HB 1103

1
A bill to be entitled
2An act relating to early learning; creating s. 14.2017,
3F.S.; creating the Office of Early Learning in the
4Executive Office of the Governor; providing
5responsibilities; providing for type two transfer of the
6Office of Early Learning in the Agency for Workforce
7Innovation, the Office of Early Learning in the Department
8of Education, and child care facility licensing
9responsibilities of the Department of Children and Family
10Services to the Office of Early Learning in the Executive
11Office of the Governor; amending ss. 20.50, 216.136,
12411.0105, 1002.22, and 1002.63, F.S.; conforming
13provisions; amending s. 1002.65, F.S.; providing
14requirements for credentials of prekindergarten
15instructors; amending s. 1002.67, F.S.; providing
16curriculum requirements for prekindergarten programs;
17amending s. 1002.69, F.S.; revising provisions relating to
18the minimum kindergarten readiness rate; amending s.
191002.71, 1002.73, 1002.75, 1002.77, 1002.79, and 1003.575,
20F.S.; conforming provisions; providing for the continued
21validity of child care facility licenses and
22registrations; requiring the Division of Statutory
23Revision to make conforming changes to the Florida
24Statutes and to provide certain assistance to legislative
25committees and councils; providing an effective date.
26
27Be It Enacted by the Legislature of the State of Florida:
28
29     Section 1.  Section 14.2017, Florida Statutes, is created
30to read:
31     14.2017  Office of Early Learning.--The Office of Early
32Learning is created in the Executive Office of the Governor. The
33director of the Office of Early Learning shall be appointed by
34the Governor and serve at the pleasure of the Governor. The
35Office of Early Learning shall administer the state's school
36readiness system, the Voluntary Prekindergarten Education
37Program, and child care facility licensing.
38     Section 2.  (1)  All of the powers, duties, functions,
39records, personnel, and property; unexpended balances of
40appropriations, allocations, and other funds; administrative
41authority; administrative rules; pending issues; and existing
42contracts of the Office of Early Learning in the Agency for
43Workforce Innovation are transferred by a type two transfer,
44pursuant to s. 20.06(2), Florida Statutes, to the Office of
45Early Learning in the Executive Office of the Governor.
46     (2)  All of the powers, duties, functions, records,
47personnel, and property; unexpended balances of appropriations,
48allocations, and other funds; administrative authority;
49administrative rules; pending issues; and existing contracts of
50the Office of Early Learning in the Department of Education are
51transferred by a type two transfer, pursuant to s. 20.06(2),
52Florida Statutes, to the Office of Early Learning in the
53Executive Office of the Governor.
54     (3)  All of the powers, duties, functions, records,
55personnel, and property; unexpended balances of appropriations,
56allocations, and other funds; administrative authority;
57administrative rules; pending issues; and existing contracts of
58the Department of Children and Family Services relating to child
59care facility licensing are transferred by a type two transfer,
60pursuant to s. 20.06(2), Florida Statutes, to the Office of
61Early Learning in the Executive Office of the Governor.
62     Section 3.  Paragraph (c) of subsection (2) of section
6320.50, Florida Statutes, is amended to read:
64     20.50  Agency for Workforce Innovation.--There is created
65the Agency for Workforce Innovation within the Department of
66Management Services. The agency shall be a separate budget
67entity, as provided in the General Appropriations Act, and the
68director of the agency shall be the agency head for all
69purposes. The agency shall not be subject to control,
70supervision, or direction by the Department of Management
71Services in any manner, including, but not limited to,
72personnel, purchasing, transactions involving real or personal
73property, and budgetary matters.
74     (2)
75     (c)  The agency shall include the following offices within
76its organizational structure:
77     1.  The Office of Unemployment Compensation Services;
78     2.  The Office of Workforce Program Support; and
79     3.  The Office of Early Learning, which shall administer
80the school readiness system in accordance with s. 411.01 and the
81operational requirements of the Voluntary Prekindergarten
82Education Program in accordance with part V of chapter 1002. The
83office shall be directed by the Deputy Director for Early
84Learning, who shall be appointed by and serve at the pleasure of
85the director; and
86     3.4.  The Office of Agency Support Services.
