Florida Senate - 2013 PROPOSED COMMITTEE SUBSTITUTE
Bill No. CS for SB 1722
Barcode 428226
576-04535-13
Proposed Committee Substitute by the Committee on Appropriations
(Appropriations Subcommittee on Education)
1 A bill to be entitled
2 An act relating to early learning; creating s.
3 1001.213, F.S.; creating the Office of Early Learning
4 within the Department of Education’s Office of
5 Independent Education and Parental Choice; providing
6 duties relating to the establishment and operation of
7 the school readiness program and the Voluntary
8 Prekindergarten Education Program; amending s.
9 1002.51, F.S.; conforming a cross-reference; providing
10 a definition; amending s. 1002.53, F.S.; clarifying
11 Voluntary Prekindergarten Education Program student
12 enrollment provisions; amending s. 1002.55, F.S.;
13 providing additional requirements for private
14 prekindergarten providers and instructors; providing
15 duties of the office; amending s. 1002.57, F.S.;
16 requiring the office to adopt standards for a
17 prekindergarten director credential; amending s.
18 1002.59, F.S.; requiring the office to adopt standards
19 for training courses; amending s. 1002.61, F.S.;
20 providing a requirement for a public school delivering
21 the summer prekindergarten program; amending s.
22 1002.63, F.S.; providing a requirement for a public
23 school delivering the school-year prekindergarten
24 program; amending s. 1002.66, F.S.; deleting obsolete
25 provisions; amending s. 1002.67, F.S.; requiring the
26 office to adopt performance standards for students in
27 the Voluntary Prekindergarten Education Program and
28 approve curricula; revising provisions relating to
29 removal of provider eligibility, submission of an
30 improvement plan, and required corrective actions;
31 amending s. 1002.69, F.S.; providing duties of the
32 office relating to statewide kindergarten screening,
33 kindergarten readiness rates, and good cause
34 exemptions for providers; amending s. 1002.71, F.S.;
35 revising provisions relating to payment of funds to
36 providers; amending s. 1002.72, F.S.; providing for
37 the release of Voluntary Prekindergarten Education
38 Program student records for the purpose of
39 investigations; amending s. 1002.75, F.S.; revising
40 duties of the office for administering the Voluntary
41 Prekindergarten Education Program; amending s.
42 1002.77, F.S.; revising provisions relating to the
43 Florida Early Learning Advisory Council; amending s.
44 1002.79, F.S.; deleting certain State Board of
45 Education rulemaking authority for the Voluntary
46 Prekindergarten Education Program; creating part VI of
47 ch. 1002, F.S., consisting of ss. 1002.81-1002.96,
48 relating to the school readiness program; providing
49 definitions; providing powers and duties of the Office
50 of Early Learning; providing for early learning
51 coalitions; providing early learning coalition powers
52 and duties for the school readiness program; providing
53 requirements for early learning coalition plans;
54 providing a school readiness program education
55 component; providing school readiness program
56 eligibility and enrollment requirements; providing
57 school readiness program provider standards and
58 eligibility to deliver the school readiness program;
59 providing school readiness program funding; providing
60 a market rate schedule; providing for the
61 investigation of fraud or overpayment; providing
62 penalties; providing for child care and early
63 childhood resource and referral; providing for school
64 readiness program transportation services; providing
65 for the Child Care Executive Partnership Program;
66 providing for the Teacher Education and Compensation
67 Helps scholarship program; providing for Early Head
68 Start collaboration grants; transferring, renumbering,
69 and amending s. 411.011, F.S., relating to the
70 confidentiality of records of children in the school
71 readiness program; revising provisions with respect to
72 the release of records; amending s. 11.45, F.S.;
73 conforming a cross-reference; amending s. 20.15, F.S.;
74 conforming provisions; amending s. 196.198, F.S.;
75 revising provisions relating to educational property
76 tax exemption; amending s. 216.136, F.S.; conforming a
77 cross-reference; amending s. 402.281, F.S.; revising
78 requirements relating to receipt of a Gold Seal
79 Quality Care designation; amending s. 402.302, F.S.;
80 conforming a cross-reference; amending s. 402.305,
81 F.S.; providing that certain child care after-school
82 programs may provide meals through a federal program;
83 amending ss. 445.023, 490.014, and 491.014, F.S.;
84 conforming cross-references; amending s. 1001.11,
85 F.S.; providing a duty of the Commissioner of
86 Education relating to early learning programs;
87 repealing s. 411.01, F.S., relating to the school
88 readiness program and early learning coalitions;
89 repealing s. 411.0101, F.S., relating to child care
90 and early childhood resource and referral; repealing
91 s. 411.01013, F.S., relating to the prevailing market
92 rate schedule; repealing s. 411.01014, F.S., relating
93 to school readiness transportation services; repealing
94 s. 411.01015, F.S., relating to consultation to child
95 care centers and family day care homes; repealing s.
96 411.0102, F.S., relating to the Child Care Executive
97 Partnership Act; repealing s. 411.0103, F.S., relating
98 to the Teacher Education and Compensation Helps
99 scholarship program; repealing s. 411.0104, relating
100 to Early Head Start collaboration grants; repealing s.
101 411.0105, F.S., relating to the Early Learning
102 Opportunities Act and Even Start Family Literacy
103 Programs; repealing s. 411.0106, F.S., relating to
104 infants and toddlers in state-funded education and
105 care programs; authorizing specified positions for the
106 Office of Early Learning; requiring the office to
107 develop a reorganization plan for the office and
108 submit the plan to the Governor and the Legislature;
109 providing an effective date.
110
111 Be It Enacted by the Legislature of the State of Florida:
112
113 Section 1. Section 1001.213, Florida Statutes, is created
114 to read:
115 1001.213 Office of Early Learning.—The Office of Early
116 Learning is created within the Department of Education’s Office
117 of Independent Education and Parental Choice. The Office of
118 Early Learning, which shall be administered by an executive
119 director, is fully accountable to the Commissioner of Education
120 but shall:
121 (1) Independently exercise all powers, duties, and
122 functions prescribed by law and shall not be construed as part
123 of the K-20 education system.
124 (2) Adopt rules for the establishment and operation of the
125 school readiness program and the Voluntary Prekindergarten
126 Education Program. The office shall submit the rules to the
127 State Board of Education for approval or disapproval. If the
128 state board does not act on a rule within 60 days after receipt,
129 the rule shall be filed immediately with the Department of
130 State.
131 (3) In compliance with part VI of chapter 1002 and its
132 powers and duties under s. 1002.82, administer the school
133 readiness program at the state level for the state’s eligible
134 population described in s. 1002.87 and provide guidance to early
135 learning coalitions in the implementation of the program.
136 (4) In compliance with parts V and VI of chapter 1002 and
137 its powers and duties under s. 1002.75, administer the Voluntary
138 Prekindergarten Education Program at the state level.
139 (5) Administer the operational requirements of the child
140 care resource and referral network at the state level.
141 (6) Keep administrative staff to the minimum necessary to
142 administer the duties of the office.
143 Section 2. Subsection (4) of section 1002.51, Florida
144 Statutes, is amended, and subsection (8) is added to that
145 section, to read:
146 1002.51 Definitions.—As used in this part, the term:
147 (4) “Early learning coalition” or “coalition” means an
148 early learning coalition created under s. 1002.83 411.01.
149 (8) “Office” means the Office of Early Learning within the
150 Department of Education’s Office of Independent Education and
151 Parental Choice.
152 Section 3. Paragraph (a) of subsection (4) and paragraph
153 (b) of subsection (6) of section 1002.53, Florida Statutes, are
154 amended to read:
155 1002.53 Voluntary Prekindergarten Education Program;
156 eligibility and enrollment.—
157 (4)(a) Each parent enrolling a child in the Voluntary
158 Prekindergarten Education Program must complete and submit an
159 application to the early learning coalition through the single
160 point of entry established under s. 1002.82 411.01.
161 (6)(b) A parent may enroll his or her child with any public
162 school within the school district which is eligible to deliver
163 the Voluntary Prekindergarten Education Program under this part,
164 subject to available space. Each school district may limit the
165 number of students admitted by any public school for enrollment
166 in the school-year program; however, the school district must
167 provide for the admission of every eligible child within the
168 district whose parent enrolls the child in a summer
169 prekindergarten program delivered by a public school under s.
170 1002.61.
171 Section 4. Paragraphs (c) and (g) of subsection (3) of
172 section 1002.55, Florida Statutes, are amended, present
173 paragraph (i) of that subsection is redesignated as paragraph
174 (m), and new paragraphs (i), (j), (k), and (l) are added to that
175 subsection, to read:
176 1002.55 School-year prekindergarten program delivered by
177 private prekindergarten providers.—
178 (3) To be eligible to deliver the prekindergarten program,
179 a private prekindergarten provider must meet each of the
180 following requirements:
181 (c) The private prekindergarten provider must have, for
182 each prekindergarten class of 11 children or fewer, at least one
183 prekindergarten instructor who meets each of the following
184 requirements:
185 1. The prekindergarten instructor must hold, at a minimum,
186 one of the following credentials:
187 a. A child development associate credential issued by the
188 National Credentialing Program of the Council for Professional
189 Recognition; or
190 b. A credential approved by the Department of Children and
191 Families Family Services as being equivalent to or greater than
192 the credential described in sub-subparagraph a.
193
194 The Department of Children and Families Family Services may
195 adopt rules under ss. 120.536(1) and 120.54 which provide
196 criteria and procedures for approving equivalent credentials
197 under sub-subparagraph b.
198 2. The prekindergarten instructor must successfully
199 complete an emergent literacy training course and a student
200 performance standards training course approved by the office
201 department as meeting or exceeding the minimum standards adopted
202 under s. 1002.59. The requirement for completion of the
203 standards training course shall take effect July 1, 2014, and
204 the course shall be available online. This subparagraph does not
205 apply to a prekindergarten instructor who successfully completes
206 approved training in early literacy and language development
207 under s. 402.305(2)(d)5., s. 402.313(6), or s. 402.3131(5)
208 before the establishment of one or more emergent literacy
209 training courses under s. 1002.59 or April 1, 2005, whichever
210 occurs later.
211 (g) Before the beginning of the 2006-2007 school year, The
212 private prekindergarten provider must have a prekindergarten
213 director who has a prekindergarten director credential that is
214 approved by the office department as meeting or exceeding the
215 minimum standards adopted under s. 1002.57. Successful
216 completion of a child care facility director credential under s.
217 402.305(2)(f) before the establishment of the prekindergarten
218 director credential under s. 1002.57 or July 1, 2006, whichever
219 occurs later, satisfies the requirement for a prekindergarten
220 director credential under this paragraph.
221 (i) The private prekindergarten provider must execute the
222 statewide provider contract prescribed under s. 1002.75, except
223 that an individual who owns or operates multiple private
224 prekindergarten providers within a coalition’s service area may
225 execute a single agreement with the coalition on behalf of each
226 provider.
227 (j) The private prekindergarten provider must maintain
228 general liability insurance and provide the coalition with
229 written evidence of general liability insurance coverage,
230 including coverage for transportation of children if
231 prekindergarten students are transported by the provider. A
232 provider must obtain and retain an insurance policy that
233 provides a minimum of $100,000 of coverage per occurrence and a
234 minimum of $300,000 general aggregate coverage. The office may
235 authorize lower limits upon request, as appropriate. A provider
236 must add the coalition as a named certificateholder and as an
237 additional insured. A provider must provide the coalition with a
238 minimum of 10 calendar days’ advance written notice of
239 cancellation of or changes to coverage. The general liability
240 insurance required by this paragraph must remain in full force
241 and effect for the entire period of the provider contract with
242 the coalition.
243 (k) The private prekindergarten provider must obtain and
244 maintain any required workers’ compensation insurance under
245 chapter 440 and any required reemployment assistance or
246 unemployment compensation coverage under chapter 443.
247 (l) Notwithstanding paragraph (j), for a private
248 prekindergarten provider that is a state agency or a subdivision
249 thereof, as defined in s. 768.28(2), the provider must agree to
250 notify the coalition of any additional liability coverage
251 maintained by the provider in addition to that otherwise
252 established under s. 768.28. The provider shall indemnify the
253 coalition to the extent permitted by s. 768.28.
254 Section 5. Subsection (1) of section 1002.57, Florida
255 Statutes, is amended to read:
256 1002.57 Prekindergarten director credential.—
257 (1) By July 1, 2006, The office, in consultation with the
258 Department of Children and Families, department shall adopt
259 minimum standards for a credential for prekindergarten directors
260 of private prekindergarten providers delivering the Voluntary
261 Prekindergarten Education Program. The credential must encompass
262 requirements for education and onsite experience.
263 Section 6. Section 1002.59, Florida Statutes, is amended to
264 read:
265 1002.59 Emergent literacy and performance standards
266 training courses.—
267 (1) By April 1, 2005, The office department shall adopt
268 minimum standards for one or more training courses in emergent
269 literacy for prekindergarten instructors. Each course must
270 comprise 5 clock hours and provide instruction in strategies and
271 techniques to address the age-appropriate progress of
272 prekindergarten students in developing emergent literacy skills,
273 including oral communication, knowledge of print and letters,
274 phonemic and phonological awareness, and vocabulary and
275 comprehension development. Each course must also provide
276 resources containing strategies that allow students with
277 disabilities and other special needs to derive maximum benefit
278 from the Voluntary Prekindergarten Education Program. Successful
279 completion of an emergent literacy training course approved
280 under this section satisfies requirements for approved training
281 in early literacy and language development under ss.
282 402.305(2)(d)5., 402.313(6), and 402.3131(5).
283 (2) The office shall adopt minimum standards for one or
284 more training courses on the performance standards adopted under
285 s. 1002.67(1). Each course must comprise at least 3 clock hours,
286 provide instruction in strategies and techniques to address age
287 appropriate progress of each child in attaining the standards,
288 and be available online.
289 Section 7. Subsections (3), (4), and (8) of section
290 1002.61, Florida Statutes, are amended to read:
291 1002.61 Summer prekindergarten program delivered by public
292 schools and private prekindergarten providers.—
293 (3)(a) Each district school board shall determine which
294 public schools in the school district are eligible to deliver
295 the summer prekindergarten program. The school district shall
296 use educational facilities available in the public schools
297 during the summer term for the summer prekindergarten program.
298 (b) Each public school delivering the summer
299 prekindergarten program must execute the statewide provider
300 contract prescribed under s. 1002.75, except that the school
301 district may execute a single agreement with the early learning
302 coalition on behalf of all district schools.
303 (c)(b) Except as provided in this section, to be eligible
304 to deliver the summer prekindergarten program, a private
305 prekindergarten provider must meet each requirement in s.
306 1002.55.
