Florida Senate - 2019                                    SB 1594
       
       
        
       By Senator Harrell
       
       
       
       
       
       25-01149B-19                                          20191594__
    1                        A bill to be entitled                      
    2         An act relating to the Voluntary Prekindergarten
    3         Education Program; amending s. 1002.53, F.S.;
    4         requiring a parent of a student enrolled in the
    5         Voluntary Prekindergarten Education Program to submit
    6         his or her student for a specified screening;
    7         conforming provisions to changes made by the act;
    8         amending s. 1002.55, F.S.; conforming provisions to
    9         changes made by the act; amending s. 1002.59, F.S.;
   10         requiring the Office of Early Learning to make
   11         available professional development and training
   12         courses that meet certain criteria; amending ss.
   13         1002.61 and 1002.63, F.S.; conforming provisions to
   14         changes made by the act; amending s. 1002.67, F.S.;
   15         requiring the office to develop performance standards
   16         for certain mathematical and executive functioning
   17         skills; requiring the Department of Education and the
   18         office to provide for a coordinated assessment system
   19         for specified purposes; conforming provisions to
   20         changes made by the act; creating s. 1002.68, F.S.;
   21         requiring each private prekindergarten provider and
   22         public school participating in the program to
   23         participate in a program assessment; providing
   24         requirements for such assessment; requiring the office
   25         and department to develop a statewide end-of
   26         prekindergarten screening for specified purposes;
   27         providing requirements for such screening; requiring
   28         certain data to be stored in a specified department
   29         data warehouse; requiring the office to calculate a
   30         program score for each private prekindergarten
   31         provider and public school participating in the
   32         program; requiring the office to establish a minimum
   33         program score that such providers and schools must
   34         meet; providing requirements for such providers and
   35         schools that do not meet such score; authorizing the
   36         office to grant good cause exemptions to private
   37         prekindergarten providers and public schools that meet
   38         certain criteria; providing requirements for such good
   39         cause exemptions; amending s. 1002.69, F.S.; revising
   40         the standards used to establish the statewide
   41         kindergarten screening; requiring certain screenings
   42         to be administered to students who enroll in a public
   43         school for the first time; providing reporting
   44         requirements for such screening; providing for
   45         screenings to be re-administered to certain students;
   46         providing requirements for screenings that are re
   47         administered; requiring the department, rather than
   48         the office, to calculate each public school’s
   49         kindergarten readiness rate; revising the requirements
   50         for such calculation; requiring certain data to be
   51         stored in a specified department data warehouse;
   52         conforming provisions to changes made by the act;
   53         amending s. 1002.73, F.S.; requiring the department to
   54         adopt procedures for the identification of an
   55         alternate kindergarten screening; conforming
   56         provisions to changes made by the act; amending s.
   57         1002.75, F.S.; conforming provisions to changes made
   58         by the act; providing an effective date.
   59          
   60  Be It Enacted by the Legislature of the State of Florida:
   61  
   62         Section 1. Paragraph (b) of subsection (5) of section
   63  1002.53, Florida Statutes, is amended, and paragraph (d) is
   64  added to subsection (6) of that section, to read:
   65         1002.53 Voluntary Prekindergarten Education Program;
   66  eligibility and enrollment.—
   67         (5) The early learning coalition shall provide each parent
   68  enrolling a child in the Voluntary Prekindergarten Education
   69  Program with a profile of every private prekindergarten provider
   70  and public school delivering the program within the county where
   71  the child is being enrolled. The profiles shall be provided to
   72  parents in a format prescribed by the Office of Early Learning.
   73  The profiles must include, at a minimum, the following
   74  information about each provider and school:
   75         (b) The provider’s or school’s program score kindergarten
   76  readiness rate calculated in accordance with s. 1002.68 s.
   77  1002.69, based upon the most recent available results of the
   78  statewide kindergarten screening.
