1

A bill to be entitled

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An act relating to early learning; creating s. 20.153,

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F.S.; creating the Agency for Early Learning; providing

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for appointment and duties of an agency director;

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providing agency responsibilities; providing for type two

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transfer of the Office of Early Learning in the Agency for

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Workforce Innovation, the Office of Early Learning in the

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Department of Education, child care facility licensing

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responsibilities of the Department of Children and Family

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Services, and the Department of Health Florida Infants and

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Toddlers Early Intervention Program to the Agency for

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Early Learning; amending ss. 20.50, 216.136, and 391.025,

13

F.S.; conforming provisions; amending s. 411.0105, F.S.;

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designating the Agency for Early Learning as the lead

15

agency for administering the federal Early Learning

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Opportunities Act; amending ss. 1002.22, 1002.63, and

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1002.67, F.S.; conforming provisions and clarifying

18

certain duties; amending s. 1002.69, F.S.; revising

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provisions relating to calculation of kindergarten

20

readiness rates; amending ss. 1002.71, 1002.73, 1002.75,

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1002.77, 1002.79, and 1003.575, F.S.; conforming

22

provisions and clarifying certain duties; providing for

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the continued validity of certain child care facility

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licenses and registrations; repealing s. 391.308, F.S.,

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relating to the Florida Infants and Toddlers Early

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Intervention Program administered by the Department of

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Health; requiring the Division of Statutory Revision to

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make conforming changes to the Florida Statutes and to

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provide certain assistance to legislative committees and

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councils; providing an effective date.

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32

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

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34

     Section 1.  Section 20.153, Florida Statutes, is created to

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read:

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     20.153 Agency for Early Learning.--There is created the

37

Agency for Early Learning, housed within the Department of

38

Education for administrative purposes only. The agency shall be a

39

separate budget entity not subject to control, supervision, or

40

direction by the Department of Education in any manner,

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including, but not limited to, personnel, purchasing,

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transactions involving real or personal property, and budgetary

43

matters.

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     (1) The director of the agency shall be the agency head for

45

all purposes, shall be appointed by the Governor subject to

46

confirmation by the Senate, and shall serve at the pleasure of

47

the Governor. The director shall administer the affairs of the

48

agency and may, within available resources, employ assistants,

49

professional staff, and other employees as necessary to discharge

50

the powers and duties of the agency.

51

     (2)(a) The agency shall administer the state's school

52

readiness system, the Voluntary Prekindergarten Education

53

Program, and child care facility licensing.

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     (b) The agency shall implement and administer part C of the

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federal Individuals with Disabilities Education Act, which shall

56

be known as the Florida Infants and Toddlers Early Intervention

57

Program (Early Steps). The agency, jointly with the Department of

58

Education, shall annually prepare a grant application to the

59

United States Department of Education for funding early

60

intervention services for infants and toddlers with disabilities,

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from birth through 36 months of age, and their families, pursuant

62

to part C of the federal Individuals with Disabilities Education

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Act. The agency, jointly with the Department of Education, shall

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include a reading initiative as an early intervention service for

65

infants and toddlers.

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     (c) The agency shall engage in such other administrative

67

activities as are deemed necessary to effectively and efficiently

68

address the early education, early intervention, and child care

69

needs of young children and their families.

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     Section 2. (1) All of the powers, duties, functions,

71

records, personnel, and property; unexpended balances of

72

appropriations, allocations, and other funds; administrative

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authority; administrative rules; pending issues; and existing

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contracts of the Office of Early Learning in the Agency for

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Workforce Innovation are transferred by a type two transfer,

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pursuant to s. 20.06(2), Florida Statutes, to the Agency for

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Early Learning.

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     (2) All of the powers, duties, functions, records,

79

personnel, and property; unexpended balances of appropriations,

80

allocations, and other funds; administrative authority;

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administrative rules; pending issues; and existing contracts of

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the Office of Early Learning in the Department of Education are

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transferred by a type two transfer, pursuant to s. 20.06(2),

84

Florida Statutes, to the Agency for Early Learning.

