Senate Bill sb0002Ac1

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    Florida Senate - 2004                            CS for SB 2-A

    By the Committee on Education Appropriations; and Senator
    Carlton




    602-598-05

  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                            CS for 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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 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                            CS for 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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 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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 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                            CS for 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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 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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 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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 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 and, for each

27  prekindergarten class composed of 11 or more students, must

28  have, in addition to a prekindergarten instructor who meets

29  the requirements of paragraph (c), at least one adult

30  prekindergarten instructor who is not required to meet those

31  requirements but who must meet each requirement of paragraph

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 1  (d). This paragraph does not supersede any requirement imposed

 2  on a provider under ss. 402.301-402.319.

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

 4  the private prekindergarten provider must have a

 5  prekindergarten director who has a prekindergarten director

 6  credential that is approved by the department as meeting or

 7  exceeding the minimum standards adopted under s. 1002.57.

 8  Successful completion of a child care facility director

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

10  the prekindergarten director credential under s. 1002.57 or

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

12  requirement for a prekindergarten director credential under

13  this paragraph.

14         (g)  The private prekindergarten provider must register

15  with the early learning coalition on forms prescribed by the

16  Agency for Workforce Innovation.

17         (h)  The private prekindergarten provider must deliver

18  the Voluntary Prekindergarten Education Program in accordance

19  with this part.

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

21  minimum credentials and courses required under paragraph

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

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

24  education, prekindergarten or primary education, preschool

25  education, or family and consumer science;

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

27  education, if the prekindergarten instructor has been

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

29  grade, regardless of whether the instructor's educator

30  certificate is current, and if the instructor is not

31  

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

 2  educator certificate is suspended or revoked;

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

 4  development;

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

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

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

 8  teaching or providing child care services for children any age

 9  from birth through 8 years of age; or

10         (e)  An educational credential approved by the

11  department as being equivalent to or greater than an

12  educational credential described in this subsection. The

13  department may adopt criteria and procedures for approving

14  equivalent educational credentials under this paragraph.

15         1002.57  Prekindergarten director credential.--

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

17  minimum standards for a credential for prekindergarten

18  directors of private prekindergarten providers delivering the

19  Voluntary Prekindergarten Education Program. The credential

20  must encompass requirements for education and onsite

21  experience.

22         (2)  The educational requirements must include training

23  in the following:

24         (a)  Professionally accepted standards for

25  prekindergarten programs, early learning, and strategies and

26  techniques to address the age-appropriate progress of

27  prekindergarten students in attaining the performance

28  standards adopted by the department under s. 1002.67;

29         (b)  Strategies that allow students with disabilities

30  and other special needs to derive maximum benefit from the

31  Voluntary Prekindergarten Education Program; and

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 1         (c)  Program administration and operations, including

 2  management, organizational leadership, and financial and legal

 3  issues.

 4         (3)  The prekindergarten director credential must meet

 5  or exceed the requirements of the Department of Children and

 6  Family Services for the child care facility director

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

 8  of the prekindergarten director credential satisfies these

 9  requirements for the child care facility director credential.

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

11  practicable, award credit to a person who successfully

12  completes the child care facility director credential under s.

13  402.305(2)(f) for those requirements of the prekindergarten

14  director credential which are duplicative of requirements for

15  the child care facility director credential.

16         1002.59  Emergent literacy training courses.--By April

17  1, 2005, the department shall adopt minimum standards for one

18  or more training courses in emergent literacy for

19  prekindergarten instructors. Each course must comprise 5 clock

20  hours and provide instruction in strategies and techniques to

21  address the age-appropriate progress of prekindergarten

22  students in developing emergent literacy skills, including

23  oral communication, knowledge of print and letters, phonemic

24  and phonological awareness, and vocabulary and comprehension

25  development. Each course must also provide resources

26  containing strategies that allow students with disabilities

27  and other special needs to derive maximum benefit from the

28  Voluntary Prekindergarten Education Program. Successful

29  completion of an emergent literacy training course approved

30  under this section satisfies requirements for approved

31  

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 1  training in early literacy and language development under ss.

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

 3         1002.61  Summer prekindergarten program delivered by

 4  public schools and private prekindergarten providers.--

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

 6  Voluntary Prekindergarten Education Program at the district

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

 8  prekindergarten program delivered by a public school.

 9         (b)  Each early learning coalition shall administer the

10  Voluntary Prekindergarten Education Program at the county or

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

12  a summer prekindergarten program delivered by a private

13  prekindergarten provider.

14         (2)  Each summer prekindergarten program delivered by a

15  public school or private prekindergarten provider must:

16         (a)  Comprise at least 300 instructional hours;

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

18  and

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

20  the summer immediately before the school year for which the

21  child is eligible for admission to kindergarten in a public

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

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

24  which public schools in the school district are eligible to

25  deliver the summer prekindergarten program. The school

26  district shall use educational facilities available in the

27  public schools during the summer term for the summer

28  prekindergarten program.

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

30  to deliver the summer prekindergarten program, a private

31  

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 1  prekindergarten provider must meet each requirement in s.

 2  1002.55.

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

 4  1002.63(5), each public school and private prekindergarten

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

 6  one prekindergarten instructor who:

 7         (a)  Is a certified teacher; or

 8         (b)  Holds one of the educational credentials specified

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

10  

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

12  a teacher holding a valid Florida educator certificate under

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

14  school board to instruct students in the summer

15  prekindergarten program. In selecting instructional staff for

16  the summer prekindergarten program, each school district shall

17  give priority to teachers who have experience or coursework in

18  early childhood education.

19         (5)  Each prekindergarten instructor employed by a

20  public school or private prekindergarten provider delivering

21  the summer prekindergarten program must be of good moral

22  character, must be screened using the level 2 screening

23  standards in s. 435.04 before employment and rescreened at

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

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

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

27  educator certificate is suspended or revoked. This subsection

28  does not supersede employment requirements for instructional

29  personnel in public schools which are more stringent than the

30  requirements of this subsection.

31  

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

 2  each prekindergarten class in the summer prekindergarten

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

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

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

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

 7  public school or private prekindergarten provider must also

 8  provide appropriate adult supervision for students at all

 9  times. This subsection does not supersede any requirement

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

11         (7)  Each public school delivering the summer

12  prekindergarten program must also:

13         (a)  Register with the early learning coalition on

14  forms prescribed by the Agency for Workforce Innovation; and

15         (b)  Deliver the Voluntary Prekindergarten Education

16  Program in accordance with this part.

17         1002.63  School-year prekindergarten program delivered

18  by public schools.--

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

20  may administer the Voluntary Prekindergarten Education Program

21  at the district level for students enrolled under s.

22  1002.53(3)(c) in a school-year prekindergarten program

23  delivered by a public school.

24         (2)  Each school-year prekindergarten program delivered

25  by a public school must comprise at least 540 instructional

26  hours.

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

28  eligible under subsection (4) shall determine which public

29  schools in the district are eligible to deliver the

30  prekindergarten program during the school year.

31  

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 1         (4)  To be eligible to deliver the prekindergarten

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

 3  both of the following requirements:

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

 5  State Board of Education that the school district:

 6         1.  Has reduced the average class size in each

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

 8  1(a), Art. IX of the State Constitution; and

 9         2.  Has sufficient satisfactory educational facilities

10  and capital outlay funds to continue reducing the average

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

12  schools for each year in accordance with the schedule for

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

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

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

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

17  State Board of Education that the department has reviewed the

18  school district's educational facilities, capital outlay

19  funds, and projected student enrollment and concurs with the

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

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

22  prekindergarten class, at least one prekindergarten instructor

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

24  prekindergarten instructor of a private prekindergarten

25  provider.

26         (6)  Each prekindergarten instructor employed by a

27  public school delivering the school-year prekindergarten

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

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

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

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

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

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

 3  subsection does not supersede employment requirements for

 4  instructional personnel in public schools which are more

 5  stringent than the requirements of this subsection.

 6         (7)  Each prekindergarten class in a public school

 7  delivering the school-year prekindergarten program must be

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

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

10  students, each school must also provide appropriate adult

11  supervision for students at all times and, for each

12  prekindergarten class composed of 11 or more students, must

13  have, in addition to a prekindergarten instructor who meets

14  the requirements of s. 1002.55(3)(c), at least one adult

15  prekindergarten instructor who is not required to meet those

16  requirements but who must meet each requirement of subsection

17  (6).

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

19  prekindergarten program must:

20         (a)  Register with the early learning coalition on

21  forms prescribed by the Agency for Workforce Innovation; and

22         (b)  Deliver the Voluntary Prekindergarten Education

23  Program in accordance with this part.

24         1002.65  Professional credentials of prekindergarten

25  instructors; aspirational goals; legislative intent.--

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

27  relationship between the skills and preparation of

28  prekindergarten instructors and the educational outcomes of

29  students in the Voluntary Prekindergarten Education Program.

30         (2)  To improve these educational outcomes, the

31  Legislature intends that all prekindergarten instructors will

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 1  continue to improve their skills and preparation through

 2  education and training, so that the following aspirational

 3  goals will be achieved:

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

 5         1.  Each prekindergarten class will have at least one

 6  prekindergarten instructor who holds an associate's or higher

 7  degree in the field of early childhood education or child

 8  development; and

 9         2.  For each prekindergarten class composed of 11 or

10  more students, in addition to a prekindergarten instructor who

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

12  at least one prekindergarten instructor who meets the

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

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

15  class will have at least one prekindergarten instructor who

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

17  childhood education or child development.

18         1002.67  Performance standards; curricula and

19  accountability.--

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

21  adopt performance standards for students in the Voluntary

22  Prekindergarten Education Program. The performance standards

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

24  development of:

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

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

27         (b)  Emergent literacy skills, including oral

28  communication, knowledge of print and letters, phonemic and

29  phonological awareness, and vocabulary and comprehension

30  development.

31  

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

 2  public school may select or design the curriculum that the

 3  provider or school uses to implement the Voluntary

 4  Prekindergarten Education Program, except as otherwise

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

 6  under paragraph (3)(c).

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

 8  school's curriculum must be developmentally appropriate and

 9  must:

10         1.  Be designed to prepare a student for early

11  literacy;

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

13  attaining the performance standards adopted by the department

14  under subsection (1); and

15         3.  Prepare students to be ready for kindergarten based

16  upon the statewide kindergarten screening administered under

17  s. 1002.69.