307 (4) Notwithstanding ss. 1002.55(3)(c)1. and 1002.63(4),
308 each public school and private prekindergarten provider must
309 have, for each prekindergarten class, at least one
310 prekindergarten instructor who:
311 (a) is a certified teacher; or
312 (b) holds one of the educational credentials specified in
313 s. 1002.55(4)(a) or (b). As used in this subsection, the term
314 “certified teacher” means a teacher holding a valid Florida
315 educator certificate under s. 1012.56 who has the qualifications
316 required by the district school board to instruct students in
317 the summer prekindergarten program. In selecting instructional
318 staff for the summer prekindergarten program, each school
319 district shall give priority to teachers who have experience or
320 coursework in early childhood education.
321 (8) Each public school delivering the summer
322 prekindergarten program must also:
323 (a) register with the early learning coalition on forms
324 prescribed by the Office of Early Learning; and
325 (b) deliver the Voluntary Prekindergarten Education Program
326 in accordance with this part.
327 Section 8. Subsections (3) and (8) of section 1002.63,
328 Florida Statutes, are amended to read:
329 1002.63 School-year prekindergarten program delivered by
330 public schools.—
331 (3)(a) The district school board of each school district
332 shall determine which public schools in the district may deliver
333 the prekindergarten program during the school year.
334 (b) Each public school delivering the school-year
335 prekindergarten program must execute the statewide provider
336 contract prescribed under s. 1002.75, except that the school
337 district may execute a single agreement with the early learning
338 coalition on behalf of all district schools.
339 (8) Each public school delivering the school-year
340 prekindergarten program must:
341 (a) register with the early learning coalition on forms
342 prescribed by the Office of Early Learning; and
343 (b) deliver the Voluntary Prekindergarten Education Program
344 in accordance with this part.
345 Section 9. Subsection (1) of section 1002.66, Florida
346 Statutes, is amended to read:
347 1002.66 Specialized instructional services for children
348 with disabilities.—
349 (1) Beginning with the 2012-2013 school year, A child who
350 has a disability and enrolls with the early learning coalition
351 under s. 1002.53(3)(d) is eligible for specialized instructional
352 services if:
353 (a) The child is eligible for the Voluntary Prekindergarten
354 Education Program under s. 1002.53; and
355 (b) A current individual educational plan has been
356 developed for the child by the local school board in accordance
357 with rules of the State Board of Education.
358 Section 10. Subsection (1), paragraph (c) of subsection
359 (2), and subsection (4) of section 1002.67, Florida Statutes,
360 are amended to read:
361 1002.67 Performance standards; curricula and
362 accountability.—
363 (1)(a) The office department shall develop and adopt
364 performance standards for students in the Voluntary
365 Prekindergarten Education Program. The performance standards
366 must address the age-appropriate progress of students in the
367 development of:
368 1. The capabilities, capacities, and skills required under
369 s. 1(b), Art. IX of the State Constitution; and
370 2. Emergent literacy skills, including oral communication,
371 knowledge of print and letters, phonemic and phonological
372 awareness, and vocabulary and comprehension development.
373
374 By October 1, 2013, the office shall examine the existing
375 performance standards in the area of mathematical thinking and
376 develop a plan to make appropriate professional development and
377 training courses available to prekindergarten instructors.
378 (b) The office State Board of Education shall periodically
379 review and revise the performance standards for the statewide
380 kindergarten screening administered under s. 1002.69 and align
381 the standards to the standards established by the state board
382 for student performance on the statewide assessments
383 administered pursuant to s. 1008.22.
384 (2)
385 (c) The office department shall review and approve
386 curricula for use by private prekindergarten providers and
387 public schools that are placed on probation under paragraph
388 (4)(c). The office department shall maintain a list of the
389 curricula approved under this paragraph. Each approved
390 curriculum must meet the requirements of paragraph (b).
391 (4)(a) Each early learning coalition shall verify that each
392 private prekindergarten provider delivering the Voluntary
393 Prekindergarten Education Program within the coalition’s county
394 or multicounty region complies with this part. Each district
395 school board shall verify that each public school delivering the
396 program within the school district complies with this part.
397 (b) If a private prekindergarten provider or public school
398 fails or refuses to comply with this part, or if a provider or
399 school engages in misconduct, the office of Early Learning shall
400 require the early learning coalition to remove the provider, and
401 the Department of Education shall require the school district to
402 remove the school from eligibility to deliver the Voluntary
403 Prekindergarten Education Program and receive state funds under
404 this part for a period of 5 years.
405 (c)1. If the kindergarten readiness rate of a private
406 prekindergarten provider or public school falls below the
407 minimum rate adopted by the office State Board of Education as
408 satisfactory under s. 1002.69(6), the early learning coalition
409 or school district, as applicable, shall require the provider or
410 school to submit an improvement plan for approval by the
411 coalition or school district, as applicable, and to implement
412 the plan;.
413 2. If a private prekindergarten provider or public school
414 fails to meet the minimum rate adopted by the State Board of
415 Education as satisfactory under s. 1002.69(6), the early
416 learning coalition or school district, as applicable, shall
417 place the provider or school on probation; and shall must
418 require the provider or school to take certain corrective
419 actions, including the use of a curriculum approved by the
420 office department under paragraph (2)(c) or a staff development
421 plan to strengthen instruction in language development and
422 phonological awareness approved by the office department.
423 2.3. A private prekindergarten provider or public school
424 that is placed on probation must continue the corrective actions
425 required under subparagraph 1. 2., including the use of a
426 curriculum or a staff development plan to strengthen instruction
427 in language development and phonological awareness approved by
428 the office department, until the provider or school meets the
429 minimum rate adopted by the office State Board of Education as
430 satisfactory under s. 1002.69(6). Failure to implement an
431 approved improvement plan or staff development plan shall result
432 in the termination of the provider’s contract to deliver the
433 Voluntary Prekindergarten Education Program for a period of 5
434 years.
435 3.4. If a private prekindergarten provider or public school
436 remains on probation for 2 consecutive years and fails to meet
437 the minimum rate adopted by the office State Board of Education
438 as satisfactory under s. 1002.69(6) and is not granted a good
439 cause exemption by the office department pursuant to s.
440 1002.69(7), the office of Early Learning shall require the early
441 learning coalition or the Department of Education shall require
442 the school district to remove, as applicable, the provider or
443 school from eligibility to deliver the Voluntary Prekindergarten
444 Education Program and receive state funds for the program for a
445 period of 5 years.
446 (d) Each early learning coalition and, the office of Early
447 Learning, and the department shall coordinate with the Child
448 Care Services Program Office of the Department of Children and
449 Families Family Services to minimize interagency duplication of
450 activities for monitoring private prekindergarten providers for
451 compliance with requirements of the Voluntary Prekindergarten
452 Education Program under this part, the school readiness program
453 programs under part VI of this chapter s. 411.01, and the
454 licensing of providers under ss. 402.301-402.319.
455 Section 11. Subsections (2), (5), (6), and (7) of section
456 1002.69, Florida Statutes, are amended to read:
457 1002.69 Statewide kindergarten screening; kindergarten
458 readiness rates; state-approved prekindergarten enrollment
459 screening; good cause exemption.—
460 (2) The statewide kindergarten screening shall provide
461 objective data concerning each student’s readiness for
462 kindergarten and progress in attaining the performance standards
463 adopted by the office department under s. 1002.67(1).
464 (5) The office State Board of Education shall adopt
465 procedures for the department to annually calculate each private
466 prekindergarten provider’s and public school’s kindergarten
467 readiness rate, which must be expressed as the percentage of the
468 provider’s or school’s students who are assessed as ready for
469 kindergarten. The methodology for calculating each provider’s
470 kindergarten readiness rate must include student learning gains
471 when available and the percentage of students who meet all state
472 readiness measures. The rates must not include students who are
473 not administered the statewide kindergarten screening. The
474 office state board shall determine learning gains using a value
475 added measure based on growth demonstrated by the results of the
476 preassessment and postassessment pre- and post-assessment from
477 at least 2 successive years of administration of the
478 preassessment and postassessment pre- and post-assessment.
479 (6) The office State Board of Education shall periodically
480 adopt a minimum kindergarten readiness rate that, if achieved by
481 a private prekindergarten provider or public school, would
482 demonstrate the provider’s or school’s satisfactory delivery of
483 the Voluntary Prekindergarten Education Program.
484 (7)(a) Notwithstanding s. 1002.67(4)(c)3. 1002.67(4)(c)4.,
485 the office State Board of Education, upon the request of a
486 private prekindergarten provider or public school that remains
487 on probation for 2 consecutive years or more and subsequently
488 fails to meet the minimum rate adopted under subsection (6) and
489 for good cause shown, may grant to the provider or school an
490 exemption from being determined ineligible to deliver the
491 Voluntary Prekindergarten Education Program and receive state
492 funds for the program. Such exemption is valid for 1 year and,
493 upon the request of the private prekindergarten provider or
494 public school and for good cause shown, may be renewed.
495 (b) A private prekindergarten provider’s or public school’s
496 request for a good cause exemption, or renewal of such an
497 exemption, must be submitted to the office state board in the
498 manner and within the timeframes prescribed by the office state
499 board and must include the following:
500 1. Submission of data by the private prekindergarten
501 provider or public school which documents the achievement and
502 progress of the children served as measured by the state
503 approved prekindergarten enrollment screening and the
504 standardized postassessment approved by the office department
505 pursuant to subparagraph (c)1.
506 2. Submission and review of data available from the
507 respective early learning coalition or district school board,
508 the Department of Children and Families Family Services, local
509 licensing authority, or an accrediting association, as
510 applicable, relating to the private prekindergarten provider’s
511 or public school’s compliance with state and local health and
512 safety standards.
513 3. Submission and review of data available to the office
514 department on the performance of the children served and the
515 calculation of the private prekindergarten provider’s or public
516 school’s kindergarten readiness rate.
517 (c) The office State Board of Education shall adopt
518 criteria for granting good cause exemptions. Such criteria shall
519 include, but are not limited to:
520 1. Learning gains of children served in the Voluntary
521 Prekindergarten Education Program by the private prekindergarten
522 provider or public school.
523 2. Verification that local and state health and safety
524 requirements are met.
525 (d) A good cause exemption may not be granted to any
526 private prekindergarten provider that has any class I violations
527 or two or more class II violations within the 2 years preceding
528 the provider’s or school’s request for the exemption. For
529 purposes of this paragraph, class I and class II violations have
530 the same meaning as provided in s. 402.281(4).
531 (e) A private prekindergarten provider or public school
532 granted a good cause exemption shall continue to implement its
533 improvement plan and continue the corrective actions required
534 under s. 1002.67(4)(c)1. 1002.67(4)(c)2., including the use of a
535 curriculum approved by the office department, until the provider
536 or school meets the minimum rate adopted under subsection (6).
537 (f) The State Board of Education shall notify the Office of
538 Early Learning of any good cause exemption granted to a private
539 prekindergarten provider under this subsection. If a good cause
540 exemption is granted to a private prekindergarten provider who
541 remains on probation for 2 consecutive years, the office of
542 Early Learning shall notify the early learning coalition of the
543 good cause exemption and direct that the coalition,
544 notwithstanding s. 1002.67(4)(c)3. 1002.67(4)(c)4., not remove
545 the provider from eligibility to deliver the Voluntary
546 Prekindergarten Education Program or to receive state funds for
547 the program, if the provider meets all other applicable
548 requirements of this part.
549 Section 12. Paragraph (d) of subsection (3) and subsections
550 (5) and (7) of section 1002.71, Florida Statutes, are amended to
551 read:
552 1002.71 Funding; financial and attendance reporting.—
553 (3)
554 (d) For programs offered by school districts pursuant to s.
555 1002.61 and beginning with the 2009 summer program, each
556 district’s funding shall be based on a student enrollment that
557 is evenly divisible by 12. If the result of dividing a
558 district’s student enrollment by 12 is not a whole number, the
559 district’s enrollment calculation shall be adjusted by adding
560 the minimum number of students to produce a student enrollment
561 calculation that is evenly divisible by 12.
562 (5)(a) Each early learning coalition shall maintain through
563 the single point of entry established under s. 1002.82 411.01 a
564 current database of the students enrolled in the Voluntary
565 Prekindergarten Education Program for each county within the
566 coalition’s region.
567 (b) The Office of Early Learning shall adopt procedures for
568 the payment of private prekindergarten providers and public
569 schools delivering the Voluntary Prekindergarten Education
570 Program. The procedures shall provide for the advance payment of
571 providers and schools based upon student enrollment in the
572 program, the certification of student attendance, and the
573 reconciliation of advance payments in accordance with the
574 uniform attendance policy adopted under paragraph (6)(d). The
575 procedures shall provide for the monthly distribution of funds
576 by the Office of Early Learning to the early learning coalitions
577 for payment by the coalitions to private prekindergarten
578 providers and public schools. The department shall transfer to
579 the Office of Early Learning at least once each quarter the
580 funds available for payment to private prekindergarten providers
581 and public schools in accordance with this paragraph from the
582 funds appropriated for that purpose.
583 (7) The Office of Early Learning shall require that
584 administrative expenditures be kept to the minimum necessary for
585 efficient and effective administration of the Voluntary
586 Prekindergarten Education Program. Administrative policies and
587 procedures shall be revised, to the maximum extent practicable,
588 to incorporate the use of automation and electronic submission
589 of forms, including those required for child eligibility and
590 enrollment, provider and class registration, and monthly
591 certification of attendance for payment. A school district may
592 use its automated daily attendance reporting system for the
593 purpose of transmitting attendance records to the early learning
594 coalition in a mutually agreed-upon format. In addition, actions
595 shall be taken to reduce paperwork, eliminate the duplication of
596 reports, and eliminate other duplicative activities. Beginning
597 with the 2011-2012 fiscal year, Each early learning coalition
598 may retain and expend no more than 4.0 percent of the funds paid
599 by the coalition to private prekindergarten providers and public
600 schools under paragraph (5)(b). Funds retained by an early
601 learning coalition under this subsection may be used only for
602 administering the Voluntary Prekindergarten Education Program
603 and may not be used for the school readiness program or other
604 programs.
605 Section 13. Paragraph (a) of subsection (3) of section
606 1002.72, Florida Statutes, is amended to read:
607 1002.72 Records of children in the Voluntary
608 Prekindergarten Education Program.—
609 (3)(a) Confidential and exempt Voluntary Prekindergarten
610 Education Program records may be released to:
611 1. The United States Secretary of Education, the United
612 States Secretary of Health and Human Services, and the
613 Comptroller General of the United States for the purpose of
614 federal audits or investigations.
615 2. Individuals or organizations conducting studies for
616 institutions to develop, validate, or administer assessments or
617 improve instruction.
618 3. Accrediting organizations in order to carry out their
619 accrediting functions.
620 4. Appropriate parties in connection with an emergency if
621 the information is necessary to protect the health or safety of
622 the child or other individuals.
623 5. The Auditor General in connection with his or her
624 official functions.
625 6. A court of competent jurisdiction in compliance with an
626 order of that court pursuant to a lawfully issued subpoena.
