| 1 | A bill to be entitled |
| 2 | An act relating to early learning; creating s. 20.153, |
| 3 | F.S.; creating the Agency for Early Learning; providing |
| 4 | for appointment and duties of an agency director; |
| 5 | providing agency responsibilities; providing for type two |
| 6 | transfer of the Office of Early Learning in the Agency for |
| 7 | Workforce Innovation, the Office of Early Learning in the |
| 8 | Department of Education, child care facility licensing |
| 9 | responsibilities of the Department of Children and Family |
| 10 | Services, and the Department of Health Florida Infants and |
| 11 | Toddlers Early Intervention Program to the Agency for |
| 12 | Early Learning; amending ss. 20.50, 216.136, and 391.025, |
| 13 | F.S.; conforming provisions; amending s. 411.0105, F.S.; |
| 14 | designating the Agency for Early Learning as the lead |
| 15 | agency for administering the federal Early Learning |
| 16 | Opportunities Act; amending ss. 1002.22, 1002.63, and |
| 17 | 1002.67, F.S.; conforming provisions and clarifying |
| 18 | certain duties; amending s. 1002.69, F.S.; revising |
| 19 | provisions relating to calculation of kindergarten |
| 20 | readiness rates; amending ss. 1002.71, 1002.73, 1002.75, |
| 21 | 1002.77, 1002.79, and 1003.575, F.S.; conforming |
| 22 | provisions and clarifying certain duties; providing for |
| 23 | the continued validity of certain child care facility |
| 24 | licenses and registrations; repealing s. 391.308, F.S., |
| 25 | relating to the Florida Infants and Toddlers Early |
| 26 | Intervention Program administered by the Department of |
| 27 | Health; requiring the Division of Statutory Revision to |
| 28 | make conforming changes to the Florida Statutes and to |
| 29 | provide certain assistance to legislative committees and |
| 30 | councils; providing an effective date. |
| 31 |
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| 32 | Be It Enacted by the Legislature of the State of Florida: |
| 33 |
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| 34 | Section 1. Section 20.153, Florida Statutes, is created to |
| 35 | read: |
| 36 | 20.153 Agency for Early Learning.--There is created the |
| 37 | Agency for Early Learning, housed within the Department of |
| 38 | Education for administrative purposes only. The agency shall be |
| 39 | a separate budget entity not subject to control, supervision, or |
| 40 | direction by the Department of Education in any manner, |
| 41 | including, but not limited to, personnel, purchasing, |
| 42 | transactions involving real or personal property, and budgetary |
| 43 | matters. |
| 44 | (1) The director of the agency shall be the agency head |
| 45 | for all purposes, shall be appointed by the Governor subject to |
| 46 | confirmation by the Senate, and shall serve at the pleasure of |
| 47 | the Governor. The director shall administer the affairs of the |
| 48 | agency and may, within available resources, employ assistants, |
| 49 | professional staff, and other employees as necessary to |
| 50 | discharge the powers and duties of the agency. |
| 51 | (2)(a) The agency shall administer the state's school |
| 52 | readiness system, the Voluntary Prekindergarten Education |
| 53 | Program, and child care facility licensing. |
| 54 | (b) The agency shall implement and administer part C of |
| 55 | the federal Individuals with Disabilities Education Act, which |
| 56 | shall be known as the Florida Infants and Toddlers Early |
| 57 | Intervention Program (Early Steps). The agency, jointly with the |
| 58 | Department of Education, shall annually prepare a grant |
| 59 | application to the United States Department of Education for |
| 60 | funding early intervention services for infants and toddlers |
| 61 | with disabilities, from birth through 36 months of age, and |
| 62 | their families, pursuant to part C of the federal Individuals |
| 63 | with Disabilities Education Act. The agency, jointly with the |
| 64 | Department of Education, shall include a reading initiative as |
| 65 | an early intervention service for infants and toddlers. |
| 66 | (c) The agency shall engage in such other administrative |
| 67 | activities as are deemed necessary to effectively and |
