December 05, 2020
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_h0879__
HB 879

1
A bill to be entitled
2An act relating to early learning; providing a short
3title; amending s. 411.01, F.S.; authorizing use of
4telecommunication methods in conducting early learning
5coalition board meetings; amending and renumbering s.
6402.27, F.S.; transferring requirements for the
7establishment of a statewide child care resource and
8referral network by the Department of Children and Family
9Services to the Agency for Workforce Innovation; providing
10for use of early learning coalitions as child care
11resource and referral agencies; requiring rulemaking;
12amending and renumbering s. 409.178, F.S.; transferring
13duties of the Department of Children and Family Services
14with respect to the Child Care Executive Partnership
15Program to the Agency for Workforce Innovation and early
16learning coalitions; requiring rulemaking; amending ss.
171002.55, 1002.61, and 1002.63, F.S., relating to the
18Voluntary Prekindergarten Education Program; providing
19additional accreditation standards for private
20prekindergarten providers; revising background screening
21requirements for prekindergarten instructors; providing
22requirements for assignment of substitute instructors;
23requiring rulemaking; conforming cross-references;
24providing an effective date.
25
26Be It Enacted by the Legislature of the State of Florida:
27
28     Section 1.  This act may be cited as the "Success in Early
29Learning Act."
30     Section 2.  Paragraph (a) of subsection (5) of section
31411.01, Florida Statutes, is amended to read:
32     411.01  School readiness programs; early learning
33coalitions.--
34     (5)  CREATION OF EARLY LEARNING COALITIONS.--
35     (a)  Early learning coalitions.--
36     1.  The Agency for Workforce Innovation shall establish the
37minimum number of children to be served by each early learning
38coalition through the coalition's school readiness program. The
39Agency for Workforce Innovation may only approve school
40readiness plans in accordance with this minimum number. The
41minimum number must be uniform for every early learning
42coalition and must:
43     a.  Permit 30 or fewer coalitions to be established; and
44     b.  Require each coalition to serve at least 2,000 children
45based upon the average number of all children served per month
46through the coalition's school readiness program during the
47previous 12 months.
48
49The Agency for Workforce Innovation shall adopt procedures for
50merging early learning coalitions, including procedures for the
51consolidation of merging coalitions, and for the early
52termination of the terms of coalition members which are
53necessary to accomplish the mergers. Each early learning
54coalition must comply with the merger procedures and shall be
55organized in accordance with this subparagraph by April 1, 2005.
56By June 30, 2005, each coalition must complete the transfer of
57powers, duties, functions, rules, records, personnel, property,
58and unexpended balances of appropriations, allocations, and
59other funds to the successor coalition, if applicable.
60     2.  If an early learning coalition would serve fewer
61children than the minimum number established under subparagraph
621., the coalition must merge with another county to form a
63multicounty coalition. However, the Agency for Workforce
64Innovation may authorize an early learning coalition to serve
65fewer children than the minimum number established under
66subparagraph 1., if:
67     a.  The coalition demonstrates to the Agency for Workforce
68Innovation that merging with another county or multicounty
69region contiguous to the coalition would cause an extreme
70hardship on the coalition;
71     b.  The Agency for Workforce Innovation has determined
72during the most recent annual review of the coalition's school
73readiness plan, or through monitoring and performance
74evaluations conducted under paragraph (4)(l), that the coalition
75has substantially implemented its plan and substantially met the
76performance standards and outcome measures adopted by the
77agency; and
78     c.  The coalition demonstrates to the Agency for Workforce
79Innovation the coalition's ability to effectively and
80efficiently implement the Voluntary Prekindergarten Education
81Program.
82
83If an early learning coalition fails or refuses to merge as
84required by this subparagraph, the Agency for Workforce
85Innovation may dissolve the coalition and temporarily contract
86with a qualified entity to continue school readiness and
87prekindergarten services in the coalition's county or
88multicounty region until the coalition is reestablished through
89resubmission of a school readiness plan and approval by the
90agency.
91     3.  Notwithstanding the provisions of subparagraphs 1. and
922., the early learning coalitions in Sarasota, Osceola, and
93Santa Rosa Counties which were in operation on January 1, 2005,
94are established and authorized to continue operation as
95independent coalitions, and shall not be counted within the
96limit of 30 coalitions established in subparagraph 1.
