Bill Text: FL S1616 | 2020 | Regular Session | Introduced


Bill Title: Early Learning and Early Grade Success

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced) 2020-01-10 - Withdrawn prior to introduction [S1616 Detail]

Download: Florida-2020-S1616-Introduced.html
       Florida Senate - 2020                                    SB 1616
       
       
        
       By Senator Harrell
       
       
       
       
       
       25-01567-20                                           20201616__
    1                        A bill to be entitled                      
    2         An act relating to early learning and early grade
    3         success; amending s. 20.055, F.S.; conforming
    4         provisions to changes made by the act; amending s.
    5         20.15, F.S.; adding the Division of Early Learning to
    6         the divisions of the Department of Education; deleting
    7         the Office of Early Learning from the Office of
    8         Independent Education and Parental Choice of the
    9         Department of Education; amending ss. 39.202 and
   10         39.604, F.S.; conforming provisions and cross
   11         references to changes made by the act; amending s.
   12         212.08, F.S.; providing that certain curricula are
   13         exempt from specified taxes; amending s. 216.136,
   14         F.S.; revising the duties of the Early Learning
   15         Programs Estimating Conference; requiring the
   16         department, rather than the Office of Early Learning,
   17         to provide specified information to the conference;
   18         amending ss. 383.14, 391.308, and 402.26, F.S.;
   19         conforming provisions and cross-references to changes
   20         made by the act; repealing s. 402.281, F.S., relating
   21         to the Gold Seal Quality Care program; amending s.
   22         402.305, F.S.; providing requirements for minimum
   23         child care licensing standards; requiring standards
   24         adopted after a specified date to be ratified by the
   25         Legislature; revising requirements relating to staff
   26         trained in cardiopulmonary resuscitation; amending s.
   27         402.315, F.S.; conforming a cross-reference; amending
   28         s. 402.56, F.S.; revising the membership of the
   29         Children and Youth Cabinet; amending ss. 411.226,
   30         411.227, 414.295, 1000.01, 1000.02, 1000.03, 1000.04,
   31         1000.21, 1001.02, 1001.03, 1001.10, and 1001.11, F.S.;
   32         conforming provisions to changes made by the act;
   33         repealing s. 1001.213, F.S., relating to the Office of
   34         Early Learning; amending ss. 1001.215, 1001.23,
   35         1001.70, 1002.32, 1002.34, and 1002.36, F.S.;
   36         conforming provisions and cross-references to changes
   37         made by the act; amending s. 1002.53, F.S.; requiring
   38         students enrolled in the Voluntary Prekindergarten
   39         Education Program to participate in a specified
   40         screening and progress-monitoring program; amending s.
   41         1002.55, F.S.; authorizing certain child development
   42         programs operating on military installations to be
   43         private prekindergarten providers within the Voluntary
   44         Prekindergarten Education Program; providing that a
   45         private prekindergarten provider is ineligible for
   46         participation in the program under certain
   47         circumstances; revising requirements a prekindergarten
   48         instructor must meet; revising requirements for a
   49         specified standards training course; providing
   50         liability insurance requirements for child development
   51         programs that operate on military installations and
   52         participate in the program; requiring early learning
   53         coalitions to verify private prekindergarten provider
   54         compliance with specified provisions; requiring such
   55         coalitions to remove a provider’s eligibility under
   56         specified circumstances; amending s. 1002.57, F.S.;
   57         revising the minimum standards for a credential for
   58         certain prekindergarten directors; amending s.
   59         1002.59, F.S.; revising requirements for emergent
   60         literacy and performance standards training courses
   61         for prekindergarten instructors; requiring the
   62         department to make certain courses available; amending
   63         s. 1002.61, F.S.; authorizing certain child
   64         development programs operating on military
   65         installations to be private prekindergarten providers
   66         within the summer Voluntary Prekindergarten Education
   67         Program; revising the criteria for teachers to receive
   68         priority consideration from school districts in
   69         staffing the summer program; requiring child
   70         development programs operating on military
   71         installations to comply with specified criteria;
   72         requiring early learning coalitions to verify
   73         specified information; providing for the removal of a
   74         program provider from eligibility under certain
   75         circumstances; amending s. 1002.63, F.S.; revoking the
   76         eligibility of certain public schools to participate
   77         in the program under certain circumstances; providing
   78         for the removal of public school program providers
   79         from the program under certain circumstances; amending
   80         s. 1002.67, F.S.; revising the performance standards
   81         for the Voluntary Prekindergarten Education Program;
   82         requiring the department to review performance
   83         standards on a specified schedule; providing
   84         curriculum requirements for program providers;
   85         requiring the State Board of Education to adopt rules
   86         for the review and approval of curricula for the
   87         program; deleting a required preassessment and
   88         postassessment for the program; creating s. 1002.68,
   89         F.S.; requiring providers of the Voluntary
   90         Prekindergarten Education Program to participate in a
   91         specified screening and progress monitoring program;
   92         providing specified uses for the results of such
   93         screening and progress-monitoring program; requiring
   94         certain portions of the screening and progress
   95         monitoring program to be administered by individuals
   96         who meet specified criteria; requiring the results of
   97         specified assessments to be reported to the parents of
   98         participating students within a certain timeframe;
   99         providing requirements for such assessments; providing
  100         department duties and responsibilities relating to
  101         such assessments; providing requirements for a
  102         specified methodology used to calculate the results of
  103         such assessments; requiring the department to
  104         establish a grading system for program providers;
  105         providing for the adoption of a minimum performance
  106         metric or grade for program participation; providing
  107         procedures for providers whose score or grade falls
  108         below the minimum requirement; providing for the
  109         revocation of program eligibility for certain
  110         providers; authorizing the department to grant good
  111         cause exemptions to providers under certain
  112         circumstances; providing department and provider
  113         requirements for such exemptions; repealing s.
  114         1002.69, F.S., relating to statewide kindergarten
  115         screening and readiness rates; amending ss. 1002.71
  116         and 1002.72, F.S.; conforming provisions to changes
  117         made by the act; amending s. 1002.73, F.S.; requiring
  118         the department to adopt a specified standard statewide
  119         provider contract; requiring such contract to be
  120         published on the department’s website; providing
  121         requirements for such contract; prohibiting providers
  122         from offering services during an appeal of termination
  123         from the program; providing applicability; requiring
  124         the state board to adopt specified rules relating to
  125         the Voluntary Prekindergarten Education Program;
  126         revising duties of the department relating to the
  127         program; repealing s. 1002.75, F.S., relating to the
  128         powers and duties of the Office of Early Learning;
  129         repealing s. 1002.77, F.S., relating to the Florida
  130         Early Learning Advisory Council; amending ss. 1002.79
  131         and 1002.81, F.S.; redefining a term; conforming
  132         provisions and cross-references to changes made by the
  133         act; amending s. 1002.82, F.S.; providing duties of
  134         the department relating to early learning; exempting
  135         certain child development programs operating on
  136         military installations from specified inspection
  137         requirements; requiring the department to monitor
  138         specified standards and benchmarks for certain
  139         purposes; requiring the department to provide
  140         specified technical support; revising requirements for
  141         a specified assessment program; requiring the
  142         department to adopt requirements to make certain
  143         contracted slots available to serve specified
  144         populations by a specified date; authorizing the
  145         department to remove certain coalitions from
  146         eligibility to administer early learning programs
  147         under certain circumstances; requiring the state board
  148         to adopt rules for merging early learning coalitions;
  149         amending s. 1002.83, F.S.; authorizing up to 30 early
  150         learning coalitions rather than 31; revising the
  151         number of members an early learning coalition may
  152         have; revising requirements for such coalitions;
  153         amending s. 1002.84, F.S.; revising early learning
  154         coalition powers and duties; revising requirements for
  155         the waiver of specified copayments; deleting a
  156         provision relating to certain payment schedules;
  157         revising requirements relating to certain contracts;
  158         amending s. 1002.85, F.S.; conforming provisions to
  159         changes made by the act; amending s. 1002.88, F.S.;
  160         authorizing certain child development programs
  161         operating on military installations to participate in
  162         the school readiness program; revising requirements to
  163         deliver services for the program; providing that a
  164         specified annual inspection for child development
  165         programs operating on military installations meets
  166         certain provider requirements; providing a process for
  167         child development programs operating on military
  168         installations to meet certain liability requirements;
  169         amending ss. 1002.89, 1002.895, 1002.91, 1002.92,
  170         1002.93, and 1002.94, F.S.; conforming provisions and
  171         cross-references to changes made by the act; creating
  172         s. 1002.945, F.S.; establishing the Gold Seal Quality
  173         Care Program within the department; providing for the
  174         award of a Gold Seal Quality Care designation by
  175         specified accrediting associations; requiring the
  176         state board to adopt standards for the award of such
  177         designation; providing accrediting association
  178         requirements; providing requirements for maintaining
  179         such designation; providing for an exemption from
  180         certain taxes for qualifying providers; providing for
  181         certain child care facilities to receive a specified
  182         rate differential; authorizing the Early Learning
  183         Programs Estimating Conference to determine certain
  184         rate differentials for certain school readiness
  185         programs; requiring the state board to adopt rules;
  186         amending ss. 1002.95, 1002.96, 1002.97, 1002.995,
  187         1003.575, and 1007.01, F.S.; conforming provisions to
  188         changes made by the act; creating s. 1008.2125, F.S.;
  189         creating the coordinated screening and progress
  190         monitoring program within the department for specified
  191         purposes; requiring the Commissioner of Education to
  192         design the program; providing requirements for the
  193         administration of the program beginning in a specified
  194         school year; requiring results of the program to be
  195         reported to and maintained by the department;
  196         providing duties for the commissioner; creating the
  197         Council for Early Grade Success; providing duties of
  198         the council; providing membership of the council;
  199         requiring the council to elect a chair and a vice
  200         chair; providing for per diem for members of the
  201         council; providing meeting requirements for the
  202         council; providing for a quorum of the council;
  203         amending s. 1008.25, F.S.; authorizing certain
  204         students enrolled in the Voluntary Prekindergarten
  205         Education Program to receive intensive reading
  206         interventions using specified funds; amending ss.
  207         1008.31, 1008.32, and 1008.33, F.S.; conforming
  208         provisions to changes made by the act; 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         students enrolled in the Voluntary Prekindergarten
  213         Education Program; amending ss. 1002.22 and 1002.53,
  214         F.S.; conforming cross-references; providing an
  215         effective date.
  216          
  217  Be It Enacted by the Legislature of the State of Florida:
  218  
  219         Section 1. Paragraphs (a) and (d) of subsection (1) of
  220  section 20.055, Florida Statutes, are amended to read:
  221         20.055 Agency inspectors general.—
  222         (1) As used in this section, the term:
  223         (a) “Agency head” means the Governor, a Cabinet officer, or
  224  a secretary or executive director as those terms are defined in
  225  s. 20.03, the chair of the Public Service Commission, the
  226  Director of the Office of Insurance Regulation of the Financial
  227  Services Commission, the Director of the Office of Financial
  228  Regulation of the Financial Services Commission, the board of
  229  directors of the Florida Housing Finance Corporation, the
  230  executive director of the Office of Early Learning, and the
  231  Chief Justice of the State Supreme Court.
  232         (d) “State agency” means each department created pursuant
  233  to this chapter and the Executive Office of the Governor, the
  234  Department of Military Affairs, the Fish and Wildlife
  235  Conservation Commission, the Office of Insurance Regulation of
  236  the Financial Services Commission, the Office of Financial
  237  Regulation of the Financial Services Commission, the Public
  238  Service Commission, the Board of Governors of the State
  239  University System, the Florida Housing Finance Corporation, the
  240  Office of Early Learning, and the state courts system.
  241         Section 2. Present paragraphs (c) through (j) of subsection
  242  (3) of section 20.15, Florida Statutes, are redesignated as
  243  paragraphs (d) through (k), respectively, a new paragraph (c) is
  244  added to subsection (3), and present paragraph (i) of subsection
  245  (3) and subsection (5) of that section are amended, to read:
  246         20.15 Department of Education.—There is created a
  247  Department of Education.
  248         (3) DIVISIONS.—The following divisions of the Department of
  249  Education are established:
  250         (c)Division of Early Learning.
  251         (j)(i) The Office of Independent Education and Parental
  252  Choice, which must include the following offices:
  253         1.The Office of Early Learning, which shall be
  254  administered by an executive director who is fully accountable
  255  to the Commissioner of Education. The executive director shall,
  256  pursuant to s. 1001.213, administer the early learning programs,
  257  including the school readiness program and the Voluntary
  258  Prekindergarten Education Program at the state level.
  259         2. the Office of K-12 School Choice, which shall be
  260  administered by an executive director who is fully accountable
  261  to the Commissioner of Education.
  262         (5) POWERS AND DUTIES.—The State Board of Education and the
  263  Commissioner of Education shall assign to the divisions such
  264  powers, duties, responsibilities, and functions as are necessary
  265  to ensure the greatest possible coordination, efficiency, and
  266  effectiveness of education for students in Early Learning-20 K
  267  20 education under the jurisdiction of the State Board of
  268  Education.
  269         Section 3. Paragraph (a) of subsection (2) of section
  270  39.202, Florida Statutes, is amended to read:
  271         39.202 Confidentiality of reports and records in cases of
  272  child abuse or neglect.—
  273         (2) Except as provided in subsection (4), access to such
  274  records, excluding the name of, or other identifying information
  275  with respect to, the reporter which shall be released only as
  276  provided in subsection (5), shall be granted only to the
  277  following persons, officials, and agencies:
  278         (a) Employees, authorized agents, or contract providers of
  279  the department, the Department of Health, the Agency for Persons
  280  with Disabilities, the Office of Early Learning, or county
  281  agencies responsible for carrying out:
  282         1. Child or adult protective investigations;
  283         2. Ongoing child or adult protective services;
  284         3. Early intervention and prevention services;
  285         4. Healthy Start services;
  286         5. Licensure or approval of adoptive homes, foster homes,
  287  child care facilities, facilities licensed under chapter 393,
  288  family day care homes, providers who receive school readiness
  289  funding under part VI of chapter 1002, or other homes used to
  290  provide for the care and welfare of children;
  291         6. Employment screening for caregivers in residential group
  292  homes; or
  293         7. Services for victims of domestic violence when provided
  294  by certified domestic violence centers working at the
  295  department’s request as case consultants or with shared clients.
  296  
  297  Also, employees or agents of the Department of Juvenile Justice
  298  responsible for the provision of services to children, pursuant
  299  to chapters 984 and 985.
  300         Section 4. Paragraph (b) of subsection (5) of section
  301  39.604, Florida Statutes, is amended to read:
  302         39.604 Rilya Wilson Act; short title; legislative intent;
  303  child care; early education; preschool.—
  304         (5) EDUCATIONAL STABILITY.—Just as educational stability is
  305  important for school-age children, it is also important to
  306  minimize disruptions to secure attachments and stable
  307  relationships with supportive caregivers of children from birth
  308  to school age and to ensure that these attachments are not
  309  disrupted due to placement in out-of-home care or subsequent
  310  changes in out-of-home placement.
  311         (b) If it is not in the best interest of the child for him
  312  or her to remain in his or her child care or early education
  313  setting upon entry into out-of-home care, the caregiver must
  314  work with the case manager, guardian ad litem, child care and
  315  educational staff, and educational surrogate, if one has been
  316  appointed, to determine the best setting for the child. Such
  317  setting may be a child care provider that receives a Gold Seal
  318  Quality Care designation pursuant to s. 1002.945 s. 402.281, a
  319  provider participating in a quality rating system, a licensed
  320  child care provider, a public school provider, or a license
  321  exempt child care provider, including religious-exempt and
  322  registered providers, and nonpublic schools.
  323         Section 5. Paragraph (m) of subsection (5) of section
  324  212.08, Florida Statutes, is amended to read:
  325         212.08 Sales, rental, use, consumption, distribution, and
  326  storage tax; specified exemptions.—The sale at retail, the
  327  rental, the use, the consumption, the distribution, and the
  328  storage to be used or consumed in this state of the following
  329  are hereby specifically exempt from the tax imposed by this
  330  chapter.
  331         (5) EXEMPTIONS; ACCOUNT OF USE.—
  332         (m) Educational materials purchased by certain child care
  333  facilities.—Educational materials, such as glue, paper, paints,
  334  crayons, unique craft items, scissors, books, and educational
  335  toys, and curricula, purchased by a child care facility that
  336  meets the standards delineated in s. 402.305, is licensed under
  337  s. 402.308, holds a current Gold Seal Quality Care designation
  338  pursuant to s. 1002.945 s. 402.281, and provides basic health
  339  insurance to all employees are exempt from the taxes imposed by
  340  this chapter. For purposes of this paragraph, the term “basic
  341  health insurance” shall be defined and promulgated in rules
  342  developed jointly by the Department of Education Children and
  343  Families, the Agency for Health Care Administration, and the
  344  Financial Services Commission.
  345         Section 6. Subsection (8) of section 216.136, Florida
  346  Statutes, is amended to read:
  347         216.136 Consensus estimating conferences; duties and
  348  principals.—
  349         (8) EARLY LEARNING PROGRAMS ESTIMATING CONFERENCE.—
  350         (a) The Early Learning Programs Estimating Conference shall
  351  develop estimates and forecasts by county of the unduplicated
  352  count of children eligible for the school readiness program in
  353  accordance with the standards of eligibility established in s.
  354  1002.87 and of children eligible for the Voluntary
  355  Prekindergarten Education Program in accordance with s.
  356  1002.53(2); review and verify the procedures and data used by
  357  the Department of Education for the adoption of the market rate
  358  schedule under s. 1002.895; determine base payment rates and the
  359  application of legislatively approved differentials under part
  360  VI of chapter 1002 by county, care level, and provider type that
  361  ensure reasonable access to quality early learning settings in
  362  each county and that shall be implemented by each early learning
  363  coalition and used in any school readiness program funding
  364  formula; verify all data sources and calculations used to
  365  determine funding recommendations by county for the school
  366  readiness program and the Voluntary Prekindergarten Education
  367  Program before submission of any legislative budget request; and
  368  meet at least biannually, as the conference determines are
  369  needed to support the state planning, budgeting, and
  370  appropriations processes.
  371         (b) The department Office of Early Learning shall provide
  372  any reasonably related information for the conference or its
  373  principals to be able to complete the duties listed in paragraph
  374  (a) on needs and waiting lists for school readiness programs,
  375  and information on the needs for the Voluntary Prekindergarten
  376  Education Program, as requested by the Early Learning Programs
  377  Estimating Conference or individual conference principals in a
  378  timely manner.
  379         Section 7. Paragraph (b) of subsection (1) and paragraph
  380  (b) of subsection (2) of section 383.14, Florida Statutes, are
  381  amended to read:
  382         383.14 Screening for metabolic disorders, other hereditary
  383  and congenital disorders, and environmental risk factors.—
  384         (1) SCREENING REQUIREMENTS.—To help ensure access to the
  385  maternal and child health care system, the Department of Health
  386  shall promote the screening of all newborns born in Florida for
  387  metabolic, hereditary, and congenital disorders known to result
  388  in significant impairment of health or intellect, as screening
  389  programs accepted by current medical practice become available
  390  and practical in the judgment of the department. The department
  391  shall also promote the identification and screening of all
  392  newborns in this state and their families for environmental risk
  393  factors such as low income, poor education, maternal and family
  394  stress, emotional instability, substance abuse, and other high
  395  risk conditions associated with increased risk of infant
  396  mortality and morbidity to provide early intervention,
  397  remediation, and prevention services, including, but not limited
  398  to, parent support and training programs, home visitation, and
  399  case management. Identification, perinatal screening, and
  400  intervention efforts shall begin prior to and immediately
  401  following the birth of the child by the attending health care
  402  provider. Such efforts shall be conducted in hospitals,
  403  perinatal centers, county health departments, school health
  404  programs that provide prenatal care, and birthing centers, and
  405  reported to the Office of Vital Statistics.
  406         (b) Postnatal screening.—A risk factor analysis using the
  407  department’s designated risk assessment instrument shall also be
  408  conducted as part of the medical screening process upon the
  409  birth of a child and submitted to the department’s Office of
  410  Vital Statistics for recording and other purposes provided for
  411  in this chapter. The department’s screening process for risk
  412  assessment shall include a scoring mechanism and procedures that
  413  establish thresholds for notification, further assessment,
  414  referral, and eligibility for services by professionals or
  415  paraprofessionals consistent with the level of risk. Procedures
  416  for developing and using the screening instrument, notification,
  417  referral, and care coordination services, reporting
  418  requirements, management information, and maintenance of a
  419  computer-driven registry in the Office of Vital Statistics which
  420  ensures privacy safeguards must be consistent with the
  421  provisions and plans established under chapter 411, Pub. L. No.
  422  99-457, and this chapter. Procedures established for reporting
  423  information and maintaining a confidential registry must include
  424  a mechanism for a centralized information depository at the
  425  state and county levels. The department shall coordinate with
  426  existing risk assessment systems and information registries. The
  427  department must ensure, to the maximum extent possible, that the
  428  screening information registry is integrated with the
  429  department’s automated data systems, including the Florida On
  430  line Recipient Integrated Data Access (FLORIDA) system. Tests
  431  and screenings must be performed by the State Public Health
  432  Laboratory, in coordination with Children’s Medical Services, at
  433  such times and in such manner as is prescribed by the department
  434  after consultation with the Genetics and Newborn Screening
  435  Advisory Council and the Department of Education Office of Early
  436  Learning.
  437         (2) RULES.—
  438         (b) After consultation with the Department of Education
  439  Office of Early Learning, the department shall adopt and enforce
  440  rules requiring every newborn in this state to be screened for
  441  environmental risk factors that place children and their
  442  families at risk for increased morbidity, mortality, and other
  443  negative outcomes.
  444         Section 8. Paragraph (h) of subsection (2) of section
  445  391.308, Florida Statutes, is amended to read:
  446         391.308 Early Steps Program.—The department shall implement
  447  and administer part C of the federal Individuals with
  448  Disabilities Education Act (IDEA), which shall be known as the
  449  “Early Steps Program.”
  450         (2) DUTIES OF THE DEPARTMENT.—The department shall:
  451         (h) Promote interagency cooperation and coordination, with
  452  the Medicaid program, the Department of Education program
  453  pursuant to part B of the federal Individuals with Disabilities
  454  Education Act, and programs providing child screening such as
  455  the Florida Diagnostic and Learning Resources System, the Office
  456  of Early Learning, Healthy Start, and the Help Me Grow program.
  457         1. Coordination with the Medicaid program shall be
  458  developed and maintained through written agreements with the
  459  Agency for Health Care Administration and Medicaid managed care
  460  organizations as well as through active and ongoing
  461  communication with these organizations. The department shall
  462  assist local program offices to negotiate agreements with
  463  Medicaid managed care organizations in the service areas of the
  464  local program offices. Such agreements may be formal or
  465  informal.
  466         2. Coordination with education programs pursuant to part B
  467  of the federal Individuals with Disabilities Education Act shall
  468  be developed and maintained through written agreements with the
  469  Department of Education. The department shall assist local
  470  program offices to negotiate agreements with school districts in
  471  the service areas of the local program offices.
  472         Section 9. Subsection (6) of section 402.26, Florida
  473  Statutes, is amended to read:
  474         402.26 Child care; legislative intent.—
  475         (6) It is the intent of the Legislature that a child care
  476  facility licensed pursuant to s. 402.305 or a child care
  477  facility exempt from licensing pursuant to s. 402.316, that
  478  achieves Gold Seal Quality status pursuant to s. 1002.945 s.
  479  402.281, be considered an educational institution for the
  480  purpose of qualifying for exemption from ad valorem tax pursuant
  481  to s. 196.198.
  482         Section 10. Section 402.281, Florida Statutes, is repealed.
  483         Section 11. Paragraph (c) of subsection (1) and paragraph
  484  (a) of subsection (7) of section 402.305, Florida Statutes, are
  485  amended to read:
  486         402.305 Licensing standards; child care facilities.—
  487         (1) LICENSING STANDARDS.—The department shall establish
  488  licensing standards that each licensed child care facility must
  489  meet regardless of the origin or source of the fees used to
  490  operate the facility or the type of children served by the
  491  facility.
  492         (c) The minimum standards for child care facilities shall
  493  be adopted in the rules of the department and shall address the
  494  areas delineated in this section. The department, in adopting
  495  rules to establish minimum standards for child care facilities,
  496  shall recognize that different age groups of children may
  497  require different standards. The department may adopt different
  498  minimum standards for facilities that serve children in
  499  different age groups, including school-age children. The
  500  department shall also adopt by rule a definition for child care
  501  which distinguishes between child care programs that require
  502  child care licensure and after-school programs that do not
  503  require licensure. Notwithstanding any other provision of law to
  504  the contrary, minimum child care licensing standards shall be
  505  developed to provide for reasonable, affordable, and safe
  506  before-school and after-school care and may not exceed standards
  507  expressly set forth in ss. 402.301-402.319. Licensing standards
  508  adopted by the department on or after July 1, 2020, must be
  509  ratified by the Legislature. After-school programs that
  510  otherwise meet the criteria for exclusion from licensure may
  511  provide snacks and meals through the federal Afterschool Meal
  512  Program (AMP) administered by the Department of Health in
  513  accordance with federal regulations and standards. The
  514  Department of Health shall consider meals to be provided through
  515  the AMP only if the program is actively participating in the
  516  AMP, is in good standing with the department, and the meals meet
  517  AMP requirements. Standards, at a minimum, shall allow for a
  518  credentialed director to supervise multiple before-school and
  519  after-school sites.
  520         (7) SANITATION AND SAFETY.—
  521         (a) Minimum standards shall include requirements for
  522  sanitary and safety conditions, first aid treatment, emergency
  523  procedures, and pediatric cardiopulmonary resuscitation. The
  524  minimum standards shall require that at least one staff person
  525  trained in cardiopulmonary resuscitation, as evidenced by
  526  current documentation of course completion, must be present at
  527  all times that children are present.
  528         Section 12. Subsection (5) of section 402.315, Florida
  529  Statutes, is amended to read:
  530         402.315 Funding; license fees.—
  531         (5) All moneys collected by the department for child care
  532  licensing shall be held in a trust fund of the department to be
  533  reallocated to the department during the following fiscal year
  534  to fund child care licensing activities, including the Gold Seal
  535  Quality Care program created pursuant to s. 1002.945 s. 402.281.
  536         Section 13. Paragraph (a) of subsection (4) of section
  537  402.56, Florida Statutes, is amended to read:
  538         402.56 Children’s cabinet; organization; responsibilities;
  539  annual report.—
  540         (4) MEMBERS.—The cabinet shall consist of 16 members
  541  including the Governor and the following persons:
  542         (a)1. The Secretary of Children and Families;
  543         2. The Secretary of Juvenile Justice;
  544         3. The director of the Agency for Persons with
  545  Disabilities;
  546         4. A representative from the Division The director of the
  547  Office of Early Learning;
  548         5. The State Surgeon General;
  549         6. The Secretary of Health Care Administration;
  550         7. The Commissioner of Education;
  551         8. The director of the Statewide Guardian Ad Litem Office;
  552         9. A representative of the Office of Adoption and Child
  553  Protection;
  554         10. A superintendent of schools, appointed by the Governor;
  555  and
  556         11. Five members who represent children and youth advocacy
  557  organizations and who are not service providers, appointed by
  558  the Governor.
