Florida Senate - 2008 CS for CS for SB 1670
By the Committees on Children, Families, and Elder Affairs; Education Pre-K - 12; and Senator Gaetz
586-05899-08 20081670c2
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A bill to be entitled
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An act relating to early learning; providing a short
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title; amending s. 402.316, F.S.; requiring the Department
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of Children and Family Services to adopt rules regarding
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screening standards and notice for certain child care
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personnel; amending s. 411.01, F.S.; authorizing the use
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of telecommunication methods in conducting early learning
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coalition board meetings; amending and renumbering s.
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402.27, F.S.; transferring requirements for the
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establishment of a statewide child care resource and
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referral network by the Department of Children and Family
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Services to the Agency for Workforce Innovation; providing
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for use of early learning coalitions as child care
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resource and referral agencies; requiring rulemaking;
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amending and renumbering s. 409.178, F.S.; transferring
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duties of the Department of Children and Family Services
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with respect to the Child Care Executive Partnership
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Program to the Agency for Workforce Innovation and early
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learning coalitions; requiring rulemaking; amending s.
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435.04, F.S.; providing additional criminal offenses for
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screening child care personnel; amending s. 1001.10, F.S.;
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requiring the Department of Education to assist school
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districts, charter schools, the Florida School for the
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Deaf and the Blind, and certain private schools and
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providers in developing policies and procedures governing
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educator ethics and employment; requiring the department
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to provide authorized staff with access to or provide
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verification through certain employment-screening tools;
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to the Voluntary Prekindergarten Education Program;
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providing additional accreditation standards for private
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prekindergarten providers; providing requirements for
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assignment of substitute instructors; requiring owners of
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certain private schools and private prekindergarten
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providers to adopt ethical standards for all employees;
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prohibiting confidentiality agreements regarding
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terminated or dismissed employees which have the effect of
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concealing certain conduct; requiring such owners and
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providers to contact the previous employer of each
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instructional or administrative candidate for employment
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and notify the Department of Education of dates of
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employment of an educator; requiring rulemaking;
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conforming cross-references; amending s. 1002.69, F.S.;
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requiring the ability to communicate in English to be
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included in the statewide kindergarten readiness screening
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criteria; providing an effective date.
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Be It Enacted by the Legislature of the State of Florida:
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Section 1. This act may be cited as the "Success in Early
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Learning Act."
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Section 2. Subsection (4) is added to section 402.316,
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Florida Statutes, to read:
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402.316 Exemptions.--
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(4) In order to implement the provisions of s. 1002.55(2),
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the department shall adopt rules establishing minimum standards
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for screening and notification of employee termination for all
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child care personnel.
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Section 3. Paragraph (a) of subsection (5) of section
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411.01, Florida Statutes, is amended to read:
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411.01 School readiness programs; early learning
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coalitions.--
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(5) CREATION OF EARLY LEARNING COALITIONS.--
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(a) Early learning coalitions.--
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1. The Agency for Workforce Innovation shall establish the
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minimum number of children to be served by each early learning
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coalition through the coalition's school readiness program. The
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Agency for Workforce Innovation may only approve school readiness
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plans in accordance with this minimum number. The minimum number
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must be uniform for every early learning coalition and must:
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a. Permit 30 or fewer coalitions to be established; and
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b. Require each coalition to serve at least 2,000 children
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based upon the average number of all children served per month
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through the coalition's school readiness program during the
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previous 12 months.
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The Agency for Workforce Innovation shall adopt procedures for
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merging early learning coalitions, including procedures for the
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consolidation of merging coalitions, and for the early
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termination of the terms of coalition members which are necessary
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to accomplish the mergers. Each early learning coalition must
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comply with the merger procedures and shall be organized in
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accordance with this subparagraph by April 1, 2005. By June 30,
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2005, each coalition must complete the transfer of powers,
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duties, functions, rules, records, personnel, property, and
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unexpended balances of appropriations, allocations, and other
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funds to the successor coalition, if applicable.
