Bill Text: FL S1688 | 2020 | Regular Session | Introduced
Bill Title: Early Learning and Early Grade Success
Spectrum: Partisan Bill (Republican 1-0)
Status: (Failed) 2020-03-14 - Died in Appropriations [S1688 Detail]
Download: Florida-2020-S1688-Introduced.html
Florida Senate - 2020 SB 1688 By Senator Harrell 25-01577A-20 20201688__ 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; requiring the state 145 board to adopt rules for merging early learning 146 coalitions; amending s. 1002.83, F.S.; authorizing up 147 to 30 early learning coalitions rather than 31; 148 amending s. 1002.84, F.S.; revising early learning 149 coalition powers and duties; revising requirements for 150 the waiver of specified copayments; deleting a 151 provision relating to certain payment schedules; 152 revising requirements relating to certain contracts; 153 amending s. 1002.85, F.S.; conforming provisions to 154 changes made by the act; amending s. 1002.88, F.S.; 155 authorizing certain child development programs 156 operating on military installations to participate in 157 the school readiness program; revising requirements to 158 deliver services for the program; providing that a 159 specified annual inspection for child development 160 programs operating on military installations meets 161 certain provider requirements; providing a process for 162 child development programs operating on military 163 installations to meet certain liability requirements; 164 amending ss. 1002.89, 1002.895, 1002.91, 1002.92, 165 1002.93, and 1002.94, F.S.; conforming provisions and 166 cross-references to changes made by the act; creating 167 s. 1002.945, F.S.; establishing the Gold Seal Quality 168 Care Program within the department; providing for the 169 award of a Gold Seal Quality Care designation by 170 specified accrediting associations; requiring the 171 state board to adopt standards for the award of such 172 designation; providing accrediting association 173 requirements; providing requirements for maintaining 174 such designation; providing for an exemption from 175 certain taxes for qualifying providers; providing for 176 certain child care facilities to receive a specified 177 rate differential; authorizing the Early Learning 178 Programs Estimating Conference to determine certain 179 rate differentials for certain school readiness 180 programs; requiring the state board to adopt rules; 181 amending ss. 1002.95, 1002.96, 1002.97, 1002.995, 182 1003.575, and 1007.01, F.S.; conforming provisions to 183 changes made by the act; creating s. 1008.2125, F.S.; 184 creating the coordinated screening and progress 185 monitoring program within the department for specified 186 purposes; requiring the Commissioner of Education to 187 design the program; providing requirements for the 188 administration of the program beginning in a specified 189 school year; requiring results of the program to be 190 reported to and maintained by the department; 191 providing duties for the commissioner; creating the 192 Council for Early Grade Success; providing duties of 193 the council; providing membership of the council; 194 requiring the council to elect a chair and a vice 195 chair; providing for per diem for members of the 196 council; providing meeting requirements for the 197 council; providing for a quorum of the council; 198 amending s. 1008.25, F.S.; authorizing certain 199 students enrolled in the Voluntary Prekindergarten 200 Education Program to receive intensive reading 201 interventions using specified funds; amending ss. 202 1008.31, 1008.32, and 1008.33, F.S.; conforming 203 provisions to changes made by the act; amending s. 204 1011.62, F.S.; revising the research-based reading 205 instruction allocation to authorize the use of such 206 funds for certain intensive reading interventions for 207 students enrolled in the Voluntary Prekindergarten 208 Education Program; amending ss. 1002.22 and 1002.53, 209 F.S.; conforming cross-references; providing an 210 effective date. 211 212 Be It Enacted by the Legislature of the State of Florida: 213 214 Section 1. Paragraphs (a) and (d) of subsection (1) of 215 section 20.055, Florida Statutes, are amended to read: 216 20.055 Agency inspectors general.— 217 (1) As used in this section, the term: 218 (a) “Agency head” means the Governor, a Cabinet officer, or 219 a secretary or executive director as those terms are defined in 220 s. 20.03, the chair of the Public Service Commission, the 221 Director of the Office of Insurance Regulation of the Financial 222 Services Commission, the Director of the Office of Financial 223 Regulation of the Financial Services Commission, the board of 224 directors of the Florida Housing Finance Corporation,the225executive director of the Office of Early Learning,and the 226 Chief Justice of the State Supreme Court. 227 (d) “State agency” means each department created pursuant 228 to this chapter and the Executive Office of the Governor, the 229 Department of Military Affairs, the Fish and Wildlife 230 Conservation Commission, the Office of Insurance Regulation of 231 the Financial Services Commission, the Office of Financial 232 Regulation of the Financial Services Commission, the Public 233 Service Commission, the Board of Governors of the State 234 University System, the Florida Housing Finance Corporation,the235Office of Early Learning,and the state courts system. 236 Section 2. Present paragraphs (c) through (j) of subsection 237 (3) of section 20.15, Florida Statutes, are redesignated as 238 paragraphs (d) through (k), respectively, a new paragraph (c) is 239 added to subsection (3), and present paragraph (i) of subsection 240 (3) and subsection (5) of that section are amended, to read: 241 20.15 Department of Education.—There is created a 242 Department of Education. 243 (3) DIVISIONS.—The following divisions of the Department of 244 Education are established: 245 (c) Division of Early Learning. 246 (j)(i)The Office of Independent Education and Parental 247 Choice, which must includethe following offices:2481.The Office of Early Learning, which shall be249administered by an executive director who is fully accountable250to the Commissioner of Education. The executive director shall,251pursuant to s. 1001.213, administer the early learning programs,252including the school readiness program and the Voluntary253Prekindergarten Education Program at the state level.2542.the Office of K-12 School Choice, which shall be 255 administered by an executive director who is fully accountable 256 to the Commissioner of Education. 257 (5) POWERS AND DUTIES.—The State Board of Education and the 258 Commissioner of Education shall assign to the divisions such 259 powers, duties, responsibilities, and functions as are necessary 260 to ensure the greatest possible coordination, efficiency, and 261 effectiveness of education for students in Early Learning-20K26220education under the jurisdiction of the State Board of 263 Education. 264 Section 3. Paragraph (a) of subsection (2) of section 265 39.202, Florida Statutes, is amended to read: 266 39.202 Confidentiality of reports and records in cases of 267 child abuse or neglect.— 268 (2) Except as provided in subsection (4), access to such 269 records, excluding the name of, or other identifying information 270 with respect to, the reporter which shall be released only as 271 provided in subsection (5), shall be granted only to the 272 following persons, officials, and agencies: 273 (a) Employees, authorized agents, or contract providers of 274 the department, the Department of Health, the Agency for Persons 275 with Disabilities,the Office of Early Learning,or county 276 agencies responsible for carrying out: 277 1. Child or adult protective investigations; 278 2. Ongoing child or adult protective services; 279 3. Early intervention and prevention services; 280 4. Healthy Start services; 281 5. Licensure or approval of adoptive homes, foster homes, 282 child care facilities, facilities licensed under chapter 393, 283 family day care homes, providers who receive school readiness 284 funding under part VI of chapter 1002, or other homes used to 285 provide for the care and welfare of children; 286 6. Employment screening for caregivers in residential group 287 homes; or 288 7. Services for victims of domestic violence when provided 289 by certified domestic violence centers working at the 290 department’s request as case consultants or with shared clients. 291 292 Also, employees or agents of the Department of Juvenile Justice 293 responsible for the provision of services to children, pursuant 294 to chapters 984 and 985. 295 Section 4. Paragraph (b) of subsection (5) of section 296 39.604, Florida Statutes, is amended to read: 297 39.604 Rilya Wilson Act; short title; legislative intent; 298 child care; early education; preschool.— 299 (5) EDUCATIONAL STABILITY.—Just as educational stability is 300 important for school-age children, it is also important to 301 minimize disruptions to secure attachments and stable 302 relationships with supportive caregivers of children from birth 303 to school age and to ensure that these attachments are not 304 disrupted due to placement in out-of-home care or subsequent 305 changes in out-of-home placement. 306 (b) If it is not in the best interest of the child for him 307 or her to remain in his or her child care or early education 308 setting upon entry into out-of-home care, the caregiver must 309 work with the case manager, guardian ad litem, child care and 310 educational staff, and educational surrogate, if one has been 311 appointed, to determine the best setting for the child. Such 312 setting may be a child care provider that receives a Gold Seal 313 Quality Care designation pursuant to s. 1002.945s. 402.281, a 314 provider participating in a quality rating system, a licensed 315 child care provider, a public school provider, or a license 316 exempt child care provider, including religious-exempt and 317 registered providers, and nonpublic schools. 318 Section 5. Paragraph (m) of subsection (5) of section 319 212.08, Florida Statutes, is amended to read: 320 212.08 Sales, rental, use, consumption, distribution, and 321 storage tax; specified exemptions.—The sale at retail, the 322 rental, the use, the consumption, the distribution, and the 323 storage to be used or consumed in this state of the following 324 are hereby specifically exempt from the tax imposed by this 325 chapter. 326 (5) EXEMPTIONS; ACCOUNT OF USE.— 327 (m) Educational materials purchased by certain child care 328 facilities.—Educational materials, such as glue, paper, paints, 329 crayons, unique craft items, scissors, books,andeducational 330 toys, and curricula, purchased by a child care facility that 331 meets the standards delineated in s. 402.305, is licensed under 332 s. 402.308, holds a current Gold Seal Quality Care designation 333 pursuant to s. 1002.945s. 402.281, and provides basic health 334 insurance to all employees are exempt from the taxes imposed by 335 this chapter. For purposes of this paragraph, the term “basic 336 health insurance” shall be defined and promulgated in rules 337 developed jointly by the Department of EducationChildren and338Families, the Agency for Health Care Administration, and the 339 Financial Services Commission. 340 Section 6. Subsection (8) of section 216.136, Florida 341 Statutes, is amended to read: 342 216.136 Consensus estimating conferences; duties and 343 principals.— 344 (8) EARLY LEARNING PROGRAMS ESTIMATING CONFERENCE.— 345 (a) The Early Learning Programs Estimating Conference shall 346 develop estimates and forecasts by county of the unduplicated 347 count of children eligible for the school readiness program in 348 accordance with the standards of eligibility established in s. 349 1002.87 and of children eligible for the Voluntary 350 Prekindergarten Education Program in accordance with s. 351 1002.53(2); review and verify the procedures and data used by 352 the Department of Education for the adoption of the market rate 353 schedule under s. 1002.895; determine base payment rates and the 354 application of legislatively approved differentials under part 355 VI of chapter 1002 by county, care level, and provider type that 356 ensure reasonable access to quality early learning settings in 357 each county and that shall be implemented by each early learning 358 coalition and used in any school readiness program funding 359 formula; verify all data sources and calculations used to 360 determine funding recommendations by county for the school 361 readiness program and the Voluntary Prekindergarten Education 362 Program before submission of any legislative budget request; and 363 meet at least biannually,as the conference determines are364neededto support the state planning, budgeting, and 365 appropriations processes. 366 (b) The departmentOffice of Early Learningshall provide 367 any reasonably related information for the conference or its 368 principals to be able to complete the duties listed in paragraph 369 (a)on needs and waiting listsfor school readiness programs,370 andinformation on the needs forthe Voluntary Prekindergarten 371 Education Program, as requested by the Early Learning Programs 372 Estimating Conference or individual conference principals in a 373 timely manner. 374 Section 7. Paragraph (b) of subsection (1) and paragraph 375 (b) of subsection (2) of section 383.14, Florida Statutes, are 376 amended to read: 377 383.14 Screening for metabolic disorders, other hereditary 378 and congenital disorders, and environmental risk factors.— 379 (1) SCREENING REQUIREMENTS.—To help ensure access to the 380 maternal and child health care system, the Department of Health 381 shall promote the screening of all newborns born in Florida for 382 metabolic, hereditary, and congenital disorders known to result 383 in significant impairment of health or intellect, as screening 384 programs accepted by current medical practice become available 385 and practical in the judgment of the department. The department 386 shall also promote the identification and screening of all 387 newborns in this state and their families for environmental risk 388 factors such as low income, poor education, maternal and family 389 stress, emotional instability, substance abuse, and other high 390 risk conditions associated with increased risk of infant 391 mortality and morbidity to provide early intervention, 392 remediation, and prevention services, including, but not limited 393 to, parent support and training programs, home visitation, and 394 case management. Identification, perinatal screening, and 395 intervention efforts shall begin prior to and immediately 396 following the birth of the child by the attending health care 397 provider. Such efforts shall be conducted in hospitals, 398 perinatal centers, county health departments, school health 399 programs that provide prenatal care, and birthing centers, and 400 reported to the Office of Vital Statistics. 401 (b) Postnatal screening.—A risk factor analysis using the 402 department’s designated risk assessment instrument shall also be 403 conducted as part of the medical screening process upon the 404 birth of a child and submitted to the department’s Office of 405 Vital Statistics for recording and other purposes provided for 406 in this chapter. The department’s screening process for risk 407 assessment shall include a scoring mechanism and procedures that 408 establish thresholds for notification, further assessment, 409 referral, and eligibility for services by professionals or 410 paraprofessionals consistent with the level of risk. Procedures 411 for developing and using the screening instrument, notification, 412 referral, and care coordination services, reporting 413 requirements, management information, and maintenance of a 414 computer-driven registry in the Office of Vital Statistics which 415 ensures privacy safeguards must be consistent with the 416 provisions and plans established under chapter 411, Pub. L. No. 417 99-457, and this chapter. Procedures established for reporting 418 information and maintaining a confidential registry must include 419 a mechanism for a centralized information depository at the 420 state and county levels. The department shall coordinate with 421 existing risk assessment systems and information registries. The 422 department must ensure, to the maximum extent possible, that the 423 screening information registry is integrated with the 424 department’s automated data systems, including the Florida On 425 line Recipient Integrated Data Access (FLORIDA) system. Tests 426 and screenings must be performed by the State Public Health 427 Laboratory, in coordination with Children’s Medical Services, at 428 such times and in such manner as is prescribed by the department 429 after consultation with the Genetics and Newborn Screening 430 Advisory Council and the Department of EducationOffice of Early431Learning. 432 (2) RULES.— 433 (b) After consultation with the Department of Education 434Office of Early Learning, the department shall adopt and enforce 435 rules requiring every newborn in this state to be screened for 436 environmental risk factors that place children and their 437 families at risk for increased morbidity, mortality, and other 438 negative outcomes. 439 Section 8. Paragraph (h) of subsection (2) of section 440 391.308, Florida Statutes, is amended to read: 441 391.308 Early Steps Program.—The department shall implement 442 and administer part C of the federal Individuals with 443 Disabilities Education Act (IDEA), which shall be known as the 444 “Early Steps Program.” 445 (2) DUTIES OF THE DEPARTMENT.—The department shall: 446 (h) Promote interagency cooperation and coordination, with 447 the Medicaid program, the Department of Education program 448 pursuant to part B of the federal Individuals with Disabilities 449 Education Act, and programs providing child screening such as 450 the Florida Diagnostic and Learning Resources System,the Office451of Early Learning,Healthy Start, and the Help Me Grow program. 452 1. Coordination with the Medicaid program shall be 453 developed and maintained through written agreements with the 454 Agency for Health Care Administration and Medicaid managed care 455 organizations as well as through active and ongoing 456 communication with these organizations. The department shall 457 assist local program offices to negotiate agreements with 458 Medicaid managed care organizations in the service areas of the 459 local program offices. Such agreements may be formal or 460 informal. 461 2. Coordination with education programs pursuant to part B 462 of the federal Individuals with Disabilities Education Act shall 463 be developed and maintained through written agreements with the 464 Department of Education. The department shall assist local 465 program offices to negotiate agreements with school districts in 466 the service areas of the local program offices. 467 Section 9. Subsection (6) of section 402.26, Florida 468 Statutes, is amended to read: 469 402.26 Child care; legislative intent.— 470 (6) It is the intent of the Legislature that a child care 471 facility licensed pursuant to s. 402.305 or a child care 472 facility exempt from licensing pursuant to s. 402.316, that 473 achieves Gold Seal Quality status pursuant to s. 1002.945s.474402.281, be considered an educational institution for the 475 purpose of qualifying for exemption from ad valorem tax pursuant 476 to s. 196.198. 477 Section 10. Section 402.281, Florida Statutes, is repealed. 478 Section 11. Paragraph (c) of subsection (1) and paragraph 479 (a) of subsection (7) of section 402.305, Florida Statutes, are 480 amended to read: 481 402.305 Licensing standards; child care facilities.— 482 (1) LICENSING STANDARDS.—The department shall establish 483 licensing standards that each licensed child care facility must 484 meet regardless of the origin or source of the fees used to 485 operate the facility or the type of children served by the 486 facility. 487 (c) The minimum standards for child care facilities shall 488 be adopted in the rules of the department and shall address the 489 areas delineated in this section. The department, in adopting 490 rules to establish minimum standards for child care facilities, 491 shall recognize that different age groups of children may 492 require different standards. The department may adopt different 493 minimum standards for facilities that serve children in 494 different age groups, including school-age children. The 495 department shall also adopt by rule a definition for child care 496 which distinguishes between child care programs that require 497 child care licensure and after-school programs that do not 498 require licensure. Notwithstanding any other provision of law to 499 the contrary, minimum child care licensing standards shall be 500 developed to provide for reasonable, affordable, and safe 501 before-school and after-school care and may not exceed standards 502 expressly set forth in ss. 402.301-402.319. Licensing standards 503 adopted by the department on or after July 1, 2020, must be 504 ratified by the Legislature. After-school programs that 505 otherwise meet the criteria for exclusion from licensure may 506 provide snacks and meals through the federal Afterschool Meal 507 Program (AMP) administered by the Department of Health in 508 accordance with federal regulations and standards. The 509 Department of Health shall consider meals to be provided through 510 the AMP only if the program is actively participating in the 511 AMP, is in good standing with the department, and the meals meet 512 AMP requirements. Standards, at a minimum, shall allow for a 513 credentialed director to supervise multiple before-school and 514 after-school sites. 515 (7) SANITATION AND SAFETY.— 516 (a) Minimum standards shall include requirements for 517 sanitary and safety conditions, first aid treatment, emergency 518 procedures, and pediatric cardiopulmonary resuscitation. The 519 minimum standards shall require thatat leastone staff person 520 trained in cardiopulmonary resuscitation, as evidenced by 521 current documentation of course completion, must be present at 522 all times that children are present. 523 Section 12. Subsection (5) of section 402.315, Florida 524 Statutes, is amended to read: 525 402.315 Funding; license fees.— 526 (5) All moneys collected by the department for child care 527 licensing shall be held in a trust fund of the department to be 528 reallocated to the department during the following fiscal year 529 to fund child care licensing activities, including the Gold Seal 530 Quality Care program created pursuant to s. 1002.945s. 402.281. 531 Section 13. Paragraph (a) of subsection (4) of section 532 402.56, Florida Statutes, is amended to read: 533 402.56 Children’s cabinet; organization; responsibilities; 534 annual report.— 535 (4) MEMBERS.—The cabinet shall consist of 16 members 536 including the Governor and the following persons: 537 (a)1. The Secretary of Children and Families; 538 2. The Secretary of Juvenile Justice; 539 3. The director of the Agency for Persons with 540 Disabilities; 541 4. A representative from the DivisionThe director of the542Officeof Early Learning; 543 5. The State Surgeon General; 544 6. The Secretary of Health Care Administration; 545 7. The Commissioner of Education; 546 8. The director of the Statewide Guardian Ad Litem Office; 547 9. A representative of the Office of Adoption and Child 548 Protection; 549 10. A superintendent of schools, appointed by the Governor; 550 and 551 11. Five members who represent children and youth advocacy 552 organizations and who are not service providers, appointed by 553 the Governor. 554 Section 14. Paragraph (e) of subsection (2) of section 555 411.226, Florida Statutes, is amended to read: 556 411.226 Learning Gateway.— 557 (2) LEARNING GATEWAY STEERING COMMITTEE.— 558 (e) To support and facilitate system improvements, the 559 steering committee must consult with representatives from the 560 Department of Education, the Department of Health,the Office of561Early Learning,the Department of Children and Families, the 562 Agency for Health Care Administration, the Department of 563 Juvenile Justice, and the Department of Corrections and with the 564 director of the Learning Development and Evaluation Center of 565 Florida Agricultural and Mechanical University. 566 Section 15. Paragraph (d) of subsection (1), paragraph (a) 567 of subsection (2), and paragraph (c) of subsection (3) of 568 section 411.227, Florida Statutes, are amended to read: 569 411.227 Components of the Learning Gateway.—The Learning 570 Gateway system consists of the following components: 571 (1) COMMUNITY EDUCATION STRATEGIES AND FAMILY-ORIENTED 572 ACCESS.— 573 (d) In collaboration with other local resources, the 574 demonstration projects shall develop public awareness strategies 575 to disseminate information about developmental milestones, 576 precursors of learning problems and other developmental delays, 577 and the service system that is available. The information should 578 target parents of children from birth through age 9 and should 579 be distributed to parents, health care providers, and caregivers 580 of children from birth through age 9. A variety of media should 581 be used as appropriate, such as print, television, radio, and a 582 community-based Internet website, as well as opportunities such 583 as those presented by parent visits to physicians for well-child 584 checkups. The Learning Gateway Steering Committee shall provide 585 technical assistance to the local demonstration projects in 586 developing and distributing educational materials and 587 information. 588 1. Public awareness strategies targeting parents of 589 children from birth through age 5 shall be designed to provide 590 information to public and private preschool programs, child care 591 providers, pediatricians, parents, and local businesses and 592 organizations. These strategies should include information on 593 the school readiness performance standards adopted by the 594 Department of EducationOffice of Early Learning. 595 2. Public awareness strategies targeting parents of 596 children from ages 6 through 9 must be designed to disseminate 597 training materials and brochures to parents and public and 598 private school personnel, and must be coordinated with the local 599 school board and the appropriate school advisory committees in 600 the demonstration projects. The materials should contain 601 information on state and district proficiency levels for grades 602 K-3. 603 (2) SCREENING AND DEVELOPMENTAL MONITORING.— 604 (a) In coordination withthe Office of Early Learning,the 605 Department of Education,and the Florida Pediatric Society, and 606 using information learned from the local demonstration projects, 607 the Learning Gateway Steering Committee shall establish 608 guidelines for screening children from birth through age 9. The 609 guidelines should incorporate recent research on the indicators 610 most likely to predict early learning problems, mild 611 developmental delays, child-specific precursors of school 612 failure, and other related developmental indicators in the 613 domains of cognition; communication; attention; perception; 614 behavior; and social, emotional, sensory, and motor functioning. 615 (3) EARLY EDUCATION, SERVICES AND SUPPORTS.— 616 (c) The steering committee, in cooperation with the 617 Department of Children and Families and,the Department of 618 Education,and the Office of Early Learning,shall identify the 619 elements of an effective research-based curriculum for early 620 care and education programs. 621 Section 16. Subsection (1) of section 414.295, Florida 622 Statutes, is amended to read: 623 414.295 Temporary cash assistance programs; public records 624 exemption.— 625 (1) Personal identifying information of a temporary cash 626 assistance program participant, a participant’s family, or a 627 participant’s family or household member, except for information 628 identifying a parent who does not live in the same home as the 629 child, which is held by the department,the Office of Early630Learning,CareerSource Florida, Inc., the Department of Health, 631 the Department of Revenue, the Department of Education, or a 632 local workforce development board or local committee created 633 pursuant to s. 445.007 is confidential and exempt from s. 634 119.07(1) and s. 24(a), Art. I of the State Constitution. Such 635 confidential and exempt information may be released for purposes 636 directly connected with: 637 (a) The administration of the temporary assistance for 638 needy families plan under Title IV-A of the Social Security Act, 639 as amended, by the department,the Office of Early Learning,640 CareerSource Florida, Inc., the Department of Military Affairs, 641 the Department of Health, the Department of Revenue, the 642 Department of Education, a local workforce development board or 643 local committee created pursuant to s. 445.007, or a school 644 district. 645 (b) The administration of the state’s plan or program 646 approved under Title IV-B, Title IV-D, or Title IV-E of the 647 Social Security Act, as amended, or under Title I, Title X, 648 Title XIV, Title XVI, Title XIX, Title XX, or Title XXI of the 649 Social Security Act, as amended. 650 (c) An investigation, prosecution, or criminal, civil, or 651 administrative proceeding conducted in connection with the 652 administration of any of the plans or programs specified in 653 paragraph (a) or paragraph (b) by a federal, state, or local 654 governmental entity, upon request by that entity, if such 655 request is made pursuant to the proper exercise of that entity’s 656 duties and responsibilities. 657 (d) The administration of any other state, federal, or 658 federally assisted program that provides assistance or services 659 on the basis of need, in cash or in kind, directly to a 660 participant. 