HB 879

1	A bill to be entitled
2	An act relating to early learning; providing a short
3	title; amending s. 411.01, F.S.; authorizing use of
4	telecommunication methods in conducting early learning
5	coalition board meetings; amending and renumbering s.
6	402.27, F.S.; transferring requirements for the
7	establishment of a statewide child care resource and
8	referral network by the Department of Children and Family
9	Services to the Agency for Workforce Innovation; providing
10	for use of early learning coalitions as child care
11	resource and referral agencies; requiring rulemaking;
12	amending and renumbering s. 409.178, F.S.; transferring
13	duties of the Department of Children and Family Services
14	with respect to the Child Care Executive Partnership
15	Program to the Agency for Workforce Innovation and early
16	learning coalitions; requiring rulemaking; amending ss.
17	1002.55, 1002.61, and 1002.63, F.S., relating to the
18	Voluntary Prekindergarten Education Program; providing
19	additional accreditation standards for private
20	prekindergarten providers; revising background screening
21	requirements for prekindergarten instructors; providing
22	requirements for assignment of substitute instructors;
23	requiring rulemaking; conforming cross-references;
24	providing an effective date.
25
26	Be It Enacted by the Legislature of the State of Florida:
27
28	Section 1.  This act may be cited as the "Success in Early
29	Learning Act."
30	Section 2.  Paragraph (a) of subsection (5) of section
31	411.01, Florida Statutes, is amended to read:
32	411.01  School readiness programs; early learning
33	coalitions.--
34	(5)  CREATION OF EARLY LEARNING COALITIONS.--
35	(a)  Early learning coalitions.--
36	1.  The Agency for Workforce Innovation shall establish the
37	minimum number of children to be served by each early learning
38	coalition through the coalition's school readiness program. The
39	Agency for Workforce Innovation may only approve school
40	readiness plans in accordance with this minimum number. The
41	minimum number must be uniform for every early learning
42	coalition and must:
43	a.  Permit 30 or fewer coalitions to be established; and
44	b.  Require each coalition to serve at least 2,000 children
45	based upon the average number of all children served per month
46	through the coalition's school readiness program during the
47	previous 12 months.
48
49	The Agency for Workforce Innovation shall adopt procedures for
50	merging early learning coalitions, including procedures for the
51	consolidation of merging coalitions, and for the early
52	termination of the terms of coalition members which are
53	necessary to accomplish the mergers. Each early learning
54	coalition must comply with the merger procedures and shall be
55	organized in accordance with this subparagraph by April 1, 2005.
56	By June 30, 2005, each coalition must complete the transfer of
57	powers, duties, functions, rules, records, personnel, property,
58	and unexpended balances of appropriations, allocations, and
59	other funds to the successor coalition, if applicable.
60	2.  If an early learning coalition would serve fewer
61	children than the minimum number established under subparagraph
62	1., the coalition must merge with another county to form a
63	multicounty coalition. However, the Agency for Workforce
64	Innovation may authorize an early learning coalition to serve
65	fewer children than the minimum number established under
66	subparagraph 1., if:
67	a.  The coalition demonstrates to the Agency for Workforce
68	Innovation that merging with another county or multicounty
69	region contiguous to the coalition would cause an extreme
70	hardship on the coalition;
71	b.  The Agency for Workforce Innovation has determined
72	during the most recent annual review of the coalition's school
73	readiness plan, or through monitoring and performance
74	evaluations conducted under paragraph (4)(l), that the coalition
75	has substantially implemented its plan and substantially met the
76	performance standards and outcome measures adopted by the
77	agency; and
78	c.  The coalition demonstrates to the Agency for Workforce
79	Innovation the coalition's ability to effectively and
80	efficiently implement the Voluntary Prekindergarten Education
81	Program.
82
83	If an early learning coalition fails or refuses to merge as
84	required by this subparagraph, the Agency for Workforce
85	Innovation may dissolve the coalition and temporarily contract
86	with a qualified entity to continue school readiness and
87	prekindergarten services in the coalition's county or
88	multicounty region until the coalition is reestablished through
89	resubmission of a school readiness plan and approval by the
90	agency.