97     4.  Each early learning coalition shall be composed of at
98least 18 members but not more than 35 members. The Agency for
99Workforce Innovation shall adopt standards establishing within
100this range the minimum and maximum number of members that may be
101appointed to an early learning coalition. These standards must
102include variations for a coalition serving a multicounty region.
103Each early learning coalition must comply with these standards.
104     5.  The Governor shall appoint the chair and two other
105members of each early learning coalition, who must each meet the
106same qualifications as private sector business members appointed
107by the coalition under subparagraph 7.
108     6.  Each early learning coalition must include the
109following members:
110     a.  A Department of Children and Family Services district
111administrator or his or her designee who is authorized to make
112decisions on behalf of the department.
113     b.  A district superintendent of schools or his or her
114designee who is authorized to make decisions on behalf of the
115district, who shall be a nonvoting member.
116     c.  A regional workforce board executive director or his or
117her designee.
118     d.  A county health department director or his or her
119designee.
120     e.  A children's services council or juvenile welfare board
121chair or executive director, if applicable, who shall be a
122nonvoting member if the council or board is the fiscal agent of
123the coalition or if the council or board contracts with and
124receives funds from the coalition.
125     f.  An agency head of a local licensing agency as defined
126in s. 402.302, where applicable.
127     g.  A president of a community college or his or her
128designee.
129     h.  One member appointed by a board of county
130commissioners.
131     i.  A central agency administrator, where applicable, who
132shall be a nonvoting member.
133     j.  A Head Start director, who shall be a nonvoting member.
134     k.  A representative of private child care providers,
135including family day care homes, who shall be a nonvoting
136member.
137     l.  A representative of faith-based child care providers,
138who shall be a nonvoting member.
139     m.  A representative of programs for children with
140disabilities under the federal Individuals with Disabilities
141Education Act, who shall be a nonvoting member.
142     7.  Including the members appointed by the Governor under
143subparagraph 5., more than one-third of the members of each
144early learning coalition must be private sector business members
145who do not have, and none of whose relatives as defined in s.
146112.3143 has, a substantial financial interest in the design or
147delivery of the Voluntary Prekindergarten Education Program
148created under part V of chapter 1002 or the coalition's school
149readiness program. To meet this requirement an early learning
150coalition must appoint additional members from a list of
151nominees submitted to the coalition by a chamber of commerce or
152economic development council within the geographic region served
153by the coalition. The Agency for Workforce Innovation shall
154establish criteria for appointing private sector business
155members. These criteria must include standards for determining
156whether a member or relative has a substantial financial
157interest in the design or delivery of the Voluntary
158Prekindergarten Education Program or the coalition's school
159readiness program.
160     8.  A majority of the voting membership of an early
161learning coalition constitutes a quorum required to conduct the
162business of the coalition. An early learning coalition board may
163use any method of telecommunications to conduct meetings,
164including establishing a quorum through telecommunications,
165provided that the public is given proper notice of a
166telecommunications meeting and reasonable access to observe and,
167when appropriate, participate.
168     9.  A voting member of an early learning coalition may not
169appoint a designee to act in his or her place, except as
170otherwise provided in this paragraph. A voting member may send a
171representative to coalition meetings, but that representative
172does not have voting privileges. When a district administrator
173for the Department of Children and Family Services appoints a
174designee to an early learning coalition, the designee is the
175voting member of the coalition, and any individual attending in
176the designee's place, including the district administrator, does
177not have voting privileges.
178     10.  Each member of an early learning coalition is subject
179to ss. 112.313, 112.3135, and 112.3143. For purposes of s.
180112.3143(3)(a), each voting member is a local public officer who
181must abstain from voting when a voting conflict exists.
182     11.  For purposes of tort liability, each member or
183employee of an early learning coalition shall be governed by s.
184768.28.
185     12.  An early learning coalition serving a multicounty
186region must include representation from each county.
187     13.  Each early learning coalition shall establish terms
188for all appointed members of the coalition. The terms must be
189staggered and must be a uniform length that does not exceed 4
190years per term. Appointed members may serve a maximum of two
191consecutive terms. When a vacancy occurs in an appointed
192position, the coalition must advertise the vacancy.
