Florida Senate - 2020              PROPOSED COMMITTEE SUBSTITUTE
       Bill No. SB 1688
       
       
       
       
       
                               Ì244914,Î244914                          
       
       576-04134-20                                                    
       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 and early grade
    3         success; amending s. 20.055, F.S.; conforming
    4         provisions to changes made by the act; amending s.
    5         20.15, F.S.; eliminating the Office of Early Learning
    6         from the Office of Independent Education and Parental
    7         Choice of the Department of Education; establishing
    8         the Division of Early Learning within the department;
    9         amending s. 39.202, F.S.; conforming provisions to
   10         changes made by the act; amending s. 39.604, F.S.;
   11         revising approved child care or early education
   12         settings for the placement of certain children;
   13         conforming a cross-reference to changes made by the
   14         act; amending s. 212.08, F.S.; conforming provisions
   15         to changes made by the act; amending ss. 383.14,
   16         391.308, and 402.26, F.S.; conforming provisions and
   17         cross-references to changes made by the act;
   18         transferring, renumbering, and amending s. 402.281,
   19         F.S.; revising the requirements of the Gold Seal
   20         Quality Care program; requiring the State Board of
   21         Education to adopt specified rules; revising
   22         accrediting association requirements; providing
   23         requirements for accrediting associations; requiring
   24         the department to adopt a specified process; providing
   25         requirements for such process; deleting a requirement
   26         for the department to consult certain entities for
   27         specified purposes; providing requirements for certain
   28         providers to maintain Gold Seal Quality Care status;
   29         providing exemptions to certain ad valorem taxes;
   30         providing rate differentials to certain providers;
   31         providing for a type two transfer of the Gold Seal
   32         Quality Care program in the Department of Children and
   33         Families to the Department of Education; providing for
   34         the continuation of certain contracts and interagency
   35         agreements; amending s. 402.305, F.S.; requiring
   36         minimum child care licensing standards adopted between
   37         specified dates to be ratified by the Legislature;
   38         revising requirements relating to staff trained in
   39         cardiopulmonary resuscitation; amending s. 402.315,
   40         F.S.; conforming a cross-reference to changes made by
   41         the act; amending s. 402.56, F.S.; revising the
   42         membership of the Children and Youth Cabinet; amending
   43         ss. 411.226, 411.227, 414.295, 1000.01, 1000.02,
   44         1000.03, 1000.04, 1000.21, 1001.02, 1001.03, 1001.10,
   45         and 1001.11, F.S.; conforming provisions and cross
   46         references to changes made by the act; repealing s.
   47         1001.213, F.S., relating to the Office of Early
   48         Learning; amending ss. 1001.215, 1001.23, 1001.70,
   49         1001.706, 1002.22, 1002.32, 1002.34, and 1002.36 F.S.;
   50         conforming provisions and cross-references to changes
   51         made by the act; amending s. 1002.53, F.S.; revising
   52         the requirements for certain program provider
   53         profiles; requiring students enrolled in the Voluntary
   54         Prekindergarten Education Program to participate in a
   55         specified screening and progress monitoring program;
   56         amending s. 1002.55, F.S.; authorizing certain child
   57         development programs operating on a military
   58         installment to be private prekindergarten providers
   59         within the Voluntary Prekindergarten Education
   60         Program; providing that a private prekindergarten
   61         provider is ineligible for participation in the
   62         program under certain circumstances; revising
   63         requirements that must be met by a prekindergarten
   64         instructor; revising requirements for specified
   65         courses for prekindergarten instructors; providing
   66         that a private school administrator who holds a
   67         specified certificate meets certain credential
   68         requirements; providing liability insurance
   69         requirements for child development programs operating
   70         on a military installment participating in the
   71         program; requiring early learning coalitions to verify
   72         private prekindergarten provider compliance with
   73         specified provisions; requiring such coalitions to
   74         remove a provider’s eligibility under specified
   75         circumstances; amending s. 1002.57, F.S.; revising the
   76         minimum standards for a credential for certain
   77         prekindergarten directors; amending s. 1002.59, F.S.;
   78         revising requirements for emergent literacy and
   79         performance standards training courses for
   80         prekindergarten instructors; requiring the department
   81         to make certain courses available; amending s.
   82         1002.61, F.S.; authorizing certain child development
   83         programs operating on a military installment to be
   84         private prekindergarten providers within the summer
   85         Voluntary Prekindergarten Education Program; revising
   86         the criteria for a teacher to receive priority for the
   87         summer program in a school district; requiring child
   88         development programs operating on a military
   89         installment to comply with specified criteria;
   90         requiring early learning coalitions to verify
   91         specified information; providing for the removal of a
   92         program provider from eligibility under certain
   93         circumstances; amending s. 1002.63, F.S.; requiring
   94         early learning coalitions to verify specified
   95         information; providing for the removal of public
   96         school program providers from the program under
   97         certain circumstances; amending s. 1002.67, F.S.;
   98         revising the performance standards for the Voluntary
   99         Prekindergarten Education Program; requiring the
  100         department to review and revise performance standards
  101         on a specified schedule; revising curriculum
  102         requirements for the program; requiring the department
  103         to adopt procedures for the review and approval of
  104         curricula for the program; deleting a required
  105         preassessment and postassessment for the program;
  106         creating s. 1002.68, F.S.; requiring providers of the
  107         Voluntary Prekindergarten Education Program to
  108         participate in a specified screening and progress
  109         monitoring program; providing specified uses for the
  110         results of such program; requiring certain portions of
  111         the screening and progress monitoring program to be
  112         administered by individuals who meet specified
  113         criteria; requiring the results of specified
  114         assessments to be reported to the parents of
  115         participating students; providing requirements for
  116         such assessments; providing department duties and
  117         responsibilities relating to such assessments;
  118         providing requirements for a specified methodology
  119         used to calculate the results of such assessments;
  120         requiring the department to establish a designation
  121         system for program providers; providing for the
  122         adoption of a minimum performance metric or
  123         designation for program participation; providing
  124         procedures for a provider whose score or designation
  125         falls below the minimum requirement; providing for the
  126         revocation of program eligibility for a provider;
  127         authorizing the department to grant good cause
  128         exemptions to providers under certain circumstances;
  129         providing department and provider requirements for
  130         such exemptions; repealing s. 1002.69, F.S., relating
  131         to statewide kindergarten screening and readiness
  132         rates; amending ss. 1002.71 and 1002.72, F.S.;
  133         conforming provisions to changes made by the act;
  134         amending s. 1002.73, F.S.; requiring the department to
  135         adopt a statewide provider contract; requiring such
  136         contract to be published on the department’s website;
  137         providing requirements for such contract; prohibiting
  138         providers from offering services during an appeal of
  139         termination from the program; providing applicability;
  140         requiring the department to adopt specified procedures
  141         relating to the Voluntary Prekindergarten Education
  142         Program; providing duties of the department relating
  143         to such program; repealing s. 1002.75, F.S., relating
  144         to the powers and duties of the Office of Early
  145         Learning; repealing s. 1002.77, F.S., relating to the
  146         Florida Early Learning Advisory Council; amending ss.
  147         1002.79 and 1002.81, F.S.; conforming provisions and
  148         cross-references to changes made by the act; amending
  149         s. 1002.82, F.S.; providing duties of the department
  150         relating to early learning; exempting certain child
  151         development programs operating on a military
  152         installment from specified inspection requirements;
  153         requiring the department to monitor specified
  154         standards and benchmarks for certain purposes;
  155         requiring the department to provide specified
  156         technical support; revising requirements for a
  157         specified assessment program; requiring the department
  158         to adopt requirements to make certain contracted slots
  159         available to serve specified populations; requiring
  160         the department to adopt procedures for the merging of
  161         early learning coalitions; revising the requirements
  162         for a specified report; amending s. 1002.83, F.S.;
  163         revising the number of authorized early learning
  164         coalitions; revising the number of and requirements
  165         for members of an early learning coalition; revising
  166         requirements for such coalitions; amending s. 1002.84,
  167         F.S.; revising early learning coalition
  168         responsibilities and duties; revising requirements for
  169         the waiver of specified copayments; amending s.
  170         1002.85, F.S.; revising the requirements for school
  171         readiness program plans; amending s. 1002.88, F.S.;
  172         authorizing certain child development programs
  173         operating on military instillations to participate in
  174         the school readiness program; revising requirements to
  175         deliver such a program; providing that a specified
  176         annual inspection for a child development program
  177         participating in the school readiness program meets
  178         certain provider requirements; providing requirements
  179         for a child development program to meet certain
  180         liability requirements; amending ss. 1002.89,
  181         1002.895, and 1002.91, F.S.; conforming provisions and
  182         cross-references to changes made by the act; amending
  183         s. 1002.92, F.S.; revising the services that must be
  184         provided by child care resource and referral agencies;
  185         amending s. 1002.93, F.S.; conforming provisions to
  186         changes made by the act; repealing s. 1002.94, F.S.,
  187         relating to the Child Care Executive Partnership
  188         Program; amending ss. 1002.95, 1002.96, 1002.97,
  189         1002.995, 1003.575, and 1007.01, F.S.; conforming
  190         provisions and cross-references to changes made by the
  191         act; creating s. 1008.2125, F.S.; creating the
  192         coordinated screening and progress monitoring program
  193         within the department for specified purposes;
  194         requiring the Commissioner of Education to design such
  195         program; providing requirements for the administration
  196         of such program and the use of results from the
  197         program; providing requirements for the commissioner;
  198         creating the Early Grade Success Advisory Committee;
  199         providing duties of the committee; providing for the
  200         membership of the committee; requiring the committee
  201         to elect a chair and a vice chair; providing
  202         requirements for such appointments; providing for per
  203         diem for members of the committee; providing meeting
  204         requirements for the committee; providing for a quorum
  205         of the committee; amending s. 1008.25, F.S.;
  206         authorizing certain students who enrolled in the
  207         Voluntary Prekindergarten Education Program to receive
  208         intensive reading interventions using specified funds;
  209         amending ss. 1008.31, 1008.32, and 1008.33, F.S.;
  210         conforming provisions to changes made by the act;
  211         amending s. 1011.62, F.S.; revising the research-based
  212         reading instruction allocation to authorize the use of
  213         such funds for certain intensive reading interventions
  214         for certain students; revising the requirements for
  215         specified reading instruction and interventions;
  216         defining the term “evidence-based”; providing an
  217         effective date.
  218          
  219  Be It Enacted by the Legislature of the State of Florida:
  220  
  221         Section 1. Paragraphs (a) and (d) of subsection (1) of
  222  section 20.055, Florida Statutes, are amended to read:
  223         20.055 Agency inspectors general.—
  224         (1) As used in this section, the term:
  225         (a) “Agency head” means the Governor, a Cabinet officer, or
  226  a secretary or executive director as those terms are defined in
  227  s. 20.03, the chair of the Public Service Commission, the
  228  Director of the Office of Insurance Regulation of the Financial
  229  Services Commission, the Director of the Office of Financial
  230  Regulation of the Financial Services Commission, the board of
  231  directors of the Florida Housing Finance Corporation, the
  232  executive director of the Office of Early Learning, and the
  233  Chief Justice of the State Supreme Court.
  234         (d) “State agency” means each department created pursuant
  235  to this chapter and the Executive Office of the Governor, the
  236  Department of Military Affairs, the Fish and Wildlife
  237  Conservation Commission, the Office of Insurance Regulation of
  238  the Financial Services Commission, the Office of Financial
  239  Regulation of the Financial Services Commission, the Public
  240  Service Commission, the Board of Governors of the State
  241  University System, the Florida Housing Finance Corporation, the
  242  Office of Early Learning, and the state courts system.
  243         Section 2. Present paragraphs (c) through (j) of subsection
  244  (3) of section 20.15, Florida Statutes, are redesignated as
  245  paragraphs (d) through (k), respectively, a new paragraph (c) is
  246  added to that subsection, and present paragraph (i) of
  247  subsection (3) and subsection (5) are amended, to read:
  248         20.15 Department of Education.—There is created a
  249  Department of Education.
  250         (3) DIVISIONS.—The following divisions of the Department of
  251  Education are established:
  252         (c)Division of Early Learning.
  253         (j)(i) The Office of Independent Education and Parental
  254  Choice, which must include the following offices:
  255         1.The Office of Early Learning, which shall be
  256  administered by an executive director who is fully accountable
  257  to the Commissioner of Education. The executive director shall,
  258  pursuant to s. 1001.213, administer the early learning programs,
  259  including the school readiness program and the Voluntary
  260  Prekindergarten Education Program at the state level.
  261         2. the Office of K-12 School Choice, which shall be
  262  administered by an executive director who is fully accountable
  263  to the Commissioner of Education.
  264         (5) POWERS AND DUTIES.—The State Board of Education and the
  265  Commissioner of Education shall assign to the divisions such
  266  powers, duties, responsibilities, and functions as are necessary
  267  to ensure the greatest possible coordination, efficiency, and
  268  effectiveness of education for students in Early Learning-20 K
  269  20 education under the jurisdiction of the State Board of
  270  Education.
  271         Section 3. Paragraph (a) of subsection (2) of section
  272  39.202, Florida Statutes, is amended to read:
  273         39.202 Confidentiality of reports and records in cases of
  274  child abuse or neglect.—
  275         (2) Except as provided in subsection (4), access to such
  276  records, excluding the name of, or other identifying information
  277  with respect to, the reporter which shall be released only as
  278  provided in subsection (5), shall be granted only to the
  279  following persons, officials, and agencies:
  280         (a) Employees, authorized agents, or contract providers of
  281  the department, the Department of Health, the Agency for Persons
  282  with Disabilities, the Department of Education Office of Early
  283  Learning, or county agencies responsible for carrying out:
  284         1. Child or adult protective investigations;
  285         2. Ongoing child or adult protective services;
  286         3. Early intervention and prevention services;
  287         4. Healthy Start services;
  288         5. Licensure or approval of adoptive homes, foster homes,
  289  child care facilities, facilities licensed under chapter 393,
  290  family day care homes, providers who receive school readiness
  291  funding under part VI of chapter 1002, or other homes used to
  292  provide for the care and welfare of children;
  293         6. Employment screening for caregivers in residential group
  294  homes; or
  295         7. Services for victims of domestic violence when provided
  296  by certified domestic violence centers working at the
  297  department’s request as case consultants or with shared clients.
  298  
  299  Also, employees or agents of the Department of Juvenile Justice
  300  responsible for the provision of services to children, pursuant
  301  to chapters 984 and 985.
  302         Section 4. Paragraph (b) of subsection (5) of section
  303  39.604, Florida Statutes, is amended to read:
  304         39.604 Rilya Wilson Act; short title; legislative intent;
  305  child care; early education; preschool.—
  306         (5) EDUCATIONAL STABILITY.—Just as educational stability is
  307  important for school-age children, it is also important to
  308  minimize disruptions to secure attachments and stable
  309  relationships with supportive caregivers of children from birth
  310  to school age and to ensure that these attachments are not
  311  disrupted due to placement in out-of-home care or subsequent
  312  changes in out-of-home placement.
  313         (b) If it is not in the best interest of the child for him
  314  or her to remain in his or her child care or early education
  315  setting upon entry into out-of-home care, the caregiver must
  316  work with the case manager, guardian ad litem, child care and
  317  educational staff, and educational surrogate, if one has been
  318  appointed, to determine the best setting for the child. Such
  319  setting may be a child care provider that receives a Gold Seal
  320  Quality Care designation pursuant to s. 1002.945 s. 402.281, a
  321  provider participating in a quality rating system, a licensed
  322  child care provider, a public school provider, or a license
  323  exempt child care provider, including religious-exempt and
  324  registered providers, and nonpublic schools.
  325         Section 5. Paragraph (m) of subsection (5) of section
  326  212.08, Florida Statutes, is amended to read:
  327         212.08 Sales, rental, use, consumption, distribution, and
  328  storage tax; specified exemptions.—The sale at retail, the
  329  rental, the use, the consumption, the distribution, and the
  330  storage to be used or consumed in this state of the following
  331  are hereby specifically exempt from the tax imposed by this
  332  chapter.
  333         (5) EXEMPTIONS; ACCOUNT OF USE.—
  334         (m) Educational materials purchased by certain child care
  335  facilities.—Educational materials, such as glue, paper, paints,
  336  crayons, unique craft items, scissors, books, and educational
  337  toys, purchased by a child care facility that meets the
  338  standards delineated in s. 402.305, is licensed under s.
  339  402.308, holds a current Gold Seal Quality Care designation
  340  pursuant to s. 1002.945 s. 402.281, and provides basic health
  341  insurance to all employees are exempt from the taxes imposed by
  342  this chapter. For purposes of this paragraph, the term “basic
  343  health insurance” shall be defined and promulgated in rules
  344  developed jointly by the Department of Education Children and
  345  Families, the Agency for Health Care Administration, and the
  346  Financial Services Commission.
  347         Section 6. Paragraph (b) of subsection (1) and paragraph
  348  (b) of subsection (2) of section 383.14, Florida Statutes, are
  349  amended to read:
  350         383.14 Screening for metabolic disorders, other hereditary
  351  and congenital disorders, and environmental risk factors.—
  352         (1) SCREENING REQUIREMENTS.—To help ensure access to the
  353  maternal and child health care system, the Department of Health
  354  shall promote the screening of all newborns born in Florida for
  355  metabolic, hereditary, and congenital disorders known to result
  356  in significant impairment of health or intellect, as screening
  357  programs accepted by current medical practice become available
  358  and practical in the judgment of the department. The department
  359  shall also promote the identification and screening of all
  360  newborns in this state and their families for environmental risk
  361  factors such as low income, poor education, maternal and family
  362  stress, emotional instability, substance abuse, and other high
  363  risk conditions associated with increased risk of infant
  364  mortality and morbidity to provide early intervention,
  365  remediation, and prevention services, including, but not limited
  366  to, parent support and training programs, home visitation, and
  367  case management. Identification, perinatal screening, and
  368  intervention efforts shall begin prior to and immediately
  369  following the birth of the child by the attending health care
  370  provider. Such efforts shall be conducted in hospitals,
  371  perinatal centers, county health departments, school health
  372  programs that provide prenatal care, and birthing centers, and
  373  reported to the Office of Vital Statistics.
  374         (b) Postnatal screening.—A risk factor analysis using the
  375  department’s designated risk assessment instrument shall also be
  376  conducted as part of the medical screening process upon the
  377  birth of a child and submitted to the department’s Office of
  378  Vital Statistics for recording and other purposes provided for
  379  in this chapter. The department’s screening process for risk
  380  assessment shall include a scoring mechanism and procedures that
  381  establish thresholds for notification, further assessment,
  382  referral, and eligibility for services by professionals or
  383  paraprofessionals consistent with the level of risk. Procedures
  384  for developing and using the screening instrument, notification,
  385  referral, and care coordination services, reporting
  386  requirements, management information, and maintenance of a
  387  computer-driven registry in the Office of Vital Statistics which
  388  ensures privacy safeguards must be consistent with the
  389  provisions and plans established under chapter 411, Pub. L. No.
  390  99-457, and this chapter. Procedures established for reporting
  391  information and maintaining a confidential registry must include
  392  a mechanism for a centralized information depository at the
  393  state and county levels. The department shall coordinate with
  394  existing risk assessment systems and information registries. The
  395  department must ensure, to the maximum extent possible, that the
  396  screening information registry is integrated with the
  397  department’s automated data systems, including the Florida On
  398  line Recipient Integrated Data Access (FLORIDA) system. Tests
  399  and screenings must be performed by the State Public Health
  400  Laboratory, in coordination with Children’s Medical Services, at
  401  such times and in such manner as is prescribed by the department
  402  after consultation with the Genetics and Newborn Screening
  403  Advisory Council and the Department of Education Office of Early
  404  Learning.
  405         (2) RULES.—
  406         (b) After consultation with the Department of Education
  407  Office of Early Learning, the department shall adopt and enforce
  408  rules requiring every newborn in this state to be screened for
  409  environmental risk factors that place children and their
  410  families at risk for increased morbidity, mortality, and other
  411  negative outcomes.
  412         Section 7. Paragraph (h) of subsection (2) of section
  413  391.308, Florida Statutes, is amended to read:
  414         391.308 Early Steps Program.—The department shall implement
  415  and administer part C of the federal Individuals with
  416  Disabilities Education Act (IDEA), which shall be known as the
  417  “Early Steps Program.”
  418         (2) DUTIES OF THE DEPARTMENT.—The department shall:
  419         (h) Promote interagency cooperation and coordination, with
  420  the Medicaid program, the Department of Education program
  421  pursuant to part B of the federal Individuals with Disabilities
  422  Education Act, and programs providing child screening such as
  423  the Florida Diagnostic and Learning Resources System, the Office
  424  of Early Learning, Healthy Start, and the Help Me Grow program.
  425         1. Coordination with the Medicaid program shall be
  426  developed and maintained through written agreements with the
  427  Agency for Health Care Administration and Medicaid managed care
  428  organizations as well as through active and ongoing
  429  communication with these organizations. The department shall
  430  assist local program offices to negotiate agreements with
  431  Medicaid managed care organizations in the service areas of the
  432  local program offices. Such agreements may be formal or
  433  informal.
  434         2. Coordination with education programs pursuant to part B
  435  of the federal Individuals with Disabilities Education Act shall
  436  be developed and maintained through written agreements with the
  437  Department of Education. The department shall assist local
  438  program offices to negotiate agreements with school districts in
  439  the service areas of the local program offices.
  440         Section 8. Subsection (6) of section 402.26, Florida
  441  Statutes, is amended to read:
  442         402.26 Child care; legislative intent.—
  443         (6)It is the intent of the Legislature that a child care
  444  facility licensed pursuant to s. 402.305 or a child care
  445  facility exempt from licensing pursuant to s. 402.316, that
  446  achieves Gold Seal Quality status pursuant to s. 402.281, be
  447  considered an educational institution for the purpose of
  448  qualifying for exemption from ad valorem tax pursuant to s.
  449  196.198.
  450         Section 9. Section 402.281, Florida Statutes, is
  451  transferred, renumbered as section 1002.945, Florida Statutes,
  452  and amended to read:
  453         1002.945 402.281 Gold Seal Quality Care program.—
  454         (1)(a) There is established within the department the Gold
  455  Seal Quality Care Program.
  456         (b) A child care facility, large family child care home, or
  457  family day care home that is accredited by an accrediting
  458  association approved by the department under subsection (3) and
  459  meets all other requirements shall, upon application to the
  460  department, receive a separate “Gold Seal Quality Care”
  461  designation.
  462         (2) The State Board of Education department shall adopt
  463  rules establishing Gold Seal Quality Care accreditation
  464  standards using nationally recognized accrediting standards and
  465  input from accrediting associations based on the applicable
  466  accrediting standards of the National Association for the
  467  Education of Young Children (NAEYC), the National Association of
  468  Family Child Care, and the National Early Childhood Program
  469  Accreditation Commission.
  470         (3)(a) In order to be approved by the department for
  471  participation in the Gold Seal Quality Care program, an
  472  accrediting association must apply to the department and
  473  demonstrate that it:
  474         1. Is a recognized accrediting association.
  475         2. Has accrediting standards that substantially meet or
  476  exceed the Gold Seal Quality Care standards adopted by the state
  477  board department under subsection (2).
  478         3.Is a registered corporation with the Department of
  479  State.
  480         4.Can provide evidence that the process for accreditation
  481  has, at a minimum, all of the following components:
  482         a.Clearly defined prerequisites that a child care provider
  483  must meet before beginning the accreditation process. However,
  484  accreditation may not be granted to a child care facility, large
  485  family child care home, or family day care home before the site
  486  is operational and is attended by children.
  487         b.Procedures for completion of a self-study and
  488  comprehensive onsite verification process for each classroom
  489  that documents compliance with accrediting standards.
  490         c.A training process for accreditation verifiers to ensure
  491  inter-rater reliability.
  492         d.Ongoing compliance procedures that include requiring
  493  each accredited child care facility, large family child care
  494  home, and family day care home to file an annual report with the
  495  accrediting association and risk-based, on-site auditing
  496  protocols for accredited child care facilities, large family
  497  child care homes, and family day care homes.
  498         e.Procedures for the revocation of accreditation due to
  499  failure to maintain accrediting standards as evidenced by sub
  500  subparagraph d. or any other relevant information received by
  501  the accrediting association.
  502         f.Accreditation renewal procedures that include an onsite
  503  verification occurring at least every 5 years.
  504         g.A process for verifying continued accreditation
  505  compliance in the event of a transfer of ownership of
  506  facilities.
  507         h.A process to communicate issues that arise during the
  508  accreditation period with governmental entities that have a
  509  vested interest in the Gold Seal Quality Care Program, including
  510  the department, the Department of Children and Families, the
  511  Department of Health, local licensing entities, if applicable,
  512  and the early learning coalition.
  513         (b)The department shall establish a process that verifies
  514  that the accrediting association meets the provisions of
  515  paragraph (a), which must include an auditing program and any
  516  other procedures that may reasonably determine an accrediting
  517  association’s compliance with this section. If an accrediting
  518  association is not in compliance and fails to cure its
  519  deficiencies within 30 days, the department shall recommend to
  520  the state board termination of the accrediting association’s
  521  participation as an accrediting association in the program for a
  522  period of at least 2 years but no more than 5 years. If an
  523  accrediting association is removed from being an approved
  524  accrediting association, each child care provider accredited by
  525  that association shall have up to 1 year to obtain a new
  526  accreditation from a department approved accreditation
  527  association.
  528         (c)If an accrediting association has granted accreditation
  529  to a child care facility, large family child care home, or
  530  family day care under fraudulent terms or failed to conduct on
  531  site verifications, the accrediting association shall be liable
  532  for the repayment of any rate differentials paid under
  533  subsection (6).
  534         (b)In approving accrediting associations, the department
  535  shall consult with the Department of Education, the Florida Head
  536  Start Directors Association, the Florida Association of Child
  537  Care Management, the Florida Family Child Care Home Association,
  538  the Florida Children’s Forum, the Florida Association for the
  539  Education of the Young, the Child Development Education
  540  Alliance, the Florida Association of Academic Nonpublic Schools,
  541  the Association of Early Learning Coalitions, providers
  542  receiving exemptions under s. 402.316, and parents.
  543         (4) In order to obtain and maintain a designation as a Gold
  544  Seal Quality Care provider, a child care facility, large family
  545  child care home, or family day care home must meet the following
  546  additional criteria:
  547         (a) The child care provider must not have had any class I
  548  violations, as defined by rule of the Department of Children and
  549  Families, within the 2 years preceding its application for
  550  designation as a Gold Seal Quality Care provider. Commission of
  551  a class I violation shall be grounds for termination of the
  552  designation as a Gold Seal Quality Care provider until the
  553  provider has no class I violations for a period of 2 years.
  554         (b) The child care provider must not have had three or more
  555  class II violations, as defined by rule of the Department of
  556  Children and Families, within the 2 years preceding its
  557  application for designation as a Gold Seal Quality Care
  558  provider. Commission of three or more class II violations within
  559  a 2-year period shall be grounds for termination of the
  560  designation as a Gold Seal Quality Care provider until the
  561  provider has no class II violations for a period of 1 year.
  562         (c) The child care provider must not have been cited for
  563  the same class III violation, as defined by rule of the
  564  Department of Children and Families, three or more times and
  565  failed to correct the violation within 1 year after the date of
  566  each citation, within the 2 years preceding its application for
  567  designation as a Gold Seal Quality Care provider. Commission of
  568  the same class III violation three or more times and failure to
  569  correct within the required time during a 2-year period may be
  570  grounds for termination of the designation as a Gold Seal
  571  Quality Care provider until the provider has no class III
  572  violations for a period of 1 year.
  573         (d)Notwithstanding paragraph (a), if the department
  574  determines through a formal process that a provider has been in
  575  business for at least 5 years and has no other class I
  576  violations recorded, the department may recommend to the state
  577  board that the provider maintain its Gold Seal Quality Care
  578  status. The state board’s determination regarding such
  579  provider’s status is final.
  580         (5)A child care facility licensed pursuant to s. 402.305
  581  or a child care facility exempt from licensing pursuant to s.
  582  402.316 which achieves Gold Seal Quality status under this
  583  section shall be considered an educational institution for the
  584  purpose of qualifying for exemption from ad valorem tax under s.
  585  196.198.
  586         (6)A child care facility licensed pursuant to s. 402.305
  587  or a child care facility exempt from licensing pursuant to s.
