Florida Senate - 2012         (PROPOSED COMMITTEE BILL) SPB 7080
       
       
       
       FOR CONSIDERATION By the Committee on Budget
       
       
       
       
       576-02053J-12                                         20127080__
    1                        A bill to be entitled                      
    2         An act relating to early learning funding; amending s.
    3         411.01, F.S.; revising the duties of the Office of
    4         Early Learning; authorizing the Office of Early
    5         Learning to adopt rules relating to the adoption of a
    6         uniform chart of accounts and the adoption of a
    7         statewide, standardized contract and standardized
    8         contract monitoring tool; requiring that the Office of
    9         Early Learning coordinate with other state agencies to
   10         perform data matches on families participating in the
   11         school readiness program; revising the minimum number
   12         of children who must be served by each early learning
   13         coalition; deleting provisions that require the Office
   14         of Early Learning to grant waivers to early learning
   15         coalitions serving fewer children than the minimum
   16         number established; requiring that each school
   17         readiness provider administer preassessments and
   18         postassessments; revising the standards for school
   19         readiness plans to conform to changes made by the act;
   20         requiring that each approved plan require a parent
   21         copayment of a minimum percentage of a family’s
   22         income; authorizing an early learning coalition to
   23         grant a waiver from such parent copayment; revising
   24         provisions relating to eligibility for school
   25         readiness programs; requiring that each early learning
   26         coalition give priority to children who meet certain
   27         requirements; requiring that funding for the school
   28         readiness program be allocated among the early
   29         learning coalitions pursuant to the act or as provided
   30         in the General Appropriations Act; revising provisions
   31         relating to the minimum percentage of funds to be used
   32         for administrative, nondirect, and quality
   33         expenditures; authorizing the Office of Early Learning
   34         to provide waivers of limitations on such expenditures
   35         under certain circumstances; requiring that the Office
   36         of Early Learning adopt school readiness provider
   37         payment rates for each early learning coalition
   38         service area based on the prevailing market rate;
   39         requiring that the Office of Early Learning ensure
   40         that each payment rate is uniform statewide by care
   41         level and provider type; authorizing the Office of
   42         Early Learning to investigate early learning
   43         coalitions and school readiness recipients and
   44         providers for fraud or overpayment; providing
   45         reporting requirements; providing penalties; amending
   46         s. 411.0101, F.S.; conforming a cross-reference;
   47         amending s. 411.01013, F.S.; revising provisions
   48         relating to the prevailing market rate schedule
   49         established by the Office of Early Learning; requiring
   50         that each child care and early learning education
   51         provider that receives school readiness funds submit
   52         its market rate to the Office of Early Learning by a
   53         specified date each year; amending s. 411.0106, F.S.;
   54         conforming a cross-reference; amending s. 1002.71,
   55         F.S.; requiring that the Office of Early Learning
   56         establish criteria for granting exemptions for good
   57         cause for children enrolled in prekindergarten
   58         programs; providing an effective date.
   59  
   60  Be It Enacted by the Legislature of the State of Florida:
   61  
   62         Section 1. Section 411.01, Florida Statutes, is amended to
   63  read:
   64         411.01 School readiness programs; early learning
   65  coalitions.—
   66         (1) SHORT TITLE.—This section may be cited as the “School
   67  Readiness Act.”
   68         (2) LEGISLATIVE INTENT.—
   69         (a) The Legislature recognizes that school readiness
   70  programs increase children’s chances of achieving future
   71  educational success and becoming productive members of society.
   72  It is the intent of the Legislature that the programs be
   73  developmentally appropriate, research-based, involve the parent
   74  as a child’s first teacher, serve as preventive measures for
   75  children at risk of future school failure, enhance the
   76  educational readiness of eligible children, and support family
   77  education. Each school readiness program shall provide the
   78  elements necessary to prepare at-risk children for school,
   79  including health screening and referral and an appropriate
   80  educational program.
   81         (b) It is the intent of the Legislature that school
   82  readiness programs be operated on a full-day, year-round basis
   83  to the maximum extent possible to enable parents to work and
   84  become financially self-sufficient.
   85         (c) It is the intent of the Legislature that school
   86  readiness programs not exist as isolated programs, but build
   87  upon existing services and work in cooperation with other
   88  programs for young children, and that school readiness programs
   89  be coordinated to achieve full effectiveness.
   90         (d) It is the intent of the Legislature that the
   91  administrative staff for school readiness programs be kept to
   92  the minimum necessary to administer the duties of the Office of
   93  Early Learning and early learning coalitions. The Office of
   94  Early Learning shall adopt system support services at the state
   95  level to build a comprehensive early learning system. Each early
   96  learning coalition shall implement and maintain direct
   97  enhancement services at the local level, as approved in its
   98  school readiness plan by the Office of Early Learning, and
   99  ensure access to such services in all 67 counties.
  100         (e) It is the intent of the Legislature that the school
  101  readiness program coordinate and operate in conjunction with the
  102  district school systems. However, it is also the intent of the
  103  Legislature that the school readiness program not be construed
  104  as part of the system of free public schools but rather as a
  105  separate program for children under the age of kindergarten
  106  eligibility, funded separately from the system of free public
  107  schools, utilizing a mandatory sliding fee scale, and providing
  108  an integrated and seamless system of school readiness services
  109  for the state’s birth-to-kindergarten population.
  110         (f) It is the intent of the Legislature that school
  111  readiness services be an integrated and seamless program of
  112  services with a developmentally appropriate education component
  113  for the state’s eligible birth-to-kindergarten population
  114  described in subsection (6) and not be construed as part of the
  115  seamless K-20 education system.
  116         (3) PARENTAL PARTICIPATION IN SCHOOL READINESS PROGRAMS.
  117  This section does not:
  118         (a) Relieve parents and guardians of their own obligations
  119  to prepare their children for school; or
  120         (b) Create any obligation to provide publicly funded school
  121  readiness programs or services beyond those authorized by the
  122  Legislature.
  123         (4) OFFICE OF EARLY LEARNING OF THE DEPARTMENT OF
  124  EDUCATION.—
  125         (a) The Office of Early Learning shall administer school
  126  readiness programs at the state level and shall coordinate with
  127  the early learning coalitions in providing school readiness
  128  services on a full-day, full-year, full-choice basis to the
  129  extent possible in order to enable parents to work and be
  130  financially self-sufficient.
  131         (b) The Office of Early Learning shall:
  132         1. Prioritize services to eligible children from birth to
  133  kindergarten.
  134         2.1. Coordinate the birth-to-kindergarten services for
  135  children who are eligible under subsection (6) and the
  136  programmatic, administrative, and fiscal standards under this
  137  section for all public providers of school readiness programs.
  138         3.2. Focus on improving the educational quality of all
  139  program providers participating in publicly funded school
  140  readiness programs.