87
88The director of the agency may establish the positions of
89assistant director and deputy director to administer the
90requirements and functions of the agency. In addition, the
91director may organize and structure the offices of the agency to
92best meet the goals and objectives of the agency as provided in
93s. 20.04.
94     Section 4.  Paragraph (b) of subsection (8) of section
95216.136, Florida Statutes, is amended to read:
96     216.136  Consensus estimating conferences; duties and
97principals.--
98     (8)  EARLY LEARNING PROGRAMS ESTIMATING CONFERENCE.--
99     (b)  The Office of Early Learning Agency for Workforce
100Innovation shall provide information on needs and waiting lists
101for school readiness programs, and information on the needs for
102the Voluntary Prekindergarten Education Program, as requested by
103the Early Learning Programs Estimating Conference or individual
104conference principals in a timely manner.
105     Section 5.  Section 411.0105, Florida Statutes, is amended
106to read:
107     411.0105  Early Learning Opportunities Act and Even Start
108Family Literacy Programs; lead agency.--
109     (1)  For purposes of administration of the Early Learning
110Opportunities Act, pursuant to Pub. L. No. 106-554, the Office
111of Early Learning is designated as the lead agency and must
112comply with lead agency responsibilities pursuant to federal
113law. and
114     (2)  For purposes of administration of the Even Start
115Family Literacy Programs, pursuant to Pub. L. No. 106-554, the
116Agency for Workforce Innovation is designated as the lead agency
117and must comply with lead agency responsibilities pursuant to
118federal law.
119     Section 6.  Paragraph (d) of subsection (3) of section
1201002.22, Florida Statutes, is amended to read:
121     1002.22  Student records and reports; rights of parents and
122students; notification; penalty.--
123     (3)  RIGHTS OF PARENT OR STUDENT.--The parent of any
124student who attends or has attended any public school, career
125center, or public postsecondary educational institution shall
126have the following rights with respect to any records or reports
127created, maintained, and used by any public educational
128institution in the state. However, whenever a student has
129attained 18 years of age, or is attending a postsecondary
130educational institution, the permission or consent required of,
131and the rights accorded to, the parents of the student shall
132thereafter be required of and accorded to the student only,
133unless the student is a dependent student of such parents as
134defined in 26 U.S.C. s. 152 (s. 152 of the Internal Revenue Code
135of 1954). The State Board of Education shall adopt rules whereby
136parents or students may exercise these rights:
137     (d)  Right of privacy.--Every student has a right of
138privacy with respect to the educational records kept on him or
139her. Personally identifiable records or reports of a student,
140and any personal information contained therein, are confidential
141and exempt from s. 119.07(1). A state or local educational
142agency, board, public school, career center, or public
143postsecondary educational institution may not permit the release
144of such records, reports, or information without the written
145consent of the student's parent, or of the student himself or
146herself if he or she is qualified as provided in this
147subsection, to any individual, agency, or organization. However,
148personally identifiable records or reports of a student may be
149released to the following persons or organizations without the
150consent of the student or the student's parent:
151     1.  Officials of schools, school systems, career centers,
152or public postsecondary educational institutions in which the
153student seeks or intends to enroll; and a copy of such records
154or reports shall be furnished to the parent or student upon
155request.
156     2.  Other school officials, including teachers within the
157educational institution or agency, who have legitimate
158educational interests in the information contained in the
159records.
160     3.  The United States Secretary of Education, the Director
161of the National Institute of Education, the Assistant Secretary
162for Education, the Comptroller General of the United States, or
163state or local educational authorities who are authorized to
164receive such information subject to the conditions set forth in
165applicable federal statutes and regulations of the United States
166Department of Education, or in applicable state statutes and
167rules of the State Board of Education.
168     4.  Other school officials, in connection with a student's
169application for or receipt of financial aid.
