Senate Bill sb1756
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Florida Senate - 2005 SB 1756
By the Committee on Commerce and Consumer Services
577-1367B-05
1 A bill to be entitled
2 An act relating to early learning; amending s.
3 411.01, F.S.; requiring early learning
4 coalitions to provide parents with profiles of
5 school readiness providers; deleting
6 authorization for coalitions to receive
7 subsidized child care funds for all children
8 eligible for certain federal programs;
9 authorizing the Agency for Workforce Innovation
10 to allow coalitions to pay a rate differential
11 to providers under certain circumstances;
12 revising eligibility criteria and priorities
13 for participation in school readiness programs;
14 conforming provisions; creating s. 411.0101,
15 F.S.; authorizing early learning coalitions to
16 establish school-age readiness services under
17 certain circumstances; providing requirements
18 for these services; establishing eligibility
19 criteria and priorities for participation in
20 school-age readiness services; limiting the use
21 of school readiness funds for school-age
22 readiness services; transferring, renumbering,
23 and amending s. 402.3145, F.S.; revising
24 requirements for transportation services in
25 school readiness programs; conforming
26 provisions; authorizing contracts; deleting
27 obsolete references to a repealed program;
28 transferring, renumbering, and amending s.
29 402.3017, F.S.; providing requirements for
30 school readiness quality initiatives; revising
31 requirements for the Teacher Education and
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1 Compensation Helps scholarship program;
2 establishing requirements for the Home
3 Instruction for Parents of Preschool Youngsters
4 Program; transferring, renumbering, and
5 amending s. 409.178, F.S.; revising
6 requirements for the Child Care Executive
7 Partnership Program; deleting a short title and
8 legislative intent; revising requirements for
9 family income; deleting obsolete references to
10 a repealed program; requiring the Agency for
11 Workforce Innovation to provide for staff;
12 revising provisions for the administration of
13 purchasing pools; providing for the adoption of
14 rules; amending s. 411.0105, F.S.; revising
15 federal lead agency responsibilities; requiring
16 a contract; transferring, renumbering, and
17 amending s. 402.27, F.S.; revising provisions
18 for the statewide resource and referral
19 network; conforming provisions; transferring,
20 renumbering, and amending s. 402.3051, F.S.;
21 revising definitions for purposes of child care
22 market rate reimbursement; revising
23 requirements for calculating the market rate
24 and prevailing market rate; requiring the
25 adoption of a prevailing market-rate schedule;
26 transferring, renumbering, and amending s.
27 402.3018, F.S.; providing for technical
28 assistance to child care and early learning
29 providers; conforming provisions; transferring,
30 renumbering, and amending s. 402.25, F.S.;
31 revising requirements for activities to foster
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1 brain development in infants and toddlers in
2 certain state-funded programs; conforming
3 provisions; amending s. 411.011, F.S.,
4 conforming a cross-reference; transferring,
5 renumbering, and amending s. 402.3016, F.S.;
6 revising provisions for Early Head Start
7 collaboration grants; requiring the Agency for
8 Workforce Innovation to submit a report;
9 providing an appropriation; providing an
10 effective date.
11
12 Be It Enacted by the Legislature of the State of Florida:
13
14 Section 1. Paragraphs (c), (d), and (e) of subsection
15 (5), and subsections (6) and (11) of section 411.01, Florida
16 Statutes, as amended by section 2 of chapter 2004-484, Laws of
17 Florida, are amended to read:
18 411.01 School readiness programs; early learning
19 coalitions.--
20 (5) CREATION OF EARLY LEARNING COALITIONS.--
21 (c) Program expectations.--
22 1. The school readiness program must meet the
23 following expectations:
24 a. The program must, at a minimum, enhance the
25 age-appropriate progress of each child in the development of
26 the school readiness skills required under paragraph (4)(j),
27 as measured by the performance standards and outcome measures
28 adopted by the Agency for Workforce Innovation.
29 b. The program must provide extended-day and
30 extended-year services to the maximum extent possible to meet
31 the needs of parents who work.
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1 c. There must be coordinated staff development and
2 teaching opportunities.
3 d. There must be expanded access to community services
4 and resources for families to help achieve economic
5 self-sufficiency.
6 e. There must be a single point of entry and unified
7 waiting list. As used in this sub-subparagraph, the term
8 "single point of entry" means an integrated information system
9 that allows a parent to enroll his or her child in the school
10 readiness program at various locations throughout the county
11 or multicounty region served by an early learning coalition,
12 that may allow a parent to enroll his or her child by
13 telephone or through an Internet website, and that uses a
14 unified waiting list to track eligible children waiting for
15 enrollment in the school readiness program. The Agency for
16 Workforce Innovation shall establish a single statewide
17 information system that integrates each early learning
18 coalition's single point of entry, and each coalition must use
19 the statewide system.
20 f. Each early learning coalition shall provide each
21 parent enrolling a child in the coalition's school readiness
22 program with a profile of every school readiness provider
23 delivering the program within the coalition's county or
24 multicounty region. The profiles shall be provided to parents
25 in a format prescribed by the Agency for Workforce Innovation.
26 The profiles must include, at a minimum, the following
27 information about each provider:
28 (I) The provider's services, curriculum, instructor
29 credentials, and instructor-to-student ratio;
30 (II) Whether the provider delivers the Voluntary
31 Prekindergarten Education Program; and
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1 (III) If the provider delivers the Voluntary
2 Prekindergarten Education Program, the provider's kindergarten
3 readiness rate calculated in accordance with s. 1002.69, based
4 upon the most recent available results of the statewide
5 kindergarten screening.
6 g.f. The Agency for Workforce Innovation must consider
7 the access of eligible children to the school readiness
8 program, as demonstrated in part by waiting lists, before
9 approving a proposed increase in payment rates submitted by an
10 early learning coalition. In addition, early learning
11 coalitions shall use school readiness funds made available due
12 to enrollment shifts from school readiness programs to the
13 Voluntary Prekindergarten Education Program for increasing the
14 number of children served in school readiness programs before
15 increasing payment rates.
16 h.g. There must be a community plan to address the
17 needs of all eligible children.
18 i.h. The program must meet all state licensing
19 guidelines, where applicable.