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     (3) All of the powers, duties, functions, records,

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personnel, and property; unexpended balances of appropriations,

87

allocations, and other funds; administrative authority;

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administrative rules; pending issues; and existing contracts of

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the Department of Children and Family Services relating to child

90

care facility licensing are transferred by a type two transfer,

91

pursuant to s. 20.06(2), Florida Statutes, to the Agency for

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Early Learning.

93

     (4) All of the powers, duties, functions, records,

94

personnel, and property; unexpended balances of appropriations,

95

allocations, and other funds; administrative authority;

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administrative rules; pending issues; and existing contracts of

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the Florida Infants and Toddlers Early Intervention Program in

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the Division of Children's Medical Services Network of the

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Department of Health are transferred by a type two transfer,

100

pursuant to s. 20.06(2), Florida Statutes, to the Agency for

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Early Learning.

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     Section 3.  Paragraph (c) of subsection (2) of section

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20.50, Florida Statutes, is amended to read:

104

     20.50  Agency for Workforce Innovation.--There is created

105

the Agency for Workforce Innovation within the Department of

106

Management Services. The agency shall be a separate budget

107

entity, as provided in the General Appropriations Act, and the

108

director of the agency shall be the agency head for all purposes.

109

The agency shall not be subject to control, supervision, or

110

direction by the Department of Management Services in any manner,

111

including, but not limited to, personnel, purchasing,

112

transactions involving real or personal property, and budgetary

113

matters.

114

     (2)

115

     (c)  The agency shall include the following offices within

116

its organizational structure:

117

     1.  The Office of Unemployment Compensation Services;

118

     2. The Office of Workforce Program Support; and

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     3. The Office of Early Learning, which shall administer the

120

school readiness system in accordance with s. 411.01 and the

121

operational requirements of the Voluntary Prekindergarten

122

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

123

office shall be directed by the Deputy Director for Early

124

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

125

the director; and

126

     3.4. The Office of Agency Support Services.

127

128

The director of the agency may establish the positions of

129

assistant director and deputy director to administer the

130

requirements and functions of the agency. In addition, the

131

director may organize and structure the offices of the agency to

132

best meet the goals and objectives of the agency as provided in

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s. 20.04.

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     Section 4.  Paragraph (b) of subsection (8) of section

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216.136, Florida Statutes, is amended to read:

136

     216.136  Consensus estimating conferences; duties and

137

principals.--

138

     (8)  EARLY LEARNING PROGRAMS ESTIMATING CONFERENCE.--

139

     (b) The Agency for Early Learning Workforce Innovation

140

shall provide information on needs and waiting lists for school

141

readiness programs, and information on the needs for the

142

Voluntary Prekindergarten Education Program, as requested by the

143

Early Learning Programs Estimating Conference or individual

144

conference principals in a timely manner.

145

     Section 5.  Paragraph (d) of subsection (1) of section

146

391.025, Florida Statutes, is amended to read:

147

     391.025  Applicability and scope.--

148

     (1)  The Children's Medical Services program consists of the

149

following components:

150

     (d) The developmental evaluation and intervention program,

151

including the Florida Infants and Toddlers Early Intervention

152

Program.

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     Section 6.  Section 411.0105, Florida Statutes, is amended

154

to read:

155

     411.0105  Early Learning Opportunities Act and Even Start

156

Family Literacy Programs; lead agency.--

157

     (1) For purposes of administration of the Early Learning

158

Opportunities Act, pursuant to Pub. L. No. 106-554, the Agency

159

for Early Learning is designated as the lead agency and must

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comply with lead agency responsibilities pursuant to federal law.

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and

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     (2) For purposes of administration of the Even Start Family

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Literacy Programs, pursuant to Pub. L. No. 106-554, the Agency

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for Workforce Innovation is designated as the lead agency and

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must comply with lead agency responsibilities pursuant to federal

166

law.

