Florida Senate - 2022                                    SB 1700
       
       
        
       By Senator Gruters
       
       
       
       
       
       23-01624-22                                           20221700__
    1                        A bill to be entitled                      
    2         An act relating to school readiness program funding;
    3         amending s. 1002.89, F.S.; deleting a requirement that
    4         all state, federal, and local matching funds provided
    5         to an early learning coalition for certain purposes be
    6         used for implementation of its approved school
    7         readiness plan; conforming provisions to changes made
    8         by the act; creating s. 1002.891, F.S.; requiring the
    9         Division of Early Learning within the Department of
   10         Education to conduct an allocation conference;
   11         specifying conference principals; requiring conference
   12         principals to discuss and agree to all conventions and
   13         calculation methods to be used to calculate the school
   14         readiness funding formula for the early learning
   15         coalitions for the fiscal year for which the
   16         appropriations are made; requiring conventions and
   17         calculation methods to remain in effect until further
   18         agreements are reached in subsequent allocation
   19         conferences; requiring the division to provide
   20         conference principals with specified data before each
   21         recalculation of the school readiness funding formula;
   22         amending ss. 1002.81 and 1002.82, F.S.; conforming
   23         cross-references; providing an effective date.
   24          
   25  Be It Enacted by the Legislature of the State of Florida:
   26  
   27         Section 1. Subsections (4) and (5) of section 1002.89,
   28  Florida Statutes, are amended to read:
   29         1002.89 School readiness program; funding.—
   30         (4) All state, federal, and local matching funds provided
   31  to an early learning coalition for purposes of this section
   32  shall be used for implementation of its approved school
   33  readiness program plan, including the hiring of staff to
   34  effectively operate the school readiness program.
   35         (5) Costs shall be kept to the minimum necessary for the
   36  efficient and effective administration of the school readiness
   37  program with the highest priority of expenditure being direct
   38  services for eligible children. However, no more than 5 percent
   39  of the funds described in subsection (4) may be used for
   40  administrative costs and no more than 22 percent of the funds
   41  described in subsection (4) may be used in any fiscal year for
   42  any combination of administrative costs, quality activities, and
   43  nondirect services as follows:
   44         (a) Administrative costs as described in 45 C.F.R. s.
   45  98.54, which shall include monitoring providers using the
   46  standard methodology adopted under s. 1002.82 to improve
   47  compliance with state and federal regulations and law pursuant
   48  to the requirements of the statewide provider contract adopted
   49  under s. 1002.82(2)(m).
   50         (b) Activities to improve the quality of child care as
   51  described in 45 C.F.R. s. 98.53, which shall be limited to the
   52  following:
   53         1. Developing, establishing, expanding, operating, and
   54  coordinating resource and referral programs specifically related
   55  to the provision of comprehensive consumer education to parents
   56  and the public to promote informed child care choices specified
   57  in 45 C.F.R. s. 98.33.
   58         2. Awarding grants and providing financial support to
   59  school readiness program providers and their staff to assist
   60  them in meeting applicable state requirements for the program
   61  assessment required under s. 1002.82(2)(n), child care
   62  performance standards, implementing developmentally appropriate
   63  curricula and related classroom resources that support
   64  curricula, providing literacy supports, and providing continued
   65  professional development and training. Any grants awarded
   66  pursuant to this subparagraph shall comply with ss. 215.971 and
   67  287.058.
   68         3. Providing training, technical assistance, and financial
   69  support to school readiness program providers, staff, and
   70  parents on standards, child screenings, child assessments, child
   71  development research and best practices, developmentally
   72  appropriate curricula, character development, teacher-child
   73  interactions, age-appropriate discipline practices, health and
   74  safety, nutrition, first aid, cardiopulmonary resuscitation, the
   75  recognition of communicable diseases, and child abuse detection,
   76  prevention, and reporting.
   77         4. Providing, from among the funds provided for the
   78  activities described in subparagraphs 1.-3., adequate funding
   79  for infants and toddlers as necessary to meet federal
   80  requirements related to expenditures for quality activities for
   81  infant and toddler care.
   82         5. Improving the monitoring of compliance with, and
   83  enforcement of, applicable state and local requirements as
   84  described in and limited by 45 C.F.R. s. 98.40.
   85         6. Responding to Warm-Line requests by providers and
   86  parents, including providing developmental and health screenings
   87  to school readiness program children.
   88         (c) Nondirect services as described in applicable Office of
   89  Management and Budget instructions are those services not
   90  defined as administrative, direct, or quality services that are
   91  required to administer the school readiness program. Such