  559         Section 14. Paragraph (e) of subsection (2) of section
  560  411.226, Florida Statutes, is amended to read:
  561         411.226 Learning Gateway.—
  562         (2) LEARNING GATEWAY STEERING COMMITTEE.—
  563         (e) To support and facilitate system improvements, the
  564  steering committee must consult with representatives from the
  565  Department of Education, the Department of Health, the Office of
  566  Early Learning, the Department of Children and Families, the
  567  Agency for Health Care Administration, the Department of
  568  Juvenile Justice, and the Department of Corrections and with the
  569  director of the Learning Development and Evaluation Center of
  570  Florida Agricultural and Mechanical University.
  571         Section 15. Paragraph (d) of subsection (1), paragraph (a)
  572  of subsection (2), and paragraph (c) of subsection (3) of
  573  section 411.227, Florida Statutes, are amended to read:
  574         411.227 Components of the Learning Gateway.—The Learning
  575  Gateway system consists of the following components:
  576         (1) COMMUNITY EDUCATION STRATEGIES AND FAMILY-ORIENTED
  577  ACCESS.—
  578         (d) In collaboration with other local resources, the
  579  demonstration projects shall develop public awareness strategies
  580  to disseminate information about developmental milestones,
  581  precursors of learning problems and other developmental delays,
  582  and the service system that is available. The information should
  583  target parents of children from birth through age 9 and should
  584  be distributed to parents, health care providers, and caregivers
  585  of children from birth through age 9. A variety of media should
  586  be used as appropriate, such as print, television, radio, and a
  587  community-based Internet website, as well as opportunities such
  588  as those presented by parent visits to physicians for well-child
  589  checkups. The Learning Gateway Steering Committee shall provide
  590  technical assistance to the local demonstration projects in
  591  developing and distributing educational materials and
  592  information.
  593         1. Public awareness strategies targeting parents of
  594  children from birth through age 5 shall be designed to provide
  595  information to public and private preschool programs, child care
  596  providers, pediatricians, parents, and local businesses and
  597  organizations. These strategies should include information on
  598  the school readiness performance standards adopted by the
  599  Department of Education Office of Early Learning.
  600         2. Public awareness strategies targeting parents of
  601  children from ages 6 through 9 must be designed to disseminate
  602  training materials and brochures to parents and public and
  603  private school personnel, and must be coordinated with the local
  604  school board and the appropriate school advisory committees in
  605  the demonstration projects. The materials should contain
  606  information on state and district proficiency levels for grades
  607  K-3.
  608         (2) SCREENING AND DEVELOPMENTAL MONITORING.—
  609         (a) In coordination with the Office of Early Learning, the
  610  Department of Education, and the Florida Pediatric Society, and
  611  using information learned from the local demonstration projects,
  612  the Learning Gateway Steering Committee shall establish
  613  guidelines for screening children from birth through age 9. The
  614  guidelines should incorporate recent research on the indicators
  615  most likely to predict early learning problems, mild
  616  developmental delays, child-specific precursors of school
  617  failure, and other related developmental indicators in the
  618  domains of cognition; communication; attention; perception;
  619  behavior; and social, emotional, sensory, and motor functioning.
  620         (3) EARLY EDUCATION, SERVICES AND SUPPORTS.—
  621         (c) The steering committee, in cooperation with the
  622  Department of Children and Families and, the Department of
  623  Education, and the Office of Early Learning, shall identify the
  624  elements of an effective research-based curriculum for early
  625  care and education programs.
  626         Section 16. Subsection (1) of section 414.295, Florida
  627  Statutes, is amended to read:
  628         414.295 Temporary cash assistance programs; public records
  629  exemption.—
  630         (1) Personal identifying information of a temporary cash
  631  assistance program participant, a participant’s family, or a
  632  participant’s family or household member, except for information
  633  identifying a parent who does not live in the same home as the
  634  child, which is held by the department, the Office of Early
  635  Learning, CareerSource Florida, Inc., the Department of Health,
  636  the Department of Revenue, the Department of Education, or a
  637  local workforce development board or local committee created
  638  pursuant to s. 445.007 is confidential and exempt from s.
  639  119.07(1) and s. 24(a), Art. I of the State Constitution. Such
  640  confidential and exempt information may be released for purposes
  641  directly connected with:
  642         (a) The administration of the temporary assistance for
  643  needy families plan under Title IV-A of the Social Security Act,
  644  as amended, by the department, the Office of Early Learning,
  645  CareerSource Florida, Inc., the Department of Military Affairs,
  646  the Department of Health, the Department of Revenue, the
  647  Department of Education, a local workforce development board or
  648  local committee created pursuant to s. 445.007, or a school
  649  district.
  650         (b) The administration of the state’s plan or program
  651  approved under Title IV-B, Title IV-D, or Title IV-E of the
  652  Social Security Act, as amended, or under Title I, Title X,
  653  Title XIV, Title XVI, Title XIX, Title XX, or Title XXI of the
  654  Social Security Act, as amended.
  655         (c) An investigation, prosecution, or criminal, civil, or
  656  administrative proceeding conducted in connection with the
  657  administration of any of the plans or programs specified in
  658  paragraph (a) or paragraph (b) by a federal, state, or local
  659  governmental entity, upon request by that entity, if such
  660  request is made pursuant to the proper exercise of that entity’s
  661  duties and responsibilities.
  662         (d) The administration of any other state, federal, or
  663  federally assisted program that provides assistance or services
  664  on the basis of need, in cash or in kind, directly to a
  665  participant.
  666         (e) An audit or similar activity, such as a review of
  667  expenditure reports or financial review, conducted in connection
  668  with the administration of plans or programs specified in
  669  paragraph (a) or paragraph (b) by a governmental entity
  670  authorized by law to conduct such audit or activity.
  671         (f) The administration of the reemployment assistance
  672  program.
  673         (g) The reporting to the appropriate agency or official of
  674  information about known or suspected instances of physical or
  675  mental injury, sexual abuse or exploitation, or negligent
  676  treatment or maltreatment of a child or elderly person receiving
  677  assistance, if circumstances indicate that the health or welfare
  678  of the child or elderly person is threatened.
  679         (h) The administration of services to elderly persons under
  680  ss. 430.601-430.606.
  681         Section 17. Section 1000.01, Florida Statutes, is amended
  682  to read:
  683         1000.01 The Florida Early Learning-20 K-20 education
  684  system; technical provisions.—
  685         (1) NAME.—Chapters 1000 through 1013 shall be known and
  686  cited as the “Florida Early Learning-20 K-20 Education Code.”
  687         (2) LIBERAL CONSTRUCTION.—The provisions of the Florida
  688  Early Learning-20 K-20 Education Code shall be liberally
  689  construed to the end that its objectives may be effected. It is
  690  the legislative intent that if any section, subsection,
  691  sentence, clause, or provision of the Florida Early Learning-20
  692  K-20 Education Code is held invalid, the remainder of the code
  693  shall not be affected.
  694         (3) PURPOSE.—The purpose of the Florida Early Learning-20
  695  K-20 Education Code is to provide by law for a state system of
  696  schools, courses, classes, and educational institutions and
  697  services adequate to allow, for all Florida’s students, the
  698  opportunity to obtain a high quality education. The Florida
  699  Early Learning-20 K-20 education system is established to
  700  accomplish this purpose; however, nothing in this code shall be
  701  construed to require the provision of free public education
  702  beyond grade 12.
  703         (4) UNIFORM SYSTEM OF PUBLIC K-12 SCHOOLS INCLUDED.—As
  704  required by s. 1, Art. IX of the State Constitution, the Florida
  705  Early Learning-20 K-20 education system shall include the
  706  uniform system of free public K-12 schools. These public K-12
  707  schools shall provide 13 consecutive years of instruction,
  708  beginning with kindergarten, and shall also provide such
  709  instruction for students with disabilities, gifted students,
  710  limited English proficient students, and students in Department
  711  of Juvenile Justice programs as may be required by law. The
  712  funds for support and maintenance of the uniform system of free
  713  public K-12 schools shall be derived from state, district,
  714  federal, and other lawful sources or combinations of sources,
  715  including any fees charged nonresidents as provided by law.
  716         Section 18. Subsection (2) of section 1000.02, Florida
  717  Statutes, is amended to read:
  718         1000.02 Policy and guiding principles for the Florida K-20
  719  education system.—
  720         (2) The guiding principles for Florida’s Early Learning-20
  721  K-20 education system are:
  722         (a) A coordinated, seamless system for kindergarten through
  723  graduate school education.
  724         (b) A system that is student-centered in every facet.
  725         (c) A system that maximizes education access and allows the
  726  opportunity for a high quality education for all Floridians.
  727         (d) A system that safeguards equity and supports academic
  728  excellence.
  729         (e) A system that provides for local operational
  730  flexibility while promoting accountability for student
  731  achievement and improvement.
  732         Section 19. Section 1000.03, Florida Statutes, is amended
  733  to read:
  734         1000.03 Function, mission, and goals of the Florida Early
  735  Learning-20 K-20 education system.—
  736         (1) Florida’s Early Learning-20 K-20 education system shall
  737  be a decentralized system without excess layers of bureaucracy.
  738  Florida’s Early Learning-20 K-20 education system shall maintain
  739  a systemwide technology plan based on a common set of data
  740  definitions.
  741         (2)(a) The Legislature shall establish education policy,
  742  enact education laws, and appropriate and allocate education
  743  resources.
  744         (b) With the exception of matters relating to the State
  745  University System, the State Board of Education shall oversee
  746  the enforcement of all laws and rules, and the timely provision
  747  of direction, resources, assistance, intervention when needed,
  748  and strong incentives and disincentives to force accountability
  749  for results.
  750         (c) The Board of Governors shall oversee the enforcement of
  751  all state university laws and rules and regulations and the
  752  timely provision of direction, resources, assistance,
  753  intervention when needed, and strong incentives and
  754  disincentives to force accountability for results.
  755         (3) Public education is a cooperative function of the state
  756  and local educational authorities. The state retains
  757  responsibility for establishing a system of public education
  758  through laws, standards, and rules to assure efficient operation
  759  of an Early Learning-20 a K-20 system of public education and
  760  adequate educational opportunities for all individuals. Local
  761  educational authorities have a duty to fully and faithfully
  762  comply with state laws, standards, and rules and to efficiently
  763  use the resources available to them to assist the state in
  764  allowing adequate educational opportunities.
  765         (4) The mission of Florida’s Early Learning-20 K-20
  766  education system is to allow its students to increase their
  767  proficiency by allowing them the opportunity to expand their
  768  knowledge and skills through rigorous and relevant learning
  769  opportunities, in accordance with the mission statement and
  770  accountability requirements of s. 1008.31.
  771         (5) The priorities of Florida’s Early Learning-20 K-20
  772  education system include:
  773         (a) Learning and completion at all levels, including
  774  increased high school graduation rate and readiness for
  775  postsecondary education without remediation.—All students
  776  demonstrate increased learning and completion at all levels,
  777  graduate from high school, and are prepared to enter
  778  postsecondary education without remediation.
  779         (b) Student performance.—Students demonstrate that they
  780  meet the expected academic standards consistently at all levels
  781  of their education.
  782         (c) Civic literacy.—Students are prepared to become
  783  civically engaged and knowledgeable adults who make positive
  784  contributions to their communities.
  785         (d) Alignment of standards and resources.—Academic
  786  standards for every level of the Early Learning-20 K-20
  787  education system are aligned, and education financial resources
  788  are aligned with student performance expectations at each level
  789  of the Early Learning-20 K-20 education system.
  790         (e) Educational leadership.—The quality of educational
  791  leadership at all levels of Early Learning-20 K-20 education is
  792  improved.
  793         (f) Workforce education.—Workforce education is
  794  appropriately aligned with the skills required by the new global
  795  economy.
  796         (g) Parental, student, family, educational institution, and
  797  community involvement.—Parents, students, families, educational
  798  institutions, and communities are collaborative partners in
  799  education, and each plays an important role in the success of
  800  individual students. Therefore, the State of Florida cannot be
  801  the guarantor of each individual student’s success. The goals of
  802  Florida’s Early Learning-20 K-20 education system are not
  803  guarantees that each individual student will succeed or that
  804  each individual school will perform at the level indicated in
  805  the goals.
  806         (h) Comprehensive K-20 career and education planning.—It is
  807  essential that Florida’s Early Learning-20 K-20 education system
  808  better prepare all students at every level for the transition
  809  from school to postsecondary education or work by providing
  810  information regarding:
  811         1. Career opportunities, educational requirements
  812  associated with each career, educational institutions that
  813  prepare students to enter each career, and student financial aid
  814  available to pursue postsecondary instruction required to enter
  815  each career.
  816         2. How to make informed decisions about the program of
  817  study that best addresses the students’ interests and abilities
  818  while preparing them to enter postsecondary education or the
  819  workforce.
  820         3. Recommended coursework and programs that prepare
  821  students for success in their areas of interest and ability.
  822  
  823  This information shall be provided to students and parents
  824  through websites, handbooks, manuals, or other regularly
  825  provided communications.
  826         Section 20. Section 1000.04, Florida Statutes, is amended
  827  to read:
  828         1000.04 Components for the delivery of public education
  829  within the Florida Early Learning-20 K-20 education system.
  830  Florida’s Early Learning-20 K-20 education system provides for
  831  the delivery of early learning and public education through
  832  publicly supported and controlled K-12 schools, Florida College
  833  System institutions, state universities and other postsecondary
  834  educational institutions, other educational institutions, and
  835  other educational services as provided or authorized by the
  836  Constitution and laws of the state.
  837         (1)EARLY LEARNING.—Early learning includes the Voluntary
  838  Prekindergarten Education Program and the school readiness
  839  program.
  840         (2)(1) PUBLIC K-12 SCHOOLS.—The public K-12 schools include
  841  charter schools and consist of kindergarten classes; elementary,
  842  middle, and high school grades and special classes; virtual
  843  instruction programs; workforce education; career centers;
  844  adult, part-time, and evening schools, courses, or classes, as
  845  authorized by law to be operated under the control of district
  846  school boards; and lab schools operated under the control of
  847  state universities.
  848         (3)(2) PUBLIC POSTSECONDARY EDUCATIONAL INSTITUTIONS.
  849  Public postsecondary educational institutions include workforce
  850  education; Florida College System institutions; state
  851  universities; and all other state-supported postsecondary
  852  educational institutions that are authorized and established by
  853  law.
  854         (4)(3) FLORIDA SCHOOL FOR THE DEAF AND THE BLIND.—The
  855  Florida School for the Deaf and the Blind is a component of the
  856  delivery of public education within Florida’s Early Learning-20
  857  K-20 education system.
  858         (5)(4) THE FLORIDA VIRTUAL SCHOOL.—The Florida Virtual
  859  School is a component of the delivery of public education within
  860  Florida’s Early Learning-20 K-20 education system.
  861         Section 21. Section 1000.21, Florida Statutes, is amended
  862  to read:
  863         1000.21 Systemwide definitions.—As used in the Florida
  864  Early Learning-20 K-20 Education Code:
  865         (1) “Articulation” is the systematic coordination that
  866  provides the means by which students proceed toward their
  867  educational objectives in as rapid and student-friendly manner
  868  as their circumstances permit, from grade level to grade level,
  869  from elementary to middle to high school, to and through
  870  postsecondary education, and when transferring from one
  871  educational institution or program to another.
  872         (2) “Commissioner” is the Commissioner of Education.
  873         (3) “Florida College System institution” except as
  874  otherwise specifically provided, includes all of the following
  875  public postsecondary educational institutions in the Florida
  876  College System and any branch campuses, centers, or other
  877  affiliates of the institution:
  878         (a) Eastern Florida State College, which serves Brevard
  879  County.
  880         (b) Broward College, which serves Broward County.
  881         (c) College of Central Florida, which serves Citrus, Levy,
  882  and Marion Counties.
  883         (d) Chipola College, which serves Calhoun, Holmes, Jackson,
  884  Liberty, and Washington Counties.
  885         (e) Daytona State College, which serves Flagler and Volusia
  886  Counties.
  887         (f) Florida SouthWestern State College, which serves
  888  Charlotte, Collier, Glades, Hendry, and Lee Counties.
  889         (g) Florida State College at Jacksonville, which serves
  890  Duval and Nassau Counties.
  891         (h) The College of the Florida Keys, which serves Monroe
  892  County.
  893         (i) Gulf Coast State College, which serves Bay, Franklin,
  894  and Gulf Counties.
  895         (j) Hillsborough Community College, which serves
  896  Hillsborough County.
  897         (k) Indian River State College, which serves Indian River,
  898  Martin, Okeechobee, and St. Lucie Counties.
  899         (l) Florida Gateway College, which serves Baker, Columbia,
  900  Dixie, Gilchrist, and Union Counties.
  901         (m) Lake-Sumter State College, which serves Lake and Sumter
  902  Counties.
  903         (n) State College of Florida, Manatee-Sarasota, which
  904  serves Manatee and Sarasota Counties.
  905         (o) Miami Dade College, which serves Miami-Dade County.
  906         (p) North Florida College, which serves Hamilton,
  907  Jefferson, Lafayette, Madison, Suwannee, and Taylor Counties.
  908         (q) Northwest Florida State College, which serves Okaloosa
  909  and Walton Counties.
  910         (r) Palm Beach State College, which serves Palm Beach
  911  County.
  912         (s) Pasco-Hernando State College, which serves Hernando and
  913  Pasco Counties.
  914         (t) Pensacola State College, which serves Escambia and
  915  Santa Rosa Counties.
  916         (u) Polk State College, which serves Polk County.
  917         (v) St. Johns River State College, which serves Clay,
  918  Putnam, and St. Johns Counties.
  919         (w) St. Petersburg College, which serves Pinellas County.
  920         (x) Santa Fe College, which serves Alachua and Bradford
  921  Counties.
  922         (y) Seminole State College of Florida, which serves
  923  Seminole County.
  924         (z) South Florida State College, which serves DeSoto,
  925  Hardee, and Highlands Counties.
  926         (aa) Tallahassee Community College, which serves Gadsden,
  927  Leon, and Wakulla Counties.
  928         (bb) Valencia College, which serves Orange and Osceola
  929  Counties.
  930         (4) “Department” is the Department of Education.
  931         (5) “Parent” is either or both parents of a student, any
  932  guardian of a student, any person in a parental relationship to
  933  a student, or any person exercising supervisory authority over a
  934  student in place of the parent.
  935         (6) “State university,” except as otherwise specifically
  936  provided, includes the following institutions and any branch
  937  campuses, centers, or other affiliates of the institution:
  938         (a) The University of Florida.
  939         (b) The Florida State University.
  940         (c) The Florida Agricultural and Mechanical University.
  941         (d) The University of South Florida.
  942         (e) The Florida Atlantic University.
  943         (f) The University of West Florida.
  944         (g) The University of Central Florida.
  945         (h) The University of North Florida.
  946         (i) The Florida International University.
  947         (j) The Florida Gulf Coast University.
  948         (k) New College of Florida.
  949         (l) The Florida Polytechnic University.
  950         (7) “Next Generation Sunshine State Standards” means the
  951  state’s public K-12 curricular standards adopted under s.
  952  1003.41.
  953         (8) “Board of Governors” is the Board of Governors of the
  954  State University System.
  955         Section 22. Subsection (1) and paragraphs (e) and (s) of
  956  subsection (2) of section 1001.02, Florida Statutes, are amended
  957  to read:
  958         1001.02 General powers of State Board of Education.—
  959         (1) The State Board of Education is the chief implementing
  960  and coordinating body of public education in Florida except for
  961  the State University System, and it shall focus on high-level
  962  policy decisions. It has authority to adopt rules pursuant to
  963  ss. 120.536(1) and 120.54 to implement the provisions of law
  964  conferring duties upon it for the improvement of the state
  965  system of Early Learning-20 K-20 public education except for the
  966  State University System. Except as otherwise provided herein, it
  967  may, as it finds appropriate, delegate its general powers to the
  968  Commissioner of Education or the directors of the divisions of
  969  the department.
  970         (2) The State Board of Education has the following duties:
  971         (e) To adopt and submit to the Governor and Legislature, as
  972  provided in s. 216.023, a coordinated Early Learning-20 K-20
  973  education budget that estimates the expenditure requirements for
  974  the Board of Governors, as provided in s. 1001.706, the State
  975  Board of Education, including the Department of Education and
  976  the Commissioner of Education, and all of the boards,
  977  institutions, agencies, and services under the general
  978  supervision of the Board of Governors, as provided in s.
  979  1001.706, or the State Board of Education for the ensuing fiscal
  980  year. The State Board of Education may not amend the budget
  981  request submitted by the Board of Governors. Any program
  982  recommended by the Board of Governors or the State Board of
  983  Education which will require increases in state funding for more
  984  than 1 year must be presented in a multiyear budget plan.
  985         (s) To establish a detailed procedure for the
  986  implementation and operation of a systemwide K-20 technology
  987  plan that is based on a common set of data definitions.
  988         Section 23. Subsections (8) and (9) of section 1001.03,
  989  Florida Statutes, are amended to read:
  990         1001.03 Specific powers of State Board of Education.—
  991         (8) SYSTEMWIDE ENFORCEMENT.—The State Board of Education
  992  shall enforce compliance with law and state board rule by all
  993  school districts, early learning coalitions, and public
  994  postsecondary educational institutions, except for the State
  995  University System, in accordance with the provisions of s.
  996  1008.32.
  997         (9) MANAGEMENT INFORMATION DATABASES.—The State Board of
  998  Education, in conjunction with the Board of Governors regarding
  999  the State University System, shall continue to collect and
 1000  maintain, at a minimum, the management information databases for
 1001  state universities, and all other components of the public Early
 1002  Learning-20 K-20 education system as such databases existed on
 1003  June 30, 2002.
 1004         Section 24. Subsection (1), paragraphs (g), (k), and (l) of
 1005  subsection (6), and subsection (8) of section 1001.10, Florida
 1006  Statutes, are amended to read:
 1007         1001.10 Commissioner of Education; general powers and
 1008  duties.—
 1009         (1) The Commissioner of Education is the chief educational
 1010  officer of the state and the sole custodian of the Educational
 1011  K-20 data warehouse, and is responsible for giving full
 1012  assistance to the State Board of Education in enforcing
 1013  compliance with the mission and goals of the Early Learning K-20
 1014  education system, except for the State University System.
 1015         (6) Additionally, the commissioner has the following
 1016  general powers and duties:
 1017         (g) To submit to the State Board of Education, on or before
 1018  October 1 of each year, recommendations for a coordinated Early
 1019  Learning-20 K-20 education budget that estimates the
 1020  expenditures for the Board of Governors, the State Board of
 1021  Education, including the Department of Education and the
 1022  Commissioner of Education, and all of the boards, institutions,
 1023  agencies, and services under the general supervision of the
 1024  Board of Governors or the State Board of Education for the
 1025  ensuing fiscal year. Any program recommended to the State Board
 1026  of Education that will require increases in state funding for
 1027  more than 1 year must be presented in a multiyear budget plan.
 1028         (k) To prepare, publish, and disseminate user-friendly
 1029  materials relating to the state’s education system, including
 1030  the state’s K-12 scholarship programs, the school readiness
 1031  program, and the Voluntary Prekindergarten Education Program.
 1032         (l) To prepare and publish annually reports giving
 1033  statistics and other useful information pertaining to the
 1034  state’s K-12 scholarship programs, the school readiness program,
 1035  and the Voluntary Prekindergarten Education Program.
 1036         (8) In the event of an emergency situation, the
 1037  commissioner may coordinate through the most appropriate means
 1038  of communication with early learning coalitions, local school
 1039  districts, Florida College System institutions, and satellite
 1040  offices of the Division of Blind Services and the Division of
 1041  Vocational Rehabilitation to assess the need for resources and
 1042  assistance to enable each school, institution, or satellite
 1043  office the ability to reopen as soon as possible after
 1044  considering the health, safety, and welfare of students and
 1045  clients.
 1046         Section 25. Paragraph (b) of subsection (1) and subsection
 1047  (4) of section 1001.11, Florida Statutes, are amended to read:
 1048         1001.11 Commissioner of Education; other duties.—
 1049         (1) The Commissioner of Education must independently
 1050  perform the following duties:
 1051         (b) Serve as the primary source of information to the
 1052  Legislature, including the President of the Senate and the
 1053  Speaker of the House of Representatives, concerning the State
 1054  Board of Education, the Early Learning-20 K-20 education system,
 1055  and early learning programs.
 1056         (4) The commissioner shall develop and implement an
 1057  integrated Early Learning-20 K-20 information system for
 1058  educational management in accordance with the requirements of
 1059  chapter 1008.
 1060         Section 26. Section 1001.213, Florida Statutes, is
 1061  repealed.
 1062         Section 27. Subsection (7) of section 1001.215, Florida
 1063  Statutes, is amended to read:
 1064         1001.215 Just Read, Florida! Office.—There is created in
 1065  the Department of Education the Just Read, Florida! Office. The
 1066  office is fully accountable to the Commissioner of Education and
 1067  shall:
 1068         (7) Review, evaluate, and provide technical assistance to
 1069  school districts’ implementation of the K-12 comprehensive
 1070  reading plan required in s. 1011.62(9).
 1071         Section 28. Subsection (1) of section 1001.23, Florida
 1072  Statutes, is amended to read:
 1073         1001.23 Specific powers and duties of the Department of
 1074  Education.—In addition to all other duties assigned to it by law
 1075  or by rule of the State Board of Education, the department
 1076  shall:
 1077         (1)Adopt the statewide kindergarten screening in
 1078  accordance with s. 1002.69.
 1079         Section 29. Subsection (3) of section 1001.70, Florida
 1080  Statutes, is amended to read:
 1081         1001.70 Board of Governors of the State University System.—
 1082         (3) The Board of Governors, in exercising its authority
 1083  under the State Constitution and statutes, shall exercise its
 1084  authority in a manner that supports, promotes, and enhances an
 1085  Early Learning-20 a K-20 education system that provides
 1086  affordable access to postsecondary educational opportunities for
 1087  residents of the state to the extent authorized by the State
 1088  Constitution and state law.
 1089         Section 30. Subsection (3) of section 1002.32, Florida
 1090  Statutes, is amended to read:
 1091         1002.32 Developmental research (laboratory) schools.—
 1092         (3) MISSION.—The mission of a lab school shall be the
 1093  provision of a vehicle for the conduct of research,
 1094  demonstration, and evaluation regarding management, teaching,
 1095  and learning. Programs to achieve the mission of a lab school
 1096  shall embody the goals and standards established pursuant to ss.
 1097  1000.03(5) and 1001.23(1) 1001.23(2) and shall ensure an
 1098  appropriate education for its students.
 1099         (a) Each lab school shall emphasize mathematics, science,
 1100  computer science, and foreign languages. The primary goal of a
 1101  lab school is to enhance instruction and research in such
 1102  specialized subjects by using the resources available on a state
 1103  university campus, while also providing an education in
 1104  nonspecialized subjects. Each lab school shall provide
 1105  sequential elementary and secondary instruction where
 1106  appropriate. A lab school may not provide instruction at grade
 1107  levels higher than grade 12 without authorization from the State
 1108  Board of Education. Each lab school shall develop and implement
 1109  a school improvement plan pursuant to s. 1003.02(3).
