Senate Bill sb0002A

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    Florida Senate - 2004                                   SB 2-A

    By Senator Carlton





    23-161H-05

  1                      A bill to be entitled

  2         An act relating to early learning; creating

  3         part V of ch. 1002, F.S.; creating the

  4         Voluntary Prekindergarten Education Program;

  5         implementing s. 1(b) and (c), Art. IX of the

  6         State Constitution; providing definitions for

  7         purposes of the program; providing eligibility

  8         and enrollment requirements; authorizing

  9         parents to enroll their children in a

10         school-year program delivered by a private

11         prekindergarten provider, a summer program

12         delivered by a public school or private

13         prekindergarten provider, or a school-year

14         program delivered by a public school; requiring

15         school districts to admit all eligible children

16         in the summer program; prohibiting specified

17         acts of discrimination and certain limits on

18         enrollment; specifying eligibility requirements

19         for private prekindergarten providers and

20         public schools that deliver the program;

21         requiring minimum hours for the program;

22         providing minimum requirements for

23         prekindergarten instructors; providing for the

24         adoption of rules; providing minimum and

25         maximum class sizes; requiring appropriate

26         adult supervision for prekindergarten classes;

27         requiring the Department of Education to

28         establish minimum standards for a credential

29         for prekindergarten directors and for emergent

30         literacy training courses for prekindergarten

31         instructors; requiring the credential and

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    Florida Senate - 2004                                   SB 2-A
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 1         course to provide training and resources

 2         containing strategies that maximize the

 3         program's benefits for students with

 4         disabilities and other special needs; providing

 5         that the credential and course satisfy certain

 6         credentialing and training requirements;

 7         providing limits on when a provider or school

 8         may deliver the summer prekindergarten program;

 9         specifying eligibility requirements for school

10         districts that deliver the school-year

11         prekindergarten program; providing legislative

12         intent; authorizing providers and schools to

13         select or design curricula used for the

14         program; directing the Department of Education

15         to adopt performance standards and approve

16         curricula under specified conditions; requiring

17         providers and schools to be placed on probation

18         and use the approved curricula under certain

19         circumstances; requiring improvement plans and

20         corrective actions from providers and schools

21         under certain circumstances; providing for the

22         removal of providers or schools that remain on

23         probation beyond specified time limits;

24         requiring early learning coalitions and school

25         districts to verify the compliance of private

26         prekindergarten providers and public schools;

27         authorizing the removal of providers and

28         schools for noncompliance or misconduct;

29         requiring interagency coordination for

30         monitoring providers; requiring the Department

31         of Education to adopt a statewide kindergarten

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    Florida Senate - 2004                                   SB 2-A
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 1         screening; requiring certain students to take

 2         the statewide screening; specifying

 3         requirements for screening instruments and

 4         kindergarten readiness rates; directing the

 5         State Board of Education to establish minimum

 6         rates; providing funding and reporting

 7         requirements; specifying the calculation of

 8         per-student allocations; authorizing students

 9         to withdraw, reenroll, and receive additional

10         per-student allocations under specified

11         conditions; providing for advance payments to

12         private prekindergarten providers and public

13         schools based upon student enrollment;

14         providing for the documentation and

15         certification of student attendance; requiring

16         parents to verify student attendance and

17         certify the choice of provider or school;

18         providing for the reconciliation of advance

19         payments based upon attendance; requiring

20         students to comply with attendance policies and

21         authorizing the dismissal of students for

22         noncompliance; requiring the Agency for

23         Workforce Innovation to adopt a uniform

24         attendance policy for funding purposes;

25         providing for administrative funds to be used

26         by early learning coalitions; prohibiting

27         certain fees or charges; limiting the use of

28         state funds; providing powers and duties of the

29         Department of Education and the Agency for

30         Workforce Innovation; requiring the department

31         and the agency to adopt procedures for the

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    Florida Senate - 2004                                   SB 2-A
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 1         Voluntary Prekindergarten Education Program;

 2         creating the Florida Early Learning Advisory

 3         Council; providing for the appointment and

 4         membership of the advisory council; providing

 5         membership and meeting requirements;

 6         authorizing council members to receive per diem

 7         and travel expenses; requiring the Agency for

 8         Workforce Innovation to provide staff for the

 9         advisory council; providing for the adoption of

10         rules; amending s. 411.01, F.S.; conforming

11         provisions to the transfer of the Florida

12         Partnership for School Readiness to the Agency

13         for Workforce Innovation; deleting provisions

14         for the appointment and membership of the

15         partnership; redesignating school readiness

16         coalitions as early learning coalitions;

17         deleting obsolete references to repealed

18         programs; deleting obsolete provisions

19         governing the phase in of school readiness

20         programs; deleting provisions governing the

21         measurement of school readiness, the school

22         readiness uniform screening, and

23         performance-based budgeting in school readiness

24         programs; specifying requirements for school

25         readiness performance standards; clarifying

26         rulemaking requirements; revising requirements

27         for school readiness programs; specifying that

28         school readiness programs must enhance the

29         progress of children in certain skills;

30         requiring early learning coalitions to obtain

31         certain health information before enrolling a

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 1         child in the school readiness program;

 2         requiring the Agency for Workforce Innovation

 3         to monitor and evaluate the performance of

 4         early learning coalitions and to identify best

 5         practices for the coalitions; requiring a

 6         reduction in the number of coalitions in

 7         accordance with specified standards; directing

 8         the Agency for Workforce Innovation to adopt

 9         procedures for the merger of coalitions;

10         providing exceptions; authorizing the Agency

11         for Workforce Innovation to dissolve a

12         coalition under specified conditions; revising

13         appointment and membership requirements for the

14         coalitions; specifying that certain members are

15         nonvoting; directing the Agency for Workforce

16         Innovation to adopt criteria for the

17         appointment of certain members; requiring each

18         coalition to specify terms of coalition

19         members; requiring a quorum of coalition

20         members; prohibiting coalition members from

21         voting under certain circumstances; providing a

22         definition for purposes of the single point of

23         entry; requiring early learning coalitions to

24         use a statewide information system; requiring

25         the Agency for Workforce Innovation to approve

26         payment rates and consider the access of

27         eligible children before approving proposals to

28         increase rates; prioritizing the use of school

29         readiness funds under certain circumstances;

30         deleting requirements for the minimum number of

31         children served; providing requirements for

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    Florida Senate - 2004                                   SB 2-A
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 1         developmentally appropriate curriculum used for

 2         school readiness programs; authorizing

 3         contracts for the continuation of school

 4         readiness services under certain circumstances;

 5         requiring the Agency for Workforce Innovation

 6         to adopt criteria for the approval of school

 7         readiness plans; revising requirements for

 8         school readiness plans; providing requirements

 9         for the approval and implementation of plan

10         revisions; revising competitive procurement

11         requirements for early learning coalitions;

12         authorizing the coalitions to designate

13         certified public accountants as fiscal agents;

14         clarifying age and income eligibility

15         requirements for school readiness programs;

16         revising eligibility requirements for certain

17         at-risk children; deleting a requirement for

18         consultation on performance standards and

19         outcome measures; revising funding

20         requirements; revising requirements for the

21         adoption of a formula for the allocation of

22         certain funds among the early learning

23         coalitions; specifying allocations for fiscal

24         year 2004-2005; deleting an obsolete provision

25         requiring a report; deleting the expiration of

26         eligibility requirements for certain children

27         from families receiving temporary cash

28         assistance; amending s. 11.45, F.S.;

29         authorizing the Auditor General to conduct

30         audits of the school readiness system; amending

31         s. 20.50, F.S.; creating the Office of Early

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    Florida Senate - 2004                                   SB 2-A
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 1         Learning within the Agency for Workforce

 2         Innovation; requiring the office to administer

 3         the school readiness system and operational

 4         requirements of the Voluntary Prekindergarten

 5         Education Program; amending s. 125.901, F.S.;

 6         conforming provisions to changes made by the

 7         act; amending ss. 216.133 and 216.136, F.S.;

 8         redesignating the School Readiness Program

 9         Estimating Conference as the Early Learning

10         Programs Estimating Conference; requiring the

11         estimating conference to develop certain

12         estimates and forecasts for the Voluntary

13         Prekindergarten Education Program; directing

14         the Agency for Workforce Innovation to provide

15         certain information to the estimating

16         conference; amending ss. 402.3016, 411.011,

17         411.226, 411.227, 1001.23, 1002.22, and

18         1003.54, F.S.; conforming provisions to the

19         transfer of the Florida Partnership for School

20         Readiness to the Agency for Workforce

21         Innovation and to the redesignation of the

22         school readiness coalitions as early learning

23         coalitions; authorizing the agency to adopt

24         rules; amending s. 1007.23, F.S.; requiring the

25         articulation of certain programs into credit

26         toward a postsecondary degree; abolishing the

27         Florida Partnership for School Readiness;

28         transferring all powers, rules, personnel, and

29         property of the partnership to the Agency for

30         Workforce Innovation; repealing ss. 411.012 and

31         1008.21, F.S., relating to the voluntary

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    Florida Senate - 2004                                   SB 2-A
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 1         universal prekindergarten education program and

 2         the school readiness uniform screening;

 3         providing appropriations and authorizing

 4         additional positions; requiring that the

 5         Executive Office of the Governor provide prior

 6         notice to the Legislative Budget Commission of

 7         allocations from the lump-sum appropriations to

 8         appropriation categories; providing an

 9         effective date.

10  

11  Be It Enacted by the Legislature of the State of Florida:

12  

13         Section 1.  Part V of chapter 1002, Florida Statutes,

14  consisting of sections 1002.51, 1002.53, 1002.55, 1002.57,

15  1002.59, 1002.61, 1002.63, 1002.65, 1002.67, 1002.69, 1002.71,

16  1002.73, 1002.75, 1002.77, and 1002.79, Florida Statutes, is

17  created to read:

18                              PART V

19           VOLUNTARY PREKINDERGARTEN EDUCATION PROGRAM

20         1002.51  Definitions.--As used in this part, the term:

21         (1)  "Department" means the Department of Education.

22         (2)  "Early learning coalition" or "coalition" means an

23  early learning coalition created under s. 411.01.

24         (3)  "Prekindergarten director" means an onsite person

25  ultimately responsible for the overall operation of a private

26  prekindergarten provider or, alternatively, of the provider's

27  prekindergarten program, regardless of whether the person is

28  the owner of the provider.

29         (4)  "Prekindergarten instructor" means a teacher or

30  child care personnel as defined in s. 402.302 who provide

31  

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    Florida Senate - 2004                                   SB 2-A
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 1  instruction to students in the Voluntary Prekindergarten

 2  Education Program.

 3         (5)  "Private prekindergarten provider" means a

 4  provider other than a public school which is eligible to

 5  deliver the school-year prekindergarten program under s.

 6  1002.55 or the summer prekindergarten program under s.

 7  1002.61.

 8         1002.53  Voluntary Prekindergarten Education Program;

 9  eligibility and enrollment.--

10         (1)  There is created the Voluntary Prekindergarten

11  Education Program. The program shall take effect in each

12  county at the beginning of the 2005-2006 school year and shall

13  be organized, designed, and delivered in accordance with s.

14  1(b) and (c), Art. IX of the State Constitution.

15         (2)  Each child who resides in this state who will have

16  attained the age of 4 years on or before September 1 of the

17  school year is eligible for the Voluntary Prekindergarten

18  Education Program during that school year. The child remains

19  eligible until the beginning of the school year for which the

20  child is eligible for admission to kindergarten in a public

21  school under s. 1003.21(1)(a)2. or until the child is admitted

22  to kindergarten, whichever occurs first.

23         (3)  The parent of each child eligible under subsection

24  (2) may enroll the child in one of the following programs:

25         (a)  A school-year prekindergarten program delivered by

26  a private prekindergarten provider under s. 1002.55;

27         (b)  A summer prekindergarten program delivered by a

28  public school or private prekindergarten provider under s.

29  1002.61; or

30  

31  

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    Florida Senate - 2004                                   SB 2-A
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 1         (c)  A school-year prekindergarten program delivered by

 2  a public school, if offered by a school district that is

 3  eligible under s. 1002.63.

 4  

 5  Except as provided in s. 1002.71(4), a child may not enroll in

 6  more than one of these programs.

 7         (4)(a)  Each parent enrolling a child in the Voluntary

 8  Prekindergarten Education Program must complete and submit an

 9  application to the early learning coalition through the single

10  point of entry established under s. 411.01.

11         (b)  The application must be submitted on forms

12  prescribed by the Agency for Workforce Innovation and must be

13  accompanied by a certified copy of the child's birth

14  certificate. The forms must include a certification, in

15  substantially the form provided in s. 1002.71(6)(b)2., that

16  the parent chooses the private prekindergarten provider or

17  public school in accordance with this section and directs that

18  payments for the program be made to the provider or school.

19  The Agency for Workforce Innovation may authorize alternative

20  methods for submitting proof of the child's age in lieu of a

21  certified copy of the child's birth certificate.

22         (c)  Each early learning coalition shall coordinate

23  with each of the school districts within the coalition's

24  county or multicounty region in the development of procedures

25  for enrolling children in prekindergarten programs delivered

26  by public schools.

27         (5)  The early learning coalition shall provide each

28  parent enrolling a child in the Voluntary Prekindergarten

29  Education Program with a profile of every private

30  prekindergarten provider and public school delivering the

31  program within the coalition's county or multicounty region.

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 1  The profiles shall be provided to parents in a format

 2  prescribed by the Agency for Workforce Innovation. The

 3  profiles must include, at a minimum, the following information

 4  about each provider and school:

 5         (a)  The provider's or school's services, curriculum,

 6  instructor credentials, and instructor-to-student ratio; and

 7         (b)  The provider's or school's kindergarten readiness

 8  rate calculated in accordance with s. 1002.69, based upon the

 9  most recent available results of the statewide kindergarten

10  screening.

11         (6)(a)  A parent may enroll his or her child with any

12  private prekindergarten provider that is eligible to deliver

13  the Voluntary Prekindergarten Education Program under this

14  part; however, the provider may determine whether to admit any

15  child. An early learning coalition may not limit the number of

16  students admitted by any private prekindergarten provider for

17  enrollment in the program. However, this paragraph does not

18  authorize an early learning coalition to allow a provider to

19  exceed any staff-to-children ratio, square footage per child,

20  or other requirement imposed under ss. 402.301-402.319 as a

21  result of admissions in the prekindergarten program.

22         (b)  A parent may enroll his or her child with any

23  public school within the school district which is eligible to

24  deliver the Voluntary Prekindergarten Education Program under

25  this part, subject to available space. Each school district

26  may limit the number of students admitted by any public school

27  for enrollment in the program; however, the school district

28  must provide for the admission of every eligible child within

29  the district whose parent enrolls the child in a summer

30  prekindergarten program delivered by a public school under s.

31  1002.61.

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 1         (c)  Each private prekindergarten provider and public

 2  school must comply with the antidiscrimination requirements of

 3  42 U.S.C. s. 2000d, regardless of whether the provider or

 4  school receives federal financial assistance. A private

 5  prekindergarten provider or public school may not discriminate

 6  against a parent or child, including the refusal to admit a

 7  child for enrollment in the Voluntary Prekindergarten

 8  Education Program, in violation of these antidiscrimination

 9  requirements.

10         1002.55  School-year prekindergarten program delivered

11  by private prekindergarten providers.--

12         (1)  Each early learning coalition shall administer the

13  Voluntary Prekindergarten Education Program at the county or

14  regional level for students enrolled under s. 1002.53(3)(a) in

15  a school-year prekindergarten program delivered by a private

16  prekindergarten provider.

17         (2)  Each school-year prekindergarten program delivered

18  by a private prekindergarten provider must comprise at least

19  540 instructional hours.

20         (3)  To be eligible to deliver the prekindergarten

21  program, a private prekindergarten provider must meet each of

22  the following requirements:

23         (a)  The private prekindergarten provider must be a

24  child care facility licensed under s. 402.305, family day care

25  home licensed under s. 402.313, large family child care home

26  licensed under s. 402.3131, nonpublic school exempt from

27  licensure under s. 402.3025(2), or faith-based child care

28  provider exempt from licensure under s. 402.316.

29         (b)  The private prekindergarten provider must:

30         1.  Be accredited by an accrediting association that is

31  a member of the National Council for Private School

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    Florida Senate - 2004                                   SB 2-A
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 1  Accreditation, the Commission on International and

 2  Trans-Regional Accreditation, or the Florida Association of

 3  Academic Nonpublic Schools;

 4         2.  Hold a current Gold Seal Quality Care designation

 5  under s. 402.281; or

 6         3.  Be licensed under s. 402.305, s. 402.313, or s.