193     Section 3.  Section 402.27, Florida Statutes, is renumbered
194as section 411.0101, Florida Statutes, and amended to read:
195     411.0101 402.27  Child care and early childhood resource
196and referral.--The Agency for Workforce Innovation Department of
197Children and Family Services shall establish a statewide child
198care resource and referral network. Preference shall be given to
199using the already established early learning coalitions central
200agencies for subsidized child care as the child care resource
201and referral agency. If an early learning coalition the agency
202cannot comply with the requirements to offer the resource
203information component or does not want to offer that service,
204the early learning coalition Department of Children and Family
205Services shall select the resource information agency based upon
206a request for proposal pursuant to s. 411.01(5)(e)1. At least
207one child care resource and referral agency must be established
208in each early learning coalition's county or multicounty region
209district of the department, but no more than one may be
210established in any county. Child care resource and referral
211agencies shall provide the following services:
212     (1)  Identification of existing public and private child
213care and early childhood education services, including child
214care services by public and private employers, and the
215development of a resource file of those services. These services
216may include family day care, public and private child care
217programs, head start, prekindergarten early intervention
218programs, special education programs for prekindergarten
219handicapped children, services for children with developmental
220disabilities, full-time and part-time programs, before-school
221and after-school programs, vacation care programs, parent
222education, the WAGES Program, and related family support
223services. The resource file shall include, but not be limited
224to:
225     (a)  Type of program.
226     (b)  Hours of service.
227     (c)  Ages of children served.
228     (d)  Number of children served.
229     (e)  Significant program information.
230     (f)  Fees and eligibility for services.
231     (g)  Availability of transportation.
232     (2)  The establishment of a referral process which responds
233to parental need for information and which is provided with full
234recognition of the confidentiality rights of parents. Resource
235and referral programs shall make referrals to licensed child
236care facilities. Referrals shall be made to an unlicensed child
237care facility or arrangement only if there is no requirement
238that the facility or arrangement be licensed.
239     (3)  Maintenance of ongoing documentation of requests for
240service tabulated through the internal referral process. The
241following documentation of requests for service shall be
242maintained by all child care resource and referral agencies:
243     (a)  Number of calls and contacts to the child care
244information and referral agency component by type of service
245requested.
246     (b)  Ages of children for whom service was requested.
247     (c)  Time category of child care requests for each child.
248     (d)  Special time category, such as nights, weekends, and
249swing shift.
250     (e)  Reason that the child care is needed.
251     (f)  Name of the employer and primary focus of the
252business.
253     (4)  Provision of technical assistance to existing and
254potential providers of child care services. This assistance may
255include:
256     (a)  Information on initiating new child care services,
257zoning, and program and budget development and assistance in
258finding such information from other sources.
259     (b)  Information and resources which help existing child
260care services providers to maximize their ability to serve
261children and parents in their community.
262     (c)  Information and incentives which could help existing
263or planned child care services offered by public or private
264employers seeking to maximize their ability to serve the
265children of their working parent employees in their community,
266through contractual or other funding arrangements with
267businesses.
268     (5)  Assistance to families and employers in applying for
269various sources of subsidy including, but not limited to,
270subsidized child care, head start, prekindergarten early
271intervention programs, Project Independence, private
272scholarships, and the federal dependent care tax credit.
273     (6)  Assistance to state agencies in determining the market
274rate for child care.
275     (7)  Assistance in negotiating discounts or other special
276arrangements with child care providers.
277     (8)  Information and assistance to local interagency
278councils coordinating services for prekindergarten handicapped
279children.
280     (9)  Assistance to families in identifying summer
281recreation camp and summer day camp programs and in evaluating
282the health and safety qualities of summer recreation camp and
283summer day camp programs and in evaluating the health and safety
284qualities of summer camp programs. Contingent upon specific
285appropriation, a checklist of important health and safety
286qualities that parents can use to choose their summer camp
287programs shall be developed and distributed in a manner that
288will reach parents interested in such programs for their
289children.
290     (10)  A child care facility licensed under s. 402.305 and
291licensed and registered family day care homes must provide the
292statewide child care and resource and referral agencies with the
293following information annually:
294     (a)  Type of program.
295     (b)  Hours of service.
296     (c)  Ages of children served.
297     (d)  Fees and eligibility for services.
298     (11)  The Agency for Workforce Innovation shall adopt any
299rules necessary for the implementation and administration of
300this section.
