Florida Senate - 2021                             CS for SB 1282
       
       
        
       By the Committee on Appropriations; and Senator Harrell
       
       
       
       
       
       576-04674-21                                          20211282c1
    1                        A bill to be entitled                      
    2         An act relating to early learning and early grade
    3         success; amending s. 39.604, F.S.; revising approved
    4         child care or early education settings for the
    5         placement of certain children; conforming a cross
    6         reference; amending ss. 212.08 and 402.26, F.S.;
    7         conforming provisions and cross-references to changes
    8         made by the act; providing for a type two transfer of
    9         the Gold Seal Quality Care program in the Department
   10         of Children and Families to the Office of Early
   11         Learning; providing for the continuation of certain
   12         contracts and interagency agreements; amending ss.
   13         402.315 and 1001.213, F.S.; conforming cross
   14         references; amending ss. 1001.215 and 1001.23, F.S.;
   15         conforming provisions to changes made by the act;
   16         amending s. 1002.32, F.S.; conforming cross
   17         references; amending s. 1002.53, F.S.; revising the
   18         requirements for certain program provider profiles;
   19         requiring each parent who enrolls his or her child in
   20         the Voluntary Prekindergarten Education Program to
   21         allow his or her child to participate in a specified
   22         screening and progress monitoring program; amending s.
   23         1002.55, F.S.; authorizing certain child development
   24         programs operating on a military installation to be
   25         private prekindergarten providers within the Voluntary
   26         Prekindergarten Education Program; providing that a
   27         private prekindergarten provider is ineligible for
   28         participation in the program under certain
   29         circumstances; revising requirements for
   30         prekindergarten instructors; revising requirements for
   31         specified courses for prekindergarten instructors;
   32         providing that a private school administrator who
   33         holds a specified certificate meets certain credential
   34         requirements; providing liability insurance
   35         requirements for child development programs operating
   36         on a military installation participating in the
   37         program; requiring early learning coalitions to verify
   38         private prekindergarten provider compliance with
   39         specified provisions; requiring such coalitions to
   40         remove a provider’s eligibility under specified
   41         circumstances; conforming provisions to changes made
   42         by the act; amending s. 1002.57, F.S.; revising the
   43         minimum standards for a credential for certain
   44         prekindergarten directors; amending s. 1002.59, F.S.;
   45         revising requirements for emergent literacy and
   46         performance standards training courses for
   47         prekindergarten instructors; requiring the department
   48         to make certain courses available online; amending s.
   49         1002.61, F.S.; authorizing certain child development
   50         programs operating on a military installation to be
   51         private prekindergarten providers within the summer
   52         Voluntary Prekindergarten Education Program;
   53         conforming a provision to changes made by the act;
   54         revising the criteria for a teacher to receive
   55         priority for the summer program in a school district;
   56         requiring a child development program operating on a
   57         military installation to comply with specified
   58         criteria; requiring early learning coalitions to
   59         verify specified information; providing for the
   60         removal of a program provider or public school from
   61         eligibility under certain circumstances; amending s.
   62         1002.63, F.S.; conforming a provision to changes made
   63         by the act; requiring early learning coalitions to
   64         verify specified information; providing for the
   65         removal of public schools from the program under
   66         certain circumstances; amending s. 1002.67, F.S.;
   67         revising the performance standards for the Voluntary
   68         Prekindergarten Education Program; requiring the
   69         department to review and revise performance standards
   70         on a specified schedule; revising curriculum
   71         requirements for the program; conforming a provision
   72         to changes made by the act; requiring the office to
   73         adopt procedures for the review and approval of
   74         curricula for the program; deleting a required
   75         preassessment and postassessment for the program;
   76         creating s. 1002.68, F.S.; requiring providers of the
   77         Voluntary Prekindergarten Education Program to
   78         participate in a specified screening and progress
   79         monitoring program; providing specified uses for the
   80         results of such program; requiring certain portions of
   81         the screening and progress monitoring program to be
   82         administered by individuals who meet specified
   83         criteria; requiring the results of the screening and
   84         monitoring to be reported to the parents of
   85         participating students; requiring providers to
   86         participate in a program assessment; providing
   87         requirements for such assessments; providing office
   88         duties and responsibilities relating to such
   89         assessments; requiring the office to calculate a
   90         kindergarten readiness rate for private and public
   91         providers during a certain program year; providing the
   92         criteria for the calculation; requiring the department
   93         to require that each school district administer
   94         certain screens for a specified school year;
   95         authorizing private schools to administer the
   96         screening; specifying the means for determining
   97         learning gains; prohibiting a providing from being
   98         placed on probationary status; providing an exception;
   99         authorizing a provider to be removed from probationary
  100         status under certain circumstances; prohibiting
  101         kindergarten screening results from being used in the
  102         calculation of readiness rates; requiring the office
  103         to adopt a methodology for calculating certain
  104         performance metrics; providing criteria for the
  105         methodology; requiring the office to provide for a
  106         differential payment to a private prekindergarten
  107         provider and public school based on the provider’s
  108         designation, subject to appropriation; requiring the
  109         office to adopt procedures; providing criteria for the
  110         procedures; requiring designations to be displayed in
  111         certain profiles; providing procedures for a provider
  112         whose score or designation falls below the minimum
  113         requirement; providing for the revocation of program
  114         eligibility for a provider; authorizing the department
  115         to grant good cause exemptions to providers under
  116         certain circumstances; providing office and provider
  117         requirements for such exemptions; requiring an annual
  118         meeting of representatives from specified entities to
  119         develop certain strategies; repealing s. 1002.69,
  120         F.S., relating to statewide kindergarten screening and
  121         readiness rates; amending s. 1002.73, F.S.; requiring
  122         the office to adopt a statewide provider contract;
  123         requiring such contract to be published on the
  124         office’s website; providing requirements for such
  125         contract; prohibiting providers from offering services
  126         during an appeal of termination from the program;
  127         providing applicability; requiring the office to adopt
  128         specified procedures relating to the Voluntary
  129         Prekindergarten Education Program; providing duties of
  130         the office relating to such program; repealing s.
  131         1002.75, F.S., relating to the powers and duties of
  132         the Office of Early Learning; amending 1002.81, F.S.;
  133         conforming provisions and cross-references to changes
  134         made by the act; amending s. 1002.82, F.S.; providing
  135         duties of the office relating to early learning;
  136         authorizing an alternative model for the calculation
  137         of prevailing market rate; exempting certain child
  138         development programs operating on a military
  139         installation from specified inspection requirements;
  140         requiring the office to monitor specified standards
  141         and benchmarks for certain purposes; revising the age
  142         range used for specified standards; requiring the
  143         office to provide specified technical support;
  144         revising requirements for a specified assessment
  145         program; requiring the office to adopt requirements to
  146         make certain contracted slots available to serve
  147         specified populations; requiring the office to adopt
  148         certain standards and outcome measures including
  149         specified surveys; requiring the office to adopt
  150         procedures for the merging of early learning
  151         coalitions; revising the requirements for a specified
  152         report; amending s. 1002.83, F.S.; revising the number
  153         of authorized early learning coalitions; revising the
  154         number of and requirements for members of an early
  155         learning coalition; revising and adding requirements
  156         for such coalitions; amending s. 1002.84, F.S.;
  157         revising early learning coalition responsibilities and
  158         duties; conforming a cross-reference; revising
  159         requirements for the waiver of specified copayments;
  160         amending s. 1002.85, F.S.; conforming a cross
  161         reference; revising the requirements for school
  162         readiness program plans; amending s. 1002.88, F.S.;
  163         authorizing certain child development programs
  164         operating on military installations to participate in
  165         the school readiness program; revising requirements to
  166         deliver such program; providing that a specified
  167         annual inspection for a child development program
  168         participating in the school readiness program meets
  169         certain provider requirements; providing requirements
  170         for a child development program to meet certain
  171         liability requirements; amending s. 1002.895, F.S.;
  172         requiring the office to adopt certain procedures until
  173         a specified event; conforming provisions to changes
  174         made by the act; amending s. 1002.92, F.S.; conforming
  175         a cross-reference; revising the requirements for
  176         specified services that child care resource and
  177         referral agencies must provide; transferring,
  178         renumbering, and amending s. 402.281, F.S.; revising
  179         the requirements of the Gold Seal Quality Care
  180         program; requiring the Office of Early Learning to
  181         adopt specified rules; revising accrediting
  182         association requirements; providing requirements for
  183         accrediting associations; requiring the department to
  184         establish a specified process; providing requirements
  185         for such process; deleting a requirement for the
  186         department to consult certain entities for specified
  187         purposes; providing requirements for certain providers
  188         to maintain Gold Seal Quality Care status; providing
  189         exemptions to certain ad valorem taxes; providing rate
  190         differentials to certain providers; creating s.
  191         1008.2125, F.S.; creating the coordinated screening
  192         and progress monitoring program within the department
  193         for specified purposes; requiring the Commissioner of
  194         Education to design such program; providing
  195         requirements for the administration of such program
  196         and the use of results from the program; providing
  197         requirements for the commissioner; creating the
  198         Council for Early Grade Success within the department;
  199         providing duties of the council; providing membership
  200         of the council; requiring the council to elect a chair
  201         and a vice chair; providing requirements for such
  202         appointments; providing for per diem for members of
  203         the council; providing meeting requirements for the
  204         council; providing for a quorum of the council;
  205         amending s. 1008.25, F.S.; authorizing certain
  206         students enrolled in the Voluntary Prekindergarten
  207         Education Program to receive intensive reading
  208         interventions using specified funds; amending s.
  209         1011.62, F.S.; revising the research-based reading
  210         instruction allocation to authorize the use of such
  211         funds for certain intensive reading interventions for
  212         certain students; revising the requirements for
  213         specified reading instruction and interventions;
  214         defining the term “evidence-based”; providing an
  215         effective date.
  216          
  217  Be It Enacted by the Legislature of the State of Florida:
  218  
  219         Section 1. Paragraph (b) of subsection (5) of section
  220  39.604, Florida Statutes, is amended to read:
  221         39.604 Rilya Wilson Act; short title; legislative intent;
  222  child care; early education; preschool.—
  223         (5) EDUCATIONAL STABILITY.—Just as educational stability is
  224  important for school-age children, it is also important to
  225  minimize disruptions to secure attachments and stable
  226  relationships with supportive caregivers of children from birth
  227  to school age and to ensure that these attachments are not
  228  disrupted due to placement in out-of-home care or subsequent
  229  changes in out-of-home placement.
  230         (b) If it is not in the best interest of the child for him
  231  or her to remain in his or her child care or early education
  232  setting upon entry into out-of-home care, the caregiver must
  233  work with the case manager, guardian ad litem, child care and
  234  educational staff, and educational surrogate, if one has been
  235  appointed, to determine the best setting for the child. Such
  236  setting may be a child care provider that receives a Gold Seal
  237  Quality Care designation pursuant to s. 1002.945 s. 402.281, a
  238  provider participating in a quality rating system, a licensed
  239  child care provider, a public school provider, or a license
  240  exempt child care provider, including religious-exempt and
  241  registered providers, and nonpublic schools.
  242         Section 2. Paragraph (m) of subsection (5) of section
  243  212.08, Florida Statutes, is amended to read:
  244         212.08 Sales, rental, use, consumption, distribution, and
  245  storage tax; specified exemptions.—The sale at retail, the
  246  rental, the use, the consumption, the distribution, and the
  247  storage to be used or consumed in this state of the following
  248  are hereby specifically exempt from the tax imposed by this
  249  chapter.
  250         (5) EXEMPTIONS; ACCOUNT OF USE.—
  251         (m) Educational materials purchased by certain child care
  252  facilities.—Educational materials, such as glue, paper, paints,
  253  crayons, unique craft items, scissors, books, and educational
  254  toys, purchased by a child care facility that meets the
  255  standards delineated in s. 402.305, is licensed under s.
  256  402.308, holds a current Gold Seal Quality Care designation
  257  pursuant to s. 1002.945 s. 402.281, and provides basic health
  258  insurance to all employees are exempt from the taxes imposed by
  259  this chapter. For purposes of this paragraph, the term “basic
  260  health insurance” shall be defined and promulgated in rules
  261  developed jointly by the Office of Early Learning Department of
  262  Children and Families, the Agency for Health Care
  263  Administration, and the Financial Services Commission.
  264         Section 3. Subsection (6) of section 402.26, Florida
  265  Statutes, is amended to read:
  266         402.26 Child care; legislative intent.—
  267         (6)It is the intent of the Legislature that a child care
  268  facility licensed pursuant to s. 402.305 or a child care
  269  facility exempt from licensing pursuant to s. 402.316, that
  270  achieves Gold Seal Quality status pursuant to s. 402.281, be
  271  considered an educational institution for the purpose of
  272  qualifying for exemption from ad valorem tax pursuant to s.
  273  196.198.
  274         Section 4. Type two transfer from the Department of
  275  Children and Families.—
  276         (1)All powers, duties, functions, records, offices,
  277  personnel, associated administrative support positions,
  278  property, pending issues, existing contracts, administrative
  279  authority, administrative rules, and unexpended balances of
  280  appropriations, allocations, and other funds relating to the
  281  Gold Seal Quality Care program within the Department of Children
  282  and Families are transferred by a type two transfer, as defined
  283  in s. 20.06(2), Florida Statutes, to the Office of Early
  284  Learning.
  285         (2)Any binding contract or interagency agreement existing
  286  before July 1, 2020, between the Department of Children and
  287  Families, or an entity or agent of the department, and any other
  288  agency, entity, or person relating to the Gold Seal Quality Care
  289  program shall continue as a binding contract or agreement for
  290  the remainder of the term of such contract or agreement on the
  291  successor entity responsible for the program, activity, or
  292  functions relative to the contract or agreement.
  293         Section 5. Subsection (5) of section 402.315, Florida
  294  Statutes, is amended to read:
  295         402.315 Funding; license fees.—
  296         (5) All moneys collected by the department for child care
  297  licensing shall be held in a trust fund of the department to be
  298  reallocated to the department during the following fiscal year
  299  to fund child care licensing activities, including the Gold Seal
  300  Quality Care program created pursuant to s. 1002.945 s. 402.281.
  301         Section 6. Subsection (4) of section 1001.213, Florida
  302  Statutes, is amended to read:
  303         1001.213 Office of Early Learning.—There is created within
  304  the Office of Independent Education and Parental Choice the
  305  Office of Early Learning, as required under s. 20.15, which
  306  shall be administered by an executive director. The office shall
  307  be fully accountable to the Commissioner of Education but shall:
  308         (4) In compliance with parts V and VI of chapter 1002 and
  309  its powers and duties under s. 1002.73 s. 1002.75, administer
  310  the Voluntary Prekindergarten Education Program at the state
  311  level.
  312         Section 7. Subsection (7) of section 1001.215, Florida
  313  Statutes, is amended to read:
  314         1001.215 Just Read, Florida! Office.—There is created in
  315  the Department of Education the Just Read, Florida! Office. The
  316  office is fully accountable to the Commissioner of Education and
  317  shall:
  318         (7) Review, evaluate, and provide technical assistance to
  319  school districts’ implementation of the K-12 comprehensive
  320  reading plan required in s. 1011.62(9).
  321         Section 8. Subsection (1) of section 1001.23, Florida
  322  Statutes, is amended to read:
  323         1001.23 Specific powers and duties of the Department of
  324  Education.—In addition to all other duties assigned to it by law
  325  or by rule of the State Board of Education, the department
  326  shall:
  327         (1)Adopt the statewide kindergarten screening in
  328  accordance with s. 1002.69.
  329         Section 9. Subsections (3) and (10) of section 1002.32,
  330  Florida Statutes, are amended to read:
  331         1002.32 Developmental research (laboratory) schools.—
  332         (3) MISSION.—The mission of a lab school shall be the
  333  provision of a vehicle for the conduct of research,
  334  demonstration, and evaluation regarding management, teaching,
  335  and learning. Programs to achieve the mission of a lab school
  336  shall embody the goals and standards established pursuant to ss.
  337  1000.03(5) and 1001.23(1) 1001.23(2) and shall ensure an
  338  appropriate education for its students.
  339         (a) Each lab school shall emphasize mathematics, science,
  340  computer science, and foreign languages. The primary goal of a
  341  lab school is to enhance instruction and research in such
  342  specialized subjects by using the resources available on a state
  343  university campus, while also providing an education in
  344  nonspecialized subjects. Each lab school shall provide
  345  sequential elementary and secondary instruction where
  346  appropriate. A lab school may not provide instruction at grade
  347  levels higher than grade 12 without authorization from the State
  348  Board of Education. Each lab school shall develop and implement
  349  a school improvement plan pursuant to s. 1003.02(3).