661 (e) An audit or similar activity, such as a review of 662 expenditure reports or financial review, conducted in connection 663 with the administration of plans or programs specified in 664 paragraph (a) or paragraph (b) by a governmental entity 665 authorized by law to conduct such audit or activity. 666 (f) The administration of the reemployment assistance 667 program. 668 (g) The reporting to the appropriate agency or official of 669 information about known or suspected instances of physical or 670 mental injury, sexual abuse or exploitation, or negligent 671 treatment or maltreatment of a child or elderly person receiving 672 assistance, if circumstances indicate that the health or welfare 673 of the child or elderly person is threatened. 674 (h) The administration of services to elderly persons under 675 ss. 430.601-430.606. 676 Section 17. Section 1000.01, Florida Statutes, is amended 677 to read: 678 1000.01 The Florida Early Learning-20K-20education 679 system; technical provisions.— 680 (1) NAME.—Chapters 1000 through 1013 shall be known and 681 cited as the “Florida Early Learning-20K-20Education Code.” 682 (2) LIBERAL CONSTRUCTION.—The provisions of the Florida 683 Early Learning-20K-20Education Code shall be liberally 684 construed to the end that its objectives may be effected. It is 685 the legislative intent that if any section, subsection, 686 sentence, clause, or provision of the Florida Early Learning-20 687K-20Education Code is held invalid, the remainder of the code 688 shall not be affected. 689 (3) PURPOSE.—The purpose of the Florida Early Learning-20 690K-20Education Code is to provide by law for a state system of 691 schools, courses, classes, and educational institutions and 692 services adequate to allow, for all Florida’s students, the 693 opportunity to obtain a high quality education. The Florida 694 Early Learning-20K-20education system is established to 695 accomplish this purpose; however, nothing in this code shall be 696 construed to require the provision of free public education 697 beyond grade 12. 698 (4) UNIFORM SYSTEM OF PUBLIC K-12 SCHOOLS INCLUDED.—As 699 required by s. 1, Art. IX of the State Constitution, the Florida 700 Early Learning-20K-20education system shall include the 701 uniform system of free public K-12 schools. These public K-12 702 schools shall provide 13 consecutive years of instruction, 703 beginning with kindergarten, and shall also provide such 704 instruction for students with disabilities, gifted students, 705 limited English proficient students, and students in Department 706 of Juvenile Justice programs as may be required by law. The 707 funds for support and maintenance of the uniform system of free 708 public K-12 schools shall be derived from state, district, 709 federal, and other lawful sources or combinations of sources, 710 including any fees charged nonresidents as provided by law. 711 Section 18. Subsection (2) of section 1000.02, Florida 712 Statutes, is amended to read: 713 1000.02 Policy and guiding principles for the Florida K-20 714 education system.— 715 (2) The guiding principles for Florida’s Early Learning-20 716K-20education system are: 717 (a) A coordinated, seamless system for kindergarten through 718 graduate school education. 719 (b) A system that is student-centered in every facet. 720 (c) A system that maximizes education access and allows the 721 opportunity for a high quality education for all Floridians. 722 (d) A system that safeguards equity and supports academic 723 excellence. 724 (e) A system that provides for local operational 725 flexibility while promoting accountability for student 726 achievement and improvement. 727 Section 19. Section 1000.03, Florida Statutes, is amended 728 to read: 729 1000.03 Function, mission, and goals of the Florida Early 730 Learning-20K-20education system.— 731 (1) Florida’s Early Learning-20K-20education system shall 732 be a decentralized system without excess layers of bureaucracy. 733 Florida’s Early Learning-20K-20education system shall maintain 734 a systemwide technology plan based on a common set of data 735 definitions. 736 (2)(a) The Legislature shall establish education policy, 737 enact education laws, and appropriate and allocate education 738 resources. 739 (b) With the exception of matters relating to the State 740 University System, the State Board of Education shall oversee 741 the enforcement of all laws and rules, and the timely provision 742 of direction, resources, assistance, intervention when needed, 743 and strong incentives and disincentives to force accountability 744 for results. 745 (c) The Board of Governors shall oversee the enforcement of 746 all state university laws and rules and regulations and the 747 timely provision of direction, resources, assistance, 748 intervention when needed, and strong incentives and 749 disincentives to force accountability for results. 750 (3) Public education is a cooperative function of the state 751 and local educational authorities. The state retains 752 responsibility for establishing a system of public education 753 through laws, standards, and rules to assure efficient operation 754 of an Early Learning-20a K-20system of public education and 755 adequate educational opportunities for all individuals. Local 756 educational authorities have a duty to fully and faithfully 757 comply with state laws, standards, and rules and to efficiently 758 use the resources available to them to assist the state in 759 allowing adequate educational opportunities. 760 (4) The mission of Florida’s Early Learning-20K-20761 education system is to allow its students to increase their 762 proficiency by allowing them the opportunity to expand their 763 knowledge and skills through rigorous and relevant learning 764 opportunities, in accordance with the mission statement and 765 accountability requirements of s. 1008.31. 766 (5) The priorities of Florida’s Early Learning-20K-20767 education system include: 768 (a) Learning and completion at all levels, including 769 increased high school graduation rate and readiness for 770 postsecondary education without remediation.—All students 771 demonstrate increased learning and completion at all levels, 772 graduate from high school, and are prepared to enter 773 postsecondary education without remediation. 774 (b) Student performance.—Students demonstrate that they 775 meet the expected academic standards consistently at all levels 776 of their education. 777 (c) Civic literacy.—Students are prepared to become 778 civically engaged and knowledgeable adults who make positive 779 contributions to their communities. 780 (d) Alignment of standards and resources.—Academic 781 standards for every level of the Early Learning-20K-20782 education system are aligned, and education financial resources 783 are aligned with student performance expectations at each level 784 of the Early Learning-20K-20education system. 785 (e) Educational leadership.—The quality of educational 786 leadership at all levels of Early Learning-20K-20education is 787 improved. 788 (f) Workforce education.—Workforce education is 789 appropriately aligned with the skills required by the new global 790 economy. 791 (g) Parental, student, family, educational institution, and 792 community involvement.—Parents, students, families, educational 793 institutions, and communities are collaborative partners in 794 education, and each plays an important role in the success of 795 individual students. Therefore, the State of Florida cannot be 796 the guarantor of each individual student’s success. The goals of 797 Florida’s Early Learning-20K-20education system are not 798 guarantees that each individual student will succeed or that 799 each individual school will perform at the level indicated in 800 the goals. 801 (h) Comprehensive K-20 career and education planning.—It is 802 essential that Florida’s Early Learning-20K-20education system 803 better prepare all students at every level for the transition 804 from school to postsecondary education or work by providing 805 information regarding: 806 1. Career opportunities, educational requirements 807 associated with each career, educational institutions that 808 prepare students to enter each career, and student financial aid 809 available to pursue postsecondary instruction required to enter 810 each career. 811 2. How to make informed decisions about the program of 812 study that best addresses the students’ interests and abilities 813 while preparing them to enter postsecondary education or the 814 workforce. 815 3. Recommended coursework and programs that prepare 816 students for success in their areas of interest and ability. 817 818 This information shall be provided to students and parents 819 through websites, handbooks, manuals, or other regularly 820 provided communications. 821 Section 20. Section 1000.04, Florida Statutes, is amended 822 to read: 823 1000.04 Components for the delivery of public education 824 within the Florida Early Learning-20K-20education system. 825 Florida’s Early Learning-20K-20education system provides for 826 the delivery of early learning and public education through 827 publicly supported and controlled K-12 schools, Florida College 828 System institutions, state universities and other postsecondary 829 educational institutions, other educational institutions, and 830 other educational services as provided or authorized by the 831 Constitution and laws of the state. 832 (1) EARLY LEARNING.—Early learning includes the Voluntary 833 Prekindergarten Education Program and the school readiness 834 program. 835 (2)(1)PUBLIC K-12 SCHOOLS.—The public K-12 schools include 836 charter schools and consist of kindergarten classes; elementary, 837 middle, and high school grades and special classes; virtual 838 instruction programs; workforce education; career centers; 839 adult, part-time, and evening schools, courses, or classes, as 840 authorized by law to be operated under the control of district 841 school boards; and lab schools operated under the control of 842 state universities. 843 (3)(2)PUBLIC POSTSECONDARY EDUCATIONAL INSTITUTIONS. 844 Public postsecondary educational institutions include workforce 845 education; Florida College System institutions; state 846 universities; and all other state-supported postsecondary 847 educational institutions that are authorized and established by 848 law. 849 (4)(3)FLORIDA SCHOOL FOR THE DEAF AND THE BLIND.—The 850 Florida School for the Deaf and the Blind is a component of the 851 delivery of public education within Florida’s Early Learning-20 852K-20education system. 853 (5)(4)THE FLORIDA VIRTUAL SCHOOL.—The Florida Virtual 854 School is a component of the delivery of public education within 855 Florida’s Early Learning-20K-20education system. 856 Section 21. Section 1000.21, Florida Statutes, is amended 857 to read: 858 1000.21 Systemwide definitions.—As used in the Florida 859 Early Learning-20K-20Education Code: 860 (1) “Articulation” is the systematic coordination that 861 provides the means by which students proceed toward their 862 educational objectives in as rapid and student-friendly manner 863 as their circumstances permit, from grade level to grade level, 864 from elementary to middle to high school, to and through 865 postsecondary education, and when transferring from one 866 educational institution or program to another. 867 (2) “Commissioner” is the Commissioner of Education. 868 (3) “Florida College System institution” except as 869 otherwise specifically provided, includes all of the following 870 public postsecondary educational institutions in the Florida 871 College System and any branch campuses, centers, or other 872 affiliates of the institution: 873 (a) Eastern Florida State College, which serves Brevard 874 County. 875 (b) Broward College, which serves Broward County. 876 (c) College of Central Florida, which serves Citrus, Levy, 877 and Marion Counties. 878 (d) Chipola College, which serves Calhoun, Holmes, Jackson, 879 Liberty, and Washington Counties. 880 (e) Daytona State College, which serves Flagler and Volusia 881 Counties. 882 (f) Florida SouthWestern State College, which serves 883 Charlotte, Collier, Glades, Hendry, and Lee Counties. 884 (g) Florida State College at Jacksonville, which serves 885 Duval and Nassau Counties. 886 (h) The College of the Florida Keys, which serves Monroe 887 County. 888 (i) Gulf Coast State College, which serves Bay, Franklin, 889 and Gulf Counties. 890 (j) Hillsborough Community College, which serves 891 Hillsborough County. 892 (k) Indian River State College, which serves Indian River, 893 Martin, Okeechobee, and St. Lucie Counties. 894 (l) Florida Gateway College, which serves Baker, Columbia, 895 Dixie, Gilchrist, and Union Counties. 896 (m) Lake-Sumter State College, which serves Lake and Sumter 897 Counties. 898 (n) State College of Florida, Manatee-Sarasota, which 899 serves Manatee and Sarasota Counties. 900 (o) Miami Dade College, which serves Miami-Dade County. 901 (p) North Florida College, which serves Hamilton, 902 Jefferson, Lafayette, Madison, Suwannee, and Taylor Counties. 903 (q) Northwest Florida State College, which serves Okaloosa 904 and Walton Counties. 905 (r) Palm Beach State College, which serves Palm Beach 906 County. 907 (s) Pasco-Hernando State College, which serves Hernando and 908 Pasco Counties. 909 (t) Pensacola State College, which serves Escambia and 910 Santa Rosa Counties. 911 (u) Polk State College, which serves Polk County. 912 (v) St. Johns River State College, which serves Clay, 913 Putnam, and St. Johns Counties. 914 (w) St. Petersburg College, which serves Pinellas County. 915 (x) Santa Fe College, which serves Alachua and Bradford 916 Counties. 917 (y) Seminole State College of Florida, which serves 918 Seminole County. 919 (z) South Florida State College, which serves DeSoto, 920 Hardee, and Highlands Counties. 921 (aa) Tallahassee Community College, which serves Gadsden, 922 Leon, and Wakulla Counties. 923 (bb) Valencia College, which serves Orange and Osceola 924 Counties. 925 (4) “Department” is the Department of Education. 926 (5) “Parent” is either or both parents of a student, any 927 guardian of a student, any person in a parental relationship to 928 a student, or any person exercising supervisory authority over a 929 student in place of the parent. 930 (6) “State university,” except as otherwise specifically 931 provided, includes the following institutions and any branch 932 campuses, centers, or other affiliates of the institution: 933 (a) The University of Florida. 934 (b) The Florida State University. 935 (c) The Florida Agricultural and Mechanical University. 936 (d) The University of South Florida. 937 (e) The Florida Atlantic University. 938 (f) The University of West Florida. 939 (g) The University of Central Florida. 940 (h) The University of North Florida. 941 (i) The Florida International University. 942 (j) The Florida Gulf Coast University. 943 (k) New College of Florida. 944 (l) The Florida Polytechnic University. 945 (7) “Next Generation Sunshine State Standards” means the 946 state’s public K-12 curricular standards adopted under s. 947 1003.41. 948 (8) “Board of Governors” is the Board of Governors of the 949 State University System. 950 Section 22. Subsection (1) and paragraphs (e) and (s) of 951 subsection (2) of section 1001.02, Florida Statutes, are amended 952 to read: 953 1001.02 General powers of State Board of Education.— 954 (1) The State Board of Education is the chief implementing 955 and coordinating body of public education in Florida except for 956 the State University System, and it shall focus on high-level 957 policy decisions. It has authority to adopt rules pursuant to 958 ss. 120.536(1) and 120.54 to implement the provisions of law 959 conferring duties upon it for the improvement of the state 960 system of Early Learning-20K-20public education except for the 961 State University System. Except as otherwise provided herein, it 962 may, as it finds appropriate, delegate its general powers to the 963 Commissioner of Education or the directors of the divisions of 964 the department. 965 (2) The State Board of Education has the following duties: 966 (e) To adopt and submit to the Governor and Legislature, as 967 provided in s. 216.023, a coordinated Early Learning-20K-20968 education budget that estimates the expenditure requirements for 969 the Board of Governors, as provided in s. 1001.706, the State 970 Board of Education, including the Department of Education and 971 the Commissioner of Education, and all of the boards, 972 institutions, agencies, and services under the general 973 supervision of the Board of Governors, as provided in s. 974 1001.706, or the State Board of Education for the ensuing fiscal 975 year. The State Board of Education may not amend the budget 976 request submitted by the Board of Governors. Any program 977 recommended by the Board of Governors or the State Board of 978 Education which will require increases in state funding for more 979 than 1 year must be presented in a multiyear budget plan. 980 (s) To establish a detailed procedure for the 981 implementation and operation of a systemwideK-20technology 982 plan that is based on a common set of data definitions. 983 Section 23. Subsections (8) and (9) of section 1001.03, 984 Florida Statutes, are amended to read: 985 1001.03 Specific powers of State Board of Education.— 986 (8) SYSTEMWIDE ENFORCEMENT.—The State Board of Education 987 shall enforce compliance with law and state board rule by all 988 school districts, early learning coalitions, and public 989 postsecondary educational institutions, except for the State 990 University System, in accordance with the provisions of s. 991 1008.32. 992 (9) MANAGEMENT INFORMATION DATABASES.—The State Board of 993 Education, in conjunction with the Board of Governors regarding 994 the State University System, shall continue to collect and 995 maintain, at a minimum, the management information databases for 996 state universities, and all other components of the public Early 997 Learning-20K-20education system as such databases existed on 998 June 30, 2002. 999 Section 24. Subsection (1), paragraphs (g), (k), and (l) of 1000 subsection (6), and subsection (8) of section 1001.10, Florida 1001 Statutes, are amended to read: 1002 1001.10 Commissioner of Education; general powers and 1003 duties.— 1004 (1) The Commissioner of Education is the chief educational 1005 officer of the state and the sole custodian of the Educational 1006K-20data warehouse, and is responsible for giving full 1007 assistance to the State Board of Education in enforcing 1008 compliance with the mission and goals of the Early LearningK-201009 education system, except for the State University System. 1010 (6) Additionally, the commissioner has the following 1011 general powers and duties: 1012 (g) To submit to the State Board of Education, on or before 1013 October 1 of each year, recommendations for a coordinated Early 1014 Learning-20K-20education budget that estimates the 1015 expenditures for the Board of Governors, the State Board of 1016 Education, including the Department of Education and the 1017 Commissioner of Education, and all of the boards, institutions, 1018 agencies, and services under the general supervision of the 1019 Board of Governors or the State Board of Education for the 1020 ensuing fiscal year. Any program recommended to the State Board 1021 of Education that will require increases in state funding for 1022 more than 1 year must be presented in a multiyear budget plan. 1023 (k) To prepare, publish, and disseminate user-friendly 1024 materials relating to the state’s education system, including 1025 the state’s K-12 scholarship programs, the school readiness 1026 program, and the Voluntary Prekindergarten Education Program. 1027 (l) To prepare and publish annually reports giving 1028 statistics and other useful information pertaining to the 1029 state’s K-12 scholarship programs, the school readiness program, 1030 and the Voluntary Prekindergarten Education Program. 1031 (8) In the event of an emergency situation, the 1032 commissioner may coordinate through the most appropriate means 1033 of communication with early learning coalitions, local school 1034 districts, Florida College System institutions, and satellite 1035 offices of the Division of Blind Services and the Division of 1036 Vocational Rehabilitation to assess the need for resources and 1037 assistance to enable each school, institution, or satellite 1038 office the ability to reopen as soon as possible after 1039 considering the health, safety, and welfare of students and 1040 clients. 1041 Section 25. Paragraph (b) of subsection (1) and subsection 1042 (4) of section 1001.11, Florida Statutes, are amended to read: 1043 1001.11 Commissioner of Education; other duties.— 1044 (1) The Commissioner of Education must independently 1045 perform the following duties: 1046 (b) Serve as the primary source of information to the 1047 Legislature, including the President of the Senate and the 1048 Speaker of the House of Representatives, concerning the State 1049 Board of Education, the Early Learning-20K-20education system, 1050 and early learning programs. 1051 (4) The commissioner shall develop and implement an 1052 integrated Early Learning-20K-20information system for 1053 educational management in accordance with the requirements of 1054 chapter 1008. 1055 Section 26. Section 1001.213, Florida Statutes, is 1056 repealed. 1057 Section 27. Subsection (7) of section 1001.215, Florida 1058 Statutes, is amended to read: 1059 1001.215 Just Read, Florida! Office.—There is created in 1060 the Department of Education the Just Read, Florida! Office. The 1061 office is fully accountable to the Commissioner of Education and 1062 shall: 1063 (7) Review, evaluate, and provide technical assistance to 1064 school districts’ implementation of theK-12comprehensive 1065 reading plan required in s. 1011.62(9). 1066 Section 28. Subsection (1) of section 1001.23, Florida 1067 Statutes, is amended to read: 1068 1001.23 Specific powers and duties of the Department of 1069 Education.—In addition to all other duties assigned to it by law 1070 or by rule of the State Board of Education, the department 1071 shall: 1072(1)Adopt the statewide kindergarten screening in1073accordance with s. 1002.69.1074 Section 29. Subsection (3) of section 1001.70, Florida 1075 Statutes, is amended to read: 1076 1001.70 Board of Governors of the State University System.— 1077 (3) The Board of Governors, in exercising its authority 1078 under the State Constitution and statutes, shall exercise its 1079 authority in a manner that supports, promotes, and enhances an 1080 Early Learning-20a K-20education system that provides 1081 affordable access to postsecondary educational opportunities for 1082 residents of the state to the extent authorized by the State 1083 Constitution and state law. 1084 Section 30. Subsections (3) and (10) of section 1002.32, 1085 Florida Statutes, are amended to read: 1086 1002.32 Developmental research (laboratory) schools.— 1087 (3) MISSION.—The mission of a lab school shall be the 1088 provision of a vehicle for the conduct of research, 1089 demonstration, and evaluation regarding management, teaching, 1090 and learning. Programs to achieve the mission of a lab school 1091 shall embody the goals and standards established pursuant to ss. 1092 1000.03(5) and 1001.23(1)1001.23(2)and shall ensure an 1093 appropriate education for its students. 1094 (a) Each lab school shall emphasize mathematics, science, 1095 computer science, and foreign languages. The primary goal of a 1096 lab school is to enhance instruction and research in such 1097 specialized subjects by using the resources available on a state 1098 university campus, while also providing an education in 1099 nonspecialized subjects. Each lab school shall provide 1100 sequential elementary and secondary instruction where 1101 appropriate. A lab school may not provide instruction at grade 1102 levels higher than grade 12 without authorization from the State 1103 Board of Education. Each lab school shall develop and implement 1104 a school improvement plan pursuant to s. 1003.02(3). 1105 (b) Research, demonstration, and evaluation conducted at a 1106 lab school may be generated by the college of education and 1107 other colleges within the university with which the school is 1108 affiliated. 1109 (c) Research, demonstration, and evaluation conducted at a 1110 lab school may be generated by the State Board of Education. 1111 Such research shall respond to the needs of the education 1112 community at large, rather than the specific needs of the 1113 affiliated college. 1114 (d) Research, demonstration, and evaluation conducted at a 1115 lab school may consist of pilot projects to be generated by the 1116 affiliated college, the State Board of Education, or the 1117 Legislature. 1118 (e) The exceptional education programs offered at a lab 1119 school shall be determined by the research and evaluation goals 1120 and the availability of students for efficiently sized programs. 1121 The fact that a lab school offers an exceptional education 1122 program in no way lessens the general responsibility of the 1123 local school district to provide exceptional education programs. 1124 (10) EXCEPTIONS TO LAW.—To encourage innovative practices 1125 and facilitate the mission of the lab schools, in addition to 1126 the exceptions to law specified in s. 1001.23(1)s. 1001.23(2), 1127 the following exceptions shall be permitted for lab schools: 1128 (a) The methods and requirements of the following statutes 1129 shall be held in abeyance: ss. 316.75; 1001.30; 1001.31; 1130 1001.32; 1001.33; 1001.34; 1001.35; 1001.36; 1001.361; 1001.362; 1131 1001.363; 1001.37; 1001.371; 1001.372; 1001.38; 1001.39; 1132 1001.395; 1001.40; 1001.41; 1001.44; 1001.453; 1001.46; 1133 1001.461; 1001.462; 1001.463; 1001.464; 1001.47; 1001.48; 1134 1001.49; 1001.50; 1001.51; 1006.12(2); 1006.21(3), (4); 1006.23; 1135 1010.07(2); 1010.40; 1010.41; 1010.42; 1010.43; 1010.44; 1136 1010.45; 1010.46; 1010.47; 1010.48; 1010.49; 1010.50; 1010.51; 1137 1010.52; 1010.53; 1010.54; 1010.55; 1011.02(1)-(3), (5); 1138 1011.04; 1011.20; 1011.21; 1011.22; 1011.23; 1011.71; 1011.72; 1139 1011.73; and 1011.74. 1140 (b) With the exception of s. 1001.42(18), s. 1001.42 shall 1141 be held in abeyance. Reference to district school boards in s. 1142 1001.42(18) shall mean the president of the university or the 1143 president’s designee. 1144 Section 31. Paragraph (b) of subsection (10) of section 1145 1002.34, Florida Statutes, is amended to read: 1146 1002.34 Charter technical career centers.— 1147 (10) EXEMPTION FROM STATUTES.— 1148 (b) A center must comply with the Florida Early Learning-20 1149K-20Education Code with respect to providing services to 1150 students with disabilities. 1151 Section 32. Subsection (1) of section 1002.36, Florida 1152 Statutes, is amended to read: 1153 1002.36 Florida School for the Deaf and the Blind.— 1154 (1) RESPONSIBILITIES.—The Florida School for the Deaf and 1155 the Blind, located in St. Johns County, is a state-supported 1156 residential public school for hearing-impaired and visually 1157 impaired students in preschool through 12th grade. The school is 1158 a component of the delivery of public education within Florida’s 1159 Early Learning-20K-20education system and shall be funded 1160 through the Department of Education. The school shall provide 1161 educational programs and support services appropriate to meet 1162 the education and related evaluation and counseling needs of 1163 hearing-impaired and visually impaired students in the state who 1164 meet enrollment criteria. Unless otherwise provided by law, the 1165 school shall comply with all laws and rules applicable to state 1166 agencies. Education services may be provided on an outreach 1167 basis for sensory-impaired children ages 0 through 5 years and 1168 to district school boards upon request. Graduates of the Florida 1169 School for the Deaf and the Blind shall be eligible for the 1170 William L. Boyd, IV, Effective Access to Student Education Grant 1171 Program as provided in s. 1009.89. 1172 Section 33. Paragraph (b) of subsection (4) and subsection 1173 (5) of section 1002.53, Florida Statutes, are amended, and 1174 paragraph (d) is added to subsection (6), to read: 1175 1002.53 Voluntary Prekindergarten Education Program; 1176 eligibility and enrollment.— 1177 (4) 1178 (b) The application must be submitted on forms prescribed 1179 by the departmentOffice of Early Learningand must be 1180 accompanied by a certified copy of the child’s birth 1181 certificate. The forms must include a certification, in 1182 substantially the form provided in s. 1002.71(6)(b)2., that the 1183 parent chooses the private prekindergarten provider or public 1184 school in accordance with this section and directs that payments 1185 for the program be made to the provider or school. The 1186 departmentOffice of Early Learningmay authorize alternative 1187 methods for submitting proof of the child’s age in lieu of a 1188 certified copy of the child’s birth certificate. 1189 (5) The early learning coalition shall provide each parent 1190 enrolling a child in the Voluntary Prekindergarten Education 1191 Program with a profile of every private prekindergarten provider 1192 and public school delivering the program within the county where 1193 the child is being enrolled. The profiles shall be provided to 1194 parents in a format prescribed by the departmentOffice of Early1195Learning. The profiles must include, at a minimum, the following 1196 information about each provider and school: 1197 (a) The provider’s or school’s services, curriculum, 1198 instructor credentials, and instructor-to-student ratio; and 1199 (b) The provider’s or school’s kindergarten readiness rate 1200calculated in accordance with s. 1002.69, based upon the most 1201 recent available results of the statewide kindergarten screening 1202 or, when available, the performance metric in accordance with s. 1203 1002.68. 