91	3.  Notwithstanding the provisions of subparagraphs 1. and
92	2., the early learning coalitions in Sarasota, Osceola, and
93	Santa Rosa Counties which were in operation on January 1, 2005,
94	are established and authorized to continue operation as
95	independent coalitions, and shall not be counted within the
96	limit of 30 coalitions established in subparagraph 1.
97	4.  Each early learning coalition shall be composed of at
98	least 18 members but not more than 35 members. The Agency for
99	Workforce Innovation shall adopt standards establishing within
100	this range the minimum and maximum number of members that may be
101	appointed to an early learning coalition. These standards must
102	include variations for a coalition serving a multicounty region.
103	Each early learning coalition must comply with these standards.
104	5.  The Governor shall appoint the chair and two other
105	members of each early learning coalition, who must each meet the
106	same qualifications as private sector business members appointed
107	by the coalition under subparagraph 7.
108	6.  Each early learning coalition must include the
109	following members:
110	a.  A Department of Children and Family Services district
111	administrator or his or her designee who is authorized to make
112	decisions on behalf of the department.
113	b.  A district superintendent of schools or his or her
114	designee who is authorized to make decisions on behalf of the
115	district, who shall be a nonvoting member.
116	c.  A regional workforce board executive director or his or
117	her designee.
118	d.  A county health department director or his or her
119	designee.
120	e.  A children's services council or juvenile welfare board
121	chair or executive director, if applicable, who shall be a
122	nonvoting member if the council or board is the fiscal agent of
123	the coalition or if the council or board contracts with and
124	receives funds from the coalition.
125	f.  An agency head of a local licensing agency as defined
126	in s. 402.302, where applicable.
127	g.  A president of a community college or his or her
128	designee.
129	h.  One member appointed by a board of county
130	commissioners.
131	i.  A central agency administrator, where applicable, who
132	shall be a nonvoting member.
133	j.  A Head Start director, who shall be a nonvoting member.
134	k.  A representative of private child care providers,
135	including family day care homes, who shall be a nonvoting
136	member.
137	l.  A representative of faith-based child care providers,
138	who shall be a nonvoting member.
139	m.  A representative of programs for children with
140	disabilities under the federal Individuals with Disabilities
141	Education Act, who shall be a nonvoting member.
142	7.  Including the members appointed by the Governor under
143	subparagraph 5., more than one-third of the members of each
144	early learning coalition must be private sector business members
145	who do not have, and none of whose relatives as defined in s.
146	112.3143 has, a substantial financial interest in the design or
147	delivery of the Voluntary Prekindergarten Education Program
148	created under part V of chapter 1002 or the coalition's school
149	readiness program. To meet this requirement an early learning
150	coalition must appoint additional members from a list of
151	nominees submitted to the coalition by a chamber of commerce or
152	economic development council within the geographic region served
153	by the coalition. The Agency for Workforce Innovation shall
154	establish criteria for appointing private sector business
155	members. These criteria must include standards for determining
156	whether a member or relative has a substantial financial
157	interest in the design or delivery of the Voluntary
158	Prekindergarten Education Program or the coalition's school
159	readiness program.
160	8.  A majority of the voting membership of an early
161	learning coalition constitutes a quorum required to conduct the
162	business of the coalition. An early learning coalition board may
163	use any method of telecommunications to conduct meetings,
164	including establishing a quorum through telecommunications,
165	provided that the public is given proper notice of a
166	telecommunications meeting and reasonable access to observe and,
167	when appropriate, participate.
