1 | A bill to be entitled |
2 | An act relating to early learning; amending s. 39.0121, |
3 | F.S.; deleting an obsolete reference to the repealed |
4 | subsidized child care program; amending s. 39.202, F.S.; |
5 | replacing an obsolete reference to a repealed program with |
6 | an updated reference to the school readiness program; |
7 | authorizing county agencies responsible for licensure or |
8 | approval of child care providers to be granted access to |
9 | certain confidential reports and records in cases of child |
10 | abuse or neglect; amending s. 39.5085, F.S.; deleting an |
11 | obsolete reference to a repealed program; amending s. |
12 | 383.14, F.S.; replacing obsolete references to the former |
13 | State Coordinating Council for School Readiness Programs |
14 | with updated references to the Agency for Workforce |
15 | Innovation; transferring, renumbering, and amending s. |
16 | 402.25, F.S.; updating an obsolete reference to a repealed |
17 | program; deleting obsolete references relating to the |
18 | repealed prekindergarten early intervention program and |
19 | Florida First Start Program; amending s. 402.26, F.S.; |
20 | revising legislative intent; updating an obsolete |
21 | reference to a repealed program; amending s. 402.281, |
22 | F.S.; updating an obsolete reference to a former council; |
23 | requiring that the Department of Children and Family |
24 | Services consult with the Agency for Workforce Innovation |
25 | regarding the approval of accrediting associations for the |
26 | Gold Seal Quality Care program; transferring and |
27 | renumbering s. 402.3016, F.S., relating to Early Head |
28 | Start collaboration grants; transferring, renumbering, and |
29 | amending s. 402.3018, F.S.; transferring administration of |
30 | the statewide toll-free Warm-Line from the department to |
31 | the agency; conforming provisions; transferring, |
32 | renumbering, and amending s. 402.3051, F.S.; revising |
33 | procedures for child care market rate reimbursement and |
34 | child care grants; transferring authority to establish the |
35 | procedures from the department to the agency; directing |
36 | the agency to adopt a prevailing market rate schedule for |
37 | child care services; revising definitions; prohibiting the |
38 | schedule from interfering with parental choice; |
39 | authorizing the agency to enter into contracts and adopt |
40 | rules; amending s. 402.313, F.S.; deleting obsolete |
41 | provisions authorizing the department to license family |
42 | day care homes participating in a repealed program; |
43 | repealing ss. 402.3135 and 402.3145, F.S., relating to the |
44 | subsidized child care program case management program and |
45 | the subsidized child care transportation program; amending |
46 | s. 402.315, F.S.; revising provisions relating to fees |
47 | collected for child care facilities; amending s. 402.45, |
48 | F.S.; updating an obsolete reference relating to a former |
49 | council; directing the Department of Health to consult |
50 | with the agency regarding certain training provided for |
51 | contractors of the community resource mother or father |
52 | program; amending s. 409.1671, F.S.; clarifying that a |
53 | licensed foster home may be dually licensed as a child |
54 | care facility and receive certain payments for the same |
55 | child; deleting an obsolete reference to a repealed |
56 | program; amending s. 411.01, F.S.; revising provisions |
57 | relating to the School Readiness Act; revising legislative |
58 | intent; revising the duties and responsibilities of the |
59 | Agency for Workforce Innovation; deleting obsolete |
60 | provisions relating to procedures for merging early |
61 | learning coalitions; revising requirements for parental |
62 | choice; directing the agency to establish a formula for |
63 | allocating school readiness funds to each county; |
64 | providing for legislative notice and review of the |
65 | formula; amending s. 411.0101, F.S.; revising requirements |
66 | for services provided by the statewide child care resource |
67 | and referral network; updating obsolete references to |
68 | repealed programs; amending s. 411.0102, F.S.; revising |
69 | provisions relating to the Child Care Executive |
70 | Partnership Act; updating obsolete references to repealed |
71 | programs; deleting provisions relating to the duties of |
72 | each early coalition board; amending s. 411.203, F.S.; |
73 | deleting an obsolete reference to a repealed program; |
74 | conforming provisions; amending s. 411.221, F.S.; updating |
75 | an obsolete reference to a former council; amending ss. |
76 | 445.024, 445.030, 490.014, and 491.014, F.S.; deleting |
77 | obsolete references to repealed programs; conforming |
78 | provisions to the repeal of the subsidized child care case |
79 | management program; amending ss. 1002.53, 1002.55, |
80 | 1002.67, and 1002.71, F.S.; revising provisions relating |
81 | to the eligibility requirements for private |
82 | prekindergarten providers; conforming provisions to |
83 | changes made by the act; amending s. 1009.64, F.S.; |
84 | deleting an obsolete reference to a repealed program; |
85 | providing an effective date. |
86 |
|
87 | Be It Enacted by the Legislature of the State of Florida: |
88 |
|
89 | Section 1. Subsection (7) of section 39.0121, Florida |
90 | Statutes, is amended to read: |
91 | 39.0121 Specific rulemaking authority.-Pursuant to the |
92 | requirements of s. 120.536, the department is specifically |
93 | authorized to adopt, amend, and repeal administrative rules |
94 | which implement or interpret law or policy, or describe the |
95 | procedure and practice requirements necessary to implement this |
96 | chapter, including, but not limited to, the following: |
97 | (7) Federal funding requirements and procedures; foster |
98 | care and adoption subsidies; and subsidized independent living; |
99 | and subsidized child care. |
100 | Section 2. Paragraph (a) of subsection (2) of section |
101 | 39.202, Florida Statutes, is amended to read: |
102 | 39.202 Confidentiality of reports and records in cases of |
103 | child abuse or neglect.- |
104 | (2) Except as provided in subsection (4), access to such |
105 | records, excluding the name of the reporter which shall be |
106 | released only as provided in subsection (5), shall be granted |
107 | only to the following persons, officials, and agencies: |
108 | (a) Employees, authorized agents, or contract providers of |
109 | the department, the Department of Health, the Agency for Persons |
110 | with Disabilities, or county agencies responsible for carrying |
111 | out: |
112 | 1. Child or adult protective investigations; |
113 | 2. Ongoing child or adult protective services; |
114 | 3. Early intervention and prevention services; |
115 | 4. Healthy Start services; |
116 | 5. Licensure or approval of adoptive homes, foster homes, |
117 | child care facilities, facilities licensed under chapter 393, or |
118 | family day care homes or informal child care providers who |
119 | receive school readiness subsidized child care funding, or other |
120 | homes used to provide for the care and welfare of children; or |
121 | 6. Services for victims of domestic violence when provided |
122 | by certified domestic violence centers working at the |
123 | department's request as case consultants or with shared clients. |
124 |
|
125 | Also, employees or agents of the Department of Juvenile Justice |
126 | responsible for the provision of services to children, pursuant |
127 | to chapters 984 and 985. |
128 | Section 3. Paragraph (f) of subsection (2) of section |
129 | 39.5085, Florida Statutes, is amended to read: |
130 | 39.5085 Relative Caregiver Program.- |
131 | (2) |
132 | (f) Within available funding, the Relative Caregiver |
133 | Program shall provide relative caregivers with family support |
134 | and preservation services, flexible funds in accordance with s. |
135 | 409.165, subsidized child care, and other available services in |
136 | order to support the child's safety, growth, and healthy |
137 | development. Children living with relative caregivers who are |
138 | receiving assistance under this section shall be eligible for |
139 | Medicaid coverage. |
140 | Section 4. Paragraph (b) of subsection (1) and subsection |
141 | (2) of section 383.14, Florida Statutes, are amended to read: |
142 | 383.14 Screening for metabolic disorders, other hereditary |
143 | and congenital disorders, and environmental risk factors.- |
144 | (1) SCREENING REQUIREMENTS.-To help ensure access to the |
145 | maternal and child health care system, the Department of Health |
146 | shall promote the screening of all newborns born in Florida for |
147 | metabolic, hereditary, and congenital disorders known to result |
148 | in significant impairment of health or intellect, as screening |
149 | programs accepted by current medical practice become available |
150 | and practical in the judgment of the department. The department |
151 | shall also promote the identification and screening of all |
152 | newborns in this state and their families for environmental risk |
153 | factors such as low income, poor education, maternal and family |
154 | stress, emotional instability, substance abuse, and other high- |
155 | risk conditions associated with increased risk of infant |
156 | mortality and morbidity to provide early intervention, |
157 | remediation, and prevention services, including, but not limited |
158 | to, parent support and training programs, home visitation, and |
159 | case management. Identification, perinatal screening, and |
160 | intervention efforts shall begin prior to and immediately |
161 | following the birth of the child by the attending health care |
162 | provider. Such efforts shall be conducted in hospitals, |
163 | perinatal centers, county health departments, school health |
164 | programs that provide prenatal care, and birthing centers, and |
165 | reported to the Office of Vital Statistics. |
166 | (b) Postnatal screening.-A risk factor analysis using the |
167 | department's designated risk assessment instrument shall also be |
168 | conducted as part of the medical screening process upon the |
169 | birth of a child and submitted to the department's Office of |
170 | Vital Statistics for recording and other purposes provided for |
171 | in this chapter. The department's screening process for risk |
172 | assessment shall include a scoring mechanism and procedures that |
173 | establish thresholds for notification, further assessment, |
174 | referral, and eligibility for services by professionals or |
175 | paraprofessionals consistent with the level of risk. Procedures |
176 | for developing and using the screening instrument, notification, |
177 | referral, and care coordination services, reporting |
178 | requirements, management information, and maintenance of a |
179 | computer-driven registry in the Office of Vital Statistics which |
180 | ensures privacy safeguards must be consistent with the |
181 | provisions and plans established under chapter 411, Pub. L. No. |
182 | 99-457, and this chapter. Procedures established for reporting |
183 | information and maintaining a confidential registry must include |
184 | a mechanism for a centralized information depository at the |
185 | state and county levels. The department shall coordinate with |
186 | existing risk assessment systems and information registries. The |
187 | department must ensure, to the maximum extent possible, that the |
188 | screening information registry is integrated with the |
189 | department's automated data systems, including the Florida On- |
190 | line Recipient Integrated Data Access (FLORIDA) system. Tests |
191 | and screenings must be performed by the State Public Health |
192 | Laboratory, in coordination with Children's Medical Services, at |
193 | such times and in such manner as is prescribed by the department |
194 | after consultation with the Genetics and Infant Screening |
195 | Advisory Council and the Agency for Workforce Innovation State |
196 | Coordinating Council for School Readiness Programs. |
197 | (2) RULES.-After consultation with the Genetics and |
198 | Newborn Screening Advisory Council, the department shall adopt |
199 | and enforce rules requiring that every newborn in this state |
200 | shall, prior to becoming 1 week of age, be subjected to a test |
201 | for phenylketonuria and, at the appropriate age, be tested for |
202 | such other metabolic diseases and hereditary or congenital |
203 | disorders as the department may deem necessary from time to |
204 | time. After consultation with the Agency for Workforce |
205 | Innovation State Coordinating Council for School Readiness |
206 | Programs, the department shall also adopt and enforce rules |
207 | requiring every newborn in this state to be screened for |
208 | environmental risk factors that place children and their |
209 | families at risk for increased morbidity, mortality, and other |
210 | negative outcomes. The department shall adopt such additional |
211 | rules as are found necessary for the administration of this |
212 | section and s. 383.145, including rules providing definitions of |
213 | terms, rules relating to the methods used and time or times for |
214 | testing as accepted medical practice indicates, rules relating |
215 | to charging and collecting fees for the administration of the |
216 | newborn screening program authorized by this section, rules for |
217 | processing requests and releasing test and screening results, |
218 | and rules requiring mandatory reporting of the results of tests |
219 | and screenings for these conditions to the department. |
220 | Section 5. Section 402.25, Florida Statutes, is |
221 | transferred, renumbered as section 411.0106, Florida Statutes, |
222 | and amended to read: |
223 | 411.0106 402.25 Infants and toddlers in state-funded |
224 | education and care programs; brain development activities.-Each |
225 | state-funded education and care program for children from birth |
226 | to 5 years of age must provide activities to foster brain |
227 | development in infants and toddlers. A program must provide an |