  141         4.3. Provide comprehensive services to the state’s birth
  142  to-5 population, which shall ensure the preservation of parental
  143  choice by permitting parents to choose from a variety of child
  144  care categories, including: center-based child care; group home
  145  child care; family child care; and in-home child care. Care and
  146  curriculum by a sectarian provider may not be limited or
  147  excluded in any of these categories.
  148         (c) The Governor shall designate the Office of Early
  149  Learning as the lead agency for administration of the federal
  150  Child Care and Development Fund, 45 C.F.R. parts 98 and 99, and
  151  the office shall comply with the lead agency responsibilities
  152  under federal law.
  153         (d) The Office of Early Learning shall:
  154         1. Be responsible for the prudent use of all public and
  155  private funds in accordance with all legal and contractual
  156  requirements.
  157         2. Adopt a uniform chart of accounts for budgeting and
  158  financial reporting which provides standard definitions for
  159  expenditures and reports for each of the following categories:
  160         a. Direct expenditures for services to children;
  161         b. Administrative costs;
  162         c. Nondirect expenditures; and
  163         d. Quality.
  164         3.2. Provide final approval and every 2 years review early
  165  learning coalitions and school readiness plans.
  166         4.3. Establish a unified approach to the state’s efforts
  167  toward enhancement of school readiness. In support of this
  168  effort, the Office of Early Learning shall adopt specific system
  169  support services that address the state’s school readiness
  170  programs. An early learning coalition shall amend its school
  171  readiness plan to conform to the specific system support
  172  services adopted by the Office of Early Learning. System support
  173  services shall include, but are not limited to:
  174         a. Child care resource and referral services;
  175         b. Warm-Line services;
  176         c. Eligibility determinations;
  177         d. Child performance standards;
  178         e. Child screening and assessment;
  179         f. Developmentally appropriate curricula;
  180         g. Health and safety requirements;
  181         h. Statewide data system requirements; and
  182         i. Rating and improvement systems.
  183         5.4. Safeguard the effective use of and prioritize federal
  184  and, state funds for direct services, local, and private
  185  resources to achieve the highest possible level of school
  186  readiness for the children in this state.
  187         6.5. Adopt a rule establishing criteria for the expenditure
  188  of funds designated for the purpose of funding activities to
  189  improve the quality of child care within the state in accordance
  190  with s. 658G of the federal Child Care and Development Block
  191  Grant Act.
  192         7.6. Provide technical assistance to early learning
  193  coalitions in a manner determined by the Office of Early
  194  Learning based upon information obtained by the office from
  195  various sources, including, but not limited to, public input,
  196  government reports, private interest group reports, office
  197  monitoring visits, and coalition requests for service.
  198         8.7. In cooperation with the early learning coalitions,
  199  coordinate with the Child Care Services Program Office of the
  200  Department of Children and Family Services to minimize
  201  duplicating interagency activities, health and safety
  202  monitoring, and acquiring and composing data pertaining to child
  203  care training and credentialing.
  204         9.8. Develop and adopt performance standards and outcome
  205  measures for school readiness programs. The performance
  206  standards must address the age-appropriate progress of children
  207  in the development of school readiness skills. The performance
  208  standards for children from birth to 5 years of age in school
  209  readiness programs must be integrated with the performance
  210  standards adopted by the Department of Education for children in
  211  the Voluntary Prekindergarten Education Program under s.
  212  1002.67.
  213         10. By July 1, 2013, identify a preassessment and
  214  postassessment aligned with the performance standards adopted
  215  under subparagraph 9. The preassessments and postassessments
  216  shall begin immediately after adoption and shall be used by
  217  school readiness program providers. The office shall collect the
  218  results of the preassessments and postassessments statewide to
  219  evaluate the effectiveness of the school readiness program. At a
  220  minimum, a preassessment shall be administered to each child who
  221  participates in a school readiness program within the first 45
  222  days after enrollment. By May 30 of each year, a postassessment
  223  shall be administered to each child who participates in a
  224  provider’s program for at least the previous 6 months.
  225         11.9. Adopt a statewide, standardized standard contract
  226  that must be used by the coalitions when contracting with school
  227  readiness providers. The office shall prohibit the coalitions
  228  from adopting addenda to the contract.
  229         12. Adopt a statewide, standardized contract monitoring
  230  tool that must be used by each early learning coalition when
  231  monitoring the compliance of school readiness providers under
  232  the statewide, standardized contract adopted under subparagraph
  233  11.
  234         (e) The Office of Early Learning may adopt rules under ss.
  235  120.536(1) and 120.54 to administer the provisions of law
  236  conferring duties upon the office, including, but not limited
  237  to, rules governing the administration of system support
  238  services of school readiness programs, the adoption of a uniform
  239  chart of accounts, the adoption of a statewide, standardized
  240  contract and standardized contract monitoring tool, the
  241  collection of data, the approval of early learning coalitions
  242  and school readiness plans, the provision of a method whereby an
  243  early learning coalition may serve two or more counties, the
  244  award of incentives to early learning coalitions, child
  245  performance standards, child outcome measures, the issuance of
  246  waivers, and the implementation of the state’s Child Care and
  247  Development Fund Plan as approved by the federal Administration
  248  for Children and Families.
  249         (f) The Office of Early Learning shall have all powers
  250  necessary to administer this section, including, but not limited
  251  to, the power to receive and accept grants, loans, or advances
  252  of funds from any public or private agency and to receive and
  253  accept from any source contributions of money, property, labor,
  254  or any other thing of value, to be held, used, and applied for
  255  purposes of this section.
  256         (g) Except as provided by law, the Office of Early Learning
  257  may not impose requirements on a child care or early childhood
  258  education provider that does not deliver services under the
  259  school readiness programs or receive state or federal funds
  260  under this section.
  261         (h) The Office of Early Learning shall have a budget for
  262  school readiness programs, which shall be financed through an
  263  annual appropriation made for purposes of this section in the
  264  General Appropriations Act.
  265         (i) The Office of Early Learning shall coordinate with
  266  other state agencies to perform data matches on families
  267  participating in the school readiness program in order to ensure
  268  proper eligibility for the school readiness program.
  269         (j)(i) The Office of Early Learning shall coordinate the
  270  efforts toward school readiness in this state and provide
  271  independent policy analyses, data analyses, and recommendations
  272  to the Governor, the State Board of Education, and the
  273  Legislature.
  274         (k)(j) The Office of Early Learning shall require that
  275  school readiness programs, at a minimum, enhance the age
  276  appropriate progress of each child in attaining the performance
  277  standards adopted under subparagraph (d)9. (d)8. and in the
  278  development of the following school readiness skills:
  279         1. Compliance with rules, limitations, and routines.
  280         2. Ability to perform tasks.
  281         3. Interactions with adults.
  282         4. Interactions with peers.
  283         5. Ability to cope with challenges.
  284         6. Self-help skills.
  285         7. Ability to express the child’s needs.
  286         8. Verbal communication skills.