301     Section 4.  Section 409.178, Florida Statutes, is
302renumbered as section 411.0102, Florida Statutes, and subsection
303(4), paragraphs (b), (c), and (d) of subsection (5), and
304subsection (6) of that section are amended to read:
305     411.0102 409.178  Child Care Executive Partnership Act;
306findings and intent; grant; limitation; rules.--
307     (4)  The Child Care Executive Partnership, staffed by the
308Agency for Workforce Innovation department, shall consist of a
309representative of the Executive Office of the Governor and nine
310members of the corporate or child care community, appointed by
311the Governor.
312     (a)  Members shall serve for a period of 4 years, except
313that the representative of the Executive Office of the Governor
314shall serve at the pleasure of the Governor.
315     (b)  The Child Care Executive Partnership shall be chaired
316by a member chosen by a majority vote and shall meet at least
317quarterly and at other times upon the call of the chair.
318     (c)  Members shall serve without compensation, but may be
319reimbursed for per diem and travel expenses in accordance with
320s. 112.061.
321     (d)  The Child Care Executive Partnership shall have all
322the powers and authority, not explicitly prohibited by statute,
323necessary to carry out and effectuate the purposes of this
324section, as well as the functions, duties, and responsibilities
325of the partnership, including, but not limited to, the
326following:
327     1.  Assisting in the formulation and coordination of the
328state's child care policy.
329     2.  Adopting an official seal.
330     3.  Soliciting, accepting, receiving, investing, and
331expending funds from public or private sources.
332     4.  Contracting with public or private entities as
333necessary.
334     5.  Approving an annual budget.
335     6.  Carrying forward any unexpended state appropriations
336into succeeding fiscal years.
337     7.  Providing a report to the Governor, the Speaker of the
338House of Representatives, and the President of the Senate, on or
339before December 1 of each year.
340     (5)
341     (b)  To ensure a seamless service delivery and ease of
342access for families, an early learning coalition the community
343coordinated child care agencies or the state resource and
344referral Agency for Workforce Innovation shall administer the
345child care purchasing pool funds.
346     (c)  The Agency for Workforce Innovation department, in
347conjunction with the Child Care Executive Partnership, shall
348develop procedures for disbursement of funds through the child
349care purchasing pools. In order to be considered for funding, an
350early learning coalition the community coordinated child care
351agency or the statewide resource and referral Agency for
352Workforce Innovation must commit to:
353     1.  Matching the state purchasing pool funds on a dollar-
354for-dollar basis; and
355     2.  Expending only those public funds which are matched by
356employers, local government, and other matching contributors who
357contribute to the purchasing pool. Parents shall also pay a fee,
358which shall be not less than the amount identified in the early
359learning coalition's department's subsidized child care sliding
360fee scale.
361     (d)  Each early learning coalition community coordinated
362child care agency shall be required to establish a community
363child care task force for each child care purchasing pool. The
364task force must be composed of employers, parents, private child
365care providers, and one representative from the local children's
366services council, if one exists in the area of the purchasing
367pool. The early learning coalition community coordinated child
368care agency is expected to recruit the task force members from
369existing child care councils, commissions, or task forces
370already operating in the area of a purchasing pool. A majority
371of the task force shall consist of employers. Each task force
372shall develop a plan for the use of child care purchasing pool
373funds. The plan must show how many children will be served by
374the purchasing pool, how many will be new to receiving child
375care services, and how the early learning coalition community
376coordinated child care agency intends to attract new employers
377and their employees to the program.
378     (6)  The Agency for Workforce Innovation Department of
379Children and Family Services shall adopt any rules necessary for
380the implementation and administration of this section.
381     Section 5.  Subsection (3) of section 1002.55, Florida
382Statutes, is amended to read:
383     1002.55  School-year prekindergarten program delivered by
384private prekindergarten providers.--
385     (3)  To be eligible to deliver the prekindergarten program,
386a private prekindergarten provider must meet each of the
387following requirements:
388     (a)  The private prekindergarten provider must be a child
389care facility licensed under s. 402.305, family day care home
390licensed under s. 402.313, large family child care home licensed
391under s. 402.3131, nonpublic school exempt from licensure under
392s. 402.3025(2), or faith-based child care provider exempt from
393licensure under s. 402.316.