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     Section 7.  Paragraph (d) of subsection (3) of section

168

1002.22, Florida Statutes, is amended to read:

169

     1002.22  Student records and reports; rights of parents and

170

students; notification; penalty.--

171

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

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who attends or has attended any public school, career center, or

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public postsecondary educational institution shall have the

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following rights with respect to any records or reports created,

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maintained, and used by any public educational institution in the

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state. However, whenever a student has attained 18 years of age,

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or is attending a postsecondary educational institution, the

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permission or consent required of, and the rights accorded to,

179

the parents of the student shall thereafter be required of and

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accorded to the student only, unless the student is a dependent

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

182

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

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shall adopt rules whereby parents or students may exercise these

184

rights:

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     (d)  Right of privacy.--Every student has a right of privacy

186

with respect to the educational records kept on him or her.

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Personally identifiable records or reports of a student, and any

188

personal information contained therein, are confidential and

189

exempt from s. 119.07(1). A state or local educational agency,

190

board, public school, career center, or public postsecondary

191

educational institution may not permit the release of such

192

records, reports, or information without the written consent of

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the student's parent, or of the student himself or herself if he

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or she is qualified as provided in this subsection, to any

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individual, agency, or organization. However, personally

196

identifiable records or reports of a student may be released to

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the following persons or organizations without the consent of the

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student or the student's parent:

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     1.  Officials of schools, school systems, career centers, or

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public postsecondary educational institutions in which the

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student seeks or intends to enroll; and a copy of such records or

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reports shall be furnished to the parent or student upon request.

203

     2.  Other school officials, including teachers within the

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educational institution or agency, who have legitimate

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educational interests in the information contained in the

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records.

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     3.  The United States Secretary of Education, the Director

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of the National Institute of Education, the Assistant Secretary

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for Education, the Comptroller General of the United States, or

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state or local educational authorities who are authorized to

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receive such information subject to the conditions set forth in

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applicable federal statutes and regulations of the United States

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Department of Education, or in applicable state statutes and

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rules of the State Board of Education.

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     4.  Other school officials, in connection with a student's

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application for or receipt of financial aid.

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     5.  Individuals or organizations conducting studies for or

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

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purpose of developing, validating, or administering predictive

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tests, administering student aid programs, or improving

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instruction, if the studies are conducted in a manner that does

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not permit the personal identification of students and their

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parents by persons other than representatives of such

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organizations and if the information will be destroyed when no

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longer needed for the purpose of conducting such studies.

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     6.  Accrediting organizations, in order to carry out their

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accrediting functions.

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     7. Early learning coalitions and the Agency for Early

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Learning Workforce Innovation in order to carry out their

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assigned duties.

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     8.  For use as evidence in student expulsion hearings

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conducted by a district school board under chapter 120.

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     9.  Appropriate parties in connection with an emergency, if

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knowledge of the information in the student's educational records

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

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other individuals.

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     10.  The Auditor General and the Office of Program Policy

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Analysis and Government Accountability in connection with their

239

official functions; however, except when the collection of

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personally identifiable information is specifically authorized by

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law, any data collected by the Auditor General and the Office of

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Program Policy Analysis and Government Accountability is

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confidential and exempt from s. 119.07(1) and shall be protected

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in a way that does not permit the personal identification of

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students and their parents by other than the Auditor General, the

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Office of Program Policy Analysis and Government Accountability,

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and their staff, and the personally identifiable data shall be

248

destroyed when no longer needed for the Auditor General's and the

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Office of Program Policy Analysis and Government Accountability's

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official use.

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

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an order of that court or the attorney of record in accordance

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with a lawfully issued subpoena, upon the condition that the

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student and the student's parent are notified of the order or

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subpoena in advance of compliance therewith by the educational

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institution or agency.

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     b.  A person or entity in accordance with a court of

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competent jurisdiction in compliance with an order of that court

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or the attorney of record pursuant to a lawfully issued subpoena,

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upon the condition that the student, or his or her parent if the

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student is either a minor and not attending a postsecondary

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educational institution or a dependent of such parent as defined

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in 26 U.S.C. s. 152 (s. 152 of the Internal Revenue Code of

264

1954), is notified of the order or subpoena in advance of

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compliance therewith by the educational institution or agency.