627 7. Parties to an interagency agreement among early learning
628 coalitions, local governmental agencies, Voluntary
629 Prekindergarten Education Program providers, or state agencies
630 for the purpose of implementing the Voluntary Prekindergarten
631 Education Program.
632 Section 14. Subsection (1) and paragraphs (a) and (d) of
633 subsection (2) of section 1002.75, Florida Statutes, are amended
634 to read:
635 1002.75 Office of Early Learning; powers and duties;
636 operational requirements.—
637 (1) The Office of Early Learning shall adopt by rule a
638 standard statewide provider contract to be used with each
639 Voluntary Prekindergarten Education Program provider, with
640 standardized attachments by provider type. The office shall
641 publish a copy of the standard statewide provider contract on
642 its website. The standard statewide contract shall include, at a
643 minimum, provisions for provider probation, termination for
644 cause, and emergency termination for those actions or inactions
645 of a provider that pose an immediate and serious danger to the
646 health, safety, or welfare of children. The standard statewide
647 contract shall also include appropriate due process procedures.
648 During the pendency of an appeal of a termination, the provider
649 may not continue to offer its services. Any provision imposed
650 upon a provider that is inconsistent with, or prohibited by, law
651 is void and unenforceable. The Office of Early Learning shall
652 administer the operational requirements of the Voluntary
653 Prekindergarten Education Program at the state level.
654 (2) The Office of Early Learning shall adopt procedures
655 governing the administration of the Voluntary Prekindergarten
656 Education Program by the early learning coalitions and school
657 districts for:
658 (a) Enrolling children in and determining the eligibility
659 of children for the Voluntary Prekindergarten Education Program
660 under s. 1002.53, which shall include the enrollment of children
661 by public schools and private providers that meet specified
662 requirements.
663 (d) Determining the eligibility of private prekindergarten
664 providers to deliver the program under ss. 1002.55 and 1002.61
665 and streamlining the process of provider eligibility whenever
666 possible.
667 Section 15. Subsections (1) through (3) of section 1002.77,
668 Florida Statutes, are amended to read:
669 1002.77 Florida Early Learning Advisory Council.—
670 (1) There is created the Florida Early Learning Advisory
671 Council within the Office of Early Learning. The purpose of the
672 advisory council is to submit recommendations to the office
673 department on the early learning best practices policy of this
674 state, including recommendations relating to the most effective
675 administration of the Voluntary Prekindergarten Education
676 Program under this part and the school readiness program
677 programs under part VI of this chapter s. 411.01. The advisory
678 council shall periodically analyze and provide recommendations
679 to the office on the effective and efficient use of local,
680 state, and federal funds; the content of professional
681 development training programs; and best practices for the
682 development and implementation of coalition plans pursuant to s.
683 1002.85.
684 (2) The advisory council shall be composed of the following
685 members:
686 (a) The chair of the advisory council who shall be
687 appointed by and serve at the pleasure of the Governor.
688 (b) The chair of each early learning coalition.
689 (c) One member who shall be appointed by and serve at the
690 pleasure of the President of the Senate.
691 (d) One member who shall be appointed by and serve at the
692 pleasure of the Speaker of the House of Representatives.
693
694 The chair of the advisory council appointed by the Governor and
695 the members appointed by the presiding officers of the
696 Legislature must be from the business community and be in
697 compliance with s. 1002.83(5) each have a background in early
698 learning.
699 (3) The advisory council shall meet at least quarterly but
700 may meet as often as necessary to carry out its duties and
701 responsibilities. The advisory council may use any method of
702 telecommunications to conduct meetings, including establishing a
703 quorum through telecommunications, only if the public is given
704 proper notice of a telecommunications meeting and reasonable
705 access to observe and, when appropriate, participate.
706 Section 16. Section 1002.79, Florida Statutes, is amended
707 to read:
708 1002.79 Rulemaking authority.—
709 (1) The State Board of Education shall adopt rules under
710 ss. 120.536(1) and 120.54 to administer the provisions of this
711 part conferring duties upon the department.
712 (2) The Office of Early Learning shall adopt rules under
713 ss. 120.536(1) and 120.54 to administer the provisions of this
714 part conferring duties upon the office.
715 Section 17. Part VI of chapter 1002, Florida Statutes,
716 consisting of sections 1002.81 through 1002.96, is created to
717 read:
718 PART VI
719 SCHOOL READINESS PROGRAM
720 1002.81 Definitions.—Consistent with the requirements of 45
721 C.F.R. parts 98 and 99 and as used in this part, the term:
722 (1) “At-risk child” means:
723 (a) A child from a family under investigation by the
724 Department of Children and Families or a designated sheriff’s
725 office for child abuse, neglect, abandonment, or exploitation.
726 (b) A child who is in a diversion program provided by the
727 Department of Children and Families or its contracted provider
728 and who is from a family that is actively participating and
729 complying in department-prescribed activities, including
730 education, health services, or work.
731 (c) A child from a family that is under supervision by the
732 Department of Children and Families or a contracted service
733 provider for abuse, neglect, abandonment, or exploitation.
734 (d) A child placed in court-ordered, long-term custody or
735 under the guardianship of a relative or nonrelative after
736 termination of supervision by the Department of Children and
737 Families or its contracted provider.
738 (e) A child in the custody of a parent who is a victim of
739 domestic violence residing in a certified domestic violence
740 center.
741 (f) A child in the custody of a parent who is considered
742 homeless as verified by a Department of Children and Families
743 certified homeless shelter.
744 (2) “Authorized hours of care” means the hours of care that
745 are necessary to provide protection, maintain employment, or
746 complete work activities or eligible educational activities,
747 including reasonable travel time.
748 (3) “Average market rate” means the biennially determined
749 average of the market rate by program care level and provider
750 type in a predetermined geographic market.
751 (4) “Direct enhancement services” means services for
752 families and children that are in addition to payments for the
753 placement of children in the school readiness program. Direct
754 enhancement services for families and children may include
755 supports for providers, parent training and involvement
756 activities, and strategies to meet the needs of unique
757 populations and local eligibility priorities. Direct enhancement
758 services offered by an early learning coalition shall be
759 consistent with the activities prescribed in s. 1002.89(6)(b).
760 (5) “Disenrollment” means the removal either temporary or
761 permanent, of a child from participation in the school readiness
762 program. Removal of a child from the school readiness program
763 may be based on the following events: a reduction in available
764 school readiness program funding, participant’s failure to meet
765 eligibility or program participation requirements, fraud, or a
766 change in local service priorities.
767 (6) “Earned income” means gross remuneration derived from
768 work, professional service, or self-employment. The term
769 includes commissions, bonuses, back pay awards, and the cash
770 value of all remuneration paid in a medium other than cash.
771 (7) “Economically disadvantaged” means having a family
772 income that does not exceed 150 percent of the federal poverty
773 level and includes being a child of a working migratory family
774 as defined by 34 C.F.R. s. 200.81(d) or (f) or an agricultural
775 worker who is employed by more than one agricultural employer
776 during the course of a year, and whose income varies according
777 to weather conditions and market stability.
778 (8) “Family income” means the combined gross income,
779 whether earned or unearned, that is derived from any source by
780 all family or household members who are 18 years of age or older
781 who are currently residing together in the same dwelling unit.
782 The term does not include income earned by a currently enrolled
783 high school student who, since attaining the age of 18 years, or
784 a student with a disability who, since attaining the age of 22
785 years, has not terminated school enrollment or received a high
786 school diploma, high school equivalency diploma, special
787 diploma, or certificate of high school completion. The term also
788 does not include food stamp benefits or federal housing
789 assistance payments issued directly to a landlord or the
790 associated utilities expenses.
791 (9) “Family or household members” means spouses, former
792 spouses, persons related by blood or marriage, persons who are
793 parents of a child in common regardless of whether they have
794 been married, and other persons who are currently residing
795 together in the same dwelling unit as if a family.
796 (10) “Full-time care” means at least 6 hours, but not more
797 than 11 hours, of child care or early childhood education
798 services within a 24-hour period.
799 (11) “Market rate” means the price that a child care or
800 early childhood education provider charges for full-time or
801 part-time daily, weekly, or monthly child care or early
802 childhood education services.
803 (12) “Office” means the Office of Early Learning within the
804 Department of Education’s Office of Independent Education and
805 Parental Choice.
806 (13) “Part-time care” means less than 6 hours of child care
807 or early childhood education services within a 24-hour period.
808 (14) “Single point of entry” means an integrated
809 information system that allows a parent to enroll his or her
810 child in the school readiness program or the Voluntary
811 Prekindergarten Education Program at various locations
812 throughout a county, that may allow a parent to enroll his or
813 her child by telephone or through a website, and that uses a
814 uniform waiting list to track eligible children waiting for
815 enrollment in the school readiness program.
816 (15) “Unearned income” means income other than earned
817 income. The term includes, but is not limited to:
818 (a) Documented alimony and child support received.
819 (b) Social security benefits.
820 (c) Supplemental security income benefits.
821 (d) Workers’ compensation benefits.
822 (e) Reemployment assistance or unemployment compensation
823 benefits.
824 (f) Veterans’ benefits.
825 (g) Retirement benefits.
826 (h) Temporary cash assistance under chapter 414.
827 (16) “Working family” means:
828 (a) A single-parent family in which the parent with whom
829 the child resides is employed or engaged in eligible work or
830 education activities for at least 20 hours per week;
831 (b) A two-parent family in which both parents with whom the
832 child resides are employed or engaged in eligible work or
833 education activities for a combined total of at least 40 hours
834 per week; or
835 (c) A two-parent family in which one of the parents with
836 whom the child resides is exempt from work requirements due to
837 age or disability, as determined and documented by a physician
838 licensed under chapter 458 or chapter 459, and one parent is
839 employed or engaged in eligible work or education activities at
840 least 20 hours per week.
841 1002.82 Office of Early Learning; powers and duties.—
842 (1) For purposes of administration of the Child Care and
843 Development Block Grant Trust Fund, pursuant to 45 C.F.R. parts
844 98 and 99, the Office of Early Learning is designated as the
845 lead agency and must comply with lead agency responsibilities
846 pursuant to federal law. The office may apply to the Governor
847 and Cabinet for a waiver of, and the Governor and Cabinet may
848 waive, any provision of ss. 411.223 and 1003.54 if the waiver is
849 necessary for implementation of the school readiness program.
850 Section 125.901(2)(a)3. does not apply to the school readiness
851 program.
852 (2) The office shall:
853 (a) Focus on improving the educational quality delivered by
854 all providers participating in the school readiness program.
855 (b) Preserve parental choice by permitting parents to
856 choose from a variety of child care categories, including
857 center-based care, family child care, and informal child care to
858 the extent authorized in the state’s Child Care and Development
859 Fund Plan as approved by the United States Department of Health
860 and Human Services pursuant to 45 C.F.R. s. 98.18. Care and
861 curriculum by a faith-based provider may not be limited or
862 excluded in any of these categories.
863 (c) Be responsible for the prudent use of all public and
864 private funds in accordance with all legal and contractual
865 requirements, safeguarding the effective use of federal, state,
866 and local resources to achieve the highest practicable level of
867 school readiness for the children described in s. 1002.87,
868 including:
869 1. The adoption of a uniform chart of accounts for
870 budgeting and financial reporting purposes that provides
871 standardized definitions for expenditures and reporting,
872 consistent with the requirements of 45 C.F.R. part 98 and s.
873 1002.89 for each of the following categories of expenditure:
874 a. Direct services to children.
875 b. Administrative costs.
876 c. Quality activities.
877 d. Nondirect services.
878 2. Coordination with other state and federal agencies to
879 perform data matches on children participating in the school
880 readiness program and their families in order to verify the
881 children’s eligibility pursuant to s. 1002.87.
882 (d) Establish procedures for the biennial calculation of
883 the average market rate.
884 (e) Review each early learning coalition’s school readiness
885 program plan every 2 years and provide final approval of the
886 plan and any amendments submitted.
887 (f) Establish a unified approach to the state’s efforts to
888 coordinate a comprehensive early learning program. In support of
889 this effort, the office:
890 1. Shall adopt specific program support services that
891 address the state’s school readiness program, including:
892 a. Statewide data information program requirements that
893 include:
894 (I) Eligibility requirements.
895 (II) Financial reports.
896 (III) Program accountability measures.
897 (IV) Child progress reports.
898 b. Child care resource and referral services.
899 c. A single point of entry and uniform waiting list.
900 2. May provide technical assistance and guidance on
901 additional support services to complement the school readiness
902 program, including:
903 a. Rating and improvement systems.
904 b. Warm-Line services.
905 c. Anti-fraud plans.
906 d. School readiness program standards.
907 e. Child screening and assessments.
908 f. Training and support for parental involvement in
909 children’s early education.
910 g. Family literacy activities and services.
911 (g) Provide technical assistance to early learning
912 coalitions.
913 (h) In cooperation with the early learning coalitions,
914 coordinate with the Child Care Services Program Office of the
915 Department of Children and Families to reduce paperwork and to
916 avoid duplicating interagency activities, health and safety
917 monitoring, and acquiring and composing data pertaining to child
918 care training and credentialing.
919 (i) Develop, in coordination with the Child Care Services
920 Program Office of the Department of Children and Families, and
921 adopt a health and safety checklist to be completed by license
922 exempt providers that does not exceed the requirements s.
923 402.305.
924 (j) Develop and adopt standards and benchmarks that address
925 the age-appropriate progress of children in the development of
926 school readiness skills. The standards for children from birth
927 to 5 years of age in the school readiness program must be
928 aligned with the performance standards adopted for children in
929 the Voluntary Prekindergarten Education Program and must address
930 the following domains:
931 1. Approaches to learning.
932 2. Cognitive development and general knowledge.
933 3. Numeracy, language, and communication.
934 4. Physical development.
935 5. Self-regulation.
936 (k) Select assessments that are valid, reliable, and
937 developmentally appropriate for use as preassessment and
938 postassessment for the age ranges specified in the coalition
939 plans. The assessments must be designed to measure progress in
940 the domains of the performance standards adopted pursuant to
941 paragraph (j), provide appropriate accommodations for children
942 with disabilities and English language learners, and be
943 administered by qualified individuals, consistent with the
944 publisher’s instructions.
945 (l) Adopt a list of approved curricula that meet the
946 performance standards for the school readiness program and
947 establish a process for the review and approval of a provider’s
948 curriculum that meets the performance standards.
949 (m) Adopt by rule a standard statewide provider contract to
950 be used with each school readiness program provider, with
951 standardized attachments by provider type. The office shall
952 publish a copy of the standard statewide provider contract on
953 its website. The standard statewide contract shall include, at a
954 minimum, provisions for provider probation, termination for
955 cause, and emergency termination for those actions or inactions
956 of a provider that pose an immediate and serious danger to the
957 health, safety, or welfare of the children. The standard
958 statewide provider contract shall also include appropriate due
959 process procedures. During the pendency of an appeal of a
960 termination, the provider may not continue to offer its
961 services. Any provision imposed upon a provider that is
962 inconsistent with, or prohibited by, law is void and
963 unenforceable.
