HB 793

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.; requiring that prekindergarten instructors in
5	school-year prekindergarten programs delivered by
6	private providers and public schools meet new
7	professional credentialing requirements beginning July
8	1, 2015; 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 2009-2010 school year, the rate of
34	Florida's third grade students who were not promoted to fourth
35	grade was 5.9 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 $211 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 teacher capacity for the
45	Voluntary Prekindergarten Education Program, based on graduation
46	rates of students receiving bachelor's degrees in early
47	childhood 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.  Subsections (3), (4), and (5) of section
57	1002.55, Florida Statutes, are amended to read:
58	1002.55  School-year prekindergarten program delivered by
59	private prekindergarten providers.-
60	(3)  To be eligible to deliver the prekindergarten program,
61	a private prekindergarten provider must meet each of the
62	following requirements:
63	(a)  The private prekindergarten provider must be a child
64	care facility licensed under s. 402.305, family day care home
65	licensed under s. 402.313, large family child care home licensed
66	under s. 402.3131, nonpublic school exempt from licensure under
67	s. 402.3025(2), or faith-based child care provider exempt from
68	licensure under s. 402.316.
69	(b)  The private prekindergarten provider must:
70	1.  Be accredited by an accrediting association that is a
71	member of the National Council for Private School Accreditation,
72	or the Florida Association of Academic Nonpublic Schools, or be
73	accredited by the Southern Association of Colleges and Schools,
74	or Western Association of Colleges and Schools, or North Central
75	Association of Colleges and Schools, or Middle States
76	Association of Colleges and Schools, or New England Association
77	of Colleges and Schools; and have written accreditation
78	standards that meet or exceed the state's licensing requirements
79	under s. 402.305, s. 402.313, or s. 402.3131 and require at
80	least one onsite visit to the provider or school before
81	accreditation is granted;
82	2.  Hold a current Gold Seal Quality Care designation under
83	s. 402.281; or
84	3.  Be licensed under s. 402.305, s. 402.313, or s.
85	402.3131 and demonstrate, before delivering the Voluntary
86	Prekindergarten Education Program, as verified by the early
87	learning coalition, that the provider meets each of the
88	requirements of the program under this part, including, but not
89	limited to, the requirements for credentials and background
90	screenings of prekindergarten instructors under paragraphs (c)
91	and (d), minimum and maximum class sizes under paragraph (f),
92	prekindergarten director credentials under paragraph (g), and a
93	developmentally appropriate curriculum under s. 1002.67(2)(b).
94	(c)  Beginning July 1, 2015:
95	1.  The private prekindergarten provider must have, for
96	each prekindergarten class composed of fewer than 12 students,
97	at least one prekindergarten instructor who holds:
98	a.  A bachelor's or higher degree in early childhood
99	education, prekindergarten or primary education, preschool
100	education, or family and consumer science; or
101	b.  A bachelor's or higher degree in elementary education,
102	if the prekindergarten instructor has been certified to teach
103	children any age from birth through grade 6, regardless of
104	whether the instructor's educator certificate is current, and if
105	the instructor is not ineligible to teach in a public school
106	because his or her educator certificate is suspended or revoked.
107	2.  The private prekindergarten provider must have, for
108	each prekindergarten class composed of 12 or more students:
109	a.  One prekindergarten instructor who meets the
110	requirements of subparagraph 1.; and
111	b.  One prekindergarten instructor who meets the following
112	requirements:
113	(I)  Holds, at a minimum, a child development associate
114	credential issued by the National Credentialing Program of the
115	Council for Professional Recognition or a credential approved by
116	the Department of Children and Family Services as being
117	equivalent to or greater than the child development associate
118	credential.
119	(II)  Successfully completes an emergent literacy training
120	course approved by the Department of Education as meeting or
121	exceeding the minimum standards adopted under s. 1002.59.
122	(c)  The private prekindergarten provider must have, for
123	each prekindergarten class of 11 children or fewer, at least one
124	prekindergarten instructor who meets each of the following
125	requirements:
126	1.  The prekindergarten instructor must hold, at a minimum,
127	one of the following credentials:
128	a.  A child development associate credential issued by the
129	National Credentialing Program of the Council for Professional
130	Recognition; or
131	b.  A credential approved by the Department of Children and
132	Family Services as being equivalent to or greater than the
133	credential described in sub-subparagraph a.