 7  402.3131 and demonstrate, before delivering the Voluntary

 8  Prekindergarten Education Program, as verified by the early

 9  learning coalition, that the provider meets each of the

10  requirements of the program under this part, including, but

11  not limited to, the requirements for credentials and

12  background screenings of prekindergarten instructors under

13  paragraphs (c) and (d), minimum and maximum class sizes under

14  paragraph (e), prekindergarten director credentials under

15  paragraph (f), and a developmentally appropriate curriculum

16  under s. 1002.67(2)(b).

17         (c)  The private prekindergarten provider must have,

18  for each prekindergarten class, at least one prekindergarten

19  instructor who meets each of the following requirements:

20         1.  The prekindergarten instructor must hold, at a

21  minimum, one of the following credentials:

22         a.  A child development associate credential issued by

23  the National Credentialing Program of the Council for

24  Professional Recognition; or

25         b.  A credential approved by the Department of Children

26  and Family Services as being equivalent to or greater than the

27  credential described in sub-subparagraph a.

28  

29  The Department of Children and Family Services may adopt rules

30  under ss. 120.536(1) and 120.54 which provide criteria and

31  

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 1  procedures for approving equivalent credentials under

 2  sub-subparagraph b.

 3         2.  The prekindergarten instructor must successfully

 4  complete an emergent literacy training course approved by the

 5  department as meeting or exceeding the minimum standards

 6  adopted under s. 1002.59. This subparagraph does not apply to

 7  a prekindergarten instructor who successfully completes

 8  approved training in early literacy and language development

 9  under s. 402.305(2)(d)5., s. 402.313(6), or s. 402.3131(5)

10  before the establishment of one or more emergent literacy

11  training courses under s. 1002.59 or April 1, 2005, whichever

12  occurs later.

13         (d)  Each prekindergarten instructor employed by the

14  private prekindergarten provider must be of good moral

15  character, must be screened using the level 2 screening

16  standards in s. 435.04 before employment and rescreened at

17  least once every 5 years, must be denied employment or

18  terminated if required under s. 435.06, and must not be

19  ineligible to teach in a public school because his or her

20  educator certificate is suspended or revoked.

21         (e)  Each of the private prekindergarten provider's

22  prekindergarten classes must be composed of at least 4

23  students but may not exceed 18 students. In order to protect

24  the health and safety of students, each private

25  prekindergarten provider must also provide appropriate adult

26  supervision for students at all times. This paragraph does not

27  supersede any requirement imposed on a provider under ss.

28  402.301-402.319.

29         (f)  Before the beginning of the 2006-2007 school year,

30  the private prekindergarten provider must have a

31  prekindergarten director who has a prekindergarten director

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 1  credential that is approved by the department as meeting or

 2  exceeding the minimum standards adopted under s. 1002.57.

 3  Successful completion of a child care facility director

 4  credential under s. 402.305(2)(f) before the establishment of

 5  the prekindergarten director credential under s. 1002.57 or

 6  July 1, 2006, whichever occurs later, satisfies the

 7  requirement for a prekindergarten director credential under

 8  this paragraph.

 9         (g)  The private prekindergarten provider must register

10  with the early learning coalition on forms prescribed by the

11  Agency for Workforce Innovation.

12         (h)  The private prekindergarten provider must deliver

13  the Voluntary Prekindergarten Education Program in accordance

14  with this part.

15         (4)  A prekindergarten instructor, in lieu of the

16  minimum credentials and courses required under paragraph

17  (3)(c), may hold one of the following educational credentials:

18         (a)  A bachelor's or higher degree in early childhood

19  education, prekindergarten or primary education, preschool

20  education, or family and consumer science;

21         (b)  A bachelor's or higher degree in elementary

22  education, if the prekindergarten instructor has been

23  certified to teach children any age from birth through 6th

24  grade, regardless of whether the instructor's educator

25  certificate is current, and if the instructor is not

26  ineligible to teach in a public school because his or her

27  educator certificate is suspended or revoked;

28         (c)  An associate's or higher degree in child

29  development;

30         (d)  An associate's or higher degree in an unrelated

31  field, at least 6 credit hours in early childhood education or

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 1  child development, and at least 480 hours of experience in

 2  teaching or providing child care services for children any age

 3  from birth through 8 years of age; or

 4         (e)  An educational credential approved by the

 5  department as being equivalent to or greater than an

 6  educational credential described in this subsection. The

 7  department may adopt criteria and procedures for approving

 8  equivalent educational credentials under this paragraph.

 9         1002.57  Prekindergarten director credential.--

10         (1)  By July 1, 2006, the department shall adopt

11  minimum standards for a credential for prekindergarten

12  directors of private prekindergarten providers delivering the

13  Voluntary Prekindergarten Education Program. The credential

14  must encompass requirements for education and onsite

15  experience.

16         (2)  The educational requirements must include training

17  in the following:

18         (a)  Professionally accepted standards for

19  prekindergarten programs, early learning, and strategies and

20  techniques to address the age-appropriate progress of

21  prekindergarten students in attaining the performance

22  standards adopted by the department under s. 1002.67;

23         (b)  Strategies that allow students with disabilities

24  and other special needs to derive maximum benefit from the

25  Voluntary Prekindergarten Education Program; and

26         (c)  Program administration and operations, including

27  management, organizational leadership, and financial and legal

28  issues.

29         (3)  The prekindergarten director credential must meet

30  or exceed the requirements of the Department of Children and

31  Family Services for the child care facility director

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 1  credential under s. 402.305(2)(f), and successful completion

 2  of the prekindergarten director credential satisfies these

 3  requirements for the child care facility director credential.

 4         (4)  The department shall, to the maximum extent

 5  practicable, award credit to a person who successfully

 6  completes the child care facility director credential under s.

 7  402.305(2)(f) for those requirements of the prekindergarten

 8  director credential which are duplicative of requirements for

 9  the child care facility director credential.

10         1002.59  Emergent literacy training courses.--By April

11  1, 2005, the department shall adopt minimum standards for one

12  or more training courses in emergent literacy for

13  prekindergarten instructors. Each course must comprise 5 clock

14  hours and provide instruction in strategies and techniques to

15  address the age-appropriate progress of prekindergarten

16  students in developing emergent literacy skills, including

17  oral communication, knowledge of print and letters, phonemic

18  and phonological awareness, and vocabulary and comprehension

19  development. Each course must also provide resources

20  containing strategies that allow students with disabilities

21  and other special needs to derive maximum benefit from the

22  Voluntary Prekindergarten Education Program. Successful

23  completion of an emergent literacy training course approved

24  under this section satisfies requirements for approved

25  training in early literacy and language development under ss.

26  402.305(2)(d)5., 402.313(6), and 402.3131(5).

27         1002.61  Summer prekindergarten program delivered by

28  public schools and private prekindergarten providers.--

29         (1)(a)  Each school district shall administer the

30  Voluntary Prekindergarten Education Program at the district

31  

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 1  level for students enrolled under s. 1002.53(3)(b) in a summer

 2  prekindergarten program delivered by a public school.

 3         (b)  Each early learning coalition shall administer the

 4  Voluntary Prekindergarten Education Program at the county or

 5  regional level for students enrolled under s. 1002.53(3)(b) in

 6  a summer prekindergarten program delivered by a private

 7  prekindergarten provider.

 8         (2)  Each summer prekindergarten program delivered by a

 9  public school or private prekindergarten provider must:

10         (a)  Comprise at least 300 instructional hours;

11         (b)  Not begin earlier than May 1 of the school year;

12  and

13         (c)  Not deliver the program for a child earlier than

14  the summer immediately before the school year for which the

15  child is eligible for admission to kindergarten in a public

16  school under s. 1003.21(1)(a)2.

17         (3)(a)  Each district school board shall determine

18  which public schools in the school district are eligible to

19  deliver the summer prekindergarten program. The school

20  district shall use educational facilities available in the

21  public schools during the summer term for the summer

22  prekindergarten program.

23         (b)  Except as provided in this section, to be eligible

24  to deliver the summer prekindergarten program, a private

25  prekindergarten provider must meet each requirement in s.

26  1002.55.

27         (4)  Notwithstanding ss. 1002.55(3)(c)1. and

28  1002.63(5), each public school and private prekindergarten

29  provider must have, for each prekindergarten class, at least

30  one prekindergarten instructor who:

31         (a)  Is a certified teacher; or

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 1         (b)  Holds one of the educational credentials specified

 2  in s. 1002.55(4)(a) or (b).

 3  

 4  As used in this subsection, the term "certified teacher" means

 5  a teacher holding a valid Florida educator certificate under

 6  s. 1012.56 who has the qualifications required by the district

 7  school board to instruct students in the summer

 8  prekindergarten program. In selecting instructional staff for

 9  the summer prekindergarten program, each school district shall

10  give priority to teachers who have experience or coursework in

11  early childhood education.

12         (5)  Each prekindergarten instructor employed by a

13  public school or private prekindergarten provider delivering

14  the summer prekindergarten program must be of good moral

15  character, must be screened using the level 2 screening

16  standards in s. 435.04 before employment and rescreened at

17  least once every 5 years, must be denied employment or

18  terminated if required under s. 435.06, and must not be

19  ineligible to teach in a public school because his or her

20  educator certificate is suspended or revoked. This subsection

21  does not supersede employment requirements for instructional

22  personnel in public schools which are more stringent than the

23  requirements of this subsection.

24         (6)  Notwithstanding ss. 1002.55(3)(e) and 1002.63(7),

25  each prekindergarten class in the summer prekindergarten

26  program, regardless of whether the class is a public school's

27  or private prekindergarten provider's class, must be composed

28  of at least 4 students but may not exceed 10 students. In

29  order to protect the health and safety of students, each

30  public school or private prekindergarten provider must also

31  provide appropriate adult supervision for students at all

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 1  times. This subsection does not supersede any requirement

 2  imposed on a provider under ss. 402.301-402.319.

 3         (7)  Each public school delivering the summer

 4  prekindergarten program must also:

 5         (a)  Register with the early learning coalition on

 6  forms prescribed by the Agency for Workforce Innovation; and

 7         (b)  Deliver the Voluntary Prekindergarten Education

 8  Program in accordance with this part.

 9         1002.63  School-year prekindergarten program delivered

10  by public schools.--

11         (1)  Each school district eligible under subsection (4)

12  may administer the Voluntary Prekindergarten Education Program

13  at the district level for students enrolled under s.

14  1002.53(3)(c) in a school-year prekindergarten program

15  delivered by a public school.

16         (2)  Each school-year prekindergarten program delivered

17  by a public school must comprise at least 540 instructional

18  hours.

19         (3)  The district school board of each school district

20  eligible under subsection (4) shall determine which public

21  schools in the district are eligible to deliver the

22  prekindergarten program during the school year.

23         (4)  To be eligible to deliver the prekindergarten

24  program during the school year, each school district must meet

25  both of the following requirements:

26         (a)  The district school board must certify to the

27  State Board of Education that the school district:

28         1.  Has reduced the average class size in each

29  classroom in accordance with s. 1003.03 and the schedule in s.

30  1(a), Art. IX of the State Constitution; and

31  

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 1         2.  Has sufficient satisfactory educational facilities

 2  and capital outlay funds to continue reducing the average

 3  class size in each classroom in the district's elementary

 4  schools for each year in accordance with the schedule for

 5  class-size reduction and to achieve full compliance with the

 6  maximum class sizes in s. 1(a), Art. IX of the State

 7  Constitution by the beginning of the 2010-2011 school year.

 8         (b)  The Commissioner of Education must certify to the

 9  State Board of Education that the department has reviewed the

10  school district's educational facilities, capital outlay

11  funds, and projected student enrollment and concurs with the

12  district school board's certification under paragraph (a).

13         (5)  Each public school must have, for each

14  prekindergarten class, at least one prekindergarten instructor

15  who meets each requirement in s. 1002.55(3)(c) for a

16  prekindergarten instructor of a private prekindergarten

17  provider.

18         (6)  Each prekindergarten instructor employed by a

19  public school delivering the school-year prekindergarten

20  program must be of good moral character, must be screened

21  using the level 2 screening standards in s. 435.04 before

22  employment and rescreened at least once every 5 years, must be

23  denied employment or terminated if required under s. 435.06,

24  and must not be ineligible to teach in a public school because

25  his or her educator certificate is suspended or revoked. This

26  subsection does not supersede employment requirements for

27  instructional personnel in public schools which are more

28  stringent than the requirements of this subsection.

29         (7)  Each prekindergarten class in a public school

30  delivering the school-year prekindergarten program must be

31  composed of at least 4 students but may not exceed 18

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 1  students. In order to protect the health and safety of

 2  students, each school must also provide appropriate adult

 3  supervision for students at all times.

 4         (8)  Each public school delivering the school-year

 5  prekindergarten program must:

 6         (a)  Register with the early learning coalition on

 7  forms prescribed by the Agency for Workforce Innovation; and

 8         (b)  Deliver the Voluntary Prekindergarten Education

 9  Program in accordance with this part.

10         1002.65  Professional credentials of prekindergarten

11  instructors; aspirational goals; legislative intent.--

12         (1)  The Legislature recognizes that there is a strong

13  relationship between the skills and preparation of

14  prekindergarten instructors and the educational outcomes of

15  students in the Voluntary Prekindergarten Education Program.

16         (2)  To improve these educational outcomes, the

17  Legislature intends that all prekindergarten instructors will

18  continue to improve their skills and preparation through

19  education and training, so that the following aspirational

20  goals will be achieved:

21         (a)  By the 2010-2011 school year:

22         1.  Each prekindergarten class will have at least one

23  prekindergarten instructor who holds an associate's or higher

24  degree in the field of early childhood education or child

25  development; and

26         2.  For each prekindergarten class composed of 11 or

27  more students, in addition to a prekindergarten instructor who

28  meets the requirements of subparagraph 1., the class will have

29  at least one prekindergarten instructor who meets the

30  requirements of s. 1002.55(3)(c).

31  

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 1         (b)  By the 2013-2014 school year, each prekindergarten

 2  class will have at least one prekindergarten instructor who

 3  holds a bachelor's or higher degree in the field of early

 4  childhood education or child development.

 5         1002.67  Performance standards; curricula and

 6  accountability.--

 7         (1)  By April 1, 2005, the department shall develop and

 8  adopt performance standards for students in the Voluntary

 9  Prekindergarten Education Program. The performance standards

10  must address the age-appropriate progress of students in the

11  development of:

12         (a)  The capabilities, capacities, and skills required

13  under s. 1(b), Art. IX of the State Constitution; and

14         (b)  Emergent literacy skills, including oral

15  communication, knowledge of print and letters, phonemic and

16  phonological awareness, and vocabulary and comprehension

17  development.

18         (2)(a)  Each private prekindergarten provider and

19  public school may select or design the curriculum that the

20  provider or school uses to implement the Voluntary

21  Prekindergarten Education Program, except as otherwise

22  required for a provider or school that is placed on probation

23  under paragraph (3)(c).

24         (b)  Each private prekindergarten provider's and public

25  school's curriculum must be developmentally appropriate and

26  must:

27         1.  Be designed to prepare a student for early

28  literacy;

29         2.  Enhance the age-appropriate progress of students in

30  attaining the performance standards adopted by the department

31  under subsection (1); and

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 1         3.  Prepare students to be ready for kindergarten based

 2  upon the statewide kindergarten screening administered under

 3  s. 1002.69.

 4         (c)  The department shall review and approve curricula

 5  for use by private prekindergarten providers and public

 6  schools that are placed on probation under paragraph (3)(c).

 7  The department shall maintain a list of the curricula approved

 8  under this paragraph. Each approved curriculum must meet the

 9  requirements of paragraph (b).

10         (3)(a)  Each early learning coalition shall verify that

11  each private prekindergarten provider delivering the Voluntary

12  Prekindergarten Education Program within the coalition's

13  county or multicounty region complies with this part. Each

14  district school board shall verify that each public school

15  delivering the program within the school district complies

16  with this part.

17         (b)  If a private prekindergarten provider or public

18  school fails or refuses to comply with this part, or if a

19  provider or school engages in misconduct, the Agency for

20  Workforce Innovation shall require the early learning

21  coalition to remove the provider, and the Department of

22  Education shall require the school district to remove the

23  school, from eligibility to deliver the Voluntary

24  Prekindergarten Education Program and receive state funds

25  under this part.