 1110         (b) Research, demonstration, and evaluation conducted at a
 1111  lab school may be generated by the college of education and
 1112  other colleges within the university with which the school is
 1113  affiliated.
 1114         (c) Research, demonstration, and evaluation conducted at a
 1115  lab school may be generated by the State Board of Education.
 1116  Such research shall respond to the needs of the education
 1117  community at large, rather than the specific needs of the
 1118  affiliated college.
 1119         (d) Research, demonstration, and evaluation conducted at a
 1120  lab school may consist of pilot projects to be generated by the
 1121  affiliated college, the State Board of Education, or the
 1122  Legislature.
 1123         (e) The exceptional education programs offered at a lab
 1124  school shall be determined by the research and evaluation goals
 1125  and the availability of students for efficiently sized programs.
 1126  The fact that a lab school offers an exceptional education
 1127  program in no way lessens the general responsibility of the
 1128  local school district to provide exceptional education programs.
 1129         (10) EXCEPTIONS TO LAW.—To encourage innovative practices
 1130  and facilitate the mission of the lab schools, in addition to
 1131  the exceptions to law specified in s. 1001.23(1) s. 1001.23(2),
 1132  the following exceptions shall be permitted for lab schools:
 1133         (a) The methods and requirements of the following statutes
 1134  shall be held in abeyance: ss. 316.75; 1001.30; 1001.31;
 1135  1001.32; 1001.33; 1001.34; 1001.35; 1001.36; 1001.361; 1001.362;
 1136  1001.363; 1001.37; 1001.371; 1001.372; 1001.38; 1001.39;
 1137  1001.395; 1001.40; 1001.41; 1001.44; 1001.453; 1001.46;
 1138  1001.461; 1001.462; 1001.463; 1001.464; 1001.47; 1001.48;
 1139  1001.49; 1001.50; 1001.51; 1006.12(2); 1006.21(3), (4); 1006.23;
 1140  1010.07(2); 1010.40; 1010.41; 1010.42; 1010.43; 1010.44;
 1141  1010.45; 1010.46; 1010.47; 1010.48; 1010.49; 1010.50; 1010.51;
 1142  1010.52; 1010.53; 1010.54; 1010.55; 1011.02(1)-(3), (5);
 1143  1011.04; 1011.20; 1011.21; 1011.22; 1011.23; 1011.71; 1011.72;
 1144  1011.73; and 1011.74.
 1145         (b) With the exception of s. 1001.42(18), s. 1001.42 shall
 1146  be held in abeyance. Reference to district school boards in s.
 1147  1001.42(18) shall mean the president of the university or the
 1148  president’s designee.
 1149         Section 31. Paragraph (b) of subsection (10) of section
 1150  1002.34, Florida Statutes, is amended to read:
 1151         1002.34 Charter technical career centers.—
 1152         (10) EXEMPTION FROM STATUTES.—
 1153         (b) A center must comply with the Florida Early Learning-20
 1154  K-20 Education Code with respect to providing services to
 1155  students with disabilities.
 1156         Section 32. Subsection (1) of section 1002.36, Florida
 1157  Statutes, is amended to read:
 1158         1002.36 Florida School for the Deaf and the Blind.—
 1159         (1) RESPONSIBILITIES.—The Florida School for the Deaf and
 1160  the Blind, located in St. Johns County, is a state-supported
 1161  residential public school for hearing-impaired and visually
 1162  impaired students in preschool through 12th grade. The school is
 1163  a component of the delivery of public education within Florida’s
 1164  Early Learning-20 K-20 education system and shall be funded
 1165  through the Department of Education. The school shall provide
 1166  educational programs and support services appropriate to meet
 1167  the education and related evaluation and counseling needs of
 1168  hearing-impaired and visually impaired students in the state who
 1169  meet enrollment criteria. Unless otherwise provided by law, the
 1170  school shall comply with all laws and rules applicable to state
 1171  agencies. Education services may be provided on an outreach
 1172  basis for sensory-impaired children ages 0 through 5 years and
 1173  to district school boards upon request. Graduates of the Florida
 1174  School for the Deaf and the Blind shall be eligible for the
 1175  William L. Boyd, IV, Effective Access to Student Education Grant
 1176  Program as provided in s. 1009.89.
 1177         Section 33. Paragraph (b) of subsection (4) and subsection
 1178  (5) of section 1002.53, Florida Statutes, are amended, and
 1179  paragraph (d) is added to subsection (6), to read:
 1180         1002.53 Voluntary Prekindergarten Education Program;
 1181  eligibility and enrollment.—
 1182         (4)
 1183         (b) The application must be submitted on forms prescribed
 1184  by the department Office of Early Learning and must be
 1185  accompanied by a certified copy of the child’s birth
 1186  certificate. The forms must include a certification, in
 1187  substantially the form provided in s. 1002.71(6)(b)2., that the
 1188  parent chooses the private prekindergarten provider or public
 1189  school in accordance with this section and directs that payments
 1190  for the program be made to the provider or school. The
 1191  department Office of Early Learning may authorize alternative
 1192  methods for submitting proof of the child’s age in lieu of a
 1193  certified copy of the child’s birth certificate.
 1194         (5) The early learning coalition shall provide each parent
 1195  enrolling a child in the Voluntary Prekindergarten Education
 1196  Program with a profile of every private prekindergarten provider
 1197  and public school delivering the program within the county where
 1198  the child is being enrolled. The profiles shall be provided to
 1199  parents in a format prescribed by the department Office of Early
 1200  Learning. The profiles must include, at a minimum, the following
 1201  information about each provider and school:
 1202         (a) The provider’s or school’s services, curriculum,
 1203  instructor credentials, and instructor-to-student ratio; and
 1204         (b) The provider’s or school’s kindergarten readiness rate
 1205  calculated in accordance with s. 1002.69, based upon the most
 1206  recent available results of the statewide kindergarten screening
 1207  or, when available, the performance metric in accordance with s.
 1208  1002.68.
 1209         (6)
 1210         (d)Each parent who enrolls his or her child in the
 1211  Voluntary Prekindergarten Education Program must allow his or
 1212  her child to participate in the coordinated screening and
 1213  progress-monitoring program under s. 1008.2125.
 1214         Section 34. Paragraphs (a), (b), (c), (e), (g), (h), (i),
 1215  (j), and (l) of subsection (3), subsection (4), and paragraph
 1216  (b) of subsection (5) of section 1002.55, Florida Statutes, are
 1217  amended, and subsection (6) is added to that section, to read:
 1218         1002.55 School-year prekindergarten program delivered by
 1219  private prekindergarten providers.—
 1220         (3) To be eligible to deliver the prekindergarten program,
 1221  a private prekindergarten provider must meet each of the
 1222  following requirements:
 1223         (a) The private prekindergarten provider must be a child
 1224  care facility licensed under s. 402.305, family day care home
 1225  licensed under s. 402.313, large family child care home licensed
 1226  under s. 402.3131, nonpublic school exempt from licensure under
 1227  s. 402.3025(2), or faith-based child care provider exempt from
 1228  licensure under s. 402.316, child development program that is
 1229  operating on a military installation that is certified by the
 1230  United States Department of Defense and accredited by a national
 1231  accrediting body, or a private prekindergarten provider who has
 1232  been issued a provisional license pursuant to s. 402.309. A
 1233  private prekindergarten provider may not deliver the program
 1234  while its license has been converted to a probation-status
 1235  license pursuant to s. 402.310.
 1236         (b) The private prekindergarten provider must:
 1237         1. Be accredited by an accrediting association that is a
 1238  member of the National Council for Private School Accreditation,
 1239  or the Florida Association of Academic Nonpublic Schools, or be
 1240  accredited by the Southern Association of Colleges and Schools,
 1241  or Western Association of Colleges and Schools, or North Central
 1242  Association of Colleges and Schools, or Middle States
 1243  Association of Colleges and Schools, or New England Association
 1244  of Colleges and Schools; and have written accreditation
 1245  standards that meet or exceed the state’s licensing requirements
 1246  under s. 402.305, s. 402.313, or s. 402.3131 and require at
 1247  least one onsite visit to the provider or school before
 1248  accreditation is granted;
 1249         2. Hold a current Gold Seal Quality Care designation under
 1250  s. 1002.945 s. 402.281; or
 1251         3. Be licensed under s. 402.305, s. 402.313, or s. 402.3131
 1252  and demonstrate, before delivering the Voluntary Prekindergarten
 1253  Education Program, as verified by the early learning coalition,
 1254  that the provider meets each of the requirements of the program
 1255  under this part, including, but not limited to, the requirements
 1256  for credentials and background screenings of prekindergarten
 1257  instructors under paragraphs (c) and (d), minimum and maximum
 1258  class sizes under paragraph (f), prekindergarten director
 1259  credentials under paragraph (g), and a developmentally
 1260  appropriate curriculum under s. 1002.67(2)(b).
 1261         (c) The private prekindergarten provider must have, for
 1262  each prekindergarten class of 11 children or fewer, at least one
 1263  prekindergarten instructor who meets each of the following
 1264  requirements:
 1265         1. The prekindergarten instructor must hold, at a minimum,
 1266  one of the following credentials:
 1267         a. A child development associate credential issued by the
 1268  National Credentialing Program of the Council for Professional
 1269  Recognition; or
 1270         b. A credential approved by the Department of Children and
 1271  Families as being equivalent to or greater than the credential
 1272  described in sub-subparagraph a.
 1273  
 1274  The Department of Children and Families may adopt rules under
 1275  ss. 120.536(1) and 120.54 which provide criteria and procedures
 1276  for approving equivalent credentials under sub-subparagraph b.
 1277         2. The prekindergarten instructor must successfully
 1278  complete at least three an emergent literacy training courses
 1279  course and a student performance standards training course
 1280  approved by the department office as meeting or exceeding the
 1281  minimum standards adopted under s. 1002.59. The requirement for
 1282  completion of the standards training course shall take effect
 1283  July 1, 2021 2014, and the course shall be free or at a low cost
 1284  and available online or in person.
 1285         (e) A private prekindergarten provider may assign a
 1286  substitute instructor to temporarily replace a credentialed
 1287  instructor if the credentialed instructor assigned to a
 1288  prekindergarten class is absent, as long as the substitute
 1289  instructor is of good moral character and has been screened
 1290  before employment in accordance with level 2 background
 1291  screening requirements in chapter 435. The department Office of
 1292  Early Learning shall adopt rules to implement this paragraph
 1293  which shall include required qualifications of substitute
 1294  instructors and the circumstances and time limits for which a
 1295  private prekindergarten provider may assign a substitute
 1296  instructor.
 1297         (g) The private prekindergarten provider must have a
 1298  prekindergarten director who has a prekindergarten director
 1299  credential that is approved by the department office as meeting
 1300  or exceeding the minimum standards adopted under s. 1002.57.
 1301  Successful completion of a child care facility director
 1302  credential under s. 402.305(2)(g) before the establishment of
 1303  the prekindergarten director credential under s. 1002.57 or July
 1304  1, 2006, whichever occurs later, satisfies the requirement for a
 1305  prekindergarten director credential under this paragraph.
 1306         (h) The private prekindergarten provider must register with
 1307  the early learning coalition on forms prescribed by the
 1308  department Office of Early Learning.
 1309         (i) The private prekindergarten provider must execute the
 1310  statewide provider contract prescribed under s. 1002.73 s.
 1311  1002.75, except that an individual who owns or operates multiple
 1312  private prekindergarten providers within a coalition’s service
 1313  area may execute a single agreement with the coalition on behalf
 1314  of each provider.
 1315         (j) The private prekindergarten provider must maintain
 1316  general liability insurance and provide the coalition with
 1317  written evidence of general liability insurance coverage,
 1318  including coverage for transportation of children if
 1319  prekindergarten students are transported by the provider. A
 1320  provider must obtain and retain an insurance policy that
 1321  provides a minimum of $100,000 of coverage per occurrence and a
 1322  minimum of $300,000 general aggregate coverage. The department
 1323  office may authorize lower limits upon request, as appropriate.
 1324  A provider must add the coalition as a named certificateholder
 1325  and as an additional insured. A provider must provide the
 1326  coalition with a minimum of 10 calendar days’ advance written
 1327  notice of cancellation of or changes to coverage. The general
 1328  liability insurance required by this paragraph must remain in
 1329  full force and effect for the entire period of the provider
 1330  contract with the coalition.
 1331         (l) Notwithstanding paragraph (j), for a private
 1332  prekindergarten provider that is a state agency or a subdivision
 1333  thereof, as defined in s. 768.28(2), the provider must agree to
 1334  notify the coalition of any additional liability coverage
 1335  maintained by the provider in addition to that otherwise
 1336  established under s. 768.28. The provider shall indemnify the
 1337  coalition to the extent permitted by s. 768.28. Notwithstanding
 1338  paragraph (k), for a child development program operating on a
 1339  military installation that is certified by the United States
 1340  Department of Defense and accredited by a national accrediting
 1341  body, the provider may demonstrate liability coverage by
 1342  affirming that it is subject to the Tort Claims Act, 28 U.S.C.
 1343  s. 2671 et seq.
 1344         (4) A prekindergarten instructor, in lieu of the minimum
 1345  credentials and courses required under paragraph (3)(c), may
 1346  hold one of the following educational credentials:
 1347         (a) A bachelor’s or higher degree in early childhood
 1348  education, prekindergarten or primary education, preschool
 1349  education, or family and consumer science;
 1350         (b) A bachelor’s or higher degree in elementary education,
 1351  if the prekindergarten instructor has been certified to teach
 1352  children any age from birth through 6th grade, regardless of
 1353  whether the instructor’s educator certificate is current, and if
 1354  the instructor is not ineligible to teach in a public school
 1355  because his or her educator certificate is suspended or revoked;
 1356         (c) An associate’s or higher degree in child development;
 1357         (d) An associate’s or higher degree in an unrelated field,
 1358  at least 6 credit hours in early childhood education or child
 1359  development, and at least 480 hours of experience in teaching or
 1360  providing child care services for children any age from birth
 1361  through 8 years of age; or
 1362         (e) An educational credential approved by the department as
 1363  being equivalent to or greater than an educational credential
 1364  described in this subsection. The department may adopt criteria
 1365  and procedures for approving equivalent educational credentials
 1366  under this paragraph.
 1367         (5)
 1368         (b) Notwithstanding any other provision of law, if a
 1369  private prekindergarten provider has been cited for a Class I
 1370  violation, as defined by rule by the Child Care Services Program
 1371  Office of the Department of Children and Families, the coalition
 1372  may refuse to contract with the provider.
 1373         (6)Each early learning coalition must verify that each
 1374  private prekindergarten provider delivering the Voluntary
 1375  Prekindergarten Education Program within the coalition’s county
 1376  or multicounty region complies with this part. If a private
 1377  prekindergarten provider fails or refuses to comply with this
 1378  part or if a provider engages in misconduct, the department
 1379  shall require the early learning coalition to remove the
 1380  provider from eligibility to deliver the program and receive
 1381  state funds under this part for a period of at least 2 years but
 1382  not more than 5 years.
 1383         Section 35. Present paragraphs (b) and (c) of subsection
 1384  (2) of section 1002.57, Florida Statutes, are redesignated as
 1385  paragraphs (c) and (d), respectively, a new paragraph (b) is
 1386  added to that subsection, and subsection (1) of that section is
 1387  amended, to read:
 1388         1002.57 Prekindergarten director credential.—
 1389         (1) The department office, in consultation with the
 1390  Department of Children and Families, shall adopt minimum
 1391  standards for a credential for prekindergarten directors of
 1392  private prekindergarten providers delivering the Voluntary
 1393  Prekindergarten Education Program. The credential must encompass
 1394  requirements for education and onsite experience.
 1395         (2) The educational requirements must include training in
 1396  the following:
 1397         (a) Professionally accepted standards for prekindergarten
 1398  programs, early learning, and strategies and techniques to
 1399  address the age-appropriate progress of prekindergarten students
 1400  in attaining the performance standards adopted by the department
 1401  under s. 1002.67;
 1402         (b)Implementation of curriculum and usage of student-level
 1403  data to inform the delivery of instruction;
 1404         (c)(b) Strategies that allow students with disabilities and
 1405  other special needs to derive maximum benefit from the Voluntary
 1406  Prekindergarten Education Program; and
 1407         (d)(c) Program administration and operations, including
 1408  management, organizational leadership, and financial and legal
 1409  issues.
 1410         Section 36. Section 1002.59, Florida Statutes, is amended
 1411  to read:
 1412         1002.59 Emergent literacy and performance standards
 1413  training courses.—
 1414         (1) The department office shall adopt minimum standards for
 1415  one or more training courses in emergent literacy for
 1416  prekindergarten instructors. Each course must comprise 5 clock
 1417  hours and provide instruction in strategies and techniques to
 1418  address the age-appropriate progress of prekindergarten students
 1419  in developing emergent literacy skills, including oral
 1420  communication, knowledge of print and letters, phonemic and
 1421  phonological awareness, and vocabulary and comprehension
 1422  development. Each course must also provide resources containing
 1423  strategies that allow students with disabilities and other
 1424  special needs to derive maximum benefit from the Voluntary
 1425  Prekindergarten Education Program. Successful completion of an
 1426  emergent literacy training course approved under this section
 1427  satisfies requirements for approved training in early literacy
 1428  and language development under ss. 402.305(2)(e)5., 402.313(6),
 1429  and 402.3131(5).
 1430         (2) The department office shall adopt minimum standards for
 1431  one or more training courses on the performance standards
 1432  adopted under s. 1002.67(1). Each course must consist of
 1433  comprise at least 3 clock hours, provide instruction in
 1434  strategies and techniques to address age-appropriate progress of
 1435  each child in attaining the standards, and be available online.
 1436         (3)The department shall make available online professional
 1437  development and training courses consisting of at least 8 clock
 1438  hours that support prekindergarten instructors in increasing the
 1439  competency of teacher-child interactions.
 1440         Section 37. Present subsections (6) through (8) of section
 1441  1002.61, Florida Statutes, are redesignated as subsections (7)
 1442  through (9), respectively, new subsections (6) and (10) are
 1443  added to that section, and paragraph (b) of subsection (1),
 1444  paragraph (b) of subsection (3), subsection (4), and present
 1445  subsections (6) and (8) of that section are amended, to read:
 1446         1002.61 Summer prekindergarten program delivered by public
 1447  schools and private prekindergarten providers.—
 1448         (1)
 1449         (b) Each early learning coalition shall administer the
 1450  Voluntary Prekindergarten Education Program at the county or
 1451  regional level for students enrolled under s. 1002.53(3)(b) in a
 1452  summer prekindergarten program delivered by a private
 1453  prekindergarten provider. A child development program operating
 1454  on a military installation that is certified by the United
 1455  States Department of Defense and accredited by a national
 1456  accrediting body may administer the summer prekindergarten
 1457  program as a private prekindergarten provider.
 1458         (3)
 1459         (b) Each public school delivering the summer
 1460  prekindergarten program must execute the statewide provider
 1461  contract prescribed under s. 1002.73 s. 1002.75, except that the
 1462  school district may execute a single agreement with the early
 1463  learning coalition on behalf of all district schools.
 1464         (4) Notwithstanding ss. 1002.55(3)(c)1. and 1002.63(4),
 1465  each public school and private prekindergarten provider must
 1466  have, for each prekindergarten class, at least one
 1467  prekindergarten instructor who is a certified teacher or holds
 1468  one of the educational credentials specified in s. 1002.55(4)(a)
 1469  or (b). As used in this subsection, the term “certified teacher”
 1470  means a teacher holding a valid Florida educator certificate
 1471  under s. 1012.56 who has the qualifications required by the
 1472  district school board to instruct students in the summer
 1473  prekindergarten program. In selecting instructional staff for
 1474  the summer prekindergarten program, each school district shall
 1475  give priority to teachers who have experience or coursework in
 1476  early childhood education and have completed emergent literacy
 1477  and performance standards courses, as defined in s.
 1478  1002.55(3)(c)2.
 1479         (6)A child development program operating on a military
 1480  installation that is certified by the United States Department
 1481  of Defense and accredited by a national accrediting body shall
 1482  comply with the requirements of a private prekindergarten
 1483  provider in this section.
 1484         (7)(6) A public school or private prekindergarten provider
 1485  may assign a substitute instructor to temporarily replace a
 1486  credentialed instructor if the credentialed instructor assigned
 1487  to a prekindergarten class is absent, as long as the substitute
 1488  instructor is of good moral character and has been screened
 1489  before employment in accordance with level 2 background
 1490  screening requirements in chapter 435. This subsection does not
 1491  supersede employment requirements for instructional personnel in
 1492  public schools which are more stringent than the requirements of
 1493  this subsection. The department Office of Early Learning shall
 1494  adopt rules to implement this subsection which shall include
 1495  required qualifications of substitute instructors and the
 1496  circumstances and time limits for which a public school or
 1497  private prekindergarten provider may assign a substitute
 1498  instructor.
 1499         (9)(8) Each public school delivering the summer
 1500  prekindergarten program must also register with the early
 1501  learning coalition on forms prescribed by the department Office
 1502  of Early Learning and deliver the Voluntary Prekindergarten
 1503  Education Program in accordance with this part.
 1504         (10)(a)Each early learning coalition shall verify that
 1505  each private prekindergarten provider delivering the Voluntary
 1506  Prekindergarten Education Program within the coalition’s county
 1507  or multicounty region complies with this part. Each district
 1508  school board shall verify that each public school delivering the
 1509  program within the school district complies with this part.
 1510         (b)If a private prekindergarten provider or public school
 1511  fails or refuses to comply with this part, or if a provider or
 1512  school engages in misconduct, the department shall require the
 1513  early learning coalition to remove the provider or require the
 1514  school district to remove the school from eligibility to deliver
 1515  the Voluntary Prekindergarten Education Program and receive
 1516  state funds under this part for a period of at least 2 years but
 1517  not more than 5 years.
 1518         Section 38. Paragraph (b) of subsection (3) and subsections
 1519  (6) and (8) of section 1002.63, Florida Statutes, are amended,
 1520  and subsection (9) is added to that section, to read:
 1521         1002.63 School-year prekindergarten program delivered by
 1522  public schools.—
 1523         (3)
 1524         (b) Each public school delivering the school-year
 1525  prekindergarten program must execute the statewide provider
 1526  contract prescribed under s. 1002.73 s. 1002.75, except that the
 1527  school district may execute a single agreement with the early
 1528  learning coalition on behalf of all district schools.
 1529         (6) A public school prekindergarten provider may assign a
 1530  substitute instructor to temporarily replace a credentialed
 1531  instructor if the credentialed instructor assigned to a
 1532  prekindergarten class is absent, as long as the substitute
 1533  instructor is of good moral character and has been screened
 1534  before employment in accordance with level 2 background
 1535  screening requirements in chapter 435. This subsection does not
 1536  supersede employment requirements for instructional personnel in
 1537  public schools which are more stringent than the requirements of
 1538  this subsection. The State Board of Education Office of Early
 1539  Learning shall adopt rules to implement this subsection which
 1540  shall include required qualifications of substitute instructors
 1541  and the circumstances and time limits for which a public school
 1542  prekindergarten provider may assign a substitute instructor.
 1543         (8) Each public school delivering the school-year
 1544  prekindergarten program must register with the early learning
 1545  coalition on forms prescribed by the department Office of Early
 1546  Learning and deliver the Voluntary Prekindergarten Education
 1547  Program in accordance with this part.
 1548         (9)(a)Each district school board shall verify that each
 1549  public school delivering the Voluntary Prekindergarten Education
 1550  Program within the school district complies with this part.
 1551         (b)If a public school fails or refuses to comply with this
 1552  part, or if a school engages in misconduct, the department shall
 1553  require the school district to remove the school from
 1554  eligibility to deliver the Voluntary Prekindergarten Education
 1555  Program and receive state funds under this part for a period of
 1556  at least 2 years but not more than 5 years.
 1557         Section 39. Section 1002.67, Florida Statutes, is amended
 1558  to read:
 1559         1002.67 Performance standards and; curricula and
 1560  accountability.—
 1561         (1)(a) The department office shall develop and adopt
 1562  performance standards for students in the Voluntary
 1563  Prekindergarten Education Program. The performance standards
 1564  must address the age-appropriate progress of students in the
 1565  development of:
 1566         1. The capabilities, capacities, and skills required under
 1567  s. 1(b), Art. IX of the State Constitution; and
 1568         2. Emergent literacy skills, including oral communication,
 1569  knowledge of print and letters, phonemic and phonological
 1570  awareness, and vocabulary and comprehension development; and
 1571         3.Mathematical thinking and early math skills.
 1572  
 1573  By October 1, 2013, the office shall examine the existing
 1574  performance standards in the area of mathematical thinking and
 1575  develop a plan to make appropriate professional development and
 1576  training courses available to prekindergarten instructors.
 1577         (b) At least every 3 years, the department office shall
 1578  periodically review and, if necessary, revise the performance
 1579  standards established under s. 1002.67 for the statewide
 1580  kindergarten screening administered under s. 1002.69 and align
 1581  the standards to the standards established by the state board
 1582  for student performance on the statewide assessments
 1583  administered pursuant to s. 1008.22.
 1584         (2)(a) Each private prekindergarten provider and public
 1585  school may select or design the curriculum that the provider or
 1586  school uses to implement the Voluntary Prekindergarten Education
 1587  Program, except as otherwise required for a provider or school
 1588  that is placed on probation under s. 1002.68 paragraph (4)(c).
 1589         (b) Each private prekindergarten provider’s and public
 1590  school’s curriculum must be developmentally appropriate and
 1591  must:
 1592         1. Be designed to prepare a student for early literacy and
 1593  provide for instruction in early math skills;
 1594         2. Enhance the age-appropriate progress of students in
 1595  attaining the performance standards adopted by the department
 1596  under subsection (1); and
 1597         3. Support student learning gains through differentiated
 1598  instruction that shall be measured by the coordinated screening
 1599  and progress-monitoring program under s. 1008.2125 Prepare
 1600  students to be ready for kindergarten based upon the statewide
 1601  kindergarten screening administered under s. 1002.69.
 1602         (c) The State Board of Education office shall adopt rules
 1603  for the review and approval of approve curricula for use by
 1604  private prekindergarten providers and public schools that are
 1605  placed on probation under s. 1002.68 paragraph (4)(c). The
 1606  department office shall administer the review and approval
 1607  process and maintain a list of the curricula approved under this
 1608  paragraph. Each approved curriculum must meet the requirements
 1609  of paragraph (b).
 1610         (3)(a)Contingent upon legislative appropriation, each
 1611  private prekindergarten provider and public school in the
 1612  Voluntary Prekindergarten Education Program must implement an
 1613  evidence-based pre- and post-assessment that has been approved
 1614  by rule of the State Board of Education.
 1615         (b)In order to be approved, the assessment must be valid,
 1616  reliable, developmentally appropriate, and designed to measure
 1617  student progress on domains which must include, but are not
 1618  limited to, early literacy, numeracy, and language.