  588  402.316 which achieves Gold Seal Quality status under this
  589  section and which participates in the school readiness program
  590  shall receive a minimum of a 20 percent rate differential for
  591  each enrolled school readiness child by care level and unit of
  592  child care.
  593         (7)(5) The state board Department of Children and Families
  594  shall adopt rules under ss. 120.536(1) and 120.54 which provide
  595  criteria and procedures for reviewing and approving accrediting
  596  associations for participation in the Gold Seal Quality Care
  597  program and, conferring and revoking designations of Gold Seal
  598  Quality Care providers, and classifying violations.
  599         Section 10. Type two transfer from the Department of
  600  Children and Families.—
  601         (1)All powers, duties, functions, records, offices,
  602  personnel, associated administrative support positions,
  603  property, pending issues, existing contracts, administrative
  604  authority, administrative rules, and unexpended balances of
  605  appropriations, allocations, and other funds relating to the
  606  Gold Seal Quality Care program within the Department of Children
  607  and Families are transferred by a type two transfer, as defined
  608  in s. 20.06(2), Florida Statutes, to the Department of
  609  Education.
  610         (2)Any binding contract or interagency agreement existing
  611  before July 1, 2020, between the Department of Children and
  612  Families, or an entity or agent of the department, and any other
  613  agency, entity, or person relating to the Gold Seal Quality Care
  614  program shall continue as a binding contract or agreement for
  615  the remainder of the term of such contract or agreement on the
  616  successor entity responsible for the program, activity, or
  617  functions relative to the contract or agreement.
  618         Section 11. Paragraph (c) of subsection (1) and paragraph
  619  (a) of subsection (7) of section 402.305, Florida Statutes, are
  620  amended to read:
  621         402.305 Licensing standards; child care facilities.—
  622         (1) LICENSING STANDARDS.—The department shall establish
  623  licensing standards that each licensed child care facility must
  624  meet regardless of the origin or source of the fees used to
  625  operate the facility or the type of children served by the
  626  facility.
  627         (c) The minimum standards for child care facilities shall
  628  be adopted in the rules of the department and shall address the
  629  areas delineated in this section. The department, in adopting
  630  rules to establish minimum standards for child care facilities,
  631  shall recognize that different age groups of children may
  632  require different standards. The department may adopt different
  633  minimum standards for facilities that serve children in
  634  different age groups, including school-age children. The
  635  department shall also adopt by rule a definition for child care
  636  which distinguishes between child care programs that require
  637  child care licensure and after-school programs that do not
  638  require licensure. Notwithstanding any other provision of law to
  639  the contrary, minimum child care licensing standards shall be
  640  developed to provide for reasonable, affordable, and safe
  641  before-school and after-school care. Licensing standards adopted
  642  by the department between July 1, 2020, and June 30, 2022, must
  643  be ratified by the Legislature. After-school programs that
  644  otherwise meet the criteria for exclusion from licensure may
  645  provide snacks and meals through the federal Afterschool Meal
  646  Program (AMP) administered by the Department of Health in
  647  accordance with federal regulations and standards. The
  648  Department of Health shall consider meals to be provided through
  649  the AMP only if the program is actively participating in the
  650  AMP, is in good standing with the department, and the meals meet
  651  AMP requirements. Standards, at a minimum, shall allow for a
  652  credentialed director to supervise multiple before-school and
  653  after-school sites.
  654         (7) SANITATION AND SAFETY.—
  655         (a) Minimum standards shall include requirements for
  656  sanitary and safety conditions, first aid treatment, emergency
  657  procedures, and pediatric cardiopulmonary resuscitation. The
  658  minimum standards shall require that at least one staff person
  659  trained in cardiopulmonary resuscitation, as evidenced by
  660  current documentation of course completion, must be present at
  661  all times that children are present.
  662         Section 12. Subsection (5) of section 402.315, Florida
  663  Statutes, is amended to read:
  664         402.315 Funding; license fees.—
  665         (5) All moneys collected by the department for child care
  666  licensing shall be held in a trust fund of the department to be
  667  reallocated to the department during the following fiscal year
  668  to fund child care licensing activities, including the Gold Seal
  669  Quality Care program created pursuant to s. 1002.945 s. 402.281.
  670         Section 13. Paragraph (a) of subsection (4) of section
  671  402.56, Florida Statutes, is amended to read:
  672         402.56 Children’s cabinet; organization; responsibilities;
  673  annual report.—
  674         (4) MEMBERS.—The cabinet shall consist of 16 members
  675  including the Governor and the following persons:
  676         (a)1. The Secretary of Children and Families;
  677         2. The Secretary of Juvenile Justice;
  678         3. The director of the Agency for Persons with
  679  Disabilities;
  680         4. A representative from the Division The director of the
  681  Office of Early Learning;
  682         5. The State Surgeon General;
  683         6. The Secretary of Health Care Administration;
  684         7. The Commissioner of Education;
  685         8. The director of the Statewide Guardian Ad Litem Office;
  686         9. A representative of the Office of Adoption and Child
  687  Protection;
  688         10. A superintendent of schools, appointed by the Governor;
  689  and
  690         11. Five members who represent children and youth advocacy
  691  organizations and who are not service providers, appointed by
  692  the Governor.
  693         Section 14. Paragraph (e) of subsection (2) of section
  694  411.226, Florida Statutes, is amended to read:
  695         411.226 Learning Gateway.—
  696         (2) LEARNING GATEWAY STEERING COMMITTEE.—
  697         (e) To support and facilitate system improvements, the
  698  steering committee must consult with representatives from the
  699  Department of Education, the Department of Health, the Office of
  700  Early Learning, the Department of Children and Families, the
  701  Agency for Health Care Administration, the Department of
  702  Juvenile Justice, and the Department of Corrections and with the
  703  director of the Learning Development and Evaluation Center of
  704  Florida Agricultural and Mechanical University.
  705         Section 15. Paragraph (d) of subsection (1), paragraph (a)
  706  of subsection (2), and paragraph (c) of subsection (3) of
  707  section 411.227, Florida Statutes, are amended to read:
  708         411.227 Components of the Learning Gateway.—The Learning
  709  Gateway system consists of the following components:
  710         (1) COMMUNITY EDUCATION STRATEGIES AND FAMILY-ORIENTED
  711  ACCESS.—
  712         (d) In collaboration with other local resources, the
  713  demonstration projects shall develop public awareness strategies
  714  to disseminate information about developmental milestones,
  715  precursors of learning problems and other developmental delays,
  716  and the service system that is available. The information should
  717  target parents of children from birth through age 9 and should
  718  be distributed to parents, health care providers, and caregivers
  719  of children from birth through age 9. A variety of media should
  720  be used as appropriate, such as print, television, radio, and a
  721  community-based Internet website, as well as opportunities such
  722  as those presented by parent visits to physicians for well-child
  723  checkups. The Learning Gateway Steering Committee shall provide
  724  technical assistance to the local demonstration projects in
  725  developing and distributing educational materials and
  726  information.
  727         1. Public awareness strategies targeting parents of
  728  children from birth through age 5 shall be designed to provide
  729  information to public and private preschool programs, child care
  730  providers, pediatricians, parents, and local businesses and
  731  organizations. These strategies should include information on
  732  the school readiness performance standards adopted by the
  733  Department of Education Office of Early Learning.
  734         2. Public awareness strategies targeting parents of
  735  children from ages 6 through 9 must be designed to disseminate
  736  training materials and brochures to parents and public and
  737  private school personnel, and must be coordinated with the local
  738  school board and the appropriate school advisory committees in
  739  the demonstration projects. The materials should contain
  740  information on state and district proficiency levels for grades
  741  K-3.
  742         (2) SCREENING AND DEVELOPMENTAL MONITORING.—
  743         (a) In coordination with the Office of Early Learning, the
  744  Department of Education, and the Florida Pediatric Society, and
  745  using information learned from the local demonstration projects,
  746  the Learning Gateway Steering Committee shall establish
  747  guidelines for screening children from birth through age 9. The
  748  guidelines should incorporate recent research on the indicators
  749  most likely to predict early learning problems, mild
  750  developmental delays, child-specific precursors of school
  751  failure, and other related developmental indicators in the
  752  domains of cognition; communication; attention; perception;
  753  behavior; and social, emotional, sensory, and motor functioning.
  754         (3) EARLY EDUCATION, SERVICES AND SUPPORTS.—
  755         (c) The steering committee, in cooperation with the
  756  Department of Children and Families and, the Department of
  757  Education, and the Office of Early Learning, shall identify the
  758  elements of an effective research-based curriculum for early
  759  care and education programs.
  760         Section 16. Subsection (1) of section 414.295, Florida
  761  Statutes, is amended to read:
  762         414.295 Temporary cash assistance programs; public records
  763  exemption.—
  764         (1) Personal identifying information of a temporary cash
  765  assistance program participant, a participant’s family, or a
  766  participant’s family or household member, except for information
  767  identifying a parent who does not live in the same home as the
  768  child, which is held by the department, the Office of Early
  769  Learning, CareerSource Florida, Inc., the Department of Health,
  770  the Department of Revenue, the Department of Education, or a
  771  local workforce development board or local committee created
  772  pursuant to s. 445.007 is confidential and exempt from s.
  773  119.07(1) and s. 24(a), Art. I of the State Constitution. Such
  774  confidential and exempt information may be released for purposes
  775  directly connected with:
  776         (a) The administration of the temporary assistance for
  777  needy families plan under Title IV-A of the Social Security Act,
  778  as amended, by the department, the Office of Early Learning,
  779  CareerSource Florida, Inc., the Department of Military Affairs,
  780  the Department of Health, the Department of Revenue, the
  781  Department of Education, a local workforce development board or
  782  local committee created pursuant to s. 445.007, or a school
  783  district.
  784         (b) The administration of the state’s plan or program
  785  approved under Title IV-B, Title IV-D, or Title IV-E of the
  786  Social Security Act, as amended, or under Title I, Title X,
  787  Title XIV, Title XVI, Title XIX, Title XX, or Title XXI of the
  788  Social Security Act, as amended.
  789         (c) An investigation, prosecution, or criminal, civil, or
  790  administrative proceeding conducted in connection with the
  791  administration of any of the plans or programs specified in
  792  paragraph (a) or paragraph (b) by a federal, state, or local
  793  governmental entity, upon request by that entity, if such
  794  request is made pursuant to the proper exercise of that entity’s
  795  duties and responsibilities.
  796         (d) The administration of any other state, federal, or
  797  federally assisted program that provides assistance or services
  798  on the basis of need, in cash or in kind, directly to a
  799  participant.
  800         (e) An audit or similar activity, such as a review of
  801  expenditure reports or financial review, conducted in connection
  802  with the administration of plans or programs specified in
  803  paragraph (a) or paragraph (b) by a governmental entity
  804  authorized by law to conduct such audit or activity.
  805         (f) The administration of the reemployment assistance
  806  program.
  807         (g) The reporting to the appropriate agency or official of
  808  information about known or suspected instances of physical or
  809  mental injury, sexual abuse or exploitation, or negligent
  810  treatment or maltreatment of a child or elderly person receiving
  811  assistance, if circumstances indicate that the health or welfare
  812  of the child or elderly person is threatened.
  813         (h) The administration of services to elderly persons under
  814  ss. 430.601-430.606.
  815         Section 17. Section 1000.01, Florida Statutes, is amended
  816  to read:
  817         1000.01 The Florida Early Learning-20 K-20 education
  818  system; technical provisions.—
  819         (1) NAME.—Chapters 1000 through 1013 shall be known and
  820  cited as the “Florida Early Learning-20 K-20 Education Code.”
  821         (2) LIBERAL CONSTRUCTION.—The provisions of the Florida
  822  Early Learning-20 K-20 Education Code shall be liberally
  823  construed to the end that its objectives may be effected. It is
  824  the legislative intent that if any section, subsection,
  825  sentence, clause, or provision of the Florida Early Learning-20
  826  K-20 Education Code is held invalid, the remainder of the code
  827  shall not be affected.
  828         (3) PURPOSE.—The purpose of the Florida Early Learning-20
  829  K-20 Education Code is to provide by law for a state system of
  830  schools, courses, classes, and educational institutions and
  831  services adequate to allow, for all Florida’s students, the
  832  opportunity to obtain a high quality education. The Florida
  833  Early Learning-20 K-20 education system is established to
  834  accomplish this purpose; however, nothing in this code shall be
  835  construed to require the provision of free public education
  836  beyond grade 12.
  837         (4) UNIFORM SYSTEM OF PUBLIC K-12 SCHOOLS INCLUDED.—As
  838  required by s. 1, Art. IX of the State Constitution, the Florida
  839  Early Learning-20 K-20 education system shall include the
  840  uniform system of free public K-12 schools. These public K-12
  841  schools shall provide 13 consecutive years of instruction,
  842  beginning with kindergarten, and shall also provide such
  843  instruction for students with disabilities, gifted students,
  844  limited English proficient students, and students in Department
  845  of Juvenile Justice programs as may be required by law. The
  846  funds for support and maintenance of the uniform system of free
  847  public K-12 schools shall be derived from state, district,
  848  federal, and other lawful sources or combinations of sources,
  849  including any fees charged nonresidents as provided by law.
  850         Section 18. Subsection (2) of section 1000.02, Florida
  851  Statutes, is amended to read:
  852         1000.02 Policy and guiding principles for the Florida Early
  853  Learning-20 K-20 education system.—
  854         (2) The guiding principles for Florida’s Early Learning-20
  855  K-20 education system are:
  856         (a) A coordinated, seamless system for early learning
  857  kindergarten through graduate school education.
  858         (b) A system that is student-centered in every facet.
  859         (c) A system that maximizes education access and allows the
  860  opportunity for a high quality education for all Floridians.
  861         (d) A system that safeguards equity and supports academic
  862  excellence.
  863         (e) A system that provides for local operational
  864  flexibility while promoting accountability for student
  865  achievement and improvement.
  866         Section 19. Section 1000.03, Florida Statutes, is amended
  867  to read:
  868         1000.03 Function, mission, and goals of the Florida Early
  869  Learning-20 K-20 education system.—
  870         (1) Florida’s Early Learning-20 K-20 education system shall
  871  be a decentralized system without excess layers of bureaucracy.
  872  Florida’s Early Learning-20 K-20 education system shall maintain
  873  a systemwide technology plan based on a common set of data
  874  definitions.
  875         (2)(a) The Legislature shall establish education policy,
  876  enact education laws, and appropriate and allocate education
  877  resources.
  878         (b) With the exception of matters relating to the State
  879  University System, the State Board of Education shall oversee
  880  the enforcement of all laws and rules, and the timely provision
  881  of direction, resources, assistance, intervention when needed,
  882  and strong incentives and disincentives to force accountability
  883  for results.
  884         (c) The Board of Governors shall oversee the enforcement of
  885  all state university laws and rules and regulations and the
  886  timely provision of direction, resources, assistance,
  887  intervention when needed, and strong incentives and
  888  disincentives to force accountability for results.
  889         (3) Public education is a cooperative function of the state
  890  and local educational authorities. The state retains
  891  responsibility for establishing a system of public education
  892  through laws, standards, and rules to assure efficient operation
  893  of an Early Learning-20 a K-20 system of public education and
  894  adequate educational opportunities for all individuals. Local
  895  educational authorities have a duty to fully and faithfully
  896  comply with state laws, standards, and rules and to efficiently
  897  use the resources available to them to assist the state in
  898  allowing adequate educational opportunities.
  899         (4) The mission of Florida’s Early Learning-20 K-20
  900  education system is to allow its students to increase their
  901  proficiency by allowing them the opportunity to expand their
  902  knowledge and skills through rigorous and relevant learning
  903  opportunities, in accordance with the mission statement and
  904  accountability requirements of s. 1008.31.
  905         (5) The priorities of Florida’s Early Learning-20 K-20
  906  education system include:
  907         (a) Learning and completion at all levels, including
  908  increased high school graduation rate and readiness for
  909  postsecondary education without remediation.—All students
  910  demonstrate increased learning and completion at all levels,
  911  graduate from high school, and are prepared to enter
  912  postsecondary education without remediation.
  913         (b) Student performance.—Students demonstrate that they
  914  meet the expected academic standards consistently at all levels
  915  of their education.
  916         (c) Civic literacy.—Students are prepared to become
  917  civically engaged and knowledgeable adults who make positive
  918  contributions to their communities.
  919         (d) Alignment of standards and resources.—Academic
  920  standards for every level of the Early Learning-20 K-20
  921  education system are aligned, and education financial resources
  922  are aligned with student performance expectations at each level
  923  of the Early Learning-20 K-20 education system.
  924         (e) Educational leadership.—The quality of educational
  925  leadership at all levels of Early Learning-20 K-20 education is
  926  improved.
  927         (f) Workforce education.—Workforce education is
  928  appropriately aligned with the skills required by the new global
  929  economy.
  930         (g) Parental, student, family, educational institution, and
  931  community involvement.—Parents, students, families, educational
  932  institutions, and communities are collaborative partners in
  933  education, and each plays an important role in the success of
  934  individual students. Therefore, the State of Florida cannot be
  935  the guarantor of each individual student’s success. The goals of
  936  Florida’s Early Learning-20 K-20 education system are not
  937  guarantees that each individual student will succeed or that
  938  each individual school will perform at the level indicated in
  939  the goals.
  940         (h) Comprehensive Early Learning-20 K-20 career and
  941  education planning.—It is essential that Florida’s Early
  942  Learning-20 K-20 education system better prepare all students at
  943  every level for the transition from school to postsecondary
  944  education or work by providing information regarding:
  945         1. Career opportunities, educational requirements
  946  associated with each career, educational institutions that
  947  prepare students to enter each career, and student financial aid
  948  available to pursue postsecondary instruction required to enter
  949  each career.
  950         2. How to make informed decisions about the program of
  951  study that best addresses the students’ interests and abilities
  952  while preparing them to enter postsecondary education or the
  953  workforce.
  954         3. Recommended coursework and programs that prepare
  955  students for success in their areas of interest and ability.
  956  
  957  This information shall be provided to students and parents
  958  through websites, handbooks, manuals, or other regularly
  959  provided communications.
  960         Section 20. Section 1000.04, Florida Statutes, is amended
  961  to read:
  962         1000.04 Components for the delivery of public education
  963  within the Florida Early Learning-20 K-20 education system.
  964  Florida’s Early Learning-20 K-20 education system provides for
  965  the delivery of early learning and public education through
  966  publicly supported and controlled K-12 schools, Florida College
  967  System institutions, state universities and other postsecondary
  968  educational institutions, other educational institutions, and
  969  other educational services as provided or authorized by the
  970  Constitution and laws of the state.
  971         (1)EARLY LEARNING.—Early learning includes the Voluntary
  972  Prekindergarten Education Program and the school readiness
  973  program.
  974         (2)(1) PUBLIC K-12 SCHOOLS.—The public K-12 schools include
  975  charter schools and consist of kindergarten classes; elementary,
  976  middle, and high school grades and special classes; virtual
  977  instruction programs; workforce education; career centers;
  978  adult, part-time, and evening schools, courses, or classes, as
  979  authorized by law to be operated under the control of district
  980  school boards; and lab schools operated under the control of
  981  state universities.
  982         (3)(2) PUBLIC POSTSECONDARY EDUCATIONAL INSTITUTIONS.
  983  Public postsecondary educational institutions include workforce
  984  education; Florida College System institutions; state
  985  universities; and all other state-supported postsecondary
  986  educational institutions that are authorized and established by
  987  law.
  988         (4)(3) FLORIDA SCHOOL FOR THE DEAF AND THE BLIND.—The
  989  Florida School for the Deaf and the Blind is a component of the
  990  delivery of public education within Florida’s Early Learning-20
  991  K-20 education system.
  992         (5)(4) THE FLORIDA VIRTUAL SCHOOL.—The Florida Virtual
  993  School is a component of the delivery of public education within
  994  Florida’s Early Learning-20 K-20 education system.
  995         Section 21. Section 1000.21, Florida Statutes, is amended
  996  to read:
  997         1000.21 Systemwide definitions.—As used in the Florida
  998  Early Learning-20 K-20 Education Code:
  999         (1) “Articulation” is the systematic coordination that
 1000  provides the means by which students proceed toward their
 1001  educational objectives in as rapid and student-friendly manner
 1002  as their circumstances permit, from grade level to grade level,
 1003  from elementary to middle to high school, to and through
 1004  postsecondary education, and when transferring from one
 1005  educational institution or program to another.
 1006         (2) “Commissioner” is the Commissioner of Education.
 1007         (3) “Florida College System institution” except as
 1008  otherwise specifically provided, includes all of the following
 1009  public postsecondary educational institutions in the Florida
 1010  College System and any branch campuses, centers, or other
 1011  affiliates of the institution:
 1012         (a) Eastern Florida State College, which serves Brevard
 1013  County.
 1014         (b) Broward College, which serves Broward County.
 1015         (c) College of Central Florida, which serves Citrus, Levy,
 1016  and Marion Counties.
 1017         (d) Chipola College, which serves Calhoun, Holmes, Jackson,
 1018  Liberty, and Washington Counties.
 1019         (e) Daytona State College, which serves Flagler and Volusia
 1020  Counties.
 1021         (f) Florida SouthWestern State College, which serves
 1022  Charlotte, Collier, Glades, Hendry, and Lee Counties.
 1023         (g) Florida State College at Jacksonville, which serves
 1024  Duval and Nassau Counties.
 1025         (h) The College of the Florida Keys, which serves Monroe
 1026  County.
 1027         (i) Gulf Coast State College, which serves Bay, Franklin,
 1028  and Gulf Counties.
 1029         (j) Hillsborough Community College, which serves
 1030  Hillsborough County.
 1031         (k) Indian River State College, which serves Indian River,
 1032  Martin, Okeechobee, and St. Lucie Counties.
 1033         (l) Florida Gateway College, which serves Baker, Columbia,
 1034  Dixie, Gilchrist, and Union Counties.
 1035         (m) Lake-Sumter State College, which serves Lake and Sumter
 1036  Counties.
 1037         (n) State College of Florida, Manatee-Sarasota, which
 1038  serves Manatee and Sarasota Counties.
 1039         (o) Miami Dade College, which serves Miami-Dade County.
 1040         (p) North Florida College, which serves Hamilton,
 1041  Jefferson, Lafayette, Madison, Suwannee, and Taylor Counties.
 1042         (q) Northwest Florida State College, which serves Okaloosa
 1043  and Walton Counties.
 1044         (r) Palm Beach State College, which serves Palm Beach
 1045  County.
 1046         (s) Pasco-Hernando State College, which serves Hernando and
 1047  Pasco Counties.
 1048         (t) Pensacola State College, which serves Escambia and
 1049  Santa Rosa Counties.
 1050         (u) Polk State College, which serves Polk County.
 1051         (v) St. Johns River State College, which serves Clay,
 1052  Putnam, and St. Johns Counties.
 1053         (w) St. Petersburg College, which serves Pinellas County.
 1054         (x) Santa Fe College, which serves Alachua and Bradford
 1055  Counties.
 1056         (y) Seminole State College of Florida, which serves
 1057  Seminole County.
 1058         (z) South Florida State College, which serves DeSoto,
 1059  Hardee, and Highlands Counties.
 1060         (aa) Tallahassee Community College, which serves Gadsden,
 1061  Leon, and Wakulla Counties.
 1062         (bb) Valencia College, which serves Orange and Osceola
 1063  Counties.
 1064         (4) “Department” is the Department of Education.
 1065         (5) “Parent” is either or both parents of a student, any
 1066  guardian of a student, any person in a parental relationship to
 1067  a student, or any person exercising supervisory authority over a
 1068  student in place of the parent.
 1069         (6) “State university,” except as otherwise specifically
 1070  provided, includes the following institutions and any branch
 1071  campuses, centers, or other affiliates of the institution:
 1072         (a) The University of Florida.
 1073         (b) The Florida State University.
 1074         (c) The Florida Agricultural and Mechanical University.
 1075         (d) The University of South Florida.
 1076         (e) The Florida Atlantic University.
 1077         (f) The University of West Florida.
 1078         (g) The University of Central Florida.
 1079         (h) The University of North Florida.
 1080         (i) The Florida International University.
 1081         (j) The Florida Gulf Coast University.
 1082         (k) New College of Florida.
 1083         (l) The Florida Polytechnic University.
 1084         (7) “Next Generation Sunshine State Standards” means the
 1085  state’s public K-12 curricular standards adopted under s.
 1086  1003.41.
 1087         (8) “Board of Governors” is the Board of Governors of the
 1088  State University System.
 1089         Section 22. Subsection (1) and paragraphs (e) and (s) of
 1090  subsection (2) of section 1001.02, Florida Statutes, are amended
 1091  to read:
 1092         1001.02 General powers of State Board of Education.—
 1093         (1) The State Board of Education is the chief implementing
 1094  and coordinating body of public education in Florida except for
 1095  the State University System, and it shall focus on high-level
 1096  policy decisions. It has authority to adopt rules pursuant to
 1097  ss. 120.536(1) and 120.54 to implement the provisions of law
 1098  conferring duties upon it for the improvement of the state
 1099  system of Early Learning-20 K-20 public education except for the
 1100  State University System. Except as otherwise provided herein, it
 1101  may, as it finds appropriate, delegate its general powers to the
 1102  Commissioner of Education or the directors of the divisions of
 1103  the department.
 1104         (2) The State Board of Education has the following duties:
 1105         (e) To adopt and submit to the Governor and Legislature, as
 1106  provided in s. 216.023, a coordinated Early Learning-20 K-20
 1107  education budget that estimates the expenditure requirements for
 1108  the Board of Governors, as provided in s. 1001.706, the State
 1109  Board of Education, including the Department of Education and
 1110  the Commissioner of Education, and all of the boards,
 1111  institutions, agencies, and services under the general
 1112  supervision of the Board of Governors, as provided in s.
 1113  1001.706, or the State Board of Education for the ensuing fiscal
 1114  year. The State Board of Education may not amend the budget
 1115  request submitted by the Board of Governors. Any program
 1116  recommended by the Board of Governors or the State Board of
 1117  Education which will require increases in state funding for more
 1118  than 1 year must be presented in a multiyear budget plan.
 1119         (s) To establish a detailed procedure for the
 1120  implementation and operation of a systemwide K-20 technology
 1121  plan that is based on a common set of data definitions.
 1122         Section 23. Subsections (8) and (9) of section 1001.03,
 1123  Florida Statutes, are amended to read:
 1124         1001.03 Specific powers of State Board of Education.—
 1125         (8) SYSTEMWIDE ENFORCEMENT.—The State Board of Education
 1126  shall enforce compliance with law and state board rule by all
 1127  school districts, early learning coalitions, and public
 1128  postsecondary educational institutions, except for the State
 1129  University System, in accordance with the provisions of s.
 1130  1008.32.
 1131         (9) MANAGEMENT INFORMATION DATABASES.—The State Board of
 1132  Education, in conjunction with the Board of Governors regarding
 1133  the State University System, shall continue to collect and
 1134  maintain, at a minimum, the management information databases for
 1135  state universities, and all other components of the public Early
 1136  Learning-20 K-20 education system as such databases existed on
 1137  June 30, 2002.
 1138         Section 24. Subsection (1), paragraphs (g), (k), and (l) of
 1139  subsection (6), and subsection (8) of section 1001.10, Florida
 1140  Statutes, are amended to read:
 1141         1001.10 Commissioner of Education; general powers and
 1142  duties.—
 1143         (1) The Commissioner of Education is the chief educational
 1144  officer of the state and the sole custodian of the educational
 1145  K-20 data warehouse, and is responsible for giving full
 1146  assistance to the State Board of Education in enforcing
 1147  compliance with the mission and goals of the Early Learning K-20
 1148  education system, except for the State University System.
 1149         (6) Additionally, the commissioner has the following
 1150  general powers and duties:
 1151         (g) To submit to the State Board of Education, on or before
 1152  October 1 of each year, recommendations for a coordinated Early
 1153  Learning-20 K-20 education budget that estimates the
 1154  expenditures for the Board of Governors, the State Board of
 1155  Education, including the Department of Education and the
 1156  Commissioner of Education, and all of the boards, institutions,
 1157  agencies, and services under the general supervision of the
 1158  Board of Governors or the State Board of Education for the
 1159  ensuing fiscal year. Any program recommended to the State Board
 1160  of Education that will require increases in state funding for
 1161  more than 1 year must be presented in a multiyear budget plan.