1204 (6) 1205 (d) Each parent who enrolls his or her child in the 1206 Voluntary Prekindergarten Education Program must allow his or 1207 her child to participate in the coordinated screening and 1208 progress-monitoring program under s. 1008.2125. 1209 Section 34. Paragraphs (a), (b), (c), (e), (g), (h), (i), 1210 (j), and (l) of subsection (3), subsection (4), and paragraph 1211 (b) of subsection (5) of section 1002.55, Florida Statutes, are 1212 amended, and subsection (6) is added to that section, to read: 1213 1002.55 School-year prekindergarten program delivered by 1214 private prekindergarten providers.— 1215 (3) To be eligible to deliver the prekindergarten program, 1216 a private prekindergarten provider must meet each of the 1217 following requirements: 1218 (a) The private prekindergarten provider must be a child 1219 care facility licensed under s. 402.305, family day care home 1220 licensed under s. 402.313, large family child care home licensed 1221 under s. 402.3131, nonpublic school exempt from licensure under 1222 s. 402.3025(2),orfaith-based child care provider exempt from 1223 licensure under s. 402.316, child development program that is 1224 operating on a military installation that is certified by the 1225 United States Department of Defense and accredited by a national 1226 accrediting body, or a private prekindergarten provider who has 1227 been issued a provisional license pursuant to s. 402.309. A 1228 private prekindergarten provider may not deliver the program 1229 while its license has been converted to a probation-status 1230 license pursuant to s. 402.310. 1231 (b) The private prekindergarten provider must: 1232 1. Be accredited by an accrediting association that is a 1233 member of the National Council for Private School Accreditation, 1234 or the Florida Association of Academic Nonpublic Schools, or be 1235 accredited by the Southern Association of Colleges and Schools, 1236 or Western Association of Colleges and Schools, or North Central 1237 Association of Colleges and Schools, or Middle States 1238 Association of Colleges and Schools, or New England Association 1239 of Colleges and Schools; and have written accreditation 1240 standards that meet or exceed the state’s licensing requirements 1241 under s. 402.305, s. 402.313, or s. 402.3131 and require at 1242 least one onsite visit to the provider or school before 1243 accreditation is granted; 1244 2. Hold a current Gold Seal Quality Care designation under 1245 s. 1002.945s. 402.281; or 1246 3. Be licensed under s. 402.305, s. 402.313, or s. 402.3131 1247 and demonstrate, before delivering the Voluntary Prekindergarten 1248 Education Program, as verified by the early learning coalition, 1249 that the provider meets each of the requirements of the program 1250 under this part, including, but not limited to, the requirements 1251 for credentials and background screenings of prekindergarten 1252 instructors under paragraphs (c) and (d), minimum and maximum 1253 class sizes under paragraph (f), prekindergarten director 1254 credentials under paragraph (g), and a developmentally 1255 appropriate curriculum under s. 1002.67(2)(b). 1256 (c) The private prekindergarten provider must have, for 1257 each prekindergarten class of 11 children or fewer, at least one 1258 prekindergarten instructor who meets each of the following 1259 requirements: 1260 1. The prekindergarten instructor must hold, at a minimum, 1261 one of the following credentials: 1262 a. A child development associate credential issued by the 1263 National Credentialing Program of the Council for Professional 1264 Recognition; or 1265 b. A credential approved by the Department of Children and 1266 Families as being equivalent to or greater than the credential 1267 described in sub-subparagraph a. 1268 1269 The Department of Children and Families may adopt rules under 1270 ss. 120.536(1) and 120.54 which provide criteria and procedures 1271 for approving equivalent credentials under sub-subparagraph b. 1272 2. The prekindergarten instructor must successfully 1273 complete at least threeanemergent literacy training courses 1274courseand a student performance standards training course 1275 approved by the departmentofficeas meeting or exceeding the 1276 minimum standards adopted under s. 1002.59. The requirement for 1277 completion of the standards training course shall take effect 1278 July 1, 20212014, and the course shall be free or at a low cost 1279 and available online or in person. 1280 (e) A private prekindergarten provider may assign a 1281 substitute instructor to temporarily replace a credentialed 1282 instructor if the credentialed instructor assigned to a 1283 prekindergarten class is absent, as long as the substitute 1284 instructor is of good moral character and has been screened 1285 before employment in accordance with level 2 background 1286 screening requirements in chapter 435. The departmentOffice of1287Early Learningshall adopt rules to implement this paragraph 1288 which shall include required qualifications of substitute 1289 instructors and the circumstances and time limits for which a 1290 private prekindergarten provider may assign a substitute 1291 instructor. 1292 (g) The private prekindergarten provider must have a 1293 prekindergarten director who has a prekindergarten director 1294 credential that is approved by the departmentofficeas meeting 1295 or exceeding the minimum standards adopted under s. 1002.57. 1296Successful completion of a child care facility director1297credential under s. 402.305(2)(g) before the establishment of1298the prekindergarten director credential under s. 1002.57 or July12991, 2006, whichever occurs later, satisfies the requirement for a1300prekindergarten director credential under this paragraph.1301 (h) The private prekindergarten provider must register with 1302 the early learning coalition on forms prescribed by the 1303 departmentOffice of Early Learning. 1304 (i) The private prekindergarten provider must execute the 1305 statewide provider contract prescribed under s. 1002.73s.13061002.75, except that an individual who owns or operates multiple 1307 private prekindergarten providers within a coalition’s service 1308 area may execute a single agreement with the coalition on behalf 1309 of each provider. 1310 (j) The private prekindergarten provider must maintain 1311 general liability insurance and provide the coalition with 1312 written evidence of general liability insurance coverage, 1313 including coverage for transportation of children if 1314 prekindergarten students are transported by the provider. A 1315 provider must obtain and retain an insurance policy that 1316 provides a minimum of $100,000 of coverage per occurrence and a 1317 minimum of $300,000 general aggregate coverage. The department 1318officemay authorize lower limits upon request, as appropriate. 1319 A provider must add the coalition as a named certificateholder 1320 and as an additional insured. A provider must provide the 1321 coalition with a minimum of 10 calendar days’ advance written 1322 notice of cancellation of or changes to coverage. The general 1323 liability insurance required by this paragraph must remain in 1324 full force and effect for the entire period of the provider 1325 contract with the coalition. 1326 (l) Notwithstanding paragraph (j), for a private 1327 prekindergarten provider that is a state agency or a subdivision 1328 thereof, as defined in s. 768.28(2), the provider must agree to 1329 notify the coalition of any additional liability coverage 1330 maintained by the provider in addition to that otherwise 1331 established under s. 768.28. The provider shall indemnify the 1332 coalition to the extent permitted by s. 768.28. Notwithstanding 1333 paragraph (k), for a child development program operating on a 1334 military installation that is certified by the United States 1335 Department of Defense and accredited by a national accrediting 1336 body, the provider may demonstrate liability coverage by 1337 affirming that it is subject to the Tort Claims Act, 28 U.S.C. 1338 s. 2671 et seq. 1339 (4) A prekindergarten instructor, in lieu of the minimum 1340 credentialsand coursesrequired under paragraph (3)(c), may 1341 hold one of the following educational credentials: 1342 (a) A bachelor’s or higher degree in early childhood 1343 education, prekindergarten or primary education, preschool 1344 education, or family and consumer science; 1345 (b) A bachelor’s or higher degree in elementary education, 1346 if the prekindergarten instructor has been certified to teach 1347 children any age from birth through 6th grade, regardless of 1348 whether the instructor’s educator certificate is current, and if 1349 the instructor is not ineligible to teach in a public school 1350 because his or her educator certificate is suspended or revoked; 1351 (c) An associate’s or higher degree in child development; 1352 (d) An associate’s or higher degree in an unrelated field, 1353 at least 6 credit hours in early childhood education or child 1354 development, and at least 480 hours of experience in teaching or 1355 providing child care services for children any age from birth 1356 through 8 years of age; or 1357 (e) An educational credential approved by the department as 1358 being equivalent to or greater than an educational credential 1359 described in this subsection. The department may adopt criteria 1360 and procedures for approving equivalent educational credentials 1361 under this paragraph. 1362 (5) 1363 (b) Notwithstanding any other provision of law, if a 1364 private prekindergarten provider has been cited for a Class I 1365 violation, as defined by rule by the Child Care Services Program 1366 Office of the Department of Children and Families, the coalition 1367 may refuse to contract with the provider. 1368 (6) Each early learning coalition must verify that each 1369 private prekindergarten provider delivering the Voluntary 1370 Prekindergarten Education Program within the coalition’s county 1371 or multicounty region complies with this part. If a private 1372 prekindergarten provider fails or refuses to comply with this 1373 part or if a provider engages in misconduct, the department 1374 shall require the early learning coalition to remove the 1375 provider from eligibility to deliver the program and receive 1376 state funds under this part for a period of at least 2 years but 1377 not more than 5 years. 1378 Section 35. Present paragraphs (b) and (c) of subsection 1379 (2) of section 1002.57, Florida Statutes, are redesignated as 1380 paragraphs (c) and (d), respectively, a new paragraph (b) is 1381 added to that subsection, and subsection (1) of that section is 1382 amended, to read: 1383 1002.57 Prekindergarten director credential.— 1384 (1) The departmentoffice, in consultation with the 1385 Department of Children and Families, shall adopt minimum 1386 standards for a credential for prekindergarten directors of 1387 private prekindergarten providers delivering the Voluntary 1388 Prekindergarten Education Program. The credential must encompass 1389 requirements for education and onsite experience. 1390 (2) The educational requirements must include training in 1391 the following: 1392 (a) Professionally accepted standards for prekindergarten 1393 programs, early learning, and strategies and techniques to 1394 address the age-appropriate progress of prekindergarten students 1395 in attaining the performance standards adopted by the department 1396 under s. 1002.67; 1397 (b) Implementation of curriculum and usage of student-level 1398 data to inform the delivery of instruction; 1399 (c)(b)Strategies that allow students with disabilities and 1400 other special needs to derive maximum benefit from the Voluntary 1401 Prekindergarten Education Program; and 1402 (d)(c)Program administration and operations, including 1403 management, organizational leadership, and financial and legal 1404 issues. 1405 Section 36. Section 1002.59, Florida Statutes, is amended 1406 to read: 1407 1002.59 Emergent literacy and performance standards 1408 training courses.— 1409 (1) The departmentofficeshall adopt minimum standards for 1410one or more trainingcourses in emergent literacy for 1411 prekindergarten instructors. Each course must comprise 5 clock 1412 hours and provide instruction in strategies and techniques to 1413 address the age-appropriate progress of prekindergarten students 1414 in developing emergent literacy skills, including oral 1415 communication, knowledge of print and letters, phonemic and 1416 phonological awareness, and vocabulary and comprehension 1417 development. Each course must also provide resources containing 1418 strategies that allow students with disabilities and other 1419 special needs to derive maximum benefit from the Voluntary 1420 Prekindergarten Education Program. Successful completion of an 1421 emergent literacy training course approved under this section 1422 satisfies requirements for approved training in early literacy 1423 and language development under ss. 402.305(2)(e)5., 402.313(6), 1424 and 402.3131(5). 1425 (2) The departmentofficeshall adopt minimum standards for 1426one or more trainingcourses on the performance standards 1427 adopted under s. 1002.67(1). Each course must consist of 1428compriseat least 3 clock hours, provide instruction in 1429 strategies and techniques to address age-appropriate progress of 1430 each child in attaining the standards, and be available online. 1431 (3) The department shall make available online professional 1432 development and training courses consisting of at least 8 clock 1433 hours that support prekindergarten instructors in increasing the 1434 competency of teacher-child interactions. 1435 Section 37. Present subsections (6) through (8) of section 1436 1002.61, Florida Statutes, are redesignated as subsections (7) 1437 through (9), respectively, new subsections (6) and (10) are 1438 added to that section, and paragraph (b) of subsection (1), 1439 paragraph (b) of subsection (3), subsection (4), and present 1440 subsections (6) and (8) of that section are amended, to read: 1441 1002.61 Summer prekindergarten program delivered by public 1442 schools and private prekindergarten providers.— 1443 (1) 1444 (b) Each early learning coalition shall administer the 1445 Voluntary Prekindergarten Education Program at the county or 1446 regional level for students enrolled under s. 1002.53(3)(b) in a 1447 summer prekindergarten program delivered by a private 1448 prekindergarten provider. A child development program operating 1449 on a military installation that is certified by the United 1450 States Department of Defense and accredited by a national 1451 accrediting body may administer the summer prekindergarten 1452 program as a private prekindergarten provider. 1453 (3) 1454 (b) Each public school delivering the summer 1455 prekindergarten program must execute the statewide provider 1456 contract prescribed under s. 1002.73s. 1002.75, except that the 1457 school district may execute a single agreement with the early 1458 learning coalition on behalf of all district schools. 1459 (4) Notwithstanding ss. 1002.55(3)(c)1. and 1002.63(4), 1460 each public school and private prekindergarten provider must 1461 have, for each prekindergarten class, at least one 1462 prekindergarten instructor who is a certified teacher or holds 1463 one of the educational credentials specified in s. 1002.55(4)(a) 1464 or (b). As used in this subsection, the term “certified teacher” 1465 means a teacher holding a valid Florida educator certificate 1466 under s. 1012.56 who has the qualifications required by the 1467 district school board to instruct students in the summer 1468 prekindergarten program. In selecting instructional staff for 1469 the summer prekindergarten program, each school district shall 1470 give priority to teachers who have experience or coursework in 1471 early childhood education and have completed emergent literacy 1472 and performance standards courses, as defined in s. 1473 1002.55(3)(c)2. 1474 (6) A child development program operating on a military 1475 installation that is certified by the United States Department 1476 of Defense and accredited by a national accrediting body shall 1477 comply with the requirements of a private prekindergarten 1478 provider in this section. 1479 (7)(6)A public school or private prekindergarten provider 1480 may assign a substitute instructor to temporarily replace a 1481 credentialed instructor if the credentialed instructor assigned 1482 to a prekindergarten class is absent, as long as the substitute 1483 instructor is of good moral character and has been screened 1484 before employment in accordance with level 2 background 1485 screening requirements in chapter 435. This subsection does not 1486 supersede employment requirements for instructional personnel in 1487 public schools which are more stringent than the requirements of 1488 this subsection. The departmentOffice of Early Learningshall 1489 adopt rules to implement this subsection which shall include 1490 required qualifications of substitute instructors and the 1491 circumstances and time limits for which a public school or 1492 private prekindergarten provider may assign a substitute 1493 instructor. 1494 (9)(8)Each public school delivering the summer 1495 prekindergarten program must also register with the early 1496 learning coalition on forms prescribed by the departmentOffice1497of Early Learningand deliver the Voluntary Prekindergarten 1498 Education Program in accordance with this part. 1499 (10)(a) Each early learning coalition shall verify that 1500 each private prekindergarten provider delivering the Voluntary 1501 Prekindergarten Education Program within the coalition’s county 1502 or multicounty region complies with this part. Each district 1503 school board shall verify that each public school delivering the 1504 program within the school district complies with this part. 1505 (b) If a private prekindergarten provider or public school 1506 fails or refuses to comply with this part, or if a provider or 1507 school engages in misconduct, the department shall require the 1508 early learning coalition to remove the provider or require the 1509 school district to remove the school from eligibility to deliver 1510 the Voluntary Prekindergarten Education Program and receive 1511 state funds under this part for a period of at least 2 years but 1512 not more than 5 years. 1513 Section 38. Paragraph (b) of subsection (3) and subsections 1514 (6) and (8) of section 1002.63, Florida Statutes, are amended, 1515 and subsection (9) is added to that section, to read: 1516 1002.63 School-year prekindergarten program delivered by 1517 public schools.— 1518 (3) 1519 (b) Each public school delivering the school-year 1520 prekindergarten program must execute the statewide provider 1521 contract prescribed under s. 1002.73s. 1002.75, except that the 1522 school district may execute a single agreement with the early 1523 learning coalition on behalf of all district schools. 1524 (6) A public school prekindergarten provider may assign a 1525 substitute instructor to temporarily replace a credentialed 1526 instructor if the credentialed instructor assigned to a 1527 prekindergarten class is absent, as long as the substitute 1528 instructor is of good moral character and has been screened 1529 before employment in accordance with level 2 background 1530 screening requirements in chapter 435. This subsection does not 1531 supersede employment requirements for instructional personnel in 1532 public schools which are more stringent than the requirements of 1533 this subsection. The State Board of EducationOffice of Early1534Learningshall adopt rules to implement this subsection which 1535 shall include required qualifications of substitute instructors 1536 and the circumstances and time limits for which a public school 1537 prekindergarten provider may assign a substitute instructor. 1538 (8) Each public school delivering the school-year 1539 prekindergarten program must register with the early learning 1540 coalition on forms prescribed by the departmentOffice of Early1541Learningand deliver the Voluntary Prekindergarten Education 1542 Program in accordance with this part. 1543 (9)(a) Each district school board shall verify that each 1544 public school delivering the Voluntary Prekindergarten Education 1545 Program within the school district complies with this part. 1546 (b) If a public school fails or refuses to comply with this 1547 part, or if a school engages in misconduct, the department shall 1548 require the school district to remove the school from 1549 eligibility to deliver the Voluntary Prekindergarten Education 1550 Program and receive state funds under this part for a period of 1551 at least 2 years but not more than 5 years. 1552 Section 39. Section 1002.67, Florida Statutes, is amended 1553 to read: 1554 1002.67 Performance standards and;curriculaand1555accountability.— 1556 (1)(a) The departmentofficeshall develop and adopt 1557 performance standards for students in the Voluntary 1558 Prekindergarten Education Program. The performance standards 1559 must address the age-appropriate progress of students in the 1560 development of: 1561 1. The capabilities, capacities, and skills required under 1562 s. 1(b), Art. IX of the State Constitution;and1563 2. Emergent literacy skills, including oral communication, 1564 knowledge of print and letters, phonemic and phonological 1565 awareness, and vocabulary and comprehension development; and 1566 3. Mathematical thinking and early math skills. 1567 1568By October 1, 2013, the office shall examine the existing1569performance standards in the area of mathematical thinking and1570develop a plan to make appropriate professional development and1571training courses available to prekindergarten instructors.1572 (b) At least every 3 years, the departmentofficeshall 1573periodicallyreview and, if necessary, revise the performance 1574 standards established under s. 1002.67for the statewide1575kindergarten screening administered under s. 1002.69and align 1576 the standards to the standards established by the state board 1577 for student performance on the statewide assessments 1578 administered pursuant to s. 1008.22. 1579 (2)(a) Each private prekindergarten provider and public 1580 school may select or design the curriculum that the provider or 1581 school uses to implement the Voluntary Prekindergarten Education 1582 Program, except as otherwise required for a provider or school 1583 that is placed on probation under s. 1002.68paragraph (4)(c). 1584 (b) Each private prekindergarten provider’s and public 1585 school’s curriculum must be developmentally appropriate and 1586 must: 1587 1. Be designed to prepare a student for early literacy and 1588 provide for instruction in early math skills; 1589 2. Enhance the age-appropriate progress of students in 1590 attaining the performance standards adopted by the department 1591 under subsection (1); and 1592 3. Support student learning gains through differentiated 1593 instruction that shall be measured by the coordinated screening 1594 and progress-monitoring program under s. 1008.2125Prepare1595students to be ready for kindergarten based upon the statewide1596kindergarten screening administered under s. 1002.69. 1597 (c) The State Board of Educationofficeshall adopt rules 1598 for the review and approval ofapprovecurricula for use by 1599 private prekindergarten providers and public schools that are 1600 placed on probation under s. 1002.68paragraph (4)(c). The 1601 departmentofficeshall administer the review and approval 1602 process and maintain a list of the curricula approved under this 1603 paragraph. Each approved curriculum must meet the requirements 1604 of paragraph (b). 1605(3)(a)Contingent upon legislative appropriation, each1606private prekindergarten provider and public school in the1607Voluntary Prekindergarten Education Program must implement an1608evidence-based pre- and post-assessment that has been approved1609by rule of the State Board of Education.1610(b)In order to be approved, the assessment must be valid,1611reliable, developmentally appropriate, and designed to measure1612student progress on domains which must include, but are not1613limited to, early literacy, numeracy, and language.1614(c)The pre- and post-assessment must be administered by1615individuals meeting requirements established by rule of the1616State Board of Education.1617(4)(a)Each early learning coalition shall verify that each1618private prekindergarten provider delivering the Voluntary1619Prekindergarten Education Program within the coalition’s county1620or multicounty region complies with this part. Each district1621school board shall verify that each public school delivering the1622program within the school district complies with this part.1623(b)If a private prekindergarten provider or public school1624fails or refuses to comply with this part, or if a provider or1625school engages in misconduct, the office shall require the early1626learning coalition to remove the provider and require the school1627district to remove the school from eligibility to deliver the1628Voluntary Prekindergarten Education Program and receive state1629funds under this part for a period of 5 years.1630(c)1.If the kindergarten readiness rate of a private1631prekindergarten provider or public school falls below the1632minimum rate adopted by the office as satisfactory under s.16331002.69(6), the early learning coalition or school district, as1634applicable, shall require the provider or school to submit an1635improvement plan for approval by the coalition or school1636district, as applicable, and to implement the plan; shall place1637the provider or school on probation; and shall require the1638provider or school to take certain corrective actions, including1639the use of a curriculum approved by the office under paragraph1640(2)(c) or a staff development plan to strengthen instruction in1641language development and phonological awareness approved by the1642office.16432.A private prekindergarten provider or public school that1644is placed on probation must continue the corrective actions1645required under subparagraph 1., including the use of a1646curriculum or a staff development plan to strengthen instruction1647in language development and phonological awareness approved by1648the office, until the provider or school meets the minimum rate1649adopted by the office as satisfactory under s. 1002.69(6).1650Failure to implement an approved improvement plan or staff1651development plan shall result in the termination of the1652provider’s contract to deliver the Voluntary Prekindergarten1653Education Program for a period of 5 years.16543.If a private prekindergarten provider or public school1655remains on probation for 2 consecutive years and fails to meet1656the minimum rate adopted by the office as satisfactory under s.16571002.69(6) and is not granted a good cause exemption by the1658office pursuant to s. 1002.69(7), the office shall require the1659early learning coalition or the school district to remove, as1660applicable, the provider or school from eligibility to deliver1661the Voluntary Prekindergarten Education Program and receive1662state funds for the program for a period of 5 years.1663(d)Each early learning coalition and the office shall1664coordinate with the Child Care Services Program Office of the1665Department of Children and Families to minimize interagency1666duplication of activities for monitoring private prekindergarten1667providers for compliance with requirements of the Voluntary1668Prekindergarten Education Program under this part, the school1669readiness program under part VI of this chapter, and the1670licensing of providers under ss. 402.301-402.319.1671 Section 40. Section 1002.68, Florida Statutes, is created 1672 to read: 1673 1002.68 Voluntary Prekindergarten Education Program 1674 accountability.— 1675 (1)(a) Beginning with the 2021-2022 program year, each 1676 private prekindergarten provider and public school participating 1677 in the Voluntary Prekindergarten Education Program must 1678 participate in the coordinated screening and progress-monitoring 1679 program in accordance with s. 1008.2125. The coordinated 1680 screening and progress-monitoring program results shall be used 1681 by the department to identify student learning gains, index 1682 development learning outcomes upon program completion relative 1683 to the performance standards established under s. 1002.67 and 1684 representative norms, and inform a provider’s performance 1685 metric. 1686 (b) At a minimum, the initial and final progress-monitoring 1687 or screening must be administered by individuals meeting 1688 requirements adopted by the department pursuant to s. 1008.2125. 1689 (c) Each private prekindergarten provider and public school 1690 must provide a student’s performance results to the student’s 1691 parents no later than 7 days after the administration of such 1692 screening and progress monitoring. 1693 (2) Beginning with the 2020-2021 program year, each private 1694 prekindergarten provider and public school in the Voluntary 1695 Prekindergarten Education Program must participate in a program 1696 assessment of each voluntary prekindergarten education 1697 classroom. The program assessment shall measure the quality of 1698 teacher-child interactions, including emotional and behavioral 1699 support, engaged support for learning, classroom organization, 1700 and instructional support for children ages 3 to 5 years. Each 1701 private prekindergarten provider and public school in the 1702 Voluntary Prekindergarten Education Program shall receive the 1703 results of the program assessment for each classroom within 14 1704 days of the observation. 1705 1706 The program assessment and screening and progress-monitoring 1707 must be administered by individuals meeting requirements 1708 established by rule of the State Board of Education. 