134
135	The Department of Children and Family Services may adopt rules
136	under ss. 120.536(1) and 120.54 which provide criteria and
137	procedures for approving equivalent credentials under sub-
138	subparagraph b.
139	2.  The prekindergarten instructor must successfully
140	complete an emergent literacy training course approved by the
141	department as meeting or exceeding the minimum standards adopted
142	under s. 1002.59. This subparagraph does not apply to a
143	prekindergarten instructor who successfully completes approved
144	training in early literacy and language development under s.
145	402.305(2)(d)5., s. 402.313(6), or s. 402.3131(5) before the
146	establishment of one or more emergent literacy training courses
147	under s. 1002.59 or April 1, 2005, whichever occurs later.
148	(d)  Each prekindergarten instructor employed by the
149	private prekindergarten provider must be of good moral
150	character, must be screened using the level 2 screening
151	standards in s. 435.04 before employment and rescreened at least
152	once every 5 years, must be denied employment or terminated if
153	required under s. 435.06, and must not be ineligible to teach in
154	a public school because his or her educator certificate is
155	suspended or revoked.
156	(e)  A private prekindergarten provider may assign a
157	substitute instructor to temporarily replace a credentialed
158	instructor if the credentialed instructor assigned to a
159	prekindergarten class is absent, as long as the substitute
160	instructor is of good moral character and has been screened
161	before employment in accordance with level 2 background
162	screening requirements in chapter 435. The Office of Early
163	Learning shall adopt rules to implement this paragraph which
164	shall include required qualifications of substitute instructors
165	and the circumstances and time limits for which a private
166	prekindergarten provider may assign a substitute instructor.
167	(f)  Each of the private prekindergarten provider's
168	prekindergarten classes must be composed of at least 4 students
169	but may not exceed 20 students. In order to protect the health
170	and safety of students, each private prekindergarten provider
171	must also provide appropriate adult supervision for students at
172	all times and, for Each prekindergarten class composed of 12 or
173	more students must meet the requirements in subparagraph (c)2.
174	for prekindergarten instructors, must have, in addition to a
175	prekindergarten instructor who meets the requirements of
176	paragraph (c), at least one adult prekindergarten instructor who
177	is not required to meet those requirements but who must meet
178	each requirement of paragraph (d). This paragraph does not
179	supersede any requirement imposed on a provider under ss.
180	402.301-402.319.
181	(g)  Before the beginning of the 2006-2007 school year, the
182	private prekindergarten provider must have a prekindergarten
183	director who has a prekindergarten director credential that is
184	approved by the department as meeting or exceeding the minimum
185	standards adopted under s. 1002.57. Successful completion of a
186	child care facility director credential under s. 402.305(2)(f)
187	before the establishment of the prekindergarten director
188	credential under s. 1002.57 or July 1, 2006, whichever occurs
189	later, satisfies the requirement for a prekindergarten director
190	credential under this paragraph.
191	(h)  The private prekindergarten provider must register
192	with the early learning coalition on forms prescribed by the
193	Office of Early Learning.
194	(i)  The private prekindergarten provider must deliver the
195	Voluntary Prekindergarten Education Program in accordance with
196	this part.
197	(4)  A prekindergarten instructor, in lieu of the minimum
198	credentials and courses required under paragraph (3)(c), may
199	hold one of the following educational credentials:
200	(a)  A bachelor's or higher degree in early childhood
201	education, prekindergarten or primary education, preschool
202	education, or family and consumer science;
203	(b)  A bachelor's or higher degree in elementary education,
204	if the prekindergarten instructor has been certified to teach
205	children any age from birth through 6th grade, regardless of
206	whether the instructor's educator certificate is current, and if
207	the instructor is not ineligible to teach in a public school
208	because his or her educator certificate is suspended or revoked;
209	(c)  An associate's or higher degree in child development;
210	(d)  An associate's or higher degree in an unrelated field,
211	at least 6 credit hours in early childhood education or child
212	development, and at least 480 hours of experience in teaching or
213	providing child care services for children any age from birth
214	through 8 years of age; or
215	(e)  An educational credential approved by the department
216	as being equivalent to or greater than an educational credential
217	described in this subsection. The department may adopt criteria
218	and procedures for approving equivalent educational credentials
219	under this paragraph.