   79         (6)
   80         (d)Each parent who enrolls his or her child in the
   81  Voluntary Prekindergarten Education Program must submit his or
   82  her child for the statewide end-of-prekindergarten screening
   83  administered pursuant to s. 1002.68.
   84         Section 2. Subsection (6) is added to section 1002.55,
   85  Florida Statutes, to read:
   86         1002.55 School-year prekindergarten program delivered by
   87  private prekindergarten providers.—
   88         (6)Each early learning coalition must verify that each
   89  private prekindergarten provider delivering the Voluntary
   90  Prekindergarten Education Program within the coalition’s county
   91  or multicounty region complies with this part. If a private
   92  prekindergarten provider fails or refuses to comply with this
   93  part, or if a provider engages in misconduct, the office shall
   94  require the early learning coalition to remove the provider from
   95  eligibility to deliver the program and receive state funds under
   96  this part for a period of at least 2 years and up to 5 years.
   97         Section 3. Section 1002.59, Florida Statutes, is amended to
   98  read:
   99         1002.59 Emergent literacy and performance standards
  100  training courses and professional development.—
  101         (1) The office shall adopt minimum standards for one or
  102  more training courses in emergent literacy for prekindergarten
  103  instructors. Each course must comprise 5 clock hours and provide
  104  instruction in strategies and techniques to address the age
  105  appropriate progress of prekindergarten students in developing
  106  emergent literacy skills, including oral communication,
  107  knowledge of print and letters, phonemic and phonological
  108  awareness, and vocabulary and comprehension development. Each
  109  course must also provide resources containing strategies that
  110  allow students with disabilities and other special needs to
  111  derive maximum benefit from the Voluntary Prekindergarten
  112  Education Program. Successful completion of an emergent literacy
  113  training course approved under this section satisfies
  114  requirements for approved training in early literacy and
  115  language development under ss. 402.305(2)(e)5., 402.313(6), and
  116  402.3131(5).
  117         (2) The office shall adopt minimum standards for one or
  118  more training courses on the performance standards adopted under
  119  s. 1002.67(1) and the domains listed in s. 1002.68(1)(b), which
  120  must include, but not be limited to, training relating to
  121  mathematical thinking and executive functioning. Each course
  122  must be comprised of comprise at least 3 clock hours, provide
  123  instruction in strategies and techniques to address age
  124  appropriate progress of each child in attaining the standards,
  125  and be available online.
  126         (3)The office shall make available professional
  127  development and training courses that support prekindergarten
  128  instructors in increasing the competency of teacher-child
  129  interactions. Each course must be comprised of at least 8 clock
  130  hours, provide instruction in strategies and techniques to
  131  address the age-appropriate progress of each child in attaining
  132  the standards, and be available online.
  133         Section 4. Subsection (9) is added to section 1002.61,
  134  Florida Statutes, to read:
  135         1002.61 Summer prekindergarten program delivered by public
  136  schools and private prekindergarten providers.—
  137         (9)(a)Each early learning coalition shall verify that each
  138  private prekindergarten provider delivering the Voluntary
  139  Prekindergarten Education Program within the coalition’s county
  140  or multicounty region complies with this part. Each district
  141  school board shall verify that each public school delivering the
  142  program within the school district complies with this part.
  143         (b)If a private prekindergarten provider or public school
  144  fails or refuses to comply with this part, or if a provider or
  145  school engages in misconduct, the office shall require the early
  146  learning coalition to remove the provider or require the school
  147  district to remove the school from eligibility to deliver the
  148  Voluntary Prekindergarten Education Program and receive state
  149  funds under this part for a period of at least 2 years and up to
  150  5 years.
  151         Section 5. Subsection (9) is added to section 1002.63,
  152  Florida Statutes, to read:
  153         1002.63 School-year prekindergarten program delivered by
  154  public schools.—
  155         (9)(a)Each district school board shall verify that each
  156  public school delivering the Voluntary Prekindergarten Education
  157  Program within the school district complies with this part.
  158         (b)If a public school fails or refuses to comply with this
  159  part, or if a school engages in misconduct, the office shall
  160  require the school district to remove the school from
  161  eligibility to deliver the Voluntary Prekindergarten Education
  162  Program and receive state funds under this part for a period of
  163  at least 2 years and up to 5 years.