228 | environment that helps children attain the performance standards |
229 | adopted by the Agency for Workforce Innovation under s. |
230 | 411.01(4)(d)8. and must be rich in language and music and filled |
231 | with objects of various colors, shapes, textures, and sizes to |
232 | stimulate visual, tactile, auditory, and linguistic senses in |
233 | the children and must include classical music and at least 30 |
234 | minutes of reading to the children each day. A program may be |
235 | offered through an existing early childhood program such as |
236 | Healthy Start, the Title I program, the school readiness program |
237 | contracted or directly operated subsidized child care, the |
238 | prekindergarten early intervention program, Florida First Start, |
239 | the Head Start program, or a private child care program. A |
240 | program must provide training for the infants' and toddlers' |
241 | parents including direct dialogue and interaction between |
242 | teachers and parents demonstrating the urgency of brain |
243 | development in the first year of a child's life. Family day care |
244 | centers are encouraged, but not required, to comply with this |
245 | section. |
246 | Section 6. Subsection (5) of section 402.26, Florida |
247 | Statutes, is amended to read: |
248 | 402.26 Child care; legislative intent.- |
249 | (5) It is the further intent of the Legislature to provide |
250 | and make accessible child care opportunities for children at |
251 | risk, economically disadvantaged children, and other children |
252 | traditionally disenfranchised from society. In achieving this |
253 | intent, the Legislature shall develop early learning programs a |
254 | subsidized child care system, a range of child care options, |
255 | support services, and linkages with other programs to fully meet |
256 | the child care needs of this population. |
257 | Section 7. Subsection (2) of section 402.281, Florida |
258 | Statutes, is amended to read: |
259 | 402.281 Gold Seal Quality Care program.- |
260 | (2) In developing the Gold Seal Quality Care program |
261 | standards, the department shall consult with the Department of |
262 | Education, the Agency for Workforce Innovation, the Florida Head |
263 | Start Directors Association, the Florida Association of Child |
264 | Care Management, the Florida Family Day Care Association, the |
265 | Florida Children's Forum, the State Coordinating Council for |
266 | School Readiness Programs, the Early Childhood Association of |
267 | Florida, the National Association for Child Development |
268 | Education, providers receiving exemptions under s. 402.316, and |
269 | parents, for the purpose of approving the accrediting |
270 | associations. |
271 | Section 8. Section 402.3016, Florida Statutes, is |
272 | transferred and renumbered as section 411.0104, Florida |
273 | Statutes. |
274 | Section 9. Section 402.3018, Florida Statutes, is |
275 | transferred, renumbered as section 411.01015, Florida Statutes, |
276 | and amended to read: |
277 | 411.01015 402.3018 Consultation to child care centers and |
278 | family day care homes regarding health, developmental, |
279 | disability, and special needs issues.- |
280 | (1) Contingent upon specific appropriations, the Agency |
281 | for Workforce Innovation shall administer department is directed |
282 | to contract with the statewide resource information and referral |
283 | agency for a statewide toll-free Warm-Line for the purpose of |
284 | providing assistance and consultation to child care centers and |
285 | family day care homes regarding health, developmental, |
286 | disability, and special needs issues of the children they are |
287 | serving, particularly children with disabilities and other |
288 | special needs. |
289 | (2) The purpose of the Warm-Line is to provide advice to |
290 | child care personnel concerning strategies, curriculum, and |
291 | environmental adaptations that allow a child with a disability |
292 | or special need to derive maximum benefit from the child care |
293 | services experience. |
294 | (3) The Agency for Workforce Innovation department shall |
295 | annually inform child care centers and family day care homes of |
296 | the availability of this service through the child care resource |
297 | and referral network under s. 411.0101, on an annual basis. |
298 | (4) Contingent upon specific appropriations, the Agency |
299 | for Workforce Innovation department shall expand, or contract |
300 | for the expansion of, the Warm-Line to maintain at least one |
301 | Warm-Line site in each early learning coalition service area |
302 | from one statewide site to one Warm-Line site in each child care |
303 | resource and referral agency region. |
304 | (5) Each regional Warm-Line shall provide assistance and |
305 | consultation to child care centers and family day care homes |
306 | regarding health, developmental, disability, and special needs |
307 | issues of the children they are serving, particularly children |
308 | with disabilities and other special needs. Regional Warm-Line |
309 | staff shall provide onsite technical assistance, when requested, |
310 | to assist child care centers and family day care homes with |
311 | inquiries relative to the strategies, curriculum, and |
312 | environmental adaptations the child care centers and family day |
313 | care homes may need as they serve children with disabilities and |
314 | other special needs. |
315 | Section 10. Section 402.3051, Florida Statutes, is |
316 | transferred, renumbered as section 411.01013, Florida Statutes, |
317 | and amended to read: |
318 | (Substantial rewording of section. See |
319 | s. 402.3051, F.S., for present text.) |
320 | 411.01013 Prevailing market rate schedule.- |
321 | (1) As used in this section, the term: |
322 | (a) "Market rate" means the price that a child care |
323 | provider charges for daily, weekly, or monthly child care |
324 | services. |
325 | (b) "Prevailing market rate" means the annually determined |
326 | 75th percentile of a reasonable frequency distribution of the |
327 | market rate in a predetermined geographic market at which child |
328 | care providers charge a person for child care services. |
329 | (2) The Agency for Workforce Innovation shall establish |
330 | procedures for the adoption of a prevailing market rate |
331 | schedule. The schedule must include, at a minimum, county-by- |
332 | county rates: |
333 | (a) At the prevailing market rate, plus the maximum rate, |
334 | for child care providers that hold a Gold Seal Quality Care |
335 | designation under s. 402.281. |
336 | (b) At the prevailing market rate for child care providers |
337 | that do not hold a Gold Seal Quality Care designation. |
338 | (3) The prevailing market rate schedule, at a minimum, |
339 | must: |
340 | (a) Differentiate rates by the type of child care |
341 | provider, including, but not limited to, a child care facility |
342 | licensed under s. 402.305, a public or nonpublic school exempt |
343 | from licensure under s. 402.3025, a faith-based child care |
344 | facility exempt from licensure under s. 402.316, a large family |
345 | child care home licensed under s. 402.3131, a family day care |
346 | home licensed or registered under s. 402.313, or an after-school |
347 | program that is not defined as child care under rules adopted |
348 | pursuant to s. 402.3045. |
349 | (b) Differentiate rates by the type of child care services |
350 | provided for children with special needs or risk categories, |
351 | infants, toddlers, preschool-age children, and school-age |
352 | children. |
353 | (c) Differentiate rates between full-time and part-time |
354 | child care services. |
355 | (d) Consider discounted rates for child care services for |
356 | multiple children in a single family. |
357 | (4) The prevailing market rate schedule may not interfere |
358 | with the parental choice of child care providers under s. |
359 | 411.01, regardless of available funding for the school readiness |
360 | program. The prevailing market rate schedule must be based |
361 | exclusively on the prices charged for child care services. |
362 | (5) The Agency for Workforce Innovation may contract with |
363 | one or more qualified entities to administer this section and |
364 | provide support and technical assistance for child care |
365 | providers. |
366 | (6) The Agency for Workforce Innovation may adopt rules |
367 | pursuant to ss. 120.536(1) and 120.54 to administer this |
368 | section. |
369 | Section 11. Subsection (1) of section 402.313, Florida |
370 | Statutes, is amended to read: |
371 | 402.313 Family day care homes.- |
372 | (1) Family day care homes shall be licensed under this act |
373 | if they are presently being licensed under an existing county |
374 | licensing ordinance, if they are participating in the subsidized |
375 | child care program, or if the board of county commissioners |
376 | passes a resolution that family day care homes be licensed. If |
377 | no county authority exists for the licensing of a family day |
378 | care home, the department shall have the authority to license |
379 | family day care homes under contract for the purchase-of-service |
380 | system in the subsidized child care program. |
381 | (a) If not subject to license, family day care homes shall |
382 | register annually with the department, providing the following |
383 | information: |
384 | 1. The name and address of the home. |
385 | 2. The name of the operator. |
386 | 3. The number of children served. |
387 | 4. Proof of a written plan to provide at least one other |
388 | competent adult to be available to substitute for the operator |
389 | in an emergency. This plan shall include the name, address, and |
390 | telephone number of the designated substitute. |
391 | 5. Proof of screening and background checks. |
392 | 6. Proof of successful completion of the 30-hour training |
393 | course, as evidenced by passage of a competency examination, |
394 | which shall include: |
395 | a. State and local rules and regulations that govern child |
396 | care. |
397 | b. Health, safety, and nutrition. |
398 | c. Identifying and reporting child abuse and neglect. |
399 | d. Child development, including typical and atypical |
400 | language development; and cognitive, motor, social, and self- |
401 | help skills development. |
402 | e. Observation of developmental behaviors, including using |
403 | a checklist or other similar observation tools and techniques to |
404 | determine a child's developmental level. |
405 | f. Specialized areas, including early literacy and |
406 | language development of children from birth to 5 years of age, |
407 | as determined by the department, for owner-operators of family |
408 | day care homes. |
409 | 7. Proof that immunization records are kept current. |
410 | 8. Proof of completion of the required continuing |
411 | education units or clock hours. |
412 | (b) A family day care home not participating in the |
413 | subsidized child care program may volunteer to be licensed under |
414 | the provisions of this act. |
415 | (c) The department may provide technical assistance to |
416 | counties and family day care home providers to enable counties |
417 | and family day care providers to achieve compliance with family |
418 | day care homes standards. |
419 | Section 12. Sections 402.3135 and 402.3145, Florida |
420 | Statutes, are repealed. |
421 | Section 13. Subsection (3) of section 402.315, Florida |
422 | Statutes, is amended to read: |
423 | 402.315 Funding; license fees.- |
424 | (3) The department shall collect a fee for any license it |
425 | issues for a child care facility, family day care home, or large |
426 | family child care home pursuant to ss. 402.305, 402.313, and |
427 | 402.3131 s. 402.308. |
428 | (a) For a child care facility licensed pursuant to s. |
429 | 402.305, such fee shall be $1 per child based on the licensed |
430 | capacity of the facility, except that the minimum fee shall be |
431 | $25 per facility center and the maximum fee shall be $100 per |
432 | facility center. |
433 | (b) For a family day care home registered pursuant to s. |
434 | 402.313, such fee shall be $25. |
435 | (c) For a family day care home licensed pursuant to s. |
436 | 402.313, such fee shall be $50. |
437 | (d) For a large family child care home licensed pursuant |
438 | to s. 402.3131, such fee shall be $60. |
439 | Section 14. Subsection (6) of section 402.45, Florida |
440 | Statutes, is amended to read: |
441 | 402.45 Community resource mother or father program.- |
442 | (6) Individuals under contract to provide community |
443 | resource mother or father services shall participate in |
444 | preservice and ongoing training as determined by the Department |
445 | of Health in consultation with the Agency for Workforce |
446 | Innovation State Coordinating Council for School Readiness |
447 | Programs. A community resource mother or father shall not be |
448 | assigned a client caseload until all preservice training |
449 | requirements are completed. |
450 | Section 15. Paragraph (c) of subsection (5) of section |
451 | 409.1671, Florida Statutes, is amended to read: |
452 | 409.1671 Foster care and related services; outsourcing.- |
453 | (5) |
454 | (c) A foster home dually licensed home under this section |
455 | may shall be dually licensed as a child care facility under |
456 | chapter 402 and may eligible to receive both an out-of-home care |
457 | payment and, to the extent permitted under federal law, school |
458 | readiness funding a subsidized child care payment for the same |
459 | child pursuant to federal law. The department may adopt |
460 | administrative rules necessary to administer this paragraph. |
461 | Section 16. Paragraphs (a), (d), (e), (f), (g), and (h) of |
462 | subsection (2) and subsections (4) through (11) of section |
463 | 411.01, Florida Statutes, are amended to read: |
464 | 411.01 School readiness programs; early learning |
465 | coalitions.- |
466 | (2) LEGISLATIVE INTENT.- |
467 | (a) The Legislature recognizes that school readiness |
468 | programs increase children's chances of achieving future |