| 68 | efficiently address the early education, early intervention, and |
| 69 | child care needs of young children and their families. |
| 70 | Section 2. (1) All of the powers, duties, functions, |
| 71 | records, personnel, and property; unexpended balances of |
| 72 | appropriations, allocations, and other funds; administrative |
| 73 | authority; administrative rules; pending issues; and existing |
| 74 | contracts of the Office of Early Learning in the Agency for |
| 75 | Workforce Innovation are transferred by a type two transfer, |
| 76 | pursuant to s. 20.06(2), Florida Statutes, to the Agency for |
| 77 | Early Learning. |
| 78 | (2) All of the powers, duties, functions, records, |
| 79 | personnel, and property; unexpended balances of appropriations, |
| 80 | allocations, and other funds; administrative authority; |
| 81 | administrative rules; pending issues; and existing contracts of |
| 82 | the Office of Early Learning in the Department of Education are |
| 83 | transferred by a type two transfer, pursuant to s. 20.06(2), |
| 84 | Florida Statutes, to the Agency for Early Learning. |
| 85 | (3) All of the powers, duties, functions, records, |
| 86 | personnel, and property; unexpended balances of appropriations, |
| 87 | allocations, and other funds; administrative authority; |
| 88 | administrative rules; pending issues; and existing contracts of |
| 89 | the Department of Children and Family Services relating to child |
| 90 | care facility licensing are transferred by a type two transfer, |
| 91 | pursuant to s. 20.06(2), Florida Statutes, to the Agency for |
| 92 | Early Learning. |
| 93 | (4) All of the powers, duties, functions, records, |
| 94 | personnel, and property; unexpended balances of appropriations, |
| 95 | allocations, and other funds; administrative authority; |
| 96 | administrative rules; pending issues; and existing contracts of |
| 97 | the Florida Infants and Toddlers Early Intervention Program in |
| 98 | the Division of Children's Medical Services Network of the |
| 99 | Department of Health are transferred by a type two transfer, |
| 100 | pursuant to s. 20.06(2), Florida Statutes, to the Agency for |
| 101 | Early Learning. |
| 102 | Section 3. Paragraph (c) of subsection (2) of section |
| 103 | 20.50, Florida Statutes, is amended to read: |
| 104 | 20.50 Agency for Workforce Innovation.--There is created |
| 105 | the Agency for Workforce Innovation within the Department of |
| 106 | Management Services. The agency shall be a separate budget |
| 107 | entity, as provided in the General Appropriations Act, and the |
| 108 | director of the agency shall be the agency head for all |
| 109 | purposes. The agency shall not be subject to control, |
| 110 | supervision, or direction by the Department of Management |
| 111 | Services in any manner, including, but not limited to, |
| 112 | personnel, purchasing, transactions involving real or personal |
| 113 | property, and budgetary matters. |
| 114 | (2) |
| 115 | (c) The agency shall include the following offices within |
| 116 | its organizational structure: |
| 117 | 1. The Office of Unemployment Compensation Services; |
| 118 | 2. The Office of Workforce Program Support; and |
| 119 | 3. The Office of Early Learning, which shall administer |
| 120 | the school readiness system in accordance with s. 411.01 and the |
| 121 | operational requirements of the Voluntary Prekindergarten |
| 122 | Education Program in accordance with part V of chapter 1002. The |
| 123 | office shall be directed by the Deputy Director for Early |
| 124 | Learning, who shall be appointed by and serve at the pleasure of |
| 125 | the director; and |
| 126 | 3.4. The Office of Agency Support Services. |
| 127 |
|
| 128 | The director of the agency may establish the positions of |
| 129 | assistant director and deputy director to administer the |
| 130 | requirements and functions of the agency. In addition, the |
| 131 | director may organize and structure the offices of the agency to |
| 132 | best meet the goals and objectives of the agency as provided in |
| 133 | s. 20.04. |
| 134 | Section 4. Paragraph (b) of subsection (8) of section |
| 135 | 216.136, Florida Statutes, is amended to read: |