  287         9. Problem-solving skills.
  288         10. Following of verbal directions.
  289         11. Demonstration of curiosity, persistence, and
  290  exploratory behavior.
  291         12. Interest in books and other printed materials.
  292         13. Paying attention to stories.
  293         14. Participation in art and music activities.
  294         15. Ability to identify colors, geometric shapes, letters
  295  of the alphabet, numbers, and spatial and temporal
  296  relationships.
  297  
  298  Within 30 days after enrollment in the school readiness program,
  299  the early learning coalition must ensure that the program
  300  provider obtains information regarding the child’s
  301  immunizations, physical development, and other health
  302  requirements as necessary, including appropriate vision and
  303  hearing screening and examinations. For a program provider
  304  licensed by the Department of Children and Family Services, the
  305  provider’s compliance with s. 402.305(9), as verified pursuant
  306  to s. 402.311, shall satisfy this requirement.
  307         (l)(k) The Office of Early Learning shall conduct studies
  308  and planning activities related to the overall improvement and
  309  effectiveness of the outcome measures adopted by the office for
  310  school readiness programs and the specific system support
  311  services to address the state’s school readiness programs
  312  adopted by the Office of Early Learning in accordance with
  313  subparagraph (d)4. (d)3.
  314         (m)(l) The Office of Early Learning shall monitor and
  315  evaluate the performance of each early learning coalition in
  316  administering the school readiness program, implementing the
  317  coalition’s school readiness plan, and administering the
  318  Voluntary Prekindergarten Education Program. These monitoring
  319  and performance evaluations must include, at a minimum, onsite
  320  monitoring of each coalition’s finances, management, operations,
  321  and programs.
  322         (n)(m) The Office of Early Learning shall submit an annual
  323  report of its activities conducted under this section to the
  324  Governor, the President of the Senate, the Speaker of the House
  325  of Representatives, and the minority leaders of both houses of
  326  the Legislature. In addition, the Office of Early Learning’s
  327  reports and recommendations shall be made available to the
  328  Florida Early Learning Advisory Council and other appropriate
  329  state agencies and entities. The annual report must provide an
  330  analysis of school readiness activities across the state,
  331  including the number of children who were served in the
  332  programs.
  333         (o)(n) The Office of Early Learning shall work with the
  334  early learning coalitions to ensure availability of training and
  335  support for parental involvement in children’s early education
  336  and to provide family literacy activities and services.
  337         (5) CREATION OF EARLY LEARNING COALITIONS.—
  338         (a) Early learning coalitions.—
  339         1. Each early learning coalition shall maintain direct
  340  enhancement services at the local level and ensure access to
  341  such services in all 67 counties.
  342         2. The Office of Early Learning shall establish the minimum
  343  number of children to be served by each early learning coalition
  344  through the coalition’s school readiness program. The Office of
  345  Early Learning may only approve school readiness plans in
  346  accordance with this minimum number. The minimum number must be
  347  uniform for every early learning coalition and must:
  348         a. Permit 31 or fewer coalitions to be established; and
  349         b. Require each coalition to serve at least 1,700 2,000
  350  children based upon the average number of all children served
  351  per month through the coalition’s school readiness program
  352  during the previous 12 months.
  353         3. If an early learning coalition would serve fewer
  354  children than the minimum number established under subparagraph
  355  2., the coalition must merge with another county to form a
  356  multicounty coalition. The Office of Early Learning shall adopt
  357  procedures for merging early learning coalitions, including
  358  procedures for the consolidation of merging coalitions, and for
  359  the early termination of the terms of coalition members which
  360  are necessary to accomplish the mergers. However, the Office of
  361  Early Learning shall grant a waiver to an early learning
  362  coalition to serve fewer children than the minimum number
  363  established under subparagraph 2., if:
  364         a. The Office of Early Learning has determined during the
  365  most recent review of the coalition’s school readiness plan, or
  366  through monitoring and performance evaluations conducted under
  367  paragraph (4)(l), that the coalition has substantially
  368  implemented its plan;
  369         b. The coalition demonstrates to the Office of Early
  370  Learning the coalition’s ability to effectively and efficiently
  371  implement the Voluntary Prekindergarten Education Program; and
  372         c. The coalition demonstrates to the Office of Early
  373  Learning that the coalition can perform its duties in accordance
  374  with law.
  375  
  376  If an early learning coalition fails or refuses to merge as
  377  required by this subparagraph, the Office of Early Learning may
  378  dissolve the coalition and temporarily contract with a qualified
  379  entity to continue school readiness and prekindergarten services
  380  in the coalition’s county or multicounty region until the office
  381  reestablishes the coalition and a new school readiness plan is
  382  approved by the office.
  383         4. Each early learning coalition shall be composed of at
  384  least 15 members but not more than 30 members. The Office of
  385  Early Learning shall adopt standards establishing within this
  386  range the minimum and maximum number of members that may be
  387  appointed to an early learning coalition and procedures for
  388  identifying which members have voting privileges under
  389  subparagraph 6. These standards must include variations for a
  390  coalition serving a multicounty region. Each early learning
  391  coalition must comply with these standards.
  392         5. The Governor shall appoint the chair and two other
  393  members of each early learning coalition, who must each meet the
  394  same qualifications as private sector business members appointed
  395  by the coalition under subparagraph 7.
  396         6. Each early learning coalition must include the following
  397  member positions; however, in a multicounty coalition, each ex
  398  officio member position may be filled by multiple nonvoting
  399  members but no more than one voting member shall be seated per
  400  member position. If an early learning coalition has more than
  401  one member representing the same entity, only one of such
  402  members may serve as a voting member:
  403         a. A Department of Children and Family Services circuit
  404  administrator or his or her designee who is authorized to make
  405  decisions on behalf of the department.
  406         b. A district superintendent of schools or his or her
  407  designee who is authorized to make decisions on behalf of the
  408  district.
  409         c. A regional workforce board executive director or his or
  410  her designee.
  411         d. A county health department director or his or her
  412  designee.
  413         e. A children’s services council or juvenile welfare board
  414  chair or executive director, if applicable.
  415         f. An agency head of a local licensing agency as defined in
  416  s. 402.302, where applicable.
  417         g. A president of a community college or his or her
  418  designee.
  419         h. One member appointed by a board of county commissioners
  420  or the governing board of a municipality.
  421         i. A central agency administrator, where applicable.
  422         j. A Head Start director.
  423         k. A representative of private for-profit child care
  424  providers, including private for-profit family day care homes.
  425         l. A representative of faith-based child care providers.
  426         m. A representative of programs for children with
  427  disabilities under the federal Individuals with Disabilities
  428  Education Act.
  429         7. Including the members appointed by the Governor under
  430  subparagraph 5., more than one-third of the members of each
  431  early learning coalition must be private sector business members
  432  who do not have, and none of whose relatives as defined in s.