  164         Section 6. Section 1002.67, Florida Statutes, is amended to
  165  read:
  166         1002.67 Performance standards and; curricula and
  167  accountability.—
  168         (1)(a) The office shall develop and adopt performance
  169  standards for students in the Voluntary Prekindergarten
  170  Education Program. The performance standards must address the
  171  age-appropriate progress of students in the development of:
  172         1. The capabilities, capacities, and skills required under
  173  s. 1(b), Art. IX of the State Constitution; and
  174         2. Emergent literacy skills, including oral communication,
  175  knowledge of print and letters, phonemic and phonological
  176  awareness, and vocabulary and comprehension development;
  177         3.Mathematical thinking and early math skills; and
  178         4.Executive functioning skills.
  179  
  180  By October 1, 2013, the office shall examine the existing
  181  performance standards in the area of mathematical thinking and
  182  develop a plan to make appropriate professional development and
  183  training courses available to prekindergarten instructors.
  184         (b) At least every 3 years, the office and the department
  185  shall jointly periodically review and, if necessary, revise the
  186  performance standards for the statewide end-of-prekindergarten
  187  kindergarten screening administered under s. 1002.68(3)(a) s.
  188  1002.69 and align the standards to the standards established by
  189  the state board for student performance on the statewide
  190  assessments administered pursuant to s. 1008.22. The office and
  191  the department shall ensure that there is a coordinated
  192  assessment system that allows for tracking the progress of
  193  students in the Voluntary Prekindergarten Education Program
  194  through grade 2 in order to provide timely interventions and
  195  supports to students not meeting grade level expectations.
  196         (2)(a) Each private prekindergarten provider and public
  197  school may select or design the curriculum that the provider or
  198  school uses to implement the Voluntary Prekindergarten Education
  199  Program, except as otherwise required for a provider or school
  200  that is placed on probation under paragraph (4)(c).
  201         (b) Each private prekindergarten provider’s and public
  202  school’s curriculum must be developmentally appropriate and
  203  must:
  204         1. Be designed to prepare a student for early literacy and
  205  provide for instruction in early math skills;
  206         2. Enhance the age-appropriate progress of students in
  207  attaining the performance standards adopted by the department
  208  under subsection (1); and
  209         3. Prepare students to be ready for kindergarten based upon
  210  the statewide end-of-prekindergarten screening statewide
  211  kindergarten screening administered under s. 1002.68 s. 1002.69.
  212         (c) The office shall review and approve curricula for use
  213  by private prekindergarten providers and public schools that are
  214  placed on probation under paragraph (4)(c). The office shall
  215  maintain a list of the curricula approved under this paragraph.
  216  Each approved curriculum must meet the requirements of paragraph
  217  (b).
  218         (3)(a)Contingent upon legislative appropriation, each
  219  private prekindergarten provider and public school in the
  220  Voluntary Prekindergarten Education Program must implement an
  221  evidence-based pre- and post-assessment that has been approved
  222  by rule of the State Board of Education.
  223         (b)In order to be approved, the assessment must be valid,
  224  reliable, developmentally appropriate, and designed to measure
  225  student progress on domains which must include, but are not
  226  limited to, early literacy, numeracy, and language.
  227         (c)The pre- and post-assessment must be administered by
  228  individuals meeting requirements established by rule of the
  229  State Board of Education.
  230         (4)(a)Each early learning coalition shall verify that each
  231  private prekindergarten provider delivering the Voluntary
  232  Prekindergarten Education Program within the coalition’s county
  233  or multicounty region complies with this part. Each district
  234  school board shall verify that each public school delivering the
  235  program within the school district complies with this part.