18         (c)  The department shall review and approve curricula

19  for use by private prekindergarten providers and public

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

21  The department shall maintain a list of the curricula approved

22  under this paragraph. Each approved curriculum must meet the

23  requirements of paragraph (b).

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

25  each private prekindergarten provider delivering the Voluntary

26  Prekindergarten Education Program within the coalition's

27  county or multicounty region complies with this part. Each

28  district school board shall verify that each public school

29  delivering the program within the school district complies

30  with this part.

31  

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 1         (b)  If a private prekindergarten provider or public

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

 3  provider or school engages in misconduct, the Agency for

 4  Workforce Innovation shall require the early learning

 5  coalition to remove the provider, and the Department of

 6  Education shall require the school district to remove the

 7  school, from eligibility to deliver the Voluntary

 8  Prekindergarten Education Program and receive state funds

 9  under this part.

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

11  prekindergarten provider or public school falls below the

12  minimum rate adopted by the State Board of Education as

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

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

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

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

17  the plan.

18         2.  If a private prekindergarten provider or public

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

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

21  consecutive years, the early learning coalition or school

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

23  probation and must require the provider or school to take

24  certain corrective actions, including the use of a curriculum

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

26         3.  A private prekindergarten provider or public school

27  that is placed on probation must continue the corrective

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

29  curriculum approved by the department, until the provider or

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

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

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 1         4.  If a private prekindergarten provider or public

 2  school remains on probation for 2 consecutive years and fails

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

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

 5  Workforce Innovation shall require the early learning

 6  coalition or the Department of Education shall require the

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

 8  school from eligibility to deliver the Voluntary

 9  Prekindergarten Education Program and receive state funds for

10  the program.

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

12  Workforce Innovation, and the department shall coordinate with

13  the Child Care Services Program Office of the Department of

14  Children and Family Services to minimize interagency

15  duplication of activities for monitoring private

16  prekindergarten providers for compliance with requirements of

17  the Voluntary Prekindergarten Education Program under this

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

19  licensing of providers under ss. 402.301-402.319.

20         1002.69  Statewide kindergarten screening; kindergarten

21  readiness rates.--

22         (1)  The department shall adopt a statewide

23  kindergarten screening that assesses the readiness of each

24  student for kindergarten based upon the performance standards

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

26  Voluntary Prekindergarten Education Program. The department

27  shall require that each school district administer the

28  statewide kindergarten screening to each kindergarten student

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

30  school year.

31  

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 1         (2)  The statewide kindergarten screening shall provide

 2  objective data concerning each student's readiness for

 3  kindergarten and progress in attaining the performance

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

 5         (3)  The statewide kindergarten screening shall

 6  incorporate mechanisms for recognizing potential variations in

 7  kindergarten readiness rates for students with disabilities.

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

 9  Voluntary Prekindergarten Education Program must submit the

10  child for the statewide kindergarten screening, regardless of

11  whether the child is admitted to kindergarten in a public

12  school or nonpublic school. Each school district shall

13  designate sites to administer the statewide kindergarten

14  screening for children admitted to kindergarten in a nonpublic

15  school.

16         (5)  The State Board of Education shall adopt

17  procedures for the department to annually calculate each

18  private prekindergarten provider's and public school's

19  kindergarten readiness rate, which must be expressed as the

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

21  assessed as ready for kindergarten. The kindergarten readiness

22  rates must be based exclusively upon the results of the

23  statewide kindergarten screening for students completing the

24  Voluntary Prekindergarten Education Program, beginning with

25  students completing the program during the 2005-2006 school

26  year who are administered the statewide kindergarten screening

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

28  students who are not administered the statewide kindergarten

29  screening.

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

31  adopt a minimum kindergarten readiness rate that, if achieved

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 1  by a private prekindergarten provider or public school, would

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

 3  of the Voluntary Prekindergarten Education Program.

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

 5  more than 15 percent of the kindergarten readiness rates of

 6  all private prekindergarten providers and public schools

 7  delivering the Voluntary Prekindergarten Education Program in

 8  the state would fall below the minimum rate.

 9         1002.71  Funding; financial and attendance reporting.--

10         (1)  Funds appropriated for the Voluntary

11  Prekindergarten Education Program may be used only for the

12  program in accordance with this part. If the student

13  enrollment in the program for a fiscal year exceeds the

14  estimated enrollment upon which the appropriation for that

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

16  appropriated to the program for the subsequent fiscal year

17  must be used first to fund the shortfall.

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

19  Prekindergarten Education Program shall be calculated as

20  follows:

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

22  program delivered by a private prekindergarten provider: 540

23  instructional hours.

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

25  delivered by a public school or private prekindergarten

26  provider: 300 instructional hours.

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

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

29  

30  

31  

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

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

 3  equivalent student.

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

 5  equivalent student in the Voluntary Prekindergarten Education

 6  Program shall be provided in the General Appropriations Act

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

 8  student is enrolled in a school-year prekindergarten program

 9  delivered by a private prekindergarten provider, a summer

10  prekindergarten program delivered by a public school or

11  private prekindergarten provider, or a school-year

12  prekindergarten program delivered by a public school.

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

14  student in the Voluntary Prekindergarten Education Program

15  shall be calculated annually by multiplying the base student

16  allocation provided in the General Appropriations Act by the

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

18  Each private prekindergarten provider and public school shall

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

20  full-time equivalent student.

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

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

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

24  10 percent of the hours authorized to be reported for funding

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

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

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

28  program for which the child is reenrolled.

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

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

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

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

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

 3  equivalent student in the program for which the child is

 4  reenrolled.

 5  

 6  A child may reenroll only once in a prekindergarten program

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

 8  program under this subsection may not subsequently withdraw

 9  from the program and reenroll. The Agency for Workforce

10  Innovation shall establish criteria specifying whether a good

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

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

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

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

15  paragraph (b).

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

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

18  a current database of the students enrolled in the Voluntary

19  Prekindergarten Education Program for each county within the

20  coalition's region.

21         (b)  The Agency for Workforce Innovation shall adopt

22  procedures for the payment of private prekindergarten

23  providers and public schools delivering the Voluntary

24  Prekindergarten Education Program. The procedures shall

25  provide for the advance payment of providers and schools based

26  upon student enrollment in the program, the certification of

27  student attendance, and the reconciliation of advance payments

28  in accordance with the uniform attendance policy adopted under

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

30  distribution of funds by the Agency for Workforce Innovation

31  to the early learning coalitions for payment by the coalitions

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 1  to private prekindergarten providers and public schools. The

 2  department shall transfer to the Agency for Workforce

 3  Innovation at least once each quarter the funds available for

 4  payment to private prekindergarten providers and public

 5  schools in accordance with this paragraph from the funds

 6  appropriated for that purpose.

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

 8  Voluntary Prekindergarten Education Program must agree to

 9  comply with the attendance policy of the private

10  prekindergarten provider or district school board, as

11  applicable. Upon enrollment of the child, the private

12  prekindergarten provider or public school, as applicable, must

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

14  school district's attendance policy, as applicable.

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

16  district school board's attendance policy must require the

17  parent of each student in the Voluntary Prekindergarten

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

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

20         2.  The parent must submit the verification of the

21  student's attendance to the private prekindergarten provider

22  or public school on forms prescribed by the Agency for

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

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

25  in substantially the following form, that the parent continues

26  to choose the private prekindergarten provider or public

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

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

29  

30               VERIFICATION OF STUDENT'S ATTENDANCE

31               AND CERTIFICATION OF PARENTAL CHOICE

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 1  

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

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

 4  Prekindergarten Education Program on the days listed above and

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

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

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

 8  child.

 9                              . . . (Signature of Parent) . . . 

10                                            . . . (Date) . . .  

11  

12         3.  The private prekindergarten provider or public

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

14  years. Each private prekindergarten provider must permit the

15  early learning coalition, and each public school must permit

16  the school district, to inspect the original signed forms

17  during normal business hours. The Agency for Workforce

18  Innovation shall adopt procedures for early learning

19  coalitions and school districts to review the original signed

20  forms against the certified student attendance. The review

21  procedures shall provide for the use of selective inspection

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

23  Each early learning coalition and school district must comply

24  with the review procedures.

25         (c)  A private prekindergarten provider or school

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

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

28  student dismissed under this paragraph is not removed from the

29  Voluntary Prekindergarten Education Program and may continue

30  in the program through reenrollment with another private

31  prekindergarten provider or public school. Notwithstanding s.

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 1  1002.53(6)(b), a school district is not required to provide

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

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

 4  for funding purposes, a uniform attendance policy for the

 5  Voluntary Prekindergarten Education Program. The attendance

 6  policy must apply statewide and apply equally to all private

 7  prekindergarten providers and public schools. The attendance

 8  policy must establish a minimum requirement for student

 9  attendance and include the following provisions:

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

11  reported as a full-time equivalent student for funding

12  purposes.

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

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

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

16  attendance.

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

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

19  student is absent for good cause in accordance with exceptions

20  specified in the uniform attendance policy.

21  

22  The uniform attendance policy shall be used only for funding

23  purposes and does not prohibit a private prekindergarten

24  provider or public school from adopting and enforcing its

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

26         (7)  The Agency for Workforce Innovation shall require

27  that administrative expenditures be kept to the minimum

28  necessary for efficient and effective administration of the

29  Voluntary Prekindergarten Education Program. Each early

30  learning coalition may retain and expend no more than 5

31  percent of the funds paid by the coalition to private

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 1  prekindergarten providers and public schools under paragraph

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

 3  this subsection may be used only for administering the

 4  Voluntary Prekindergarten Education Program and may not be

 5  used for the school readiness program or other programs.

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

 7  private prekindergarten provider or public school may not:

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

 9  provided for a child enrolled in the Voluntary Prekindergarten

10  Education Program during a period reported for funding

11  purposes; or

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

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

14  condition of admitting a child for enrollment in the Voluntary

15  Prekindergarten Education Program.

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

17  his or her child to and from the Voluntary Prekindergarten

18  Education Program, regardless of whether the program is

19  delivered by a private prekindergarten provider or a public

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

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

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

23  Voluntary Prekindergarten Education Program may not be

24  reported under s. 1011.68 for student transportation funds.