   92  services include, but are not limited to:
   93         1. Assisting families to complete the required application
   94  and eligibility documentation.
   95         2. Determining child and family eligibility.
   96         3. Recruiting eligible child care providers.
   97         4. Processing and tracking attendance records.
   98         5. Developing and maintaining a statewide child care
   99  information system.
  100  
  101  As used in this paragraph, the term “nondirect services” does
  102  not include payments to school readiness program providers for
  103  direct services provided to children who are eligible under s.
  104  1002.87, administrative costs as described in paragraph (a), or
  105  quality activities as described in paragraph (b).
  106         Section 2. Section 1002.891, Florida Statutes, is created
  107  to read:
  108         1002.891School Readiness Funding Formula Allocation
  109  Conference.—
  110         (1)Before the distribution of any funds appropriated in
  111  the General Appropriations Act for the school readiness program,
  112  the Division of Early Learning within the Department of
  113  Education shall conduct an allocation conference. Conference
  114  principals must include representatives of the Division of Early
  115  Learning, the Executive Office of the Governor, and the
  116  appropriations committees of the Senate and the House of
  117  Representatives.
  118         (2)Conference principals shall discuss and agree to all
  119  conventions and calculation methods, including the actual cost
  120  of child care, eligible population data, rounding conventions,
  121  and methods of computation, to be used to calculate the school
  122  readiness funding formula for the early learning coalitions for
  123  the fiscal year for which the appropriations are made. These
  124  conventions and calculation methods shall remain in effect until
  125  further agreements are reached in subsequent allocation
  126  conferences called by the division for that purpose.
  127         (3)The division shall, before each recalculation of the
  128  school readiness funding formula and allocations to the early
  129  learning coalitions, also provide conference principals with all
  130  data necessary to replicate those allocations precisely. This
  131  data shall include a matrix by early learning coalition of all
  132  full-time equivalent changes made by the division as part of its
  133  administration of the school readiness program.
  134         Section 3. Subsection (4) of section 1002.81, Florida
  135  Statutes, is amended to read:
  136         1002.81 Definitions.—Consistent with the requirements of 45
  137  C.F.R. parts 98 and 99 and as used in this part, the term:
  138         (4) “Direct enhancement services” means services for
  139  families and children that are in addition to payments for the
  140  placement of children in the school readiness program. Direct
  141  enhancement services for families and children may include
  142  supports for providers, parent training and involvement
  143  activities, and strategies to meet the needs of unique
  144  populations and local eligibility priorities. Direct enhancement
  145  services offered by an early learning coalition must shall be
  146  consistent with the activities described in 45 C.F.R. s. 98.53
  147  prescribed in s. 1002.89(5)(b).
  148         Section 4. Paragraph (a) of subsection (7) of section
  149  1002.82, Florida Statutes, is amended to read:
  150         1002.82 Department of Education; powers and duties.—
  151         (7) By January 1 of each year, the department shall
  152  annually publish on its website a report of its activities
  153  conducted under this section. The report must include a summary
  154  of the coalitions’ annual reports, a statewide summary, and the
  155  following:
  156         (a) An analysis of early learning activities throughout the
  157  state, including the school readiness program and the Voluntary
  158  Prekindergarten Education Program.
  159         1. The total and average number of children served in the
  160  school readiness program, enumerated by age, eligibility
  161  priority category, and coalition, and the total number of
  162  children served in the Voluntary Prekindergarten Education
  163  Program.
  164         2. A summary of expenditures by coalition, by fund source,
  165  including a breakdown by coalition of the percentage of
  166  expenditures for administrative activities, quality activities,
  167  nondirect services, and direct services for children.
  168         3. A description of the department’s and each coalition’s
  169  expenditures by fund source for the quality and enhancement
  170  activities described in 45 C.F.R. s. 98.53 s. 1002.89(5)(b).
  171         4. A summary of annual findings and collections related to
  172  provider fraud and parent fraud.
  173         5. Data regarding the coalitions’ delivery of early
  174  learning programs.
  175         6. The total number of children disenrolled statewide and
  176  the reason for disenrollment.
  177         7. The total number of providers by provider type.
  178         8. The number of school readiness program providers who
  179  have completed the program assessment required under paragraph
  180  (2)(n); the number of providers who have not met the minimum
  181  program assessment composite score for contracting established
  182  under paragraph (2)(n); and the number of providers that have an
  183  active improvement plan based on the results of the program
  184  assessment under paragraph (2)(n).
  185         9. The total number of provider contracts revoked and the
  186  reasons for revocation.
  187         Section 5. This act shall take effect July 1, 2022.