 1619         (c)The pre- and post-assessment must be administered by
 1620  individuals meeting requirements established by rule of the
 1621  State Board of Education.
 1622         (4)(a)Each early learning coalition shall verify that each
 1623  private prekindergarten provider delivering the Voluntary
 1624  Prekindergarten Education Program within the coalition’s county
 1625  or multicounty region complies with this part. Each district
 1626  school board shall verify that each public school delivering the
 1627  program within the school district complies with this part.
 1628         (b)If a private prekindergarten provider or public school
 1629  fails or refuses to comply with this part, or if a provider or
 1630  school engages in misconduct, the office shall require the early
 1631  learning coalition to remove the provider and require the school
 1632  district to remove the school from eligibility to deliver the
 1633  Voluntary Prekindergarten Education Program and receive state
 1634  funds under this part for a period of 5 years.
 1635         (c)1.If the kindergarten readiness rate of a private
 1636  prekindergarten provider or public school falls below the
 1637  minimum rate adopted by the office as satisfactory under s.
 1638  1002.69(6), the early learning coalition or school district, as
 1639  applicable, shall require the provider or school to submit an
 1640  improvement plan for approval by the coalition or school
 1641  district, as applicable, and to implement the plan; shall place
 1642  the provider or school on probation; and shall require the
 1643  provider or school to take certain corrective actions, including
 1644  the use of a curriculum approved by the office under paragraph
 1645  (2)(c) or a staff development plan to strengthen instruction in
 1646  language development and phonological awareness approved by the
 1647  office.
 1648         2.A private prekindergarten provider or public school that
 1649  is placed on probation must continue the corrective actions
 1650  required under subparagraph 1., including the use of a
 1651  curriculum or a staff development plan to strengthen instruction
 1652  in language development and phonological awareness approved by
 1653  the office, until the provider or school meets the minimum rate
 1654  adopted by the office as satisfactory under s. 1002.69(6).
 1655  Failure to implement an approved improvement plan or staff
 1656  development plan shall result in the termination of the
 1657  provider’s contract to deliver the Voluntary Prekindergarten
 1658  Education Program for a period of 5 years.
 1659         3.If a private prekindergarten provider or public school
 1660  remains on probation for 2 consecutive years and fails to meet
 1661  the minimum rate adopted by the office as satisfactory under s.
 1662  1002.69(6) and is not granted a good cause exemption by the
 1663  office pursuant to s. 1002.69(7), the office shall require the
 1664  early learning coalition or the school district to remove, as
 1665  applicable, the provider or school from eligibility to deliver
 1666  the Voluntary Prekindergarten Education Program and receive
 1667  state funds for the program for a period of 5 years.
 1668         (d)Each early learning coalition and the office shall
 1669  coordinate with the Child Care Services Program Office of the
 1670  Department of Children and Families to minimize interagency
 1671  duplication of activities for monitoring private prekindergarten
 1672  providers for compliance with requirements of the Voluntary
 1673  Prekindergarten Education Program under this part, the school
 1674  readiness program under part VI of this chapter, and the
 1675  licensing of providers under ss. 402.301-402.319.
 1676         Section 40. Section 1002.68, Florida Statutes, is created
 1677  to read:
 1678         1002.68Voluntary Prekindergarten Education Program
 1679  accountability.—
 1680         (1)(a)Beginning with the 2021-2022 program year, each
 1681  private prekindergarten provider and public school participating
 1682  in the Voluntary Prekindergarten Education Program must
 1683  participate in the coordinated screening and progress-monitoring
 1684  program in accordance with s. 1008.2125. The coordinated
 1685  screening and progress-monitoring program results shall be used
 1686  by the department to identify student learning gains, index
 1687  development learning outcomes upon program completion relative
 1688  to the performance standards established under s. 1002.67 and
 1689  representative norms, and inform a provider’s performance
 1690  metric.
 1691         (b)At a minimum, the initial and final progress-monitoring
 1692  or screening must be administered by individuals meeting
 1693  requirements adopted by the department pursuant to s. 1008.2125.
 1694         (c)Each private prekindergarten provider and public school
 1695  must provide a student’s performance results to the student’s
 1696  parents no later than 7 days after the administration of such
 1697  screening and progress monitoring.
 1698         (2)Beginning with the 2020-2021 program year, each private
 1699  prekindergarten provider and public school in the Voluntary
 1700  Prekindergarten Education Program must participate in a program
 1701  assessment of each voluntary prekindergarten education
 1702  classroom. The program assessment shall measure the quality of
 1703  teacher-child interactions, including emotional and behavioral
 1704  support, engaged support for learning, classroom organization,
 1705  and instructional support for children ages 3 to 5 years. Each
 1706  private prekindergarten provider and public school in the
 1707  Voluntary Prekindergarten Education Program shall receive the
 1708  results of the program assessment for each classroom within 14
 1709  days of the observation.
 1710  
 1711  The program assessment and screening and progress-monitoring
 1712  must be administered by individuals meeting requirements
 1713  established by rule of the State Board of Education.
 1714         (3)(a)For the 2019-2020 program year, the department shall
 1715  calculate a performance metric for each provider based upon
 1716  learning gains and the percentage of students who are assessed
 1717  as ready for kindergarten. The department shall require that
 1718  each school district administer the statewide kindergarten
 1719  screening in use before the 2020-2021 school year to each
 1720  kindergarten student in the school district within the first 30
 1721  school days of the 2020-2021 school year. Nonpublic schools may
 1722  administer the statewide kindergarten screening to each
 1723  kindergarten student in a nonpublic school who was enrolled in
 1724  the Voluntary Prekindergarten Education Program.
 1725         (b)For the 2020-2021 program year, the department shall
 1726  calculate a program performance metric for each provider based
 1727  upon learning gains and the program assessment, which shall be
 1728  weighted at a minimum of approximately 50 percent of a program’s
 1729  performance metric and administered pursuant to this section.
 1730         (c)For purposes of this subsection, learning gains shall
 1731  be determined using a value-added measure based on growth
 1732  demonstrated by the results of the preassessment and
 1733  postassessment in use before the 2021-2022 program year.
 1734         (d)Any provider who fails to meet the minimum voluntary
 1735  prekindergarten readiness rate or program performance metric
 1736  during the 2020-2021 program year shall be subject to the
 1737  probation requirements of subsection (5).
 1738         (4)(a)Beginning with the 2021-2022 program year, the
 1739  department shall adopt a methodology for calculating each
 1740  provider’s performance metric, which must be based on a
 1741  combination of the following:
 1742         1.Program assessment scores under subsection (2), which
 1743  shall be weighted at approximately 50 percent.
 1744         2.Learning gains expressed as the change in ability scores
 1745  from the initial and final progress-monitoring results described
 1746  in subsection (1).
 1747         3.Norm-referenced developmental learning outcomes
 1748  described in subsection (1).
 1749         (b)For purposes of this subsection, the methodology for
 1750  calculation may only include prekindergarten students who have
 1751  attended at least 85 percent of a private prekindergarten
 1752  provider’s or public school’s program.
 1753         (c)The methodology must include a statistical latent
 1754  profile analysis that is conducted by a contracted independent
 1755  expert with experience in relevant quantitative analysis, early
 1756  childhood assessment, and designing state-level accountability
 1757  systems. Such expert must be able to produce a limited number of
 1758  program performance metric profiles that summarize all programs’
 1759  profiles that inform the assignment of a letter grading system
 1760  to include grades “A” through “F.” The contracted independent
 1761  expert may not be a direct stakeholder or have had a financial
 1762  interest in the design or delivery of the Voluntary
 1763  Prekindergarten Education Program or public school systems
 1764  within the last 5 years.
 1765         (d)The grading system must provide for a differential
 1766  payment to a private prekindergarten provider and public school
 1767  based on program performance. The maximum differential payment
 1768  may not exceed a total of 15 percent of the base student
 1769  allocation per full-time equivalent as defined in s. 1002.71. A
 1770  private prekindergarten provider or public school may not
 1771  receive a differential if it is assigned a grade of “C” or
 1772  below. Before the adoption of a methodology, the department and
 1773  the contracted expert shall confer with the Council for Early
 1774  Grade Success under s. 1008.2125 before receiving approval for
 1775  the final recommendations on the grading system and differential
 1776  payments.
 1777         (e)The department shall adopt procedures to annually
 1778  calculate each private prekindergarten provider’s and public
 1779  school’s program performance metric and grade based on the
 1780  methodology adopted in paragraphs (a) and (b). Beginning with
 1781  the 2022-2023 program year, each private prekindergarten
 1782  provider or public school shall be assigned a grade within 45
 1783  days of the conclusion of the school year Voluntary
 1784  Prekindergarten Education Program delivered by all participating
 1785  private prekindergarten providers or public schools and within
 1786  45 days of the conclusion of the summer prekindergarten program
 1787  delivered by all participating private prekindergarten providers
 1788  or public schools.
 1789         (f)The department shall adopt a minimum program
 1790  performance metric or grade that, if achieved by a private
 1791  prekindergarten provider or public school, would demonstrate the
 1792  provider’s or school’s satisfactory delivery of the Voluntary
 1793  Prekindergarten Education Program.
 1794         (5)(a)If a public school’s or private prekindergarten
 1795  provider’s program assessment composite score for its
 1796  prekindergarten classrooms fails to meet the minimum threshold
 1797  for contracting established by the department pursuant to s.
 1798  1002.82(2)(n), then the public school or private prekindergarten
 1799  provider may not participate in the Voluntary Prekindergarten
 1800  Education Program beginning in the subsequent program year and
 1801  thereafter until the public school or private prekindergarten
 1802  provider meets the minimum threshold for contracting.
 1803         (b)If a private prekindergarten provider’s or public
 1804  school’s program performance metric or grade falls below the
 1805  minimum program performance metric or grade, the early learning
 1806  coalition or school district, as applicable, shall:
 1807         1.Require the provider or school to submit an improvement
 1808  plan for approval by the coalition or school district, as
 1809  applicable, and to implement the plan;
 1810         2.Place the provider or school on probation; and
 1811         3.Require the provider or school to take certain
 1812  corrective actions, including the use of a curriculum approved
 1813  by the department under s. 1002.67(2)(c) or a staff development
 1814  plan approved by the department to strengthen instructional
 1815  practices in emotional and behavioral support, engaged support
 1816  for learning, classroom organization, language development,
 1817  phonological awareness, alphabet knowledge, and mathematical
 1818  thinking.
 1819         (c)A private prekindergarten provider or public school
 1820  that is placed on probation must continue the corrective actions
 1821  required under paragraph (b) until the provider or school meets
 1822  the minimum program performance metric or grade adopted by the
 1823  department. Failure to meet the requirements of subparagraphs
 1824  (b)1. and 3. shall result in the termination of the provider’s
 1825  or school’s contract to deliver the Voluntary Prekindergarten
 1826  Education Program for a period of at least 2 years but no more
 1827  than 5 years.
 1828         (d)If a private prekindergarten provider or public school
 1829  remains on probation for 2 consecutive years and fails to meet
 1830  the minimum program performance metric or grade, or is not
 1831  granted a good cause exemption by the department, the department
 1832  shall require the early learning coalition or the school
 1833  district to revoke the provider’s or school’s eligibility to
 1834  deliver the Voluntary Prekindergarten Education Program and
 1835  receive state funds for the program for a period of at least 2
 1836  years but no more than 5 years.
 1837         (6)(a)The department, upon the request of a private
 1838  prekindergarten provider or public school that remains on
 1839  probation for at least 2 consecutive years and subsequently
 1840  fails to meet the minimum program performance metric or grade
 1841  adopted pursuant to paragraph (5)(c), and for good cause shown,
 1842  may grant to the provider or school an exemption from being
 1843  determined ineligible to deliver the Voluntary Prekindergarten
 1844  Education Program and receive state funds for the program. Such
 1845  exemption is valid for 1 year and, upon the request of the
 1846  private prekindergarten provider or public school and for good
 1847  cause shown, may be renewed.
 1848         (b)A private prekindergarten provider’s or public school’s
 1849  request for a good cause exemption, or renewal of such an
 1850  exemption, must be submitted to the department in the manner and
 1851  within the timeframes prescribed by the department and must
 1852  include the following:
 1853         1.Data from the private prekindergarten provider or public
 1854  school which documents the achievement and progress of the
 1855  children served, as measured by any required screenings or
 1856  assessments.
 1857         2.Data from the program assessment required under s.
 1858  1002.55 which demonstrates effective teaching practices as
 1859  recognized by the contracted expert.
 1860         3.Data from the early learning coalition or district
 1861  school board, as applicable, the Department of Children and
 1862  Families, the local licensing authority, or an accrediting
 1863  association, as applicable, relating to the private
 1864  prekindergarten provider’s or public school’s compliance with
 1865  state and local health and safety standards.
 1866         (c)The department shall adopt criteria for granting good
 1867  cause exemptions. Such criteria must include, but are not
 1868  limited to, all of the following:
 1869         1.Child demographic data that evidences a private
 1870  prekindergarten provider or public school serves a statistically
 1871  significant population of children with special needs who have
 1872  individual education plans and can demonstrate progress toward
 1873  meeting the goals outlined in the students’ individual education
 1874  plans.
 1875         2.Learning gains of children served in the Voluntary
 1876  Prekindergarten Education Program by the private prekindergarten
 1877  provider or public school on an alternative measure that has
 1878  comparable validity and reliability of the screening and
 1879  progress-monitoring program in accordance with s. 1008.2125.
 1880         3.Program assessment data under subsection (2) which
 1881  demonstrates effective teaching practices as recognized by the
 1882  contracted expert.
 1883         4.Verification that local and state health and safety
 1884  requirements are met.
 1885         (d)A good cause exemption may not be granted to any
 1886  private prekindergarten provider or public school that has any
 1887  Class I violations or two or more Class II violations within the
 1888  2 years preceding the provider’s or school’s request for the
 1889  exemption. For purposes of this paragraph, Class I and Class II
 1890  violations have the same meaning as provided in s. 1002.945.
 1891         (e)A private prekindergarten provider or public school
 1892  granted a good cause exemption shall continue to implement its
 1893  improvement plan and continue the corrective actions required
 1894  under subsection (5)(b) until the provider or school meets the
 1895  minimum program performance metric.
 1896         (f)If a good cause exemption is granted to a private
 1897  prekindergarten provider or public school that remains on
 1898  probation for 2 consecutive years, the department shall notify
 1899  the early learning coalition or school district of the good
 1900  cause exemption and direct that the coalition or school district
 1901  not remove the provider from eligibility to deliver the
 1902  Voluntary Prekindergarten Education Program or to receive state
 1903  funds for the program if the provider meets all other applicable
 1904  requirements of this part.
 1905         (g)The department shall report the number of Voluntary
 1906  Prekindergarten Education Program providers or public schools
 1907  that have received a good cause exemption and the reasons for
 1908  the exemptions as part of its annual reporting requirements
 1909  under s. 1002.82(5).
 1910         (7)Representatives from the school districts and early
 1911  learning coalitions must meet annually to develop strategies to
 1912  transition students from the Voluntary Prekindergarten Education
 1913  Program to kindergarten.
 1914         Section 41. Section 1002.69, Florida Statutes, is repealed.
 1915         Section 42. Paragraph (c) of subsection (3), subsection
 1916  (4), paragraph (b) of subsection (5), paragraphs (b) and (d) of
 1917  subsection (6), and subsection (7) of section 1002.71, Florida
 1918  Statutes, are amended to read:
 1919         1002.71 Funding; financial and attendance reporting.—
 1920         (3)
 1921         (c) The initial allocation shall be based on estimated
 1922  student enrollment in each coalition service area. The
 1923  department Office of Early Learning shall reallocate funds among
 1924  the coalitions based on actual full-time equivalent student
 1925  enrollment in each coalition service area. Each coalition shall
 1926  report student enrollment pursuant to subsection (2) on a
 1927  monthly basis. A student enrollment count for the prior fiscal
 1928  year may not be amended after September 30 of the subsequent
 1929  fiscal year.
 1930         (4) Notwithstanding s. 1002.53(3) and subsection (2):
 1931         (a) A child who, for any of the prekindergarten programs
 1932  listed in s. 1002.53(3), has not completed more than 70 percent
 1933  of the hours authorized to be reported for funding under
 1934  subsection (2), or has not expended more than 70 percent of the
 1935  funds authorized for the child under s. 1002.66, may withdraw
 1936  from the program for good cause and reenroll in one of the
 1937  programs. The total funding for a child who reenrolls in one of
 1938  the programs for good cause may not exceed one full-time
 1939  equivalent student. Funding for a child who withdraws and
 1940  reenrolls in one of the programs for good cause shall be issued
 1941  in accordance with the department’s Office of Early Learning’s
 1942  uniform attendance policy adopted pursuant to paragraph (6)(d).
 1943         (b) A child who has not substantially completed any of the
 1944  prekindergarten programs listed in s. 1002.53(3) may withdraw
 1945  from the program due to an extreme hardship that is beyond the
 1946  child’s or parent’s control, reenroll in one of the summer
 1947  programs, and be reported for funding purposes as a full-time
 1948  equivalent student in the summer program for which the child is
 1949  reenrolled.
 1950  
 1951  A child may reenroll only once in a prekindergarten program
 1952  under this section. A child who reenrolls in a prekindergarten
 1953  program under this subsection may not subsequently withdraw from
 1954  the program and reenroll, unless the child is granted a good
 1955  cause exemption under this subsection. The department Office of
 1956  Early Learning shall establish criteria specifying whether a
 1957  good cause exists for a child to withdraw from a program under
 1958  paragraph (a), whether a child has substantially completed a
 1959  program under paragraph (b), and whether an extreme hardship
 1960  exists which is beyond the child’s or parent’s control under
 1961  paragraph (b).
 1962         (5)
 1963         (b) The department Office of Early Learning shall adopt
 1964  procedures for the payment of private prekindergarten providers
 1965  and public schools delivering the Voluntary Prekindergarten
 1966  Education Program. The procedures shall provide for the advance
 1967  payment of providers and schools based upon student enrollment
 1968  in the program, the certification of student attendance, and the
 1969  reconciliation of advance payments in accordance with the
 1970  uniform attendance policy adopted under paragraph (6)(d). The
 1971  procedures shall provide for the monthly distribution of funds
 1972  by the department Office of Early Learning to the early learning
 1973  coalitions for payment by the coalitions to private
 1974  prekindergarten providers and public schools.
 1975         (6)
 1976         (b)1. Each private prekindergarten provider’s and district
 1977  school board’s attendance policy must require the parent of each
 1978  student in the Voluntary Prekindergarten Education Program to
 1979  verify, each month, the student’s attendance on the prior
 1980  month’s certified student attendance.
 1981         2. The parent must submit the verification of the student’s
 1982  attendance to the private prekindergarten provider or public
 1983  school on forms prescribed by the department Office of Early
 1984  Learning. The forms must include, in addition to the
 1985  verification of the student’s attendance, a certification, in
 1986  substantially the following form, that the parent continues to
 1987  choose the private prekindergarten provider or public school in
 1988  accordance with s. 1002.53 and directs that payments for the
 1989  program be made to the provider or school:
 1990                VERIFICATION OF STUDENT’S ATTENDANCE               
 1991                AND CERTIFICATION OF PARENTAL CHOICE               
 1992  I, ...(Name of Parent)..., swear (or affirm) that my child,
 1993  ...(Name of Student)..., attended the Voluntary Prekindergarten
 1994  Education Program on the days listed above and certify that I
 1995  continue to choose ...(Name of Provider or School)... to deliver
 1996  the program for my child and direct that program funds be paid
 1997  to the provider or school for my child.
 1998  ...(Signature of Parent)...
 1999  ...(Date)...
 2000         3. The private prekindergarten provider or public school
 2001  must keep each original signed form for at least 2 years. Each
 2002  private prekindergarten provider must permit the early learning
 2003  coalition, and each public school must permit the school
 2004  district, to inspect the original signed forms during normal
 2005  business hours. The department Office of Early Learning shall
 2006  adopt procedures for early learning coalitions and school
 2007  districts to review the original signed forms against the
 2008  certified student attendance. The review procedures shall
 2009  provide for the use of selective inspection techniques,
 2010  including, but not limited to, random sampling. Each early
 2011  learning coalition and the school districts must comply with the
 2012  review procedures.
 2013         (d) The department Office of Early Learning shall adopt,
 2014  for funding purposes, a uniform attendance policy for the
 2015  Voluntary Prekindergarten Education Program. The attendance
 2016  policy must apply statewide and apply equally to all private
 2017  prekindergarten providers and public schools. The attendance
 2018  policy must include at least the following provisions:
 2019         1. A student’s attendance may be reported on a pro rata
 2020  basis as a fractional part of a full-time equivalent student.
 2021         2. At a maximum, 20 percent of the total payment made on
 2022  behalf of a student to a private prekindergarten provider or a
 2023  public school may be for hours a student is absent.
 2024         3. A private prekindergarten provider or public school may
 2025  not receive payment for absences that occur before a student’s
 2026  first day of attendance or after a student’s last day of
 2027  attendance.
 2028  
 2029  The uniform attendance policy shall be used only for funding
 2030  purposes and does not prohibit a private prekindergarten
 2031  provider or public school from adopting and enforcing its
 2032  attendance policy under paragraphs (a) and (c).
 2033         (7) The department Office of Early Learning shall require
 2034  that administrative expenditures be kept to the minimum
 2035  necessary for efficient and effective administration of the
 2036  Voluntary Prekindergarten Education Program. Administrative
 2037  policies and procedures shall be revised, to the maximum extent
 2038  practicable, to incorporate the use of automation and electronic
 2039  submission of forms, including those required for child
 2040  eligibility and enrollment, provider and class registration, and
 2041  monthly certification of attendance for payment. A school
 2042  district may use its automated daily attendance reporting system
 2043  for the purpose of transmitting attendance records to the early
 2044  learning coalition in a mutually agreed-upon format. In
 2045  addition, actions shall be taken to reduce paperwork, eliminate
 2046  the duplication of reports, and eliminate other duplicative
 2047  activities. Each early learning coalition may retain and expend
 2048  no more than 4.0 percent of the funds paid by the coalition to
 2049  private prekindergarten providers and public schools under
 2050  paragraph (5)(b). Funds retained by an early learning coalition
 2051  under this subsection may be used only for administering the
 2052  Voluntary Prekindergarten Education Program and may not be used
 2053  for the school readiness program or other programs.
 2054         Section 43. Subsection (1) of section 1002.72, Florida
 2055  Statutes, is amended to read:
 2056         1002.72 Records of children in the Voluntary
 2057  Prekindergarten Education Program.—
 2058         (1)(a) The records of a child enrolled in the Voluntary
 2059  Prekindergarten Education Program held by an early learning
 2060  coalition, the department Office of Early Learning, or a
 2061  Voluntary Prekindergarten Education Program provider are
 2062  confidential and exempt from s. 119.07(1) and s. 24(a), Art. I
 2063  of the State Constitution. For purposes of this section, such
 2064  records include assessment data, health data, records of teacher
 2065  observations, and personal identifying information of an
 2066  enrolled child and his or her parent.
 2067         (b) This exemption applies to the records of a child
 2068  enrolled in the Voluntary Prekindergarten Education Program held
 2069  by an early learning coalition, the department Office of Early
 2070  Learning, or a Voluntary Prekindergarten Education Program
 2071  provider before, on, or after the effective date of this
 2072  exemption.
 2073         Section 44. Section 1002.73, Florida Statutes, is amended
 2074  to read:
 2075         1002.73 Department of Education; powers and duties;
 2076  accountability requirements.—
 2077         (1) The department shall adopt by rule a standard statewide
 2078  provider contract to be used with each Voluntary Prekindergarten
 2079  Education Program provider, with standardized attachments by
 2080  provider type. The department shall publish a copy of the
 2081  standard statewide provider contract on its website. The
 2082  standard statewide provider contract shall include, at a
 2083  minimum, provisions for provider probation, termination for
 2084  cause, and emergency termination for those actions or inactions
 2085  of a provider that pose an immediate and serious danger to the
 2086  health, safety, or welfare of children. The standard statewide
 2087  provider contract shall also include appropriate due process
 2088  procedures. During the pendency of an appeal of a termination,
 2089  the provider may not continue to offer its services. Any
 2090  provision imposed upon a provider that is inconsistent with, or
 2091  prohibited by, law is void and unenforceable administer the
 2092  accountability requirements of the Voluntary Prekindergarten
 2093  Education Program at the state level.
 2094         (2) The department shall adopt procedures for its:
 2095         (a) Approval of prekindergarten director credentials under
 2096  ss. 1002.55 and 1002.57.
 2097         (b) Approval of emergent literacy training courses under
 2098  ss. 1002.55 and 1002.59.
 2099         (c)Annually notifying providers placed on probation for
 2100  not meeting the minimum performance metric as required by s.
 2101  1002.68 of the free and low-cost, high-quality professional
 2102  development opportunities developed or supported by the
 2103  department.
 2104         (3)The department shall adopt procedures governing the
 2105  administration of the Voluntary Prekindergarten Education
 2106  Program by the early learning coalitions and school districts
 2107  for:
 2108         (a)Enrolling children in and determining the eligibility
 2109  of children for the Voluntary Prekindergarten Education Program
 2110  under s. 1002.53, which shall include the enrollment of children
 2111  by public schools and private providers that meet specified
 2112  requirements.
 2113         (b)Providing parents with profiles of private
 2114  prekindergarten providers and public schools under s. 1002.53.
 2115         (c)Registering private prekindergarten providers and
 2116  public schools to deliver the program under ss. 1002.55,
 2117  1002.61, and 1002.63.
 2118         (d)Determining the eligibility of private prekindergarten
 2119  providers to deliver the program under ss. 1002.55 and 1002.61
 2120  and streamlining the process of determining provider eligibility
 2121  whenever possible.
 2122         (e)Verifying the compliance of private prekindergarten
 2123  providers and public schools and removing providers or schools
 2124  from eligibility to deliver the program due to noncompliance or
 2125  misconduct as provided in s. 1002.67.
 2126         (f)Paying private prekindergarten providers and public
 2127  schools under s. 1002.71.
 2128         (g)Documenting and certifying student enrollment and
 2129  student attendance under s. 1002.71.
 2130         (h)Reconciling advance payments in accordance with the
 2131  uniform attendance policy under s. 1002.71.
 2132         (i)Reenrolling students dismissed by a private
 2133  prekindergarten provider or public school for noncompliance with
 2134  the provider’s or school district’s attendance policy under s.
 2135  1002.71.
 2136         (4)The department shall administer the accountability
 2137  requirements of the Voluntary Prekindergarten Education Program
 2138  at the state level.
 2139         (5)The department shall adopt rules governing the
 2140  administration of the Voluntary Prekindergarten Education
 2141  Program by the early learning coalitions and school districts
 2142  for:
 2143         (a)Approving improvement plans of private prekindergarten
 2144  providers and public schools under s. 1002.68.
 2145         (b)Placing private prekindergarten providers and public
 2146  schools on probation and requiring corrective actions under s.
 2147  1002.68.
 2148         (c)Removing a private prekindergarten provider or public
 2149  school from eligibility to deliver the program due to the
 2150  provider’s or school’s remaining on probation beyond the time
 2151  permitted under s. 1002.68. Notwithstanding any other law, if a
 2152  private prekindergarten provider has been cited for a Class I
 2153  violation, as defined by rule by the Child Care Services Program
 2154  Office of the Department of Children and Families, the coalition
 2155  may refuse to contract with the provider or revoke the
 2156  provider’s eligibility to deliver the Voluntary Prekindergarten
 2157  Education Program.
 2158         (d)Enrolling children in and determining the eligibility
 2159  of children for the Voluntary Prekindergarten Education Program
 2160  under s. 1002.66.
