HB 1571

1	A bill to be entitled
2	An act relating to early learning; amending s. 120.80,
3	F.S.; exempting early learning coalitions from the
4	Administrative Procedure Act; amending s. 411.01, F.S.;
5	revising requirements for establishing the minimum number
6	of children to be served by an early learning coalition to
7	increase the maximum number of coalitions; deleting
8	obsolete provisions relating to procedures for merging
9	early learning coalitions; revising the review period for
10	school readiness plans; authorizing school readiness
11	payment rates that create certain standards or levels of
12	services; limiting a prohibition that restricts early
13	learning coalitions from implementing revisions to school
14	readiness plans without approval by the Agency for
15	Workforce Innovation; exempting early learning coalitions
16	from chapter 287, F.S., relating to the procurement of
17	personal property and services; requiring early learning
18	coalitions to comply with certain federal requirements for
19	the expenditure of, and the procurement of property and
20	services from, certain school readiness funds; deleting a
21	provision prohibiting the term of services contracts from
22	exceeding a specified period; requiring early learning
23	coalitions to comply with certain federal requirements for
24	funding quality activities; amending s. 411.0101, F.S.;
25	requiring early learning coalitions to comply with certain
26	federal requirements for the selection of child care
27	resource information agencies; amending s. 1002.71, F.S.;
28	exempting early learning coalitions from chapter 287,
29	F.S.; requiring early learning coalitions to comply with
30	certain federal requirements for the expenditure of, and
31	the procurement of property and services from, certain
32	funds provided for the Voluntary Prekindergarten Education
33	Program; providing an effective date.
34
35	Be It Enacted by the Legislature of the State of Florida:
36
37	Section 1.  Paragraph (d) is added to subsection (10) of
38	section 120.80, Florida Statutes, to read:
39	120.80  Exceptions and special requirements; agencies.-
40	(10)  AGENCY FOR WORKFORCE INNOVATION.-
41	(d)  Notwithstanding s. 120.52(1), an early learning
42	coalition created under s. 411.01 is not an agency or part of an
43	agency for purposes of this chapter.
44	Section 2.  Paragraphs (a), (d), and (e) of subsection (5)
45	and paragraph (d) of subsection (9) of section 411.01, Florida
46	Statutes, are amended to read:
47	411.01  School readiness programs; early learning
48	coalitions.-
49	(5)  CREATION OF EARLY LEARNING COALITIONS.-
50	(a)  Early learning coalitions.-
51	1.  The Agency for Workforce Innovation shall establish the
52	minimum number of children to be served by each early learning
53	coalition through the coalition's school readiness program. The
54	Agency for Workforce Innovation may only approve school
55	readiness plans in accordance with this minimum number. The
56	minimum number must be uniform for every early learning
57	coalition and must:
58	a.  Permit 31 30 or fewer coalitions to be established; and
59	b.  Require each coalition to serve at least 2,000 children
60	based upon the average number of all children served per month
61	through the coalition's school readiness program during the
62	previous 12 months.
63
64	The Agency for Workforce Innovation shall adopt procedures for
65	merging early learning coalitions, including procedures for the
66	consolidation of merging coalitions, and for the early
67	termination of the terms of coalition members which are
68	necessary to accomplish the mergers. Each early learning
69	coalition must comply with the merger procedures and shall be
70	organized in accordance with this subparagraph by April 1, 2005.
71	By June 30, 2005, each coalition must complete the transfer of
72	powers, duties, functions, rules, records, personnel, property,
73	and unexpended balances of appropriations, allocations, and
74	other funds to the successor coalition, if applicable.