394     (b)  The private prekindergarten provider must:
395     1.  Be accredited by an accrediting association that is a
396member of the National Council for Private School Accreditation,
397the Commission on International and Trans-Regional
398Accreditation, or the Florida Association of Academic Nonpublic
399Schools and have written accreditation standards that meet or
400exceed the state's licensing requirements under s. 402.305, s.
401402.313, or s. 402.3131 and require at least one on-site visit
402to the provider or school before accreditation is granted;
403     2.  Hold a current Gold Seal Quality Care designation under
404s. 402.281; or
405     3.  Be licensed under s. 402.305, s. 402.313, or s.
406402.3131 and demonstrate, before delivering the Voluntary
407Prekindergarten Education Program, as verified by the early
408learning coalition, that the provider meets each of the
409requirements of the program under this part, including, but not
410limited to, the requirements for credentials and background
411screenings of prekindergarten instructors under paragraphs (c)
412and (d), minimum and maximum class sizes under paragraph (f)(e),
413prekindergarten director credentials under paragraph (g)(f), and
414a developmentally appropriate curriculum under s. 1002.67(2)(b).
415     (c)  The private prekindergarten provider must have, for
416each prekindergarten class, at least one prekindergarten
417instructor who meets each of the following requirements:
418     1.  The prekindergarten instructor must hold, at a minimum,
419one of the following credentials:
420     a.  A child development associate credential issued by the
421National Credentialing Program of the Council for Professional
422Recognition; or
423     b.  A credential approved by the Department of Children and
424Family Services as being equivalent to or greater than the
425credential described in sub-subparagraph a.
426
427The Department of Children and Family Services may adopt rules
428under ss. 120.536(1) and 120.54 which provide criteria and
429procedures for approving equivalent credentials under sub-
430subparagraph b.
431     2.  The prekindergarten instructor must successfully
432complete an emergent literacy training course approved by the
433department as meeting or exceeding the minimum standards adopted
434under s. 1002.59. This subparagraph does not apply to a
435prekindergarten instructor who successfully completes approved
436training in early literacy and language development under s.
437402.305(2)(d)5., s. 402.313(6), or s. 402.3131(5) before the
438establishment of one or more emergent literacy training courses
439under s. 1002.59 or April 1, 2005, whichever occurs later.
440     (d)  Each prekindergarten instructor employed by the
441private prekindergarten provider must be of good moral
442character, shall be subject to must be screened using the level
4432 background screening requirements in chapter 435, and must be
444standards in s. 435.04 before employment and rescreened at least
445once every 5 years. The 5-year rescreening shall not require
446refingerprinting unless the instructor has experienced a break
447in covered employment of more than 90 days. A prekindergarten
448instructor, must be denied employment or terminated if required
449under s. 435.06, and must not be ineligible to teach in a public
450school because his or her educator certificate is suspended or
451revoked.
452     (e)  A private prekindergarten provider may assign a
453substitute instructor to temporarily replace a credentialed
454instructor if the credentialed instructor assigned to a
455prekindergarten class is absent, as long as the substitute
456instructor is of good moral character and has been screened in
457accordance with level 2 background screening requirements in
458chapter 435. The Agency for Workforce Innovation shall adopt
459rules to implement this paragraph which shall include required
460qualifications of substitute instructors and the circumstances
461and time limits for which a private prekindergarten provider may
462assign a substitute instructor.
463     (f)(e)  Each of the private prekindergarten provider's
464prekindergarten classes must be composed of at least 4 students
465but may not exceed 18 students. In order to protect the health
466and safety of students, each private prekindergarten provider
467must also provide appropriate adult supervision for students at
468all times and, for each prekindergarten class composed of 11 or
469more students, must have, in addition to a prekindergarten
470instructor who meets the requirements of paragraph (c), at least
471one adult prekindergarten instructor who is not required to meet
472those requirements but who must meet each requirement of
473paragraph (d). This paragraph does not supersede any requirement
474imposed on a provider under ss. 402.301-402.319.
475     (g)(f)  Before the beginning of the 2006-2007 school year,
476the private prekindergarten provider must have a prekindergarten
477director who has a prekindergarten director credential that is
478approved by the department as meeting or exceeding the minimum
479standards adopted under s. 1002.57. Successful completion of a
480child care facility director credential under s. 402.305(2)(f)
481before the establishment of the prekindergarten director
482credential under s. 1002.57 or July 1, 2006, whichever occurs
483later, satisfies the requirement for a prekindergarten director
484credential under this paragraph.