170     5.  Individuals or organizations conducting studies for or
171on behalf of an institution or a board of education for the
172purpose of developing, validating, or administering predictive
173tests, administering student aid programs, or improving
174instruction, if the studies are conducted in a manner that does
175not permit the personal identification of students and their
176parents by persons other than representatives of such
177organizations and if the information will be destroyed when no
178longer needed for the purpose of conducting such studies.
179     6.  Accrediting organizations, in order to carry out their
180accrediting functions.
181     7.  Early learning coalitions and the Office of Early
182Learning Agency for Workforce Innovation in order to carry out
183their assigned duties.
184     8.  For use as evidence in student expulsion hearings
185conducted by a district school board under chapter 120.
186     9.  Appropriate parties in connection with an emergency, if
187knowledge of the information in the student's educational
188records is necessary to protect the health or safety of the
189student or other individuals.
190     10.  The Auditor General and the Office of Program Policy
191Analysis and Government Accountability in connection with their
192official functions; however, except when the collection of
193personally identifiable information is specifically authorized
194by law, any data collected by the Auditor General and the Office
195of Program Policy Analysis and Government Accountability is
196confidential and exempt from s. 119.07(1) and shall be protected
197in a way that does not permit the personal identification of
198students and their parents by other than the Auditor General,
199the Office of Program Policy Analysis and Government
200Accountability, and their staff, and the personally identifiable
201data shall be destroyed when no longer needed for the Auditor
202General's and the Office of Program Policy Analysis and
203Government Accountability's official use.
204     11.a.  A court of competent jurisdiction in compliance with
205an order of that court or the attorney of record in accordance
206with a lawfully issued subpoena, upon the condition that the
207student and the student's parent are notified of the order or
208subpoena in advance of compliance therewith by the educational
209institution or agency.
210     b.  A person or entity in accordance with a court of
211competent jurisdiction in compliance with an order of that court
212or the attorney of record pursuant to a lawfully issued
213subpoena, upon the condition that the student, or his or her
214parent if the student is either a minor and not attending a
215postsecondary educational institution or a dependent of such
216parent as defined in 26 U.S.C. s. 152 (s. 152 of the Internal
217Revenue Code of 1954), is notified of the order or subpoena in
218advance of compliance therewith by the educational institution
219or agency.
220     12.  Credit bureaus, in connection with an agreement for
221financial aid that the student has executed, if the information
222is disclosed only to the extent necessary to enforce the terms
223or conditions of the financial aid agreement. Credit bureaus
224shall not release any information obtained under this paragraph
225to any person.
226     13.  Parties to an interagency agreement among the
227Department of Juvenile Justice, school and law enforcement
228authorities, and other signatory agencies for the purpose of
229reducing juvenile crime and especially motor vehicle theft by
230promoting cooperation and collaboration, and the sharing of
231appropriate information in a joint effort to improve school
232safety, to reduce truancy and in-school and out-of-school
233suspensions, and to support alternatives to in-school and out-
234of-school suspensions and expulsions that provide structured and
235well-supervised educational programs supplemented by a
236coordinated overlay of other appropriate services designed to
237correct behaviors that lead to truancy, suspensions, and
238expulsions, and that support students in successfully completing
239their education. Information provided in furtherance of the
240interagency agreements is intended solely for use in determining
241the appropriate programs and services for each juvenile or the
242juvenile's family, or for coordinating the delivery of the
243programs and services, and as such is inadmissible in any court
244proceedings before a dispositional hearing unless written
245consent is provided by a parent or other responsible adult on
246behalf of the juvenile.
247     14.  Consistent with the Family Educational Rights and
248Privacy Act, the Department of Children and Family Services or a
249community-based care lead agency acting on behalf of the
250Department of Children and Family Services, as appropriate.
251
252This paragraph does not prohibit any educational institution
253from publishing and releasing to the general public directory
254information relating to a student if the institution elects to
255do so. However, no educational institution shall release, to any
256individual, agency, or organization that is not listed in
257subparagraphs 1.-14., directory information relating to the
258student body in general or a portion thereof unless it is
259normally published for the purpose of release to the public in
260general. Any educational institution making directory
261information public shall give public notice of the categories of
262information that it has designated as directory information for
263all students attending the institution and shall allow a
264reasonable period of time after the notice has been given for a
265parent or student to inform the institution in writing that any
266or all of the information designated should not be released.