 1162         (k) To prepare, publish, and disseminate user-friendly
 1163  materials relating to the state’s education system, including
 1164  the state’s K-12 scholarship programs, the school readiness
 1165  program, and the Voluntary Prekindergarten Education Program.
 1166         (l) To prepare and publish annually reports giving
 1167  statistics and other useful information pertaining to the
 1168  state’s K-12 scholarship programs, the school readiness program,
 1169  and the Voluntary Prekindergarten Education Program.
 1170         (8) In the event of an emergency situation, the
 1171  commissioner may coordinate through the most appropriate means
 1172  of communication with early learning coalitions, local school
 1173  districts, Florida College System institutions, and satellite
 1174  offices of the Division of Blind Services and the Division of
 1175  Vocational Rehabilitation to assess the need for resources and
 1176  assistance to enable each school, institution, or satellite
 1177  office the ability to reopen as soon as possible after
 1178  considering the health, safety, and welfare of students and
 1179  clients.
 1180         Section 25. Paragraph (b) of subsection (1) and subsection
 1181  (4) of section 1001.11, Florida Statutes, are amended to read:
 1182         1001.11 Commissioner of Education; other duties.—
 1183         (1) The Commissioner of Education must independently
 1184  perform the following duties:
 1185         (b) Serve as the primary source of information to the
 1186  Legislature, including the President of the Senate and the
 1187  Speaker of the House of Representatives, concerning the State
 1188  Board of Education, the Early Learning-20 K-20 education system,
 1189  and early learning programs.
 1190         (4) The commissioner shall develop and implement an
 1191  integrated Early Learning-20 K-20 information system for
 1192  educational management in accordance with the requirements of
 1193  chapter 1008.
 1194         Section 26. Section 1001.213, Florida Statutes, is
 1195  repealed.
 1196         Section 27. Subsection (7) of section 1001.215, Florida
 1197  Statutes, is amended to read:
 1198         1001.215 Just Read, Florida! Office.—There is created in
 1199  the Department of Education the Just Read, Florida! Office. The
 1200  office is fully accountable to the Commissioner of Education and
 1201  shall:
 1202         (7) Review, evaluate, and provide technical assistance to
 1203  school districts’ implementation of the K-12 comprehensive
 1204  reading plan required in s. 1011.62(9).
 1205         Section 28. Subsection (1) of section 1001.23, Florida
 1206  Statutes, is amended to read:
 1207         1001.23 Specific powers and duties of the Department of
 1208  Education.—In addition to all other duties assigned to it by law
 1209  or by rule of the State Board of Education, the department
 1210  shall:
 1211         (1)Adopt the statewide kindergarten screening in
 1212  accordance with s. 1002.69.
 1213         Section 29. Subsection (3) of section 1001.70, Florida
 1214  Statutes, is amended to read:
 1215         1001.70 Board of Governors of the State University System.—
 1216         (3) The Board of Governors, in exercising its authority
 1217  under the State Constitution and statutes, shall exercise its
 1218  authority in a manner that supports, promotes, and enhances an
 1219  Early Learning-20 a K-20 education system that provides
 1220  affordable access to postsecondary educational opportunities for
 1221  residents of the state to the extent authorized by the State
 1222  Constitution and state law.
 1223         Section 30. Paragraph (b) of subsection (4) of section
 1224  1001.706, Florida Statutes, is amended to read:
 1225         1001.706 Powers and duties of the Board of Governors.—
 1226         (4) POWERS AND DUTIES RELATING TO FINANCE.—
 1227         (b) The Board of Governors shall prepare the legislative
 1228  budget requests for the State University System, including a
 1229  request for fixed capital outlay, and submit them to the State
 1230  Board of Education for inclusion in the Early Learning-20 K-20
 1231  legislative budget request. The Board of Governors shall provide
 1232  the state universities with fiscal policy guidelines, formats,
 1233  and instruction for the development of individual university
 1234  budget requests.
 1235         Section 31. Paragraph (b) of subsection (1) of section
 1236  1002.22, Florida Statutes, is amended to read:
 1237         1002.22 Education records and reports of K-12 students;
 1238  rights of parents and students; notification; penalty.—
 1239         (1) DEFINITIONS.—As used in this section, the term:
 1240         (b) “Institution” means any public school, center,
 1241  institution, or other entity that is part of Florida’s education
 1242  system under s. 1000.04(2), (4), and (5) s. 1000.04(1), (3), and
 1243  (4).
 1244         Section 32. Subsections (3) and (10) of section 1002.32,
 1245  Florida Statutes, are amended to read:
 1246         1002.32 Developmental research (laboratory) schools.—
 1247         (3) MISSION.—The mission of a lab school shall be the
 1248  provision of a vehicle for the conduct of research,
 1249  demonstration, and evaluation regarding management, teaching,
 1250  and learning. Programs to achieve the mission of a lab school
 1251  shall embody the goals and standards established pursuant to ss.
 1252  1000.03(5) and 1001.23(1) 1001.23(2) and shall ensure an
 1253  appropriate education for its students.
 1254         (a) Each lab school shall emphasize mathematics, science,
 1255  computer science, and foreign languages. The primary goal of a
 1256  lab school is to enhance instruction and research in such
 1257  specialized subjects by using the resources available on a state
 1258  university campus, while also providing an education in
 1259  nonspecialized subjects. Each lab school shall provide
 1260  sequential elementary and secondary instruction where
 1261  appropriate. A lab school may not provide instruction at grade
 1262  levels higher than grade 12 without authorization from the State
 1263  Board of Education. Each lab school shall develop and implement
 1264  a school improvement plan pursuant to s. 1003.02(3).
 1265         (b) Research, demonstration, and evaluation conducted at a
 1266  lab school may be generated by the college of education and
 1267  other colleges within the university with which the school is
 1268  affiliated.
 1269         (c) Research, demonstration, and evaluation conducted at a
 1270  lab school may be generated by the State Board of Education.
 1271  Such research shall respond to the needs of the education
 1272  community at large, rather than the specific needs of the
 1273  affiliated college.
 1274         (d) Research, demonstration, and evaluation conducted at a
 1275  lab school may consist of pilot projects to be generated by the
 1276  affiliated college, the State Board of Education, or the
 1277  Legislature.
 1278         (e) The exceptional education programs offered at a lab
 1279  school shall be determined by the research and evaluation goals
 1280  and the availability of students for efficiently sized programs.
 1281  The fact that a lab school offers an exceptional education
 1282  program in no way lessens the general responsibility of the
 1283  local school district to provide exceptional education programs.
 1284         (10) EXCEPTIONS TO LAW.—To encourage innovative practices
 1285  and facilitate the mission of the lab schools, in addition to
 1286  the exceptions to law specified in s. 1001.23(1) s. 1001.23(2),
 1287  the following exceptions shall be permitted for lab schools:
 1288         (a) The methods and requirements of the following statutes
 1289  shall be held in abeyance: ss. 316.75; 1001.30; 1001.31;
 1290  1001.32; 1001.33; 1001.34; 1001.35; 1001.36; 1001.361; 1001.362;
 1291  1001.363; 1001.37; 1001.371; 1001.372; 1001.38; 1001.39;
 1292  1001.395; 1001.40; 1001.41; 1001.44; 1001.453; 1001.46;
 1293  1001.461; 1001.462; 1001.463; 1001.464; 1001.47; 1001.48;
 1294  1001.49; 1001.50; 1001.51; 1006.12(2); 1006.21(3), (4); 1006.23;
 1295  1010.07(2); 1010.40; 1010.41; 1010.42; 1010.43; 1010.44;
 1296  1010.45; 1010.46; 1010.47; 1010.48; 1010.49; 1010.50; 1010.51;
 1297  1010.52; 1010.53; 1010.54; 1010.55; 1011.02(1)-(3), (5);
 1298  1011.04; 1011.20; 1011.21; 1011.22; 1011.23; 1011.71; 1011.72;
 1299  1011.73; and 1011.74.
 1300         (b) With the exception of s. 1001.42(18), s. 1001.42 shall
 1301  be held in abeyance. Reference to district school boards in s.
 1302  1001.42(18) shall mean the president of the university or the
 1303  president’s designee.
 1304         Section 33. Paragraph (b) of subsection (10) of section
 1305  1002.34, Florida Statutes, is amended to read:
 1306         1002.34 Charter technical career centers.—
 1307         (10) EXEMPTION FROM STATUTES.—
 1308         (b) A center must comply with the Florida Early Learning-20
 1309  K-20 Education Code with respect to providing services to
 1310  students with disabilities.
 1311         Section 34. Subsection (1) of section 1002.36, Florida
 1312  Statutes, is amended to read:
 1313         1002.36 Florida School for the Deaf and the Blind.—
 1314         (1) RESPONSIBILITIES.—The Florida School for the Deaf and
 1315  the Blind, located in St. Johns County, is a state-supported
 1316  residential public school for hearing-impaired and visually
 1317  impaired students in preschool through 12th grade. The school is
 1318  a component of the delivery of public education within Florida’s
 1319  Early Learning-20 K-20 education system and shall be funded
 1320  through the Department of Education. The school shall provide
 1321  educational programs and support services appropriate to meet
 1322  the education and related evaluation and counseling needs of
 1323  hearing-impaired and visually impaired students in the state who
 1324  meet enrollment criteria. Unless otherwise provided by law, the
 1325  school shall comply with all laws and rules applicable to state
 1326  agencies. Education services may be provided on an outreach
 1327  basis for sensory-impaired children ages 0 through 5 years and
 1328  to district school boards upon request. Graduates of the Florida
 1329  School for the Deaf and the Blind shall be eligible for the
 1330  William L. Boyd, IV, Effective Access to Student Education Grant
 1331  Program as provided in s. 1009.89.
 1332         Section 35. Paragraph (b) of subsection (4) and subsection
 1333  (5) of section 1002.53, Florida Statutes, are amended, and
 1334  paragraph (d) is added to subsection (6), to read:
 1335         1002.53 Voluntary Prekindergarten Education Program;
 1336  eligibility and enrollment.—
 1337         (4)
 1338         (b) The application must be submitted on forms prescribed
 1339  by the department Office of Early Learning and must be
 1340  accompanied by a certified copy of the child’s birth
 1341  certificate. The forms must include a certification, in
 1342  substantially the form provided in s. 1002.71(6)(b)2., that the
 1343  parent chooses the private prekindergarten provider or public
 1344  school in accordance with this section and directs that payments
 1345  for the program be made to the provider or school. The
 1346  department Office of Early Learning may authorize alternative
 1347  methods for submitting proof of the child’s age in lieu of a
 1348  certified copy of the child’s birth certificate.
 1349         (5) The early learning coalition shall provide each parent
 1350  enrolling a child in the Voluntary Prekindergarten Education
 1351  Program with a profile of every private prekindergarten provider
 1352  and public school delivering the program within the county where
 1353  the child is being enrolled. The profiles shall be provided to
 1354  parents in a format prescribed by the department in accordance
 1355  with s. 1002.92(3) Office of Early Learning. The profiles must
 1356  include, at a minimum, the following information about each
 1357  provider and school:
 1358         (a)The provider’s or school’s services, curriculum,
 1359  instructor credentials, and instructor-to-student ratio; and
 1360         (b)The provider’s or school’s kindergarten readiness rate
 1361  calculated in accordance with s. 1002.69, based upon the most
 1362  recent available results of the statewide kindergarten
 1363  screening.
 1364         (6)
 1365         (d)Each parent who enrolls his or her child in the
 1366  Voluntary Prekindergarten Education Program must allow his or
 1367  her child to participate in the coordinated screening and
 1368  progress monitoring program under s. 1008.2125.
 1369         Section 36. Paragraphs (a), (b), (c), (e), (g), (h), (i),
 1370  (j), and (l) of subsection (3), subsection (4), and paragraph
 1371  (b) of subsection (5) of section 1002.55, Florida Statutes, are
 1372  amended, and subsection (6) is added to that section, to read:
 1373         1002.55 School-year prekindergarten program delivered by
 1374  private prekindergarten providers.—
 1375         (3) To be eligible to deliver the prekindergarten program,
 1376  a private prekindergarten provider must meet each of the
 1377  following requirements:
 1378         (a) The private prekindergarten provider must be a child
 1379  care facility licensed under s. 402.305, family day care home
 1380  licensed under s. 402.313, large family child care home licensed
 1381  under s. 402.3131, nonpublic school exempt from licensure under
 1382  s. 402.3025(2), or faith-based child care provider exempt from
 1383  licensure under s. 402.316, child development program that is
 1384  accredited by a national accrediting body and operates on a
 1385  military installation that is certified by the United States
 1386  Department of Defense, or private prekindergarten provider that
 1387  has been issued a provisional license under s. 402.309. A
 1388  private prekindergarten provider may not deliver the program
 1389  while holding a probation-status license under s. 402.310.
 1390         (b) The private prekindergarten provider must:
 1391         1. Be accredited by an accrediting association that is a
 1392  member of the National Council for Private School Accreditation,
 1393  or the Florida Association of Academic Nonpublic Schools, or be
 1394  accredited by the Southern Association of Colleges and Schools,
 1395  or Western Association of Colleges and Schools, or North Central
 1396  Association of Colleges and Schools, or Middle States
 1397  Association of Colleges and Schools, or New England Association
 1398  of Colleges and Schools; and have written accreditation
 1399  standards that meet or exceed the state’s licensing requirements
 1400  under s. 402.305, s. 402.313, or s. 402.3131 and require at
 1401  least one onsite visit to the provider or school before
 1402  accreditation is granted;
 1403         2. Hold a current Gold Seal Quality Care designation under
 1404  s. 1002.945 s. 402.281; or
 1405         3. Be licensed under s. 402.305, s. 402.313, or s. 402.3131
 1406  and demonstrate, before delivering the Voluntary Prekindergarten
 1407  Education Program, as verified by the early learning coalition,
 1408  that the provider meets each of the requirements of the program
 1409  under this part, including, but not limited to, the requirements
 1410  for credentials and background screenings of prekindergarten
 1411  instructors under paragraphs (c) and (d), minimum and maximum
 1412  class sizes under paragraph (f), prekindergarten director
 1413  credentials under paragraph (g), and a developmentally
 1414  appropriate curriculum under s. 1002.67(2)(b).
 1415         (c) The private prekindergarten provider must have, for
 1416  each prekindergarten class of 11 children or fewer, at least one
 1417  prekindergarten instructor who meets each of the following
 1418  requirements:
 1419         1. The prekindergarten instructor must hold, at a minimum,
 1420  one of the following credentials:
 1421         a. A child development associate credential issued by the
 1422  National Credentialing Program of the Council for Professional
 1423  Recognition; or
 1424         b. A credential approved by the Department of Children and
 1425  Families as being equivalent to or greater than the credential
 1426  described in sub-subparagraph a.
 1427  
 1428  The Department of Children and Families may adopt rules under
 1429  ss. 120.536(1) and 120.54 which provide criteria and procedures
 1430  for approving equivalent credentials under sub-subparagraph b.
 1431         2. The prekindergarten instructor must successfully
 1432  complete at least three an emergent literacy training courses
 1433  that include developmentally appropriate and experiential
 1434  learning practices for children course and a student performance
 1435  standards training course approved by the department office as
 1436  meeting or exceeding the minimum standards adopted under s.
 1437  1002.59. The requirement for completion of the standards
 1438  training course shall take effect July 1, 2021 2014, and be
 1439  recognized as part of the informal early learning career pathway
 1440  identified by the department under s. 1002.995(1)(b). Such and
 1441  the course shall be available online or in person.
 1442         (e) A private prekindergarten provider may assign a
 1443  substitute instructor to temporarily replace a credentialed
 1444  instructor if the credentialed instructor assigned to a
 1445  prekindergarten class is absent, as long as the substitute
 1446  instructor is of good moral character and has been screened
 1447  before employment in accordance with level 2 background
 1448  screening requirements in chapter 435. The department Office of
 1449  Early Learning shall adopt rules to implement this paragraph
 1450  which shall include required qualifications of substitute
 1451  instructors and the circumstances and time limits for which a
 1452  private prekindergarten provider may assign a substitute
 1453  instructor.
 1454         (g) The private prekindergarten provider must have a
 1455  prekindergarten director who has a prekindergarten director
 1456  credential that is approved by the department office as meeting
 1457  or exceeding the minimum standards adopted under s. 1002.57. A
 1458  private school administrator who holds a valid certificate in
 1459  educational leadership issued by the department satisfies the
 1460  requirement for a prekindergarten director credential under s.
 1461  1002.57 Successful completion of a child care facility director
 1462  credential under s. 402.305(2)(g) before the establishment of
 1463  the prekindergarten director credential under s. 1002.57 or July
 1464  1, 2006, whichever occurs later, satisfies the requirement for a
 1465  prekindergarten director credential under this paragraph.
 1466         (h) The private prekindergarten provider must register with
 1467  the early learning coalition on forms prescribed by the
 1468  department Office of Early Learning.
 1469         (i) The private prekindergarten provider must execute the
 1470  statewide provider contract prescribed under s. 1002.73 s.
 1471  1002.75, except that an individual who owns or operates multiple
 1472  private prekindergarten sites providers within a coalition’s
 1473  service area may execute a single agreement with the coalition
 1474  on behalf of each site provider.
 1475         (j) The private prekindergarten provider must maintain
 1476  general liability insurance and provide the coalition with
 1477  written evidence of general liability insurance coverage,
 1478  including coverage for transportation of children if
 1479  prekindergarten students are transported by the provider. A
 1480  provider must obtain and retain an insurance policy that
 1481  provides a minimum of $100,000 of coverage per occurrence and a
 1482  minimum of $300,000 general aggregate coverage. The department
 1483  office may authorize lower limits upon request, as appropriate.
 1484  A provider must add the coalition as a named certificateholder
 1485  and as an additional insured. A provider must provide the
 1486  coalition with a minimum of 10 calendar days’ advance written
 1487  notice of cancellation of or changes to coverage. The general
 1488  liability insurance required by this paragraph must remain in
 1489  full force and effect for the entire period of the provider
 1490  contract with the coalition.
 1491         (l) Notwithstanding paragraph (j), for a private
 1492  prekindergarten provider that is a state agency or a subdivision
 1493  thereof, as defined in s. 768.28(2), the provider must agree to
 1494  notify the coalition of any additional liability coverage
 1495  maintained by the provider in addition to that otherwise
 1496  established under s. 768.28. The provider shall indemnify the
 1497  coalition to the extent permitted by s. 768.28. Notwithstanding
 1498  paragraph (j), for a child development program that is
 1499  accredited by a national accrediting body and operates on a
 1500  military installation that is certified by the United States
 1501  Department of Defense, the provider may demonstrate liability
 1502  coverage by affirming that it is subject to the Federal Tort
 1503  Claims Act, 28 U.S.C. s. 2671 et seq.
 1504         (4) A prekindergarten instructor, in lieu of the minimum
 1505  credentials and courses required under paragraph (3)(c), may
 1506  hold one of the following educational credentials:
 1507         (a) A bachelor’s or higher degree in early childhood
 1508  education, prekindergarten or primary education, preschool
 1509  education, or family and consumer science;
 1510         (b) A bachelor’s or higher degree in elementary education,
 1511  if the prekindergarten instructor has been certified to teach
 1512  children any age from birth through 6th grade, regardless of
 1513  whether the instructor’s educator certificate is current, and if
 1514  the instructor is not ineligible to teach in a public school
 1515  because his or her educator certificate is suspended or revoked;
 1516         (c) An associate’s or higher degree in child development;
 1517         (d) An associate’s or higher degree in an unrelated field,
 1518  at least 6 credit hours in early childhood education or child
 1519  development, and at least 480 hours of experience in teaching or
 1520  providing child care services for children any age from birth
 1521  through 8 years of age; or
 1522         (e) An educational credential approved by the department as
 1523  being equivalent to or greater than an educational credential
 1524  described in this subsection. The department may adopt criteria
 1525  and procedures for approving equivalent educational credentials
 1526  under this paragraph.
 1527         (5)
 1528         (b) Notwithstanding any other provision of law, if a
 1529  private prekindergarten provider has been cited for a class I
 1530  violation, as defined by rule of the Child Care Services Program
 1531  Office of the Department of Children and Families, the coalition
 1532  may refuse to contract with the provider.
 1533         (6)Each early learning coalition must verify that each
 1534  private prekindergarten provider delivering the Voluntary
 1535  Prekindergarten Education Program within the coalition’s county
 1536  or multicounty region complies with this part. If a private
 1537  prekindergarten provider fails or refuses to comply with this
 1538  part or engages in misconduct, the department shall require the
 1539  early learning coalition to remove the provider from eligibility
 1540  to deliver the program and receive state funds under this part
 1541  for a period of at least 2 years but no more than 5 years.
 1542         Section 37. Subsections (1) and (2) of section 1002.57,
 1543  Florida Statutes, is amended to read:
 1544         1002.57 Prekindergarten director credential.—
 1545         (1) The department office, in consultation with the
 1546  Department of Children and Families, shall adopt minimum
 1547  standards for a credential for prekindergarten directors of
 1548  private prekindergarten providers delivering the Voluntary
 1549  Prekindergarten Education Program. The credential must encompass
 1550  requirements for education and onsite experience.
 1551         (2) The educational requirements must include training in
 1552  the following:
 1553         (a) Professionally accepted standards for prekindergarten
 1554  programs, early learning, and strategies and techniques to
 1555  address the age-appropriate progress of prekindergarten students
 1556  in attaining the performance standards adopted by the department
 1557  under s. 1002.67;
 1558         (b)Implementation of curriculum and usage of student-level
 1559  data to inform the delivery of instruction;
 1560         (c)(b) Strategies that allow students with disabilities and
 1561  other special needs to derive maximum benefit from the Voluntary
 1562  Prekindergarten Education Program; and
 1563         (d)(c) Program administration and operations, including
 1564  management, organizational leadership, and financial and legal
 1565  issues.
 1566         Section 38. Section 1002.59, Florida Statutes, is amended
 1567  to read:
 1568         1002.59 Emergent literacy and performance standards
 1569  training courses.—
 1570         (1) The department office shall adopt minimum standards for
 1571  one or more training courses in emergent literacy for
 1572  prekindergarten instructors. Each course must comprise 5 clock
 1573  hours and provide instruction in strategies and techniques to
 1574  address the age-appropriate progress of prekindergarten students
 1575  in developing emergent literacy skills, including oral
 1576  communication, knowledge of print and letters, phonemic and
 1577  phonological awareness, and vocabulary and comprehension
 1578  development. Each course must also provide resources containing
 1579  strategies that allow students with disabilities and other
 1580  special needs to derive maximum benefit from the Voluntary
 1581  Prekindergarten Education Program. Successful completion of an
 1582  emergent literacy training course approved under this section
 1583  satisfies requirements for approved training in early literacy
 1584  and language development under ss. 402.305(2)(e)5., 402.313(6),
 1585  and 402.3131(5).
 1586         (2) The department office shall adopt minimum standards for
 1587  one or more training courses on the performance standards
 1588  adopted under s. 1002.67(1). Each course must be comprised of
 1589  comprise at least 3 clock hours, provide instruction in
 1590  strategies and techniques to address age-appropriate progress of
 1591  each child in attaining the standards, and be available online.
 1592         (3)The department shall make available online professional
 1593  development and training courses comprised of at least 8 clock
 1594  hours that support prekindergarten instructors in increasing the
 1595  competency of teacher-child interactions.
 1596         Section 39. Present subsections (6) through (8) of section
 1597  1002.61, Florida Statutes, are redesignated as subsections (7)
 1598  through (9), respectively, new subsection (6) and subsection
 1599  (10) are added to that section, and paragraph (b) of subsection
 1600  (1), paragraph (b) of subsection (3), subsection (4), and
 1601  present subsections (6) and (8) are amended, to read:
 1602         1002.61 Summer prekindergarten program delivered by public
 1603  schools and private prekindergarten providers.—
 1604         (1)
 1605         (b) Each early learning coalition shall administer the
 1606  Voluntary Prekindergarten Education Program at the county or
 1607  regional level for students enrolled under s. 1002.53(3)(b) in a
 1608  summer prekindergarten program delivered by a private
 1609  prekindergarten provider. A child development program that is
 1610  accredited by a national accrediting body and operates on a
 1611  military installation that is certified by the United States
 1612  Department of Defense may administer the summer prekindergarten
 1613  program as a private prekindergarten provider.
 1614         (3)
 1615         (b) Each public school delivering the summer
 1616  prekindergarten program must execute the statewide provider
 1617  contract prescribed under s. 1002.73 s. 1002.75, except that the
 1618  school district may execute a single agreement with the early
 1619  learning coalition on behalf of all district schools.
 1620         (4) Notwithstanding ss. 1002.55(3)(c)1. and 1002.63(4),
 1621  each public school and private prekindergarten provider must
 1622  have, for each prekindergarten class, at least one
 1623  prekindergarten instructor who is a certified teacher or holds
 1624  one of the educational credentials specified in s. 1002.55(4)(a)
 1625  or (b). As used in this subsection, the term “certified teacher”
 1626  means a teacher holding a valid Florida educator certificate
 1627  under s. 1012.56 who has the qualifications required by the
 1628  district school board to instruct students in the summer
 1629  prekindergarten program. In selecting instructional staff for
 1630  the summer prekindergarten program, each school district shall
 1631  give priority to teachers who have experience or coursework in
 1632  early childhood education and have completed emergent literacy
 1633  and performance standards courses, as defined in s.
 1634  1002.55(3)(c)2.
 1635         (6)A child development program that is accredited by a
 1636  national accrediting body and operates on a military
 1637  installation that is certified by the United States Department
 1638  of Defense shall comply with the requirements of a private
 1639  prekindergarten provider in this section.
 1640         (7)(6) A public school or private prekindergarten provider
 1641  may assign a substitute instructor to temporarily replace a
 1642  credentialed instructor if the credentialed instructor assigned
 1643  to a prekindergarten class is absent, as long as the substitute
 1644  instructor is of good moral character and has been screened
 1645  before employment in accordance with level 2 background
 1646  screening requirements in chapter 435. This subsection does not
 1647  supersede employment requirements for instructional personnel in
 1648  public schools which are more stringent than the requirements of
 1649  this subsection. The department Office of Early Learning shall
 1650  adopt rules to implement this subsection which shall include
 1651  required qualifications of substitute instructors and the
 1652  circumstances and time limits for which a public school or
 1653  private prekindergarten provider may assign a substitute
 1654  instructor.
 1655         (9)(8) Each public school delivering the summer
 1656  prekindergarten program must also register with the early
 1657  learning coalition on forms prescribed by the department Office
 1658  of Early Learning and deliver the Voluntary Prekindergarten
 1659  Education Program in accordance with this part.
 1660         (10)(a)Each early learning coalition shall verify that
 1661  each private prekindergarten provider and public school
 1662  delivering the Voluntary Prekindergarten Education Program
 1663  within the coalition’s county or multicounty region complies
 1664  with this part.
 1665         (b)If a private prekindergarten provider or public school
 1666  fails or refuses to comply with this part or engages in
 1667  misconduct, the department shall require the early learning
 1668  coalition to remove the provider or school from eligibility to
 1669  deliver the Voluntary Prekindergarten Education Program and
 1670  receive state funds under this part for a period of at least 2
 1671  years but no more than 5 years.
 1672         Section 40. Paragraph (b) of subsection (3) and subsections
 1673  (6) and (8) of section 1002.63, Florida Statutes, are amended,
 1674  and subsection (9) is added to that section, to read:
 1675         1002.63 School-year prekindergarten program delivered by
 1676  public schools.—
 1677         (3)
 1678         (b) Each public school delivering the school-year
 1679  prekindergarten program must execute the statewide provider
 1680  contract prescribed under s. 1002.73 s. 1002.75, except that the
 1681  school district may execute a single agreement with the early
 1682  learning coalition on behalf of all district schools.
 1683         (6) A public school prekindergarten provider may assign a
 1684  substitute instructor to temporarily replace a credentialed
 1685  instructor if the credentialed instructor assigned to a
 1686  prekindergarten class is absent, as long as the substitute
 1687  instructor is of good moral character and has been screened
 1688  before employment in accordance with level 2 background
 1689  screening requirements in chapter 435. This subsection does not
 1690  supersede employment requirements for instructional personnel in
 1691  public schools which are more stringent than the requirements of
 1692  this subsection. The department Office of Early Learning shall
 1693  adopt rules to implement this subsection which shall include
 1694  required qualifications of substitute instructors and the
 1695  circumstances and time limits for which a public school
 1696  prekindergarten provider may assign a substitute instructor.
