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310773
  Amendment
Bill No. HB 879
Amendment No. 310773
CHAMBER ACTION
Senate House
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1Representative Kelly offered the following:
2
3     Amendment (with title amendment)
4     Remove everything after the enacting clause and insert:
5     Section 1.  This act may be cited as the "Success in Early
6Learning Act."
7     Section 2.  Paragraph (a) of subsection (5) of section
8411.01, Florida Statutes, is amended to read:
9     411.01  School readiness programs; early learning
10coalitions.--
11     (5)  CREATION OF EARLY LEARNING COALITIONS.--
12     (a)  Early learning coalitions.--
13     1.  The Agency for Workforce Innovation shall establish the
14minimum number of children to be served by each early learning
15coalition through the coalition's school readiness program. The
16Agency for Workforce Innovation may only approve school
17readiness plans in accordance with this minimum number. The
18minimum number must be uniform for every early learning
19coalition and must:
20     a.  Permit 30 or fewer coalitions to be established; and
21     b.  Require each coalition to serve at least 2,000 children
22based upon the average number of all children served per month
23through the coalition's school readiness program during the
24previous 12 months.
25
26The Agency for Workforce Innovation shall adopt procedures for
27merging early learning coalitions, including procedures for the
28consolidation of merging coalitions, and for the early
29termination of the terms of coalition members which are
30necessary to accomplish the mergers. Each early learning
31coalition must comply with the merger procedures and shall be
32organized in accordance with this subparagraph by April 1, 2005.
33By June 30, 2005, each coalition must complete the transfer of
34powers, duties, functions, rules, records, personnel, property,
35and unexpended balances of appropriations, allocations, and
36other funds to the successor coalition, if applicable.
37     2.  If an early learning coalition would serve fewer
38children than the minimum number established under subparagraph
391., the coalition must merge with another county to form a
40multicounty coalition. However, the Agency for Workforce
41Innovation may authorize an early learning coalition to serve
42fewer children than the minimum number established under
43subparagraph 1., if:
44     a.  The coalition demonstrates to the Agency for Workforce
45Innovation that merging with another county or multicounty
46region contiguous to the coalition would cause an extreme
47hardship on the coalition;
48     b.  The Agency for Workforce Innovation has determined
49during the most recent annual review of the coalition's school
50readiness plan, or through monitoring and performance
51evaluations conducted under paragraph (4)(l), that the coalition
52has substantially implemented its plan and substantially met the
53performance standards and outcome measures adopted by the
54agency; and
55     c.  The coalition demonstrates to the Agency for Workforce
56Innovation the coalition's ability to effectively and
57efficiently implement the Voluntary Prekindergarten Education
58Program.
59
60If an early learning coalition fails or refuses to merge as
61required by this subparagraph, the Agency for Workforce
62Innovation may dissolve the coalition and temporarily contract
63with a qualified entity to continue school readiness and
64prekindergarten services in the coalition's county or
65multicounty region until the coalition is reestablished through
66resubmission of a school readiness plan and approval by the
67agency.
68     3.  Notwithstanding the provisions of subparagraphs 1. and
692., the early learning coalitions in Sarasota, Osceola, and
70Santa Rosa Counties which were in operation on January 1, 2005,
71are established and authorized to continue operation as
72independent coalitions, and shall not be counted within the
73limit of 30 coalitions established in subparagraph 1.
74     4.  Each early learning coalition shall be composed of at
75least 18 members but not more than 35 members. The Agency for
76Workforce Innovation shall adopt standards establishing within
77this range the minimum and maximum number of members that may be
78appointed to an early learning coalition. These standards must
79include variations for a coalition serving a multicounty region.
80Each early learning coalition must comply with these standards.
81     5.  The Governor shall appoint the chair and two other
82members of each early learning coalition, who must each meet the
83same qualifications as private sector business members appointed
84by the coalition under subparagraph 7.
85     6.  Each early learning coalition must include the
86following members:
87     a.  A Department of Children and Family Services district
88administrator or his or her designee who is authorized to make
89decisions on behalf of the department.
90     b.  A district superintendent of schools or his or her
91designee who is authorized to make decisions on behalf of the
92district, who shall be a nonvoting member.
93     c.  A regional workforce board executive director or his or
94her designee.