485     (h)(g)  The private prekindergarten provider must register
486with the early learning coalition on forms prescribed by the
487Agency for Workforce Innovation.
488     (i)(h)  The private prekindergarten provider must deliver
489the Voluntary Prekindergarten Education Program in accordance
490with this part.
491     Section 6.  Section 1002.61, Florida Statutes, is amended
492to read:
493     1002.61  Summer prekindergarten program delivered by public
494schools and private prekindergarten providers.--
495     (1)(a)  Each school district shall administer the Voluntary
496Prekindergarten Education Program at the district level for
497students enrolled under s. 1002.53(3)(b) in a summer
498prekindergarten program delivered by a public school.
499     (b)  Each early learning coalition shall administer the
500Voluntary Prekindergarten Education Program at the county or
501regional level for students enrolled under s. 1002.53(3)(b) in a
502summer prekindergarten program delivered by a private
503prekindergarten provider.
504     (2)  Each summer prekindergarten program delivered by a
505public school or private prekindergarten provider must:
506     (a)  Comprise at least 300 instructional hours;
507     (b)  Not begin earlier than May 1 of the school year; and
508     (c)  Not deliver the program for a child earlier than the
509summer immediately before the school year for which the child is
510eligible for admission to kindergarten in a public school under
511s. 1003.21(1)(a)2.
512     (3)(a)  Each district school board shall determine which
513public schools in the school district are eligible to deliver
514the summer prekindergarten program. The school district shall
515use educational facilities available in the public schools
516during the summer term for the summer prekindergarten program.
517     (b)  Except as provided in this section, to be eligible to
518deliver the summer prekindergarten program, a private
519prekindergarten provider must meet each requirement in s.
5201002.55.
521     (4)  Notwithstanding ss. 1002.55(3)(c)1. and 1002.63(5),
522each public school and private prekindergarten provider must
523have, for each prekindergarten class, at least one
524prekindergarten instructor who:
525     (a)  Is a certified teacher; or
526     (b)  Holds one of the educational credentials specified in
527s. 1002.55(4)(a) or (b).
528
529As used in this subsection, the term "certified teacher" means a
530teacher holding a valid Florida educator certificate under s.
5311012.56 who has the qualifications required by the district
532school board to instruct students in the summer prekindergarten
533program. In selecting instructional staff for the summer
534prekindergarten program, each school district shall give
535priority to teachers who have experience or coursework in early
536childhood education.
537     (5)  Each prekindergarten instructor employed by a public
538school or private prekindergarten provider delivering the summer
539prekindergarten program must be of good moral character, shall
540be subject to must be screened using the level 2 background
541screening requirements in chapter 435, and must be standards in
542s. 435.04 before employment and rescreened at least once every 5
543years. The 5-year rescreening shall not require refingerprinting
544unless the instructor has experienced a break in covered
545employment of more than 90 days. A prekindergarten instructor,
546must be denied employment or terminated if required under s.
547435.06, and must not be ineligible to teach in a public school
548because his or her educator certificate is suspended or revoked.
549This subsection does not supersede employment requirements for
550instructional personnel in public schools which are more
551stringent than the requirements of this subsection.
552     (6)  A public school or private prekindergarten provider
553may assign a substitute instructor to temporarily replace a
554credentialed instructor if the credentialed instructor assigned
555to a prekindergarten class is absent, as long as the substitute
556instructor is of good moral character and has been screened in
557accordance with level 2 background screening requirements in
558chapter 435. The Agency for Workforce Innovation shall adopt
559rules to implement this subsection which shall include required
560qualifications of substitute instructors and the circumstances
561and time limits for which a public school or private
562prekindergarten provider may assign a substitute instructor.
563     (7)(6)  Notwithstanding ss. 1002.55(3)(f)(e) and
5641002.63(8)(7), each prekindergarten class in the summer
565prekindergarten program, regardless of whether the class is a
566public school's or private prekindergarten provider's class,
567must be composed of at least 4 students but may not exceed 10
568students. In order to protect the health and safety of students,
569each public school or private prekindergarten provider must also
570provide appropriate adult supervision for students at all times.