25         1002.73  Department of Education; powers and duties;

26  accountability requirements.--

27         (1)  The department shall administer the accountability

28  requirements of the Voluntary Prekindergarten Education

29  Program at the state level.

30         (2)  The department shall adopt procedures for the

31  department's:

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 1         (a)  Approval of prekindergarten director credentials

 2  under ss. 1002.55 and 1002.57.

 3         (b)  Approval of emergent literacy training courses

 4  under ss. 1002.55 and 1002.59.

 5         (c)  Certification of school districts that are

 6  eligible to deliver the school-year prekindergarten program

 7  under s. 1002.63.

 8         (d)  Administration of the statewide kindergarten

 9  screening and calculation of kindergarten readiness rates

10  under s. 1002.69.

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

12  impose requirements on a private prekindergarten provider that

13  does not deliver the Voluntary Prekindergarten Education

14  Program or receive state funds under this part.

15         1002.75  Agency for Workforce Innovation; powers and

16  duties; operational requirements.--

17         (1)  The Agency for Workforce Innovation shall

18  administer the operational requirements of the Voluntary

19  Prekindergarten Education Program at the state level.

20         (2)  The Agency for Workforce Innovation shall adopt

21  procedures governing the administration of the Voluntary

22  Prekindergarten Education Program by the early learning

23  coalitions and school districts for:

24         (a)  Enrolling children in and determining the

25  eligibility of children for the Voluntary Prekindergarten

26  Education Program under s. 1002.53.

27         (b)  Providing parents with profiles of private

28  prekindergarten providers and public schools under s. 1002.53.

29         (c)  Registering private prekindergarten providers and

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

31  1002.61, and 1002.63.

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 1         (d)  Determining the eligibility of private

 2  prekindergarten providers to deliver the program under ss.

 3  1002.55 and 1002.61.

 4         (e)  Verifying the compliance of private

 5  prekindergarten providers and public schools and removing

 6  providers or schools from eligibility to deliver the program

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

 8         (f)  Paying private prekindergarten providers and

 9  public schools under s. 1002.71.

10         (g)  Documenting and certifying student enrollment and

11  student attendance under s. 1002.71.

12         (h)  Reconciling advance payments in accordance with

13  the uniform attendance policy under s. 1002.71.

14         (i)  Reenrolling students dismissed by a private

15  prekindergarten provider or public school for noncompliance

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

17  under s. 1002.71.

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

19  in consultation with and subject to approval by the

20  department, procedures governing the administration of the

21  Voluntary Prekindergarten Education Program by the early

22  learning coalitions and school districts for:

23         (a)  Approving improvement plans of private

24  prekindergarten providers and public schools under s. 1002.67.

25         (b)  Placing private prekindergarten providers and

26  public schools on probation and requiring corrective actions

27  under s. 1002.67.

28         (c)  Removing a private prekindergarten provider or

29  public school from eligibility to deliver the program due to

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

31  time permitted under s. 1002.67.

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 1         (4)  The Agency for Workforce Innovation shall also

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

 3  early learning coalitions under s. 1002.71.

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

 5  Workforce Innovation may not impose requirements on a private

 6  prekindergarten provider or public school that does not

 7  deliver the Voluntary Prekindergarten Education Program or

 8  receive state funds under this part.

 9         1002.77  Florida Early Learning Advisory Council.--

10         (1)  There is created the Florida Early Learning

11  Advisory Council within the Agency for Workforce Innovation.

12  The purpose of the advisory council is to submit

13  recommendations to the department and the Agency for Workforce

14  Innovation on the early learning policy of this state,

15  including recommendations relating to administration of the

16  Voluntary Prekindergarten Education Program under this part

17  and the school readiness programs under s. 411.01.

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

19  following members:

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

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

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

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

24  the pleasure of the President of the Senate.

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

26  the pleasure of the Speaker of the House of Representatives.

27  

28  The chair of the advisory council appointed by the Governor

29  and the members appointed by the presiding officers of the

30  Legislature must each have a background in early learning.

31  

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

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

 3  responsibilities.

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

 5  without compensation but is entitled to receive reimbursement

 6  for per diem and travel expenses for attendance at council

 7  meetings as provided in s. 112.061.

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

 9  the ethics provisions in part III of chapter 112.

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

11  advisory council shall be governed by s. 768.28.

12         (5)  The Agency for Workforce Innovation shall provide

13  staff and administrative support for the advisory council.

14         1002.79  Rulemaking authority.--

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

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

17  of this part conferring duties upon the department.

18         (2)  The Agency for Workforce Innovation shall adopt

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

20  provisions of this part conferring duties upon the agency.

21         Section 2.  Section 411.01, Florida Statutes, is

22  amended to read:

23         411.01  Florida Partnership for School readiness

24  programs; early learning school readiness coalitions.--

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

26  "School Readiness Act."

27         (2)  LEGISLATIVE INTENT.--

28         (a)  The Legislature recognizes that school readiness

29  programs increase children's chances of achieving future

30  educational success and becoming productive members of

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

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 1  programs be developmentally appropriate, research-based,

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

 3  preventive measures for children at risk of future school

 4  failure, enhance the educational readiness of eligible

 5  children, and support family education. Each school readiness

 6  program shall provide the elements necessary to prepare

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

 8  referral and an appropriate educational program.

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

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

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

12  become financially self-sufficient.

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

14  readiness programs not exist as isolated programs, but build

15  upon existing services and work in cooperation with other

16  programs for young children, and that school readiness

17  programs be coordinated and funding integrated to achieve full

18  effectiveness.

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

20  administrative staff at the state level for school readiness

21  programs be kept to the minimum necessary to administer carry

22  out the duties of the Agency for Workforce Innovation Florida

23  Partnership for School Readiness, as the school readiness

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

25  managed, with the Agency for Workforce Innovation Florida

26  Partnership for School Readiness adopting a system for

27  measuring school readiness; developing school readiness

28  program performance standards and, outcome measures

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

30  reviewing early learning coalitions and local school readiness

31  coalitions and plans.

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

 2  appropriations for combined school readiness programs shall

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

 4  on an uncombined basis.

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

 6  school readiness program coordinate and operate in conjunction

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

 8  intent of the Legislature that the school readiness program

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

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

11  kindergarten eligibility, funded separately from the system of

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

13  and providing an integrated and seamless system of school

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

15  population.

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

17  federal child care income tax credit be preserved for school

18  readiness programs.

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

20  readiness services shall be an integrated and seamless system

21  of services with a developmentally appropriate education

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

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

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

25  for the administration of the uniform screening system upon

26  entry into kindergarten.

27         (3)  PARENTAL PARTICIPATION IN SCHOOL READINESS

28  PROGRAMS PROGRAM.--

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

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

31  readiness program shall have available to it funding from all

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

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

 3  including but not limited to Florida First Start programs,

 4  Even-Start literacy programs, prekindergarten early

 5  intervention programs, Head Start programs, programs offered

 6  by public and private providers of child care, migrant

 7  prekindergarten programs, Title I programs, subsidized child

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

 9  additional funds appropriated or obtained for purposes of this

10  section.  These programs and their funding streams shall be

11  components of the coalition's integrated school readiness

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

13  school.

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

15  intended to:

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

17  obligations to prepare ready their children for school; or

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

19  school readiness programs or services beyond those authorized

20  by the Legislature.

21         (4)  AGENCY FOR WORKFORCE INNOVATION FLORIDA

22  PARTNERSHIP FOR SCHOOL READINESS.--

23         (a)  The Agency for Workforce Innovation shall Florida

24  Partnership for School Readiness was created to fulfill three

25  major purposes: to administer school readiness programs at the

26  state level and shall program services that help parents

27  prepare eligible children for school; to coordinate the early

28  learning coalitions in providing provision of school readiness

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

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

31  financially self-sufficient; and to establish a uniform

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 1  screening instrument to be implemented by the Department of

 2  Education and administered by the school districts upon entry

 3  into kindergarten to assess the readiness for school of all

 4  children. Readiness for kindergarten is the outcome measure of

 5  the success of each school readiness program that receives

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

 7  Agency for Workforce Innovation for administrative purposes.

 8         (b)  The Agency for Workforce Innovation Florida

 9  Partnership for School Readiness shall:

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

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

12  the programmatic, administrative, and fiscal standards under

13  pursuant to this section for all public providers of school

14  readiness programs.

15         2.  Continue to provide unified leadership for school

16  readiness through early learning local school readiness

17  coalitions.

18         3.  Focus on improving the educational quality of all

19  publicly funded school readiness programs.

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

21  shall include the Lieutenant Governor, the Commissioner of

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

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

24  the Child Care Executive Partnership Board, and the

25  chairperson of the Board of Directors of Workforce Florida,

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

27  designee, the designee must be an individual who attends

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

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

30  only one of them may vote.

31  

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 1         2.  The partnership shall also include 14 members of

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

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

 4  members and their families must not have a direct contract

 5  with any local coalition to provide school readiness services.

 6  The members must be geographically and demographically

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

 8  the Governor from a list of nominees submitted by the

 9  President of the Senate and the Speaker of the House of

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

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

12  industry, one representing the private for-profit sector

13  appointed by the Governor from a list of two nominees

14  submitted by the President of the Senate and one representing

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

16  two nominees submitted by the Speaker of the House of

17  Representatives; and two members shall be from the business

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

19  nominees submitted by the President of the Senate and one

20  appointed by the Governor from a list of two nominees

21  submitted by the Speaker of the House of Representatives.

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

23  members of the partnership shall elect a chairperson annually

24  from the nongovernmental members of the partnership. Any

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

26  as the original appointment.

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

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

29  duties and responsibilities. Members of the partnership shall

30  participate without proxy at the quarterly meetings. The

31  

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

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

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

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

 5  may derive any financial benefit from the funds administered

 6  by the Florida Partnership for School Readiness.

 7         (f)  Members of the partnership shall serve without

 8  compensation but are entitled to reimbursement for per diem

 9  and travel expenses incurred in the performance of their

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

11  reasonable, necessary, and actual expenses.

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

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

14  768.28.

15         (h)  The partnership shall appoint an executive

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

17  executive director shall perform the duties assigned to him or

18  her by the partnership. The executive director shall be

19  responsible for hiring, subject to the approval of the

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

21  under his or her direction and control.

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

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

24  the Agency for Workforce Innovation partnership may be

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

26  designated, shall comply with the lead agency responsibilities

27  under pursuant to federal law.