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     12.  Credit bureaus, in connection with an agreement for

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financial aid that the student has executed, if the information

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is disclosed only to the extent necessary to enforce the terms or

269

conditions of the financial aid agreement. Credit bureaus shall

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not release any information obtained under this paragraph to any

271

person.

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     13.  Parties to an interagency agreement among the

273

Department of Juvenile Justice, school and law enforcement

274

authorities, and other signatory agencies for the purpose of

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reducing juvenile crime and especially motor vehicle theft by

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promoting cooperation and collaboration, and the sharing of

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appropriate information in a joint effort to improve school

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

279

suspensions, and to support alternatives to in-school and out-of-

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school suspensions and expulsions that provide structured and

281

well-supervised educational programs supplemented by a

282

coordinated overlay of other appropriate services designed to

283

correct behaviors that lead to truancy, suspensions, and

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expulsions, and that support students in successfully completing

285

their education. Information provided in furtherance of the

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interagency agreements is intended solely for use in determining

287

the appropriate programs and services for each juvenile or the

288

juvenile's family, or for coordinating the delivery of the

289

programs and services, and as such is inadmissible in any court

290

proceedings before a dispositional hearing unless written consent

291

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

292

the juvenile.

293

     14.  Consistent with the Family Educational Rights and

294

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

295

community-based care lead agency acting on behalf of the

296

Department of Children and Family Services, as appropriate.

297

298

This paragraph does not prohibit any educational institution from

299

publishing and releasing to the general public directory

300

information relating to a student if the institution elects to do

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so. However, no educational institution shall release, to any

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individual, agency, or organization that is not listed in

303

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

304

student body in general or a portion thereof unless it is

305

normally published for the purpose of release to the public in

306

general. Any educational institution making directory information

307

public shall give public notice of the categories of information

308

that it has designated as directory information for all students

309

attending the institution and shall allow a reasonable period of

310

time after the notice has been given for a parent or student to

311

inform the institution in writing that any or all of the

312

information designated should not be released.

313

     Section 8.  Paragraph (b) of subsection (4) of section

314

1002.63, Florida Statutes, is amended to read:

315

     1002.63  School-year prekindergarten program delivered by

316

public schools.--

317

     (4)  To be eligible to deliver the prekindergarten program

318

during the school year, each school district must meet both of

319

the following requirements:

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

321

Board of Education that the Department of Education has reviewed

322

the school district's educational facilities, capital outlay

323

funds, and projected student enrollment and concurs with the

324

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

325

     Section 9.  Paragraph (d) of subsection (3) of section

326

1002.67, Florida Statutes, is amended to read:

327

     1002.67  Performance standards; curricula and

328

accountability.--

329

     (3)

330

     (d) Each early learning coalition and, the Agency for Early

331

Learning shall Workforce Innovation, and the department shall

332

coordinate with the Child Care Services Program Office of the

333

Department of Children and Family Services to minimize

334

interagency duplication of activities for monitoring private

335

prekindergarten providers for compliance with requirements of the

336

Voluntary Prekindergarten Education Program under this part, the

337

school readiness programs under s. 411.01, and the licensing of

338

providers under ss. 402.301-402.319.

339

     Section 10.  Subsections (1), (5), and (6) of section

340

1002.69, Florida Statutes, are amended to read:

341

     1002.69  Statewide kindergarten screening; kindergarten

342

readiness rates.--

343

     (1) The Department of Education shall adopt a statewide

344

kindergarten screening that assesses the readiness of each

345

student for kindergarten based upon the performance standards

346

adopted by the Agency for Early Learning department under s.

347

1002.67(1) for the Voluntary Prekindergarten Education Program.

348

The Department of Education shall require that each school

349

district administer the statewide kindergarten screening to each

350

kindergarten student in the school district within the first 30

351

school days of each school year.

352

     (5)  The State Board of Education shall adopt procedures for

353

the annual calculation of department to annually calculate each

354

private prekindergarten provider's and public school's

355

kindergarten readiness rate, which must be expressed as the

356

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

357

assessed as ready for kindergarten. The kindergarten readiness

358

rates must be based exclusively upon the results of the statewide

359

kindergarten screening for students completing the Voluntary

360

Prekindergarten Education Program, beginning with students

361

completing the program during the 2005-2006 school year who are

362

administered the statewide kindergarten screening during the

363

2006-2007 school year. The rates must not include students who

364

are not administered the statewide kindergarten screening.