20 2. The early learning coalition must implement a
21 comprehensive program of school readiness services that
22 enhance the cognitive, social, and physical development of
23 children to achieve the performance standards and outcome
24 measures adopted by the Agency for Workforce Innovation. At a
25 minimum, these programs must contain the following elements:
26 a. Developmentally appropriate curriculum designed to
27 enhance the age-appropriate progress of children in attaining
28 the performance standards adopted by the Agency for Workforce
29 Innovation under subparagraph (4)(d)8.
30 b. A character development program to develop basic
31 values.
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1 c. An age-appropriate assessment of each child's
2 development.
3 d. A pretest administered to children when they enter
4 a program and a posttest administered to children when they
5 leave the program.
6 e. An appropriate staff-to-children ratio.
7 f. A healthy and safe environment.
8 g. A resource and referral network to assist parents
9 in making an informed choice.
10 (d) Implementation.--
11 1. An early learning coalition may not implement the
12 school readiness program until the coalition is authorized
13 through approval of the coalition's school readiness plan by
14 the Agency for Workforce Innovation.
15 2. Each early learning coalition shall develop a plan
16 for implementing the school readiness program to meet the
17 requirements of this section and the performance standards and
18 outcome measures adopted by the Agency for Workforce
19 Innovation. The plan must demonstrate how the program will
20 ensure that each 3-year-old and 4-year-old child in a publicly
21 funded school readiness program receives scheduled activities
22 and instruction designed to enhance the age-appropriate
23 progress of the children in attaining the performance
24 standards adopted by the Agency for Workforce Innovation under
25 subparagraph (4)(d)8. Before implementing the school readiness
26 program, the early learning coalition must submit the plan to
27 the Agency for Workforce Innovation for approval. The Agency
28 for Workforce Innovation may approve the plan, reject the
29 plan, or approve the plan with conditions. The Agency for
30 Workforce Innovation shall review school readiness plans at
31 least annually.
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1 3. If the Agency for Workforce Innovation determines
2 during the annual review of school readiness plans, or through
3 monitoring and performance evaluations conducted under
4 paragraph (4)(l), that an early learning coalition has not
5 substantially implemented its plan, has not substantially met
6 the performance standards and outcome measures adopted by the
7 agency, or has not effectively administered the school
8 readiness program or Voluntary Prekindergarten Education
9 Program, the Agency for Workforce Innovation may dissolve the
10 coalition and temporarily contract with a qualified entity to
11 continue school readiness and prekindergarten services in the
12 coalition's county or multicounty region until the coalition
13 is reestablished through resubmission of a school readiness
14 plan and approval by the agency.
15 4. The Agency for Workforce Innovation shall adopt
16 criteria for the approval of school readiness plans. The
17 criteria must be consistent with the performance standards and
18 outcome measures adopted by the agency and must require each
19 approved plan to include the following minimum standards and
20 provisions:
21 a. A sliding fee scale establishing a copayment for
22 parents based upon their ability to pay, which is the same for
23 all program providers, to be implemented and reflected in each
24 program's budget.
25 b. A choice of settings and locations in licensed,
26 registered, religious-exempt, or school-based programs to be
27 provided to parents.
28 c. Instructional staff who have completed the training
29 course as required in s. 402.305(2)(d)1., as well as staff who
30 have additional training or credentials as required by the
31 Agency for Workforce Innovation. The plan must provide a
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1 method for assuring the qualifications of all personnel in all
2 program settings.
3 d. Specific eligibility priorities for children within
4 the early learning coalition's county or multicounty region in
5 accordance with subsection (6).
6 e. Performance standards and outcome measures adopted
7 by the Agency for Workforce Innovation.
8 f. Payment rates adopted by the early learning
9 coalition and approved by the Agency for Workforce Innovation.
10 Payment rates may not have the effect of limiting parental
11 choice or creating standards or levels of services that have
12 not been authorized by the Legislature.
13 g. Systems support services, including a central
14 agency, child care resource and referral, eligibility
15 determinations, training of providers, and parent support and
16 involvement.
17 h. Direct enhancement services to families and
18 children. System support and direct enhancement services shall
19 be in addition to payments for the placement of children in
20 school readiness programs.
21 i. The business organization of the early learning
22 coalition, which must include the coalition's articles of
23 incorporation and bylaws if the coalition is organized as a
24 corporation. If the coalition is not organized as a
25 corporation or other business entity, the plan must include
26 the contract with a fiscal agent. An early learning coalition
27 may contract with other coalitions to achieve efficiency in
28 multicounty services, and these contracts may be part of the
29 coalition's school readiness plan.
30 j. Strategies to meet the needs of unique populations,
31 such as migrant workers.
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1
2 As part of the school readiness plan, the early learning
3 coalition may request the Governor to apply for a waiver to
4 allow the coalition to administer the Head Start Program to
5 accomplish the purposes of the school readiness program. If a
6 school readiness plan demonstrates that specific statutory
7 goals can be achieved more effectively by using procedures
8 that require modification of existing rules, policies, or
9 procedures, a request for a waiver to the Agency for Workforce
10 Innovation may be submitted as part of the plan. Upon review,
11 the Agency for Workforce Innovation may grant the proposed
12 modification.
13 5. Persons with an early childhood teaching
14 certificate may provide support and supervision to other staff
15 in the school readiness program.
16 6. An early learning coalition may not implement its
17 school readiness plan until it submits the plan to and
18 receives approval from the Agency for Workforce Innovation.
19 Once the plan is approved, the plan and the services provided
20 under the plan shall be controlled by the early learning
21 coalition. The plan shall be reviewed and revised as
22 necessary, but at least biennially. An early learning
23 coalition may not implement the revisions until the coalition
24 submits the revised plan to and receives approval from the
25 Agency for Workforce Innovation. If the Agency for Workforce
26 Innovation rejects a revised plan, the coalition must continue
27 to operate under its prior approved plan.
28 7. Sections 125.901(2)(a)3., 411.221, and 411.232 do
29 not apply to an early learning coalition with an approved
30 school readiness plan. To facilitate innovative practices and
31 to allow the regional establishment of school readiness
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1 programs, an early learning coalition may apply to the
2 Governor and Cabinet for a waiver of, and the Governor and
3 Cabinet may waive, any of the provisions of ss. 411.223,
4 411.232, and 1003.54, if the waiver is necessary for
5 implementation of the coalition's school readiness plan.