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2. If an early learning coalition would serve fewer
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children than the minimum number established under subparagraph
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1., the coalition must merge with another county to form a
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multicounty coalition. However, the Agency for Workforce
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Innovation may authorize an early learning coalition to serve
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fewer children than the minimum number established under
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subparagraph 1., if:
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a. The coalition demonstrates to the Agency for Workforce
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Innovation that merging with another county or multicounty region
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contiguous to the coalition would cause an extreme hardship on
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the coalition;
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b. The Agency for Workforce Innovation has determined
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during the most recent annual review of the coalition's school
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readiness plan, or through monitoring and performance evaluations
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conducted under paragraph (4)(l), that the coalition has
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substantially implemented its plan and substantially met the
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performance standards and outcome measures adopted by the agency;
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and
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c. The coalition demonstrates to the Agency for Workforce
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Innovation the coalition's ability to effectively and efficiently
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implement the Voluntary Prekindergarten Education Program.
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If an early learning coalition fails or refuses to merge as
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required by this subparagraph, the Agency for Workforce
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Innovation may dissolve the coalition and temporarily contract
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with a qualified entity to continue school readiness and
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prekindergarten services in the coalition's county or multicounty
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region until the coalition is reestablished through resubmission
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of a school readiness plan and approval by the agency.
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3. Notwithstanding the provisions of subparagraphs 1. and
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2., the early learning coalitions in Sarasota, Osceola, and Santa
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Rosa Counties which were in operation on January 1, 2005, are
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established and authorized to continue operation as independent
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coalitions, and shall not be counted within the limit of 30
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coalitions established in subparagraph 1.
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4. Each early learning coalition shall be composed of at
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least 18 members but not more than 35 members. The Agency for
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Workforce Innovation shall adopt standards establishing within
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this range the minimum and maximum number of members that may be
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appointed to an early learning coalition. These standards must
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include variations for a coalition serving a multicounty region.
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Each early learning coalition must comply with these standards.
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5. The Governor shall appoint the chair and two other
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members of each early learning coalition, who must each meet the
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same qualifications as private sector business members appointed
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by the coalition under subparagraph 7.
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6. Each early learning coalition must include the following
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members:
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a. A Department of Children and Family Services district
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administrator or his or her designee who is authorized to make
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decisions on behalf of the department.
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b. A district superintendent of schools or his or her
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designee who is authorized to make decisions on behalf of the
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district, who shall be a nonvoting member.
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c. A regional workforce board executive director or his or
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her designee.
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d. A county health department director or his or her
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designee.
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e. A children's services council or juvenile welfare board
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chair or executive director, if applicable, who shall be a
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nonvoting member if the council or board is the fiscal agent of
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the coalition or if the council or board contracts with and
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receives funds from the coalition.
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f. An agency head of a local licensing agency as defined in
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s. 402.302, where applicable.
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g. A president of a community college or his or her
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designee.
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h. One member appointed by a board of county commissioners.
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i. A central agency administrator, where applicable, who
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shall be a nonvoting member.
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j. A Head Start director, who shall be a nonvoting member.
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k. A representative of private child care providers,
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including family day care homes, who shall be a nonvoting member.
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l. A representative of faith-based child care providers,
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who shall be a nonvoting member.
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m. A representative of programs for children with
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disabilities under the federal Individuals with Disabilities
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Education Act, who shall be a nonvoting member.
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7. Including the members appointed by the Governor under
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subparagraph 5., more than one-third of the members of each early
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learning coalition must be private sector business members who do
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not have, and none of whose relatives as defined in s. 112.3143
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has, a substantial financial interest in the design or delivery
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of the Voluntary Prekindergarten Education Program created under
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part V of chapter 1002 or the coalition's school readiness
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program. To meet this requirement an early learning coalition
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must appoint additional members from a list of nominees submitted
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to the coalition by a chamber of commerce or economic development
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council within the geographic region served by the coalition. The
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Agency for Workforce Innovation shall establish criteria for
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appointing private sector business members. These criteria must
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include standards for determining whether a member or relative
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has a substantial financial interest in the design or delivery of
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the Voluntary Prekindergarten Education Program or the
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coalition's school readiness program.
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8. A majority of the voting membership of an early learning
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coalition constitutes a quorum required to conduct the business
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of the coalition. An early learning coalition board may use any
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method of telecommunications to conduct meetings, including
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establishing a quorum through telecommunications, provided that
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the public is given proper notice of a telecommunications meeting
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and reasonable access to observe and, when appropriate,
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participate.