95     d.  A county health department director or his or her
96designee.
97     e.  A children's services council or juvenile welfare board
98chair or executive director, if applicable, who shall be a
99nonvoting member if the council or board is the fiscal agent of
100the coalition or if the council or board contracts with and
101receives funds from the coalition for any purpose other than
102rent.
103     f.  An agency head of a local licensing agency as defined
104in s. 402.302, where applicable.
105     g.  A president of a community college or his or her
106designee.
107     h.  One member appointed by a board of county
108commissioners.
109     i.  A central agency administrator, where applicable, who
110shall be a nonvoting member.
111     j.  A Head Start director, who shall be a nonvoting member.
112     k.  A representative of private child care providers,
113including family day care homes, who shall be a nonvoting
114member.
115     l.  A representative of faith-based child care providers,
116who shall be a nonvoting member.
117     m.  A representative of programs for children with
118disabilities under the federal Individuals with Disabilities
119Education Act, who shall be a nonvoting member.
120     7.  Including the members appointed by the Governor under
121subparagraph 5., more than one-third of the members of each
122early learning coalition must be private sector business members
123who do not have, and none of whose relatives as defined in s.
124112.3143 has, a substantial financial interest in the design or
125delivery of the Voluntary Prekindergarten Education Program
126created under part V of chapter 1002 or the coalition's school
127readiness program. To meet this requirement an early learning
128coalition must appoint additional members from a list of
129nominees submitted to the coalition by a chamber of commerce or
130economic development council within the geographic region served
131by the coalition. The Agency for Workforce Innovation shall
132establish criteria for appointing private sector business
133members. These criteria must include standards for determining
134whether a member or relative has a substantial financial
135interest in the design or delivery of the Voluntary
136Prekindergarten Education Program or the coalition's school
137readiness program.
138     8.  A majority of the voting membership of an early
139learning coalition constitutes a quorum required to conduct the
140business of the coalition. An early learning coalition board may
141use any method of telecommunications to conduct meetings,
142including establishing a quorum through telecommunications,
143provided that the public is given proper notice of a
144telecommunications meeting and reasonable access to observe and,
145when appropriate, participate.
146     9.  A voting member of an early learning coalition may not
147appoint a designee to act in his or her place, except as
148otherwise provided in this paragraph. A voting member may send a
149representative to coalition meetings, but that representative
150does not have voting privileges. When a district administrator
151for the Department of Children and Family Services appoints a
152designee to an early learning coalition, the designee is the
153voting member of the coalition, and any individual attending in
154the designee's place, including the district administrator, does
155not have voting privileges.
156     10.  Each member of an early learning coalition is subject
157to ss. 112.313, 112.3135, and 112.3143. For purposes of s.
158112.3143(3)(a), each voting member is a local public officer who
159must abstain from voting when a voting conflict exists.
160     11.  For purposes of tort liability, each member or
161employee of an early learning coalition shall be governed by s.
162768.28.
163     12.  An early learning coalition serving a multicounty
164region must include representation from each county.
165     13.  Each early learning coalition shall establish terms
166for all appointed members of the coalition. The terms must be
167staggered and must be a uniform length that does not exceed 4
168years per term. Appointed members may serve a maximum of two
169consecutive terms. When a vacancy occurs in an appointed
170position, the coalition must advertise the vacancy.
171     Section 3.  Section 402.27, Florida Statutes, is renumbered
172as section 411.0101, Florida Statutes, and amended to read:
173     411.0101 402.27  Child care and early childhood resource
174and referral.--The Agency for Workforce Innovation Department of
175Children and Family Services shall establish a statewide child
176care resource and referral network. Preference shall be given to
177using the already established early learning coalitions central
178agencies for subsidized child care as the child care resource
179and referral agency. If an early learning coalition the agency
180cannot comply with the requirements to offer the resource
181information component or does not want to offer that service,
182the early learning coalition Department of Children and Family
183Services shall select the resource information agency based upon
184a request for proposal pursuant to s. 411.01(5)(e)1. At least
185one child care resource and referral agency must be established
186in each early learning coalition's county or multicounty region
187district of the department, but no more than one may be
188established in any county. Child care resource and referral
189agencies shall provide the following services:
190     (1)  Identification of existing public and private child
191care and early childhood education services, including child
192care services by public and private employers, and the
193development of a resource file of those services. These services
194may include family day care, public and private child care
195programs, head start, prekindergarten early intervention
196programs, special education programs for prekindergarten
197handicapped children, services for children with developmental
198disabilities, full-time and part-time programs, before-school
199and after-school programs, vacation care programs, parent
200education, the WAGES Program, and related family support
201services. The resource file shall include, but not be limited
202to:
203     (a)  Type of program.