  350         (b) Research, demonstration, and evaluation conducted at a
  351  lab school may be generated by the college of education and
  352  other colleges within the university with which the school is
  353  affiliated.
  354         (c) Research, demonstration, and evaluation conducted at a
  355  lab school may be generated by the State Board of Education.
  356  Such research shall respond to the needs of the education
  357  community at large, rather than the specific needs of the
  358  affiliated college.
  359         (d) Research, demonstration, and evaluation conducted at a
  360  lab school may consist of pilot projects to be generated by the
  361  affiliated college, the State Board of Education, or the
  362  Legislature.
  363         (e) The exceptional education programs offered at a lab
  364  school shall be determined by the research and evaluation goals
  365  and the availability of students for efficiently sized programs.
  366  The fact that a lab school offers an exceptional education
  367  program in no way lessens the general responsibility of the
  368  local school district to provide exceptional education programs.
  369         (10) EXCEPTIONS TO LAW.—To encourage innovative practices
  370  and facilitate the mission of the lab schools, in addition to
  371  the exceptions to law specified in s. 1001.23(1) s. 1001.23(2),
  372  the following exceptions shall be permitted for lab schools:
  373         (a) The methods and requirements of the following statutes
  374  shall be held in abeyance: ss. 316.75; 1001.30; 1001.31;
  375  1001.32; 1001.33; 1001.34; 1001.35; 1001.36; 1001.361; 1001.362;
  376  1001.363; 1001.37; 1001.371; 1001.372; 1001.38; 1001.39;
  377  1001.395; 1001.40; 1001.41; 1001.44; 1001.453; 1001.46;
  378  1001.461; 1001.462; 1001.463; 1001.464; 1001.47; 1001.48;
  379  1001.49; 1001.50; 1001.51; 1006.12(2); 1006.21(3), (4); 1006.23;
  380  1010.07(2); 1010.40; 1010.41; 1010.42; 1010.43; 1010.44;
  381  1010.45; 1010.46; 1010.47; 1010.48; 1010.49; 1010.50; 1010.51;
  382  1010.52; 1010.53; 1010.54; 1010.55; 1011.02(1)-(3), (5);
  383  1011.04; 1011.20; 1011.21; 1011.22; 1011.23; 1011.71; 1011.72;
  384  1011.73; and 1011.74.
  385         (b) With the exception of s. 1001.42(18), s. 1001.42 shall
  386  be held in abeyance. Reference to district school boards in s.
  387  1001.42(18) shall mean the president of the university or the
  388  president’s designee.
  389         Section 10. Subsection (5) of section 1002.53, Florida
  390  Statutes, is amended, and paragraph (d) is added to subsection
  391  (6) of that section, to read:
  392         1002.53 Voluntary Prekindergarten Education Program;
  393  eligibility and enrollment.—
  394         (5) The early learning coalition shall provide each parent
  395  enrolling a child in the Voluntary Prekindergarten Education
  396  Program with a profile of every private prekindergarten provider
  397  and public school delivering the program within the county where
  398  the child is being enrolled. The profiles shall be provided to
  399  parents in a format prescribed by the Office of Early Learning
  400  in accordance with s. 1002.92(3). The profiles must include, at
  401  a minimum, the following information about each provider and
  402  school:
  403         (a)The provider’s or school’s services, curriculum,
  404  instructor credentials, and instructor-to-student ratio; and
  405         (b)The provider’s or school’s kindergarten readiness rate
  406  calculated in accordance with s. 1002.69, based upon the most
  407  recent available results of the statewide kindergarten
  408  screening.
  409         (6)
  410         (d)Each parent who enrolls his or her child in the
  411  Voluntary Prekindergarten Education Program must allow his or
  412  her child to participate in the coordinated screening and
  413  progress monitoring program under s. 1008.2125.
  414         Section 11. Paragraphs (a), (b), (c), (g), (i), and (l) of
  415  subsection (3), subsection (4), and paragraph (b) of subsection
  416  (5) of section 1002.55, Florida Statutes, are amended, and
  417  subsection (6) is added to that section, to read:
  418         1002.55 School-year prekindergarten program delivered by
  419  private prekindergarten providers.—
  420         (3) To be eligible to deliver the prekindergarten program,
  421  a private prekindergarten provider must meet each of the
  422  following requirements:
  423         (a) The private prekindergarten provider must be a child
  424  care facility licensed under s. 402.305, family day care home
  425  licensed under s. 402.313, large family child care home licensed
  426  under s. 402.3131, nonpublic school exempt from licensure under
  427  s. 402.3025(2), or faith-based child care provider exempt from
  428  licensure under s. 402.316, child development program accredited
  429  by a national accrediting body and operating on a military
  430  installation certified by the United States Department of
  431  Defense, or private prekindergarten provider issued a
  432  provisional license under s. 402.309. A private prekindergarten
  433  provider may not deliver the program while holding a probation
  434  status license under s. 402.310.
  435         (b) The private prekindergarten provider must:
  436         1. Be accredited by an accrediting association that is a
  437  member of the National Council for Private School Accreditation,
  438  or the Florida Association of Academic Nonpublic Schools, or be
  439  accredited by the Southern Association of Colleges and Schools,
  440  or Western Association of Colleges and Schools, or North Central
  441  Association of Colleges and Schools, or Middle States
  442  Association of Colleges and Schools, or New England Association
  443  of Colleges and Schools; and have written accreditation
  444  standards that meet or exceed the state’s licensing requirements
  445  under s. 402.305, s. 402.313, or s. 402.3131 and require at
  446  least one onsite visit to the provider or school before
  447  accreditation is granted;
  448         2. Hold a current Gold Seal Quality Care designation under
  449  s. 1002.945 s. 402.281; or
  450         3. Be licensed under s. 402.305, s. 402.313, or s. 402.3131
  451  and demonstrate, before delivering the Voluntary Prekindergarten
  452  Education Program, as verified by the early learning coalition,
  453  that the provider meets each of the requirements of the program
  454  under this part, including, but not limited to, the requirements
  455  for credentials and background screenings of prekindergarten
  456  instructors under paragraphs (c) and (d), minimum and maximum
  457  class sizes under paragraph (f), prekindergarten director
  458  credentials under paragraph (g), and a developmentally
  459  appropriate curriculum under s. 1002.67(2)(b).
  460         (c) The private prekindergarten provider must have, for
  461  each prekindergarten class of 11 children or fewer, at least one
  462  prekindergarten instructor who meets each of the following
  463  requirements:
  464         1. The prekindergarten instructor must hold, at a minimum,
  465  one of the following credentials:
  466         a. A child development associate credential issued by the
  467  National Credentialing Program of the Council for Professional
  468  Recognition; or
  469         b. A credential approved by the Department of Children and
  470  Families as being equivalent to or greater than the credential
  471  described in sub-subparagraph a.
  472  
  473  The Department of Children and Families may adopt rules under
  474  ss. 120.536(1) and 120.54 which provide criteria and procedures
  475  for approving equivalent credentials under sub-subparagraph b.
  476         2. The prekindergarten instructor must successfully
  477  complete at least three an emergent literacy training courses
  478  that include developmentally appropriate and experiential
  479  learning practices for children course and a student performance
  480  standards training course approved by the office as meeting or
  481  exceeding the minimum standards adopted under s. 1002.59, and be
  482  recognized as part of the informal early learning career pathway
  483  identified by the office under s. 1002.995(1)(b). The
  484  requirement for completion of the standards training course
  485  shall take effect July 1, 2021. Such 2014, and the course shall
  486  be available online or in person.
  487         (g) The private prekindergarten provider must have a
  488  prekindergarten director who has a prekindergarten director
  489  credential that is approved by the office as meeting or
  490  exceeding the minimum standards adopted under s. 1002.57. A
  491  private school administrator who holds a valid certificate in
  492  educational leadership issued by the office satisfies the
  493  requirement for a prekindergarten director credential under s.
  494  1002.57 Successful completion of a child care facility director
  495  credential under s. 402.305(2)(g) before the establishment of
  496  the prekindergarten director credential under s. 1002.57 or July
  497  1, 2006, whichever occurs later, satisfies the requirement for a
  498  prekindergarten director credential under this paragraph.
  499         (i) The private prekindergarten provider must execute the
  500  statewide provider contract prescribed under s. 1002.73 s.
  501  1002.75, except that an individual who owns or operates multiple
  502  private prekindergarten sites providers within a coalition’s
  503  service area may execute a single agreement with the coalition
  504  on behalf of each site provider.
  505         (l) Notwithstanding paragraph (j), for a private
  506  prekindergarten provider that is a state agency or a subdivision
  507  thereof, as defined in s. 768.28(2), the provider must agree to
  508  notify the coalition of any additional liability coverage
  509  maintained by the provider in addition to that otherwise
  510  established under s. 768.28. The provider shall indemnify the
  511  coalition to the extent permitted by s. 768.28. Notwithstanding
  512  paragraph (j), for a child development program accredited by a
  513  national accrediting body and operating on a military
  514  installation certified by the United States Department of
  515  Defense, the provider may demonstrate liability coverage by
  516  affirming that it is subject to the Federal Tort Claims Act, 28
  517  U.S.C. s. 2671 et seq.
  518         (4) A prekindergarten instructor, in lieu of the minimum
  519  credentials and courses required under paragraph (3)(c), may
  520  hold one of the following educational credentials:
  521         (a) A bachelor’s or higher degree in early childhood
  522  education, prekindergarten or primary education, preschool
  523  education, or family and consumer science;
  524         (b) A bachelor’s or higher degree in elementary education,
  525  if the prekindergarten instructor has been certified to teach
  526  children any age from birth through 6th grade, regardless of
  527  whether the instructor’s educator certificate is current, and if
  528  the instructor is not ineligible to teach in a public school
  529  because his or her educator certificate is suspended or revoked;
  530         (c) An associate’s or higher degree in child development;
  531         (d) An associate’s or higher degree in an unrelated field,
  532  at least 6 credit hours in early childhood education or child
  533  development, and at least 480 hours of experience in teaching or
  534  providing child care services for children any age from birth
  535  through 8 years of age; or
  536         (e) An educational credential approved by the department as
  537  being equivalent to or greater than an educational credential
  538  described in this subsection. The department may adopt criteria
  539  and procedures for approving equivalent educational credentials
  540  under this paragraph.
  541         (5)
  542         (b) Notwithstanding any other provision of law, if a
  543  private prekindergarten provider has been cited for a class I
  544  violation, as defined by rule of the Child Care Services Program
  545  Office of the Department of Children and Families, the coalition
  546  may refuse to contract with the provider.
  547         (6)Each early learning coalition must verify that each
  548  private prekindergarten provider delivering the Voluntary
  549  Prekindergarten Education Program within the coalition’s county
  550  or multicounty region complies with this part. If a private
  551  prekindergarten provider fails or refuses to comply with this
  552  part or engages in misconduct, the office must require the early
  553  learning coalition to remove the provider from eligibility to
  554  deliver the program or to receive state funds under this part
  555  for a period of at least 2 years but no more than 5 years.
  556         Section 12. Present paragraphs (b) and (c) of subsection
  557  (2) of section 1002.57, Florida Statutes, are redesignated as
  558  paragraphs (c) and (d), respectively, and a new paragraph (b) is
  559  added to that subsection, to read:
  560         1002.57 Prekindergarten director credential.—
  561         (2) The educational requirements must include training in
  562  the following:
  563         (b)Implementation of curriculum and usage of student-level
  564  data to inform the delivery of instruction;
  565         Section 13. Section 1002.59, Florida Statutes, is amended
  566  to read:
  567         1002.59 Emergent literacy and performance standards
  568  training courses.—
  569         (1) The office shall adopt minimum standards for one or
  570  more training courses in emergent literacy for prekindergarten
  571  instructors. Each course must comprise 5 clock hours and provide
  572  instruction in strategies and techniques to address the age
  573  appropriate progress of prekindergarten students in developing
  574  emergent literacy skills, including oral communication,
  575  knowledge of print and letters, phonemic and phonological
  576  awareness, and vocabulary and comprehension development. Each
  577  course must also provide resources containing strategies that
  578  allow students with disabilities and other special needs to
  579  derive maximum benefit from the Voluntary Prekindergarten
  580  Education Program. Successful completion of an emergent literacy
  581  training course approved under this section satisfies
  582  requirements for approved training in early literacy and
  583  language development under ss. 402.305(2)(e)5., 402.313(6), and
  584  402.3131(5).
  585         (2) The office shall adopt minimum standards for one or
  586  more training courses on the performance standards adopted under
  587  s. 1002.67(1). Each course must comprise at least 3 clock hours,
  588  provide instruction in strategies and techniques to address age
  589  appropriate progress of each child in attaining the standards,
  590  and be available online.
  591         (3)The office shall make available online professional
  592  development and training courses consisting of at least 8 clock
  593  hours that support prekindergarten instructors in increasing the
  594  competency of teacher-child interactions.
  595         Section 14. Present subsections (6), (7), and (8) of
  596  section 1002.61, Florida Statutes, are redesignated as
  597  subsections (7), (8), and (9), respectively, a new subsection
  598  (6) and subsection (10) are added to that section, and paragraph
  599  (b) of subsection (1), paragraph (b) of subsection (3), and
  600  subsection (4) of that section are amended, to read:
  601         1002.61 Summer prekindergarten program delivered by public
  602  schools and private prekindergarten providers.—
  603         (1)
  604         (b) Each early learning coalition shall administer the
  605  Voluntary Prekindergarten Education Program at the county or
  606  regional level for students enrolled under s. 1002.53(3)(b) in a
  607  summer prekindergarten program delivered by a private
  608  prekindergarten provider. A child development program accredited
  609  by a national accrediting body and operating on a military
  610  installation certified by the United States Department of
  611  Defense may administer the summer prekindergarten program as a
  612  private prekindergarten provider.
  613         (3)
  614         (b) Each public school delivering the summer
  615  prekindergarten program must execute the statewide provider
  616  contract prescribed under s. 1002.73 s. 1002.75, except that the
  617  school district may execute a single agreement with the early
  618  learning coalition on behalf of all district schools.
  619         (4) Notwithstanding ss. 1002.55(3)(c)1. and 1002.63(4),
  620  each public school and private prekindergarten provider must
  621  have, for each prekindergarten class, at least one
  622  prekindergarten instructor who is a certified teacher or holds
  623  one of the educational credentials specified in s. 1002.55(4)(a)
  624  or (b). As used in this subsection, the term “certified teacher”
  625  means a teacher holding a valid Florida educator certificate
  626  under s. 1012.56 who has the qualifications required by the
  627  district school board to instruct students in the summer
  628  prekindergarten program. In selecting instructional staff for
  629  the summer prekindergarten program, each school district shall
  630  give priority to teachers who have experience or coursework in
  631  early childhood education and have completed emergent literacy
  632  and performance standards courses, as described in s.
  633  1002.55(3)(c)2.
  634         (6)A child development program accredited by a national
  635  accrediting body and operating on a military installation
  636  certified by the United States Department of Defense shall
  637  comply with the requirements of a private prekindergarten
  638  provider in this section.
  639         (10)(a)Each early learning coalition shall verify that
  640  each private prekindergarten provider and public school
  641  delivering the Voluntary Prekindergarten Education Program
  642  within the coalition’s county or multicounty region complies
  643  with this part.
  644         (b)If a private prekindergarten provider or public school
  645  fails or refuses to comply with this part or engages in
  646  misconduct, the office must require the early learning coalition
  647  to remove the provider or school from eligibility to deliver the
  648  Voluntary Prekindergarten Education Program or to receive state
  649  funds under this part for a period of at least 2 years but no
  650  more than 5 years.
  651         Section 15. Paragraph (b) of subsection (3) of section
  652  1002.63, Florida Statutes, is amended, and subsection (9) is
  653  added to that section, to read:
  654         1002.63 School-year prekindergarten program delivered by
  655  public schools.—
  656         (3)
  657         (b) Each public school delivering the school-year
  658  prekindergarten program must execute the statewide provider
  659  contract prescribed under s. 1002.73 s. 1002.75, except that the
  660  school district may execute a single agreement with the early
  661  learning coalition on behalf of all district schools.
  662         (9)(a)Each early learning coalition shall verify that each
  663  public school delivering the Voluntary Prekindergarten Education
  664  Program within the coalition’s service area complies with this
  665  part.
  666         (b)If a public school fails or refuses to comply with this
  667  part or engages in misconduct, the office must require the
  668  district school board to remove the school from eligibility to
  669  deliver the Voluntary Prekindergarten Education Program or to
  670  receive state funds under this part for a period of at least 2
  671  years but no more than 5 years.