267     Section 7.  Paragraph (b) of subsection (4) of section
2681002.63, Florida Statutes, is amended to read:
269     1002.63  School-year prekindergarten program delivered by
270public schools.--
271     (4)  To be eligible to deliver the prekindergarten program
272during the school year, each school district must meet both of
273the following requirements:
274     (b)  The Commissioner of Education must certify to the
275State Board of Education that the Department of Education has
276reviewed the school district's educational facilities, capital
277outlay funds, and projected student enrollment and concurs with
278the district school board's certification under paragraph (a).
279     Section 8.  Section 1002.65, Florida Statutes, is amended
280to read:
281     1002.65  Professional credentials of prekindergarten
282instructors; aspirational goals; legislative intent.--
283     (1)  The Legislature recognizes that there is a strong
284relationship between the skills and preparation of
285prekindergarten instructors and the educational outcomes of
286students in the Voluntary Prekindergarten Education Program.
287     (2)  To improve these educational outcomes, prekindergarten
288classes shall have instructors with the following credentials
289the Legislature intends that all prekindergarten instructors
290will continue to improve their skills and preparation through
291education and training, so that the following aspirational goals
292will be achieved:
293     (a)  By the 2010-2011 school year:
294     1.  Each prekindergarten class must will have at least one
295prekindergarten instructor who holds an associate's or higher
296degree in the field of early childhood education or child
297development; and
298     2.  For each prekindergarten class composed of 11 or more
299students, in addition to a prekindergarten instructor who meets
300the requirements of subparagraph 1., each the class must will
301have at least one prekindergarten instructor who meets the
302requirements of s. 1002.55(3)(c).
303     (b)  By the 2013-2014 school year, each prekindergarten
304class must will have at least one prekindergarten instructor who
305holds a bachelor's or higher degree in the field of early
306childhood education or child development.
307     Section 9.  Paragraph (a) of subsection (2) and paragraph
308(d) of subsection (3) of section 1002.67, Florida Statutes, are
309amended to read:
310     1002.67  Performance standards; curricula and
311accountability.--
312     (2)(a)  Each private prekindergarten provider and public
313school may select or design the curriculum that the provider or
314school uses to implement the Voluntary Prekindergarten Education
315Program, except as otherwise required for a provider or school
316that is placed on probation under paragraph (3)(c). The
317curriculum selected or designed must include a curriculum-based
318preassessment and postassessment for the purpose of determining
319a student's progress during the program year.
320     (3)
321     (d)  Each early learning coalition, the Agency for
322Workforce Innovation, and the Office of Early Learning shall
323department shall coordinate with the Child Care Services Program
324Office of the Department of Children and Family Services to
325minimize interagency duplication of activities for monitoring
326private prekindergarten providers for compliance with
327requirements of the Voluntary Prekindergarten Education Program
328under this part, the school readiness programs under s. 411.01,
329and the licensing of providers under ss. 402.301-402.319.
330     Section 10.  Subsections (1), (5), and (6) of section
3311002.69, Florida Statutes, are amended to read:
332     1002.69  Statewide kindergarten screening; kindergarten
333readiness rates.--
334     (1)  The Department of Education shall adopt a statewide
335kindergarten screening that assesses the readiness of each
336student for kindergarten based upon the performance standards
337adopted by the office department under s. 1002.67(1) for the
338Voluntary Prekindergarten Education Program. The Department of
339Education shall require that each school district administer the
340statewide kindergarten screening to each kindergarten student in
341the school district within the first 30 school days of each
342school year.
343     (5)  The State Board of Education shall adopt procedures
344for the annual calculation of department to annually calculate
345each private prekindergarten provider's and public school's
346kindergarten readiness rate, which must be expressed as the
347percentage of the provider's or school's students who are
348assessed as ready for kindergarten. The kindergarten readiness
349rates must be based exclusively upon the results of the
350statewide kindergarten screening for students completing the
351Voluntary Prekindergarten Education Program, beginning with
352students completing the program during the 2005-2006 school year
353who are administered the statewide kindergarten screening during
354the 2006-2007 school year. The rates must not include students
355who are not administered the statewide kindergarten screening.