964 (n) Establish a single statewide information system that
965 each coalition must use for the purposes of managing the single
966 point of entry, tracking children’s progress, coordinating
967 services among stakeholders, determining eligibility of
968 children, tracking child attendance, and streamlining
969 administrative processes for providers and early learning
970 coalitions.
971 (o) Adopt by rule standardized procedures for coalitions to
972 use when monitoring the compliance of school readiness program
973 providers with the terms of the standard statewide provider
974 contract.
975 (p) Monitor and evaluate the performance of each early
976 learning coalition in administering the school readiness
977 program, ensuring proper payments for school readiness program
978 services, implementing the coalition’s school readiness program
979 plan, and administering the Voluntary Prekindergarten Education
980 Program. These monitoring and performance evaluations must
981 include, at a minimum, onsite monitoring of each coalition’s
982 finances, management, operations, and programs.
983 (q) Work in conjunction with the Bureau of Federal
984 Education Programs within the Department of Education to
985 coordinate readiness and voluntary prekindergarten services to
986 the populations served by the bureau.
987 (r) Administer a statewide toll-free Warm-Line to provide
988 assistance and consultation to child care facilities and family
989 day care homes regarding health, developmental, disability, and
990 special needs issues of the children they are serving,
991 particularly children with disabilities and other special needs.
992 The office shall:
993 1. Annually inform child care facilities and family day
994 care homes of the availability of this service through the child
995 care resource and referral network under s. 1002.92.
996 2. Expand or contract for the expansion of the Warm-Line to
997 maintain at least one Warm-Line in each early learning coalition
998 service area.
999 (3) If the office determines during the review of school
1000 readiness program plans, or through monitoring and performance
1001 evaluations conducted under s. 1002.85, that an early learning
1002 coalition has not substantially implemented its plan, has not
1003 substantially met the performance standards and outcome measures
1004 adopted by the office, or has not effectively administered the
1005 school readiness program or Voluntary Prekindergarten Education
1006 Program, the office may temporarily contract with a qualified
1007 entity to continue school readiness program and prekindergarten
1008 services in the coalition’s county or multicounty region until
1009 the office reestablishes the coalition and a new school
1010 readiness program plan is approved in accordance with the rules
1011 adopted by the office.
1012 (4) The office may request the Governor to apply for a
1013 waiver to allow a coalition to administer the Head Start Program
1014 to accomplish the purposes of the school readiness program.
1015 (5) By January 1 of each year, the office shall publish on
1016 its website a report of its activities conducted under this
1017 section. The report must include a summary of the coalitions’
1018 annual reports, a statewide summary, and the following:
1019 (a) An analysis of early learning activities throughout the
1020 state, including the school readiness program and the Voluntary
1021 Prekindergarten Education Program.
1022 1. The total and average number of children served in the
1023 school readiness program, enumerated by age, eligibility
1024 priority category, and coalition, and the total number of
1025 children served in the Voluntary Prekindergarten Education
1026 Program.
1027 2. A summary of expenditures by coalition, by fund source,
1028 including a breakdown by coalition of the percentage of
1029 expenditures for administrative activities, quality activities,
1030 nondirect services, and direct services for children.
1031 3. A description of the office’s and each coalition’s
1032 expenditures by fund source for the quality and enhancement
1033 activities described in s. 1002.89(6)(b).
1034 4. A summary of annual findings and collections related to
1035 provider fraud and parent fraud.
1036 5. Data regarding the coalitions’ delivery of early
1037 learning programs.
1038 6. The total number of children disenrolled statewide and
1039 the reason for disenrollment.
1040 7. The total number of providers by provider type.
1041 8. The total number of provider contracts revoked and the
1042 reasons for revocation.
1043 (b) A summary of the activities and detailed expenditures
1044 related to the Child Care Executive Partnership Program.
1045 (6)(a) Parental choice of child care providers, including
1046 private and faith-based providers, shall be established to the
1047 maximum extent practicable in accordance with 45 C.F.R. s.
1048 98.30.
1049 (b) As used in this subsection, the term “payment
1050 certificate” means a child care certificate as defined in 45
1051 C.F.R. s. 98.2.
1052 (c) The school readiness program shall, in accordance with
1053 45 C.F.R. s. 98.30, provide parental choice through a payment
1054 certificate that provides, to the maximum extent possible,
1055 flexibility in the school readiness program and payment
1056 arrangements. The payment certificate must bear the names of the
1057 beneficiary and the program provider and, when redeemed, must
1058 bear the signatures of both the beneficiary and an authorized
1059 representative of the provider.
1060 (d) If it is determined that a provider has given any cash
1061 or other consideration to the beneficiary in return for
1062 receiving a payment certificate, the early learning coalition or
1063 its fiscal agent shall refer the matter to the Department of
1064 Financial Services pursuant to s. 414.411 for investigation.
1065 (7) Participation in the school readiness program does not
1066 expand the regulatory authority of the state, its officers, or
1067 an early learning coalition to impose any additional regulation
1068 on providers beyond those necessary to enforce the requirements
1069 set forth in this part and part V of this chapter.
1070 1002.83 Early learning coalitions.—
1071 (1) Thirty-one or fewer early learning coalitions are
1072 established and shall maintain direct enhancement services at
1073 the local level and provide access to such services in all 67
1074 counties. Two or more early learning coalitions may join for
1075 purposes of planning and implementing a school readiness program
1076 and the Voluntary Prekindergarten Education Program.
1077 (2) Each early learning coalition shall be composed of at
1078 least 15 members but not more than 30 members.
1079 (3) The Governor shall appoint the chair and two other
1080 members of each early learning coalition, who must each meet the
1081 same qualifications as private sector business members appointed
1082 by the coalition under subsection (5).
1083 (4) Each early learning coalition must include the
1084 following member positions; however, in a multicounty coalition,
1085 each ex officio member position may be filled by multiple
1086 nonvoting members but no more than one voting member shall be
1087 seated per member position. If an early learning coalition has
1088 more than one member representing the same entity, only one of
1089 such members may serve as a voting member:
1090 (a) A Department of Children and Families regional
1091 administrator or his or her permanent designee who is authorized
1092 to make decisions on behalf of the department.
1093 (b) A district superintendent of schools or his or her
1094 permanent designee who is authorized to make decisions on behalf
1095 of the district.
1096 (c) A regional workforce board executive director or his or
1097 her permanent designee.
1098 (d) A county health department director or his or her
1099 designee.
1100 (e) A children’s services council or juvenile welfare board
1101 chair or executive director, if applicable.
1102 (f) An agency head of a local licensing agency as defined
1103 in s. 402.302, where applicable.
1104 (g) A president of a Florida College System institution or
1105 his or her permanent designee.
1106 (h) One member appointed by a board of county commissioners
1107 or the governing board of a municipality.
1108 (i) A central agency administrator, where applicable.
1109 (j) A Head Start director.
1110 (k) A representative of private for-profit child care
1111 providers, including private for-profit family day care homes.
1112 (l) A representative of faith-based child care providers.
1113 (m) A representative of programs for children with
1114 disabilities under the federal Individuals with Disabilities
1115 Education Act.
1116 (5) Including the members appointed by the Governor under
1117 subsection (3), more than one-third of the members of each early
1118 learning coalition must be private sector business members,
1119 either for-profit or nonprofit, who do not have, and none of
1120 whose relatives as defined in s. 112.3143 has, a substantial
1121 financial interest in the design or delivery of the Voluntary
1122 Prekindergarten Education Program created under part V of this
1123 chapter or the school readiness program. To meet this
1124 requirement an early learning coalition must appoint additional
1125 members. The office shall establish criteria for appointing
1126 private sector business members. These criteria must include
1127 standards for determining whether a member or relative has a
1128 substantial financial interest in the design or delivery of the
1129 Voluntary Prekindergarten Education Program or the school
1130 readiness program.
1131 (6) A majority of the voting membership of an early
1132 learning coalition constitutes a quorum required to conduct the
1133 business of the coalition. An early learning coalition may use
1134 any method of telecommunications to conduct meetings, including
1135 establishing a quorum through telecommunications, provided that
1136 the public is given proper notice of a telecommunications
1137 meeting and reasonable access to observe and, when appropriate,
1138 participate.
1139 (7) A voting member of an early learning coalition may not
1140 appoint a designee to act in his or her place, except as
1141 otherwise provided in this subsection. A voting member may send
1142 a representative to coalition meetings but that representative
1143 does not have voting privileges. When a regional administrator
1144 for the Department of Children and Families appoints a designee
1145 to an early learning coalition, the designee is the voting
1146 member of the coalition, and any individual attending in the
1147 designee’s place, including the district administrator, does not
1148 have voting privileges.
1149 (8) Each member of an early learning coalition is subject
1150 to ss. 112.313, 112.3135, and 112.3143. For purposes of s.
1151 112.3143(3)(a), each voting member is a local public officer who
1152 must abstain from voting when a voting conflict exists.
1153 (9) For purposes of tort liability, each member or employee
1154 of an early learning coalition shall be governed by s. 768.28.
1155 (10) An early learning coalition serving a multicounty
1156 region must include representation from each county.
1157 (11) Each early learning coalition shall establish terms
1158 for all appointed members of the coalition. The terms must be
1159 staggered and must be a uniform length that does not exceed 4
1160 years per term. Coalition chairs shall be appointed for 4 years
1161 in conjunction with their membership on the Early Learning
1162 Advisory Council pursuant to s. 20.052. Appointed members may
1163 serve a maximum of two consecutive terms. When a vacancy occurs
1164 in an appointed position, the coalition must advertise the
1165 vacancy.
1166 (12) State, federal, and local matching funds provided to
1167 the early learning coalitions may not be used directly or
1168 indirectly to pay for meals, food, or beverages for coalition
1169 members, coalition employees, or for subcontractor employees.
1170 Preapproved, reasonable, and necessary per diem allowances and
1171 travel expenses may be reimbursed. Such reimbursement shall be
1172 at the standard travel reimbursement rates established in s.
1173 112.061 and must comply with applicable federal and state
1174 requirements.
1175 (13) Each early learning coalition shall use a coordinated
1176 professional development system that supports the achievement
1177 and maintenance of core competencies by school readiness program
1178 teachers in helping children attain the performance standards
1179 adopted by the office.
1180 (14) Each school district shall, upon request of the
1181 coalition, make a list of all individuals currently eligible to
1182 act as a substitute teacher within the school district, pursuant
1183 to rules adopted by the school district pursuant to s. 1012.35,
1184 available to an early learning coalition serving students within
1185 the school district. Child care facilities as defined in s.
1186 402.302 may employ individuals listed as substitute instructors
1187 for the purpose of offering the school readiness program, the
1188 Voluntary Prekindergarten Education Program, and all other
1189 legally operating child care programs.
1190 1002.84 Early learning coalitions; school readiness powers
1191 and duties.—Each early learning coalition shall:
1192 (1) Administer and implement a local comprehensive program
1193 of school readiness program services in accordance with this
1194 part and the rules adopted by the office, which enhances the
1195 cognitive, social, and physical development of children to
1196 achieve the performance standards.
1197 (2) Establish a uniform waiting list to track eligible
1198 children waiting for enrollment in the school readiness program
1199 in accordance with rules adopted by the office.
1200 (3) Establish a resource and referral network operating
1201 under s. 1002.92 to assist parents in making an informed choice
1202 and provide maximum parental choice of providers and to provide
1203 information on available community resources.
1204 (4) Establish a regional Warm-Line as directed by the
1205 office pursuant to s. 1002.82(2)(r). Regional Warm-Line staff
1206 shall provide onsite technical assistance, when requested, to
1207 assist child care facilities and family day care homes with
1208 inquiries relating to the strategies, curriculum, and
1209 environmental adaptations the child care facilities and family
1210 day care homes may need as they serve children with disabilities
1211 and other special needs.
1212 (5) Establish an age-appropriate screening, for children
1213 ages birth to 5 years, of each child’s development and an
1214 appropriate referral process for children with identified
1215 delays. Such screening shall not be a requirement of entry into
1216 the school readiness program and shall be only given with
1217 parental consent.
1218 (6) Implement an age-appropriate preassessment and
1219 postassessment of children if specified in the coalition’s
1220 approved plan.
1221 (7) Determine child eligibility pursuant to s. 1002.87 and
1222 provider eligibility pursuant to s. 1002.88. At a minimum, child
1223 eligibility must be redetermined annually. Redetermination must
1224 also be conducted twice per year for an additional 50 percent of
1225 a coalition’s enrollment through a statistically valid random
1226 sampling. A coalition must document the reason why a child is no
1227 longer eligible for the school readiness program according to
1228 the standard codes prescribed by the office.
1229 (8) Establish a parent sliding fee scale that requires a
1230 parent copayment to participate in the school readiness program.
1231 Providers are required to collect the parent’s copayment. A
1232 coalition may, on a case-by-case basis, waive the copayment for
1233 an at-risk child or temporarily waive the copayment for a child
1234 whose family experiences a natural disaster or an event that
1235 limits the parent’s ability to pay, such as incarceration,
1236 placement in residential treatment, or becoming homeless, or an
1237 emergency situation such as a household fire or burglary, or
1238 while the parent is participating in parenting classes. A parent
1239 may not transfer school readiness program services to another
1240 school readiness program provider until the parent has submitted
1241 documentation from the current school readiness program provider
1242 to the early learning coalition stating that the parent has
1243 satisfactorily fulfilled the copayment obligation.
1244 (9) Establish proper maintenance of records related to
1245 eligibility and enrollment files, provider payments, coalition
1246 staff background screenings, and other documents required for
1247 the implementation of the school readiness program.
1248 (10) Establish a records retention requirement for sign-in
1249 and sign-out records that is consistent with state and federal
1250 law. Attendance records may not be altered or amended after
1251 December 31 of the subsequent year.
1252 (11) Comply with the tangible personal property
1253 requirements of chapter 274 and any rules adopted thereunder.
1254 (12) Comply with federal procurement requirements and the
1255 procurement requirements of ss. 215.971, 287.057, and 287.058,
1256 except that an early learning coalition is not required to
1257 competitively procure direct services for school readiness
1258 program and Voluntary Prekindergarten Education Program
1259 providers.
1260 (13) Establish proper information technology security
1261 controls, including, but not limited to, periodically reviewing
1262 the appropriateness of access privileges assigned to users of
1263 certain systems; monitoring system hardware performance and
1264 capacity-related issues; and ensuring appropriate backup
1265 procedures and disaster recovery plans are in place.
1266 (14) Develop written policies, procedures, and standards
1267 for monitoring vendor contracts, including, but not limited to,
1268 provisions specifying the particular procedures that may be used
1269 to evaluate contractor performance and the documentation that is
1270 to be maintained to serve as a record of contractor performance.