75	2.  If an early learning coalition would serve fewer
76	children than the minimum number established under subparagraph
77	1., the coalition must merge with another county to form a
78	multicounty coalition. However, the Agency for Workforce
79	Innovation may authorize an early learning coalition to serve
80	fewer children than the minimum number established under
81	subparagraph 1., if:
82	a.  The coalition demonstrates to the Agency for Workforce
83	Innovation that merging with another county or multicounty
84	region contiguous to the coalition would cause an extreme
85	hardship on the coalition;
86	b.  The Agency for Workforce Innovation has determined
87	during the most recent biennial annual review of the coalition's
88	school readiness plan, or through monitoring and performance
89	evaluations conducted under paragraph (4)(l), that the coalition
90	has substantially implemented its plan and substantially met the
91	performance standards and outcome measures adopted by the
92	agency; and
93	c.  The coalition demonstrates to the Agency for Workforce
94	Innovation the coalition's ability to effectively and
95	efficiently implement the Voluntary Prekindergarten Education
96	Program.
97
98	If an early learning coalition fails or refuses to merge as
99	required by this subparagraph, the Agency for Workforce
100	Innovation may dissolve the coalition and temporarily contract
101	with a qualified entity to continue school readiness and
102	prekindergarten services in the coalition's county or
103	multicounty region until the coalition is reestablished through
104	resubmission of a school readiness plan and approval by the
105	agency.
106	3.  Notwithstanding the provisions of subparagraphs 1. and
107	2., the early learning coalitions in Sarasota, Osceola, and
108	Santa Rosa Counties which were in operation on January 1, 2005,
109	are established and authorized to continue operation as
110	independent coalitions, and shall not be counted within the
111	limit of 31 30 coalitions established in subparagraph 1.
112	4.  Each early learning coalition shall be composed of at
113	least 18 members but not more than 35 members. The Agency for
114	Workforce Innovation shall adopt standards establishing within
115	this range the minimum and maximum number of members that may be
116	appointed to an early learning coalition. These standards must
117	include variations for a coalition serving a multicounty region.
118	Each early learning coalition must comply with these standards.
119	5.  The Governor shall appoint the chair and two other
120	members of each early learning coalition, who must each meet the
121	same qualifications as private sector business members appointed
122	by the coalition under subparagraph 7.
123	6.  Each early learning coalition must include the
124	following members:
125	a.  A Department of Children and Family Services district
126	administrator or his or her designee who is authorized to make
127	decisions on behalf of the department.
128	b.  A district superintendent of schools or his or her
129	designee who is authorized to make decisions on behalf of the
130	district, who shall be a nonvoting member.
131	c.  A regional workforce board executive director or his or
132	her designee.
133	d.  A county health department director or his or her
134	designee.
135	e.  A children's services council or juvenile welfare board
136	chair or executive director, if applicable, who shall be a
137	nonvoting member if the council or board is the fiscal agent of
138	the coalition or if the council or board contracts with and
139	receives funds from the coalition for any purpose other than
140	rent.
141	f.  An agency head of a local licensing agency as defined
142	in s. 402.302, where applicable.
143	g.  A president of a community college or his or her
144	designee.
145	h.  One member appointed by a board of county
146	commissioners.
147	i.  A central agency administrator, where applicable, who
148	shall be a nonvoting member.
149	j.  A Head Start director, who shall be a nonvoting member.
150	k.  A representative of private child care providers,
151	including family day care homes, who shall be a nonvoting
152	member.
153	l.  A representative of faith-based child care providers,
154	who shall be a nonvoting member.
155	m.  A representative of programs for children with
156	disabilities under the federal Individuals with Disabilities
157	Education Act, who shall be a nonvoting member.
158	7.  Including the members appointed by the Governor under
159	subparagraph 5., more than one-third of the members of each
160	early learning coalition must be private sector business members
161	who do not have, and none of whose relatives as defined in s.