356     (6)(a)  The State Board of Education shall periodically
357adopt a minimum kindergarten readiness rate that, if achieved by
358a private prekindergarten provider or public school, would
359demonstrate the provider's or school's satisfactory delivery of
360the Voluntary Prekindergarten Education Program.
361     (b)  The minimum rate must not exceed the rate at which
362more than 15 percent of the kindergarten readiness rates of all
363private prekindergarten providers and public schools delivering
364the Voluntary Prekindergarten Education Program in the state
365would fall below the minimum rate.
366     Section 11.  Paragraph (b) of subsection (5) of section
3671002.71, Florida Statutes, is amended to read:
368     1002.71  Funding; financial and attendance reporting.--
369     (5)
370     (b)  The Office of Early Learning Agency for Workforce
371Innovation shall adopt procedures for the payment of private
372prekindergarten providers and public schools delivering the
373Voluntary Prekindergarten Education Program. The procedures
374shall provide for the advance payment of providers and schools
375based upon student enrollment in the program, the certification
376of student attendance, and the reconciliation of advance
377payments in accordance with the uniform attendance policy
378adopted under paragraph (6)(d). The procedures shall provide for
379the monthly distribution of funds by the office Agency for
380Workforce Innovation to the early learning coalitions for
381payment by the coalitions to private prekindergarten providers
382and public schools. The department shall transfer to the Agency
383for Workforce Innovation at least once each quarter the funds
384available for payment to private prekindergarten providers and
385public schools in accordance with this paragraph from the funds
386appropriated for that purpose.
387     Section 12.  Section 1002.73, Florida Statutes, is amended
388to read:
389     1002.73  Office of Early Learning and Department of
390Education; powers and duties; accountability requirements.--
391     (1)  The office department shall administer the
392accountability requirements of the Voluntary Prekindergarten
393Education Program at the state level.
394     (2)  The office department shall adopt procedures for the
395office's department's:
396     (a)  Approval of prekindergarten director credentials under
397ss. 1002.55 and 1002.57.
398     (b)  Approval of emergent literacy training courses under
399ss. 1002.55 and 1002.59.
400     (c)  Certification of school districts that are eligible to
401deliver the school-year prekindergarten program under s.
4021002.63.
403     (3)(d)  The Department of Education shall adopt procedures
404for administration of the statewide kindergarten screening and
405calculation of kindergarten readiness rates under s. 1002.69.
406     (4)(3)  Except as provided by law, the office department
407may not impose requirements on a private prekindergarten
408provider that does not deliver the Voluntary Prekindergarten
409Education Program or receive state funds under this part.
410     Section 13.  Subsection (3) of section 1002.75, Florida
411Statutes, is amended to read:
412     1002.75  Office of Early Learning Agency for Workforce
413Innovation; powers and duties; operational requirements.--
414     (3)  The office Agency for Workforce Innovation shall
415adopt, in consultation with and subject to approval by the
416department, procedures governing the administration of the
417Voluntary Prekindergarten Education Program by the early
418learning coalitions and school districts for:
419     (a)  Approving improvement plans of private prekindergarten
420providers and public schools under s. 1002.67.
421     (b)  Placing private prekindergarten providers and public
422schools on probation and requiring corrective actions under s.
4231002.67.
424     (c)  Removing a private prekindergarten provider or public
425school from eligibility to deliver the program due to the
426provider's or school's remaining on probation beyond the time
427permitted under s. 1002.67.
428     Section 14.  Subsection (1) of section 1002.77, Florida
429Statutes, is amended to read:
430     1002.77  Florida Early Learning Advisory Council.--
431     (1)  There is created the Florida Early Learning Advisory
432Council within the Office of Early Learning Agency for Workforce
433Innovation. The purpose of the advisory council is to submit
434recommendations to the office department and the Agency for
435Workforce Innovation on the early learning policy of this state,
436including recommendations relating to administration of the
437Voluntary Prekindergarten Education Program under this part and
438the school readiness programs under s. 411.01.