 2161         (e)Paying specialized instructional services providers
 2162  under s. 1002.66.
 2163         (c)Administration of the statewide kindergarten screening
 2164  and calculation of kindergarten readiness rates under s.
 2165  1002.69.
 2166         (d)Implementation of, and determination of costs
 2167  associated with, the state-approved prekindergarten enrollment
 2168  screening and the standardized postassessment approved by the
 2169  department, and determination of the learning gains of students
 2170  who complete the state-approved prekindergarten enrollment
 2171  screening and the standardized postassessment approved by the
 2172  department.
 2173         (f)(e)Approving Approval of specialized instructional
 2174  services providers under s. 1002.66.
 2175         (f)Annual reporting of the percentage of kindergarten
 2176  students who meet all state readiness measures.
 2177         (g) Granting of a private prekindergarten provider’s or
 2178  public school’s request for a good cause exemption under s.
 2179  1002.68 s. 1002.69(7).
 2180         (6)The department shall adopt procedures for the
 2181  distribution of funds to early learning coalitions under s.
 2182  1002.71.
 2183         (7)(3) Except as provided by law, the department may not
 2184  impose requirements on a private prekindergarten provider or
 2185  public school that does not deliver the Voluntary
 2186  Prekindergarten Education Program or receive state funds under
 2187  this part.
 2188         Section 45. Sections 1002.75 and 1002.77, Florida Statutes,
 2189  are repealed.
 2190         Section 46. Section 1002.79, Florida Statutes, is amended
 2191  to read:
 2192         1002.79 Rulemaking authority.—The State Board of Education
 2193  Office of Early Learning shall adopt rules under ss. 120.536(1)
 2194  and 120.54 to administer the provisions of this part conferring
 2195  duties upon the department office.
 2196         Section 47. Subsections (13) through (16) of section
 2197  1002.81, Florida Statutes, are renumbered as subsections (12)
 2198  through (15), respectively, and subsections (3), (4), and (12)
 2199  of that section are amended, to read:
 2200         1002.81 Definitions.—Consistent with the requirements of 45
 2201  C.F.R. parts 98 and 99 and as used in this part, the term:
 2202         (3) “Prevailing Average market rate” means the biennially
 2203  determined 75th percentile of a reasonable frequency
 2204  distribution average of the market rate by program care level
 2205  and provider type in a predetermined geographic market at which
 2206  child care providers charge a person for child care services.
 2207         (4) “Direct enhancement services” means services for
 2208  families and children that are in addition to payments for the
 2209  placement of children in the school readiness program. Direct
 2210  enhancement services for families and children may include
 2211  supports for providers, parent training and involvement
 2212  activities, and strategies to meet the needs of unique
 2213  populations and local eligibility priorities. Direct enhancement
 2214  services offered by an early learning coalition shall be
 2215  consistent with the activities prescribed in s. 1002.89(5)(b) s.
 2216  1002.89(6)(b).
 2217         (12)“Office” means the Office of Early Learning of the
 2218  Department of Education.
 2219         Section 48. Section 1002.82, Florida Statutes, is amended
 2220  to read:
 2221         1002.82 Department of Education Office of Early Learning;
 2222  powers and duties.—
 2223         (1) For purposes of administration of the Child Care and
 2224  Development Block Grant Trust Fund, pursuant to 45 C.F.R. parts
 2225  98 and 99, the Department of Education Office of Early Learning
 2226  is designated as the lead agency and must comply with lead
 2227  agency responsibilities pursuant to federal law. The department
 2228  office may apply to the Governor and Cabinet for a waiver of,
 2229  and the Governor and Cabinet may waive, any provision of ss.
 2230  411.223 and 1003.54 if the waiver is necessary for
 2231  implementation of the school readiness program. Section
 2232  125.901(2)(a)3. does not apply to the school readiness program.
 2233         (2) The department office shall:
 2234         (a) Focus on improving the educational quality delivered by
 2235  all providers participating in the school readiness program.
 2236         (b) Preserve parental choice by permitting parents to
 2237  choose from a variety of child care categories, including
 2238  center-based care, family child care, and informal child care to
 2239  the extent authorized in the state’s Child Care and Development
 2240  Fund Plan as approved by the United States Department of Health
 2241  and Human Services pursuant to 45 C.F.R. s. 98.18. Care and
 2242  curriculum by a faith-based provider may not be limited or
 2243  excluded in any of these categories.
 2244         (c) Be responsible for the prudent use of all public and
 2245  private funds in accordance with all legal and contractual
 2246  requirements, safeguarding the effective use of federal, state,
 2247  and local resources to achieve the highest practicable level of
 2248  school readiness for the children described in s. 1002.87,
 2249  including:
 2250         1. The adoption of a uniform chart of accounts for
 2251  budgeting and financial reporting purposes that provides
 2252  standardized definitions for expenditures and reporting,
 2253  consistent with the requirements of 45 C.F.R. part 98 and s.
 2254  1002.89 for each of the following categories of expenditure:
 2255         a. Direct services to children.
 2256         b. Administrative costs.
 2257         c. Quality activities.
 2258         d. Nondirect services.
 2259         2. Coordination with other state and federal agencies to
 2260  perform data matches on children participating in the school
 2261  readiness program and their families in order to verify the
 2262  children’s eligibility pursuant to s. 1002.87.
 2263         (d) Establish procedures for the biennial calculation of
 2264  the prevailing average market rate.
 2265         (e) Review each early learning coalition’s school readiness
 2266  program plan every 2 years and provide final approval of the
 2267  plan and any amendments submitted.
 2268         (f) Establish a unified approach to the state’s efforts to
 2269  coordinate a comprehensive early learning program. In support of
 2270  this effort, the department office:
 2271         1. Shall adopt specific program support services that
 2272  address the state’s school readiness program, including:
 2273         a. Statewide data information program requirements that
 2274  include:
 2275         (I) Eligibility requirements.
 2276         (II) Financial reports.
 2277         (III) Program accountability measures.
 2278         (IV) Child progress reports.
 2279         b. Child care resource and referral services.
 2280         c. A single point of entry and uniform waiting list.
 2281         2. May provide technical assistance and guidance on
 2282  additional support services to complement the school readiness
 2283  program, including:
 2284         a. Rating and improvement systems.
 2285         b. Warm-Line services.
 2286         c. Anti-fraud plans.
 2287         d. School readiness program standards.
 2288         e. Child screening and assessments.
 2289         f. Training and support for parental involvement in
 2290  children’s early education.
 2291         g. Family literacy activities and services.
 2292         (g) Provide technical assistance to early learning
 2293  coalitions.
 2294         (h) In cooperation with the early learning coalitions,
 2295  coordinate with the Child Care Services Program Office of the
 2296  Department of Children and Families to reduce paperwork and to
 2297  avoid duplicating interagency activities, health and safety
 2298  monitoring, and acquiring and composing data pertaining to child
 2299  care training and credentialing.
 2300         (i) Enter into a memorandum of understanding with local
 2301  licensing agencies and the Child Care Services Program Office of
 2302  the Department of Children and Families for inspections of
 2303  school readiness program providers to monitor and verify
 2304  compliance with s. 1002.88 and the health and safety checklist
 2305  adopted by the department office. The provider contract of a
 2306  school readiness program provider that refuses permission for
 2307  entry or inspection shall be terminated. The health and safety
 2308  checklist may not exceed the requirements of s. 402.305 and the
 2309  Child Care and Development Fund pursuant to 45 C.F.R. part 98. A
 2310  child development program operating on a military installation
 2311  that is certified by the United States Department of Defense and
 2312  accredited by a national accrediting body is exempt from the
 2313  inspection requirements under s. 1002.88.
 2314         (j) Monitor the alignment and consistency of the Develop
 2315  and adopt standards and benchmarks developed and adopted by the
 2316  department that address the age-appropriate progress of children
 2317  in the development of school readiness skills. The standards for
 2318  children from birth to 5 years of age in the school readiness
 2319  program must be aligned with the performance standards adopted
 2320  for children in the Voluntary Prekindergarten Education Program
 2321  and must address the following domains:
 2322         1. Approaches to learning.
 2323         2. Cognitive development and general knowledge.
 2324         3. Numeracy, language, and communication.
 2325         4. Physical development.
 2326         5. Self-regulation.
 2327         (k) Identify observation-based child assessments that are
 2328  valid, reliable, and developmentally appropriate for use at
 2329  least three times a year. The assessments must:
 2330         1. Provide interval level and criterion-referenced data
 2331  that measures equivalent levels of growth across the core
 2332  domains of early childhood development and that can be used for
 2333  determining developmentally appropriate learning gains.
 2334         2. Measure progress in the performance standards adopted
 2335  pursuant to paragraph (j).
 2336         3. Provide for appropriate accommodations for children with
 2337  disabilities and English language learners and be administered
 2338  by qualified individuals, consistent with the developer’s
 2339  instructions.
 2340         4. Coordinate with the performance standards adopted by the
 2341  department under s. 1002.67(1) for the Voluntary Prekindergarten
 2342  Education Program.
 2343         5. Provide data in a format for use in the single statewide
 2344  information system to meet the requirements of paragraph (q)
 2345  (p).
 2346         (l) Adopt a list of approved curricula that meet the
 2347  performance standards for the school readiness program and
 2348  establish a process for the review and approval of a provider’s
 2349  curriculum that meets the performance standards.
 2350         (m) Provide technical support to an early learning
 2351  coalition to facilitate the use of Adopt by rule a standard
 2352  statewide provider contract to be used with each school
 2353  readiness program provider, with standardized attachments by
 2354  provider type. The department office shall publish a copy of the
 2355  standard statewide provider contract on its website. The
 2356  standard statewide contract shall include, at a minimum,
 2357  contracted slots, if applicable, in accordance with the Child
 2358  Care and Development Block Grant Act of 2014, 45 C.F.R. parts 98
 2359  and 99; quality improvement strategies, if applicable; program
 2360  assessment requirements; and provisions for provider probation,
 2361  termination for cause, and emergency termination for those
 2362  actions or inactions of a provider that pose an immediate and
 2363  serious danger to the health, safety, or welfare of the
 2364  children. The standard statewide provider contract shall also
 2365  include appropriate due process procedures. During the pendency
 2366  of an appeal of a termination, the provider may not continue to
 2367  offer its services. Any provision imposed upon a provider that
 2368  is inconsistent with, or prohibited by, law is void and
 2369  unenforceable. Provisions for termination for cause must also
 2370  include failure to meet the minimum quality measures established
 2371  under paragraph (n) for a period of up to 5 years, unless the
 2372  coalition determines that the provider is essential to meeting
 2373  capacity needs based on the assessment under s. 1002.85(2)(j)
 2374  and the provider has an active improvement plan pursuant to
 2375  paragraph (n).
 2376         (n) Adopt a program assessment for school readiness program
 2377  providers that measures the quality of teacher-child
 2378  interactions, including emotional and behavioral support,
 2379  engaged support for learning, classroom organization, and
 2380  instructional support for children ages birth to 5 years. The
 2381  implementation of the program assessment must also include the
 2382  following components adopted by rule by the State Board of
 2383  Education:
 2384         1. Quality measures, including a minimum threshold for
 2385  contracting purposes and program improvement through an
 2386  improvement plan.
 2387         2. Requirements for program participation, frequency of
 2388  program assessment, and exemptions.
 2389         (o) No later than July 1, 2019, develop a differential
 2390  payment program based on the quality measures adopted by the
 2391  department office under paragraph (n). The differential payment
 2392  may not exceed a total of 15 percent for each care level and
 2393  unit of child care for a child care provider. No more than 5
 2394  percent of the 15 percent total differential may be provided to
 2395  providers who submit valid and reliable data to the statewide
 2396  information system in the domains of language and executive
 2397  functioning using a child assessment identified pursuant to
 2398  paragraph (k). Providers below the minimum threshold for
 2399  contracting purposes are ineligible for such payment.
 2400         (p)No later than July 1, 2021, develop and adopt
 2401  requirements for the implementation of a program designed to
 2402  make available contracted slots to serve an at-risk child, as
 2403  defined in s. 1002.81(1)(d) and (f), and to serve children at
 2404  the greatest risk of school failure as determined by the
 2405  children being located in an area that has been designated as a
 2406  poverty area tract according to the latest census data. The
 2407  contracted slot program may also be used to increase the
 2408  availability of child care capacity based on the assessment
 2409  under s. 1002.85(2)(j).
 2410         (q)(p) Establish a single statewide information system that
 2411  each coalition must use for the purposes of managing the single
 2412  point of entry, tracking children’s progress, coordinating
 2413  services among stakeholders, determining eligibility of
 2414  children, tracking child attendance, and streamlining
 2415  administrative processes for providers and early learning
 2416  coalitions. By July 1, 2019, the system, subject to ss. 1002.72
 2417  and 1002.97, shall:
 2418         1. Allow a parent to monitor the development of his or her
 2419  child as the child moves among programs within the state.
 2420         2. Enable analysis at the state, regional, and local level
 2421  to measure child growth over time, program impact, and quality
 2422  improvement and investment decisions.
 2423         (r)(q)Provide technical support to coalitions to
 2424  facilitate the use of Adopt by rule standardized procedures
 2425  adopted by rule by the State Board of Education for coalitions
 2426  to use when monitoring the compliance of school readiness
 2427  program providers with the terms of the standard statewide
 2428  provider contract.
 2429         (s)(r) Monitor and evaluate the performance of each early
 2430  learning coalition in administering the school readiness
 2431  program, ensuring proper payments for school readiness program
 2432  services, implementing the coalition’s school readiness program
 2433  plan, and administering the Voluntary Prekindergarten Education
 2434  Program. These monitoring and performance evaluations must
 2435  include, at a minimum, onsite monitoring of each coalition’s
 2436  finances, management, operations, and programs.
 2437         (t)(s) Work in conjunction with the Bureau of Federal
 2438  Education Programs within the Department of Education to
 2439  coordinate readiness and voluntary prekindergarten services to
 2440  the populations served by the bureau.
 2441         (u)(t) Administer a statewide toll-free Warm-Line to
 2442  provide assistance and consultation to child care facilities and
 2443  family day care homes regarding health, developmental,
 2444  disability, and special needs issues of the children they are
 2445  serving, particularly children with disabilities and other
 2446  special needs. The department office shall:
 2447         1. Annually inform child care facilities and family day
 2448  care homes of the availability of this service through the child
 2449  care resource and referral network under s. 1002.92.
 2450         2. Expand or contract for the expansion of the Warm-Line to
 2451  maintain at least one Warm-Line in each early learning coalition
 2452  service area.
 2453         (v)(u) Develop and implement strategies to increase the
 2454  supply and improve the quality of child care services for
 2455  infants and toddlers, children with disabilities, children who
 2456  receive care during nontraditional hours, children in
 2457  underserved areas, and children in areas that have significant
 2458  concentrations of poverty and unemployment.
 2459         (w)(v) Establish preservice and inservice training
 2460  requirements that address, at a minimum, school readiness child
 2461  development standards, health and safety requirements, and
 2462  social-emotional behavior intervention models, which may include
 2463  positive behavior intervention and support models, including the
 2464  integration of early learning professional development pathways
 2465  established in s. 1002.995.
 2466         (x)(w) Establish standards for emergency preparedness plans
 2467  for school readiness program providers.
 2468         (y)(x) Establish group sizes.
 2469         (z)(y) Establish staff-to-children ratios that do not
 2470  exceed the requirements of s. 402.302(8) or (11) or s.
 2471  402.305(4), as applicable, for school readiness program
 2472  providers.
 2473         (aa)(z) Establish eligibility criteria, including
 2474  limitations based on income and family assets, in accordance
 2475  with s. 1002.87 and federal law.
 2476         (3) If the department office determines during the review
 2477  of school readiness program plans, or through monitoring and
 2478  performance evaluations conducted under s. 1002.85, that an
 2479  early learning coalition has not substantially implemented its
 2480  plan, has not substantially met the performance standards and
 2481  outcome measures adopted by the department office, or has not
 2482  effectively administered the school readiness program or
 2483  Voluntary Prekindergarten Education Program, the department
 2484  office may remove the coalition from eligibility to administer
 2485  early learning programs and temporarily contract with a
 2486  qualified entity to continue school readiness program and
 2487  prekindergarten services in the coalition’s county or
 2488  multicounty region until the department office reestablishes or
 2489  merges the coalition and a new school readiness program plan is
 2490  approved in accordance with the rules adopted by the State Board
 2491  of Education office.
 2492         (4)The department shall adopt procedures for merging early
 2493  learning coalitions, including procedures for the consolidation
 2494  of merging coalitions that minimize duplication of programs and
 2495  services due to the merger, and for the early termination of the
 2496  terms of the coalition members which are necessary to accomplish
 2497  the mergers.
 2498         (5)(4) The department office may request the Governor to
 2499  apply for a waiver to allow a coalition to administer the Head
 2500  Start Program to accomplish the purposes of the school readiness
 2501  program.
 2502         (6)(5) By January 1 of each year, the department office
 2503  shall annually publish on its website a report of its activities
 2504  conducted under this section. The report must include a summary
 2505  of the coalitions’ annual reports, a statewide summary, and the
 2506  following:
 2507         (a) An analysis of early learning activities throughout the
 2508  state, including the school readiness program and the Voluntary
 2509  Prekindergarten Education Program.
 2510         1. The total and average number of children served in the
 2511  school readiness program, enumerated by age, eligibility
 2512  priority category, and coalition, and the total number of
 2513  children served in the Voluntary Prekindergarten Education
 2514  Program.
 2515         2. A summary of expenditures by coalition, by fund source,
 2516  including a breakdown by coalition of the percentage of
 2517  expenditures for administrative activities, quality activities,
 2518  nondirect services, and direct services for children.
 2519         3. A description of the department’s office’s and each
 2520  coalition’s expenditures by fund source for the quality and
 2521  enhancement activities described in s. 1002.89(5)(b) s.
 2522  1002.89(6)(b).
 2523         4. A summary of annual findings and collections related to
 2524  provider fraud and parent fraud.
 2525         5. Data regarding the coalitions’ delivery of early
 2526  learning programs.
 2527         6. The total number of children disenrolled statewide and
 2528  the reason for disenrollment.
 2529         7. The total number of providers by provider type.
 2530         8. The number of school readiness program providers who
 2531  have completed the program assessment required under paragraph
 2532  (2)(n); the number of providers who have not met the minimum
 2533  threshold for contracting established under paragraph (2)(n);
 2534  and the number of providers that have an active improvement plan
 2535  based on the results of the program assessment under paragraph
 2536  (2)(n).
 2537         9. The total number of provider contracts revoked and the
 2538  reasons for revocation.
 2539         (b) A summary of the activities and detailed expenditures
 2540  related to the Child Care Executive Partnership Program.
 2541         (7)(a)(6)(a) Parental choice of child care providers,
 2542  including private and faith-based providers, shall be
 2543  established to the maximum extent practicable in accordance with
 2544  45 C.F.R. s. 98.30.
 2545         (b) As used in this subsection, the term “payment
 2546  certificate” means a child care certificate as defined in 45
 2547  C.F.R. s. 98.2.
 2548         (c) The school readiness program shall, in accordance with
 2549  45 C.F.R. s. 98.30, provide parental choice through a payment
 2550  certificate that provides, to the maximum extent possible,
 2551  flexibility in the school readiness program and payment
 2552  arrangements. The payment certificate must bear the names of the
 2553  beneficiary and the program provider and, when redeemed, must
 2554  bear the signatures of both the beneficiary and an authorized
 2555  representative of the provider.
 2556         (d) If it is determined that a provider has given any cash
 2557  or other consideration to the beneficiary in return for
 2558  receiving a payment certificate, the early learning coalition or
 2559  its fiscal agent shall refer the matter to the Department of
 2560  Financial Services pursuant to s. 414.411 for investigation.
 2561         (8)(7) Participation in the school readiness program does
 2562  not expand the regulatory authority of the state, its officers,
 2563  or an early learning coalition to impose any additional
 2564  regulation on providers beyond those necessary to enforce the
 2565  requirements set forth in this part and part V of this chapter.
 2566         Section 49. Subsections (1), (2), and (3), paragraph (m) of
 2567  subsection (4), and subsections (5), (11), and (13) of section
 2568  1002.83, Florida Statutes, are amended to read:
 2569         1002.83 Early learning coalitions.—
 2570         (1) Thirty Thirty-one or fewer early learning coalitions
 2571  are established and shall maintain direct enhancement services
 2572  at the local level and provide access to such services in all 67
 2573  counties. Two or more early learning coalitions may join for
 2574  purposes of planning and implementing a school readiness program
 2575  and the Voluntary Prekindergarten Education Program.
 2576         (2) Each early learning coalition shall be composed of at
 2577  least 13 15 members but not more than 15 30 members.
 2578         (3) The Governor shall appoint the chair and two other
 2579  members of each early learning coalition, who must each meet the
 2580  same qualifications of a as private sector business member
 2581  members appointed by the coalition under subsection (5).
 2582         (4) Each early learning coalition must include the
 2583  following member positions; however, in a multicounty coalition,
 2584  each ex officio member position may be filled by multiple
 2585  nonvoting members but no more than one voting member shall be
 2586  seated per member position. If an early learning coalition has
 2587  more than one member representing the same entity, only one of
 2588  such members may serve as a voting member:
 2589         (m)A central agency administrator, where applicable.
 2590         (5) Including the Members appointed by the Governor under
 2591  subsection (3), more than one-third of the members of each early
 2592  learning coalition must be private sector business members,
 2593  either for-profit or nonprofit, who do not have, and none of
 2594  whose relatives as defined in s. 112.3143 has, a substantial
 2595  financial interest in the design or delivery of the Voluntary
 2596  Prekindergarten Education Program created under part V of this
 2597  chapter or the school readiness program. To meet this
 2598  requirement, an early learning coalition must appoint additional
 2599  members. The department office shall establish criteria for
 2600  appointing private sector business members. These criteria must
 2601  include standards for determining whether a member or relative
 2602  has a substantial financial interest in the design or delivery
 2603  of the Voluntary Prekindergarten Education Program or the school
 2604  readiness program.
 2605         (11) Each early learning coalition shall establish terms
 2606  for all appointed members of the coalition. The terms must be
 2607  staggered and must be a uniform length that does not exceed 4
 2608  years per term. Coalition chairs shall be appointed for 4 years
 2609  in conjunction with their membership on the Early Learning
 2610  Advisory Council pursuant to s. 20.052. Appointed members may
 2611  serve a maximum of two consecutive terms. When a vacancy occurs
 2612  in an appointed position, the coalition must advertise the
 2613  vacancy.
 2614         (13) Each early learning coalition shall use a coordinated
 2615  professional development system that supports the achievement
 2616  and maintenance of core competencies by school readiness program
 2617  teachers in helping children attain the performance standards
 2618  adopted by the department office.
 2619         Section 50. Subsections (17) through (20) of section
 2620  1002.84, Florida Statutes, are renumbered as subsections (16)
 2621  through (19), respectively, and subsections (1), (2), (4), (7),
 2622  (8), (15), and (16) and present subsections (17), (18), and (20)
 2623  of that section are amended to read:
 2624         1002.84 Early learning coalitions; school readiness powers
 2625  and duties.—Each early learning coalition shall:
 2626         (1) Administer and implement a local comprehensive program
 2627  of school readiness program services in accordance with this
 2628  part and the rules adopted by the State Board of Education
 2629  office, which enhances the cognitive, social, and physical
 2630  development of children to achieve the performance standards.
 2631         (2) Establish a uniform waiting list to track eligible
 2632  children waiting for enrollment in the school readiness program
 2633  in accordance with rules adopted by the State Board of Education
 2634  office.
 2635         (4) Establish a regional Warm-Line as directed by the
 2636  department office pursuant to s. 1002.82(2)(u) s. 1002.82(2)(t).
 2637  Regional Warm-Line staff shall provide onsite technical
 2638  assistance, when requested, to assist child care facilities and
 2639  family day care homes with inquiries relating to the strategies,
 2640  curriculum, and environmental adaptations the child care
 2641  facilities and family day care homes may need as they serve
 2642  children with disabilities and other special needs.
 2643         (7) Determine child eligibility pursuant to s. 1002.87 and
 2644  provider eligibility pursuant to s. 1002.88. Child eligibility
 2645  must be redetermined annually. A coalition must document the
 2646  reason a child is no longer eligible for the school readiness
 2647  program according to the standard codes prescribed by the
 2648  department office.
 2649         (8) Establish a parent sliding fee scale that provides for
 2650  a parent copayment that is not a barrier to families receiving
 2651  school readiness program services. Providers are required to
 2652  collect the parent’s copayment. A coalition may, on a case-by
 2653  case basis, waive the copayment for an at-risk child or
 2654  temporarily waive the copayment for a child whose family’s
 2655  income is at or below the federal poverty level or and whose
 2656  family experiences a natural disaster or an event that limits
 2657  the parent’s ability to pay, such as incarceration, placement in
 2658  residential treatment, or becoming homeless, or an emergency
 2659  situation such as a household fire or burglary, or while the
 2660  parent is participating in parenting classes or participating in
 2661  an Early Head Start program or Head Start Program. A parent may
 2662  not transfer school readiness program services to another school
 2663  readiness program provider until the parent has submitted
 2664  documentation from the current school readiness program provider
 2665  to the early learning coalition stating that the parent has
 2666  satisfactorily fulfilled the copayment obligation.
 2667         (15) Monitor school readiness program providers in
 2668  accordance with its plan, or in response to a parental
 2669  complaint, to verify that the standards prescribed in ss.
 2670  1002.82 and 1002.88 are being met using a standard monitoring
 2671  tool adopted by the department office. Providers determined to
 2672  be high-risk by the coalition, as demonstrated by substantial
 2673  findings of violations of federal law or the general or local
 2674  laws of the state, shall be monitored more frequently. Providers
 2675  with 3 consecutive years of compliance may be monitored
 2676  biennially.
 2677         (16)Adopt a payment schedule that encompasses all programs
 2678  funded under this part and part V of this chapter. The payment
 2679  schedule must take into consideration the average market rate,
 2680  include the projected number of children to be served, and be
 2681  submitted for approval by the office. Informal child care
 2682  arrangements shall be reimbursed at not more than 50 percent of
 2683  the rate adopted for a family day care home.
 2684         (16)(17) Implement an anti-fraud plan addressing the
 2685  detection, reporting, and prevention of overpayments, abuse, and
 2686  fraud relating to the provision of and payment for school
 2687  readiness program and Voluntary Prekindergarten Education
 2688  Program services and submit the plan to the department office
 2689  for approval, as required by s. 1002.91.
 2690         (17)(18) By October 1 of each year, submit an annual report
 2691  to the department office. The report must shall conform to the
 2692  format adopted by the department office and must include:
 2693         (a) Segregation of school readiness program funds,
 2694  Voluntary Prekindergarten Education Program funds, Child Care
 2695  Executive Partnership Program funds, and other local revenues
 2696  available to the coalition.
 2697         (b) Details of expenditures by fund source, including total
 2698  expenditures for administrative activities, quality activities,
 2699  nondirect services, and direct services for children.