168	9.  A voting member of an early learning coalition may not
169	appoint a designee to act in his or her place, except as
170	otherwise provided in this paragraph. A voting member may send a
171	representative to coalition meetings, but that representative
172	does not have voting privileges. When a district administrator
173	for the Department of Children and Family Services appoints a
174	designee to an early learning coalition, the designee is the
175	voting member of the coalition, and any individual attending in
176	the designee's place, including the district administrator, does
177	not have voting privileges.
178	10.  Each member of an early learning coalition is subject
179	to ss. 112.313, 112.3135, and 112.3143. For purposes of s.
180	112.3143(3)(a), each voting member is a local public officer who
181	must abstain from voting when a voting conflict exists.
182	11.  For purposes of tort liability, each member or
183	employee of an early learning coalition shall be governed by s.
184	768.28.
185	12.  An early learning coalition serving a multicounty
186	region must include representation from each county.
187	13.  Each early learning coalition shall establish terms
188	for all appointed members of the coalition. The terms must be
189	staggered and must be a uniform length that does not exceed 4
190	years per term. Appointed members may serve a maximum of two
191	consecutive terms. When a vacancy occurs in an appointed
192	position, the coalition must advertise the vacancy.
193	Section 3.  Section 402.27, Florida Statutes, is renumbered
194	as section 411.0101, Florida Statutes, and amended to read:
195	411.0101 402.27  Child care and early childhood resource
196	and referral.--The Agency for Workforce Innovation Department of
197	Children and Family Services shall establish a statewide child
198	care resource and referral network. Preference shall be given to
199	using the already established early learning coalitions central
200	agencies for subsidized child care as the child care resource
201	and referral agency. If an early learning coalition the agency
202	cannot comply with the requirements to offer the resource
203	information component or does not want to offer that service,
204	the early learning coalition Department of Children and Family
205	Services shall select the resource information agency based upon
206	a request for proposal pursuant to s. 411.01(5)(e)1. At least
207	one child care resource and referral agency must be established
208	in each early learning coalition's county or multicounty region
209	district of the department, but no more than one may be
210	established in any county. Child care resource and referral
211	agencies shall provide the following services:
212	(1)  Identification of existing public and private child
213	care and early childhood education services, including child
214	care services by public and private employers, and the
215	development of a resource file of those services. These services
216	may include family day care, public and private child care
217	programs, head start, prekindergarten early intervention
218	programs, special education programs for prekindergarten
219	handicapped children, services for children with developmental
220	disabilities, full-time and part-time programs, before-school
221	and after-school programs, vacation care programs, parent
222	education, the WAGES Program, and related family support
223	services. The resource file shall include, but not be limited
224	to:
225	(a)  Type of program.
226	(b)  Hours of service.
227	(c)  Ages of children served.
228	(d)  Number of children served.
229	(e)  Significant program information.
230	(f)  Fees and eligibility for services.
231	(g)  Availability of transportation.
232	(2)  The establishment of a referral process which responds
233	to parental need for information and which is provided with full
234	recognition of the confidentiality rights of parents. Resource
235	and referral programs shall make referrals to licensed child
236	care facilities. Referrals shall be made to an unlicensed child
237	care facility or arrangement only if there is no requirement
238	that the facility or arrangement be licensed.
239	(3)  Maintenance of ongoing documentation of requests for
240	service tabulated through the internal referral process. The
241	following documentation of requests for service shall be
242	maintained by all child care resource and referral agencies:
243	(a)  Number of calls and contacts to the child care
244	information and referral agency component by type of service
245	requested.
246	(b)  Ages of children for whom service was requested.
247	(c)  Time category of child care requests for each child.
248	(d)  Special time category, such as nights, weekends, and
249	swing shift.
250	(e)  Reason that the child care is needed.
251	(f)  Name of the employer and primary focus of the
252	business.
253	(4)  Provision of technical assistance to existing and
254	potential providers of child care services. This assistance may
255	include:
256	(a)  Information on initiating new child care services,
257	zoning, and program and budget development and assistance in
258	finding such information from other sources.
259	(b)  Information and resources which help existing child
260	care services providers to maximize their ability to serve
261	children and parents in their community.