6 8. Two or more counties may join for purposes of
7 planning and implementing a school readiness program.
8 9. An early learning coalition may, subject to
9 approval by the Agency for Workforce Innovation as part of the
10 coalition's school readiness plan, receive subsidized child
11 care funds for all children eligible for any federal
12 subsidized child care program.
13 9.10. An early learning coalition may enter into
14 multiparty contracts with multicounty service providers in
15 order to meet the needs of unique populations such as migrant
16 workers.
17 (e) Requests for proposals; payment schedule.--
18 1. Each early learning coalition must comply with s.
19 287.057 for the procurement of commodities or contractual
20 services from the funds described in paragraph (9)(d). The
21 period of a contract for purchase of these commodities or
22 contractual services, together with any renewal of the
23 original contract, may not exceed 3 years.
24 2. Each early learning coalition shall adopt a payment
25 schedule that encompasses all programs funded by the coalition
26 under this section. The payment schedule must take into
27 consideration the prevailing market-rate schedule adopted
28 under s. 411.0107 relevant market rate, must include the
29 projected number of children to be served, and must be
30 submitted for approval by the Agency for Workforce Innovation.
31 Informal child care arrangements shall be reimbursed at not
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1 more than 50 percent of the rate developed for a family day
2 care home. The Agency for Workforce Innovation may authorize
3 early learning coalitions to use school readiness funds for
4 providing a rate differential or stipend to school readiness
5 providers that:
6 a. Hold a current Gold Seal Quality Care designation
7 under s. 402.281; and
8 b. Demonstrate, as verified by the early learning
9 coalition, that the provider complies with each of the
10 requirements of the coalition's school readiness program and
11 this section, including, but not limited to, the program
12 elements listed in subparagraph (5)(c)2.
13
14 The rate differential may not exceed 20 percent of the payment
15 rate for providers that do not qualify for the rate
16 differential under sub-subparagraphs a. and b.
17 (6) PROGRAM ELIGIBILITY.--Each early learning
18 coalition's school readiness program shall be established for
19 children from birth to the beginning of the school year for
20 which a child is eligible for admission to kindergarten in a
21 public school under s. 1003.21(1)(a)2. Each early learning
22 coalition shall give priority for participation in its the
23 school readiness program, as follows:
24 (a) Priority shall be given first to children from
25 families in which there is an adult receiving temporary cash
26 assistance who is subject to federal work requirements.
27 (b) Priority shall be given next to children age 3
28 years to school entry who are served by the Family Safety
29 Program Office of the Department of Children and Family
30 Services or a community-based lead agency under chapter 39 and
31 for whom child care is needed to minimize risk of further
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1 abuse, neglect, or abandonment. Other eligible populations
2 include children who meet one or more of the following
3 criteria:
4 (c) Subsequent priority shall be given to children who
5 meet one or more of the following criteria:
6 1.(a) Children under the age of kindergarten
7 eligibility who are:
8 1. Children determined to be at risk of abuse,
9 neglect, or exploitation who are currently clients of the
10 Family Safety Program Office of the Department of Children and
11 Family Services, but who are not otherwise given priority
12 under this subsection.
13 a.2. Children at risk of welfare dependency, including
14 economically disadvantaged children, children of participants
15 in the welfare transition program, children of migrant
16 farmworkers, and children of teen parents.
17 b.3. Children of working families whose family income
18 does not exceed 150 percent of the federal poverty level.
19 c.4. Children for whom the state is paying a relative
20 caregiver payment under s. 39.5085.
21 2.(b) Three-year-old children and 4-year-old children
22 who may not be economically disadvantaged but who have
23 disabilities, have been served in a specific part-time or
24 combination of part-time exceptional education programs with
25 required special services, aids, or equipment, and were
26 previously reported for funding part time with the Florida
27 Education Finance Program as exceptional students.
28 3.(c) Economically disadvantaged children, children
29 with disabilities, and children at risk of future school
30 failure, from birth to 4 years of age, who are served at home
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1 through home visitor programs and intensive parent education
2 programs.
3 4.(d) Children who meet federal and state eligibility
4 requirements for the migrant preschool program but who do not
5 meet the criteria of economically disadvantaged.
6
7 As used in this subsection, the term "economically
8 disadvantaged" child means a child whose family income does
9 not exceed 150 percent of the federal poverty level.
10 Notwithstanding any change in a family's economic status, but
11 subject to additional family contributions in accordance with
12 the sliding fee scale, a child who meets the eligibility
13 requirements upon initial registration for the program remains
14 eligible until the beginning of the school year for which the
15 child is eligible for admission to kindergarten in a public
16 school under s. 1003.21(1)(a)2.
17 (11) PLACEMENTS.--Notwithstanding any other provision
18 of this section to the contrary, the first children to be
19 placed in the school readiness program shall be those from
20 families receiving temporary cash assistance and subject to
21 federal work requirements. Subsequent placements shall be made
22 in accordance with subsection (6).
23 Section 2. Section 411.0101, Florida Statutes, is
24 created to read:
25 411.0101 School-age readiness services.--
26 (1) Notwithstanding the age requirements of s.
27 411.01(5)(b) and (6), each early learning coalition, if
28 approved by the Agency for Workforce Innovation as part of the
29 coalition's school readiness plan, may establish school-age
30 readiness services for children who meet the age requirements
31 for services under federal regulations governing the federal
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1 Child Care and Development Fund, 45 C.F.R. parts 98 and 99,
2 but who are ineligible for school readiness programs under s.
3 411.01(5)(b) and (6) because of age.
4 (2) School-age readiness services authorized under
5 this section are part of the early learning coalition's school
6 readiness program. Except as provided in this section, s.
7 411.01 applies to school-age readiness services. The following
8 provisions do not apply to school-age readiness services:
9 (a) The provisions of s. 411.01(4)(j) and (5)(c)1.a.
10 which require that school readiness services must enhance the
11 age-appropriate progress of children in the development of the
12 school readiness skills listed in s. 411.01(4)(j).
13 (b) The provisions of s. 411.01(5)(c)2.d. which
14 require pretests and posttests.
15 (3) Each early learning coalition shall give priority
16 for participation in its school-age readiness services, as
17 follows:
18 (a) Priority shall be given first to a child from a
19 family in which there is an adult receiving temporary cash
20 assistance who is subject to federal work requirements.