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9. A voting member of an early learning coalition may not
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appoint a designee to act in his or her place, except as
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otherwise provided in this paragraph. A voting member may send a
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representative to coalition meetings, but that representative
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does not have voting privileges. When a district administrator
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for the Department of Children and Family Services appoints a
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designee to an early learning coalition, the designee is the
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voting member of the coalition, and any individual attending in
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the designee's place, including the district administrator, does
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not have voting privileges.
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10. Each member of an early learning coalition is subject
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112.3143(3)(a), each voting member is a local public officer who
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must abstain from voting when a voting conflict exists.
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11. For purposes of tort liability, each member or employee
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of an early learning coalition shall be governed by s. 768.28.
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12. An early learning coalition serving a multicounty
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region must include representation from each county.
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13. Each early learning coalition shall establish terms for
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all appointed members of the coalition. The terms must be
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staggered and must be a uniform length that does not exceed 4
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years per term. Appointed members may serve a maximum of two
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consecutive terms. When a vacancy occurs in an appointed
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position, the coalition must advertise the vacancy.
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Section 4. Section 402.27, Florida Statutes, is renumbered
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as section 411.0101, Florida Statutes, and amended to read:
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referral.--The Agency for Workforce Innovation Department of
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Children and Family Services shall establish a statewide child
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care resource and referral network. Preference shall be given to
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using the already established early learning coalitions central
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agencies for subsidized child care as the child care resource and
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referral agency. If an early learning coalition the agency cannot
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comply with the requirements to offer the resource information
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component or does not want to offer that service, the early
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learning coalition Department of Children and Family Services
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shall select the resource information agency based upon a request
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for proposal pursuant to s. 411.01(5)(e)1. At least one child
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care resource and referral agency must be established in each
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early learning coalition's county or multicounty region district
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of the department, but no more than one may be established in any
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county. Child care resource and referral agencies shall provide
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the following services:
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(1) Identification of existing public and private child
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care and early childhood education services, including child care
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services by public and private employers, and the development of
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a resource file of those services. These services may include
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family day care, public and private child care programs, head
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start, prekindergarten early intervention programs, special
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education programs for prekindergarten handicapped children,
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services for children with developmental disabilities, full-time
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and part-time programs, before-school and after-school programs,
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vacation care programs, parent education, the WAGES Program, and
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related family support services. The resource file shall include,
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but not be limited to:
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(a) Type of program.
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(b) Hours of service.
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(c) Ages of children served.
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(d) Number of children served.
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(e) Significant program information.
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(f) Fees and eligibility for services.
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(g) Availability of transportation.
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(2) The establishment of a referral process which responds
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to parental need for information and which is provided with full
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recognition of the confidentiality rights of parents. Resource
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and referral programs shall make referrals to licensed child care
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facilities. Referrals shall be made to an unlicensed child care
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facility or arrangement only if there is no requirement that the
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facility or arrangement be licensed.
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(3) Maintenance of ongoing documentation of requests for
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service tabulated through the internal referral process. The
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following documentation of requests for service shall be
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maintained by all child care resource and referral agencies:
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(a) Number of calls and contacts to the child care
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information and referral agency component by type of service
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requested.
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(b) Ages of children for whom service was requested.
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(c) Time category of child care requests for each child.
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(d) Special time category, such as nights, weekends, and
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swing shift.
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(e) Reason that the child care is needed.
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(f) Name of the employer and primary focus of the business.
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(4) Provision of technical assistance to existing and
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potential providers of child care services. This assistance may
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include:
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(a) Information on initiating new child care services,
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zoning, and program and budget development and assistance in
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finding such information from other sources.
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(b) Information and resources which help existing child
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care services providers to maximize their ability to serve
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children and parents in their community.
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(c) Information and incentives which could help existing or
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planned child care services offered by public or private
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employers seeking to maximize their ability to serve the children
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of their working parent employees in their community, through
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contractual or other funding arrangements with businesses.
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(5) Assistance to families and employers in applying for
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various sources of subsidy including, but not limited to,
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subsidized child care, head start, prekindergarten early
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intervention programs, Project Independence, private
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scholarships, and the federal dependent care tax credit.
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(6) Assistance to state agencies in determining the market
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rate for child care.
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(7) Assistance in negotiating discounts or other special
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arrangements with child care providers.
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(8) Information and assistance to local interagency
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councils coordinating services for prekindergarten handicapped
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children.