204     (b)  Hours of service.
205     (c)  Ages of children served.
206     (d)  Number of children served.
207     (e)  Significant program information.
208     (f)  Fees and eligibility for services.
209     (g)  Availability of transportation.
210     (2)  The establishment of a referral process which responds
211to parental need for information and which is provided with full
212recognition of the confidentiality rights of parents. Resource
213and referral programs shall make referrals to licensed child
214care facilities. Referrals shall be made to an unlicensed child
215care facility or arrangement only if there is no requirement
216that the facility or arrangement be licensed.
217     (3)  Maintenance of ongoing documentation of requests for
218service tabulated through the internal referral process. The
219following documentation of requests for service shall be
220maintained by all child care resource and referral agencies:
221     (a)  Number of calls and contacts to the child care
222information and referral agency component by type of service
223requested.
224     (b)  Ages of children for whom service was requested.
225     (c)  Time category of child care requests for each child.
226     (d)  Special time category, such as nights, weekends, and
227swing shift.
228     (e)  Reason that the child care is needed.
229     (f)  Name of the employer and primary focus of the
230business.
231     (4)  Provision of technical assistance to existing and
232potential providers of child care services. This assistance may
233include:
234     (a)  Information on initiating new child care services,
235zoning, and program and budget development and assistance in
236finding such information from other sources.
237     (b)  Information and resources which help existing child
238care services providers to maximize their ability to serve
239children and parents in their community.
240     (c)  Information and incentives which could help existing
241or planned child care services offered by public or private
242employers seeking to maximize their ability to serve the
243children of their working parent employees in their community,
244through contractual or other funding arrangements with
245businesses.
246     (5)  Assistance to families and employers in applying for
247various sources of subsidy including, but not limited to,
248subsidized child care, head start, prekindergarten early
249intervention programs, Project Independence, private
250scholarships, and the federal dependent care tax credit.
251     (6)  Assistance to state agencies in determining the market
252rate for child care.
253     (7)  Assistance in negotiating discounts or other special
254arrangements with child care providers.
255     (8)  Information and assistance to local interagency
256councils coordinating services for prekindergarten handicapped
257children.
258     (9)  Assistance to families in identifying summer
259recreation camp and summer day camp programs and in evaluating
260the health and safety qualities of summer recreation camp and
261summer day camp programs and in evaluating the health and safety
262qualities of summer camp programs. Contingent upon specific
263appropriation, a checklist of important health and safety
264qualities that parents can use to choose their summer camp
265programs shall be developed and distributed in a manner that
266will reach parents interested in such programs for their
267children.
268     (10)  A child care facility licensed under s. 402.305 and
269licensed and registered family day care homes must provide the
270statewide child care and resource and referral agencies with the
271following information annually:
272     (a)  Type of program.
273     (b)  Hours of service.
274     (c)  Ages of children served.
275     (d)  Fees and eligibility for services.
276     (11)  The Agency for Workforce Innovation shall adopt any
277rules necessary for the implementation and administration of
278this section.
279     Section 4.  Section 409.178, Florida Statutes, is
280renumbered as section 411.0102, Florida Statutes, and subsection
281(4), paragraphs (b), (c), and (d) of subsection (5), and
282subsection (6) of that section are amended to read:
283     411.0102 409.178  Child Care Executive Partnership Act;
284findings and intent; grant; limitation; rules.--
285     (4)  The Child Care Executive Partnership, staffed by the
286Agency for Workforce Innovation department, shall consist of a
287representative of the Executive Office of the Governor and nine
288members of the corporate or child care community, appointed by
289the Governor.
290     (a)  Members shall serve for a period of 4 years, except
291that the representative of the Executive Office of the Governor
292shall serve at the pleasure of the Governor.