469 | educational success and becoming productive members of society. |
470 | It is the intent of the Legislature that the programs be |
471 | developmentally appropriate, research-based, involve the parent |
472 | parents as a their child's first teacher, serve as preventive |
473 | measures for children at risk of future school failure, enhance |
474 | the educational readiness of eligible children, and support |
475 | family education. Each school readiness program shall provide |
476 | the elements necessary to prepare at-risk children for school, |
477 | including health screening and referral and an appropriate |
478 | educational program. |
479 | (d) It is the intent of the Legislature that the |
480 | administrative staff at the state level for school readiness |
481 | programs be kept to the minimum necessary to administer the |
482 | duties of the Agency for Workforce Innovation and early learning |
483 | coalitions, as the school readiness programs are to be |
484 | regionally designed, operated, and managed, with the Agency for |
485 | Workforce Innovation developing school readiness program |
486 | performance standards and outcome measures and approving and |
487 | reviewing early learning coalitions and school readiness plans. |
488 | (e) It is the intent of the Legislature that |
489 | appropriations for combined school readiness programs shall not |
490 | be less than the programs would receive in any fiscal year on an |
491 | uncombined basis. |
492 | (e)(f) It is the intent of the Legislature that the school |
493 | readiness program coordinate and operate in conjunction with the |
494 | district school systems. However, it is also the intent of the |
495 | Legislature that the school readiness program not be construed |
496 | as part of the system of free public schools but rather as a |
497 | separate program for children under the age of kindergarten |
498 | eligibility, funded separately from the system of free public |
499 | schools, utilizing a mandatory sliding fee scale, and providing |
500 | an integrated and seamless system of school readiness services |
501 | for the state's birth-to-kindergarten population. |
502 | (g) It is the intent of the Legislature that the federal |
503 | child care income tax credit be preserved for school readiness |
504 | programs. |
505 | (f)(h) It is the intent of the Legislature that school |
506 | readiness services shall be an integrated and seamless program |
507 | system of services with a developmentally appropriate education |
508 | component for the state's eligible birth-to-kindergarten |
509 | population described in subsection (6) and shall not be |
510 | construed as part of the seamless K-20 education system. |
511 | (4) AGENCY FOR WORKFORCE INNOVATION.- |
512 | (a) The Agency for Workforce Innovation shall administer |
513 | school readiness programs at the state level and shall |
514 | coordinate with the early learning coalitions in providing |
515 | school readiness services on a full-day, full-year, full-choice |
516 | basis to the extent possible in order to enable parents to work |
517 | and be financially self-sufficient. |
518 | (b) The Agency for Workforce Innovation shall: |
519 | 1. Coordinate the birth-to-kindergarten services for |
520 | children who are eligible under subsection (6) and the |
521 | programmatic, administrative, and fiscal standards under this |
522 | section for all public providers of school readiness programs. |
523 | 2. Continue to provide unified leadership for school |
524 | readiness through early learning coalitions. |
525 | 2.3. Focus on improving the educational quality of all |
526 | program providers participating in publicly funded school |
527 | readiness programs. |
528 | (c) The Governor shall designate the Agency for Workforce |
529 | Innovation as the lead agency for purposes of administration of |
530 | the federal Child Care and Development Fund, 45 C.F.R. parts 98 |
531 | and 99, and the Agency for Workforce Innovation may be |
532 | designated by the Governor as the lead agency and, if so |
533 | designated, shall comply with the lead agency responsibilities |
534 | under federal law. |
535 | (d) The Agency for Workforce Innovation shall: |
536 | 1. Be responsible for the prudent use of all public and |
537 | private funds in accordance with all legal and contractual |
538 | requirements. |
539 | 2. Provide final approval and every 2 years periodic |
540 | review of early learning coalitions and school readiness plans. |
541 | 3. Establish Provide leadership for the enhancement of |
542 | school readiness in this state by aggressively establishing a |
543 | unified approach to the state's efforts toward enhancement of |
544 | school readiness. In support of this effort, the Agency for |
545 | Workforce Innovation shall adopt may develop and implement |
546 | specific system support service strategies that address the |
547 | state's school readiness programs. An early learning coalition |
548 | shall amend its school readiness plan to conform to the specific |
549 | system support service strategies adopted by the Agency for |
550 | Workforce Innovation. System support services shall include, but |
551 | are not limited to: |
552 | a. Child care resource and referral services; |
553 | b. Warm-Line services; |
554 | c. Eligibility determinations; |
555 | d. Child performance standards; |
556 | e. Child screening and assessment; |
557 | f. Developmentally appropriate curricula; |
558 | g. Health and safety requirements; |
559 | h. Statewide data system requirements; and |
560 | i. Rating and improvement systems. |
561 | 4. Safeguard the effective use of federal, state, local, |
562 | and private resources to achieve the highest possible level of |
563 | school readiness for the children in this state. |
564 | 5. Adopt a rule establishing criteria for the expenditure |
565 | of funds designated for the purpose of funding activities to |
566 | improve the quality of child care within the state in accordance |
567 | with s. 658G of the federal Child Care and Development Block |
568 | Grant Act. |
569 | 6.5. Provide technical assistance to early learning |
570 | coalitions in a manner determined by the Agency for Workforce |
571 | Innovation based upon information obtained by the agency from |
572 | various sources, including, but not limited to, public input, |
573 | government reports, private interest group reports, agency |
574 | monitoring visits, and coalition requests for service. |
575 | 7. In cooperation with the Department of Education and |
576 | early learning coalitions, coordinate with the Child Care |
577 | Services Program Office of the Department of Children and Family |
578 | Services to minimize duplicating interagency activities, health |
579 | and safety monitoring, and acquiring and composing data |
580 | pertaining to child care training and credentialing. |
581 | 6. Assess gaps in service. |
582 | 7. Provide technical assistance to counties that form a |
583 | multicounty region served by an early learning coalition. |
584 | 8. Develop and adopt performance standards and outcome |
585 | measures for school readiness programs. The performance |
586 | standards must address the age-appropriate progress of children |
587 | in the development of the school readiness skills required under |
588 | paragraph (j). The performance standards for children from birth |
589 | to 5 3 years of age in school readiness programs must be |
590 | integrated with the performance standards adopted by the |
591 | Department of Education for children in the Voluntary |
592 | Prekindergarten Education Program under s. 1002.67. |
593 | 9. Adopt a standard contract that must be used by the |
594 | coalitions when contracting with school readiness providers. |
595 | (e) The Agency for Workforce Innovation may adopt rules |
596 | under ss. 120.536(1) and 120.54 to administer the provisions of |
597 | law conferring duties upon the agency, including, but not |
598 | limited to, rules governing the administration of system support |
599 | services preparation and implementation of the school readiness |
600 | programs system, the collection of data, the approval of early |
601 | learning coalitions and school readiness plans, the provision of |
602 | a method whereby an early learning coalition may serve two or |
603 | more counties, the award of incentives to early learning |
604 | coalitions, child performance standards, child outcome measures, |
605 | and the issuance of waivers, and the implementation of the |
606 | state's Child Care and Development Fund Plan as approved by the |
607 | federal Administration for Children and Families. |
608 | (f) The Agency for Workforce Innovation shall have all |
609 | powers necessary to administer this section, including, but not |
610 | limited to, the power to receive and accept grants, loans, or |
611 | advances of funds from any public or private agency and to |
612 | receive and accept from any source contributions of money, |
613 | property, labor, or any other thing of value, to be held, used, |
614 | and applied for purposes of this section. |
615 | (g) Except as provided by law, the Agency for Workforce |
616 | Innovation may not impose requirements on a child care or early |
617 | childhood education provider that does not deliver services |
618 | under the a school readiness programs program or receive state |
619 | or federal funds under this section. |
620 | (h) The Agency for Workforce Innovation shall have a |
621 | budget for the school readiness programs system, which shall be |
622 | financed through an annual appropriation made for purposes of |
623 | this section in the General Appropriations Act. |
624 | (i) The Agency for Workforce Innovation shall coordinate |
625 | the efforts toward school readiness in this state and provide |
626 | independent policy analyses, data analyses, and recommendations |
627 | to the Governor, the State Board of Education, and the |
628 | Legislature. |
629 | (j) The Agency for Workforce Innovation shall require that |
630 | each early learning coalition's school readiness programs |
631 | program must, at a minimum, enhance the age-appropriate progress |
632 | of each child in attaining the performance standards adopted |
633 | under subparagraph (d)8. and in the development of the following |
634 | school readiness skills: |
635 | 1. Compliance with rules, limitations, and routines. |
636 | 2. Ability to perform tasks. |
637 | 3. Interactions with adults. |
638 | 4. Interactions with peers. |
639 | 5. Ability to cope with challenges. |
640 | 6. Self-help skills. |
641 | 7. Ability to express the child's needs. |
642 | 8. Verbal communication skills. |
643 | 9. Problem-solving skills. |
644 | 10. Following of verbal directions. |
645 | 11. Demonstration of curiosity, persistence, and |
646 | exploratory behavior. |
647 | 12. Interest in books and other printed materials. |
648 | 13. Paying attention to stories. |
649 | 14. Participation in art and music activities. |
650 | 15. Ability to identify colors, geometric shapes, letters |
651 | of the alphabet, numbers, and spatial and temporal |
652 | relationships. |
653 |
|
654 | Within 30 days after enrollment The Agency for Workforce |
655 | Innovation shall also require that, before a child is enrolled |
656 | in the an early learning coalition's school readiness program, |
657 | the early learning coalition must ensure that the program |
658 | provider obtains information is obtained by the coalition or the |
659 | school readiness provider regarding the child's immunizations, |
660 | physical development, and other health requirements as |
661 | necessary, including appropriate vision and hearing screening |
662 | and examinations as required by s. 402.305(9) and as verified |
663 | pursuant to s. 402.311. |
664 | (k) The Agency for Workforce Innovation shall conduct |
665 | studies and planning activities related to the overall |
666 | improvement and effectiveness of the outcome measures adopted by |
667 | the agency for school readiness programs and the specific system |
668 | support service strategies to address the state's school |
669 | readiness programs adopted by the Agency for Workforce |
670 | Innovation in accordance with subparagraph (d)3. |
671 | (l) The Agency for Workforce Innovation shall monitor and |
672 | evaluate the performance of each early learning coalition in |
673 | administering the school readiness program, implementing the |
674 | coalition's school readiness plan, and administering the |
675 | Voluntary Prekindergarten Education Program. These monitoring |
676 | and performance evaluations must include, at a minimum, onsite |
677 | monitoring of each coalition's finances, management, operations, |
678 | and programs. |
679 | (m) The Agency for Workforce Innovation shall identify |
680 | best practices of early learning coalitions in order to improve |
681 | the outcomes of school readiness programs. |
682 | (m)(n) The Agency for Workforce Innovation shall submit an |
683 | annual report of its activities conducted under this section to |
684 | the Governor, the executive director of the Florida Healthy Kids |
685 | Corporation, the President of the Senate, the Speaker of the |
686 | House of Representatives, and the minority leaders of both |
687 | houses of the Legislature. In addition, the Agency for Workforce |
688 | Innovation's reports and recommendations shall be made available |
689 | to the State Board of Education, the Florida Early Learning |
690 | Advisory Council and, other appropriate state agencies and |
691 | entities, district school boards, central agencies, and county |
692 | health departments. The annual report must provide an analysis |
693 | of school readiness activities across the state, including the |
694 | number of children who were served in the programs. |
695 | (n)(o) The Agency for Workforce Innovation shall work with |
696 | the early learning coalitions to ensure availability of training |
697 | and support for parental increase parents' training for and |
698 | involvement in their children's early preschool education and to |
699 | provide family literacy activities and services programs. |