  433  112.3143 has, a substantial financial interest in the design or
  434  delivery of the Voluntary Prekindergarten Education Program
  435  created under part V of chapter 1002 or the coalition’s school
  436  readiness program. To meet this requirement an early learning
  437  coalition must appoint additional members. The Office of Early
  438  Learning shall establish criteria for appointing private sector
  439  business members. These criteria must include standards for
  440  determining whether a member or relative has a substantial
  441  financial interest in the design or delivery of the Voluntary
  442  Prekindergarten Education Program or the coalition’s school
  443  readiness program.
  444         8. A majority of the voting membership of an early learning
  445  coalition constitutes a quorum required to conduct the business
  446  of the coalition. An early learning coalition board may use any
  447  method of telecommunications to conduct meetings, including
  448  establishing a quorum through telecommunications, provided that
  449  the public is given proper notice of a telecommunications
  450  meeting and reasonable access to observe and, when appropriate,
  451  participate.
  452         9. A voting member of an early learning coalition may not
  453  appoint a designee to act in his or her place, except as
  454  otherwise provided in this paragraph. A voting member may send a
  455  representative to coalition meetings, but that representative
  456  does not have voting privileges. When a district administrator
  457  for the Department of Children and Family Services appoints a
  458  designee to an early learning coalition, the designee is the
  459  voting member of the coalition, and any individual attending in
  460  the designee’s place, including the district administrator, does
  461  not have voting privileges.
  462         10. Each member of an early learning coalition is subject
  463  to ss. 112.313, 112.3135, and 112.3143. For purposes of s.
  464  112.3143(3)(a), each voting member is a local public officer who
  465  must abstain from voting when a voting conflict exists.
  466         11. For purposes of tort liability, each member or employee
  467  of an early learning coalition shall be governed by s. 768.28.
  468         12. An early learning coalition serving a multicounty
  469  region must include representation from each county.
  470         13. Each early learning coalition shall establish terms for
  471  all appointed members of the coalition. The terms must be
  472  staggered and must be a uniform length that does not exceed 4
  473  years per term. Coalition chairs shall be appointed for 4 years
  474  in conjunction with their membership on the Early Learning
  475  Advisory Council under s. 20.052. Appointed members may serve a
  476  maximum of two consecutive terms. When a vacancy occurs in an
  477  appointed position, the coalition must advertise the vacancy.
  478         (b) Limitation.—Except as provided by law, the early
  479  learning coalitions may not impose requirements on a child care
  480  or early childhood education provider that does not deliver
  481  services under the school readiness programs or receive state,
  482  federal, required maintenance of effort, or matching funds under
  483  this section.
  484         (c) Program expectations.—
  485         1. The school readiness program must meet the following
  486  expectations:
  487         a. The program must, at a minimum, enhance the age
  488  appropriate progress of each child in attaining the performance
  489  standards and outcome measures adopted by the Office of Early
  490  Learning.
  491         b. The program must provide extended-day and extended-year
  492  services to the maximum extent possible without compromising the
  493  quality of the program to meet the needs of parents who work.
  494         c. The program must provide a coordinated professional
  495  development system that supports the achievement and maintenance
  496  of core competencies by school readiness instructors in helping
  497  children attain the performance standards and outcome measures
  498  adopted by the Office of Early Learning.
  499         d. There must be expanded access to community services and
  500  resources for families to help achieve economic self
  501  sufficiency.
  502         e. There must be a single point of entry and unified
  503  waiting list. As used in this sub-subparagraph, the term “single
  504  point of entry” means an integrated information system that
  505  allows a parent to enroll his or her child in the school
  506  readiness program at various locations throughout a county, that
  507  may allow a parent to enroll his or her child by telephone or
  508  through an Internet website, and that uses a unified waiting
  509  list to track eligible children waiting for enrollment in the
  510  school readiness program. The Office of Early Learning shall
  511  establish through technology a single statewide information
  512  system that each coalition must use for the purposes of managing
  513  the single point of entry, tracking children’s progress,
  514  coordinating services among stakeholders, determining
  515  eligibility, tracking child attendance, and streamlining
  516  administrative processes for providers and early learning
  517  coalitions.
  518         f. The Office of Early Learning must consider the access of
  519  eligible children to the school readiness program, as
  520  demonstrated in part by waiting lists, before approving a
  521  proposed increase in payment rates submitted by an early
  522  learning coalition. In addition, early learning coalitions shall
  523  use school readiness funds made available due to enrollment
  524  shifts from school readiness programs to the Voluntary
  525  Prekindergarten Education Program for increasing the number of
  526  children served in school readiness programs before increasing
  527  payment rates.
  528         f.g. The program must meet all state licensing guidelines,
  529  where applicable.
  530         g.h. The program must ensure that minimum standards for
  531  child discipline practices are age-appropriate. Such standards
  532  must provide that children not be subjected to discipline that
  533  is severe, humiliating, or frightening or discipline that is
  534  associated with food, rest, or toileting. Spanking or any other
  535  form of physical punishment is prohibited.
  536         2. Each early learning coalition must implement a
  537  comprehensive program of school readiness services in accordance
  538  with the rules adopted by the office which enhance the
  539  cognitive, social, and physical development of children to
  540  achieve the performance standards and outcome measures. At a
  541  minimum, these programs must contain the following system
  542  support service elements:
  543         a. Developmentally appropriate curriculum designed to
  544  enhance the age-appropriate progress of children in attaining
  545  the performance standards adopted by the Office of Early
  546  Learning under subparagraph (4)(d)9 (4)(d)8.
  547         b. A character development program to develop basic values.
  548         c. An age-appropriate screening of each child’s
  549  development.
  550         d. An age-appropriate preassessment and postassessment of
  551  children as provided in subsection (4) assessment administered
  552  to children when they enter a program and an age-appropriate
  553  assessment administered to children when they leave the program.
  554         e. An appropriate staff-to-children ratio, pursuant to s.
  555  402.305(4) or s. 402.302(8) or (11), as applicable, and as
  556  verified pursuant to s. 402.311.
  557         f. A healthy and safe environment pursuant to s.
  558  401.305(5), (6), and (7), as applicable, and as verified
  559  pursuant to s. 402.311.
  560         g. A resource and referral network established under s.
  561  411.0101 to assist parents in making an informed choice and a
  562  regional Warm-Line under s. 411.01015.
  563  
  564  The Office of Early Learning and early learning coalitions shall
  565  coordinate with the Child Care Services Program Office of the
  566  Department of Children and Family Services to minimize
  567  duplicating interagency activities pertaining to acquiring and
  568  composing data for child care training and credentialing.
  569         (d) Implementation.—
  570         1. An early learning coalition may not implement the school
  571  readiness program until the coalition’s school readiness plan is
  572  approved by the Office of Early Learning.