  236         (b)If a private prekindergarten provider or public school
  237  fails or refuses to comply with this part, or if a provider or
  238  school engages in misconduct, the office shall require the early
  239  learning coalition to remove the provider and require the school
  240  district to remove the school from eligibility to deliver the
  241  Voluntary Prekindergarten Education Program and receive state
  242  funds under this part for a period of 5 years.
  243         (c)1.If the kindergarten readiness rate of a private
  244  prekindergarten provider or public school falls below the
  245  minimum rate adopted by the office as satisfactory under s.
  246  1002.69(6), the early learning coalition or school district, as
  247  applicable, shall require the provider or school to submit an
  248  improvement plan for approval by the coalition or school
  249  district, as applicable, and to implement the plan; shall place
  250  the provider or school on probation; and shall require the
  251  provider or school to take certain corrective actions, including
  252  the use of a curriculum approved by the office under paragraph
  253  (2)(c) or a staff development plan to strengthen instruction in
  254  language development and phonological awareness approved by the
  255  office.
  256         2.A private prekindergarten provider or public school that
  257  is placed on probation must continue the corrective actions
  258  required under subparagraph 1., including the use of a
  259  curriculum or a staff development plan to strengthen instruction
  260  in language development and phonological awareness approved by
  261  the office, until the provider or school meets the minimum rate
  262  adopted by the office as satisfactory under s. 1002.69(6).
  263  Failure to implement an approved improvement plan or staff
  264  development plan shall result in the termination of the
  265  provider’s contract to deliver the Voluntary Prekindergarten
  266  Education Program for a period of 5 years.
  267         3.If a private prekindergarten provider or public school
  268  remains on probation for 2 consecutive years and fails to meet
  269  the minimum rate adopted by the office as satisfactory under s.
  270  1002.69(6) and is not granted a good cause exemption by the
  271  office pursuant to s. 1002.69(7), the office shall require the
  272  early learning coalition or the school district to remove, as
  273  applicable, the provider or school from eligibility to deliver
  274  the Voluntary Prekindergarten Education Program and receive
  275  state funds for the program for a period of 5 years.
  276         (d)Each early learning coalition and the office shall
  277  coordinate with the Child Care Services Program Office of the
  278  Department of Children and Families to minimize interagency
  279  duplication of activities for monitoring private prekindergarten
  280  providers for compliance with requirements of the Voluntary
  281  Prekindergarten Education Program under this part, the school
  282  readiness program under part VI of this chapter, and the
  283  licensing of providers under ss. 402.301-402.319.
  284         Section 7. Section 1002.68, Florida Statutes, is created to
  285  read:
  286         1002.68Voluntary Prekindergarten Education Program
  287  Accountability.—
  288         (1)(a)Each private prekindergarten provider and public
  289  school participating in the Voluntary Prekindergarten Education
  290  Program must implement an evidence-based pre- and post
  291  assessment that can be used for determining developmentally
  292  appropriate learning gains and that has been approved by rule of
  293  the State Board of Education.
  294         (b)In order to be approved, the assessment must be valid,
  295  reliable, developmentally appropriate, and designed to measure
  296  student progress on domains that include, but are not limited
  297  to, early literacy, numeracy, and language.
  298         (c)The pre- and post-assessment must be administered by
  299  individuals meeting requirements established by rule of the
  300  state board.
  301         (2)(a)Each private prekindergarten provider and public
  302  school in the Voluntary Prekindergarten Education Program must
  303  participate in a program assessment of each voluntary
  304  prekindergarten education classroom. The program assessment
  305  shall measure the quality of teacher-child interactions,
  306  including emotional and behavioral support, engaged support for
  307  learning, classroom organization, and instructional support for
  308  children ages 3 to 5 years.
  309         (b)The program assessment must be administered by
  310  individuals meeting requirements established by rule of the
  311  state board.
