Bill Text: FL S1758 | 2012 | Regular Session | Introduced
Bill Title: Early Learning
Spectrum: Partisan Bill (Republican 1-0)
Status: (Failed) 2012-03-09 - Died in Education Pre-K - 12 [S1758 Detail]
Download: Florida-2012-S1758-Introduced.html
Florida Senate - 2012 SB 1758 By Senator Flores 38-01274A-12 20121758__ 1 A bill to be entitled 2 An act relating to early learning; amending s. 411.01, 3 F.S.; revising the duties of the Office of Early 4 Learning within the Department of Education; requiring 5 that the Office of Early Learning develop and adopt by 6 rule unified performance standards and outcome 7 measures for school readiness programs; requiring that 8 the Office of Early Learning adopt a statewide, 9 standardized contract that is limited to state and 10 federal requirements to be used by the early learning 11 coalitions; requiring that the Office of Early 12 Learning prohibit such coalitions from adopting 13 addenda to the contract; revising provisions to 14 conform to changes made by the act; amending s. 15 411.01013, F.S.; defining the term “affordable parent 16 contribution”; revising provisions relating to the 17 prevailing market rate schedule adopted by the Office 18 of Early Learning; requiring that the prevailing 19 market rate schedule differentiate rates by the type 20 of child care services provided for preschool-age 21 children participating in the Voluntary 22 Prekindergarten Education Program; requiring that the 23 Office of Early Learning calculate a payment schedule 24 equal to the prevailing market rate for each 25 differentiated rate, minus the affordable parent 26 contribution; amending s. 1002.71, F.S.; requiring 27 that a school district offering the Voluntary 28 Prekindergarten Education Program adopt procedures 29 that separately account for the funds received and the 30 expenses incurred for the program; providing an 31 effective date. 32 33 Be It Enacted by the Legislature of the State of Florida: 34 35 Section 1. Paragraph (e) of subsection (2), paragraph (d) 36 of subsection (4), paragraph (d) of subsection (5), paragraph 37 (c) of subsection (6), and paragraph (g) of subsection (9) of 38 section 411.01, Florida Statutes, are amended to read: 39 411.01 School readiness programs; early learning 40 coalitions.— 41 (2) LEGISLATIVE INTENT.— 42 (e) It is the intent of the Legislature that the school 43 readiness program coordinate and operate in conjunction with the 44 district school systems. However, it is also the intent of the 45 Legislature that the school readiness program not be construed 46 as part of the system of free public schools but rather as a 47 separate program for children under the age of kindergarten 48 eligibility, funded separately from the system of free public 49 schools, using the affordable parent contribution as defined in 50 s. 411.01013(1)(a)utilizinga mandatorysliding fee scale, and 51 providing an integrated and seamless system of school readiness 52 services for the state’s birth-to-kindergarten population. 53 (4) OFFICE OF EARLY LEARNING OF THE DEPARTMENT OF 54 EDUCATION.— 55 (d) The Office of Early Learning shall: 56 1. Be responsible for the prudent use of all public and 57 private funds in accordance with all legal and contractual 58 requirements. 59 2. Provide final approval and every 2 years review early 60 learning coalitions and school readiness plans. 61 3. Establish a unified approach to the state’s efforts 62 toward enhancement of school readiness. In support of this 63 effort, the Office of Early Learning shall adopt specific system 64 support services that address the state’s school readiness 65 programs. An early learning coalition shall amend its school 66 readiness plan to conform to the specific system support 67 services adopted by rule of the Office of Early Learning. System 68 support servicesshall include,butarenotlimited to the 69 following: 70 a. Child care resource and referral services; 71 b. Warm-Line services; 72 c. Eligibility determinations; 73 d. Child performance standards; 74 e. Child screening and assessment; 75 f. Developmentally appropriate curricula; 76 g. Health and safety requirements; 77 h. Statewide data system requirements; and 78 i. Rating and improvement systems. 79 4. Safeguard the effective use of federal, state, local, 80 and private resources to achieve the highest possible level of 81 school readiness for the children in this state. 82 5. Adopt a rule establishing criteria for the expenditure 83 of funds designated for the purpose of funding activities to 84 improve the quality of child care within the state in accordance 85 with s. 658G of the federal Child Care and Development Block 86 Grant Act. 87 6. Provide technical assistance to early learning 88 coalitions in a manner determined by the Office of Early 89 Learning based upon information obtained by the office from 90 various sources, including, but not limited to, public input, 91 government reports, private interest group reports, office 92 monitoring visits, and coalition requests for service. 93 7. In cooperation with the early learning coalitions, 94 coordinate with the Child Care Services Program Office of the 95 Department of Children and Family Services to minimize 96 duplicating interagency activities, health and safety 97 monitoring, and acquiring and composing data pertaining to child 98 care training and credentialing. 99 8. Develop and adopt by rule unified performance standards 100 and outcome measures for school readiness programs. The 101 performance standards must address the age-appropriate progress 102 of children in the development of school readiness skills. The 103 performance standards for children from birth to 5 years of age 104 in school readiness programs must be integrated with the 105 performance standards adopted by the Department of Education for 106 children in the Voluntary Prekindergarten Education Program 107 under s. 1002.67. 