262	(c)  Information and incentives which could help existing
263	or planned child care services offered by public or private
264	employers seeking to maximize their ability to serve the
265	children of their working parent employees in their community,
266	through contractual or other funding arrangements with
267	businesses.
268	(5)  Assistance to families and employers in applying for
269	various sources of subsidy including, but not limited to,
270	subsidized child care, head start, prekindergarten early
271	intervention programs, Project Independence, private
272	scholarships, and the federal dependent care tax credit.
273	(6)  Assistance to state agencies in determining the market
274	rate for child care.
275	(7)  Assistance in negotiating discounts or other special
276	arrangements with child care providers.
277	(8)  Information and assistance to local interagency
278	councils coordinating services for prekindergarten handicapped
279	children.
280	(9)  Assistance to families in identifying summer
281	recreation camp and summer day camp programs and in evaluating
282	the health and safety qualities of summer recreation camp and
283	summer day camp programs and in evaluating the health and safety
284	qualities of summer camp programs. Contingent upon specific
285	appropriation, a checklist of important health and safety
286	qualities that parents can use to choose their summer camp
287	programs shall be developed and distributed in a manner that
288	will reach parents interested in such programs for their
289	children.
290	(10)  A child care facility licensed under s. 402.305 and
291	licensed and registered family day care homes must provide the
292	statewide child care and resource and referral agencies with the
293	following information annually:
294	(a)  Type of program.
295	(b)  Hours of service.
296	(c)  Ages of children served.
297	(d)  Fees and eligibility for services.
298	(11)  The Agency for Workforce Innovation shall adopt any
299	rules necessary for the implementation and administration of
300	this section.
301	Section 4.  Section 409.178, Florida Statutes, is
302	renumbered as section 411.0102, Florida Statutes, and subsection
303	(4), paragraphs (b), (c), and (d) of subsection (5), and
304	subsection (6) of that section are amended to read:
305	411.0102 409.178  Child Care Executive Partnership Act;
306	findings and intent; grant; limitation; rules.--
307	(4)  The Child Care Executive Partnership, staffed by the
308	Agency for Workforce Innovation department, shall consist of a
309	representative of the Executive Office of the Governor and nine
310	members of the corporate or child care community, appointed by
311	the Governor.
312	(a)  Members shall serve for a period of 4 years, except
313	that the representative of the Executive Office of the Governor
314	shall serve at the pleasure of the Governor.
315	(b)  The Child Care Executive Partnership shall be chaired
316	by a member chosen by a majority vote and shall meet at least
317	quarterly and at other times upon the call of the chair.
318	(c)  Members shall serve without compensation, but may be
319	reimbursed for per diem and travel expenses in accordance with
320	s. 112.061.
321	(d)  The Child Care Executive Partnership shall have all
322	the powers and authority, not explicitly prohibited by statute,
323	necessary to carry out and effectuate the purposes of this
324	section, as well as the functions, duties, and responsibilities
325	of the partnership, including, but not limited to, the
326	following:
327	1.  Assisting in the formulation and coordination of the
328	state's child care policy.
329	2.  Adopting an official seal.
330	3.  Soliciting, accepting, receiving, investing, and
331	expending funds from public or private sources.
332	4.  Contracting with public or private entities as
333	necessary.
334	5.  Approving an annual budget.
335	6.  Carrying forward any unexpended state appropriations
336	into succeeding fiscal years.
337	7.  Providing a report to the Governor, the Speaker of the
338	House of Representatives, and the President of the Senate, on or
339	before December 1 of each year.
340	(5)
341	(b)  To ensure a seamless service delivery and ease of
342	access for families, an early learning coalition the community
343	coordinated child care agencies or the state resource and
344	referral Agency for Workforce Innovation shall administer the
345	child care purchasing pool funds.