  672         Section 16. Section 1002.67, Florida Statutes, is amended
  673  to read:
  674         1002.67 Performance standards and; curricula and
  675  accountability.—
  676         (1)(a) The office shall develop and adopt performance
  677  standards for students in the Voluntary Prekindergarten
  678  Education Program. The performance standards must address the
  679  age-appropriate progress of students in the development of:
  680         1. The capabilities, capacities, and skills required under
  681  s. 1(b), Art. IX of the State Constitution; and
  682         2. Emergent literacy skills, including oral communication,
  683  knowledge of print and letters, phonemic and phonological
  684  awareness, and vocabulary and comprehension development; and
  685         3.Mathematical thinking and early math skills.
  686  
  687  By October 1, 2013, the office shall examine the existing
  688  performance standards in the area of mathematical thinking and
  689  develop a plan to make appropriate professional development and
  690  training courses available to prekindergarten instructors.
  691         (b) At least every 3 years, the office shall periodically
  692  review and, if necessary, revise the performance standards
  693  established under this section for the statewide kindergarten
  694  screening administered under s. 1002.69 and align the standards
  695  to the standards established by the state board for student
  696  performance on the statewide assessments administered pursuant
  697  to s. 1008.22.
  698         (2)(a) Each private prekindergarten provider and public
  699  school may select or design the curriculum that the provider or
  700  school uses to implement the Voluntary Prekindergarten Education
  701  Program, except as otherwise required for a provider or school
  702  that is placed on probation under s. 1002.68 paragraph (4)(c).
  703         (b) Each private prekindergarten provider’s and public
  704  school’s curriculum must be developmentally appropriate and
  705  must:
  706         1. Be designed to prepare a student for early literacy and
  707  provide for instruction in early math skills;
  708         2. Enhance the age-appropriate progress of students in
  709  attaining the performance standards adopted by the department
  710  under subsection (1); and
  711         3. Support student learning gains through differentiated
  712  instruction that shall be measured by the coordinated screening
  713  and progress monitoring program under s. 1008.2125 Prepare
  714  students to be ready for kindergarten based upon the statewide
  715  kindergarten screening administered under s. 1002.69.
  716         (c) The office shall adopt procedures for the review and
  717  approval of approve curricula for use by private prekindergarten
  718  providers and public schools that are placed on probation under
  719  s. 1002.68 paragraph (4)(c). The office shall administer the
  720  review and approval process and maintain a list of the curricula
  721  approved under this paragraph. Each approved curriculum must
  722  meet the requirements of paragraph (b).
  723         (3)(a)Contingent upon legislative appropriation, each
  724  private prekindergarten provider and public school in the
  725  Voluntary Prekindergarten Education Program must implement an
  726  evidence-based pre- and post-assessment that has been approved
  727  by rule of the State Board of Education.
  728         (b)In order to be approved, the assessment must be valid,
  729  reliable, developmentally appropriate, and designed to measure
  730  student progress on domains which must include, but are not
  731  limited to, early literacy, numeracy, and language.
  732         (c)The pre- and post-assessment must be administered by
  733  individuals meeting requirements established by rule of the
  734  State Board of Education.
  735         (4)(a)Each early learning coalition shall verify that each
  736  private prekindergarten provider delivering the Voluntary
  737  Prekindergarten Education Program within the coalition’s county
  738  or multicounty region complies with this part. Each district
  739  school board shall verify that each public school delivering the
  740  program within the school district complies with this part.
  741         (b)If a private prekindergarten provider or public school
  742  fails or refuses to comply with this part, or if a provider or
  743  school engages in misconduct, the office shall require the early
  744  learning coalition to remove the provider and require the school
  745  district to remove the school from eligibility to deliver the
  746  Voluntary Prekindergarten Education Program and receive state
  747  funds under this part for a period of 5 years.
  748         (c)1.If the kindergarten readiness rate of a private
  749  prekindergarten provider or public school falls below the
  750  minimum rate adopted by the office as satisfactory under s.
  751  1002.69(6), the early learning coalition or school district, as
  752  applicable, shall require the provider or school to submit an
  753  improvement plan for approval by the coalition or school
  754  district, as applicable, and to implement the plan; shall place
  755  the provider or school on probation; and shall require the
  756  provider or school to take certain corrective actions, including
  757  the use of a curriculum approved by the office under paragraph
  758  (2)(c) or a staff development plan to strengthen instruction in
  759  language development and phonological awareness approved by the
  760  office.
  761         2.A private prekindergarten provider or public school that
  762  is placed on probation must continue the corrective actions
  763  required under subparagraph 1., including the use of a
  764  curriculum or a staff development plan to strengthen instruction
  765  in language development and phonological awareness approved by
  766  the office, until the provider or school meets the minimum rate
  767  adopted by the office as satisfactory under s. 1002.69(6).
  768  Failure to implement an approved improvement plan or staff
  769  development plan shall result in the termination of the
  770  provider’s contract to deliver the Voluntary Prekindergarten
  771  Education Program for a period of 5 years.
  772         3.If a private prekindergarten provider or public school
  773  remains on probation for 2 consecutive years and fails to meet
  774  the minimum rate adopted by the office as satisfactory under s.
  775  1002.69(6) and is not granted a good cause exemption by the
  776  office pursuant to s. 1002.69(7), the office shall require the
  777  early learning coalition or the school district to remove, as
  778  applicable, the provider or school from eligibility to deliver
  779  the Voluntary Prekindergarten Education Program and receive
  780  state funds for the program for a period of 5 years.
  781         (d)Each early learning coalition and the office shall
  782  coordinate with the Child Care Services Program Office of the
  783  Department of Children and Families to minimize interagency
  784  duplication of activities for monitoring private prekindergarten
  785  providers for compliance with requirements of the Voluntary
  786  Prekindergarten Education Program under this part, the school
  787  readiness program under part VI of this chapter, and the
  788  licensing of providers under ss. 402.301-402.319.
  789         Section 17. Section 1002.68, Florida Statutes, is created
  790  to read:
  791         1002.68Voluntary Prekindergarten Education Program
  792  accountability.—
  793         (1)(a)Beginning with the 2022-2023 program year, each
  794  private prekindergarten provider and public school participating
  795  in the Voluntary Prekindergarten Education Program must
  796  participate in the coordinated screening and progress monitoring
  797  program in accordance with s. 1008.2125. The coordinated
  798  screening and progress monitoring program results shall be used
  799  by the office to identify student learning gains, index
  800  development learning outcomes upon program completion relative
  801  to the performance standards established under s. 1002.67 and
  802  representative norms, and inform a private prekindergarten
  803  provider’s and public school’s performance metric.
  804         (b)At a minimum, the initial and final progress monitoring
  805  or screening must be administered by individuals meeting
  806  requirements adopted by the department pursuant to s. 1008.2125.
  807         (c)Each private prekindergarten provider and public school
  808  participating in the Voluntary Prekindergarten Education Program
  809  must provide a student’s performance results from the
  810  coordinated screening and progress monitoring to the student’s
  811  parents within 7 days after the administration of such
  812  coordinated screening and progress monitoring.
  813         (2)Beginning with the 2022-2023 program year, each private
  814  prekindergarten provider and public school participating in the
  815  Voluntary Prekindergarten Education Program must participate in
  816  a program assessment of each voluntary prekindergarten education
  817  classroom. The program assessment shall measure the quality of
  818  teacher-child interactions, including emotional support,
  819  classroom organization, and instructional support for children
  820  ages 3 to 5 years. Each private prekindergarten provider and
  821  public school participating in the Voluntary Prekindergarten
  822  Education Program shall receive from the office the results of
  823  the program assessment for each classroom within 14 days after
  824  the observation. Each early learning coalition shall be
  825  responsible for the administration of the program assessments,
  826  which must be conducted by individuals qualified to conduct
  827  program assessments under s. 1002.82(2)(n).
  828         (3)(a)For the 2020-2021 program year, the office shall
  829  calculate a kindergarten readiness rate for each private
  830  prekindergarten provider and public school participating in the
  831  Voluntary Prekindergarten Education Program based upon learning
  832  gains and the percentage of students assessed as ready for
  833  kindergarten. The department shall require that each school
  834  district administer the statewide kindergarten screening in use
  835  before the 2021-2022 school year to each kindergarten student in
  836  the school district within the first 30 school days of the 2021
  837  2022 school year. Private schools may administer the statewide
  838  kindergarten screening to each kindergarten student in a private
  839  school who was enrolled in the Voluntary Prekindergarten
  840  Education Program. Learning gains shall be determined using a
  841  value-added measure based on growth demonstrated by the results
  842  of the pre- and post-assessment in use before the 2021-2022
  843  program year. However, a provider may not be newly placed on
  844  probationary status; a provider that is already on probationary
  845  status but earns the minimum rate determined pursuant to
  846  subsection (5) may be removed from probation; and a provider
  847  that is already on probationary status but does not meet the
  848  minimum rate determined pursuant to subsection (5) must remain
  849  on probation in their existing status. The methodology for
  850  calculating a provider’s readiness rate may not include students
  851  who are not administered the statewide kindergarten screening.
  852         (b)For the 2021-2022 program year, kindergarten screening
  853  results may not be used in the calculation of readiness rates.
  854  Any private prekindergarten provider or public school
  855  participating in the Voluntary Prekindergarten Education Program
  856  which fails to meet the minimum kindergarten readiness rate for
  857  the 2021-2022 program year is subject to the probation
  858  requirements of subsection (5).
  859         (4)(a)Beginning with the 2022-2023 program year, the
  860  office shall adopt a methodology for calculating each private
  861  prekindergarten provider’s and public school provider’s
  862  performance metric, which must be based on a combination of the
  863  following:
  864         1.Program assessment composite scores under subsection
  865  (2), which must be weighted at no less than 50 percent.
  866         2.Learning gains operationalized as change-in-ability
  867  scores from the initial and final progress monitoring results
  868  described in subsection (1).
  869         3.Norm-referenced developmental learning outcomes
  870  described in subsection (1).
  871         (b)The methodology for calculating a provider’s
  872  performance metric may not include students who are not
  873  administered the coordinated screening and progress monitoring
  874  program under s. 1008.2125.
  875         (c)The program assessment composite score and performance
  876  metric must be calculated for each private prekindergarten or
  877  public school site.
  878         (d)The methodology shall include a statistical latent
  879  profile analysis developed by the office that must be able to
  880  produce a limited number of performance metric profiles that
  881  summarize the profiles of all sites that must be used to inform
  882  the following designations: “unsatisfactory,” “emerging
  883  proficiency,” “proficient,” “highly proficient,” and “excellent”
  884  or comparable terminology determined by the office which may not
  885  include letter grades.
  886         (e)Subject to an appropriation, the office shall provide
  887  for a differential payment to a private prekindergarten provider
  888  and public school based on the provider’s designation. The
  889  maximum differential payment may not exceed a total of 15
  890  percent of the base student allocation per full-time equivalent
  891  student under s. 1002.71 attending in the consecutive program
  892  year for that program. A private prekindergarten provider or
  893  public school may not receive a differential payment if it
  894  receives a designation of “proficient” or lower. Before the
  895  adoption of the methodology, the office shall confer with the
  896  Council for Early Grade Success under s. 1008.2125 before
  897  receiving approval from the office for the final recommendations
  898  on the designation system and differential payments.
  899         (f)The office shall adopt procedures to annually calculate
  900  each private prekindergarten provider’s and public school’s
  901  performance metric, based on the methodology adopted in
  902  paragraphs (a) and (b), and assign a designation under paragraph
  903  (d). Beginning with the 2023-2024 program year, each private
  904  prekindergarten provider or public school shall be assigned a
  905  designation within 45 days after the conclusion of the school
  906  year Voluntary Prekindergarten Education Program delivered by
  907  all participating private prekindergarten providers or public
  908  schools and within 45 days after the conclusion of the summer
  909  Voluntary Prekindergarten Education Program delivered by all
  910  participating private prekindergarten providers or public
  911  schools.
  912         (g)A private prekindergarten provider or public school
  913  designated “proficient,” “highly proficient,” or “excellent”
  914  demonstrates the provider’s or school’s satisfactory delivery of
  915  the Voluntary Prekindergarten Education Program.
  916         (h)The designations shall be displayed in the early
  917  learning provider performance profiles required under s.
  918  1002.92(3).
  919         (5)(a)If a public school’s or private prekindergarten
  920  provider’s program assessment composite score for its
  921  prekindergarten classrooms fails to meet the minimum program
  922  assessment composite score for contracting adopted by the
  923  office, the private prekindergarten provider or public school
  924  may not participate in the Voluntary Prekindergarten Education
  925  Program beginning in the consecutive program year and thereafter
  926  until the public school or private prekindergarten provider
  927  meets the minimum composite score for contracting. A public
  928  school or private prekindergarten provider may request one
  929  program assessment per program year in order to requalify for
  930  participation in the Voluntary Prekindergarten Education
  931  Program, provided that the public school or private
  932  prekindergarten provider is not excluded from participation
  933  under ss. 1002.55(6), 1002.61(10)(b), 1002.63(9)(b), or
  934  paragraph (5)(b) of this section. If a public school or private
  935  prekindergarten provider would like an additional program
  936  assessment completed within the same program year, the public
  937  school or private prekindergarten provider shall be responsible
  938  for the cost of the program assessment.
  939         (b)If a private prekindergarten provider’s or public
  940  school’s performance metric or designation falls below the
  941  minimum performance metric or designation, the early learning
  942  coalition shall:
  943         1.Require the provider or school to submit for approval to
  944  the early learning coalition an improvement plan and implement
  945  the plan.
  946         2.Place the provider or school on probation.
  947         3.Require the provider or school to take certain
  948  corrective actions, including the use of a curriculum approved
  949  by the office under s. 1002.67(2)(c) and a staff development
  950  plan approved by the office to strengthen instructional
  951  practices in emotional support, classroom organization,
  952  instructional support, language development, phonological
  953  awareness, alphabet knowledge, and mathematical thinking.
  954         (c)A private prekindergarten provider or public school
  955  placed on probation must continue the corrective actions
  956  required under paragraph (b) until the provider or school meets
  957  the minimum performance metric or designation adopted by the
  958  office. Failure to meet the requirements of subparagraphs (b)1.
  959  and 3. shall result in the termination of the provider’s or
  960  school’s contract to deliver the Voluntary Prekindergarten
  961  Education Program for a period of at least 2 years but no more
  962  than 5 years.
  963         (d)If a private prekindergarten provider or public school
  964  remains on probation for 2 consecutive years and fails to meet
  965  the minimum performance metric or designation, or is not granted
  966  a good cause exemption by the office, the office shall require
  967  the early learning coalition to revoke the provider’s or
  968  school’s eligibility to deliver the Voluntary Prekindergarten
  969  Education Program or to receive state funds for the program for
  970  a period of at least 2 years but no more than 5 years.
  971         (6)(a)The office, upon the request of a private
  972  prekindergarten provider or public school that remains on
  973  probation for at least 2 consecutive years and subsequently
  974  fails to meet the minimum performance metric or designation, and
  975  for good cause shown, may grant to the provider or school an
  976  exemption from being determined ineligible to deliver the
  977  Voluntary Prekindergarten Education Program or to receive state
  978  funds for the program. Such exemption is valid for 1 year and,
  979  upon the request of the private prekindergarten provider or
  980  public school and for good cause shown, may be renewed.
  981         (b)A private prekindergarten provider’s or public school’s
  982  request for a good cause exemption, or renewal of such an
  983  exemption, must be submitted to the office in the manner and
  984  within the timeframes prescribed by the office and must include
  985  the following:
  986         1.Data from the private prekindergarten provider or public
  987  school which documents the achievement and progress of the
  988  children served, as measured by any required screenings or
  989  assessments.
  990         2.Data from the program assessment required under
  991  subsection (2) which demonstrates effective teaching practices
  992  as recognized by the tool developer.
  993         3.Data from the early learning coalition or district
  994  school board, as applicable, the Department of Children and
  995  Families, the local licensing authority, or an accrediting
  996  association, as applicable, relating to the private
  997  prekindergarten provider’s or public school’s compliance with
  998  state and local health and safety standards.
  999         (c)The office shall adopt criteria for granting good cause
 1000  exemptions. Such criteria must include, but are not limited to,
 1001  all of the following:
 1002         1.Child demographic data that evidences a private
 1003  prekindergarten provider or public school serves a statistically
 1004  significant population of children with special needs who have
 1005  individual education plans and can demonstrate progress toward
 1006  meeting the goals outlined in the students’ individual education
 1007  plans.
 1008         2.Learning gains of children served in the Voluntary
 1009  Prekindergarten Education Program by the private prekindergarten
 1010  provider or public school on an alternative measure that has
 1011  comparable validity and reliability of the coordinated screening
 1012  and progress monitoring program in accordance with s. 1008.2125.
 1013         3.Program assessment data under subsection (2) which
 1014  demonstrates effective teaching practices as recognized by the
 1015  tool developer.
 1016         4.Verification that local and state health and safety
 1017  requirements are met.