162	112.3143 has, a substantial financial interest in the design or
163	delivery of the Voluntary Prekindergarten Education Program
164	created under part V of chapter 1002 or the coalition's school
165	readiness program. To meet this requirement an early learning
166	coalition must appoint additional members from a list of
167	nominees submitted to the coalition by a chamber of commerce or
168	economic development council within the geographic region served
169	by the coalition. The Agency for Workforce Innovation shall
170	establish criteria for appointing private sector business
171	members. These criteria must include standards for determining
172	whether a member or relative has a substantial financial
173	interest in the design or delivery of the Voluntary
174	Prekindergarten Education Program or the coalition's school
175	readiness program.
176	8.  A majority of the voting membership of an early
177	learning coalition constitutes a quorum required to conduct the
178	business of the coalition. An early learning coalition board may
179	use any method of telecommunications to conduct meetings,
180	including establishing a quorum through telecommunications,
181	provided that the public is given proper notice of a
182	telecommunications meeting and reasonable access to observe and,
183	when appropriate, participate.
184	9.  A voting member of an early learning coalition may not
185	appoint a designee to act in his or her place, except as
186	otherwise provided in this paragraph. A voting member may send a
187	representative to coalition meetings, but that representative
188	does not have voting privileges. When a district administrator
189	for the Department of Children and Family Services appoints a
190	designee to an early learning coalition, the designee is the
191	voting member of the coalition, and any individual attending in
192	the designee's place, including the district administrator, does
193	not have voting privileges.
194	10.  Each member of an early learning coalition is subject
195	to ss. 112.313, 112.3135, and 112.3143. For purposes of s.
196	112.3143(3)(a), each voting member is a local public officer who
197	must abstain from voting when a voting conflict exists.
198	11.  For purposes of tort liability, each member or
199	employee of an early learning coalition shall be governed by s.
200	768.28.
201	12.  An early learning coalition serving a multicounty
202	region must include representation from each county.
203	13.  Each early learning coalition shall establish terms
204	for all appointed members of the coalition. The terms must be
205	staggered and must be a uniform length that does not exceed 4
206	years per term. Appointed members may serve a maximum of two
207	consecutive terms. When a vacancy occurs in an appointed
208	position, the coalition must advertise the vacancy.
209	(d)  Implementation.-
210	1.  An early learning coalition may not implement the
211	school readiness program until the coalition is authorized
212	through approval of the coalition's school readiness plan by the
213	Agency for Workforce Innovation.
214	2.  Each early learning coalition shall develop a plan for
215	implementing the school readiness program to meet the
216	requirements of this section and the performance standards and
217	outcome measures adopted by the Agency for Workforce Innovation.
218	The plan must demonstrate how the program will ensure that each
219	3-year-old and 4-year-old child in a publicly funded school
220	readiness program receives scheduled activities and instruction
221	designed to enhance the age-appropriate progress of the children
222	in attaining the performance standards adopted by the Agency for
223	Workforce Innovation under subparagraph (4)(d)8. Before
224	implementing the school readiness program, the early learning
225	coalition must submit the plan to the Agency for Workforce
226	Innovation for approval. The Agency for Workforce Innovation may
227	approve the plan, reject the plan, or approve the plan with
228	conditions. The Agency for Workforce Innovation shall review
229	school readiness plans once every 2 years at least annually.
230	3.  If the Agency for Workforce Innovation determines
231	during the biennial annual review of school readiness plans, or
232	through monitoring and performance evaluations conducted under
233	paragraph (4)(l), that an early learning coalition has not
234	substantially implemented its plan, has not substantially met
235	the performance standards and outcome measures adopted by the
236	agency, or has not effectively administered the school readiness
237	program or Voluntary Prekindergarten Education Program, the
238	Agency for Workforce Innovation may dissolve the coalition and
239	temporarily contract with a qualified entity to continue school
240	readiness and prekindergarten services in the coalition's county
241	or multicounty region until the coalition is reestablished
242	through resubmission of a school readiness plan and approval by
243	the agency.