 1697         (8) Each public school delivering the school-year
 1698  prekindergarten program must register with the early learning
 1699  coalition on forms prescribed by the department Office of Early
 1700  Learning and deliver the Voluntary Prekindergarten Education
 1701  Program in accordance with this part.
 1702         (9)(a)Each early learning coalition shall verify that each
 1703  public school delivering the Voluntary Prekindergarten Education
 1704  Program within the coalition’s service area complies with this
 1705  part.
 1706         (b)If a public school fails or refuses to comply with this
 1707  part or engages in misconduct, the department shall require the
 1708  early learning coalition to remove the school from eligibility
 1709  to deliver the Voluntary Prekindergarten Education Program and
 1710  receive state funds under this part for a period of at least 2
 1711  years but no more than 5 years.
 1712         Section 41. Section 1002.67, Florida Statutes, is amended
 1713  to read:
 1714         1002.67 Performance standards and; curricula and
 1715  accountability.—
 1716         (1)(a) The department office shall develop and adopt
 1717  performance standards for students in the Voluntary
 1718  Prekindergarten Education Program. The performance standards
 1719  must address the age-appropriate progress of students in the
 1720  development of:
 1721         1. The capabilities, capacities, and skills required under
 1722  s. 1(b), Art. IX of the State Constitution; and
 1723         2. Emergent literacy skills, including oral communication,
 1724  knowledge of print and letters, phonemic and phonological
 1725  awareness, and vocabulary and comprehension development; and
 1726         3.Mathematical thinking and early math skills.
 1727  
 1728  By October 1, 2013, the office shall examine the existing
 1729  performance standards in the area of mathematical thinking and
 1730  develop a plan to make appropriate professional development and
 1731  training courses available to prekindergarten instructors.
 1732         (b) At least every 3 years, the department office shall
 1733  periodically review and, if necessary, revise the performance
 1734  standards established under s. 1002.67 for the statewide
 1735  kindergarten screening administered under s. 1002.69 and align
 1736  the standards to the standards established by the state board
 1737  for student performance on the statewide assessments
 1738  administered pursuant to s. 1008.22.
 1739         (2)(a) Each private prekindergarten provider and public
 1740  school may select or design the curriculum that the provider or
 1741  school uses to implement the Voluntary Prekindergarten Education
 1742  Program, except as otherwise required for a provider or school
 1743  that is placed on probation under s. 1002.68 paragraph (4)(c).
 1744         (b) Each private prekindergarten provider’s and public
 1745  school’s curriculum must be developmentally appropriate and
 1746  must:
 1747         1. Be designed to prepare a student for early literacy and
 1748  provide for instruction in early math skills;
 1749         2. Enhance the age-appropriate progress of students in
 1750  attaining the performance standards adopted by the department
 1751  under subsection (1); and
 1752         3. Support student learning gains through differentiated
 1753  instruction that shall be measured by the coordinated screening
 1754  and progress monitoring program under s. 1008.2125 Prepare
 1755  students to be ready for kindergarten based upon the statewide
 1756  kindergarten screening administered under s. 1002.69.
 1757         (c) The department office shall adopt procedures for the
 1758  review and approval of approve curricula for use by private
 1759  prekindergarten providers and public schools that are placed on
 1760  probation under s. 1002.68 paragraph (4)(c). The department
 1761  office shall administer the review and approval process and
 1762  maintain a list of the curricula approved under this paragraph.
 1763  Each approved curriculum must meet the requirements of paragraph
 1764  (b).
 1765         (3)(a)Contingent upon legislative appropriation, each
 1766  private prekindergarten provider and public school in the
 1767  Voluntary Prekindergarten Education Program must implement an
 1768  evidence-based pre- and post-assessment that has been approved
 1769  by rule of the State Board of Education.
 1770         (b)In order to be approved, the assessment must be valid,
 1771  reliable, developmentally appropriate, and designed to measure
 1772  student progress on domains which must include, but are not
 1773  limited to, early literacy, numeracy, and language.
 1774         (c)The pre- and post-assessment must be administered by
 1775  individuals meeting requirements established by rule of the
 1776  State Board of Education.
 1777         (4)(a)Each early learning coalition shall verify that each
 1778  private prekindergarten provider delivering the Voluntary
 1779  Prekindergarten Education Program within the coalition’s county
 1780  or multicounty region complies with this part. Each district
 1781  school board shall verify that each public school delivering the
 1782  program within the school district complies with this part.
 1783         (b)If a private prekindergarten provider or public school
 1784  fails or refuses to comply with this part, or if a provider or
 1785  school engages in misconduct, the office shall require the early
 1786  learning coalition to remove the provider and require the school
 1787  district to remove the school from eligibility to deliver the
 1788  Voluntary Prekindergarten Education Program and receive state
 1789  funds under this part for a period of 5 years.
 1790         (c)1.If the kindergarten readiness rate of a private
 1791  prekindergarten provider or public school falls below the
 1792  minimum rate adopted by the office as satisfactory under s.
 1793  1002.69(6), the early learning coalition or school district, as
 1794  applicable, shall require the provider or school to submit an
 1795  improvement plan for approval by the coalition or school
 1796  district, as applicable, and to implement the plan; shall place
 1797  the provider or school on probation; and shall require the
 1798  provider or school to take certain corrective actions, including
 1799  the use of a curriculum approved by the office under paragraph
 1800  (2)(c) or a staff development plan to strengthen instruction in
 1801  language development and phonological awareness approved by the
 1802  office.
 1803         2.A private prekindergarten provider or public school that
 1804  is placed on probation must continue the corrective actions
 1805  required under subparagraph 1., including the use of a
 1806  curriculum or a staff development plan to strengthen instruction
 1807  in language development and phonological awareness approved by
 1808  the office, until the provider or school meets the minimum rate
 1809  adopted by the office as satisfactory under s. 1002.69(6).
 1810  Failure to implement an approved improvement plan or staff
 1811  development plan shall result in the termination of the
 1812  provider’s contract to deliver the Voluntary Prekindergarten
 1813  Education Program for a period of 5 years.
 1814         3.If a private prekindergarten provider or public school
 1815  remains on probation for 2 consecutive years and fails to meet
 1816  the minimum rate adopted by the office as satisfactory under s.
 1817  1002.69(6) and is not granted a good cause exemption by the
 1818  office pursuant to s. 1002.69(7), the office shall require the
 1819  early learning coalition or the school district to remove, as
 1820  applicable, the provider or school from eligibility to deliver
 1821  the Voluntary Prekindergarten Education Program and receive
 1822  state funds for the program for a period of 5 years.
 1823         (d)Each early learning coalition and the office shall
 1824  coordinate with the Child Care Services Program Office of the
 1825  Department of Children and Families to minimize interagency
 1826  duplication of activities for monitoring private prekindergarten
 1827  providers for compliance with requirements of the Voluntary
 1828  Prekindergarten Education Program under this part, the school
 1829  readiness program under part VI of this chapter, and the
 1830  licensing of providers under ss. 402.301-402.319.
 1831         Section 42. Section 1002.68, Florida Statutes, is created
 1832  to read:
 1833         1002.68Voluntary Prekindergarten Education Program
 1834  accountability.—
 1835         (1)(a)Beginning with the 2021-2022 program year, each
 1836  private prekindergarten provider and public school participating
 1837  in the Voluntary Prekindergarten Education Program must
 1838  participate in the coordinated screening and progress monitoring
 1839  program in accordance with s. 1008.2125. The coordinated
 1840  screening and progress monitoring program results shall be used
 1841  by the department to identify student learning gains, index
 1842  development learning outcomes upon program completion relative
 1843  to the performance standards established under s. 1002.67 and
 1844  representative norms, and inform a private prekindergarten
 1845  provider’s and public school’s performance metric.
 1846         (b)At a minimum, the initial and final progress monitoring
 1847  or screening must be administered by individuals meeting
 1848  requirements adopted by the department pursuant to s. 1008.2125.
 1849         (c)Each private prekindergarten provider and public school
 1850  must provide a student’s performance results from the
 1851  coordinated screening and progress monitoring to the student’s
 1852  parents within 7 days after the administration of such
 1853  coordinated screening and progress monitoring.
 1854         (2)Beginning with the 2020-2021 program year, each private
 1855  prekindergarten provider and public school in the Voluntary
 1856  Prekindergarten Education Program must participate in a program
 1857  assessment of each voluntary prekindergarten education
 1858  classroom. The program assessment shall measure the quality of
 1859  teacher-child interactions, including emotional support,
 1860  classroom organization, and instructional support for children
 1861  ages 3 to 5 years. Each private prekindergarten provider and
 1862  public school in the Voluntary Prekindergarten Education Program
 1863  shall receive from the department the results of the program
 1864  assessment for each classroom within 14 days after the
 1865  observation. The program assessment must be administered by
 1866  individuals who meet requirements established by rule of the
 1867  State Board of Education.
 1868         (3)(a)For the 2019-2020 program year, the department shall
 1869  calculate a kindergarten readiness rate for each private
 1870  prekindergarten provider and public school in the Voluntary
 1871  Prekindergarten Education Program based upon learning gains and
 1872  the percentage of students who are assessed as ready for
 1873  kindergarten. The department shall require that each school
 1874  district administer the statewide kindergarten screening in use
 1875  before the 2020-2021 school year to each kindergarten student in
 1876  the school district within the first 30 school days of the 2020
 1877  2021 school year. Private schools may administer the statewide
 1878  kindergarten screening to each kindergarten student in a private
 1879  school who was enrolled in the Voluntary Prekindergarten
 1880  Education Program. Learning gains shall be determined using a
 1881  value-added measure based on growth demonstrated by the results
 1882  of the preassessment and postassessment in use before the 2020
 1883  2021 program year. Any private prekindergarten provider or
 1884  public school in the Voluntary Prekindergarten Education Program
 1885  which fails to meet the minimum kindergarten readiness rate for
 1886  the 2019-2020 program year is subject to the probation
 1887  requirements of subsection (5).
 1888         (b)For the 2020-2021 program year, the department shall
 1889  calculate a program assessment composite score for each provider
 1890  based on the program assessment under subsection (2). Any
 1891  private prekindergarten provider or public school in the
 1892  Voluntary Prekindergarten Education Program which fails to meet
 1893  the minimum program assessment composite score established by
 1894  the department pursuant to s. 1002.82(2)(n) for the 2020-2021
 1895  program year is subject to the probation requirements of
 1896  subsection (5).
 1897         (4)(a)Beginning with the 2021-2022 program year, the
 1898  department shall adopt a methodology for calculating each
 1899  private prekindergarten provider’s and public school provider’s
 1900  performance metric, which must be based on a combination of the
 1901  following:
 1902         1.Program assessment composite scores under subsection
 1903  (2), which must be weighted at no less than 50 percent.
 1904         2.Learning gains operationalized as change in ability
 1905  scores from the initial and final progress monitoring results
 1906  described in subsection (1).
 1907         3.Norm-referenced developmental learning outcomes
 1908  described in subsection (1).
 1909         (b)The methodology for calculating a provider’s
 1910  performance metric may only include prekindergarten students who
 1911  have attended at least 85 percent of a private prekindergarten
 1912  provider’s or public school’s program.
 1913         (c)The program assessment composite score and performance
 1914  metric must be calculated for each private prekindergarten or
 1915  public school site.
 1916         (d)The methodology shall include a statistical latent
 1917  profile analysis that has been conducted by an independent
 1918  expert with experience in relevant quantitative analysis, early
 1919  childhood assessment, and designing state-level accountability
 1920  systems. The independent expert shall be able to produce a
 1921  limited number of performance metric profiles that summarize the
 1922  profiles of all sites that must be used to inform the following
 1923  designations: “unsatisfactory,” “emerging proficiency,”
 1924  “proficient,” “highly proficient,” and “excellent” or comparable
 1925  terminology determined by the State Board of Education which may
 1926  not include letter grades. The independent expert may not be a
 1927  direct stakeholder or have had a financial interest in the
 1928  design or delivery of the Voluntary Prekindergarten Education
 1929  Program or public school system within the last 5 years.
 1930         (e)Subject to an appropriation, the department shall
 1931  provide for a differential payment to a private prekindergarten
 1932  provider and public school based on the provider’s designation.
 1933  The maximum differential payment may not exceed a total of 15
 1934  percent of the base student allocation per full-time equivalent
 1935  student under s. 1002.71 attending in the consecutive program
 1936  year for that program. A private prekindergarten provider or
 1937  public school may not receive a differential payment if it
 1938  receives a designation of “proficient” or lower. Before the
 1939  adoption of the methodology, the department and the independent
 1940  expert shall confer with the Early Grade Success Advisory
 1941  Committee under s. 1008.2125 before receiving approval from the
 1942  State Board of Education for the final recommendations on the
 1943  designation system and differential payments.
 1944         (f)The department shall adopt procedures to annually
 1945  calculate each private prekindergarten provider’s and public
 1946  school’s performance metric, based on the methodology adopted in
 1947  paragraphs (a) and (b), and assign a designation under paragraph
 1948  (d). Beginning with the 2022-2023 program year, each private
 1949  prekindergarten provider or public school shall be assigned a
 1950  designation within 45 days after the conclusion of the school
 1951  year Voluntary Prekindergarten Education Program delivered by
 1952  all participating private prekindergarten providers or public
 1953  schools and within 45 days after the conclusion of the summer
 1954  Voluntary Prekindergarten Education Program delivered by all
 1955  participating private prekindergarten providers or public
 1956  schools.
 1957         (g)A private prekindergarten provider or public school
 1958  that is designated “proficient,” “highly proficient,” or
 1959  “excellent” demonstrates the provider’s or school’s satisfactory
 1960  delivery of the Voluntary Prekindergarten Education Program.
 1961         (h)The designations shall be displayed in the early
 1962  learning provider performance profiles required under s.
 1963  1002.92(3).
 1964         (5)(a)If a public school’s or private prekindergarten
 1965  provider’s program assessment composite score for its
 1966  prekindergarten classrooms fails to meet the minimum program
 1967  assessment composite score for contracting established by the
 1968  department pursuant to s. 1002.82(2)(n), the private
 1969  prekindergarten provider or public school may not participate in
 1970  the Voluntary Prekindergarten Education Program beginning in the
 1971  consecutive program year and thereafter until the public school
 1972  or private prekindergarten provider meets the minimum composite
 1973  score for contracting.
 1974         (b)If a private prekindergarten provider’s or public
 1975  school’s performance metric or designation falls below the
 1976  minimum performance metric or designation, the early learning
 1977  coalition shall:
 1978         1.Require the provider or school to submit for approval to
 1979  the early learning coalition an improvement plan and implement
 1980  the plan.
 1981         2.Place the provider or school on probation.
 1982         3.Require the provider or school to take certain
 1983  corrective actions, including the use of a curriculum approved
 1984  by the department under s. 1002.67(2)(c) and a staff development
 1985  plan approved by the department to strengthen instructional
 1986  practices in emotional support, classroom organization,
 1987  instructional support, language development, phonological
 1988  awareness, alphabet knowledge, and mathematical thinking.
 1989         (c)A private prekindergarten provider or public school
 1990  that is placed on probation must continue the corrective actions
 1991  required under paragraph (b) until the provider or school meets
 1992  the minimum performance metric or designation adopted by the
 1993  department. Failure to meet the requirements of subparagraphs
 1994  (b)1. and 3. shall result in the termination of the provider’s
 1995  or school’s contract to deliver the Voluntary Prekindergarten
 1996  Education Program for a period of at least 2 years but no more
 1997  than 5 years.
 1998         (d)If a private prekindergarten provider or public school
 1999  remains on probation for 2 consecutive years and fails to meet
 2000  the minimum performance metric or designation, or is not granted
 2001  a good cause exemption by the department, the department shall
 2002  require the early learning coalition to revoke the provider’s or
 2003  school’s eligibility to deliver the Voluntary Prekindergarten
 2004  Education Program and receive state funds for the program for a
 2005  period of at least 2 years but no more than 5 years.
 2006         (6)(a)The department, upon the request of a private
 2007  prekindergarten provider or public school that remains on
 2008  probation for at least 2 consecutive years and subsequently
 2009  fails to meet the minimum performance metric or designation, and
 2010  for good cause shown, may grant to the provider or school an
 2011  exemption from being determined ineligible to deliver the
 2012  Voluntary Prekindergarten Education Program and receive state
 2013  funds for the program. Such exemption is valid for 1 year and,
 2014  upon the request of the private prekindergarten provider or
 2015  public school and for good cause shown, may be renewed.
 2016         (b)A private prekindergarten provider’s or public school’s
 2017  request for a good cause exemption, or renewal of such an
 2018  exemption, must be submitted to the department in the manner and
 2019  within the timeframes prescribed by the department and must
 2020  include the following:
 2021         1.Data from the private prekindergarten provider or public
 2022  school which documents the achievement and progress of the
 2023  children served, as measured by any required screenings or
 2024  assessments.
 2025         2.Data from the program assessment required under
 2026  subsection (2) which demonstrates effective teaching practices
 2027  as recognized by the tool developer.
 2028         3.Data from the early learning coalition or district
 2029  school board, as applicable, the Department of Children and
 2030  Families, the local licensing authority, or an accrediting
 2031  association, as applicable, relating to the private
 2032  prekindergarten provider’s or public school’s compliance with
 2033  state and local health and safety standards.
 2034         (c)The department shall adopt criteria for granting good
 2035  cause exemptions. Such criteria must include, but are not
 2036  limited to, all of the following:
 2037         1.Child demographic data that evidences a private
 2038  prekindergarten provider or public school serves a statistically
 2039  significant population of children with special needs who have
 2040  individual education plans and can demonstrate progress toward
 2041  meeting the goals outlined in the students’ individual education
 2042  plans.
 2043         2.Learning gains of children served in the Voluntary
 2044  Prekindergarten Education Program by the private prekindergarten
 2045  provider or public school on an alternative measure that has
 2046  comparable validity and reliability of the coordinated screening
 2047  and progress monitoring program in accordance with s. 1008.2125.
 2048         3.Program assessment data under subsection (2) which
 2049  demonstrates effective teaching practices as recognized by the
 2050  tool developer.
 2051         4.Verification that local and state health and safety
 2052  requirements are met.
 2053         (d)A good cause exemption may not be granted to any
 2054  private prekindergarten provider or public school that has any
 2055  class I violations or two or more class II violations, as
 2056  defined by rule of the Department of Children and Families,
 2057  within the 2 years preceding the provider’s or school’s request
 2058  for the exemption.
 2059         (e)A private prekindergarten provider or public school
 2060  granted a good cause exemption shall continue to implement its
 2061  improvement plan and continue the corrective actions required
 2062  under subsection (5)(b) until the provider or school meets the
 2063  minimum performance metric.
 2064         (f)If a good cause exemption is granted to a private
 2065  prekindergarten provider or public school that remains on
 2066  probation for 2 consecutive years and if the provider meets all
 2067  other applicable requirements of this part, the department shall
 2068  notify the early learning coalition of the good cause exemption
 2069  and direct that the early learning coalition not remove the
 2070  provider from eligibility to deliver the Voluntary
 2071  Prekindergarten Education Program or to receive state funds for
 2072  the program.
 2073         (g)The department shall report the number of private
 2074  prekindergarten providers or public schools that have received a
 2075  good cause exemption and the reasons for the exemptions as part
 2076  of its annual reporting requirements under s. 1002.82(6).
 2077         (7)Representatives from each school district and
 2078  corresponding early learning coalitions must meet annually to
 2079  develop strategies to transition students from the Voluntary
 2080  Prekindergarten Education Program to kindergarten.
 2081         Section 43. Section 1002.69, Florida Statutes, is repealed.
 2082         Section 44. Paragraph (c) of subsection (3), subsection
 2083  (4), paragraph (b) of subsection (5), paragraphs (b) and (d) of
 2084  subsection (6), and subsection (7) of section 1002.71, Florida
 2085  Statutes, are amended to read:
 2086         1002.71 Funding; financial and attendance reporting.—
 2087         (3)
 2088         (c) The initial allocation shall be based on estimated
 2089  student enrollment in each coalition service area. The
 2090  department Office of Early Learning shall reallocate funds among
 2091  the coalitions based on actual full-time equivalent student
 2092  enrollment in each coalition service area. Each coalition shall
 2093  report student enrollment pursuant to subsection (2) on a
 2094  monthly basis. A student enrollment count for the prior fiscal
 2095  year may not be amended after September 30 of the subsequent
 2096  fiscal year.
 2097         (4) Notwithstanding s. 1002.53(3) and subsection (2):
 2098         (a) A child who, for any of the prekindergarten programs
 2099  listed in s. 1002.53(3), has not completed more than 70 percent
 2100  of the hours authorized to be reported for funding under
 2101  subsection (2), or has not expended more than 70 percent of the
 2102  funds authorized for the child under s. 1002.66, may withdraw
 2103  from the program for good cause and reenroll in one of the
 2104  programs. The total funding for a child who reenrolls in one of
 2105  the programs for good cause may not exceed one full-time
 2106  equivalent student. Funding for a child who withdraws and
 2107  reenrolls in one of the programs for good cause shall be issued
 2108  in accordance with the department’s Office of Early Learning’s
 2109  uniform attendance policy adopted pursuant to paragraph (6)(d).
 2110         (b) A child who has not substantially completed any of the
 2111  prekindergarten programs listed in s. 1002.53(3) may withdraw
 2112  from the program due to an extreme hardship that is beyond the
 2113  child’s or parent’s control, reenroll in one of the summer
 2114  programs, and be reported for funding purposes as a full-time
 2115  equivalent student in the summer program for which the child is
 2116  reenrolled.
 2117  
 2118  A child may reenroll only once in a prekindergarten program
 2119  under this section. A child who reenrolls in a prekindergarten
 2120  program under this subsection may not subsequently withdraw from
 2121  the program and reenroll, unless the child is granted a good
 2122  cause exemption under this subsection. The department Office of
 2123  Early Learning shall establish criteria specifying whether a
 2124  good cause exists for a child to withdraw from a program under
 2125  paragraph (a), whether a child has substantially completed a
 2126  program under paragraph (b), and whether an extreme hardship
 2127  exists which is beyond the child’s or parent’s control under
 2128  paragraph (b).
 2129         (5)
 2130         (b) The department Office of Early Learning shall adopt
 2131  procedures for the payment of private prekindergarten providers
 2132  and public schools delivering the Voluntary Prekindergarten
 2133  Education Program. The procedures shall provide for the advance
 2134  payment of providers and schools based upon student enrollment
 2135  in the program, the certification of student attendance, and the
 2136  reconciliation of advance payments in accordance with the
 2137  uniform attendance policy adopted under paragraph (6)(d). The
 2138  procedures shall provide for the monthly distribution of funds
 2139  by the department Office of Early Learning to the early learning
 2140  coalitions for payment by the coalitions to private
 2141  prekindergarten providers and public schools.
 2142         (6)
 2143         (b)1. Each private prekindergarten provider’s and district
 2144  school board’s attendance policy must require the parent of each
 2145  student in the Voluntary Prekindergarten Education Program to
 2146  verify, each month, the student’s attendance on the prior
 2147  month’s certified student attendance.
 2148         2. The parent must submit the verification of the student’s
 2149  attendance to the private prekindergarten provider or public
 2150  school on forms prescribed by the department Office of Early
 2151  Learning. The forms must include, in addition to the
 2152  verification of the student’s attendance, a certification, in
 2153  substantially the following form, that the parent continues to
 2154  choose the private prekindergarten provider or public school in
 2155  accordance with s. 1002.53 and directs that payments for the
 2156  program be made to the provider or school:
 2157                VERIFICATION OF STUDENT’S ATTENDANCE               
 2158                AND CERTIFICATION OF PARENTAL CHOICE               
 2159  I, ...(Name of Parent)..., swear (or affirm) that my child,
 2160  ...(Name of Student)..., attended the Voluntary Prekindergarten
 2161  Education Program on the days listed above and certify that I
 2162  continue to choose ...(Name of Provider or School)... to deliver
 2163  the program for my child and direct that program funds be paid
 2164  to the provider or school for my child.
 2165  ...(Signature of Parent)...
 2166  ...(Date)...
 2167         3. The private prekindergarten provider or public school
 2168  must keep each original signed form for at least 2 years. Each
 2169  private prekindergarten provider must permit the early learning
 2170  coalition, and each public school must permit the school
 2171  district, to inspect the original signed forms during normal
 2172  business hours. The department Office of Early Learning shall
 2173  adopt procedures for early learning coalitions and school
 2174  districts to review the original signed forms against the
 2175  certified student attendance. The review procedures shall
 2176  provide for the use of selective inspection techniques,
 2177  including, but not limited to, random sampling. Each early
 2178  learning coalition and the school districts must comply with the
 2179  review procedures.
 2180         (d) The department Office of Early Learning shall adopt,
 2181  for funding purposes, a uniform attendance policy for the
 2182  Voluntary Prekindergarten Education Program. The attendance
 2183  policy must apply statewide and apply equally to all private
 2184  prekindergarten providers and public schools. The attendance
 2185  policy must include at least the following provisions:
 2186         1. A student’s attendance may be reported on a pro rata
 2187  basis as a fractional part of a full-time equivalent student.
 2188         2. At a maximum, 20 percent of the total payment made on
 2189  behalf of a student to a private prekindergarten provider or a
 2190  public school may be for hours a student is absent.
 2191         3. A private prekindergarten provider or public school may
 2192  not receive payment for absences that occur before a student’s
 2193  first day of attendance or after a student’s last day of
 2194  attendance.
 2195  
 2196  The uniform attendance policy shall be used only for funding
 2197  purposes and does not prohibit a private prekindergarten
 2198  provider or public school from adopting and enforcing its
 2199  attendance policy under paragraphs (a) and (c).
 2200         (7) The department Office of Early Learning shall require
 2201  that administrative expenditures be kept to the minimum
 2202  necessary for efficient and effective administration of the
 2203  Voluntary Prekindergarten Education Program. Administrative
 2204  policies and procedures shall be revised, to the maximum extent
 2205  practicable, to incorporate the use of automation and electronic
 2206  submission of forms, including those required for child
 2207  eligibility and enrollment, provider and class registration, and
 2208  monthly certification of attendance for payment. A school
 2209  district may use its automated daily attendance reporting system
 2210  for the purpose of transmitting attendance records to the early
 2211  learning coalition in a mutually agreed-upon format. In
 2212  addition, actions shall be taken to reduce paperwork, eliminate
 2213  the duplication of reports, and eliminate other duplicative
 2214  activities. Each early learning coalition may retain and expend
 2215  no more than 4.0 percent of the funds paid by the coalition to
 2216  private prekindergarten providers and public schools under
 2217  paragraph (5)(b). Funds retained by an early learning coalition
 2218  under this subsection may be used only for administering the
 2219  Voluntary Prekindergarten Education Program and may not be used
 2220  for the school readiness program or other programs.
 2221         Section 45. Subsection (1) of section 1002.72, Florida
 2222  Statutes, is amended to read:
 2223         1002.72 Records of children in the Voluntary
 2224  Prekindergarten Education Program.—
 2225         (1)(a) The records of a child enrolled in the Voluntary
 2226  Prekindergarten Education Program held by an early learning
 2227  coalition, the department Office of Early Learning, or a
 2228  Voluntary Prekindergarten Education Program provider are
 2229  confidential and exempt from s. 119.07(1) and s. 24(a), Art. I
 2230  of the State Constitution. For purposes of this section, such
 2231  records include assessment data, health data, records of teacher
 2232  observations, and personal identifying information of an
 2233  enrolled child and his or her parent.
 2234         (b) This exemption applies to the records of a child
 2235  enrolled in the Voluntary Prekindergarten Education Program held
 2236  by an early learning coalition, the department Office of Early
 2237  Learning, or a Voluntary Prekindergarten Education Program
 2238  provider before, on, or after the effective date of this
 2239  exemption.