  312         (3)(a)The office and the department shall adopt a
  313  statewide end-of-prekindergarten screening that assesses the
  314  readiness of each student for kindergarten based upon the
  315  performance standards adopted under s. 1002.67(1) for the
  316  Voluntary Prekindergarten Education Program. The office shall
  317  require that each early learning coalition or school district
  318  administer the statewide end-of-prekindergarten screening to
  319  each prekindergarten student in the Voluntary Prekindergarten
  320  Education Program within the last 30 school days of a school
  321  year prekindergarten program and within the last 10 days of a
  322  summer prekindergarten program.
  323         (b)The statewide end-of-prekindergarten screening shall
  324  provide objective data concerning each student’s readiness for
  325  kindergarten and progress in attaining the performance standards
  326  adopted by the office under s. 1002.67(1). Data from the
  327  screening, along with other available data, must be used to
  328  identify students in need of intervention and support pursuant
  329  to s. 1008.25(5).
  330         (c)The statewide end-of-prekindergarten screening shall
  331  incorporate mechanisms for recognizing potential variations in
  332  kindergarten readiness rates for students with disabilities.
  333         (d)The statewide end-of-prekindergarten screening must be
  334  administered by individuals meeting requirements established by
  335  rule of the state board.
  336         (4)Data collected pursuant to this section must be
  337  maintained in the department’s PK-20 Education Data Warehouse.
  338         (5)(a)The office shall adopt a methodology for calculating
  339  each provider’s program score, which must include program
  340  assessment scores, developmentally appropriate learning gain
  341  data from the pre- and post-assessment under subsection (1), and
  342  the results of the statewide end-of-prekindergarten screening.
  343  The office shall select an independent expert with experience in
  344  relevant quantitative analysis, early childhood assessment, and
  345  designing state-level accountability systems to develop the
  346  methodology, which must include a weighted formula, for
  347  calculating each provider’s score.
  348         (b)The office shall adopt procedures to annually calculate
  349  each private prekindergarten provider’s and public school’s
  350  program score based on the methodology adopted in paragraph (a).
  351         (c)The office shall periodically adopt a minimum program
  352  score that, if achieved by a private prekindergarten provider or
  353  public school, would demonstrate the provider’s or school’s
  354  satisfactory delivery of the Voluntary Prekindergarten Education
  355  Program.
  356         (6)(a)If a private prekindergarten provider’s or public
  357  school’s program score falls below the minimum program score,
  358  the early learning coalition or school district, as applicable,
  359  shall:
  360         1.Require the provider or school to submit an improvement
  361  plan for approval by the coalition or school district, as
  362  applicable, and to implement the plan;
  363         2.Place the provider or school on probation; and
  364         3.Require the provider or school to take certain
  365  corrective actions, including the use of a curriculum approved
  366  by the office under s. 1002.67(2)(c) or a staff development plan
  367  to strengthen instruction in language development, phonological
  368  awareness, and mathematical thinking approved by the office.
  369         (b)A private prekindergarten provider or public school
  370  that is placed on probation must continue the corrective actions
  371  required under paragraph (a) until the provider or school meets
  372  the minimum program score adopted by the office. Failure to meet
  373  the requirements of subparagraphs (a)1. and 3. shall result in
  374  the termination of the provider’s or school’s contract to
  375  deliver the Voluntary Prekindergarten Education Program for a
  376  period of at least 2 years and up to 5 years.
  377         (c)If a private prekindergarten provider or public school
  378  remains on probation for 2 consecutive years and fails to meet
  379  the minimum program score or is not granted a good cause
  380  exemption by the office, the office shall require the early
  381  learning coalition or the school district to revoke the
  382  provider’s or school’s eligibility to deliver the Voluntary
  383  Prekindergarten Education Program and receive state funds for
  384  the program for a period of at least 2 years and up to 5 years.
  385         (7)(a)The office, upon the request of a private
  386  prekindergarten provider or public school that remains on
  387  probation for at least 2 consecutive years and subsequently
  388  fails to meet the minimum program score adopted pursuant to
  389  paragraph (5)(c), and for good cause shown, may grant to the
  390  provider or school an exemption from being determined ineligible
  391  to deliver the Voluntary Prekindergarten Education Program and
  392  receive state funds for the program. Such exemption is valid for
  393  1 year and, upon the request of the private prekindergarten
  394  provider or public school and for good cause shown, may be
  395  renewed.