 1018         (d)A good cause exemption may not be granted to any
 1019  private prekindergarten provider or public school that has any
 1020  class I violations or two or more class II violations, as
 1021  defined by rule of the Department of Children and Families,
 1022  within the 2 years preceding the provider’s or school’s request
 1023  for the exemption.
 1024         (e)A private prekindergarten provider or public school
 1025  granted a good cause exemption shall continue to implement its
 1026  improvement plan and continue the corrective actions required
 1027  under paragraph (5)(b) until the provider or school meets the
 1028  minimum performance metric.
 1029         (f)If a good cause exemption is granted to a private
 1030  prekindergarten provider or public school that remains on
 1031  probation for 2 consecutive years and if the provider meets all
 1032  other applicable requirements of this part, the office must
 1033  notify the early learning coalition of the good cause exemption
 1034  and direct that the early learning coalition not remove the
 1035  provider from eligibility to deliver the Voluntary
 1036  Prekindergarten Education Program or to receive state funds for
 1037  the program.
 1038         (g)The office shall report the number of private
 1039  prekindergarten providers or public schools that have received a
 1040  good cause exemption and the reasons for the exemptions as part
 1041  of its annual reporting requirements under s. 1002.82(7).
 1042         (7)Representatives from each school district and
 1043  corresponding early learning coalitions must meet annually to
 1044  develop strategies to transition students from the Voluntary
 1045  Prekindergarten Education Program to kindergarten.
 1046         Section 18. Section 1002.69, Florida Statutes, is repealed.
 1047         Section 19. Section 1002.73, Florida Statutes, is amended
 1048  to read:
 1049         1002.73 Office of Early Learning Department of Education;
 1050  powers and duties; accountability requirements.—
 1051         (1) The office department shall adopt by rule a standard
 1052  statewide provider contract to be used with each Voluntary
 1053  Prekindergarten Education Program provider, with standardized
 1054  attachments by provider type. The office shall publish a copy of
 1055  the standard statewide provider contract on its website. The
 1056  standard statewide provider contract shall include, at a
 1057  minimum, provisions for provider probation, termination for
 1058  cause, and emergency termination for actions or inactions of a
 1059  provider that pose an immediate and serious danger to the
 1060  health, safety, or welfare of children. The standard statewide
 1061  provider contract shall also include appropriate due process
 1062  procedures. During the pendency of an appeal of a termination,
 1063  the provider may not continue to offer its services. Any
 1064  provision imposed upon a provider that is inconsistent with, or
 1065  prohibited by, law is void and unenforceable administer the
 1066  accountability requirements of the Voluntary Prekindergarten
 1067  Education Program at the state level.
 1068         (2) The office department shall adopt procedures for its:
 1069         (a) The approval of prekindergarten director credentials
 1070  under ss. 1002.55 and 1002.57.
 1071         (b) The approval of emergent literacy and early mathematics
 1072  skills training courses under ss. 1002.55 and 1002.59.
 1073         (c)Annually notifying private prekindergarten providers
 1074  and public schools placed on probation for not meeting the
 1075  minimum performance metric or designation as required by s.
 1076  1002.68 of the high-quality professional development
 1077  opportunities developed or supported by the office.
 1078         (d)The administration of the Voluntary Prekindergarten
 1079  Education Program by the early learning coalitions, including,
 1080  but not limited to, procedures for:
 1081         1.Enrolling children in and determining the eligibility of
 1082  children for the Voluntary Prekindergarten Education Program
 1083  under s. 1002.53, which shall include the enrollment of children
 1084  by public schools and private providers that meet specified
 1085  requirements.
 1086         2.Providing parents with profiles of private
 1087  prekindergarten providers and public schools under s. 1002.53.
 1088         3.Registering private prekindergarten providers and public
 1089  schools to deliver the program under ss. 1002.55, 1002.61, and
 1090  1002.63.
 1091         4.Determining the eligibility of private prekindergarten
 1092  providers to deliver the program under ss. 1002.55 and 1002.61
 1093  and streamlining the process of determining provider eligibility
 1094  whenever possible.
 1095         5.Verifying the compliance of private prekindergarten
 1096  providers and public schools and removing providers or schools
 1097  from eligibility to deliver the program due to noncompliance or
 1098  misconduct as provided in s. 1002.67.
 1099         6.Paying private prekindergarten providers and public
 1100  schools under s. 1002.71.
 1101         7.Documenting and certifying student enrollment and
 1102  student attendance under s. 1002.71.
 1103         8.Reconciling advance payments in accordance with the
 1104  uniform attendance policy under s. 1002.71.
 1105         9.Reenrolling students dismissed by a private
 1106  prekindergarten provider or public school for noncompliance with
 1107  the provider’s or school district’s attendance policy under s.
 1108  1002.71.
 1109         (3)The office shall administer the accountability
 1110  requirements of the Voluntary Prekindergarten Education Program
 1111  at the state level.
 1112         (4)The office shall adopt procedures governing the
 1113  administration of the Voluntary Prekindergarten Education
 1114  Program by the early learning coalitions for:
 1115         (a)Approving improvement plans of private prekindergarten
 1116  providers and public schools under s. 1002.68.
 1117         (b)Placing private prekindergarten providers and public
 1118  schools on probation and requiring corrective actions under s.
 1119  1002.68.
 1120         (c)Removing a private prekindergarten provider or public
 1121  school from eligibility to deliver the program due to the
 1122  provider’s or school’s remaining on probation beyond the time
 1123  permitted under s. 1002.68. Notwithstanding any other law, if a
 1124  private prekindergarten provider has been cited for a class I
 1125  violation, as defined by rule of the Child Care Services Program
 1126  Office of the Department of Children and Families, the coalition
 1127  may refuse to contract with the provider or revoke the
 1128  provider’s eligibility to deliver the Voluntary Prekindergarten
 1129  Education Program.
 1130         (d)Enrolling children in and determining the eligibility
 1131  of children for the Voluntary Prekindergarten Education Program
 1132  under s. 1002.66.
 1133         (e)Paying specialized instructional services providers
 1134  under s. 1002.66.
 1135         (c)Administration of the statewide kindergarten screening
 1136  and calculation of kindergarten readiness rates under s.
 1137  1002.69.
 1138         (d)Implementation of, and determination of costs
 1139  associated with, the state-approved prekindergarten enrollment
 1140  screening and the standardized postassessment approved by the
 1141  department, and determination of the learning gains of students
 1142  who complete the state-approved prekindergarten enrollment
 1143  screening and the standardized postassessment approved by the
 1144  department.
 1145         (f)(e)Approving Approval of specialized instructional
 1146  services providers under s. 1002.66.
 1147         (f)Annual reporting of the percentage of kindergarten
 1148  students who meet all state readiness measures.
 1149         (g) Granting of a private prekindergarten provider’s or
 1150  public school’s request for a good cause exemption under s.
 1151  1002.68 s. 1002.69(7).
 1152         (5)The office shall adopt procedures for the distribution
 1153  of funds to early learning coalitions under s. 1002.71.
 1154         (6)(3) Except as provided by law, the office department may
 1155  not impose requirements on a private prekindergarten provider or
 1156  public school that does not deliver the Voluntary
 1157  Prekindergarten Education Program or receive state funds under
 1158  this part.
 1159         Section 20. Section 1002.75, Florida Statutes, is repealed.
 1160         Section 21. Section 1002.81, Florida Statutes, is reordered
 1161  and amended to read:
 1162         1002.81 Definitions.—Consistent with the requirements of 45
 1163  C.F.R. parts 98 and 99 and as used in this part, the term:
 1164         (1) “At-risk child” means:
 1165         (a) A child from a family under investigation by the
 1166  Department of Children and Families or a designated sheriff’s
 1167  office for child abuse, neglect, abandonment, or exploitation.
 1168         (b) A child who is in a diversion program provided by the
 1169  Department of Children and Families or its contracted provider
 1170  and who is from a family that is actively participating and
 1171  complying in department-prescribed activities, including
 1172  education, health services, or work.
 1173         (c) A child from a family that is under supervision by the
 1174  Department of Children and Families or a contracted service
 1175  provider for abuse, neglect, abandonment, or exploitation.
 1176         (d) A child placed in court-ordered, long-term custody or
 1177  under the guardianship of a relative or nonrelative after
 1178  termination of supervision by the Department of Children and
 1179  Families or its contracted provider.
 1180         (e) A child in the custody of a parent who is considered a
 1181  victim of domestic violence and is receiving services through a
 1182  certified domestic violence center.
 1183         (f) A child in the custody of a parent who is considered
 1184  homeless as verified by a Department of Children and Families
 1185  certified homeless shelter.
 1186         (2) “Authorized hours of care” means the hours of care that
 1187  are necessary to provide protection, maintain employment, or
 1188  complete work activities or eligible educational activities,
 1189  including reasonable travel time.
 1190         (13)(3) “Prevailing Average market rate” means the
 1191  biennially determined 75th percentile of a reasonable frequency
 1192  distribution average of the market rate by program care level
 1193  and provider type in a predetermined geographic market at which
 1194  child care providers charge a person for child care services.
 1195         (3)(4) “Direct enhancement services” means services for
 1196  families and children that are in addition to payments for the
 1197  placement of children in the school readiness program. Direct
 1198  enhancement services for families and children may include
 1199  supports for providers, parent training and involvement
 1200  activities, and strategies to meet the needs of unique
 1201  populations and local eligibility priorities. Direct enhancement
 1202  services offered by an early learning coalition shall be
 1203  consistent with the activities prescribed in s. 1002.89(6)(b).
 1204         (4)(5) “Disenrollment” means the removal, either temporary
 1205  or permanent, of a child from participation in the school
 1206  readiness program. Removal of a child from the school readiness
 1207  program may be based on the following events: a reduction in
 1208  available school readiness program funding, participant’s
 1209  failure to meet eligibility or program participation
 1210  requirements, fraud, or a change in local service priorities.
 1211         (5)(6) “Earned income” means gross remuneration derived
 1212  from work, professional service, or self-employment. The term
 1213  includes commissions, bonuses, back pay awards, and the cash
 1214  value of all remuneration paid in a medium other than cash.
 1215         (6)(7) “Economically disadvantaged” means having a family
 1216  income that does not exceed 150 percent of the federal poverty
 1217  level and includes being a child of a working migratory family
 1218  as defined by 34 C.F.R. s. 200.81(d) or (f) or an agricultural
 1219  worker who is employed by more than one agricultural employer
 1220  during the course of a year, and whose income varies according
 1221  to weather conditions and market stability.
 1222         (7)(8) “Family income” means the combined gross income,
 1223  whether earned or unearned, that is derived from any source by
 1224  all family or household members who are 18 years of age or older
 1225  who are currently residing together in the same dwelling unit.
 1226  The term does not include income earned by a currently enrolled
 1227  high school student who, since attaining the age of 18 years, or
 1228  a student with a disability who, since attaining the age of 22
 1229  years, has not terminated school enrollment or received a high
 1230  school diploma, high school equivalency diploma, special
 1231  diploma, or certificate of high school completion. The term also
 1232  does not include food stamp benefits or federal housing
 1233  assistance payments issued directly to a landlord or the
 1234  associated utilities expenses.
 1235         (8)(9) “Family or household members” means spouses, former
 1236  spouses, persons related by blood or marriage, persons who are
 1237  parents of a child in common regardless of whether they have
 1238  been married, and other persons who are currently residing
 1239  together in the same dwelling unit as if a family.
 1240         (9)(10) “Full-time care” means at least 6 hours, but not
 1241  more than 11 hours, of child care or early childhood education
 1242  services within a 24-hour period.
 1243         (10)(11) “Market rate” means the price that a child care or
 1244  early childhood education provider charges for full-time or
 1245  part-time daily, weekly, or monthly child care or early
 1246  childhood education services.
 1247         (11)(12) “Office” means the Office of Early Learning of the
 1248  Department of Education.
 1249         (12)(13) “Part-time care” means less than 6 hours of child
 1250  care or early childhood education services within a 24-hour
 1251  period.
 1252         (14) “Single point of entry” means an integrated
 1253  information system that allows a parent to enroll his or her
 1254  child in the school readiness program or the Voluntary
 1255  Prekindergarten Education Program at various locations
 1256  throughout a county, that may allow a parent to enroll his or
 1257  her child by telephone or through a website, and that uses a
 1258  uniform waiting list to track eligible children waiting for
 1259  enrollment in the school readiness program.
 1260         (15) “Unearned income” means income other than earned
 1261  income. The term includes, but is not limited to:
 1262         (a) Documented alimony and child support received.
 1263         (b) Social security benefits.
 1264         (c) Supplemental security income benefits.
 1265         (d) Workers’ compensation benefits.
 1266         (e) Reemployment assistance or unemployment compensation
 1267  benefits.
 1268         (f) Veterans’ benefits.
 1269         (g) Retirement benefits.
 1270         (h) Temporary cash assistance under chapter 414.
 1271         (16) “Working family” means:
 1272         (a) A single-parent family in which the parent with whom
 1273  the child resides is employed or engaged in eligible work or
 1274  education activities for at least 20 hours per week;
 1275         (b) A two-parent family in which both parents with whom the
 1276  child resides are employed or engaged in eligible work or
 1277  education activities for a combined total of at least 40 hours
 1278  per week; or
 1279         (c) A two-parent family in which one of the parents with
 1280  whom the child resides is exempt from work requirements due to
 1281  age or disability, as determined and documented by a physician
 1282  licensed under chapter 458 or chapter 459, and one parent is
 1283  employed or engaged in eligible work or education activities at
 1284  least 20 hours per week.
 1285         Section 22. Section 1002.82, Florida Statutes, is amended
 1286  to read:
 1287         1002.82 Office of Early Learning; powers and duties.—
 1288         (1) For purposes of administration of the Child Care and
 1289  Development Block Grant Trust Fund, pursuant to 45 C.F.R. parts
 1290  98 and 99, the Office of Early Learning is designated as the
 1291  lead agency and must comply with lead agency responsibilities
 1292  pursuant to federal law. The office may apply to the Governor
 1293  and Cabinet for a waiver of, and the Governor and Cabinet may
 1294  waive, any provision of ss. 411.223 and 1003.54 if the waiver is
 1295  necessary for implementation of the school readiness program.
 1296  Section 125.901(2)(a)3. does not apply to the school readiness
 1297  program.
 1298         (2) The office shall:
 1299         (a) Focus on improving the educational quality delivered by
 1300  all providers participating in the school readiness program.
 1301         (b) Preserve parental choice by permitting parents to
 1302  choose from a variety of child care categories, including
 1303  center-based care, family child care, and informal child care to
 1304  the extent authorized in the state’s Child Care and Development
 1305  Fund Plan as approved by the United States Department of Health
 1306  and Human Services pursuant to 45 C.F.R. s. 98.18. Care and
 1307  curriculum by a faith-based provider may not be limited or
 1308  excluded in any of these categories.
 1309         (c) Be responsible for the prudent use of all public and
 1310  private funds in accordance with all legal and contractual
 1311  requirements, safeguarding the effective use of federal, state,
 1312  and local resources to achieve the highest practicable level of
 1313  school readiness for the children described in s. 1002.87,
 1314  including:
 1315         1. The adoption of a uniform chart of accounts for
 1316  budgeting and financial reporting purposes that provides
 1317  standardized definitions for expenditures and reporting,
 1318  consistent with the requirements of 45 C.F.R. part 98 and s.
 1319  1002.89 for each of the following categories of expenditure:
 1320         a. Direct services to children.
 1321         b. Administrative costs.
 1322         c. Quality activities.
 1323         d. Nondirect services.
 1324         2. Coordination with other state and federal agencies to
 1325  perform data matches on children participating in the school
 1326  readiness program and their families in order to verify the
 1327  children’s eligibility pursuant to s. 1002.87.
 1328         (d) Establish procedures for the biennial calculation of
 1329  the prevailing average market rate or an alternative model
 1330  approved by the Administration for Children and Families
 1331  pursuant to 45 C.F.R. s. 98.45(c).
 1332         (e) Review each early learning coalition’s school readiness
 1333  program plan every 2 years and provide final approval of the
 1334  plan and any amendments submitted.
 1335         (f) Establish a unified approach to the state’s efforts to
 1336  coordinate a comprehensive early learning program. In support of
 1337  this effort, the office:
 1338         1. Shall adopt specific program support services that
 1339  address the state’s school readiness program, including:
 1340         a. Statewide data information program requirements that
 1341  include:
 1342         (I) Eligibility requirements.
 1343         (II) Financial reports.
 1344         (III) Program accountability measures.
 1345         (IV) Child progress reports.
 1346         b. Child care resource and referral services.
 1347         c. A single point of entry and uniform waiting list.