  573         2. Each early learning coalition shall coordinate with one
  574  another to implement a comprehensive program of school readiness
  575  services which enhances the cognitive, social, physical, and
  576  moral character of the children to achieve the performance
  577  standards and outcome measures and which helps families achieve
  578  economic self-sufficiency. Such program must contain, at a
  579  minimum, the following elements:
  580         a. Implement the school readiness program to meet the
  581  requirements of this section and the system support services,
  582  performance standards, and outcome measures adopted by the
  583  Office of Early Learning.
  584         b. Demonstrate how the program will ensure that each child
  585  from birth through 5 years of age in a publicly funded school
  586  readiness program receives scheduled activities and instruction
  587  designed to enhance the age-appropriate progress of the children
  588  in attaining the performance standards adopted by the department
  589  under subparagraph (4)(d)9 (4)(d)8.
  590         c. Ensure that the coalition has solicited and considered
  591  comments regarding the proposed school readiness plan from the
  592  local community.
  593  
  594  Before implementing the school readiness program, the early
  595  learning coalition must submit the plan to the office for
  596  approval. The office may approve the plan, reject the plan, or
  597  approve the plan with conditions. The office shall review school
  598  readiness plans at least every 2 years.
  599         3. If the Office of Early Learning determines during the
  600  review of school readiness plans, or through monitoring and
  601  performance evaluations conducted under paragraph (4)(m) (4)(l),
  602  that an early learning coalition has not substantially
  603  implemented its plan, has not substantially met the performance
  604  standards and outcome measures adopted by the office, or has not
  605  effectively administered the school readiness program or
  606  Voluntary Prekindergarten Education Program, the office may
  607  dissolve the coalition and temporarily contract with a qualified
  608  entity to continue school readiness and prekindergarten services
  609  in the coalition’s county or multicounty region until the office
  610  reestablishes the coalition and a new school readiness plan is
  611  approved in accordance with the rules adopted by the office.
  612         4. The Office of Early Learning shall adopt rules
  613  establishing criteria for the approval of school readiness
  614  plans. The criteria must be consistent with the system support
  615  services, performance standards, and outcome measures adopted by
  616  the office and must require each approved plan to include the
  617  following minimum standards for the school readiness program:
  618         a. A community plan that addresses the needs of all
  619  children and providers within the coalition’s county or
  620  multicounty region.
  621         b. Require a parent copayment of at least 10 percent of a
  622  family’s income A sliding fee scale establishing a copayment for
  623  parents based upon their ability to pay, which is the same for
  624  all program providers. An early learning coalition may grant a
  625  waiver from the required parent copayment on a case-by-case
  626  basis and in accordance with federal law.
  627         c. A choice of settings and locations in licensed,
  628  registered, religious-exempt, or school-based programs to be
  629  provided to parents.
  630         d. Specific eligibility priorities for children in
  631  accordance with subsection (6).
  632         e. Performance standards and outcome measures adopted by
  633  the office.
  634         f. Payment rates adopted by the early learning coalitions
  635  and approved by the office. Payment rates may not have the
  636  effect of limiting parental choice or creating standards or
  637  levels of services that have not been expressly established by
  638  the Legislature, unless the creation of such standards or levels
  639  of service, which must be uniform throughout the state, has been
  640  approved by the Federal Government and result in the state being
  641  eligible to receive additional federal funds available for early
  642  learning on a statewide basis.
  643         f.g. Direct enhancement services for families and children.
  644  System support and direct enhancement services shall be in
  645  addition to payments for the placement of children in school
  646  readiness programs. Direct enhancement services for families may
  647  include parent training and involvement activities and
  648  strategies to meet the needs of unique populations and local
  649  eligibility priorities. Enhancement services for children may
  650  include provider supports and professional development approved
  651  in the plan by the Office of Early Learning.
  652         g.h. The business organization of the early learning
  653  coalition, which must include the coalition’s articles of
  654  incorporation and bylaws if the coalition is organized as a
  655  corporation. If the coalition is not organized as a corporation
  656  or other business entity, the plan must include the contract
  657  with a fiscal agent. An early learning coalition may contract
  658  with other coalitions to achieve efficiency in multicounty
  659  services, and these contracts may be part of the coalition’s
  660  school readiness plan.
  661         h.i. The implementation of locally developed quality
  662  programs in accordance with the requirements adopted by the
  663  office under subparagraph (4)(d)6 (4)(d)5.
  664  
  665  The Office of Early Learning may request the Governor to apply
  666  for a waiver to allow the coalition to administer the Head Start
  667  Program to accomplish the purposes of the school readiness
  668  program.
  669         5. Persons with an early childhood teaching certificate may
  670  provide support and supervision to other staff in the school
  671  readiness program.
  672         6. An early learning coalition may not implement its school
  673  readiness plan until it submits the plan to and receives
  674  approval from the Office of Early Learning. Once the plan is
  675  approved, the plan and the services provided under the plan
  676  shall be controlled by the early learning coalition. The plan
  677  shall be reviewed and revised as necessary, but at least
  678  biennially. An early learning coalition may not implement the
  679  revisions until the coalition submits the revised plan to and
  680  receives approval from the office. If the office rejects a
  681  revised plan, the coalition must continue to operate under its
  682  prior approved plan.
  683         7. Section 125.901(2)(a)3. does not apply to school
  684  readiness programs. The Office of Early Learning may apply to
  685  the Governor and Cabinet for a waiver of, and the Governor and
  686  Cabinet may waive, any of the provisions of ss. 411.223 and
  687  1003.54, if the waiver is necessary for implementation of school
  688  readiness programs.
  689         8. Two or more early learning coalitions may join for
  690  purposes of planning and implementing a school readiness
  691  program.
  692         (e) Requests for proposals; payment schedule.—
  693         1. Each early learning coalition must comply with the
  694  procurement and expenditure procedures adopted by the Office of
  695  Early Learning, including, but not limited to, applying the
  696  procurement and expenditure procedures required by federal law
  697  for the expenditure of federal funds.
  698         2. Each early learning coalition shall adopt a payment
  699  schedule that encompasses all programs funded under this
  700  section. The payment schedule must take into consideration the
  701  prevailing market rate, must include the projected number of
  702  children to be served, and must be submitted for approval by the
  703  Office of Early Learning. Informal child care arrangements shall
  704  be reimbursed at not more than 50 percent of the rate adopted
  705  for a family day care home.
  706         (f) Evaluation and annual report.—Each early learning
  707  coalition shall conduct an evaluation of its implementation of
  708  the school readiness program, including system support services,
  709  performance standards, and outcome measures, and shall provide
  710  an annual report and fiscal statement to the Office of Early
  711  Learning. This report must also include an evaluation of the
  712  effectiveness of its direct enhancement services and conform to
  713  the content and format specifications adopted by the Office of
  714  Early Learning. The Office of Early Learning must include an
  715  analysis of the early learning coalitions’ reports in the
  716  office’s annual report.