1271 This subsection does not apply to contracts with school
1272 readiness program providers or Voluntary Prekindergarten
1273 Education Program providers.
1274 (15) Monitor school readiness program providers in
1275 accordance with its plan, or in response to a parental
1276 complaint, to verify that the standards prescribed in ss.
1277 1002.82 and 1002.88 are being met using a standard monitoring
1278 tool adopted by the office. Providers determined to be high-risk
1279 by the coalition, as demonstrated by substantial findings of
1280 violations of federal law or the general or local laws of the
1281 state, shall be monitored more frequently. Providers with 3
1282 consecutive years of compliance may be monitored biennially.
1283 (16) Adopt a payment schedule that encompasses all programs
1284 funded under this part and part V of this chapter. The payment
1285 schedule must take into consideration the average market rate,
1286 include the projected number of children to be served, and be
1287 submitted for approval by the office. Informal child care
1288 arrangements shall be reimbursed at not more than 50 percent of
1289 the rate adopted for a family day care home.
1290 (17) Implement an anti-fraud plan addressing the detection,
1291 reporting, and prevention of overpayments, abuse, and fraud
1292 relating to the provision of and payment for school readiness
1293 program and Voluntary Prekindergarten Education Program services
1294 and submit the plan to the office for approval, as required by
1295 s. 1002.91.
1296 (18) By October 1 of each year, submit an annual report to
1297 the office. The report shall conform to the format adopted by
1298 the office and must include:
1299 (a) Segregation of school readiness program funds,
1300 Voluntary Prekindergarten Education Program funds, Child Care
1301 Executive Partnership Program funds, and other local revenues
1302 available to the coalition.
1303 (b) Details of expenditures by fund source, including total
1304 expenditures for administrative activities, quality activities,
1305 nondirect services, and direct services for children.
1306 (c) The total number of coalition staff and the related
1307 expenditures for salaries and benefits. For any subcontracts,
1308 the total number of contracted staff and the related
1309 expenditures for salaries and benefits must be included.
1310 (d) The number of children served in the school readiness
1311 program, by provider type, enumerated by age and eligibility
1312 priority category, reported as the number of children served
1313 during the month, the average participation throughout the
1314 month, and the number of children served during the month.
1315 (e) The total number of children disenrolled during the
1316 year and the reasons for disenrollment.
1317 (f) The total number of providers by provider type.
1318 (g) A listing of any school readiness program provider, by
1319 type, whose eligibility to deliver the school readiness program
1320 is revoked, including a brief description of the state or
1321 federal violation that resulted in the revocation.
1322 (h) An evaluation of its direct enhancement services.
1323 (i) The total number of children served in each provider
1324 facility.
1325 (19) Maintain its administrative staff at the minimum
1326 necessary to administer the duties of the early learning
1327 coalition.
1328 (20) To increase transparency and accountability, comply
1329 with the requirements of this section before contracting with a
1330 member of the coalition or a relative, as defined in s.
1331 112.3143(1)(b), of a coalition member or of an employee of the
1332 coalition. Such contracts may not be executed without the
1333 approval of the office. Such contracts, as well as documentation
1334 demonstrating adherence to this section by the coalition, must
1335 be approved by a two-thirds vote of the coalition, a quorum
1336 having been established; all conflicts of interest must be
1337 disclosed before the vote; and any member who may benefit from
1338 the contract, or whose relative may benefit from the contract,
1339 must abstain from the vote. A contract under $25,000 between an
1340 early learning coalition and a member of that coalition or
1341 between a relative, as defined in s. 112.3143(1)(b), of a
1342 coalition member or of an employee of the coalition is not
1343 required to have the prior approval of the office but must be
1344 approved by a two-thirds vote of the coalition, a quorum having
1345 been established, and must be reported to the office within 30
1346 days after approval. If a contract cannot be approved by the
1347 office, a review of the decision to disapprove the contract may
1348 be requested by the early learning coalition or other parties to
1349 the disapproved contract.
1350 1002.85 Early learning coalition plans.—
1351 (1) The office shall adopt rules prescribing the
1352 standardized format and required content of school readiness
1353 program plans as necessary for a coalition or other qualified
1354 entity to administer the school readiness program as provided in
1355 this part.
1356 (2) Each early learning coalition must biennially submit a
1357 school readiness program plan to the office before the
1358 expenditure of funds. A coalition may not implement its school
1359 readiness program plan until it receives approval from the
1360 office. A coalition may not implement any revision to its school
1361 readiness program plan until the coalition submits the revised
1362 plan to and receives approval from the office. If the office
1363 rejects a plan or revision, the coalition must continue to
1364 operate under its previously approved plan. The plan must
1365 include, but is not limited to:
1366 (a) The coalition’s operations, including its membership
1367 and business organization, and the coalition’s articles of
1368 incorporation and bylaws if the coalition is organized as a
1369 corporation. If the coalition is not organized as a corporation
1370 or other business entity, the plan must include the contract
1371 with a fiscal agent.
1372 (b) The minimum number of children to be served by care
1373 level.
1374 (c) The coalition’s procedures for implementing the
1375 requirements of this part, including:
1376 1. Single point of entry.
1377 2. Uniform waiting list.
1378 4. Eligibility and enrollment processes.
1379 5. Parent access and choice.
1380 6. Sliding fee scale and policies on applying the waiver or
1381 reduction of fees in accordance with 1002.84(8).
1382 7. Use of preassessments and postassessments, as
1383 applicable.
1384 8. Payment rate.
1385 (d) A detailed description of the coalition’s quality
1386 activities and services, including:
1387 1. Resource and referral and school-age child care.
1388 2. Infant and toddler early learning.
1389 3. Inclusive early learning programs.
1390 (e) A detailed budget that outlines estimated expenditures
1391 for state, federal, and local matching funds at the lowest level
1392 of detail available by other-cost-accumulator code number; all
1393 estimated sources of revenue with identifiable descriptions; a
1394 listing of full-time equivalent positions; contracted
1395 subcontractor costs with related annual compensation amount or
1396 hourly rate of compensation; and a capital improvements plan
1397 outlining existing fixed capital outlay projects and proposed
1398 capital outlay projects that will begin during the budget year.
1399 (f) A detailed accounting, in the format prescribed by the
1400 office, of all revenues and expenditures during the previous
1401 state fiscal year. Revenue sources should be identifiable and
1402 expenditures should be reported by three categories: state and
1403 federal funds, local matching funds, and Child Care Executive
1404 Partnership Program funds.
1405 (g) Updated policies and procedures, including those
1406 governing procurement, maintenance of tangible personal
1407 property, maintenance of records, information technology
1408 security, and disbursement controls.
1409 (h) A description of the procedures for monitoring school
1410 readiness program providers, including in response to a parental
1411 complaint, to determine that the standards prescribed in ss.
1412 1002.82 and 1002.88 are met using a standard monitoring tool
1413 adopted by the office. Providers determined to be high risk by
1414 the coalition as demonstrated by substantial findings of
1415 violations of law shall be monitored more frequently.
1416 (i) Documentation that the coalition has solicited and
1417 considered comments regarding the proposed school readiness
1418 program plan from the local community.
1419 (3) The coalition may periodically amend its plan as
1420 necessary. An amended plan must be submitted to and approved by
1421 the office before any expenditures are incurred on the new
1422 activities proposed in the amendment.
1423 (4) The office shall publish a copy of the standardized
1424 format and required content of school readiness program plans on
1425 its website.
1426 (5) The office shall collect and report data on coalition
1427 delivery of early learning programs. Elements shall include, but
1428 are not limited to, measures related to progress towards
1429 reducing the number of children on the waitlist, the percentage
1430 of children served by the program as compared to the number of
1431 administrative staff and overhead, the percentage of children
1432 served compared to total number of children under the age of 5
1433 years below 150 percent of the federal poverty level, provider
1434 payment processes, fraud intervention, child attendance and
1435 stability, use of child care resource and referral, and
1436 kindergarten readiness outcomes for children in the Voluntary
1437 Prekindergarten Education Program or the school readiness
1438 program upon entry into kindergarten. The office shall request
1439 input from the coalitions and school readiness program providers
1440 before finalizing the format and data to be used. The report
1441 shall be implemented beginning July 1, 2014, and results of the
1442 report must be included in the annual report under s. 1002.82.
1443 1002.86 School readiness program; education component.—The
1444 education component of the school readiness program should be
1445 developmentally appropriate and based on research, involve the
1446 parent as the child’s first teacher, serve as a preventive
1447 measure for children at risk of future school failure, and
1448 enhance the educational readiness of eligible children. The
1449 school readiness program should be of assistance to parents in
1450 preparing their at-risk children for educational success,
1451 including, as appropriate, health screening and referral.
1452 1002.87 School readiness program; eligibility and
1453 enrollment.—
1454 (1) Effective August 1, 2013, or upon reevaluation of
1455 eligibility for children currently served, whichever is later,
1456 each early learning coalition shall give priority for
1457 participation in the school readiness program as follows:
1458 (a) Priority shall be given first to a child younger than
1459 13 years of age from a family that includes a parent who is
1460 receiving temporary cash assistance under chapter 414 and
1461 subject to the federal work requirements.
1462 (b) Priority shall be given next to an at-risk child
1463 younger than 9 years of age.
1464 (c) Priority shall be given next to a child from birth to
1465 the beginning of the school year for which the child is eligible
1466 for admission to kindergarten in a public school under s.
1467 1003.21(1)(a)2. who is from a working family that is
1468 economically disadvantaged, and may include such child’s
1469 eligible siblings, beginning with the school year in which the
1470 sibling is eligible for admission to kindergarten in a public
1471 school under s. 1003.21(1)(a)2. until the beginning of the
1472 school year in which the sibling is eligible to begin 6th grade,
1473 provided that the first priority for funding an eligible sibling
1474 is local revenues available to the coalition for funding direct
1475 services. However, a child eligible under this paragraph ceases
1476 to be eligible if his or her family income exceeds 200 percent
1477 of the federal poverty level.
1478 (d) Priority shall be given next to an at-risk child who is
1479 at least 9 years of age but younger than 13 years of age. An at
1480 risk child whose sibling is enrolled in the school readiness
1481 program within an eligibility priority category listed in
1482 paragraphs (a)-(c) shall be given priority over other children
1483 who are eligible under this paragraph.
1484 (e) Priority shall be given next to a child who is younger
1485 than 13 years of age from a working family that is economically
1486 disadvantaged. A child who is eligible under this paragraph
1487 whose sibling is enrolled in the school readiness program under
1488 paragraph (c) shall be given priority over other children who
1489 are eligible under this paragraph. However, a child eligible
1490 under this paragraph ceases to be eligible if his or her family
1491 income exceeds 200 percent of the federal poverty level.
1492 (f) Priority shall be given next to a child who has special
1493 needs, has been determined eligible as a student with a
1494 disability, has a current individual education plan with a
1495 Florida school district, and is not younger than 3 years of age.
1496 A special needs child eligible under this paragraph remains
1497 eligible until the child is eligible for admission to
1498 kindergarten in a public school under s. 1003.21(1)(a)2.
1499 (g) Priority shall be given next to a child of a parent who
1500 transitions from the work program into employment as described
1501 in s. 445.032.
1502 (h) Notwithstanding paragraphs (a)-(d), priority shall be
1503 given last to a child who otherwise meets one of the eligibility
1504 criteria in paragraphs (a)-(d) but who is also enrolled
1505 concurrently in the federal Head Start Program and the Voluntary
1506 Prekindergarten Education Program.
1507 (2) A school readiness program provider may be paid only
1508 for authorized hours of care provided for a child in the school
1509 readiness program. A child enrolled in the Voluntary
1510 Prekindergarten Education Program may receive care from the
1511 school readiness program if the child is eligible according to
1512 the eligibility priorities in this section.
1513 (3) Contingent upon the availability of funds, a coalition
1514 shall enroll eligible children, including those from its waiting
1515 list, according to the eligibility priorities in this section.
1516 (4) The parent of a child enrolled in the school readiness
1517 program must notify the coalition or its designee within 10 days
1518 after any change in employment, income, or family size. Upon
1519 notification by the parent, the child’s eligibility must be
1520 reevaluated.
1521 (5) A child whose eligibility priority category requires
1522 the child to be from a working family ceases to be eligible for
1523 the school readiness program if a parent with whom the child
1524 resides does not reestablish employment within 60 days after
1525 becoming unemployed.
1526 (6) Eligibility for each child must be reevaluated
1527 annually. Upon reevaluation, a child may not continue to receive
1528 school readiness program services if he or she has ceased to be
1529 eligible under this section.
1530 (7) If a coalition disenrolls children from the school
1531 readiness program, the coalition must disenroll the children in
1532 reverse order of the eligibility priorities listed in subsection
1533 (1) beginning with children from families with the highest
1534 family incomes. A notice of disenrollment must be sent to the
1535 parent and school readiness program provider at least 2 weeks
1536 before disenrollment to provide adequate time for the parent to
1537 arrange alternative care for the child. However, an at-risk
1538 child may not be disenrolled from the program without the
1539 written approval of the Child Welfare Program Office of the
1540 Department of Children and Families or the community-based lead
1541 agency.
1542 (8) If a child is absent from the program for 5 consecutive
1543 days without parental notification to the program of such
1544 absence, the school readiness program provider shall report the
1545 absence to the early learning coalition for a determination of
1546 the need for continued care.
1547 (9) Notwithstanding s. 39.604, a school readiness program
1548 provider, regardless of whether the provider is licensed, shall
1549 comply with the reporting requirements of the Rilya Wilson Act
1550 for each at-risk child under the age of school entry who is
1551 enrolled in the school readiness program.
1552 1002.88 School readiness program provider standards;
1553 eligibility to deliver the school readiness program.—
1554 (1) To be eligible to deliver the school readiness program,
1555 a school readiness program provider must:
1556 (a) Be a child care facility licensed under s. 402.305, a
1557 family day care home licensed or registered under s. 402.313, a
1558 large family child care home licensed under s. 402.3131, a
1559 public school or nonpublic school exempt from licensure under s.
1560 402.3025, a faith-based child care provider exempt from
1561 licensure under s. 402.316, a before-school or after-school
1562 program described in s. 402.305(1)(c), or an informal child care
1563 provider to the extent authorized in the state’s Child Care and
1564 Development Fund Plan as approved by the United States
1565 Department of Health and Human Services pursuant to 45 C.F.R. s.
1566 98.18.
1567 (b) Provide instruction and activities to enhance the age
1568 appropriate progress of each child in attaining the child
1569 development standards adopted by the office pursuant to s.
1570 1002.82(2)(j). A provider should include activities to foster
1571 brain development in infants and toddlers; provide an
1572 environment that is rich in language and music and filled with
1573 objects of various colors, shapes, textures, and sizes to
1574 stimulate visual, tactile, auditory, and linguistic senses; and
1575 include 30 minutes of reading to children each day.