21 (b) Priority shall be given next to a child who is
22 served by the Family Safety Program Office of the Department
23 of Children and Family Services or a community-based lead
24 agency under chapter 39 and for whom school-age readiness
25 services are needed to minimize the risk of further abuse,
26 neglect, or abandonment.
27 (c) Subsequent priority shall be given to a child who
28 meets one or more of the criteria, notwithstanding the age
29 requirements, in s. 411.01(6)(c).
30 (4)(a) Except as provided in paragraph (b), an early
31 learning coalition may not expend for school-age readiness
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1 services more than 25 percent of the total school readiness
2 funds paid by the coalition to providers for school readiness
3 services.
4 (b) An early learning coalition may expend a larger
5 percentage of its school readiness funds for school-age
6 readiness services than authorized under paragraph (a) if
7 necessary to serve each child who is eligible under paragraphs
8 (3)(a) and (b). If, under this paragraph, a coalition expends
9 a larger percentage of its school readiness funds for
10 school-age readiness services than authorized under paragraph
11 (a), the coalition may not provide school-age readiness
12 services for children eligible under paragraph (3)(c).
13 Section 3. Section 402.3145, Florida Statutes, is
14 transferred, renumbered as section 411.0102, Florida Statutes,
15 and amended to read:
16 411.0102 402.3145 School readiness Subsidized child
17 care transportation services program.--
18 (1) The Agency for Workforce Innovation may
19 department, pursuant to chapter 427, shall establish school
20 readiness a subsidized child care transportation services
21 system for children, including children at risk of abuse or
22 neglect, participating in an early learning coalition's school
23 readiness the subsidized child care program. If approved by
24 the Agency for Workforce Innovation as part of the coalition's
25 school readiness plan, an early learning coalition may state
26 community child care coordination agencies shall contract for
27 the provision of the transportation services authorized as
28 required by this section. Contracts awarded under this section
29 must comply with the competitive procurement requirements in
30 s. 411.01(5)(e)1.
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1 (2) If provided for by an early learning coalition,
2 these The transportation services may system shall provide
3 transportation for children to each child participating in the
4 coalition's school readiness program subsidized child care
5 when, and only if when, transportation is necessary to provide
6 school readiness services that child care opportunities which
7 otherwise would not be available to a child whose home is more
8 than a reasonable walking distance from the nearest school
9 readiness provider child care facility or family day care
10 home.
11 Section 4. Section 402.3017, Florida Statutes, is
12 transferred, renumbered as section 411.0103, Florida Statutes,
13 and amended to read:
14 411.0103 402.3017 School readiness quality initiatives
15 Teacher Education and Compensation Helps (TEACH) scholarship
16 program.--
17 (1) The Legislature finds that the level of early
18 child care teacher education and training is a key predictor
19 for determining program quality. The Legislature also finds
20 that low wages for child care workers prevent many from
21 obtaining increased training and education and contribute to
22 high turnover rates. The Legislature therefore intends to
23 help fund a program which links teacher training and education
24 to compensation and commitment to the field of early childhood
25 education.
26 (1)(2) The Agency for Workforce Innovation may
27 Department of Children and Family Services is authorized to
28 contract for the administration of the Teacher Education and
29 Compensation Helps (TEACH) Early Childhood Project. The
30 project shall be based on its national model and shall provide
31 scholarship program, which provides educational scholarships
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1 to directors or operators and caregivers and administrators of
2 early childhood programs, family day care homes, and large
3 family child care personnel as defined in s. 402.302 and
4 prekindergarten directors and prekindergarten instructors as
5 defined in s. 1002.51 homes.
6 (2) The Agency for Workforce Innovation may contract
7 for the administration of the Home Instruction for Parents of
8 Preschool Youngsters (HIPPY) Program. The program shall be
9 based on its national model and shall encourage parental
10 involvement in early learning programs by providing parents
11 with assistance in preparing their children for school.
12 (3) The Agency for Workforce Innovation may department
13 shall adopt rules under ss. 120.536(1) and 120.54 as necessary
14 to administer implement this section.
15 (4) For the 2004-2005 fiscal year only, the Agency for
16 Workforce Innovation shall administer this section. This
17 subsection expires July 1, 2005.
18 Section 5. Section 409.178, Florida Statutes, is
19 transferred, renumbered as section 411.0104, Florida Statutes,
20 and amended to read:
21 411.0104 409.178 Early Learning Child Care Executive
22 Partnership Act; findings and intent; grant; limitation;
23 rules.--
24 (1) This section may be cited as the "Child Care
25 Executive Partners Act."
26 (2)(a) The Legislature finds that when private
27 employers provide onsite child care or provide other child
28 care benefits, they benefit by improved recruitment and higher
29 retention rates for employees, lower absenteeism, and improved
30 employee morale. The Legislature also finds that there are
31 many ways in which private employers can provide child care
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1 assistance to employees: information and referral, vouchering,
2 employer contribution to child care programs, and onsite care.
3 Private employers can offer child care as part of a menu of
4 employee benefits. The Legislature recognizes that flexible
5 compensation programs providing a child care option are
6 beneficial to the private employer through increased
7 productivity, to the private employee in knowing that his or
8 her children are being cared for in a safe and nurturing
9 environment, and to the state in more dollars being available
10 for purchasing power and investment.
11 (b) It is the intent of the Legislature to promote
12 public/private partnerships to ensure that the children of the
13 state be provided safe and enriching child care at any time,
14 but especially while parents work to remain self-sufficient.
15 It is the intent of the Legislature that private employers be
16 encouraged to participate in the future of this state by
17 providing employee child care benefits. Further, it is the
18 intent of the Legislature to encourage private employers to
19 explore innovative ways to assist employees to obtain quality
20 child care.
21 (c) The Legislature further recognizes that many
22 parents need assistance in paying the full costs of quality
23 child care. The public and private sectors, by working in
24 partnership, can promote and improve access to quality child
25 care and early education for children of working families who
26 need it. Therefore, a more formal mechanism is necessary to
27 stimulate the establishment of public-private partnerships. It
28 is the intent of the Legislature to expand the availability of
29 scholarship options for working families by providing
30 incentives for employers to contribute to meeting the needs of
31
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1 their employees' families through matching public dollars
2 available for child care.