 2240         Section 46. Section 1002.73, Florida Statutes, is amended
 2241  to read:
 2242         1002.73 Department of Education; powers and duties;
 2243  accountability requirements.—
 2244         (1) The department shall adopt by rule a standard statewide
 2245  provider contract to be used with each Voluntary Prekindergarten
 2246  Education Program provider, with standardized attachments by
 2247  provider type. The department shall publish a copy of the
 2248  standard statewide provider contract on its website. The
 2249  standard statewide provider contract shall include, at a
 2250  minimum, provisions for provider probation, termination for
 2251  cause, and emergency termination for actions or inactions of a
 2252  provider that pose an immediate and serious danger to the
 2253  health, safety, or welfare of children. The standard statewide
 2254  provider contract shall also include appropriate due process
 2255  procedures. During the pendency of an appeal of a termination,
 2256  the provider may not continue to offer its services. Any
 2257  provision imposed upon a provider that is inconsistent with, or
 2258  prohibited by, law is void and unenforceable administer the
 2259  accountability requirements of the Voluntary Prekindergarten
 2260  Education Program at the state level.
 2261         (2) The department shall adopt procedures for its:
 2262         (a) The approval of prekindergarten director credentials
 2263  under ss. 1002.55 and 1002.57.
 2264         (b) The approval of emergent literacy and early mathematics
 2265  skills training courses under ss. 1002.55 and 1002.59.
 2266         (c)Annually notifying private prekindergarten providers
 2267  and public schools placed on probation for not meeting the
 2268  minimum performance metric as required by s. 1002.68 of the
 2269  high-quality professional development opportunities developed or
 2270  supported by the department.
 2271         (d)The administration of the Voluntary Prekindergarten
 2272  Education Program by the early learning coalitions, including,
 2273  but not limited to, procedures for:
 2274         1.Enrolling children in and determining the eligibility of
 2275  children for the Voluntary Prekindergarten Education Program
 2276  under s. 1002.53, which shall include the enrollment of children
 2277  by public schools and private providers that meet specified
 2278  requirements.
 2279         2.Providing parents with profiles of private
 2280  prekindergarten providers and public schools under s. 1002.53.
 2281         3.Registering private prekindergarten providers and public
 2282  schools to deliver the program under ss. 1002.55, 1002.61, and
 2283  1002.63.
 2284         4.Determining the eligibility of private prekindergarten
 2285  providers to deliver the program under ss. 1002.55 and 1002.61
 2286  and streamlining the process of determining provider eligibility
 2287  whenever possible.
 2288         5.Verifying the compliance of private prekindergarten
 2289  providers and public schools and removing providers or schools
 2290  from eligibility to deliver the program due to noncompliance or
 2291  misconduct as provided in s. 1002.67.
 2292         6.Paying private prekindergarten providers and public
 2293  schools under s. 1002.71.
 2294         7.Documenting and certifying student enrollment and
 2295  student attendance under s. 1002.71.
 2296         8.Reconciling advance payments in accordance with the
 2297  uniform attendance policy under s. 1002.71.
 2298         9.Reenrolling students dismissed by a private
 2299  prekindergarten provider or public school for noncompliance with
 2300  the provider’s or school district’s attendance policy under s.
 2301  1002.71.
 2302         (3)The department shall administer the accountability
 2303  requirements of the Voluntary Prekindergarten Education Program
 2304  at the state level.
 2305         (4)The department shall adopt procedures governing the
 2306  administration of the Voluntary Prekindergarten Education
 2307  Program by the early learning coalitions for:
 2308         (a)Approving improvement plans of private prekindergarten
 2309  providers and public schools under s. 1002.68.
 2310         (b)Placing private prekindergarten providers and public
 2311  schools on probation and requiring corrective actions under s.
 2312  1002.68.
 2313         (c)Removing a private prekindergarten provider or public
 2314  school from eligibility to deliver the program due to the
 2315  provider’s or school’s remaining on probation beyond the time
 2316  permitted under s. 1002.68. Notwithstanding any other law, if a
 2317  private prekindergarten provider has been cited for a class I
 2318  violation, as defined by rule of the Child Care Services Program
 2319  Office of the Department of Children and Families, the coalition
 2320  may refuse to contract with the provider or revoke the
 2321  provider’s eligibility to deliver the Voluntary Prekindergarten
 2322  Education Program.
 2323         (d)Enrolling children in and determining the eligibility
 2324  of children for the Voluntary Prekindergarten Education Program
 2325  under s. 1002.66.
 2326         (e)Paying specialized instructional services providers
 2327  under s. 1002.66.
 2328         (c)Administration of the statewide kindergarten screening
 2329  and calculation of kindergarten readiness rates under s.
 2330  1002.69.
 2331         (d)Implementation of, and determination of costs
 2332  associated with, the state-approved prekindergarten enrollment
 2333  screening and the standardized postassessment approved by the
 2334  department, and determination of the learning gains of students
 2335  who complete the state-approved prekindergarten enrollment
 2336  screening and the standardized postassessment approved by the
 2337  department.
 2338         (f)(e)Approving Approval of specialized instructional
 2339  services providers under s. 1002.66.
 2340         (f)Annual reporting of the percentage of kindergarten
 2341  students who meet all state readiness measures.
 2342         (g) Granting of a private prekindergarten provider’s or
 2343  public school’s request for a good cause exemption under s.
 2344  1002.68 s. 1002.69(7).
 2345         (5)The department shall adopt procedures for the
 2346  distribution of funds to early learning coalitions under s.
 2347  1002.71.
 2348         (6)(3) Except as provided by law, the department may not
 2349  impose requirements on a private prekindergarten provider or
 2350  public school that does not deliver the Voluntary
 2351  Prekindergarten Education Program or receive state funds under
 2352  this part.
 2353         Section 47. Sections 1002.75 and 1002.77, Florida Statutes,
 2354  are repealed.
 2355         Section 48. Section 1002.79, Florida Statutes, is amended
 2356  to read:
 2357         1002.79 Rulemaking authority.—The State Board of Education
 2358  Office of Early Learning shall adopt rules under ss. 120.536(1)
 2359  and 120.54 to administer the provisions of this part conferring
 2360  duties upon the department office.
 2361         Section 49. Section 1002.81, Florida Statutes, is reordered
 2362  amended to read:
 2363         1002.81 Definitions.—Consistent with the requirements of 45
 2364  C.F.R. parts 98 and 99 and as used in this part, the term:
 2365         (1) “At-risk child” means:
 2366         (a) A child from a family under investigation by the
 2367  Department of Children and Families or a designated sheriff’s
 2368  office for child abuse, neglect, abandonment, or exploitation.
 2369         (b) A child who is in a diversion program provided by the
 2370  Department of Children and Families or its contracted provider
 2371  and who is from a family that is actively participating and
 2372  complying in department-prescribed activities, including
 2373  education, health services, or work.
 2374         (c) A child from a family that is under supervision by the
 2375  Department of Children and Families or a contracted service
 2376  provider for abuse, neglect, abandonment, or exploitation.
 2377         (d) A child placed in court-ordered, long-term custody or
 2378  under the guardianship of a relative or nonrelative after
 2379  termination of supervision by the Department of Children and
 2380  Families or its contracted provider.
 2381         (e) A child in the custody of a parent who is considered a
 2382  victim of domestic violence and is receiving services through a
 2383  certified domestic violence center.
 2384         (f) A child in the custody of a parent who is considered
 2385  homeless as verified by a Department of Children and Families
 2386  certified homeless shelter.
 2387         (2) “Authorized hours of care” means the hours of care that
 2388  are necessary to provide protection, maintain employment, or
 2389  complete work activities or eligible educational activities,
 2390  including reasonable travel time.
 2391         (12)(3) “Prevailing Average market rate” means the
 2392  biennially determined 75th percentile of a reasonable frequency
 2393  distribution average of the market rate by program care level
 2394  and provider type in a predetermined geographic market at which
 2395  child care providers charge a person for child care services.
 2396         (3)(4) “Direct enhancement services” means services for
 2397  families and children that are in addition to payments for the
 2398  placement of children in the school readiness program. Direct
 2399  enhancement services for families and children may include
 2400  supports for providers, parent training and involvement
 2401  activities, and strategies to meet the needs of unique
 2402  populations and local eligibility priorities. Direct enhancement
 2403  services offered by an early learning coalition shall be
 2404  consistent with the activities prescribed in s. 1002.89(5)(b) s.
 2405  1002.89(6)(b).
 2406         (4)(5) “Disenrollment” means the removal, either temporary
 2407  or permanent, of a child from participation in the school
 2408  readiness program. Removal of a child from the school readiness
 2409  program may be based on the following events: a reduction in
 2410  available school readiness program funding, participant’s
 2411  failure to meet eligibility or program participation
 2412  requirements, fraud, or a change in local service priorities.
 2413         (5)(6) “Earned income” means gross remuneration derived
 2414  from work, professional service, or self-employment. The term
 2415  includes commissions, bonuses, back pay awards, and the cash
 2416  value of all remuneration paid in a medium other than cash.
 2417         (6)(7) “Economically disadvantaged” means having a family
 2418  income that does not exceed 150 percent of the federal poverty
 2419  level and includes being a child of a working migratory family
 2420  as defined by 34 C.F.R. s. 200.81(d) or (f) or an agricultural
 2421  worker who is employed by more than one agricultural employer
 2422  during the course of a year, and whose income varies according
 2423  to weather conditions and market stability.
 2424         (7)(8) “Family income” means the combined gross income,
 2425  whether earned or unearned, that is derived from any source by
 2426  all family or household members who are 18 years of age or older
 2427  who are currently residing together in the same dwelling unit.
 2428  The term does not include income earned by a currently enrolled
 2429  high school student who, since attaining the age of 18 years, or
 2430  a student with a disability who, since attaining the age of 22
 2431  years, has not terminated school enrollment or received a high
 2432  school diploma, high school equivalency diploma, special
 2433  diploma, or certificate of high school completion. The term also
 2434  does not include food stamp benefits or federal housing
 2435  assistance payments issued directly to a landlord or the
 2436  associated utilities expenses.
 2437         (8)(9) “Family or household members” means spouses, former
 2438  spouses, persons related by blood or marriage, persons who are
 2439  parents of a child in common regardless of whether they have
 2440  been married, and other persons who are currently residing
 2441  together in the same dwelling unit as if a family.
 2442         (9)(10) “Full-time care” means at least 6 hours, but not
 2443  more than 11 hours, of child care or early childhood education
 2444  services within a 24-hour period.
 2445         (10)(11) “Market rate” means the price that a child care or
 2446  early childhood education provider charges for full-time or
 2447  part-time daily, weekly, or monthly child care or early
 2448  childhood education services.
 2449         (12)“Office” means the Office of Early Learning of the
 2450  Department of Education.
 2451         (11)(13) “Part-time care” means less than 6 hours of child
 2452  care or early childhood education services within a 24-hour
 2453  period.
 2454         (13)(14) “Single point of entry” means an integrated
 2455  information system that allows a parent to enroll his or her
 2456  child in the school readiness program or the Voluntary
 2457  Prekindergarten Education Program at various locations
 2458  throughout a county, that may allow a parent to enroll his or
 2459  her child by telephone or through a website, and that uses a
 2460  uniform waiting list to track eligible children waiting for
 2461  enrollment in the school readiness program.
 2462         (14)(15) “Unearned income” means income other than earned
 2463  income. The term includes, but is not limited to:
 2464         (a) Documented alimony and child support received.
 2465         (b) Social security benefits.
 2466         (c) Supplemental security income benefits.
 2467         (d) Workers’ compensation benefits.
 2468         (e) Reemployment assistance or unemployment compensation
 2469  benefits.
 2470         (f) Veterans’ benefits.
 2471         (g) Retirement benefits.
 2472         (h) Temporary cash assistance under chapter 414.
 2473         (15)(16) “Working family” means:
 2474         (a) A single-parent family in which the parent with whom
 2475  the child resides is employed or engaged in eligible work or
 2476  education activities for at least 20 hours per week;
 2477         (b) A two-parent family in which both parents with whom the
 2478  child resides are employed or engaged in eligible work or
 2479  education activities for a combined total of at least 40 hours
 2480  per week; or
 2481         (c) A two-parent family in which one of the parents with
 2482  whom the child resides is exempt from work requirements due to
 2483  age or disability, as determined and documented by a physician
 2484  licensed under chapter 458 or chapter 459, and one parent is
 2485  employed or engaged in eligible work or education activities at
 2486  least 20 hours per week.
 2487         Section 50. Section 1002.82, Florida Statutes, is amended
 2488  to read:
 2489         1002.82 Department of Education Office of Early Learning;
 2490  powers and duties.—
 2491         (1) For purposes of administration of the Child Care and
 2492  Development Block Grant Trust Fund, pursuant to 45 C.F.R. parts
 2493  98 and 99, the Department of Education Office of Early Learning
 2494  is designated as the lead agency and must comply with lead
 2495  agency responsibilities pursuant to federal law. The department
 2496  office may apply to the Governor and Cabinet for a waiver of,
 2497  and the Governor and Cabinet may waive, any provision of ss.
 2498  411.223 and 1003.54 if the waiver is necessary for
 2499  implementation of the school readiness program. Section
 2500  125.901(2)(a)3. does not apply to the school readiness program.
 2501         (2) The department office shall:
 2502         (a) Focus on improving the educational quality delivered by
 2503  all providers participating in the school readiness program.
 2504         (b) Preserve parental choice by permitting parents to
 2505  choose from a variety of child care categories, including
 2506  center-based care, family child care, and informal child care to
 2507  the extent authorized in the state’s Child Care and Development
 2508  Fund Plan as approved by the United States Department of Health
 2509  and Human Services pursuant to 45 C.F.R. s. 98.18. Care and
 2510  curriculum by a faith-based provider may not be limited or
 2511  excluded in any of these categories.
 2512         (c) Be responsible for the prudent use of all public and
 2513  private funds in accordance with all legal and contractual
 2514  requirements, safeguarding the effective use of federal, state,
 2515  and local resources to achieve the highest practicable level of
 2516  school readiness for the children described in s. 1002.87,
 2517  including:
 2518         1. The adoption of a uniform chart of accounts for
 2519  budgeting and financial reporting purposes that provides
 2520  standardized definitions for expenditures and reporting,
 2521  consistent with the requirements of 45 C.F.R. part 98 and s.
 2522  1002.89 for each of the following categories of expenditure:
 2523         a. Direct services to children.
 2524         b. Administrative costs.
 2525         c. Quality activities.
 2526         d. Nondirect services.
 2527         2. Coordination with other state and federal agencies to
 2528  perform data matches on children participating in the school
 2529  readiness program and their families in order to verify the
 2530  children’s eligibility pursuant to s. 1002.87.
 2531         (d) Establish procedures for the biennial calculation of
 2532  the prevailing average market rate.
 2533         (e) Review each early learning coalition’s school readiness
 2534  program plan every 2 years and provide final approval of the
 2535  plan and any amendments submitted.
 2536         (f) Establish a unified approach to the state’s efforts to
 2537  coordinate a comprehensive early learning program. In support of
 2538  this effort, the department office:
 2539         1. Shall adopt specific program support services that
 2540  address the state’s school readiness program, including:
 2541         a. Statewide data information program requirements that
 2542  include:
 2543         (I) Eligibility requirements.
 2544         (II) Financial reports.
 2545         (III) Program accountability measures.
 2546         (IV) Child progress reports.
 2547         b. Child care resource and referral services.
 2548         c. A single point of entry and uniform waiting list.
 2549         2. May provide technical assistance and guidance on
 2550  additional support services to complement the school readiness
 2551  program, including:
 2552         a.Rating and improvement systems.
 2553         a.b. Warm-Line services.
 2554         b.c. Anti-fraud plans.
 2555         d.School readiness program standards.
 2556         e.Child screening and assessments.
 2557         c.f. Training and support for parental involvement in
 2558  children’s early education.
 2559         d.g. Family literacy activities and services.
 2560         (g) Provide technical assistance to early learning
 2561  coalitions.
 2562         (h) In cooperation with the early learning coalitions,
 2563  coordinate with the Child Care Services Program Office of the
 2564  Department of Children and Families to reduce paperwork and to
 2565  avoid duplicating interagency activities, health and safety
 2566  monitoring, and acquiring and composing data pertaining to child
 2567  care training and credentialing.
 2568         (i) Enter into a memorandum of understanding with local
 2569  licensing agencies and the Child Care Services Program Office of
 2570  the Department of Children and Families for inspections of
 2571  school readiness program providers to monitor and verify
 2572  compliance with s. 1002.88 and the health and safety checklist
 2573  adopted by the department office. The provider contract of a
 2574  school readiness program provider that refuses permission for
 2575  entry or inspection shall be terminated. The health and safety
 2576  checklist may not exceed the requirements of s. 402.305 and the
 2577  Child Care and Development Fund pursuant to 45 C.F.R. part 98. A
 2578  child development program that is accredited by a national
 2579  accrediting body and operates on a military installation that is
 2580  certified by the United States Department of Defense is exempted
 2581  from the inspection requirements under s. 1002.88.
 2582         (j) Monitor the alignment and consistency of the Develop
 2583  and adopt standards and benchmarks developed and adopted by the
 2584  department that address the age-appropriate progress of children
 2585  in the development of school readiness skills. The standards for
 2586  children from birth to 5 years of age in the school readiness
 2587  program must be aligned with the performance standards adopted
 2588  for children in the Voluntary Prekindergarten Education Program
 2589  and must address the following domains:
 2590         1. Approaches to learning.
 2591         2. Cognitive development and general knowledge.
 2592         3. Numeracy, language, and communication.
 2593         4. Physical development.
 2594         5. Self-regulation.
 2595         (k) Identify observation-based child assessments that are
 2596  valid, reliable, and developmentally appropriate for use at
 2597  least three times a year. The assessments must:
 2598         1. Provide interval level and norm-referenced criterion
 2599  referenced data that measures equivalent levels of growth across
 2600  the core domains of early childhood development and that can be
 2601  used for determining developmentally appropriate learning gains.
 2602         2. Measure progress in the performance standards adopted
 2603  pursuant to paragraph (j).
 2604         3. Provide for appropriate accommodations for children with
 2605  disabilities and English language learners and be administered
 2606  by qualified individuals, consistent with the developer’s
 2607  instructions.
 2608         4. Coordinate with the performance standards adopted by the
 2609  department under s. 1002.67(1) for the Voluntary Prekindergarten
 2610  Education Program.
 2611         5. Provide data in a format for use in the single statewide
 2612  information system to meet the requirements of paragraph (q)
 2613  (p).
 2614         (l) Adopt a list of approved curricula that meet the
 2615  performance standards for the school readiness program and
 2616  establish a process for the review and approval of a provider’s
 2617  curriculum that meets the performance standards.
 2618         (m) Provide technical support to an early learning
 2619  coalition to facilitate the use of Adopt by rule a standard
 2620  statewide provider contract to be used with each school
 2621  readiness program provider, with standardized attachments by
 2622  provider type. The department office shall publish a copy of the
 2623  standard statewide provider contract on its website. The
 2624  standard statewide contract shall include, at a minimum,
 2625  contracted slots, if applicable, in accordance with the Child
 2626  Care and Development Block Grant Act of 2014, 45 C.F.R. parts 98
 2627  and 99; quality improvement strategies, if applicable; program
 2628  assessment requirements; and provisions for provider probation,
 2629  termination for cause, and emergency termination for those
 2630  actions or inactions of a provider that pose an immediate and
 2631  serious danger to the health, safety, or welfare of the
 2632  children. The standard statewide provider contract shall also
 2633  include appropriate due process procedures. During the pendency
 2634  of an appeal of a termination, the provider may not continue to
 2635  offer its services. Any provision imposed upon a provider that
 2636  is inconsistent with, or prohibited by, law is void and
 2637  unenforceable. Provisions for termination for cause must also
 2638  include failure to meet the minimum quality measures established
 2639  under paragraph (n) for a period of up to 5 years, unless the
 2640  coalition determines that the provider is essential to meeting
 2641  capacity needs based on the assessment under s. 1002.85(2)(j)
 2642  and the provider has an active improvement plan pursuant to
 2643  paragraph (n).
 2644         (n) Adopt a program assessment for school readiness program
 2645  providers that measures the quality of teacher-child
 2646  interactions, including emotional and behavioral support,
 2647  engaged support for learning, classroom organization, and
 2648  instructional support for children ages birth to 5 years. The
 2649  implementation of the program assessment must also include the
 2650  following components adopted by rule of the State Board of
 2651  Education:
 2652         1. Quality measures, including a minimum program assessment
 2653  composite score threshold for contracting purposes and program
 2654  improvement through an improvement plan. The minimum program
 2655  assessment composite score required for the Voluntary
 2656  Prekindergarten Education Program contracting threshold must be
 2657  the same as the minimum program assessment composite score
 2658  required for contracting for the school readiness program. The
 2659  methodology for the calculation of the minimum program
 2660  assessment composite score shall be reviewed by the independent
 2661  expert identified in s. 1002.68(4)(d).
 2662         2. Requirements for program participation, frequency of
 2663  program assessment, and exemptions.
 2664         (o) No later than July 1, 2019, develop a differential
 2665  payment program based on the quality measures adopted by the
 2666  department office under paragraph (n). The differential payment
 2667  may not exceed a total of 15 percent for each care level and
 2668  unit of child care for a child care provider. No more than 5
 2669  percent of the 15 percent total differential may be provided to
 2670  providers who submit valid and reliable data to the statewide
 2671  information system in the domains of language and executive
 2672  functioning using a child assessment identified pursuant to
 2673  paragraph (k). Providers below the minimum program assessment
 2674  score adopted threshold for contracting purposes are ineligible
 2675  for such payment.
 2676         (p)No later than July 1, 2021, develop and adopt
 2677  requirements for the implementation of a program designed to
 2678  make available contracted slots to serve children at the
 2679  greatest risk of school failure as determined by such children
 2680  being located in an area that has been designated as a poverty
 2681  area tract according to the latest census data. The contracted
 2682  slot program may also be used to increase the availability of
 2683  child care capacity based on the assessment under s.
 2684  1002.85(2)(j).
 2685         (q)(p) Establish a single statewide information system that
 2686  each coalition must use for the purposes of managing the single
 2687  point of entry, tracking children’s progress, coordinating
 2688  services among stakeholders, determining eligibility of
 2689  children, tracking child attendance, and streamlining
 2690  administrative processes for providers and early learning
 2691  coalitions. By July 1, 2019, the system, subject to ss. 1002.72
 2692  and 1002.97, shall:
 2693         1. Allow a parent to monitor the development of his or her
 2694  child as the child moves among programs within the state.
 2695         2. Enable analysis at the state, regional, and local level
 2696  to measure child growth over time, program impact, and quality
 2697  improvement and investment decisions.
 2698         (r)(q)Provide technical support to coalitions to
 2699  facilitate the use of Adopt by rule standardized procedures
 2700  adopted in state board rule for early learning coalitions to use
 2701  when monitoring the compliance of school readiness program
 2702  providers with the terms of the standard statewide provider
 2703  contract.
 2704         (s)(r)At least biennially, provide fiscal and programmatic
 2705  monitoring to Monitor and evaluate the performance of each early
 2706  learning coalition in administering the school readiness
 2707  program, ensuring proper payments for school readiness program
 2708  services, implementing the coalition’s school readiness program
 2709  plan, and administering the Voluntary Prekindergarten Education
 2710  Program. These monitoring and performance evaluations must
 2711  include, at a minimum, onsite monitoring of each coalition’s
 2712  finances, management, operations, and programs.
 2713         (t)(s) Work in conjunction with the Bureau of Federal
 2714  Education Programs within the Department of Education to
 2715  coordinate readiness and voluntary prekindergarten services to
 2716  the populations served by the bureau.
 2717         (u)(t) Administer a statewide toll-free Warm-Line to
 2718  provide assistance and consultation to child care facilities and
 2719  family day care homes regarding health, developmental,
 2720  disability, and special needs issues of the children they are
 2721  serving, particularly children with disabilities and other
 2722  special needs. The department office shall:
 2723         1. Annually inform child care facilities and family day
 2724  care homes of the availability of this service through the child
 2725  care resource and referral network under s. 1002.92.
 2726         2. Expand or contract for the expansion of the Warm-Line to
 2727  maintain at least one Warm-Line in each early learning coalition
 2728  service area.
 2729         (v)(u) Develop and implement strategies to increase the
 2730  supply and improve the quality of child care services for
 2731  infants and toddlers, children with disabilities, children who
 2732  receive care during nontraditional hours, children in
 2733  underserved areas, and children in areas that have significant
 2734  concentrations of poverty and unemployment.
 2735         (w)(v) Establish preservice and inservice training
 2736  requirements that address, at a minimum, school readiness child
 2737  development standards, health and safety requirements, and
 2738  social-emotional behavior intervention models, which may include
 2739  positive behavior intervention and support models, including the
 2740  integration of early learning professional development pathways
 2741  established in s. 1002.995.
 2742         (x)(w) Establish standards for emergency preparedness plans
 2743  for school readiness program providers.
 2744         (y)(x) Establish group sizes.
 2745         (z)(y) Establish staff-to-children ratios that do not
 2746  exceed the requirements of s. 402.302(8) or (11) or s.
 2747  402.305(4), as applicable, for school readiness program
 2748  providers.
 2749         (aa)(z) Establish eligibility criteria, including
 2750  limitations based on income and family assets, in accordance
 2751  with s. 1002.87 and federal law.
 2752         (3)(a)The department shall adopt performance standards and
 2753  outcome measures for early learning coalitions which, at a
 2754  minimum, include the development of objective customer service
 2755  surveys that shall be deployed to:
 2756         1.Customers who use the services in s. 1002.92 upon the
 2757  completion of a referral inquiry.
 2758         2.Annually to parents at the time of eligibility
 2759  determination.
 2760         3.Child care providers that participate in the school
 2761  readiness program or the Voluntary Prekindergarten Education
 2762  Program at the time of execution of the statewide provider
 2763  contract.
 2764         4.Board members required under s. 1002.83.
 2765         (b)Results of the survey shall be based on a statistically
 2766  significant sample size and calculated annually for each early
 2767  learning coalition and included in the department’s annual
 2768  report published under subsection (7). Beginning with the 2022
 2769  2023 fiscal year, if an early learning coalition’s customer
 2770  satisfaction survey results are below 60 percent, the coalition
 2771  shall be placed on a 1-year corrective action plan. If, after
 2772  being placed on corrective action, an early learning coalition’s
 2773  customer satisfaction survey results do not improve above the 60
 2774  percent threshold, the department may contract out or merge the
 2775  coalition.
 2776         (4)(3) If the department office determines during the
 2777  review of school readiness program plans, or through monitoring
 2778  and performance evaluations conducted under s. 1002.85, that an
 2779  early learning coalition has not substantially implemented its
 2780  plan, has not substantially met the performance standards and
 2781  outcome measures adopted by the department office, or has not
 2782  effectively administered the school readiness program or
 2783  Voluntary Prekindergarten Education Program, the department
 2784  office may remove the coalition from eligibility to administer
 2785  early learning programs and temporarily contract with a
 2786  qualified entity to continue school readiness program and
 2787  prekindergarten services in the coalition’s county or
 2788  multicounty region until the department office reestablishes or
 2789  merges the coalition and a new school readiness program plan is
 2790  approved in accordance with the rules adopted by the state board
 2791  office.
 2792         (5)The department shall adopt procedures for merging early
 2793  learning coalitions for failure to meet the requirements of
 2794  subsection (3) or subsection (4), including procedures for the
 2795  consolidation of merging coalitions that minimizes duplication
 2796  of programs and services due to the merger, and for the early
 2797  termination of the terms of the coalition members which are
 2798  necessary to accomplish the mergers.
 2799         (6)(4) The department office may request the Governor to
 2800  apply for a waiver to allow a coalition to administer the Head
 2801  Start Program to accomplish the purposes of the school readiness
 2802  program.
 2803         (7)(5) By January 1 of each year, the department office
 2804  shall annually publish on its website a report of its activities
 2805  conducted under this section. The report must include a summary
 2806  of the coalitions’ annual reports, a statewide summary, and the
 2807  following:
 2808         (a) An analysis of early learning activities throughout the
 2809  state, including the school readiness program and the Voluntary
 2810  Prekindergarten Education Program.
 2811         1. The total and average number of children served in the
 2812  school readiness program, enumerated by age, eligibility
 2813  priority category, and coalition, and the total number of
 2814  children served in the Voluntary Prekindergarten Education
 2815  Program.
 2816         2. A summary of expenditures by coalition, by fund source,
 2817  including a breakdown by coalition of the percentage of
 2818  expenditures for administrative activities, quality activities,
 2819  nondirect services, and direct services for children.