 1348         2. May provide technical assistance and guidance on
 1349  additional support services to complement the school readiness
 1350  program, including:
 1351         a.Rating and improvement systems.
 1352         a.b. Warm-Line services.
 1353         b.c. Anti-fraud plans.
 1354         d.School readiness program standards.
 1355         e.Child screening and assessments.
 1356         c.f. Training and support for parental involvement in
 1357  children’s early education.
 1358         d.g. Family literacy activities and services.
 1359         (g) Provide technical assistance to early learning
 1360  coalitions.
 1361         (h) In cooperation with the early learning coalitions,
 1362  coordinate with the Child Care Services Program Office of the
 1363  Department of Children and Families to reduce paperwork and to
 1364  avoid duplicating interagency activities, health and safety
 1365  monitoring, and acquiring and composing data pertaining to child
 1366  care training and credentialing.
 1367         (i) Enter into a memorandum of understanding with local
 1368  licensing agencies and the Child Care Services Program Office of
 1369  the Department of Children and Families for inspections of
 1370  school readiness program providers to monitor and verify
 1371  compliance with s. 1002.88 and the health and safety checklist
 1372  adopted by the office. The provider contract of a school
 1373  readiness program provider that refuses permission for entry or
 1374  inspection shall be terminated. The health and safety checklist
 1375  may not exceed the requirements of s. 402.305 and the Child Care
 1376  and Development Fund pursuant to 45 C.F.R. part 98. A child
 1377  development program accredited by a national accrediting body
 1378  and operating on a military installation certified by the United
 1379  States Department of Defense is exempted from the inspection
 1380  requirements under s. 1002.88.
 1381         (j) Monitor the alignment and consistency of the Develop
 1382  and adopt standards and benchmarks developed and adopted by the
 1383  office that address the age-appropriate progress of children in
 1384  the development of school readiness skills. The standards for
 1385  children from birth to kindergarten entry 5 years of age in the
 1386  school readiness program must be aligned with the performance
 1387  standards adopted for children in the Voluntary Prekindergarten
 1388  Education Program and must address the following domains:
 1389         1. Approaches to learning.
 1390         2. Cognitive development and general knowledge.
 1391         3. Numeracy, language, and communication.
 1392         4. Physical development.
 1393         5. Self-regulation.
 1394         (k) Identify observation-based child assessments that are
 1395  valid, reliable, and developmentally appropriate for use at
 1396  least three times a year. The assessments must:
 1397         1. Provide interval level and norm-referenced criterion
 1398  referenced data that measures equivalent levels of growth across
 1399  the core domains of early childhood development and that can be
 1400  used for determining developmentally appropriate learning gains.
 1401         2. Measure progress in the performance standards adopted
 1402  pursuant to paragraph (j).
 1403         3. Provide for appropriate accommodations for children with
 1404  disabilities and English language learners and be administered
 1405  by qualified individuals, consistent with the developer’s
 1406  instructions.
 1407         4. Coordinate with the performance standards adopted by the
 1408  department under s. 1002.67(1) for the Voluntary Prekindergarten
 1409  Education Program.
 1410         5. Provide data in a format for use in the single statewide
 1411  information system to meet the requirements of paragraph (q)
 1412  (p).
 1413         (l) Adopt a list of approved curricula that meet the
 1414  performance standards for the school readiness program and
 1415  establish a process for the review and approval of a provider’s
 1416  curriculum that meets the performance standards.
 1417         (m) Provide technical support to an early learning
 1418  coalition to facilitate the use of Adopt by rule a standard
 1419  statewide provider contract adopted by the office to be used
 1420  with each school readiness program provider, with standardized
 1421  attachments by provider type. The office shall publish a copy of
 1422  the standard statewide provider contract on its website. The
 1423  standard statewide contract shall include, at a minimum,
 1424  contracted slots, if applicable, in accordance with the Child
 1425  Care and Development Block Grant Act of 2014, 45 C.F.R. parts 98
 1426  and 99; quality improvement strategies, if applicable; program
 1427  assessment requirements; and provisions for provider probation,
 1428  termination for cause, and emergency termination for those
 1429  actions or inactions of a provider that pose an immediate and
 1430  serious danger to the health, safety, or welfare of the
 1431  children. The standard statewide provider contract shall also
 1432  include appropriate due process procedures. During the pendency
 1433  of an appeal of a termination, the provider may not continue to
 1434  offer its services. Any provision imposed upon a provider that
 1435  is inconsistent with, or prohibited by, law is void and
 1436  unenforceable. Provisions for termination for cause must also
 1437  include failure to meet the minimum quality measures established
 1438  under paragraph (n) for a period of up to 5 years, unless the
 1439  coalition determines that the provider is essential to meeting
 1440  capacity needs based on the assessment under s. 1002.85(2)(j)
 1441  and the provider has an active improvement plan pursuant to
 1442  paragraph (n).
 1443         (n) Adopt a program assessment for school readiness program
 1444  providers that measures the quality of teacher-child
 1445  interactions, including emotional and behavioral support,
 1446  engaged support for learning, classroom organization, and
 1447  instructional support for children ages birth to 5 years. The
 1448  implementation of the program assessment must also include the
 1449  following components adopted by the office:
 1450         1. Quality measures, including a minimum program assessment
 1451  composite score threshold for contracting purposes and program
 1452  improvement through an improvement plan.
 1453         2. Requirements for program participation, frequency of
 1454  program assessment, and exemptions.
 1455         (o) No later than July 1, 2019, develop a differential
 1456  payment program based on the quality measures adopted by the
 1457  office under paragraph (n). The differential payment may not
 1458  exceed a total of 15 percent for each care level and unit of
 1459  child care for a child care provider. No more than 5 percent of
 1460  the 15 percent total differential may be provided to providers
 1461  who submit valid and reliable data to the statewide information
 1462  system in the domains of language and executive functioning
 1463  using a child assessment identified pursuant to paragraph (k).
 1464  Providers below the minimum program assessment score adopted
 1465  threshold for contracting purposes are ineligible for such
 1466  payment.
 1467         (p)No later than July 1, 2022, develop and adopt
 1468  requirements for the implementation of a program designed to
 1469  make available contracted slots to serve children at the
 1470  greatest risk of school failure as determined by such children
 1471  being located in an area that has been designated as a poverty
 1472  area tract according to the latest census data. The contracted
 1473  slot program may also be used to increase the availability of
 1474  child care capacity based on the assessment under s.
 1475  1002.85(2)(j).
 1476         (q)(p) Establish a single statewide information system that
 1477  each coalition must use for the purposes of managing the single
 1478  point of entry, tracking children’s progress, coordinating
 1479  services among stakeholders, determining eligibility of
 1480  children, tracking child attendance, and streamlining
 1481  administrative processes for providers and early learning
 1482  coalitions. By July 1, 2019, the system, subject to ss. 1002.72
 1483  and 1002.97, shall:
 1484         1. Allow a parent to monitor the development of his or her
 1485  child as the child moves among programs within the state.
 1486         2. Enable analysis at the state, regional, and local level
 1487  to measure child growth over time, program impact, and quality
 1488  improvement and investment decisions.
 1489         (r)(q)Provide technical support to coalitions to
 1490  facilitate the use of Adopt by rule standardized procedures
 1491  adopted by the office for early learning coalitions to use when
 1492  monitoring the compliance of school readiness program providers
 1493  with the terms of the standard statewide provider contract.
 1494         (s)(r)At least biennially provide fiscal and programmatic
 1495  monitoring to Monitor and evaluate the performance of each early
 1496  learning coalition in administering the school readiness
 1497  program, ensuring proper payments for school readiness program
 1498  services, implementing the coalition’s school readiness program
 1499  plan, and administering the Voluntary Prekindergarten Education
 1500  Program. These monitoring and performance evaluations must
 1501  include, at a minimum, onsite monitoring of each coalition’s
 1502  finances, management, operations, and programs.
 1503         (t)(s) Work in conjunction with the Bureau of Federal
 1504  Education Programs within the Department of Education to
 1505  coordinate readiness and voluntary prekindergarten services to
 1506  the populations served by the bureau.
 1507         (u)(t) Administer a statewide toll-free Warm-Line to
 1508  provide assistance and consultation to child care facilities and
 1509  family day care homes regarding health, developmental,
 1510  disability, and special needs issues of the children they are
 1511  serving, particularly children with disabilities and other
 1512  special needs. The office shall:
 1513         1. Annually inform child care facilities and family day
 1514  care homes of the availability of this service through the child
 1515  care resource and referral network under s. 1002.92.
 1516         2. Expand or contract for the expansion of the Warm-Line to
 1517  maintain at least one Warm-Line in each early learning coalition
 1518  service area.
 1519         (v)(u) Develop and implement strategies to increase the
 1520  supply and improve the quality of child care services for
 1521  infants and toddlers, children with disabilities, children who
 1522  receive care during nontraditional hours, children in
 1523  underserved areas, and children in areas that have significant
 1524  concentrations of poverty and unemployment.
 1525         (w)(v) Establish preservice and inservice training
 1526  requirements that address, at a minimum, school readiness child
 1527  development standards, health and safety requirements, and
 1528  social-emotional behavior intervention models, which may include
 1529  positive behavior intervention and support models, including the
 1530  integration of early learning professional development pathways
 1531  established in s. 1002.995.
 1532         (x)(w) Establish standards for emergency preparedness plans
 1533  for school readiness program providers.
 1534         (y)(x) Establish group sizes.
 1535         (z)(y) Establish staff-to-children ratios that do not
 1536  exceed the requirements of s. 402.302(8) or (11) or s.
 1537  402.305(4), as applicable, for school readiness program
 1538  providers.
 1539         (aa)(z) Establish eligibility criteria, including
 1540  limitations based on income and family assets, in accordance
 1541  with s. 1002.87 and federal law.
 1542         (3)(a)The office shall adopt performance standards and
 1543  outcome measures for early learning coalitions that, at a
 1544  minimum, include the development of objective and statistically
 1545  valid customer service surveys by a state university or other
 1546  independent researcher with specific expertise in customer
 1547  service survey development. The survey shall be deployed
 1548  beginning in fiscal year 2023-2024 and be distributed to:
 1549         1.Customers who use the services in s. 1002.92 upon the
 1550  completion of a referral inquiry.
 1551         2.Parents annually at the time of eligibility
 1552  determination.
 1553         3.Child care providers that participate in the school
 1554  readiness program or the Voluntary Prekindergarten Education
 1555  Program at the time of execution of the statewide provider
 1556  contract.
 1557         4.Board members required under s. 1002.83.
 1558         (b)Results of the survey shall be based on a statistically
 1559  significant sample size of completed surveys and calculated
 1560  annually for each early learning coalition and included in the
 1561  department’s annual report under subsection (7). If an early
 1562  learning coalition’s customer satisfaction survey results are
 1563  below 60 percent, the coalition shall be placed on a 1-year
 1564  corrective action plan that outlines specific steps the
 1565  coalition shall take to improve the results of the customer
 1566  service surveys, including, but not limited to, technical
 1567  assistance, staff professional development or coaching.
 1568         (4)(3) If the office determines during the review of school
 1569  readiness program plans, or through monitoring and performance
 1570  evaluations conducted under s. 1002.85, that an early learning
 1571  coalition has not substantially implemented its plan, has not
 1572  substantially met the performance standards and outcome measures
 1573  adopted by the office or the terms of a customer service
 1574  corrective action plan, or has not effectively administered the
 1575  school readiness program or Voluntary Prekindergarten Education
 1576  Program, the office may remove the coalition from eligibility to
 1577  administer early learning programs and temporarily contract with
 1578  a qualified entity to continue school readiness program and
 1579  prekindergarten services in the coalition’s county or
 1580  multicounty region until the office reestablishes or merges the
 1581  coalition and a new school readiness program plan is approved in
 1582  accordance with the rules adopted by the office.
 1583         (5)The office shall adopt procedures for merging early
 1584  learning coalitions for failure to meet the requirements of
 1585  subsection (3) or subsection (4), including procedures for the
 1586  consolidation of merging coalitions that minimizes duplication
 1587  of programs and services due to the merger, and for the early
 1588  termination of the terms of the coalition members which are
 1589  necessary to accomplish the mergers.
 1590         (6)(4) The office may request the Governor to apply for a
 1591  waiver to allow a coalition to administer the Head Start Program
 1592  to accomplish the purposes of the school readiness program.
 1593         (7)(5) By January 1 of each year, the office shall annually
 1594  publish on its website a report of its activities conducted
 1595  under this section. The report must include a summary of the
 1596  coalitions’ annual reports, a statewide summary, and the
 1597  following:
 1598         (a) An analysis of early learning activities throughout the
 1599  state, including the school readiness program and the Voluntary
 1600  Prekindergarten Education Program.
 1601         1. The total and average number of children served in the
 1602  school readiness program, enumerated by age, eligibility
 1603  priority category, and coalition, and the total number of
 1604  children served in the Voluntary Prekindergarten Education
 1605  Program.
 1606         2. A summary of expenditures by coalition, by fund source,
 1607  including a breakdown by coalition of the percentage of
 1608  expenditures for administrative activities, quality activities,
 1609  nondirect services, and direct services for children.
 1610         3. A description of the office’s and each coalition’s
 1611  expenditures by fund source for the quality and enhancement
 1612  activities described in s. 1002.89(6)(b).
 1613         4. A summary of annual findings and collections related to
 1614  provider fraud and parent fraud.
 1615         5. Data regarding the coalitions’ delivery of early
 1616  learning programs.
 1617         6. The total number of children disenrolled statewide and
 1618  the reason for disenrollment.
 1619         7. The total number of providers by provider type.
 1620         8. The number of school readiness program providers who
 1621  have completed the program assessment required under paragraph
 1622  (2)(n); the number of providers who have not met the minimum
 1623  program assessment composite score threshold for contracting
 1624  established under paragraph (2)(n); and the number of providers
 1625  that have an active improvement plan based on the results of the
 1626  program assessment under paragraph (2)(n).
 1627         9. The total number of provider contracts revoked and the
 1628  reasons for revocation.
 1629         (b) A detailed summary of the analysis compiled using the
 1630  single statewide information system established in subsection
 1631  (2) activities and detailed expenditures related to the Child
 1632  Care Executive Partnership Program.
 1633         (8)(a)(6)(a) Parental choice of child care providers,
 1634  including private and faith-based providers, shall be
 1635  established to the maximum extent practicable in accordance with
 1636  45 C.F.R. s. 98.30.
 1637         (b) As used in this subsection, the term “payment
 1638  certificate” means a child care certificate as defined in 45
 1639  C.F.R. s. 98.2.
 1640         (c) The school readiness program shall, in accordance with
 1641  45 C.F.R. s. 98.30, provide parental choice through a payment
 1642  certificate that provides, to the maximum extent possible,
 1643  flexibility in the school readiness program and payment
 1644  arrangements. The payment certificate must bear the names of the
 1645  beneficiary and the program provider and, when redeemed, must
 1646  bear the signatures of both the beneficiary and an authorized
 1647  representative of the provider.
 1648         (d) If it is determined that a provider has given any cash
 1649  or other consideration to the beneficiary in return for
 1650  receiving a payment certificate, the early learning coalition or
 1651  its fiscal agent shall refer the matter to the Department of
 1652  Financial Services pursuant to s. 414.411 for investigation.
 1653         (9)(7) Participation in the school readiness program does
 1654  not expand the regulatory authority of the state, its officers,
 1655  or an early learning coalition to impose any additional
 1656  regulation on providers beyond those necessary to enforce the
 1657  requirements set forth in this part and part V of this chapter.
 1658         Section 23. Present subsections (5) through (14) of section
 1659  1002.83, Florida Statutes, are redesignated as subsections (6)
 1660  through (15), respectively, a new subsection (5) is added to
 1661  that section, and subsections (1) and (3), paragraphs (e), (f),
 1662  and (m) of subsection (4), and present subsections (5), (11),
 1663  and (13) of that section are amended, to read:
 1664         1002.83 Early learning coalitions.—
 1665         (1) Thirty Thirty-one or fewer early learning coalitions
 1666  are established and shall maintain direct enhancement services
 1667  at the local level and provide access to such services in all 67
 1668  counties. Two or more early learning coalitions may join for
 1669  purposes of planning and implementing a school readiness program
 1670  and the Voluntary Prekindergarten Education Program.
 1671         (3) The Governor shall appoint the chair and two other
 1672  members of each early learning coalition, who must each meet the
 1673  same qualifications of a as private sector business member
 1674  members appointed by the coalition under subsection (6) (5). In
 1675  the absence of a governor-appointed chair, the Executive
 1676  Director of the Office of Early Learning may appoint an interim
 1677  chair from the current early learning coalition board
 1678  membership.