3 (1)(a)(3) There is created as a body politic and
4 corporate known as the Early Learning Child Care Executive
5 Partnership, which shall establish and govern the Early
6 Learning Child Care Executive Partnership Program.
7 (b) The purpose of the Early Learning Child Care
8 Executive Partnership Program is to use utilize state and
9 federal funds as incentives for matching local funds derived
10 from local governments, employers, charitable foundations, and
11 other sources, in order so that Florida communities in this
12 state may create local flexible partnerships with employers.
13 (c) The Early Learning Child Care Executive
14 Partnership Program funds shall be used at the discretion of
15 local communities to meet the needs of working parents. An
16 early learning A child care purchasing pool shall be developed
17 with the state, federal, and local funds to provide subsidies
18 to low-income working parents whose family income does not
19 exceed 200 percent of the federal poverty level who are
20 eligible for subsidized child care with a dollar-for-dollar
21 match from employers, local government, and other matching
22 contributions. The funds used from the early learning child
23 care purchasing pool must be used to supplement or extend the
24 use of existing public or private funds.
25 (2)(4) The Early Learning Child Care Executive
26 Partnership, staffed by the department, shall consist of a
27 representative of the Executive Office of the Governor and
28 nine members of the corporate or early learning child care
29 community, appointed by the Governor.
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31
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1 (a) Members shall serve for a period of 4 years,
2 except that the representative of the Executive Office of the
3 Governor shall serve at the pleasure of the Governor.
4 (b) The Early Learning Child Care Executive
5 Partnership shall be chaired by a member chosen by a majority
6 vote and shall meet at least quarterly and at other times upon
7 the call of the chair.
8 (c) Members shall serve without compensation, but may
9 be reimbursed for per diem and travel expenses in accordance
10 with s. 112.061.
11 (d) The Early Learning Child Care Executive
12 Partnership has shall have all the powers and authority, not
13 explicitly prohibited by law statute, necessary to administer
14 carry out and effectuate the purposes of this section, as well
15 as the functions, duties, and responsibilities of the
16 partnership, including, but not limited to, the following:
17 1. Assisting in the formulation and coordination of
18 the state's early learning child care policy.
19 2. Adopting an official seal.
20 3. Soliciting, accepting, receiving, investing, and
21 expending funds from public or private sources.
22 4. Contracting with public or private entities as
23 necessary.
24 5. Approving an annual budget.
25 6. Carrying forward any unexpended state
26 appropriations into succeeding fiscal years.
27 7. Providing a report to the Governor, the Speaker of
28 the House of Representatives, and the President of the Senate,
29 on or before December 1 of each year.
30 (e) The Agency for Workforce Innovation shall provide,
31 or shall contract with a qualified entity using a request for
20
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1 proposals to provide, staff for the Early Learning Executive
2 Partnership.
3 (3)(5)(a) The Legislature shall annually determine the
4 amount of state and or federal funds low-income child care
5 moneys which shall be used to create the Early Learning Child
6 Care Executive Partnership Program's Program child care
7 purchasing pools in counties chosen by the Early Learning
8 Child Care Executive Partnership and statewide purchasing
9 pools established by the Agency for Workforce Innovation. A
10 purchasing pool must be created in, provided that at least two
11 of the counties that have populations of no more than 300,000
12 or fewer persons. The Legislature shall annually review the
13 effectiveness of the early learning child care purchasing pool
14 program and reevaluate the percentage of additional state or
15 federal funds, if any, that may can be used for the program's
16 expansion.
17 (b) The Agency for Workforce Innovation To ensure a
18 seamless service delivery and ease of access for families, the
19 community coordinated child care agencies or the state
20 resource and referral agency shall administer the statewide
21 child care purchasing pool funds, and the respective early
22 learning coalition shall administer the purchasing pool funds
23 of a county served by the coalition.
24 (c) The Agency for Workforce Innovation department, in
25 conjunction with the Early Learning Child Care Executive
26 Partnership, shall develop procedures for disbursement of
27 funds through the early learning child care purchasing pools.
28 In order to be considered for funding, the entity
29 administering the purchasing pool community coordinated child
30 care agency or the statewide resource and referral agency must
31 commit to:
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1 1. Matching the state and federal purchasing pool
2 funds allocated to the purchasing pool on a dollar-for-dollar
3 basis; and
4 2. Expending only those state and federal public funds
5 that which are matched by employers, local government, and
6 other matching contributors who contribute to the purchasing
7 pool. Parents shall also pay a fee, which must shall be not be
8 less than the amount identified in the department's subsidized
9 child care sliding fee scale adopted by the early learning
10 coalition for its school readiness program.
11 (d) Each early learning coalition must community
12 coordinated child care agency shall be required to establish a
13 community child care task force for each early learning child
14 care purchasing pool. The task force must be composed of
15 employers, parents, private child care providers, and one
16 representative from the local children's services council, if
17 one exists in the area of the purchasing pool. The early
18 learning coalition shall community coordinated child care
19 agency is expected to recruit the task force members from
20 existing child care councils, commissions, or task forces
21 already operating in the area of the a purchasing pool. A
22 majority of the task force shall consist of employers. Each
23 task force shall develop a plan for the use of the early
24 learning child care purchasing pool funds. The plan must
25 demonstrate show how many children will be served by the
26 purchasing pool, how many will be new to receiving early
27 learning child care services, and how the early learning
28 coalition community coordinated child care agency intends to
29 attract new employers and their employees to the program.
30 (4)(6) The Agency for Workforce Innovation may
31 Department of Children and Family Services shall adopt any
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1 rules under ss. 120.536(1) and 120.54 to administer necessary
2 for the implementation and administration of this section.
3 Section 6. Section 411.0105, Florida Statutes, is
4 amended to read:
5 411.0105 Federal Early Learning Opportunities Act and
6 Even Start Family Literacy Programs; lead agency
7 responsibilities.--
8 (1) The Governor may designate the Agency for
9 Workforce Innovation as the lead agency for purposes of
10 administering the federal Child Care and Development Fund, 45
11 C.F.R. parts 98 and 99, and the federal Early Learning
12 Opportunities Act, 20 U.S.C. ss. 9401-9413. If designated as
13 the lead agency, the Agency for Workforce Innovation must
14 comply with the lead agency responsibilities under federal
15 law.