1709 (3)(a) For the 2019-2020 program year, the department shall 1710 calculate a performance metric for each provider based upon 1711 learning gains and the percentage of students who are assessed 1712 as ready for kindergarten. The department shall require that 1713 each school district administer the statewide kindergarten 1714 screening in use before the 2020-2021 school year to each 1715 kindergarten student in the school district within the first 30 1716 school days of the 2020-2021 school year. Nonpublic schools may 1717 administer the statewide kindergarten screening to each 1718 kindergarten student in a nonpublic school who was enrolled in 1719 the Voluntary Prekindergarten Education Program. 1720 (b) For the 2020-2021 program year, the department shall 1721 calculate a program performance metric for each provider based 1722 upon learning gains and the program assessment, which shall be 1723 weighted at a minimum of approximately 50 percent of a program’s 1724 performance metric and administered pursuant to this section. 1725 (c) For purposes of this subsection, learning gains shall 1726 be determined using a value-added measure based on growth 1727 demonstrated by the results of the preassessment and 1728 postassessment in use before the 2021-2022 program year. 1729 (d) Any provider who fails to meet the minimum voluntary 1730 prekindergarten readiness rate or program performance metric 1731 during the 2020-2021 program year shall be subject to the 1732 probation requirements of subsection (5). 1733 (4)(a) Beginning with the 2021-2022 program year, the 1734 department shall adopt a methodology for calculating each 1735 provider’s performance metric, which must be based on a 1736 combination of the following: 1737 1. Program assessment scores under subsection (2), which 1738 shall be weighted at approximately 50 percent. 1739 2. Learning gains expressed as the change in ability scores 1740 from the initial and final progress-monitoring results described 1741 in subsection (1). 1742 3. Norm-referenced developmental learning outcomes 1743 described in subsection (1). 1744 (b) For purposes of this subsection, the methodology for 1745 calculation may only include prekindergarten students who have 1746 attended at least 85 percent of a private prekindergarten 1747 provider’s or public school’s program. 1748 (c) The methodology must include a statistical latent 1749 profile analysis that is conducted by a contracted independent 1750 expert with experience in relevant quantitative analysis, early 1751 childhood assessment, and designing state-level accountability 1752 systems. Such expert must be able to produce a limited number of 1753 program performance metric profiles that summarize all programs’ 1754 profiles that inform the assignment of a letter grading system 1755 to include grades “A” through “F.” The contracted independent 1756 expert may not be a direct stakeholder or have had a financial 1757 interest in the design or delivery of the Voluntary 1758 Prekindergarten Education Program or public school systems 1759 within the last 5 years. 1760 (d) The grading system must provide for a differential 1761 payment to a private prekindergarten provider and public school 1762 based on program performance. The maximum differential payment 1763 may not exceed a total of 15 percent of the base student 1764 allocation per full-time equivalent as defined in s. 1002.71. A 1765 private prekindergarten provider or public school may not 1766 receive a differential if it is assigned a grade of “C” or 1767 below. Before the adoption of a methodology, the department and 1768 the contracted expert shall confer with the Council for Early 1769 Grade Success under s. 1008.2125 before receiving approval for 1770 the final recommendations on the grading system and differential 1771 payments. 1772 (e) The department shall adopt procedures to annually 1773 calculate each private prekindergarten provider’s and public 1774 school’s program performance metric and grade based on the 1775 methodology adopted in paragraphs (a) and (b). Beginning with 1776 the 2022-2023 program year, each private prekindergarten 1777 provider or public school shall be assigned a grade within 45 1778 days of the conclusion of the school year Voluntary 1779 Prekindergarten Education Program delivered by all participating 1780 private prekindergarten providers or public schools and within 1781 45 days of the conclusion of the summer prekindergarten program 1782 delivered by all participating private prekindergarten providers 1783 or public schools. 1784 (f) The department shall adopt a minimum program 1785 performance metric or grade that, if achieved by a private 1786 prekindergarten provider or public school, would demonstrate the 1787 provider’s or school’s satisfactory delivery of the Voluntary 1788 Prekindergarten Education Program. 1789 (5)(a) If a public school’s or private prekindergarten 1790 provider’s program assessment composite score for its 1791 prekindergarten classrooms fails to meet the minimum threshold 1792 for contracting established by the department pursuant to s. 1793 1002.82(2)(n), then the public school or private prekindergarten 1794 provider may not participate in the Voluntary Prekindergarten 1795 Education Program beginning in the subsequent program year and 1796 thereafter until the public school or private prekindergarten 1797 provider meets the minimum threshold for contracting. 1798 (b) If a private prekindergarten provider’s or public 1799 school’s program performance metric or grade falls below the 1800 minimum program performance metric or grade, the early learning 1801 coalition or school district, as applicable, shall: 1802 1. Require the provider or school to submit an improvement 1803 plan for approval by the coalition or school district, as 1804 applicable, and to implement the plan; 1805 2. Place the provider or school on probation; and 1806 3. Require the provider or school to take certain 1807 corrective actions, including the use of a curriculum approved 1808 by the department under s. 1002.67(2)(c) or a staff development 1809 plan approved by the department to strengthen instructional 1810 practices in emotional and behavioral support, engaged support 1811 for learning, classroom organization, language development, 1812 phonological awareness, alphabet knowledge, and mathematical 1813 thinking. 1814 (c) A private prekindergarten provider or public school 1815 that is placed on probation must continue the corrective actions 1816 required under paragraph (b) until the provider or school meets 1817 the minimum program performance metric or grade adopted by the 1818 department. Failure to meet the requirements of subparagraphs 1819 (b)1. and 3. shall result in the termination of the provider’s 1820 or school’s contract to deliver the Voluntary Prekindergarten 1821 Education Program for a period of at least 2 years but no more 1822 than 5 years. 1823 (d) If a private prekindergarten provider or public school 1824 remains on probation for 2 consecutive years and fails to meet 1825 the minimum program performance metric or grade, or is not 1826 granted a good cause exemption by the department, the department 1827 shall require the early learning coalition or the school 1828 district to revoke the provider’s or school’s eligibility to 1829 deliver the Voluntary Prekindergarten Education Program and 1830 receive state funds for the program for a period of at least 2 1831 years but no more than 5 years. 1832 (6)(a) The department, upon the request of a private 1833 prekindergarten provider or public school that remains on 1834 probation for at least 2 consecutive years and subsequently 1835 fails to meet the minimum program performance metric or grade 1836 adopted pursuant to paragraph (5)(c), and for good cause shown, 1837 may grant to the provider or school an exemption from being 1838 determined ineligible to deliver the Voluntary Prekindergarten 1839 Education Program and receive state funds for the program. Such 1840 exemption is valid for 1 year and, upon the request of the 1841 private prekindergarten provider or public school and for good 1842 cause shown, may be renewed. 1843 (b) A private prekindergarten provider’s or public school’s 1844 request for a good cause exemption, or renewal of such an 1845 exemption, must be submitted to the department in the manner and 1846 within the timeframes prescribed by the department and must 1847 include the following: 1848 1. Data from the private prekindergarten provider or public 1849 school which documents the achievement and progress of the 1850 children served, as measured by any required screenings or 1851 assessments. 1852 2. Data from the program assessment required under s. 1853 1002.55 which demonstrates effective teaching practices as 1854 recognized by the contracted expert. 1855 3. Data from the early learning coalition or district 1856 school board, as applicable, the Department of Children and 1857 Families, the local licensing authority, or an accrediting 1858 association, as applicable, relating to the private 1859 prekindergarten provider’s or public school’s compliance with 1860 state and local health and safety standards. 1861 (c) The department shall adopt criteria for granting good 1862 cause exemptions. Such criteria must include, but are not 1863 limited to, all of the following: 1864 1. Child demographic data that evidences a private 1865 prekindergarten provider or public school serves a statistically 1866 significant population of children with special needs who have 1867 individual education plans and can demonstrate progress toward 1868 meeting the goals outlined in the students’ individual education 1869 plans. 1870 2. Learning gains of children served in the Voluntary 1871 Prekindergarten Education Program by the private prekindergarten 1872 provider or public school on an alternative measure that has 1873 comparable validity and reliability of the screening and 1874 progress-monitoring program in accordance with s. 1008.2125. 1875 3. Program assessment data under subsection (2) which 1876 demonstrates effective teaching practices as recognized by the 1877 contracted expert. 1878 4. Verification that local and state health and safety 1879 requirements are met. 1880 (d) A good cause exemption may not be granted to any 1881 private prekindergarten provider or public school that has any 1882 Class I violations or two or more Class II violations within the 1883 2 years preceding the provider’s or school’s request for the 1884 exemption. For purposes of this paragraph, Class I and Class II 1885 violations have the same meaning as provided in s. 1002.945. 1886 (e) A private prekindergarten provider or public school 1887 granted a good cause exemption shall continue to implement its 1888 improvement plan and continue the corrective actions required 1889 under subsection (5)(b) until the provider or school meets the 1890 minimum program performance metric. 1891 (f) If a good cause exemption is granted to a private 1892 prekindergarten provider or public school that remains on 1893 probation for 2 consecutive years, the department shall notify 1894 the early learning coalition or school district of the good 1895 cause exemption and direct that the coalition or school district 1896 not remove the provider from eligibility to deliver the 1897 Voluntary Prekindergarten Education Program or to receive state 1898 funds for the program if the provider meets all other applicable 1899 requirements of this part. 1900 (g) The department shall report the number of Voluntary 1901 Prekindergarten Education Program providers or public schools 1902 that have received a good cause exemption and the reasons for 1903 the exemptions as part of its annual reporting requirements 1904 under s. 1002.82(5). 1905 (7) Representatives from the school districts and early 1906 learning coalitions must meet annually to develop strategies to 1907 transition students from the Voluntary Prekindergarten Education 1908 Program to kindergarten. 1909 Section 41. Section 1002.69, Florida Statutes, is repealed. 1910 Section 42. Paragraph (c) of subsection (3), subsection 1911 (4), paragraph (b) of subsection (5), paragraphs (b) and (d) of 1912 subsection (6), and subsection (7) of section 1002.71, Florida 1913 Statutes, are amended to read: 1914 1002.71 Funding; financial and attendance reporting.— 1915 (3) 1916 (c) The initial allocation shall be based on estimated 1917 student enrollment in each coalition service area. The 1918 departmentOffice of Early Learningshall reallocate funds among 1919 the coalitions based on actual full-time equivalent student 1920 enrollment in each coalition service area. Each coalition shall 1921 report student enrollment pursuant to subsection (2) on a 1922 monthly basis. A student enrollment count for the prior fiscal 1923 year may not be amended after September 30 of the subsequent 1924 fiscal year. 1925 (4) Notwithstanding s. 1002.53(3) and subsection (2): 1926 (a) A child who, for any of the prekindergarten programs 1927 listed in s. 1002.53(3), has not completed more than 70 percent 1928 of the hours authorized to be reported for funding under 1929 subsection (2), or has not expended more than 70 percent of the 1930 funds authorized for the child under s. 1002.66, may withdraw 1931 from the program for good cause and reenroll in one of the 1932 programs. The total funding for a child who reenrolls in one of 1933 the programs for good cause may not exceed one full-time 1934 equivalent student. Funding for a child who withdraws and 1935 reenrolls in one of the programs for good cause shall be issued 1936 in accordance with the department’sOffice of Early Learning’s1937 uniform attendance policy adopted pursuant to paragraph (6)(d). 1938 (b) A child who has not substantially completed any of the 1939 prekindergarten programs listed in s. 1002.53(3) may withdraw 1940 from the program due to an extreme hardship that is beyond the 1941 child’s or parent’s control, reenroll in one of the summer 1942 programs, and be reported for funding purposes as a full-time 1943 equivalent student in the summer program for which the child is 1944 reenrolled. 1945 1946 A child may reenroll only once in a prekindergarten program 1947 under this section. A child who reenrolls in a prekindergarten 1948 program under this subsection may not subsequently withdraw from 1949 the program and reenroll, unless the child is granted a good 1950 cause exemption under this subsection. The departmentOffice of1951Early Learningshall establish criteria specifying whether a 1952 good cause exists for a child to withdraw from a program under 1953 paragraph (a), whether a child has substantially completed a 1954 program under paragraph (b), and whether an extreme hardship 1955 exists which is beyond the child’s or parent’s control under 1956 paragraph (b). 1957 (5) 1958 (b) The departmentOffice of Early Learningshall adopt 1959 procedures for the payment of private prekindergarten providers 1960 and public schools delivering the Voluntary Prekindergarten 1961 Education Program. The procedures shall provide for the advance 1962 payment of providers and schools based upon student enrollment 1963 in the program, the certification of student attendance, and the 1964 reconciliation of advance payments in accordance with the 1965 uniform attendance policy adopted under paragraph (6)(d). The 1966 procedures shall provide for the monthly distribution of funds 1967 by the departmentOffice of Early Learningto the early learning 1968 coalitions for payment by the coalitions to private 1969 prekindergarten providers and public schools. 1970 (6) 1971 (b)1. Each private prekindergarten provider’s and district 1972 school board’s attendance policy must require the parent of each 1973 student in the Voluntary Prekindergarten Education Program to 1974 verify, each month, the student’s attendance on the prior 1975 month’s certified student attendance. 1976 2. The parent must submit the verification of the student’s 1977 attendance to the private prekindergarten provider or public 1978 school on forms prescribed by the departmentOffice of Early1979Learning. The forms must include, in addition to the 1980 verification of the student’s attendance, a certification, in 1981 substantially the following form, that the parent continues to 1982 choose the private prekindergarten provider or public school in 1983 accordance with s. 1002.53 and directs that payments for the 1984 program be made to the provider or school: 1985 VERIFICATION OF STUDENT’S ATTENDANCE 1986 AND CERTIFICATION OF PARENTAL CHOICE 1987 I, ...(Name of Parent)..., swear (or affirm) that my child, 1988 ...(Name of Student)..., attended the Voluntary Prekindergarten 1989 Education Program on the days listed above and certify that I 1990 continue to choose ...(Name of Provider or School)... to deliver 1991 the program for my child and direct that program funds be paid 1992 to the provider or school for my child. 1993 ...(Signature of Parent)... 1994 ...(Date)... 1995 3. The private prekindergarten provider or public school 1996 must keep each original signed form for at least 2 years. Each 1997 private prekindergarten provider must permit the early learning 1998 coalition, and each public school must permit the school 1999 district, to inspect the original signed forms during normal 2000 business hours. The departmentOffice of Early Learningshall 2001 adopt procedures for early learning coalitions and school 2002 districts to review the original signed forms against the 2003 certified student attendance. The review procedures shall 2004 provide for the use of selective inspection techniques, 2005 including, but not limited to, random sampling. Each early 2006 learning coalition and the school districts must comply with the 2007 review procedures. 2008 (d) The departmentOffice of Early Learningshall adopt, 2009 for funding purposes, a uniform attendance policy for the 2010 Voluntary Prekindergarten Education Program. The attendance 2011 policy must apply statewide and apply equally to all private 2012 prekindergarten providers and public schools. The attendance 2013 policy must include at least the following provisions: 2014 1. A student’s attendance may be reported on a pro rata 2015 basis as a fractional part of a full-time equivalent student. 2016 2. At a maximum, 20 percent of the total payment made on 2017 behalf of a student to a private prekindergarten provider or a 2018 public school may be for hours a student is absent. 2019 3. A private prekindergarten provider or public school may 2020 not receive payment for absences that occur before a student’s 2021 first day of attendance or after a student’s last day of 2022 attendance. 2023 2024 The uniform attendance policy shall be used only for funding 2025 purposes and does not prohibit a private prekindergarten 2026 provider or public school from adopting and enforcing its 2027 attendance policy under paragraphs (a) and (c). 2028 (7) The departmentOffice of Early Learningshall require 2029 that administrative expenditures be kept to the minimum 2030 necessary for efficient and effective administration of the 2031 Voluntary Prekindergarten Education Program. Administrative 2032 policies and procedures shall be revised, to the maximum extent 2033 practicable, to incorporate the use of automation and electronic 2034 submission of forms, including those required for child 2035 eligibility and enrollment, provider and class registration, and 2036 monthly certification of attendance for payment. A school 2037 district may use its automated daily attendance reporting system 2038 for the purpose of transmitting attendance records to the early 2039 learning coalition in a mutually agreed-upon format. In 2040 addition, actions shall be taken to reduce paperwork, eliminate 2041 the duplication of reports, and eliminate other duplicative 2042 activities. Each early learning coalition may retain and expend 2043 no more than 4.0 percent of the funds paid by the coalition to 2044 private prekindergarten providers and public schools under 2045 paragraph (5)(b). Funds retained by an early learning coalition 2046 under this subsection may be used only for administering the 2047 Voluntary Prekindergarten Education Program and may not be used 2048 for the school readiness program or other programs. 2049 Section 43. Subsection (1) of section 1002.72, Florida 2050 Statutes, is amended to read: 2051 1002.72 Records of children in the Voluntary 2052 Prekindergarten Education Program.— 2053 (1)(a) The records of a child enrolled in the Voluntary 2054 Prekindergarten Education Program held by an early learning 2055 coalition, the departmentOffice of Early Learning, or a 2056 Voluntary Prekindergarten Education Program provider are 2057 confidential and exempt from s. 119.07(1) and s. 24(a), Art. I 2058 of the State Constitution. For purposes of this section, such 2059 records include assessment data, health data, records of teacher 2060 observations, and personal identifying information of an 2061 enrolled child and his or her parent. 2062 (b) This exemption applies to the records of a child 2063 enrolled in the Voluntary Prekindergarten Education Program held 2064 by an early learning coalition, the departmentOffice of Early2065Learning, or a Voluntary Prekindergarten Education Program 2066 provider before, on, or after the effective date of this 2067 exemption. 2068 Section 44. Section 1002.73, Florida Statutes, is amended 2069 to read: 2070 1002.73 Department of Education; powers and duties; 2071 accountability requirements.— 2072 (1) The department shall adopt by rule a standard statewide 2073 provider contract to be used with each Voluntary Prekindergarten 2074 Education Program provider, with standardized attachments by 2075 provider type. The department shall publish a copy of the 2076 standard statewide provider contract on its website. The 2077 standard statewide provider contract shall include, at a 2078 minimum, provisions for provider probation, termination for 2079 cause, and emergency termination for those actions or inactions 2080 of a provider that pose an immediate and serious danger to the 2081 health, safety, or welfare of children. The standard statewide 2082 provider contract shall also include appropriate due process 2083 procedures. During the pendency of an appeal of a termination, 2084 the provider may not continue to offer its services. Any 2085 provision imposed upon a provider that is inconsistent with, or 2086 prohibited by, law is void and unenforceableadminister the2087accountability requirements of the Voluntary Prekindergarten2088Education Program at the state level. 2089 (2) The department shall adopt procedures forits: 2090 (a) Approval of prekindergarten director credentials under 2091 ss. 1002.55 and 1002.57. 2092 (b) Approval of emergent literacy training courses under 2093 ss. 1002.55 and 1002.59. 2094 (c) Annually notifying providers placed on probation for 2095 not meeting the minimum performance metric as required by s. 2096 1002.68 of the free and low-cost, high-quality professional 2097 development opportunities developed or supported by the 2098 department. 2099 (3) The department shall adopt procedures governing the 2100 administration of the Voluntary Prekindergarten Education 2101 Program by the early learning coalitions and school districts 2102 for: 2103 (a) Enrolling children in and determining the eligibility 2104 of children for the Voluntary Prekindergarten Education Program 2105 under s. 1002.53, which shall include the enrollment of children 2106 by public schools and private providers that meet specified 2107 requirements. 2108 (b) Providing parents with profiles of private 2109 prekindergarten providers and public schools under s. 1002.53. 2110 (c) Registering private prekindergarten providers and 2111 public schools to deliver the program under ss. 1002.55, 2112 1002.61, and 1002.63. 2113 (d) Determining the eligibility of private prekindergarten 2114 providers to deliver the program under ss. 1002.55 and 1002.61 2115 and streamlining the process of determining provider eligibility 2116 whenever possible. 2117 (e) Verifying the compliance of private prekindergarten 2118 providers and public schools and removing providers or schools 2119 from eligibility to deliver the program due to noncompliance or 2120 misconduct as provided in s. 1002.67. 2121 (f) Paying private prekindergarten providers and public 2122 schools under s. 1002.71. 2123 (g) Documenting and certifying student enrollment and 2124 student attendance under s. 1002.71. 2125 (h) Reconciling advance payments in accordance with the 2126 uniform attendance policy under s. 1002.71. 2127 (i) Reenrolling students dismissed by a private 2128 prekindergarten provider or public school for noncompliance with 2129 the provider’s or school district’s attendance policy under s. 2130 1002.71. 2131 (4) The department shall administer the accountability 2132 requirements of the Voluntary Prekindergarten Education Program 2133 at the state level. 2134 (5) The department shall adopt rules governing the 2135 administration of the Voluntary Prekindergarten Education 2136 Program by the early learning coalitions and school districts 2137 for: 2138 (a) Approving improvement plans of private prekindergarten 2139 providers and public schools under s. 1002.68. 2140 (b) Placing private prekindergarten providers and public 2141 schools on probation and requiring corrective actions under s. 2142 1002.68. 2143 (c) Removing a private prekindergarten provider or public 2144 school from eligibility to deliver the program due to the 2145 provider’s or school’s remaining on probation beyond the time 2146 permitted under s. 1002.68. Notwithstanding any other law, if a 2147 private prekindergarten provider has been cited for a Class I 2148 violation, as defined by rule by the Child Care Services Program 2149 Office of the Department of Children and Families, the coalition 2150 may refuse to contract with the provider or revoke the 2151 provider’s eligibility to deliver the Voluntary Prekindergarten 2152 Education Program. 2153 (d) Enrolling children in and determining the eligibility 2154 of children for the Voluntary Prekindergarten Education Program 2155 under s. 1002.66. 2156 (e) Paying specialized instructional services providers 2157 under s. 1002.66. 2158(c)Administration of the statewide kindergarten screening2159and calculation of kindergarten readiness rates under s.21601002.69.2161(d)Implementation of, and determination of costs2162associated with, the state-approved prekindergarten enrollment2163screening and the standardized postassessment approved by the2164department, and determination of the learning gains of students2165who complete the state-approved prekindergarten enrollment2166screening and the standardized postassessment approved by the2167department.2168 (f)(e)ApprovingApproval ofspecialized instructional 2169 services providers under s. 1002.66. 2170(f)Annual reporting of the percentage of kindergarten2171students who meet all state readiness measures.2172 (g) Granting of a private prekindergarten provider’s or 2173 public school’s request for a good cause exemption under s. 2174 1002.68s. 1002.69(7). 2175 (6) The department shall adopt procedures for the 2176 distribution of funds to early learning coalitions under s. 2177 1002.71. 2178 (7)(3)Except as provided by law, the department may not 2179 impose requirements on a private prekindergarten provider or 2180 public school that does not deliver the Voluntary 2181 Prekindergarten Education Program or receive state funds under 2182 this part. 2183 Section 45. Sections 1002.75 and 1002.77, Florida Statutes, 2184 are repealed. 2185 Section 46. Section 1002.79, Florida Statutes, is amended 2186 to read: 2187 1002.79 Rulemaking authority.—The State Board of Education 2188Office of Early Learningshall adopt rules under ss. 120.536(1) 2189 and 120.54 to administer the provisions of this part conferring 2190 duties upon the departmentoffice. 2191 Section 47. Subsections (13) through (16) of section 2192 1002.81, Florida Statutes, are renumbered as subsections (12) 2193 through (15), respectively, and subsections (3), (4), and (12) 2194 of that section are amended, to read: 2195 1002.81 Definitions.—Consistent with the requirements of 45 2196 C.F.R. parts 98 and 99 and as used in this part, the term: 2197 (3) “PrevailingAveragemarket rate” means the biennially 2198 determined 75th percentile of a reasonable frequency 2199 distributionaverageof the market rate by program care level 2200 and provider type in a predetermined geographic market at which 2201 child care providers charge a person for child care services. 2202 (4) “Direct enhancement services” means services for 2203 families and children that are in addition to payments for the 2204 placement of children in the school readiness program. Direct 2205 enhancement services for families and children may include 2206 supports for providers, parent training and involvement 2207 activities, and strategies to meet the needs of unique 2208 populations and local eligibility priorities. Direct enhancement 2209 services offered by an early learning coalition shall be 2210 consistent with the activities prescribed in s. 1002.89(5)(b)s.22111002.89(6)(b). 2212(12)“Office” means the Office of Early Learning of the2213Department of Education.2214 Section 48. Subsections (1) through (5) of section 1002.82, 2215 Florida Statutes, are amended to read: 2216 1002.82 Department of EducationOffice of Early Learning; 2217 powers and duties.— 2218 (1) For purposes of administration of the Child Care and 2219 Development Block Grant Trust Fund, pursuant to 45 C.F.R. parts 2220 98 and 99, the Department of EducationOffice of Early Learning2221 is designated as the lead agency and must comply with lead 2222 agency responsibilities pursuant to federal law. The department 2223officemay apply to the Governor and Cabinet for a waiver of, 2224 and the Governor and Cabinet may waive, any provision of ss. 2225 411.223 and 1003.54 if the waiver is necessary for 2226 implementation of the school readiness program. Section 2227 125.901(2)(a)3. does not apply to the school readiness program. 