220	(4)(5)  Notwithstanding paragraph (3)(b), a private
221	prekindergarten provider may not participate in the Voluntary
222	Prekindergarten Education Program if the provider has child
223	disciplinary policies that do not prohibit children from being
224	subjected to discipline that is severe, humiliating,
225	frightening, or associated with food, rest, toileting, spanking,
226	or any other form of physical punishment as provided in s.
227	402.305(12).
228	Section 2.  Subsection (4) of section 1002.61, Florida
229	Statutes, is amended to read:
230	1002.61  Summer prekindergarten program delivered by public
231	schools and private prekindergarten providers.-
232	(4)  Notwithstanding ss. 1002.55(3)(c) 1002.55(3)(c)1. and
233	1002.63(4), each public school and private prekindergarten
234	provider must have, for each prekindergarten class, at least one
235	prekindergarten instructor who:
236	(a)  Is a certified teacher; or
237	(b)  Holds one of the educational credentials specified in
238	s. 1002.55(3)(c)1. 1002.55(4)(a) or (b).
239
240	As used in this subsection, the term "certified teacher" means a
241	teacher holding a valid Florida educator certificate under s.
242	1012.56 who has the qualifications required by the district
243	school board to instruct students in the summer prekindergarten
244	program. In selecting instructional staff for the summer
245	prekindergarten program, each school district shall give
246	priority to teachers who have experience or coursework in early
247	childhood education.
248	Section 3.  Subsections (4) and (7) of section 1002.63,
249	Florida Statutes, are amended to read:
250	1002.63  School-year prekindergarten program delivered by
251	public schools.-
252	(4)  Each prekindergarten class in a public school
253	delivering the school-year prekindergarten program must meet the
254	requirements in s. 1002.55(3)(c) for prekindergarten
255	instructors. Each public school must have, for each
256	prekindergarten class, at least one prekindergarten instructor
257	who meets each requirement in s. 1002.55(3)(c) for a
258	prekindergarten instructor of a private prekindergarten
259	provider.
260	(7)  Each prekindergarten class in a public school
261	delivering the school-year prekindergarten program must be
262	composed of at least 4 students but may not exceed 20 students.
263	In order to protect the health and safety of students, each
264	school must also provide appropriate adult supervision for
265	students at all times and, for Each prekindergarten class
266	composed of 12 or more students must meet the requirements in s.
267	1002.55(3)(c)2. for prekindergarten instructors, must have, in
268	addition to a prekindergarten instructor who meets the
269	requirements of s. 1002.55(3)(c), at least one adult
270	prekindergarten instructor who is not required to meet those
271	requirements but who must meet each requirement of subsection
272	(5).
273	Section 4.  Subsection (5) of section 1007.23, Florida
274	Statutes, is amended to read:
275	1007.23  Statewide articulation agreement.-
276	(5)  The articulation agreement must guarantee the
277	articulation of 9 credit hours toward a postsecondary degree in
278	early childhood education for programs approved by the State
279	Board of Education and the Board of Governors which:
280	(a)  Award a child development associate credential issued
281	by the National Credentialing Program of the Council for
282	Professional Recognition or award a credential approved under s.
283	1002.55(3)(c)2.b. 1002.55(3)(c)1.b. or s. 402.305(3)(c) as being
284	equivalent to the child development associate credential; and
285	(b)  Include training in emergent literacy which meets or
286	exceeds the minimum standards for training courses for
287	prekindergarten instructors of the Voluntary Prekindergarten
288	Education Program in s. 1002.59.
289	Section 5.  Section 1002.65, Florida Statutes, is repealed.
290	Section 6.  This act shall take effect July 1, 2012.

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