108 9. Adopt a statewide, standardizedstandardcontract that 109 is limited to state and federal requirements and that must be 110 used by the coalitions when contracting with school readiness 111 providers. In order to fulfill the legislative intent in 112 paragraph (2)(c), the Office of Early Learning shall prohibit 113 the coalitions from adopting addenda to the contract. 114 (5) CREATION OF EARLY LEARNING COALITIONS.— 115 (d) Implementation.— 116 1. An early learning coalition may not implement the school 117 readiness program until the coalition’s school readiness plan is 118 approved by the Office of Early Learning. 119 2. Each early learning coalition shall coordinate with one 120 another to implement a comprehensive program of school readiness 121 services which enhances the cognitive, social, physical, and 122 moral character of the children to achieve the performance 123 standards and outcome measures and which helps families achieve 124 economic self-sufficiency. Such program must contain, at a 125 minimum, the following elements: 126 a. Implement the school readiness program to meet the 127 requirements of this section and the system support services, 128 performance standards, and outcome measures adopted by the 129 Office of Early Learning. 130 b. Demonstrate how the program will ensure that each child 131 from birth through 5 years of age in a publicly funded school 132 readiness program receives scheduled activities and instruction 133 designed to enhance the age-appropriate progress of the children 134 in attaining the performance standards adopted by the department 135 under subparagraph (4)(d)8. 136 c. Ensure that the coalition has solicited and considered 137 comments regarding the proposed school readiness plan from the 138 local community. 139 140 Before implementing the school readiness program, the early 141 learning coalition must submit the plan to the office for 142 approval. The office may approve the plan, reject the plan, or 143 approve the plan with conditions. The office shall review school 144 readiness plans at least every 2 years. 145 3. If the Office of Early Learning determines during the 146 review of school readiness plans, or through monitoring and 147 performance evaluations conducted under paragraph (4)(l), that 148 an early learning coalition has not substantially implemented 149 its plan, has not substantially met the performance standards 150 and outcome measures adopted by the office, or has not 151 effectively administered the school readiness program or 152 Voluntary Prekindergarten Education Program, the office may 153 dissolve the coalition and temporarily contract with a qualified 154 entity to continue school readiness and prekindergarten services 155 in the coalition’s county or multicounty region until the office 156 reestablishes the coalition and a new school readiness plan is 157 approved in accordance with the rules adopted by the office. 158 4. The Office of Early Learning shall adopt rules 159 establishing criteria for the approval of school readiness 160 plans. The criteria must be consistent with the system support 161 services, performance standards, and outcome measures adopted by 162 the office and must require each approved plan to include the 163 following minimum standards for the school readiness program: 164 a. A community plan that addresses the needs of all 165 children and providers within the coalition’s county or 166 multicounty region. 167b. A sliding fee scale establishing a copayment for parents168based upon their ability to pay, which is the same for all169program providers.170 b.c.A choice of settings and locations in licensed, 171 registered, religious-exempt, or school-based programs to be 172 provided to parents. 173 c.d.Specific eligibility priorities for children in 174 accordance with subsection (6). 175 d.e.Performance standards and outcome measures adopted by 176 the office. 177 e.f.Payment rates adopted by the early learning coalitions 178 and approved by the office. Payment rates may not have the 179 effect of limiting parental choice or creating standards or 180 levels of services that have not been expressly established by 181 the Legislature, unless the creation of such standards or levels 182 of service, which must be uniform throughout the state, has been 183 approved by the Federal Government and result in the state being 184 eligible to receive additional federal funds available for early 185 learning on a statewide basis. 186 f.g.Direct enhancement services for families and children. 187 System support and direct enhancement services shall be in 188 addition to payments for the placement of children in school 189 readiness programs. Direct enhancement services for families may 190 include parent training and involvement activities and 191 strategies to meet the needs of unique populations and local 192 eligibility priorities. Enhancement services for children may 193 include provider supports and professional development approved 194 in the plan by the Office of Early Learning. 195 g.h.The business organization of the early learning 196 coalition, which must include the coalition’s articles of 197 incorporation and bylaws if the coalition is organized as a 198 corporation. If the coalition is not organized as a corporation 199 or other business entity, the plan must include the contract 200 with a fiscal agent. An early learning coalition may contract 201 with other coalitions to achieve efficiency in multicounty 202 services, and these contracts may be part of the coalition’s 203 school readiness plan. 204 h.i.The implementation of locally developed quality 205 programs in accordance with the requirements adopted by the 206 office under subparagraph (4)(d)5. 207 208 The Office of Early Learning may request the Governor to apply 209 for a waiver to allow the coalition to administer the Head Start 210 Program to accomplish the purposes of the school readiness 211 program. 212 5. Persons with an early childhood teaching certificate may 213 provide support and supervision to other staff in the school 214 readiness program. 