2228 (2) The departmentofficeshall: 2229 (a) Focus on improving the educational quality delivered by 2230 all providers participating in the school readiness program. 2231 (b) Preserve parental choice by permitting parents to 2232 choose from a variety of child care categories, including 2233 center-based care, family child care, and informal child care to 2234 the extent authorized in the state’s Child Care and Development 2235 Fund Plan as approved by the United States Department of Health 2236 and Human Services pursuant to 45 C.F.R. s. 98.18. Care and 2237 curriculum by a faith-based provider may not be limited or 2238 excluded in any of these categories. 2239 (c) Be responsible for the prudent use of all public and 2240 private funds in accordance with all legal and contractual 2241 requirements, safeguarding the effective use of federal, state, 2242 and local resources to achieve the highest practicable level of 2243 school readiness for the children described in s. 1002.87, 2244 including: 2245 1. The adoption of a uniform chart of accounts for 2246 budgeting and financial reporting purposes that provides 2247 standardized definitions for expenditures and reporting, 2248 consistent with the requirements of 45 C.F.R. part 98 and s. 2249 1002.89 for each of the following categories of expenditure: 2250 a. Direct services to children. 2251 b. Administrative costs. 2252 c. Quality activities. 2253 d. Nondirect services. 2254 2. Coordination with other state and federal agencies to 2255 perform data matches on children participating in the school 2256 readiness program and their families in order to verify the 2257 children’s eligibility pursuant to s. 1002.87. 2258 (d) Establish procedures for the biennial calculation of 2259 the prevailingaveragemarket rate. 2260 (e) Review each early learning coalition’s school readiness 2261 program plan every 2 years and provide final approval of the 2262 plan and any amendments submitted. 2263 (f) Establish a unified approach to the state’s efforts to 2264 coordinate a comprehensive early learning program. In support of 2265 this effort, the departmentoffice: 2266 1. Shall adopt specific program support services that 2267 address the state’s school readiness program, including: 2268 a. Statewide data information program requirements that 2269 include: 2270 (I) Eligibility requirements. 2271 (II) Financial reports. 2272 (III) Program accountability measures. 2273 (IV) Child progress reports. 2274 b. Child care resource and referral services. 2275 c. A single point of entry and uniform waiting list. 2276 2. May provide technical assistance and guidance on 2277 additional support services to complement the school readiness 2278 program, including: 2279 a. Rating and improvement systems. 2280 b. Warm-Line services. 2281 c. Anti-fraud plans. 2282 d. School readiness program standards. 2283 e. Child screening and assessments. 2284 f. Training and support for parental involvement in 2285 children’s early education. 2286 g. Family literacy activities and services. 2287 (g) Provide technical assistance to early learning 2288 coalitions. 2289 (h) In cooperation with the early learning coalitions, 2290 coordinate with the Child Care Services Program Office of the 2291 Department of Children and Families to reduce paperwork and to 2292 avoid duplicating interagency activities, health and safety 2293 monitoring, and acquiring and composing data pertaining to child 2294 care training and credentialing. 2295 (i) Enter into a memorandum of understanding with local 2296 licensing agencies and the Child Care Services Program Office of 2297 the Department of Children and Families for inspections of 2298 school readiness program providers to monitor and verify 2299 compliance with s. 1002.88 and the health and safety checklist 2300 adopted by the departmentoffice. The provider contract of a 2301 school readiness program provider that refuses permission for 2302 entry or inspection shall be terminated. The health and safety 2303 checklist may not exceed the requirements of s. 402.305 and the 2304 Child Care and Development Fund pursuant to 45 C.F.R. part 98. A 2305 child development program operating on a military installation 2306 that is certified by the United States Department of Defense and 2307 accredited by a national accrediting body is exempt from the 2308 inspection requirements under s. 1002.88. 2309 (j) Monitor the alignment and consistency of theDevelop2310and adoptstandards and benchmarks developed and adopted by the 2311 department that address the age-appropriate progress of children 2312 in the development of school readiness skills. The standards for 2313 children from birth to 5 years of age in the school readiness 2314 program must be aligned with the performance standards adopted 2315 for children in the Voluntary Prekindergarten Education Program 2316 and must address the following domains: 2317 1. Approaches to learning. 2318 2. Cognitive development and general knowledge. 2319 3. Numeracy, language, and communication. 2320 4. Physical development. 2321 5. Self-regulation. 2322 (k) Identify observation-based child assessments that are 2323 valid, reliable, and developmentally appropriate for use at 2324 least three times a year. The assessments must: 2325 1. Provide interval level and criterion-referenced data 2326 that measures equivalent levels of growth across the core 2327 domains of early childhood development and that can be used for 2328 determining developmentally appropriate learning gains. 2329 2. Measure progress in the performance standards adopted 2330 pursuant to paragraph (j). 2331 3. Provide for appropriate accommodations for children with 2332 disabilities and English language learners and be administered 2333 by qualified individuals, consistent with the developer’s 2334 instructions. 2335 4. Coordinate with the performance standards adopted by the 2336 department under s. 1002.67(1) for the Voluntary Prekindergarten 2337 Education Program. 2338 5. Provide data in a format for use in the single statewide 2339 information system to meet the requirements of paragraph (q) 2340(p). 2341 (l) Adopt a list of approved curricula that meet the 2342 performance standards for the school readiness program and 2343 establish a process for the review and approval of a provider’s 2344 curriculum that meets the performance standards. 2345 (m) Provide technical support to an early learning 2346 coalition to facilitate the use ofAdopt by rulea standard 2347 statewide provider contract to be used with each school 2348 readiness program provider, with standardized attachments by 2349 provider type. The departmentofficeshall publish a copy of the 2350 standard statewide provider contract on its website. The 2351 standard statewide contract shall include, at a minimum, 2352 contracted slots, if applicable, in accordance with the Child 2353 Care and Development Block Grant Act of 2014, 45 C.F.R. parts 98 2354 and 99; quality improvement strategies, if applicable; program 2355 assessment requirements; and provisions for provider probation, 2356 termination for cause, and emergency termination for those 2357 actions or inactions of a provider that pose an immediate and 2358 serious danger to the health, safety, or welfare of the 2359 children. The standard statewide provider contract shall also 2360 include appropriate due process procedures. During the pendency 2361 of an appeal of a termination, the provider may not continue to 2362 offer its services. Any provision imposed upon a provider that 2363 is inconsistent with, or prohibited by, law is void and 2364 unenforceable. Provisions for termination for cause must also 2365 include failure to meet the minimum quality measures established 2366 under paragraph (n) for a period of up to 5 years, unless the 2367 coalition determines that the provider is essential to meeting 2368 capacity needs based on the assessment under s. 1002.85(2)(j) 2369 and the provider has an active improvement plan pursuant to 2370 paragraph (n). 2371 (n) Adopt a program assessment for school readiness program 2372 providers that measures the quality of teacher-child 2373 interactions, including emotional and behavioral support, 2374 engaged support for learning, classroom organization, and 2375 instructional support for children ages birth to 5 years. The 2376 implementation of the program assessment must also include the 2377 following components adopted by rule by the State Board of 2378 Education: 2379 1. Quality measures, including a minimum threshold for 2380 contracting purposes and program improvement through an 2381 improvement plan. 2382 2. Requirements for program participation, frequency of 2383 program assessment, and exemptions. 2384 (o) No later than July 1, 2019, develop a differential 2385 payment program based on the quality measures adopted by the 2386 departmentofficeunder paragraph (n). The differential payment 2387 may not exceed a total of 15 percent for each care level and 2388 unit of child care for a child care provider. No more than 5 2389 percent of the 15 percent total differential may be provided to 2390 providers who submit valid and reliable data to the statewide 2391 information system in the domains of language and executive 2392 functioning using a child assessment identified pursuant to 2393 paragraph (k). Providers below the minimum threshold for 2394 contracting purposes are ineligible for such payment. 2395 (p) No later than July 1, 2021, develop and adopt 2396 requirements for the implementation of a program designed to 2397 make available contracted slots to serve an at-risk child, as 2398 defined in s. 1002.81(1)(d) and (f), and to serve children at 2399 the greatest risk of school failure as determined by the 2400 children being located in an area that has been designated as a 2401 poverty area tract according to the latest census data. The 2402 contracted slot program may also be used to increase the 2403 availability of child care capacity based on the assessment 2404 under s. 1002.85(2)(j). 2405 (q)(p)Establish a single statewide information system that 2406 each coalition must use for the purposes of managing the single 2407 point of entry, tracking children’s progress, coordinating 2408 services among stakeholders, determining eligibility of 2409 children, tracking child attendance, and streamlining 2410 administrative processes for providers and early learning 2411 coalitions. By July 1, 2019, the system, subject to ss. 1002.72 2412 and 1002.97, shall: 2413 1. Allow a parent to monitor the development of his or her 2414 child as the child moves among programs within the state. 2415 2. Enable analysis at the state, regional, and local level 2416 to measure child growth over time, program impact, and quality 2417 improvement and investment decisions. 2418 (r)(q)Provide technical support to coalitions to 2419 facilitate the use ofAdopt by rulestandardized procedures 2420 adopted by rule by the State Board of Education for coalitions 2421 to use when monitoring the compliance of school readiness 2422 program providers with the terms of the standard statewide 2423 provider contract. 2424 (s)(r)Monitor and evaluate the performance of each early 2425 learning coalition in administering the school readiness 2426 program, ensuring proper payments for school readiness program 2427 services, implementing the coalition’s school readiness program 2428 plan, and administering the Voluntary Prekindergarten Education 2429 Program. These monitoring and performance evaluations must 2430 include, at a minimum, onsite monitoring of each coalition’s 2431 finances, management, operations, and programs. 2432 (t)(s)Work in conjunction with the Bureau of Federal 2433 Education Programs within the Department of Education to 2434 coordinate readiness and voluntary prekindergarten services to 2435 the populations served by the bureau. 2436 (u)(t)Administer a statewide toll-free Warm-Line to 2437 provide assistance and consultation to child care facilities and 2438 family day care homes regarding health, developmental, 2439 disability, and special needs issues of the children they are 2440 serving, particularly children with disabilities and other 2441 special needs. The departmentofficeshall: 2442 1. Annually inform child care facilities and family day 2443 care homes of the availability of this service through the child 2444 care resource and referral network under s. 1002.92. 2445 2. Expand or contract for the expansion of the Warm-Line to 2446 maintain at least one Warm-Line in each early learning coalition 2447 service area. 2448 (v)(u)Develop and implement strategies to increase the 2449 supply and improve the quality of child care services for 2450 infants and toddlers, children with disabilities, children who 2451 receive care during nontraditional hours, children in 2452 underserved areas, and children in areas that have significant 2453 concentrations of poverty and unemployment. 2454 (w)(v)Establish preservice and inservice training 2455 requirements that address, at a minimum, school readiness child 2456 development standards, health and safety requirements, and 2457 social-emotional behavior intervention models, which may include 2458 positive behavior intervention and support models, including the 2459 integration of early learning professional development pathways 2460 established in s. 1002.995. 2461 (x)(w)Establish standards for emergency preparedness plans 2462 for school readiness program providers. 2463 (y)(x)Establish group sizes. 2464 (z)(y)Establish staff-to-children ratios that do not 2465 exceed the requirements of s. 402.302(8) or (11) or s. 2466 402.305(4), as applicable, for school readiness program 2467 providers. 2468 (aa)(z)Establish eligibility criteria, including 2469 limitations based on income and family assets, in accordance 2470 with s. 1002.87 and federal law. 2471 (3) If the departmentofficedetermines during the review 2472 of school readiness program plans, or through monitoring and 2473 performance evaluations conducted under s. 1002.85, that an 2474 early learning coalition has not substantially implemented its 2475 plan, has not substantially met the performance standards and 2476 outcome measures adopted by the departmentoffice, or has not 2477 effectively administered the school readiness program or 2478 Voluntary Prekindergarten Education Program, the department 2479officemaytemporarilycontract with a qualified entity to 2480 continue school readiness program and prekindergarten services 2481 in the coalition’s county or multicounty region until the 2482 departmentofficereestablishes the coalition and a new school 2483 readiness program plan is approved in accordance with the rules 2484 adopted by the State Board of Educationoffice. 2485 (4) The departmentofficemay request the Governor to apply 2486 for a waiver to allow a coalition to administer the Head Start 2487 Program to accomplish the purposes of the school readiness 2488 program. 2489 (5) By January 1 of each year, the departmentofficeshall 2490 annually publish on its website a report of its activities 2491 conducted under this section. The report must include a summary 2492 of the coalitions’ annual reports, a statewide summary, and the 2493 following: 2494 (a) An analysis of early learning activities throughout the 2495 state, including the school readiness program and the Voluntary 2496 Prekindergarten Education Program. 2497 1. The total and average number of children served in the 2498 school readiness program, enumerated by age, eligibility 2499 priority category, and coalition, and the total number of 2500 children served in the Voluntary Prekindergarten Education 2501 Program. 2502 2. A summary of expenditures by coalition, by fund source, 2503 including a breakdown by coalition of the percentage of 2504 expenditures for administrative activities, quality activities, 2505 nondirect services, and direct services for children. 2506 3. A description of the department’soffice’sand each 2507 coalition’s expenditures by fund source for the quality and 2508 enhancement activities described in s. 1002.89(5)(b)s.25091002.89(6)(b). 2510 4. A summary of annual findings and collections related to 2511 provider fraud and parent fraud. 2512 5. Data regarding the coalitions’ delivery of early 2513 learning programs. 2514 6. The total number of children disenrolled statewide and 2515 the reason for disenrollment. 2516 7. The total number of providers by provider type. 2517 8. The number of school readiness program providers who 2518 have completed the program assessment required under paragraph 2519 (2)(n); the number of providers who have not met the minimum 2520 threshold for contracting established under paragraph (2)(n); 2521 and the number of providers that have an active improvement plan 2522 based on the results of the program assessment under paragraph 2523 (2)(n). 2524 9. The total number of provider contracts revoked and the 2525 reasons for revocation. 2526 (b) A summary of the activities and detailed expenditures 2527 related to the Child Care Executive Partnership Program. 2528 Section 49. Subsections (1), (2), and (3), paragraph (m) of 2529 subsection (4), and subsections (5), (11), and (13) of section 2530 1002.83, Florida Statutes, are amended to read: 2531 1002.83 Early learning coalitions.— 2532 (1) ThirtyThirty-oneor fewer early learning coalitions 2533 are established and shall maintain direct enhancement services 2534 at the local level and provide access to such services in all 67 2535 counties. Two or more early learning coalitions may join for 2536 purposes of planning and implementing a school readiness program 2537 and the Voluntary Prekindergarten Education Program. 2538 (2) Each early learning coalition shall be composed of at 2539 least 15 members but not more than 30 members. 2540 (3) The Governor shall appoint the chair and two other 2541 members of each early learning coalition, who must each meet the 2542samequalifications of aasprivate sector business member 2543members appointed by the coalitionunder subsection (5). 2544 (4) Each early learning coalition must include the 2545 following member positions; however, in a multicounty coalition, 2546 each ex officio member position may be filled by multiple 2547 nonvoting members but no more than one voting member shall be 2548 seated per member position. If an early learning coalition has 2549 more than one member representing the same entity, only oneof2550such membersmay serve as a voting member: 2551(m)A central agency administrator, where applicable.2552 (5)Including theMembers appointed by the Governor under 2553 subsection (3), more than one-third of the members of each early 2554 learning coalition must be private sector business members, 2555 either for-profit or nonprofit, who do not have, and none of 2556 whose relatives as defined in s. 112.3143 has, a substantial 2557 financial interest in the design or delivery of the Voluntary 2558 Prekindergarten Education Program created under part V of this 2559 chapter or the school readiness program. To meet this 2560 requirement, an early learning coalition must appoint additional 2561 members. The departmentofficeshall establish criteria for 2562 appointing private sector business members. These criteria must 2563 include standards for determining whether a member or relative 2564 has a substantial financial interest in the design or delivery 2565 of the Voluntary Prekindergarten Education Program or the school 2566 readiness program. 2567 (11) Each early learning coalition shall establish terms 2568 for all appointed members of the coalition. The terms must be 2569 staggered and must be a uniform length that does not exceed 4 2570 years per term. Coalition chairs shall be appointed for 4 years 2571 in conjunction with their membership on the Early Learning 2572 Advisory Council pursuant to s. 20.052. Appointed members may 2573 serve a maximum of two consecutive terms. When a vacancy occurs 2574 in an appointed position, the coalition must advertise the 2575 vacancy. 2576 (13) Each early learning coalition shall use a coordinated 2577 professional development system that supports the achievement 2578 and maintenance of core competencies by school readiness program 2579 teachers in helping children attain the performance standards 2580 adopted by the departmentoffice. 2581 Section 50. Subsections (17) through (20) of section 2582 1002.84, Florida Statutes, are renumbered as subsections (16) 2583 through (19), respectively, and subsections (1), (2), (4), (7), 2584 (8), (15), and (16) and present subsections (17), (18), and (20) 2585 of that section are amended to read: 2586 1002.84 Early learning coalitions; school readiness powers 2587 and duties.—Each early learning coalition shall: 2588 (1) Administer and implement a local comprehensive program 2589 of school readiness program services in accordance with this 2590 part and the rules adopted by the State Board of Education 2591office, which enhances the cognitive, social, and physical 2592 development of children to achieve the performance standards. 2593 (2) Establish a uniform waiting list to track eligible 2594 children waiting for enrollment in the school readiness program 2595 in accordance with rules adopted by the State Board of Education 2596office. 2597 (4) Establish a regional Warm-Line as directed by the 2598 departmentofficepursuant to s. 1002.82(2)(u)s. 1002.82(2)(t). 2599 Regional Warm-Line staff shall provide onsite technical 2600 assistance, when requested, to assist child care facilities and 2601 family day care homes with inquiries relating to the strategies, 2602 curriculum, and environmental adaptations the child care 2603 facilities and family day care homes may need as they serve 2604 children with disabilities and other special needs. 2605 (7) Determine child eligibility pursuant to s. 1002.87 and 2606 provider eligibility pursuant to s. 1002.88. Child eligibility 2607 must be redetermined annually. A coalition must document the 2608 reason a child is no longer eligible for the school readiness 2609 program according to the standard codes prescribed by the 2610 departmentoffice. 2611 (8) Establish a parent sliding fee scale that provides for 2612 a parent copayment that is not a barrier to families receiving 2613 school readiness program services.Providers are required to2614collect the parent’s copayment.A coalition may, on a case-by2615case basis,waive the copayment for an at-risk child or 2616 temporarily waive the copayment for a child whose family’s 2617 income is at or below the federal poverty level orandwhose 2618 family experiences a natural disaster or an event that limits 2619 the parent’s ability to pay, such as incarceration, placement in 2620 residential treatment, or becoming homeless, or an emergency 2621 situation such as a household fire or burglary, or while the 2622 parent is participating in parenting classes or participating in 2623 an Early Head Start program or Head Start Program. A parent may 2624 not transfer school readiness program services to another school 2625 readiness program provider until the parent has submitted 2626 documentation from the current school readiness program provider 2627 to the early learning coalition stating that the parent has 2628 satisfactorily fulfilled the copayment obligation. 2629 (15) Monitor school readiness program providers in 2630 accordance with its plan, or in response to a parental 2631 complaint, to verify that the standards prescribed in ss. 2632 1002.82 and 1002.88 are being met using a standard monitoring 2633 tool adopted by the departmentoffice. Providers determined to 2634 be high-risk by the coalition, as demonstrated by substantial 2635 findings of violations of federal law or the general or local 2636 laws of the state, shall be monitored more frequently. Providers 2637 with 3 consecutive years of compliance may be monitored 2638 biennially. 2639(16)Adopt a payment schedule that encompasses all programs2640funded under this part and part V of this chapter. The payment2641schedule must take into consideration the average market rate,2642include the projected number of children to be served, and be2643submitted for approval by the office. Informal child care2644arrangements shall be reimbursed at not more than 50 percent of2645the rate adopted for a family day care home.2646 (16)(17)Implement an anti-fraud plan addressing the 2647 detection, reporting, and prevention of overpayments, abuse, and 2648 fraud relating to the provision of and payment for school 2649 readiness program and Voluntary Prekindergarten Education 2650 Program services and submit the plan to the departmentoffice2651 for approval, as required by s. 1002.91. 2652 (17)(18)By October 1 of each year, submit an annual report 2653 to the departmentoffice. The report mustshallconform to the 2654 format adopted by the departmentofficeand must include: 2655 (a) Segregation of school readiness program funds, 2656 Voluntary Prekindergarten Education Program funds, Child Care 2657 Executive Partnership Program funds, and other local revenues 2658 available to the coalition. 2659 (b) Details of expenditures by fund source, including total 2660 expenditures for administrative activities, quality activities, 2661 nondirect services, and direct services for children. 2662 (c) The total number of coalition staff and the related 2663 expenditures for salaries and benefits. For any subcontracts, 2664 the total number of contracted staff and the related 2665 expenditures for salaries and benefits must be included. 2666 (d) The number of children served in the school readiness 2667 program, by provider type, enumerated by age and eligibility 2668 priority category, reported as the number of children served 2669 during the month, the average participation throughout the 2670 month, and the number of children served during the month. 2671 (e) The total number of children disenrolled during the 2672 year and the reasons for disenrollment. 2673 (f) The total number of providers by provider type. 2674 (g) A listing of any school readiness program provider, by 2675 type, whose eligibility to deliver the school readiness program 2676 is revoked, including a brief description of the state or 2677 federal violation that resulted in the revocation. 2678 (h) An evaluation of its direct enhancement services. 2679 (i) The total number of children served in each provider 2680 facility. 2681 (19)(a)(20)To increase transparency and accountability, 2682 comply with the requirements of this section before contracting 2683 with one or more of the following persons or business entities 2684 which employs, has a contractual relationship with, or is owned 2685 by the following persons: 2686 1. A member of the coalition appointed pursuant to s. 2687 1002.83(4); 2688 2. A board member of any other early learning subrecipient 2689 entity; 2690 3. A coalition employee; or 2691 4. A relative, as defined in s. 112.3143(1)(c), of any 2692 person identified in subparagraphs 1.-3a coalition member or of2693an employee of the coalition. 2694 (b) Such contracts may not be executed without the approval 2695 of the departmentoffice. Such contracts, as well as 2696 documentation demonstrating adherence to this section by the 2697 coalition, must be approved by a two-thirds vote of the 2698 coalition, a quorum having been established; all conflicts of 2699 interest must be disclosed before the vote; and any member who 2700 may benefit from the contract, or whose relative may benefit 2701 from the contract, must abstain from the vote. A contract under 2702 $25,000between an early learning coalition and a member of that2703coalition or between a relative, as defined in s.2704112.3143(1)(c), of a coalition member or of an employee of the2705coalitionis not required to have the prior approval of the 2706 departmentofficebut must be approved by a two-thirds vote of 2707 the coalition, a quorum having been established, and must be 2708 reported to the departmentofficewithin 30 days after approval. 2709 If a contract cannot be approved by the departmentoffice, a 2710 review of the decision to disapprove the contract may be 2711 requested by the early learning coalition or other parties to 2712 the disapproved contract. 2713 Section 51. Section 1002.85, Florida Statutes, is amended 2714 to read: 2715 1002.85 Early learning coalition plans.— 2716 (1) The departmentofficeshall adopt rules prescribing the 2717 standardized format and required content of school readiness 2718 program plans as necessary for a coalition or other qualified 2719 entity to administer the school readiness program as provided in 2720 this part. 2721 (2) Each early learning coalition must biennially submit a 2722 school readiness program plan to the departmentofficebefore 2723 the expenditure of funds. A coalition may not implement its 2724 school readiness program plan until it receives approval from 2725 the departmentoffice. A coalition may not implement any 2726 revision to its school readiness program plan until the 2727 coalition submits the revised plan to and receives approval from 2728 the departmentoffice. If the departmentofficerejects a plan 2729 or revision, the coalition must continue to operate under its 2730 previously approved plan. The plan must include, but is not 2731 limited to: 2732 (a) The coalition’s operations, including its membership 2733 and business organization, and the coalition’s articles of 2734 incorporation and bylaws if the coalition is organized as a 2735 corporation. If the coalition is not organized as a corporation 2736 or other business entity, the plan must include the contract 2737 with a fiscal agent. 2738 (b) The minimum number of children to be served by care 2739 level. 2740 (c) The coalition’s procedures for implementing the 2741 requirements of this part, including: 2742 1. Single point of entry. 2743 2. Uniform waiting list. 2744 3. Eligibility and enrollment processes and local 2745 eligibility priorities for children pursuant to s. 1002.87. 2746 4. Parent access and choice. 