26         (c)1.  If the kindergarten readiness rate of a private

27  prekindergarten provider or public school falls below the

28  minimum rate adopted by the State Board of Education as

29  satisfactory under s. 1002.69(6), the early learning coalition

30  or school district, as applicable, shall require the provider

31  or school to submit an improvement plan for approval by the

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 1  coalition or school district, as applicable, and to implement

 2  the plan.

 3         2.  If a private prekindergarten provider or public

 4  school fails to meet the minimum rate adopted by the State

 5  Board of Education as satisfactory under s. 1002.69(6) for 2

 6  consecutive years, the early learning coalition or school

 7  district, as applicable, shall place the provider or school on

 8  probation and must require the provider or school to take

 9  certain corrective actions, including the use of a curriculum

10  approved by the department under paragraph (2)(c).

11         3.  A private prekindergarten provider or public school

12  that is placed on probation must continue the corrective

13  actions required under subparagraph 2., including the use of a

14  curriculum approved by the department, until the provider or

15  school meets the minimum rate adopted by the State Board of

16  Education as satisfactory under s. 1002.69(6).

17         4.  If a private prekindergarten provider or public

18  school remains on probation for 2 consecutive years and fails

19  to meet the minimum rate adopted by the State Board of

20  Education as satisfactory under s. 1002.69(6), the Agency for

21  Workforce Innovation shall require the early learning

22  coalition or the Department of Education shall require the

23  school district, as applicable, to remove the provider or

24  school from eligibility to deliver the Voluntary

25  Prekindergarten Education Program and receive state funds for

26  the program.

27         (d)  Each early learning coalition, the Agency for

28  Workforce Innovation, and the department shall coordinate with

29  the Child Care Services Program Office of the Department of

30  Children and Family Services to minimize interagency

31  duplication of activities for monitoring private

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 1  prekindergarten providers for compliance with requirements of

 2  the Voluntary Prekindergarten Education Program under this

 3  part, the school readiness programs under s. 411.01, and the

 4  licensing of providers under ss. 402.301-402.319.

 5         1002.69  Statewide kindergarten screening; kindergarten

 6  readiness rates.--

 7         (1)  The department shall adopt a statewide

 8  kindergarten screening that assesses the readiness of each

 9  student for kindergarten based upon the performance standards

10  adopted by the department under s. 1002.67(1) for the

11  Voluntary Prekindergarten Education Program. The department

12  shall require that each school district administer the

13  statewide kindergarten screening to each kindergarten student

14  in the school district within the first 30 school days of each

15  school year.

16         (2)  The statewide kindergarten screening shall provide

17  objective data concerning each student's readiness for

18  kindergarten and progress in attaining the performance

19  standards adopted by the department under s. 1002.67(1).

20         (3)  The statewide kindergarten screening shall

21  incorporate mechanisms for recognizing potential variations in

22  kindergarten readiness rates for students with disabilities.

23         (4)  Each parent who enrolls his or her child in the

24  Voluntary Prekindergarten Education Program must submit the

25  child for the statewide kindergarten screening, regardless of

26  whether the child is admitted to kindergarten in a public

27  school or nonpublic school. Each school district shall

28  designate sites to administer the statewide kindergarten

29  screening for children admitted to kindergarten in a nonpublic

30  school.

31  

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 1         (5)  The State Board of Education shall adopt

 2  procedures for the department to annually calculate each

 3  private prekindergarten provider's and public school's

 4  kindergarten readiness rate, which must be expressed as the

 5  percentage of the provider's or school's students who are

 6  assessed as ready for kindergarten. The kindergarten readiness

 7  rates must be based exclusively upon the results of the

 8  statewide kindergarten screening for students completing the

 9  Voluntary Prekindergarten Education Program, beginning with

10  students completing the program during the 2005-2006 school

11  year who are administered the statewide kindergarten screening

12  during the 2006-2007 school year. The rates must not include

13  students who are not administered the statewide kindergarten

14  screening.

15         (6)(a)  The State Board of Education shall periodically

16  adopt a minimum kindergarten readiness rate that, if achieved

17  by a private prekindergarten provider or public school, would

18  demonstrate the provider's or school's satisfactory delivery

19  of the Voluntary Prekindergarten Education Program.

20         (b)  The minimum rate must not exceed the rate at which

21  more than 15 percent of the kindergarten readiness rates of

22  all private prekindergarten providers and public schools

23  delivering the Voluntary Prekindergarten Education Program in

24  the state would fall below the minimum rate.

25         1002.71  Funding; financial and attendance reporting.--

26         (1)  Funds appropriated for the Voluntary

27  Prekindergarten Education Program may be used only for the

28  program in accordance with this part. If the student

29  enrollment in the program for a fiscal year exceeds the

30  estimated enrollment upon which the appropriation for that

31  fiscal year is provided, thereby causing a shortfall, funds

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 1  appropriated to the program for the subsequent fiscal year

 2  must be used first to fund the shortfall.

 3         (2)  A full-time equivalent student in the Voluntary

 4  Prekindergarten Education Program shall be calculated as

 5  follows:

 6         (a)  For a student in a school-year prekindergarten

 7  program delivered by a private prekindergarten provider: 540

 8  instructional hours.

 9         (b)  For a student in a summer prekindergarten program

10  delivered by a public school or private prekindergarten

11  provider: 300 instructional hours.

12         (c)  For a student in a school-year prekindergarten

13  program delivered by a public school: 540 instructional hours.

14  

15  Except as provided in subsection (4), a student may not be

16  reported for funding purposes as more than one full-time

17  equivalent student.

18         (3)(a)  The base student allocation per full-time

19  equivalent student in the Voluntary Prekindergarten Education

20  Program shall be provided in the General Appropriations Act

21  and shall be equal for each student, regardless of whether the

22  student is enrolled in a school-year prekindergarten program

23  delivered by a private prekindergarten provider, a summer

24  prekindergarten program delivered by a public school or

25  private prekindergarten provider, or a school-year

26  prekindergarten program delivered by a public school.

27         (b)  Each county's allocation per full-time equivalent

28  student in the Voluntary Prekindergarten Education Program

29  shall be calculated annually by multiplying the base student

30  allocation provided in the General Appropriations Act by the

31  county's district cost differential provided in s. 1011.62(2).

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 1  Each private prekindergarten provider and public school shall

 2  be paid in accordance with the county's allocation per

 3  full-time equivalent student.

 4         (4)  Notwithstanding s. 1002.53(3) and subsection (2):

 5         (a)  A child who, for any of the prekindergarten

 6  programs listed in s. 1002.53(3), has not completed more than

 7  10 percent of the hours authorized to be reported for funding

 8  under subsection (2) may withdraw from the program for good

 9  cause, reenroll in one of the programs, and be reported for

10  funding purposes as a full-time equivalent student in the

11  program for which the child is reenrolled.

12         (b)  A child who has not substantially completed any of

13  the prekindergarten programs listed in s. 1002.53(3) may

14  withdraw from the program due to an extreme hardship that is

15  beyond the child's or parent's control, reenroll in one of the

16  programs, and be reported for funding purposes as a full-time

17  equivalent student in the program for which the child is

18  reenrolled.

19  

20  A child may reenroll only once in a prekindergarten program

21  under this section. A child who reenrolls in a prekindergarten

22  program under this subsection may not subsequently withdraw

23  from the program and reenroll. The Agency for Workforce

24  Innovation shall establish criteria specifying whether a good

25  cause exists for a child to withdraw from a program under

26  paragraph (a), whether a child has substantially completed a

27  program under paragraph (b), and whether an extreme hardship

28  exists which is beyond the child's or parent's control under

29  paragraph (b).

30         (5)(a)  Each early learning coalition shall maintain

31  through the single point of entry established under s. 411.01

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 1  a current database of the students enrolled in the Voluntary

 2  Prekindergarten Education Program for each county within the

 3  coalition's region.

 4         (b)  The Agency for Workforce Innovation shall adopt

 5  procedures for the payment of private prekindergarten

 6  providers and public schools delivering the Voluntary

 7  Prekindergarten Education Program. The procedures shall

 8  provide for the advance payment of providers and schools based

 9  upon student enrollment in the program, the certification of

10  student attendance, and the reconciliation of advance payments

11  in accordance with the uniform attendance policy adopted under

12  paragraph (6)(d). The procedures shall provide for the monthly

13  distribution of funds by the Agency for Workforce Innovation

14  to the early learning coalitions for payment by the coalitions

15  to private prekindergarten providers and public schools. The

16  department shall transfer to the Agency for Workforce

17  Innovation at least once each quarter the funds available for

18  payment to private prekindergarten providers and public

19  schools in accordance with this paragraph from the funds

20  appropriated for that purpose.

21         (6)(a)  Each parent enrolling his or her child in the

22  Voluntary Prekindergarten Education Program must agree to

23  comply with the attendance policy of the private

24  prekindergarten provider or district school board, as

25  applicable. Upon enrollment of the child, the private

26  prekindergarten provider or public school, as applicable, must

27  provide the child's parent with a copy of the provider's or

28  school district's attendance policy, as applicable.

29         (b)1.  Each private prekindergarten provider's and

30  district school board's attendance policy must require the

31  parent of each student in the Voluntary Prekindergarten

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 1  Education Program to verify, each month, the student's

 2  attendance on the prior month's certified student attendance.

 3         2.  The parent must submit the verification of the

 4  student's attendance to the private prekindergarten provider

 5  or public school on forms prescribed by the Agency for

 6  Workforce Innovation. The forms must include, in addition to

 7  the verification of the student's attendance, a certification,

 8  in substantially the following form, that the parent continues

 9  to choose the private prekindergarten provider or public

10  school in accordance with s. 1002.53 and directs that payments

11  for the program be made to the provider or school:

12  

13               VERIFICATION OF STUDENT'S ATTENDANCE

14               AND CERTIFICATION OF PARENTAL CHOICE

15  

16  I,  . . . (Name of Parent) . . . , swear (or affirm) that my

17  child, . . . (Name of Student) . . . , attended the Voluntary

18  Prekindergarten Education Program on the days listed above and

19  certify that I continue to choose  . . . (Name of Provider or

20  School) . . .  to deliver the program for my child and direct

21  that program funds be paid to the provider or school for my

22  child.

23                              . . . (Signature of Parent) . . . 

24                                            . . . (Date) . . .  

25  

26         3.  The private prekindergarten provider or public

27  school must keep each original signed form for at least 2

28  years. Each private prekindergarten provider must permit the

29  early learning coalition, and each public school must permit

30  the school district, to inspect the original signed forms

31  during normal business hours. The Agency for Workforce

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 1  Innovation shall adopt procedures for early learning

 2  coalitions and school districts to review the original signed

 3  forms against the certified student attendance. The review

 4  procedures shall provide for the use of selective inspection

 5  techniques, including, but not limited to, random sampling.

 6  Each early learning coalition and school district must comply

 7  with the review procedures.

 8         (c)  A private prekindergarten provider or school

 9  district, as applicable, may dismiss a student who does not

10  comply with the provider's or district's attendance policy. A

11  student dismissed under this paragraph is not removed from the

12  Voluntary Prekindergarten Education Program and may continue

13  in the program through reenrollment with another private

14  prekindergarten provider or public school. Notwithstanding s.

15  1002.53(6)(b), a school district is not required to provide

16  for the admission of a student dismissed under this paragraph.

17         (d)  The Agency for Workforce Innovation shall adopt,

18  for funding purposes, a uniform attendance policy for the

19  Voluntary Prekindergarten Education Program. The attendance

20  policy must apply statewide and apply equally to all private

21  prekindergarten providers and public schools. The attendance

22  policy must establish a minimum requirement for student

23  attendance and include the following provisions:

24         1.  A student who meets the minimum requirement may be

25  reported as a full-time equivalent student for funding

26  purposes.

27         2.  A student who does not meet the minimum requirement

28  may be reported only as a fractional part of a full-time

29  equivalent student, reduced pro rata based on the student's

30  attendance.

31  

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 1         3.  A student who does not meet the minimum requirement

 2  may be reported as a full-time equivalent student if the

 3  student is absent for good cause in accordance with exceptions

 4  specified in the uniform attendance policy.

 5  

 6  The uniform attendance policy shall be used only for funding

 7  purposes and does not prohibit a private prekindergarten

 8  provider or public school from adopting and enforcing its

 9  attendance policy under paragraphs (a) and (c).

10         (7)  The Agency for Workforce Innovation shall require

11  that administrative expenditures be kept to the minimum

12  necessary for efficient and effective administration of the

13  Voluntary Prekindergarten Education Program. Each early

14  learning coalition may retain and expend no more than 5

15  percent of the funds paid by the coalition to private

16  prekindergarten providers and public schools under paragraph

17  (5)(b). Funds retained by an early learning coalition under

18  this subsection may be used only for administering the

19  Voluntary Prekindergarten Education Program and may not be

20  used for the school readiness program or other programs.

21         (8)  Except as otherwise expressly authorized by law, a

22  private prekindergarten provider or public school may not:

23         (a)  Require payment of a fee or charge for services

24  provided for a child enrolled in the Voluntary Prekindergarten

25  Education Program during a period reported for funding

26  purposes; or

27         (b)  Require a child to enroll for, or require the

28  payment of any fee or charge for, supplemental services as a

29  condition of admitting a child for enrollment in the Voluntary

30  Prekindergarten Education Program.

31  

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 1         (9)  A parent is responsible for the transportation of

 2  his or her child to and from the Voluntary Prekindergarten

 3  Education Program, regardless of whether the program is

 4  delivered by a private prekindergarten provider or a public

 5  school. However, a provider or school may use part of the

 6  funds it is paid under paragraph (5)(b) for transporting

 7  students to and from the program. A student enrolled in the

 8  Voluntary Prekindergarten Education Program may not be

 9  reported under s. 1011.68 for student transportation funds.

10         1002.73  Department of Education; powers and duties;

11  accountability requirements.--

12         (1)  The department shall administer the accountability

13  requirements of the Voluntary Prekindergarten Education

14  Program at the state level.

15         (2)  The department shall adopt procedures for the

16  department's:

17         (a)  Approval of prekindergarten director credentials

18  under ss. 1002.55 and 1002.57.

19         (b)  Approval of emergent literacy training courses

20  under ss. 1002.55 and 1002.59.

21         (c)  Certification of school districts that are

22  eligible to deliver the school-year prekindergarten program

23  under s. 1002.63.

24         (d)  Administration of the statewide kindergarten

25  screening and calculation of kindergarten readiness rates

26  under s. 1002.69.

27         (3)  Except as provided by law, the department may not

28  impose requirements on a private prekindergarten provider that

29  does not deliver the Voluntary Prekindergarten Education

30  Program or receive state funds under this part.

31  

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 1         1002.75  Agency for Workforce Innovation; powers and

 2  duties; operational requirements.--

 3         (1)  The Agency for Workforce Innovation shall

 4  administer the operational requirements of the Voluntary

 5  Prekindergarten Education Program at the state level.

 6         (2)  The Agency for Workforce Innovation shall adopt

 7  procedures governing the administration of the Voluntary

 8  Prekindergarten Education Program by the early learning

 9  coalitions and school districts for:

10         (a)  Enrolling children in and determining the

11  eligibility of children for the Voluntary Prekindergarten

12  Education Program under s. 1002.53.

13         (b)  Providing parents with profiles of private

14  prekindergarten providers and public schools under s. 1002.53.

15         (c)  Registering private prekindergarten providers and

16  public schools to deliver the program under ss. 1002.55,

17  1002.61, and 1002.63.

18         (d)  Determining the eligibility of private

19  prekindergarten providers to deliver the program under ss.

20  1002.55 and 1002.61.

21         (e)  Verifying the compliance of private

22  prekindergarten providers and public schools and removing

23  providers or schools from eligibility to deliver the program

24  due to noncompliance or misconduct as provided in s. 1002.67.

25         (f)  Paying private prekindergarten providers and

26  public schools under s. 1002.71.

27         (g)  Documenting and certifying student enrollment and

28  student attendance under s. 1002.71.

29         (h)  Reconciling advance payments in accordance with

30  the uniform attendance policy under s. 1002.71.

31  

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 1         (i)  Reenrolling students dismissed by a private

 2  prekindergarten provider or public school for noncompliance

 3  with the provider's or school district's attendance policy

 4  under s. 1002.71.

 5         (3)  The Agency for Workforce Innovation shall adopt,

 6  in consultation with and subject to approval by the

 7  department, procedures governing the administration of the

 8  Voluntary Prekindergarten Education Program by the early

 9  learning coalitions and school districts for:

10         (a)  Approving improvement plans of private

11  prekindergarten providers and public schools under s. 1002.67.

12         (b)  Placing private prekindergarten providers and

13  public schools on probation and requiring corrective actions

14  under s. 1002.67.