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

29  Partnership for School Readiness is the principal organization

30  responsible for the enhancement of school readiness for the

31  state's children, and shall:

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

 2  and private funds in accordance with all legal and contractual

 3  requirements.

 4         2.  Provide final approval and periodic review of early

 5  learning coalitions and school readiness plans.

 6         3.  Provide leadership for the enhancement of school

 7  readiness in this state by aggressively establishing a unified

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

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

10  Innovation partnership may develop and implement specific

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

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

13  local, and private resources to achieve the highest possible

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

15  state.

16         5.  Provide technical assistance to early learning

17  coalitions.

18         6.  Assess gaps in service.

19         7.  Provide technical assistance to counties that form

20  a multicounty region served by an early learning coalition.

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

22  that provides objective data regarding the expectations for

23  school readiness, and establish a method for collecting the

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

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

26  statewide school readiness goal. The criteria for determining

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

28  state policymakers and local program administrators in

29  administering programs and allocating state funds, and must

30  include the tracking of school readiness system information

31  

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 1  back to individual school readiness programs to assist in

 2  determining program effectiveness.

 3         b.  Adopt a system for evaluating the performance of

 4  students through the third grade to compare the performance of

 5  those who participated in school readiness programs with the

 6  performance of students who did not participate in school

 7  readiness programs in order to identify strategies for

 8  continued successful student performance.

 9         8.9.  Develop and adopt performance standards and

10  outcome measures for school readiness programs. The

11  performance standards must address the age-appropriate

12  progress of children in the development of the school

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

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

15  readiness programs must be integrated with the performance

16  standards adopted by the Department of Education for children

17  in the Voluntary Prekindergarten Education Program under s.

18  1002.67.

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

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

21  administer the provisions of law conferring duties upon the

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

23  to, rules governing the preparation preparing and

24  implementation of implementing the system for school readiness

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

26  early learning approving local school readiness coalitions and

27  school readiness plans, the provision of providing a method

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

29  more counties, the award of awarding incentives to early

30  learning coalitions, and the issuance of issuing waivers.

31  

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

 2  Partnership for School Readiness shall have all powers

 3  necessary to administer carry out the purposes of this

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

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

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

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

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

 9  section.

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

11  Workforce Innovation may not impose requirements on a child

12  care or early childhood education provider that does not

13  deliver services under a school readiness program or receive

14  state or federal funds under this section.

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

16  Partnership for School Readiness shall have a budget for the

17  school readiness system, which and shall be financed through

18  an annual appropriation made for purposes of this section

19  purpose in the General Appropriations Act.

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

21  shall coordinate the efforts toward school readiness in this

22  state and provide independent policy analyses and

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

24  and the Legislature.

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

26  require that each early learning coalition's The partnership

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

28  system for measuring school readiness program. The system

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

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

31  which shall provide objective data regarding the following

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 1  expectations for school readiness skills which shall include,

 2  at a minimum:

 3         1.  The child's immunizations and other health

 4  requirements as necessary, including appropriate vision and

 5  hearing screening and examinations.

 6         2.  The child's physical development.

 7         1.3.  The child's Compliance with rules, limitations,

 8  and routines.

 9         2.4.  The child's Ability to perform tasks.

10         3.5.  The child's Interactions with adults.

11         4.6.  The child's Interactions with peers.

12         5.7.  The child's Ability to cope with challenges.

13         6.8.  The child's Self-help skills.

14         7.9.  The child's Ability to express the child's his or

15  her needs.

16         8.10.  The child's Verbal communication skills.

17         9.11.  The child's Problem-solving skills.

18         10.12.  The child's Following of verbal directions.

19         11.13.  The child's Demonstration of curiosity,

20  persistence, and exploratory behavior.

21         12.14.  The child's Interest in books and other printed

22  materials.

23         13.15.  The child's Paying attention to stories.

24         14.16.  The child's Participation in art and music

25  activities.

26         15.17.  The child's Ability to identify colors,

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

28  spatial and temporal relationships.

29  

30  The Agency for Workforce Innovation shall also require that,

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

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 1  school readiness program, the coalition must ensure that

 2  information is obtained by the coalition or the school

 3  readiness provider regarding the child's immunizations,

 4  physical development, and other health requirements as

 5  necessary, including appropriate vision and hearing screening

 6  and examinations.

 7         (p)  The partnership shall prepare a plan for

 8  implementing the system for measuring school readiness in such

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

10  screening established by the partnership when they enter

11  kindergarten. Children who enter public school for the first

12  time in first grade must undergo a uniform screening approved

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

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

15  identified expectations for school readiness, the plan for

16  measuring school readiness shall incorporate mechanisms for

17  recognizing the potential variations in expectations for

18  school readiness when serving children with disabilities and

19  shall provide for communities to serve children with

20  disabilities.

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

22  shall conduct studies and planning activities related to the

23  overall improvement and effectiveness of the outcome school

24  readiness measures adopted by the agency for school readiness

25  programs.

26         (l)  The Agency for Workforce Innovation shall monitor

27  and evaluate the performance of each early learning coalition

28  in administering the school readiness program, implementing

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

30  Voluntary Prekindergarten Education Program. These monitoring

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

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 1  monitoring of each coalition's finances, management,

 2  operations, and programs.

 3         (m)  The Agency for Workforce Innovation shall identify

 4  best practices of early learning coalitions in order to

 5  improve the outcomes of school readiness programs.

 6         (r)  The partnership shall establish procedures for

 7  performance-based budgeting in school readiness programs.

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

 9  shall submit an annual report of its activities conducted

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

11  the Florida Healthy Kids Corporation, the President of the

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

13  minority leaders of both houses of the Legislature. In

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

15  reports and recommendations shall be made available to the

16  State Board of Education, the Florida Early Learning Advisory

17  Council, other appropriate state agencies and entities,

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

19  county health departments. The annual report must provide an

20  analysis of school readiness activities across the state,

21  including the number of children who were served in the

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

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

24  shall work with the early learning school readiness coalitions

25  to increase parents' training for and involvement in their

26  children's preschool education and to provide family literacy

27  activities and programs.

28  

29  To ensure that the system for measuring school readiness is

30  comprehensive and appropriate statewide, as the system is

31  developed and implemented, the partnership must consult with

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 1  representatives of district school systems, providers of

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

 3  and small employers, experts in education for children with

 4  disabilities, and experts in child development.

 5         (5)  CREATION OF EARLY LEARNING SCHOOL READINESS

 6  COALITIONS.--

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

 8         1.  The Agency for Workforce Innovation shall establish

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

10  learning coalition through the coalition's school readiness

11  program. The Agency for Workforce Innovation may only approve

12  school readiness plans in accordance with this minimum number.

13  The minimum number must be uniform for every early learning

14  coalition and must:

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

16  and

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

18  children based upon the average number of all children served

19  per month through the coalition's school readiness program

20  during the previous 12 months.

21  

22  The Agency for Workforce Innovation shall adopt procedures for

23  merging early learning coalitions, including procedures for

24  the consolidation of merging coalitions, and for the early

25  termination of the terms of coalition members which are

26  necessary to accomplish the mergers. Each early learning

27  coalition must comply with the merger procedures and shall be

28  organized in accordance with this subparagraph by April 1,

29  2005. By June 30, 2005, each coalition must complete the

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

31  personnel, property, and unexpended balances of

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 1  appropriations, allocations, and other funds to the successor

 2  coalition, if applicable.

 3         2.1.  If an early learning coalition a coalition's plan

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

 5  children than the minimum number established under

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

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

 8  Agency for Workforce Innovation may authorize an early

 9  learning coalition to serve fewer children than the minimum

10  number established under subparagraph 1., if:

11         a.  The coalition demonstrates to the Agency for

12  Workforce Innovation that merging with another county or

13  multicounty region contiguous to the coalition would cause an

14  extreme hardship on the coalition;

15         b.  The Agency for Workforce Innovation has determined

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

17  readiness plan, or through monitoring and performance

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

19  coalition has substantially implemented its plan and

20  substantially met the performance standards and outcome

21  measures adopted by the agency; and

22         c.  The coalition demonstrates to the Agency for

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

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

25  demonstrate to the partnership its ability to effectively and

26  efficiently implement the Voluntary Prekindergarten Education

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

28  required performance standards and outcome measures.

29  

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

31  required by this subparagraph, the Agency for Workforce

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 1  Innovation may dissolve the coalition and temporarily contract

 2  with a qualified entity to continue school readiness and

 3  prekindergarten services in the coalition's county or

 4  multicounty region until the coalition is reestablished

 5  through resubmission of a school readiness plan and approval

 6  by the agency.

 7         3.  Each early learning coalition shall be composed of

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

 9  for Workforce Innovation shall adopt standards establishing

10  within this range the minimum and maximum number of members

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

12  standards must include variations for a coalition serving a

13  multicounty region. Each early learning coalition must comply

14  with these standards.

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

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

17  the same qualifications as private-sector business members

18  appointed by the coalition under subparagraph 6.

19         5.2.  Each early learning coalition shall have at least

20  18 but not more than 25 members and such members must include

21  the following members:

22         a.  A Department of Children and Family Services

23  district administrator or his or her designee who is

24  authorized to make decisions on behalf of the department.

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

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

27  district, who shall be a nonvoting member.

28         c.  A regional workforce development board executive

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

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

31  designee.

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

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

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

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

 5  receives funds from the coalition.

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

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

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

 9  designee.

10         g.  One member appointed by a Department of Children

11  and Family Services district administrator.

12         h.  One member appointed by a board of county

13  commissioners.

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

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

16  applicable, who shall be a nonvoting member.

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

18  member.

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

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

21  member.

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

23  providers, who shall be a nonvoting member.

24         m.  A representative of programs for children with

25  disabilities under the federal Individuals with Disabilities

26  Education Act, who shall be a nonvoting member.

27         6.  Including the members appointed by the Governor

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

29  members of each early learning coalition must be

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

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

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 1  financial interest in the design or delivery of the Voluntary

 2  Prekindergarten Education Program created under part V of

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

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

 5  earn an income from the early education and child care

 6  industry. To meet this requirement an early learning a

 7  coalition must appoint additional members from a list of

 8  nominees submitted presented to the coalition by a chamber of

 9  commerce or economic development council within the geographic

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

11  Workforce Innovation shall establish criteria for appointing

12  private-sector business members. These criteria must include

13  standards for determining whether a member or relative has a

14  substantial financial interest in the design or delivery of

15  the Voluntary Prekindergarten Education Program or the

16  coalition's school readiness program.