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(9) Assistance to families in identifying summer recreation
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camp and summer day camp programs and in evaluating the health
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and safety qualities of summer recreation camp and summer day
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camp programs and in evaluating the health and safety qualities
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of summer camp programs. Contingent upon specific appropriation,
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a checklist of important health and safety qualities that parents
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can use to choose their summer camp programs shall be developed
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and distributed in a manner that will reach parents interested in
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such programs for their children.
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(10) A child care facility licensed under s. 402.305 and
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licensed and registered family day care homes must provide the
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statewide child care and resource and referral agencies with the
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following information annually:
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(a) Type of program.
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(b) Hours of service.
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(c) Ages of children served.
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(d) Fees and eligibility for services.
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(11) The Agency for Workforce Innovation shall adopt any
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rules necessary for the implementation and administration of this
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section.
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Section 5. Section 409.178, Florida Statutes, is renumbered
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as section 411.0102, Florida Statutes, and subsection (4),
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paragraphs (b), (c), and (d) of subsection (5), and subsection
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(6) of that section are amended to read:
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findings and intent; grant; limitation; rules.--
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(4) The Child Care Executive Partnership, staffed by the
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Agency for Workforce Innovation department, shall consist of a
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representative of the Executive Office of the Governor and nine
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members of the corporate or child care community, appointed by
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the Governor.
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(a) Members shall serve for a period of 4 years, except
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that the representative of the Executive Office of the Governor
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shall serve at the pleasure of the Governor.
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(b) The Child Care Executive Partnership shall be chaired
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by a member chosen by a majority vote and shall meet at least
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quarterly and at other times upon the call of the chair.
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(c) Members shall serve without compensation, but may be
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reimbursed for per diem and travel expenses in accordance with s.
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(d) The Child Care Executive Partnership shall have all the
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powers and authority, not explicitly prohibited by statute,
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necessary to carry out and effectuate the purposes of this
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section, as well as the functions, duties, and responsibilities
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of the partnership, including, but not limited to, the following:
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1. Assisting in the formulation and coordination of the
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state's child care policy.
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2. Adopting an official seal.
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3. Soliciting, accepting, receiving, investing, and
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expending funds from public or private sources.
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4. Contracting with public or private entities as
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necessary.
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5. Approving an annual budget.
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6. Carrying forward any unexpended state appropriations
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into succeeding fiscal years.
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7. Providing a report to the Governor, the Speaker of the
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House of Representatives, and the President of the Senate, on or
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before December 1 of each year.
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(5)
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(b) To ensure a seamless service delivery and ease of
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access for families, an early learning coalition the community
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coordinated child care agencies or the state resource and
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referral Agency for Workforce Innovation shall administer the
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child care purchasing pool funds.
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(c) The Agency for Workforce Innovation department, in
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conjunction with the Child Care Executive Partnership, shall
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develop procedures for disbursement of funds through the child
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care purchasing pools. In order to be considered for funding, an
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early learning coalition the community coordinated child care
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agency or the statewide resource and referral Agency for
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Workforce Innovation must commit to:
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1. Matching the state purchasing pool funds on a dollar-
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for-dollar basis; and
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2. Expending only those public funds which are matched by
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employers, local government, and other matching contributors who
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contribute to the purchasing pool. Parents shall also pay a fee,
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which shall be not less than the amount identified in the early
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learning coalition's department's subsidized child care sliding
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fee scale.
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(d) Each early learning coalition community coordinated
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child care agency shall be required to establish a community
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child care task force for each child care purchasing pool. The
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task force must be composed of employers, parents, private child
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care providers, and one representative from the local children's
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services council, if one exists in the area of the purchasing
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pool. The early learning coalition community coordinated child
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care agency is expected to recruit the task force members from
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existing child care councils, commissions, or task forces already
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operating in the area of a purchasing pool. A majority of the
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task force shall consist of employers. Each task force shall
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develop a plan for the use of child care purchasing pool funds.
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The plan must show how many children will be served by the
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purchasing pool, how many will be new to receiving child care
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services, and how the early learning coalition community
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coordinated child care agency intends to attract new employers
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and their employees to the program.
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(6) The Agency for Workforce Innovation Department of
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Children and Family Services shall adopt any rules necessary for
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the implementation and administration of this section.