571This subsection does not supersede any requirement imposed on a
572provider under ss. 402.301-402.319.
573     (8)(7)  Each public school delivering the summer
574prekindergarten program must also:
575     (a)  Register with the early learning coalition on forms
576prescribed by the Agency for Workforce Innovation; and
577     (b)  Deliver the Voluntary Prekindergarten Education
578Program in accordance with this part.
579     Section 7.  Section 1002.63, Florida Statutes, is amended
580to read:
581     1002.63  School-year prekindergarten program delivered by
582public schools.--
583     (1)  Each school district eligible under subsection (4) may
584administer the Voluntary Prekindergarten Education Program at
585the district level for students enrolled under s. 1002.53(3)(c)
586in a school-year prekindergarten program delivered by a public
587school.
588     (2)  Each school-year prekindergarten program delivered by
589a public school must comprise at least 540 instructional hours.
590     (3)  The district school board of each school district
591eligible under subsection (4) shall determine which public
592schools in the district are eligible to deliver the
593prekindergarten program during the school year.
594     (4)  To be eligible to deliver the prekindergarten program
595during the school year, each school district must meet both of
596the following requirements:
597     (a)  The district school board must certify to the State
598Board of Education that the school district:
599     1.  Has reduced the average class size in each classroom in
600accordance with s. 1003.03 and the schedule in s. 1(a), Art. IX
601of the State Constitution; and
602     2.  Has sufficient satisfactory educational facilities and
603capital outlay funds to continue reducing the average class size
604in each classroom in the district's elementary schools for each
605year in accordance with the schedule for class size reduction
606and to achieve full compliance with the maximum class sizes in
607s. 1(a), Art. IX of the State Constitution by the beginning of
608the 2010-2011 school year.
609     (b)  The Commissioner of Education must certify to the
610State Board of Education that the department has reviewed the
611school district's educational facilities, capital outlay funds,
612and projected student enrollment and concurs with the district
613school board's certification under paragraph (a).
614     (5)  Each public school must have, for each prekindergarten
615class, at least one prekindergarten instructor who meets each
616requirement in s. 1002.55(3)(c) for a prekindergarten instructor
617of a private prekindergarten provider.
618     (6)  Each prekindergarten instructor employed by a public
619school delivering the school-year prekindergarten program must
620be of good moral character, shall be subject to must be screened
621using the level 2 background screening requirements in chapter
622435, and must be standards in s. 435.04 before employment and
623rescreened at least once every 5 years. The 5-year rescreening
624shall not require refingerprinting unless the instructor has
625experienced a break in covered employment of more than 90 days.
626A prekindergarten instructor, must be denied employment or
627terminated if required under s. 435.06, and must not be
628ineligible to teach in a public school because his or her
629educator certificate is suspended or revoked. This subsection
630does not supersede employment requirements for instructional
631personnel in public schools which are more stringent than the
632requirements of this subsection.
633     (7)  A public school prekindergarten provider may assign a
634substitute instructor to temporarily replace a credentialed
635instructor if the credentialed instructor assigned to a
636prekindergarten class is absent, as long as the substitute
637instructor is of good moral character and has been screened in
638accordance with level 2 background screening requirements in
639chapter 435. The Agency for Workforce Innovation shall adopt
640rules to implement this subsection which shall include required
641qualifications of substitute instructors and the circumstances
642and time limits for which a public school prekindergarten
643provider may assign a substitute instructor.
644     (8)(7)  Each prekindergarten class in a public school
645delivering the school-year prekindergarten program must be
646composed of at least 4 students but may not exceed 18 students.
647In order to protect the health and safety of students, each
648school must also provide appropriate adult supervision for
649students at all times and, for each prekindergarten class
650composed of 11 or more students, must have, in addition to a
651prekindergarten instructor who meets the requirements of s.
6521002.55(3)(c), at least one adult prekindergarten instructor who
653is not required to meet those requirements but who must meet
654each requirement of subsection (6).
655     (9)(8)  Each public school delivering the school-year
656prekindergarten program must:
657     (a)  Register with the early learning coalition on forms
658prescribed by the Agency for Workforce Innovation; and
659     (b)  Deliver the Voluntary Prekindergarten Education
660Program in accordance with this part.
661     Section 8.  This act shall take effect July 1, 2008.


CODING: Words stricken are deletions; words underlined are additions.
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