Florida Senate - 2011 SB 564
By Senator Rich
34-00547-11 2011564__
1 A bill to be entitled
2 An act relating to the Voluntary Prekindergarten
3 Education Program; amending ss. 1002.55 and 1002.63,
4 F.S.; providing that prekindergarten instructors in
5 school-year prekindergarten programs delivered by
6 private providers and public schools must meet new
7 professional credentialing requirements beginning July
8 1, 2014; deleting provisions relating to alternate
9 educational credentials, to conform; amending ss.
10 1002.61 and 1007.23, F.S.; conforming cross-references
11 to changes made by the act; repealing s. 1002.65,
12 F.S., relating to aspirational goals for the
13 professional credentials of prekindergarten
14 instructors; providing an effective date.
15
16 WHEREAS, the Legislature finds that there is a strong
17 correlation between the state’s fiscal and economic well-being,
18 the state’s workforce development, the skills and preparation of
19 the state’s prekindergarten instructors, and the educational
20 outcomes of students in the state’s Voluntary Prekindergarten
21 Education Program, and
22 WHEREAS, national studies have shown that the only
23 prekindergarten education programs that demonstrate large long
24 term economic gains and improve educational outcomes for
25 prekindergarten education students are programs taught by
26 teachers who hold a bachelor’s degree or higher, and
27 WHEREAS, children who are enrolled in prekindergarten
28 education programs taught by teachers who hold a bachelor’s
29 degree or higher save taxpayer dollars by reducing costs
30 associated with K-12 student remediation, student dropouts,
31 juvenile and criminal justice, law enforcement, and other public
32 safety and assistance programs, and
33 WHEREAS, for the 2008-2009 school year, the rate of
34 Florida’s third grade students who were not promoted to fourth
35 grade was 6.64 percent, and
36 WHEREAS, the number of prekindergarten through third grade
37 students who are not promoted to the next grade costs Florida’s
38 taxpayers in excess of $330 million annually, and
39 WHEREAS, investment in high-quality prekindergarten
40 education programs is a cost-effective way to create a highly
41 skilled future workforce and is an effective public policy
42 strategy for generating wealth and achieving social and economic
43 development, and
44 WHEREAS, Florida can meet Voluntary Prekindergarten
45 Education Program teacher capacity, based on graduation rates of
46 students receiving bachelor’s degrees in early childhood
47 education, by offering full reciprocity for teacher
48 certificateholders from other states; by employing teachers who
49 are currently being terminated due to the declining trends in K
50 12 student growth; and by continuing to support a bachelor’s
51 degree career ladder for existing nondegreed teachers, NOW,
52 THEREFORE,
53
54 Be It Enacted by the Legislature of the State of Florida:
55
56 Section 1. Section 1002.55, Florida Statutes, is amended to
57 read:
58 1002.55 School-year prekindergarten program delivered by
59 private prekindergarten providers.—
60 (1) Each early learning coalition shall administer the
61 Voluntary Prekindergarten Education Program at the county or
62 regional level for students enrolled under s. 1002.53(3)(a) in a
63 school-year prekindergarten program delivered by a private
64 prekindergarten provider.
65 (2) Each school-year prekindergarten program delivered by a
66 private prekindergarten provider must comprise at least 540
67 instructional hours.
68 (3) To be eligible to deliver the prekindergarten program,
69 a private prekindergarten provider must meet each of the
70 following requirements:
71 (a) The private prekindergarten provider must be a child
72 care facility licensed under s. 402.305, family day care home
73 licensed under s. 402.313, large family child care home licensed
74 under s. 402.3131, nonpublic school exempt from licensure under
75 s. 402.3025(2), or faith-based child care provider exempt from
76 licensure under s. 402.316.
77 (b) The private prekindergarten provider must:
78 1. Be accredited by an accrediting association that is a
79 member of the National Council for Private School Accreditation,
80 or the Florida Association of Academic Nonpublic Schools, or be
81 accredited by the Southern Association of Colleges and Schools,
82 or Western Association of Colleges and Schools, or North Central
83 Association of Colleges and Schools, or Middle States
84 Association of Colleges and Schools, or New England Association
85 of Colleges and Schools; and have written accreditation
86 standards that meet or exceed the state’s licensing requirements
87 under s. 402.305, s. 402.313, or s. 402.3131 and require at
88 least one onsite visit to the provider or school before
89 accreditation is granted;
90 2. Hold a current Gold Seal Quality Care designation under
91 s. 402.281; or
92 3. Be licensed under s. 402.305, s. 402.313, or s. 402.3131
93 and demonstrate, before delivering the Voluntary Prekindergarten
94 Education Program, as verified by the early learning coalition,
95 that the provider meets each of the requirements of the program
96 under this part, including, but not limited to, the requirements
97 for credentials and background screenings of prekindergarten
98 instructors under paragraphs (c) and (d), minimum and maximum
99 class sizes under paragraph (f), prekindergarten director
100 credentials under paragraph (g), and a developmentally
101 appropriate curriculum under s. 1002.67(2)(b).