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Section 6. Paragraph (c) is added to subsection (4) of
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section 435.04, Florida Statutes, to read:
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435.04 Level 2 screening standards.--
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(4) Standards must also ensure that the person:
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(c) For child care personnel screened pursuant to s.
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not been convicted of, or entered a plea of guilty or nolo
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contendere, regardless of adjudication, to offenses prohibited
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under any of the following statutes or under similar statutes of
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another jurisdiction:
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1. Section 787.025, relating to luring or enticing a child.
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2. Section 794.05, relating to unlawful sexual activity
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with certain minors.
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3. Section 810.14, relating to voyeurism.
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4. Section 810.145, relating to video voyeurism.
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5. Any delinquent act that qualified or would have
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qualified an individual for inclusion on the Registered Juvenile
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Sex Offender List pursuant to s. 943.0435(1)(a)1.d.
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Section 7. Present subsection (4) of section 1001.10,
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Florida Statutes, is renumbered as subsection (6), and
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subsections (4) and (5) are added to that section, to read:
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1001.10 Commissioner of Education; general powers and
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duties.--
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(4) The Department of Education shall provide technical
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assistance to local school districts, charter schools, the
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Florida School for the Deaf and the Blind, and private schools
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that accept scholarship students under chapter 1002 or s. 220.187
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in the development of policies, procedures, and training related
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to educator ethics and employment practices.
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(5) The Department of Education shall provide authorized
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staff of local school districts, charter schools, the Florida
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School for the Deaf and the Blind, private schools that accept
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scholarship students under chapter 1002 or s. 220.187, and
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private providers pursuant to s. 1002.55 with access to
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electronic verification of information from the following
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employment-screening tools:
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(a) The Professional Practices' Database of Disciplinary
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Actions Against Educators; and
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(b) The Department of Education's Teacher Certification
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Database.
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Section 8. Present subsections (2), (3), and (4) of section
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1002.55, Florida Statutes, are renumbered as subsections (3),
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(4), and (5), respectively, a new subsection (2) is added to that
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section, and present subsection (3) of that section is amended,
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to read:
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1002.55 School-year prekindergarten program delivered by
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private prekindergarten providers.--
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(2) A private provider participating in the Voluntary
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Prekindergarten Education Program under this section must comply
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with the following:
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(a) The provider must complete ethics training that has
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been developed jointly by the Department of Children and Family
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Services, the Department of Education, and the Agency for
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Workforce Innovation. Such training shall include strategies on
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how to adopt and communicate policies, responsibilities, and
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procedures for reporting suspected or actual misconduct by a
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prekindergarten instructor or administrator which affects the
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health, safety, or welfare of a student, and an explanation of
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liability protections provided to students, parents, and
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completion of training shall be documented on the child care
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personnel training transcript of the Department of Children and
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Family Services.
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(b) The provider must disqualify from employment any
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prekindergarten instructor or administrator who has been
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convicted of a disqualifying offense identified under s. 435.04.
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(c) Before appointing a candidate as a prekindergarten
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instructor or administrator, the provider must contact the
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candidate's previous employer pursuant to ss. 402.302(13) and
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435.10 to assess the candidate's ability to meet ethical
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standards for professional educators, screen the candidate
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through the use of the educator-screening tools described in s.
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1001.10(5) and the electronic database of the Department of
471
Children and Family Services, and document the findings.
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(d) The provider may not enter into a confidentiality
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agreement regarding a terminated or dismissed employee or an
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employee who resigns in lieu of termination based in whole or in
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part on unethical conduct that affects the health, safety, or
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welfare of a student and may not provide the employee with a
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favorable recommendation for employment in another educational
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setting. A portion of an agreement or contract that has the
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purpose or effect of concealing the misconduct of a
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prekindergarten instructor or administrator is void, is contrary
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to public policy, and may not be enforced.
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(e) The Agency for Workforce Innovation shall prohibit a
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private provider that fails to comply with this subsection from
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accepting funds under the Voluntary Prekindergarten Program for a
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period of 1 calendar year and until the provider complies with
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this subsection.
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(4)(3) To be eligible to deliver the prekindergarten
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program, a private prekindergarten provider must meet each of the
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following requirements:
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(a) The private prekindergarten provider must be a child
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care facility licensed under s. 402.305, family day care home
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licensed under s. 402.313, large family child care home licensed
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under s. 402.3131, nonpublic school exempt from licensure under
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s. 402.3025(2), or faith-based child care provider exempt from
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licensure under s. 402.316.