700 | (5) CREATION OF EARLY LEARNING COALITIONS.- |
701 | (a) Early learning coalitions.- |
702 | 1. The Agency for Workforce Innovation shall establish the |
703 | minimum number of children to be served by each early learning |
704 | coalition through the coalition's school readiness program. The |
705 | Agency for Workforce Innovation may only approve school |
706 | readiness plans in accordance with this minimum number. The |
707 | minimum number must be uniform for every early learning |
708 | coalition and must: |
709 | a. Permit 31 30 or fewer coalitions to be established; and |
710 | b. Require each coalition to serve at least 2,000 children |
711 | based upon the average number of all children served per month |
712 | through the coalition's school readiness program during the |
713 | previous 12 months. |
714 |
|
715 | The Agency for Workforce Innovation shall adopt procedures for |
716 | merging early learning coalitions, including procedures for the |
717 | consolidation of merging coalitions, and for the early |
718 | termination of the terms of coalition members which are |
719 | necessary to accomplish the mergers. Each early learning |
720 | coalition must comply with the merger procedures and shall be |
721 | organized in accordance with this subparagraph by April 1, 2005. |
722 | By June 30, 2005, each coalition must complete the transfer of |
723 | powers, duties, functions, rules, records, personnel, property, |
724 | and unexpended balances of appropriations, allocations, and |
725 | other funds to the successor coalition, if applicable. |
726 | 2. If an early learning coalition would serve fewer |
727 | children than the minimum number established under subparagraph |
728 | 1., the coalition must merge with another county to form a |
729 | multicounty coalition. However, the Agency for Workforce |
730 | Innovation may authorize an early learning coalition to serve |
731 | fewer children than the minimum number established under |
732 | subparagraph 1., if: |
733 | a. The coalition demonstrates to the Agency for Workforce |
734 | Innovation that merging with another county or multicounty |
735 | region contiguous to the coalition would cause an extreme |
736 | hardship on the coalition; |
737 | b. The Agency for Workforce Innovation has determined |
738 | during the most recent annual review of the coalition's school |
739 | readiness plan, or through monitoring and performance |
740 | evaluations conducted under paragraph (4)(l), that the coalition |
741 | has substantially implemented its plan and substantially met the |
742 | performance standards and outcome measures adopted by the |
743 | agency; and |
744 | c. The coalition demonstrates to the Agency for Workforce |
745 | Innovation the coalition's ability to effectively and |
746 | efficiently implement the Voluntary Prekindergarten Education |
747 | Program. |
748 |
|
749 | If an early learning coalition fails or refuses to merge as |
750 | required by this subparagraph, the Agency for Workforce |
751 | Innovation may dissolve the coalition and temporarily contract |
752 | with a qualified entity to continue school readiness and |
753 | prekindergarten services in the coalition's county or |
754 | multicounty region until the agency reestablishes the coalition |
755 | and a new is reestablished through resubmission of a school |
756 | readiness plan is approved and approval by the agency. |
757 | 3. Notwithstanding the provisions of subparagraphs 1. and |
758 | 2., the early learning coalitions in Sarasota, Osceola, and |
759 | Santa Rosa Counties which were in operation on January 1, 2005, |
760 | are established and authorized to continue operation as |
761 | independent coalitions, and shall not be counted within the |
762 | limit of 30 coalitions established in subparagraph 1. |
763 | 3.4. Each early learning coalition shall be composed of at |
764 | least 15 18 members but not more than 30 35 members. The Agency |
765 | for Workforce Innovation shall adopt standards establishing |
766 | within this range the minimum and maximum number of members that |
767 | may be appointed to an early learning coalition. These standards |
768 | must include variations for a coalition serving a multicounty |
769 | region. Each early learning coalition must comply with these |
770 | standards. |
771 | 4.5. The Governor shall appoint the chair and two other |
772 | members of each early learning coalition, who must each meet the |
773 | same qualifications as private sector business members appointed |
774 | by the coalition under subparagraph 6.7. |
775 | 5.6. Each early learning coalition must include the |
776 | following member positions; however, in a multicounty coalition, |
777 | each ex officio member position may be filled by multiple |
778 | nonvoting members but no more than one voting member shall be |
779 | seated per member position members: |
780 | a. A Department of Children and Family Services circuit |
781 | district administrator or his or her designee who is authorized |
782 | to make decisions on behalf of the department. |
783 | b. A district superintendent of schools or his or her |
784 | designee who is authorized to make decisions on behalf of the |
785 | district, who shall be a nonvoting member. |
786 | c. A regional workforce board executive director or his or |
787 | her designee. |
788 | d. A county health department director or his or her |
789 | designee. |
790 | d.e. A children's services council or juvenile welfare |
791 | board chair or executive director, if applicable, who shall be a |
792 | nonvoting member if the council or board is the fiscal agent of |
793 | the coalition or if the council or board contracts with and |
794 | receives funds from the coalition for any purpose other than |
795 | rent. |
796 | e.f. An agency head of a local licensing agency as defined |
797 | in s. 402.302, where applicable. |
798 | f.g. A president of a community college or his or her |
799 | designee. |
800 | g.h. One member appointed by a board of county |
801 | commissioners or the governing board of a municipality. |
802 | i. A central agency administrator, where applicable, who |
803 | shall be a nonvoting member. |
804 | h.j. A Head Start director, who shall be a nonvoting |
805 | member. |
806 | i.k. A representative of private for-profit child care |
807 | providers, including private for-profit family day care homes, |
808 | who shall be a nonvoting member. |
809 | j.l. A representative of faith-based child care providers, |
810 | who shall be a nonvoting member. |
811 | k.m. A representative of programs for children with |
812 | disabilities under the federal Individuals with Disabilities |
813 | Education Act, who shall be a nonvoting member. |
814 | 6.7. Including the members appointed by the Governor under |
815 | subparagraph 4.5., more than one-third of the members of each |
816 | early learning coalition must be private sector business members |
817 | who do not have, and none of whose relatives as defined in s. |
818 | 112.3143 has, a substantial financial interest in the design or |
819 | delivery of the Voluntary Prekindergarten Education Program |
820 | created under part V of chapter 1002 or the coalition's school |
821 | readiness program. To meet this requirement an early learning |
822 | coalition must appoint additional members from a list of |
823 | nominees submitted to the coalition by a chamber of commerce or |
824 | economic development council within the geographic region served |
825 | by the coalition. The Agency for Workforce Innovation shall |
826 | establish criteria for appointing private sector business |
827 | members. These criteria must include standards for determining |
828 | whether a member or relative has a substantial financial |
829 | interest in the design or delivery of the Voluntary |
830 | Prekindergarten Education Program or the coalition's school |
831 | readiness program. |
832 | 7.8. A majority of the voting membership of an early |
833 | learning coalition constitutes a quorum required to conduct the |
834 | business of the coalition. An early learning coalition board may |
835 | use any method of telecommunications to conduct meetings, |
836 | including establishing a quorum through telecommunications, |
837 | provided that the public is given proper notice of a |
838 | telecommunications meeting and reasonable access to observe and, |
839 | when appropriate, participate. |
840 | 8.9. A voting member of an early learning coalition may |
841 | not appoint a designee to act in his or her place, except as |
842 | otherwise provided in this paragraph. A voting member may send a |
843 | representative to coalition meetings, but that representative |
844 | does not have voting privileges. When a district administrator |
845 | for the Department of Children and Family Services appoints a |
846 | designee to an early learning coalition, the designee is the |
847 | voting member of the coalition, and any individual attending in |
848 | the designee's place, including the district administrator, does |
849 | not have voting privileges. |
850 | 9.10. Each member of an early learning coalition is |
851 | subject to ss. 112.313, 112.3135, and 112.3143. For purposes of |
852 | s. 112.3143(3)(a), each voting member is a local public officer |
853 | who must abstain from voting when a voting conflict exists. |
854 | 10.11. For purposes of tort liability, each member or |
855 | employee of an early learning coalition shall be governed by s. |
856 | 768.28. |
857 | 11.12. An early learning coalition serving a multicounty |
858 | region must include representation from each county. |
859 | 12.13. Each early learning coalition shall establish terms |
860 | for all appointed members of the coalition. The terms must be |
861 | staggered and must be a uniform length that does not exceed 4 |
862 | years per term. Coalition chairs shall be appointed for 4 years |
863 | in conjunction with their membership on the Early Learning |
864 | Advisory Council under s. 20.052. Appointed members may serve a |
865 | maximum of two consecutive terms. When a vacancy occurs in an |
866 | appointed position, the coalition must advertise the vacancy. |
867 | (b) Limitation.-Except as provided by law, the early |
868 | learning coalitions may not impose requirements on a child care |
869 | or early childhood education provider that does not deliver |
870 | services under the school readiness programs or receive state, |
871 | federal, required maintenance of effort, or matching funds under |
872 | this section. |
873 | (b) Program participation.-The school readiness program |
874 | shall be established for children from birth to the beginning of |
875 | the school year for which a child is eligible for admission to |
876 | kindergarten in a public school under s. 1003.21(1)(a)2. The |
877 | program shall be administered by the early learning coalition. |
878 | Within funding limitations, the early learning coalition, along |
879 | with all providers, shall make reasonable efforts to accommodate |
880 | the needs of children for extended-day and extended-year |
881 | services without compromising the quality of the program. |
882 | (c) Program expectations.- |
883 | 1. The school readiness program must meet the following |
884 | expectations: |
885 | a. The program must, at a minimum, enhance the age- |
886 | appropriate progress of each child in attaining the development |
887 | of the school readiness skills required under paragraph (4)(j), |
888 | as measured by the performance standards and outcome measures |
889 | adopted by the Agency for Workforce Innovation. |
890 | b. The program must provide extended-day and extended-year |
891 | services to the maximum extent possible without compromising the |
892 | quality of the program to meet the needs of parents who work. |
893 | c. The program There must provide a be coordinated |
894 | professional staff development system that supports the |
895 | achievement and maintenance of core competencies by school |
896 | readiness instructors in helping children attain the performance |
897 | standards and outcome measures adopted by the Agency for |
898 | Workforce Innovation and teaching opportunities. |
899 | d. There must be expanded access to community services and |
900 | resources for families to help achieve economic self- |
901 | sufficiency. |
902 | e. There must be a single point of entry and unified |
903 | waiting list. As used in this sub-subparagraph, the term "single |
904 | point of entry" means an integrated information system that |
905 | allows a parent to enroll his or her child in the school |
906 | readiness program at various locations throughout a the county |
907 | or multicounty region served by an early learning coalition, |
908 | that may allow a parent to enroll his or her child by telephone |
909 | or through an Internet website, and that uses a unified waiting |
910 | list to track eligible children waiting for enrollment in the |
911 | school readiness program. The Agency for Workforce Innovation |
912 | shall establish through technology a single statewide |
913 | information system that each coalition must use for the purposes |
914 | of managing the integrates each early learning coalition's |
915 | single point of entry, tracking children's progress, |
916 | coordinating services among stakeholders, determining |
917 | eligibility, tracking child attendance, and streamlining |
918 | administrative processes for providers and early learning |
919 | coalitions and each coalition must use the statewide system. |
920 | f. The Agency for Workforce Innovation must consider the |
921 | access of eligible children to the school readiness program, as |
922 | demonstrated in part by waiting lists, before approving a |
923 | proposed increase in payment rates submitted by an early |
924 | learning coalition. In addition, early learning coalitions shall |
925 | use school readiness funds made available due to enrollment |
926 | shifts from school readiness programs to the Voluntary |
927 | Prekindergarten Education Program for increasing the number of |
928 | children served in school readiness programs before increasing |
929 | payment rates. |