102 (c) Beginning July 1, 2014:
103 1. The private prekindergarten provider must have, for each
104 prekindergarten class composed of fewer than 11 students, at
105 least one prekindergarten instructor who holds:
106 a. A bachelor’s or higher degree in early childhood
107 education, prekindergarten or primary education, preschool
108 education, or family and consumer science; or
109 b. A bachelor’s or higher degree in elementary education,
110 if the prekindergarten instructor has been certified to teach
111 children any age from birth through grade 6, regardless of
112 whether the instructor’s educator certificate is current, and if
113 the instructor is not ineligible to teach in a public school
114 because his or her educator certificate is suspended or revoked.
115 2. The private prekindergarten provider must have, for each
116 prekindergarten class composed of 11 or more students:
117 a. One prekindergarten instructor who meets the
118 requirements of subparagraph 1.; and
119 b. One prekindergarten instructor who meets the following
120 requirements:
121 (I) Holds, at a minimum, a child development associate
122 credential issued by the National Credentialing Program of the
123 Council for Professional Recognition or a credential approved by
124 the Department of Children and Family Services as being
125 equivalent to or greater than the child development associate
126 credential.
127 (II) Successfully completes an emergent literacy training
128 course approved by the Department of Education as meeting or
129 exceeding the minimum standards adopted under s. 1002.59.
130 (c) The private prekindergarten provider must have, for
131 each prekindergarten class, at least one prekindergarten
132 instructor who meets each of the following requirements:
133 1. The prekindergarten instructor must hold, at a minimum,
134 one of the following credentials:
135 a. A child development associate credential issued by the
136 National Credentialing Program of the Council for Professional
137 Recognition; or
138 b. A credential approved by the Department of Children and
139 Family Services as being equivalent to or greater than the
140 credential described in sub-subparagraph a.
141
142 The Department of Children and Family Services may adopt rules
143 under ss. 120.536(1) and 120.54 which provide criteria and
144 procedures for approving equivalent credentials under sub
145 subparagraph b.
146 2. The prekindergarten instructor must successfully
147 complete an emergent literacy training course approved by the
148 department as meeting or exceeding the minimum standards adopted
149 under s. 1002.59. This subparagraph does not apply to a
150 prekindergarten instructor who successfully completes approved
151 training in early literacy and language development under s.
152 402.305(2)(d)5., s. 402.313(6), or s. 402.3131(5) before the
153 establishment of one or more emergent literacy training courses
154 under s. 1002.59 or April 1, 2005, whichever occurs later.
155 (d) Each prekindergarten instructor employed by the private
156 prekindergarten provider must be of good moral character, must
157 be screened using the level 2 screening standards in s. 435.04
158 before employment and rescreened at least once every 5 years,
159 must be denied employment or terminated if required under s.
160 435.06, and must not be ineligible to teach in a public school
161 because his or her educator certificate is suspended or revoked.
162 (e) A private prekindergarten provider may assign a
163 substitute instructor to temporarily replace a credentialed
164 instructor if the credentialed instructor assigned to a
165 prekindergarten class is absent, as long as the substitute
166 instructor is of good moral character and has been screened
167 before employment in accordance with level 2 background
168 screening requirements in chapter 435. The Agency for Workforce
169 Innovation shall adopt rules to implement this paragraph which
170 shall include required qualifications of substitute instructors
171 and the circumstances and time limits for which a private
172 prekindergarten provider may assign a substitute instructor.
173 (f) Each of the private prekindergarten provider’s
174 prekindergarten classes must be composed of at least 4 students
175 but may not exceed 18 students. In order to protect the health
176 and safety of students, each private prekindergarten provider
177 must also provide appropriate adult supervision for students at
178 all times and, for Each prekindergarten class composed of 11 or
179 more students must meet the requirements in subparagraph (c)2.
180 for prekindergarten instructors, must have, in addition to a
181 prekindergarten instructor who meets the requirements of
182 paragraph (c), at least one adult prekindergarten instructor who
183 is not required to meet those requirements but who must meet
184 each requirement of paragraph (d). This paragraph does not
185 supersede any requirement imposed on a provider under ss.
186 402.301-402.319.
187 (g) Before the beginning of the 2006-2007 school year, the
188 private prekindergarten provider must have a prekindergarten
189 director who has a prekindergarten director credential that is
190 approved by the department as meeting or exceeding the minimum
191 standards adopted under s. 1002.57. Successful completion of a
192 child care facility director credential under s. 402.305(2)(f)
193 before the establishment of the prekindergarten director
194 credential under s. 1002.57 or July 1, 2006, whichever occurs
195 later, satisfies the requirement for a prekindergarten director
196 credential under this paragraph.