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(b) The private prekindergarten provider must:
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1. Be accredited by an accrediting association that is a
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member of the National Council for Private School Accreditation,
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the Commission on International and Trans-Regional Accreditation,
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or the Florida Association of Academic Nonpublic Schools and have
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written accreditation standards that meet or exceed the state's
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402.3131 and require at least one on-site visit to the provider
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or school before accreditation is granted;
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2. Hold a current Gold Seal Quality Care designation under
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s. 402.281; or
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and demonstrate, before delivering the Voluntary Prekindergarten
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Education Program, as verified by the early learning coalition,
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that the provider meets each of the requirements of the program
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under this part, including, but not limited to, the requirements
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for credentials and background screenings of prekindergarten
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instructors under paragraphs (c) and (d), minimum and maximum
514
class sizes under paragraph (f) (e), prekindergarten director
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credentials under paragraph (g) (f), and a developmentally
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appropriate curriculum under s. 1002.67(2)(b).
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(c) The private prekindergarten provider must have, for
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each prekindergarten class, at least one prekindergarten
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instructor who meets each of the following requirements:
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1. The prekindergarten instructor must hold, at a minimum,
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one of the following credentials:
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a. A child development associate credential issued by the
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National Credentialing Program of the Council for Professional
524
Recognition; or
525
b. A credential approved by the Department of Children and
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Family Services as being equivalent to or greater than the
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credential described in sub-subparagraph a.
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The Department of Children and Family Services may adopt rules
531
procedures for approving equivalent credentials under sub-
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subparagraph b.
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2. The prekindergarten instructor must successfully
534
complete an emergent literacy training course approved by the
535
department as meeting or exceeding the minimum standards adopted
536
under s. 1002.59. This subparagraph does not apply to a
537
prekindergarten instructor who successfully completes approved
538
training in early literacy and language development under s.
540
establishment of one or more emergent literacy training courses
541
under s. 1002.59 or April 1, 2005, whichever occurs later.
542
(d) Each prekindergarten instructor employed by the private
543
prekindergarten provider must be of good moral character, must be
544
screened using the level 2 screening standards in s. 435.04
545
before employment and rescreened at least once every 5 years,
546
must be denied employment or terminated if required under s.
547
435.06, and must not be ineligible to teach in a public school
548
because his or her educator certificate is suspended or revoked.
549
(e) A private prekindergarten provider may assign a
550
substitute instructor to temporarily replace a credentialed
551
instructor if the credentialed instructor assigned to a
552
prekindergarten class is absent, as long as the substitute
553
instructor is of good moral character, has been screened in
554
accordance with level 2 background screening requirements in s.
555
435.04, and meets the screening standards in that section. The
556
Agency for Workforce Innovation shall adopt rules to implement
557
this paragraph which shall include required qualifications of
558
substitute instructors and the circumstances and time limits for
559
which a private prekindergarten provider may assign a substitute
560
instructor.
561
(f)(e) Each of the private prekindergarten provider's
562
prekindergarten classes must be composed of at least 4 students
563
but may not exceed 18 students. In order to protect the health
564
and safety of students, each private prekindergarten provider
565
must also provide appropriate adult supervision for students at
566
all times and, for each prekindergarten class composed of 11 or
567
more students, must have, in addition to a prekindergarten
568
instructor who meets the requirements of paragraph (c), at least
569
one adult prekindergarten instructor who is not required to meet
570
those requirements but who must meet each requirement of
571
paragraph (d). This paragraph does not supersede any requirement
573
(g)(f) Before the beginning of the 2006-2007 school year,
574
the private prekindergarten provider must have a prekindergarten
575
director who has a prekindergarten director credential that is
576
approved by the department as meeting or exceeding the minimum
577
standards adopted under s. 1002.57. Successful completion of a
578
child care facility director credential under s. 402.305(2)(f)
579
before the establishment of the prekindergarten director
580
credential under s. 1002.57 or July 1, 2006, whichever occurs
581
later, satisfies the requirement for a prekindergarten director
582
credential under this paragraph.
583
(h)(g) The private prekindergarten provider must register
584
with the early learning coalition on forms prescribed by the
585
Agency for Workforce Innovation.