930 | g. There must be a community plan to address the needs of |
931 | all eligible children. |
932 | g.h. The program must meet all state licensing guidelines, |
933 | where applicable. |
934 | h. The program must ensure that minimum standards for |
935 | child discipline practices are age-appropriate. Pursuant to s. |
936 | 402.305(12) and as verified pursuant to s. 402.311, such |
937 | standards must provide that children not be subjected to |
938 | discipline that is severe, humiliating, or frightening and may |
939 | not be associated with food, rest, or toileting. Spanking or any |
940 | other form of physical punishment is prohibited. |
941 | 2. Each The early learning coalition must implement a |
942 | comprehensive program of school readiness services in accordance |
943 | with the rules adopted by the agency which that enhance the |
944 | cognitive, social, and physical development of children to |
945 | achieve the performance standards and outcome measures adopted |
946 | by the agency for Workforce Innovation. At a minimum, these |
947 | programs must contain the following system support service |
948 | elements: |
949 | a. Developmentally appropriate curriculum designed to |
950 | enhance the age-appropriate progress of children in attaining |
951 | the performance standards adopted by the Agency for Workforce |
952 | Innovation under subparagraph (4)(d)8. |
953 | b. A character development program to develop basic |
954 | values. |
955 | c. An age-appropriate screening assessment of each child's |
956 | development. |
957 | d. An age-appropriate assessment A pretest administered to |
958 | children when they enter a program and an age-appropriate |
959 | assessment a posttest administered to children when they leave |
960 | the program. |
961 | e. An appropriate staff-to-children ratio, pursuant to s. |
962 | 402.305(4) or s. 402.302(7) or (8), as applicable, and as |
963 | verified pursuant to s. 402.311. |
964 | f. A healthy and safe environment pursuant to s. |
965 | 401.305(5), (6), and (7), and as verified pursuant to s. |
966 | 402.311. |
967 | g. A resource and referral network established under s. |
968 | 411.0101 to assist parents in making an informed choice and a |
969 | regional Warm-Line under s. 411.01015. |
970 |
|
971 | The Agency for Workforce Innovation, the Department of |
972 | Education, and early learning coalitions shall coordinate with |
973 | the Child Care Services Program Office of the Department of |
974 | Children and Family Services to minimize duplicating interagency |
975 | activities pertaining to acquiring and composing data for child |
976 | care training and credentialing. |
977 | (d) Implementation.- |
978 | 1. An early learning coalition may not implement the |
979 | school readiness program until the coalition is authorized |
980 | through approval of the coalition's school readiness plan by the |
981 | Agency for Workforce Innovation. |
982 | 2. Each early learning coalition shall coordinate with one |
983 | another to implement a comprehensive program of school readiness |
984 | services which enhances the cognitive, social, physical, and |
985 | moral character of the children to achieve the performance |
986 | standards and outcome measures, helps families achieve economic |
987 | self-sufficiency, and reduces agency duplication. Such program |
988 | must contain, at a minimum, the following elements: develop a |
989 | plan for implementing |
990 | a. Implement the school readiness program to meet the |
991 | requirements of this section and the system support services |
992 | performance standards and outcome measures adopted by the Agency |
993 | for Workforce Innovation. |
994 | b. The plan must Demonstrate how the program will ensure |
995 | that each 3-year-old and 4-year-old child from birth through 5 |
996 | years of age in a publicly funded school readiness program |
997 | receives scheduled activities and instruction designed to |
998 | enhance the age-appropriate progress of the children in |
999 | attaining the performance standards adopted by the Agency for |
1000 | Workforce Innovation under subparagraph (4)(d)8. |
1001 | c. Ensure that the coalition has solicited and considered |
1002 | comments regarding the proposed school readiness plan from the |
1003 | local community. |
1004 |
|
1005 | Before implementing the school readiness program, the early |
1006 | learning coalition must submit the plan to the Agency for |
1007 | Workforce Innovation for approval. The Agency for Workforce |
1008 | Innovation may approve the plan, reject the plan, or approve the |
1009 | plan with conditions. The Agency for Workforce Innovation shall |
1010 | review school readiness plans at least every 2 years annually. |
1011 | 3. If the Agency for Workforce Innovation determines |
1012 | during the annual review of school readiness plans, or through |
1013 | monitoring and performance evaluations conducted under paragraph |
1014 | (4)(l), that an early learning coalition has not substantially |
1015 | implemented its plan, has not substantially met the performance |
1016 | standards and outcome measures adopted by the agency, or has not |
1017 | effectively administered the school readiness program or |
1018 | Voluntary Prekindergarten Education Program, the Agency for |
1019 | Workforce Innovation may dissolve the coalition and temporarily |
1020 | contract with a qualified entity to continue school readiness |
1021 | and prekindergarten services in the coalition's county or |
1022 | multicounty region until the agency reestablishes the coalition |
1023 | and a new the coalition is reestablished through resubmission of |
1024 | a school readiness plan is approved in accordance with the rules |
1025 | adopted and approval by the agency. |
1026 | 4. The Agency for Workforce Innovation shall adopt rules |
1027 | establishing criteria for the approval of school readiness |
1028 | plans. The criteria must be consistent with the system support |
1029 | services, performance standards, and outcome measures adopted by |
1030 | the agency and must require each approved plan to include the |
1031 | following minimum standards and provisions for the school |
1032 | readiness program: |
1033 | a. A community plan that addresses the needs of all |
1034 | children and providers within the coalition's county or |
1035 | multicounty region. |
1036 | b.a. A sliding fee scale establishing a copayment for |
1037 | parents based upon their ability to pay, which is the same for |
1038 | all program providers, to be implemented and reflected in each |
1039 | program's budget. |
1040 | c.b. A choice of settings and locations in licensed, |
1041 | registered, religious-exempt, or school-based programs to be |
1042 | provided to parents. |
1043 | c. Instructional staff who have completed the training |
1044 | course as required in s. 402.305(2)(d)1., as well as staff who |
1045 | have additional training or credentials as required by the |
1046 | Agency for Workforce Innovation. The plan must provide a method |
1047 | for assuring the qualifications of all personnel in all program |
1048 | settings. |
1049 | d. Specific eligibility priorities for children within the |
1050 | early learning coalition's county or multicounty region in |
1051 | accordance with subsection (6). |
1052 | e. Performance standards and outcome measures adopted by |
1053 | the Agency for Workforce Innovation. |
1054 | f. Payment rates adopted by the early learning coalitions |
1055 | coalition and approved by the Agency for Workforce Innovation. |
1056 | Payment rates may not have the effect of limiting parental |
1057 | choice or creating standards or levels of services that have not |
1058 | been expressly established authorized by the Legislature, unless |
1059 | the creation of such standards or levels of service is a |
1060 | precondition for the state's eligibility to receive federal |
1061 | funds available for early learning programs. |
1062 | g. Systems support services, including a central agency, |
1063 | child care resource and referral, eligibility determinations, |
1064 | training of providers, and parent support and involvement. |
1065 | h. Direct enhancement services for to families and |
1066 | children. System support and direct enhancement services shall |
1067 | be in addition to payments for the placement of children in |
1068 | school readiness programs. Direct enhancement services for |
1069 | families may include parent training and involvement activities |
1070 | and strategies to meet the needs of unique populations and local |
1071 | eligibility priorities. Enhancement services for children may |
1072 | include provider supports and professional development approved |
1073 | in the plan by the Agency for Workforce Innovation. |
1074 | i. The business organization of the early learning |
1075 | coalition, which must include the coalition's articles of |
1076 | incorporation and bylaws if the coalition is organized as a |
1077 | corporation. If the coalition is not organized as a corporation |
1078 | or other business entity, the plan must include the contract |
1079 | with a fiscal agent. An early learning coalition may contract |
1080 | with other coalitions to achieve efficiency in multicounty |
1081 | services, and these contracts may be part of the coalition's |
1082 | school readiness plan. |
1083 | j. The implementation of locally developed quality |
1084 | programs in accordance with the requirements adopted by the |
1085 | agency under subparagraph (4)(d)5. |
1086 | j. Strategies to meet the needs of unique populations, |
1087 | such as migrant workers. |
1088 |
|
1089 | As part of the school readiness plan, The Agency for Workforce |
1090 | Innovation early learning coalition may request the Governor to |
1091 | apply for a waiver to allow the coalition to administer the Head |
1092 | Start Program to accomplish the purposes of the school readiness |
1093 | program. If a school readiness plan demonstrates that specific |
1094 | statutory goals can be achieved more effectively by using |
1095 | procedures that require modification of existing rules, |
1096 | policies, or procedures, a request for a waiver to the Agency |
1097 | for Workforce Innovation may be submitted as part of the plan. |
1098 | Upon review, the Agency for Workforce Innovation may grant the |
1099 | proposed modification. |
1100 | 5. Persons with an early childhood teaching certificate |
1101 | may provide support and supervision to other staff in the school |
1102 | readiness program. |
1103 | 6. An early learning coalition may not implement its |
1104 | school readiness plan until it submits the plan to and receives |
1105 | approval from the Agency for Workforce Innovation. Once the plan |
1106 | is approved, the plan and the services provided under the plan |
1107 | shall be controlled by the early learning coalition. The plan |
1108 | shall be reviewed and revised as necessary, but at least |
1109 | biennially. An early learning coalition may not implement the |
1110 | revisions until the coalition submits the revised plan to and |
1111 | receives approval from the Agency for Workforce Innovation. If |
1112 | the Agency for Workforce Innovation rejects a revised plan, the |
1113 | coalition must continue to operate under its prior approved |
1114 | plan. |
1115 | 7. Sections 125.901(2)(a)3., 411.221, and 411.232 do not |
1116 | apply to an early learning coalition with an approved school |
1117 | readiness programs plan. The Agency for Workforce Innovation To |
1118 | facilitate innovative practices and to allow the regional |
1119 | establishment of school readiness programs, an early learning |
1120 | coalition may apply to the Governor and Cabinet for a waiver of, |
1121 | and the Governor and Cabinet may waive, any of the provisions of |
1122 | ss. 411.223, 411.232, and 1003.54, if the waiver is necessary |
1123 | for implementation of the coalition's school readiness programs |
1124 | plan. |
1125 | 8. Two or more early learning coalitions counties may join |
1126 | for purposes of planning and implementing a school readiness |
1127 | program. |
1128 | 9. An early learning coalition may, subject to approval by |
1129 | The Agency for Workforce Innovation as part of the coalition's |
1130 | school readiness plan, receive subsidized child care funds for |
1131 | all children eligible for any federal subsidized child care |
1132 | program. |
1133 | 10. An early learning coalition may enter into multiparty |
1134 | contracts with multicounty service providers in order to meet |
1135 | the needs of unique populations such as migrant workers. |
1136 | (e) Requests for proposals; payment schedule.- |
1137 | 1. Each early learning coalition must comply with the |
1138 | procurement and expenditure procedures adopted by the Agency for |
1139 | Workforce Innovation, including, but not limited to, applying |
1140 | the procurement and expenditure procedures required by federal |
1141 | law for the expenditure of federal funds s. 287.057 for the |
1142 | procurement of commodities or contractual services from the |
1143 | funds described in paragraph (9)(d). The period of a contract |
1144 | for purchase of these commodities or contractual services, |
1145 | together with any renewal of the original contract, may not |
1146 | exceed 3 years. |
1147 | 2. Each early learning coalition shall adopt a payment |
1148 | schedule that encompasses all programs funded by the coalition |
1149 | under this section. The payment schedule must take into |
1150 | consideration the prevailing relevant market rate, must include |
1151 | the projected number of children to be served, and must be |
1152 | submitted for approval by the Agency for Workforce Innovation. |
1153 | Informal child care arrangements shall be reimbursed at not more |
1154 | than 50 percent of the rate adopted developed for a family day |
1155 | care home. |
1156 | (f) Requirements relating to fiscal agents.-If an early |
1157 | learning coalition is not legally organized as a corporation or |
1158 | other business entity, the coalition must designate a fiscal |
1159 | agent, which may be a public entity, a private nonprofit |
1160 | organization, or a certified public accountant who holds a |