293     (b)  The Child Care Executive Partnership shall be chaired
294by a member chosen by a majority vote and shall meet at least
295quarterly and at other times upon the call of the chair.
296     (c)  Members shall serve without compensation, but may be
297reimbursed for per diem and travel expenses in accordance with
298s. 112.061.
299     (d)  The Child Care Executive Partnership shall have all
300the powers and authority, not explicitly prohibited by statute,
301necessary to carry out and effectuate the purposes of this
302section, as well as the functions, duties, and responsibilities
303of the partnership, including, but not limited to, the
304following:
305     1.  Assisting in the formulation and coordination of the
306state's child care policy.
307     2.  Adopting an official seal.
308     3.  Soliciting, accepting, receiving, investing, and
309expending funds from public or private sources.
310     4.  Contracting with public or private entities as
311necessary.
312     5.  Approving an annual budget.
313     6.  Carrying forward any unexpended state appropriations
314into succeeding fiscal years.
315     7.  Providing a report to the Governor, the Speaker of the
316House of Representatives, and the President of the Senate, on or
317before December 1 of each year.
318     (5)
319     (b)  To ensure a seamless service delivery and ease of
320access for families, an early learning coalition the community
321coordinated child care agencies or the state resource and
322referral Agency for Workforce Innovation shall administer the
323child care purchasing pool funds.
324     (c)  The Agency for Workforce Innovation department, in
325conjunction with the Child Care Executive Partnership, shall
326develop procedures for disbursement of funds through the child
327care purchasing pools. In order to be considered for funding, an
328early learning coalition the community coordinated child care
329agency or the statewide resource and referral Agency for
330Workforce Innovation must commit to:
331     1.  Matching the state purchasing pool funds on a dollar-
332for-dollar basis; and
333     2.  Expending only those public funds which are matched by
334employers, local government, and other matching contributors who
335contribute to the purchasing pool. Parents shall also pay a fee,
336which shall be not less than the amount identified in the early
337learning coalition's department's subsidized child care sliding
338fee scale.
339     (d)  Each early learning coalition community coordinated
340child care agency shall be required to establish a community
341child care task force for each child care purchasing pool. The
342task force must be composed of employers, parents, private child
343care providers, and one representative from the local children's
344services council, if one exists in the area of the purchasing
345pool. The early learning coalition community coordinated child
346care agency is expected to recruit the task force members from
347existing child care councils, commissions, or task forces
348already operating in the area of a purchasing pool. A majority
349of the task force shall consist of employers. Each task force
350shall develop a plan for the use of child care purchasing pool
351funds. The plan must show how many children will be served by
352the purchasing pool, how many will be new to receiving child
353care services, and how the early learning coalition community
354coordinated child care agency intends to attract new employers
355and their employees to the program.
356     (6)  The Agency for Workforce Innovation Department of
357Children and Family Services shall adopt any rules necessary for
358the implementation and administration of this section.
359     Section 5.  Subsection (3) of section 1002.55, Florida
360Statutes, is amended to read:
361     1002.55  School-year prekindergarten program delivered by
362private prekindergarten providers.--
363     (3)  To be eligible to deliver the prekindergarten program,
364a private prekindergarten provider must meet each of the
365following requirements:
366     (a)  The private prekindergarten provider must be a child
367care facility licensed under s. 402.305, family day care home
368licensed under s. 402.313, large family child care home licensed
369under s. 402.3131, nonpublic school exempt from licensure under
370s. 402.3025(2), or faith-based child care provider exempt from
371licensure under s. 402.316.
372     (b)  The private prekindergarten provider must:
373     1.  Be accredited by an accrediting association that is a
374member of the National Council for Private School Accreditation,
375the Commission on International and Trans-Regional
376Accreditation, or the Florida Association of Academic Nonpublic
377Schools and have written accreditation standards that meet or
378exceed the state's licensing requirements under s. 402.305, s.
379402.313, or s. 402.3131 and require at least one on-site visit
380to the provider or school before accreditation is granted;
381     2.  Hold a current Gold Seal Quality Care designation under
382s. 402.281; or
383     3.  Be licensed under s. 402.305, s. 402.313, or s.