346	(c)  The Agency for Workforce Innovation department, in
347	conjunction with the Child Care Executive Partnership, shall
348	develop procedures for disbursement of funds through the child
349	care purchasing pools. In order to be considered for funding, an
350	early learning coalition the community coordinated child care
351	agency or the statewide resource and referral Agency for
352	Workforce Innovation must commit to:
353	1.  Matching the state purchasing pool funds on a dollar-
354	for-dollar basis; and
355	2.  Expending only those public funds which are matched by
356	employers, local government, and other matching contributors who
357	contribute to the purchasing pool. Parents shall also pay a fee,
358	which shall be not less than the amount identified in the early
359	learning coalition's department's subsidized child care sliding
360	fee scale.
361	(d)  Each early learning coalition community coordinated
362	child care agency shall be required to establish a community
363	child care task force for each child care purchasing pool. The
364	task force must be composed of employers, parents, private child
365	care providers, and one representative from the local children's
366	services council, if one exists in the area of the purchasing
367	pool. The early learning coalition community coordinated child
368	care agency is expected to recruit the task force members from
369	existing child care councils, commissions, or task forces
370	already operating in the area of a purchasing pool. A majority
371	of the task force shall consist of employers. Each task force
372	shall develop a plan for the use of child care purchasing pool
373	funds. The plan must show how many children will be served by
374	the purchasing pool, how many will be new to receiving child
375	care services, and how the early learning coalition community
376	coordinated child care agency intends to attract new employers
377	and their employees to the program.
378	(6)  The Agency for Workforce Innovation Department of
379	Children and Family Services shall adopt any rules necessary for
380	the implementation and administration of this section.
381	Section 5.  Subsection (3) of section 1002.55, Florida
382	Statutes, is amended to read:
383	1002.55  School-year prekindergarten program delivered by
384	private prekindergarten providers.--
385	(3)  To be eligible to deliver the prekindergarten program,
386	a private prekindergarten provider must meet each of the
387	following requirements:
388	(a)  The private prekindergarten provider must be a child
389	care facility licensed under s. 402.305, family day care home
390	licensed under s. 402.313, large family child care home licensed
391	under s. 402.3131, nonpublic school exempt from licensure under
392	s. 402.3025(2), or faith-based child care provider exempt from
393	licensure under s. 402.316.
394	(b)  The private prekindergarten provider must:
395	1.  Be accredited by an accrediting association that is a
396	member of the National Council for Private School Accreditation,
397	the Commission on International and Trans-Regional
398	Accreditation, or the Florida Association of Academic Nonpublic
399	Schools and have written accreditation standards that meet or
400	exceed the state's licensing requirements under s. 402.305, s.
401	402.313, or s. 402.3131 and require at least one on-site visit
402	to the provider or school before accreditation is granted;
403	2.  Hold a current Gold Seal Quality Care designation under
404	s. 402.281; or
405	3.  Be licensed under s. 402.305, s. 402.313, or s.
406	402.3131 and demonstrate, before delivering the Voluntary
407	Prekindergarten Education Program, as verified by the early
408	learning coalition, that the provider meets each of the
409	requirements of the program under this part, including, but not
410	limited to, the requirements for credentials and background
411	screenings of prekindergarten instructors under paragraphs (c)
412	and (d), minimum and maximum class sizes under paragraph (f)(e),
413	prekindergarten director credentials under paragraph (g)(f), and
414	a developmentally appropriate curriculum under s. 1002.67(2)(b).
415	(c)  The private prekindergarten provider must have, for
416	each prekindergarten class, at least one prekindergarten
417	instructor who meets each of the following requirements:
418	1.  The prekindergarten instructor must hold, at a minimum,
419	one of the following credentials:
420	a.  A child development associate credential issued by the
421	National Credentialing Program of the Council for Professional
422	Recognition; or
423	b.  A credential approved by the Department of Children and
424	Family Services as being equivalent to or greater than the
425	credential described in sub-subparagraph a.