15         (c)  Removing a private prekindergarten provider or

16  public school from eligibility to deliver the program due to

17  the provider's or school's remaining on probation beyond the

18  time permitted under s. 1002.67.

19         (4)  The Agency for Workforce Innovation shall also

20  adopt procedures for the agency's distribution of funds to

21  early learning coalitions under s. 1002.71.

22         (5)  Except as provided by law, the Agency for

23  Workforce Innovation may not impose requirements on a private

24  prekindergarten provider or public school that does not

25  deliver the Voluntary Prekindergarten Education Program or

26  receive state funds under this part.

27         1002.77  Florida Early Learning Advisory Council.--

28         (1)  There is created the Florida Early Learning

29  Advisory Council within the Agency for Workforce Innovation.

30  The purpose of the advisory council is to submit

31  recommendations to the department and the Agency for Workforce

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 1  Innovation on the early learning policy of this state,

 2  including recommendations relating to administration of the

 3  Voluntary Prekindergarten Education Program under this part

 4  and the school readiness programs under s. 411.01.

 5         (2)  The advisory council shall be composed of the

 6  following members:

 7         (a)  The chair of the advisory council who shall be

 8  appointed by and serve at the pleasure of the Governor.

 9         (b)  The chair of each early learning coalition.

10         (c)  One member who shall be appointed by and serve at

11  the pleasure of the President of the Senate.

12         (d)  One member who shall be appointed by and serve at

13  the pleasure of the Speaker of the House of Representatives.

14  

15  The chair of the advisory council appointed by the Governor

16  and the members appointed by the presiding officers of the

17  Legislature must each have a background in early learning.

18         (3)  The advisory council shall meet at least quarterly

19  but may meet as often as necessary to carry out its duties and

20  responsibilities.

21         (4)(a)  Each member of the advisory council shall serve

22  without compensation but is entitled to receive reimbursement

23  for per diem and travel expenses for attendance at council

24  meetings as provided in s. 112.061.

25         (b)  Each member of the advisory council is subject to

26  the ethics provisions in part III of chapter 112.

27         (c)  For purposes of tort liability, each member of the

28  advisory council shall be governed by s. 768.28.

29         (5)  The Agency for Workforce Innovation shall provide

30  staff and administrative support for the advisory council.

31         1002.79  Rulemaking authority.--

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 1         (1)  The State Board of Education shall adopt rules

 2  under ss. 120.536(1) and 120.54 to administer the provisions

 3  of this part conferring duties upon the department.

 4         (2)  The Agency for Workforce Innovation shall adopt

 5  rules under ss. 120.536(1) and 120.54 to administer the

 6  provisions of this part conferring duties upon the agency.

 7         Section 2.  Section 411.01, Florida Statutes, is

 8  amended to read:

 9         411.01  Florida Partnership for School readiness

10  programs; early learning school readiness coalitions.--

11         (1)  SHORT TITLE.--This section may be cited as the

12  "School Readiness Act."

13         (2)  LEGISLATIVE INTENT.--

14         (a)  The Legislature recognizes that school readiness

15  programs increase children's chances of achieving future

16  educational success and becoming productive members of

17  society. It is the intent of the Legislature that the such

18  programs be developmentally appropriate, research-based,

19  involve parents as their child's first teacher, serve as

20  preventive measures for children at risk of future school

21  failure, enhance the educational readiness of eligible

22  children, and support family education. Each school readiness

23  program shall provide the elements necessary to prepare

24  at-risk children for school, including health screening and

25  referral and an appropriate educational program.

26         (b)  It is the intent of the Legislature that school

27  readiness programs be operated on a full-day, year-round basis

28  to the maximum extent possible to enable parents to work and

29  become financially self-sufficient.

30         (c)  It is the intent of the Legislature that school

31  readiness programs not exist as isolated programs, but build

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 1  upon existing services and work in cooperation with other

 2  programs for young children, and that school readiness

 3  programs be coordinated and funding integrated to achieve full

 4  effectiveness.

 5         (d)  It is the intent of the Legislature that the

 6  administrative staff at the state level for school readiness

 7  programs be kept to the minimum necessary to administer carry

 8  out the duties of the Agency for Workforce Innovation Florida

 9  Partnership for School Readiness, as the school readiness

10  programs are to be regionally locally designed, operated, and

11  managed, with the Agency for Workforce Innovation Florida

12  Partnership for School Readiness adopting a system for

13  measuring school readiness; developing school readiness

14  program performance standards and, outcome measures

15  measurements, and data design and review; and approving and

16  reviewing early learning coalitions and local school readiness

17  coalitions and plans.

18         (e)  It is the intent of the Legislature that

19  appropriations for combined school readiness programs shall

20  not be less than the programs would receive in any fiscal year

21  on an uncombined basis.

22         (f)  It is the intent of the Legislature that the

23  school readiness program coordinate and operate in conjunction

24  with the district school systems. However, it is also the

25  intent of the Legislature that the school readiness program

26  not be construed as part of the system of free public schools

27  but rather as a separate program for children under the age of

28  kindergarten eligibility, funded separately from the system of

29  free public schools, utilizing a mandatory sliding fee scale,

30  and providing an integrated and seamless system of school

31  

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 1  readiness services for the state's birth-to-kindergarten

 2  population.

 3         (g)  It is the intent of the Legislature that the

 4  federal child care income tax credit be preserved for school

 5  readiness programs.

 6         (h)  It is the intent of the Legislature that school

 7  readiness services shall be an integrated and seamless system

 8  of services with a developmentally appropriate education

 9  component for the state's eligible birth-to-kindergarten

10  population described in subsection (6) and shall not be

11  construed as part of the seamless K-20 education system except

12  for the administration of the uniform screening system upon

13  entry into kindergarten.

14         (3)  PARENTAL PARTICIPATION IN SCHOOL READINESS

15  PROGRAMS PROGRAM.--

16         (a)  The school readiness program shall be phased in on

17  a coalition-by-coalition basis. Each coalition's school

18  readiness program shall have available to it funding from all

19  the coalition's early education and child care programs that

20  are funded with state, federal, lottery, or local funds,

21  including but not limited to Florida First Start programs,

22  Even-Start literacy programs, prekindergarten early

23  intervention programs, Head Start programs, programs offered

24  by public and private providers of child care, migrant

25  prekindergarten programs, Title I programs, subsidized child

26  care programs, and teen parent programs, together with any

27  additional funds appropriated or obtained for purposes of this

28  section.  These programs and their funding streams shall be

29  components of the coalition's integrated school readiness

30  program, with the goal of preparing children for success in

31  school.

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 1         (b)  Nothing contained in This section does not act is

 2  intended to:

 3         (a)1.  Relieve parents and guardians of their own

 4  obligations to prepare ready their children for school; or

 5         (b)2.  Create any obligation to provide publicly funded

 6  school readiness programs or services beyond those authorized

 7  by the Legislature.

 8         (4)  AGENCY FOR WORKFORCE INNOVATION FLORIDA

 9  PARTNERSHIP FOR SCHOOL READINESS.--

10         (a)  The Agency for Workforce Innovation shall Florida

11  Partnership for School Readiness was created to fulfill three

12  major purposes: to administer school readiness programs at the

13  state level and shall program services that help parents

14  prepare eligible children for school; to coordinate the early

15  learning coalitions in providing provision of school readiness

16  services on a full-day, full-year, full-choice basis to the

17  extent possible in order to enable parents to work and be

18  financially self-sufficient; and to establish a uniform

19  screening instrument to be implemented by the Department of

20  Education and administered by the school districts upon entry

21  into kindergarten to assess the readiness for school of all

22  children. Readiness for kindergarten is the outcome measure of

23  the success of each school readiness program that receives

24  state or federal funds. The partnership is assigned to the

25  Agency for Workforce Innovation for administrative purposes.

26         (b)  The Agency for Workforce Innovation Florida

27  Partnership for School Readiness shall:

28         1.  Coordinate the birth-to-kindergarten services for

29  children who are eligible under pursuant to subsection (6) and

30  the programmatic, administrative, and fiscal standards under

31  

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 1  pursuant to this section for all public providers of school

 2  readiness programs.

 3         2.  Continue to provide unified leadership for school

 4  readiness through early learning local school readiness

 5  coalitions.

 6         3.  Focus on improving the educational quality of all

 7  publicly funded school readiness programs.

 8         (c)1.  The Florida Partnership for School Readiness

 9  shall include the Lieutenant Governor, the Commissioner of

10  Education, the Secretary of Children and Family Services, and

11  the Secretary of Health, or their designees, and the chair of

12  the Child Care Executive Partnership Board, and the

13  chairperson of the Board of Directors of Workforce Florida,

14  Inc. When the Lieutenant Governor or an agency head appoints a

15  designee, the designee must be an individual who attends

16  consistently, and, in the event that the Lieutenant Governor

17  or agency head and his or her designee both attend a meeting,

18  only one of them may vote.

19         2.  The partnership shall also include 14 members of

20  the public who shall be business, community, and civic leaders

21  in the state who are not elected to public office. These

22  members and their families must not have a direct contract

23  with any local coalition to provide school readiness services.

24  The members must be geographically and demographically

25  representative of the state. Each member shall be appointed by

26  the Governor from a list of nominees submitted by the

27  President of the Senate and the Speaker of the House of

28  Representatives. By July 1, 2001, four members shall be

29  appointed as follows: two members shall be from the child care

30  industry, one representing the private for-profit sector

31  appointed by the Governor from a list of two nominees

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 1  submitted by the President of the Senate and one representing

 2  faith-based providers appointed by the Governor from a list of

 3  two nominees submitted by the Speaker of the House of

 4  Representatives; and two members shall be from the business

 5  community, one appointed by the Governor from a list of two

 6  nominees submitted by the President of the Senate and one

 7  appointed by the Governor from a list of two nominees

 8  submitted by the Speaker of the House of Representatives.

 9  Members shall be appointed to 4-year terms of office. The

10  members of the partnership shall elect a chairperson annually

11  from the nongovernmental members of the partnership. Any

12  vacancy on the partnership shall be filled in the same manner

13  as the original appointment.

14         (d)  The partnership shall meet at least quarterly but

15  may meet as often as it deems necessary to carry out its

16  duties and responsibilities. Members of the partnership shall

17  participate without proxy at the quarterly meetings. The

18  partnership may take official action by a majority vote of the

19  members present at any meeting at which a quorum is present.

20         (e)  Members of the partnership are subject to the

21  ethics provisions in part III of chapter 112, and no member

22  may derive any financial benefit from the funds administered

23  by the Florida Partnership for School Readiness.

24         (f)  Members of the partnership shall serve without

25  compensation but are entitled to reimbursement for per diem

26  and travel expenses incurred in the performance of their

27  duties as provided in s. 112.061, and reimbursement for other

28  reasonable, necessary, and actual expenses.

29         (g)  For the purposes of tort liability, the members of

30  the partnership and its employees shall be governed by s.

31  768.28.

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 1         (h)  The partnership shall appoint an executive

 2  director who shall serve at the pleasure of the Governor. The

 3  executive director shall perform the duties assigned to him or

 4  her by the partnership. The executive director shall be

 5  responsible for hiring, subject to the approval of the

 6  partnership, all employees and staff members, who shall serve

 7  under his or her direction and control.

 8         (c)(i)  For purposes of administration of the federal

 9  Child Care and Development Fund, 45 C.F.R. parts 98 and 99,

10  the Agency for Workforce Innovation partnership may be

11  designated by the Governor as the lead agency, and, if so

12  designated, shall comply with the lead agency responsibilities

13  under pursuant to federal law.

14         (d)(j)  The Agency for Workforce Innovation Florida

15  Partnership for School Readiness is the principal organization

16  responsible for the enhancement of school readiness for the

17  state's children, and shall:

18         1.  Be responsible for the prudent use of all public

19  and private funds in accordance with all legal and contractual

20  requirements.

21         2.  Provide final approval and periodic review of early

22  learning coalitions and school readiness plans.

23         3.  Provide leadership for the enhancement of school

24  readiness in this state by aggressively establishing a unified

25  approach to the state's efforts toward enhancement of school

26  readiness. In support of this effort, the Agency for Workforce

27  Innovation partnership may develop and implement specific

28  strategies that address the state's school readiness programs.

29         4.  Safeguard the effective use of federal, state,

30  local, and private resources to achieve the highest possible

31  

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 1  level of school readiness for the state's children in this

 2  state.

 3         5.  Provide technical assistance to early learning

 4  coalitions.

 5         6.  Assess gaps in service.

 6         7.  Provide technical assistance to counties that form

 7  a multicounty region served by an early learning coalition.

 8         8.a.  Adopt a system for measuring school readiness

 9  that provides objective data regarding the expectations for

10  school readiness, and establish a method for collecting the

11  data and guidelines for using the data. The measurement, the

12  data collection, and the use of the data must serve the

13  statewide school readiness goal. The criteria for determining

14  which data to collect should be the usefulness of the data to

15  state policymakers and local program administrators in

16  administering programs and allocating state funds, and must

17  include the tracking of school readiness system information

18  back to individual school readiness programs to assist in

19  determining program effectiveness.

20         b.  Adopt a system for evaluating the performance of

21  students through the third grade to compare the performance of

22  those who participated in school readiness programs with the

23  performance of students who did not participate in school

24  readiness programs in order to identify strategies for

25  continued successful student performance.

26         8.9.  Develop and adopt performance standards and

27  outcome measures for school readiness programs. The

28  performance standards must address the age-appropriate

29  progress of children in the development of the school

30  readiness skills required under paragraph (j). The performance

31  standards for children from birth to 3 years of age in school

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 1  readiness programs must be integrated with the performance

 2  standards adopted by the Department of Education for children

 3  in the Voluntary Prekindergarten Education Program under s.

 4  1002.67.

 5         (e)(k)  The Agency for Workforce Innovation partnership

 6  may adopt rules under ss. 120.536(1) and 120.54 necessary to

 7  administer the provisions of law conferring duties upon the

 8  agency, including, but not limited this section which relate

 9  to, rules governing the preparation preparing and

10  implementation of implementing the system for school readiness

11  system, the collection of collecting data, the approval of

12  early learning approving local school readiness coalitions and

13  school readiness plans, the provision of providing a method

14  whereby an early learning a coalition may can serve two or

15  more counties, the award of awarding incentives to early

16  learning coalitions, and the issuance of issuing waivers.

17         (f)(l)  The Agency for Workforce Innovation Florida

18  Partnership for School Readiness shall have all powers

19  necessary to administer carry out the purposes of this

20  section, including, but not limited to, the power to receive

21  and accept grants, loans, or advances of funds from any public

22  or private agency and to receive and accept from any source

23  contributions of money, property, labor, or any other thing of

24  value, to be held, used, and applied for the purposes of this

25  section.

26         (g)  Except as provided by law, the Agency for

27  Workforce Innovation may not impose requirements on a child

28  care or early childhood education provider that does not

29  deliver services under a school readiness program or receive

30  state or federal funds under this section.

31  

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 1         (h)(m)  The Agency for Workforce Innovation Florida

 2  Partnership for School Readiness shall have a budget for the

 3  school readiness system, which and shall be financed through

 4  an annual appropriation made for purposes of this section

 5  purpose in the General Appropriations Act.

 6         (i)(n)  The Agency for Workforce Innovation partnership

 7  shall coordinate the efforts toward school readiness in this

 8  state and provide independent policy analyses and

 9  recommendations to the Governor, the State Board of Education,

10  and the Legislature.

11         (j)(o)  The Agency for Workforce Innovation shall

12  require that each early learning coalition's The partnership

13  shall prepare and submit to the State Board of Education a

14  system for measuring school readiness program. The system

15  must, at a minimum, enhance the age-appropriate progress of

16  each child in the development of include a uniform screening,

17  which shall provide objective data regarding the following

18  expectations for school readiness skills which shall include,

19  at a minimum:

20         1.  The child's immunizations and other health

21  requirements as necessary, including appropriate vision and

22  hearing screening and examinations.

23         2.  The child's physical development.

24         1.3.  The child's Compliance with rules, limitations,

25  and routines.

26         2.4.  The child's Ability to perform tasks.

27         3.5.  The child's Interactions with adults.

28         4.6.  The child's Interactions with peers.

29         5.7.  The child's Ability to cope with challenges.

30         6.8.  The child's Self-help skills.

31  

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 1         7.9.  The child's Ability to express the child's his or

 2  her needs.

 3         8.10.  The child's Verbal communication skills.

 4         9.11.  The child's Problem-solving skills.

 5         10.12.  The child's Following of verbal directions.