 2700         (c) The total number of coalition staff and the related
 2701  expenditures for salaries and benefits. For any subcontracts,
 2702  the total number of contracted staff and the related
 2703  expenditures for salaries and benefits must be included.
 2704         (d) The number of children served in the school readiness
 2705  program, by provider type, enumerated by age and eligibility
 2706  priority category, reported as the number of children served
 2707  during the month, the average participation throughout the
 2708  month, and the number of children served during the month.
 2709         (e) The total number of children disenrolled during the
 2710  year and the reasons for disenrollment.
 2711         (f) The total number of providers by provider type.
 2712         (g) A listing of any school readiness program provider, by
 2713  type, whose eligibility to deliver the school readiness program
 2714  is revoked, including a brief description of the state or
 2715  federal violation that resulted in the revocation.
 2716         (h) An evaluation of its direct enhancement services.
 2717         (i) The total number of children served in each provider
 2718  facility.
 2719         (19)(a)(20) To increase transparency and accountability,
 2720  comply with the requirements of this section before contracting
 2721  with one or more of the following persons or business entities
 2722  which employs, has a contractual relationship with, or is owned
 2723  by the following persons:
 2724         1. A member of the coalition appointed pursuant to s.
 2725  1002.83(4);
 2726         2.A board member of any other early learning subrecipient
 2727  entity;
 2728         3.A coalition employee; or
 2729         4. A relative, as defined in s. 112.3143(1)(c), of any
 2730  person identified in subparagraphs 1.-3 a coalition member or of
 2731  an employee of the coalition.
 2732         (b) Such contracts may not be executed without the approval
 2733  of the department office. Such contracts, as well as
 2734  documentation demonstrating adherence to this section by the
 2735  coalition, must be approved by a two-thirds vote of the
 2736  coalition, a quorum having been established; all conflicts of
 2737  interest must be disclosed before the vote; and any member who
 2738  may benefit from the contract, or whose relative may benefit
 2739  from the contract, must abstain from the vote. A contract under
 2740  $25,000 between an early learning coalition and a member of that
 2741  coalition or between a relative, as defined in s.
 2742  112.3143(1)(c), of a coalition member or of an employee of the
 2743  coalition is not required to have the prior approval of the
 2744  department office but must be approved by a two-thirds vote of
 2745  the coalition, a quorum having been established, and must be
 2746  reported to the department office within 30 days after approval.
 2747  If a contract cannot be approved by the department office, a
 2748  review of the decision to disapprove the contract may be
 2749  requested by the early learning coalition or other parties to
 2750  the disapproved contract.
 2751         Section 51. Section 1002.85, Florida Statutes, is amended
 2752  to read:
 2753         1002.85 Early learning coalition plans.—
 2754         (1) The department office shall adopt rules prescribing the
 2755  standardized format and required content of school readiness
 2756  program plans as necessary for a coalition or other qualified
 2757  entity to administer the school readiness program as provided in
 2758  this part.
 2759         (2) Each early learning coalition must biennially submit a
 2760  school readiness program plan to the department office before
 2761  the expenditure of funds. A coalition may not implement its
 2762  school readiness program plan until it receives approval from
 2763  the department office. A coalition may not implement any
 2764  revision to its school readiness program plan until the
 2765  coalition submits the revised plan to and receives approval from
 2766  the department office. If the department office rejects a plan
 2767  or revision, the coalition must continue to operate under its
 2768  previously approved plan. The plan must include, but is not
 2769  limited to:
 2770         (a) The coalition’s operations, including its membership
 2771  and business organization, and the coalition’s articles of
 2772  incorporation and bylaws if the coalition is organized as a
 2773  corporation. If the coalition is not organized as a corporation
 2774  or other business entity, the plan must include the contract
 2775  with a fiscal agent.
 2776         (b) The minimum number of children to be served by care
 2777  level.
 2778         (c) The coalition’s procedures for implementing the
 2779  requirements of this part, including:
 2780         1. Single point of entry.
 2781         2. Uniform waiting list.
 2782         3. Eligibility and enrollment processes and local
 2783  eligibility priorities for children pursuant to s. 1002.87.
 2784         4. Parent access and choice.
 2785         5. Sliding fee scale and policies on applying the waiver or
 2786  reduction of fees in accordance with s. 1002.84(8).
 2787         6. Use of preassessments and postassessments, as
 2788  applicable.
 2789         7. Payment rate schedule.
 2790         8. Use of contracted slots, as applicable, based on the
 2791  results of the assessment required under paragraph (j).
 2792         (d) A detailed description of the coalition’s quality
 2793  activities and services, including, but not limited to:
 2794         1. Resource and referral and school-age child care.
 2795         2. Infant and toddler early learning.
 2796         3. Inclusive early learning programs.
 2797         4. Quality improvement strategies that strengthen teaching
 2798  practices and increase child outcomes.
 2799         (e) A detailed budget that outlines estimated expenditures
 2800  for state, federal, and local matching funds at the lowest level
 2801  of detail available by other-cost-accumulator code number; all
 2802  estimated sources of revenue with identifiable descriptions; a
 2803  listing of full-time equivalent positions; contracted
 2804  subcontractor costs with related annual compensation amount or
 2805  hourly rate of compensation; and a capital improvements plan
 2806  outlining existing fixed capital outlay projects and proposed
 2807  capital outlay projects that will begin during the budget year.
 2808         (f) A detailed accounting, in the format prescribed by the
 2809  department office, of all revenues and expenditures during the
 2810  previous state fiscal year. Revenue sources should be
 2811  identifiable, and expenditures should be reported by three
 2812  categories: state and federal funds, local matching funds, and
 2813  Child Care Executive Partnership Program funds.
 2814         (g) Updated policies and procedures, including those
 2815  governing procurement, maintenance of tangible personal
 2816  property, maintenance of records, information technology
 2817  security, and disbursement controls.
 2818         (h) A description of the procedures for monitoring school
 2819  readiness program providers, including in response to a parental
 2820  complaint, to determine that the standards prescribed in ss.
 2821  1002.82 and 1002.88 are met using a standard monitoring tool
 2822  adopted by the department office. Providers determined to be
 2823  high risk by the coalition as demonstrated by substantial
 2824  findings of violations of law shall be monitored more
 2825  frequently.
 2826         (i) Documentation that the coalition has solicited and
 2827  considered comments regarding the proposed school readiness
 2828  program plan from the local community.
 2829         (j) An assessment of local priorities within the county or
 2830  multicounty region based on the needs of families and provider
 2831  capacity using available community data.
 2832         (3) The coalition may periodically amend its plan as
 2833  necessary. An amended plan must be submitted to and approved by
 2834  the department office before any expenditures are incurred on
 2835  the new activities proposed in the amendment.
 2836         (4) The department office shall publish a copy of the
 2837  standardized format and required content of school readiness
 2838  program plans on its website.
 2839         (5) The department office shall collect and report data on
 2840  coalition delivery of early learning programs. Elements must
 2841  shall include, but need not be are not limited to, measures
 2842  related to progress towards reducing the number of children on
 2843  the waiting list, the percentage of children served by the
 2844  program as compared to the number of administrative staff and
 2845  overhead, the percentage of children served compared to total
 2846  number of children under the age of 5 years below 150 percent of
 2847  the federal poverty level, provider payment processes, fraud
 2848  intervention, child attendance and stability, use of child care
 2849  resource and referral, and kindergarten readiness outcomes for
 2850  children in the Voluntary Prekindergarten Education Program or
 2851  the school readiness program upon entry into kindergarten. The
 2852  department office shall request input from the coalitions and
 2853  school readiness program providers before finalizing the format
 2854  and data to be used. The report shall be implemented beginning
 2855  July 1, 2014, and results of the report must be included in the
 2856  annual report under s. 1002.82.
 2857         Section 52. Paragraphs (a), (b), (c), (e), (f), (m), (n),
 2858  (p), and (q) of subsection (1) and subsection (3) of section
 2859  1002.88, Florida Statutes, are amended, and paragraph (s) is
 2860  added to subsection (1) of that section, to read:
 2861         1002.88 School readiness program provider standards;
 2862  eligibility to deliver the school readiness program.—
 2863         (1) To be eligible to deliver the school readiness program,
 2864  a school readiness program provider must:
 2865         (a) Be a child care facility licensed under s. 402.305, a
 2866  family day care home licensed or registered under s. 402.313, a
 2867  large family child care home licensed under s. 402.3131, a
 2868  public school or nonpublic school exempt from licensure under s.
 2869  402.3025, a faith-based child care provider exempt from
 2870  licensure under s. 402.316, a before-school or after-school
 2871  program described in s. 402.305(1)(c), a child development
 2872  program operating on a military installation that is certified
 2873  by the United States Department of Defense and accredited by a
 2874  national accrediting body, or an informal child care provider to
 2875  the extent authorized in the state’s Child Care and Development
 2876  Fund Plan as approved by the United States Department of Health
 2877  and Human Services pursuant to 45 C.F.R. s. 98.18, or a provider
 2878  who has been issued a provisional license pursuant to s.
 2879  402.309. A provider may not deliver the program while its
 2880  license has been converted to a probation-status license
 2881  pursuant to s. 402.310.
 2882         (b) Provide instruction and activities to enhance the age
 2883  appropriate progress of each child in attaining the child
 2884  development standards adopted by the department office pursuant
 2885  to s. 1002.82(2)(j). A provider should include activities to
 2886  foster brain development in infants and toddlers; provide an
 2887  environment that is rich in language and music and filled with
 2888  objects of various colors, shapes, textures, and sizes to
 2889  stimulate visual, tactile, auditory, and linguistic senses; and
 2890  include 30 minutes of reading to children each day.
 2891         (c) Provide basic health and safety of its premises and
 2892  facilities and compliance with requirements for age-appropriate
 2893  immunizations of children enrolled in the school readiness
 2894  program.
 2895         1. For a provider that is licensed, compliance with s.
 2896  402.305, s. 402.3131, or s. 402.313 and this subsection, as
 2897  verified pursuant to s. 402.311, satisfies this requirement.
 2898         2. For a provider that is a registered family day care home
 2899  or is not subject to licensure or registration by the Department
 2900  of Children and Families, compliance with this subsection, as
 2901  verified pursuant to s. 402.311, satisfies this requirement.
 2902  Upon verification pursuant to s. 402.311, the provider shall
 2903  annually post the health and safety checklist adopted by the
 2904  department office prominently on its premises in plain sight for
 2905  visitors and parents and shall annually submit the checklist to
 2906  its local early learning coalition.
 2907         3.For a child development program operating on a military
 2908  installation that is certified by the United States Department
 2909  of Defense and accredited by a national accrediting body, the
 2910  submission and verification of annual inspections pursuant to
 2911  United States Department of Defense Instructions 6060.2 and
 2912  1402.05 satisfy this requirement.
 2913         (e) Employ child care personnel, as defined in s.
 2914  402.302(3), who have satisfied the screening requirements of
 2915  chapter 402 and fulfilled the training requirements of the
 2916  department office.
 2917         (f) Implement one of the curricula approved by the
 2918  department office that meets the child development standards.
 2919         (m) For a provider that is not an informal provider,
 2920  maintain general liability insurance and provide the coalition
 2921  with written evidence of general liability insurance coverage,
 2922  including coverage for transportation of children if school
 2923  readiness program children are transported by the provider. A
 2924  provider must obtain and retain an insurance policy that
 2925  provides a minimum of $100,000 of coverage per occurrence and a
 2926  minimum of $300,000 general aggregate coverage. The department
 2927  office may authorize lower limits upon request, as appropriate.
 2928  A provider must add the coalition as a named certificateholder
 2929  and as an additional insured. A provider must provide the
 2930  coalition with a minimum of 10 calendar days’ advance written
 2931  notice of cancellation of or changes to coverage. The general
 2932  liability insurance required by this paragraph must remain in
 2933  full force and effect for the entire period of the provider
 2934  contract with the coalition.
 2935         (n) For a provider that is an informal provider, comply
 2936  with the provisions of paragraph (m) or maintain homeowner’s
 2937  liability insurance and, if applicable, a business rider. If an
 2938  informal provider chooses to maintain a homeowner’s policy, the
 2939  provider must obtain and retain a homeowner’s insurance policy
 2940  that provides a minimum of $100,000 of coverage per occurrence
 2941  and a minimum of $300,000 general aggregate coverage. The
 2942  department office may authorize lower limits upon request, as
 2943  appropriate. An informal provider must add the coalition as a
 2944  named certificateholder and as an additional insured. An
 2945  informal provider must provide the coalition with a minimum of
 2946  10 calendar days’ advance written notice of cancellation of or
 2947  changes to coverage. The general liability insurance required by
 2948  this paragraph must remain in full force and effect for the
 2949  entire period of the provider’s contract with the coalition.
 2950         (p) Notwithstanding paragraph (m), for a provider that is a
 2951  state agency or a subdivision thereof, as defined in s.
 2952  768.28(2), agree to notify the coalition of any additional
 2953  liability coverage maintained by the provider in addition to
 2954  that otherwise established under s. 768.28. The provider shall
 2955  indemnify the coalition to the extent permitted by s. 768.28.
 2956  Notwithstanding paragraph (m), for a child development program
 2957  operating on a military installation that is certified by the
 2958  United States Department of Defense and accredited by a national
 2959  accrediting body, the provider may demonstrate liability
 2960  coverage by affirming that it is subject to the Federal Tort
 2961  Claims Act, 28 U.S.C. ss. 2671 et seq.
 2962         (q) Execute the standard statewide provider contract
 2963  adopted by the department office.
 2964         (s)Collect all parent copayment fees unless a waiver has
 2965  been granted under s. 1002.84(8).
 2966         (3) The department office and the coalitions may not:
 2967         (a) Impose any requirement on a child care provider or
 2968  early childhood education provider that does not deliver
 2969  services under the school readiness program or receive state or
 2970  federal funds under this part;
 2971         (b) Impose any requirement on a school readiness program
 2972  provider that exceeds the authority provided under this part or
 2973  part V of this chapter or rules adopted pursuant to this part or
 2974  part V of this chapter; or
 2975         (c) Require a provider to administer a preassessment or
 2976  postassessment or, after its implementation, the program
 2977  assessment required under s. 1002.67.
 2978         Section 53. Subsections (3) through (7) of section 1002.89,
 2979  Florida Statutes, are renumbered as subsections (2) through (6),
 2980  respectively, and subsections (2), (3), and (6) of that section
 2981  are amended, to read:
 2982         1002.89 School readiness program; funding.—
 2983         (2) The office shall administer school readiness program
 2984  funds and prepare and submit a unified budget request for the
 2985  school readiness program in accordance with chapter 216.
 2986         (3) All instructions to early learning coalitions for
 2987  administering this section shall emanate from the department
 2988  office in accordance with the policies of the Legislature.
 2989         (5)(6) Costs shall be kept to the minimum necessary for the
 2990  efficient and effective administration of the school readiness
 2991  program with the highest priority of expenditure being direct
 2992  services for eligible children. However, no more than 5 percent
 2993  of the funds described in subsection (4) subsection (5) may be
 2994  used for administrative costs and no more than 22 percent of the
 2995  funds described in subsection (4) subsection (5) may be used in
 2996  any fiscal year for any combination of administrative costs,
 2997  quality activities, and nondirect services as follows:
 2998         (a) Administrative costs as described in 45 C.F.R. s.
 2999  98.52, which shall include monitoring providers using the
 3000  standard methodology adopted under s. 1002.82 to improve
 3001  compliance with state and federal regulations and law pursuant
 3002  to the requirements of the statewide provider contract adopted
 3003  under s. 1002.82(2)(m).
 3004         (b) Activities to improve the quality of child care as
 3005  described in 45 C.F.R. s. 98.51, which shall be limited to the
 3006  following:
 3007         1. Developing, establishing, expanding, operating, and
 3008  coordinating resource and referral programs specifically related
 3009  to the provision of comprehensive consumer education to parents
 3010  and the public to promote informed child care choices specified
 3011  in 45 C.F.R. s. 98.33.
 3012         2. Awarding grants and providing financial support to
 3013  school readiness program providers and their staff to assist
 3014  them in meeting applicable state requirements for the program
 3015  assessment required under s. 1002.82(2)(n), child care
 3016  performance standards, implementing developmentally appropriate
 3017  curricula and related classroom resources that support
 3018  curricula, providing literacy supports, and providing continued
 3019  professional development and training. Any grants awarded
 3020  pursuant to this subparagraph shall comply with ss. 215.971 and
 3021  287.058.
 3022         3. Providing training, technical assistance, and financial
 3023  support to school readiness program providers, staff, and
 3024  parents on standards, child screenings, child assessments, child
 3025  development research and best practices, developmentally
 3026  appropriate curricula, character development, teacher-child
 3027  interactions, age-appropriate discipline practices, health and
 3028  safety, nutrition, first aid, cardiopulmonary resuscitation, the
 3029  recognition of communicable diseases, and child abuse detection,
 3030  prevention, and reporting.
 3031         4. Providing, from among the funds provided for the
 3032  activities described in subparagraphs 1.-3., adequate funding
 3033  for infants and toddlers as necessary to meet federal
 3034  requirements related to expenditures for quality activities for
 3035  infant and toddler care.
 3036         5. Improving the monitoring of compliance with, and
 3037  enforcement of, applicable state and local requirements as
 3038  described in and limited by 45 C.F.R. s. 98.40.
 3039         6. Responding to Warm-Line requests by providers and
 3040  parents, including providing developmental and health screenings
 3041  to school readiness program children.
 3042         (c) Nondirect services as described in applicable Office of
 3043  Management and Budget instructions are those services not
 3044  defined as administrative, direct, or quality services that are
 3045  required to administer the school readiness program. Such
 3046  services include, but are not limited to:
 3047         1. Assisting families to complete the required application
 3048  and eligibility documentation.
 3049         2. Determining child and family eligibility.
 3050         3. Recruiting eligible child care providers.
 3051         4. Processing and tracking attendance records.
 3052         5. Developing and maintaining a statewide child care
 3053  information system.
 3054  
 3055  As used in this paragraph, the term “nondirect services” does
 3056  not include payments to school readiness program providers for
 3057  direct services provided to children who are eligible under s.
 3058  1002.87, administrative costs as described in paragraph (a), or
 3059  quality activities as described in paragraph (b).
 3060         Section 54. Subsection (1), paragraph (a) of subsection
 3061  (2), and subsections (4), (5), and (6) of section 1002.895,
 3062  Florida Statutes, are amended to read:
 3063         1002.895 Market rate schedule.—The school readiness program
 3064  market rate schedule shall be implemented as follows:
 3065         (1) The department office shall establish procedures for
 3066  the adoption of a market rate schedule. The schedule must
 3067  include, at a minimum, county-by-county rates:
 3068         (a) The market rate, including the minimum and the maximum
 3069  rates for child care providers that hold a Gold Seal Quality
 3070  Care designation under s. 1002.945 and adhere to its accrediting
 3071  association’s teacher-to-child ratios and group size
 3072  requirements s. 402.281.
 3073         (b) The market rate for child care providers that do not
 3074  hold a Gold Seal Quality Care designation.
 3075         (2) The market rate schedule, at a minimum, must:
 3076         (a) Differentiate rates by type, including, but not limited
 3077  to, a child care provider that holds a Gold Seal Quality Care
 3078  designation under s. 1002.945 and adheres to its accrediting
 3079  association’s teacher-to-child ratios and group size
 3080  requirements s. 402.281, a child care facility licensed under s.
 3081  402.305, a public or nonpublic school exempt from licensure
 3082  under s. 402.3025, a faith-based child care facility exempt from
 3083  licensure under s. 402.316 that does not hold a Gold Seal
 3084  Quality Care designation, a large family child care home
 3085  licensed under s. 402.3131, or a family day care home licensed
 3086  or registered under s. 402.313.
 3087         (4) The market rate schedule shall be considered by the
 3088  Early Learning Program Estimating Conference under s. 216.136(8)
 3089  an early learning coalition in the adoption of a payment
 3090  schedule. The payment schedule must take into consideration the
 3091  prevailing average market rate, include the projected number of
 3092  children to be served by each county, and be submitted for
 3093  approval by the office. Informal child care arrangements shall
 3094  be reimbursed at not more than 50 percent of the rate adopted
 3095  for a family day care home.
 3096         (5) The department office may contract with one or more
 3097  qualified entities to administer this section and provide
 3098  support and technical assistance for child care providers.
 3099         (6) The State Board of Education office may adopt rules for
 3100  establishing procedures for the collection of child care
 3101  providers’ market rate, the calculation of the prevailing
 3102  average market rate by program care level and provider type in a
 3103  predetermined geographic market, and the publication of the
 3104  market rate schedule.
 3105         Section 55. Section 1002.91, Florida Statutes, is amended
 3106  to read:
 3107         1002.91 Investigations of fraud or overpayment; penalties.—
 3108         (1) As used in this subsection, the term “fraud” means an
 3109  intentional deception, omission, or misrepresentation made by a
 3110  person with knowledge that the deception, omission, or
 3111  misrepresentation may result in unauthorized benefit to that
 3112  person or another person, or any aiding and abetting of the
 3113  commission of such an act. The term includes any act that
 3114  constitutes fraud under applicable federal or state law.
 3115         (2) To recover state, federal, and local matching funds,
 3116  the department office shall investigate early learning
 3117  coalitions, recipients, and providers of the school readiness
 3118  program and the Voluntary Prekindergarten Education Program to
 3119  determine possible fraud or overpayment. If by its own
 3120  inquiries, or as a result of a complaint, the department office
 3121  has reason to believe that a person, coalition, or provider has
 3122  engaged in, or is engaging in, a fraudulent act, it shall
 3123  investigate and determine whether any overpayment has occurred
 3124  due to the fraudulent act. During the investigation, the
 3125  department office may examine all records, including electronic
 3126  benefits transfer records, and make inquiry of all persons who
 3127  may have knowledge as to any irregularity incidental to the
 3128  disbursement of public moneys or other items or benefits
 3129  authorizations to recipients.
 3130         (3) Based on the results of the investigation, the
 3131  department office may, in its discretion, refer the
 3132  investigation to the Department of Financial Services for
 3133  criminal investigation or refer the matter to the applicable
 3134  coalition. Any suspected criminal violation identified by the
 3135  department office must be referred to the Department of
 3136  Financial Services for criminal investigation.
 3137         (4) An early learning coalition may suspend or terminate a
 3138  provider from participation in the school readiness program or
 3139  the Voluntary Prekindergarten Education Program when it has
 3140  reasonable cause to believe that the provider has committed
 3141  fraud. The State Board of Education office shall adopt by rule
 3142  appropriate due process procedures that the early learning
 3143  coalition shall apply in suspending or terminating any provider,
 3144  including the suspension or termination of payment. If
 3145  suspended, the provider shall remain suspended until the
 3146  completion of any investigation by the department office, the
 3147  Department of Financial Services, or any other state or federal
 3148  agency, and any subsequent prosecution or other legal
 3149  proceeding.
 3150         (5) If a school readiness program provider or a Voluntary
 3151  Prekindergarten Education Program provider, or an owner,
 3152  officer, or director thereof, is convicted of, found guilty of,
 3153  or pleads guilty or nolo contendere to, regardless of
 3154  adjudication, public assistance fraud pursuant to s. 414.39, or
 3155  is acting as the beneficial owner for someone who has been
 3156  convicted of, found guilty of, or pleads guilty or nolo
 3157  contendere to, regardless of adjudication, public assistance
 3158  fraud pursuant to s. 414.39, the early learning coalition shall
 3159  refrain from contracting with, or using the services of, that
 3160  provider for a period of 5 years. In addition, the coalition
 3161  shall refrain from contracting with, or using the services of,
 3162  any provider that shares an officer or director with a provider
 3163  that is convicted of, found guilty of, or pleads guilty or nolo
 3164  contendere to, regardless of adjudication, public assistance
 3165  fraud pursuant to s. 414.39 for a period of 5 years.
 3166         (6) If the investigation is not confidential or otherwise
 3167  exempt from disclosure by law, the results of the investigation
 3168  may be reported by the department office to the appropriate
 3169  legislative committees, the Department of Children and Families,
 3170  and such other persons as the department office deems
 3171  appropriate.
 3172         (7) The early learning coalition may not contract with a
 3173  school readiness program provider or a Voluntary Prekindergarten
 3174  Education Program provider who is on the United States
 3175  Department of Agriculture National Disqualified List. In
 3176  addition, the coalition may not contract with any provider that
 3177  shares an officer or director with a provider that is on the
 3178  United States Department of Agriculture National Disqualified
 3179  List.
 3180         (8) Each early learning coalition shall adopt an anti-fraud
 3181  plan addressing the detection and prevention of overpayments,
 3182  abuse, and fraud relating to the provision of and payment for
 3183  school readiness program and Voluntary Prekindergarten Education
 3184  Program services and submit the plan to the department office
 3185  for approval. The State Board of Education office shall adopt
 3186  rules establishing criteria for the anti-fraud plan, including
 3187  appropriate due process provisions. The anti-fraud plan must
 3188  include, at a minimum:
 3189         (a) A written description or chart outlining the
 3190  organizational structure of the plan’s personnel who are
 3191  responsible for the investigation and reporting of possible
 3192  overpayment, abuse, or fraud.
 3193         (b) A description of the plan’s procedures for detecting
 3194  and investigating possible acts of fraud, abuse, or overpayment.
 3195         (c) A description of the plan’s procedures for the
 3196  mandatory reporting of possible overpayment, abuse, or fraud to
 3197  the Office of Inspector General within the department office.
 3198         (d) A description of the plan’s program and procedures for
 3199  educating and training personnel on how to detect and prevent
 3200  fraud, abuse, and overpayment.
 3201         (e) A description of the plan’s procedures, including the
 3202  appropriate due process provisions adopted by the department
 3203  office for suspending or terminating from the school readiness
 3204  program or the Voluntary Prekindergarten Education Program a
 3205  recipient or provider who the early learning coalition believes
 3206  has committed fraud.
 3207         (9) A person who commits an act of fraud as defined in this
 3208  section is subject to the penalties provided in s. 414.39(5)(a)
 3209  and (b).
 3210         Section 56. Subsections (1) and (2) and paragraph (a) of
 3211  subsection (3) of section 1002.92, Florida Statutes, are amended
 3212  to read:
 3213         1002.92 Child care and early childhood resource and
 3214  referral.—
 3215         (1) As a part of the school readiness program, the
 3216  department office shall establish a statewide child care
 3217  resource and referral network that is unbiased and provides
 3218  referrals to families for child care and information on
 3219  available community resources. Preference shall be given to
 3220  using early learning coalitions as the child care resource and
 3221  referral agencies. If an early learning coalition cannot comply
 3222  with the requirements to offer the resource information
 3223  component or does not want to offer that service, the early
 3224  learning coalition shall select the resource and referral agency
 3225  for its county or multicounty region based upon the procurement
 3226  requirements of s. 1002.84(12).
 3227         (2) At least one child care resource and referral agency
 3228  must be established in each early learning coalition’s county or
 3229  multicounty region. The State Board of Education office shall
 3230  adopt rules regarding accessibility of child care resource and
 3231  referral services offered through child care resource and
 3232  referral agencies in each county or multicounty region which
 3233  include, at a minimum, required hours of operation, methods by
 3234  which parents may request services, and child care resource and
 3235  referral staff training requirements.