1161 | license under chapter 473. The fiscal agent must provide |
1162 | financial and administrative services under a contract with the |
1163 | early learning coalition. The fiscal agent may not provide |
1164 | direct early childhood education or child care services; |
1165 | however, a fiscal agent may provide those services upon written |
1166 | request of the early learning coalition to the Agency for |
1167 | Workforce Innovation and upon the approval of the request by the |
1168 | agency. The cost of the financial and administrative services |
1169 | shall be negotiated between the fiscal agent and the early |
1170 | learning coalition. If the fiscal agent is a provider of early |
1171 | childhood education and child care programs, the contract must |
1172 | specify that the fiscal agent shall act on policy direction from |
1173 | the early learning coalition and must not receive policy |
1174 | direction from its own corporate board regarding disbursal of |
1175 | the coalition's funds. The fiscal agent shall disburse funds in |
1176 | accordance with the early learning coalition's approved school |
1177 | readiness plan and based on billing and disbursement procedures |
1178 | approved by the Agency for Workforce Innovation. The fiscal |
1179 | agent must conform to all data-reporting requirements |
1180 | established by the Agency for Workforce Innovation. |
1181 | (f)(g) Evaluation and annual report.-Each early learning |
1182 | coalition shall conduct an evaluation of its implementation the |
1183 | effectiveness of the school readiness program, including system |
1184 | support services, performance standards, and outcome measures, |
1185 | and shall provide an annual report and fiscal statement to the |
1186 | Agency for Workforce Innovation. This report must also include |
1187 | an evaluation of the effectiveness of its direct enhancement |
1188 | services and conform to the content and format specifications |
1189 | adopted set by the Agency for Workforce Innovation. The Agency |
1190 | for Workforce Innovation must include an analysis of the early |
1191 | learning coalitions' reports in the agency's annual report. |
1192 | (6) PROGRAM ELIGIBILITY.-The Each early learning |
1193 | coalition's school readiness program is shall be established for |
1194 | children from birth to the beginning of the school year for |
1195 | which a child is eligible for admission to kindergarten in a |
1196 | public school under s. 1003.21(1)(a)2. or who are eligible for |
1197 | any federal subsidized child care program. Each early learning |
1198 | coalition shall give priority for participation in the school |
1199 | readiness program as follows: |
1200 | (a) Priority shall be given first to a child from a family |
1201 | in which there is an adult receiving temporary cash assistance |
1202 | who is subject to federal work requirements. |
1203 | (b) Priority shall be given next to a child who is |
1204 | eligible for a school readiness program but who has not yet |
1205 | entered children age 3 years to school, entry who is are served |
1206 | by the Family Safety Program Office of the Department of |
1207 | Children and Family Services or a community-based lead agency |
1208 | under chapter 39 or chapter 409, and for whom child care is |
1209 | needed to minimize risk of further abuse, neglect, or |
1210 | abandonment. |
1211 | (c) Subsequent priority shall be given to a child Other |
1212 | eligible populations include children who meets meet one or more |
1213 | of the following criteria: |
1214 | 1.(a) A child who is younger than Children under the age |
1215 | of kindergarten eligibility and who are: |
1216 | 1. Children determined to be at risk of abuse, neglect, or |
1217 | exploitation who are currently clients of the Family Safety |
1218 | Program Office of the Department of Children and Family |
1219 | Services, but who are not otherwise given priority under this |
1220 | subsection. |
1221 | a.2. Is Children at risk of welfare dependency, including |
1222 | an economically disadvantaged child children, a child children |
1223 | of a participant participants in the welfare transition program, |
1224 | a child of a migratory agricultural worker children of migrant |
1225 | farmworkers, or a child and children of a teen parent parents. |
1226 | b.3. Is a member Children of a working family that is |
1227 | economically disadvantaged families whose family income does not |
1228 | exceed 150 percent of the federal poverty level. |
1229 | c.4. Children For whom financial assistance is provided |
1230 | through the state is paying a Relative Caregiver Program payment |
1231 | under s. 39.5085. |
1232 | 2.(b) A 3-year-old child or Three-year-old children and 4- |
1233 | year-old child children who may |
1234 | disadvantaged but who has a disability; has have disabilities, |
1235 | have been served in a specific part-time exceptional education |
1236 | program or a combination of part-time exceptional education |
1237 | programs with required special services, aids, or equipment;, |
1238 | and was were previously reported for funding part time under |
1239 | with the Florida Education Finance Program as an exceptional |
1240 | student students. |
1241 | 3.(c) An economically disadvantaged child children, a |
1242 | child children with a disability disabilities, or a child and |
1243 | children at risk of future school failure, from birth to 4 years |
1244 | of age, who is are served at home through a home visitor program |
1245 | programs and an intensive parent education program programs. |
1246 | 4.(d) A child Children who meets meet federal and state |
1247 | eligibility requirements for the migrant preschool program but |
1248 | who is do not meet the criteria of economically disadvantaged. |
1249 |
|
1250 | As used in this paragraph subsection, the term "economically |
1251 | disadvantaged" child means having a child whose family income |
1252 | that does not exceed 150 percent of the federal poverty level. |
1253 | Notwithstanding any change in a family's economic status, but |
1254 | subject to additional family contributions in accordance with |
1255 | the sliding fee scale, a child who meets the eligibility |
1256 | requirements upon initial registration for the program remains |
1257 | eligible until the beginning of the school year for which the |
1258 | child is eligible for admission to kindergarten in a public |
1259 | school under s. 1003.21(1)(a)2. |
1260 | (7) PARENTAL CHOICE.- |
1261 | (a) As used in this subsection, the term "payment |
1262 | certificate" means a child care certificate as defined in 45 |
1263 | C.F.R. s. 98.2. |
1264 | (b) The school readiness program shall, in accordance with |
1265 | 45 C.F.R. s. 98.30, provide parental choice through a payment |
1266 | certificate purchase service order that ensures, to the maximum |
1267 | extent possible, flexibility in the school readiness program |
1268 | programs and payment arrangements. According to federal |
1269 | regulations requiring parental choice, a parent may choose an |
1270 | informal child care arrangement. The payment certificate |
1271 | purchase order must bear the names name of the beneficiary and |
1272 | the program provider and, when redeemed, must bear the |
1273 | signatures signature of both the beneficiary and an authorized |
1274 | representative of the provider. |
1275 | (c)(b) If it is determined that a provider has given |
1276 | provided any cash to the beneficiary in return for receiving a |
1277 | payment certificate the purchase order, the early learning |
1278 | coalition or its fiscal agent shall refer the matter to the |
1279 | Division of Public Assistance Fraud for investigation. |
1280 | (d)(c) The office of the Chief Financial Officer shall |
1281 | establish an electronic transfer system for the disbursement of |
1282 | funds in accordance with this subsection. Each early learning |
1283 | coalition shall fully implement the electronic funds transfer |
1284 | system within 2 years after approval of the coalition's school |
1285 | readiness plan, unless a waiver is obtained from the Agency for |
1286 | Workforce Innovation. |
1287 | (8) STANDARDS; OUTCOME MEASURES.-A program provider |
1288 | participating in the All school readiness program programs must |
1289 | meet the performance standards and outcome measures adopted by |
1290 | the Agency for Workforce Innovation. |
1291 | (9) FUNDING; SCHOOL READINESS PROGRAM.- |
1292 | (a) It is the intent of this section to establish an |
1293 | integrated and quality seamless service delivery system for all |
1294 | publicly funded early childhood education and child care |
1295 | programs operating in this state. |
1296 | (b)1. The Agency for Workforce Innovation shall administer |
1297 | school readiness funds, plans, and policies and shall prepare |
1298 | and submit a unified budget request for the school readiness |
1299 | system in accordance with chapter 216. |
1300 | 2. All instructions to early learning coalitions for |
1301 | administering this section shall emanate from the Agency for |
1302 | Workforce Innovation in accordance with the policies of the |
1303 | Legislature. |
1304 | (c) The Agency for Workforce Innovation, subject to |
1305 | legislative notice and review under s. 216.177, shall establish |
1306 | recommend a formula for the allocation among the early learning |
1307 | coalitions of all state and federal school readiness funds |
1308 | provided for children participating in the public or private |
1309 | school readiness program, whether served by a public or private |
1310 | provider, programs based upon equity for each county and |
1311 | performance. The allocation formula must be submitted to the |
1312 | Governor, the chair of the Senate Ways and Means Committee or |
1313 | its successor, and the chair of the House of Representatives |
1314 | Fiscal Council or its successor no later than January 1 of each |
1315 | year. If the Legislature specifies shall specify in the annual |
1316 | General Appropriations Act any changes to from the allocation |
1317 | formula, methodology for the prior fiscal year which must be |
1318 | used by the Agency for Workforce Innovation shall allocate funds |
1319 | as specified in allocating the appropriations provided in the |
1320 | General Appropriations Act. |
1321 | (d) All state, federal, and required local maintenance-of- |
1322 | effort, or matching funds provided to an early learning |
1323 | coalition for purposes of this section shall be used by the |
1324 | coalition for implementation of its approved school readiness |
1325 | plan, including the hiring of staff to effectively operate the |
1326 | coalition's school readiness program. As part of plan approval |
1327 | and periodic plan review, The Agency for Workforce Innovation |
1328 | shall require that administrative costs be kept to the minimum |
1329 | necessary for efficient and effective administration of the |
1330 | school readiness plan, but total administrative expenditures |
1331 | must not exceed 5 percent unless specifically waived by the |
1332 | Agency for Workforce Innovation. The Agency for Workforce |
1333 | Innovation shall annually report to the Legislature any problems |
1334 | relating to administrative costs. |
1335 | (e) The Agency for Workforce Innovation shall annually |
1336 | distribute, to a maximum extent practicable, all eligible funds |
1337 | provided under this section as block grants to the early |
1338 | learning coalitions in accordance with the terms and conditions |
1339 | specified by the agency. |
1340 | (f) State funds appropriated for the school readiness |
1341 | program may not be used for the construction of new facilities |
1342 | or the purchase of buses. The Agency for Workforce Innovation |
1343 | shall present to the Legislature recommendations for providing |
1344 | necessary transportation services for school readiness programs. |
1345 | (g) All cost savings and all revenues received through a |
1346 | mandatory sliding fee scale shall be used to help fund each |
1347 | early learning coalition's school readiness program. |
1348 | (10) CONFLICTING PROVISIONS.-If In the event of a conflict |
1349 | exists between this section and federal requirements, the |
1350 | federal requirements shall control. |
1351 | (11) PLACEMENTS.-Notwithstanding any other provision of |
1352 | this section to the contrary, the first children to be placed in |
1353 | the school readiness program shall be those from families |
1354 | receiving temporary cash assistance and subject to federal work |
1355 | requirements. Subsequent placements shall be made in accordance |
1356 | with subsection (6). |
1357 | Section 17. Section 411.0101, Florida Statutes, is amended |
1358 | to read: |
1359 | 411.0101 Child care and early childhood resource and |
1360 | referral.- |
1361 | (1) As a part of the school readiness programs, the Agency |
1362 | for Workforce Innovation shall establish a statewide child care |
1363 | resource and referral network that is unbiased and provides |
1364 | referrals to families for child care. Preference shall be given |
1365 | to using the already established early learning coalitions as |
1366 | the child care resource and referral agencies agency. If an |
1367 | early learning coalition cannot comply with the requirements to |
1368 | offer the resource information component or does not want to |
1369 | offer that service, the early learning coalition shall select |
1370 | the resource and referral information agency for its county or |
1371 | multicounty region based upon a request for proposal pursuant to |
1372 | s. 411.01(5)(e)1. |
1373 | (2) At least one child care resource and referral agency |
1374 | must be established in each early learning coalition's county or |
1375 | multicounty region. The Agency for Workforce Innovation shall |
1376 | adopt rules regarding accessibility of child care resource and |
1377 | referral services offered through child care resource and |
1378 | referral agencies in each county or multicounty region which |
1379 | include, at a minimum, required hours of operation, methods by |