197 (h) The private prekindergarten provider must register with
198 the early learning coalition on forms prescribed by the Agency
199 for Workforce Innovation.
200 (i) The private prekindergarten provider must deliver the
201 Voluntary Prekindergarten Education Program in accordance with
202 this part.
203 (4) A prekindergarten instructor, in lieu of the minimum
204 credentials and courses required under paragraph (3)(c), may
205 hold one of the following educational credentials:
206 (a) A bachelor’s or higher degree in early childhood
207 education, prekindergarten or primary education, preschool
208 education, or family and consumer science;
209 (b) A bachelor’s or higher degree in elementary education,
210 if the prekindergarten instructor has been certified to teach
211 children any age from birth through 6th grade, regardless of
212 whether the instructor’s educator certificate is current, and if
213 the instructor is not ineligible to teach in a public school
214 because his or her educator certificate is suspended or revoked;
215 (c) An associate’s or higher degree in child development;
216 (d) An associate’s or higher degree in an unrelated field,
217 at least 6 credit hours in early childhood education or child
218 development, and at least 480 hours of experience in teaching or
219 providing child care services for children any age from birth
220 through 8 years of age; or
221 (e) An educational credential approved by the department as
222 being equivalent to or greater than an educational credential
223 described in this subsection. The department may adopt criteria
224 and procedures for approving equivalent educational credentials
225 under this paragraph.
226 Section 2. Subsection (4) of section 1002.61, Florida
227 Statutes, is amended to read:
228 1002.61 Summer prekindergarten program delivered by public
229 schools and private prekindergarten providers.—
230 (4) Notwithstanding ss. 1002.55(3)(c)1. and 1002.63(4),
231 each public school and private prekindergarten provider must
232 have, for each prekindergarten class, at least one
233 prekindergarten instructor who:
234 (a) Is a certified teacher; or
235 (b) Holds one of the educational credentials specified in
236 s. 1002.55(3)(c)1.(4)(a) or (b).
237
238 As used in this subsection, the term “certified teacher” means a
239 teacher holding a valid Florida educator certificate under s.
240 1012.56 who has the qualifications required by the district
241 school board to instruct students in the summer prekindergarten
242 program. In selecting instructional staff for the summer
243 prekindergarten program, each school district shall give
244 priority to teachers who have experience or coursework in early
245 childhood education.
246 Section 3. Subsections (4) and (7) of section 1002.63,
247 Florida Statutes, are amended to read:
248 1002.63 School-year prekindergarten program delivered by
249 public schools.—
250 (4) Each prekindergarten class in a public school
251 delivering the school-year prekindergarten program must meet the
252 requirements in s. 1002.55(3)(c) for prekindergarten
253 instructors. Each public school must have, for each
254 prekindergarten class, at least one prekindergarten instructor
255 who meets each requirement in s. 1002.55(3)(c) for a
256 prekindergarten instructor of a private prekindergarten
257 provider.
258 (7) Each prekindergarten class in a public school
259 delivering the school-year prekindergarten program must be
260 composed of at least 4 students but may not exceed 18 students.
261 In order to protect the health and safety of students, each
262 school must also provide appropriate adult supervision for
263 students at all times and, for Each prekindergarten class
264 composed of 11 or more students must meet the requirements in s.
265 1002.55(3)(c)2. for prekindergarten instructors, must have, in
266 addition to a prekindergarten instructor who meets the
267 requirements of s. 1002.55(3)(c), at least one adult
268 prekindergarten instructor who is not required to meet those
269 requirements but who must meet each requirement of subsection
270 (5).
271 Section 4. Subsection (5) of section 1007.23, Florida
272 Statutes, is amended to read:
273 1007.23 Statewide articulation agreement.—
274 (5) The articulation agreement must guarantee the
275 articulation of 9 credit hours toward a postsecondary degree in
276 early childhood education for programs approved by the State
277 Board of Education and the Board of Governors which:
278 (a) Award a child development associate credential issued
279 by the National Credentialing Program of the Council for
280 Professional Recognition or award a credential approved under s.
281 1002.55(3)(c)2.1.b. or s. 402.305(3)(c) as being equivalent to
282 the child development associate credential; and
283 (b) Include training in emergent literacy which meets or
284 exceeds the minimum standards for training courses for
285 prekindergarten instructors of the Voluntary Prekindergarten
286 Education Program in s. 1002.59.
287 Section 5. Section 1002.65, Florida Statutes, is repealed.
288 Section 6. This act shall take effect July 1, 2011.