| 136 | 216.136 Consensus estimating conferences; duties and |
| 137 | principals.-- |
| 138 | (8) EARLY LEARNING PROGRAMS ESTIMATING CONFERENCE.-- |
| 139 | (b) The Agency for Early Learning Workforce Innovation |
| 140 | shall provide information on needs and waiting lists for school |
| 141 | readiness programs, and information on the needs for the |
| 142 | Voluntary Prekindergarten Education Program, as requested by the |
| 143 | Early Learning Programs Estimating Conference or individual |
| 144 | conference principals in a timely manner. |
| 145 | Section 5. Paragraph (d) of subsection (1) of section |
| 146 | 391.025, Florida Statutes, is amended to read: |
| 147 | 391.025 Applicability and scope.-- |
| 148 | (1) The Children's Medical Services program consists of |
| 149 | the following components: |
| 150 | (d) The developmental evaluation and intervention program, |
| 151 | including the Florida Infants and Toddlers Early Intervention |
| 152 | Program. |
| 153 | Section 6. Section 411.0105, Florida Statutes, is amended |
| 154 | to read: |
| 155 | 411.0105 Early Learning Opportunities Act and Even Start |
| 156 | Family Literacy Programs; lead agency.-- |
| 157 | (1) For purposes of administration of the Early Learning |
| 158 | Opportunities Act, pursuant to Pub. L. No. 106-554, the Agency |
| 159 | for Early Learning is designated as the lead agency and must |
| 160 | comply with lead agency responsibilities pursuant to federal |
| 161 | law. and |
| 162 | (2) For purposes of administration of the Even Start |
| 163 | Family Literacy Programs, pursuant to Pub. L. No. 106-554, the |
| 164 | Agency for Workforce Innovation is designated as the lead agency |
| 165 | and must comply with lead agency responsibilities pursuant to |
| 166 | federal law. |
| 167 | Section 7. Paragraph (d) of subsection (3) of section |
| 168 | 1002.22, Florida Statutes, is amended to read: |
| 169 | 1002.22 Student records and reports; rights of parents and |
| 170 | students; notification; penalty.-- |
| 171 | (3) RIGHTS OF PARENT OR STUDENT.--The parent of any |
| 172 | student who attends or has attended any public school, career |
| 173 | center, or public postsecondary educational institution shall |
| 174 | have the following rights with respect to any records or reports |
| 175 | created, maintained, and used by any public educational |
| 176 | institution in the state. However, whenever a student has |
| 177 | attained 18 years of age, or is attending a postsecondary |
| 178 | educational institution, the permission or consent required of, |
| 179 | and the rights accorded to, the parents of the student shall |
| 180 | thereafter be required of and accorded to the student only, |
| 181 | unless the student is a dependent student of such parents as |
| 182 | defined in 26 U.S.C. s. 152 (s. 152 of the Internal Revenue Code |
| 183 | of 1954). The State Board of Education shall adopt rules whereby |
| 184 | parents or students may exercise these rights: |
| 185 | (d) Right of privacy.--Every student has a right of |
| 186 | privacy with respect to the educational records kept on him or |
| 187 | her. Personally identifiable records or reports of a student, |
| 188 | and any personal information contained therein, are confidential |
| 189 | and exempt from s. 119.07(1). A state or local educational |
| 190 | agency, board, public school, career center, or public |
| 191 | postsecondary educational institution may not permit the release |
| 192 | of such records, reports, or information without the written |
| 193 | consent of the student's parent, or of the student himself or |
| 194 | herself if he or she is qualified as provided in this |
| 195 | subsection, to any individual, agency, or organization. However, |
| 196 | personally identifiable records or reports of a student may be |
| 197 | released to the following persons or organizations without the |
| 198 | consent of the student or the student's parent: |
| 199 | 1. Officials of schools, school systems, career centers, |
| 200 | or public postsecondary educational institutions in which the |
| 201 | student seeks or intends to enroll; and a copy of such records |
| 202 | or reports shall be furnished to the parent or student upon |
| 203 | request. |