1380 | which parents may request services, and child care resource and |
1381 | referral staff training requirements. |
1382 | (3) Child care resource and referral agencies shall |
1383 | provide the following services: |
1384 | (a)(1) Identification of existing public and private child |
1385 | care and early childhood education services, including child |
1386 | care services by public and private employers, and the |
1387 | development of a resource file of those services through the |
1388 | single statewide information system developed by the Agency for |
1389 | Workforce Innovation under s. 411.01(5)(c)1.e. These services |
1390 | may include family day care, public and private child care |
1391 | programs, the Voluntary Prekindergarten Education Program, Head |
1392 | Start, the school readiness program prekindergarten early |
1393 | intervention programs, special education programs for |
1394 | prekindergarten handicapped children who have disabilities, |
1395 | services for children with developmental disabilities, full-time |
1396 | and part-time programs, before-school and after-school programs, |
1397 | vacation care programs, parent education, the WAGES Program, and |
1398 | related family support services. The resource file shall |
1399 | include, but not be limited to: |
1400 | 1.(a) Type of program. |
1401 | 2.(b) Hours of service. |
1402 | 3.(c) Ages of children served. |
1403 | 4.(d) Number of children served. |
1404 | 5.(e) Significant program information. |
1405 | 6.(f) Fees and eligibility for services. |
1406 | 7.(g) Availability of transportation. |
1407 | (b)(2) The establishment of a referral process that which |
1408 | responds to parental need for information and that which is |
1409 | provided with full recognition of the confidentiality rights of |
1410 | parents. The resource and referral network programs shall make |
1411 | referrals to legally operating licensed child care facilities. |
1412 | Referrals may not shall be made to a an unlicensed child care |
1413 | facility that is operating illegally or arrangement only if |
1414 | there is no requirement that the facility or arrangement be |
1415 | licensed. |
1416 | (c)(3) Maintenance of ongoing documentation of requests |
1417 | for service tabulated through the internal referral process |
1418 | through the single statewide information system. The following |
1419 | documentation of requests for service shall be maintained by the |
1420 | all child care resource and referral network agencies: |
1421 | 1.(a) Number of calls and contacts to the child care |
1422 | resource information and referral network agency component by |
1423 | type of service requested. |
1424 | 2.(b) Ages of children for whom service was requested. |
1425 | 3.(c) Time category of child care requests for each child. |
1426 | 4.(d) Special time category, such as nights, weekends, and |
1427 | swing shift. |
1428 | 5.(e) Reason that the child care is needed. |
1429 | 6.(f) Name of the employer and primary focus of the |
1430 | business. |
1431 | (d)(4) Provision of technical assistance to existing and |
1432 | potential providers of child care services. This assistance may |
1433 | include: |
1434 | 1.(a) Information on initiating new child care services, |
1435 | zoning, and program and budget development and assistance in |
1436 | finding such information from other sources. |
1437 | 2.(b) Information and resources which help existing child |
1438 | care services providers to maximize their ability to serve |
1439 | children and parents in their community. |
1440 | 3.(c) Information and incentives that may which could help |
1441 | existing or planned child care services offered by public or |
1442 | private employers seeking to maximize their ability to serve the |
1443 | children of their working parent employees in their community, |
1444 | through contractual or other funding arrangements with |
1445 | businesses. |
1446 | (e)(5) Assistance to families and employers in applying |
1447 | for various sources of subsidy including, but not limited to, |
1448 | the Voluntary Prekindergarten Education Program, the school |
1449 | readiness program subsidized child care, Head Start, |
1450 | prekindergarten early intervention programs, Project |
1451 | Independence, private scholarships, and the federal child and |
1452 | dependent care tax credit. |
1453 | (6) Assistance to state agencies in determining the market |
1454 | rate for child care. |
1455 | (f)(7) Assistance in negotiating discounts or other |
1456 | special arrangements with child care providers. |
1457 | (8) Information and assistance to local interagency |
1458 | councils coordinating services for prekindergarten handicapped |
1459 | children. |
1460 | (g)(9) Assistance to families in identifying summer |
1461 | recreation camp and summer day camp programs, and in evaluating |
1462 | the health and safety qualities of summer recreation camp and |
1463 | summer day camp programs, and in evaluating the health and |
1464 | safety qualities of summer camp programs. Contingent upon |
1465 | specific appropriation, a checklist of important health and |
1466 | safety qualities that parents can use to choose their summer |
1467 | camp programs shall be developed and distributed in a manner |
1468 | that will reach parents interested in such programs for their |
1469 | children. |
1470 | (h)(10) A child care facility licensed under s. 402.305 |
1471 | and licensed and registered family day care homes must provide |
1472 | the statewide child care and resource and referral network |
1473 | agencies with the following information annually: |
1474 | 1.(a) Type of program. |
1475 | 2.(b) Hours of service. |
1476 | 3.(c) Ages of children served. |
1477 | 4.(d) Fees and eligibility for services. |
1478 | (4)(11) The Agency for Workforce Innovation shall adopt |
1479 | any rules necessary for the implementation and administration of |
1480 | this section. |
1481 | Section 18. Subsection (3), paragraph (b) of subsection |
1482 | (4), and paragraphs (c) and (d) of subsection (5) of section |
1483 | 411.0102, Florida Statutes, are amended to read: |
1484 | 411.0102 Child Care Executive Partnership Act; findings |
1485 | and intent; grant; limitation; rules.- |
1486 | (3) There is created a body politic and corporate known as |
1487 | the Child Care Executive Partnership which shall establish and |
1488 | govern the Child Care Executive Partnership Program. The purpose |
1489 | of the Child Care Executive Partnership Program is to utilize |
1490 | state and federal funds as incentives for matching local funds |
1491 | derived from local governments, employers, charitable |
1492 | foundations, and other sources, so that Florida communities may |
1493 | create local flexible partnerships with employers. The Child |
1494 | Care Executive Partnership Program funds shall be used at the |
1495 | discretion of local communities to meet the needs of working |
1496 | parents. A child care purchasing pool shall be developed with |
1497 | the state, federal, and local funds to provide subsidies to low- |
1498 | income working parents whose family income does not exceed the |
1499 | allowable income for any federally subsidized child care program |
1500 | who are eligible for subsidized child care with a dollar-for- |
1501 | dollar match from employers, local government, and other |
1502 | matching contributions. The funds used from the child care |
1503 | purchasing pool must be used to supplement or extend the use of |
1504 | existing public or private funds. |
1505 | (4) The Child Care Executive Partnership, staffed by the |
1506 | Agency for Workforce Innovation, shall consist of a |
1507 | representative of the Executive Office of the Governor and nine |
1508 | members of the corporate or child care community, appointed by |
1509 | the Governor. |
1510 | (b) The Child Care Executive Partnership shall be chaired |
1511 | by a member chosen by a majority vote and shall meet at least |
1512 | quarterly and at other times upon the call of the chair. The |
1513 | Child Care Executive Partnership may use any method of |
1514 | telecommunications to conduct meetings, including establishing a |
1515 | quorum through telecommunications, only if the public is given |
1516 | proper notice of a telecommunications meeting and reasonable |
1517 | access to observe and, when appropriate, participate. |
1518 | (5) |
1519 | (c) The Agency for Workforce Innovation, in conjunction |
1520 | with the Child Care Executive Partnership, shall develop |
1521 | procedures for disbursement of funds through the child care |
1522 | purchasing pools. In order to be considered for funding, an |
1523 | early learning coalition or the Agency for Workforce Innovation |
1524 | must commit to: |
1525 | 1. Matching the state purchasing pool funds on a dollar- |
1526 | for-dollar basis; and |
1527 | 2. Expending only those public funds which are matched by |
1528 | employers, local government, and other matching contributors who |
1529 | contribute to the purchasing pool. Parents shall also pay a fee, |
1530 | which may not shall be not less than the amount identified in |
1531 | the early learning coalition's school readiness program |
1532 | subsidized child care sliding fee scale. |
1533 | (d) Each early learning coalition board shall be required |
1534 | to establish a community child care task force for each child |
1535 | care purchasing pool. The task force must be composed of |
1536 | employers, parents, private child care providers, and one |
1537 | representative from the local children's services council, if |
1538 | one exists in the area of the purchasing pool. The early |
1539 | learning coalition is expected to recruit the task force members |
1540 | from existing child care councils, commissions, or task forces |
1541 | already operating in the area of a purchasing pool. A majority |
1542 | of the task force shall consist of employers. Each task force |
1543 | shall develop a plan for the use of child care purchasing pool |
1544 | funds. The plan must show how many children will be served by |
1545 | the purchasing pool, how many will be new to receiving child |
1546 | care services, and how the early learning coalition intends to |
1547 | attract new employers and their employees to the program. |
1548 | Section 19. Paragraph (b) of subsection (8) of section |
1549 | 411.203, Florida Statutes, is amended to read: |
1550 | 411.203 Continuum of comprehensive services.-The |
1551 | Department of Education and the Department of Health and |
1552 | Rehabilitative Services shall utilize the continuum of |
1553 | prevention and early assistance services for high-risk pregnant |
1554 | women and for high-risk and handicapped children and their |
1555 | families, as outlined in this section, as a basis for the |
1556 | intraagency and interagency program coordination, monitoring, |
1557 | and analysis required in this chapter. The continuum shall be |
1558 | the guide for the comprehensive statewide approach for services |
1559 | for high-risk pregnant women and for high-risk and handicapped |
1560 | children and their families, and may be expanded or reduced as |
1561 | necessary for the enhancement of those services. Expansion or |
1562 | reduction of the continuum shall be determined by intraagency or |
1563 | interagency findings and agreement, whichever is applicable. |
1564 | Implementation of the continuum shall be based upon applicable |
1565 | eligibility criteria, availability of resources, and interagency |
1566 | prioritization when programs impact both agencies, or upon |
1567 | single agency prioritization when programs impact only one |
1568 | agency. The continuum shall include, but not be limited to: |
1569 | (8) SUPPORT SERVICES FOR ALL EXPECTANT PARENTS AND PARENTS |
1570 | OF HIGH-RISK CHILDREN.- |
1571 | (b) Child care and early childhood programs, including, |
1572 | but not limited to, subsidized child care, licensed |
1573 | nonsubsidized child care facilities, family day care homes, |
1574 | therapeutic child care, Head Start, and preschool programs in |
1575 | public and private schools. |
1576 | Section 20. Subsection (2) of section 411.221, Florida |
1577 | Statutes, is amended to read: |
1578 | 411.221 Prevention and early assistance strategic plan; |
1579 | agency responsibilities.- |
1580 | (2) The strategic plan and subsequent plan revisions shall |
1581 | incorporate and otherwise utilize, to the fullest extent |
1582 | possible, the evaluation findings and recommendations from |
1583 | intraagency, independent third-party, field projects, and |
1584 | reports issued by the Auditor General or the Office of Program |
1585 | Policy Analysis and Government Accountability, as well as the |
1586 | recommendations of the Agency for Workforce Innovation State |
1587 | Coordinating Council for School Readiness Programs. |
1588 | Section 21. Paragraph (c) of subsection (4) of section |
1589 | 445.024, Florida Statutes, is amended to read: |
1590 | 445.024 Work requirements.- |
1591 | (4) PRIORITIZATION OF WORK REQUIREMENTS.-Regional |
1592 | workforce boards shall require participation in work activities |
1593 | to the maximum extent possible, subject to federal and state |
1594 | funding. If funds are projected to be insufficient to allow |
1595 | full-time work activities by all program participants who are |
1596 | required to participate in work activities, regional workforce |
1597 | boards shall screen participants and assign priority based on |
1598 | the following: |
1599 | (c) A participant who has access to subsidized or |
1600 | unsubsidized child care services may be assigned priority for |
1601 | work activities. |
1602 |
|
1603 | Regional workforce boards may limit a participant's weekly work |
1604 | requirement to the minimum required to meet federal work |
1605 | activity requirements. Regional workforce boards may develop |
1606 | screening and prioritization procedures based on the allocation |
1607 | of resources, the availability of community resources, the |
1608 | provision of supportive services, or the work activity needs of |
1609 | the service area. |
1610 | Section 22. Subsection (2) of section 445.030, Florida |