  396         (b)A private prekindergarten provider’s or public school’s
  397  request for a good cause exemption, or renewal of such an
  398  exemption, must be submitted to the office in the manner and
  399  within the timeframes prescribed by the office and must include
  400  the following:
  401         1.Data from the private prekindergarten provider or public
  402  school which documents the achievement and progress of the
  403  children served, as measured by any required screenings or
  404  assessments.
  405         2.Data from the program assessment data required under
  406  paragraph (2)(a) which demonstrates effective teaching practices
  407  as recognized by the program assessment tool developer.
  408         3.Data from the early learning coalition or district
  409  school board, as applicable, the Department of Children and
  410  Families, the local licensing authority, or an accrediting
  411  association, as applicable, relating to the private
  412  prekindergarten provider’s or public school’s compliance with
  413  state and local health and safety standards.
  414         (c)The office shall adopt criteria for granting good cause
  415  exemptions. Such criteria must include, but is not limited to,
  416  all of the following:
  417         1.Learning gains of children served in the Voluntary
  418  Prekindergarten Education Program by the private prekindergarten
  419  provider or public school.
  420         2.Program assessment data under paragraph (2)(a) which
  421  demonstrates effective teaching practices as recognized by the
  422  program assessment tool developer.
  423         3.Verification that local and state health and safety
  424  requirements are met.
  425         (d)A good cause exemption may not be granted to any
  426  private prekindergarten provider or public school that has any
  427  class I violations or two or more class II violations within the
  428  2 years preceding the provider’s or school’s request for the
  429  exemption. For purposes of this paragraph, class I and class II
  430  violations have the same meaning as provided in s. 402.281(4).
  431         (e)A private prekindergarten provider or public school
  432  granted a good cause exemption shall continue to implement its
  433  improvement plan and continue the corrective actions required
  434  under subsection (6) until the provider or school meets the
  435  minimum program score.
  436         (f)If a good cause exemption is granted to a private
  437  prekindergarten provider or public school that remains on
  438  probation for 2 consecutive years, the office shall notify the
  439  early learning coalition or school district of the good cause
  440  exemption and direct that the coalition or school district not
  441  remove the provider from eligibility to deliver the Voluntary
  442  Prekindergarten Education Program or to receive state funds for
  443  the program, if the provider meets all other applicable
  444  requirements of this part.
  445         Section 8. Section 1002.69, Florida Statutes, is amended to
  446  read:
  447         1002.69 Statewide kindergarten screening and; kindergarten
  448  readiness rates; state-approved prekindergarten enrollment
  449  screening; good cause exemption.—
  450         (1) The department shall adopt a statewide kindergarten
  451  screening that assesses the readiness of each student for
  452  kindergarten based upon the performance standards adopted by the
  453  department under s. 1003.41 s. 1002.67(1) for the Voluntary
  454  Prekindergarten Education Program. The department shall require
  455  that each school district administer the statewide kindergarten
  456  screening or an alternative kindergarten screening approved by
  457  the department to each kindergarten student in the school
  458  district within the first 30 school days of each school year or
  459  upon enrollment into public school for the first time. Each
  460  school district must provide a student’s performance results to
  461  the student’s teachers within 1 week and to the student’s
  462  parents no later than 30 days after the administration.
  463  Nonpublic schools may administer the statewide kindergarten
  464  screening to each kindergarten student in a nonpublic school who
  465  was enrolled in the Voluntary Prekindergarten Education Program.
  466         (2) The statewide kindergarten screening shall provide
  467  objective data concerning each student’s readiness for
  468  kindergarten and progress in attaining the performance standards
  469  adopted by the office under s. 1002.67(1). Data from the
  470  screening, along with other available data, must be used to
  471  identify students in need of intervention and support pursuant
  472  to s. 1008.25(5).