| 204 | 2. Other school officials, including teachers within the |
| 205 | educational institution or agency, who have legitimate |
| 206 | educational interests in the information contained in the |
| 207 | records. |
| 208 | 3. The United States Secretary of Education, the Director |
| 209 | of the National Institute of Education, the Assistant Secretary |
| 210 | for Education, the Comptroller General of the United States, or |
| 211 | state or local educational authorities who are authorized to |
| 212 | receive such information subject to the conditions set forth in |
| 213 | applicable federal statutes and regulations of the United States |
| 214 | Department of Education, or in applicable state statutes and |
| 215 | rules of the State Board of Education. |
| 216 | 4. Other school officials, in connection with a student's |
| 217 | application for or receipt of financial aid. |
| 218 | 5. Individuals or organizations conducting studies for or |
| 219 | on behalf of an institution or a board of education for the |
| 220 | purpose of developing, validating, or administering predictive |
| 221 | tests, administering student aid programs, or improving |
| 222 | instruction, if the studies are conducted in a manner that does |
| 223 | not permit the personal identification of students and their |
| 224 | parents by persons other than representatives of such |
| 225 | organizations and if the information will be destroyed when no |
| 226 | longer needed for the purpose of conducting such studies. |
| 227 | 6. Accrediting organizations, in order to carry out their |
| 228 | accrediting functions. |
| 229 | 7. Early learning coalitions and the Agency for Early |
| 230 | Learning Workforce Innovation in order to carry out their |
| 231 | assigned duties. |
| 232 | 8. For use as evidence in student expulsion hearings |
| 233 | conducted by a district school board under chapter 120. |
| 234 | 9. Appropriate parties in connection with an emergency, if |
| 235 | knowledge of the information in the student's educational |
| 236 | records is necessary to protect the health or safety of the |
| 237 | student or other individuals. |
| 238 | 10. The Auditor General and the Office of Program Policy |
| 239 | Analysis and Government Accountability in connection with their |
| 240 | official functions; however, except when the collection of |
| 241 | personally identifiable information is specifically authorized |
| 242 | by law, any data collected by the Auditor General and the Office |
| 243 | of Program Policy Analysis and Government Accountability is |
| 244 | confidential and exempt from s. 119.07(1) and shall be protected |
| 245 | in a way that does not permit the personal identification of |
| 246 | students and their parents by other than the Auditor General, |
| 247 | the Office of Program Policy Analysis and Government |
| 248 | Accountability, and their staff, and the personally identifiable |
| 249 | data shall be destroyed when no longer needed for the Auditor |
| 250 | General's and the Office of Program Policy Analysis and |
| 251 | Government Accountability's official use. |
| 252 | 11.a. A court of competent jurisdiction in compliance with |
| 253 | an order of that court or the attorney of record in accordance |
| 254 | with a lawfully issued subpoena, upon the condition that the |
| 255 | student and the student's parent are notified of the order or |
| 256 | subpoena in advance of compliance therewith by the educational |
| 257 | institution or agency. |
| 258 | b. A person or entity in accordance with a court of |
| 259 | competent jurisdiction in compliance with an order of that court |
| 260 | or the attorney of record pursuant to a lawfully issued |
| 261 | subpoena, upon the condition that the student, or his or her |
| 262 | parent if the student is either a minor and not attending a |
| 263 | postsecondary educational institution or a dependent of such |
| 264 | parent as defined in 26 U.S.C. s. 152 (s. 152 of the Internal |
| 265 | Revenue Code of 1954), is notified of the order or subpoena in |
| 266 | advance of compliance therewith by the educational institution |
| 267 | or agency. |
| 268 | 12. Credit bureaus, in connection with an agreement for |
