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

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