439     Section 15.  Subsection (1) of section 1002.79, Florida
440Statutes, is amended to read:
441     1002.79  Rulemaking authority.--
442     (1)  The State Board of Education shall adopt rules under
443ss. 120.536(1) and 120.54 to administer the provisions of this
444part conferring duties upon the Department of Education.
445     Section 16.  Subsection (3) of section 1003.575, Florida
446Statutes, is amended to read:
447     1003.575  Assistive technology devices; findings;
448interagency agreements.--Accessibility, utilization, and
449coordination of appropriate assistive technology devices and
450services are essential as a young person with disabilities moves
451from early intervention to preschool, from preschool to school,
452from one school to another, and from school to employment or
453independent living. To ensure that an assistive technology
454device issued to a young person as part of his or her
455individualized family support plan, individual support plan, or
456an individual education plan remains with the individual through
457such transitions, the following agencies shall enter into
458interagency agreements, as appropriate, to ensure the
459transaction of assistive technology devices:
460     (3)  The Voluntary Prekindergarten Education Program
461administered by the Office of Early Learning Department of
462Education and the Agency for Workforce Innovation.
463
464Interagency agreements entered into pursuant to this section
465shall provide a framework for ensuring that young persons with
466disabilities and their families, educators, and employers are
467informed about the utilization and coordination of assistive
468technology devices and services that may assist in meeting
469transition needs, and shall establish a mechanism by which a
470young person or his or her parent may request that an assistive
471technology device remain with the young person as he or she
472moves through the continuum from home to school to postschool.
473     Section 17.  Notwithstanding the transfer of regulatory
474authority over child care facility licensing in chapter 402,
475Florida Statutes, provided in this act, persons and entities
476holding in good standing any child care facility license or
477registration under chapter 402, Florida Statutes, as of 11:59
478p.m. on the day prior to the effective date of this act, shall
479be deemed to hold in good standing a license or registration in
480the same capacity under the authority of the Office of Early
481Learning in the Executive Office of the Governor as of the
482effective date of this act.
483     Section 18.  The Division of Statutory Revision of the
484Office of Legislative Services shall change "Agency for
485Workforce Innovation" and "Department of Education" to "Office
486of Early Learning" and shall change "agency" and "department,"
487with respect to that agency and department, to "office" wherever
488those terms appear in ss. 411.01 and 411.011, Florida Statutes,
489relating to school readiness programs.
490     Section 19.  The Division of Statutory Revision of the
491Office of Legislative Services shall change "Department of
492Education," "Department of Children and Family Services," and
493"Agency for Workforce Innovation" to "Office of Early Learning"
494and shall change "department" and "agency," with respect to
495those departments and that agency, to "office" wherever those
496terms appear in part V of chapter 1002, Florida Statutes,
497relating to the Voluntary Prekindergarten Education Program,
498except as otherwise amended in this act.
499     Section 20.  The Division of Statutory Revision of the
500Office of Legislative Services shall change "Department of
501Children and Family Services" and "Agency for Workforce
502Innovation" to "Office of Early Learning" and shall change
503"department" and "agency," with respect to that department and
504agency, to "office" wherever those terms appear in ss. 402.27,
505402.281, and 402.301-402.319, Florida Statutes, relating to
506child care facility licensing.
507     Section 21.  The Legislature recognizes that there is a
508need to conform the Florida Statutes to the policy decisions
509reflected in the provisions of this act. The Division of
510Statutory Revision of the Office of Legislative Services is
511directed to provide the relevant substantive committees and
512councils of the Senate and the House of Representatives with
513assistance, upon request, to enable such committees or councils
514to prepare draft legislation to conform the Florida Statutes to
515the provisions of this act.
516     Section 22.  This act shall take effect July 1, 2007.


CODING: Words stricken are deletions; words underlined are additions.