215 6. An early learning coalition may not implement its school 216 readiness plan until it submits the plan to and receives 217 approval from the Office of Early Learning. Once the plan is 218 approved, the plan and the services provided under the plan 219 shall be controlled by the early learning coalition. The plan 220 shall be reviewed and revised as necessary, but at least 221 biennially. An early learning coalition may not implement the 222 revisions until the coalition submits the revised plan to and 223 receives approval from the office. If the office rejects a 224 revised plan, the coalition must continue to operate under its 225 prior approved plan. 226 7. Section 125.901(2)(a)3. does not apply to school 227 readiness programs. The Office of Early Learning may apply to 228 the Governor and Cabinet for a waiver of, and the Governor and 229 Cabinet may waive, any of the provisions of ss. 411.223 and 230 1003.54, if the waiver is necessary for implementation of school 231 readiness programs. 232 8. Two or more early learning coalitions may join for 233 purposes of planning and implementing a school readiness 234 program. 235 (6) PROGRAM ELIGIBILITY.—The school readiness program is 236 established for children from birth to the beginning of the 237 school year for which a child is eligible for admission to 238 kindergarten in a public school under s. 1003.21(1)(a)2. or who 239 are eligible for any federal subsidized child care program. Each 240 early learning coalition shall give priority for participation 241 in the school readiness program as follows: 242 (c) Subsequent priority shall be given to a child who meets 243 one or more of the following criteria: 244 1. A child who is younger than the age of kindergarten 245 eligibility and: 246 a. Is at risk of welfare dependency, including an 247 economically disadvantaged child, a child of a participant in 248 the welfare transition program, a child of a migratory 249 agricultural worker, or a child of a teen parent. 250 b. Is a member of a working family that is economically 251 disadvantaged. 252 c. For whom financial assistance is provided through the 253 Relative Caregiver Program under s. 39.5085. 254 2. A 3-year-old child or 4-year-old child who may not be 255 economically disadvantaged but who has a disability; has been 256 served in a specific part-time exceptional education program or 257 a combination of part-time exceptional education programs with 258 required special services, aids, or equipment; and was 259 previously reported for funding part time under the Florida 260 Education Finance Program as an exceptional student. 261 3. An economically disadvantaged child, a child with a 262 disability, or a child at risk of future school failure, from 263 birth to 4 years of age, who is served at home through a home 264 visitor program and an intensive parent education program. 265 4. A child who meets federal and state eligibility 266 requirements for the migrant preschool program but who is not 267 economically disadvantaged. 268 269 As used in this paragraph, the term “economically disadvantaged” 270 means having a family income that does not exceed 150 percent of 271 the federal poverty level. Notwithstanding any change in a 272 family’s economic status, but subject to the affordable parent 273 contributionadditional family contributionsin accordance with274the sliding fee scale, a child who meets the eligibility 275 requirements upon initial registration for the program remains 276 eligible until the beginning of the school year for which the 277 child is eligible for admission to kindergarten in a public 278 school under s. 1003.21(1)(a)2. 279 (9) FUNDING; SCHOOL READINESS PROGRAM.— 280 (g) All cost savings and all revenues received through the 281 affordable parent contributiona mandatory sliding fee scale282 shall be used to help fund each early learning coalition’s 283 school readiness program. 284 Section 2. Subsection (1), paragraph (b) of subsection (3), 285 and subsection (5) of section 411.01013, Florida Statutes, are 286 amended to read: 287 411.01013 Prevailing market rate schedule.— 288 (1) As used in this section, the term: 289 (a) “Affordable parent contribution” means 10 percent of 290 the annual family income. 291 (b)(a)“Market rate” means the price that a child care 292 provider charges for daily, weekly, or monthly child care 293 services. 294 (c)(b)“Prevailing market rate” means the annually 295 determined 75th percentile of a reasonable frequency 296 distribution of the market rate in a predetermined geographic 297 market at which child care providers charge a person for child 298 care services. 299 (3) The prevailing market rate schedule, at a minimum, 300 must: 301 (b) Differentiate rates by the type of child care services 302 provided for children with special needs or risk categories, 303 infants, toddlers, preschool-age children, preschool-age 304 children participating in the Voluntary Prekindergarten 305 Education Program, and school-age children. 306 (5) In order to enable parents to work and be financially 307 self-sufficient as provided in s. 411.01(4)(a), the Office of 308 Early Learning shall calculate a payment schedule equal to the 309 prevailing market rate for each differentiated rate, minus the 310 affordable parent contribution.The prevailing market rate shall311be considered by an early learning coalition in the adoption of312a payment schedule in accordance with s.411.01(5)(e)2.313 Section 3. Subsection (10) is added to section 1002.71, 314 Florida Statutes, to read: 315 1002.71 Funding; financial and attendance reporting.— 316 (10) A school district that offers the Voluntary 317 Prekindergarten Education Program pursuant to s. 1002.61 or s. 318 1002.63 shall adopt procedures that separately account for the 319 funds received and the expenses incurred for the program. 320 Section 4. This act shall take effect July 1, 2012.