  717         (6) PROGRAM ELIGIBILITY.—The school readiness program is
  718  established for children from birth to the beginning of the
  719  school year for which a child is eligible for admission to
  720  kindergarten in a public school under s. 1003.21(1)(a)2. or who
  721  are eligible for any federal subsidized child care program. Each
  722  early learning coalition shall give priority for participation
  723  in the school readiness program as follows:
  724         (a) Priority shall be given first to a child from birth
  725  through 12 years of age who is from a family in which there is
  726  an adult receiving temporary cash assistance who is subject to
  727  federal work requirements.
  728         (b) Priority shall be given next to an at-risk a child from
  729  birth through 12 years of age who is eligible for a school
  730  readiness program but who has not yet entered school, who is
  731  served by the Family Safety Program Office of the Department of
  732  Children and Family Services or a community-based lead agency
  733  under chapter 39 or chapter 409, and for whom child care is
  734  needed to minimize risk of further abuse, neglect, or
  735  abandonment.
  736         (c) Priority shall be given next to a child from birth
  737  through the beginning of the school year for which the child is
  738  eligible for admission to kindergarten in a public school under
  739  s. 1003.21(1)(a)2., who is from a working family that is
  740  economically disadvantaged, including children of agricultural
  741  workers. However, the child ceases to be eligible if his or her
  742  family income exceeds 200 percent of the federal poverty level.
  743  In addition, priority shall be given to a child who has special
  744  needs, who is 3 through 5 years of age, who has been determined
  745  eligible as a student with disabilities, and who has a current
  746  individual education plan.
  747         (d) Priority shall be given next to a child who is younger
  748  than 13 years of age and who is a sibling of a child enrolled in
  749  the school readiness program under paragraph (c).
  750         (e)Notwithstanding paragraphs (a)-(d), priority shall be
  751  given last to a child who otherwise meets the eligibility
  752  criteria in paragraph (c), but who is also enrolled concurrently
  753  in the federal Head Start program and the Voluntary
  754  Prekindergarten Education Program.
  755  
  756  An early learning coalition may not disenroll any school
  757  readiness child who is receiving services under the eligibility
  758  priorities in effect on June 30, 2012, until such child is no
  759  longer eligible under those priorities. An early learning
  760  coalition shall enroll all eligible children, including those
  761  from its waiting list, in accordance with the eligibility
  762  priorities in this paragraph.
  763         (c) Subsequent priority shall be given to a child who meets
  764  one or more of the following criteria:
  765         1. A child who is younger than the age of kindergarten
  766  eligibility and:
  767         a. Is at risk of welfare dependency, including an
  768  economically disadvantaged child, a child of a participant in
  769  the welfare transition program, a child of a migratory
  770  agricultural worker, or a child of a teen parent.
  771         b. Is a member of a working family that is economically
  772  disadvantaged.
  773         c. For whom financial assistance is provided through the
  774  Relative Caregiver Program under s. 39.5085.
  775         2. A 3-year-old child or 4-year-old child who may not be
  776  economically disadvantaged but who has a disability; has been
  777  served in a specific part-time exceptional education program or
  778  a combination of part-time exceptional education programs with
  779  required special services, aids, or equipment; and was
  780  previously reported for funding part time under the Florida
  781  Education Finance Program as an exceptional student.
  782         3. An economically disadvantaged child, a child with a
  783  disability, or a child at risk of future school failure, from
  784  birth to 4 years of age, who is served at home through a home
  785  visitor program and an intensive parent education program.
  786         4. A child who meets federal and state eligibility
  787  requirements for the migrant preschool program but who is not
  788  economically disadvantaged.
  789  
  790  As used in this paragraph, the term “economically disadvantaged”
  791  means having a family income that does not exceed 150 percent of
  792  the federal poverty level. Notwithstanding any change in a
  793  family’s economic status, but subject to additional family
  794  contributions in accordance with the parent copayment under sub
  795  subparagraph (5)(d)4.b. sliding fee scale, a child who meets the
  796  eligibility requirements upon initial registration for the
  797  program remains eligible until the beginning of the school year
  798  for which the child is eligible for admission to kindergarten in
  799  a public school under s. 1003.21(1)(a)2.
  800         (7) PARENTAL CHOICE.—
  801         (a) Parental choice of child care providers shall be
  802  established, to the maximum extent practicable, in accordance
  803  with 45 C.F.R. s. 98.30.
  804         (b) As used in this subsection, the term “payment
  805  certificate” means a child care certificate as defined in 45
  806  C.F.R. s. 98.2.
  807         (c) The school readiness program shall, in accordance with
  808  45 C.F.R. s. 98.30, provide parental choice through a payment
  809  certificate that ensures, to the maximum extent possible,
  810  flexibility in the school readiness program and payment
  811  arrangements. The payment certificate must bear the names of the
  812  beneficiary and the program provider and, when redeemed, must
  813  bear the signatures of both the beneficiary and an authorized
  814  representative of the provider.
  815         (d) If it is determined that a provider has given any cash
  816  to the beneficiary in return for receiving a payment
  817  certificate, the early learning coalition or its fiscal agent
  818  shall refer the matter to the Department of Financial Services
  819  pursuant to s. 414.411 for investigation.
  820         (e) The office of the Chief Financial Officer shall
  821  establish an electronic transfer system for the disbursement of
  822  funds in accordance with this subsection. Each early learning
  823  coalition shall fully implement the electronic funds transfer
  824  system within 2 years after approval of the coalition’s school
  825  readiness plan, unless a waiver is obtained from the Office of
  826  Early Learning.
  827         (8) STANDARDS; OUTCOME MEASURES.—A program provider
  828  participating in the school readiness program must meet the
  829  performance standards and outcome measures adopted by the Office
  830  of Early Learning.
  831         (9) FUNDING; SCHOOL READINESS PROGRAM.—
  832         (a) Funding for the school readiness program shall be
  833  allocated among the early learning coalitions in accordance with
  834  this section or as provided in the General Appropriations Act.
  835  It is the intent of this section to establish an integrated and
  836  quality seamless service delivery system for all publicly funded
  837  early childhood education and child care programs operating in
  838  this state.
  839         (b)1. The Office of Early Learning shall administer school
  840  readiness funds, plans, and policies and shall prepare and
  841  submit a unified budget request for the school readiness system
  842  in accordance with chapter 216.