 2820         3. A description of the department’s office’s and each
 2821  coalition’s expenditures by fund source for the quality and
 2822  enhancement activities described in s. 1002.89(5)(b) s.
 2823  1002.89(6)(b).
 2824         4. A summary of annual findings and collections related to
 2825  provider fraud and parent fraud.
 2826         5. Data regarding the coalitions’ delivery of early
 2827  learning programs.
 2828         6. The total number of children disenrolled statewide and
 2829  the reason for disenrollment.
 2830         7. The total number of providers by provider type.
 2831         8. The number of school readiness program providers who
 2832  have completed the program assessment required under paragraph
 2833  (2)(n); the number of providers who have not met the minimum
 2834  program assessment composite score threshold for contracting
 2835  established under paragraph (2)(n); and the number of providers
 2836  that have an active improvement plan based on the results of the
 2837  program assessment under paragraph (2)(n).
 2838         9. The total number of provider contracts revoked and the
 2839  reasons for revocation.
 2840         (b) A detailed summary of the analysis compiled using the
 2841  single statewide information system established in subsection
 2842  (2) activities and detailed expenditures related to the Child
 2843  Care Executive Partnership Program.
 2844         (8)(a)(6)(a) Parental choice of child care providers,
 2845  including private and faith-based providers, shall be
 2846  established to the maximum extent practicable in accordance with
 2847  45 C.F.R. s. 98.30.
 2848         (b) As used in this subsection, the term “payment
 2849  certificate” means a child care certificate as defined in 45
 2850  C.F.R. s. 98.2.
 2851         (c) The school readiness program shall, in accordance with
 2852  45 C.F.R. s. 98.30, provide parental choice through a payment
 2853  certificate that provides, to the maximum extent possible,
 2854  flexibility in the school readiness program and payment
 2855  arrangements. The payment certificate must bear the names of the
 2856  beneficiary and the program provider and, when redeemed, must
 2857  bear the signatures of both the beneficiary and an authorized
 2858  representative of the provider.
 2859         (d) If it is determined that a provider has given any cash
 2860  or other consideration to the beneficiary in return for
 2861  receiving a payment certificate, the early learning coalition or
 2862  its fiscal agent shall refer the matter to the Department of
 2863  Financial Services pursuant to s. 414.411 for investigation.
 2864         (9)(7) Participation in the school readiness program does
 2865  not expand the regulatory authority of the state, its officers,
 2866  or an early learning coalition to impose any additional
 2867  regulation on providers beyond those necessary to enforce the
 2868  requirements set forth in this part and part V of this chapter.
 2869         Section 51. Present subsections (5) through (14) of section
 2870  1002.83, Florida Statutes, are redesignated as subsections (6)
 2871  through (15), respectively, a new subsection (5) is added to
 2872  that section, and subsections (1) and (3), paragraphs (e), (f),
 2873  and (m) of subsection (4), and present subsections (5), (11),
 2874  and (13) are amended, to read:
 2875         1002.83 Early learning coalitions.—
 2876         (1) Thirty Thirty-one or fewer early learning coalitions
 2877  are established and shall maintain direct enhancement services
 2878  at the local level and provide access to such services in all 67
 2879  counties. Two or more early learning coalitions may join for
 2880  purposes of planning and implementing a school readiness program
 2881  and the Voluntary Prekindergarten Education Program.
 2882         (3) The Governor shall appoint the chair and two other
 2883  members of each early learning coalition, who must each meet the
 2884  same qualifications of a as private sector business member
 2885  members appointed by the coalition under subsection (6) (5). In
 2886  the absence of a governor-appointed chair, the Commissioner of
 2887  Education may appoint an interim chair from the current early
 2888  learning coalition board membership.
 2889         (4) Each early learning coalition must include the
 2890  following member positions; however, in a multicounty coalition,
 2891  each ex officio member position may be filled by multiple
 2892  nonvoting members but no more than one voting member shall be
 2893  seated per member position. If an early learning coalition has
 2894  more than one member representing the same entity, only one of
 2895  such members may serve as a voting member:
 2896         (e) A children’s services council or juvenile welfare board
 2897  chair or executive director from each county, if applicable.
 2898         (f) A Department of Children and Families child care
 2899  regulation representative or an agency head of a local licensing
 2900  agency as defined in s. 402.302, where applicable.
 2901         (m)A central agency administrator, where applicable.
 2902         (5)If members of the board are found to be
 2903  nonparticipating according to the early learning coalition
 2904  bylaws, the early learning coalition may request an alternate
 2905  designee who meets the same qualifications or membership
 2906  requirements of the nonparticipating member.
 2907         (6)(5)The early learning coalition may appoint additional
 2908  Including the members who appointed by the Governor under
 2909  subsection (3), more than one-third of the members of each early
 2910  learning coalition must be private sector business members,
 2911  either for-profit or nonprofit, who do not have, and none of
 2912  whose relatives as defined in s. 112.3143 has, a substantial
 2913  financial interest in the design or delivery of the Voluntary
 2914  Prekindergarten Education Program created under part V of this
 2915  chapter or the school readiness program. To meet this
 2916  requirement, an early learning coalition must appoint additional
 2917  members. The department office shall establish criteria for
 2918  appointing private sector business members. These criteria must
 2919  include standards for determining whether a member or relative
 2920  has a substantial financial interest in the design or delivery
 2921  of the Voluntary Prekindergarten Education Program or the school
 2922  readiness program.
 2923         (12)(11) Each early learning coalition shall establish
 2924  terms for all appointed members of the coalition. The terms must
 2925  be staggered and must be a uniform length that does not exceed 4
 2926  years per term. Coalition chairs shall be appointed for 4 years
 2927  in conjunction with their membership on the Early Learning
 2928  Advisory Council pursuant to s. 20.052. Appointed members may
 2929  serve a maximum of two consecutive terms. When a vacancy occurs
 2930  in an appointed position, the coalition must advertise the
 2931  vacancy.
 2932         (14)(13) Each early learning coalition shall complete an
 2933  annual evaluation of the early learning coalition’s executive
 2934  director or chief executive officer on forms adopted by the
 2935  department. The annual evaluation must be submitted to the
 2936  commissioner by June 30 of each year use a coordinated
 2937  professional development system that supports the achievement
 2938  and maintenance of core competencies by school readiness program
 2939  teachers in helping children attain the performance standards
 2940  adopted by the office.
 2941         Section 52. Present subsections (7) through (20) of section
 2942  1002.84, Florida Statutes, are redesignated as subsections (8)
 2943  through (21), respectively, a new subsection (7) is added to
 2944  that section, and subsections (1), (2), and (4) and present
 2945  subsections (7), (8), (15), (16), (17), (18), and (20) of that
 2946  section are amended, to read:
 2947         1002.84 Early learning coalitions; school readiness powers
 2948  and duties.—Each early learning coalition shall:
 2949         (1) Administer and implement a local comprehensive program
 2950  of school readiness program services in accordance with this
 2951  part and the rules adopted by the department office, which
 2952  enhances the cognitive, social, and physical development of
 2953  children to achieve the performance standards.
 2954         (2) Establish a uniform waiting list to track eligible
 2955  children waiting for enrollment in the school readiness program
 2956  in accordance with rules adopted by the State Board of Education
 2957  office.
 2958         (4) Establish a regional Warm-Line as directed by the
 2959  department office pursuant to s. 1002.82(2)(u) s. 1002.82(2)(t).
 2960  Regional Warm-Line staff shall provide onsite technical
 2961  assistance, when requested, to assist child care facilities and
 2962  family day care homes with inquiries relating to the strategies,
 2963  curriculum, and environmental adaptations the child care
 2964  facilities and family day care homes may need as they serve
 2965  children with disabilities and other special needs.
 2966         (7)Use a coordinated professional development system that
 2967  supports the achievement and maintenance of core competencies by
 2968  school readiness program teachers in helping children attain the
 2969  performance standards adopted by the department.
 2970         (8)(7) Determine child eligibility pursuant to s. 1002.87
 2971  and provider eligibility pursuant to s. 1002.88. Child
 2972  eligibility must be redetermined annually. A coalition must
 2973  document the reason a child is no longer eligible for the school
 2974  readiness program according to the standard codes prescribed by
 2975  the department office.
 2976         (9)(8) Establish a parent sliding fee scale that provides
 2977  for a parent copayment that is not a barrier to families
 2978  receiving school readiness program services. Providers are
 2979  required to collect the parent’s copayment. A coalition may, on
 2980  a case-by-case basis, waive the copayment for an at-risk child
 2981  or temporarily waive the copayment for a child whose family’s
 2982  income is at or below the federal poverty level or and whose
 2983  family experiences a natural disaster or an event that limits
 2984  the parent’s ability to pay, such as incarceration, placement in
 2985  residential treatment, or becoming homeless, or an emergency
 2986  situation such as a household fire or burglary, or while the
 2987  parent is participating in parenting classes or participating in
 2988  an Early Head Start program or Head Start Program. A parent may
 2989  not transfer school readiness program services to another school
 2990  readiness program provider until the parent has submitted
 2991  documentation from the current school readiness program provider
 2992  to the early learning coalition stating that the parent has
 2993  satisfactorily fulfilled the copayment obligation.
 2994         (16)(15) Monitor school readiness program providers in
 2995  accordance with its plan, or in response to a parental
 2996  complaint, to verify that the standards prescribed in ss.
 2997  1002.82 and 1002.88 are being met using a standard monitoring
 2998  tool adopted by the department office. Providers determined to
 2999  be high-risk by the coalition, as demonstrated by substantial
 3000  findings of violations of federal law or the general or local
 3001  laws of the state, shall be monitored more frequently. Providers
 3002  with 3 consecutive years of compliance may be monitored
 3003  biennially.
 3004         (17)(16) Adopt a payment schedule that encompasses all
 3005  programs funded under this part and part V of this chapter. The
 3006  payment schedule must take into consideration the prevailing
 3007  average market rate, include the projected number of children to
 3008  be served, and be submitted for approval by the department
 3009  office. Informal child care arrangements shall be reimbursed at
 3010  not more than 50 percent of the rate adopted for a family day
 3011  care home.
 3012         (18)(17) Implement an anti-fraud plan addressing the
 3013  detection, reporting, and prevention of overpayments, abuse, and
 3014  fraud relating to the provision of and payment for school
 3015  readiness program and Voluntary Prekindergarten Education
 3016  Program services and submit the plan to the department office
 3017  for approval, as required by s. 1002.91.
 3018         (19)(18) By October 1 of each year, submit an annual report
 3019  to the department office. The report shall conform to the format
 3020  adopted by the department office and must include:
 3021         (a) Segregation of school readiness program funds,
 3022  Voluntary Prekindergarten Education Program funds, Child Care
 3023  Executive Partnership Program funds, and other local revenues
 3024  available to the coalition.
 3025         (b) Details of expenditures by fund source, including total
 3026  expenditures for administrative activities, quality activities,
 3027  nondirect services, and direct services for children.
 3028         (c) The total number of coalition staff and the related
 3029  expenditures for salaries and benefits. For any subcontracts,
 3030  the total number of contracted staff and the related
 3031  expenditures for salaries and benefits must be included.
 3032         (d) The number of children served in the school readiness
 3033  program, by provider type, enumerated by age and eligibility
 3034  priority category, reported as the number of children served
 3035  during the month, the average participation throughout the
 3036  month, and the number of children served during the month.
 3037         (e) The total number of children disenrolled during the
 3038  year and the reasons for disenrollment.
 3039         (f) The total number of providers by provider type.
 3040         (g) A listing of any school readiness program provider, by
 3041  type, whose eligibility to deliver the school readiness program
 3042  is revoked, including a brief description of the state or
 3043  federal violation that resulted in the revocation.
 3044         (h) An evaluation of its direct enhancement services.
 3045         (i) The total number of children served in each provider
 3046  facility.
 3047         (21)(a)(20) To increase transparency and accountability,
 3048  comply with the requirements of this section before contracting
 3049  with one or more of the following persons or business entities
 3050  which employs, has a contractual relationship with, or is owned
 3051  by the following persons:
 3052         1. A member of the coalition appointed pursuant to s.
 3053  1002.83(4);
 3054         2.A board member of any other early learning subrecipient
 3055  entity;
 3056         3.A coalition employee; or
 3057         4. A relative, as defined in s. 112.3143(1)(c), of any
 3058  person listed in subparagraphs 1.-3 a coalition member or of an
 3059  employee of the coalition.
 3060         (b) Such contracts may not be executed without the approval
 3061  of the department office. Such contracts, as well as
 3062  documentation demonstrating adherence to this section by the
 3063  coalition, must be approved by a two-thirds vote of the
 3064  coalition, a quorum having been established; all conflicts of
 3065  interest must be disclosed before the vote; and any member who
 3066  may benefit from the contract, or whose relative may benefit
 3067  from the contract, must abstain from the vote. A contract under
 3068  $25,000 between an early learning coalition and a member of that
 3069  coalition or between a relative, as defined in s.
 3070  112.3143(1)(c), of a coalition member or of an employee of the
 3071  coalition is not required to have the prior approval of the
 3072  department office but must be approved by a two-thirds vote of
 3073  the coalition, a quorum having been established, and must be
 3074  reported to the department office within 30 days after approval.
 3075  If a contract cannot be approved by the department office, a
 3076  review of the decision to disapprove the contract may be
 3077  requested by the early learning coalition or other parties to
 3078  the disapproved contract.
 3079         Section 53. Section 1002.85, Florida Statutes, is amended
 3080  to read:
 3081         1002.85 Early learning coalition plans.—
 3082         (1) The department office shall adopt rules prescribing the
 3083  standardized format and required content of school readiness
 3084  program plans as necessary for a coalition or other qualified
 3085  entity to administer the school readiness program as provided in
 3086  this part.
 3087         (2) Each early learning coalition must biennially submit a
 3088  school readiness program plan to the department office before
 3089  the expenditure of funds. A coalition may not implement its
 3090  school readiness program plan until it receives approval from
 3091  the department office. A coalition may not implement any
 3092  revision to its school readiness program plan until the
 3093  coalition submits the revised plan to and receives approval from
 3094  the department office. If the department office rejects a plan
 3095  or revision, the coalition must continue to operate under its
 3096  previously approved plan. The plan must include, but is not
 3097  limited to:
 3098         (a) The coalition’s operations, including its membership
 3099  and business organization, and the coalition’s articles of
 3100  incorporation and bylaws if the coalition is organized as a
 3101  corporation. If the coalition is not organized as a corporation
 3102  or other business entity, the plan must include the contract
 3103  with a fiscal agent.
 3104         (b) The minimum number of children to be served by care
 3105  level.
 3106         (c) The coalition’s procedures for implementing the
 3107  requirements of this part, including:
 3108         1. Single point of entry.
 3109         2. Uniform waiting list.
 3110         3. Eligibility and enrollment processes and local
 3111  eligibility priorities for children pursuant to s. 1002.87.
 3112         4. Parent access and choice.
 3113         5. Sliding fee scale and policies on applying the waiver or
 3114  reduction of fees in accordance with s. 1002.84(9) s.
 3115  1002.84(8).
 3116         6. Use of preassessments and postassessments, as
 3117  applicable.
 3118         7. Payment rate schedule.
 3119         8. Use of contracted slots, as applicable, based on the
 3120  results of the assessment required under paragraph (j).
 3121         (d) A detailed description of the coalition’s quality
 3122  activities and services, including, but not limited to:
 3123         1. Resource and referral and school-age child care.
 3124         2. Infant and toddler early learning.
 3125         3. Inclusive early learning programs.
 3126         4. Quality improvement strategies that strengthen teaching
 3127  practices and increase child outcomes.
 3128         (e) A detailed budget that outlines estimated expenditures
 3129  for state, federal, and local matching funds at the lowest level
 3130  of detail available by other-cost-accumulator code number; all
 3131  estimated sources of revenue with identifiable descriptions; a
 3132  listing of full-time equivalent positions; contracted
 3133  subcontractor costs with related annual compensation amount or
 3134  hourly rate of compensation; and a capital improvements plan
 3135  outlining existing fixed capital outlay projects and proposed
 3136  capital outlay projects that will begin during the budget year.
 3137         (f) A detailed accounting, in the format prescribed by the
 3138  department office, of all revenues and expenditures during the
 3139  previous state fiscal year. Revenue sources should be
 3140  identifiable, and expenditures should be reported by two three
 3141  categories: state and federal funds and, local matching funds,
 3142  and Child Care Executive Partnership Program funds.
 3143         (g) Updated policies and procedures, including those
 3144  governing procurement, maintenance of tangible personal
 3145  property, maintenance of records, information technology
 3146  security, and disbursement controls.
 3147         (h) A description of the procedures for monitoring school
 3148  readiness program providers, including in response to a parental
 3149  complaint, to determine that the standards prescribed in ss.
 3150  1002.82 and 1002.88 are met using a standard monitoring tool
 3151  adopted by the department office. Providers determined to be
 3152  high risk by the coalition as demonstrated by substantial
 3153  findings of violations of law shall be monitored more
 3154  frequently.
 3155         (i) Documentation that the coalition has solicited and
 3156  considered comments regarding the proposed school readiness
 3157  program plan from the local community.
 3158         (j) An assessment of local priorities within the county or
 3159  multicounty region based on the needs of families and provider
 3160  capacity using available community data.
 3161         (3) The coalition may periodically amend its plan as
 3162  necessary. An amended plan must be submitted to and approved by
 3163  the department office before any expenditures are incurred on
 3164  the new activities proposed in the amendment.
 3165         (4) The department office shall publish a copy of the
 3166  standardized format and required content of school readiness
 3167  program plans on its website.
 3168         (5) The department office shall collect and report data on
 3169  coalition delivery of early learning programs. Elements shall
 3170  include, but are not limited to, measures related to progress
 3171  towards reducing the number of children on the waiting list, the
 3172  percentage of children served by the program as compared to the
 3173  number of administrative staff and overhead, the percentage of
 3174  children served compared to total number of children under the
 3175  age of 5 years below 150 percent of the federal poverty level,
 3176  provider payment processes, fraud intervention, child attendance
 3177  and stability, use of child care resource and referral, and
 3178  kindergarten readiness outcomes for children in the Voluntary
 3179  Prekindergarten Education Program or the school readiness
 3180  program upon entry into kindergarten. The department office
 3181  shall request input from the coalitions and school readiness
 3182  program providers before finalizing the format and data to be
 3183  used. The report shall be implemented beginning July 1, 2014,
 3184  and results of the report must be included in the annual report
 3185  under s. 1002.82.
 3186         Section 54. Paragraphs (a), (b), (c), (e), (f), (m), (n),
 3187  (p), and (q) of subsection (1) and subsection (3) of section
 3188  1002.88, Florida Statutes, are amended, and paragraph (s) is
 3189  added to subsection (1) of that section, to read:
 3190         1002.88 School readiness program provider standards;
 3191  eligibility to deliver the school readiness program.—
 3192         (1) To be eligible to deliver the school readiness program,
 3193  a school readiness program provider must:
 3194         (a) Be a child care facility licensed under s. 402.305, a
 3195  family day care home licensed or registered under s. 402.313, a
 3196  large family child care home licensed under s. 402.3131, a
 3197  public school or nonpublic school exempt from licensure under s.
 3198  402.3025, a faith-based child care provider exempt from
 3199  licensure under s. 402.316, a before-school or after-school
 3200  program described in s. 402.305(1)(c), a child development
 3201  program that is accredited by a national accrediting body and
 3202  operates on a military installation that is certified by the
 3203  United States Department of Defense, or an informal child care
 3204  provider to the extent authorized in the state’s Child Care and
 3205  Development Fund Plan as approved by the United States
 3206  Department of Health and Human Services pursuant to 45 C.F.R. s.
 3207  98.18, or a provider who has been issued a provisional license
 3208  pursuant to s. 402.309. A provider may not deliver the program
 3209  while holding a probation-status license under s. 402.310.
 3210         (b) Provide instruction and activities to enhance the age
 3211  appropriate progress of each child in attaining the child
 3212  development standards adopted by the department office pursuant
 3213  to s. 1002.82(2)(j). A provider should include activities to
 3214  foster brain development in infants and toddlers; provide an
 3215  environment that is rich in language and music and filled with
 3216  objects of various colors, shapes, textures, and sizes to
 3217  stimulate visual, tactile, auditory, and linguistic senses; and
 3218  include 30 minutes of reading to children each day.
 3219         (c) Provide basic health and safety of its premises and
 3220  facilities and compliance with requirements for age-appropriate
 3221  immunizations of children enrolled in the school readiness
 3222  program.
 3223         1. For a provider that is licensed, compliance with s.
 3224  402.305, s. 402.3131, or s. 402.313 and this subsection, as
 3225  verified pursuant to s. 402.311, satisfies this requirement.
 3226         2. For a provider that is a registered family day care home
 3227  or is not subject to licensure or registration by the Department
 3228  of Children and Families, compliance with this subsection, as
 3229  verified pursuant to s. 402.311, satisfies this requirement.
 3230  Upon verification pursuant to s. 402.311, the provider shall
 3231  annually post the health and safety checklist adopted by the
 3232  department office prominently on its premises in plain sight for
 3233  visitors and parents and shall annually submit the checklist to
 3234  its local early learning coalition.
 3235         3.For a child development program that is accredited by a
 3236  national accrediting body and operates on a military
 3237  installation that is certified by the United States Department
 3238  of Defense, the submission and verification of annual
 3239  inspections pursuant to United States Department of Defense
 3240  Instructions 6060.2 and 1402.05 satisfies this requirement.
 3241         (e) Employ child care personnel, as defined in s.
 3242  402.302(3), who have satisfied the screening requirements of
 3243  chapter 402 and fulfilled the training requirements of the
 3244  department office.
 3245         (f) Implement one of the curricula approved by the
 3246  department office that meets the child development standards.
 3247         (m) For a provider that is not an informal provider,
 3248  maintain general liability insurance and provide the coalition
 3249  with written evidence of general liability insurance coverage,
 3250  including coverage for transportation of children if school
 3251  readiness program children are transported by the provider. A
 3252  provider must obtain and retain an insurance policy that
 3253  provides a minimum of $100,000 of coverage per occurrence and a
 3254  minimum of $300,000 general aggregate coverage. The department
 3255  office may authorize lower limits upon request, as appropriate.
 3256  A provider must add the coalition as a named certificateholder
 3257  and as an additional insured. A provider must provide the
 3258  coalition with a minimum of 10 calendar days’ advance written
 3259  notice of cancellation of or changes to coverage. The general
 3260  liability insurance required by this paragraph must remain in
 3261  full force and effect for the entire period of the provider
 3262  contract with the coalition.
 3263         (n) For a provider that is an informal provider, comply
 3264  with the provisions of paragraph (m) or maintain homeowner’s
 3265  liability insurance and, if applicable, a business rider. If an
 3266  informal provider chooses to maintain a homeowner’s policy, the
 3267  provider must obtain and retain a homeowner’s insurance policy
 3268  that provides a minimum of $100,000 of coverage per occurrence
 3269  and a minimum of $300,000 general aggregate coverage. The
 3270  department office may authorize lower limits upon request, as
 3271  appropriate. An informal provider must add the coalition as a
 3272  named certificateholder and as an additional insured. An
 3273  informal provider must provide the coalition with a minimum of
 3274  10 calendar days’ advance written notice of cancellation of or
 3275  changes to coverage. The general liability insurance required by
 3276  this paragraph must remain in full force and effect for the
 3277  entire period of the provider’s contract with the coalition.
 3278         (p) Notwithstanding paragraph (m), for a provider that is a
 3279  state agency or a subdivision thereof, as defined in s.
 3280  768.28(2), agree to notify the coalition of any additional
 3281  liability coverage maintained by the provider in addition to
 3282  that otherwise established under s. 768.28. The provider shall
 3283  indemnify the coalition to the extent permitted by s. 768.28.
 3284  Notwithstanding paragraph (m), for a child development program
 3285  that is accredited by a national accrediting body and operates
 3286  on a military installation that is certified by the United
 3287  States Department of Defense, the provider may demonstrate
 3288  liability coverage by affirming that it is subject to the
 3289  Federal Tort Claims Act, 28 U.S.C. ss. 2671 et seq.
 3290         (q) Execute the standard statewide provider contract
 3291  adopted by the department office.
 3292         (s)Collect all parent copayment fees, unless a waiver has
 3293  been granted under s. 1002.84(8).
 3294         (3) The department office and the coalitions may not:
 3295         (a) Impose any requirement on a child care provider or
 3296  early childhood education provider that does not deliver
 3297  services under the school readiness program or receive state or
 3298  federal funds under this part;
 3299         (b) Impose any requirement on a school readiness program
 3300  provider that exceeds the authority provided under this part or
 3301  part V of this chapter or rules adopted pursuant to this part or
 3302  part V of this chapter; or
 3303         (c) Require a provider to administer a preassessment or
 3304  postassessment.
 3305         Section 55. Present subsections (3) through (7) of section
 3306  1002.89, Florida Statutes, are redesignated as subsections (2)
 3307  through (6), respectively, and present subsections (2), (3), and
 3308  (6) of that section are amended, to read:
 3309         1002.89 School readiness program; funding.—
 3310         (2)The office shall administer school readiness program
 3311  funds and prepare and submit a unified budget request for the
 3312  school readiness program in accordance with chapter 216.
 3313         (2)(3) All instructions to early learning coalitions for
 3314  administering this section shall emanate from the department
 3315  office in accordance with the policies of the Legislature.
 3316         (5)(6) Costs shall be kept to the minimum necessary for the
 3317  efficient and effective administration of the school readiness
 3318  program with the highest priority of expenditure being direct
 3319  services for eligible children. However, no more than 5 percent
 3320  of the funds described in subsection (4) subsection (5) may be
 3321  used for administrative costs and no more than 22 percent of the
 3322  funds described in subsection (4) subsection (5) may be used in
 3323  any fiscal year for any combination of administrative costs,
 3324  quality activities, and nondirect services as follows:
 3325         (a) Administrative costs as described in 45 C.F.R. s.
 3326  98.52, which shall include monitoring providers using the
 3327  standard methodology adopted under s. 1002.82 to improve
 3328  compliance with state and federal regulations and law pursuant
 3329  to the requirements of the statewide provider contract adopted
 3330  under s. 1002.82(2)(m).
 3331         (b) Activities to improve the quality of child care as
 3332  described in 45 C.F.R. s. 98.51, which shall be limited to the
 3333  following:
 3334         1. Developing, establishing, expanding, operating, and
 3335  coordinating resource and referral programs specifically related
 3336  to the provision of comprehensive consumer education to parents
 3337  and the public to promote informed child care choices specified
 3338  in 45 C.F.R. s. 98.33.
 3339         2. Awarding grants and providing financial support to
 3340  school readiness program providers and their staff to assist
 3341  them in meeting applicable state requirements for the program
 3342  assessment required under s. 1002.82(2)(n), child care
 3343  performance standards, implementing developmentally appropriate
 3344  curricula and related classroom resources that support
 3345  curricula, providing literacy supports, and providing continued
 3346  professional development and training. Any grants awarded
 3347  pursuant to this subparagraph shall comply with ss. 215.971 and
 3348  287.058.
 3349         3. Providing training, technical assistance, and financial
 3350  support to school readiness program providers, staff, and
 3351  parents on standards, child screenings, child assessments, child
 3352  development research and best practices, developmentally
 3353  appropriate curricula, character development, teacher-child
 3354  interactions, age-appropriate discipline practices, health and
 3355  safety, nutrition, first aid, cardiopulmonary resuscitation, the
 3356  recognition of communicable diseases, and child abuse detection,
 3357  prevention, and reporting.
 3358         4. Providing, from among the funds provided for the
 3359  activities described in subparagraphs 1.-3., adequate funding
 3360  for infants and toddlers as necessary to meet federal
 3361  requirements related to expenditures for quality activities for
 3362  infant and toddler care.
 3363         5. Improving the monitoring of compliance with, and
 3364  enforcement of, applicable state and local requirements as
 3365  described in and limited by 45 C.F.R. s. 98.40.
 3366         6. Responding to Warm-Line requests by providers and
 3367  parents, including providing developmental and health screenings
 3368  to school readiness program children.
 3369         (c) Nondirect services as described in applicable Office of
 3370  Management and Budget instructions are those services not
 3371  defined as administrative, direct, or quality services that are
 3372  required to administer the school readiness program. Such
 3373  services include, but are not limited to:
 3374         1. Assisting families to complete the required application
 3375  and eligibility documentation.