| 269 | financial aid that the student has executed, if the information |
| 270 | is disclosed only to the extent necessary to enforce the terms |
| 271 | or conditions of the financial aid agreement. Credit bureaus |
| 272 | shall not release any information obtained under this paragraph |
| 273 | to any person. |
| 274 | 13. Parties to an interagency agreement among the |
| 275 | Department of Juvenile Justice, school and law enforcement |
| 276 | authorities, and other signatory agencies for the purpose of |
| 277 | reducing juvenile crime and especially motor vehicle theft by |
| 278 | promoting cooperation and collaboration, and the sharing of |
| 279 | appropriate information in a joint effort to improve school |
| 280 | safety, to reduce truancy and in-school and out-of-school |
| 281 | suspensions, and to support alternatives to in-school and out- |
| 282 | of-school suspensions and expulsions that provide structured and |
| 283 | well-supervised educational programs supplemented by a |
| 284 | coordinated overlay of other appropriate services designed to |
| 285 | correct behaviors that lead to truancy, suspensions, and |
| 286 | expulsions, and that support students in successfully completing |
| 287 | their education. Information provided in furtherance of the |
| 288 | interagency agreements is intended solely for use in determining |
| 289 | the appropriate programs and services for each juvenile or the |
| 290 | juvenile's family, or for coordinating the delivery of the |
| 291 | programs and services, and as such is inadmissible in any court |
| 292 | proceedings before a dispositional hearing unless written |
| 293 | consent is provided by a parent or other responsible adult on |
| 294 | behalf of the juvenile. |
| 295 | 14. Consistent with the Family Educational Rights and |
| 296 | Privacy Act, the Department of Children and Family Services or a |
| 297 | community-based care lead agency acting on behalf of the |
| 298 | Department of Children and Family Services, as appropriate. |
| 299 |
|
| 300 | This paragraph does not prohibit any educational institution |
| 301 | from publishing and releasing to the general public directory |
| 302 | information relating to a student if the institution elects to |
| 303 | do so. However, no educational institution shall release, to any |
| 304 | individual, agency, or organization that is not listed in |
| 305 | subparagraphs 1.-14., directory information relating to the |
| 306 | student body in general or a portion thereof unless it is |
| 307 | normally published for the purpose of release to the public in |
| 308 | general. Any educational institution making directory |
| 309 | information public shall give public notice of the categories of |
| 310 | information that it has designated as directory information for |
| 311 | all students attending the institution and shall allow a |
| 312 | reasonable period of time after the notice has been given for a |
| 313 | parent or student to inform the institution in writing that any |
| 314 | or all of the information designated should not be released. |
| 315 | Section 8. Paragraph (b) of subsection (4) of section |
| 316 | 1002.63, Florida Statutes, is amended to read: |
| 317 | 1002.63 School-year prekindergarten program delivered by |
| 318 | public schools.-- |
| 319 | (4) To be eligible to deliver the prekindergarten program |
| 320 | during the school year, each school district must meet both of |
| 321 | the following requirements: |
| 322 | (b) The Commissioner of Education must certify to the |
| 323 | State Board of Education that the Department of Education has |
| 324 | reviewed the school district's educational facilities, capital |
| 325 | outlay funds, and projected student enrollment and concurs with |
| 326 | the district school board's certification under paragraph (a). |
| 327 | Section 9. Paragraph (d) of subsection (3) of section |
| 328 | 1002.67, Florida Statutes, is amended to read: |
| 329 | 1002.67 Performance standards; curricula and |
| 330 | accountability.-- |
| 331 | (3) |
| 332 | (d) Each early learning coalition and, the Agency for |
| 333 | Early Learning shall Workforce Innovation, and the department |
| 334 | shall coordinate with the Child Care Services Program Office of |