 1679         (4) Each early learning coalition must include the
 1680  following member positions; however, in a multicounty coalition,
 1681  each ex officio member position may be filled by multiple
 1682  nonvoting members but no more than one voting member shall be
 1683  seated per member position. If an early learning coalition has
 1684  more than one member representing the same entity, only one of
 1685  such members may serve as a voting member:
 1686         (e) A children’s services council or juvenile welfare board
 1687  chair or executive director from each county, if applicable.
 1688         (f) A Department of Children and Families child care
 1689  regulation representative or an agency head of a local licensing
 1690  agency as defined in s. 402.302, where applicable.
 1691         (m)A central agency administrator, where applicable.
 1692         (5)If members of the board are found to be
 1693  nonparticipating according to the early learning coalition
 1694  bylaws, the early learning coalition may request an alternate
 1695  designee who meets the same qualifications or membership
 1696  requirements of the nonparticipating member.
 1697         (6)(5)The early learning coalition may appoint additional
 1698  Including the members who appointed by the Governor under
 1699  subsection (3), more than one-third of the members of each early
 1700  learning coalition must be private sector business members,
 1701  either for-profit or nonprofit, who do not have, and none of
 1702  whose relatives as defined in s. 112.3143 has, a substantial
 1703  financial interest in the design or delivery of the Voluntary
 1704  Prekindergarten Education Program created under part V of this
 1705  chapter or the school readiness program. To meet this
 1706  requirement, an early learning coalition must appoint additional
 1707  members. The office shall establish criteria for appointing
 1708  private sector business members. These criteria must include
 1709  standards for determining whether a member or relative has a
 1710  substantial financial interest in the design or delivery of the
 1711  Voluntary Prekindergarten Education Program or the school
 1712  readiness program.
 1713         (12)(11) Each early learning coalition shall establish
 1714  terms for all appointed members of the coalition. The terms must
 1715  be staggered and must be a uniform length that does not exceed 4
 1716  years per term. Coalition chairs shall be appointed for 4 years
 1717  pursuant to s. 20.052. Appointed members may serve a maximum of
 1718  two consecutive terms. When a vacancy occurs in an appointed
 1719  position, the coalition must advertise the vacancy.
 1720         (14)(13) Each early learning coalition shall complete an
 1721  annual evaluation of the early learning coalition’s executive
 1722  director or chief executive officer. The annual evaluation must
 1723  be submitted to the Executive Director of the Office of Early
 1724  Learning by August 30 of each year use a coordinated
 1725  professional development system that supports the achievement
 1726  and maintenance of core competencies by school readiness program
 1727  teachers in helping children attain the performance standards
 1728  adopted by the office.
 1729         Section 24. Present subsections (7) through (20) of section
 1730  1002.84, Florida Statutes, are redesignated as subsections (8)
 1731  through (21), respectively, a new subsection (7) is added to
 1732  that section, and subsection (4), present subsections (8) and
 1733  (16), paragraph (a) of present subsection (18), and present
 1734  subsection (20) of that section are amended, to read:
 1735         1002.84 Early learning coalitions; school readiness powers
 1736  and duties.—Each early learning coalition shall:
 1737         (4) Establish a regional Warm-Line as directed by the
 1738  office pursuant to s. 1002.82(2)(u) s. 1002.82(2)(t). Regional
 1739  Warm-Line staff shall provide onsite technical assistance, when
 1740  requested, to assist child care facilities and family day care
 1741  homes with inquiries relating to the strategies, curriculum, and
 1742  environmental adaptations the child care facilities and family
 1743  day care homes may need as they serve children with disabilities
 1744  and other special needs.
 1745         (7)Use a coordinated professional development system that
 1746  supports the achievement and maintenance of core competencies by
 1747  school readiness program teachers in helping children attain the
 1748  performance standards adopted by the office.
 1749         (9)(8) Establish a parent sliding fee scale that provides
 1750  for a parent copayment that is not a barrier to families
 1751  receiving school readiness program services. Providers are
 1752  required to collect the parent’s copayment. A coalition may, on
 1753  a case-by-case basis, waive the copayment for an at-risk child
 1754  or temporarily waive the copayment for a child whose family’s
 1755  income is at or below the federal poverty level or and whose
 1756  family experiences a natural disaster or an event that limits
 1757  the parent’s ability to pay, such as incarceration, placement in
 1758  residential treatment, or becoming homeless, or an emergency
 1759  situation such as a household fire or burglary, or while the
 1760  parent is participating in parenting classes or participating in
 1761  an Early Head Start program or the Head Start Program. A parent
 1762  may not transfer school readiness program services to another
 1763  school readiness program provider until the parent has submitted
 1764  documentation from the current school readiness program provider
 1765  to the early learning coalition stating that the parent has
 1766  satisfactorily fulfilled the copayment obligation.
 1767         (17)(16) Adopt a payment schedule that encompasses all
 1768  programs funded under this part and part V of this chapter. The
 1769  payment schedule must take into consideration the prevailing
 1770  average market rate or an alternative model that has been
 1771  approved by the Administration for Children and Families
 1772  pursuant to 45 C.F.R. 98.45(c), include the projected number of
 1773  children to be served, and be submitted for approval by the
 1774  office. Informal child care arrangements shall be reimbursed at
 1775  not more than 50 percent of the rate adopted for a family day
 1776  care home.
 1777         (19)(18) By October 1 of each year, submit an annual report
 1778  to the office. The report shall conform to the format adopted by
 1779  the office and must include:
 1780         (a) Segregation of school readiness program funds,
 1781  Voluntary Prekindergarten Education Program funds, Child Care
 1782  Executive Partnership Program funds, and other local revenues
 1783  available to the coalition.
 1784         (21)(a)(20) To increase transparency and accountability,
 1785  comply with the requirements of this section before contracting
 1786  with one or more of the following persons or business entities
 1787  which employs, has a contractual relationship with, or is owned
 1788  by the following persons:
 1789         1. A member of the coalition appointed pursuant to s.
 1790  1002.83(4);
 1791         2.A board member of any other early learning subrecipient
 1792  entity;
 1793         3.A coalition employee; or
 1794         4. A relative, as defined in s. 112.3143(1)(c), of any
 1795  person listed in subparagraphs 1.-3 a coalition member or of an
 1796  employee of the coalition.
 1797         (b) Such contracts may not be executed without the approval
 1798  of the office. Such contracts, as well as documentation
 1799  demonstrating adherence to this section by the coalition, must
 1800  be approved by a two-thirds vote of the coalition, a quorum
 1801  having been established; all conflicts of interest must be
 1802  disclosed before the vote; and any member who may benefit from
 1803  the contract, or whose relative may benefit from the contract,
 1804  must abstain from the vote. A contract under $25,000 between an
 1805  early learning coalition and a member of that coalition or
 1806  between a relative, as defined in s. 112.3143(1)(c), of a
 1807  coalition member or of an employee of the coalition is not
 1808  required to have the prior approval of the office but must be
 1809  approved by a two-thirds vote of the coalition, a quorum having
 1810  been established, and must be reported to the office within 30
 1811  days after approval. If a contract cannot be approved by the
 1812  office, a review of the decision to disapprove the contract may
 1813  be requested by the early learning coalition or other parties to
 1814  the disapproved contract.
 1815         Section 25. Paragraphs (c) and (f) of subsection (2) of
 1816  section 1002.85, Florida Statutes, are amended to read:
 1817         1002.85 Early learning coalition plans.—
 1818         (2) Each early learning coalition must biennially submit a
 1819  school readiness program plan to the office before the
 1820  expenditure of funds. A coalition may not implement its school
 1821  readiness program plan until it receives approval from the
 1822  office. A coalition may not implement any revision to its school
 1823  readiness program plan until the coalition submits the revised
 1824  plan to and receives approval from the office. If the office
 1825  rejects a plan or revision, the coalition must continue to
 1826  operate under its previously approved plan. The plan must
 1827  include, but is not limited to:
 1828         (c) The coalition’s procedures for implementing the
 1829  requirements of this part, including:
 1830         1. Single point of entry.
 1831         2. Uniform waiting list.
 1832         3. Eligibility and enrollment processes and local
 1833  eligibility priorities for children pursuant to s. 1002.87.
 1834         4. Parent access and choice.
 1835         5. Sliding fee scale and policies on applying the waiver or
 1836  reduction of fees in accordance with s. 1002.84(9) s.
 1837  1002.84(8).
 1838         6. Use of preassessments and postassessments, as
 1839  applicable.
 1840         7. Payment rate schedule.
 1841         8. Use of contracted slots, as applicable, based on the
 1842  results of the assessment required under paragraph (j).
 1843         (f) A detailed accounting, in the format prescribed by the
 1844  office, of all revenues and expenditures during the previous
 1845  state fiscal year. Revenue sources should be identifiable, and
 1846  expenditures should be reported by two three categories: state
 1847  and federal funds and, local matching funds, and Child Care
 1848  Executive Partnership Program funds.
 1849         Section 26. Paragraphs (a), (c), and (p) of subsection (1)
 1850  of section 1002.88, Florida Statutes, are amended, and paragraph
 1851  (s) is added to that subsection, to read:
 1852         1002.88 School readiness program provider standards;
 1853  eligibility to deliver the school readiness program.—
 1854         (1) To be eligible to deliver the school readiness program,
 1855  a school readiness program provider must:
 1856         (a) Be a child care facility licensed under s. 402.305, a
 1857  family day care home licensed or registered under s. 402.313, a
 1858  large family child care home licensed under s. 402.3131, a
 1859  public school or nonpublic school exempt from licensure under s.
 1860  402.3025, a faith-based child care provider exempt from
 1861  licensure under s. 402.316, a before-school or after-school
 1862  program described in s. 402.305(1)(c), a child development
 1863  program accredited by a national accrediting body and operating
 1864  on a military installation certified by the United States
 1865  Department of Defense, or an informal child care provider to the
 1866  extent authorized in the state’s Child Care and Development Fund
 1867  Plan as approved by the United States Department of Health and
 1868  Human Services pursuant to 45 C.F.R. s. 98.18, or a provider who
 1869  has been issued a provisional license pursuant to s. 402.309. A
 1870  provider may not deliver the program while holding a probation
 1871  status license under s. 402.310.
 1872         (c) Provide basic health and safety of its premises and
 1873  facilities and compliance with requirements for age-appropriate
 1874  immunizations of children enrolled in the school readiness
 1875  program.
 1876         1. For a provider that is licensed, compliance with s.
 1877  402.305, s. 402.3131, or s. 402.313 and this subsection, as
 1878  verified pursuant to s. 402.311, satisfies this requirement.
 1879         2. For a provider that is a registered family day care home
 1880  or is not subject to licensure or registration by the Department
 1881  of Children and Families, compliance with this subsection, as
 1882  verified pursuant to s. 402.311, satisfies this requirement.
 1883  Upon verification pursuant to s. 402.311, the provider shall
 1884  annually post the health and safety checklist adopted by the
 1885  office prominently on its premises in plain sight for visitors
 1886  and parents and shall annually submit the checklist to its local
 1887  early learning coalition.
 1888         3.For a child development program accredited by a national
 1889  accrediting body and operating on a military installation
 1890  certified by the United States Department of Defense, the
 1891  submission and verification of annual inspections pursuant to
 1892  United States Department of Defense Instructions 6060.2 and
 1893  1402.05 satisfies this requirement.
 1894         (p) Notwithstanding paragraph (m), for a provider that is a
 1895  state agency or a subdivision thereof, as defined in s.
 1896  768.28(2), agree to notify the coalition of any additional
 1897  liability coverage maintained by the provider in addition to
 1898  that otherwise established under s. 768.28. The provider shall
 1899  indemnify the coalition to the extent permitted by s. 768.28.
 1900  Notwithstanding paragraph (m), for a child development program
 1901  accredited by a national accrediting body and operating on a
 1902  military installation certified by the United States Department
 1903  of Defense, the provider may demonstrate liability coverage by
 1904  affirming that it is subject to the Federal Tort Claims Act, 28
 1905  U.S.C. ss. 2671 et seq.
 1906         (s)Collect all parent copayment fees unless a waiver has
 1907  been granted under s. 1002.84(9).
 1908         Section 27. Paragraph (a) of subsection (1), paragraph (a)
 1909  of subsection (2), and subsections (4) and (6) of section
 1910  1002.895, Florida Statutes, are amended to read:
 1911         1002.895 Market rate schedule.—The school readiness program
 1912  market rate schedule shall be implemented as follows:
 1913         (1) The office shall establish procedures for the adoption
 1914  of a market rate schedule until an alternative model that has
 1915  been approved by the Administration for Children and Families
 1916  pursuant to 45 C.F.R. s. 98.45(c) is available for adoption. The
 1917  schedule must include, at a minimum, county-by-county rates:
 1918         (a) The market rate, including the minimum and the maximum
 1919  rates for child care providers that hold a Gold Seal Quality
 1920  Care designation under s. 1002.945 and adhere to its accrediting
 1921  association’s teacher-to-child ratios and group size
 1922  requirements s. 402.281.
 1923         (2) The market rate schedule, at a minimum, must:
 1924         (a) Differentiate rates by type, including, but not limited
 1925  to, a child care provider that holds a Gold Seal Quality Care
 1926  designation under s. 1002.945 and adheres to its accrediting
 1927  association’s teacher-to-child ratios and group size
 1928  requirements s. 402.281, a child care facility licensed under s.
 1929  402.305, a public or nonpublic school exempt from licensure
 1930  under s. 402.3025, a faith-based child care facility exempt from
 1931  licensure under s. 402.316 that does not hold a Gold Seal
 1932  Quality Care designation, a large family child care home
 1933  licensed under s. 402.3131, or a family day care home licensed
 1934  or registered under s. 402.313.
 1935         (4) The market rate schedule shall be considered by an
 1936  early learning coalition in the adoption of a payment schedule.
 1937  The payment schedule must take into consideration the prevailing
 1938  average market rate and, include the projected number of
 1939  children to be served by each county, and be submitted for
 1940  approval by the office. Informal child care arrangements shall
 1941  be reimbursed at not more than 50 percent of the rate adopted
 1942  for a family day care home.
 1943         (6) The office may adopt rules for establishing procedures
 1944  for the collection of child care providers’ market rate, the
 1945  calculation of the prevailing average market rate by program
 1946  care level and provider type in a predetermined geographic
 1947  market, and the publication of the market rate schedule.
 1948         Section 28. Subsection (1) and paragraphs (a), (c), and (d)
 1949  of subsection (3) of section 1002.92, Florida Statutes, are
 1950  amended to read:
 1951         1002.92 Child care and early childhood resource and
 1952  referral.—
 1953         (1) As a part of the school readiness program, the office
 1954  shall establish a statewide child care resource and referral
 1955  network that is unbiased and provides referrals to families for
 1956  child care and information on available community resources.
 1957  Preference shall be given to using early learning coalitions as
 1958  the child care resource and referral agencies. If an early
 1959  learning coalition cannot comply with the requirements to offer
 1960  the resource information component or does not want to offer
 1961  that service, the early learning coalition shall select the
 1962  resource and referral agency for its county or multicounty
 1963  region based upon the procurement requirements of s. 1002.84(13)
 1964  s. 1002.84(12).
 1965         (3) Child care resource and referral agencies shall provide
 1966  the following services:
 1967         (a) Identification of existing public and private child
 1968  care and early childhood education services, including child
 1969  care services by public and private employers, and the
 1970  development of an early learning provider performance profile a
 1971  resource file of those services through the single statewide
 1972  information system developed by the office under s.
 1973  1002.82(2)(q) s. 1002.82(2)(p). These services may include
 1974  family day care, public and private child care programs, the
 1975  Voluntary Prekindergarten Education Program, Head Start, the
 1976  school readiness program, special education programs for
 1977  prekindergarten children with disabilities, services for
 1978  children with developmental disabilities, full-time and part
 1979  time programs, before-school and after-school programs, and
 1980  vacation care programs, parent education, the temporary cash
 1981  assistance program, and related family support services. The
 1982  early learning provider performance profile resource file shall
 1983  include, but not be limited to:
 1984         1. Type of program.
 1985         2. Hours of service.
 1986         3. Ages of children served.
 1987         4. Number of children served.
 1988         5. Program information.
 1989         6. Fees and eligibility for services.
 1990         7. Availability of transportation.
 1991         8.Participation in the Child Care Food Program, if
 1992  applicable.
 1993         9.A link to licensing inspection reports, if applicable.
 1994         10.The components of the Voluntary Prekindergarten
 1995  Education Program performance metric calculated under s. 1002.68
 1996  that must consist of the program assessment composite score,
 1997  learning gains score, achievement score, and its designations,
 1998  if applicable.
 1999         11.The school readiness program assessment composite score
 2000  and program assessment care level composite score results
 2001  delineated by infant classrooms, toddler classrooms, and
 2002  preschool classrooms results under s. 1002.82, if applicable.