 6         11.13.  The child's Demonstration of curiosity,

 7  persistence, and exploratory behavior.

 8         12.14.  The child's Interest in books and other printed

 9  materials.

10         13.15.  The child's Paying attention to stories.

11         14.16.  The child's Participation in art and music

12  activities.

13         15.17.  The child's Ability to identify colors,

14  geometric shapes, letters of the alphabet, numbers, and

15  spatial and temporal relationships.

16  

17  The Agency for Workforce Innovation shall also require that,

18  before a child is enrolled in an early learning coalition's

19  school readiness program, the coalition must ensure that

20  information is obtained by the coalition or the school

21  readiness provider regarding the child's immunizations,

22  physical development, and other health requirements as

23  necessary, including appropriate vision and hearing screening

24  and examinations.

25         (p)  The partnership shall prepare a plan for

26  implementing the system for measuring school readiness in such

27  a way that all children in this state will undergo the uniform

28  screening established by the partnership when they enter

29  kindergarten. Children who enter public school for the first

30  time in first grade must undergo a uniform screening approved

31  by the partnership for use in first grade. Because children

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 1  with disabilities may not be able to meet all of the

 2  identified expectations for school readiness, the plan for

 3  measuring school readiness shall incorporate mechanisms for

 4  recognizing the potential variations in expectations for

 5  school readiness when serving children with disabilities and

 6  shall provide for communities to serve children with

 7  disabilities.

 8         (k)(q)  The Agency for Workforce Innovation partnership

 9  shall conduct studies and planning activities related to the

10  overall improvement and effectiveness of the outcome school

11  readiness measures adopted by the agency for school readiness

12  programs.

13         (l)  The Agency for Workforce Innovation shall monitor

14  and evaluate the performance of each early learning coalition

15  in administering the school readiness program, implementing

16  the coalition's school readiness plan, and administering the

17  Voluntary Prekindergarten Education Program. These monitoring

18  and performance evaluations must include, at a minimum, onsite

19  monitoring of each coalition's finances, management,

20  operations, and programs.

21         (m)  The Agency for Workforce Innovation shall identify

22  best practices of early learning coalitions in order to

23  improve the outcomes of school readiness programs.

24         (r)  The partnership shall establish procedures for

25  performance-based budgeting in school readiness programs.

26         (n)(s)  The Agency for Workforce Innovation partnership

27  shall submit an annual report of its activities conducted

28  under this section to the Governor, the executive director of

29  the Florida Healthy Kids Corporation, the President of the

30  Senate, the Speaker of the House of Representatives, and the

31  minority leaders of both houses of the Legislature. In

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 1  addition, the Agency for Workforce Innovation's partnership's

 2  reports and recommendations shall be made available to the

 3  State Board of Education, the Florida Early Learning Advisory

 4  Council, other appropriate state agencies and entities,

 5  district school boards, central agencies for child care, and

 6  county health departments. The annual report must provide an

 7  analysis of school readiness activities across the state,

 8  including the number of children who were served in the

 9  programs and the number of children who were ready for school.

10         (o)(t)  The Agency for Workforce Innovation partnership

11  shall work with the early learning school readiness coalitions

12  to increase parents' training for and involvement in their

13  children's preschool education and to provide family literacy

14  activities and programs.

15  

16  To ensure that the system for measuring school readiness is

17  comprehensive and appropriate statewide, as the system is

18  developed and implemented, the partnership must consult with

19  representatives of district school systems, providers of

20  public and private child care, health care providers, large

21  and small employers, experts in education for children with

22  disabilities, and experts in child development.

23         (5)  CREATION OF EARLY LEARNING SCHOOL READINESS

24  COALITIONS.--

25         (a)  Early learning School readiness coalitions.--

26         1.  The Agency for Workforce Innovation shall establish

27  the minimum number of children to be served by each early

28  learning coalition through the coalition's school readiness

29  program. The Agency for Workforce Innovation may only approve

30  school readiness plans in accordance with this minimum number.

31  

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 1  The minimum number must be uniform for every early learning

 2  coalition and must:

 3         a.  Permit 30 or fewer coalitions to be established;

 4  and

 5         b.  Require each coalition to serve at least 2,000

 6  children based upon the average number of all children served

 7  per month through the coalition's school readiness program

 8  during the previous 12 months.

 9  

10  The Agency for Workforce Innovation shall adopt procedures for

11  merging early learning coalitions, including procedures for

12  the consolidation of merging coalitions, and for the early

13  termination of the terms of coalition members which are

14  necessary to accomplish the mergers. Each early learning

15  coalition must comply with the merger procedures and shall be

16  organized in accordance with this subparagraph by April 1,

17  2005. By June 30, 2005, each coalition must complete the

18  transfer of powers, duties, functions, rules, records,

19  personnel, property, and unexpended balances of

20  appropriations, allocations, and other funds to the successor

21  coalition, if applicable.

22         2.1.  If an early learning coalition a coalition's plan

23  would serve fewer less than 400 birth-to-kindergarten age

24  children than the minimum number established under

25  subparagraph 1., the coalition must merge either join with

26  another county to form a multicounty coalition. However, the

27  Agency for Workforce Innovation may authorize an early

28  learning coalition to serve fewer children than the minimum

29  number established under subparagraph 1., if:

30         a.  The coalition demonstrates to the Agency for

31  Workforce Innovation that merging with another county or

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 1  multicounty region contiguous to the coalition would cause an

 2  extreme hardship on the coalition;

 3         b.  The Agency for Workforce Innovation has determined

 4  during the most recent annual review of the coalition's school

 5  readiness plan, or through monitoring and performance

 6  evaluations conducted under paragraph (4)(l), that the

 7  coalition has substantially implemented its plan and

 8  substantially met the performance standards and outcome

 9  measures adopted by the agency; and

10         c.  The coalition demonstrates to the Agency for

11  Workforce Innovation the coalition's, enter an agreement with

12  a fiscal agent to serve more than one coalition, or

13  demonstrate to the partnership its ability to effectively and

14  efficiently implement the Voluntary Prekindergarten Education

15  Program its plan as a single-county coalition and meet all

16  required performance standards and outcome measures.

17  

18  If an early learning coalition fails or refuses to merge as

19  required by this subparagraph, the Agency for Workforce

20  Innovation may dissolve the coalition and temporarily contract

21  with a qualified entity to continue school readiness and

22  prekindergarten services in the coalition's county or

23  multicounty region until the coalition is reestablished

24  through resubmission of a school readiness plan and approval

25  by the agency.

26         3.  Each early learning coalition shall be composed of

27  at least 18 members but not more than 35 members. The Agency

28  for Workforce Innovation shall adopt standards establishing

29  within this range the minimum and maximum number of members

30  that may be appointed to an early learning coalition. These

31  standards must include variations for a coalition serving a

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 1  multicounty region. Each early learning coalition must comply

 2  with these standards.

 3         4.  The Governor shall appoint the chair and two other

 4  members of each early learning coalition, who must each meet

 5  the same qualifications as private-sector business members

 6  appointed by the coalition under subparagraph 6.

 7         5.2.  Each early learning coalition shall have at least

 8  18 but not more than 25 members and such members must include

 9  the following members:

10         a.  A Department of Children and Family Services

11  district administrator or his or her designee who is

12  authorized to make decisions on behalf of the department.

13         b.  A district superintendent of schools or his or her

14  designee who is authorized to make decisions on behalf of the

15  district, who shall be a nonvoting member.

16         c.  A regional workforce development board executive

17  chair or director or his or her designee, where applicable.

18         d.  A county health department director or his or her

19  designee.

20         e.  A children's services council or juvenile welfare

21  board chair or executive director, if applicable, who shall be

22  a nonvoting member if the council or board is the fiscal agent

23  of the coalition or if the council or board contracts with and

24  receives funds from the coalition.

25         f.  An agency head of a local child care licensing

26  agency as defined in s. 402.302, where applicable head.

27         g.  A president of a community college or his or her

28  designee.

29         g.  One member appointed by a Department of Children

30  and Family Services district administrator.

31  

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 1         h.  One member appointed by a board of county

 2  commissioners.

 3         i.  One member appointed by a district school board.

 4         i.j.  A central child care agency administrator, where

 5  applicable, who shall be a nonvoting member.

 6         j.k.  A Head Start director, who shall be a nonvoting

 7  member.

 8         k.l.  A representative of private child care providers,

 9  including family day care homes, who shall be a nonvoting

10  member.

11         l.m.  A representative of faith-based child care

12  providers, who shall be a nonvoting member.

13         m.  A representative of programs for children with

14  disabilities under the federal Individuals with Disabilities

15  Education Act, who shall be a nonvoting member.

16         6.  Including the members appointed by the Governor

17  under subparagraph 4., more than one-third of the coalition

18  members of each early learning coalition must be

19  private-sector business members who do not have, and none of

20  whose relatives as defined in s. 112.3143 has, a substantial

21  financial interest in the design or delivery of the Voluntary

22  Prekindergarten Education Program created under part V of

23  chapter 1002 or the coalition's school readiness program from

24  the private sector, and neither they nor their families may

25  earn an income from the early education and child care

26  industry. To meet this requirement an early learning a

27  coalition must appoint additional members from a list of

28  nominees submitted presented to the coalition by a chamber of

29  commerce or economic development council within the geographic

30  region served by area of the coalition. The Agency for

31  Workforce Innovation shall establish criteria for appointing

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 1  private-sector business members. These criteria must include

 2  standards for determining whether a member or relative has a

 3  substantial financial interest in the design or delivery of

 4  the Voluntary Prekindergarten Education Program or the

 5  coalition's school readiness program.

 6         7.  A majority of the voting membership of an early

 7  learning coalition constitutes a quorum required to conduct

 8  the business of the coalition.

 9         8.3.  A voting No member of an early learning a

10  coalition may not appoint a designee to act in his or her

11  place, except as otherwise provided in this paragraph. A

12  voting member may send a representative to coalition meetings,

13  but that representative does not will have no voting

14  privileges. When a district superintendent of schools or a

15  district administrator for the Department of Children and

16  Family Services appoints a designee to an early learning a

17  school readiness coalition, the designee is will be the voting

18  member of the coalition, and any individual attending in the

19  designee's his or her place, including the district

20  administrator or superintendent, does not will have no voting

21  privileges.

22         9.4.  Each member Members of an early learning the

23  coalition is are subject to ss. 112.313, 112.3135, and

24  112.3143 the ethics provisions in part III of chapter 112. For

25  purposes of s. 112.3143(3)(a), each voting member is a local

26  public officer who must abstain from voting when a voting

27  conflict exists.

28         10.5.  For the purposes of tort liability, each member

29  or employee of an early learning the members of the school

30  readiness coalition and its employees shall be governed by s.

31  768.28.

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 1         11.6.  An early learning coalition serving a

 2  multicounty region must coalitions shall include

 3  representation from each county.

 4         12.7.  Each early learning coalition shall establish

 5  The terms for of all appointed members of the coalition. The

 6  terms must be staggered and must be a uniform length that does

 7  not exceed 4 years per term. Appointed members may serve a

 8  maximum of two consecutive terms. When a vacancy occurs in an

 9  appointed position, the coalition must advertise the vacancy.

10         (b)  Program participation.--The school readiness

11  program shall be established for children from birth to the

12  beginning of the school year for which a child is eligible for

13  admission to 5 years of age or until the child enters

14  kindergarten in a public school under s. 1003.21(1)(a)2. The

15  program shall be administered by the early learning school

16  readiness coalition. Within funding limitations, the early

17  learning school readiness coalition, along with all providers,

18  shall make reasonable efforts to accommodate the needs of

19  children for extended-day and extended-year services without

20  compromising the quality of the program.

21         (c)  Program expectations.--

22         1.  The school readiness program must meet the

23  following expectations:

24         a.  The program must, at a minimum, enhance the

25  age-appropriate progress of each child in the development of

26  the school readiness skills required under paragraph (4)(j)

27  prepare preschool children to enter kindergarten ready to

28  learn, as measured by the performance standards and outcome

29  measures adopted criteria established by the Agency for

30  Workforce Innovation Florida Partnership for School Readiness.

31  

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 1         b.  The program must provide extended-day and

 2  extended-year services to the maximum extent possible to meet

 3  the needs of parents who work.

 4         c.  There must be coordinated staff development and

 5  teaching opportunities.

 6         d.  There must be expanded access to community services

 7  and resources for families to help achieve economic

 8  self-sufficiency.

 9         e.  There must be a single point of entry and unified

10  waiting list. As used in this sub-subparagraph, the term

11  "single point of entry" means an integrated information system

12  that allows a parent to enroll his or her child in the school

13  readiness program at various locations throughout the county

14  or multicounty region served by an early learning coalition,

15  that may allow a parent to enroll his or her child by

16  telephone or through an Internet website, and that uses a

17  unified waiting list to track eligible children waiting for

18  enrollment in the school readiness program. The Agency for

19  Workforce Innovation shall establish a single statewide

20  information system that integrates each early learning

21  coalition's single point of entry, and each coalition must use

22  the statewide system.

23         f.  The Agency for Workforce Innovation must consider

24  the access of eligible children to the school readiness

25  program, as demonstrated in part by waiting lists, before

26  approving a proposed increase in payment rates submitted by an

27  early learning coalition. In addition, early learning

28  coalitions shall use school readiness funds made available due

29  to enrollment shifts from school readiness programs to the

30  Voluntary Prekindergarten Education Program for increasing the

31  

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 1  number of children served in school readiness programs before

 2  increasing payment rates.

 3         f.  As long as funding or eligible populations do not

 4  decrease, the program must serve at least as many children as

 5  were served prior to implementation of the program.

 6         g.  There must be a community plan to address the needs

 7  of all eligible children.

 8         h.  The program must meet all state licensing

 9  guidelines, where applicable.

10         2.  The early learning school readiness coalition must

11  implement a comprehensive program of school readiness services

12  that enhance the cognitive, social, and physical development

13  of children to achieve the performance standards and outcome

14  measures adopted specified by the Agency for Workforce

15  Innovation partnership.  At a minimum, these programs must

16  contain the following elements:

17         a.  Developmentally appropriate curriculum designed to

18  enhance the age-appropriate progress of children in attaining

19  the performance standards adopted by the Agency for Workforce

20  Innovation under subparagraph (4)(d)8.

21         b.  A character development program to develop basic

22  values.

23         c.  An age-appropriate assessment of each child's

24  development.

25         d.  A pretest administered to children when they enter

26  a program and a posttest administered to children when they

27  leave the program.

28         e.  An appropriate staff-to-children staff-to-child

29  ratio.

30         f.  A healthy healthful and safe environment.

31  

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 1         g.  A resource and referral network to assist parents

 2  in making an informed choice.

 3         (d)  Implementation.--

 4         1.  An early learning coalition may not implement the

 5  school readiness program is to be phased in. until the

 6  coalition is authorized implements its plan, the county shall

 7  continue to receive the services identified in subsection (3)

 8  through the various agencies that would be responsible for

 9  delivering those services under current law. Plan

10  implementation is subject to approval of the coalition's

11  school readiness coalition and the plan by the Agency for

12  Workforce Innovation Florida Partnership for School Readiness.

13         2.  Each early learning school readiness coalition

14  shall develop a plan for implementing the school readiness

15  program to meet the requirements of this section and the

16  performance standards and outcome measures adopted established

17  by the Agency for Workforce Innovation partnership. The plan

18  must include a written description of the role of the program

19  in the coalition's effort to meet the first state education

20  goal, readiness to start school, including a description of

21  the plan to involve the prekindergarten early intervention

22  programs, Head Start Programs, programs offered by public or

23  private providers of child care, preschool programs for

24  children with disabilities, programs for migrant children,

25  Title I programs, subsidized child care programs, and teen

26  parent programs. The plan must also demonstrate how the

27  program will ensure that each 3-year-old and 4-year-old child

28  in a publicly funded school readiness program receives

29  scheduled activities and instruction designed to enhance the

30  age-appropriate progress of the prepare children in attaining

31  the performance standards adopted by the Agency for Workforce

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 1  Innovation under subparagraph (4)(d)8. to enter kindergarten

 2  ready to learn. Before implementing Prior to implementation of

 3  the school readiness program, the early learning school

 4  readiness coalition must submit the plan to the Agency for

 5  Workforce Innovation partnership for approval. The Agency for

 6  Workforce Innovation partnership may approve the plan, reject

 7  the plan, or approve the plan with conditions.  The Agency for

 8  Workforce Innovation Florida Partnership for School Readiness

 9  shall review school readiness coalition plans at least

10  annually.