 3236         (3) Child care resource and referral agencies shall provide
 3237  the following services:
 3238         (a) Identification of existing public and private child
 3239  care and early childhood education services, including child
 3240  care services by public and private employers, and the
 3241  development of a resource file of those services through the
 3242  single statewide information system developed by the department
 3243  office under s. 1002.82(2)(q) s. 1002.82(2)(p). These services
 3244  may include family day care, public and private child care
 3245  programs, the Voluntary Prekindergarten Education Program, Head
 3246  Start, the school readiness program, special education programs
 3247  for prekindergarten children with disabilities, services for
 3248  children with developmental disabilities, full-time and part
 3249  time programs, before-school and after-school programs, vacation
 3250  care programs, parent education, the temporary cash assistance
 3251  program, and related family support services. The resource file
 3252  shall include, but not be limited to:
 3253         1. Type of program.
 3254         2. Hours of service.
 3255         3. Ages of children served.
 3256         4. Number of children served.
 3257         5. Program information.
 3258         6. Fees and eligibility for services.
 3259         7. Availability of transportation.
 3260         Section 57. Subsection (1) of section 1002.93, Florida
 3261  Statutes, is amended to read:
 3262         1002.93 School readiness program transportation services.—
 3263         (1) The department office may authorize an early learning
 3264  coalition to establish school readiness program transportation
 3265  services for children at risk of abuse or neglect who are
 3266  participating in the school readiness program, pursuant to
 3267  chapter 427. The early learning coalitions may contract for the
 3268  provision of transportation services as required by this
 3269  section.
 3270         Section 58. Subsection (2), paragraphs (b) and (c) of
 3271  subsection (3), and subsection (4) of section 1002.94, Florida
 3272  Statutes, are amended to read:
 3273         1002.94 Child Care Executive Partnership Program.—
 3274         (2) The Child Care Executive Partnership, staffed by the
 3275  department office, shall consist of a representative of the
 3276  Executive Office of the Governor and nine members of the
 3277  corporate or child care community, appointed by the Governor.
 3278         (a) Members shall serve for a period of 4 years, except
 3279  that the representative of the Executive Office of the Governor
 3280  shall serve at the pleasure of the Governor.
 3281         (b) The Child Care Executive Partnership shall be chaired
 3282  by a member chosen by a majority vote and shall meet at least
 3283  quarterly and at other times upon the call of the chair. The
 3284  Child Care Executive Partnership may use any method of
 3285  telecommunications to conduct meetings, including establishing a
 3286  quorum through telecommunications, only if the public is given
 3287  proper notice of a telecommunications meeting and reasonable
 3288  access to observe and, when appropriate, participate.
 3289         (c) Members shall serve without compensation, but may be
 3290  reimbursed for per diem and travel expenses in accordance with
 3291  s. 112.061.
 3292         (d) The Child Care Executive Partnership shall have all the
 3293  powers and authority, not explicitly prohibited by law,
 3294  necessary to carry out and effectuate the purposes of this
 3295  section, as well as the functions, duties, and responsibilities
 3296  of the partnership, including, but not limited to, the
 3297  following:
 3298         1. Making recommendations concerning the implementation and
 3299  coordination of the school readiness program.
 3300         2. Soliciting, accepting, receiving, investing, and
 3301  expending funds from public or private sources.
 3302         3. Contracting with public or private entities as
 3303  necessary.
 3304         4. Approving an annual budget.
 3305         5. Providing a report to the Governor, the Speaker of the
 3306  House of Representatives, and the President of the Senate on or
 3307  before December 1 of each year.
 3308  
 3309  Notwithstanding this subsection, the corporate body politic
 3310  previously established by prior law is the corporate body
 3311  politic for purposes of this section and shall continue in
 3312  existence. All member terms of the existing corporate body
 3313  politic expire as of June 30, 2013, and new members shall be
 3314  appointed beginning July 1, 2013, in accordance with this
 3315  subsection.
 3316         (3)
 3317         (b) To ensure a seamless service delivery and ease of
 3318  access for families, the department office shall administer the
 3319  child care purchasing pool funds.
 3320         (c) The department office, in conjunction with the Child
 3321  Care Executive Partnership, shall develop procedures for
 3322  disbursement of funds through the child care purchasing pools.
 3323  In order to be considered for funding, an early learning
 3324  coalition or the department office must commit to:
 3325         1. Matching the state purchasing pool funds on a dollar
 3326  for-dollar basis.
 3327         2. Expending only those public funds that are matched by
 3328  employers, local government, and other matching contributors who
 3329  contribute to the purchasing pool. Parents shall also pay a fee,
 3330  which may not be less than the amount identified in the early
 3331  learning coalition’s school readiness program sliding fee scale.
 3332         (4) The State Board of Education office may adopt any rules
 3333  necessary for the implementation and administration of this
 3334  section.
 3335         Section 59. Section 1002.945, Florida Statutes, is created
 3336  to read:
 3337         1002.945Gold Seal Quality Care Program.—The Gold Seal
 3338  Quality Care Program is established within the department.
 3339         (1)A child care facility, large family child care home, or
 3340  family day care home that is accredited by an accrediting
 3341  association approved by the department under subsection (3) and
 3342  meets all other requirements shall, upon application to the
 3343  department, receive a separate “Gold Seal Quality Care”
 3344  designation.
 3345         (2)The State Board of Education shall adopt rules
 3346  establishing Gold Seal Quality Care accreditation standards
 3347  using nationally recognized accrediting standards as well as
 3348  input from accrediting associations.
 3349         (3)(a)In order to be approved by the department for
 3350  participation in the Gold Seal Quality Care Program, an
 3351  accrediting association must apply to the department and
 3352  demonstrate that it:
 3353         1.Is a recognized accrediting association.
 3354         2.Has accrediting standards that substantially meet or
 3355  exceed the Gold Seal Quality Care standards adopted by the state
 3356  board under subsection (2).
 3357         3.Is a registered corporation with the Department of
 3358  State.
 3359         4.Can provide evidence that the process for accreditation
 3360  has, at a minimum, the following components:
 3361         a.Clearly defined prerequisites that a child care provider
 3362  must meet before beginning the accreditation process;
 3363         b.Procedures for completion of a self-study and a
 3364  comprehensive onsite verification process for each classroom
 3365  that documents compliance with accrediting standards;
 3366         c.A training process for accreditation verifiers to ensure
 3367  inter-rater reliability;
 3368         d.Ongoing compliance procedures to include completion of
 3369  an audit and filing of an annual report with the department;
 3370         e.Accreditation renewal procedures that include onsite
 3371  verification at least every 3 years;
 3372         f.A process for verifying continued accreditation
 3373  compliance in the event of a transfer of ownership of
 3374  facilities;
 3375         g.Procedures for the revocation of accreditation due to
 3376  failure to maintain accrediting standards; and
 3377         h.A process to communicate issues that arise during the
 3378  accreditation period with government entities that have a vested
 3379  interest in the Gold Seal Quality Care Program, including the
 3380  department, the Department of Children and Families, the
 3381  Department of Health, applicable local licensing entities, and
 3382  the early learning coalition.
 3383         (b)Any accrediting association that does not comply with
 3384  the processes and procedures submitted and approved by the
 3385  department must be removed as a recognized accrediting
 3386  association for a period of at least 2 years but no more than 5
 3387  years. If an accrediting association is removed from being an
 3388  approved accrediting association, each child care provider
 3389  accredited by that association has up to 1 year to obtain a new
 3390  accreditation from the remaining department approved
 3391  accreditation associations.
 3392         (4)In order to obtain and maintain a designation as a Gold
 3393  Seal Quality Care provider, a child care facility, large family
 3394  child care home, or family day care home must meet the following
 3395  additional criteria:
 3396         (a)The child care provider may not have had any Class I
 3397  violations, as defined by rule by the Department of Children and
 3398  Families, within the 2 years preceding its application for
 3399  designation as a Gold Seal Quality Care provider. Commission of
 3400  a Class I violation is grounds for termination of the
 3401  designation as a Gold Seal Quality Care provider until the
 3402  provider has not had any Class I violations for a period of 2
 3403  years.
 3404         (b)The child care provider may not have had three or more
 3405  Class II violations, as defined by rule by the Department of
 3406  Children and Families, within the 2 years preceding its
 3407  application for designation as a Gold Seal Quality Care
 3408  provider. Commission of three or more Class II violations within
 3409  a 2-year period is grounds for termination of the designation as
 3410  a Gold Seal Quality Care provider until the provider has not had
 3411  any Class II violations for a period of 1 year.
 3412         (c)The child care provider may not have been cited for the
 3413  same Class III violation, as defined by rule by the Department
 3414  of Children and Families, three or more times and failed to
 3415  correct the violation within 1 year after the date of each
 3416  citation, within the 2 years preceding its application for
 3417  designation as a Gold Seal Quality Care provider. Commission of
 3418  the same Class III violation three or more times and failure to
 3419  correct within the required time during a 2-year period is
 3420  grounds for termination of the designation until the provider
 3421  has not had any Class III violations for a period of 1 year.
 3422         (5)A child care facility licensed under s. 402.305 or a
 3423  child care facility exempt from licensing under s. 402.316 that
 3424  achieves Gold Seal Quality Care status pursuant to this section
 3425  is considered an educational institution for the purpose of
 3426  qualifying for exemption from ad valorem tax under s. 196.198.
 3427         (6)A child care facility licensed under s. 402.305 or a
 3428  child care facility exempt from licensing under s. 402.316 that
 3429  achieves Gold Seal Quality Care status pursuant to this section
 3430  and that participates in the school readiness program must
 3431  receive a minimum of a 20 percent rate differential for each
 3432  enrolled school readiness child by care level and unit of child
 3433  care. The Early Learning Programs Estimating Conference under s.
 3434  216.136(8) may determine a higher rate differential above 20
 3435  percent for a school readiness program that maintains group size
 3436  and teacher-to-child ratios in accordance with its accrediting
 3437  body standards as a function of setting payment rates, but the
 3438  rate differential may not exceed 40 percent for each enrolled
 3439  school readiness child by care level and unit of child care.
 3440         (7)The State Board of Education shall adopt rules under
 3441  ss. 120.536(1) and 120.54 which provide criteria and procedures
 3442  for reviewing and approving accrediting associations for
 3443  participation in the Gold Seal Quality Care Program, and
 3444  conferring and revoking Gold Seal Quality Care provider
 3445  designations.
 3446         Section 60. Section 1002.95, Florida Statutes, is amended
 3447  to read:
 3448         1002.95 Teacher Education and Compensation Helps (TEACH)
 3449  scholarship program.—
 3450         (1) The department office may contract for the
 3451  administration of the Teacher Education and Compensation Helps
 3452  (TEACH) scholarship program, which provides educational
 3453  scholarships to caregivers and administrators of early childhood
 3454  programs, family day care homes, and large family child care
 3455  homes. The goal of the program is to increase the education and
 3456  training for caregivers, increase the compensation for child
 3457  caregivers who complete the program requirements, and reduce the
 3458  rate of participant turnover in the field of early childhood
 3459  education.
 3460         (2) The State Board of Education office shall adopt rules
 3461  as necessary to administer this section.
 3462         Section 61. Subsections (1) and (3) of section 1002.96,
 3463  Florida Statutes, are amended to read:
 3464         1002.96 Early Head Start collaboration grants.—
 3465         (1) Contingent upon specific appropriation, the department
 3466  office shall establish a program to award collaboration grants
 3467  to assist local agencies in securing Early Head Start programs
 3468  through Early Head Start program federal grants. The
 3469  collaboration grants shall provide the required matching funds
 3470  for public and private nonprofit agencies that have been
 3471  approved for Early Head Start program federal grants.
 3472         (3) The State Board of Education office may adopt rules as
 3473  necessary for the award of collaboration grants to competing
 3474  agencies and the administration of the collaboration grants
 3475  program under this section.
 3476         Section 62. Subsection (1) and paragraph (g) of subsection
 3477  (3) of section 1002.97, Florida Statutes, are amended to read:
 3478         1002.97 Records of children in the school readiness
 3479  program.—
 3480         (1) The individual records of children enrolled in the
 3481  school readiness program provided under this part, held by an
 3482  early learning coalition or the department office, are
 3483  confidential and exempt from s. 119.07(1) and s. 24(a), Art. I
 3484  of the State Constitution. For purposes of this section, records
 3485  include assessment data, health data, records of teacher
 3486  observations, and personal identifying information.
 3487         (3) School readiness program records may be released to:
 3488         (g) Parties to an interagency agreement among early
 3489  learning coalitions, local governmental agencies, providers of
 3490  the school readiness program, state agencies, and the department
 3491  office for the purpose of implementing the school readiness
 3492  program.
 3493  
 3494  Agencies, organizations, or individuals that receive school
 3495  readiness program records in order to carry out their official
 3496  functions must protect the data in a manner that does not permit
 3497  the personal identification of a child enrolled in a school
 3498  readiness program and his or her parent by persons other than
 3499  those authorized to receive the records.
 3500         Section 63. Subsections (1) and (3) of section 1002.995,
 3501  Florida Statutes, are amended to read:
 3502         1002.995 Early learning professional development standards
 3503  and career pathways.—
 3504         (1) The department office shall:
 3505         (a) Develop early learning professional development
 3506  training and course standards to be utilized for school
 3507  readiness program providers.
 3508         (b) Identify both formal and informal early learning career
 3509  pathways with stackable credentials and certifications that
 3510  allow early childhood teachers to access specialized
 3511  professional development that:
 3512         1. Strengthens knowledge and teaching practices.
 3513         2. Aligns to established professional standards and core
 3514  competencies.
 3515         3. Provides a progression of attainable, competency-based
 3516  stackable credentials and certifications.
 3517         4. Improves outcomes for children to increase kindergarten
 3518  readiness and early grade success.
 3519         (3) The State Board of Education office shall adopt rules
 3520  to administer this section.
 3521         Section 64. Subsection (3) of section 1003.575, Florida
 3522  Statutes, is amended to read:
 3523         1003.575 Assistive technology devices; findings;
 3524  interagency agreements.—Accessibility, utilization, and
 3525  coordination of appropriate assistive technology devices and
 3526  services are essential as a young person with disabilities moves
 3527  from early intervention to preschool, from preschool to school,
 3528  from one school to another, from school to employment or
 3529  independent living, and from school to home and community. If an
 3530  individual education plan team makes a recommendation in
 3531  accordance with State Board of Education rule for a student with
 3532  a disability, as defined in s. 1003.01(3), to receive an
 3533  assistive technology assessment, that assessment must be
 3534  completed within 60 school days after the team’s recommendation.
 3535  To ensure that an assistive technology device issued to a young
 3536  person as part of his or her individualized family support plan,
 3537  individual support plan, individualized plan for employment, or
 3538  individual education plan remains with the individual through
 3539  such transitions, the following agencies shall enter into
 3540  interagency agreements, as appropriate, to ensure the
 3541  transaction of assistive technology devices:
 3542         (3) The Voluntary Prekindergarten Education Program
 3543  administered by the Department of Education and the Office of
 3544  Early Learning.
 3545  
 3546  Interagency agreements entered into pursuant to this section
 3547  shall provide a framework for ensuring that young persons with
 3548  disabilities and their families, educators, and employers are
 3549  informed about the utilization and coordination of assistive
 3550  technology devices and services that may assist in meeting
 3551  transition needs, and shall establish a mechanism by which a
 3552  young person or his or her parent may request that an assistive
 3553  technology device remain with the young person as he or she
 3554  moves through the continuum from home to school to postschool.
 3555         Section 65. Section 1007.01, Florida Statutes, is amended
 3556  to read:
 3557         1007.01 Articulation; legislative intent; purpose; role of
 3558  the State Board of Education and the Board of Governors;
 3559  Articulation Coordinating Committee.—
 3560         (1) It is the intent of the Legislature to facilitate
 3561  articulation and seamless integration of the K-20 education
 3562  system by building, sustaining, and strengthening relationships
 3563  among Early Learning-20 K-20 public organizations, between
 3564  public and private organizations, and between the education
 3565  system as a whole and Florida’s communities. The purpose of
 3566  building, sustaining, and strengthening these relationships is
 3567  to provide for the efficient and effective progression and
 3568  transfer of students within the education system and to allow
 3569  students to proceed toward their educational objectives as
 3570  rapidly as their circumstances permit. The Legislature further
 3571  intends that articulation policies and budget actions be
 3572  implemented consistently in the practices of the Department of
 3573  Education and postsecondary educational institutions and
 3574  expressed in the collaborative policy efforts of the State Board
 3575  of Education and the Board of Governors.
 3576         (2) To improve and facilitate articulation systemwide, the
 3577  State Board of Education and the Board of Governors shall
 3578  collaboratively establish and adopt policies with input from
 3579  statewide K-20 advisory groups established by the Commissioner
 3580  of Education and the Chancellor of the State University System
 3581  and shall recommend the policies to the Legislature. The
 3582  policies shall relate to:
 3583         (a) The alignment between the exit requirements of one
 3584  education system and the admissions requirements of another
 3585  education system into which students typically transfer.
 3586         (b) The identification of common courses, the level of
 3587  courses, institutional participation in a statewide course
 3588  numbering system, and the transferability of credits among such
 3589  institutions.
 3590         (c) Identification of courses that meet general education
 3591  or common degree program prerequisite requirements at public
 3592  postsecondary educational institutions.
 3593         (d) Dual enrollment course equivalencies.
 3594         (e) Articulation agreements.
 3595         (3) The Commissioner of Education, in consultation with the
 3596  Chancellor of the State University System, shall establish the
 3597  Articulation Coordinating Committee, which shall make
 3598  recommendations related to statewide articulation policies and
 3599  issues regarding access, quality, and reporting of data
 3600  maintained by the education K-20 data warehouse, established
 3601  pursuant to ss. 1001.10 and 1008.31, to the Higher Education
 3602  Coordination Council, the State Board of Education, and the
 3603  Board of Governors. The committee shall consist of two members
 3604  each representing the State University System, the Florida
 3605  College System, public career and technical education, K-12
 3606  education, and nonpublic postsecondary education and one member
 3607  representing students. The chair shall be elected from the
 3608  membership. The Office of K-20 Articulation shall provide
 3609  administrative support for the committee. The committee shall:
 3610         (a) Monitor the alignment between the exit requirements of
 3611  one education system and the admissions requirements of another
 3612  education system into which students typically transfer and make
 3613  recommendations for improvement.
 3614         (b) Propose guidelines for interinstitutional agreements
 3615  between and among public schools, career and technical education
 3616  centers, Florida College System institutions, state
 3617  universities, and nonpublic postsecondary institutions.
 3618         (c) Annually recommend dual enrollment course and high
 3619  school subject area equivalencies for approval by the State
 3620  Board of Education and the Board of Governors.
 3621         (d) Annually review the statewide articulation agreement
 3622  pursuant to s. 1007.23 and make recommendations for revisions.
 3623         (e) Annually review the statewide course numbering system,
 3624  the levels of courses, and the application of transfer credit
 3625  requirements among public and nonpublic institutions
 3626  participating in the statewide course numbering system and
 3627  identify instances of student transfer and admissions
 3628  difficulties.
 3629         (f) Annually publish a list of courses that meet common
 3630  general education and common degree program prerequisite
 3631  requirements at public postsecondary institutions identified
 3632  pursuant to s. 1007.25.
 3633         (g) Foster timely collection and reporting of statewide
 3634  education data to improve the Early Learning-20 K-20 education
 3635  performance accountability system pursuant to ss. 1001.10 and
 3636  1008.31, including, but not limited to, data quality,
 3637  accessibility, and protection of student records.
 3638         (h) Recommend roles and responsibilities of public
 3639  education entities in interfacing with the single, statewide
 3640  computer-assisted student advising system established pursuant
 3641  to s. 1006.735.
 3642         Section 66. Section 1008.2125, Florida Statutes, is created
 3643  to read:
 3644         1008.2125Coordinated screening and progress-monitoring
 3645  program for students in the Voluntary Prekindergarten Education
 3646  Program through grade 3.—
 3647         (1)The primary purpose of the coordinated screening and
 3648  progress-monitoring program for students in the Voluntary
 3649  Prekindergarten Education Program through grade 3 is to provide
 3650  information on students’ progress in mastering the appropriate
 3651  grade-level standards to parents, teachers, and school and
 3652  program administrators. Data must be used by Voluntary
 3653  Prekindergarten Education Program providers and school districts
 3654  to improve instruction, by parents and teachers to guide
 3655  learning objectives and provide timely and appropriate supports
 3656  and interventions to students not meeting grade level
 3657  expectations, and by the public to assess the cost benefit of
 3658  the expenditure of taxpayer dollars. The program shall:
 3659         (a)Assess the progress of students in the Voluntary
 3660  Prekindergarten Education Program through grade 3 in meeting the
 3661  appropriate expectations in early literacy and math skills and
 3662  in English Language Arts and mathematics, as required by ss.
 3663  1002.67(1)(a) and 1003.41.
 3664         (b)Provide data for accountability of the Voluntary
 3665  Prekindergarten Education Program, as required by s. 1002.68.
 3666         (c)Provide baseline data to the department of each
 3667  student’s readiness for kindergarten, which must be based on
 3668  each kindergarten student’s progress-monitoring results within
 3669  the first 30 days of enrollment in accordance with paragraph
 3670  (2)(a).
 3671         (d)Identify the educational strengths and needs of
 3672  students in the Voluntary Prekindergarten Education Program
 3673  through grade 3.
 3674         (e)Provide teachers with progress-monitoring data to
 3675  provide timely interventions and supports pursuant to s.
 3676  1008.25(5).
 3677         (f)Assess how well educational goals and curricular
 3678  standards are met at the provider, school, district, and state
 3679  levels.
 3680         (g)Provide information to aid in the evaluation and
 3681  development of educational programs and policies.
 3682         (2)The Commissioner of Education shall design a statewide,
 3683  standardized screening and progress-monitoring program to assess
 3684  early literacy and mathematics skills and the English Language
 3685  Arts and mathematics standards established in ss. 1002.67(1)(a)
 3686  and 1003.41, respectively. The screening and progress-monitoring
 3687  program must provide interval level and criterion-referenced
 3688  data that measures equivalent levels of growth; be a
 3689  developmentally appropriate, valid, and reliable direct
 3690  assessment; be able to capture data on students who may be
 3691  performing below grade or developmental level; accurately
 3692  measure the core content in the applicable grade level standards
 3693  and document learning gains for the achievement of these
 3694  standards; and provide teachers with progress monitoring
 3695  supports and materials that enhance differentiated instruction
 3696  and parent communication. Participation in the screening and
 3697  progress-monitoring program is mandatory for all students in the
 3698  Voluntary Prekindergarten Education Program and in public
 3699  schools. The coordinated screening and progress-monitoring
 3700  program must be implemented beginning in the 2021-2022 school
 3701  year, as follows:
 3702         (a)The Voluntary Prekindergarten Education Program through
 3703  grade 3 screening and progress-monitoring program must be
 3704  administered within the first 30 days after enrollment, midyear,
 3705  and within the last 30 days of the program or school year, in
 3706  accordance with the rules adopted by the State Board of
 3707  Education. The State Board of Education may adopt alternate
 3708  timeframes to address nontraditional school year calendars or
 3709  summer programs to ensure that of the Voluntary Prekindergarten
 3710  Education Program through grade 3 screening and progress
 3711  monitoring is administered at least 3 times within a year or the
 3712  duration of a program.
 3713         (b)The results of the Voluntary Prekindergarten Education
 3714  Program through grade 3 screening and progress-monitoring
 3715  program must be reported to the department in accordance with
 3716  rule of the State Board of Education, and maintained in the
 3717  department’s Education Data Warehouse.
 3718         (3)The Commissioner of Education shall:
 3719         (a)Develop a plan, in coordination with the Council for
 3720  Early Grade Success, for implementing the Voluntary
 3721  Prekindergarten Education Program through grade 3 screening and
 3722  progress-monitoring program in consideration of the timelines
 3723  required for the completion of the review of the Next Generation
 3724  Sunshine State Standards and the Voluntary Prekindergarten
 3725  Education Program standards.
 3726         (b)Include a request for funding in the agency’s 2021-2022
 3727  legislative budget request, and each succeeding budget request,
 3728  for procurement and the provision of training to Voluntary
 3729  Prekindergarten Education Program providers, early learning
 3730  coalitions, and school districts.
 3731         (c)Provide any requested data, reports, and information to
 3732  the Council for Early Grade Success.
 3733         (4)The Council for Early Grade Success, a council as
 3734  defined in s. 20.03, is created within the Department of
 3735  Education to oversee the coordinated screening and progress
 3736  monitoring program and, except as otherwise provided in this
 3737  section, shall operate consistent with s. 20.052.
 3738         (a)The council shall review the implementation of,
 3739  training for, and outcomes from the coordinated screening and
 3740  progress-monitoring program to provide recommendations to the
 3741  department that support the state’s grade 3 students in reading
 3742  at or above grade level. At a minimum, the council shall:
 3743         1.Provide recommendations on the implementation of the
 3744  coordinated screening and progress-monitoring program, including
 3745  reviewing any procurement solicitation documents and criteria
 3746  prior to being published.
 3747         2.Develop training plans and timelines.
 3748         3.Identify appropriate personnel, processes, and
 3749  procedures required for the administration of the coordinated
 3750  screening and progress-monitoring program.
 3751         4.Provide input on the methodology for calculating a
 3752  provider’s or school’s performance metric and the grading system
 3753  pursuant to s. 1002.67.
 3754         5.Work with the department to identify a methodology for
 3755  determining a child’s kindergarten readiness.
 3756         6.Review data on age-appropriate learning gains by grade
 3757  level that a student would need to attain in order to
 3758  demonstrate proficiency in reading by grade 3.
 3759         7.Continually review anonymized data from the results of
 3760  the coordinated screening and progress-monitoring program for
 3761  students in the Voluntary Prekindergarten Education Program
 3762  through grade 3 to help inform recommendations to the department
 3763  that support practices that will enable grade 3 students to read
 3764  at or above grade level.
 3765         (b)The council shall be composed of 15 members, all of
 3766  whom must be residents of the state, appointed as follows:
 3767         1.One representative of the Department of Education and
 3768  one parent of a child who is within the range of 4 to 9 years of
 3769  age, both appointed by the Governor.
 3770         2.Thirteen members jointly appointed by the President of
 3771  the Senate and the Speaker of the House of Representatives, as
 3772  follows:
 3773         a.One representative of an urban school district.
 3774         b.One representative of a rural school district.
 3775         c.One representative of an urban early learning coalition.
 3776         d.One representative of a rural early learning coalition.
 3777         e.One representative of an early learning provider.
 3778         f.One representative of a faith-based early learning
 3779  provider.
 3780         g.One representative who is a kindergarten teacher who has
 3781  at least 5 years of teaching experience.
 3782         h.One representative who is a grade 2 teacher who has at
 3783  least 5 years of teaching experience.
 3784         i.One representative who is a school principal.
 3785         j.Four representatives with subject matter expertise in
 3786  early learning, early grade success, or child assessments, none
 3787  of whom may be a direct stakeholder within the 67 early learning
 3788  or public school systems or a potential recipient of a contract
 3789  negotiated at the recommendation of the council.