426
427	The Department of Children and Family Services may adopt rules
428	under ss. 120.536(1) and 120.54 which provide criteria and
429	procedures for approving equivalent credentials under sub-
430	subparagraph b.
431	2.  The prekindergarten instructor must successfully
432	complete an emergent literacy training course approved by the
433	department as meeting or exceeding the minimum standards adopted
434	under s. 1002.59. This subparagraph does not apply to a
435	prekindergarten instructor who successfully completes approved
436	training in early literacy and language development under s.
437	402.305(2)(d)5., s. 402.313(6), or s. 402.3131(5) before the
438	establishment of one or more emergent literacy training courses
439	under s. 1002.59 or April 1, 2005, whichever occurs later.
440	(d)  Each prekindergarten instructor employed by the
441	private prekindergarten provider must be of good moral
442	character, shall be subject to must be screened using the level
443	2 background screening requirements in chapter 435, and must be
444	standards in s. 435.04 before employment and rescreened at least
445	once every 5 years. The 5-year rescreening shall not require
446	refingerprinting unless the instructor has experienced a break
447	in covered employment of more than 90 days. A prekindergarten
448	instructor, must be denied employment or terminated if required
449	under s. 435.06, and must not be ineligible to teach in a public
450	school because his or her educator certificate is suspended or
451	revoked.
452	(e)  A private prekindergarten provider may assign a
453	substitute instructor to temporarily replace a credentialed
454	instructor if the credentialed instructor assigned to a
455	prekindergarten class is absent, as long as the substitute
456	instructor is of good moral character and has been screened in
457	accordance with level 2 background screening requirements in
458	chapter 435. The Agency for Workforce Innovation shall adopt
459	rules to implement this paragraph which shall include required
460	qualifications of substitute instructors and the circumstances
461	and time limits for which a private prekindergarten provider may
462	assign a substitute instructor.
463	(f)(e)  Each of the private prekindergarten provider's
464	prekindergarten classes must be composed of at least 4 students
465	but may not exceed 18 students. In order to protect the health
466	and safety of students, each private prekindergarten provider
467	must also provide appropriate adult supervision for students at
468	all times and, for each prekindergarten class composed of 11 or
469	more students, must have, in addition to a prekindergarten
470	instructor who meets the requirements of paragraph (c), at least
471	one adult prekindergarten instructor who is not required to meet
472	those requirements but who must meet each requirement of
473	paragraph (d). This paragraph does not supersede any requirement
474	imposed on a provider under ss. 402.301-402.319.
475	(g)(f)  Before the beginning of the 2006-2007 school year,
476	the private prekindergarten provider must have a prekindergarten
477	director who has a prekindergarten director credential that is
478	approved by the department as meeting or exceeding the minimum
479	standards adopted under s. 1002.57. Successful completion of a
480	child care facility director credential under s. 402.305(2)(f)
481	before the establishment of the prekindergarten director
482	credential under s. 1002.57 or July 1, 2006, whichever occurs
483	later, satisfies the requirement for a prekindergarten director
484	credential under this paragraph.
485	(h)(g)  The private prekindergarten provider must register
486	with the early learning coalition on forms prescribed by the
487	Agency for Workforce Innovation.
488	(i)(h)  The private prekindergarten provider must deliver
489	the Voluntary Prekindergarten Education Program in accordance
490	with this part.
491	Section 6.  Section 1002.61, Florida Statutes, is amended
492	to read:
493	1002.61  Summer prekindergarten program delivered by public
494	schools and private prekindergarten providers.--
495	(1)(a)  Each school district shall administer the Voluntary
496	Prekindergarten Education Program at the district level for
497	students enrolled under s. 1002.53(3)(b) in a summer
498	prekindergarten program delivered by a public school.
499	(b)  Each early learning coalition shall administer the
500	Voluntary Prekindergarten Education Program at the county or
501	regional level for students enrolled under s. 1002.53(3)(b) in a
502	summer prekindergarten program delivered by a private
503	prekindergarten provider.