 2003         12.Gold Seal Quality Care designation under s. 1002.945,
 2004  if applicable.
 2005         13.Indication of whether the provider implements a
 2006  curriculum approved by the office and the name of the
 2007  curriculum, if applicable.
 2008         14.Participation in school readiness child assessment
 2009  under s. 1002.82.
 2010         (c) Maintenance of ongoing documentation of requests for
 2011  service tabulated through the internal referral process through
 2012  the single statewide information system. The following
 2013  documentation of requests for service shall be maintained by the
 2014  child care resource and referral network:
 2015         1. Number of calls and contacts to the child care resource
 2016  information and referral network component by type of service
 2017  requested.
 2018         2. Ages of children for whom service was requested.
 2019         3. Time category of child care requests for each child.
 2020         4. Special time category, such as nights, weekends, and
 2021  swing shift.
 2022         5. Reason that the child care is needed.
 2023         6. Customer service survey data required under s.
 2024  1002.82(3) Name of the employer and primary focus of the
 2025  business for an employer-based child care program.
 2026         (d) Assistance to families which connects them to parent
 2027  education opportunities, the temporary cash assistance program,
 2028  or social services programs that support families with children,
 2029  and related child development support services Provision of
 2030  technical assistance to existing and potential providers of
 2031  child care services. This assistance may include:
 2032         1.Information on initiating new child care services,
 2033  zoning, and program and budget development and assistance in
 2034  finding such information from other sources.
 2035         2.Information and resources which help existing child care
 2036  services providers to maximize their ability to serve children
 2037  and parents in their community.
 2038         3.Information and incentives that may help existing or
 2039  planned child care services offered by public or private
 2040  employers seeking to maximize their ability to serve the
 2041  children of their working parent employees in their community,
 2042  through contractual or other funding arrangements with
 2043  businesses.
 2044         Section 29. Section 402.281, Florida Statutes, is
 2045  transferred, renumbered as section 1002.945, Florida Statutes,
 2046  and amended to read:
 2047         1002.945 402.281 Gold Seal Quality Care program.—
 2048         (1)(a) There is established within the Office of Early
 2049  Learning department the Gold Seal Quality Care Program.
 2050         (b) A child care facility, large family child care home, or
 2051  family day care home that is accredited by an accrediting
 2052  association approved by the office department under subsection
 2053  (3) and meets all other requirements shall, upon application to
 2054  the department, receive a separate “Gold Seal Quality Care”
 2055  designation.
 2056         (2) The office department shall adopt rules establishing
 2057  Gold Seal Quality Care accreditation standards using nationally
 2058  recognized accrediting standards and input from accrediting
 2059  associations based on the applicable accrediting standards of
 2060  the National Association for the Education of Young Children
 2061  (NAEYC), the National Association of Family Child Care, and the
 2062  National Early Childhood Program Accreditation Commission.
 2063         (3)(a) In order to be approved by the office department for
 2064  participation in the Gold Seal Quality Care program, an
 2065  accrediting association must apply to the office department and
 2066  demonstrate that it:
 2067         1. Is a recognized accrediting association.
 2068         2. Has accrediting standards that substantially meet or
 2069  exceed the Gold Seal Quality Care standards adopted by the
 2070  office department under subsection (2).
 2071         3.Is a registered corporation with the Department of
 2072  State.
 2073         4.Can provide evidence that the process for accreditation
 2074  has, at a minimum, all of the following components:
 2075         a.Clearly defined prerequisites that a child care provider
 2076  must meet before beginning the accreditation process. However,
 2077  accreditation may not be granted to a child care facility, large
 2078  family child care home, or family day care home before the site
 2079  is operational and is attended by children.
 2080         b.Procedures for completion of a self-study and
 2081  comprehensive onsite verification process for each classroom
 2082  that documents compliance with accrediting standards.
 2083         c.A training process for accreditation verifiers to ensure
 2084  inter-rater reliability.
 2085         d.Ongoing compliance procedures that include requiring
 2086  each accredited child care facility, large family child care
 2087  home, and family day care home to file an annual report with the
 2088  accrediting association and risk-based, onsite auditing
 2089  protocols for accredited child care facilities, large family
 2090  child care homes, and family day care homes.
 2091         e.Procedures for the revocation of accreditation due to
 2092  failure to maintain accrediting standards as evidenced by sub
 2093  subparagraph d. or any other relevant information received by
 2094  the accrediting association.
 2095         f.Accreditation renewal procedures that include an onsite
 2096  verification occurring at least every 5 years.
 2097         g.A process for verifying continued accreditation
 2098  compliance in the event of a transfer of ownership of
 2099  facilities.
 2100         h.A process to communicate issues that arise during the
 2101  accreditation period with governmental entities that have a
 2102  vested interest in the Gold Seal Quality Care Program, including
 2103  the office, the Department of Children and Families, the
 2104  Department of Health, local licensing entities if applicable,
 2105  and the early learning coalition.
 2106         (b)The office shall establish a process that verifies that
 2107  the accrediting association meets the provisions of paragraph
 2108  (a), which must include an auditing program and any other
 2109  procedures that may reasonably determine an accrediting
 2110  association’s compliance with this section. If an accrediting
 2111  association is not in compliance and fails to cure its
 2112  deficiencies within 30 days, the office shall recommend to the
 2113  state board termination of the accrediting association’s
 2114  participation as an accrediting association in the program for a
 2115  period of at least 2 years but no more than 5 years. If an
 2116  accrediting association is removed from being an approved
 2117  accrediting association, each child care provider accredited by
 2118  that association shall have up to 1 year to obtain a new
 2119  accreditation from an office approved accreditation association.
 2120         (c)If an accrediting association has granted accreditation
 2121  to a child care facility, large family child care home, or
 2122  family day care under fraudulent terms or failed to conduct
 2123  onsite verifications, the accrediting association shall be
 2124  liable for the repayment of any rate differentials paid under
 2125  subsection (6).
 2126         (b)In approving accrediting associations, the department
 2127  shall consult with the Department of Education, the Florida Head
 2128  Start Directors Association, the Florida Association of Child
 2129  Care Management, the Florida Family Child Care Home Association,
 2130  the Florida Children’s Forum, the Florida Association for the
 2131  Education of the Young, the Child Development Education
 2132  Alliance, the Florida Association of Academic Nonpublic Schools,
 2133  the Association of Early Learning Coalitions, providers
 2134  receiving exemptions under s. 402.316, and parents.
 2135         (4) In order to obtain and maintain a designation as a Gold
 2136  Seal Quality Care provider, a child care facility, large family
 2137  child care home, or family day care home must meet the following
 2138  additional criteria:
 2139         (a) The child care provider must not have had any class I
 2140  violations, as defined by rule of the Department of Children and
 2141  Families, within the 2 years preceding its application for
 2142  designation as a Gold Seal Quality Care provider. Commission of
 2143  a class I violation shall be grounds for termination of the
 2144  designation as a Gold Seal Quality Care provider until the
 2145  provider has no class I violations for a period of 2 years.
 2146         (b) The child care provider must not have had three or more
 2147  class II violations, as defined by rule of the Department of
 2148  Children and Families, within the 2 years preceding its
 2149  application for designation as a Gold Seal Quality Care
 2150  provider. Commission of three or more class II violations within
 2151  a 2-year period shall be grounds for termination of the
 2152  designation as a Gold Seal Quality Care provider until the
 2153  provider has no class II violations for a period of 1 year.
 2154         (c) The child care provider must not have been cited for
 2155  the same class III violation, as defined by rule of the
 2156  Department of Children and Families, three or more times and
 2157  failed to correct the violation within 1 year after the date of
 2158  each citation, within the 2 years preceding its application for
 2159  designation as a Gold Seal Quality Care provider. Commission of
 2160  the same class III violation three or more times and failure to
 2161  correct within the required time during a 2-year period may be
 2162  grounds for termination of the designation as a Gold Seal
 2163  Quality Care provider until the provider has no class III
 2164  violations for a period of 1 year.
 2165         (d)Notwithstanding paragraph (a), if the office determines
 2166  through a formal process that a provider has been in business
 2167  for at least 5 years and has no other class I violations
 2168  recorded, the office may recommend to the state board that the
 2169  provider maintain its Gold Seal Quality Care status. The state
 2170  board’s determination regarding such provider’s status is final.
 2171         (5)A child care facility licensed pursuant to s. 402.305
 2172  or a child care facility exempt from licensing pursuant to s.
 2173  402.316 which achieves Gold Seal Quality Care status under this
 2174  section shall be considered an educational institution for the
 2175  purpose of qualifying for exemption from ad valorem tax under s.
 2176  196.198.
 2177         (6)A child care facility licensed pursuant to s. 402.305
 2178  or a child care facility exempt from licensing pursuant to s.
 2179  402.316 which achieves Gold Seal Quality Care status under this
 2180  section and which participates in the school readiness program
 2181  shall receive a minimum of a 20 percent rate differential for
 2182  each enrolled school readiness child by care level and unit of
 2183  child care.
 2184         (7)(5) The office Department of Children and Families shall
 2185  adopt rules under ss. 120.536(1) and 120.54 which provide
 2186  criteria and procedures for reviewing and approving accrediting
 2187  associations for participation in the Gold Seal Quality Care
 2188  program and, conferring and revoking designations of Gold Seal
 2189  Quality Care providers, and classifying violations.
 2190         Section 30. Section 1008.2125, Florida Statutes, is created
 2191  to read:
 2192         1008.2125Coordinated screening and progress monitoring
 2193  program for students in the Voluntary Prekindergarten Education
 2194  Program through grade 3.—
 2195         (1)The primary purpose of the coordinated screening and
 2196  progress monitoring program for students in the Voluntary
 2197  Prekindergarten Education Program through grade 3 is to provide
 2198  information on students’ progress in mastering the appropriate
 2199  grade level standards and to provide information on their
 2200  progress to parents, teachers, and school and program
 2201  administrators. Data shall be used by Voluntary Prekindergarten
 2202  Education Program providers and school districts to improve
 2203  instruction, by parents and teachers to guide learning
 2204  objectives and provide timely and appropriate supports and
 2205  interventions to students not meeting grade level expectations,
 2206  and by the public to assess the cost benefit of the expenditure
 2207  of taxpayer dollars. The coordinated screening and progress
 2208  monitoring program must:
 2209         (a)Assess the progress of students in the Voluntary
 2210  Prekindergarten Education Program through grade 3 in meeting the
 2211  appropriate expectations in early literacy and math skills and
 2212  in English Language Arts and mathematics, as required by ss.
 2213  1002.67(1)(a) and 1003.41.
 2214         (b)Provide data for accountability of the Voluntary
 2215  Prekindergarten Education Program, as required by s. 1002.68.
 2216         (c)Provide baseline data to the department of each
 2217  student’s readiness for kindergarten, which must be based on
 2218  each kindergarten student’s progress monitoring results within
 2219  the first 30 days of enrollment in accordance with paragraph
 2220  (2)(a). The methodology for determining a student’s readiness
 2221  for kindergarten shall be developed by the department and
 2222  aligned to the methodology adopted by the Office of Early
 2223  Learning in s. 1002.68(4).
 2224         (d)Identify the educational strengths and needs of
 2225  students in the Voluntary Prekindergarten Education Program
 2226  through grade 3.
 2227         (e)Provide teachers with progress monitoring data to
 2228  provide timely interventions and supports pursuant to s.
 2229  1008.25(4).
 2230         (f)Assess how well educational goals and curricular
 2231  standards are met at the provider, school, district, and state
 2232  levels.
 2233         (g)Provide information to aid in the evaluation and
 2234  development of educational programs and policies.
 2235         (2)The Commissioner of Education shall design a statewide,
 2236  standardized coordinated screening and progress monitoring
 2237  program to assess early literacy and mathematics skills and the
 2238  English Language Arts and mathematics standards established in
 2239  ss. 1002.67(1)(a) and 1003.41, respectively. The coordinated
 2240  screening and progress monitoring program must provide interval
 2241  level and norm-referenced data that measures equivalent levels
 2242  of growth; be a developmentally appropriate, valid, and reliable
 2243  direct assessment; be able to capture data on students who may
 2244  be performing below grade or developmental level and which may
 2245  enable the identification of early indicators of dyslexia or
 2246  other developmental delays; accurately measure the core content
 2247  in the applicable grade level standards; document learning gains
 2248  for the achievement of these standards; and provide teachers
 2249  with progress monitoring supports and materials that enhance
 2250  differentiated instruction and parent communication.
 2251  Participation in the coordinated screening and progress
 2252  monitoring program is mandatory for all students in the
 2253  Voluntary Prekindergarten Education Program and enrolled in a
 2254  public school in kindergarten through grade 3. The coordinated
 2255  screening and progress monitoring program shall be implemented
 2256  beginning in the 2022-2023 school year for students in the
 2257  Voluntary Prekindergarten Education Program and kindergarten
 2258  students, as follows:
 2259         (a)The coordinated screening and progress monitoring
 2260  program shall be administered within the first 30 days after
 2261  enrollment, midyear, and within the last 30 days of the program
 2262  or school year, in accordance with the rules adopted by the
 2263  State Board of Education. The state board may adopt alternate
 2264  timeframes to address nontraditional school year calendars or
 2265  summer programs to ensure administration of the coordinated
 2266  screening and progress monitoring program is administered a
 2267  minimum of 3 times within a year or program.
 2268         (b)The results of the coordinated screening and progress
 2269  monitoring program shall be reported to the department, in
 2270  accordance with the rules adopted by the state board, and
 2271  maintained in the department’s educational data warehouse.
 2272         (3)The Commissioner of Education shall:
 2273         (a)Develop a plan, in coordination with the Council for
 2274  Early Grade Success, for implementing the coordinated screening
 2275  and progress monitoring program in consideration of timelines
 2276  for implementing new early literacy and mathematics skills and
 2277  the English Language Arts and mathematics standards established
 2278  in ss. 1002.67(1)(a) and 1003.41, as appropriate.
 2279         (b)Provide data, reports, and information as requested to
 2280  the Council for Early Grade Success.
 2281         (4)The Council for Early Grade Success, a council as
 2282  defined in s. 20.03(7), is created within the Department of
 2283  Education to oversee the coordinated screening and progress
 2284  monitoring program and, except as otherwise provided in this
 2285  section, shall operate consistent with s. 20.052.
 2286         (a)The council shall be responsible for reviewing the
 2287  implementation of, training for, and outcomes from the
 2288  coordinated screening and progress monitoring program to provide
 2289  recommendations to the department that support grade 3 students
 2290  reading at or above grade level. The council, at a minimum,
 2291  shall:
 2292         1.Provide recommendations on the implementation of the
 2293  coordinated screening and progress monitoring program, including
 2294  reviewing any procurement solicitation documents and criteria
 2295  before being published.
 2296         2.Develop training plans and timelines for such training.
 2297         3.Identify appropriate personnel, processes, and
 2298  procedures required for the administration of the coordinated
 2299  screening and progress monitoring program.
 2300         4.Provide input on the methodology for calculating a
 2301  provider’s or school’s performance metric and designations under
 2302  s. 1002.68(4).
 2303         5.Work with the department to review the methodology for
 2304  determining a child’s kindergarten readiness.
 2305         6.Review data on age-appropriate learning gains by grade
 2306  level that a student would need to attain in order to
 2307  demonstrate proficiency in reading by grade 3.
 2308         7.Continually review anonymized data from the results of
 2309  the coordinated screening and progress monitoring program for
 2310  students in the Voluntary Prekindergarten Education Program
 2311  through grade 3 to help inform recommendations to the department
 2312  that support practices that will enable grade 3 students to read
 2313  at or above grade level.
 2314         (b)The council shall be composed of 17 members who are
 2315  residents of this state and appointed, as follows:
 2316         1.Three members appointed by the Governor, as follows:
 2317         a.One representative from the Department of Education.
 2318         b.One parent of a child who is 4 to 9 years of age.
 2319         c.One representative who is a school principal.
 2320         2.Seven members appointed by the President of the Senate,
 2321  as follows:
 2322         a.One senator who serves at the pleasure of the President
 2323  of the Senate.
 2324         b.One representative of an urban school district.
 2325         c.One representative of a rural early learning coalition.
 2326         d.One representative of a faith-based early learning
 2327  provider that offers the Voluntary Prekindergarten Education
 2328  Program.
 2329         e.One representative who is a second grade teacher with at
 2330  least 5 years of teaching experience.
 2331         f.Two representatives with subject matter expertise in
 2332  early learning, early grade success, or child assessments.
 2333         3.Seven members appointed by the Speaker of the House of
 2334  Representatives, as follows:
 2335         a.One member of the House of Representatives who serves at
 2336  the pleasure of the Speaker of the House.
 2337         b.One representative of a rural school district.
 2338         c.One representative of an urban early learning coalition.