  473         (3) The statewide kindergarten screening shall incorporate
  474  mechanisms for recognizing potential variations in kindergarten
  475  readiness rates for students with disabilities.
  476         (4) School districts must re-administer the statewide
  477  screening or an alternative kindergarten screening approved by
  478  the department no sooner than the last 45 days of school and no
  479  later than the last 30 days of school to all students who did
  480  not score above the readiness level. School districts must
  481  provide a student’s performance results to the student’s
  482  teachers within 1 week and to the student’s parents no later
  483  than 30 days after the administration Each parent who enrolls
  484  his or her child in the Voluntary Prekindergarten Education
  485  Program must submit the child for the statewide kindergarten
  486  screening, regardless of whether the child is admitted to
  487  kindergarten in a public school or nonpublic school. Each school
  488  district shall designate sites to administer the statewide
  489  kindergarten screening for children admitted to kindergarten in
  490  a nonpublic school.
  491         (5) The department office shall adopt procedures to
  492  annually calculate:
  493         (a) Each private prekindergarten provider’s and public
  494  school’s kindergarten readiness rate, which must be expressed as
  495  the percentage of the provider’s or school’s students who are
  496  assessed as ready for kindergarten.
  497         (b)The percentage of students at each school who scored
  498  below the kindergarten readiness level during the first 30 days
  499  of school who met the kindergarten readiness level by the end of
  500  the school year.
  501         (c)The percentage of students at each school who did not
  502  meet the kindergarten readiness level by the end of the school
  503  year and who were promoted to first grade The methodology for
  504  calculating each provider’s kindergarten readiness rate must
  505  include student learning gains when available and the percentage
  506  of students who meet all state readiness measures. The rates
  507  must not include students who are not administered the statewide
  508  kindergarten screening. The office shall determine learning
  509  gains using a value-added measure based on growth demonstrated
  510  by the results of the preassessment and postassessment from at
  511  least 2 successive years of administration of the preassessment
  512  and postassessment.
  513         (6) Data collected pursuant to this section must be
  514  maintained in the department’s PK-20 Education Data Warehouse
  515  The office shall periodically adopt a minimum kindergarten
  516  readiness rate that, if achieved by a private prekindergarten
  517  provider or public school, would demonstrate the provider’s or
  518  school’s satisfactory delivery of the Voluntary Prekindergarten
  519  Education Program.
  520         (7)(a)Notwithstanding s. 1002.67(4)(c)3., the office, upon
  521  the request of a private prekindergarten provider or public
  522  school that remains on probation for 2 consecutive years or more
  523  and subsequently fails to meet the minimum rate adopted under
  524  subsection (6) and for good cause shown, may grant to the
  525  provider or school an exemption from being determined ineligible
  526  to deliver the Voluntary Prekindergarten Education Program and
  527  receive state funds for the program. Such exemption is valid for
  528  1 year and, upon the request of the private prekindergarten
  529  provider or public school and for good cause shown, may be
  530  renewed.
  531         (b)A private prekindergarten provider’s or public school’s
  532  request for a good cause exemption, or renewal of such an
  533  exemption, must be submitted to the office in the manner and
  534  within the timeframes prescribed by the office and must include
  535  the following:
  536         1.Submission of data by the private prekindergarten
  537  provider or public school which documents the achievement and
  538  progress of the children served as measured by the state
  539  approved prekindergarten enrollment screening and the
  540  standardized postassessment approved by the office pursuant to
  541  subparagraph (c)1.
  542         2.Submission and review of data available from the
  543  respective early learning coalition or district school board,
  544  the Department of Children and Families, local licensing
  545  authority, or an accrediting association, as applicable,
  546  relating to the private prekindergarten provider’s or public
  547  school’s compliance with state and local health and safety
  548  standards.
  549         3.Submission and review of data available to the office on
  550  the performance of the children served and the calculation of
  551  the private prekindergarten provider’s or public school’s
  552  kindergarten readiness rate.