1576 (c) Provide basic health and safety of its premises and
1577 facilities and compliance with requirements for age-appropriate
1578 immunizations of children enrolled in the school readiness
1579 program. For a child care facility, a large family child care
1580 home, or a licensed family day care home, compliance with s.
1581 402.305, s. 402.3131, or s. 402.313 satisfies this requirement.
1582 For a public or nonpublic school, compliance with s. 402.3025 or
1583 s. 1003.22 satisfies this requirement. A faith-based child care
1584 provider, an informal child care provider, or a nonpublic
1585 school, exempt from licensure under ss. 402.316 or 402.3025,
1586 shall annually complete the health and safety checklist adopted
1587 by the office, post the checklist prominently on its premises in
1588 plain sight for visitors and parents, and submit it annually to
1589 its local early learning coalition.
1590 (d) Provide an appropriate staff-to-children ratio,
1591 pursuant to s. 402.305(4) or s. 402.302(8) or (11), as
1592 applicable, and as verified pursuant to s. 402.311.
1593 (e) Provide a healthy and safe environment pursuant to s.
1594 402.305(5), (6), and (7), as applicable, and as verified
1595 pursuant to s. 402.311.
1596 (f) Implement one of the curricula approved by the office
1597 that meets the child development standards.
1598 (g) Implement a character development program to develop
1599 basic values.
1600 (h) Collaborate with the respective early learning
1601 coalition to complete initial screening for each child, aged 6
1602 weeks to kindergarten eligibility, within 45 days after the
1603 child’s first or subsequent enrollment, to identify a child who
1604 may need individualized supports.
1605 (i) Implement minimum standards for child discipline
1606 practices that are age-appropriate and consistent with the
1607 requirements in s. 402.305(12). Such standards must provide that
1608 children not be subjected to discipline that is severe,
1609 humiliating, or frightening or discipline that is associated
1610 with food, rest, or toileting. Spanking or any other form of
1611 physical punishment is prohibited.
1612 (j) Obtain and keep on file record of the child’s
1613 immunizations, physical development, and other health
1614 requirements as necessary, including appropriate vision and
1615 hearing screening and examination, within 30 days after
1616 enrollment.
1617 (k) Implement before-school or after-school programs that
1618 meet or exceed the requirements of s. 402.305(5), (6), and (7).
1619 (l) For a provider that is not an informal provider,
1620 maintain general liability insurance and provide the coalition
1621 with written evidence of general liability insurance coverage,
1622 including coverage for transportation of children if school
1623 readiness program children are transported by the provider. A
1624 provider must obtain and retain an insurance policy that
1625 provides a minimum of $100,000 of coverage per occurrence and a
1626 minimum of $300,000 general aggregate coverage. The office may
1627 authorize lower limits upon request, as appropriate. A provider
1628 must add the coalition as a named certificateholder and as an
1629 additional insured. A provider must provide the coalition with a
1630 minimum of 10 calendar days’ advance written notice of
1631 cancellation of or changes to coverage. The general liability
1632 insurance required by this paragraph must remain in full force
1633 and effect for the entire period of the provider contract with
1634 the coalition.
1635 (m) For a provider that is an informal provider, comply
1636 with the provisions of paragraph (l) or maintain homeowner’s
1637 liability insurance and, if applicable, a business rider. If an
1638 informal provider chooses to maintain a homeowner’s policy, the
1639 provider must obtain and retain a homeowner’s insurance policy
1640 that provides a minimum of $100,000 of coverage per occurrence
1641 and a minimum of $300,000 general aggregate coverage. The office
1642 may authorize lower limits upon request, as appropriate. An
1643 informal provider must add the coalition as a named
1644 certificateholder and as an additional insured. An informal
1645 provider must provide the coalition with a minimum of 10
1646 calendar days’ advance written notice of cancellation of or
1647 changes to coverage. The general liability insurance required by
1648 this paragraph must remain in full force and effect for the
1649 entire period of the provider’s contract with the coalition.
1650 (n) Obtain and maintain any required workers’ compensation
1651 insurance under chapter 440 and any required reemployment
1652 assistance or unemployment compensation coverage under chapter
1653 443.
1654 (o) Notwithstanding paragraph (l), for a provider that is a
1655 state agency or a subdivision thereof, as defined in s.
1656 768.28(2), agree to notify the coalition of any additional
1657 liability coverage maintained by the provider in addition to
1658 that otherwise established under s. 768.28. The provider shall
1659 indemnify the coalition to the extent permitted by s. 768.28.
1660 (p) Execute the standard statewide provider contract
1661 adopted by the office.
1662 (q) Operate on a full-time and part-time basis and provide
1663 extended-day and extended-year services to the maximum extent
1664 possible without compromising the quality of the program to meet
1665 the needs of parents who work.
1666 (2) If a school readiness program provider fails or refuses
1667 to comply with this part or any contractual obligation of the
1668 statewide provider contract under s. 1002.82(2)(m), the
1669 coalition may revoke the provider’s eligibility to deliver the
1670 school readiness program or receive state or federal funds under
1671 this chapter for a period of 5 years.
1672 (3) The office and the coalitions may not:
1673 (a) Impose any requirement on a child care provider or
1674 early childhood education provider that does not deliver
1675 services under the school readiness program or receive state or
1676 federal funds under this part;
1677 (b) Impose any requirement on a school readiness program
1678 provider that exceeds the authority provided under this part or
1679 part V of this chapter or rules adopted pursuant to this part or
1680 part V of this chapter; or
1681 (c) Require a provider to administer a preassessment or
1682 postassessment.
1683 1002.89 School readiness program; funding.—
1684 (1) Funding for the school readiness program shall be
1685 allocated among the early learning coalitions in accordance with
1686 this section and the General Appropriations Act.
1687 (2) The office shall administer school readiness program
1688 funds and prepare and submit a unified budget request for the
1689 school readiness program in accordance with chapter 216.
1690 (3) All instructions to early learning coalitions for
1691 administering this section shall emanate from the office in
1692 accordance with the policies of the Legislature.
1693 (4) All cost savings and all revenues received through a
1694 mandatory sliding fee scale shall be used to increase the number
1695 of children served.
1696 (5) All state, federal, and local matching funds provided
1697 to an early learning coalition for purposes of this section
1698 shall be used for implementation of its approved school
1699 readiness program plan, including the hiring of staff to
1700 effectively operate the school readiness program.
1701 (6) Costs shall be kept to the minimum necessary for the
1702 efficient and effective administration of the school readiness
1703 program with the highest priority of expenditure being direct
1704 services for eligible children. However, no more than 5 percent
1705 of the funds described in subsection (5) may be used for
1706 administrative costs and no more than 22 percent of the funds
1707 described in subsection (5) may be used in any fiscal year for
1708 any combination of administrative costs, quality activities, and
1709 nondirect services as follows:
1710 (a) Administrative costs as described in 45 C.F.R. s.
1711 98.52, which shall include monitoring providers using the
1712 standard methodology adopted under s. 1002.82 to improve
1713 compliance with state and federal regulations and law pursuant
1714 to the requirements of the statewide provider contract adopted
1715 under s. 1002.82(2)(m).
1716 (b) Activities to improve the quality of child care as
1717 described in 45 C.F.R. s. 98.51, which shall be limited to the
1718 following:
1719 1. Developing, establishing, expanding, operating, and
1720 coordinating resource and referral programs specifically related
1721 to the provision of comprehensive consumer education to parents
1722 and the public regarding participation in the school readiness
1723 program and parental choice.
1724 2. Awarding grants to school readiness program providers to
1725 assist them in meeting applicable state requirements for child
1726 care performance standards, implementing developmentally
1727 appropriate curricula and related classroom resources that
1728 support curricula, providing literacy supports, and providing
1729 professional development. Any grants awarded pursuant to this
1730 subparagraph shall comply with the requirements of ss. 215.971
1731 and 287.058.
1732 3. Providing training and technical assistance for school
1733 readiness program providers, staff, and parents on standards,
1734 child screenings, child assessments, developmentally appropriate
1735 curricula, character development, teacher-child interactions,
1736 age-appropriate discipline practices, health and safety,
1737 nutrition, first aid, the recognition of communicable diseases,
1738 and child abuse detection and prevention.
1739 4. Providing from among the funds provided for the
1740 activities described in subparagraphs 1.-3., adequate funding
1741 for infants and toddlers as necessary to meet federal
1742 requirements related to expenditures for quality activities for
1743 infant and toddler care.
1744 5. Improving the monitoring of compliance with, and
1745 enforcement of, applicable state and local requirements as
1746 described in and limited by 45 C.F.R. s. 98.40.
1747 6. Responding to Warm-Line requests by providers and
1748 parents related to school readiness program children, including
1749 providing developmental and health screenings to school
1750 readiness program children.
1751 (c) Nondirect services as described in applicable Office of
1752 Management and Budget instructions are those services not
1753 defined as administrative, direct, or quality services that are
1754 required to administer the school readiness program. Such
1755 services include, but are not limited to:
1756 1. Assisting families to complete the required application
1757 and eligibility documentation.
1758 2. Determining child and family eligibility.
1759 3. Recruiting eligible child care providers.
1760 4. Processing and tracking attendance records.
1761 5. Developing and maintaining a statewide child care
1762 information system.
1763
1764 As used in this paragraph, the term “nondirect services” does
1765 not include payments to school readiness program providers for
1766 direct services provided to children who are eligible under s.
1767 1002.87, administrative costs as described in paragraph (a), or
1768 quality activities as described in paragraph (b).
1769 (7) Funds appropriated for the school readiness program may
1770 not be expended for the purchase or improvement of land, for the
1771 purchase, construction, or permanent improvement of any building
1772 or facility, or for the purchase of buses. However, funds may be
1773 expended for minor remodeling and upgrading child care
1774 facilities to ensure that providers meet state and local child
1775 care standards, including applicable health and safety
1776 requirements.
1777 (8) Beginning in the 2014-2015 fiscal year, all state
1778 appropriated funding for the school readiness program shall be
1779 allocated to early learning coalitions based on the average
1780 prior year enrollment and the uniform waiting list as adopted by
1781 the Early Learning Programs Estimating Conference pursuant to s.
1782 216.136(8) and using the average market rate by program care
1783 level and provider type pursuant to s. 1002.895.
1784 1002.895 Market rate schedule.—The school readiness program
1785 market rate schedule shall be implemented as follows:
1786 (1) The office shall establish procedures for the adoption
1787 of a market rate schedule. The schedule must include, at a
1788 minimum, county-by-county rates:
1789 (a) The market rate, including the minimum and the maximum
1790 rates for child care providers that hold a Gold Seal Quality
1791 Care designation under s. 402.281.
1792 (b) The market rate for child care providers that do not
1793 hold a Gold Seal Quality Care designation.
1794 (2) The market rate schedule, at a minimum, must:
1795 (a) Differentiate rates by type, including, but not limited
1796 to, a child care provider that holds a Gold Seal Quality Care
1797 designation under s. 402.281, a child care facility licensed
1798 under s. 402.305, a public or nonpublic school exempt from
1799 licensure under s. 402.3025, a faith-based child care facility
1800 exempt from licensure under s. 402.316 that does not hold a Gold
1801 Seal Quality Care designation, a large family child care home
1802 licensed under s. 402.3131, or a family day care home licensed
1803 or registered under s. 402.313.
1804 (b) Differentiate rates by the type of child care services
1805 provided for children with special needs or risk categories,
1806 infants, toddlers, preschool-age children, and school-age
1807 children.
1808 (c) Differentiate rates between full-time and part-time
1809 child care services.
1810 (d) Consider discounted rates for child care services for
1811 multiple children in a single family.
1812 (3) The market rate schedule must be based exclusively on
1813 the prices charged for child care services.
1814 (4) The market rate schedule shall be considered by an
1815 early learning coalition in the adoption of a payment schedule.
1816 The payment schedule must take into consideration the average
1817 market rate, include the projected number of children to be
1818 served, and be submitted for approval by the office. Informal
1819 child care arrangements shall be reimbursed at not more than 50
1820 percent of the rate adopted for a family day care home.
1821 (5) The office may contract with one or more qualified
1822 entities to administer this section and provide support and
1823 technical assistance for child care providers.
1824 (6) The office may adopt rules for establishing procedures
1825 for the collection of child care providers’ market rate, the
1826 calculation of the average market rate by program care level and
1827 provider type in a predetermined geographic market, and the
1828 publication of the market rate schedule.
1829 1002.91 Investigations of fraud or overpayment; penalties.—
1830 (1) As used in this subsection, the term “fraud” means an
1831 intentional deception, omission, or misrepresentation made by a
1832 person with knowledge that the deception, omission, or
1833 misrepresentation may result in unauthorized benefit to that
1834 person or another person, or any aiding and abetting of the
1835 commission of such an act. The term includes any act that
1836 constitutes fraud under applicable federal or state law.
1837 (2) To recover state, federal, and local matching funds,
1838 the office shall investigate early learning coalitions,
1839 recipients, and providers of the school readiness program and
1840 the Voluntary Prekindergarten Education Program to determine
1841 possible fraud or overpayment. If by its own inquiries, or as a
1842 result of a complaint, the office has reason to believe that a
1843 person, coalition, or provider has engaged in, or is engaging
1844 in, a fraudulent act, it shall investigate and determine whether
1845 any overpayment has occurred due to the fraudulent act. During
1846 the investigation, the office may examine all records, including
1847 electronic benefits transfer records, and make inquiry of all
1848 persons who may have knowledge as to any irregularity incidental
1849 to the disbursement of public moneys or other items or benefits
1850 authorizations to recipients.
1851 (3) Based on the results of the investigation, the office
1852 may, in its discretion, refer the investigation to the
1853 Department of Financial Services for criminal investigation or
1854 refer the matter to the applicable coalition. Any suspected
1855 criminal violation identified by the office must be referred to
1856 the Department of Financial Services for criminal investigation.
1857 (4) An early learning coalition may suspend or terminate a
1858 provider from participation in the school readiness program or
1859 the Voluntary Prekindergarten Education Program when it has
1860 reasonable cause to believe that the provider has committed
1861 fraud. The office shall adopt by rule appropriate due process
1862 procedures that the early learning coalition shall apply in
1863 suspending or terminating any provider, including the suspension
1864 or termination of payment. If suspended, the provider shall
1865 remain suspended until the completion of any investigation by
1866 the office, the Department of Financial Services, or any other
1867 state or federal agency, and any subsequent prosecution or other
1868 legal proceeding.