365

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

366

adopt a minimum kindergarten readiness rate that, if achieved by

367

a private prekindergarten provider or public school, would

368

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

369

the Voluntary Prekindergarten Education Program.

370

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

371

than 15 percent of the kindergarten readiness rates of all

372

private prekindergarten providers and public schools delivering

373

the Voluntary Prekindergarten Education Program in the state

374

would fall below the minimum rate.

375

     Section 11.  Paragraph (b) of subsection (5) of section

376

1002.71, Florida Statutes, is amended to read:

377

     1002.71  Funding; financial and attendance reporting.--

378

     (5)

379

     (b) The Agency for Early Learning Workforce Innovation

380

shall adopt procedures for the payment of private prekindergarten

381

providers and public schools delivering the Voluntary

382

Prekindergarten Education Program. The procedures shall provide

383

for the advance payment of providers and schools based upon

384

student enrollment in the program, the certification of student

385

attendance, and the reconciliation of advance payments in

386

accordance with the uniform attendance policy adopted under

387

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

388

distribution of funds by the agency for Workforce Innovation to

389

the early learning coalitions for payment by the coalitions to

390

private prekindergarten providers and public schools. The

391

department shall transfer to the Agency for Workforce Innovation

392

at least once each quarter the funds available for payment to

393

private prekindergarten providers and public schools in

394

accordance with this paragraph from the funds appropriated for

395

that purpose.

396

     Section 12.  Section 1002.73, Florida Statutes, is amended

397

to read:

398

     1002.73 Agency for Early Learning, Department of Education,

399

and State Board of Education; powers and duties; accountability

400

requirements.--

401

     (1) The Agency for Early Learning department shall

402

administer the accountability requirements of the Voluntary

403

Prekindergarten Education Program at the state level.

404

     (2) The agency department shall adopt procedures for the

405

agency's department's:

406

     (a)  Approval of prekindergarten director credentials under

407

ss. 1002.55 and 1002.57.

408

     (b)  Approval of emergent literacy training courses under

409

ss. 1002.55 and 1002.59.

410

     (c)  Certification of school districts that are eligible to

411

deliver the school-year prekindergarten program under s. 1002.63.

412

     (3)(d) The Department of Education shall adopt procedures

413

for administration of the statewide kindergarten screening and

414

the State Board of Education shall adopt procedures for

415

calculation of kindergarten readiness rates under s. 1002.69.

416

     (4)(3) Except as provided by law, the agency department may

417

not impose requirements on a private prekindergarten provider

418

that does not deliver the Voluntary Prekindergarten Education

419

Program or receive state funds under this part.

420

     Section 13.  Subsection (3) of section 1002.75, Florida

421

Statutes, is amended to read:

422

     1002.75 Agency for Early Learning Workforce Innovation;

423

powers and duties; operational requirements.--

424

     (3) The Agency for Early Learning Workforce Innovation

425

shall adopt, in consultation with and subject to approval by the

426

department, procedures governing the administration of the

427

Voluntary Prekindergarten Education Program by the early learning

428

coalitions and school districts for:

429

     (a)  Approving improvement plans of private prekindergarten

430

providers and public schools under s. 1002.67.

431

     (b)  Placing private prekindergarten providers and public

432

schools on probation and requiring corrective actions under s.

433

1002.67.

434

     (c)  Removing a private prekindergarten provider or public

435

school from eligibility to deliver the program due to the

436

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

437

permitted under s. 1002.67.

438

     Section 14.  Subsection (1) of section 1002.77, Florida

439

Statutes, is amended to read:

440

     1002.77  Florida Early Learning Advisory Council.--

441

     (1)  There is created the Florida Early Learning Advisory

442

Council within the Agency for Early Learning Workforce

443

Innovation. The purpose of the advisory council is to submit

444

recommendations to the department and the agency for Workforce

445

Innovation on the early learning policy of this state, including

446

recommendations relating to administration of the Voluntary

447

Prekindergarten Education Program under this part and the school

448

readiness programs under s. 411.01.