384402.3131 and demonstrate, before delivering the Voluntary
385Prekindergarten Education Program, as verified by the early
386learning coalition, that the provider meets each of the
387requirements of the program under this part, including, but not
388limited to, the requirements for credentials and background
389screenings of prekindergarten instructors under paragraphs (c)
390and (d), minimum and maximum class sizes under paragraph (f)(e),
391prekindergarten director credentials under paragraph (g)(f), and
392a developmentally appropriate curriculum under s. 1002.67(2)(b).
393     (c)  The private prekindergarten provider must have, for
394each prekindergarten class, at least one prekindergarten
395instructor who meets each of the following requirements:
396     1.  The prekindergarten instructor must hold, at a minimum,
397one of the following credentials:
398     a.  A child development associate credential issued by the
399National Credentialing Program of the Council for Professional
400Recognition; or
401     b.  A credential approved by the Department of Children and
402Family Services as being equivalent to or greater than the
403credential described in sub-subparagraph a.
404
405The Department of Children and Family Services may adopt rules
406under ss. 120.536(1) and 120.54 which provide criteria and
407procedures for approving equivalent credentials under sub-
408subparagraph b.
409     2.  The prekindergarten instructor must successfully
410complete an emergent literacy training course approved by the
411department as meeting or exceeding the minimum standards adopted
412under s. 1002.59. This subparagraph does not apply to a
413prekindergarten instructor who successfully completes approved
414training in early literacy and language development under s.
415402.305(2)(d)5., s. 402.313(6), or s. 402.3131(5) before the
416establishment of one or more emergent literacy training courses
417under s. 1002.59 or April 1, 2005, whichever occurs later.
418     (d)  Each prekindergarten instructor employed by the
419private prekindergarten provider must be of good moral
420character, must be screened using the level 2 screening
421standards in s. 435.04 before employment and rescreened at least
422once every 5 years, must be denied employment or terminated if
423required under s. 435.06, and must not be ineligible to teach in
424a public school because his or her educator certificate is
425suspended or revoked.
426     (e)  A private prekindergarten provider may assign a
427substitute instructor to temporarily replace a credentialed
428instructor if the credentialed instructor assigned to a
429prekindergarten class is absent, as long as the substitute
430instructor is of good moral character and has been screened in
431accordance with level 2 background screening requirements in
432chapter 435. The Agency for Workforce Innovation shall adopt
433rules to implement this paragraph which shall include required
434qualifications of substitute instructors and the circumstances
435and time limits for which a private prekindergarten provider may
436assign a substitute instructor.
437     (f)(e)  Each of the private prekindergarten provider's
438prekindergarten classes must be composed of at least 4 students
439but may not exceed 18 students. In order to protect the health
440and safety of students, each private prekindergarten provider
441must also provide appropriate adult supervision for students at
442all times and, for each prekindergarten class composed of 11 or
443more students, must have, in addition to a prekindergarten
444instructor who meets the requirements of paragraph (c), at least
445one adult prekindergarten instructor who is not required to meet
446those requirements but who must meet each requirement of
447paragraph (d). This paragraph does not supersede any requirement
448imposed on a provider under ss. 402.301-402.319.
449     (g)(f)  Before the beginning of the 2006-2007 school year,
450the private prekindergarten provider must have a prekindergarten
451director who has a prekindergarten director credential that is
452approved by the department as meeting or exceeding the minimum
453standards adopted under s. 1002.57. Successful completion of a
454child care facility director credential under s. 402.305(2)(f)
455before the establishment of the prekindergarten director
456credential under s. 1002.57 or July 1, 2006, whichever occurs
457later, satisfies the requirement for a prekindergarten director
458credential under this paragraph.
459     (h)(g)  The private prekindergarten provider must register
460with the early learning coalition on forms prescribed by the
461Agency for Workforce Innovation.
462     (i)(h)  The private prekindergarten provider must deliver
463the Voluntary Prekindergarten Education Program in accordance
464with this part.
465     Section 6.  Section 1002.61, Florida Statutes, is amended
466to read:
467     1002.61  Summer prekindergarten program delivered by public
468schools and private prekindergarten providers.--
469     (1)(a)  Each school district shall administer the Voluntary
470Prekindergarten Education Program at the district level for
471students enrolled under s. 1002.53(3)(b) in a summer
472prekindergarten program delivered by a public school.