 3790         (5)The council shall elect a chair and a vice chair. The
 3791  chair must be one of the four members with subject matter
 3792  expertise in early learning, early grade success, or child
 3793  assessments. The vice chair must be a member appointed by the
 3794  President of the Senate and the Speaker of the House of
 3795  Representatives who is not one of the four members who are
 3796  subject matter experts in early learning, early grade success,
 3797  or child assessments. Members of the council shall serve without
 3798  compensation but are entitled to reimbursement for per diem and
 3799  travel expenses pursuant to s. 112.061.
 3800         (6)The council must meet at least biannually and may meet
 3801  by teleconference or other electronic means, as possible, to
 3802  reduce costs.
 3803         (7)A majority of the members constitutes a quorum.
 3804         Section 67. Paragraphs (b) and (c) of subsection (5) of
 3805  section 1008.25, Florida Statutes, are redesignated as
 3806  paragraphs (c) and (d), respectively, paragraph (b) of
 3807  subsection (6), subsection (7), and paragraph (a) of subsection
 3808  (8) are amended, and a new paragraph (b) is added to subsection
 3809  (5) of that section, to read:
 3810         1008.25 Public school student progression; student support;
 3811  reporting requirements.—
 3812         (5) READING DEFICIENCY AND PARENTAL NOTIFICATION.—
 3813         (b)Any Voluntary Prekindergarten Education Program student
 3814  who exhibits a substantial deficiency in early literacy in
 3815  accordance with the standards under s. 1002.67(1)(a) and based
 3816  upon the results of the administration of the final progress
 3817  monitoring screening in s. 1008.2125 must be referred to the
 3818  local school district and may be eligible to receive intensive
 3819  reading interventions before participating in kindergarten. The
 3820  intensive reading interventions may be paid for using funds from
 3821  the district’s research-based reading instruction allocation in
 3822  accordance with s. 1011.62(9).
 3823         (6) ELIMINATION OF SOCIAL PROMOTION.—
 3824         (b) The district school board may only exempt students from
 3825  mandatory retention, as provided in paragraph (5)(c) paragraph
 3826  (5)(b), for good cause. A student who is promoted to grade 4
 3827  with a good cause exemption shall be provided intensive reading
 3828  instruction and intervention that include specialized diagnostic
 3829  information and specific reading strategies to meet the needs of
 3830  each student so promoted. The school district shall assist
 3831  schools and teachers with the implementation of explicit,
 3832  systematic, and multisensory reading instruction and
 3833  intervention strategies for students promoted with a good cause
 3834  exemption which research has shown to be successful in improving
 3835  reading among students who have reading difficulties. Good cause
 3836  exemptions are limited to the following:
 3837         1. Limited English proficient students who have had less
 3838  than 2 years of instruction in an English for Speakers of Other
 3839  Languages program based on the initial date of entry into a
 3840  school in the United States.
 3841         2. Students with disabilities whose individual education
 3842  plan indicates that participation in the statewide assessment
 3843  program is not appropriate, consistent with the requirements of
 3844  s. 1008.212.
 3845         3. Students who demonstrate an acceptable level of
 3846  performance on an alternative standardized reading or English
 3847  Language Arts assessment approved by the State Board of
 3848  Education.
 3849         4. A student who demonstrates through a student portfolio
 3850  that he or she is performing at least at Level 2 on the
 3851  statewide, standardized English Language Arts assessment.
 3852         5. Students with disabilities who take the statewide,
 3853  standardized English Language Arts assessment and who have an
 3854  individual education plan or a Section 504 plan that reflects
 3855  that the student has received intensive instruction in reading
 3856  or English Language Arts for more than 2 years but still
 3857  demonstrates a deficiency and was previously retained in
 3858  kindergarten, grade 1, grade 2, or grade 3.
 3859         6. Students who have received intensive reading
 3860  intervention for 2 or more years but still demonstrate a
 3861  deficiency in reading and who were previously retained in
 3862  kindergarten, grade 1, grade 2, or grade 3 for a total of 2
 3863  years. A student may not be retained more than once in grade 3.
 3864         (7) SUCCESSFUL PROGRESSION FOR RETAINED THIRD GRADE
 3865  STUDENTS.—
 3866         (a) Students retained under paragraph (5)(c) paragraph
 3867  (5)(b) must be provided intensive interventions in reading to
 3868  ameliorate the student’s specific reading deficiency and prepare
 3869  the student for promotion to the next grade. These interventions
 3870  must include:
 3871         1. Evidence-based, explicit, systematic, and multisensory
 3872  reading instruction in phonemic awareness, phonics, fluency,
 3873  vocabulary, and comprehension and other strategies prescribed by
 3874  the school district.
 3875         2. Participation in the school district’s summer reading
 3876  camp, which must incorporate the instructional and intervention
 3877  strategies under subparagraph 1.
 3878         3. A minimum of 90 minutes of daily, uninterrupted reading
 3879  instruction incorporating the instructional and intervention
 3880  strategies under subparagraph 1. This instruction may include:
 3881         a. Integration of content-rich texts in science and social
 3882  studies within the 90-minute block.
 3883         b. Small group instruction.
 3884         c. Reduced teacher-student ratios.
 3885         d. More frequent progress monitoring.
 3886         e. Tutoring or mentoring.
 3887         f. Transition classes containing 3rd and 4th grade
 3888  students.
 3889         g. Extended school day, week, or year.
 3890         (b) Each school district shall:
 3891         1. Provide written notification to the parent of a student
 3892  who is retained under paragraph (5)(c) paragraph (5)(b) that his
 3893  or her child has not met the proficiency level required for
 3894  promotion and the reasons the child is not eligible for a good
 3895  cause exemption as provided in paragraph (6)(b). The
 3896  notification must comply with paragraph (5)(d) paragraph (5)(c)
 3897  and must include a description of proposed interventions and
 3898  supports that will be provided to the child to remediate the
 3899  identified areas of reading deficiency.
 3900         2. Implement a policy for the midyear promotion of a
 3901  student retained under paragraph (5)(c) paragraph (5)(b) who can
 3902  demonstrate that he or she is a successful and independent
 3903  reader and performing at or above grade level in reading or,
 3904  upon implementation of English Language Arts assessments,
 3905  performing at or above grade level in English Language Arts.
 3906  Tools that school districts may use in reevaluating a student
 3907  retained may include subsequent assessments, alternative
 3908  assessments, and portfolio reviews, in accordance with rules of
 3909  the State Board of Education. Students promoted during the
 3910  school year after November 1 must demonstrate proficiency levels
 3911  in reading equivalent to the level necessary for the beginning
 3912  of grade 4. The rules adopted by the State Board of Education
 3913  must include standards that provide a reasonable expectation
 3914  that the student’s progress is sufficient to master appropriate
 3915  grade 4 level reading skills.
 3916         3. Provide students who are retained under paragraph (5)(c)
 3917  paragraph (5)(b), including students participating in the school
 3918  district’s summer reading camp under subparagraph (a)2., with a
 3919  highly effective teacher as determined by the teacher’s
 3920  performance evaluation under s. 1012.34, and, beginning July 1,
 3921  2020, the teacher must also be certified or endorsed in reading.
 3922         4. Establish at each school, when applicable, an intensive
 3923  reading acceleration course for any student retained in grade 3
 3924  who was previously retained in kindergarten, grade 1, or grade
 3925  2. The intensive reading acceleration course must provide the
 3926  following:
 3927         a. Uninterrupted reading instruction for the majority of
 3928  student contact time each day and opportunities to master the
 3929  grade 4 Next Generation Sunshine State Standards in other core
 3930  subject areas through content-rich texts.
 3931         b. Small group instruction.
 3932         c. Reduced teacher-student ratios.
 3933         d. The use of explicit, systematic, and multisensory
 3934  reading interventions, including intensive language, phonics,
 3935  and vocabulary instruction, and use of a speech-language
 3936  therapist if necessary, that have proven results in accelerating
 3937  student reading achievement within the same school year.
 3938         e. A read-at-home plan.
 3939         (8) ANNUAL REPORT.—
 3940         (a) In addition to the requirements in paragraph (5)(c)
 3941  paragraph (5)(b), each district school board must annually
 3942  report to the parent of each student the progress of the student
 3943  toward achieving state and district expectations for proficiency
 3944  in English Language Arts, science, social studies, and
 3945  mathematics. The district school board must report to the parent
 3946  the student’s results on each statewide, standardized
 3947  assessment. The evaluation of each student’s progress must be
 3948  based upon the student’s classroom work, observations, tests,
 3949  district and state assessments, response to intensive
 3950  interventions provided under paragraph (5)(a), and other
 3951  relevant information. Progress reporting must be provided to the
 3952  parent in writing in a format adopted by the district school
 3953  board.
 3954         Section 68. Section 1008.31, Florida Statutes, is amended
 3955  to read:
 3956         1008.31 Florida’s Early Learning-20 K-20 education
 3957  performance accountability system; legislative intent; mission,
 3958  goals, and systemwide measures; data quality improvements.—
 3959         (1) LEGISLATIVE INTENT.—It is the intent of the Legislature
 3960  that:
 3961         (a) The performance accountability system implemented to
 3962  assess the effectiveness of Florida’s seamless Early Learning-20
 3963  K-20 education delivery system provide answers to the following
 3964  questions in relation to its mission and goals:
 3965         1. What is the public receiving in return for funds it
 3966  invests in education?
 3967         2. How effectively is Florida’s Early Learning-20 K-20
 3968  education system educating its students?
 3969         3. How effectively are the major delivery sectors promoting
 3970  student achievement?
 3971         4. How are individual schools and postsecondary education
 3972  institutions performing their responsibility to educate their
 3973  students as measured by how students are performing and how much
 3974  they are learning?
 3975         (b) The Early Learning-20 K-20 education performance
 3976  accountability system be established as a single, unified
 3977  accountability system with multiple components, including, but
 3978  not limited to, student performance in public schools and school
 3979  and district grades.
 3980         (c) The Early Learning-20 K-20 education performance
 3981  accountability system comply with the requirements of the “No
 3982  Child Left Behind Act of 2001,” Pub. L. No. 107-110, and the
 3983  Individuals with Disabilities Education Act (IDEA).
 3984         (d)The early learning accountability system comply with
 3985  the requirements of Part V and Part VI of chapter 1002 and the
 3986  requirements of the Child Care and Development Block Grant Trust
 3987  Fund, pursuant to 45 C.F.R. parts 98 and 99.
 3988         (e)(d) The State Board of Education and the Board of
 3989  Governors of the State University System recommend to the
 3990  Legislature systemwide performance standards; the Legislature
 3991  establish systemwide performance measures and standards; and the
 3992  systemwide measures and standards provide Floridians with
 3993  information on what the public is receiving in return for the
 3994  funds it invests in education and how well the Early Learning-20
 3995  K-20 system educates its students.
 3996         (f)1.(e)1. The State Board of Education establish
 3997  performance measures and set performance standards for
 3998  individual public schools and Florida College System
 3999  institutions, with measures and standards based primarily on
 4000  student achievement.
 4001         2. The Board of Governors of the State University System
 4002  establish performance measures and set performance standards for
 4003  individual state universities, including actual completion
 4004  rates.
 4005         (2) MISSION, GOALS, AND SYSTEMWIDE MEASURES.—
 4006         (a) The mission of Florida’s Early Learning-20 K-20
 4007  education system shall be to increase the proficiency of all
 4008  students within one seamless, efficient system, by allowing them
 4009  the opportunity to expand their knowledge and skills through
 4010  learning opportunities and research valued by students, parents,
 4011  and communities.
 4012         (b) The process for establishing state and sector-specific
 4013  standards and measures must be:
 4014         1. Focused on student success.
 4015         2. Addressable through policy and program changes.
 4016         3. Efficient and of high quality.
 4017         4. Measurable over time.
 4018         5. Simple to explain and display to the public.
 4019         6. Aligned with other measures and other sectors to support
 4020  a coordinated Early Learning-20 K-20 education system.
 4021         (c) The Department of Education shall maintain an
 4022  accountability system that measures student progress toward the
 4023  following goals:
 4024         1. Highest student achievement, as indicated by evidence of
 4025  student learning gains at all levels.
 4026         2. Seamless articulation and maximum access, as measured by
 4027  evidence of progression, readiness, and access by targeted
 4028  groups of students identified by the Commissioner of Education.
 4029         3. Skilled workforce and economic development, as measured
 4030  by evidence of employment and earnings.
 4031         4. Quality efficient services, as measured by evidence of
 4032  return on investment.
 4033         5. Other goals as identified by law or rule.
 4034         (3) K-20 EDUCATION DATA QUALITY IMPROVEMENTS.—To provide
 4035  data required to implement education performance accountability
 4036  measures in state and federal law, the Commissioner of Education
 4037  shall initiate and maintain strategies to improve data quality
 4038  and timeliness. The Board of Governors shall make available to
 4039  the department all data within the State University Database
 4040  System to be integrated into the education K-20 data warehouse.
 4041  The commissioner shall have unlimited access to such data for
 4042  the purposes of conducting studies, reporting annual and
 4043  longitudinal student outcomes, and improving college readiness
 4044  and articulation. All public educational institutions shall
 4045  annually provide data from the prior year to the education K-20
 4046  data warehouse in a format based on data elements identified by
 4047  the commissioner.
 4048         (a) School districts and public postsecondary educational
 4049  institutions shall maintain information systems that will
 4050  provide the State Board of Education, the Board of Governors of
 4051  the State University System, and the Legislature with
 4052  information and reports necessary to address the specifications
 4053  of the accountability system. The level of comprehensiveness and
 4054  quality must be no less than that which was available as of June
 4055  30, 2001.
 4056         (b) Colleges and universities eligible to participate in
 4057  the William L. Boyd, IV, Effective Access to Student Education
 4058  Grant Program shall annually report student-level data from the
 4059  prior year for each student who receives state funds in a format
 4060  prescribed by the Department of Education. At a minimum, data
 4061  from the prior year must include retention rates, transfer
 4062  rates, completion rates, graduation rates, employment and
 4063  placement rates, and earnings of graduates. By October 1 of each
 4064  year, the colleges and universities described in this paragraph
 4065  shall report the data to the department.
 4066         (c) The Commissioner of Education shall determine the
 4067  standards for the required data, monitor data quality, and
 4068  measure improvements. The commissioner shall report annually to
 4069  the State Board of Education, the Board of Governors of the
 4070  State University System, the President of the Senate, and the
 4071  Speaker of the House of Representatives data quality indicators
 4072  and ratings for all school districts and public postsecondary
 4073  educational institutions.
 4074         (d) Before establishing any new reporting or data
 4075  collection requirements, the commissioner shall use existing
 4076  data being collected to reduce duplication and minimize
 4077  paperwork.
 4078         (4) RULES.—The State Board of Education shall adopt rules
 4079  pursuant to ss. 120.536(1) and 120.54 to implement the
 4080  provisions of this section relating to the education K-20 data
 4081  warehouse.
 4082         Section 69. Section 1008.32, Florida Statutes, is amended
 4083  to read:
 4084         1008.32 State Board of Education oversight enforcement
 4085  authority.—The State Board of Education shall oversee the
 4086  performance of early learning coalitions, district school
 4087  boards, and Florida College System institution boards of
 4088  trustees in enforcement of all laws and rules. District school
 4089  boards and Florida College System institution boards of trustees
 4090  shall be primarily responsible for compliance with law and state
 4091  board rule.
 4092         (1) In order to ensure compliance with law or state board
 4093  rule, the State Board of Education shall have the authority to
 4094  request and receive information, data, and reports from early
 4095  learning coalitions, school districts, and Florida College
 4096  System institutions. Early Learning Coalition chief executive
 4097  officers or executive directors, district school
 4098  superintendents, and Florida College System institution
 4099  presidents are responsible for the accuracy of the information
 4100  and data reported to the state board.
 4101         (2)(a) The Commissioner of Education may investigate
 4102  allegations of noncompliance with law or state board rule and
 4103  determine probable cause. The commissioner shall report
 4104  determinations of probable cause to the State Board of Education
 4105  which shall require the early learning coalition, district
 4106  school board, or Florida College System institution board of
 4107  trustees to document compliance with law or state board rule.
 4108         (b) The Commissioner of Education shall report to the State
 4109  Board of Education any findings by the Auditor General that an
 4110  early learning coalition, a district school board, or a Florida
 4111  College System institution is acting without statutory authority
 4112  or contrary to general law. The State Board of Education shall
 4113  require the early learning coalition, district school board, or
 4114  Florida College System institution board of trustees to document
 4115  compliance with such law.
 4116         (3) If the early learning coalition, district school board,
 4117  or Florida College System institution board of trustees cannot
 4118  satisfactorily document compliance, the State Board of Education
 4119  may order compliance within a specified timeframe.
 4120         (4) If the State Board of Education determines that an
 4121  early learning coalition, a district school board, or a Florida
 4122  College System institution board of trustees is unwilling or
 4123  unable to comply with law or state board rule within the
 4124  specified time, the state board shall have the authority to
 4125  initiate any of the following actions:
 4126         (a) Report to the Legislature that the early learning
 4127  coalition, school district, or Florida College System
 4128  institution is unwilling or unable to comply with law or state
 4129  board rule and recommend action to be taken by the Legislature.
 4130         (b) Withhold the transfer of state funds, discretionary
 4131  grant funds, discretionary lottery funds, or any other funds
 4132  specified as eligible for this purpose by the Legislature until
 4133  the early learning coalition, school district, or Florida
 4134  College System institution complies with the law or state board
 4135  rule.
 4136         (c) Declare the early learning coalition, school district,
 4137  or Florida College System institution ineligible for competitive
 4138  grants.
 4139         (d) Require monthly or periodic reporting on the situation
 4140  related to noncompliance until it is remedied.
 4141         (5) Nothing in this section shall be construed to create a
 4142  private cause of action or create any rights for individuals or
 4143  entities in addition to those provided elsewhere in law or rule.
 4144         Section 70. Paragraph (a) of subsection (3) of section
 4145  1008.33, Florida Statutes, is amended to read:
 4146         1008.33 Authority to enforce public school improvement.—
 4147         (3)(a) The academic performance of all students has a
 4148  significant effect on the state school system. Pursuant to Art.
 4149  IX of the State Constitution, which prescribes the duty of the
 4150  State Board of Education to supervise Florida’s public school
 4151  system, the state board shall equitably enforce the
 4152  accountability requirements of the state school system and may
 4153  impose state requirements on school districts in order to
 4154  improve the academic performance of all districts, schools, and
 4155  students based upon the provisions of the Florida Early
 4156  Learning-20 K-20 Education Code, chapters 1000-1013; the federal
 4157  ESEA and its implementing regulations; and the ESEA flexibility
 4158  waiver approved for Florida by the United States Secretary of
 4159  Education.
 4160         Section 71. Subsection (9) of section 1011.62, Florida
 4161  Statutes, is amended to read:
 4162         1011.62 Funds for operation of schools.—If the annual
 4163  allocation from the Florida Education Finance Program to each
 4164  district for operation of schools is not determined in the
 4165  annual appropriations act or the substantive bill implementing
 4166  the annual appropriations act, it shall be determined as
 4167  follows:
 4168         (9) RESEARCH-BASED READING INSTRUCTION ALLOCATION.—
 4169         (a) The research-based reading instruction allocation is
 4170  created to provide comprehensive reading instruction to students
 4171  in kindergarten through grade 12, including certain students who
 4172  exhibit a substantial deficiency in early literacy and completed
 4173  the Voluntary Prekindergarten Education Program pursuant to s.
 4174  1008.25(5)(b). Each school district that has one or more of the
 4175  300 lowest-performing elementary schools based on a 3-year
 4176  average of the state reading assessment data must use the
 4177  school’s portion of the allocation to provide an additional hour
 4178  per day of intensive reading instruction for the students in
 4179  each school. The additional hour may be provided within the
 4180  school day. Students enrolled in these schools who earned a
 4181  level 4 or level 5 score on the statewide, standardized English
 4182  Language Arts assessment for the previous school year may
 4183  participate in the additional hour of instruction. Exceptional
 4184  student education centers may not be included in the 300
 4185  schools. The intensive reading instruction delivered in this
 4186  additional hour shall include: research-based reading
 4187  instruction that has been proven to accelerate progress of
 4188  students exhibiting a reading deficiency; differentiated
 4189  instruction based on screening, diagnostic, progress monitoring,
 4190  or student assessment data to meet students’ specific reading
 4191  needs; explicit and systematic reading strategies to develop
 4192  phonemic awareness, phonics, fluency, vocabulary, and
 4193  comprehension, with more extensive opportunities for guided
 4194  practice, error correction, and feedback; and the integration of
 4195  social studies, science, and mathematics-text reading, text
 4196  discussion, and writing in response to reading.
 4197         (b) Funds for comprehensive, research-based reading
 4198  instruction shall be allocated annually to each school district
 4199  in the amount provided in the General Appropriations Act. Each
 4200  eligible school district shall receive the same minimum amount
 4201  as specified in the General Appropriations Act, and any
 4202  remaining funds shall be distributed to eligible school
 4203  districts based on each school district’s proportionate share of
 4204  K-12 base funding.
 4205         (c) Funds allocated under this subsection must be used to
 4206  provide a system of comprehensive reading instruction to
 4207  students enrolled in the K-12 programs and certain students who
 4208  exhibit a substantial deficiency in early literacy and completed
 4209  the Voluntary Prekindergarten Education Program pursuant to s.
 4210  1008.25(5)(b). The system, which may include the following:
 4211         1. An additional hour per day of intensive reading
 4212  instruction to students in the 300 lowest-performing elementary
 4213  schools by teachers and reading specialists who have
 4214  demonstrated effectiveness in teaching reading as required in
 4215  paragraph (a).
 4216         2. Kindergarten through grade 5 reading intervention
 4217  teachers to provide intensive intervention during the school day
 4218  and in the required extra hour for students identified as having
 4219  a reading deficiency.
 4220         3. Highly qualified reading coaches to specifically support
 4221  teachers in making instructional decisions based on student
 4222  data, and improve teacher delivery of effective reading
 4223  instruction, intervention, and reading in the content areas
 4224  based on student need.
 4225         4. Professional development for school district teachers in
 4226  scientifically based reading instruction, including strategies
 4227  to teach reading in content areas and with an emphasis on
 4228  technical and informational text, to help school district
 4229  teachers earn a certification or an endorsement in reading.
 4230         5. Summer reading camps, using only teachers or other
 4231  district personnel who are certified or endorsed in reading
 4232  consistent with s. 1008.25(7)(b)3., for all students in
 4233  kindergarten through grade 2 who demonstrate a reading
 4234  deficiency as determined by district and state assessments;, and
 4235  students in grades 3 through 5 who score at Level 1 on the
 4236  statewide, standardized English Language Arts assessment; and
 4237  certain students who exhibit a substantial deficiency in early
 4238  literacy and completed the Voluntary Prekindergarten Education
 4239  Program pursuant to s. 1008.25(5)(b).
 4240         6. Supplemental instructional materials that are grounded
 4241  in scientifically based reading research as identified by the
 4242  Just Read, Florida! Office pursuant to s. 1001.215(8).
 4243         7. Intensive interventions for students in kindergarten
 4244  through grade 12 who have been identified as having a reading
 4245  deficiency or who are reading below grade level as determined by
 4246  the statewide, standardized English Language Arts assessment or
 4247  for certain students who exhibit a substantial deficiency in
 4248  early literacy and completed the Voluntary Prekindergarten
 4249  Education Program pursuant to s. 1008.25(5)(b).
 4250         (d)1. Annually, by a date determined by the Department of
 4251  Education but before May 1, school districts shall submit a K-12
 4252  comprehensive reading plan for the specific use of the research
 4253  based reading instruction allocation in the format prescribed by
 4254  the department for review and approval by the Just Read,
 4255  Florida! Office created pursuant to s. 1001.215. The plan
 4256  annually submitted by school districts shall be deemed approved
 4257  unless the department rejects the plan on or before June 1. If a
 4258  school district and the Just Read, Florida! Office cannot reach
 4259  agreement on the contents of the plan, the school district may
 4260  appeal to the State Board of Education for resolution. School
 4261  districts shall be allowed reasonable flexibility in designing
 4262  their plans and shall be encouraged to offer reading
 4263  intervention through innovative methods, including career
 4264  academies. The plan format shall be developed with input from
 4265  school district personnel, including teachers and principals,
 4266  and shall provide for intensive reading interventions through
 4267  integrated curricula, provided that, beginning with the 2020
 4268  2021 school year, the interventions are delivered by a teacher
 4269  who is certified or endorsed in reading. Such interventions must
 4270  incorporate strategies identified by the Just Read, Florida!
 4271  Office pursuant to s. 1001.215(8). No later than July 1
 4272  annually, the department shall release the school district’s
 4273  allocation of appropriated funds to those districts having
 4274  approved plans. A school district that spends 100 percent of
 4275  this allocation on its approved plan shall be deemed to have
 4276  been in compliance with the plan. The department may withhold
 4277  funds upon a determination that reading instruction allocation
 4278  funds are not being used to implement the approved plan. The
 4279  department shall monitor and track the implementation of each
 4280  district plan, including conducting site visits and collecting
 4281  specific data on expenditures and reading improvement results.
 4282  By February 1 of each year, the department shall report its
 4283  findings to the Legislature.
 4284         2. Each school district that has a school designated as one
 4285  of the 300 lowest-performing elementary schools as specified in
 4286  paragraph (a) shall specifically delineate in the comprehensive
 4287  reading plan, or in an addendum to the comprehensive reading
 4288  plan, the implementation design and reading intervention
 4289  strategies that will be used for the required additional hour of
 4290  reading instruction. The term “reading intervention” includes
 4291  evidence-based strategies frequently used to remediate reading
 4292  deficiencies and also includes individual instruction, tutoring,
 4293  mentoring, or the use of technology that targets specific
 4294  reading skills and abilities.
 4295         Section 72. Paragraph (b) of subsection (1) of section
 4296  1002.22, Florida Statutes, is amended to read:
 4297         1002.22 Education records and reports of K-12 students;
 4298  rights of parents and students; notification; penalty.—
 4299         (1) DEFINITIONS.—As used in this section, the term:
 4300         (b) “Institution” means any public school, center,
 4301  institution, or other entity that is part of Florida’s education
 4302  system under s. 1000.04(2), (4), and (5) s. 1000.04(1), (3), and
 4303  (4).
 4304         Section 73. Paragraph (b) of subsection (5) of section
 4305  1002.53, Florida Statutes, is amended to read:
 4306         1002.53 Voluntary Prekindergarten Education Program;
 4307  eligibility and enrollment.—
 4308         (5) The early learning coalition shall provide each parent
 4309  enrolling a child in the Voluntary Prekindergarten Education
 4310  Program with a profile of every private prekindergarten provider
 4311  and public school delivering the program within the county where
 4312  the child is being enrolled. The profiles shall be provided to
 4313  parents in a format prescribed by the Office of Early Learning.
 4314  The profiles must include, at a minimum, the following
 4315  information about each provider and school:
 4316         (b) The provider’s or school’s kindergarten readiness rate
 4317  calculated in accordance with s. 1002.69, based upon the most
 4318  recent available results of the statewide kindergarten
 4319  screening.
 4320         Section 74. This act shall take effect July 1, 2020.

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