1611 | Statutes, is amended to read: |
1612 | 445.030 Transitional education and training.-In order to |
1613 | assist former recipients of temporary cash assistance who are |
1614 | working or actively seeking employment in continuing their |
1615 | training and upgrading their skills, education, or training, |
1616 | support services may be provided for up to 2 years after the |
1617 | family is no longer receiving temporary cash assistance. This |
1618 | section does not constitute an entitlement to transitional |
1619 | education and training. If funds are not sufficient to provide |
1620 | services under this section, the board of directors of Workforce |
1621 | Florida, Inc., may limit or otherwise prioritize transitional |
1622 | education and training. |
1623 | (2) Regional workforce boards may authorize child care or |
1624 | other support services in addition to services provided in |
1625 | conjunction with employment. For example, a participant who is |
1626 | employed full time may receive subsidized child care services |
1627 | related to that employment and may also receive additional |
1628 | subsidized child care services in conjunction with training to |
1629 | upgrade the participant's skills. |
1630 | Section 23. Paragraph (a) of subsection (2) of section |
1631 | 490.014, Florida Statutes, is amended to read: |
1632 | 490.014 Exemptions.- |
1633 | (2) No person shall be required to be licensed or |
1634 | provisionally licensed under this chapter who: |
1635 | (a) Is a salaried employee of a government agency; a |
1636 | developmental disability facility or program; a, mental health, |
1637 | alcohol, or drug abuse facility operating under chapter 393, |
1638 | chapter 394, or chapter 397; the statewide subsidized child care |
1639 | program, subsidized child care case management program, or child |
1640 | care resource and referral network program operating under s. |
1641 | 411.0101 pursuant to chapter 402; a child-placing or child- |
1642 | caring agency licensed pursuant to chapter 409; a domestic |
1643 | violence center certified pursuant to chapter 39; an accredited |
1644 | academic institution; or a research institution, if such |
1645 | employee is performing duties for which he or she was trained |
1646 | and hired solely within the confines of such agency, facility, |
1647 | or institution, so long as the employee is not held out to the |
1648 | public as a psychologist pursuant to s. 490.012(1)(a). |
1649 | Section 24. Paragraph (a) of subsection (4) of section |
1650 | 491.014, Florida Statutes, is amended to read: |
1651 | 491.014 Exemptions.- |
1652 | (4) No person shall be required to be licensed, |
1653 | provisionally licensed, registered, or certified under this |
1654 | chapter who: |
1655 | (a) Is a salaried employee of a government agency; a |
1656 | developmental disability facility or program; a, mental health, |
1657 | alcohol, or drug abuse facility operating under chapter 393, |
1658 | chapter 394, or chapter 397; the statewide subsidized child care |
1659 | program, subsidized child care case management program, or child |
1660 | care resource and referral network program operating under s. |
1661 | 411.0101 pursuant to chapter 402; a child-placing or child- |
1662 | caring agency licensed pursuant to chapter 409; a domestic |
1663 | violence center certified pursuant to chapter 39; an accredited |
1664 | academic institution; or a research institution, if such |
1665 | employee is performing duties for which he or she was trained |
1666 | and hired solely within the confines of such agency, facility, |
1667 | or institution, so long as the employee is not held out to the |
1668 | public as a clinical social worker, mental health counselor, or |
1669 | marriage and family therapist. |
1670 | Section 25. Subsection (5) of section 1002.53, Florida |
1671 | Statutes, is amended to read: |
1672 | 1002.53 Voluntary Prekindergarten Education Program; |
1673 | eligibility and enrollment.- |
1674 | (5) The early learning coalition shall provide each parent |
1675 | enrolling a child in the Voluntary Prekindergarten Education |
1676 | Program with a profile of every private prekindergarten provider |
1677 | and public school delivering the program within the coalition's |
1678 | county where the child is being enrolled or multicounty region. |
1679 | The profiles shall be provided to parents in a format prescribed |
1680 | by the Agency for Workforce Innovation. The profiles must |
1681 | include, at a minimum, the following information about each |
1682 | provider and school: |
1683 | (a) The provider's or school's services, curriculum, |
1684 | instructor credentials, and instructor-to-student ratio; and |
1685 | (b) The provider's or school's kindergarten readiness rate |
1686 | calculated in accordance with s. 1002.69, based upon the most |
1687 | recent available results of the statewide kindergarten |
1688 | screening. |
1689 | Section 26. Paragraph (b) of subsection (3) of section |
1690 | 1002.55, Florida Statutes, is amended, and subsection (5) is |
1691 | added to that section, to read: |
1692 | 1002.55 School-year prekindergarten program delivered by |
1693 | private prekindergarten providers.- |
1694 | (3) To be eligible to deliver the prekindergarten program, |
1695 | a private prekindergarten provider must meet each of the |
1696 | following requirements: |
1697 | (b) The private prekindergarten provider must: |
1698 | 1. Be accredited by an accrediting association that is a |
1699 | member of the National Council for Private School Accreditation, |
1700 | Advance Education, Inc. (AdvancED) the Commission on |
1701 | International and Trans-Regional Accreditation, or the Florida |
1702 | Association of Academic Nonpublic Schools and have written |
1703 | accreditation standards that meet or exceed the state's |
1704 | licensing requirements under s. 402.305, s. 402.313, or s. |
1705 | 402.3131 and require at least one onsite visit to the provider |
1706 | or school before accreditation is granted; |
1707 | 2. Hold a current Gold Seal Quality Care designation under |
1708 | s. 402.281; or |
1709 | 3. Be licensed under s. 402.305, s. 402.313, or s. |
1710 | 402.3131 and demonstrate, before delivering the Voluntary |
1711 | Prekindergarten Education Program, as verified by the early |
1712 | learning coalition, that the provider meets each of the |
1713 | requirements of the program under this part, including, but not |
1714 | limited to, the requirements for credentials and background |
1715 | screenings of prekindergarten instructors under paragraphs (c) |
1716 | and (d), minimum and maximum class sizes under paragraph (f), |
1717 | prekindergarten director credentials under paragraph (g), and a |
1718 | developmentally appropriate curriculum under s. 1002.67(2)(b). |
1719 | (5) Notwithstanding paragraph (3)(b), a private |
1720 | prekindergarten provider may not participate in the Voluntary |
1721 | Prekindergarten Education Program if the provider has child |
1722 | disciplinary policies that do not prohibit children from being |
1723 | subjected to discipline that is severe, humiliating, |
1724 | frightening, or associated with food, rest, toileting, spanking, |
1725 | or any other form of physical punishment as provided in s. |
1726 | 402.305(12). |
1727 | Section 27. Paragraph (c) of subsection (3) of section |
1728 | 1002.67, Florida Statutes, is amended to read: |
1729 | 1002.67 Performance standards; curricula and |
1730 | accountability.- |
1731 | (3) |
1732 | (c)1. If the kindergarten readiness rate of a private |
1733 | prekindergarten provider or public school falls below the |
1734 | minimum rate adopted by the State Board of Education as |
1735 | satisfactory under s. 1002.69(6), the early learning coalition |
1736 | or school district, as applicable, shall require the provider or |
1737 | school to submit an improvement plan for approval by the |
1738 | coalition or school district, as applicable, and to implement |
1739 | the plan. |
1740 | 2. If a private prekindergarten provider or public school |
1741 | fails to meet the minimum rate adopted by the State Board of |
1742 | Education as satisfactory under s. 1002.69(6) for 2 consecutive |
1743 | years, the early learning coalition or school district, as |
1744 | applicable, shall place the provider or school on probation and |
1745 | must require the provider or school to take certain corrective |
1746 | actions, including the use of a curriculum approved by the |
1747 | department under paragraph (2)(c). |
1748 | 3. A private prekindergarten provider or public school |
1749 | that is placed on probation must continue the corrective actions |
1750 | required under subparagraph 2., including the use of a |
1751 | curriculum approved by the department, until the provider or |
1752 | school meets the minimum rate adopted by the State Board of |
1753 | Education as satisfactory under s. 1002.69(6). |
1754 | 4. If a private prekindergarten provider or public school |
1755 | remains on probation for 2 consecutive years and fails to meet |
1756 | the minimum rate adopted by the State Board of Education as |
1757 | satisfactory under s. 1002.69(6), the Agency for Workforce |
1758 | Innovation shall require the early learning coalition or the |
1759 | Department of Education shall require the school district, as |
1760 | applicable, to remove, as applicable, the provider or school |
1761 | from eligibility to deliver the Voluntary Prekindergarten |
1762 | Education Program and receive state funds for the program. |
1763 | Section 28. Paragraph (b) of subsection (6) of section |
1764 | 1002.71, Florida Statutes, is amended to read: |
1765 | 1002.71 Funding; financial and attendance reporting.- |
1766 | (6) |
1767 | (b)1. Each private prekindergarten provider's and district |
1768 | school board's attendance policy must require the parent of each |
1769 | student in the Voluntary Prekindergarten Education Program to |
1770 | verify, each month, the student's attendance on the prior |
1771 | month's certified student attendance. |
1772 | 2. The parent must submit the verification of the |
1773 | student's attendance to the private prekindergarten provider or |
1774 | public school on forms prescribed by the Agency for Workforce |
1775 | Innovation. The forms must include, in addition to the |
1776 | verification of the student's attendance, a certification, in |
1777 | substantially the following form, that the parent continues to |
1778 | choose the private prekindergarten provider or public school in |
1779 | accordance with s. 1002.53 and directs that payments for the |
1780 | program be made to the provider or school: |
1781 |
|
1782 | VERIFICATION OF STUDENT'S ATTENDANCE |
1783 | AND CERTIFICATION OF PARENTAL CHOICE |
1784 |
|
1785 | I, ...(Name of Parent)..., swear (or affirm) that my |
1786 | child,...(Name of Student)..., attended the Voluntary |
1787 | Prekindergarten Education Program on the days listed above and |
1788 | certify that I continue to choose ...(Name of Provider or |
1789 | School)... to deliver the program for my child and direct that |
1790 | program funds be paid to the provider or school for my child. |
1791 |
|
1792 | ...(Signature of Parent)... |
1793 | ...(Date)... |
1794 |
|
1795 | 3. The private prekindergarten provider or public school |
1796 | must keep each original signed form for at least 2 years. Each |
1797 | private prekindergarten provider must permit the early learning |
1798 | coalition, and each public school must permit the school |
1799 | district, to inspect the original signed forms during normal |
1800 | business hours. The Agency for Workforce Innovation shall adopt |
1801 | procedures for early learning coalitions and school districts to |
1802 | review the original signed forms against the certified student |
1803 | attendance. The review procedures shall provide for the use of |
1804 | selective inspection techniques, including, but not limited to, |
1805 | random sampling. Each early learning coalition and the school |
1806 | districts district must comply with the review procedures. |
1807 | Section 29. Paragraph (b) of subsection (4) of section |
1808 | 1009.64, Florida Statutes, is amended to read: |
1809 | 1009.64 Certified Education Paraprofessional Welfare |
1810 | Transition Program.- |
1811 | (4) The agencies shall complete an implementation plan |
1812 | that addresses at least the following recommended components of |
1813 | the program: |
1814 | (b) A budget for use of incentive funding to provide |
1815 | motivation to participants to succeed and excel. The budget for |
1816 | incentive funding includes: |
1817 | 1. Funds allocated by the Legislature directly for the |
1818 | program. |
1819 | 2. Funds that may be made available from the federal |
1820 | Workforce Investment Act based on client eligibility or |
1821 | requested waivers to make the clients eligible. |
1822 | 3. Funds made available by implementation strategies that |
1823 | would make maximum use of work supplementation funds authorized |
1824 | by federal law. |
1825 | 4. Funds authorized by strategies to lengthen |
1826 | participants' eligibility for federal programs such as Medicaid, |
1827 | subsidized child care services, and transportation. |
1828 |
|
1829 | Incentives may include a stipend during periods of college |
1830 | classroom training, a bonus and recognition for a high grade- |
1831 | point average, child care and prekindergarten services for |
1832 | children of participants, and services to increase a |
1833 | participant's ability to advance to higher levels of employment. |
1834 | Nonfinancial incentives should include providing a mentor or |
1835 | tutor, and service incentives should continue and increase for |
1836 | any participant who plans to complete the baccalaureate degree |
1837 | and become a certified teacher. Services may be provided in |
1838 | accordance with family choice by community colleges and school |
1839 | district career centers, through family service centers and |
1840 | full-service schools, or under contract with providers through |
1841 | central agencies. |
1842 | Section 30. This act shall take effect July 1, 2010. |