1869 (5) If a school readiness program provider or a Voluntary
1870 Prekindergarten Education Program provider, or an owner,
1871 officer, or director thereof, is convicted of, found guilty of,
1872 or pleads guilty or nolo contendere to, regardless of
1873 adjudication, public assistance fraud pursuant to s. 414.39, or
1874 is acting as the beneficial owner for someone who has been
1875 convicted of, found guilty of, or pleads guilty or nolo
1876 contendere to, regardless of adjudication, public assistance
1877 fraud pursuant to s. 414.39, the early learning coalition shall
1878 refrain from contracting with, or using the services of, that
1879 provider for a period of 5 years. In addition, the coalition
1880 shall refrain from contracting with, or using the services of,
1881 any provider that shares an officer or director with a provider
1882 that is convicted of, found guilty of, or pleads guilty or nolo
1883 contendere to, regardless of adjudication, public assistance
1884 fraud pursuant to s. 414.39 for a period of 5 years.
1885 (6) If the investigation is not confidential or otherwise
1886 exempt from disclosure by law, the results of the investigation
1887 may be reported by the office to the appropriate legislative
1888 committees, the Department of Children and Families, and such
1889 other persons as the office deems appropriate.
1890 (7) The early learning coalition may not contract with a
1891 school readiness program provider or a Voluntary Prekindergarten
1892 Education Program provider who is on the United States
1893 Department of Agriculture National Disqualified List. In
1894 addition, the coalition may not contract with any provider that
1895 shares an officer or director with a provider that is on the
1896 United States Department of Agriculture National Disqualified
1897 List.
1898 (8) Each early learning coalition shall adopt an anti-fraud
1899 plan addressing the detection and prevention of overpayments,
1900 abuse, and fraud relating to the provision of and payment for
1901 school readiness program and Voluntary Prekindergarten Education
1902 Program services and submit the plan to the office for approval.
1903 The office shall adopt rules establishing criteria for the anti
1904 fraud plan, including appropriate due process provisions. The
1905 anti-fraud plan must include, at a minimum:
1906 (a) A written description or chart outlining the
1907 organizational structure of the plan’s personnel who are
1908 responsible for the investigation and reporting of possible
1909 overpayment, abuse, or fraud.
1910 (b) A description of the plan’s procedures for detecting
1911 and investigating possible acts of fraud, abuse, or overpayment.
1912 (c) A description of the plan’s procedures for the
1913 mandatory reporting of possible overpayment, abuse, or fraud to
1914 the Office of Inspector General within the office.
1915 (d) A description of the plan’s program and procedures for
1916 educating and training personnel on how to detect and prevent
1917 fraud, abuse, and overpayment.
1918 (e) A description of the plan’s procedures, including the
1919 appropriate due process provisions adopted by the office for
1920 suspending or terminating from the school readiness program or
1921 the Voluntary Prekindergarten Education Program a recipient or
1922 provider who the early learning coalition believes has committed
1923 fraud.
1924 (9) A person who commits an act of fraud as defined in this
1925 section is subject to the penalties provided in s. 414.39(5)(a)
1926 and (b).
1927 1002.92 Child care and early childhood resource and
1928 referral.—
1929 (1) As a part of the school readiness program, the office
1930 shall establish a statewide child care resource and referral
1931 network that is unbiased and provides referrals to families for
1932 child care and information on available community resources.
1933 Preference shall be given to using early learning coalitions as
1934 the child care resource and referral agencies. If an early
1935 learning coalition cannot comply with the requirements to offer
1936 the resource information component or does not want to offer
1937 that service, the early learning coalition shall select the
1938 resource and referral agency for its county or multicounty
1939 region based upon the procurement requirements of s.
1940 1002.84(12).
1941 (2) At least one child care resource and referral agency
1942 must be established in each early learning coalition’s county or
1943 multicounty region. The office shall adopt rules regarding
1944 accessibility of child care resource and referral services
1945 offered through child care resource and referral agencies in
1946 each county or multicounty region which include, at a minimum,
1947 required hours of operation, methods by which parents may
1948 request services, and child care resource and referral staff
1949 training requirements.
1950 (3) Child care resource and referral agencies shall provide
1951 the following services:
1952 (a) Identification of existing public and private child
1953 care and early childhood education services, including child
1954 care services by public and private employers, and the
1955 development of a resource file of those services through the
1956 single statewide information system developed by the office
1957 under s. 1002.82(2)(n). These services may include family day
1958 care, public and private child care programs, the Voluntary
1959 Prekindergarten Education Program, Head Start, the school
1960 readiness program, special education programs for
1961 prekindergarten children with disabilities, services for
1962 children with developmental disabilities, full-time and part
1963 time programs, before-school and after-school programs, vacation
1964 care programs, parent education, the temporary cash assistance
1965 program, and related family support services. The resource file
1966 shall include, but not be limited to:
1967 1. Type of program.
1968 2. Hours of service.
1969 3. Ages of children served.
1970 4. Number of children served.
1971 5. Program information.
1972 6. Fees and eligibility for services.
1973 7. Availability of transportation.
1974 (b) Establishment of a referral process that responds to
1975 parental need for information and that is provided with full
1976 recognition of the confidentiality rights of parents. The
1977 resource and referral network shall make referrals to legally
1978 operating child care facilities. Referrals may not be made to a
1979 child care facility that is operating illegally.
1980 (c) Maintenance of ongoing documentation of requests for
1981 service tabulated through the internal referral process through
1982 the single statewide information system. The following
1983 documentation of requests for service shall be maintained by the
1984 child care resource and referral network:
1985 1. Number of calls and contacts to the child care resource
1986 information and referral network component by type of service
1987 requested.
1988 2. Ages of children for whom service was requested.
1989 3. Time category of child care requests for each child.
1990 4. Special time category, such as nights, weekends, and
1991 swing shift.
1992 5. Reason that the child care is needed.
1993 6. Name of the employer and primary focus of the business
1994 for an employer based child care program.
1995 (d) Provision of technical assistance to existing and
1996 potential providers of child care services. This assistance may
1997 include:
1998 1. Information on initiating new child care services,
1999 zoning, and program and budget development and assistance in
2000 finding such information from other sources.
2001 2. Information and resources which help existing child care
2002 services providers to maximize their ability to serve children
2003 and parents in their community.
2004 3. Information and incentives that may help existing or
2005 planned child care services offered by public or private
2006 employers seeking to maximize their ability to serve the
2007 children of their working parent employees in their community,
2008 through contractual or other funding arrangements with
2009 businesses.
2010 (e) Assistance to families and employers in applying for
2011 various sources of subsidy, including, but not limited to, the
2012 Voluntary Prekindergarten Education Program, the school
2013 readiness program, Head Start, Project Independence, private
2014 scholarships, and the federal child and dependent care tax
2015 credit.
2016 (f) Assistance to families to negotiate discounts or other
2017 special arrangements with child care providers.
2018 (g) Assistance to families in identifying summer recreation
2019 camp and summer day camp programs to help families make informed
2020 choice. Contingent upon specific appropriation, a checklist of
2021 important health and safety qualities that parents can use to
2022 choose their summer camp programs shall be developed and
2023 distributed in a manner that will reach parents interested in
2024 such programs for their children.
2025 (h) Assistance to families for accessing local community
2026 resources.
2027 (4) A child care facility licensed under s. 402.305 and
2028 licensed and registered family day care homes must provide the
2029 statewide child care and resource and referral network with the
2030 following information annually:
2031 (a) Type of program.
2032 (b) Hours of service.
2033 (c) Ages of children served.
2034 (d) Fees and eligibility for services.
2035 1002.93 School readiness program transportation services.—
2036 (1) The office may authorize an early learning coalition to
2037 establish school readiness program transportation services for
2038 children at risk of abuse or neglect who are participating in
2039 the school readiness program, pursuant to chapter 427. The early
2040 learning coalitions may contract for the provision of
2041 transportation services as required by this section.
2042 (2) The transportation servicers may only provide
2043 transportation to each child participating in the school
2044 readiness program to the extent that such transportation is
2045 necessary to provide child care opportunities that otherwise
2046 would not be available to a child whose home is more than a
2047 reasonable walking distance from the nearest child care facility
2048 or family day care home.
2049 1002.94 Child Care Executive Partnership Program.—
2050 (1) There is created a body politic and corporate known as
2051 the Child Care Executive Partnership which shall establish and
2052 govern the Child Care Executive Partnership Program. The purpose
2053 of the Child Care Executive Partnership Program is to use state
2054 and federal funds as incentives for matching local funds derived
2055 from local governments, employers, charitable foundations, and
2056 other sources so that Florida communities may create local
2057 flexible partnerships with employers. The Child Care Executive
2058 Partnership Program funds shall be used at the discretion of
2059 local communities to meet the needs of working parents. A child
2060 care purchasing pool shall be developed with the state, federal,
2061 and local funds to provide subsidies to low-income working
2062 parents whose family income does not exceed the allowable income
2063 for any federally subsidized child care program with a dollar
2064 for-dollar match from employers, local government, and other
2065 matching contributions. The funds used from the child care
2066 purchasing pool must be used to supplement or extend the use of
2067 existing public or private funds for direct services.
2068 (2) The Child Care Executive Partnership, staffed by the
2069 office, shall consist of a representative of the Executive
2070 Office of the Governor and nine members of the corporate or
2071 child care community, appointed by the Governor.
2072 (a) Members shall serve for a period of 4 years, except
2073 that the representative of the Executive Office of the Governor
2074 shall serve at the pleasure of the Governor.
2075 (b) The Child Care Executive Partnership shall be chaired
2076 by a member chosen by a majority vote and shall meet at least
2077 quarterly and at other times upon the call of the chair. The
2078 Child Care Executive Partnership may use any method of
2079 telecommunications to conduct meetings, including establishing a
2080 quorum through telecommunications, only if the public is given
2081 proper notice of a telecommunications meeting and reasonable
2082 access to observe and, when appropriate, participate.
2083 (c) Members shall serve without compensation, but may be
2084 reimbursed for per diem and travel expenses in accordance with
2085 s. 112.061.
2086 (d) The Child Care Executive Partnership shall have all the
2087 powers and authority, not explicitly prohibited by law,
2088 necessary to carry out and effectuate the purposes of this
2089 section, as well as the functions, duties, and responsibilities
2090 of the partnership, including, but not limited to, the
2091 following:
2092 1. Making recommendations concerning the implementation and
2093 coordination of the school readiness program.
2094 2. Soliciting, accepting, receiving, investing, and
2095 expending funds from public or private sources.
2096 3. Contracting with public or private entities as
2097 necessary.
2098 4. Approving an annual budget.
2099 5. Providing a report to the Governor, the Speaker of the
2100 House of Representatives, and the President of the Senate on or
2101 before December 1 of each year.
2102
2103 Notwithstanding this subsection, the corporate body politic
2104 previously established by prior law is the corporate body
2105 politic for purposes of this section and shall continue in
2106 existence. All member terms of the existing corporate body
2107 politic expire as of June 30, 2013, and new members shall be
2108 appointed beginning July 1, 2013, in accordance with this
2109 subsection.
2110 (3)(a) The Legislature shall annually determine the amount
2111 of state or federal low-income child care moneys which shall be
2112 used to create Child Care Executive Partnership Program child
2113 care purchasing pools in counties chosen by the Child Care
2114 Executive Partnership provided that at least two of the counties
2115 have populations of no more than 300,000. The Legislature shall
2116 annually review the effectiveness of the child care purchasing
2117 pool program and reevaluate the percentage of additional state
2118 or federal funds, if any, which can be used for the program’s
2119 expansion.
2120 (b) To ensure a seamless service delivery and ease of
2121 access for families, the office shall administer the child care
2122 purchasing pool funds.
2123 (c) The office, in conjunction with the Child Care
2124 Executive Partnership, shall develop procedures for disbursement
2125 of funds through the child care purchasing pools. In order to be
2126 considered for funding, an early learning coalition or the
2127 office must commit to:
2128 1. Matching the state purchasing pool funds on a dollar
2129 for-dollar basis.
2130 2. Expending only those public funds that are matched by
2131 employers, local government, and other matching contributors who
2132 contribute to the purchasing pool. Parents shall also pay a fee,
2133 which may not be less than the amount identified in the early
2134 learning coalition’s school readiness program sliding fee scale.
2135 (d) Each early learning coalition shall establish a
2136 community child care task force for each child care purchasing
2137 pool. The task force must be composed of employers, parents,
2138 private child care providers, and one representative from the
2139 local children’s services council, if one exists in the area of
2140 the purchasing pool. The early learning coalition is expected to
2141 recruit the task force members from existing child care
2142 councils, commissions, or task forces already operating in the
2143 area of a purchasing pool. A majority of the task force shall
2144 consist of employers.
2145 (e) Each participating early learning coalition shall
2146 develop a plan for the use of child care purchasing pool funds.
2147 The plan must show how many children will be served by the
2148 purchasing pool, how many will be new to receiving child care
2149 services, and how the early learning coalition intends to
2150 attract new employers and their employees to the program.
2151 (4) The office may adopt any rules necessary for the
2152 implementation and administration of this section.
2153 1002.95 Teacher Education and Compensation Helps (TEACH)
2154 scholarship program.—
2155 (1) The office may contract for the administration of the
2156 Teacher Education and Compensation Helps (TEACH) scholarship
2157 program, which provides educational scholarships to caregivers
2158 and administrators of early childhood programs, family day care
2159 homes, and large family child care homes. The goal of the
2160 program is to increase the education and training for
2161 caregivers, increase the compensation for child caregivers who
2162 complete the program requirements, and reduce the rate of
2163 participant turnover in the field of early childhood education.
2164 (2) The office shall adopt rules as necessary to administer
2165 this section.
2166 1002.96 Early Head Start collaboration grants.—
2167 (1) Contingent upon specific appropriation, the office
2168 shall establish a program to award collaboration grants to
2169 assist local agencies in securing Early Head Start programs
2170 through Early Head Start program federal grants. The
2171 collaboration grants shall provide the required matching funds
2172 for public and private nonprofit agencies that have been
2173 approved for Early Head Start program federal grants.
2174 (2) Public and private nonprofit agencies providing Early
2175 Head Start programs applying for collaborative grants must:
2176 (a) Meet the requirements in the Head Start program
2177 performance standards and other applicable rules and
2178 regulations.
2179 (b) Collaborate with other service providers at the local
2180 level.
2181 (c) Provide a comprehensive array of health, nutritional,
2182 and other services to the program’s pregnant women and very
2183 young children, and their families.
2184 (3) The office may adopt rules as necessary for the award
2185 of collaboration grants to competing agencies and the
2186 administration of the collaboration grants program under this
2187 section.
2188 Section 18. Section 411.011, Florida Statutes, is
2189 transferred, renumbered as section 1002.97, Florida Statutes,
2190 and amended to read:
2191 1002.97 411.011 Records of children in the school readiness
2192 program programs.—
2193 (1) The individual records of children enrolled in the
2194 school readiness program programs provided under this part s.
2195 411.01, held by an early learning coalition or the office of
2196 Early Learning, are confidential and exempt from s. 119.07(1)
2197 and s. 24(a), Art. I of the State Constitution. For purposes of
2198 this section, records include assessment data, health data,
2199 records of teacher observations, and personal identifying
2200 information.