16 (2)(a) For purposes of administration of the William
17 F. Goodling Early Learning Opportunities Act and the Even
18 Start Family Literacy Programs, 20 U.S.C. ss. 6381-6381k
19 pursuant to Pub. L. No. 106-554, the Department of Education
20 Agency for Workforce Innovation is designated as the lead
21 agency and must comply with the lead agency responsibilities
22 under pursuant to federal law.
23 (b) The Department of Education shall contract with
24 the Agency for Workforce Innovation to administer the William
25 F. Goodling Even Start Family Literacy Programs.
26 Section 7. Section 402.27, Florida Statutes, is
27 transferred, renumbered as section 411.0106, Florida Statutes,
28 and amended to read:
29 411.0106 402.27 Child care and early learning
30 childhood resource and referral.--The Agency for Workforce
31 Innovation Department of Children and Family Services shall
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1 establish a statewide child care resource and referral
2 network. The network shall be composed of a state resource and
3 referral agency and a system of local agencies. Preference
4 shall be given to using the already established central
5 agencies for subsidized child care as the child care resource
6 and referral agency. If the agency cannot comply with the
7 requirements to offer the resource information component or
8 does not want to offer that service, The Agency for Workforce
9 Innovation Department of Children and Family Services shall
10 select the state resource and referral information agency
11 using based upon a request for proposals proposal. Each early
12 learning coalition shall establish at least one local child
13 care resource and referral agency must be established in each
14 county or multicounty region served by the coalition district
15 of the department, but no more than one local agency may be
16 established in a any county. Child care Resource and referral
17 agencies shall provide the following services:
18 (1) Identification of existing public and private
19 child care and early learning providers childhood education
20 services, including child care services by public and private
21 employers, and the development of a database resource file of
22 those providers services. These providers services may include
23 a family day care, public and private child care provider that
24 is licensed, exempt from licensure, or registered under ss.
25 402.301-402.319; a private prekindergarten provider or public
26 school delivering the Voluntary Prekindergarten Education
27 Program under part V of chapter 1002; a school readiness
28 provider participating in an early learning coalition's school
29 readiness program; a programs, Head Start program;,
30 prekindergarten early intervention programs, special education
31 programs for prekindergarten handicapped children with
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1 disabilities;, services for children with developmental
2 disabilities;, full-time and part-time programs; school-age
3 readiness program;, before-school and after-school programs,
4 vacation care programs;, parent education; a welfare
5 transition, the WAGES program;, and related family support
6 services. The database resource file shall include, but not be
7 limited to, the following information:
8 (a) Type of child care and early learning provider
9 program.
10 (b) Hours of service.
11 (c) Ages of children served.
12 (d) Number of children served.
13 (e) Significant program information.
14 (f) Fees and eligibility for services.
15 (g) Availability of transportation.
16 (2) The establishment of a referral process that which
17 responds to parental need for information and that which is
18 provided with full recognition of the confidentiality rights
19 of parents. Resource and referral agencies may only programs
20 shall make referrals to licensed child care providers, except
21 that a referral may facilities. Referrals shall be made to an
22 unlicensed provider child care facility or arrangement only if
23 there is no requirement that the provider is not required to
24 facility or arrangement be licensed.
25 (3) Maintenance of ongoing documentation of requests
26 for service tabulated through the internal referral process.
27 The following documentation of requests for service shall be
28 maintained by each all child care resource and referral agency
29 agencies:
30
31
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1 (a) Number of calls and contacts to the resource child
2 care information and referral agency component by the type of
3 provider service requested.
4 (b) Ages of children for whom child care or early
5 learning services are service was requested.
6 (c) Time category of child care or early learning
7 requests for each child.
8 (d) Special time category, such as nights, weekends,
9 and swing shifts shift.
10 (e) Reason that the child care or early learning
11 services are is needed.
12 (f) Name of the employer and primary focus of the
13 business.
14 (4) Provision of technical assistance to existing and
15 potential providers of child care and early learning providers
16 services. This assistance may include:
17 (a) Information on initiating new child care or early
18 learning services, zoning, and program and budget development
19 and assistance in finding the such information from other
20 sources.
21 (b) Information and resources that assist which help
22 existing child care and early learning services providers to
23 maximize their ability to serve children and parents in their
24 community.
25 (c) Information and incentives that may assist which
26 could help existing or planned child care or early learning
27 services offered by public or private employers seeking to
28 maximize their ability to serve the children of their working
29 parent employees who are working parents in their community,
30 through contractual or other funding arrangements with
31 businesses.
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1 (5) Assistance to families and employers in applying
2 for various early learning programs, sources of subsidy
3 including, but not limited to, the Voluntary Prekindergarten
4 Education Program; a coalition's school readiness program; a
5 subsidized child care, Head Start program;, prekindergarten
6 early intervention programs, Project Independence, private
7 scholarships;, and the federal child and dependent care tax
8 credit.
9 (6) Assistance to state agencies in determining the
10 prevailing market rate for child care.
11 (7) Assistance in negotiating discounts or other
12 special arrangements with child care and early learning
13 providers.
14 (8) Information and assistance to local interagency
15 councils coordinating services for prekindergarten handicapped
16 children with disabilities.
17 (9) Assistance to families in identifying summer
18 recreation camp and summer day camp programs and in evaluating
19 the health and safety qualities of summer recreation camp, and
20 summer day camp, programs and in evaluating the health and
21 safety qualities of summer camp programs. Subject to
22 legislative Contingent upon specific appropriation, a
23 checklist of important health and safety qualities that
24 parents may can use to choose their summer camp programs shall
25 be developed and distributed in a manner that will reach
26 parents interested in these such programs for their children.
27 (10) Each A child care provider facility licensed or
28 registered under ss. 402.301-402.319, and each early learning
29 provider receiving state or federal funds, s. 402.305 and
30 licensed and registered family day care homes must provide the
31
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1 local statewide child care and resource and referral agency
2 agencies with the following information annually:
3 (a) Type of child care or early learning provider
4 program.
5 (b) Hours of service.
6 (c) Ages of children served.
7 (d) Fees and eligibility for services.