2747 5. Sliding fee scale and policies on applying the waiver or 2748 reduction of fees in accordance with s. 1002.84(8). 2749 6. Use of preassessments and postassessments, as 2750 applicable. 2751 7. Payment rate schedule. 2752 8. Use of contracted slots, as applicable, based on the 2753 results of the assessment required under paragraph (j). 2754 (d) A detailed description of the coalition’s quality 2755 activities and services, including, but not limited to: 2756 1. Resource and referral and school-age child care. 2757 2. Infant and toddler early learning. 2758 3. Inclusive early learning programs. 2759 4. Quality improvement strategies that strengthen teaching 2760 practices and increase child outcomes. 2761 (e) A detailed budget that outlines estimated expenditures 2762 for state, federal, and local matching funds at the lowest level 2763 of detail available by other-cost-accumulator code number; all 2764 estimated sources of revenue with identifiable descriptions; a 2765 listing of full-time equivalent positions; contracted 2766 subcontractor costs with related annual compensation amount or 2767 hourly rate of compensation; and a capital improvements plan 2768 outlining existing fixed capital outlay projects and proposed 2769 capital outlay projects that will begin during the budget year. 2770 (f) A detailed accounting, in the format prescribed by the 2771 departmentoffice, of all revenues and expenditures during the 2772 previous state fiscal year. Revenue sources should be 2773 identifiable, and expenditures should be reported by three 2774 categories: state and federal funds, local matching funds, and 2775 Child Care Executive Partnership Program funds. 2776 (g) Updated policies and procedures, including those 2777 governing procurement, maintenance of tangible personal 2778 property, maintenance of records, information technology 2779 security, and disbursement controls. 2780 (h) A description of the procedures for monitoring school 2781 readiness program providers, including in response to a parental 2782 complaint, to determine that the standards prescribed in ss. 2783 1002.82 and 1002.88 are met using a standard monitoring tool 2784 adopted by the departmentoffice. Providers determined to be 2785 high risk by the coalition as demonstrated by substantial 2786 findings of violations of law shall be monitored more 2787 frequently. 2788 (i) Documentation that the coalition has solicited and 2789 considered comments regarding the proposed school readiness 2790 program plan from the local community. 2791 (j) An assessment of local priorities within the county or 2792 multicounty region based on the needs of families and provider 2793 capacity using available community data. 2794 (3) The coalition may periodically amend its plan as 2795 necessary. An amended plan must be submitted to and approved by 2796 the departmentofficebefore any expenditures are incurred on 2797 the new activities proposed in the amendment. 2798 (4) The departmentofficeshall publish a copy of the 2799 standardized format and required content of school readiness 2800 program plans on its website. 2801 (5) The departmentofficeshall collect and report data on 2802 coalition delivery of early learning programs. Elements must 2803shallinclude, but need not beare notlimited to, measures 2804 related to progress towards reducing the number of children on 2805 the waiting list, the percentage of children served by the 2806 program as compared to the number of administrative staff and 2807 overhead, the percentage of children served compared to total 2808 number of children under the age of 5 years below 150 percent of 2809 the federal poverty level, provider payment processes, fraud 2810 intervention, child attendance and stability, use of child care 2811 resource and referral, and kindergarten readiness outcomes for 2812 children in the Voluntary Prekindergarten Education Program or 2813 the school readiness program upon entry into kindergarten. The 2814 departmentofficeshall request input from the coalitions and 2815 school readiness program providers before finalizing the format 2816 and data to be used. The report shall be implemented beginning 2817 July 1, 2014, and results of the report must be included in the 2818 annual report under s. 1002.82. 2819 Section 52. Paragraphs (a), (b), (c), (e), (f), (m), (n), 2820 (p), and (q) of subsection (1) and subsection (3) of section 2821 1002.88, Florida Statutes, are amended, and paragraph (s) is 2822 added to subsection (1) of that section, to read: 2823 1002.88 School readiness program provider standards; 2824 eligibility to deliver the school readiness program.— 2825 (1) To be eligible to deliver the school readiness program, 2826 a school readiness program provider must: 2827 (a) Be a child care facility licensed under s. 402.305, a 2828 family day care home licensed or registered under s. 402.313, a 2829 large family child care home licensed under s. 402.3131, a 2830 public school or nonpublic school exempt from licensure under s. 2831 402.3025, a faith-based child care provider exempt from 2832 licensure under s. 402.316, a before-school or after-school 2833 program described in s. 402.305(1)(c), a child development 2834 program operating on a military installation that is certified 2835 by the United States Department of Defense and accredited by a 2836 national accrediting body,oran informal child care provider to 2837 the extent authorized in the state’s Child Care and Development 2838 Fund Plan as approved by the United States Department of Health 2839 and Human Services pursuant to 45 C.F.R. s. 98.18, or a provider 2840 who has been issued a provisional license pursuant to s. 2841 402.309. A provider may not deliver the program while its 2842 license has been converted to a probation-status license 2843 pursuant to s. 402.310. 2844 (b) Provide instruction and activities to enhance the age 2845 appropriate progress of each child in attaining the child 2846 development standards adopted by the departmentofficepursuant 2847 to s. 1002.82(2)(j). A provider should include activities to 2848 foster brain development in infants and toddlers; provide an 2849 environment that is rich in language and music and filled with 2850 objects of various colors, shapes, textures, and sizes to 2851 stimulate visual, tactile, auditory, and linguistic senses; and 2852 include 30 minutes of reading to children each day. 2853 (c) Provide basic health and safety of its premises and 2854 facilities and compliance with requirements for age-appropriate 2855 immunizations of children enrolled in the school readiness 2856 program. 2857 1. For a provider that is licensed, compliance with s. 2858 402.305, s. 402.3131, or s. 402.313 and this subsection, as 2859 verified pursuant to s. 402.311, satisfies this requirement. 2860 2. For a provider that is a registered family day care home 2861 or is not subject to licensure or registration by the Department 2862 of Children and Families, compliance with this subsection, as 2863 verified pursuant to s. 402.311, satisfies this requirement. 2864 Upon verification pursuant to s. 402.311, the provider shall 2865 annually post the health and safety checklist adopted by the 2866 departmentofficeprominently on its premises in plain sight for 2867 visitors and parents and shall annually submit the checklist to 2868 its local early learning coalition. 2869 3. For a child development program operating on a military 2870 installation that is certified by the United States Department 2871 of Defense and accredited by a national accrediting body, the 2872 submission and verification of annual inspections pursuant to 2873 United States Department of Defense Instructions 6060.2 and 2874 1402.05 satisfy this requirement. 2875 (e) Employ child care personnel, as defined in s. 2876 402.302(3), who have satisfied the screening requirements of 2877 chapter 402 and fulfilled the training requirements of the 2878 departmentoffice. 2879 (f) Implement one of the curricula approved by the 2880 departmentofficethat meets the child development standards. 2881 (m) For a provider that is not an informal provider, 2882 maintain general liability insurance and provide the coalition 2883 with written evidence of general liability insurance coverage, 2884 including coverage for transportation of children if school 2885 readiness program children are transported by the provider. A 2886 provider must obtain and retain an insurance policy that 2887 provides a minimum of $100,000 of coverage per occurrence and a 2888 minimum of $300,000 general aggregate coverage. The department 2889officemay authorize lower limits upon request, as appropriate. 2890 A provider must add the coalition as a named certificateholder 2891 and as an additional insured. A provider must provide the 2892 coalition with a minimum of 10 calendar days’ advance written 2893 notice of cancellation of or changes to coverage. The general 2894 liability insurance required by this paragraph must remain in 2895 full force and effect for the entire period of the provider 2896 contract with the coalition. 2897 (n) For a provider that is an informal provider, comply 2898 with the provisions of paragraph (m) or maintain homeowner’s 2899 liability insurance and, if applicable, a business rider. If an 2900 informal provider chooses to maintain a homeowner’s policy, the 2901 provider must obtain and retain a homeowner’s insurance policy 2902 that provides a minimum of $100,000 of coverage per occurrence 2903 and a minimum of $300,000 general aggregate coverage. The 2904 departmentofficemay authorize lower limits upon request, as 2905 appropriate. An informal provider must add the coalition as a 2906 named certificateholder and as an additional insured. An 2907 informal provider must provide the coalition with a minimum of 2908 10 calendar days’ advance written notice of cancellation of or 2909 changes to coverage. The general liability insurance required by 2910 this paragraph must remain in full force and effect for the 2911 entire period of the provider’s contract with the coalition. 2912 (p) Notwithstanding paragraph (m), for a provider that is a 2913 state agency or a subdivision thereof, as defined in s. 2914 768.28(2), agree to notify the coalition of any additional 2915 liability coverage maintained by the provider in addition to 2916 that otherwise established under s. 768.28. The provider shall 2917 indemnify the coalition to the extent permitted by s. 768.28. 2918 Notwithstanding paragraph (m), for a child development program 2919 operating on a military installation that is certified by the 2920 United States Department of Defense and accredited by a national 2921 accrediting body, the provider may demonstrate liability 2922 coverage by affirming that it is subject to the Federal Tort 2923 Claims Act, 28 U.S.C. ss. 2671 et seq. 2924 (q) Execute the standard statewide provider contract 2925 adopted by the departmentoffice. 2926 (s) Collect all parent copayment fees unless a waiver has 2927 been granted under s. 1002.84(8). 2928 (3) The departmentofficeand the coalitions may not: 2929 (a) Impose any requirement on a child care provider or 2930 early childhood education provider that does not deliver 2931 services under the school readiness program or receive state or 2932 federal funds under this part; 2933 (b) Impose any requirement on a school readiness program 2934 provider that exceeds the authority provided under this part or 2935 part V of this chapter or rules adopted pursuant to this part or 2936 part V of this chapter; or 2937 (c) Require a provider to administer a preassessment or 2938 postassessment or, after its implementation, the program 2939 assessment required under s. 1002.67. 2940 Section 53. Subsections (3) through (7) of section 1002.89, 2941 Florida Statutes, are renumbered as subsections (2) through (6), 2942 respectively, and subsections (2), (3), and (6) of that section 2943 are amended, to read: 2944 1002.89 School readiness program; funding.— 2945 (2)The office shall administer school readiness program2946funds and prepare and submit a unified budget request for the2947school readiness program in accordance with chapter 216.2948(3)All instructions to early learning coalitions for 2949 administering this section shall emanate from the department 2950officein accordance with the policies of the Legislature. 2951 (5)(6)Costs shall be kept to the minimum necessary for the 2952 efficient and effective administration of the school readiness 2953 program with the highest priority of expenditure being direct 2954 services for eligible children. However, no more than 5 percent 2955 of the funds described in subsection (4)subsection (5)may be 2956 used for administrative costs and no more than 22 percent of the 2957 funds described in subsection (4)subsection (5)may be used in 2958 any fiscal year for any combination of administrative costs, 2959 quality activities, and nondirect services as follows: 2960 (a) Administrative costs as described in 45 C.F.R. s. 2961 98.52, which shall include monitoring providers using the 2962 standard methodology adopted under s. 1002.82 to improve 2963 compliance with state and federal regulations and law pursuant 2964 to the requirements of the statewide provider contract adopted 2965 under s. 1002.82(2)(m). 2966 (b) Activities to improve the quality of child care as 2967 described in 45 C.F.R. s. 98.51, which shall be limited to the 2968 following: 2969 1. Developing, establishing, expanding, operating, and 2970 coordinating resource and referral programs specifically related 2971 to the provision of comprehensive consumer education to parents 2972 and the public to promote informed child care choices specified 2973 in 45 C.F.R. s. 98.33. 2974 2. Awarding grants and providing financial support to 2975 school readiness program providers and their staff to assist 2976 them in meeting applicable state requirements for the program 2977 assessment required under s. 1002.82(2)(n), child care 2978 performance standards, implementing developmentally appropriate 2979 curricula and related classroom resources that support 2980 curricula, providing literacy supports, and providing continued 2981 professional development and training. Any grants awarded 2982 pursuant to this subparagraph shall comply with ss. 215.971 and 2983 287.058. 2984 3. Providing training, technical assistance, and financial 2985 support to school readiness program providers, staff, and 2986 parents on standards, child screenings, child assessments, child 2987 development research and best practices, developmentally 2988 appropriate curricula, character development, teacher-child 2989 interactions, age-appropriate discipline practices, health and 2990 safety, nutrition, first aid, cardiopulmonary resuscitation, the 2991 recognition of communicable diseases, and child abuse detection, 2992 prevention, and reporting. 2993 4. Providing, from among the funds provided for the 2994 activities described in subparagraphs 1.-3., adequate funding 2995 for infants and toddlers as necessary to meet federal 2996 requirements related to expenditures for quality activities for 2997 infant and toddler care. 2998 5. Improving the monitoring of compliance with, and 2999 enforcement of, applicable state and local requirements as 3000 described in and limited by 45 C.F.R. s. 98.40. 3001 6. Responding to Warm-Line requests by providers and 3002 parents, including providing developmental and health screenings 3003 to school readiness program children. 3004 (c) Nondirect services as described in applicable Office of 3005 Management and Budget instructions are those services not 3006 defined as administrative, direct, or quality services that are 3007 required to administer the school readiness program. Such 3008 services include, but are not limited to: 3009 1. Assisting families to complete the required application 3010 and eligibility documentation. 3011 2. Determining child and family eligibility. 3012 3. Recruiting eligible child care providers. 3013 4. Processing and tracking attendance records. 3014 5. Developing and maintaining a statewide child care 3015 information system. 3016 3017 As used in this paragraph, the term “nondirect services” does 3018 not include payments to school readiness program providers for 3019 direct services provided to children who are eligible under s. 3020 1002.87, administrative costs as described in paragraph (a), or 3021 quality activities as described in paragraph (b). 3022 Section 54. Subsection (1), paragraph (a) of subsection 3023 (2), and subsections (4), (5), and (6) of section 1002.895, 3024 Florida Statutes, are amended to read: 3025 1002.895 Market rate schedule.—The school readiness program 3026 market rate schedule shall be implemented as follows: 3027 (1) The departmentofficeshall establish procedures for 3028 the adoption of a market rate schedule. The schedule must 3029 include, at a minimum, county-by-county rates: 3030 (a) The market rate, including the minimum and the maximum 3031 rates for child care providers that hold a Gold Seal Quality 3032 Care designation under s. 1002.945 and adhere to its accrediting 3033 association’s teacher-to-child ratios and group size 3034 requirementss. 402.281. 3035 (b) The market rate for child care providers that do not 3036 hold a Gold Seal Quality Care designation. 3037 (2) The market rate schedule, at a minimum, must: 3038 (a) Differentiate rates by type, including, but not limited 3039 to, a child care provider that holds a Gold Seal Quality Care 3040 designation under s. 1002.945 and adheres to its accrediting 3041 association’s teacher-to-child ratios and group size 3042 requirementss. 402.281, a child care facility licensed under s. 3043 402.305, a public or nonpublic school exempt from licensure 3044 under s. 402.3025, a faith-based child care facility exempt from 3045 licensure under s. 402.316 that does not hold a Gold Seal 3046 Quality Care designation, a large family child care home 3047 licensed under s. 402.3131, or a family day care home licensed 3048 or registered under s. 402.313. 3049 (4) The market rate schedule shall be considered by the 3050 Early Learning Program Estimating Conference under s. 216.136(8) 3051an early learning coalitionin the adoption of a payment 3052 schedule. The payment schedule must take into consideration the 3053 prevailingaveragemarket rate, include the projected number of 3054 children to be served by each county, and be submitted for3055approval by the office. Informal child care arrangements shall 3056 be reimbursed at not more than 50 percent of the rate adopted 3057 for a family day care home. 3058 (5) The departmentofficemay contract with one or more 3059 qualified entities to administer this section and provide 3060 support and technical assistance for child care providers. 3061 (6) The State Board of Educationofficemay adopt rules for 3062 establishing procedures for the collection of child care 3063 providers’ market rate, the calculation of the prevailing 3064averagemarket rate by program care level and provider type in a 3065 predetermined geographic market, and the publication of the 3066 market rate schedule. 3067 Section 55. Section 1002.91, Florida Statutes, is amended 3068 to read: 3069 1002.91 Investigations of fraud or overpayment; penalties.— 3070 (1) As used in this subsection, the term “fraud” means an 3071 intentional deception, omission, or misrepresentation made by a 3072 person with knowledge that the deception, omission, or 3073 misrepresentation may result in unauthorized benefit to that 3074 person or another person, or any aiding and abetting of the 3075 commission of such an act. The term includes any act that 3076 constitutes fraud under applicable federal or state law. 3077 (2) To recover state, federal, and local matching funds, 3078 the departmentofficeshall investigate early learning 3079 coalitions, recipients, and providers of the school readiness 3080 program and the Voluntary Prekindergarten Education Program to 3081 determine possible fraud or overpayment. If by its own 3082 inquiries, or as a result of a complaint, the departmentoffice3083 has reason to believe that a person, coalition, or provider has 3084 engaged in, or is engaging in, a fraudulent act, it shall 3085 investigate and determine whether any overpayment has occurred 3086 due to the fraudulent act. During the investigation, the 3087 departmentofficemay examine all records, including electronic 3088 benefits transfer records, and make inquiry of all persons who 3089 may have knowledge as to any irregularity incidental to the 3090 disbursement of public moneys or other items or benefits 3091 authorizations to recipients. 3092 (3) Based on the results of the investigation, the 3093 departmentofficemay, in its discretion, refer the 3094 investigation to the Department of Financial Services for 3095 criminal investigation or refer the matter to the applicable 3096 coalition. Any suspected criminal violation identified by the 3097 departmentofficemust be referred to the Department of 3098 Financial Services for criminal investigation. 3099 (4) An early learning coalition may suspend or terminate a 3100 provider from participation in the school readiness program or 3101 the Voluntary Prekindergarten Education Program when it has 3102 reasonable cause to believe that the provider has committed 3103 fraud. The State Board of Educationofficeshall adopt by rule 3104 appropriate due process procedures that the early learning 3105 coalition shall apply in suspending or terminating any provider, 3106 including the suspension or termination of payment. If 3107 suspended, the provider shall remain suspended until the 3108 completion of any investigation by the departmentoffice, the 3109 Department of Financial Services, or any other state or federal 3110 agency, and any subsequent prosecution or other legal 3111 proceeding. 3112 (5) If a school readiness program provider or a Voluntary 3113 Prekindergarten Education Program provider, or an owner, 3114 officer, or director thereof, is convicted of, found guilty of, 3115 or pleads guilty or nolo contendere to, regardless of 3116 adjudication, public assistance fraud pursuant to s. 414.39, or 3117 is acting as the beneficial owner for someone who has been 3118 convicted of, found guilty of, or pleads guilty or nolo 3119 contendere to, regardless of adjudication, public assistance 3120 fraud pursuant to s. 414.39, the early learning coalition shall 3121 refrain from contracting with, or using the services of, that 3122 provider for a period of 5 years. In addition, the coalition 3123 shall refrain from contracting with, or using the services of, 3124 any provider that shares an officer or director with a provider 3125 that is convicted of, found guilty of, or pleads guilty or nolo 3126 contendere to, regardless of adjudication, public assistance 3127 fraud pursuant to s. 414.39 for a period of 5 years. 3128 (6) If the investigation is not confidential or otherwise 3129 exempt from disclosure by law, the results of the investigation 3130 may be reported by the departmentofficeto the appropriate 3131 legislative committees, the Department of Children and Families, 3132 and such other persons as the departmentofficedeems 3133 appropriate. 3134 (7) The early learning coalition may not contract with a 3135 school readiness program provider or a Voluntary Prekindergarten 3136 Education Program provider who is on the United States 3137 Department of Agriculture National Disqualified List. In 3138 addition, the coalition may not contract with any provider that 3139 shares an officer or director with a provider that is on the 3140 United States Department of Agriculture National Disqualified 3141 List. 3142 (8) Each early learning coalition shall adopt an anti-fraud 3143 plan addressing the detection and prevention of overpayments, 3144 abuse, and fraud relating to the provision of and payment for 3145 school readiness program and Voluntary Prekindergarten Education 3146 Program services and submit the plan to the departmentoffice3147 for approval. The State Board of Educationofficeshall adopt 3148 rules establishing criteria for the anti-fraud plan, including 3149 appropriate due process provisions. The anti-fraud plan must 3150 include, at a minimum: 3151 (a) A written description or chart outlining the 3152 organizational structure of the plan’s personnel who are 3153 responsible for the investigation and reporting of possible 3154 overpayment, abuse, or fraud. 3155 (b) A description of the plan’s procedures for detecting 3156 and investigating possible acts of fraud, abuse, or overpayment. 3157 (c) A description of the plan’s procedures for the 3158 mandatory reporting of possible overpayment, abuse, or fraud to 3159 the Office of Inspector General within the departmentoffice. 3160 (d) A description of the plan’s program and procedures for 3161 educating and training personnel on how to detect and prevent 3162 fraud, abuse, and overpayment. 3163 (e) A description of the plan’s procedures, including the 3164 appropriate due process provisions adopted by the department 3165officefor suspending or terminating from the school readiness 3166 program or the Voluntary Prekindergarten Education Program a 3167 recipient or provider who the early learning coalition believes 3168 has committed fraud. 3169 (9) A person who commits an act of fraud as defined in this 3170 section is subject to the penalties provided in s. 414.39(5)(a) 3171 and (b). 3172 Section 56. Subsections (1) and (2) and paragraph (a) of 3173 subsection (3) of section 1002.92, Florida Statutes, are amended 3174 to read: 3175 1002.92 Child care and early childhood resource and 3176 referral.— 3177 (1) As a part of the school readiness program, the 3178 departmentofficeshall establish a statewide child care 3179 resource and referral network that is unbiased and provides 3180 referrals to families for child care and information on 3181 available community resources. Preference shall be given to 3182 using early learning coalitions as the child care resource and 3183 referral agencies. If an early learning coalition cannot comply 3184 with the requirements to offer the resource information 3185 component or does not want to offer that service, the early 3186 learning coalition shall select the resource and referral agency 3187 for its county or multicounty region based upon the procurement 3188 requirements of s. 1002.84(12). 3189 (2) At least one child care resource and referral agency 3190 must be established in each early learning coalition’s county or 3191 multicounty region. The State Board of Educationofficeshall 3192 adopt rules regarding accessibility of child care resource and 3193 referral services offered through child care resource and 3194 referral agencies in each county or multicounty region which 3195 include, at a minimum, required hours of operation, methods by 3196 which parents may request services, and child care resource and 3197 referral staff training requirements. 3198 (3) Child care resource and referral agencies shall provide 3199 the following services: 3200 (a) Identification of existing public and private child 3201 care and early childhood education services, including child 3202 care services by public and private employers, and the 3203 development of a resource file of those services through the 3204 single statewide information system developed by the department 3205officeunder s. 1002.82(2)(q)s. 1002.82(2)(p). These services 3206 may include family day care, public and private child care 3207 programs, the Voluntary Prekindergarten Education Program, Head 3208 Start, the school readiness program, special education programs 3209 for prekindergarten children with disabilities, services for 3210 children with developmental disabilities, full-time and part 3211 time programs, before-school and after-school programs, vacation 3212 care programs, parent education, the temporary cash assistance 3213 program, and related family support services. The resource file 3214 shall include, but not be limited to: 3215 1. Type of program. 3216 2. Hours of service. 3217 3. Ages of children served. 3218 4. Number of children served. 3219 5. Program information. 3220 6. Fees and eligibility for services. 3221 7. Availability of transportation. 3222 Section 57. Subsection (1) of section 1002.93, Florida 3223 Statutes, is amended to read: 3224 1002.93 School readiness program transportation services.— 3225 (1) The departmentofficemay authorize an early learning 3226 coalition to establish school readiness program transportation 3227 services for children at risk of abuse or neglect who are 3228 participating in the school readiness program, pursuant to 3229 chapter 427. The early learning coalitions may contract for the 3230 provision of transportation services as required by this 3231 section. 3232 Section 58. Subsection (2), paragraphs (b) and (c) of 3233 subsection (3), and subsection (4) of section 1002.94, Florida 3234 Statutes, are amended to read: 3235 1002.94 Child Care Executive Partnership Program.— 3236 (2) The Child Care Executive Partnership, staffed by the 3237 departmentoffice, shall consist of a representative of the 3238 Executive Office of the Governor and nine members of the 3239 corporate or child care community, appointed by the Governor. 3240 (a) Members shall serve for a period of 4 years, except 3241 that the representative of the Executive Office of the Governor 3242 shall serve at the pleasure of the Governor. 3243 (b) The Child Care Executive Partnership shall be chaired 3244 by a member chosen by a majority vote and shall meet at least 3245 quarterly and at other times upon the call of the chair. The 3246 Child Care Executive Partnership may use any method of 3247 telecommunications to conduct meetings, including establishing a 3248 quorum through telecommunications, only if the public is given 3249 proper notice of a telecommunications meeting and reasonable 3250 access to observe and, when appropriate, participate. 3251 (c) Members shall serve without compensation, but may be 3252 reimbursed for per diem and travel expenses in accordance with 3253 s. 112.061. 