| 335 | the Department of Children and Family Services to minimize |
| 336 | interagency duplication of activities for monitoring private |
| 337 | prekindergarten providers for compliance with requirements of |
| 338 | the Voluntary Prekindergarten Education Program under this part, |
| 339 | the school readiness programs under s. 411.01, and the licensing |
| 340 | of providers under ss. 402.301-402.319. |
| 341 | Section 10. Subsections (1), (5), and (6) of section |
| 342 | 1002.69, Florida Statutes, are amended to read: |
| 343 | 1002.69 Statewide kindergarten screening; kindergarten |
| 344 | readiness rates.-- |
| 345 | (1) The Department of Education shall adopt a statewide |
| 346 | kindergarten screening that assesses the readiness of each |
| 347 | student for kindergarten based upon the performance standards |
| 348 | adopted by the Agency for Early Learning department under s. |
| 349 | 1002.67(1) for the Voluntary Prekindergarten Education Program. |
| 350 | The Department of Education shall require that each school |
| 351 | district administer the statewide kindergarten screening to each |
| 352 | kindergarten student in the school district within the first 30 |
| 353 | school days of each school year. |
| 354 | (5) The State Board of Education shall adopt procedures |
| 355 | for the annual calculation of department to annually calculate |
| 356 | each private prekindergarten provider's and public school's |
| 357 | kindergarten readiness rate, which must be expressed as the |
| 358 | percentage of the provider's or school's students who are |
| 359 | assessed as ready for kindergarten. The kindergarten readiness |
| 360 | rates must be based exclusively upon the results of the |
| 361 | statewide kindergarten screening for students completing the |
| 362 | Voluntary Prekindergarten Education Program, beginning with |
| 363 | students completing the program during the 2005-2006 school year |
| 364 | who are administered the statewide kindergarten screening during |
| 365 | the 2006-2007 school year. The rates must not include students |
| 366 | who are not administered the statewide kindergarten screening. |
| 367 | (6)(a) The State Board of Education shall periodically |
| 368 | adopt a minimum kindergarten readiness rate that, if achieved by |
| 369 | a private prekindergarten provider or public school, would |
| 370 | demonstrate the provider's or school's satisfactory delivery of |
| 371 | the Voluntary Prekindergarten Education Program. |
| 372 | (b) The minimum rate must not exceed the rate at which |
| 373 | more than 15 percent of the kindergarten readiness rates of all |
| 374 | private prekindergarten providers and public schools delivering |
| 375 | the Voluntary Prekindergarten Education Program in the state |
| 376 | would fall below the minimum rate. |
| 377 | Section 11. Paragraph (b) of subsection (5) of section |
| 378 | 1002.71, Florida Statutes, is amended to read: |
| 379 | 1002.71 Funding; financial and attendance reporting.-- |
| 380 | (5) |
| 381 | (b) The Agency for Early Learning Workforce Innovation |
| 382 | shall adopt procedures for the payment of private |
| 383 | prekindergarten providers and public schools delivering the |
| 384 | Voluntary Prekindergarten Education Program. The procedures |
| 385 | shall provide for the advance payment of providers and schools |
| 386 | based upon student enrollment in the program, the certification |
| 387 | of student attendance, and the reconciliation of advance |
| 388 | payments in accordance with the uniform attendance policy |
| 389 | adopted under paragraph (6)(d). The procedures shall provide for |
| 390 | the monthly distribution of funds by the agency for Workforce |
| 391 | Innovation to the early learning coalitions for payment by the |
| 392 | coalitions to private prekindergarten providers and public |
| 393 | schools. The department shall transfer to the Agency for |
| 394 | Workforce Innovation at least once each quarter the funds |
| 395 | available for payment to private prekindergarten providers and |
| 396 | public schools in accordance with this paragraph from the funds |
| 397 | appropriated for that purpose. |
| 398 | Section 12. Section 1002.73, Florida Statutes, is amended |