8 Section 8. Section 402.3051, Florida Statutes, is
9 transferred, renumbered as section 411.0107, Florida Statutes,
10 and amended to read:
11 411.0107 402.3051 Prevailing market-rate schedule
12 Child care market rate reimbursement; child care grants.--
13 (1) As used in this section, the term:
14 (a) "Child care program assessment tool" means an
15 assessment instrument designated or developed by the
16 department to determine quality child care and other child
17 development services to children under the provision of s.
18 402.3015, Title IV-A of the Social Security Act, and the Child
19 Care and Development Block Grant Act of 1990.
20 (a)(b) "Market rate" means the price that a child care
21 provider charges for daily, weekly, or monthly child care
22 services. The market rate shall:
23 1. Be established for licensed child care facilities
24 or facilities that are not subject to s. 402.305, licensed or
25 registered family day care homes, licensed large family child
26 care homes, child care providers exempt from licensure,
27 licensed before-school and after-school child care programs,
28 and informal providers of unregulated child care services
29 provided by a relative or other caretaker.
30
31
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1 2. Differentiate among child care for children with
2 special needs or risk categories, infants, toddlers, and
3 preschool children, and school-age children.
4 3. Differentiate between full-time and part-time
5 services care.
6 4. Consider reductions in the cost of services care
7 for additional children in the same family.
8 (b)(c) "Prevailing market rate" means the annually
9 determined 75th percentile of a reasonable frequency
10 distribution of market rate in a predetermined geographic
11 market at which licensed child care providers charge a person
12 for child care services.
13 (2) The Agency for Workforce Innovation department
14 shall establish procedures for the adoption of a prevailing
15 market-rate schedule, which shall be considered by each early
16 learning coalition when the coalition adopts its payment
17 schedule under s. 411.01(5)(e)2. The prevailing market-rate
18 schedule shall comprise county-by-county rates for: to
19 reimburse
20 (a) Licensed, exempt, or registered child care
21 providers that who hold a Gold Seal Quality Care designation
22 at 120 percent of the prevailing market rate for child care
23 services for children who are eligible to participate in a
24 coalition's school readiness program under s. 411.01 receive
25 subsidized child care; and
26 (b) Licensed, exempt, or registered child care
27 providers at the prevailing market rate for child care
28 services for children who are eligible to participate in a
29 coalition's school readiness program under s. 411.01 receive
30 subsidized child care, unless prohibited by federal law under
31 s. 402.3015. The department shall establish procedures to
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1 reimburse providers of unregulated child care at not more than
2 50 percent of the market rate.
3
4 The prevailing market-rate schedule adopted under this
5 subsection payment system may not interfere with the parental
6 choice of school readiness providers under s. 411.01(7)
7 parents' decision as to the appropriate child care
8 arrangement, regardless of the level of available funding for
9 early learning programs child care. The prevailing market-rate
10 schedule must be based exclusively on the costs and prices
11 charged for child care services and must not be based on any
12 program assessment tool may not be used to evaluate child care
13 providers determine reimbursement rates.
14 (3) The Agency for Workforce Innovation department may
15 provide child care grants to early learning coalitions central
16 agencies, community colleges, and career programs for the
17 purpose of providing support and technical assistance to
18 licensed child care providers.
19 (4) The Agency for Workforce Innovation department may
20 contract, using a request for proposals, with a qualified
21 entity use the state community child care coordination
22 agencies (central agencies), community colleges, and career
23 programs to administer implement this section.
24 (5) The Agency for Workforce Innovation department may
25 adopt rules under ss. 120.536(1) and 120.54 and other policy
26 provisions necessary to administer implement this section.
27 (6) This section shall be implemented only to the
28 extent that funding is available.
29 Section 9. Section 402.3018, Florida Statutes, is
30 transferred, renumbered as section 411.0108, Florida Statutes,
31 and amended to read:
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1 411.0108 402.3018 Consultation to child care and early
2 learning providers centers and family day care homes regarding
3 health, developmental, disability, and special needs issues.--
4 (1) Subject to legislative appropriation Contingent
5 upon specific appropriations, the Agency for Workforce
6 Innovation shall department is directed to contract with the
7 state statewide resource information and referral agency for a
8 statewide toll-free Warm-Line for the purpose of providing
9 assistance and consultation to child care and early learning
10 providers centers and family day care homes regarding health,
11 developmental, disability, and special needs issues of the
12 children they are serving, particularly children with
13 disabilities and other special needs.
14 (2) The purpose of the Warm-Line is to provide advice
15 to child care personnel concerning strategies, curriculum, and
16 environmental adaptations that allow a child to derive maximum
17 benefit from receiving the child care services experience.
18 (3) The early learning coalitions, coordinated by the
19 Agency for Workforce Innovation, department shall at least
20 annually inform child care and early learning providers
21 centers and family day care homes of the availability of this
22 service, on an annual basis.
23 (4) Subject to legislative appropriation Contingent
24 upon specific appropriations, the Agency for Workforce
25 Innovation department shall expand, or contract for, the
26 expansion of the Warm-Line from one statewide site to one
27 Warm-Line site in each county or multicounty child care
28 resource and referral agency region served by an early
29 learning coalition.
30 (5) Each county or regional Warm-Line shall provide
31 assistance and consultation to child care and early learning
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1 providers centers and family day care homes regarding health,
2 developmental, disability, and special needs issues of the
3 children they are serving, particularly children with
4 disabilities and other special needs. County or regional
5 Warm-Line staff shall provide onsite technical assistance,
6 when requested, to assist child care and early learning
7 providers centers and family day care homes with inquiries
8 relative to the strategies, curriculum, and environmental
9 adaptations the child care or early learning providers centers
10 and family day care homes may need as they serve children with
11 disabilities and other special needs.
12 Section 10. Section 402.25, Florida Statutes, is
13 transferred, renumbered as section 411.0109, Florida Statutes,
14 and amended to read:
15 411.0109 402.25 Infants and toddlers in state-funded
16 child education and care and early learning programs; brain
17 development activities.--Each state-funded child education and
18 care and early learning program for children from birth to 5
19 years of age must provide activities to foster brain
20 development in infants and toddlers. Each A program must
21 provide an environment rich in language and music and filled
22 with objects of various colors, shapes, textures, and sizes to
23 stimulate visual, tactile, auditory, and linguistic senses in
24 the children and must include classical music and at least 30
25 minutes of reading to the children each day. A program may be
26 offered through an existing early childhood program such as
27 Healthy Start, the Title I program, contracted or directly
28 operated subsidized child care, the prekindergarten early
29 intervention program, Florida First Start, the Head Start
30 program, or a private child care program. Each A program must
31 also provide training for the infants' and toddlers' parents
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1 including direct dialogue and interaction between teachers and
2 parents demonstrating the urgency of brain development in the
3 first year of a child's life. A family day care home is
4 centers are encouraged, but not required, to comply with this
5 section.