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

18  learning coalition constitutes a quorum required to conduct

19  the business of the coalition.

20         8.3.  A voting No member of an early learning a

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

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

23  voting member may send a representative to coalition meetings,

24  but that representative does not will have no voting

25  privileges. When a district superintendent of schools or a

26  district administrator for the Department of Children and

27  Family Services appoints a designee to an early learning a

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

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

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

31  

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 1  administrator or superintendent, does not will have no voting

 2  privileges.

 3         9.4.  Each member Members of an early learning the

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

 5  112.3143 the ethics provisions in part III of chapter 112. For

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

 7  public officer who must abstain from voting when a voting

 8  conflict exists.

 9         10.5.  For the purposes of tort liability, each member

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

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

12  768.28.

13         11.6.  An early learning coalition serving a

14  multicounty region must coalitions shall include

15  representation from each county.

16         12.7.  Each early learning coalition shall establish

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

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

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

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

21  appointed position, the coalition must advertise the vacancy.

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

23  program shall be established for children from birth to the

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

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

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

27  program shall be administered by the early learning school

28  readiness coalition. Within funding limitations, the early

29  learning school readiness coalition, along with all providers,

30  shall make reasonable efforts to accommodate the needs of

31  

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

 2  compromising the quality of the program.

 3         (c)  Program expectations.--

 4         1.  The school readiness program must meet the

 5  following expectations:

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

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

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

 9  prepare preschool children to enter kindergarten ready to

10  learn, as measured by the performance standards and outcome

11  measures adopted criteria established by the Agency for

12  Workforce Innovation Florida Partnership for School Readiness.

13         b.  The program must provide extended-day and

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

15  the needs of parents who work.

16         c.  There must be coordinated staff development and

17  teaching opportunities.

18         d.  There must be expanded access to community services

19  and resources for families to help achieve economic

20  self-sufficiency.

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

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

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

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

25  readiness program at various locations throughout the county

26  or multicounty region served by an early learning coalition,

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

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

29  unified waiting list to track eligible children waiting for

30  enrollment in the school readiness program. The Agency for

31  Workforce Innovation shall establish a single statewide

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 1  information system that integrates each early learning

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

 3  the statewide system.

 4         f.  The Agency for Workforce Innovation must consider

 5  the access of eligible children to the school readiness

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

 7  approving a proposed increase in payment rates submitted by an

 8  early learning coalition. In addition, early learning

 9  coalitions shall use school readiness funds made available due

10  to enrollment shifts from school readiness programs to the

11  Voluntary Prekindergarten Education Program for increasing the

12  number of children served in school readiness programs before

13  increasing payment rates.

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

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

16  were served prior to implementation of the program.

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

18  of all eligible children.

19         h.  The program must meet all state licensing

20  guidelines, where applicable.

21         2.  The early learning school readiness coalition must

22  implement a comprehensive program of school readiness services

23  that enhance the cognitive, social, and physical development

24  of children to achieve the performance standards and outcome

25  measures adopted specified by the Agency for Workforce

26  Innovation partnership.  At a minimum, these programs must

27  contain the following elements:

28         a.  Developmentally appropriate curriculum designed to

29  enhance the age-appropriate progress of children in attaining

30  the performance standards adopted by the Agency for Workforce

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

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 1         b.  A character development program to develop basic

 2  values.

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

 4  development.

 5         d.  A pretest administered to children when they enter

 6  a program and a posttest administered to children when they

 7  leave the program.

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

 9  ratio.

10         f.  A healthy healthful and safe environment.

11         g.  A resource and referral network to assist parents

12  in making an informed choice.

13         (d)  Implementation.--

14         1.  An early learning coalition may not implement the

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

16  coalition is authorized implements its plan, the county shall

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

18  through the various agencies that would be responsible for

19  delivering those services under current law. Plan

20  implementation is subject to approval of the coalition's

21  school readiness coalition and the plan by the Agency for

22  Workforce Innovation Florida Partnership for School Readiness.

23         2.  Each early learning school readiness coalition

24  shall develop a plan for implementing the school readiness

25  program to meet the requirements of this section and the

26  performance standards and outcome measures adopted established

27  by the Agency for Workforce Innovation partnership. The plan

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

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

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

31  the plan to involve the prekindergarten early intervention

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

 2  private providers of child care, preschool programs for

 3  children with disabilities, programs for migrant children,

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

 5  parent programs. The plan must also demonstrate how the

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

 7  in a publicly funded school readiness program receives

 8  scheduled activities and instruction designed to enhance the

 9  age-appropriate progress of the prepare children in attaining

10  the performance standards adopted by the Agency for Workforce

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

12  ready to learn. Before implementing Prior to implementation of

13  the school readiness program, the early learning school

14  readiness coalition must submit the plan to the Agency for

15  Workforce Innovation partnership for approval. The Agency for

16  Workforce Innovation partnership may approve the plan, reject

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

18  Workforce Innovation Florida Partnership for School Readiness

19  shall review school readiness coalition plans at least

20  annually.

21         3.  If the Agency for Workforce Innovation determines

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

23  monitoring and performance evaluations conducted under

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

25  substantially implemented its plan, has not substantially met

26  the performance standards and outcome measures adopted by the

27  agency, or has not effectively administered the school

28  readiness program or Voluntary Prekindergarten Education

29  Program, the Agency for Workforce Innovation may dissolve the

30  coalition and temporarily contract with a qualified entity to

31  continue school readiness and prekindergarten services in the

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 1  coalition's county or multicounty region until the coalition

 2  is reestablished through resubmission of a school readiness

 3  plan and approval by the agency.

 4         4.3.  The Agency for Workforce Innovation shall adopt

 5  criteria for the approval of school readiness plans. The

 6  criteria must be consistent with the performance standards and

 7  outcome measures adopted by the agency and must require each

 8  approved plan to for the school readiness program must include

 9  the following minimum standards and provisions:

10         a.  A sliding fee scale establishing a copayment for

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

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

13  program's budget.

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

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

16  provided to parents.

17         c.  Instructional staff who have completed the training

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

19  have additional training or credentials as required by the

20  Agency for Workforce Innovation partnership. The plan must

21  provide a method for assuring the qualifications of all

22  personnel in all program settings.

23         d.  Specific eligibility priorities for children within

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

25  accordance with pursuant to subsection (6).

26         e.  Performance standards and outcome measures adopted

27  established by the Agency for Workforce Innovation partnership

28  or alternatively, standards and outcome measures to be used

29  until such time as the partnership adopts such standards and

30  outcome measures.

31  

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 1         f.  Payment Reimbursement rates adopted that have been

 2  developed by the early learning coalition and approved by the

 3  Agency for Workforce Innovation. Payment Reimbursement rates

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

 5  creating standards or levels of services that have not been

 6  authorized by the Legislature.

 7         g.  Systems support services, including a central

 8  agency, child care resource and referral, eligibility

 9  determinations, training of providers, and parent support and

10  involvement.

11         h.  Direct enhancement services to families and

12  children. System support and direct enhancement services shall

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

14  school readiness programs.

15         i.  The A business organization of the early learning

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

17  incorporation and bylaws if the coalition is organized as a

18  corporation. If the coalition is not organized as a

19  corporation or other business entity, the plan must include

20  the contract with a fiscal school readiness agent if the

21  coalition is not a legally established corporate entity. An

22  early learning coalition Coalitions may contract with other

23  coalitions to achieve efficiency in multicounty

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

25  of the coalition's school readiness business plan.

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

27  such as migrant workers.

28  

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

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

31  allow the coalition to administer the Head Start Program to

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

 2  any school readiness plan demonstrates can demonstrate that

 3  specific statutory goals can be achieved more effectively by

 4  using procedures that require modification of existing rules,

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

 6  for Workforce Innovation partnership may be submitted made as

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

 8  Innovation partnership may grant the proposed modification.

 9         5.4.  Persons with an early childhood teaching

10  certificate may provide support and supervision to other staff

11  in the school readiness program.

12         6.5.  An early learning The coalition may not implement

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

14  receives approval from the Agency for Workforce Innovation

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

16  the services provided under the plan shall be controlled by

17  the early learning coalition rather than by the state agencies

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

19  necessary, but at least biennially. An early learning

20  coalition may not implement the revisions until the coalition

21  submits the revised plan to and receives approval from the

22  Agency for Workforce Innovation. If the Agency for Workforce

23  Innovation rejects a revised plan, the coalition must continue

24  to operate under its prior approved plan.

25         7.6.  Sections The following statutes will not apply to

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

27  411.221, and 411.232 do not apply to an early learning

28  coalition with an approved school readiness plan. To

29  facilitate innovative practices and to allow the regional

30  local establishment of school readiness programs, an early

31  learning a school readiness coalition may apply to the

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

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

 3  411.232, and 1003.54, if the waiver is necessary for

 4  implementation of the coalition's school readiness plan.

 5         8.7.  Two or more counties may join for purposes the

 6  purpose of planning and implementing a school readiness

 7  program.

 8         9.8.  An early learning A coalition may, subject to

 9  approval by of the Agency for Workforce Innovation partnership

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

11  subsidized child care funds for all children eligible for any

12  federal subsidized child care program and be the provider of

13  the program services.

14         10.9.  An early learning coalition may Coalitions are

15  authorized to enter into multiparty contracts with multicounty

16  service providers in order to meet the needs of unique

17  populations such as migrant workers.

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

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

20  2001, Each early learning coalition must comply with follow

21  the competitive procurement requirements of s. 287.057 for the

22  procurement of commodities or contractual services from the

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

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

25  contractual services, together with any renewal of the

26  original contract, may not exceed 3 years.