| 399 | to read: |
| 400 | 1002.73 Agency for Early Learning, Department of |
| 401 | Education, and State Board of Education; powers and duties; |
| 402 | accountability requirements.-- |
| 403 | (1) The Agency for Early Learning department shall |
| 404 | administer the accountability requirements of the Voluntary |
| 405 | Prekindergarten Education Program at the state level. |
| 406 | (2) The agency department shall adopt procedures for the |
| 407 | agency's department's: |
| 408 | (a) Approval of prekindergarten director credentials under |
| 409 | ss. 1002.55 and 1002.57. |
| 410 | (b) Approval of emergent literacy training courses under |
| 411 | ss. 1002.55 and 1002.59. |
| 412 | (c) Certification of school districts that are eligible to |
| 413 | deliver the school-year prekindergarten program under s. |
| 414 | 1002.63. |
| 415 | (3)(d) The Department of Education shall adopt procedures |
| 416 | for administration of the statewide kindergarten screening and |
| 417 | the State Board of Education shall adopt procedures for |
| 418 | calculation of kindergarten readiness rates under s. 1002.69. |
| 419 | (4)(3) Except as provided by law, the agency department |
| 420 | may not impose requirements on a private prekindergarten |
| 421 | provider that does not deliver the Voluntary Prekindergarten |
| 422 | Education Program or receive state funds under this part. |
| 423 | Section 13. Subsection (3) of section 1002.75, Florida |
| 424 | Statutes, is amended to read: |
| 425 | 1002.75 Agency for Early Learning Workforce Innovation; |
| 426 | powers and duties; operational requirements.-- |
| 427 | (3) The Agency for Early Learning Workforce Innovation |
| 428 | shall adopt, in consultation with and subject to approval by the |
| 429 | department, procedures governing the administration of the |
| 430 | Voluntary Prekindergarten Education Program by the early |
| 431 | learning coalitions and school districts for: |
| 432 | (a) Approving improvement plans of private prekindergarten |
| 433 | providers and public schools under s. 1002.67. |
| 434 | (b) Placing private prekindergarten providers and public |
| 435 | schools on probation and requiring corrective actions under s. |
| 436 | 1002.67. |
| 437 | (c) Removing a private prekindergarten provider or public |
| 438 | school from eligibility to deliver the program due to the |
| 439 | provider's or school's remaining on probation beyond the time |
| 440 | permitted under s. 1002.67. |
| 441 | Section 14. Subsection (1) of section 1002.77, Florida |
| 442 | Statutes, is amended to read: |
| 443 | 1002.77 Florida Early Learning Advisory Council.-- |
| 444 | (1) There is created the Florida Early Learning Advisory |
| 445 | Council within the Agency for Early Learning Workforce |
| 446 | Innovation. The purpose of the advisory council is to submit |
| 447 | recommendations to the department and the agency for Workforce |
| 448 | Innovation on the early learning policy of this state, including |
| 449 | recommendations relating to administration of the Voluntary |
| 450 | Prekindergarten Education Program under this part and the school |
| 451 | readiness programs under s. 411.01. |
| 452 | Section 15. Subsection (1) of section 1002.79, Florida |
| 453 | Statutes, is amended to read: |
| 454 | 1002.79 Rulemaking authority.-- |
| 455 | (1) The State Board of Education shall adopt rules under |
| 456 | ss. 120.536(1) and 120.54 to administer the provisions of this |
| 457 | part conferring duties upon the Department of Education. |
| 458 | Section 16. Subsections (1) and (3) of section 1003.575, |
| 459 | Florida Statutes, are amended to read: |
| 460 | 1003.575 Assistive technology devices; findings; |
| 461 | interagency agreements.--Accessibility, utilization, and |
| 462 | coordination of appropriate assistive technology devices and |
| 463 | services are essential as a young person with disabilities moves |
| 464 | from early intervention to preschool, from preschool to school, |
| 465 | from one school to another, and from school to employment or |
| 466 | independent living. To ensure that an assistive technology |
| 467 | device issued to a young person as part of his or her |