3254 (d) The Child Care Executive Partnership shall have all the 3255 powers and authority, not explicitly prohibited by law, 3256 necessary to carry out and effectuate the purposes of this 3257 section, as well as the functions, duties, and responsibilities 3258 of the partnership, including, but not limited to, the 3259 following: 3260 1. Making recommendations concerning the implementation and 3261 coordination of the school readiness program. 3262 2. Soliciting, accepting, receiving, investing, and 3263 expending funds from public or private sources. 3264 3. Contracting with public or private entities as 3265 necessary. 3266 4. Approving an annual budget. 3267 5. Providing a report to the Governor, the Speaker of the 3268 House of Representatives, and the President of the Senate on or 3269 before December 1 of each year. 3270 3271 Notwithstanding this subsection, the corporate body politic 3272 previously established by prior law is the corporate body 3273 politic for purposes of this section and shall continue in 3274 existence. All member terms of the existing corporate body 3275 politic expire as of June 30, 2013, and new members shall be 3276 appointed beginning July 1, 2013, in accordance with this 3277 subsection. 3278 (3) 3279 (b) To ensure a seamless service delivery and ease of 3280 access for families, the departmentofficeshall administer the 3281 child care purchasing pool funds. 3282 (c) The departmentoffice, in conjunction with the Child 3283 Care Executive Partnership, shall develop procedures for 3284 disbursement of funds through the child care purchasing pools. 3285 In order to be considered for funding, an early learning 3286 coalition or the departmentofficemust commit to: 3287 1. Matching the state purchasing pool funds on a dollar 3288 for-dollar basis. 3289 2. Expending only those public funds that are matched by 3290 employers, local government, and other matching contributors who 3291 contribute to the purchasing pool. Parents shall also pay a fee, 3292 which may not be less than the amount identified in the early 3293 learning coalition’s school readiness program sliding fee scale. 3294 (4) The State Board of Educationofficemay adopt any rules 3295 necessary for the implementation and administration of this 3296 section. 3297 Section 59. Section 1002.945, Florida Statutes, is created 3298 to read: 3299 1002.945 Gold Seal Quality Care Program.— The Gold Seal 3300 Quality Care Program is established within the department. 3301 (1) A child care facility, large family child care home, or 3302 family day care home that is accredited by an accrediting 3303 association approved by the department under subsection (3) and 3304 meets all other requirements shall, upon application to the 3305 department, receive a separate “Gold Seal Quality Care” 3306 designation. 3307 (2) The State Board of Education shall adopt rules 3308 establishing Gold Seal Quality Care accreditation standards 3309 using nationally recognized accrediting standards as well as 3310 input from accrediting associations. 3311 (3)(a) In order to be approved by the department for 3312 participation in the Gold Seal Quality Care Program, an 3313 accrediting association must apply to the department and 3314 demonstrate that it: 3315 1. Is a recognized accrediting association. 3316 2. Has accrediting standards that substantially meet or 3317 exceed the Gold Seal Quality Care standards adopted by the state 3318 board under subsection (2). 3319 3. Is a registered corporation with the Department of 3320 State. 3321 4. Can provide evidence that the process for accreditation 3322 has, at a minimum, the following components: 3323 a. Clearly defined prerequisites that a child care provider 3324 must meet before beginning the accreditation process; 3325 b. Procedures for completion of a self-study and a 3326 comprehensive onsite verification process for each classroom 3327 that documents compliance with accrediting standards; 3328 c. A training process for accreditation verifiers to ensure 3329 inter-rater reliability; 3330 d. Ongoing compliance procedures to include completion of 3331 an audit and filing of an annual report with the department; 3332 e. Accreditation renewal procedures that include onsite 3333 verification at least every 3 years; 3334 f. A process for verifying continued accreditation 3335 compliance in the event of a transfer of ownership of 3336 facilities; 3337 g. Procedures for the revocation of accreditation due to 3338 failure to maintain accrediting standards; and 3339 h. A process to communicate issues that arise during the 3340 accreditation period with government entities that have a vested 3341 interest in the Gold Seal Quality Care Program, including the 3342 department, the Department of Children and Families, the 3343 Department of Health, applicable local licensing entities, and 3344 the early learning coalition. 3345 (b) Any accrediting association that does not comply with 3346 the processes and procedures submitted and approved by the 3347 department must be removed as a recognized accrediting 3348 association for a period of at least 2 years but no more than 5 3349 years. If an accrediting association is removed from being an 3350 approved accrediting association, each child care provider 3351 accredited by that association has up to 1 year to obtain a new 3352 accreditation from the remaining department approved 3353 accreditation associations. 3354 (4) In order to obtain and maintain a designation as a Gold 3355 Seal Quality Care provider, a child care facility, large family 3356 child care home, or family day care home must meet the following 3357 additional criteria: 3358 (a) The child care provider may not have had any Class I 3359 violations, as defined by rule by the Department of Children and 3360 Families, within the 2 years preceding its application for 3361 designation as a Gold Seal Quality Care provider. Commission of 3362 a Class I violation is grounds for termination of the 3363 designation as a Gold Seal Quality Care provider until the 3364 provider has not had any Class I violations for a period of 2 3365 years. 3366 (b) The child care provider may not have had three or more 3367 Class II violations, as defined by rule by the Department of 3368 Children and Families, within the 2 years preceding its 3369 application for designation as a Gold Seal Quality Care 3370 provider. Commission of three or more Class II violations within 3371 a 2-year period is grounds for termination of the designation as 3372 a Gold Seal Quality Care provider until the provider has not had 3373 any Class II violations for a period of 1 year. 3374 (c) The child care provider may not have been cited for the 3375 same Class III violation, as defined by rule by the Department 3376 of Children and Families, three or more times and failed to 3377 correct the violation within 1 year after the date of each 3378 citation, within the 2 years preceding its application for 3379 designation as a Gold Seal Quality Care provider. Commission of 3380 the same Class III violation three or more times and failure to 3381 correct within the required time during a 2-year period is 3382 grounds for termination of the designation until the provider 3383 has not had any Class III violations for a period of 1 year. 3384 (5) A child care facility licensed under s. 402.305 or a 3385 child care facility exempt from licensing under s. 402.316 that 3386 achieves Gold Seal Quality Care status pursuant to this section 3387 is considered an educational institution for the purpose of 3388 qualifying for exemption from ad valorem tax under s. 196.198. 3389 (6) A child care facility licensed under s. 402.305 or a 3390 child care facility exempt from licensing under s. 402.316 that 3391 achieves Gold Seal Quality Care status pursuant to this section 3392 and that participates in the school readiness program must 3393 receive a minimum of a 20 percent rate differential for each 3394 enrolled school readiness child by care level and unit of child 3395 care. The Early Learning Programs Estimating Conference under s. 3396 216.136(8) may determine a higher rate differential above 20 3397 percent for a school readiness program that maintains group size 3398 and teacher-to-child ratios in accordance with its accrediting 3399 body standards as a function of setting payment rates, but the 3400 rate differential may not exceed 40 percent for each enrolled 3401 school readiness child by care level and unit of child care. 3402 (7) The State Board of Education shall adopt rules under 3403 ss. 120.536(1) and 120.54 which provide criteria and procedures 3404 for reviewing and approving accrediting associations for 3405 participation in the Gold Seal Quality Care Program, and 3406 conferring and revoking Gold Seal Quality Care provider 3407 designations. 3408 Section 60. Section 1002.95, Florida Statutes, is amended 3409 to read: 3410 1002.95 Teacher Education and Compensation Helps (TEACH) 3411 scholarship program.— 3412 (1) The departmentofficemay contract for the 3413 administration of the Teacher Education and Compensation Helps 3414 (TEACH) scholarship program, which provides educational 3415 scholarships to caregivers and administrators of early childhood 3416 programs, family day care homes, and large family child care 3417 homes. The goal of the program is to increase the education and 3418 training for caregivers, increase the compensation for child 3419 caregivers who complete the program requirements, and reduce the 3420 rate of participant turnover in the field of early childhood 3421 education. 3422 (2) The State Board of Educationofficeshall adopt rules 3423 as necessary to administer this section. 3424 Section 61. Subsections (1) and (3) of section 1002.96, 3425 Florida Statutes, are amended to read: 3426 1002.96 Early Head Start collaboration grants.— 3427 (1) Contingent upon specific appropriation, the department 3428officeshall establish a program to award collaboration grants 3429 to assist local agencies in securing Early Head Start programs 3430 through Early Head Start program federal grants. The 3431 collaboration grants shall provide the required matching funds 3432 for public and private nonprofit agencies that have been 3433 approved for Early Head Start program federal grants. 3434 (3) The State Board of Educationofficemay adopt rules as 3435 necessary for the award of collaboration grants to competing 3436 agencies and the administration of the collaboration grants 3437 program under this section. 3438 Section 62. Subsection (1) and paragraph (g) of subsection 3439 (3) of section 1002.97, Florida Statutes, are amended to read: 3440 1002.97 Records of children in the school readiness 3441 program.— 3442 (1) The individual records of children enrolled in the 3443 school readiness program provided under this part, held by an 3444 early learning coalition or the departmentoffice, are 3445 confidential and exempt from s. 119.07(1) and s. 24(a), Art. I 3446 of the State Constitution. For purposes of this section, records 3447 include assessment data, health data, records of teacher 3448 observations, and personal identifying information. 3449 (3) School readiness program records may be released to: 3450 (g) Parties to an interagency agreement among early 3451 learning coalitions, local governmental agencies, providers of 3452 the school readiness program, state agencies, and the department 3453officefor the purpose of implementing the school readiness 3454 program. 3455 3456 Agencies, organizations, or individuals that receive school 3457 readiness program records in order to carry out their official 3458 functions must protect the data in a manner that does not permit 3459 the personal identification of a child enrolled in a school 3460 readiness program and his or her parent by persons other than 3461 those authorized to receive the records. 3462 Section 63. Subsections (1) and (3) of section 1002.995, 3463 Florida Statutes, are amended to read: 3464 1002.995 Early learning professional development standards 3465 and career pathways.— 3466 (1) The departmentofficeshall: 3467 (a) Develop early learning professional development 3468 training and course standards to be utilized for school 3469 readiness program providers. 3470 (b) Identify both formal and informal early learning career 3471 pathways with stackable credentials and certifications that 3472 allow early childhood teachers to access specialized 3473 professional development that: 3474 1. Strengthens knowledge and teaching practices. 3475 2. Aligns to established professional standards and core 3476 competencies. 3477 3. Provides a progression of attainable, competency-based 3478 stackable credentials and certifications. 3479 4. Improves outcomes for children to increase kindergarten 3480 readiness and early grade success. 3481 (3) The State Board of Educationofficeshall adopt rules 3482 to administer this section. 3483 Section 64. Subsection (3) of section 1003.575, Florida 3484 Statutes, is amended to read: 3485 1003.575 Assistive technology devices; findings; 3486 interagency agreements.—Accessibility, utilization, and 3487 coordination of appropriate assistive technology devices and 3488 services are essential as a young person with disabilities moves 3489 from early intervention to preschool, from preschool to school, 3490 from one school to another, from school to employment or 3491 independent living, and from school to home and community. If an 3492 individual education plan team makes a recommendation in 3493 accordance with State Board of Education rule for a student with 3494 a disability, as defined in s. 1003.01(3), to receive an 3495 assistive technology assessment, that assessment must be 3496 completed within 60 school days after the team’s recommendation. 3497 To ensure that an assistive technology device issued to a young 3498 person as part of his or her individualized family support plan, 3499 individual support plan, individualized plan for employment, or 3500 individual education plan remains with the individual through 3501 such transitions, the following agencies shall enter into 3502 interagency agreements, as appropriate, to ensure the 3503 transaction of assistive technology devices: 3504 (3) The Voluntary Prekindergarten Education Program 3505 administered by the Department of Educationand the Office of3506Early Learning. 3507 3508 Interagency agreements entered into pursuant to this section 3509 shall provide a framework for ensuring that young persons with 3510 disabilities and their families, educators, and employers are 3511 informed about the utilization and coordination of assistive 3512 technology devices and services that may assist in meeting 3513 transition needs, and shall establish a mechanism by which a 3514 young person or his or her parent may request that an assistive 3515 technology device remain with the young person as he or she 3516 moves through the continuum from home to school to postschool. 3517 Section 65. Section 1007.01, Florida Statutes, is amended 3518 to read: 3519 1007.01 Articulation; legislative intent; purpose; role of 3520 the State Board of Education and the Board of Governors; 3521 Articulation Coordinating Committee.— 3522 (1) It is the intent of the Legislature to facilitate 3523 articulation and seamless integration of the K-20 education 3524 system by building, sustaining, and strengthening relationships 3525 among Early Learning-20K-20public organizations, between 3526 public and private organizations, and between the education 3527 system as a whole and Florida’s communities. The purpose of 3528 building, sustaining, and strengthening these relationships is 3529 to provide for the efficient and effective progression and 3530 transfer of students within the education system and to allow 3531 students to proceed toward their educational objectives as 3532 rapidly as their circumstances permit. The Legislature further 3533 intends that articulation policies and budget actions be 3534 implemented consistently in the practices of the Department of 3535 Education and postsecondary educational institutions and 3536 expressed in the collaborative policy efforts of the State Board 3537 of Education and the Board of Governors. 3538 (2) To improve and facilitate articulation systemwide, the 3539 State Board of Education and the Board of Governors shall 3540 collaboratively establish and adopt policies with input from 3541 statewide K-20 advisory groups established by the Commissioner 3542 of Education and the Chancellor of the State University System 3543 and shall recommend the policies to the Legislature. The 3544 policies shall relate to: 3545 (a) The alignment between the exit requirements of one 3546 education system and the admissions requirements of another 3547 education system into which students typically transfer. 3548 (b) The identification of common courses, the level of 3549 courses, institutional participation in a statewide course 3550 numbering system, and the transferability of credits among such 3551 institutions. 3552 (c) Identification of courses that meet general education 3553 or common degree program prerequisite requirements at public 3554 postsecondary educational institutions. 3555 (d) Dual enrollment course equivalencies. 3556 (e) Articulation agreements. 3557 (3) The Commissioner of Education, in consultation with the 3558 Chancellor of the State University System, shall establish the 3559 Articulation Coordinating Committee, which shall make 3560 recommendations related to statewide articulation policies and 3561 issues regarding access, quality, and reporting of data 3562 maintained by the educationK-20data warehouse, established 3563 pursuant to ss. 1001.10 and 1008.31, to the Higher Education 3564 Coordination Council, the State Board of Education, and the 3565 Board of Governors. The committee shall consist of two members 3566 each representing the State University System, the Florida 3567 College System, public career and technical education, K-12 3568 education, and nonpublic postsecondary education and one member 3569 representing students. The chair shall be elected from the 3570 membership. The Office of K-20 Articulation shall provide 3571 administrative support for the committee. The committee shall: 3572 (a) Monitor the alignment between the exit requirements of 3573 one education system and the admissions requirements of another 3574 education system into which students typically transfer and make 3575 recommendations for improvement. 3576 (b) Propose guidelines for interinstitutional agreements 3577 between and among public schools, career and technical education 3578 centers, Florida College System institutions, state 3579 universities, and nonpublic postsecondary institutions. 3580 (c) Annually recommend dual enrollment course and high 3581 school subject area equivalencies for approval by the State 3582 Board of Education and the Board of Governors. 3583 (d) Annually review the statewide articulation agreement 3584 pursuant to s. 1007.23 and make recommendations for revisions. 3585 (e) Annually review the statewide course numbering system, 3586 the levels of courses, and the application of transfer credit 3587 requirements among public and nonpublic institutions 3588 participating in the statewide course numbering system and 3589 identify instances of student transfer and admissions 3590 difficulties. 3591 (f) Annually publish a list of courses that meet common 3592 general education and common degree program prerequisite 3593 requirements at public postsecondary institutions identified 3594 pursuant to s. 1007.25. 3595 (g) Foster timely collection and reporting of statewide 3596 education data to improve the Early Learning-20K-20education 3597 performance accountability system pursuant to ss. 1001.10 and 3598 1008.31, including, but not limited to, data quality, 3599 accessibility, and protection of student records. 3600 (h) Recommend roles and responsibilities of public 3601 education entities in interfacing with the single, statewide 3602 computer-assisted student advising system established pursuant 3603 to s. 1006.735. 3604 Section 66. Section 1008.2125, Florida Statutes, is created 3605 to read: 3606 1008.2125 Coordinated screening and progress-monitoring 3607 program for students in the Voluntary Prekindergarten Education 3608 Program through grade 3.— 3609 (1) The primary purpose of the coordinated screening and 3610 progress-monitoring program for students in the Voluntary 3611 Prekindergarten Education Program through grade 3 is to provide 3612 information on students’ progress in mastering the appropriate 3613 grade-level standards to parents, teachers, and school and 3614 program administrators. Data must be used by Voluntary 3615 Prekindergarten Education Program providers and school districts 3616 to improve instruction, by parents and teachers to guide 3617 learning objectives and provide timely and appropriate supports 3618 and interventions to students not meeting grade level 3619 expectations, and by the public to assess the cost benefit of 3620 the expenditure of taxpayer dollars. The program shall: 3621 (a) Assess the progress of students in the Voluntary 3622 Prekindergarten Education Program through grade 3 in meeting the 3623 appropriate expectations in early literacy and math skills and 3624 in English Language Arts and mathematics, as required by ss. 3625 1002.67(1)(a) and 1003.41. 3626 (b) Provide data for accountability of the Voluntary 3627 Prekindergarten Education Program, as required by s. 1002.68. 3628 (c) Provide baseline data to the department of each 3629 student’s readiness for kindergarten, which must be based on 3630 each kindergarten student’s progress-monitoring results within 3631 the first 30 days of enrollment in accordance with paragraph 3632 (2)(a). 3633 (d) Identify the educational strengths and needs of 3634 students in the Voluntary Prekindergarten Education Program 3635 through grade 3. 3636 (e) Provide teachers with progress-monitoring data to 3637 provide timely interventions and supports pursuant to s. 3638 1008.25(5). 3639 (f) Assess how well educational goals and curricular 3640 standards are met at the provider, school, district, and state 3641 levels. 3642 (g) Provide information to aid in the evaluation and 3643 development of educational programs and policies. 3644 (2) The Commissioner of Education shall design a statewide, 3645 standardized screening and progress-monitoring program to assess 3646 early literacy, dyslexia, mathematics skills, and the English 3647 Language Arts and mathematics standards established in ss. 3648 1002.67(1)(a) and 1003.41, respectively. The screening and 3649 progress-monitoring program must provide interval level and 3650 criterion-referenced data that measures equivalent levels of 3651 growth; be a developmentally appropriate, valid, and reliable 3652 direct assessment; be able to capture data on students who may 3653 be performing below grade or developmental level; accurately 3654 measure the core content in the applicable grade level standards 3655 and document learning gains for the achievement of these 3656 standards; and provide teachers with progress monitoring 3657 supports and materials that enhance differentiated instruction 3658 and parent communication. Participation in the screening and 3659 progress-monitoring program is mandatory for all students in the 3660 Voluntary Prekindergarten Education Program and in public 3661 schools. The coordinated screening and progress-monitoring 3662 program must be implemented beginning in the 2021-2022 school 3663 year, as follows: 3664 (a) The Voluntary Prekindergarten Education Program through 3665 grade 3 screening and progress-monitoring program must be 3666 administered within the first 30 days after enrollment, midyear, 3667 and within the last 30 days of the program or school year, in 3668 accordance with the rules adopted by the State Board of 3669 Education. The State Board of Education may adopt alternate 3670 timeframes to address nontraditional school year calendars or 3671 summer programs to ensure that of the Voluntary Prekindergarten 3672 Education Program through grade 3 screening and progress 3673 monitoring is administered at least 3 times within a year or the 3674 duration of a program. 3675 (b) The results of the Voluntary Prekindergarten Education 3676 Program through grade 3 screening and progress-monitoring 3677 program must be reported to the department in accordance with 3678 rule of the State Board of Education, and maintained in the 3679 department’s Education Data Warehouse. 3680 (3) The Commissioner of Education shall: 3681 (a) Develop a plan, in coordination with the Council for 3682 Early Grade Success, for implementing the Voluntary 3683 Prekindergarten Education Program through grade 3 screening and 3684 progress-monitoring program in consideration of the timelines 3685 required for the completion of the review of the Next Generation 3686 Sunshine State Standards and the Voluntary Prekindergarten 3687 Education Program standards. 3688 (b) Include a request for funding in the agency’s 2021-2022 3689 legislative budget request, and each succeeding budget request, 3690 for procurement and the provision of training to Voluntary 3691 Prekindergarten Education Program providers, early learning 3692 coalitions, and school districts. 3693 (c) Provide any requested data, reports, and information to 3694 the Council for Early Grade Success. 3695 (4) The Council for Early Grade Success, a council as 3696 defined in s. 20.03, is created within the Department of 3697 Education to oversee the coordinated screening and progress 3698 monitoring program and, except as otherwise provided in this 3699 section, shall operate consistent with s. 20.052. 3700 (a) The council shall review the implementation of, 3701 training for, and outcomes from the coordinated screening and 3702 progress-monitoring program to provide recommendations to the 3703 department that support the state’s grade 3 students in reading 3704 at or above grade level. At a minimum, the council shall: 3705 1. Provide recommendations on the implementation of the 3706 coordinated screening and progress-monitoring program, including 3707 reviewing any procurement solicitation documents and criteria 3708 prior to being published. 3709 2. Develop training plans and timelines. 3710 3. Identify appropriate personnel, processes, and 3711 procedures required for the administration of the coordinated 3712 screening and progress-monitoring program. 3713 4. Provide input on the methodology for calculating a 3714 provider’s or school’s performance metric and the grading system 3715 pursuant to s. 1002.67. 3716 5. Work with the department to identify a methodology for 3717 determining a child’s kindergarten readiness. 3718 6. Review data on age-appropriate learning gains by grade 3719 level that a student would need to attain in order to 3720 demonstrate proficiency in reading by grade 3. 3721 7. Continually review anonymized data from the results of 3722 the coordinated screening and progress-monitoring program for 3723 students in the Voluntary Prekindergarten Education Program 3724 through grade 3 to help inform recommendations to the department 3725 that support practices that will enable grade 3 students to read 3726 at or above grade level. 3727 (b) The council shall be composed of 15 members, all of 3728 whom must be residents of the state, appointed as follows: 3729 1. One representative of the Department of Education and 3730 one parent of a child who is within the range of 4 to 9 years of 3731 age, both appointed by the Governor. 3732 2. Thirteen members jointly appointed by the President of 3733 the Senate and the Speaker of the House of Representatives, as 3734 follows: 3735 a. One representative of an urban school district. 3736 b. One representative of a rural school district. 3737 c. One representative of an urban early learning coalition. 3738 d. One representative of a rural early learning coalition. 3739 e. One representative of an early learning provider. 3740 f. One representative of a faith-based early learning 3741 provider. 3742 g. One representative who is a kindergarten teacher who has 3743 at least 5 years of teaching experience. 3744 h. One representative who is a grade 2 teacher who has at 3745 least 5 years of teaching experience. 3746 i. One representative who is a school principal. 3747 j. Four representatives with subject matter expertise in 3748 early learning, early grade success, or child assessments, none 3749 of whom may be a direct stakeholder within the 67 early learning 3750 or public school systems or a potential recipient of a contract 3751 negotiated at the recommendation of the council. 3752 (5) The council shall elect a chair and a vice chair. The 3753 chair must be one of the four members with subject matter 3754 expertise in early learning, early grade success, or child 3755 assessments. The vice chair must be a member appointed by the 3756 President of the Senate and the Speaker of the House of 3757 Representatives who is not one of the four members who are 3758 subject matter experts in early learning, early grade success, 3759 or child assessments. Members of the council shall serve without 3760 compensation but are entitled to reimbursement for per diem and 3761 travel expenses pursuant to s. 112.061. 3762 (6) The council must meet at least biannually and may meet 3763 by teleconference or other electronic means, as possible, to 3764 reduce costs. 3765 (7) A majority of the members constitutes a quorum. 3766 Section 67. Paragraphs (b) and (c) of subsection (5) of 3767 section 1008.25, Florida Statutes, are redesignated as 3768 paragraphs (c) and (d), respectively, paragraph (b) of 3769 subsection (6), subsection (7), and paragraph (a) of subsection 3770 (8) are amended, and a new paragraph (b) is added to subsection 3771 (5) of that section, to read: 3772 1008.25 Public school student progression; student support; 3773 reporting requirements.— 3774 (5) READING DEFICIENCY AND PARENTAL NOTIFICATION.