27         2.  Each early learning coalition shall adopt develop a

28  payment schedule that encompasses all programs funded by the

29  that coalition under this section. The payment schedule must

30  take into consideration the relevant market rate, must include

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

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 1  submitted for approval by to the Agency for Workforce

 2  Innovation partnership for information. Informal child care

 3  arrangements shall be reimbursed at not more than 50 percent

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

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

 6  early learning the local coalition is not a legally organized

 7  as a corporation or other business established corporate

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

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

10  certified public accountant who holds a license under chapter

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

12  financial and administrative services under pursuant to a

13  contract or agreement with the early learning school readiness

14  coalition. The fiscal agent may not provide direct early

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

16  agent may provide those such services upon written request of

17  the early learning coalition to the Agency for Workforce

18  Innovation partnership and upon the approval of the such

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

20  and administrative services shall be negotiated between the

21  fiscal agent and the early learning school readiness

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

23  childhood education and child care programs, the contract must

24  specify that the fiscal agent shall will act on policy

25  direction from the early learning coalition and must will not

26  receive policy direction from its own corporate board

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

28  fiscal agent shall disburse funds in accordance with the early

29  learning coalition's approved coalition school readiness plan

30  and based on billing and disbursement procedures approved by

31  the Agency for Workforce Innovation partnership. The fiscal

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 1  agent must conform to all data-reporting requirements

 2  established by the Agency for Workforce Innovation

 3  partnership.

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

 5  school readiness coalition shall conduct an evaluation of the

 6  effectiveness of the school readiness program, including

 7  performance standards and outcome measures, and shall provide

 8  an annual report and fiscal statement to the Agency for

 9  Workforce Innovation Florida Partnership for School Readiness.

10  This report must conform to the content and format

11  specifications set by the Agency for Workforce Innovation

12  Florida Partnership for School Readiness. The Agency for

13  Workforce Innovation partnership must include an analysis of

14  the early learning coalitions' coalition reports in the

15  agency's its annual report.

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

17  coalition's The school readiness program shall be established

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

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

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

21  eligibility. Priority for participation in the school

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

23  school entry who are served by the Family Safety Program

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

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

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

27  abuse, neglect, or abandonment. Other eligible populations

28  include children who meet one or more of the following

29  criteria:

30         (a)  Children under the age of kindergarten eligibility

31  who are:

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

 2  neglect, or exploitation who are currently clients of the

 3  Family Safety Program Office of the Department of Children and

 4  Family Services, but who are not otherwise given priority

 5  under this subsection.

 6         2.1.  Children at risk of welfare dependency, including

 7  economically disadvantaged children, children of participants

 8  in the welfare transition program, children of migrant

 9  farmworkers, and children of teen parents.

10         3.2.  Children of working families whose family income

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

12         4.3.  Children for whom the state is paying a relative

13  caregiver payment under s. 39.5085.

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

15  who may not be economically disadvantaged but who have

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

17  combination of part-time exceptional education programs with

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

19  previously reported for funding part time with the Florida

20  Education Finance Program as exceptional students.

21         (c)  Economically disadvantaged children, children with

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

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

24  home visitor programs and intensive parent education programs

25  such as the Florida First Start Program.

26         (d)  Children who meet federal and state eligibility

27  requirements for eligibility for the migrant preschool program

28  but who do not meet the criteria of economically

29  disadvantaged.

30  

31  

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

 2  disadvantaged" child means a child whose family income does

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

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

 5  subject to additional family contributions in accordance with

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

 7  requirements upon initial registration for the program remains

 8  shall be considered eligible until the beginning of the school

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

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

11         (7)  PARENTAL CHOICE.--

12         (a)  The school readiness program shall provide

13  parental choice through pursuant to a purchase service order

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

15  school readiness programs and payment arrangements. According

16  to federal regulations requiring parental choice, a parent may

17  choose an informal child care arrangement. The purchase order

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

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

20  beneficiary and an authorized representative of the provider.

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

22  any cash to the beneficiary in return for receiving the

23  purchase order, the early learning coalition or its fiscal

24  agent shall refer the matter to the Division of Public

25  Assistance Fraud for investigation.

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

27  establish an electronic transfer system for the disbursement

28  of funds in accordance with this subsection. Each early

29  learning coalition School readiness coalitions shall fully

30  implement the electronic funds transfer system within 2 years

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

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 1  unless a waiver is obtained from the Agency for Workforce

 2  Innovation partnership.

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

 4  school readiness programs must shall be required to meet the

 5  performance standards and outcome measures adopted developed

 6  and approved by the Agency for Workforce Innovation

 7  partnership. The Office of Program Policy Analysis and

 8  Government Accountability shall provide consultation to the

 9  partnership in the development of the measures and standards.

10  These performance standards and outcome measures shall be

11  applicable on a statewide basis.

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

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

14  integrated and quality seamless service delivery system for

15  all publicly funded early childhood education and child care

16  programs operating in this state.

17         (b)  Notwithstanding s. 20.50:

18         1.  The Agency for Workforce Innovation shall

19  administer school readiness funds, plans, and policies

20  pursuant to the contract with the Florida Partnership for

21  School Readiness and shall prepare and submit a unified budget

22  request for the school readiness system program in accordance

23  with chapter 216.

24         2.  All instructions to early learning local school

25  readiness coalitions for administering this section shall

26  emanate from the Agency for Workforce Innovation in accordance

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

28  Florida Partnership for School Readiness, and the contract

29  between the Florida Partnership for School Readiness and the

30  agency.

31  

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 1         (c)  The Agency for Workforce Innovation shall adopt

 2  prepare a formula plan that provides for the allocation among

 3  the early learning coalitions distribution and expenditure of

 4  all state and federal school readiness funds for children

 5  participating in public or private school readiness programs

 6  based upon an equity and performance funding formula. The

 7  allocation formula must plan shall be submitted to the

 8  Governor and the Legislative Budget Commission. Upon approval,

 9  the Legislative Budget Commission shall authorize the transfer

10  of funds to the Agency for Workforce Innovation to distribute

11  funds for distribution in accordance with the allocation

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

13  Agency for Workforce Innovation shall allocate funds to the

14  early learning coalitions consistent with the fiscal year

15  2003-2004 funding allocations to the school readiness

16  coalitions.

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

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

19  share of the state administrative costs of those programs in

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

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

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

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

24  appropriated or obtained for purposes of this section, shall

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

26  implementation of its school readiness plan, including the

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

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

29  review, the Agency for Workforce Innovation partnership shall

30  require that administrative costs be kept to the minimum

31  necessary for efficient and effective administration of the

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 1  school readiness plan, but total administrative expenditures

 2  must shall not exceed 5 percent unless specifically waived by

 3  the Agency for Workforce Innovation partnership.  The Agency

 4  for Workforce Innovation partnership shall annually report to

 5  the Legislature any problems relating to administrative costs.

 6         (e)  The Agency for Workforce Innovation partnership

 7  shall annually distribute, to a maximum extent practicable,

 8  all eligible funds provided under this section as block grants

 9  to the early learning assist coalitions in integrating

10  services and funding to develop a quality service delivery

11  system. Subject to appropriation, the partnership may also

12  provide financial awards to coalitions demonstrating success

13  in merging and integrating funding streams to serve children

14  and school readiness programs.

15         (f)  State funds appropriated for the school readiness

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

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

18  partnership shall present to the Legislature recommendations

19  for providing necessary transportation services for school

20  readiness programs.

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

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

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

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

25  Department of Education shall implement a school readiness

26  uniform screening, including a pilot program during the

27  2001-2002 school year, to validate the system recommended by

28  the Florida Partnership for School Readiness as part of a

29  comprehensive evaluation design. Beginning with the 2002-2003

30  school year, the department shall require that all school

31  districts administer the school readiness uniform screening to

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 1  each kindergarten student in the district school system upon

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

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

 4  uniform screening adopted for use in first grade. The

 5  department shall incorporate school readiness data into the

 6  K-20 data warehouse for longitudinal tracking. Notwithstanding

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

 8  the Agency for Workforce Innovation with complete and full

 9  access to kindergarten uniform screening data at the student,

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

11  enable the partnership and the agency to prepare reports

12  needed by state policymakers and local school readiness

13  coalitions to access progress toward school readiness goals

14  and provide input for continuous improvement of local school

15  readiness services and programs.

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

17  and Government Accountability shall assess the implementation,

18  efficiency, and outcomes of the school readiness program and

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

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

21  Subsequent reviews shall be conducted at the direction of the

22  Joint Legislative Auditing Committee.

23         (10)(12)  CONFLICTING PROVISIONS.--In the event of a

24  conflict between the provisions of this section and federal

25  requirements, the federal requirements shall control.

26         (11)(13)  PLACEMENTS.--Notwithstanding any other

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

28  2004-2005 only, the first children to be placed in the school

29  readiness program shall be those from families receiving

30  temporary cash assistance and subject to federal work

31  requirements. Subsequent placements shall be made in

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

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

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

 4  11.45, Florida Statutes, is amended to read:

 5         11.45  Definitions; duties; authorities; reports;

 6  rules.--

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

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

 9  at the direction of the Legislative Auditing Committee,

10  conduct audits or other engagements as determined appropriate

11  by the Auditor General of:

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

13  learning coalitions, Florida Partnership for School Readiness

14  created under pursuant to s. 411.01.

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

16  Statutes, is amended to read:

17         20.50  Agency for Workforce Innovation.--There is

18  created the Agency for Workforce Innovation within the

19  Department of Management Services. The agency shall be a

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

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

22  subject to control, supervision, or direction by the

23  Department of Management Services in any manner, including,

24  but not limited to, personnel, purchasing, transactions

25  involving real or personal property, and budgetary matters.

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

27  the designated administrative agency designated for receipt of

28  federal workforce development grants and other federal funds.

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

30  responsibilities assigned by the Governor under each federal

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

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 1  budget entity and shall expend each revenue source as provided

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

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

 4  prepare and submit as a separate budget entity a unified

 5  budget request for workforce development, in accordance with

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

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

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

 9  The accountability and reporting functions of the agency shall

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

11  Included in These functions shall include are budget

12  management, financial management, audit, performance

13  management standards and controls, assessing outcomes of

14  service delivery, and financial administration of workforce

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

16  agency's overall organizational structure, The agency shall

17  include the following offices within its organizational

18  structure, which shall have the specified responsibilities:

19         (a)  The Office of Workforce Services shall administer

20  the unemployment compensation program, the Rapid Response

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

22  Labor Certification program, and any other programs that are

23  delivered directly by agency staff rather than through the

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

25  Deputy Director for Workforce Services, who shall be appointed

26  by and serve at the pleasure of the director.