586
(i)(h) The private prekindergarten provider must deliver
587
the Voluntary Prekindergarten Education Program in accordance
588
with this part.
589
Section 9. Section 1002.61, Florida Statutes, is amended to
590
read:
591
1002.61 Summer prekindergarten program delivered by public
592
schools and private prekindergarten providers.--
593
(1)(a) Each school district shall administer the Voluntary
594
Prekindergarten Education Program at the district level for
595
students enrolled under s. 1002.53(3)(b) in a summer
596
prekindergarten program delivered by a public school.
597
(b) Each early learning coalition shall administer the
598
Voluntary Prekindergarten Education Program at the county or
599
regional level for students enrolled under s. 1002.53(3)(b) in a
600
summer prekindergarten program delivered by a private
601
prekindergarten provider.
602
(2) Each summer prekindergarten program delivered by a
603
public school or private prekindergarten provider must:
604
(a) Comprise at least 300 instructional hours;
605
(b) Not begin earlier than May 1 of the school year; and
606
(c) Not deliver the program for a child earlier than the
607
summer immediately before the school year for which the child is
608
eligible for admission to kindergarten in a public school under
609
s. 1003.21(1)(a)2.
610
(3)(a) Each district school board shall determine which
611
public schools in the school district are eligible to deliver the
612
summer prekindergarten program. The school district shall use
613
educational facilities available in the public schools during the
614
summer term for the summer prekindergarten program.
615
(b) Except as provided in this section, to be eligible to
616
deliver the summer prekindergarten program, a private
617
prekindergarten provider must meet each requirement in s.
618
620
each public school and private prekindergarten provider must
621
have, for each prekindergarten class, at least one
622
prekindergarten instructor who:
623
(a) Is a certified teacher; or
624
(b) Holds one of the educational credentials specified in
625
s. 1002.55(4)(a) or (b).
626
627
As used in this subsection, the term "certified teacher" means a
628
teacher holding a valid Florida educator certificate under s.
629
1012.56 who has the qualifications required by the district
630
school board to instruct students in the summer prekindergarten
631
program. In selecting instructional staff for the summer
632
prekindergarten program, each school district shall give priority
633
to teachers who have experience or coursework in early childhood
634
education.
635
(5) Each prekindergarten instructor employed by a public
636
school or private prekindergarten provider delivering the summer
637
prekindergarten program must be of good moral character, must be
638
screened using the level 2 screening standards in s. 435.04
639
before employment and rescreened at least once every 5 years,
640
must be denied employment or terminated if required under s.
641
435.06, and must not be ineligible to teach in a public school
642
because his or her educator certificate is suspended or revoked.
643
This subsection does not supersede employment requirements for
644
instructional personnel in public schools which are more
645
stringent than the requirements of this subsection.
646
(6) A public school or private prekindergarten provider may
647
assign a substitute instructor to temporarily replace a
648
credentialed instructor if the credentialed instructor assigned
649
to a prekindergarten class is absent, as long as the substitute
650
instructor is of good moral character and has been screened in
651
accordance with level 2 background screening requirements in s.
652
435.04, and meets the screening standards in that section. The
653
Agency for Workforce Innovation shall adopt rules to implement
654
this subsection which shall include required qualifications of
655
substitute instructors and the circumstances and time limits for
656
which a public school or private prekindergarten provider may
657
assign a substitute instructor.
658
(7)(6) Notwithstanding ss. 1002.55(3)(f)(e) and
659
1002.63(8)(7), each prekindergarten class in the summer
660
prekindergarten program, regardless of whether the class is a
661
public school's or private prekindergarten provider's class, must
662
be composed of at least 4 students but may not exceed 10
663
students. In order to protect the health and safety of students,
664
each public school or private prekindergarten provider must also
665
provide appropriate adult supervision for students at all times.
666
This subsection does not supersede any requirement imposed on a
668
(8)(7) Each public school delivering the summer
669
prekindergarten program must also:
670
(a) Register with the early learning coalition on forms
671
prescribed by the Agency for Workforce Innovation; and
672
(b) Deliver the Voluntary Prekindergarten Education Program
673
in accordance with this part.
674
Section 10. Section 1002.63, Florida Statutes, is amended
675
to read:
676
1002.63 School-year prekindergarten program delivered by
677
public schools.--
678
(1) Each school district eligible under subsection (4) may
679
administer the Voluntary Prekindergarten Education Program at the
680
district level for students enrolled under s. 1002.53(3)(c) in a
681
school-year prekindergarten program delivered by a public school.