244	4.  The Agency for Workforce Innovation shall adopt
245	criteria for the approval of school readiness plans. The
246	criteria must be consistent with the performance standards and
247	outcome measures adopted by the agency and must require each
248	approved plan to include the following minimum standards and
249	provisions:
250	a.  A sliding fee scale establishing a copayment for
251	parents based upon their ability to pay, which is the same for
252	all program providers, to be implemented and reflected in each
253	program's budget.
254	b.  A choice of settings and locations in licensed,
255	registered, religious-exempt, or school-based programs to be
256	provided to parents.
257	c.  Instructional staff who have completed the training
258	course as required in s. 402.305(2)(d)1., as well as staff who
259	have additional training or credentials as required by the
260	Agency for Workforce Innovation. The plan must provide a method
261	for assuring the qualifications of all personnel in all program
262	settings.
263	d.  Specific eligibility priorities for children within the
264	early learning coalition's county or multicounty region in
265	accordance with subsection (6).
266	e.  Performance standards and outcome measures adopted by
267	the Agency for Workforce Innovation.
268	f.  Payment rates adopted by the early learning coalition
269	and approved by the Agency for Workforce Innovation. Payment
270	rates may not have the effect of limiting parental choice or
271	creating standards or levels of services that have not been
272	authorized by the Legislature or recognized by the Federal
273	Government as an appropriate use of funding.
274	g.  Systems support services, including a central agency,
275	child care resource and referral, eligibility determinations,
276	training of providers, and parent support and involvement.
277	h.  Direct enhancement services to families and children.
278	System support and direct enhancement services shall be in
279	addition to payments for the placement of children in school
280	readiness programs.
281	i.  The business organization of the early learning
282	coalition, which must include the coalition's articles of
283	incorporation and bylaws if the coalition is organized as a
284	corporation. If the coalition is not organized as a corporation
285	or other business entity, the plan must include the contract
286	with a fiscal agent. An early learning coalition may contract
287	with other coalitions to achieve efficiency in multicounty
288	services, and these contracts may be part of the coalition's
289	school readiness plan.
290	j.  Strategies to meet the needs of unique populations,
291	such as migrant workers.
292
293	As part of the school readiness plan, the early learning
294	coalition may request the Governor to apply for a waiver to
295	allow the coalition to administer the Head Start Program to
296	accomplish the purposes of the school readiness program. If a
297	school readiness plan demonstrates that specific statutory goals
298	can be achieved more effectively by using procedures that
299	require modification of existing rules, policies, or procedures,
300	a request for a waiver to the Agency for Workforce Innovation
301	may be submitted as part of the plan. Upon review, the Agency
302	for Workforce Innovation may grant the proposed modification.
303	5.  Persons with an early childhood teaching certificate
304	may provide support and supervision to other staff in the school
305	readiness program.
306	6.  An early learning coalition may not implement its
307	school readiness plan until it submits the plan to and receives
308	approval from the Agency for Workforce Innovation. Once the plan
309	is approved, the plan and the services provided under the plan
310	shall be controlled by the early learning coalition. An early
311	learning coalition The plan shall review and revise its school
312	readiness plan be reviewed and revised as necessary, but at
313	least once every 2 years biennially. Revision of any provision
314	of the plan that implements the an early learning coalition's
315	duties provided by law or contractual obligations to the Agency
316	for Workforce Innovation coalition may not take effect implement
317	the revisions until the coalition submits the revised provision
318	plan to and receives approval from the agency for Workforce
319	Innovation. If the Agency for Workforce Innovation rejects a
320	revised provision of a school readiness plan, the coalition must
321	continue to operate under its prior approved plan.
322	7.  Sections 125.901(2)(a)3., 411.221, and 411.232 do not
323	apply to an early learning coalition with an approved school
324	readiness plan. To facilitate innovative practices and to allow
325	the regional establishment of school readiness programs, an
326	early learning coalition may apply to the Governor and Cabinet
327	for a waiver of, and the Governor and Cabinet may waive, any of
328	the provisions of ss. 411.223, 411.232, and 1003.54, if the
329	waiver is necessary for implementation of the coalition's school
330	readiness plan.