504	(2)  Each summer prekindergarten program delivered by a
505	public school or private prekindergarten provider must:
506	(a)  Comprise at least 300 instructional hours;
507	(b)  Not begin earlier than May 1 of the school year; and
508	(c)  Not deliver the program for a child earlier than the
509	summer immediately before the school year for which the child is
510	eligible for admission to kindergarten in a public school under
511	s. 1003.21(1)(a)2.
512	(3)(a)  Each district school board shall determine which
513	public schools in the school district are eligible to deliver
514	the summer prekindergarten program. The school district shall
515	use educational facilities available in the public schools
516	during the summer term for the summer prekindergarten program.
517	(b)  Except as provided in this section, to be eligible to
518	deliver the summer prekindergarten program, a private
519	prekindergarten provider must meet each requirement in s.
520	1002.55.
521	(4)  Notwithstanding ss. 1002.55(3)(c)1. and 1002.63(5),
522	each public school and private prekindergarten provider must
523	have, for each prekindergarten class, at least one
524	prekindergarten instructor who:
525	(a)  Is a certified teacher; or
526	(b)  Holds one of the educational credentials specified in
527	s. 1002.55(4)(a) or (b).
528
529	As used in this subsection, the term "certified teacher" means a
530	teacher holding a valid Florida educator certificate under s.
531	1012.56 who has the qualifications required by the district
532	school board to instruct students in the summer prekindergarten
533	program. In selecting instructional staff for the summer
534	prekindergarten program, each school district shall give
535	priority to teachers who have experience or coursework in early
536	childhood education.
537	(5)  Each prekindergarten instructor employed by a public
538	school or private prekindergarten provider delivering the summer
539	prekindergarten program must be of good moral character, shall
540	be subject to must be screened using the level 2 background
541	screening requirements in chapter 435, and must be standards in
542	s. 435.04 before employment and rescreened at least once every 5
543	years. The 5-year rescreening shall not require refingerprinting
544	unless the instructor has experienced a break in covered
545	employment of more than 90 days. A prekindergarten instructor,
546	must be denied employment or terminated if required under s.
547	435.06, and must not be ineligible to teach in a public school
548	because his or her educator certificate is suspended or revoked.
549	This subsection does not supersede employment requirements for
550	instructional personnel in public schools which are more
551	stringent than the requirements of this subsection.
552	(6)  A public school or private prekindergarten provider
553	may assign a substitute instructor to temporarily replace a
554	credentialed instructor if the credentialed instructor assigned
555	to a prekindergarten class is absent, as long as the substitute
556	instructor is of good moral character and has been screened in
557	accordance with level 2 background screening requirements in
558	chapter 435. The Agency for Workforce Innovation shall adopt
559	rules to implement this subsection which shall include required
560	qualifications of substitute instructors and the circumstances
561	and time limits for which a public school or private
562	prekindergarten provider may assign a substitute instructor.
563	(7)(6)  Notwithstanding ss. 1002.55(3)(f)(e) and
564	1002.63(8)(7), each prekindergarten class in the summer
565	prekindergarten program, regardless of whether the class is a
566	public school's or private prekindergarten provider's class,
567	must be composed of at least 4 students but may not exceed 10
568	students. In order to protect the health and safety of students,
569	each public school or private prekindergarten provider must also
570	provide appropriate adult supervision for students at all times.
571	This subsection does not supersede any requirement imposed on a
572	provider under ss. 402.301-402.319.
573	(8)(7)  Each public school delivering the summer
574	prekindergarten program must also:
575	(a)  Register with the early learning coalition on forms
576	prescribed by the Agency for Workforce Innovation; and
577	(b)  Deliver the Voluntary Prekindergarten Education
578	Program in accordance with this part.
579	Section 7.  Section 1002.63, Florida Statutes, is amended
580	to read:
581	1002.63  School-year prekindergarten program delivered by
582	public schools.--
583	(1)  Each school district eligible under subsection (4) may
584	administer the Voluntary Prekindergarten Education Program at
585	the district level for students enrolled under s. 1002.53(3)(c)
586	in a school-year prekindergarten program delivered by a public
587	school.