| 468 | individualized family support plan, individual support plan, or |
| 469 | an individual education plan remains with the individual through |
| 470 | such transitions, the following agencies shall enter into |
| 471 | interagency agreements, as appropriate, to ensure the |
| 472 | transaction of assistive technology devices: |
| 473 | (1) The Florida Infants and Toddlers Early Intervention |
| 474 | Program in the Agency for Early Learning Division of Children's |
| 475 | Medical Services of the Department of Health. |
| 476 | (3) The Voluntary Prekindergarten Education Program |
| 477 | administered by the Department of Education and the Agency for |
| 478 | Early Learning Workforce Innovation. |
| 479 |
|
| 480 | Interagency agreements entered into pursuant to this section |
| 481 | shall provide a framework for ensuring that young persons with |
| 482 | disabilities and their families, educators, and employers are |
| 483 | informed about the utilization and coordination of assistive |
| 484 | technology devices and services that may assist in meeting |
| 485 | transition needs, and shall establish a mechanism by which a |
| 486 | young person or his or her parent may request that an assistive |
| 487 | technology device remain with the young person as he or she |
| 488 | moves through the continuum from home to school to postschool. |
| 489 | Section 17. Notwithstanding the transfer of regulatory |
| 490 | authority over child care facility licensing in chapter 402, |
| 491 | Florida Statutes, provided in this act, persons and entities |
| 492 | holding in good standing any child care facility license or |
| 493 | registration under chapter 402, Florida Statutes, as of 11:59 |
| 494 | p.m. on the day prior to the effective date of this act shall be |
| 495 | deemed to hold in good standing a license or registration in the |
| 496 | same capacity under the authority of the Agency for Early |
| 497 | Learning as of the effective date of this act. |
| 498 | Section 18. Section 391.308, Florida Statutes, is |
| 499 | repealed. |
| 500 | Section 19. The Division of Statutory Revision of the |
| 501 | Office of Legislative Services shall change "Agency for |
| 502 | Workforce Innovation" and "Department of Education" to "Agency |
| 503 | for Early Learning" and shall change "department" with respect |
| 504 | to that department to "agency" wherever those terms appear in |
| 505 | ss. 411.01 and 411.011, Florida Statutes, relating to school |
| 506 | readiness programs. |
| 507 | Section 20. The Division of Statutory Revision of the |
| 508 | Office of Legislative Services shall change "Department of |
| 509 | Education," "Department of Children and Family Services," and |
| 510 | "Agency for Workforce Innovation" to "Agency for Early Learning" |
| 511 | and shall change "department" with respect to those departments |
| 512 | to "agency" wherever those terms appear in part V of chapter |
| 513 | 1002, Florida Statutes, relating to the Voluntary |
| 514 | Prekindergarten Education Program, except as otherwise amended |
| 515 | in this act. |
| 516 | Section 21. The Division of Statutory Revision of the |
| 517 | Office of Legislative Services shall change "Department of |
| 518 | Children and Family Services" and "Agency for Workforce |
| 519 | Innovation" to "Agency for Early Learning" and shall change |
| 520 | "department" with respect to that department to "agency" |
| 521 | wherever those terms appear in ss. 402.27, 402.281, and 402.301- |
| 522 | 402.319, Florida Statutes, relating to child care facility |
| 523 | licensing. |
| 524 | Section 22. The Legislature recognizes that there is a |
| 525 | need to conform the Florida Statutes to the policy decisions |
| 526 | reflected in the provisions of this act. The Division of |
| 527 | Statutory Revision of the Office of Legislative Services is |
| 528 | directed to provide the relevant substantive committees and |
| 529 | councils of the Senate and the House of Representatives with |
| 530 | assistance, upon request, to enable such committees or councils |
| 531 | to prepare draft legislation to conform the Florida Statutes to |
| 532 | the provisions of this act. |
| 533 | Section 23. This act shall take effect July 1, 2008. |