682
(2) Each school-year prekindergarten program delivered by a
683
public school must comprise at least 540 instructional hours.
684
(3) The district school board of each school district
685
eligible under subsection (4) shall determine which public
686
schools in the district are eligible to deliver the
687
prekindergarten program during the school year.
688
(4) To be eligible to deliver the prekindergarten program
689
during the school year, each school district must meet both of
690
the following requirements:
691
(a) The district school board must certify to the State
692
Board of Education that the school district:
693
1. Has reduced the average class size in each classroom in
694
accordance with s. 1003.03 and the schedule in s. 1(a), Art. IX
695
of the State Constitution; and
696
2. Has sufficient satisfactory educational facilities and
697
capital outlay funds to continue reducing the average class size
698
in each classroom in the district's elementary schools for each
699
year in accordance with the schedule for class size reduction and
700
to achieve full compliance with the maximum class sizes in s.
701
1(a), Art. IX of the State Constitution by the beginning of the
702
2010-2011 school year.
703
(b) The Commissioner of Education must certify to the State
704
Board of Education that the department has reviewed the school
705
district's educational facilities, capital outlay funds, and
706
projected student enrollment and concurs with the district school
707
board's certification under paragraph (a).
708
(5) Each public school must have, for each prekindergarten
709
class, at least one prekindergarten instructor who meets each
710
requirement in s. 1002.55(3)(c) for a prekindergarten instructor
711
of a private prekindergarten provider.
712
(6) Each prekindergarten instructor employed by a public
713
school delivering the school-year prekindergarten program must be
714
of good moral character, must be screened using the level 2
715
screening standards in s. 435.04 before employment and rescreened
716
at least once every 5 years, must be denied employment or
717
terminated if required under s. 435.06, and must not be
718
ineligible to teach in a public school because his or her
719
educator certificate is suspended or revoked. This subsection
720
does not supersede employment requirements for instructional
721
personnel in public schools which are more stringent than the
722
requirements of this subsection.
723
(7) A public school prekindergarten provider may assign a
724
substitute instructor to temporarily replace a credentialed
725
instructor if the credentialed instructor assigned to a
726
prekindergarten class is absent, as long as the substitute
727
instructor is of good moral character and has been screened in
728
accordance with level 2 background screening requirements in s.
729
435.04, and meets the screening standards in that section. The
730
Agency for Workforce Innovation shall adopt rules to implement
731
this subsection which shall include required qualifications of
732
substitute instructors and the circumstances and time limits for
733
which a public school prekindergarten provider may assign a
734
substitute instructor.
735
(8)(7) Each prekindergarten class in a public school
736
delivering the school-year prekindergarten program must be
737
composed of at least 4 students but may not exceed 18 students.
738
In order to protect the health and safety of students, each
739
school must also provide appropriate adult supervision for
740
students at all times and, for each prekindergarten class
741
composed of 11 or more students, must have, in addition to a
742
prekindergarten instructor who meets the requirements of s.
743
1002.55(3)(c), at least one adult prekindergarten instructor who
744
is not required to meet those requirements but who must meet each
745
requirement of subsection (6).
746
(9)(8) Each public school delivering the school-year
747
prekindergarten program must:
748
(a) Register with the early learning coalition on forms
749
prescribed by the Agency for Workforce Innovation; and
750
(b) Deliver the Voluntary Prekindergarten Education Program
751
in accordance with this part.
752
Section 11. Subsection (1) of section 1002.69, Florida
753
Statutes, is amended to read:
754
1002.69 Statewide kindergarten screening; kindergarten
755
readiness rates.--
756
(1) The department shall adopt a statewide kindergarten
757
screening that assesses the readiness of each student for
758
kindergarten based upon the performance standards adopted by the
759
department under s. 1002.67(1) for the Voluntary Prekindergarten
760
Education Program. The screening shall include, as one criteria
761
for kindergarten readiness, the ability to communicate in the
762
English language. The department shall require that each school
763
district administer the statewide kindergarten screening to each
764
kindergarten student in the school district within the first 30
765
school days of each school year.
766
Section 12. This act shall take effect July 1, 2008.
CODING: Words stricken are deletions; words underlined are additions.