2201 (2) A parent, guardian, or individual acting as a parent in
2202 the absence of a parent or guardian has the right to inspect and
2203 review the individual school readiness program record of his or
2204 her child and to obtain a copy of the record.
2205 (3) School readiness program records may be released to:
2206 (a) The United States Secretary of Education, the United
2207 States Secretary of Health and Human Services, and the
2208 Comptroller General of the United States for the purpose of
2209 federal audits and investigations.
2210 (b) Individuals or organizations conducting studies for
2211 institutions to develop, validate, or administer assessments or
2212 improve instruction.
2213 (c) Accrediting organizations in order to carry out their
2214 accrediting functions.
2215 (d) Appropriate parties in connection with an emergency if
2216 the information is necessary to protect the health or safety of
2217 the child enrollee or other individuals.
2218 (e) The Office of Program Policy Analysis and Government
2219 Accountability and the Auditor General in connection with their
2220 his or her official functions.
2221 (f) A court of competent jurisdiction in compliance with an
2222 order of that court in accordance with a lawfully issued
2223 subpoena.
2224 (g) Parties to an interagency agreement among early
2225 learning coalitions, local governmental agencies, providers of
2226 the school readiness program programs, state agencies, and the
2227 office of Early Learning for the purpose of implementing the
2228 school readiness program.
2229
2230 Agencies, organizations, or individuals that receive school
2231 readiness program records in order to carry out their official
2232 functions must protect the data in a manner that does not permit
2233 the personal identification of a child enrolled in a school
2234 readiness program and his or her parent parents by persons other
2235 than those authorized to receive the records.
2236 Section 19. Paragraph (p) of subsection (3) of section
2237 11.45, Florida Statutes, is amended to read:
2238 11.45 Definitions; duties; authorities; reports; rules.—
2239 (3) AUTHORITY FOR AUDITS AND OTHER ENGAGEMENTS.—The Auditor
2240 General may, pursuant to his or her own authority, or at the
2241 direction of the Legislative Auditing Committee, conduct audits
2242 or other engagements as determined appropriate by the Auditor
2243 General of:
2244 (p) The school readiness program system, including the
2245 early learning coalitions, created under part VI of chapter 1002
2246 s. 411.01.
2247 Section 20. Paragraph (h) of subsection (3) of section
2248 20.15, Florida Statutes, is amended to read:
2249 20.15 Department of Education.—There is created a
2250 Department of Education.
2251 (3) DIVISIONS.—The following divisions of the Department of
2252 Education are established:
2253 (h) The Office of Early Learning, which shall administer
2254 the school readiness system in accordance with s. 411.01 and the
2255 operational requirements of the Voluntary Prekindergarten
2256 Education Program in accordance with part V of chapter 1002. The
2257 office is a separate budget entity and is not subject to
2258 control, supervision, or direction by the Department of
2259 Education or the State Board of Education in any manner
2260 including, but not limited to, personnel, purchasing,
2261 transactions involving personal property, and budgetary matters.
2262 The office director shall be appointed by the Governor and
2263 confirmed by the Senate, shall serve at the pleasure of the
2264 Governor, and shall be the agency head of the office for all
2265 purposes. The office shall enter into a service agreement with
2266 the department for professional, technological, and
2267 administrative support services. The office shall be subject to
2268 review and oversight by the Chief Inspector General or his or
2269 her designee.
2270 Section 21. Section 196.198, Florida Statutes, is amended
2271 to read:
2272 196.198 Educational property exemption.—Educational
2273 institutions within this state and their property used by them
2274 or by any other exempt entity or educational institution
2275 exclusively for educational purposes shall be exempt from
2276 taxation. Sheltered workshops providing rehabilitation and
2277 retraining of disabled individuals and exempted by a certificate
2278 under s. (d) of the federal Fair Labor Standards Act of 1938, as
2279 amended, are declared wholly educational in purpose and shall be
2280 exempted from certification, accreditation, and membership
2281 requirements set forth in s. 196.012. Those portions of property
2282 of college fraternities and sororities certified by the
2283 president of the college or university to the appropriate
2284 property appraiser as being essential to the educational process
2285 shall be exempt from ad valorem taxation. The use of property by
2286 public fairs and expositions chartered by chapter 616 is
2287 presumed to be an educational use of such property and shall be
2288 exempt from ad valorem taxation to the extent of such use.
2289 Property used exclusively for educational purposes shall be
2290 deemed owned by an educational institution if the entity owning
2291 100 percent of the educational institution is owned by the
2292 identical persons who own the property or if the entity owning
2293 100 percent of the educational institution and the entity owning
2294 the property are owned by identical natural persons. Land,
2295 buildings, and other improvements to real property used
2296 exclusively for educational purposes shall be deemed owned by an
2297 educational institution if the entity owning 100 percent of the
2298 land is a nonprofit entity and the land is used, under a ground
2299 lease or other contractual arrangement, by an educational
2300 institution that owns the buildings and other improvements to
2301 the real property, is a nonprofit entity under s. 501(c)(3) of
2302 the Internal Revenue Code, and provides education limited to
2303 students in prekindergarten through grade 8. If legal title to
2304 property is held by a governmental agency that leases the
2305 property to a lessee, the property shall be deemed to be owned
2306 by the governmental agency and used exclusively for educational
2307 purposes if the governmental agency continues to use such
2308 property exclusively for educational purposes pursuant to a
2309 sublease or other contractual agreement with that lessee. If the
2310 title to land is held by the trustee of an irrevocable inter
2311 vivos trust and if the trust grantor owns 100 percent of the
2312 entity that owns an educational institution that is using the
2313 land exclusively for educational purposes, the land is deemed to
2314 be property owned by the educational institution for purposes of
2315 this exemption. Property owned by an educational institution
2316 shall be deemed to be used for an educational purpose if the
2317 institution has taken affirmative steps to prepare the property
2318 for educational use. Affirmative steps means environmental or
2319 land use permitting activities, creation of architectural plans
2320 or schematic drawings, land clearing or site preparation,
2321 construction or renovation activities, or other similar
2322 activities that demonstrate commitment of the property to an
2323 educational use.
2324 Section 22. Paragraph (a) of subsection (8) of section
2325 216.136, Florida Statutes, is amended to read:
2326 216.136 Consensus estimating conferences; duties and
2327 principals.—
2328 (8) EARLY LEARNING PROGRAMS ESTIMATING CONFERENCE.—
2329 (a) The Early Learning Programs Estimating Conference shall
2330 develop estimates and forecasts of the unduplicated count of
2331 children eligible for the school readiness program programs in
2332 accordance with the standards of eligibility established in s.
2333 1002.87 411.01(6), and of children eligible for the Voluntary
2334 Prekindergarten Education Program in accordance with s.
2335 1002.53(2), as the conference determines are needed to support
2336 the state planning, budgeting, and appropriations processes.
2337 Section 23. Paragraph (b) of subsection (1) and subsection
2338 (3) of section 402.281, Florida Statutes, are amended to read:
2339 402.281 Gold Seal Quality Care program.—
2340 (1)
2341 (b) A child care facility, large family child care home, or
2342 family day care home that is accredited by an a nationally
2343 recognized accrediting association approved by the department
2344 under subsection (3) and meets all other requirements shall,
2345 upon application to the department, receive a separate “Gold
2346 Seal Quality Care” designation.
2347 (3)(a) In order to be approved by the department for
2348 participation in the Gold Seal Quality Care program, an
2349 accrediting association must apply to the department and
2350 demonstrate that it:
2351 1. Is a nationally recognized accrediting association.
2352 2. Has accrediting standards that substantially meet or
2353 exceed the Gold Seal Quality Care standards adopted by the
2354 department under subsection (2).
2355 (b) In approving accrediting associations, the Department
2356 of Children and Families shall consult with the Department of
2357 Education, the Florida Head Start Directors Association, the
2358 Florida Association of Child Care Management, the Florida Family
2359 Child Day Care Home Association, the Florida Children’s Forum,
2360 the Florida Association for the Education of the Young Early
2361 Childhood Association of Florida, the Child Development
2362 Education Alliance, the Florida Association of Academic
2363 Nonpublic Schools, the Association of Early Learning Coalitions,
2364 providers receiving exemptions under s. 402.316, and parents.
2365 Section 24. Subsection (9) of section 402.302, Florida
2366 Statutes, is amended to read:
2367 402.302 Definitions.—As used in this chapter, the term:
2368 (9) “Household children” means children who are related by
2369 blood, marriage, or legal adoption to, or who are the legal
2370 wards of, the family day care home operator, the large family
2371 child care home operator, or an adult household member who
2372 permanently or temporarily resides in the home. Supervision of
2373 the operator’s household children shall be left to the
2374 discretion of the operator unless those children receive
2375 subsidized child care through the school readiness program
2376 pursuant to s. 1002.92 411.0101 to be in the home.
2377 Section 25. Paragraph (c) of subsection (1) of section
2378 402.305, Florida Statutes, is amended to read:
2379 402.305 Licensing standards; child care facilities.—
2380 (1) LICENSING STANDARDS.—The department shall establish
2381 licensing standards that each licensed child care facility must
2382 meet regardless of the origin or source of the fees used to
2383 operate the facility or the type of children served by the
2384 facility.
2385 (c) The minimum standards for child care facilities shall
2386 be adopted in the rules of the department and shall address the
2387 areas delineated in this section. The department, in adopting
2388 rules to establish minimum standards for child care facilities,
2389 shall recognize that different age groups of children may
2390 require different standards. The department may adopt different
2391 minimum standards for facilities that serve children in
2392 different age groups, including school-age children. The
2393 department shall also adopt by rule a definition for child care
2394 which distinguishes between child care programs that require
2395 child care licensure and after-school programs that do not
2396 require licensure. Notwithstanding any other provision of law to
2397 the contrary, minimum child care licensing standards shall be
2398 developed to provide for reasonable, affordable, and safe
2399 before-school and after-school care. After-school programs that
2400 otherwise meet the criteria for exclusion from licensure may
2401 provide snacks and meals through the federal Afterschool Meal
2402 Program (AMP) administered by the Department of Health in
2403 accordance with federal regulations and standards. The
2404 Department of Health shall consider meals to be provided through
2405 the AMP only if the program is actively participating in the
2406 AMP, is in good standing with the department, and the meals meet
2407 AMP requirements. Standards, at a minimum, shall allow for a
2408 credentialed director to supervise multiple before-school and
2409 after-school sites.
2410 Section 26. Paragraph (c) of subsection (1) and subsection
2411 (4) of section 445.023, Florida Statutes, are amended to read:
2412 445.023 Program for dependent care for families with
2413 children with special needs.—
2414 (1) There is created the program for dependent care for
2415 families with children with special needs. This program is
2416 intended to provide assistance to families with children who
2417 meet the following requirements:
2418 (c) The family meets the income guidelines established
2419 under s. 1002.87 411.01(6), notwithstanding any financial
2420 eligibility criteria to the contrary in s. 414.075, s. 414.085,
2421 or s. 414.095.
2422 (4) In addition to school readiness program services
2423 provided under part VI of chapter 1002 s. 411.01, dependent care
2424 may be provided for children age 13 years and older who are in
2425 need of care due to disability and where such care is needed for
2426 the parent to accept or continue employment or otherwise
2427 participate in work activities. The amount of subsidy shall be
2428 consistent with the rates for special needs child care
2429 established by the department. Dependent care needed for
2430 employment may be provided as transitional services for up to 2
2431 years after eligibility for temporary cash assistance ends.
2432 Section 27. Paragraph (a) of subsection (2) of section
2433 490.014, Florida Statutes, is amended to read:
2434 490.014 Exemptions.—
2435 (2) No person shall be required to be licensed or
2436 provisionally licensed under this chapter who:
2437 (a) Is a salaried employee of a government agency; a
2438 developmental disability facility or program; a mental health,
2439 alcohol, or drug abuse facility operating under chapter 393,
2440 chapter 394, or chapter 397; the statewide child care resource
2441 and referral network operating under s. 1002.92 411.0101; a
2442 child-placing or child-caring agency licensed pursuant to
2443 chapter 409; a domestic violence center certified pursuant to
2444 chapter 39; an accredited academic institution; or a research
2445 institution, if such employee is performing duties for which he
2446 or she was trained and hired solely within the confines of such
2447 agency, facility, or institution, so long as the employee is not
2448 held out to the public as a psychologist pursuant to s.
2449 490.012(1)(a).
2450 Section 28. Paragraph (a) of subsection (4) of section
2451 491.014, Florida Statutes, is amended to read:
2452 491.014 Exemptions.—
2453 (4) No person shall be required to be licensed,
2454 provisionally licensed, registered, or certified under this
2455 chapter who:
2456 (a) Is a salaried employee of a government agency; a
2457 developmental disability facility or program; a mental health,
2458 alcohol, or drug abuse facility operating under chapter 393,
2459 chapter 394, or chapter 397; the statewide child care resource
2460 and referral network operating under s. 1002.92 411.0101; a
2461 child-placing or child-caring agency licensed pursuant to
2462 chapter 409; a domestic violence center certified pursuant to
2463 chapter 39; an accredited academic institution; or a research
2464 institution, if such employee is performing duties for which he
2465 or she was trained and hired solely within the confines of such
2466 agency, facility, or institution, so long as the employee is not
2467 held out to the public as a clinical social worker, mental
2468 health counselor, or marriage and family therapist.
2469 Section 29. Paragraph (b) of subsection (1) of section
2470 1001.11, Florida Statutes, is amended to read:
2471 1001.11 Commissioner of Education; other duties.—
2472 (1) The Commissioner of Education must independently
2473 perform the following duties:
2474 (b) Serve as the primary source of information to the
2475 Legislature, including the President of the Senate and the
2476 Speaker of the House of Representatives, concerning the State
2477 Board of Education, and the K-20 education system, and early
2478 learning programs.
2479 Section 30. Sections 411.01, 411.0101, 411.01013,
2480 411.01014, 411.01015, 411.0102, 411.0103, 411.0104, 411.0105,
2481 and 411.0106, Florida Statutes, are repealed.
2482 Section 31. Within existing Senior Management Service and
2483 Selected Exempt Service positions authorized for the Office of
2484 Early Learning, a Senior Management Service position for a
2485 general counsel and a Selected Exempt Service position for an
2486 inspector general are authorized for the office.
2487 Section 32. By October 1, 2013, the Office of Early
2488 Learning, in collaboration with the Commissioner of Education,
2489 shall develop a reorganization plan for the office. The plan
2490 shall include any changes made prior to July 1, 2013; personnel,
2491 purchasing, and budgetary matters and their alignment with the
2492 duties and responsibilities of the office; a report of all
2493 outstanding contractual obligations; and recommendations for
2494 statutory and budgetary changes. The plan shall be provided to
2495 the Governor, the President of the Senate, and the Speaker of
2496 the House of Representatives.
2497 Section 33. This act shall take effect July 1, 2013.