— 3775 (b) Any Voluntary Prekindergarten Education Program student 3776 who exhibits a substantial deficiency in early literacy in 3777 accordance with the standards under s. 1002.67(1)(a) and based 3778 upon the results of the administration of the final progress 3779 monitoring screening in s. 1008.2125 must be referred to the 3780 local school district and may be eligible to receive intensive 3781 reading interventions before participating in kindergarten. The 3782 intensive reading interventions may be paid for using funds from 3783 the district’s research-based reading instruction allocation in 3784 accordance with s. 1011.62(9). 3785 (6) ELIMINATION OF SOCIAL PROMOTION.— 3786 (b) The district school board may only exempt students from 3787 mandatory retention, as provided in paragraph (5)(c)paragraph3788(5)(b), for good cause. A student who is promoted to grade 4 3789 with a good cause exemption shall be provided intensive reading 3790 instruction and intervention that include specialized diagnostic 3791 information and specific reading strategies to meet the needs of 3792 each student so promoted. The school district shall assist 3793 schools and teachers with the implementation of explicit, 3794 systematic, and multisensory reading instruction and 3795 intervention strategies for students promoted with a good cause 3796 exemption which research has shown to be successful in improving 3797 reading among students who have reading difficulties. Good cause 3798 exemptions are limited to the following: 3799 1. Limited English proficient students who have had less 3800 than 2 years of instruction in an English for Speakers of Other 3801 Languages program based on the initial date of entry into a 3802 school in the United States. 3803 2. Students with disabilities whose individual education 3804 plan indicates that participation in the statewide assessment 3805 program is not appropriate, consistent with the requirements of 3806 s. 1008.212. 3807 3. Students who demonstrate an acceptable level of 3808 performance on an alternative standardized reading or English 3809 Language Arts assessment approved by the State Board of 3810 Education. 3811 4. A student who demonstrates through a student portfolio 3812 that he or she is performing at least at Level 2 on the 3813 statewide, standardized English Language Arts assessment. 3814 5. Students with disabilities who take the statewide, 3815 standardized English Language Arts assessment and who have an 3816 individual education plan or a Section 504 plan that reflects 3817 that the student has received intensive instruction in reading 3818 or English Language Arts for more than 2 years but still 3819 demonstrates a deficiency and was previously retained in 3820 kindergarten, grade 1, grade 2, or grade 3. 3821 6. Students who have received intensive reading 3822 intervention for 2 or more years but still demonstrate a 3823 deficiency in reading and who were previously retained in 3824 kindergarten, grade 1, grade 2, or grade 3 for a total of 2 3825 years. A student may not be retained more than once in grade 3. 3826 (7) SUCCESSFUL PROGRESSION FOR RETAINED THIRD GRADE 3827 STUDENTS.— 3828 (a) Students retained under paragraph (5)(c)paragraph3829(5)(b)must be provided intensive interventions in reading to 3830 ameliorate the student’s specific reading deficiency and prepare 3831 the student for promotion to the next grade. These interventions 3832 must include: 3833 1. Evidence-based, explicit, systematic, and multisensory 3834 reading instruction in phonemic awareness, phonics, fluency, 3835 vocabulary, and comprehension and other strategies prescribed by 3836 the school district. 3837 2. Participation in the school district’s summer reading 3838 camp, which must incorporate the instructional and intervention 3839 strategies under subparagraph 1. 3840 3. A minimum of 90 minutes of daily, uninterrupted reading 3841 instruction incorporating the instructional and intervention 3842 strategies under subparagraph 1. This instruction may include: 3843 a. Integration of content-rich texts in science and social 3844 studies within the 90-minute block. 3845 b. Small group instruction. 3846 c. Reduced teacher-student ratios. 3847 d. More frequent progress monitoring. 3848 e. Tutoring or mentoring. 3849 f. Transition classes containing 3rd and 4th grade 3850 students. 3851 g. Extended school day, week, or year. 3852 (b) Each school district shall: 3853 1. Provide written notification to the parent of a student 3854 who is retained under paragraph (5)(c)paragraph (5)(b)that his 3855 or her child has not met the proficiency level required for 3856 promotion and the reasons the child is not eligible for a good 3857 cause exemption as provided in paragraph (6)(b). The 3858 notification must comply with paragraph (5)(d)paragraph(5)(c)3859 and must include a description of proposed interventions and 3860 supports that will be provided to the child to remediate the 3861 identified areas of reading deficiency. 3862 2. Implement a policy for the midyear promotion of a 3863 student retained under paragraph (5)(c)paragraph(5)(b)who can 3864 demonstrate that he or she is a successful and independent 3865 reader and performing at or above grade level in reading or, 3866 upon implementation of English Language Arts assessments, 3867 performing at or above grade level in English Language Arts. 3868 Tools that school districts may use in reevaluating a student 3869 retained may include subsequent assessments, alternative 3870 assessments, and portfolio reviews, in accordance with rules of 3871 the State Board of Education. Students promoted during the 3872 school year after November 1 must demonstrate proficiency levels 3873 in reading equivalent to the level necessary for the beginning 3874 of grade 4. The rules adopted by the State Board of Education 3875 must include standards that provide a reasonable expectation 3876 that the student’s progress is sufficient to master appropriate 3877 grade 4 level reading skills. 3878 3. Provide students who are retained under paragraph (5)(c) 3879paragraph(5)(b), including students participating in the school 3880 district’s summer reading camp under subparagraph (a)2., with a 3881 highly effective teacher as determined by the teacher’s 3882 performance evaluation under s. 1012.34, and, beginning July 1, 3883 2020, the teacher must also be certified or endorsed in reading. 3884 4. Establish at each school, when applicable, an intensive 3885 reading acceleration course for any student retained in grade 3 3886 who was previously retained in kindergarten, grade 1, or grade 3887 2. The intensive reading acceleration course must provide the 3888 following: 3889 a. Uninterrupted reading instruction for the majority of 3890 student contact time each day and opportunities to master the 3891 grade 4 Next Generation Sunshine State Standards in other core 3892 subject areas through content-rich texts. 3893 b. Small group instruction. 3894 c. Reduced teacher-student ratios. 3895 d. The use of explicit, systematic, and multisensory 3896 reading interventions, including intensive language, phonics, 3897 and vocabulary instruction, and use of a speech-language 3898 therapist if necessary, that have proven results in accelerating 3899 student reading achievement within the same school year. 3900 e. A read-at-home plan. 3901 (8) ANNUAL REPORT.— 3902 (a) In addition to the requirements in paragraph (5)(c) 3903paragraph (5)(b), each district school board must annually 3904 report to the parent of each student the progress of the student 3905 toward achieving state and district expectations for proficiency 3906 in English Language Arts, science, social studies, and 3907 mathematics. The district school board must report to the parent 3908 the student’s results on each statewide, standardized 3909 assessment. The evaluation of each student’s progress must be 3910 based upon the student’s classroom work, observations, tests, 3911 district and state assessments, response to intensive 3912 interventions provided under paragraph (5)(a), and other 3913 relevant information. Progress reporting must be provided to the 3914 parent in writing in a format adopted by the district school 3915 board. 3916 Section 68. Section 1008.31, Florida Statutes, is amended 3917 to read: 3918 1008.31 Florida’s Early Learning-20K-20education 3919 performance accountability system; legislative intent; mission, 3920 goals, and systemwide measures; data quality improvements.— 3921 (1) LEGISLATIVE INTENT.—It is the intent of the Legislature 3922 that: 3923 (a) The performance accountability system implemented to 3924 assess the effectiveness of Florida’s seamless Early Learning-20 3925K-20education delivery system provide answers to the following 3926 questions in relation to its mission and goals: 3927 1. What is the public receiving in return for funds it 3928 invests in education? 3929 2. How effectively is Florida’s Early Learning-20K-203930 education system educating its students? 3931 3. How effectively are the major delivery sectors promoting 3932 student achievement? 3933 4. How are individual schools and postsecondary education 3934 institutions performing their responsibility to educate their 3935 students as measured by how students are performing and how much 3936 they are learning? 3937 (b) The Early Learning-20K-20education performance 3938 accountability system be established as a single, unified 3939 accountability system with multiple components, including, but 3940 not limited to, student performance in public schools and school 3941 and district grades. 3942 (c) The Early Learning-20K-20education performance 3943 accountability system comply with the requirements of the “No 3944 Child Left Behind Act of 2001,” Pub. L. No. 107-110, and the 3945 Individuals with Disabilities Education Act (IDEA). 3946 (d) The early learning accountability system comply with 3947 the requirements of Part V and Part VI of chapter 1002 and the 3948 requirements of the Child Care and Development Block Grant Trust 3949 Fund, pursuant to 45 C.F.R. parts 98 and 99. 3950 (e)(d)The State Board of Education and the Board of 3951 Governors of the State University System recommend to the 3952 Legislature systemwide performance standards; the Legislature 3953 establish systemwide performance measures and standards; and the 3954 systemwide measures and standards provide Floridians with 3955 information on what the public is receiving in return for the 3956 funds it invests in education and how well the Early Learning-20 3957K-20system educates its students. 3958 (f)1.(e)1.The State Board of Education establish 3959 performance measures and set performance standards for 3960 individual public schools and Florida College System 3961 institutions, with measures and standards based primarily on 3962 student achievement. 3963 2. The Board of Governors of the State University System 3964 establish performance measures and set performance standards for 3965 individual state universities, including actual completion 3966 rates. 3967 (2) MISSION, GOALS, AND SYSTEMWIDE MEASURES.— 3968 (a) The mission of Florida’s Early Learning-20K-203969 education system shall be to increase the proficiency of all 3970 students within one seamless, efficient system, by allowing them 3971 the opportunity to expand their knowledge and skills through 3972 learning opportunities and research valued by students, parents, 3973 and communities. 3974 (b) The process for establishing state and sector-specific 3975 standards and measures must be: 3976 1. Focused on student success. 3977 2. Addressable through policy and program changes. 3978 3. Efficient and of high quality. 3979 4. Measurable over time. 3980 5. Simple to explain and display to the public. 3981 6. Aligned with other measures and other sectors to support 3982 a coordinated Early Learning-20K-20education system. 3983 (c) The Department of Education shall maintain an 3984 accountability system that measures student progress toward the 3985 following goals: 3986 1. Highest student achievement, as indicated by evidence of 3987 student learning gains at all levels. 3988 2. Seamless articulation and maximum access, as measured by 3989 evidence of progression, readiness, and access by targeted 3990 groups of students identified by the Commissioner of Education. 3991 3. Skilled workforce and economic development, as measured 3992 by evidence of employment and earnings. 3993 4. Quality efficient services, as measured by evidence of 3994 return on investment. 3995 5. Other goals as identified by law or rule. 3996 (3)K-20EDUCATION DATA QUALITY IMPROVEMENTS.—To provide 3997 data required to implement education performance accountability 3998 measures in state and federal law, the Commissioner of Education 3999 shall initiate and maintain strategies to improve data quality 4000 and timeliness. The Board of Governors shall make available to 4001 the department all data within the State University Database 4002 System to be integrated into the educationK-20data warehouse. 4003 The commissioner shall have unlimited access to such data for 4004 the purposes of conducting studies, reporting annual and 4005 longitudinal student outcomes, and improving college readiness 4006 and articulation. All public educational institutions shall 4007 annually provide data from the prior year to the educationK-204008 data warehouse in a format based on data elements identified by 4009 the commissioner. 4010 (a) School districts and public postsecondary educational 4011 institutions shall maintain information systems that will 4012 provide the State Board of Education, the Board of Governors of 4013 the State University System, and the Legislature with 4014 information and reports necessary to address the specifications 4015 of the accountability system. The level of comprehensiveness and 4016 quality must be no less than that which was available as of June 4017 30, 2001. 4018 (b) Colleges and universities eligible to participate in 4019 the William L. Boyd, IV, Effective Access to Student Education 4020 Grant Program shall annually report student-level data from the 4021 prior year for each student who receives state funds in a format 4022 prescribed by the Department of Education. At a minimum, data 4023 from the prior year must include retention rates, transfer 4024 rates, completion rates, graduation rates, employment and 4025 placement rates, and earnings of graduates. By October 1 of each 4026 year, the colleges and universities described in this paragraph 4027 shall report the data to the department. 4028 (c) The Commissioner of Education shall determine the 4029 standards for the required data, monitor data quality, and 4030 measure improvements. The commissioner shall report annually to 4031 the State Board of Education, the Board of Governors of the 4032 State University System, the President of the Senate, and the 4033 Speaker of the House of Representatives data quality indicators 4034 and ratings for all school districts and public postsecondary 4035 educational institutions. 4036 (d) Before establishing any new reporting or data 4037 collection requirements, the commissioner shall use existing 4038 data being collected to reduce duplication and minimize 4039 paperwork. 4040 (4) RULES.—The State Board of Education shall adopt rules 4041 pursuant to ss. 120.536(1) and 120.54 to implement the 4042 provisions of this section relating to the educationK-20data 4043 warehouse. 4044 Section 69. Section 1008.32, Florida Statutes, is amended 4045 to read: 4046 1008.32 State Board of Education oversight enforcement 4047 authority.—The State Board of Education shall oversee the 4048 performance of early learning coalitions, district school 4049 boards, and Florida College System institution boards of 4050 trustees in enforcement of all laws and rules. District school 4051 boards and Florida College System institution boards of trustees 4052 shall be primarily responsible for compliance with law and state 4053 board rule. 4054 (1) In order to ensure compliance with law or state board 4055 rule, the State Board of Education shall have the authority to 4056 request and receive information, data, and reports from early 4057 learning coalitions, school districts, and Florida College 4058 System institutions. Early Learning Coalition chief executive 4059 officers or executive directors, district school 4060 superintendents, and Florida College System institution 4061 presidents are responsible for the accuracy of the information 4062 and data reported to the state board. 4063 (2)(a) The Commissioner of Education may investigate 4064 allegations of noncompliance with law or state board rule and 4065 determine probable cause. The commissioner shall report 4066 determinations of probable cause to the State Board of Education 4067 which shall require the early learning coalition, district 4068 school board, or Florida College System institution board of 4069 trustees to document compliance with law or state board rule. 4070 (b) The Commissioner of Education shall report to the State 4071 Board of Education any findings by the Auditor General that an 4072 early learning coalition, a district school board, or a Florida 4073 College System institution is acting without statutory authority 4074 or contrary to general law. The State Board of Education shall 4075 require the early learning coalition, district school board, or 4076 Florida College System institution board of trustees to document 4077 compliance with such law. 4078 (3) If the early learning coalition, district school board, 4079 or Florida College System institution board of trustees cannot 4080 satisfactorily document compliance, the State Board of Education 4081 may order compliance within a specified timeframe. 4082 (4) If the State Board of Education determines that an 4083 early learning coalition, a district school board, or a Florida 4084 College System institution board of trustees is unwilling or 4085 unable to comply with law or state board rule within the 4086 specified time, the state board shall have the authority to 4087 initiate any of the following actions: 4088 (a) Report to the Legislature that the early learning 4089 coalition, school district, or Florida College System 4090 institution is unwilling or unable to comply with law or state 4091 board rule and recommend action to be taken by the Legislature. 4092 (b) Withhold the transfer of state funds, discretionary 4093 grant funds, discretionary lottery funds, or any other funds 4094 specified as eligible for this purpose by the Legislature until 4095 the early learning coalition, school district, or Florida 4096 College System institution complies with the law or state board 4097 rule. 4098 (c) Declare the early learning coalition, school district, 4099 or Florida College System institution ineligible for competitive 4100 grants. 4101 (d) Require monthly or periodic reporting on the situation 4102 related to noncompliance until it is remedied. 4103 (5) Nothing in this section shall be construed to create a 4104 private cause of action or create any rights for individuals or 4105 entities in addition to those provided elsewhere in law or rule. 4106 Section 70. Paragraph (a) of subsection (3) of section 4107 1008.33, Florida Statutes, is amended to read: 4108 1008.33 Authority to enforce public school improvement.— 4109 (3)(a) The academic performance of all students has a 4110 significant effect on the state school system. Pursuant to Art. 4111 IX of the State Constitution, which prescribes the duty of the 4112 State Board of Education to supervise Florida’s public school 4113 system, the state board shall equitably enforce the 4114 accountability requirements of the state school system and may 4115 impose state requirements on school districts in order to 4116 improve the academic performance of all districts, schools, and 4117 students based upon the provisions of the Florida Early 4118 Learning-20K-20Education Code, chapters 1000-1013; the federal 4119 ESEA and its implementing regulations; and the ESEA flexibility 4120 waiver approved for Florida by the United States Secretary of 4121 Education. 4122 Section 71. Subsection (9) of section 1011.62, Florida 4123 Statutes, is amended to read: 4124 1011.62 Funds for operation of schools.—If the annual 4125 allocation from the Florida Education Finance Program to each 4126 district for operation of schools is not determined in the 4127 annual appropriations act or the substantive bill implementing 4128 the annual appropriations act, it shall be determined as 4129 follows: 4130 (9) RESEARCH-BASED READING INSTRUCTION ALLOCATION.— 4131 (a) The research-based reading instruction allocation is 4132 created to provide comprehensive reading instruction to students 4133 in kindergarten through grade 12, including certain students who 4134 exhibit a substantial deficiency in early literacy and completed 4135 the Voluntary Prekindergarten Education Program pursuant to s. 4136 1008.25(5)(b). Each school district that has one or more of the 4137 300 lowest-performing elementary schools based on a 3-year 4138 average of the state reading assessment data must use the 4139 school’s portion of the allocation to provide an additional hour 4140 per day of intensive reading instruction for the students in 4141 each school. The additional hour may be provided within the 4142 school day. Students enrolled in these schools who earned a 4143 level 4 or level 5 score on the statewide, standardized English 4144 Language Arts assessment for the previous school year may 4145 participate in the additional hour of instruction. Exceptional 4146 student education centers may not be included in the 300 4147 schools. The intensive reading instruction delivered in this 4148 additional hour shall include: research-based reading 4149 instruction that has been proven to accelerate progress of 4150 students exhibiting a reading deficiency; differentiated 4151 instruction based on screening, diagnostic, progress monitoring, 4152 or student assessment data to meet students’ specific reading 4153 needs; explicit and systematic reading strategies to develop 4154 phonemic awareness, phonics, fluency, vocabulary, and 4155 comprehension, with more extensive opportunities for guided 4156 practice, error correction, and feedback; and the integration of 4157 social studies, science, and mathematics-text reading, text 4158 discussion, and writing in response to reading. 4159 (b) Funds for comprehensive, research-based reading 4160 instruction shall be allocated annually to each school district 4161 in the amount provided in the General Appropriations Act. Each 4162 eligible school district shall receive the same minimum amount 4163 as specified in the General Appropriations Act, and any 4164 remaining funds shall be distributed to eligible school 4165 districts based on each school district’s proportionate share of 4166 K-12 base funding. 4167 (c) Funds allocated under this subsection must be used to 4168 provide a system of comprehensive reading instruction to 4169 students enrolled in the K-12 programs and certain students who 4170 exhibit a substantial deficiency in early literacy and completed 4171 the Voluntary Prekindergarten Education Program pursuant to s. 4172 1008.25(5)(b). The system, whichmay include the following: 4173 1. An additional hour per day of intensive reading 4174 instruction to students in the 300 lowest-performing elementary 4175 schools by teachers and reading specialists who have 4176 demonstrated effectiveness in teaching reading as required in 4177 paragraph (a). 4178 2. Kindergarten through grade 5 reading intervention 4179 teachers to provide intensive intervention during the school day 4180 and in the required extra hour for students identified as having 4181 a reading deficiency. 4182 3. Highly qualified reading coaches to specifically support 4183 teachers in making instructional decisions based on student 4184 data, and improve teacher delivery of effective reading 4185 instruction, intervention, and reading in the content areas 4186 based on student need. 4187 4. Professional development for school district teachers in 4188 scientifically based reading instruction, including strategies 4189 to teach reading in content areas and with an emphasis on 4190 technical and informational text, to help school district 4191 teachers earn a certification or an endorsement in reading. 4192 5. Summer reading camps, using only teachers or other 4193 district personnel who are certified or endorsed in reading 4194 consistent with s. 1008.25(7)(b)3., for all students in 4195 kindergarten through grade 2 who demonstrate a reading 4196 deficiency as determined by district and state assessments;,and4197 students in grades 3 through 5 who score at Level 1 on the 4198 statewide, standardized English Language Arts assessment; and 4199 certain students who exhibit a substantial deficiency in early 4200 literacy and completed the Voluntary Prekindergarten Education 4201 Program pursuant to s. 1008.25(5)(b). 4202 6. Supplemental instructional materials that are grounded 4203 in scientifically based reading research as identified by the 4204 Just Read, Florida! Office pursuant to s. 1001.215(8). 4205 7. Intensive interventions for students in kindergarten 4206 through grade 12 who have been identified as having a reading 4207 deficiency or who are reading below grade level as determined by 4208 the statewide, standardized English Language Arts assessment or 4209 for certain students who exhibit a substantial deficiency in 4210 early literacy and completed the Voluntary Prekindergarten 4211 Education Program pursuant to s. 1008.25(5)(b). 4212 (d)1. Annually, by a date determined by the Department of 4213 Education but before May 1, school districts shall submit aK-124214 comprehensive reading plan for the specific use of the research 4215 based reading instruction allocation in the format prescribed by 4216 the department for review and approval by the Just Read, 4217 Florida! Office created pursuant to s. 1001.215. The plan 4218 annually submitted by school districts shall be deemed approved 4219 unless the department rejects the plan on or before June 1. If a 4220 school district and the Just Read, Florida! Office cannot reach 4221 agreement on the contents of the plan, the school district may 4222 appeal to the State Board of Education for resolution. School 4223 districts shall be allowed reasonable flexibility in designing 4224 their plans and shall be encouraged to offer reading 4225 intervention through innovative methods, including career 4226 academies. The plan format shall be developed with input from 4227 school district personnel, including teachers and principals, 4228 and shall provide for intensive reading interventions through 4229 integrated curricula, provided that, beginning with the 2020 4230 2021 school year, the interventions are delivered by a teacher 4231 who is certified or endorsed in reading. Such interventions must 4232 incorporate strategies identified by the Just Read, Florida! 4233 Office pursuant to s. 1001.215(8). No later than July 1 4234 annually, the department shall release the school district’s 4235 allocation of appropriated funds to those districts having 4236 approved plans. A school district that spends 100 percent of 4237 this allocation on its approved plan shall be deemed to have 4238 been in compliance with the plan. The department may withhold 4239 funds upon a determination that reading instruction allocation 4240 funds are not being used to implement the approved plan. The 4241 department shall monitor and track the implementation of each 4242 district plan, including conducting site visits and collecting 4243 specific data on expenditures and reading improvement results. 4244 By February 1 of each year, the department shall report its 4245 findings to the Legislature. 4246 2. Each school district that has a school designated as one 4247 of the 300 lowest-performing elementary schools as specified in 4248 paragraph (a) shall specifically delineate in the comprehensive 4249 reading plan, or in an addendum to the comprehensive reading 4250 plan, the implementation design and reading intervention 4251 strategies that will be used for the required additional hour of 4252 reading instruction. The term “reading intervention” includes 4253 evidence-based strategies frequently used to remediate reading 4254 deficiencies and also includes individual instruction, tutoring, 4255 mentoring, or the use of technology that targets specific 4256 reading skills and abilities. 4257 Section 72. Paragraph (b) of subsection (1) of section 4258 1002.22, Florida Statutes, is amended to read: 4259 1002.22 Education records and reports of K-12 students; 4260 rights of parents and students; notification; penalty.— 4261 (1) DEFINITIONS.—As used in this section, the term: 4262 (b) “Institution” means any public school, center, 4263 institution, or other entity that is part of Florida’s education 4264 system under s. 1000.04(2), (4), and (5)s. 1000.04(1), (3), and4265(4). 4266 Section 73. Paragraph (b) of subsection (5) of section 4267 1002.53, Florida Statutes, is amended to read: 4268 1002.53 Voluntary Prekindergarten Education Program; 4269 eligibility and enrollment.— 4270 (5) The early learning coalition shall provide each parent 4271 enrolling a child in the Voluntary Prekindergarten Education 4272 Program with a profile of every private prekindergarten provider 4273 and public school delivering the program within the county where 4274 the child is being enrolled. The profiles shall be provided to 4275 parents in a format prescribed by the Office of Early Learning. 4276 The profiles must include, at a minimum, the following 4277 information about each provider and school: 4278 (b) The provider’s or school’s kindergarten readiness rate 4279calculated in accordance with s. 1002.69,based upon the most 4280 recent available results of the statewide kindergarten 4281 screening. 4282 Section 74. This act shall take effect July 1, 2020.