331	8.  Two or more counties may join for purposes of planning
332	and implementing a school readiness program.
333	9.  An early learning coalition may, subject to approval by
334	the Agency for Workforce Innovation as part of the coalition's
335	school readiness plan, receive subsidized child care funds for
336	all children eligible for any federal subsidized child care
337	program.
338	10.  An early learning coalition may enter into multiparty
339	contracts with multicounty service providers in order to meet
340	the needs of unique populations such as migrant workers.
341	(e)  School readiness funds; expenditure and procurement of
342	property and services; Requests for proposals; payment
343	schedule.-
344	1.  Chapter 287 does not apply to an Each early learning
345	coalition. However, an early learning coalition must comply with
346	all federal regulations applicable to the expenditure of, and
347	the procurement of property and services from, federal grant
348	funds, which regulations may include, but are not limited to, 2
349	C.F.R. part 215, 45 C.F.R. part 74, or 45 C.F.R. part 92. An
350	early learning coalition must also apply such federal
351	regulations to s. 287.057 for the expenditure of, and the
352	procurement of property and commodities or contractual services
353	from, all state and local the funds described as school
354	readiness funds in subparagraph (9)(d)1. paragraph (9)(d). The
355	period of a contract for purchase of these commodities or
356	contractual services, together with any renewal of the original
357	contract, may not exceed 3 years.
358	2.  Each early learning coalition shall adopt a payment
359	schedule that encompasses all programs funded by the coalition
360	under this section. The payment schedule must take into
361	consideration the relevant market rate, must include the
362	projected number of children to be served, and must be submitted
363	for approval by the Agency for Workforce Innovation. Informal
364	child care arrangements shall be reimbursed at not more than 50
365	percent of the rate developed for a family day care home.
366	(9)  FUNDING; SCHOOL READINESS PROGRAM.-
367	(d)1.  All state, federal, and required local maintenance-
368	of-effort or matching funds provided to an early learning
369	coalition for purposes of this section shall be used by the
370	coalition for implementation of its school readiness plan,
371	including the hiring of staff to effectively operate the
372	coalition's school readiness program.
373	2.  As part of plan approval and periodic plan review, the
374	Agency for Workforce Innovation shall require that
375	administrative costs be kept to the minimum necessary for
376	efficient and effective administration of the school readiness
377	plan, but total administrative expenditures must not exceed 5
378	percent unless specifically waived by the Agency for Workforce
379	Innovation. The Agency for Workforce Innovation shall annually
380	report to the Legislature any problems relating to
381	administrative costs.
382	3.  An early learning coalition must comply with the
383	federal requirements for funding quality activities in 45 C.F.R.
384	s. 98.51.
385	Section 3.  Section 411.0101, Florida Statutes, is amended
386	to read:
387	411.0101  Child care and early childhood resource and
388	referral.-The Agency for Workforce Innovation shall establish a
389	statewide child care resource and referral network. Preference
390	shall be given to using the already established early learning
391	coalitions as the child care resource and referral agency. If an
392	early learning coalition cannot comply with the requirements to
393	offer the resource information component or does not want to
394	offer that service, the early learning coalition shall select
395	the resource information agency in accordance with the
396	requirements for the procurement of property and services in
397	based upon a request for proposal pursuant to s. 411.01(5)(e)1.
398	At least one child care resource and referral agency must be
399	established in each early learning coalition's county or
400	multicounty region. Child care resource and referral agencies
401	shall provide the following services:
402	(1)  Identification of existing public and private child
403	care and early childhood education services, including child
404	care services by public and private employers, and the
405	development of a resource file of those services. These services
406	may include family day care, public and private child care
407	programs, head start, prekindergarten early intervention
408	programs, special education programs for prekindergarten
409	handicapped children, services for children with developmental
410	disabilities, full-time and part-time programs, before-school
411	and after-school programs, vacation care programs, parent
412	education, the WAGES Program, and related family support
413	services. The resource file shall include, but not be limited
414	to:
415	(a)  Type of program.