 3376         2. Determining child and family eligibility.
 3377         3. Recruiting eligible child care providers.
 3378         4. Processing and tracking attendance records.
 3379         5. Developing and maintaining a statewide child care
 3380  information system.
 3381  
 3382  As used in this paragraph, the term “nondirect services” does
 3383  not include payments to school readiness program providers for
 3384  direct services provided to children who are eligible under s.
 3385  1002.87, administrative costs as described in paragraph (a), or
 3386  quality activities as described in paragraph (b).
 3387         Section 56. Subsection (1), paragraph (a) of subsection
 3388  (2), and subsections (4), (5), and (6) of section 1002.895,
 3389  Florida Statutes, are amended to read:
 3390         1002.895 Market rate schedule.—The school readiness program
 3391  market rate schedule shall be implemented as follows:
 3392         (1) The department office shall establish procedures for
 3393  the adoption of a market rate schedule. The schedule must
 3394  include, at a minimum, county-by-county rates:
 3395         (a) The market rate, including the minimum and the maximum
 3396  rates for child care providers that hold a Gold Seal Quality
 3397  Care designation under s. 1002.945 and adhere to its accrediting
 3398  association’s teacher-to-child ratios and group size
 3399  requirements s. 402.281.
 3400         (b) The market rate for child care providers that do not
 3401  hold a Gold Seal Quality Care designation.
 3402         (2) The market rate schedule, at a minimum, must:
 3403         (a) Differentiate rates by type, including, but not limited
 3404  to, a child care provider that holds a Gold Seal Quality Care
 3405  designation under s. 1002.945 and adheres to its accrediting
 3406  association’s teacher-to-child ratios and group size
 3407  requirements s. 402.281, a child care facility licensed under s.
 3408  402.305, a public or nonpublic school exempt from licensure
 3409  under s. 402.3025, a faith-based child care facility exempt from
 3410  licensure under s. 402.316 that does not hold a Gold Seal
 3411  Quality Care designation, a large family child care home
 3412  licensed under s. 402.3131, or a family day care home licensed
 3413  or registered under s. 402.313.
 3414         (4) The market rate schedule shall be considered by an
 3415  early learning coalition in the adoption of a payment schedule.
 3416  The payment schedule must take into consideration the prevailing
 3417  average market rate and, include the projected number of
 3418  children to be served by each county, and be submitted for
 3419  approval by the department office. Informal child care
 3420  arrangements shall be reimbursed at not more than 50 percent of
 3421  the rate adopted for a family day care home.
 3422         (5) The department office may contract with one or more
 3423  qualified entities to administer this section and provide
 3424  support and technical assistance for child care providers.
 3425         (6) The department office may adopt rules for establishing
 3426  procedures for the collection of child care providers’ market
 3427  rate, the calculation of the prevailing average market rate by
 3428  program care level and provider type in a predetermined
 3429  geographic market, and the publication of the market rate
 3430  schedule.
 3431         Section 57. Section 1002.91, Florida Statutes, is amended
 3432  to read:
 3433         1002.91 Investigations of fraud or overpayment; penalties.—
 3434         (1) As used in this subsection, the term “fraud” means an
 3435  intentional deception, omission, or misrepresentation made by a
 3436  person with knowledge that the deception, omission, or
 3437  misrepresentation may result in unauthorized benefit to that
 3438  person or another person, or any aiding and abetting of the
 3439  commission of such an act. The term includes any act that
 3440  constitutes fraud under applicable federal or state law.
 3441         (2) To recover state, federal, and local matching funds,
 3442  the department office shall investigate early learning
 3443  coalitions, recipients, and providers of the school readiness
 3444  program and the Voluntary Prekindergarten Education Program to
 3445  determine possible fraud or overpayment. If by its own
 3446  inquiries, or as a result of a complaint, the department office
 3447  has reason to believe that a person, coalition, or provider has
 3448  engaged in, or is engaging in, a fraudulent act, it shall
 3449  investigate and determine whether any overpayment has occurred
 3450  due to the fraudulent act. During the investigation, the
 3451  department office may examine all records, including electronic
 3452  benefits transfer records, and make inquiry of all persons who
 3453  may have knowledge as to any irregularity incidental to the
 3454  disbursement of public moneys or other items or benefits
 3455  authorizations to recipients.
 3456         (3) Based on the results of the investigation, the
 3457  department office may, in its discretion, refer the
 3458  investigation to the Department of Financial Services for
 3459  criminal investigation or refer the matter to the applicable
 3460  coalition. Any suspected criminal violation identified by the
 3461  department office must be referred to the Department of
 3462  Financial Services for criminal investigation.
 3463         (4) An early learning coalition may suspend or terminate a
 3464  provider from participation in the school readiness program or
 3465  the Voluntary Prekindergarten Education Program when it has
 3466  reasonable cause to believe that the provider has committed
 3467  fraud. The department office shall adopt by rule appropriate due
 3468  process procedures that the early learning coalition shall apply
 3469  in suspending or terminating any provider, including the
 3470  suspension or termination of payment. If suspended, the provider
 3471  shall remain suspended until the completion of any investigation
 3472  by the department office, the Department of Financial Services,
 3473  or any other state or federal agency, and any subsequent
 3474  prosecution or other legal proceeding.
 3475         (5) If a school readiness program provider or a Voluntary
 3476  Prekindergarten Education Program provider, or an owner,
 3477  officer, or director thereof, is convicted of, found guilty of,
 3478  or pleads guilty or nolo contendere to, regardless of
 3479  adjudication, public assistance fraud pursuant to s. 414.39, or
 3480  is acting as the beneficial owner for someone who has been
 3481  convicted of, found guilty of, or pleads guilty or nolo
 3482  contendere to, regardless of adjudication, public assistance
 3483  fraud pursuant to s. 414.39, the early learning coalition shall
 3484  refrain from contracting with, or using the services of, that
 3485  provider for a period of 5 years. In addition, the coalition
 3486  shall refrain from contracting with, or using the services of,
 3487  any provider that shares an officer or director with a provider
 3488  that is convicted of, found guilty of, or pleads guilty or nolo
 3489  contendere to, regardless of adjudication, public assistance
 3490  fraud pursuant to s. 414.39 for a period of 5 years.
 3491         (6) If the investigation is not confidential or otherwise
 3492  exempt from disclosure by law, the results of the investigation
 3493  may be reported by the department office to the appropriate
 3494  legislative committees, the Department of Children and Families,
 3495  and such other persons as the department office deems
 3496  appropriate.
 3497         (7) The early learning coalition may not contract with a
 3498  school readiness program provider or a Voluntary Prekindergarten
 3499  Education Program provider who is on the United States
 3500  Department of Agriculture National Disqualified List. In
 3501  addition, the coalition may not contract with any provider that
 3502  shares an officer or director with a provider that is on the
 3503  United States Department of Agriculture National Disqualified
 3504  List.
 3505         (8) Each early learning coalition shall adopt an anti-fraud
 3506  plan addressing the detection and prevention of overpayments,
 3507  abuse, and fraud relating to the provision of and payment for
 3508  school readiness program and Voluntary Prekindergarten Education
 3509  Program services and submit the plan to the department office
 3510  for approval. The department office shall adopt rules
 3511  establishing criteria for the anti-fraud plan, including
 3512  appropriate due process provisions. The anti-fraud plan must
 3513  include, at a minimum:
 3514         (a) A written description or chart outlining the
 3515  organizational structure of the plan’s personnel who are
 3516  responsible for the investigation and reporting of possible
 3517  overpayment, abuse, or fraud.
 3518         (b) A description of the plan’s procedures for detecting
 3519  and investigating possible acts of fraud, abuse, or overpayment.
 3520         (c) A description of the plan’s procedures for the
 3521  mandatory reporting of possible overpayment, abuse, or fraud to
 3522  the Office of Inspector General within the department office.
 3523         (d) A description of the plan’s program and procedures for
 3524  educating and training personnel on how to detect and prevent
 3525  fraud, abuse, and overpayment.
 3526         (e) A description of the plan’s procedures, including the
 3527  appropriate due process provisions adopted by the department
 3528  office for suspending or terminating from the school readiness
 3529  program or the Voluntary Prekindergarten Education Program a
 3530  recipient or provider who the early learning coalition believes
 3531  has committed fraud.
 3532         (9) A person who commits an act of fraud as defined in this
 3533  section is subject to the penalties provided in s. 414.39(5)(a)
 3534  and (b).
 3535         Section 58. Subsections (1) and (2) and paragraphs (a),
 3536  (c), and (d) of subsection (3) of section 1002.92, Florida
 3537  Statutes, are amended to read:
 3538         1002.92 Child care and early childhood resource and
 3539  referral.—
 3540         (1) As a part of the school readiness program, the
 3541  department office shall establish a statewide child care
 3542  resource and referral network that is unbiased and provides
 3543  referrals to families for child care and information on
 3544  available community resources. Preference shall be given to
 3545  using early learning coalitions as the child care resource and
 3546  referral agencies. If an early learning coalition cannot comply
 3547  with the requirements to offer the resource information
 3548  component or does not want to offer that service, the early
 3549  learning coalition shall select the resource and referral agency
 3550  for its county or multicounty region based upon the procurement
 3551  requirements of s. 1002.84(13) s. 1002.84(12).
 3552         (2) At least one child care resource and referral agency
 3553  must be established in each early learning coalition’s county or
 3554  multicounty region. The department office shall adopt rules
 3555  regarding accessibility of child care resource and referral
 3556  services offered through child care resource and referral
 3557  agencies in each county or multicounty region which include, at
 3558  a minimum, required hours of operation, methods by which parents
 3559  may request services, and child care resource and referral staff
 3560  training requirements.
 3561         (3) Child care resource and referral agencies shall provide
 3562  the following services:
 3563         (a) Identification of existing public and private child
 3564  care and early childhood education services, including child
 3565  care services by public and private employers, and the
 3566  development of an early learning provider performance profile a
 3567  resource file of those services through the single statewide
 3568  information system developed by the department office under s.
 3569  1002.82(2)(q) s. 1002.82(2)(p). These services may include
 3570  family day care, public and private child care programs, the
 3571  Voluntary Prekindergarten Education Program, Head Start, the
 3572  school readiness program, special education programs for
 3573  prekindergarten children with disabilities, services for
 3574  children with developmental disabilities, full-time and part
 3575  time programs, before-school and after-school programs, and
 3576  vacation care programs, parent education, the temporary cash
 3577  assistance program, and related family support services. The
 3578  early learning provider performance profile resource file shall
 3579  include, but not be limited to:
 3580         1. Type of program.
 3581         2. Hours of service.
 3582         3. Ages of children served.
 3583         4. Number of children served.
 3584         5. Program information.
 3585         6. Fees and eligibility for services.
 3586         7. Availability of transportation.
 3587         8.Participation in the Child Care Food Program, if
 3588  applicable.
 3589         9.A link to licensing inspection reports, if applicable.
 3590         10.The components of the Voluntary Prekindergarten
 3591  Education Program performance metric calculated under s.
 3592  1002.68, which must consist of the program assessment composite
 3593  score, the learning gains score, the achievement score, and its
 3594  designations, if applicable.
 3595         11.The school readiness program assessment composite score
 3596  and program assessment care level composite scores delineated by
 3597  infant classroom, toddler classroom, and preschool classroom
 3598  results under s. 1002.82, if applicable.
 3599         12.Gold Seal Quality Care designation under s. 1002.945,
 3600  if applicable.
 3601         13.An indication as to whether the provider implements a
 3602  curriculum approved by the department and the name of the
 3603  curriculum, if applicable.
 3604         14. An indication as to whether the provider participates
 3605  in the school readiness child assessment under s. 1002.82.
 3606         (c) Maintenance of ongoing documentation of requests for
 3607  service tabulated through the internal referral process through
 3608  the single statewide information system. The following
 3609  documentation of requests for service shall be maintained by the
 3610  child care resource and referral network:
 3611         1. Number of calls and contacts to the child care resource
 3612  information and referral network component by type of service
 3613  requested.
 3614         2. Ages of children for whom service was requested.
 3615         3. Time category of child care requests for each child.
 3616         4. Special time category, such as nights, weekends, and
 3617  swing shift.
 3618         5. Reason that the child care is needed.
 3619         6. Customer satisfaction survey data required under s.
 3620  1002.82(3) Name of the employer and primary focus of the
 3621  business for an employer-based child care program.
 3622         (d) Assistance to families that connects them to parent
 3623  education opportunities, the temporary cash assistance program,
 3624  or social services programs that support families with children,
 3625  and related child development support services Provision of
 3626  technical assistance to existing and potential providers of
 3627  child care services. This assistance may include:
 3628         1.Information on initiating new child care services,
 3629  zoning, and program and budget development and assistance in
 3630  finding such information from other sources.
 3631         2.Information and resources which help existing child care
 3632  services providers to maximize their ability to serve children
 3633  and parents in their community.
 3634         3.Information and incentives that may help existing or
 3635  planned child care services offered by public or private
 3636  employers seeking to maximize their ability to serve the
 3637  children of their working parent employees in their community,
 3638  through contractual or other funding arrangements with
 3639  businesses.
 3640         Section 59. Subsection (1) of section 1002.93, Florida
 3641  Statutes, is amended to read:
 3642         1002.93 School readiness program transportation services.—
 3643         (1) The department office may authorize an early learning
 3644  coalition to establish school readiness program transportation
 3645  services for children at risk of abuse or neglect who are
 3646  participating in the school readiness program, pursuant to
 3647  chapter 427. The early learning coalitions may contract for the
 3648  provision of transportation services as required by this
 3649  section.
 3650         Section 60. Section 1002.94, Florida Statutes, is repealed.
 3651         Section 61. Section 1002.95, Florida Statutes, is amended
 3652  to read:
 3653         1002.95 Teacher Education and Compensation Helps (TEACH)
 3654  scholarship program.—
 3655         (1) The department office may contract for the
 3656  administration of the Teacher Education and Compensation Helps
 3657  (TEACH) scholarship program, which provides educational
 3658  scholarships to caregivers and administrators of early childhood
 3659  programs, family day care homes, and large family child care
 3660  homes. The goal of the program is to increase the education and
 3661  training for caregivers, increase the compensation for child
 3662  caregivers who complete the program requirements, and reduce the
 3663  rate of participant turnover in the field of early childhood
 3664  education.
 3665         (2) The State Board of Education office shall adopt rules
 3666  as necessary to administer this section.
 3667         Section 62. Subsections (1) and (3) of section 1002.96,
 3668  Florida Statutes, are amended to read:
 3669         1002.96 Early Head Start collaboration grants.—
 3670         (1) Contingent upon specific appropriation, the department
 3671  office shall establish a program to award collaboration grants
 3672  to assist local agencies in securing Early Head Start programs
 3673  through Early Head Start program federal grants. The
 3674  collaboration grants shall provide the required matching funds
 3675  for public and private nonprofit agencies that have been
 3676  approved for Early Head Start program federal grants.
 3677         (3) The department office may adopt rules as necessary for
 3678  the award of collaboration grants to competing agencies and the
 3679  administration of the collaboration grants program under this
 3680  section.
 3681         Section 63. Subsection (1) and paragraph (g) of subsection
 3682  (3) of section 1002.97, Florida Statutes, are amended to read:
 3683         1002.97 Records of children in the school readiness
 3684  program.—
 3685         (1) The individual records of children enrolled in the
 3686  school readiness program provided under this part, held by an
 3687  early learning coalition or the department office, are
 3688  confidential and exempt from s. 119.07(1) and s. 24(a), Art. I
 3689  of the State Constitution. For purposes of this section, records
 3690  include assessment data, health data, records of teacher
 3691  observations, and personal identifying information.
 3692         (3) School readiness program records may be released to:
 3693         (g) Parties to an interagency agreement among early
 3694  learning coalitions, local governmental agencies, providers of
 3695  the school readiness program, state agencies, and the department
 3696  office for the purpose of implementing the school readiness
 3697  program.
 3698  
 3699  Agencies, organizations, or individuals that receive school
 3700  readiness program records in order to carry out their official
 3701  functions must protect the data in a manner that does not permit
 3702  the personal identification of a child enrolled in a school
 3703  readiness program and his or her parent by persons other than
 3704  those authorized to receive the records.
 3705         Section 64. Subsections (1) and (3) of section 1002.995,
 3706  Florida Statutes, are amended to read:
 3707         1002.995 Early learning professional development standards
 3708  and career pathways.—
 3709         (1) The department office shall:
 3710         (a) Develop early learning professional development
 3711  training and course standards to be utilized for school
 3712  readiness program providers.
 3713         (b) Identify both formal and informal early learning career
 3714  pathways with stackable credentials and certifications that
 3715  allow early childhood teachers to access specialized
 3716  professional development that:
 3717         1. Strengthens knowledge and teaching practices.
 3718         2. Aligns to established professional standards and core
 3719  competencies.
 3720         3. Provides a progression of attainable, competency-based
 3721  stackable credentials and certifications.
 3722         4. Improves outcomes for children to increase kindergarten
 3723  readiness and early grade success.
 3724         (3) The State Board of Education office shall adopt rules
 3725  to administer this section.
 3726         Section 65. Subsection (3) of section 1003.575, Florida
 3727  Statutes, is amended to read:
 3728         1003.575 Assistive technology devices; findings;
 3729  interagency agreements.—Accessibility, utilization, and
 3730  coordination of appropriate assistive technology devices and
 3731  services are essential as a young person with disabilities moves
 3732  from early intervention to preschool, from preschool to school,
 3733  from one school to another, from school to employment or
 3734  independent living, and from school to home and community. If an
 3735  individual education plan team makes a recommendation in
 3736  accordance with State Board of Education rule for a student with
 3737  a disability, as defined in s. 1003.01(3), to receive an
 3738  assistive technology assessment, that assessment must be
 3739  completed within 60 school days after the team’s recommendation.
 3740  To ensure that an assistive technology device issued to a young
 3741  person as part of his or her individualized family support plan,
 3742  individual support plan, individualized plan for employment, or
 3743  individual education plan remains with the individual through
 3744  such transitions, the following agencies shall enter into
 3745  interagency agreements, as appropriate, to ensure the
 3746  transaction of assistive technology devices:
 3747         (3) The Voluntary Prekindergarten Education Program
 3748  administered by the Department of Education and the Office of
 3749  Early Learning.
 3750  
 3751  Interagency agreements entered into pursuant to this section
 3752  shall provide a framework for ensuring that young persons with
 3753  disabilities and their families, educators, and employers are
 3754  informed about the utilization and coordination of assistive
 3755  technology devices and services that may assist in meeting
 3756  transition needs, and shall establish a mechanism by which a
 3757  young person or his or her parent may request that an assistive
 3758  technology device remain with the young person as he or she
 3759  moves through the continuum from home to school to postschool.
 3760         Section 66. Section 1007.01, Florida Statutes, is amended
 3761  to read:
 3762         1007.01 Articulation; legislative intent; purpose; role of
 3763  the State Board of Education and the Board of Governors;
 3764  Articulation Coordinating Committee.—
 3765         (1) It is the intent of the Legislature to facilitate
 3766  articulation and seamless integration of the Early Learning-20
 3767  K-20 education system by building, sustaining, and strengthening
 3768  relationships among Early Learning-20 K-20 public organizations,
 3769  between public and private organizations, and between the
 3770  education system as a whole and Florida’s communities. The
 3771  purpose of building, sustaining, and strengthening these
 3772  relationships is to provide for the efficient and effective
 3773  progression and transfer of students within the education system
 3774  and to allow students to proceed toward their educational
 3775  objectives as rapidly as their circumstances permit. The
 3776  Legislature further intends that articulation policies and
 3777  budget actions be implemented consistently in the practices of
 3778  the Department of Education and postsecondary educational
 3779  institutions and expressed in the collaborative policy efforts
 3780  of the State Board of Education and the Board of Governors.
 3781         (2) To improve and facilitate articulation systemwide, the
 3782  State Board of Education and the Board of Governors shall
 3783  collaboratively establish and adopt policies with input from
 3784  statewide K-20 advisory groups established by the Commissioner
 3785  of Education and the Chancellor of the State University System
 3786  and shall recommend the policies to the Legislature. The
 3787  policies shall relate to:
 3788         (a) The alignment between the exit requirements of one
 3789  education system and the admissions requirements of another
 3790  education system into which students typically transfer.
 3791         (b) The identification of common courses, the level of
 3792  courses, institutional participation in a statewide course
 3793  numbering system, and the transferability of credits among such
 3794  institutions.
 3795         (c) Identification of courses that meet general education
 3796  or common degree program prerequisite requirements at public
 3797  postsecondary educational institutions.
 3798         (d) Dual enrollment course equivalencies.
 3799         (e) Articulation agreements.
 3800         (3) The Commissioner of Education, in consultation with the
 3801  Chancellor of the State University System, shall establish the
 3802  Articulation Coordinating Committee, which shall make
 3803  recommendations related to statewide articulation policies and
 3804  issues regarding access, quality, and reporting of data
 3805  maintained by the educational K-20 data warehouse, established
 3806  pursuant to ss. 1001.10 and 1008.31, to the Higher Education
 3807  Coordination Council, the State Board of Education, and the
 3808  Board of Governors. The committee shall consist of two members
 3809  each representing the State University System, the Florida
 3810  College System, public career and technical education, K-12
 3811  education, and nonpublic postsecondary education and one member
 3812  representing students. The chair shall be elected from the
 3813  membership. The Office of K-20 Articulation shall provide
 3814  administrative support for the committee. The committee shall:
 3815         (a) Monitor the alignment between the exit requirements of
 3816  one education system and the admissions requirements of another
 3817  education system into which students typically transfer and make
 3818  recommendations for improvement.
 3819         (b) Propose guidelines for interinstitutional agreements
 3820  between and among public schools, career and technical education
 3821  centers, Florida College System institutions, state
 3822  universities, and nonpublic postsecondary institutions.
 3823         (c) Annually recommend dual enrollment course and high
 3824  school subject area equivalencies for approval by the State
 3825  Board of Education and the Board of Governors.
 3826         (d) Annually review the statewide articulation agreement
 3827  pursuant to s. 1007.23 and make recommendations for revisions.
 3828         (e) Annually review the statewide course numbering system,
 3829  the levels of courses, and the application of transfer credit
 3830  requirements among public and nonpublic institutions
 3831  participating in the statewide course numbering system and
 3832  identify instances of student transfer and admissions
 3833  difficulties.
 3834         (f) Annually publish a list of courses that meet common
 3835  general education and common degree program prerequisite
 3836  requirements at public postsecondary institutions identified
 3837  pursuant to s. 1007.25.
 3838         (g) Foster timely collection and reporting of statewide
 3839  education data to improve the Early Learning-20 K-20 education
 3840  performance accountability system pursuant to ss. 1001.10 and
 3841  1008.31, including, but not limited to, data quality,
 3842  accessibility, and protection of student records.
 3843         (h) Recommend roles and responsibilities of public
 3844  education entities in interfacing with the single, statewide
 3845  computer-assisted student advising system established pursuant
 3846  to s. 1006.735.
 3847         Section 67. Section 1008.2125, Florida Statutes, is created
 3848  to read:
 3849         1008.2125Coordinated screening and progress monitoring
 3850  program for students in the Voluntary Prekindergarten Education
 3851  Program through grade 3.—
 3852         (1)The primary purpose of the coordinated screening and
 3853  progress monitoring program for students in the Voluntary
 3854  Prekindergarten Education Program through grade 3 is to provide
 3855  information on students’ progress in mastering the appropriate
 3856  grade-level standards and to provide information on their
 3857  progress to parents, teachers, and school and program
 3858  administrators. Data shall be used by Voluntary Prekindergarten
 3859  Education Program providers and school districts to improve
 3860  instruction, by parents and teachers to guide learning
 3861  objectives and provide timely and appropriate supports and
 3862  interventions to students not meeting grade level expectations,
 3863  and by the public to assess the cost benefit of the expenditure
 3864  of taxpayer dollars. The coordinated screening and progress
 3865  monitoring program must:
 3866         (a)Assess the progress of students in the Voluntary
 3867  Prekindergarten Education Program through grade 3 in meeting the
 3868  appropriate expectations in early literacy and math skills and
 3869  in English Language Arts and mathematics, as required by ss.
 3870  1002.67(1)(a) and 1003.41.
 3871         (b)Provide data for accountability of the Voluntary
 3872  Prekindergarten Education Program, as required by s. 1002.68.
 3873         (c)Provide baseline data to the department of each
 3874  student’s readiness for kindergarten, which must be based on
 3875  each kindergarten student’s progress monitoring results within
 3876  the first 30 days of enrollment in accordance with paragraph
 3877  (2)(a). The methodology for determining a student’s readiness
 3878  for kindergarten shall be developed by the same independent
 3879  expert identified in s. 1002.68(4)(d).
 3880         (d)Identify the educational strengths and needs of
 3881  students in the Voluntary Prekindergarten Education Program
 3882  through grade 3.
 3883         (e)Provide teachers with progress monitoring data to
 3884  provide timely interventions and supports pursuant to s.
 3885  1008.25(4).
 3886         (f)Assess how well educational goals and curricular
 3887  standards are met at the provider, school, district, and state
 3888  levels.
 3889         (g)Provide information to aid in the evaluation and
 3890  development of educational programs and policies.
 3891         (2)The Commissioner of Education shall design a statewide,
 3892  standardized coordinated screening and progress monitoring
 3893  program to assess early literacy and mathematics skills and the
 3894  English Language Arts and mathematics standards established in
 3895  ss. 1002.67(1)(a) and 1003.41, respectively. The coordinated
 3896  screening and progress monitoring program must provide interval
 3897  level and norm-referenced data that measures equivalent levels
 3898  of growth; be a developmentally appropriate, valid, and reliable
 3899  direct assessment; be able to capture data on students who may
 3900  be performing below grade or developmental level and which may
 3901  enable the identification of early indicators of dyslexia or
 3902  other developmental delays; accurately measure the core content
 3903  in the applicable grade level standards; document learning gains
 3904  for the achievement of these standards; and provide teachers
 3905  with progress monitoring supports and materials that enhance
 3906  differentiated instruction and parent communication.
 3907  Participation in the coordinated screening and progress
 3908  monitoring program is mandatory for all students in the
 3909  Voluntary Prekindergarten Education Program and enrolled in a
 3910  public school in kindergarten through grade 3. The coordinated
 3911  screening and progress monitoring program shall be implemented
 3912  beginning in the 2021-2022 school year for students in the
 3913  Voluntary Prekindergarten Education Program and kindergarten
 3914  students, as follows:
 3915         (a)The coordinated screening and progress monitoring
 3916  program shall be administered within the first 30 days after
 3917  enrollment, midyear, and within the last 30 days of the program
 3918  or school year, in accordance with the rules adopted by the
 3919  State Board of Education. The state board may adopt alternate
 3920  timeframes to address nontraditional school year calendars or
 3921  summer programs to ensure administration of the coordinated
 3922  screening and progress monitoring program is administered a
 3923  minimum of 3 times within a year or program.
 3924         (b)The results of the coordinated screening and progress
 3925  monitoring program shall be reported to the department, in
 3926  accordance with the rules adopted by the state board, and
 3927  maintained in the department’s educational data warehouse.
 3928         (3)The Commissioner of Education shall:
 3929         (a)Develop a plan, in coordination with the Early Grade
 3930  Success Advisory Committee, for implementing the coordinated
 3931  screening and progress monitoring program in consideration of
 3932  timelines for implementing new early literacy and mathematics
 3933  skills and the English Language Arts and mathematics standards
 3934  established in ss. 1002.67(1)(a) and 1003.41, as appropriate.
 3935         (b)Provide data, reports, and information as requested to
 3936  the Early Grade Success Advisory Committee.
 3937         (4)The Early Grade Success Advisory Committee, a committee
 3938  as defined in s. 20.03, is created within the Department of
 3939  Education to oversee the coordinated screening and progress
 3940  monitoring program and, except as otherwise provided in this
 3941  section, shall operate consistent with s. 20.052.
 3942         (a)The committee shall be responsible for reviewing the
 3943  implementation of, training for, and outcomes from the
 3944  coordinated screening and progress monitoring program to provide
 3945  recommendations to the department that supports grade 3 students
 3946  reading at or above grade level. The committee, at a minimum,
 3947  shall:
 3948         1.Provide recommendations on the implementation of the
 3949  coordinated screening and progress monitoring program, including
 3950  reviewing any procurement solicitation documents and criteria
 3951  before being published.