  843         2. All instructions to early learning coalitions for
  844  administering this section shall emanate from the Office of
  845  Early Learning in accordance with the policies of the
  846  Legislature.
  847         (c) The Office of Early Learning, subject to legislative
  848  notice and review under s. 216.177, shall establish a formula
  849  for the allocation of all state and federal school readiness
  850  funds provided for children participating in the school
  851  readiness program, whether served by a public or private
  852  provider, based upon equity for each county. The allocation
  853  formula must be submitted to the Governor, the chair of the
  854  Senate Ways and Means Committee or its successor, and the chair
  855  of the House of Representatives Fiscal Council or its successor
  856  no later than January 1 of each year. If the Legislature
  857  specifies changes to the allocation formula, the Office of Early
  858  Learning shall allocate funds as specified in the General
  859  Appropriations Act.
  860         (d) All state, federal, and required local maintenance-of
  861  effort or matching funds provided to an early learning coalition
  862  for purposes of this section shall be used for implementation of
  863  its approved school readiness plan, including the hiring of
  864  staff to effectively operate the coalition’s school readiness
  865  program. As part of plan approval and periodic plan review, the
  866  Office of Early Learning shall require that administrative costs
  867  be kept to the minimum necessary for efficient and effective
  868  administration of the school readiness plan, but no more than 18
  869  percent may be used for administrative, nondirect, and quality
  870  expenditures, of which the total administrative expenditures
  871  must not exceed 4 5 percent unless specifically waived by the
  872  Office of Early Learning. The Office of Early Learning may
  873  provide a waiver of this limitation to an early learning
  874  coalition during the 2012-2013 and 2013-2014 fiscal years if the
  875  early learning coalition provides adequate documentation
  876  justifying why it could not meet this limitation. The Office of
  877  Early Learning shall annually report to the Legislature any
  878  problems relating to administrative costs.
  879         (e) For each early learning coalition, the Office of Early
  880  Learning shall adopt payment rates for school readiness
  881  providers based on the prevailing market rate schedule
  882  calculated under s. 411.01013. By July 1, 2015, the Office of
  883  Early Learning shall ensure that the payment rates are uniform
  884  statewide by care level and provider type. Each school readiness
  885  provider payment shall be based on the uniform statewide rate
  886  multiplied by the district cost differential as determined in s.
  887  1011.62(2) for the county in which the school readiness provider
  888  is located.
  889         (f)(e) The Office of Early Learning shall annually
  890  distribute, to a maximum extent practicable, all eligible funds
  891  provided under this section as block grants to the early
  892  learning coalitions in accordance with the terms and conditions
  893  specified by the office.
  894         (g)(f) State funds appropriated for the school readiness
  895  program may not be used for the construction of new facilities
  896  or the purchase of buses.
  897         (h)(g) All cost savings and all revenues received through a
  898  mandatory parent copayment sliding fee scale shall be used to
  899  help fund each early learning coalition’s school readiness
  900  program.
  901         (10) CONFLICTING PROVISIONS.—If a conflict exists between
  902  this section and federal requirements, the federal requirements
  903  control.
  904         (11) INVESTIGATIONS OF FRAUD OR OVERPAYMENT; PENALTIES.—
  905         (a)The Office of Early Learning may investigate early
  906  learning coalitions, recipients, and providers of the school
  907  readiness program. While conducting such investigation, the
  908  office may examine all records, including electronic benefits
  909  transfer records and make inquiry of all persons who may have
  910  knowledge as to any irregularity incidental to the disbursement
  911  of public moneys or other items or benefits authorizations to
  912  recipients. All school readiness recipients, as a condition
  913  precedent to qualification for public assistance under this
  914  chapter, must give in writing, on a form prescribed by rule of
  915  the Office of Early Learning, to the early learning coalition
  916  and to the Office of Early Learning, consent to make inquiry of
  917  past or present employers and records, financial or otherwise.
  918         (b)The Office of Early Learning may employ persons having
  919  qualifications that are useful in conducting an investigation
  920  authorized under this subsection.
  921         (c)The results of the investigation shall be reported by
  922  the Office of Early Learning to the appropriate legislative
  923  committees, the Department of Education, the Department of
  924  Financial Services, the Department of Children and Family
  925  Services, and to such others as the office may determine
  926  appropriate.
  927         (d)The Department of Financial Services, the Department of
  928  Education, and the Department of Children and Family Services
  929  shall report to the Office of Early Learning the final
  930  disposition of all cases wherein action has been taken, whether
  931  criminal, civil, or administrative, based upon information
  932  furnished by the Office of Early Learning.
  933         (e)All lawful fees and expenses of officers and witnesses,
  934  expenses incident to taking testimony and transcripts of
  935  testimony, and proceedings are a proper charge to the Office of
  936  Early Learning.
  937         (f)This subsection shall be liberally construed in order
  938  to effectively carry out the purposes of this subsection in the
  939  interest of protecting public moneys and other public property.
  940         (g) Based on the results of the investigation, in addition
  941  to the reporting requirement in paragraph (c), the Office of
  942  Early Learning may refer the investigation for criminal
  943  prosecution, seek civil enforcement, or refer the matter to the
  944  applicable early learning coalition.
  945         (h) When the early learning coalition receives the referral
  946  described in paragraph (g), the early learning coalition may
  947  pursue reimbursement through the court system, suspend or deny
  948  the provider or client from further participation in the school
  949  readiness program, or create a repayment plan or other
  950  appropriate civil or administrative remedies.
  951         (i) If an early learning coalition or other subrecipient
  952  reviews and determines that a school readiness provider has
  953  fraudulently misrepresented enrollment or attendance in order to
  954  receive funds related to the school readiness program, the early
  955  learning coalition or other subrecipient may not contract or use
  956  the services of that provider for a minimum of 3 years after
  957  such determination.
  958         (j) If a school readiness provider, after the investigation
  959  and adjudication by a court of competent jurisdiction, has been
  960  convicted of fraudulently misrepresenting eligibility,
  961  enrollment, or attendance related to the school readiness
  962  program, the early learning coalition shall permanently refrain
  963  from contracting with, or using the services of, that provider.
  964         (k) As a condition of school readiness eligibility, subject
  965  to federal approval, a school readiness recipient shall agree in
  966  writing to forfeit all entitlements to any goods or services
  967  provided through the school readiness program for 3 years if the
  968  school readiness recipient has been found to have committed
  969  public assistance fraud, through judicial or administrative
  970  determination. This paragraph applies only to the school
  971  readiness recipient found to have committed or participated in
  972  public assistance fraud and does not apply to any family member
  973  of the recipient who was not involved in the fraud.
  974         (11) SUBSTITUTE INSTRUCTORS.—Each school district shall
  975  make a list of all individuals currently eligible to act as a
  976  substitute teacher within the county pursuant to the rules
  977  adopted by the school district pursuant to s. 1012.35 available
  978  to an early learning coalition serving students within the
  979  school district. Child care facilities, as defined by s.
  980  402.302, may employ individuals listed as substitute instructors
  981  for the purpose of offering the school readiness program, the
  982  Voluntary Prekindergarten Education Program, and all other
  983  legally operating child care programs.
