Florida Senate - 2008 CS for CS for CS for SB 1670
By the Committees on Commerce; Children, Families, and Elder Affairs; Education Pre-K - 12; and Senators Gaetz and Lynn
577-06924-08 20081670c3
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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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revising the basis for calculating a school's kindergarten
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readiness rate; 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
436
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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training shall be documented on the child care personnel training
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transcript of the Department of Children and 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
469
Children and Family Services, and document the findings.
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(d) The provider may not enter into a confidentiality
471
agreement regarding a terminated or dismissed employee or an
472
employee who resigns in lieu of termination based in whole or in
473
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
475
favorable recommendation for employment in another educational
476
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
483
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
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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,
519
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
522
Recognition; or
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b. A credential approved by the Department of Children and
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Family Services as being equivalent to or greater than the
525
credential described in sub-subparagraph a.
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The Department of Children and Family Services may adopt rules
529
procedures for approving equivalent credentials under sub-
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subparagraph b.
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2. The prekindergarten instructor must successfully
532
complete an emergent literacy training course approved by the
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department as meeting or exceeding the minimum standards adopted
534
under s. 1002.59. This subparagraph does not apply to a
535
prekindergarten instructor who successfully completes approved
536
training in early literacy and language development under s.
538
establishment of one or more emergent literacy training courses
539
under s. 1002.59 or April 1, 2005, whichever occurs later.
540
(d) Each prekindergarten instructor employed by the private
541
prekindergarten provider must be of good moral character, must be
542
screened using the level 2 screening standards in s. 435.04
543
before employment and rescreened at least once every 5 years,
544
must be denied employment or terminated if required under s.
545
435.06, and must not be ineligible to teach in a public school
546
because his or her educator certificate is suspended or revoked.
547
(e) A private prekindergarten provider may assign a
548
substitute instructor to temporarily replace a credentialed
549
instructor if the credentialed instructor assigned to a
550
prekindergarten class is absent, as long as the substitute
551
instructor is of good moral character, has been screened in
552
accordance with level 2 background screening requirements in s.
553
435.04, and meets the screening standards in that section. The
554
Agency for Workforce Innovation shall adopt rules to implement
555
this paragraph which shall include required qualifications of
556
substitute instructors and the circumstances and time limits for
557
which a private prekindergarten provider may assign a substitute
558
instructor.
559
(f)(e) Each of the private prekindergarten provider's
560
prekindergarten classes must be composed of at least 4 students
561
but may not exceed 18 students. In order to protect the health
562
and safety of students, each private prekindergarten provider
563
must also provide appropriate adult supervision for students at
564
all times and, for each prekindergarten class composed of 11 or
565
more students, must have, in addition to a prekindergarten
566
instructor who meets the requirements of paragraph (c), at least
567
one adult prekindergarten instructor who is not required to meet
568
those requirements but who must meet each requirement of
569
paragraph (d). This paragraph does not supersede any requirement
571
(g)(f) Before the beginning of the 2006-2007 school year,
572
the private prekindergarten provider must have a prekindergarten
573
director who has a prekindergarten director credential that is
574
approved by the department as meeting or exceeding the minimum
575
standards adopted under s. 1002.57. Successful completion of a
576
child care facility director credential under s. 402.305(2)(f)
577
before the establishment of the prekindergarten director
578
credential under s. 1002.57 or July 1, 2006, whichever occurs
579
later, satisfies the requirement for a prekindergarten director
580
credential under this paragraph.
581
(h)(g) The private prekindergarten provider must register
582
with the early learning coalition on forms prescribed by the
583
Agency for Workforce Innovation.
584
(i)(h) The private prekindergarten provider must deliver
585
the Voluntary Prekindergarten Education Program in accordance
586
with this part.
587
Section 9. Section 1002.61, Florida Statutes, is amended to
588
read:
589
1002.61 Summer prekindergarten program delivered by public
590
schools and private prekindergarten providers.--
591
(1)(a) Each school district shall administer the Voluntary
592
Prekindergarten Education Program at the district level for
593
students enrolled under s. 1002.53(3)(b) in a summer
594
prekindergarten program delivered by a public school.