 2339         d.One representative of an early learning provider that
 2340  offers the Voluntary Prekindergarten Education Program.
 2341         e.One member who is a kindergarten teacher with at least 5
 2342  years of teaching experience.
 2343         f.Two representatives with subject matter expertise in
 2344  early learning, early grade success, or child assessment.
 2345         (5)The four representatives with subject matter expertise
 2346  in sub-subparagraphs (4)(b)2.f. and (4)(b)3.f. may not be direct
 2347  stakeholders within the early learning or public school systems
 2348  or potential recipients of a contract resulting from the
 2349  council’s recommendations.
 2350         (6)The council shall elect a chair and vice chair, one of
 2351  whom must be a member who has subject matter expertise in early
 2352  learning, early grade success, or child assessments. The vice
 2353  chair must be a member appointed by the President of the Senate
 2354  or the Speaker of the House of Representatives who is not one of
 2355  the four members with subject matter expertise in early
 2356  learning, early grade success, or child assessments. Members of
 2357  the council shall serve without compensation but are entitled to
 2358  reimbursement for per diem and travel expenses pursuant to s.
 2359  112.061.
 2360         (7)The council must meet at least biannually and may meet
 2361  by teleconference or other electronic means, if possible, to
 2362  reduce costs.
 2363         (8)A majority of the members constitutes a quorum.
 2364         Section 31. Present paragraphs (b) and (c) of subsection
 2365  (5) of section 1008.25, Florida Statutes, are redesignated as
 2366  paragraphs (c) and (d), respectively, a new paragraph (b) is
 2367  added to that subsection, and paragraph (b) of subsection (6),
 2368  subsection (7), and paragraph (a) of subsection (8) are amended,
 2369  to read:
 2370         1008.25 Public school student progression; student support;
 2371  reporting requirements.—
 2372         (5) READING DEFICIENCY AND PARENTAL NOTIFICATION.—
 2373         (b)Any Voluntary Prekindergarten Education Program student
 2374  who exhibits a substantial deficiency in early literacy in
 2375  accordance with the standards under s. 1002.67(1)(a) and based
 2376  upon the results of the administration of the final coordinated
 2377  screening and progress monitoring under s. 1008.2125 shall be
 2378  referred to the local school district and may be eligible to
 2379  receive intensive reading interventions before participating in
 2380  kindergarten. Such intensive reading interventions shall be paid
 2381  for using funds from the district’s research-based reading
 2382  instruction allocation in accordance with s. 1011.62(9).
 2383         (6) ELIMINATION OF SOCIAL PROMOTION.—
 2384         (b) The district school board may only exempt students from
 2385  mandatory retention, as provided in paragraph (5)(c) (5)(b), for
 2386  good cause. A student who is promoted to grade 4 with a good
 2387  cause exemption shall be provided intensive reading instruction
 2388  and intervention that include specialized diagnostic information
 2389  and specific reading strategies to meet the needs of each
 2390  student so promoted. The school district shall assist schools
 2391  and teachers with the implementation of explicit, systematic,
 2392  and multisensory reading instruction and intervention strategies
 2393  for students promoted with a good cause exemption which research
 2394  has shown to be successful in improving reading among students
 2395  who have reading difficulties. Good cause exemptions are limited
 2396  to the following:
 2397         1. Limited English proficient students who have had less
 2398  than 2 years of instruction in an English for Speakers of Other
 2399  Languages program based on the initial date of entry into a
 2400  school in the United States.
 2401         2. Students with disabilities whose individual education
 2402  plan indicates that participation in the statewide assessment
 2403  program is not appropriate, consistent with the requirements of
 2404  s. 1008.212.
 2405         3. Students who demonstrate an acceptable level of
 2406  performance on an alternative standardized reading or English
 2407  Language Arts assessment approved by the State Board of
 2408  Education.
 2409         4. A student who demonstrates through a student portfolio
 2410  that he or she is performing at least at Level 2 on the
 2411  statewide, standardized English Language Arts assessment.
 2412         5. Students with disabilities who take the statewide,
 2413  standardized English Language Arts assessment and who have an
 2414  individual education plan or a Section 504 plan that reflects
 2415  that the student has received intensive instruction in reading
 2416  or English Language Arts for more than 2 years but still
 2417  demonstrates a deficiency and was previously retained in
 2418  kindergarten, grade 1, grade 2, or grade 3.
 2419         6. Students who have received intensive reading
 2420  intervention for 2 or more years but still demonstrate a
 2421  deficiency in reading and who were previously retained in
 2422  kindergarten, grade 1, grade 2, or grade 3 for a total of 2
 2423  years. A student may not be retained more than once in grade 3.
 2424         (7) SUCCESSFUL PROGRESSION FOR RETAINED THIRD GRADE
 2425  STUDENTS.—
 2426         (a) Students retained under paragraph (5)(c) (5)(b) must be
 2427  provided intensive interventions in reading to ameliorate the
 2428  student’s specific reading deficiency and prepare the student
 2429  for promotion to the next grade. These interventions must
 2430  include:
 2431         1. Evidence-based, explicit, systematic, and multisensory
 2432  reading instruction in phonemic awareness, phonics, fluency,
 2433  vocabulary, and comprehension and other strategies prescribed by
 2434  the school district.
 2435         2. Participation in the school district’s summer reading
 2436  camp, which must incorporate the instructional and intervention
 2437  strategies under subparagraph 1.
 2438         3. A minimum of 90 minutes of daily, uninterrupted reading
 2439  instruction incorporating the instructional and intervention
 2440  strategies under subparagraph 1. This instruction may include:
 2441         a. Integration of content-rich texts in science and social
 2442  studies within the 90-minute block.
 2443         b. Small group instruction.
 2444         c. Reduced teacher-student ratios.
 2445         d. More frequent progress monitoring.
 2446         e. Tutoring or mentoring.
 2447         f. Transition classes containing 3rd and 4th grade
 2448  students.
 2449         g. Extended school day, week, or year.
 2450         (b) Each school district shall:
 2451         1. Provide written notification to the parent of a student
 2452  who is retained under paragraph (5)(c) (5)(b) that his or her
 2453  child has not met the proficiency level required for promotion
 2454  and the reasons the child is not eligible for a good cause
 2455  exemption as provided in paragraph (6)(b). The notification must
 2456  comply with paragraph (5)(d) (5)(c) and must include a
 2457  description of proposed interventions and supports that will be
 2458  provided to the child to remediate the identified areas of
 2459  reading deficiency.
 2460         2. Implement a policy for the midyear promotion of a
 2461  student retained under paragraph (5)(c) (5)(b) who can
 2462  demonstrate that he or she is a successful and independent
 2463  reader and performing at or above grade level in reading or,
 2464  upon implementation of English Language Arts assessments,
 2465  performing at or above grade level in English Language Arts.
 2466  Tools that school districts may use in reevaluating a student
 2467  retained may include subsequent assessments, alternative
 2468  assessments, and portfolio reviews, in accordance with rules of
 2469  the State Board of Education. Students promoted during the
 2470  school year after November 1 must demonstrate proficiency levels
 2471  in reading equivalent to the level necessary for the beginning
 2472  of grade 4. The rules adopted by the State Board of Education
 2473  must include standards that provide a reasonable expectation
 2474  that the student’s progress is sufficient to master appropriate
 2475  grade 4 level reading skills.
 2476         3. Provide students who are retained under paragraph (5)(c)
 2477  (5)(b), including students participating in the school
 2478  district’s summer reading camp under subparagraph (a)2., with a
 2479  highly effective teacher as determined by the teacher’s
 2480  performance evaluation under s. 1012.34, and, beginning July 1,
 2481  2020, the teacher must also be certified or endorsed in reading.
 2482         4. Establish at each school, when applicable, an intensive
 2483  reading acceleration course for any student retained in grade 3
 2484  who was previously retained in kindergarten, grade 1, or grade
 2485  2. The intensive reading acceleration course must provide the
 2486  following:
 2487         a. Uninterrupted reading instruction for the majority of
 2488  student contact time each day and opportunities to master the
 2489  grade 4 Next Generation Sunshine State Standards in other core
 2490  subject areas through content-rich texts.
 2491         b. Small group instruction.
 2492         c. Reduced teacher-student ratios.
 2493         d. The use of explicit, systematic, and multisensory
 2494  reading interventions, including intensive language, phonics,
 2495  and vocabulary instruction, and use of a speech-language
 2496  therapist if necessary, that have proven results in accelerating
 2497  student reading achievement within the same school year.
 2498         e. A read-at-home plan.
 2499         (8) ANNUAL REPORT.—
 2500         (a) In addition to the requirements in paragraph (5)(c)
 2501  (5)(b), each district school board must annually report to the
 2502  parent of each student the progress of the student toward
 2503  achieving state and district expectations for proficiency in
 2504  English Language Arts, science, social studies, and mathematics.
 2505  The district school board must report to the parent the
 2506  student’s results on each statewide, standardized assessment.
 2507  The evaluation of each student’s progress must be based upon the
 2508  student’s classroom work, observations, tests, district and
 2509  state assessments, response to intensive interventions provided
 2510  under paragraph (5)(a), and other relevant information. Progress
 2511  reporting must be provided to the parent in writing in a format
 2512  adopted by the district school board.
 2513         Section 32. Subsection (9) of section 1011.62, Florida
 2514  Statutes, is amended to read:
 2515         1011.62 Funds for operation of schools.—If the annual
 2516  allocation from the Florida Education Finance Program to each
 2517  district for operation of schools is not determined in the
 2518  annual appropriations act or the substantive bill implementing
 2519  the annual appropriations act, it shall be determined as
 2520  follows:
 2521         (9) RESEARCH-BASED READING INSTRUCTION ALLOCATION.—
 2522         (a) The research-based reading instruction allocation is
 2523  created to provide comprehensive reading instruction to students
 2524  in kindergarten through grade 12, including certain students who
 2525  exhibit a substantial deficiency in early literacy and who
 2526  completed the Voluntary Prekindergarten Education Program
 2527  pursuant to s. 1008.25(5)(b). Each school district that has one
 2528  or more of the 300 lowest-performing elementary schools based on
 2529  a 3-year average of the state reading assessment data must use
 2530  the school’s portion of the allocation to provide an additional
 2531  hour per day of intensive reading instruction for the students
 2532  in each school. The additional hour may be provided within the
 2533  school day. Students enrolled in these schools who earned a
 2534  level 4 or level 5 score on the statewide, standardized English
 2535  Language Arts assessment for the previous school year may
 2536  participate in the additional hour of instruction. Exceptional
 2537  student education centers may not be included in the 300
 2538  schools. The intensive reading instruction delivered in this
 2539  additional hour shall include: research-based reading
 2540  instruction that has been proven to accelerate progress of
 2541  students exhibiting a reading deficiency; differentiated
 2542  instruction based on screening, diagnostic, progress monitoring,
 2543  or student assessment data to meet students’ specific reading
 2544  needs; explicit and systematic reading strategies to develop
 2545  phonemic awareness, phonics, fluency, vocabulary, and
 2546  comprehension, with more extensive opportunities for guided
 2547  practice, error correction, and feedback; and the integration of
 2548  social studies, science, and mathematics-text reading, text
 2549  discussion, and writing in response to reading.
 2550         (b) Funds for comprehensive, research-based reading
 2551  instruction shall be allocated annually to each school district
 2552  in the amount provided in the General Appropriations Act. Each
 2553  eligible school district shall receive the same minimum amount
 2554  as specified in the General Appropriations Act, and any
 2555  remaining funds shall be distributed to eligible school
 2556  districts based on each school district’s proportionate share of
 2557  K-12 base funding.
 2558         (c) Funds allocated under this subsection must be used to
 2559  provide a system of comprehensive reading instruction to
 2560  students enrolled in the K-12 programs and certain students who
 2561  exhibit a substantial deficiency in early literacy and who
 2562  completed the Voluntary Prekindergarten Education Program
 2563  pursuant to s. 1008.25(5)(b), which may include the following:
 2564         1. An additional hour per day of evidence-based intensive
 2565  reading instruction to students in the 300 lowest-performing
 2566  elementary schools by teachers and reading specialists who have
 2567  demonstrated effectiveness in teaching reading as required in
 2568  paragraph (a).
 2569         2. Kindergarten through grade 5 evidence-based reading
 2570  intervention teachers to provide intensive reading interventions
 2571  provided by reading intervention teachers intervention during
 2572  the school day and in the required extra hour for students
 2573  identified as having a reading deficiency.
 2574         3. Highly qualified reading coaches to specifically support
 2575  teachers in making instructional decisions based on student
 2576  data, and improve teacher delivery of effective reading
 2577  instruction, intervention, and reading in the content areas
 2578  based on student need.
 2579         4. Professional development for school district teachers in
 2580  scientifically based reading instruction, including strategies
 2581  to teach reading in content areas and with an emphasis on
 2582  technical and informational text, to help school district
 2583  teachers earn a certification or an endorsement in reading.
 2584         5. Summer reading camps, using only teachers or other
 2585  district personnel who are certified or endorsed in reading
 2586  consistent with s. 1008.25(7)(b)3., for all students in
 2587  kindergarten through grade 2 who demonstrate a reading
 2588  deficiency as determined by district and state assessments, and
 2589  students in grades 3 through 5 who score at Level 1 on the
 2590  statewide, standardized English Language Arts assessment, and
 2591  certain students who exhibit a substantial deficiency in early
 2592  literacy and who completed the Voluntary Prekindergarten
 2593  Education Program pursuant to s. 1008.25(5)(b).
 2594         6. Scientifically researched and evidence-based
 2595  supplemental instructional materials that are grounded in
 2596  scientifically based reading research as identified by the Just
 2597  Read, Florida! Office pursuant to s. 1001.215(8).
 2598         7. Evidence-based intensive interventions for students in
 2599  kindergarten through grade 12 who have been identified as having
 2600  a reading deficiency or who are reading below grade level as
 2601  determined by the statewide, standardized English Language Arts
 2602  assessment or for certain students who exhibit a substantial
 2603  deficiency in early literacy and who completed the Voluntary
 2604  Prekindergarten Education Program pursuant to s. 1008.25(5)(b).
 2605         (d)1. Annually, by a date determined by the Department of
 2606  Education but before May 1, school districts shall submit a K-12
 2607  comprehensive reading plan for the specific use of the research
 2608  based reading instruction allocation in the format prescribed by
 2609  the department for review and approval by the Just Read,
 2610  Florida! Office created pursuant to s. 1001.215. The plan
 2611  annually submitted by school districts shall be deemed approved
 2612  unless the department rejects the plan on or before June 1. If a
 2613  school district and the Just Read, Florida! Office cannot reach
 2614  agreement on the contents of the plan, the school district may
 2615  appeal to the State Board of Education for resolution. School
 2616  districts shall be allowed reasonable flexibility in designing
 2617  their plans and shall be encouraged to offer reading
 2618  intervention through innovative methods, including career
 2619  academies. The plan format shall be developed with input from
 2620  school district personnel, including teachers and principals,
 2621  and shall provide for intensive reading interventions through
 2622  integrated curricula, provided that, beginning with the 2020
 2623  2021 school year, the interventions are delivered by a teacher
 2624  who is certified or endorsed in reading. Such interventions must
 2625  incorporate evidence-based strategies identified by the Just
 2626  Read, Florida! Office pursuant to s. 1001.215(8). No later than
 2627  July 1 annually, the department shall release the school
 2628  district’s allocation of appropriated funds to those districts
 2629  having approved plans. A school district that spends 100 percent
 2630  of this allocation on its approved plan shall be deemed to have
 2631  been in compliance with the plan. The department may withhold
 2632  funds upon a determination that reading instruction allocation
 2633  funds are not being used to implement the approved plan. The
 2634  department shall monitor and track the implementation of each
 2635  district plan, including conducting site visits and collecting
 2636  specific data on expenditures and reading improvement results.
 2637  By February 1 of each year, the department shall report its
 2638  findings to the Legislature.
 2639         2. Each school district that has a school designated as one
 2640  of the 300 lowest-performing elementary schools as specified in
 2641  paragraph (a) shall specifically delineate in the comprehensive
 2642  reading plan, or in an addendum to the comprehensive reading
 2643  plan, the implementation design and reading intervention
 2644  strategies that will be used for the required additional hour of
 2645  reading instruction. The term “reading intervention” includes
 2646  evidence-based strategies frequently used to remediate reading
 2647  deficiencies and also includes individual instruction, tutoring,
 2648  mentoring, or the use of technology that targets specific
 2649  reading skills and abilities.
 2650  
 2651  For purposes of this subsection, the term “evidence-based” means
 2652  demonstrating a statistically significant effect on improving
 2653  student outcomes or other relevant outcomes.
 2654         Section 33. This act shall take effect July 1, 2021.