6 Section 11. Section 411.011, Florida Statutes, as
7 amended by section 9 of chapter 2004-484, Laws of Florida, is
8 amended to read:
9 411.011 Records of children in school readiness
10 programs.--The individual records of children enrolled in
11 school readiness programs provided under ss. 411.01 and
12 411.0101 s. 411.01, when held in the possession of the early
13 learning coalition or the Agency for Workforce Innovation, are
14 confidential and exempt from s. 119.07 and s. 24(a), Art. I of
15 the State Constitution. For purposes of this section, records
16 include assessment data, health data, records of teacher
17 observations, and identifying data, including the child's
18 social security number. A parent, guardian, or individual
19 acting as a parent in the absence of a parent or guardian has
20 the right to inspect and review the individual school
21 readiness program record of his or her child and to obtain a
22 copy of the record. School readiness records may be released
23 to the United States Secretary of Education, the United States
24 Secretary of Health and Human Services, and the Comptroller
25 General of the United States for the purpose of federal
26 audits; to individuals or organizations conducting studies for
27 institutions to develop, validate, or administer assessments
28 or improve instruction; to accrediting organizations in order
29 to carry out their accrediting functions; to appropriate
30 parties in connection with an emergency if the information is
31 necessary to protect the health or safety of the student or
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1 other individuals; to the Auditor General in connection with
2 his or her official functions; to a court of competent
3 jurisdiction in compliance with an order of that court in
4 accordance with a lawfully issued subpoena; and to parties to
5 an interagency agreement among early learning coalitions,
6 local governmental agencies, providers of school readiness
7 programs, state agencies, and the Agency for Workforce
8 Innovation for the purpose of implementing the school
9 readiness program. Agencies, organizations, or individuals
10 that receive school readiness records in order to carry out
11 their official functions must protect the data in a manner
12 that does not permit the personal identification of students
13 and their parents by persons other than those authorized to
14 receive the records. This section is subject to the Open
15 Government Sunset Review Act of 1995 in accordance with s.
16 119.15 and shall stand repealed on October 2, 2005, unless
17 reviewed and saved from repeal through reenactment by the
18 Legislature.
19 Section 12. Section 402.3016, Florida Statutes, is
20 transferred, renumbered as section 411.0111, Florida Statutes,
21 and amended to read:
22 411.0111 402.3016 Early Head Start collaboration
23 grants.--
24 (1) Subject to legislative appropriation Contingent
25 upon specific appropriations, the Agency for Workforce
26 Innovation may Florida Partnership for School Readiness shall
27 establish a program to award collaboration grants to assist
28 local agencies in securing Early Head Start programs through
29 Early Head Start program federal grants. The collaboration
30 grants may only be used to shall provide the required matching
31
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1 funds for public and private nonprofit agencies that have been
2 approved for Early Head Start program federal grants.
3 (2) Each public or and private nonprofit agency
4 agencies providing Early Head Start programs applying for
5 collaborative grants must:
6 (a) Ensure quality performance by meeting the
7 requirements in the Head Start program performance standards
8 and other applicable rules and regulations;
9 (b) Ensure collaboration with other service providers
10 at the local level; and
11 (c) Ensure that a comprehensive array of health,
12 nutritional, and other services are provided to the program's
13 pregnant women and very young children, and their families.
14 (3) If the program is established, the Agency for
15 Workforce Innovation partnership shall report to the
16 Legislature on an annual basis the number of agencies
17 receiving Early Head Start collaboration grants and the number
18 of children served.
19 (4) The Agency for Workforce Innovation partnership
20 may adopt rules under ss. 120.536(1) and 120.54 to administer
21 this section, including requirements as necessary for the
22 award of collaboration grants to competing agencies and the
23 administration of the collaboration grants program under this
24 section.
25 Section 13. The Agency for Workforce Innovation, in
26 cooperation with the Department of Education, shall conduct a
27 comprehensive study of outcome measurement, screening and
28 assessment, and performance accountability for the early
29 learning system. The study must include research from national
30 experts in the field of early learning. By December 15, 2006,
31 the Agency for Workforce Innovation shall submit a report to
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1 the Governor, the President of the Senate, and the Speaker of
2 the House of Representatives. The report must include
3 recommendations or options to improve the methods used for
4 measuring the effectiveness of prekindergarten and school
5 readiness providers in delivering the Voluntary
6 Prekindergarten Education Program and the school readiness
7 programs and of the early learning coalitions in monitoring
8 and assisting providers, as demonstrated by the outcomes of
9 children enrolled in these programs.
10 Section 14. The sum of $150,000 is appropriated from
11 nonrecurring funds in the General Revenue Fund to the Agency
12 for Workforce Innovation for purposes of conducting the
13 comprehensive study of outcome measurement, screening and
14 assessment, and performance accountability for the early
15 learning system during the 2005-2006 fiscal year.
16 Section 15. This act shall take effect July 1, 2005.
17
18 *****************************************
19 SENATE SUMMARY
20 Revises various provisions of the School Readiness Act.
Requires early learning coalitions to provide parents
21 with profiles of school readiness providers. Requires
that providers be paid a rate differential under certain
22 circumstances. Revises eligibility criteria and
priorities for participation in school readiness
23 programs. Authorizes early learning coalitions to
establish school-age readiness services under certain
24 circumstances. Provides eligibility criteria and
priorities for participation in school-age readiness
25 services. Revises requirements for transportation
services in school readiness programs. Provides
26 requirements for school readiness quality initiatives.
Revises the Teacher Education and Compensation Helps
27 scholarship program and establishes the Home Instruction
for Parents of Preschool Youngsters Program. Revises
28 requirements for the Child Care Executive Partnership
Program. (See bill for details.)
29
30
31
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