11         3.  If the Agency for Workforce Innovation determines

12  during the annual review of school readiness plans, or through

13  monitoring and performance evaluations conducted under

14  paragraph (4)(l), that an early learning coalition has not

15  substantially implemented its plan, has not substantially met

16  the performance standards and outcome measures adopted by the

17  agency, or has not effectively administered the school

18  readiness program or Voluntary Prekindergarten Education

19  Program, the Agency for Workforce Innovation may dissolve the

20  coalition and temporarily contract with a qualified entity to

21  continue school readiness and prekindergarten services in the

22  coalition's county or multicounty region until the coalition

23  is reestablished through resubmission of a school readiness

24  plan and approval by the agency.

25         4.3.  The Agency for Workforce Innovation shall adopt

26  criteria for the approval of school readiness plans. The

27  criteria must be consistent with the performance standards and

28  outcome measures adopted by the agency and must require each

29  approved plan to for the school readiness program must include

30  the following minimum standards and provisions:

31  

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 1         a.  A sliding fee scale establishing a copayment for

 2  parents based upon their ability to pay, which is the same for

 3  all program providers, to be implemented and reflected in each

 4  program's budget.

 5         b.  A choice of settings and locations in licensed,

 6  registered, religious-exempt, or school-based programs to be

 7  provided to parents.

 8         c.  Instructional staff who have completed the training

 9  course as required in s. 402.305(2)(d)1., as well as staff who

10  have additional training or credentials as required by the

11  Agency for Workforce Innovation partnership. The plan must

12  provide a method for assuring the qualifications of all

13  personnel in all program settings.

14         d.  Specific eligibility priorities for children within

15  the early learning coalition's county or multicounty region in

16  accordance with pursuant to subsection (6).

17         e.  Performance standards and outcome measures adopted

18  established by the Agency for Workforce Innovation partnership

19  or alternatively, standards and outcome measures to be used

20  until such time as the partnership adopts such standards and

21  outcome measures.

22         f.  Payment Reimbursement rates adopted that have been

23  developed by the early learning coalition and approved by the

24  Agency for Workforce Innovation. Payment Reimbursement rates

25  may shall not have the effect of limiting parental choice or

26  creating standards or levels of services that have not been

27  authorized by the Legislature.

28         g.  Systems support services, including a central

29  agency, child care resource and referral, eligibility

30  determinations, training of providers, and parent support and

31  involvement.

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 1         h.  Direct enhancement services to families and

 2  children. System support and direct enhancement services shall

 3  be in addition to payments for the placement of children in

 4  school readiness programs.

 5         i.  The A business organization of the early learning

 6  coalition plan, which must include the coalition's articles of

 7  incorporation and bylaws if the coalition is organized as a

 8  corporation. If the coalition is not organized as a

 9  corporation or other business entity, the plan must include

10  the contract with a fiscal school readiness agent if the

11  coalition is not a legally established corporate entity. An

12  early learning coalition Coalitions may contract with other

13  coalitions to achieve efficiency in multicounty

14  multiple-county services, and these such contracts may be part

15  of the coalition's school readiness business plan.

16         j.  Strategies to meet the needs of unique populations,

17  such as migrant workers.

18  

19  As part of the school readiness plan, the early learning

20  coalition may request the Governor to apply for a waiver to

21  allow the coalition to administer the Head Start Program to

22  accomplish the purposes of the school readiness program.  If a

23  any school readiness plan demonstrates can demonstrate that

24  specific statutory goals can be achieved more effectively by

25  using procedures that require modification of existing rules,

26  policies, or procedures, a request for a waiver to the Agency

27  for Workforce Innovation partnership may be submitted made as

28  part of the plan. Upon review, the Agency for Workforce

29  Innovation partnership may grant the proposed modification.

30  

31  

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 1         5.4.  Persons with an early childhood teaching

 2  certificate may provide support and supervision to other staff

 3  in the school readiness program.

 4         6.5.  An early learning The coalition may not implement

 5  its school readiness plan until it submits the plan to and

 6  receives approval from the Agency for Workforce Innovation

 7  partnership. Once the plan is has been approved, the plan and

 8  the services provided under the plan shall be controlled by

 9  the early learning coalition rather than by the state agencies

10  or departments. The plan shall be reviewed and revised as

11  necessary, but at least biennially. An early learning

12  coalition may not implement the revisions until the coalition

13  submits the revised plan to and receives approval from the

14  Agency for Workforce Innovation. If the Agency for Workforce

15  Innovation rejects a revised plan, the coalition must continue

16  to operate under its prior approved plan.

17         7.6.  Sections The following statutes will not apply to

18  local coalitions with approved plans: ss. 125.901(2)(a)3.,

19  411.221, and 411.232 do not apply to an early learning

20  coalition with an approved school readiness plan. To

21  facilitate innovative practices and to allow the regional

22  local establishment of school readiness programs, an early

23  learning a school readiness coalition may apply to the

24  Governor and Cabinet for a waiver of, and the Governor and

25  Cabinet may waive, any of the provisions of ss. 411.223,

26  411.232, and 1003.54, if the waiver is necessary for

27  implementation of the coalition's school readiness plan.

28         8.7.  Two or more counties may join for purposes the

29  purpose of planning and implementing a school readiness

30  program.

31  

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 1         9.8.  An early learning A coalition may, subject to

 2  approval by of the Agency for Workforce Innovation partnership

 3  as part of the coalition's school readiness plan, receive

 4  subsidized child care funds for all children eligible for any

 5  federal subsidized child care program and be the provider of

 6  the program services.

 7         10.9.  An early learning coalition may Coalitions are

 8  authorized to enter into multiparty contracts with multicounty

 9  service providers in order to meet the needs of unique

10  populations such as migrant workers.

11         (e)  Requests for proposals; payment schedule.--

12         1.  At least once every 3 years, beginning July 1,

13  2001, Each early learning coalition must comply with follow

14  the competitive procurement requirements of s. 287.057 for the

15  procurement of commodities or contractual services from the

16  funds described in paragraph (9)(d) school readiness programs.

17  The period of a contract for purchase of these commodities or

18  contractual services, together with any renewal of the

19  original contract, may not exceed 3 years.

20         2.  Each early learning coalition shall adopt develop a

21  payment schedule that encompasses all programs funded by the

22  that coalition under this section. The payment schedule must

23  take into consideration the relevant market rate, must include

24  the projected number of children to be served, and must be

25  submitted for approval by to the Agency for Workforce

26  Innovation partnership for information. Informal child care

27  arrangements shall be reimbursed at not more than 50 percent

28  of the rate developed for a family day care home childcare.

29         (f)  Requirements relating to fiscal agents.--If an

30  early learning the local coalition is not a legally organized

31  as a corporation or other business established corporate

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 1  entity, the coalition must designate a fiscal agent, which may

 2  be a public entity, or a private nonprofit organization, or a

 3  certified public accountant who holds a license under chapter

 4  473. The fiscal agent must shall be required to provide

 5  financial and administrative services under pursuant to a

 6  contract or agreement with the early learning school readiness

 7  coalition. The fiscal agent may not provide direct early

 8  childhood education or child care services; however, a fiscal

 9  agent may provide those such services upon written request of

10  the early learning coalition to the Agency for Workforce

11  Innovation partnership and upon the approval of the such

12  request by the agency partnership. The cost of the financial

13  and administrative services shall be negotiated between the

14  fiscal agent and the early learning school readiness

15  coalition. If the fiscal agent is a provider of early

16  childhood education and child care programs, the contract must

17  specify that the fiscal agent shall will act on policy

18  direction from the early learning coalition and must will not

19  receive policy direction from its own corporate board

20  regarding disbursal of the coalition's coalition funds. The

21  fiscal agent shall disburse funds in accordance with the early

22  learning coalition's approved coalition school readiness plan

23  and based on billing and disbursement procedures approved by

24  the Agency for Workforce Innovation partnership. The fiscal

25  agent must conform to all data-reporting requirements

26  established by the Agency for Workforce Innovation

27  partnership.

28         (g)  Evaluation and annual report.--Each early learning

29  school readiness coalition shall conduct an evaluation of the

30  effectiveness of the school readiness program, including

31  performance standards and outcome measures, and shall provide

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 1  an annual report and fiscal statement to the Agency for

 2  Workforce Innovation Florida Partnership for School Readiness.

 3  This report must conform to the content and format

 4  specifications set by the Agency for Workforce Innovation

 5  Florida Partnership for School Readiness. The Agency for

 6  Workforce Innovation partnership must include an analysis of

 7  the early learning coalitions' coalition reports in the

 8  agency's its annual report.

 9         (6)  PROGRAM ELIGIBILITY.--Each early learning

10  coalition's The school readiness program shall be established

11  for children from birth to the beginning of the school year

12  for which a child is eligible for admission to under the age

13  of kindergarten in a public school under s. 1003.21(1)(a)2.

14  eligibility. Priority for participation in the school

15  readiness program shall be given to children age 3 years to

16  school entry who are served by the Family Safety Program

17  Office of the Department of Children and Family Services or a

18  community-based lead agency under pursuant to chapter 39 and

19  for whom child care is needed to minimize risk of further

20  abuse, neglect, or abandonment. Other eligible populations

21  include children who meet one or more of the following

22  criteria:

23         (a)  Children under the age of kindergarten eligibility

24  who are:

25         1.  Children determined to be at risk of abuse,

26  neglect, or exploitation who are currently clients of the

27  Family Safety Program Office of the Department of Children and

28  Family Services, but who are not otherwise given priority

29  under this subsection.

30         2.1.  Children at risk of welfare dependency, including

31  economically disadvantaged children, children of participants

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 1  in the welfare transition program, children of migrant

 2  farmworkers, and children of teen parents.

 3         3.2.  Children of working families whose family income

 4  does not exceed 150 percent of the federal poverty level.

 5         4.3.  Children for whom the state is paying a relative

 6  caregiver payment under s. 39.5085.

 7         (b)  Three-year-old children and 4-year-old children

 8  who may not be economically disadvantaged but who have

 9  disabilities, have been served in a specific part-time or

10  combination of part-time exceptional education programs with

11  required special services, aids, or equipment, and were

12  previously reported for funding part time with the Florida

13  Education Finance Program as exceptional students.

14         (c)  Economically disadvantaged children, children with

15  disabilities, and children at risk of future school failure,

16  from birth to 4 years of age, who are served at home through

17  home visitor programs and intensive parent education programs

18  such as the Florida First Start Program.

19         (d)  Children who meet federal and state eligibility

20  requirements for eligibility for the migrant preschool program

21  but who do not meet the criteria of economically

22  disadvantaged.

23  

24  As used in this subsection, the term An "economically

25  disadvantaged" child means a child whose family income does

26  not exceed is below 150 percent of the federal poverty level.

27  Notwithstanding any change in a family's economic status, but

28  subject to additional family contributions in accordance with

29  the sliding fee scale, a child who meets the eligibility

30  requirements upon initial registration for the program remains

31  shall be considered eligible until the beginning of the school

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 1  year for which the child is eligible for admission to reaches

 2  kindergarten in a public school under s. 1003.21(1)(a)2. age.

 3         (7)  PARENTAL CHOICE.--

 4         (a)  The school readiness program shall provide

 5  parental choice through pursuant to a purchase service order

 6  that ensures, to the maximum extent possible, flexibility in

 7  school readiness programs and payment arrangements. According

 8  to federal regulations requiring parental choice, a parent may

 9  choose an informal child care arrangement. The purchase order

10  must bear the name of the beneficiary and the program provider

11  and, when redeemed, must bear the signature of both the

12  beneficiary and an authorized representative of the provider.

13         (b)  If it is determined that a provider has provided

14  any cash to the beneficiary in return for receiving the

15  purchase order, the early learning coalition or its fiscal

16  agent shall refer the matter to the Division of Public

17  Assistance Fraud for investigation.

18         (c)  The office of the Chief Financial Officer shall

19  establish an electronic transfer system for the disbursement

20  of funds in accordance with this subsection. Each early

21  learning coalition School readiness coalitions shall fully

22  implement the electronic funds transfer system within 2 years

23  after plan approval of the coalition's school readiness plan,

24  unless a waiver is obtained from the Agency for Workforce

25  Innovation partnership.

26         (8)  STANDARDS; OUTCOME MEASURES.--All publicly funded

27  school readiness programs must shall be required to meet the

28  performance standards and outcome measures adopted developed

29  and approved by the Agency for Workforce Innovation

30  partnership. The Office of Program Policy Analysis and

31  Government Accountability shall provide consultation to the

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 1  partnership in the development of the measures and standards.

 2  These performance standards and outcome measures shall be

 3  applicable on a statewide basis.

 4         (9)  FUNDING; SCHOOL READINESS PROGRAM.--

 5         (a)  It is the intent of this section to establish an

 6  integrated and quality seamless service delivery system for

 7  all publicly funded early childhood education and child care

 8  programs operating in this state.

 9         (b)  Notwithstanding s. 20.50:

10         1.  The Agency for Workforce Innovation shall

11  administer school readiness funds, plans, and policies

12  pursuant to the contract with the Florida Partnership for

13  School Readiness and shall prepare and submit a unified budget

14  request for the school readiness system program in accordance

15  with chapter 216.

16         2.  All instructions to early learning local school

17  readiness coalitions for administering this section shall

18  emanate from the Agency for Workforce Innovation in accordance

19  with the pursuant to policies of the Legislature, plans of the

20  Florida Partnership for School Readiness, and the contract

21  between the Florida Partnership for School Readiness and the

22  agency.

23         (c)  The Agency for Workforce Innovation shall adopt

24  prepare a formula plan that provides for the allocation among

25  the early learning coalitions distribution and expenditure of

26  all state and federal school readiness funds for children

27  participating in public or private school readiness programs

28  based upon an equity and performance funding formula. The

29  allocation formula must plan shall be submitted to the

30  Governor and the Legislative Budget Commission. Upon approval,

31  the Legislative Budget Commission shall authorize the transfer

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 1  of funds to the Agency for Workforce Innovation to distribute

 2  funds for distribution in accordance with the allocation

 3  provisions of the formula. For fiscal year 2004-2005, the

 4  Agency for Workforce Innovation shall allocate funds to the

 5  early learning coalitions consistent with the fiscal year

 6  2003-2004 funding allocations to the school readiness

 7  coalitions.

 8         (d)  All state funds budgeted for a county for the

 9  programs specified in subsection (3), along with the pro rata

10  share of the state administrative costs of those programs in

11  the amount as determined by the partnership, all federal,

12  funds and required local maintenance-of-effort or matching

13  funds provided to an early learning coalition for a county for

14  programs specified in subsection (3), and any additional funds

15  appropriated or obtained for purposes of this section, shall

16  be used by transferred for the benefit of the coalition for

17  implementation of its school readiness plan, including the

18  hiring of staff to effectively operate the coalition's school

19  readiness program.  As part of plan approval and periodic plan

20  review, the Agency for Workforce Innovation partnership shall

21  require that administrative costs be kept to the minimum

22  necessary for efficient and effective administration of the

23  school readiness plan, but total administrative expenditures

24  must shall not exceed 5 percent unless specifically waived by

25  the Agency for Workforce Innovation partnership.  The Agency

26  for Workforce Innovation partnership shall annually report to

27  the Legislature any problems relating to administrative costs.

28         (e)  The Agency for Workforce Innovation partnership

29  shall annually distribute, to a maximum extent practicable,

30  all eligible funds provided under this section as block grants

31  to the early learning assist coalitions in integrating

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 1  services and funding to develop a quality service delivery

 2  system. Subject to appropriation, the partnership may also

 3  provide financial awards to coalitions demonstrating success

 4  in merging and integrating funding streams to serve children

 5  and school readiness programs.

 6         (f)  State funds appropriated for the school readiness

 7  program may not be used for the construction of new facilities

 8  or the purchase of buses. The Agency for Workforce Innovation

 9  partnership shall present to the Legislature recommendations

10  for providing necessary transportation services for school

11  readiness programs.

12         (g)  All cost savings and all revenues received through

13  a mandatory sliding fee scale shall be used to help fund each

14  early learning coalition's the local school readiness program.