588	(2)  Each school-year prekindergarten program delivered by
589	a public school must comprise at least 540 instructional hours.
590	(3)  The district school board of each school district
591	eligible under subsection (4) shall determine which public
592	schools in the district are eligible to deliver the
593	prekindergarten program during the school year.
594	(4)  To be eligible to deliver the prekindergarten program
595	during the school year, each school district must meet both of
596	the following requirements:
597	(a)  The district school board must certify to the State
598	Board of Education that the school district:
599	1.  Has reduced the average class size in each classroom in
600	accordance with s. 1003.03 and the schedule in s. 1(a), Art. IX
601	of the State Constitution; and
602	2.  Has sufficient satisfactory educational facilities and
603	capital outlay funds to continue reducing the average class size
604	in each classroom in the district's elementary schools for each
605	year in accordance with the schedule for class size reduction
606	and to achieve full compliance with the maximum class sizes in
607	s. 1(a), Art. IX of the State Constitution by the beginning of
608	the 2010-2011 school year.
609	(b)  The Commissioner of Education must certify to the
610	State Board of Education that the department has reviewed the
611	school district's educational facilities, capital outlay funds,
612	and projected student enrollment and concurs with the district
613	school board's certification under paragraph (a).
614	(5)  Each public school must have, for each prekindergarten
615	class, at least one prekindergarten instructor who meets each
616	requirement in s. 1002.55(3)(c) for a prekindergarten instructor
617	of a private prekindergarten provider.
618	(6)  Each prekindergarten instructor employed by a public
619	school delivering the school-year prekindergarten program must
620	be of good moral character, shall be subject to must be screened
621	using the level 2 background screening requirements in chapter
622	435, and must be standards in s. 435.04 before employment and
623	rescreened at least once every 5 years. The 5-year rescreening
624	shall not require refingerprinting unless the instructor has
625	experienced a break in covered employment of more than 90 days.
626	A prekindergarten instructor, must be denied employment or
627	terminated if required under s. 435.06, and must not be
628	ineligible to teach in a public school because his or her
629	educator certificate is suspended or revoked. This subsection
630	does not supersede employment requirements for instructional
631	personnel in public schools which are more stringent than the
632	requirements of this subsection.
633	(7)  A public school prekindergarten provider may assign a
634	substitute instructor to temporarily replace a credentialed
635	instructor if the credentialed instructor assigned to a
636	prekindergarten class is absent, as long as the substitute
637	instructor is of good moral character and has been screened in
638	accordance with level 2 background screening requirements in
639	chapter 435. The Agency for Workforce Innovation shall adopt
640	rules to implement this subsection which shall include required
641	qualifications of substitute instructors and the circumstances
642	and time limits for which a public school prekindergarten
643	provider may assign a substitute instructor.
644	(8)(7)  Each prekindergarten class in a public school
645	delivering the school-year prekindergarten program must be
646	composed of at least 4 students but may not exceed 18 students.
647	In order to protect the health and safety of students, each
648	school must also provide appropriate adult supervision for
649	students at all times and, for each prekindergarten class
650	composed of 11 or more students, must have, in addition to a
651	prekindergarten instructor who meets the requirements of s.
652	1002.55(3)(c), at least one adult prekindergarten instructor who
653	is not required to meet those requirements but who must meet
654	each requirement of subsection (6).
655	(9)(8)  Each public school delivering the school-year
656	prekindergarten program must:
657	(a)  Register with the early learning coalition on forms
658	prescribed by the Agency for Workforce Innovation; and
659	(b)  Deliver the Voluntary Prekindergarten Education
660	Program in accordance with this part.
661	Section 8.  This act shall take effect July 1, 2008.

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