416	(b)  Hours of service.
417	(c)  Ages of children served.
418	(d)  Number of children served.
419	(e)  Significant program information.
420	(f)  Fees and eligibility for services.
421	(g)  Availability of transportation.
422	(2)  The establishment of a referral process which responds
423	to parental need for information and which is provided with full
424	recognition of the confidentiality rights of parents. Resource
425	and referral programs shall make referrals to licensed child
426	care facilities. Referrals shall be made to an unlicensed child
427	care facility or arrangement only if there is no requirement
428	that the facility or arrangement be licensed.
429	(3)  Maintenance of ongoing documentation of requests for
430	service tabulated through the internal referral process. The
431	following documentation of requests for service shall be
432	maintained by all child care resource and referral agencies:
433	(a)  Number of calls and contacts to the child care
434	information and referral agency component by type of service
435	requested.
436	(b)  Ages of children for whom service was requested.
437	(c)  Time category of child care requests for each child.
438	(d)  Special time category, such as nights, weekends, and
439	swing shift.
440	(e)  Reason that the child care is needed.
441	(f)  Name of the employer and primary focus of the
442	business.
443	(4)  Provision of technical assistance to existing and
444	potential providers of child care services. This assistance may
445	include:
446	(a)  Information on initiating new child care services,
447	zoning, and program and budget development and assistance in
448	finding such information from other sources.
449	(b)  Information and resources which help existing child
450	care services providers to maximize their ability to serve
451	children and parents in their community.
452	(c)  Information and incentives which could help existing
453	or planned child care services offered by public or private
454	employers seeking to maximize their ability to serve the
455	children of their working parent employees in their community,
456	through contractual or other funding arrangements with
457	businesses.
458	(5)  Assistance to families and employers in applying for
459	various sources of subsidy including, but not limited to,
460	subsidized child care, head start, prekindergarten early
461	intervention programs, Project Independence, private
462	scholarships, and the federal dependent care tax credit.
463	(6)  Assistance to state agencies in determining the market
464	rate for child care.
465	(7)  Assistance in negotiating discounts or other special
466	arrangements with child care providers.
467	(8)  Information and assistance to local interagency
468	councils coordinating services for prekindergarten handicapped
469	children.
470	(9)  Assistance to families in identifying summer
471	recreation camp and summer day camp programs and in evaluating
472	the health and safety qualities of summer recreation camp and
473	summer day camp programs and in evaluating the health and safety
474	qualities of summer camp programs. Contingent upon specific
475	appropriation, a checklist of important health and safety
476	qualities that parents can use to choose their summer camp
477	programs shall be developed and distributed in a manner that
478	will reach parents interested in such programs for their
479	children.
480	(10)  A child care facility licensed under s. 402.305 and
481	licensed and registered family day care homes must provide the
482	statewide child care and resource and referral agencies with the
483	following information annually:
484	(a)  Type of program.
485	(b)  Hours of service.
486	(c)  Ages of children served.
487	(d)  Fees and eligibility for services.
488	(11)  The Agency for Workforce Innovation shall adopt any
489	rules necessary for the implementation and administration of
490	this section.
491	Section 4.  Subsection (10) is added to section 1002.71,
492	Florida Statutes, to read:
493	1002.71  Funding; financial and attendance reporting.-
494	(10)  Chapter 287 does not apply to an early learning
495	coalition. However, an early learning coalition must apply all
496	federal regulations applicable to the expenditure of, and the
497	procurement of property and services from, federal grant funds
498	as specified in s. 411.01(5)(e)1. to the expenditure of, and the
499	procurement of property and services from, all state funds
500	provided for the Voluntary Prekindergarten Education Program
501	under this part.
502	Section 5.  This act shall take effect July 1, 2010.

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