15         (10)  SCHOOL READINESS UNIFORM SCREENING.--The

16  Department of Education shall implement a school readiness

17  uniform screening, including a pilot program during the

18  2001-2002 school year, to validate the system recommended by

19  the Florida Partnership for School Readiness as part of a

20  comprehensive evaluation design. Beginning with the 2002-2003

21  school year, the department shall require that all school

22  districts administer the school readiness uniform screening to

23  each kindergarten student in the district school system upon

24  the student's entry into kindergarten. Children who enter

25  public school for the first time in first grade must undergo a

26  uniform screening adopted for use in first grade. The

27  department shall incorporate school readiness data into the

28  K-20 data warehouse for longitudinal tracking. Notwithstanding

29  s. 1002.22, the department shall provide the partnership and

30  the Agency for Workforce Innovation with complete and full

31  access to kindergarten uniform screening data at the student,

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 1  school, district, and state levels in a format that will

 2  enable the partnership and the agency to prepare reports

 3  needed by state policymakers and local school readiness

 4  coalitions to access progress toward school readiness goals

 5  and provide input for continuous improvement of local school

 6  readiness services and programs.

 7         (11)  REPORTS.--The Office of Program Policy Analysis

 8  and Government Accountability shall assess the implementation,

 9  efficiency, and outcomes of the school readiness program and

10  report its findings to the President of the Senate and the

11  Speaker of the House of Representatives by January 1, 2002.

12  Subsequent reviews shall be conducted at the direction of the

13  Joint Legislative Auditing Committee.

14         (10)(12)  CONFLICTING PROVISIONS.--In the event of a

15  conflict between the provisions of this section and federal

16  requirements, the federal requirements shall control.

17         (11)(13)  PLACEMENTS.--Notwithstanding any other

18  provision of this section to the contrary, and for fiscal year

19  2004-2005 only, the first children to be placed in the school

20  readiness program shall be those from families receiving

21  temporary cash assistance and subject to federal work

22  requirements. Subsequent placements shall be made in

23  accordance with subsection (6) pursuant to the provisions of

24  this section. This subsection expires July 1, 2005.

25         Section 3.  Paragraph (p) of subsection (3) of section

26  11.45, Florida Statutes, is amended to read:

27         11.45  Definitions; duties; authorities; reports;

28  rules.--

29         (3)  AUTHORITY FOR AUDITS AND OTHER ENGAGEMENTS.--The

30  Auditor General may, pursuant to his or her own authority, or

31  at the direction of the Legislative Auditing Committee,

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 1  conduct audits or other engagements as determined appropriate

 2  by the Auditor General of:

 3         (p)  The school readiness system, including the early

 4  learning coalitions, Florida Partnership for School Readiness

 5  created under pursuant to s. 411.01.

 6         Section 4.  Subsection (2) of section 20.50, Florida

 7  Statutes, is amended to read:

 8         20.50  Agency for Workforce Innovation.--There is

 9  created the Agency for Workforce Innovation within the

10  Department of Management Services. The agency shall be a

11  separate budget entity, and the director of the agency shall

12  be the agency head for all purposes. The agency shall not be

13  subject to control, supervision, or direction by the

14  Department of Management Services in any manner, including,

15  but not limited to, personnel, purchasing, transactions

16  involving real or personal property, and budgetary matters.

17         (2)  The Agency for Workforce Innovation is shall be

18  the designated administrative agency designated for receipt of

19  federal workforce development grants and other federal funds.

20  The agency, and shall administer carry out the duties and

21  responsibilities assigned by the Governor under each federal

22  grant assigned to the agency. The agency shall be a separate

23  budget entity and shall expend each revenue source as provided

24  by federal and state law and as provided in plans developed by

25  and agreements with Workforce Florida, Inc. The agency shall

26  prepare and submit as a separate budget entity a unified

27  budget request for workforce development, in accordance with

28  chapter 216 for, and in conjunction with, Workforce Florida,

29  Inc., and its board. The head of the agency is the director of

30  Workforce Innovation, who shall be appointed by the Governor.

31  The accountability and reporting functions of the agency shall

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 1  be administered by the director or his or her designee.

 2  Included in These functions shall include are budget

 3  management, financial management, audit, performance

 4  management standards and controls, assessing outcomes of

 5  service delivery, and financial administration of workforce

 6  programs under pursuant to s. 445.004(5) and (9). Within the

 7  agency's overall organizational structure, The agency shall

 8  include the following offices within its organizational

 9  structure, which shall have the specified responsibilities:

10         (a)  The Office of Workforce Services shall administer

11  the unemployment compensation program, the Rapid Response

12  program, the Work Opportunity Tax Credit program, the Alien

13  Labor Certification program, and any other programs that are

14  delivered directly by agency staff rather than through the

15  one-stop delivery system. The office shall be directed by the

16  Deputy Director for Workforce Services, who shall be appointed

17  by and serve at the pleasure of the director.

18         (b)  The Office of Program Support and Accountability

19  shall administer state merit system program staff within the

20  workforce service delivery system, under the pursuant to

21  policies of Workforce Florida, Inc. The office is shall be

22  responsible for delivering services through the one-stop

23  delivery system and for ensuring that participants in welfare

24  transition programs receive case management services,

25  diversion assistance, support services, including subsidized

26  child care and transportation services, Medicaid services, and

27  transition assistance to enable them to succeed in the

28  workforce. The office is shall also be responsible for program

29  quality assurance, grants and contract management,

30  contracting, financial management, and reporting. The office

31  shall be directed by the Deputy Director for Program Support

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 1  and Accountability, who shall be appointed by and serve at the

 2  pleasure of the director. The office is shall be responsible

 3  for:

 4         1.  Establishing monitoring, quality assurance, and

 5  quality improvement systems that routinely assess the quality

 6  and effectiveness of contracted programs and services.

 7         2.  Annual review of each regional workforce board and

 8  administrative entity to ensure that adequate systems of

 9  reporting and control are in place; that, and monitoring,

10  quality assurance, and quality improvement activities are

11  conducted routinely;, and that corrective action is taken to

12  eliminate deficiencies.

13         (c)  The Office of Early Learning shall administer the

14  school readiness system in accordance with s. 411.01 and the

15  operational requirements of the Voluntary Prekindergarten

16  Education Program in accordance with part V of chapter 1002.

17  The office shall be directed by the Deputy Director for Early

18  Learning, who shall be appointed by and serve at the pleasure

19  of the director.

20         (d)(c)  The Office of Agency Support Services is shall

21  be responsible for procurement, human resource services, and

22  information services including delivering information on labor

23  markets, employment, occupations, and performance, and shall

24  implement and maintain information systems that are required

25  for the effective operation of the one-stop delivery system

26  and the school readiness services system, including, but not

27  limited to, those systems described in s. 445.009. The office

28  shall will be directed by under the direction of the Deputy

29  Director for Agency Support Services, who shall be appointed

30  by and serve at the pleasure of the director. The office is

31  shall be responsible for establishing:

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 1         1.  Information systems and controls that report

 2  reliable, timely and accurate fiscal and performance data for

 3  assessing outcomes, service delivery, and financial

 4  administration of workforce programs under pursuant to s.

 5  445.004(5) and (9).

 6         2.  Information systems that support service

 7  integration and case management by providing for case tracking

 8  for participants in welfare transition programs.

 9         3.  Information systems that support the school

10  readiness system services.

11         (e)(d)  The Unemployment Appeals Commission, authorized

12  by s. 443.012, is shall not be subject to the control,

13  supervision, or direction by the Agency for Workforce

14  Innovation in the performance of its powers and duties but

15  shall receive any and all support and assistance from the

16  agency that is may be required for the performance of its

17  duties.

18         Section 5.  Paragraph (b) of subsection (1) of section

19  125.901, Florida Statutes, is amended to read:

20         125.901  Children's services; independent special

21  district; council; powers, duties, and functions.--

22         (1)  Each county may by ordinance create an independent

23  special district, as defined in ss. 189.403(3) and

24  200.001(8)(e), to provide funding for children's services

25  throughout the county in accordance with this section. The

26  boundaries of such district shall be coterminous with the

27  boundaries of the county. The county governing body shall

28  obtain approval, by a majority vote of those electors voting

29  on the question, to annually levy ad valorem taxes which shall

30  not exceed the maximum millage rate authorized by this

31  section. Any district created pursuant to the provisions of

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 1  this subsection shall be required to levy and fix millage

 2  subject to the provisions of s. 200.065. Once such millage is

 3  approved by the electorate, the district shall not be required

 4  to seek approval of the electorate in future years to levy the

 5  previously approved millage.

 6         (b)  However, any county as defined in s. 125.011(1)

 7  may instead have a governing board consisting of 33 members,

 8  including: the superintendent of schools; two representatives

 9  of public postsecondary education institutions located in the

10  county; the county manager or the equivalent county officer;

11  the district administrator from the appropriate district of

12  the Department of Children and Family Services, or the

13  administrator's designee who is a member of the Senior

14  Management Service or the Selected Exempt Service; the

15  director of the county health department or the director's

16  designee; the state attorney for the county or the state

17  attorney's designee; the chief judge assigned to juvenile

18  cases, or another juvenile judge who is the chief judge's

19  designee and who shall sit as a voting member of the board,

20  except that the judge may not vote or participate in setting

21  ad valorem taxes under this section; an individual who is

22  selected by the board of the local United Way or its

23  equivalent; a member of a locally recognized faith-based

24  coalition, selected by that coalition; a member of the local

25  chamber of commerce, selected by that chamber or, if more than

26  one chamber exists within the county, a person selected by a

27  coalition of the local chambers; a member of the early

28  learning local school readiness coalition, selected by that

29  coalition; a representative of a labor organization or union

30  active in the county; a member of a local alliance or

31  coalition engaged in cross-system planning for health and

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 1  social service delivery in the county, selected by that

 2  alliance or coalition; a member of the local Parent-Teachers

 3  Association/Parent-Teacher-Student Association, selected by

 4  that association; a youth representative selected by the local

 5  school system's student government; a local school board

 6  member appointed by the chair of the school board; the mayor

 7  of the county or the mayor's designee; one member of the

 8  county governing body, appointed by the chair of that body; a

 9  member of the state Legislature who represents residents of

10  the county, selected by the chair of the local legislative

11  delegation; an elected official representing the residents of

12  a municipality in the county, selected by the county municipal

13  league; and 4 members-at-large, appointed to the council by

14  the majority of sitting council members. The remaining 7

15  members shall be appointed by the Governor in accordance with

16  procedures set forth in paragraph (a), except that the

17  Governor may remove a member for cause or upon the written

18  petition of the council. Appointments by the Governor must, to

19  the extent reasonably possible, represent the geographic and

20  demographic diversity of the population of the county. Members

21  who are appointed to the council by reason of their position

22  are not subject to the length of terms and limits on

23  consecutive terms as provided in this section. The remaining

24  appointed members of the governing board shall be appointed to

25  serve 2-year terms, except that those members appointed by the

26  Governor shall be appointed to serve 4-year terms, and the

27  youth representative and the legislative delegate shall be

28  appointed to serve 1-year terms. A member may be reappointed;

29  however, a member may not serve for more than three

30  consecutive terms. A member is eligible to be appointed again

31  after a 2-year hiatus from the council.

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 1         Section 6.  Subsection (1) of section 216.133, Florida

 2  Statutes, is amended to read:

 3         216.133  Definitions; ss. 216.133-216.137.--As used in

 4  ss. 216.133-216.137:

 5         (1)  "Consensus estimating conference" includes the

 6  Economic Estimating Conference, the Demographic Estimating

 7  Conference, the Revenue Estimating Conference, the Education

 8  Estimating Conference, the Criminal Justice Estimating

 9  Conference, the Juvenile Justice Estimating Conference, the

10  Child Welfare System Estimating Conference, the Occupational

11  Forecasting Conference, the Early Learning Programs School

12  Readiness Program Estimating Conference, the Self-Insurance

13  Estimating Conference, the Florida Retirement System Actuarial

14  Assumption Conference, and the Social Services Estimating

15  Conference.

16         Section 7.  Subsection (10) of section 216.136, Florida

17  Statutes, is amended to read:

18         216.136  Consensus estimating conferences; duties and

19  principals.--

20         (10)  EARLY LEARNING PROGRAMS SCHOOL READINESS PROGRAM

21  ESTIMATING CONFERENCE.--

22         (a)  Duties.--

23         1.  The Early Learning Programs School Readiness

24  Program Estimating Conference shall develop estimates and

25  forecasts of the unduplicated count of children eligible for

26  school readiness programs in accordance with the standards of

27  eligibility established in s. 411.01(6), and of children

28  eligible for the Voluntary Prekindergarten Education Program

29  in accordance with s. 1002.53(2), as the conference determines

30  are needed to support the state planning, budgeting, and

31  appropriations processes.

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 1         2.  The Agency for Workforce Innovation Florida

 2  Partnership for School Readiness shall provide information on

 3  needs and waiting lists for school readiness programs, and

 4  information on the needs for the Voluntary Prekindergarten

 5  Education Program, as program services requested by the Early

 6  Learning Programs School Readiness Program Estimating

 7  Conference or individual conference principals in a timely

 8  manner.

 9         (b)  Principals.--The Executive Office of the Governor,

10  the Director of Economic and Demographic Research, and

11  professional staff who have forecasting expertise from the

12  Florida Partnership for School Readiness, the Agency for

13  Workforce Innovation, the Department of Children and Family

14  Services, the Department of Education, the Senate, and the

15  House of Representatives, or their designees, are the

16  principals of the Early Learning Programs School Readiness

17  Program Estimating Conference. The principal representing the

18  Executive Office of the Governor shall preside over sessions

19  of the conference.

20         Section 8.  Section 402.3016, Florida Statutes, is

21  amended to read:

22         402.3016  Early Head Start collaboration grants.--

23         (1)  Contingent upon specific appropriations, the

24  Agency for Workforce Innovation Florida Partnership for School

25  Readiness shall establish a program to award collaboration

26  grants to assist local agencies in securing Early Head Start

27  programs through Early Head Start program federal grants. The

28  collaboration grants shall provide the required matching funds

29  for public and private nonprofit agencies that have been

30  approved for Early Head Start program federal grants.

31  

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 1         (2)  Public and private nonprofit agencies providing

 2  Early Head Start programs applying for collaborative grants

 3  must:

 4         (a)  Ensure quality performance by meeting the

 5  requirements in the Head Start program performance standards

 6  and other applicable rules and regulations;

 7         (b)  Ensure collaboration with other service providers

 8  at the local level; and

 9         (c)  Ensure that a comprehensive array of health,

10  nutritional, and other services are provided to the program's

11  pregnant women and very young children, and their families.

12         (3)  The Agency for Workforce Innovation partnership

13  shall report to the Legislature on an annual basis the number

14  of agencies receiving Early Head Start collaboration grants

15  and the number of children served.

16         (4)  The Agency for Workforce Innovation partnership

17  may adopt rules under ss. 120.536(1) and 120.54 as necessary

18  for the award of collaboration grants to competing agencies

19  and the administration of the collaboration grants program

20  under this section.

21         Section 9.  Section 411.011, Florida Statutes, is

22  amended to read:

23         411.011  Records of children in school readiness

24  programs.--The individual records of children enrolled in

25  school readiness programs provided under s. 411.01, when held

26  in the possession of the early learning school readiness

27  coalition or the Agency for Workforce Innovation Florida

28  Partnership for School Readiness, are confidential and exempt

29  from the provisions of s. 119.07 and s. 24(a), Art. I of the

30  State Constitution. For the purposes of this section, records

31  include assessment data, health data, records of teacher

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 1  observations, and identifying data, including the child's

 2  social security number. A parent, guardian, or individual

 3  acting as a parent in the absence of a parent or guardian has

 4  the right to inspect and review the individual school

 5  readiness program record of his or her child and to obtain a

 6  copy of the record. School readiness records may be released

 7  to the United States Secretary of Education, the United States

 8  Secretary of Health and Human Services, and the Comptroller

 9  General of the United States for the purpose of federal

10  audits; to individuals or organizations conducting studies for

11  institutions to develop, validate, or administer assessments

12  or improve instruction; to accrediting organizations in order

13  to carry out their accrediting functions; to appropriate

14  parties in connection with an emergency if the information is

15  necessary to protect the health or safety of the student or

16  other individuals; to the Auditor General in connection with

17  his or her official functions; to a court of competent

18  jurisdiction in compliance with an order of that court in

19  accordance with pursuant to a lawfully issued subpoena; and to

20  parties to an interagency agreement among early learning

21  school readiness coalitions, local governmental agencies,

22  providers of school readiness programs, state agencies, and

23  the Agency for Workforce Innovation Florida Partnership for

24  School Readiness for the purpose of implementing the school

25  readiness program. Agencies, organizations, or individuals

26  that receive school readiness records in order to carry out

27  their official functions must protect the data in a manner

28  that does will not permit the personal identification of

29  students and their parents by persons other than those

30  authorized to receive the records. This section is subject to

31  the Open Government Sunset Review Act of 1995 in accordance

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 1  with s. 119.15 and shall stand repealed on October 2, 2005,

 2  unless reviewed and saved from repeal through reenactment by

 3  the Legislature.