595
(b) Each early learning coalition shall administer the
596
Voluntary Prekindergarten Education Program at the county or
597
regional level for students enrolled under s. 1002.53(3)(b) in a
598
summer prekindergarten program delivered by a private
599
prekindergarten provider.
600
(2) Each summer prekindergarten program delivered by a
601
public school or private prekindergarten provider must:
602
(a) Comprise at least 300 instructional hours;
603
(b) Not begin earlier than May 1 of the school year; and
604
(c) Not deliver the program for a child earlier than the
605
summer immediately before the school year for which the child is
606
eligible for admission to kindergarten in a public school under
607
s. 1003.21(1)(a)2.
608
(3)(a) Each district school board shall determine which
609
public schools in the school district are eligible to deliver the
610
summer prekindergarten program. The school district shall use
611
educational facilities available in the public schools during the
612
summer term for the summer prekindergarten program.
613
(b) Except as provided in this section, to be eligible to
614
deliver the summer prekindergarten program, a private
615
prekindergarten provider must meet each requirement in s.
616
618
each public school and private prekindergarten provider must
619
have, for each prekindergarten class, at least one
620
prekindergarten instructor who:
621
(a) Is a certified teacher; or
622
(b) Holds one of the educational credentials specified in
623
s. 1002.55(4)(a) or (b).
624
625
As used in this subsection, the term "certified teacher" means a
626
teacher holding a valid Florida educator certificate under s.
627
1012.56 who has the qualifications required by the district
628
school board to instruct students in the summer prekindergarten
629
program. In selecting instructional staff for the summer
630
prekindergarten program, each school district shall give priority
631
to teachers who have experience or coursework in early childhood
632
education.
633
(5) Each prekindergarten instructor employed by a public
634
school or private prekindergarten provider delivering the summer
635
prekindergarten program must be of good moral character, must be
636
screened using the level 2 screening standards in s. 435.04
637
before employment and rescreened at least once every 5 years,
638
must be denied employment or terminated if required under s.
639
435.06, and must not be ineligible to teach in a public school
640
because his or her educator certificate is suspended or revoked.
641
This subsection does not supersede employment requirements for
642
instructional personnel in public schools which are more
643
stringent than the requirements of this subsection.
644
(6) A public school or private prekindergarten provider may
645
assign a substitute instructor to temporarily replace a
646
credentialed instructor if the credentialed instructor assigned
647
to a prekindergarten class is absent, as long as the substitute
648
instructor is of good moral character and has been screened in
649
accordance with level 2 background screening requirements in s.
650
435.04, and meets the screening standards in that section. The
651
Agency for Workforce Innovation shall adopt rules to implement
652
this subsection which shall include required qualifications of
653
substitute instructors and the circumstances and time limits for
654
which a public school or private prekindergarten provider may
655
assign a substitute instructor.
656
(7)(6) Notwithstanding ss. 1002.55(3)(f)(e) and
657
1002.63(8)(7), each prekindergarten class in the summer
658
prekindergarten program, regardless of whether the class is a
659
public school's or private prekindergarten provider's class, must
660
be composed of at least 4 students but may not exceed 10
661
students. In order to protect the health and safety of students,
662
each public school or private prekindergarten provider must also
663
provide appropriate adult supervision for students at all times.
664
This subsection does not supersede any requirement imposed on a
666
(8)(7) Each public school delivering the summer
667
prekindergarten program must also:
668
(a) Register with the early learning coalition on forms
669
prescribed by the Agency for Workforce Innovation; and
670
(b) Deliver the Voluntary Prekindergarten Education Program
671
in accordance with this part.
672
Section 10. Section 1002.63, Florida Statutes, is amended
673
to read:
674
1002.63 School-year prekindergarten program delivered by
675
public schools.--
676
(1) Each school district eligible under subsection (4) may
677
administer the Voluntary Prekindergarten Education Program at the
678
district level for students enrolled under s. 1002.53(3)(c) in a
679
school-year prekindergarten program delivered by a public school.
680
(2) Each school-year prekindergarten program delivered by a
681
public school must comprise at least 540 instructional hours.
682
(3) The district school board of each school district
683
eligible under subsection (4) shall determine which public
684
schools in the district are eligible to deliver the
685
prekindergarten program during the school year.