  553         (c)The office shall adopt criteria for granting good cause
  554  exemptions. Such criteria shall include, but are not limited to:
  555         1.Learning gains of children served in the Voluntary
  556  Prekindergarten Education Program by the private prekindergarten
  557  provider or public school.
  558         2.Verification that local and state health and safety
  559  requirements are met.
  560         (d)A good cause exemption may not be granted to any
  561  private prekindergarten provider that has any class I violations
  562  or two or more class II violations within the 2 years preceding
  563  the provider’s or school’s request for the exemption. For
  564  purposes of this paragraph, class I and class II violations have
  565  the same meaning as provided in s. 402.281(4).
  566         (e)A private prekindergarten provider or public school
  567  granted a good cause exemption shall continue to implement its
  568  improvement plan and continue the corrective actions required
  569  under s. 1002.67(4)(c)1., including the use of a curriculum
  570  approved by the office, until the provider or school meets the
  571  minimum rate adopted under subsection (6).
  572         (f)If a good cause exemption is granted to a private
  573  prekindergarten provider who remains on probation for 2
  574  consecutive years, the office shall notify the early learning
  575  coalition of the good cause exemption and direct that the
  576  coalition, notwithstanding s. 1002.67(4)(c)3., not remove the
  577  provider from eligibility to deliver the Voluntary
  578  Prekindergarten Education Program or to receive state funds for
  579  the program, if the provider meets all other applicable
  580  requirements of this part.
  581         Section 9. Paragraphs (d) and (g) of subsection (2) of
  582  section 1002.73, Florida Statutes, are amended to read:
  583         1002.73 Department of Education; powers and duties;
  584  accountability requirements.—
  585         (2) The department shall adopt procedures for its:
  586         (d) Identification of alternative kindergarten screenings
  587  that equate to the statewide kindergarten screening established
  588  under s. 1002.69(1) Implementation of, and determination of
  589  costs associated with, the state-approved prekindergarten
  590  enrollment screening and the standardized postassessment
  591  approved by the department, and determination of the learning
  592  gains of students who complete the state-approved
  593  prekindergarten enrollment screening and the standardized
  594  postassessment approved by the department.
  595         (g)Granting of a private prekindergarten provider’s or
  596  public school’s request for a good cause exemption under s.
  597  1002.69(7).
  598         Section 10. Paragraph (e) of subsection (2) and paragraphs
  599  (a), (b), and (c) of subsection (3) of section 1002.75, Florida
  600  Statutes, are amended to read:
  601         1002.75 Office of Early Learning; powers and duties.—
  602         (2) The Office of Early Learning shall adopt procedures
  603  governing the administration of the Voluntary Prekindergarten
  604  Education Program by the early learning coalitions and school
  605  districts for:
  606         (e) Verifying the compliance of private prekindergarten
  607  providers and public schools and removing providers or schools
  608  from eligibility to deliver the program due to noncompliance or
  609  misconduct as provided in s. 1002.67.
  610         (3) The Office of Early Learning shall adopt, in
  611  consultation with and subject to approval by the department,
  612  procedures governing the administration of the Voluntary
  613  Prekindergarten Education Program by the early learning
  614  coalitions and school districts for:
  615         (a) Approving improvement plans of private prekindergarten
  616  providers and public schools under s. 1002.68 s. 1002.67.
  617         (b) Placing private prekindergarten providers and public
  618  schools on probation and requiring corrective actions under s.
  619  1002.68 s. 1002.67.
  620         (c) Removing a private prekindergarten provider or public
  621  school from eligibility to deliver the program due to the
  622  provider’s or school’s remaining on probation beyond the time
  623  permitted under s. 1002.68 s. 1002.67. Notwithstanding any other
  624  provision of law, if a private prekindergarten provider has been
  625  cited for a class I violation, as defined by rule, the coalition
  626  may refuse to contract with the provider or revoke the
  627  provider’s eligibility to deliver the Voluntary Prekindergarten
  628  Education Program.
  629         Section 11. This act shall take effect July 1, 2019.