 4         Section 10.  Paragraph (e) of subsection (2) of section

 5  411.226, Florida Statutes, is amended to read:

 6         411.226  Learning Gateway.--

 7         (2)  LEARNING GATEWAY STEERING COMMITTEE.--

 8         (e)  To support and facilitate system improvements, the

 9  steering committee must consult with representatives from the

10  Department of Education, the Department of Health, the Agency

11  for Workforce Innovation Florida Partnership for School

12  Readiness, the Department of Children and Family Services, the

13  Agency for Health Care Administration, the Department of

14  Juvenile Justice, and the Department of Corrections and with

15  the director of the Learning Development and Evaluation Center

16  of Florida Agricultural and Mechanical University.

17         Section 11.  Paragraph (d) of subsection (1), paragraph

18  (a) of subsection (2), and paragraph (c) of subsection (3) of

19  section 411.227, Florida Statutes, are amended to read:

20         411.227  Components of the Learning Gateway.--The

21  Learning Gateway system consists of the following components:

22         (1)  COMMUNITY EDUCATION STRATEGIES AND FAMILY-ORIENTED

23  ACCESS.--

24         (d)  In collaboration with other local resources, the

25  demonstration projects shall develop public awareness

26  strategies to disseminate information about developmental

27  milestones, precursors of learning problems and other

28  developmental delays, and the service system that is

29  available. The information should target parents of children

30  from birth through age 9 and should be distributed to parents,

31  health care providers, and caregivers of children from birth

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 1  through age 9. A variety of media should be used as

 2  appropriate, such as print, television, radio, and a

 3  community-based Internet website, as well as opportunities

 4  such as those presented by parent visits to physicians for

 5  well-child checkups. The Learning Gateway Steering Committee

 6  shall provide technical assistance to the local demonstration

 7  projects in developing and distributing educational materials

 8  and information.

 9         1.  Public awareness strategies targeting parents of

10  children from birth through age 5 shall be designed to provide

11  information to public and private preschool programs, child

12  care childcare providers, pediatricians, parents, and local

13  businesses and organizations. These strategies should include

14  information on the school readiness performance standards for

15  kindergarten adopted by the Agency for Workforce Innovation

16  School Readiness Partnership Board.

17         2.  Public awareness strategies targeting parents of

18  children from ages 6 through 9 must be designed to disseminate

19  training materials and brochures to parents and public and

20  private school personnel, and must be coordinated with the

21  local school board and the appropriate school advisory

22  committees in the demonstration projects. The materials should

23  contain information on state and district proficiency levels

24  for grades K-3.

25         (2)  SCREENING AND DEVELOPMENTAL MONITORING.--

26         (a)  In coordination with the Agency for Workforce

27  Innovation Partnership for School Readiness, the Department of

28  Education, and the Florida Pediatric Society, and using

29  information learned from the local demonstration projects, the

30  Learning Gateway Steering Committee shall establish guidelines

31  for screening children from birth through age 9. The

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 1  guidelines should incorporate recent research on the

 2  indicators most likely to predict early learning problems,

 3  mild developmental delays, child-specific precursors of school

 4  failure, and other related developmental indicators in the

 5  domains of cognition; communication; attention; perception;

 6  behavior; and social, emotional, sensory, and motor

 7  functioning.

 8         (3)  EARLY EDUCATION, SERVICES AND SUPPORTS.--

 9         (c)  The steering committee, in cooperation with the

10  Department of Children and Family Services, the Department of

11  Education, and the Agency for Workforce Innovation Florida

12  Partnership for School Readiness, shall identify the elements

13  of an effective research-based curriculum for early care and

14  education programs.

15         Section 12.  Subsection (1) of section 1001.23, Florida

16  Statutes, is amended to read:

17         1001.23  Specific powers and duties of the Department

18  of Education.--In addition to all other duties assigned to it

19  by law or by rule of the State Board of Education, the

20  department shall:

21         (1)  Adopt the statewide kindergarten school readiness

22  uniform screening developed by the Florida Partnership for

23  School Readiness, in accordance with s. 1002.69 the criteria

24  itemized in chapter 1008.

25         Section 13.  Paragraph (d) of subsection (3) of section

26  1002.22, Florida Statutes, is amended to read:

27         1002.22  Student records and reports; rights of parents

28  and students; notification; penalty.--

29         (3)  RIGHTS OF PARENT OR STUDENT.--The parent of any

30  student who attends or has attended any public school, career

31  center, or public postsecondary educational institution shall

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 1  have the following rights with respect to any records or

 2  reports created, maintained, and used by any public

 3  educational institution in the state. However, whenever a

 4  student has attained 18 years of age, or is attending a

 5  postsecondary educational institution, the permission or

 6  consent required of, and the rights accorded to, the parents

 7  of the student shall thereafter be required of and accorded to

 8  the student only, unless the student is a dependent student of

 9  such parents as defined in 26 U.S.C. s. 152 (s. 152 of the

10  Internal Revenue Code of 1954). The State Board of Education

11  shall adopt rules whereby parents or students may exercise

12  these rights:

13         (d)  Right of privacy.--Every student has shall have a

14  right of privacy with respect to the educational records kept

15  on him or her. Personally identifiable records or reports of a

16  student, and any personal information contained therein, are

17  confidential and exempt from the provisions of s. 119.07(1). A

18  state or local educational agency, board, public school,

19  career center, or public postsecondary educational institution

20  may not permit the release of such records, reports, or

21  information without the written consent of the student's

22  parent, or of the student himself or herself if he or she is

23  qualified as provided in this subsection, to any individual,

24  agency, or organization. However, personally identifiable

25  records or reports of a student may be released to the

26  following persons or organizations without the consent of the

27  student or the student's parent:

28         1.  Officials of schools, school systems, career

29  centers, or public postsecondary educational institutions in

30  which the student seeks or intends to enroll; and a copy of

31  

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 1  such records or reports shall be furnished to the parent or

 2  student upon request.

 3         2.  Other school officials, including teachers within

 4  the educational institution or agency, who have legitimate

 5  educational interests in the information contained in the

 6  records.

 7         3.  The United States Secretary of Education, the

 8  Director of the National Institute of Education, the Assistant

 9  Secretary for Education, the Comptroller General of the United

10  States, or state or local educational authorities who are

11  authorized to receive such information subject to the

12  conditions set forth in applicable federal statutes and

13  regulations of the United States Department of Education, or

14  in applicable state statutes and rules of the State Board of

15  Education.

16         4.  Other school officials, in connection with a

17  student's application for or receipt of financial aid.

18         5.  Individuals or organizations conducting studies for

19  or on behalf of an institution or a board of education for the

20  purpose of developing, validating, or administering predictive

21  tests, administering student aid programs, or improving

22  instruction, if the such studies are conducted in such a

23  manner that does as will not permit the personal

24  identification of students and their parents by persons other

25  than representatives of such organizations and if the such

26  information will be destroyed when no longer needed for the

27  purpose of conducting such studies.

28         6.  Accrediting organizations, in order to carry out

29  their accrediting functions.

30  

31  

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 1         7.  Early learning School readiness coalitions and the

 2  Agency for Workforce Innovation Florida Partnership for School

 3  Readiness in order to carry out their assigned duties.

 4         8.  For use as evidence in student expulsion hearings

 5  conducted by a district school board under pursuant to the

 6  provisions of chapter 120.

 7         9.  Appropriate parties in connection with an

 8  emergency, if knowledge of the information in the student's

 9  educational records is necessary to protect the health or

10  safety of the student or other individuals.

11         10.  The Auditor General and the Office of Program

12  Policy Analysis and Government Accountability in connection

13  with their official functions; however, except when the

14  collection of personally identifiable information is

15  specifically authorized by law, any data collected by the

16  Auditor General and the Office of Program Policy Analysis and

17  Government Accountability is confidential and exempt from the

18  provisions of s. 119.07(1) and shall be protected in such a

19  way that does as will not permit the personal identification

20  of students and their parents by other than the Auditor

21  General, the Office of Program Policy Analysis and Government

22  Accountability, and their staff, and the such personally

23  identifiable data shall be destroyed when no longer needed for

24  the Auditor General's and the Office of Program Policy

25  Analysis and Government Accountability's official use.

26         11.a.  A court of competent jurisdiction in compliance

27  with an order of that court or the attorney of record in

28  accordance with pursuant to a lawfully issued subpoena, upon

29  the condition that the student and the student's parent are

30  notified of the order or subpoena in advance of compliance

31  therewith by the educational institution or agency.

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 1         b.  A person or entity in accordance with pursuant to a

 2  court of competent jurisdiction in compliance with an order of

 3  that court or the attorney of record pursuant to a lawfully

 4  issued subpoena, upon the condition that the student, or his

 5  or her parent if the student is either a minor and not

 6  attending a postsecondary educational institution or a

 7  dependent of such parent as defined in 26 U.S.C. s. 152 (s.

 8  152 of the Internal Revenue Code of 1954), is notified of the

 9  order or subpoena in advance of compliance therewith by the

10  educational institution or agency.

11         12.  Credit bureaus, in connection with an agreement

12  for financial aid that the student has executed, if the

13  provided that such information is may be disclosed only to the

14  extent necessary to enforce the terms or conditions of the

15  financial aid agreement. Credit bureaus shall not release any

16  information obtained under pursuant to this paragraph to any

17  person.

18         13.  Parties to an interagency agreement among the

19  Department of Juvenile Justice, school and law enforcement

20  authorities, and other signatory agencies for the purpose of

21  reducing juvenile crime and especially motor vehicle theft by

22  promoting cooperation and collaboration, and the sharing of

23  appropriate information in a joint effort to improve school

24  safety, to reduce truancy and in-school and out-of-school

25  suspensions, and to support alternatives to in-school and

26  out-of-school suspensions and expulsions that provide

27  structured and well-supervised educational programs

28  supplemented by a coordinated overlay of other appropriate

29  services designed to correct behaviors that lead to truancy,

30  suspensions, and expulsions, and that support students in

31  successfully completing their education. Information provided

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 1  in furtherance of the such interagency agreements is intended

 2  solely for use in determining the appropriate programs and

 3  services for each juvenile or the juvenile's family, or for

 4  coordinating the delivery of the such programs and services,

 5  and as such is inadmissible in any court proceedings before

 6  prior to a dispositional hearing unless written consent is

 7  provided by a parent or other responsible adult on behalf of

 8  the juvenile.

 9         14.  Consistent with the Family Educational Rights and

10  Privacy Act, the Department of Children and Family Services or

11  a community-based care lead agency acting on behalf of the

12  Department of Children and Family Services, as appropriate.

13  

14  This paragraph does not prohibit any educational institution

15  from publishing and releasing to the general public directory

16  information relating to a student if the institution elects to

17  do so.  However, no educational institution shall release, to

18  any individual, agency, or organization that is not listed in

19  subparagraphs 1.-14., directory information relating to the

20  student body in general or a portion thereof unless it is

21  normally published for the purpose of release to the public in

22  general.  Any educational institution making directory

23  information public shall give public notice of the categories

24  of information that it has designated as directory information

25  for with respect to all students attending the institution and

26  shall allow a reasonable period of time after the such notice

27  has been given for a parent or student to inform the

28  institution in writing that any or all of the information

29  designated should not be released.

30         Section 14.  Paragraph (c) of subsection (3) of section

31  1003.54, Florida Statutes, is amended to read:

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 1         1003.54  Teenage parent programs.--

 2         (3)

 3         (c)  Provision for necessary child care, health care,

 4  social services, parent education, and transportation shall be

 5  ancillary service components of teenage parent programs.

 6  Ancillary services may be provided through the coordination of

 7  existing programs and services and through joint agreements

 8  between district school boards and early learning local school

 9  readiness coalitions or other appropriate public and private

10  providers.

11         Section 15.  Subsection (5) is added to section

12  1007.23, Florida Statutes, to read:

13         1007.23  Statewide articulation agreement.--

14         (5)  The articulation agreement must guarantee the

15  articulation of 9 credit hours toward a postsecondary degree

16  in early childhood education for programs approved by the

17  State Board of Education which:

18         (a)  Award a child development associate credential

19  issued by the National Credentialing Program of the Council

20  for Professional Recognition or award a credential approved

21  under s. 1002.55(3)(c)1.b. or s. 402.305(3)(c) as being

22  equivalent to the child development associate credential; and

23         (b)  Include training in emergent literacy which meets

24  or exceeds the minimum standards for training courses for

25  prekindergarten instructors of the Voluntary Prekindergarten

26  Education Program in s. 1002.59.

27         Section 16.  (1)  The Florida Partnership for School

28  Readiness is abolished. All powers, duties, functions, rules,

29  records, personnel, property, and unexpended balances of

30  appropriations, allocations, and other funds of the Florida

31  Partnership for School Readiness are transferred by a type two

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 1  transfer, as defined in section 20.06(2), Florida Statutes, to

 2  the Agency for Workforce Innovation.

 3         (2)  This act does not abolish the school readiness

 4  coalitions but redesignates the coalitions as early learning

 5  coalitions and, effective April 1, 2005, requires a reduction

 6  in the number of coalitions. All powers, duties, functions,

 7  rules, records, personnel, property, and unexpended balances

 8  of appropriations, allocations, and other funds of each school

 9  readiness coalition are not transferred but shall be retained

10  by the early learning coalition upon its redesignation from a

11  school readiness coalition to an early learning coalition.

12         Section 17.  Sections 411.012 and 1008.21, Florida

13  Statutes, are repealed.

14         Section 18.  (1)  The sums of $1,090,399 from recurring

15  general revenue and $975,000 from nonrecurring general revenue

16  are appropriated in lump sum to, and 17 additional positions

17  are authorized for, the Department of Education for purposes

18  of administering the Voluntary Prekindergarten Education

19  Program during the 2004-2005 fiscal year.

20         (2)  The sums of $4,218,010 from recurring general

21  revenue and $5,275,000 from nonrecurring general revenue are

22  appropriated in lump sum to, and 20 additional positions are

23  authorized for, the Agency for Workforce Innovation for

24  purposes of administering the Voluntary Prekindergarten

25  Education Program during the 2004-2005 fiscal year. From these

26  nonrecurring funds, $100,000 is provided for the Agency for

27  Workforce Innovation to evaluate the potential of using

28  electronic technology to administer and maintain attendance

29  information and provider payment processes for the program.

30  The Agency for Workforce Innovation shall submit a report of

31  its recommendations to the Governor, the President of the

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 1  Senate, and the Speaker of the House of Representatives by

 2  September 1, 2006. The recommendations must include the

 3  recurring annual operating costs associated with the use of

 4  any electronic technology that is recommended in the report.

 5         (3)  The sums of $80,193 from recurring general revenue

 6  and $140,037 from nonrecurring general revenue are

 7  appropriated in lump sum to, and 5.5 additional positions are

 8  authorized for, the Department of Children and Family Services

 9  for purposes of administering the Voluntary Prekindergarten

10  Education Program during the 2004-2005 fiscal year.

11         Section 19.  Notwithstanding the provisions of section

12  216.177, Florida Statutes, which require a 14-day notice for

13  interim budget actions, and pursuant to section 216.351,

14  Florida Statutes, the Executive Office of the Governor shall

15  provide notice of the allocation of the lump-sum

16  appropriations authorized by this act into traditional

17  appropriation categories to the chair and vice chair of the

18  Legislative Budget Commission at least 3 working days before

19  the effective date of the allocation.

20         Section 20.  This act shall take effect upon becoming a

21  law.

22  

23  

24  

25  

26  

27  

28  

29  

30  

31  

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 1            *****************************************

 2                          SENATE SUMMARY

 3    Creates part V of ch. 1002, F.S., to implement the
      Voluntary Prekindergarten Education Program required by
 4    the State Constitution. Provides eligibility and
      application requirements. Provides for early learning
 5    coalitions and the Agency for Workforce Innovation to
      coordinate the prekindergarten services delivered by
 6    private prekindergarten providers. Specifies requirements
      for private prekindergarten providers. Requires the
 7    Department of Education to adopt minimum standards for
      prekindergarten instructors. Provides for a summer
 8    prekindergarten program. Provides requirements for the
      school-year prekindergarten program offered by school
 9    districts. Provides for funding the program through the
      General Appropriations Act and for calculating a student
10    allocation. Creates the Florida Early Learning Advisory
      Council within the Agency for Workforce Innovation. (See
11    bill for details.)

12  

13  

14  

15  

16  

17  

18  

19  

20  

21  

22  

23  

24  

25  

26  

27  

28  

29  

30  

31  

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