686
(4) To be eligible to deliver the prekindergarten program
687
during the school year, each school district must meet both of
688
the following requirements:
689
(a) The district school board must certify to the State
690
Board of Education that the school district:
691
1. Has reduced the average class size in each classroom in
692
accordance with s. 1003.03 and the schedule in s. 1(a), Art. IX
693
of the State Constitution; and
694
2. Has sufficient satisfactory educational facilities and
695
capital outlay funds to continue reducing the average class size
696
in each classroom in the district's elementary schools for each
697
year in accordance with the schedule for class size reduction and
698
to achieve full compliance with the maximum class sizes in s.
699
1(a), Art. IX of the State Constitution by the beginning of the
700
2010-2011 school year.
701
(b) The Commissioner of Education must certify to the State
702
Board of Education that the department has reviewed the school
703
district's educational facilities, capital outlay funds, and
704
projected student enrollment and concurs with the district school
705
board's certification under paragraph (a).
706
(5) Each public school must have, for each prekindergarten
707
class, at least one prekindergarten instructor who meets each
708
requirement in s. 1002.55(3)(c) for a prekindergarten instructor
709
of a private prekindergarten provider.
710
(6) Each prekindergarten instructor employed by a public
711
school delivering the school-year prekindergarten program must be
712
of good moral character, must be screened using the level 2
713
screening standards in s. 435.04 before employment and rescreened
714
at least once every 5 years, must be denied employment or
715
terminated if required under s. 435.06, and must not be
716
ineligible to teach in a public school because his or her
717
educator certificate is suspended or revoked. This subsection
718
does not supersede employment requirements for instructional
719
personnel in public schools which are more stringent than the
720
requirements of this subsection.
721
(7) A public school prekindergarten provider may assign a
722
substitute instructor to temporarily replace a credentialed
723
instructor if the credentialed instructor assigned to a
724
prekindergarten class is absent, as long as the substitute
725
instructor is of good moral character and has been screened in
726
accordance with level 2 background screening requirements in s.
727
435.04, and meets the screening standards in that section. The
728
Agency for Workforce Innovation shall adopt rules to implement
729
this subsection which shall include required qualifications of
730
substitute instructors and the circumstances and time limits for
731
which a public school prekindergarten provider may assign a
732
substitute instructor.
733
(8)(7) Each prekindergarten class in a public school
734
delivering the school-year prekindergarten program must be
735
composed of at least 4 students but may not exceed 18 students.
736
In order to protect the health and safety of students, each
737
school must also provide appropriate adult supervision for
738
students at all times and, for each prekindergarten class
739
composed of 11 or more students, must have, in addition to a
740
prekindergarten instructor who meets the requirements of s.
741
1002.55(3)(c), at least one adult prekindergarten instructor who
742
is not required to meet those requirements but who must meet each
743
requirement of subsection (6).
744
(9)(8) Each public school delivering the school-year
745
prekindergarten program must:
746
(a) Register with the early learning coalition on forms
747
prescribed by the Agency for Workforce Innovation; and
748
(b) Deliver the Voluntary Prekindergarten Education Program
749
in accordance with this part.
750
Section 11. Subsection (5) of section 1002.69, Florida
751
Statutes, is amended to read:
752
1002.69 Statewide kindergarten screening; kindergarten
753
readiness rates.--
754
(5) The State Board of Education shall adopt procedures for
755
the department to annually calculate each private prekindergarten
756
provider's and public school's kindergarten readiness rate, which
757
must be expressed as the percentage of the provider's or school's
758
students who are assessed as ready for kindergarten. The
759
kindergarten readiness rates must be based exclusively upon the
760
results of the statewide kindergarten screening for students
761
completing the Voluntary Prekindergarten Education Program and,
762
if applicable, the students' results on the department's approved
763
Aural/Oral Language Proficiency Test beginning with students
764
completing the program during the 2005-2006 school year who are
765
administered the statewide kindergarten screening during the
766
2006-2007 school year. The rates must not include students who
767
are not administered the statewide kindergarten screening.
768
Section 12. This act shall take effect July 1, 2008.
CODING: Words stricken are deletions; words underlined are additions.