  984         Section 2. Subsection (1) of section 411.0101, Florida
  985  Statutes, is amended to read:
  986         411.0101 Child care and early childhood resource and
  987  referral.—
  988         (1) As a part of the school readiness programs, the Office
  989  of Early Learning shall establish a statewide child care
  990  resource and referral network that is unbiased and provides
  991  referrals to families for child care. Preference shall be given
  992  to using the already established early learning coalitions as
  993  the child care resource and referral agencies. If an early
  994  learning coalition cannot comply with the requirements to offer
  995  the resource information component or does not want to offer
  996  that service, the early learning coalition shall select the
  997  resource and referral agency for its county or multicounty
  998  region based upon a request for proposal pursuant to s.
  999  411.01(5)(e) 411.01(5)(e)1.
 1000         Section 3. Section 411.01013, Florida Statutes, is amended
 1001  to read:
 1002         411.01013 Prevailing market rate schedule.—
 1003         (1) As used in this section, the term:
 1004         (a) “Market rate” means the price that a child care
 1005  provider charges for daily, weekly, or monthly child care
 1006  services.
 1007         (b) “Prevailing market rate” means the annually determined
 1008  75th percentile of a reasonable frequency distribution of the
 1009  market rate in a predetermined geographic market at which child
 1010  care providers charge a person for child care services.
 1011         (1)(2) The Office of Early Learning shall establish
 1012  procedures for the adoption of a prevailing market rate
 1013  schedule. The schedule must include, at a minimum, county-by
 1014  county rates:
 1015         (a) At the prevailing market rate, plus the maximum rate,
 1016  for child care providers that hold a Gold Seal Quality Care
 1017  designation under s. 402.281.
 1018         (b) At the prevailing market rate for child care providers
 1019  that do not hold a Gold Seal Quality Care designation.
 1020         (3) The prevailing market rate schedule, at a minimum,
 1021  must:
 1022         (a) Differentiate rates by type, including, but not limited
 1023  to, a child care provider that holds a Gold Seal Quality Care
 1024  designation under s. 402.281, a child care facility licensed
 1025  under s. 402.305, a public or nonpublic school exempt from
 1026  licensure under s. 402.3025, a faith-based child care facility
 1027  exempt from licensure under s. 402.316 that does not hold a Gold
 1028  Seal Quality Care designation, a large family child care home
 1029  licensed under s. 402.3131, or a family day care home licensed
 1030  or registered under s. 402.313.
 1031         (b) Differentiate rates by the type of child care services
 1032  provided for children with special needs or risk categories,
 1033  infants, toddlers, preschool-age children, and school-age
 1034  children.
 1035         (c) Differentiate rates between full-time and part-time
 1036  child care services.
 1037         (d) Consider discounted rates for child care services for
 1038  multiple children in a single family.
 1039         (2)(4) The prevailing market rate schedule must be based
 1040  exclusively on the prices charged for child care services. If a
 1041  conflict exists between this subsection and federal
 1042  requirements, the federal requirements shall control.
 1043         (3)(5)Each child care and early childhood education
 1044  provider that receives school readiness funds must submit its
 1045  market rate by August 1 of each year to the Office of Early
 1046  Learning for inclusion in the calculation of the prevailing
 1047  market rate schedule. The prevailing market rate shall be
 1048  considered by an early learning coalition in the adoption of a
 1049  payment schedule in accordance with s. 411.01(5)(e)2.
 1050         (4)(6) The office of Early Learning may contract with one
 1051  or more qualified entities to administer this section and
 1052  provide support and technical assistance for child care
 1053  providers.
 1054         (5)(7) The office of Early Learning may adopt rules
 1055  pursuant to ss. 120.536(1) and 120.54 for establishing
 1056  procedures for the collection of child care providers’ market
 1057  rate, the calculation of a reasonable frequency distribution of
 1058  the market rate, and the publication of a prevailing market rate
 1059  schedule.
 1060         Section 4. Section 411.0106, Florida Statutes, is amended
 1061  to read:
 1062         411.0106 Infants and toddlers in state-funded education and
 1063  care programs; brain development activities.—Each state-funded
 1064  education and care program for children from birth to 5 years of
 1065  age must provide activities to foster brain development in
 1066  infants and toddlers. A program must provide an environment that
 1067  helps children attain the performance standards adopted by the
 1068  Office of Early Learning under s. 411.01(4)(d)9. 411.01(4)(d)8.
 1069  and must be rich in language and music and filled with objects
 1070  of various colors, shapes, textures, and sizes to stimulate
 1071  visual, tactile, auditory, and linguistic senses in the children
 1072  and must include classical music and at least 30 minutes of
 1073  reading to the children each day. A program may be offered
 1074  through an existing early childhood program such as Healthy
 1075  Start, the Title I program, the school readiness program, the
 1076  Head Start program, or a private child care program. A program
 1077  must provide training for the infants’ and toddlers’ parents
 1078  including direct dialogue and interaction between teachers and
 1079  parents demonstrating the urgency of brain development in the
 1080  first year of a child’s life. Family day care centers are
 1081  encouraged, but not required, to comply with this section.
 1082         Section 5. Subsection (4) of section 1002.71, Florida
 1083  Statutes, is amended to read:
 1084         1002.71 Funding; financial and attendance reporting.—
 1085         (4) Notwithstanding s. 1002.53(3) and subsection (2):
 1086         (a) A child who, for any of the prekindergarten programs
 1087  listed in s. 1002.53(3), has not completed more than 70 percent
 1088  of the hours authorized to be reported for funding under
 1089  subsection (2), or has not expended more than 70 percent of the
 1090  funds authorized for the child under s. 1002.66, may withdraw
 1091  from the program for good cause and reenroll in one of the
 1092  programs. The total funding for a child who reenrolls in one of
 1093  the programs for good cause may not exceed one full-time
 1094  equivalent student. Funding for a child who withdraws and
 1095  reenrolls in one of the programs for good cause shall be issued
 1096  in accordance with the Office of Early Learning’s uniform
 1097  attendance policy adopted pursuant to paragraph (6)(d).
 1098         (b) A child who has not substantially completed any of the
 1099  prekindergarten programs listed in s. 1002.53(3) may withdraw
 1100  from the program due to an extreme hardship that is beyond the
 1101  child’s or parent’s control, reenroll in one of the summer
 1102  programs, and be reported for funding purposes as a full-time
 1103  equivalent student in the summer program for which the child is
 1104  reenrolled.
 1105  
 1106  A child may reenroll only once in a prekindergarten program
 1107  under this section. A child who reenrolls in a prekindergarten
 1108  program under this subsection may not subsequently withdraw from
 1109  the program and reenroll, unless the child is granted a good
 1110  cause exemption under this subsection. The Office of Early
 1111  Learning shall establish criteria specifying whether a good
 1112  cause exists for a child to withdraw from a program under
 1113  paragraph (a), whether a child has substantially completed a
 1114  program under paragraph (b), and whether an extreme hardship
 1115  exists which is beyond the child’s or parent’s control under
 1116  paragraph (b). The Office of Early Learning shall also establish
 1117  criteria for granting a good cause exemption under this
 1118  subsection.
 1119         Section 6. This act shall take effect July 1, 2012.