 3952         2.Develop training plans, and timelines for such training.
 3953         3.Identify appropriate personnel, processes, and
 3954  procedures required for the administration of the coordinated
 3955  screening and progress monitoring program.
 3956         4.Provide input on the methodology for calculating a
 3957  provider’s or school’s performance metric and designations under
 3958  s. 1002.68.
 3959         5.Work with the department’s independent expert under s.
 3960  1002.68(4)(d) to review the methodology for determining a
 3961  child’s kindergarten readiness.
 3962         6.Review data on age-appropriate learning gains by grade
 3963  level that a student would need to attain in order to
 3964  demonstrate proficiency in reading by grade 3.
 3965         7.Continually review anonymized data from the results of
 3966  the coordinated screening and progress monitoring program for
 3967  students in the Voluntary Prekindergarten Education Program
 3968  through grade 3 to help inform recommendations to the department
 3969  that support practices that will enable grade 3 students to read
 3970  at or above grade level.
 3971         (b)The committee shall be composed of 17 members who are
 3972  residents of the state and appointed as follows:
 3973         1.Fifteen members appointed by the Commissioner of
 3974  Education:
 3975         a.One representative from the Department of Education.
 3976         b.One parent of a child who is 4 to 9 years of age.
 3977         c.One representative of an urban school district.
 3978         d.One representative of a rural school district.
 3979         e.One representative of an urban early learning coalition.
 3980         f.One representative of a rural early learning coalition.
 3981         g.One representative of an early learning provider.
 3982         h.One representative of a faith-based early learning
 3983  provider.
 3984         i.One representative who is a kindergarten teacher who has
 3985  at least 5 years of teaching experience.
 3986         j.One representative who is a second grade teacher with at
 3987  least 5 years of teaching experience.
 3988         k.One representative who is a school principal.
 3989         l.Four representatives with subject matter expertise in
 3990  early learning, early grade success, or child assessments. The
 3991  four representatives with subject matter expertise may not be
 3992  direct stakeholders within the early learning or public school
 3993  systems or potential recipients of a contract resulting from the
 3994  committee’s recommendations.
 3995         2.One senator who is appointed by and serves at the
 3996  pleasure of the President of the Senate.
 3997         3.One representative who is appointed by and serves at the
 3998  pleasure of the Speaker of the House of Representatives.
 3999         (5)The committee shall elect a chair and vice chair, one
 4000  of whom must be a member who has subject matter expertise in
 4001  early learning, early grade success, or child assessments, and
 4002  one of whom must be a senator or representative. Members of the
 4003  committee shall serve without compensation, but are entitled to
 4004  reimbursement for per diem and travel expenses pursuant to s.
 4005  112.061.
 4006         (6)The committee must meet at least biennially and may
 4007  meet by teleconference or other electronic means, if possible,
 4008  to reduce costs.
 4009         (7)A majority of the members constitutes a quorum.
 4010         (8)The committee terminates on July 1, 2023.
 4011         Section 68. Present paragraphs (b) and (c) of subsection
 4012  (5) of section 1008.25, Florida Statutes, are redesignated as
 4013  paragraphs (c) and (d), respectively, a new paragraph (b) is
 4014  added to that subsection, and paragraph (b) of subsection (6),
 4015  subsection (7), and paragraph (a) of subsection (8) are amended,
 4016  to read:
 4017         1008.25 Public school student progression; student support;
 4018  reporting requirements.—
 4019         (5) READING DEFICIENCY AND PARENTAL NOTIFICATION.—
 4020         (b)Any Voluntary Prekindergarten Education Program student
 4021  who exhibits a substantial deficiency in early literacy in
 4022  accordance with the standards under s. 1002.67(1)(a) and based
 4023  upon the results of the administration of the final coordinated
 4024  screening and progress monitoring under s. 1008.2125 shall be
 4025  referred to the local school district and may be eligible to
 4026  receive intensive reading interventions before participating in
 4027  kindergarten. Such intensive reading interventions shall be paid
 4028  for using funds from the district’s research-based reading
 4029  instruction allocation in accordance with s. 1011.62(9).
 4030         (6) ELIMINATION OF SOCIAL PROMOTION.—
 4031         (b) The district school board may only exempt students from
 4032  mandatory retention, as provided in paragraph (5)(c) (5)(b), for
 4033  good cause. A student who is promoted to grade 4 with a good
 4034  cause exemption shall be provided intensive reading instruction
 4035  and intervention that include specialized diagnostic information
 4036  and specific reading strategies to meet the needs of each
 4037  student so promoted. The school district shall assist schools
 4038  and teachers with the implementation of explicit, systematic,
 4039  and multisensory reading instruction and intervention strategies
 4040  for students promoted with a good cause exemption which research
 4041  has shown to be successful in improving reading among students
 4042  who have reading difficulties. Good cause exemptions are limited
 4043  to the following:
 4044         1. Limited English proficient students who have had less
 4045  than 2 years of instruction in an English for Speakers of Other
 4046  Languages program based on the initial date of entry into a
 4047  school in the United States.
 4048         2. Students with disabilities whose individual education
 4049  plan indicates that participation in the statewide assessment
 4050  program is not appropriate, consistent with the requirements of
 4051  s. 1008.212.
 4052         3. Students who demonstrate an acceptable level of
 4053  performance on an alternative standardized reading or English
 4054  Language Arts assessment approved by the State Board of
 4055  Education.
 4056         4. A student who demonstrates through a student portfolio
 4057  that he or she is performing at least at Level 2 on the
 4058  statewide, standardized English Language Arts assessment.
 4059         5. Students with disabilities who take the statewide,
 4060  standardized English Language Arts assessment and who have an
 4061  individual education plan or a Section 504 plan that reflects
 4062  that the student has received intensive instruction in reading
 4063  or English Language Arts for more than 2 years but still
 4064  demonstrates a deficiency and was previously retained in
 4065  kindergarten, grade 1, grade 2, or grade 3.
 4066         6. Students who have received intensive reading
 4067  intervention for 2 or more years but still demonstrate a
 4068  deficiency in reading and who were previously retained in
 4069  kindergarten, grade 1, grade 2, or grade 3 for a total of 2
 4070  years. A student may not be retained more than once in grade 3.
 4071         (7) SUCCESSFUL PROGRESSION FOR RETAINED THIRD GRADE
 4072  STUDENTS.—
 4073         (a) Students retained under paragraph (5)(c) (5)(b) must be
 4074  provided intensive interventions in reading to ameliorate the
 4075  student’s specific reading deficiency and prepare the student
 4076  for promotion to the next grade. These interventions must
 4077  include:
 4078         1. Evidence-based, explicit, systematic, and multisensory
 4079  reading instruction in phonemic awareness, phonics, fluency,
 4080  vocabulary, and comprehension and other strategies prescribed by
 4081  the school district.
 4082         2. Participation in the school district’s summer reading
 4083  camp, which must incorporate the instructional and intervention
 4084  strategies under subparagraph 1.
 4085         3. A minimum of 90 minutes of daily, uninterrupted reading
 4086  instruction incorporating the instructional and intervention
 4087  strategies under subparagraph 1. This instruction may include:
 4088         a. Integration of content-rich texts in science and social
 4089  studies within the 90-minute block.
 4090         b. Small group instruction.
 4091         c. Reduced teacher-student ratios.
 4092         d. More frequent progress monitoring.
 4093         e. Tutoring or mentoring.
 4094         f. Transition classes containing 3rd and 4th grade
 4095  students.
 4096         g. Extended school day, week, or year.
 4097         (b) Each school district shall:
 4098         1. Provide written notification to the parent of a student
 4099  who is retained under paragraph (5)(c) (5)(b) that his or her
 4100  child has not met the proficiency level required for promotion
 4101  and the reasons the child is not eligible for a good cause
 4102  exemption as provided in paragraph (6)(b). The notification must
 4103  comply with paragraph (5)(d) (5)(c) and must include a
 4104  description of proposed interventions and supports that will be
 4105  provided to the child to remediate the identified areas of
 4106  reading deficiency.
 4107         2. Implement a policy for the midyear promotion of a
 4108  student retained under paragraph (5)(c) (5)(b) who can
 4109  demonstrate that he or she is a successful and independent
 4110  reader and performing at or above grade level in reading or,
 4111  upon implementation of English Language Arts assessments,
 4112  performing at or above grade level in English Language Arts.
 4113  Tools that school districts may use in reevaluating a student
 4114  retained may include subsequent assessments, alternative
 4115  assessments, and portfolio reviews, in accordance with rules of
 4116  the State Board of Education. Students promoted during the
 4117  school year after November 1 must demonstrate proficiency levels
 4118  in reading equivalent to the level necessary for the beginning
 4119  of grade 4. The rules adopted by the State Board of Education
 4120  must include standards that provide a reasonable expectation
 4121  that the student’s progress is sufficient to master appropriate
 4122  grade 4 level reading skills.
 4123         3. Provide students who are retained under paragraph (5)(c)
 4124  (5)(b), including students participating in the school
 4125  district’s summer reading camp under subparagraph (a)2., with a
 4126  highly effective teacher as determined by the teacher’s
 4127  performance evaluation under s. 1012.34, and, beginning July 1,
 4128  2020, the teacher must also be certified or endorsed in reading.
 4129         4. Establish at each school, when applicable, an intensive
 4130  reading acceleration course for any student retained in grade 3
 4131  who was previously retained in kindergarten, grade 1, or grade
 4132  2. The intensive reading acceleration course must provide the
 4133  following:
 4134         a. Uninterrupted reading instruction for the majority of
 4135  student contact time each day and opportunities to master the
 4136  grade 4 Next Generation Sunshine State Standards in other core
 4137  subject areas through content-rich texts.
 4138         b. Small group instruction.
 4139         c. Reduced teacher-student ratios.
 4140         d. The use of explicit, systematic, and multisensory
 4141  reading interventions, including intensive language, phonics,
 4142  and vocabulary instruction, and use of a speech-language
 4143  therapist if necessary, that have proven results in accelerating
 4144  student reading achievement within the same school year.
 4145         e. A read-at-home plan.
 4146         (8) ANNUAL REPORT.—
 4147         (a) In addition to the requirements in paragraph (5)(c)
 4148  (5)(b), each district school board must annually report to the
 4149  parent of each student the progress of the student toward
 4150  achieving state and district expectations for proficiency in
 4151  English Language Arts, science, social studies, and mathematics.
 4152  The district school board must report to the parent the
 4153  student’s results on each statewide, standardized assessment.
 4154  The evaluation of each student’s progress must be based upon the
 4155  student’s classroom work, observations, tests, district and
 4156  state assessments, response to intensive interventions provided
 4157  under paragraph (5)(a), and other relevant information. Progress
 4158  reporting must be provided to the parent in writing in a format
 4159  adopted by the district school board.
 4160         Section 69. Section 1008.31, Florida Statutes, is amended
 4161  to read:
 4162         1008.31 Florida’s Early Learning-20 K-20 education
 4163  performance accountability system; legislative intent; mission,
 4164  goals, and systemwide measures; data quality improvements.—
 4165         (1) LEGISLATIVE INTENT.—It is the intent of the Legislature
 4166  that:
 4167         (a) The performance accountability system implemented to
 4168  assess the effectiveness of Florida’s seamless Early Learning-20
 4169  K-20 education delivery system provide answers to the following
 4170  questions in relation to its mission and goals:
 4171         1. What is the public receiving in return for funds it
 4172  invests in education?
 4173         2. How effectively is Florida’s Early Learning-20 K-20
 4174  education system educating its students?
 4175         3. How effectively are the major delivery sectors promoting
 4176  student achievement?
 4177         4. How are individual schools and postsecondary education
 4178  institutions performing their responsibility to educate their
 4179  students as measured by how students are performing and how much
 4180  they are learning?
 4181         (b) The Early Learning-20 K-20 education performance
 4182  accountability system be established as a single, unified
 4183  accountability system with multiple components, including, but
 4184  not limited to, student performance in public schools and school
 4185  and district grades.
 4186         (c) The K-20 education performance accountability system
 4187  comply with the requirements of the “No Child Left Behind Act of
 4188  2001,” Pub. L. No. 107-110, and the Individuals with
 4189  Disabilities Education Act (IDEA).
 4190         (d)The early learning accountability system comply with
 4191  the requirements of part V and part VI of chapter 1002 and the
 4192  requirements of the Child Care and Development Block Grant Trust
 4193  Fund, pursuant to 45 C.F.R. parts 98 and 99.
 4194         (e)(d) The State Board of Education and the Board of
 4195  Governors of the State University System recommend to the
 4196  Legislature systemwide performance standards; the Legislature
 4197  establish systemwide performance measures and standards; and the
 4198  systemwide measures and standards provide Floridians with
 4199  information on what the public is receiving in return for the
 4200  funds it invests in education and how well the Early Learning-20
 4201  K-20 system educates its students.
 4202         (f)1.(e)1. The State Board of Education establish
 4203  performance measures and set performance standards for
 4204  individual public schools and Florida College System
 4205  institutions, with measures and standards based primarily on
 4206  student achievement.
 4207         2. The Board of Governors of the State University System
 4208  establish performance measures and set performance standards for
 4209  individual state universities, including actual completion
 4210  rates.
 4211         (2) MISSION, GOALS, AND SYSTEMWIDE MEASURES.—
 4212         (a) The mission of Florida’s Early Learning-20 K-20
 4213  education system shall be to increase the proficiency of all
 4214  students within one seamless, efficient system, by allowing them
 4215  the opportunity to expand their knowledge and skills through
 4216  learning opportunities and research valued by students, parents,
 4217  and communities.
 4218         (b) The process for establishing state and sector-specific
 4219  standards and measures must be:
 4220         1. Focused on student success.
 4221         2. Addressable through policy and program changes.
 4222         3. Efficient and of high quality.
 4223         4. Measurable over time.
 4224         5. Simple to explain and display to the public.
 4225         6. Aligned with other measures and other sectors to support
 4226  a coordinated Early Learning-20 K-20 education system.
 4227         (c) The Department of Education shall maintain an
 4228  accountability system that measures student progress toward the
 4229  following goals:
 4230         1. Highest student achievement, as indicated by evidence of
 4231  student learning gains at all levels.
 4232         2. Seamless articulation and maximum access, as measured by
 4233  evidence of progression, readiness, and access by targeted
 4234  groups of students identified by the Commissioner of Education.
 4235         3. Skilled workforce and economic development, as measured
 4236  by evidence of employment and earnings.
 4237         4. Quality efficient services, as measured by evidence of
 4238  return on investment.
 4239         5. Other goals as identified by law or rule.
 4240         (3) K-20 EDUCATION DATA QUALITY IMPROVEMENTS.—To provide
 4241  data required to implement education performance accountability
 4242  measures in state and federal law, the Commissioner of Education
 4243  shall initiate and maintain strategies to improve data quality
 4244  and timeliness. The Board of Governors shall make available to
 4245  the department all data within the State University Database
 4246  System to be integrated into the educational K-20 data
 4247  warehouse. The commissioner shall have unlimited access to such
 4248  data for the purposes of conducting studies, reporting annual
 4249  and longitudinal student outcomes, and improving college
 4250  readiness and articulation. All public educational institutions
 4251  shall annually provide data from the prior year to the
 4252  educational K-20 data warehouse in a format based on data
 4253  elements identified by the commissioner.
 4254         (a) School districts and public postsecondary educational
 4255  institutions shall maintain information systems that will
 4256  provide the State Board of Education, the Board of Governors of
 4257  the State University System, and the Legislature with
 4258  information and reports necessary to address the specifications
 4259  of the accountability system. The level of comprehensiveness and
 4260  quality must be no less than that which was available as of June
 4261  30, 2001.
 4262         (b) Colleges and universities eligible to participate in
 4263  the William L. Boyd, IV, Effective Access to Student Education
 4264  Grant Program shall annually report student-level data from the
 4265  prior year for each student who receives state funds in a format
 4266  prescribed by the Department of Education. At a minimum, data
 4267  from the prior year must include retention rates, transfer
 4268  rates, completion rates, graduation rates, employment and
 4269  placement rates, and earnings of graduates. By October 1 of each
 4270  year, the colleges and universities described in this paragraph
 4271  shall report the data to the department.
 4272         (c) The Commissioner of Education shall determine the
 4273  standards for the required data, monitor data quality, and
 4274  measure improvements. The commissioner shall report annually to
 4275  the State Board of Education, the Board of Governors of the
 4276  State University System, the President of the Senate, and the
 4277  Speaker of the House of Representatives data quality indicators
 4278  and ratings for all school districts and public postsecondary
 4279  educational institutions.
 4280         (d) Before establishing any new reporting or data
 4281  collection requirements, the commissioner shall use existing
 4282  data being collected to reduce duplication and minimize
 4283  paperwork.
 4284         (4) RULES.—The State Board of Education shall adopt rules
 4285  pursuant to ss. 120.536(1) and 120.54 to implement the
 4286  provisions of this section relating to the educational K-20 data
 4287  warehouse.
 4288         Section 70. Section 1008.32, Florida Statutes, is amended
 4289  to read:
 4290         1008.32 State Board of Education oversight enforcement
 4291  authority.—The State Board of Education shall oversee the
 4292  performance of early learning coalitions, district school
 4293  boards, and Florida College System institution boards of
 4294  trustees in enforcement of all laws and rules. District school
 4295  boards and Florida College System institution boards of trustees
 4296  shall be primarily responsible for compliance with law and state
 4297  board rule.
 4298         (1) In order to ensure compliance with law or state board
 4299  rule, the State Board of Education shall have the authority to
 4300  request and receive information, data, and reports from early
 4301  learning coalitions, school districts, and Florida College
 4302  System institutions. Early Learning Coalition chief executive
 4303  officers or executive directors, district school
 4304  superintendents, and Florida College System institution
 4305  presidents are responsible for the accuracy of the information
 4306  and data reported to the state board.
 4307         (2)(a) The Commissioner of Education may investigate
 4308  allegations of noncompliance with law or state board rule and
 4309  determine probable cause. The commissioner shall report
 4310  determinations of probable cause to the State Board of Education
 4311  which shall require the early learning coalition, district
 4312  school board, or Florida College System institution board of
 4313  trustees to document compliance with law or state board rule.
 4314         (b) The Commissioner of Education shall report to the State
 4315  Board of Education any findings by the Auditor General that an
 4316  early learning coalition, a district school board, or a Florida
 4317  College System institution is acting without statutory authority
 4318  or contrary to general law. The State Board of Education shall
 4319  require the early learning coalition, district school board, or
 4320  Florida College System institution board of trustees to document
 4321  compliance with such law.
 4322         (3) If the early learning coalition, district school board,
 4323  or Florida College System institution board of trustees cannot
 4324  satisfactorily document compliance, the State Board of Education
 4325  may order compliance within a specified timeframe.
 4326         (4) If the State Board of Education determines that an
 4327  early learning coalition, a district school board, or a Florida
 4328  College System institution board of trustees is unwilling or
 4329  unable to comply with law or state board rule within the
 4330  specified time, the state board shall have the authority to
 4331  initiate any of the following actions:
 4332         (a) Report to the Legislature that the early learning
 4333  coalition, school district, or Florida College System
 4334  institution is unwilling or unable to comply with law or state
 4335  board rule and recommend action to be taken by the Legislature.
 4336         (b) Withhold the transfer of state funds, discretionary
 4337  grant funds, discretionary lottery funds, or any other funds
 4338  specified as eligible for this purpose by the Legislature until
 4339  the early learning coalition, school district, or Florida
 4340  College System institution complies with the law or state board
 4341  rule.
 4342         (c) Declare the early learning coalition, school district,
 4343  or Florida College System institution ineligible for competitive
 4344  grants.
 4345         (d) Require monthly or periodic reporting on the situation
 4346  related to noncompliance until it is remedied.
 4347         (5) Nothing in this section shall be construed to create a
 4348  private cause of action or create any rights for individuals or
 4349  entities in addition to those provided elsewhere in law or rule.
 4350         Section 71. Paragraph (a) of subsection (3) of section
 4351  1008.33, Florida Statutes, is amended to read:
 4352         1008.33 Authority to enforce public school improvement.—
 4353         (3)(a) The academic performance of all students has a
 4354  significant effect on the state school system. Pursuant to Art.
 4355  IX of the State Constitution, which prescribes the duty of the
 4356  State Board of Education to supervise Florida’s public school
 4357  system, the state board shall equitably enforce the
 4358  accountability requirements of the state school system and may
 4359  impose state requirements on school districts in order to
 4360  improve the academic performance of all districts, schools, and
 4361  students based upon the provisions of the Florida Early
 4362  Learning-20 K-20 Education Code, chapters 1000-1013; the federal
 4363  ESEA and its implementing regulations; and the ESEA flexibility
 4364  waiver approved for Florida by the United States Secretary of
 4365  Education.
 4366         Section 72. Subsection (9) of section 1011.62, Florida
 4367  Statutes, is amended to read:
 4368         1011.62 Funds for operation of schools.—If the annual
 4369  allocation from the Florida Education Finance Program to each
 4370  district for operation of schools is not determined in the
 4371  annual appropriations act or the substantive bill implementing
 4372  the annual appropriations act, it shall be determined as
 4373  follows:
 4374         (9) RESEARCH-BASED READING INSTRUCTION ALLOCATION.—
 4375         (a) The research-based reading instruction allocation is
 4376  created to provide comprehensive reading instruction to students
 4377  in kindergarten through grade 12, including certain students who
 4378  exhibit a substantial deficiency in early literacy and completed
 4379  the Voluntary Prekindergarten Education Program pursuant to s.
 4380  1008.25(5)(b). Each school district that has one or more of the
 4381  300 lowest-performing elementary schools based on a 3-year
 4382  average of the state reading assessment data must use the
 4383  school’s portion of the allocation to provide an additional hour
 4384  per day of intensive reading instruction for the students in
 4385  each school. The additional hour may be provided within the
 4386  school day. Students enrolled in these schools who earned a
 4387  level 4 or level 5 score on the statewide, standardized English
 4388  Language Arts assessment for the previous school year may
 4389  participate in the additional hour of instruction. Exceptional
 4390  student education centers may not be included in the 300
 4391  schools. The intensive reading instruction delivered in this
 4392  additional hour shall include: research-based reading
 4393  instruction that has been proven to accelerate progress of
 4394  students exhibiting a reading deficiency; differentiated
 4395  instruction based on screening, diagnostic, progress monitoring,
 4396  or student assessment data to meet students’ specific reading
 4397  needs; explicit and systematic reading strategies to develop
 4398  phonemic awareness, phonics, fluency, vocabulary, and
 4399  comprehension, with more extensive opportunities for guided
 4400  practice, error correction, and feedback; and the integration of
 4401  social studies, science, and mathematics-text reading, text
 4402  discussion, and writing in response to reading.
 4403         (b) Funds for comprehensive, research-based reading
 4404  instruction shall be allocated annually to each school district
 4405  in the amount provided in the General Appropriations Act. Each
 4406  eligible school district shall receive the same minimum amount
 4407  as specified in the General Appropriations Act, and any
 4408  remaining funds shall be distributed to eligible school
 4409  districts based on each school district’s proportionate share of
 4410  K-12 base funding.
 4411         (c) Funds allocated under this subsection must be used to
 4412  provide a system of comprehensive reading instruction to
 4413  students enrolled in the K-12 programs and certain students who
 4414  exhibit a substantial deficiency in early literacy and completed
 4415  the Voluntary Prekindergarten Education Program pursuant to s.
 4416  1008.25(5)(b), which may include the following:
 4417         1. An additional hour per day of evidence-based intensive
 4418  reading instruction to students in the 300 lowest-performing
 4419  elementary schools by teachers and reading specialists who have
 4420  demonstrated effectiveness in teaching reading as required in
 4421  paragraph (a).
 4422         2. Kindergarten through grade 5 evidence-based reading
 4423  intervention teachers to provide intensive reading interventions
 4424  provided by reading intervention teachers intervention during
 4425  the school day and in the required extra hour for students
 4426  identified as having a reading deficiency.
 4427         3. Highly qualified reading coaches to specifically support
 4428  teachers in making instructional decisions based on student
 4429  data, and improve teacher delivery of effective reading
 4430  instruction, intervention, and reading in the content areas
 4431  based on student need.
 4432         4. Professional development for school district teachers in
 4433  scientifically based reading instruction, including strategies
 4434  to teach reading in content areas and with an emphasis on
 4435  technical and informational text, to help school district
 4436  teachers earn a certification or an endorsement in reading.
 4437         5. Summer reading camps, using only teachers or other
 4438  district personnel who are certified or endorsed in reading
 4439  consistent with s. 1008.25(7)(b)3., for all students in
 4440  kindergarten through grade 2 who demonstrate a reading
 4441  deficiency as determined by district and state assessments, and
 4442  students in grades 3 through 5 who score at Level 1 on the
 4443  statewide, standardized English Language Arts assessment, and
 4444  certain students who exhibit a substantial deficiency in early
 4445  literacy and completed the Voluntary Prekindergarten Education
 4446  Program pursuant to s. 1008.25(5)(b).
 4447         6. Scientifically researched and evidence-based
 4448  supplemental instructional materials that are grounded in
 4449  scientifically based reading research as identified by the Just
 4450  Read, Florida! Office pursuant to s. 1001.215(8).
 4451         7. Evidence-based intensive interventions for students in
 4452  kindergarten through grade 12 who have been identified as having
 4453  a reading deficiency or who are reading below grade level as
 4454  determined by the statewide, standardized English Language Arts
 4455  assessment or for certain students who exhibit a substantial
 4456  deficiency in early literacy and completed the Voluntary
 4457  Prekindergarten Education Program pursuant to s. 1008.25(5)(b).
 4458         (d)1. Annually, by a date determined by the Department of
 4459  Education but before May 1, school districts shall submit a K-12
 4460  comprehensive reading plan for the specific use of the research
 4461  based reading instruction allocation in the format prescribed by
 4462  the department for review and approval by the Just Read,
 4463  Florida! Office created pursuant to s. 1001.215. The plan
 4464  annually submitted by school districts shall be deemed approved
 4465  unless the department rejects the plan on or before June 1. If a
 4466  school district and the Just Read, Florida! Office cannot reach
 4467  agreement on the contents of the plan, the school district may
 4468  appeal to the State Board of Education for resolution. School
 4469  districts shall be allowed reasonable flexibility in designing
 4470  their plans and shall be encouraged to offer reading
 4471  intervention through innovative methods, including career
 4472  academies. The plan format shall be developed with input from
 4473  school district personnel, including teachers and principals,
 4474  and shall provide for intensive reading interventions through
 4475  integrated curricula, provided that, beginning with the 2020
 4476  2021 school year, the interventions are delivered by a teacher
 4477  who is certified or endorsed in reading. Such interventions must
 4478  incorporate evidence-based strategies identified by the Just
 4479  Read, Florida! Office pursuant to s. 1001.215(8). No later than
 4480  July 1 annually, the department shall release the school
 4481  district’s allocation of appropriated funds to those districts
 4482  having approved plans. A school district that spends 100 percent
 4483  of this allocation on its approved plan shall be deemed to have
 4484  been in compliance with the plan. The department may withhold
 4485  funds upon a determination that reading instruction allocation
 4486  funds are not being used to implement the approved plan. The
 4487  department shall monitor and track the implementation of each
 4488  district plan, including conducting site visits and collecting
 4489  specific data on expenditures and reading improvement results.
 4490  By February 1 of each year, the department shall report its
 4491  findings to the Legislature.
 4492         2. Each school district that has a school designated as one
 4493  of the 300 lowest-performing elementary schools as specified in
 4494  paragraph (a) shall specifically delineate in the comprehensive
 4495  reading plan, or in an addendum to the comprehensive reading
 4496  plan, the implementation design and reading intervention
 4497  strategies that will be used for the required additional hour of
 4498  reading instruction. The term “reading intervention” includes
 4499  evidence-based strategies frequently used to remediate reading
 4500  deficiencies and also includes individual instruction, tutoring,
 4501  mentoring, or the use of technology that targets specific
 4502  reading skills and abilities.
 4503  
 4504  For purposes of this subsection, the term “evidence-based” means
 4505  demonstrating a statistically significant effect on improving
 4506  student outcomes or other relevant outcomes.
 4507         Section 73. This act shall take effect upon becoming a law