27         (b)  The Office of Program Support and Accountability

28  shall administer state merit system program staff within the

29  workforce service delivery system, under the pursuant to

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

31  responsible for delivering services through the one-stop

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 1  delivery system and for ensuring that participants in welfare

 2  transition programs receive case management services,

 3  diversion assistance, support services, including subsidized

 4  child care and transportation services, Medicaid services, and

 5  transition assistance to enable them to succeed in the

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

 7  quality assurance, grants and contract management,

 8  contracting, financial management, and reporting. The office

 9  shall be directed by the Deputy Director for Program Support

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

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

12  for:

13         1.  Establishing monitoring, quality assurance, and

14  quality improvement systems that routinely assess the quality

15  and effectiveness of contracted programs and services.

16         2.  Annual review of each regional workforce board and

17  administrative entity to ensure that adequate systems of

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

19  quality assurance, and quality improvement activities are

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

21  eliminate deficiencies.

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

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

24  operational requirements of the Voluntary Prekindergarten

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

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

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

28  of the director.

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

30  be responsible for procurement, human resource services, and

31  information services including delivering information on labor

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 1  markets, employment, occupations, and performance, and shall

 2  implement and maintain information systems that are required

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

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

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

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

 7  Director for Agency Support Services, who shall be appointed

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

 9  shall be responsible for establishing:

10         1.  Information systems and controls that report

11  reliable, timely and accurate fiscal and performance data for

12  assessing outcomes, service delivery, and financial

13  administration of workforce programs under pursuant to s.

14  445.004(5) and (9).

15         2.  Information systems that support service

16  integration and case management by providing for case tracking

17  for participants in welfare transition programs.

18         3.  Information systems that support the school

19  readiness system services.

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

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

22  supervision, or direction by the Agency for Workforce

23  Innovation in the performance of its powers and duties but

24  shall receive any and all support and assistance from the

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

26  duties.

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

28  125.901, Florida Statutes, is amended to read:

29         125.901  Children's services; independent special

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

31  

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

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

 3  200.001(8)(e), to provide funding for children's services

 4  throughout the county in accordance with this section. The

 5  boundaries of such district shall be coterminous with the

 6  boundaries of the county. The county governing body shall

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

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

 9  not exceed the maximum millage rate authorized by this

10  section. Any district created pursuant to the provisions of

11  this subsection shall be required to levy and fix millage

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

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

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

15  previously approved millage.

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

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

18  including: the superintendent of schools; two representatives

19  of public postsecondary education institutions located in the

20  county; the county manager or the equivalent county officer;

21  the district administrator from the appropriate district of

22  the Department of Children and Family Services, or the

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

24  Management Service or the Selected Exempt Service; the

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

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

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

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

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

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

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

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

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

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

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

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

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

 7  learning local school readiness coalition, selected by that

 8  coalition; a representative of a labor organization or union

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

10  coalition engaged in cross-system planning for health and

11  social service delivery in the county, selected by that

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

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

14  that association; a youth representative selected by the local

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

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

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

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

19  member of the state Legislature who represents residents of

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

21  delegation; an elected official representing the residents of

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

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

24  the majority of sitting council members. The remaining 7

25  members shall be appointed by the Governor in accordance with

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

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

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

29  the extent reasonably possible, represent the geographic and

30  demographic diversity of the population of the county. Members

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

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

 2  consecutive terms as provided in this section. The remaining

 3  appointed members of the governing board shall be appointed to

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

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

 6  youth representative and the legislative delegate shall be

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

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

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

10  after a 2-year hiatus from the council.

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

12  Statutes, is amended to read:

13         216.133  Definitions; ss. 216.133-216.137.--As used in

14  ss. 216.133-216.137:

15         (1)  "Consensus estimating conference" includes the

16  Economic Estimating Conference, the Demographic Estimating

17  Conference, the Revenue Estimating Conference, the Education

18  Estimating Conference, the Criminal Justice Estimating

19  Conference, the Juvenile Justice Estimating Conference, the

20  Child Welfare System Estimating Conference, the Occupational

21  Forecasting Conference, the Early Learning Programs School

22  Readiness Program Estimating Conference, the Self-Insurance

23  Estimating Conference, the Florida Retirement System Actuarial

24  Assumption Conference, and the Social Services Estimating

25  Conference.

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

27  Statutes, is amended to read:

28         216.136  Consensus estimating conferences; duties and

29  principals.--

30         (10)  EARLY LEARNING PROGRAMS SCHOOL READINESS PROGRAM

31  ESTIMATING CONFERENCE.--

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 1         (a)  Duties.--

 2         1.  The Early Learning Programs School Readiness

 3  Program Estimating Conference shall develop estimates and

 4  forecasts of the unduplicated count of children eligible for

 5  school readiness programs in accordance with the standards of

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

 7  eligible for the Voluntary Prekindergarten Education Program

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

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

10  appropriations processes.

11         2.  The Agency for Workforce Innovation Florida

12  Partnership for School Readiness shall provide information on

13  needs and waiting lists for school readiness programs, and

14  information on the needs for the Voluntary Prekindergarten

15  Education Program, as program services requested by the Early

16  Learning Programs School Readiness Program Estimating

17  Conference or individual conference principals in a timely

18  manner.

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

20  the Director of Economic and Demographic Research, and

21  professional staff who have forecasting expertise from the

22  Florida Partnership for School Readiness, the Agency for

23  Workforce Innovation, the Department of Children and Family

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

25  House of Representatives, or their designees, are the

26  principals of the Early Learning Programs School Readiness

27  Program Estimating Conference. The principal representing the

28  Executive Office of the Governor shall preside over sessions

29  of the conference.

30         Section 8.  Section 402.3016, Florida Statutes, is

31  amended to read:

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 1         402.3016  Early Head Start collaboration grants.--

 2         (1)  Contingent upon specific appropriations, the

 3  Agency for Workforce Innovation Florida Partnership for School

 4  Readiness shall establish a program to award collaboration

 5  grants to assist local agencies in securing Early Head Start

 6  programs through Early Head Start program federal grants. The

 7  collaboration grants shall provide the required matching funds

 8  for public and private nonprofit agencies that have been

 9  approved for Early Head Start program federal grants.

10         (2)  Public and private nonprofit agencies providing

11  Early Head Start programs applying for collaborative grants

12  must:

13         (a)  Ensure quality performance by meeting the

14  requirements in the Head Start program performance standards

15  and other applicable rules and regulations;

16         (b)  Ensure collaboration with other service providers

17  at the local level; and

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

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

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

21         (3)  The Agency for Workforce Innovation partnership

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

23  of agencies receiving Early Head Start collaboration grants

24  and the number of children served.

25         (4)  The Agency for Workforce Innovation partnership

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

27  for the award of collaboration grants to competing agencies

28  and the administration of the collaboration grants program

29  under this section.

30         Section 9.  Section 411.011, Florida Statutes, is

31  amended to read:

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 1         411.011  Records of children in school readiness

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

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

 4  in the possession of the early learning school readiness

 5  coalition or the Agency for Workforce Innovation Florida

 6  Partnership for School Readiness, are confidential and exempt

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

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

 9  include assessment data, health data, records of teacher

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

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

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

13  the right to inspect and review the individual school

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

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

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

17  Secretary of Health and Human Services, and the Comptroller

18  General of the United States for the purpose of federal

19  audits; to individuals or organizations conducting studies for

20  institutions to develop, validate, or administer assessments

21  or improve instruction; to accrediting organizations in order

22  to carry out their accrediting functions; to appropriate

23  parties in connection with an emergency if the information is

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

25  other individuals; to the Auditor General in connection with

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

27  jurisdiction in compliance with an order of that court in

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

29  parties to an interagency agreement among early learning

30  school readiness coalitions, local governmental agencies,

31  providers of school readiness programs, state agencies, and

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 1  the Agency for Workforce Innovation Florida Partnership for

 2  School Readiness for the purpose of implementing the school

 3  readiness program. Agencies, organizations, or individuals

 4  that receive school readiness records in order to carry out

 5  their official functions must protect the data in a manner

 6  that does will not permit the personal identification of

 7  students and their parents by persons other than those

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

 9  the Open Government Sunset Review Act of 1995 in accordance

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

11  unless reviewed and saved from repeal through reenactment by

12  the Legislature.

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

14  411.226, Florida Statutes, is amended to read:

15         411.226  Learning Gateway.--

16         (2)  LEARNING GATEWAY STEERING COMMITTEE.--

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

18  steering committee must consult with representatives from the

19  Department of Education, the Department of Health, the Agency

20  for Workforce Innovation Florida Partnership for School

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

22  Agency for Health Care Administration, the Department of

23  Juvenile Justice, and the Department of Corrections and with

24  the director of the Learning Development and Evaluation Center

25  of Florida Agricultural and Mechanical University.

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

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

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

29         411.227  Components of the Learning Gateway.--The

30  Learning Gateway system consists of the following components:

31  

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 1         (1)  COMMUNITY EDUCATION STRATEGIES AND FAMILY-ORIENTED

 2  ACCESS.--

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

 4  demonstration projects shall develop public awareness

 5  strategies to disseminate information about developmental

 6  milestones, precursors of learning problems and other

 7  developmental delays, and the service system that is

 8  available. The information should target parents of children

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

10  health care providers, and caregivers of children from birth

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

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

13  community-based Internet website, as well as opportunities

14  such as those presented by parent visits to physicians for

15  well-child checkups. The Learning Gateway Steering Committee

16  shall provide technical assistance to the local demonstration

17  projects in developing and distributing educational materials

18  and information.

19         1.  Public awareness strategies targeting parents of

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

21  information to public and private preschool programs, child

22  care childcare providers, pediatricians, parents, and local

23  businesses and organizations. These strategies should include

24  information on the school readiness performance standards for

25  kindergarten adopted by the Agency for Workforce Innovation

26  School Readiness Partnership Board.

27         2.  Public awareness strategies targeting parents of

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

29  training materials and brochures to parents and public and

30  private school personnel, and must be coordinated with the

31  local school board and the appropriate school advisory

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 1  committees in the demonstration projects. The materials should

 2  contain information on state and district proficiency levels

 3  for grades K-3.

 4         (2)  SCREENING AND DEVELOPMENTAL MONITORING.--

 5         (a)  In coordination with the Agency for Workforce

 6  Innovation Partnership for School Readiness, the Department of

 7  Education, and the Florida Pediatric Society, and using

 8  information learned from the local demonstration projects, the

 9  Learning Gateway Steering Committee shall establish guidelines

10  for screening children from birth through age 9. The

11  guidelines should incorporate recent research on the

12  indicators most likely to predict early learning problems,

13  mild developmental delays, child-specific precursors of school

14  failure, and other related developmental indicators in the

15  domains of cognition; communication; attention; perception;

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

17  functioning.