449

     Section 15.  Subsection (1) of section 1002.79, Florida

450

Statutes, is amended to read:

451

     1002.79  Rulemaking authority.--

452

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

453

ss. 120.536(1) and 120.54 to administer the provisions of this

454

part conferring duties upon the Department of Education.

455

     Section 16.  Subsections (1) and (3) of section 1003.575,

456

Florida Statutes, are amended to read:

457

     1003.575  Assistive technology devices; findings;

458

interagency agreements.--Accessibility, utilization, and

459

coordination of appropriate assistive technology devices and

460

services are essential as a young person with disabilities moves

461

from early intervention to preschool, from preschool to school,

462

from one school to another, and from school to employment or

463

independent living. To ensure that an assistive technology device

464

issued to a young person as part of his or her individualized

465

family support plan, individual support plan, or an individual

466

education plan remains with the individual through such

467

transitions, the following agencies shall enter into interagency

468

agreements, as appropriate, to ensure the transaction of

469

assistive technology devices:

470

     (1)  The Florida Infants and Toddlers Early Intervention

471

Program in the Agency for Early Learning Division of Children's

472

Medical Services of the Department of Health.

473

     (3)  The Voluntary Prekindergarten Education Program

474

administered by the Department of Education and the Agency for

475

Early Learning Workforce Innovation.

476

477

Interagency agreements entered into pursuant to this section

478

shall provide a framework for ensuring that young persons with

479

disabilities and their families, educators, and employers are

480

informed about the utilization and coordination of assistive

481

technology devices and services that may assist in meeting

482

transition needs, and shall establish a mechanism by which a

483

young person or his or her parent may request that an assistive

484

technology device remain with the young person as he or she moves

485

through the continuum from home to school to postschool.

486

     Section 17. Notwithstanding the transfer of regulatory

487

authority over child care facility licensing in chapter 402,

488

Florida Statutes, provided in this act, persons and entities

489

holding in good standing any child care facility license or

490

registration under chapter 402, Florida Statutes, as of 11:59

491

p.m. on the day prior to the effective date of this act shall be

492

deemed to hold in good standing a license or registration in the

493

same capacity under the authority of the Agency for Early

494

Learning as of the effective date of this act.

495

     Section 18. Section 391.308, Florida Statutes, is repealed.

496

     Section 19. The Division of Statutory Revision of the

497

Office of Legislative Services shall change "Agency for Workforce

498

Innovation" and "Department of Education" to "Agency for Early

499

Learning" and shall change "department" with respect to that

500

department to "agency" wherever those terms appear in ss. 411.01

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and 411.011, Florida Statutes, relating to school readiness

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programs.

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     Section 20. The Division of Statutory Revision of the

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Office of Legislative Services shall change "Department of

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Education," "Department of Children and Family Services," and

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"Agency for Workforce Innovation" to "Agency for Early Learning"

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and shall change "department" with respect to those departments

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to "agency" wherever those terms appear in part V of chapter

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1002, Florida Statutes, relating to the Voluntary Prekindergarten

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Education Program, except as otherwise amended in this act.

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     Section 21. The Division of Statutory Revision of the

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Office of Legislative Services shall change "Department of

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Children and Family Services" and "Agency for Workforce

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Innovation" to "Agency for Early Learning" and shall change

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"department" with respect to that department to "agency" wherever

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those terms appear in ss. 402.27, 402.281, and 402.301-402.319,

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Florida Statutes, relating to child care facility licensing.

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     Section 22. The Legislature recognizes that there is a need

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to conform the Florida Statutes to the policy decisions reflected

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in the provisions of this act. The Division of Statutory Revision

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of the Office of Legislative Services is directed to provide the

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relevant substantive committees and councils of the Senate and

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the House of Representatives with assistance, upon request, to

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enable such committees or councils to prepare draft legislation

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to conform the Florida Statutes to the provisions of this act.

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     Section 23.  This act shall take effect July 1, 2008.