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

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

20  Department of Children and Family Services, the Department of

21  Education, and the Agency for Workforce Innovation Florida

22  Partnership for School Readiness, shall identify the elements

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

24  education programs.

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

26  Statutes, is amended to read:

27         1001.23  Specific powers and duties of the Department

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

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

30  department shall:

31  

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 1         (1)  Adopt the statewide kindergarten school readiness

 2  uniform screening developed by the Florida Partnership for

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

 4  itemized in chapter 1008.

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

 6  1002.22, Florida Statutes, is amended to read:

 7         1002.22  Student records and reports; rights of parents

 8  and students; notification; penalty.--

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

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

11  center, or public postsecondary educational institution shall

12  have the following rights with respect to any records or

13  reports created, maintained, and used by any public

14  educational institution in the state. However, whenever a

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

16  postsecondary educational institution, the permission or

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

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

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

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

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

22  shall adopt rules whereby parents or students may exercise

23  these rights:

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

25  right of privacy with respect to the educational records kept

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

27  student, and any personal information contained therein, are

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

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

30  career center, or public postsecondary educational institution

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

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 1  information without the written consent of the student's

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

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

 4  agency, or organization. However, personally identifiable

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

 6  following persons or organizations without the consent of the

 7  student or the student's parent:

 8         1.  Officials of schools, school systems, career

 9  centers, or public postsecondary educational institutions in

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

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

12  student upon request.

13         2.  Other school officials, including teachers within

14  the educational institution or agency, who have legitimate

15  educational interests in the information contained in the

16  records.

17         3.  The United States Secretary of Education, the

18  Director of the National Institute of Education, the Assistant

19  Secretary for Education, the Comptroller General of the United

20  States, or state or local educational authorities who are

21  authorized to receive such information subject to the

22  conditions set forth in applicable federal statutes and

23  regulations of the United States Department of Education, or

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

25  Education.

26         4.  Other school officials, in connection with a

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

28         5.  Individuals or organizations conducting studies for

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

30  purpose of developing, validating, or administering predictive

31  tests, administering student aid programs, or improving

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

 2  manner that does as will not permit the personal

 3  identification of students and their parents by persons other

 4  than representatives of such organizations and if the such

 5  information will be destroyed when no longer needed for the

 6  purpose of conducting such studies.

 7         6.  Accrediting organizations, in order to carry out

 8  their accrediting functions.

 9         7.  Early learning School readiness coalitions and the

10  Agency for Workforce Innovation Florida Partnership for School

11  Readiness in order to carry out their assigned duties.

12         8.  For use as evidence in student expulsion hearings

13  conducted by a district school board under pursuant to the

14  provisions of chapter 120.

15         9.  Appropriate parties in connection with an

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

17  educational records is necessary to protect the health or

18  safety of the student or other individuals.

19         10.  The Auditor General and the Office of Program

20  Policy Analysis and Government Accountability in connection

21  with their official functions; however, except when the

22  collection of personally identifiable information is

23  specifically authorized by law, any data collected by the

24  Auditor General and the Office of Program Policy Analysis and

25  Government Accountability is confidential and exempt from the

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

27  way that does as will not permit the personal identification

28  of students and their parents by other than the Auditor

29  General, the Office of Program Policy Analysis and Government

30  Accountability, and their staff, and the such personally

31  identifiable data shall be destroyed when no longer needed for

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

 2  Analysis and Government Accountability's official use.

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

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

 5  accordance with pursuant to a lawfully issued subpoena, upon

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

 7  notified of the order or subpoena in advance of compliance

 8  therewith by the educational institution or agency.

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

10  court of competent jurisdiction in compliance with an order of

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

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

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

14  attending a postsecondary educational institution or a

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

16  152 of the Internal Revenue Code of 1954), is notified of the

17  order or subpoena in advance of compliance therewith by the

18  educational institution or agency.

19         12.  Credit bureaus, in connection with an agreement

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

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

22  extent necessary to enforce the terms or conditions of the

23  financial aid agreement. Credit bureaus shall not release any

24  information obtained under pursuant to this paragraph to any

25  person.

26         13.  Parties to an interagency agreement among the

27  Department of Juvenile Justice, school and law enforcement

28  authorities, and other signatory agencies for the purpose of

29  reducing juvenile crime and especially motor vehicle theft by

30  promoting cooperation and collaboration, and the sharing of

31  appropriate information in a joint effort to improve school

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

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

 3  out-of-school suspensions and expulsions that provide

 4  structured and well-supervised educational programs

 5  supplemented by a coordinated overlay of other appropriate

 6  services designed to correct behaviors that lead to truancy,

 7  suspensions, and expulsions, and that support students in

 8  successfully completing their education. Information provided

 9  in furtherance of the such interagency agreements is intended

10  solely for use in determining the appropriate programs and

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

12  coordinating the delivery of the such programs and services,

13  and as such is inadmissible in any court proceedings before

14  prior to a dispositional hearing unless written consent is

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

16  the juvenile.

17         14.  Consistent with the Family Educational Rights and

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

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

20  Department of Children and Family Services, as appropriate.

21  

22  This paragraph does not prohibit any educational institution

23  from publishing and releasing to the general public directory

24  information relating to a student if the institution elects to

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

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

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

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

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

30  general.  Any educational institution making directory

31  information public shall give public notice of the categories

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 1  of information that it has designated as directory information

 2  for with respect to all students attending the institution and

 3  shall allow a reasonable period of time after the such notice

 4  has been given for a parent or student to inform the

 5  institution in writing that any or all of the information

 6  designated should not be released.

 7         Section 14.  Paragraph (c) of subsection (3) of section

 8  1003.54, Florida Statutes, is amended to read:

 9         1003.54  Teenage parent programs.--

10         (3)

11         (c)  Provision for necessary child care, health care,

12  social services, parent education, and transportation shall be

13  ancillary service components of teenage parent programs.

14  Ancillary services may be provided through the coordination of

15  existing programs and services and through joint agreements

16  between district school boards and early learning local school

17  readiness coalitions or other appropriate public and private

18  providers.

19         Section 15.  Subsection (5) is added to section

20  1007.23, Florida Statutes, to read:

21         1007.23  Statewide articulation agreement.--

22         (5)  The articulation agreement must guarantee the

23  articulation of 9 credit hours toward a postsecondary degree

24  in early childhood education for programs approved by the

25  State Board of Education which:

26         (a)  Award a child development associate credential

27  issued by the National Credentialing Program of the Council

28  for Professional Recognition or award a credential approved

29  under s. 1002.55(3)(c)1.b. or s. 402.305(3)(c) as being

30  equivalent to the child development associate credential; and

31  

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 1         (b)  Include training in emergent literacy which meets

 2  or exceeds the minimum standards for training courses for

 3  prekindergarten instructors of the Voluntary Prekindergarten

 4  Education Program in s. 1002.59.

 5         Section 16.  (1)  The Florida Partnership for School

 6  Readiness is abolished. All powers, duties, functions, rules,

 7  records, personnel, property, and unexpended balances of

 8  appropriations, allocations, and other funds of the Florida

 9  Partnership for School Readiness are transferred by a type two

10  transfer, as defined in section 20.06(2), Florida Statutes, to

11  the Agency for Workforce Innovation.

12         (2)  This act does not abolish the school readiness

13  coalitions but redesignates the coalitions as early learning

14  coalitions and, effective April 1, 2005, requires a reduction

15  in the number of coalitions. All powers, duties, functions,

16  rules, records, personnel, property, and unexpended balances

17  of appropriations, allocations, and other funds of each school

18  readiness coalition are not transferred but shall be retained

19  by the early learning coalition upon its redesignation from a

20  school readiness coalition to an early learning coalition.

21         Section 17.  Sections 411.012 and 1008.21, Florida

22  Statutes, are repealed.

23         Section 18.  (1)  The sums of $1,090,399 from recurring

24  general revenue and $975,000 from nonrecurring general revenue

25  are appropriated in lump sum to, and 17 additional positions

26  are authorized for, the Department of Education for purposes

27  of administering the Voluntary Prekindergarten Education

28  Program during the 2004-2005 fiscal year.

29         (2)  The sums of $4,218,010 from recurring general

30  revenue and $5,275,000 from nonrecurring general revenue are

31  appropriated in lump sum to, and 20 additional positions are

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 1  authorized for, the Agency for Workforce Innovation for

 2  purposes of administering the Voluntary Prekindergarten

 3  Education Program during the 2004-2005 fiscal year. From these

 4  nonrecurring funds, $100,000 is provided for the Agency for

 5  Workforce Innovation to evaluate the potential of using

 6  electronic technology to administer and maintain attendance

 7  information and provider payment processes for the program.

 8  The Agency for Workforce Innovation shall submit a report of

 9  its recommendations to the Governor, the President of the

10  Senate, and the Speaker of the House of Representatives by

11  September 1, 2006. The recommendations must include the

12  recurring annual operating costs associated with the use of

13  any electronic technology that is recommended in the report.

14         (3)  The sums of $80,193 from recurring general revenue

15  and $140,037 from nonrecurring general revenue are

16  appropriated in lump sum to, and 5.5 additional positions are

17  authorized for, the Department of Children and Family Services

18  for purposes of administering the Voluntary Prekindergarten

19  Education Program during the 2004-2005 fiscal year.

20         Section 19.  Notwithstanding the provisions of section

21  216.177, Florida Statutes, which require a 14-day notice for

22  interim budget actions, and pursuant to section 216.351,

23  Florida Statutes, the Executive Office of the Governor shall

24  provide notice of the allocation of the lump-sum

25  appropriations authorized by this act into traditional

26  appropriation categories to the chair and vice chair of the

27  Legislative Budget Commission at least 3 working days before

28  the effective date of the allocation.

29         Section 20.  This act shall take effect upon becoming a

30  law.

31  

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 1          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
 2                         Senate Bill 2-A

 3                                 

 4  The Committee substitute requires each private prekindergarten
    provider or public school delivering a school-year
 5  kindergarten program to have for prekindergarten classes
    composed of eleven or more students, in addition to the
 6  required instructor who has specified credentials and
    training, an additional instructor who is not required to have
 7  the credentials or training but must meet requirements of good
    moral character, fingerprinting and background screening.
 8  

 9  

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