473     (b)  Each early learning coalition shall administer the
474Voluntary Prekindergarten Education Program at the county or
475regional level for students enrolled under s. 1002.53(3)(b) in a
476summer prekindergarten program delivered by a private
477prekindergarten provider.
478     (2)  Each summer prekindergarten program delivered by a
479public school or private prekindergarten provider must:
480     (a)  Comprise at least 300 instructional hours;
481     (b)  Not begin earlier than May 1 of the school year; and
482     (c)  Not deliver the program for a child earlier than the
483summer immediately before the school year for which the child is
484eligible for admission to kindergarten in a public school under
485s. 1003.21(1)(a)2.
486     (3)(a)  Each district school board shall determine which
487public schools in the school district are eligible to deliver
488the summer prekindergarten program. The school district shall
489use educational facilities available in the public schools
490during the summer term for the summer prekindergarten program.
491     (b)  Except as provided in this section, to be eligible to
492deliver the summer prekindergarten program, a private
493prekindergarten provider must meet each requirement in s.
4941002.55.
495     (4)  Notwithstanding ss. 1002.55(3)(c)1. and 1002.63(5),
496each public school and private prekindergarten provider must
497have, for each prekindergarten class, at least one
498prekindergarten instructor who:
499     (a)  Is a certified teacher; or
500     (b)  Holds one of the educational credentials specified in
501s. 1002.55(4)(a) or (b).
502
503As used in this subsection, the term "certified teacher" means a
504teacher holding a valid Florida educator certificate under s.
5051012.56 who has the qualifications required by the district
506school board to instruct students in the summer prekindergarten
507program. In selecting instructional staff for the summer
508prekindergarten program, each school district shall give
509priority to teachers who have experience or coursework in early
510childhood education.
511     (5)  Each prekindergarten instructor employed by a public
512school or private prekindergarten provider delivering the summer
513prekindergarten program must be of good moral character, must be
514screened using the level 2 screening standards in s. 435.04
515before employment and rescreened at least once every 5 years,
516must be denied employment or terminated if required under s.
517435.06, and must not be ineligible to teach in a public school
518because his or her educator certificate is suspended or revoked.
519This subsection does not supersede employment requirements for
520instructional personnel in public schools which are more
521stringent than the requirements of this subsection.
522     (6)  A public school or private prekindergarten provider
523may assign a substitute instructor to temporarily replace a
524credentialed instructor if the credentialed instructor assigned
525to a prekindergarten class is absent, as long as the substitute
526instructor is of good moral character and has been screened in
527accordance with level 2 background screening requirements in
528chapter 435. This subsection does not supersede employment
529requirements for instructional personnel in public schools which
530are more stringent than the requirements of this subsection. The
531Agency for Workforce Innovation shall adopt rules to implement
532this subsection which shall include required qualifications of
533substitute instructors and the circumstances and time limits for
534which a public school or private prekindergarten provider may
535assign a substitute instructor.
536     (7)(6)  Notwithstanding ss. 1002.55(3)(f)(e) and
5371002.63(8)(7), each prekindergarten class in the summer
538prekindergarten program, regardless of whether the class is a
539public school's or private prekindergarten provider's class,
540must be composed of at least 4 students but may not exceed 10
541students. In order to protect the health and safety of students,
542each public school or private prekindergarten provider must also
543provide appropriate adult supervision for students at all times.
544This subsection does not supersede any requirement imposed on a
545provider under ss. 402.301-402.319.
546     (8)(7)  Each public school delivering the summer
547prekindergarten program must also:
548     (a)  Register with the early learning coalition on forms
549prescribed by the Agency for Workforce Innovation; and
550     (b)  Deliver the Voluntary Prekindergarten Education
551Program in accordance with this part.
552     Section 7.  Section 1002.63, Florida Statutes, is amended
553to read:
554     1002.63  School-year prekindergarten program delivered by
555public schools.--
556     (1)  Each school district eligible under subsection (4) may
557administer the Voluntary Prekindergarten Education Program at
558the district level for students enrolled under s. 1002.53(3)(c)
559in a school-year prekindergarten program delivered by a public
560school.
561     (2)  Each school-year prekindergarten program delivered by
562a public school must comprise at least 540 instructional hours.
563     (3)  The district school board of each school district
564eligible under subsection (4) shall determine which public
565schools in the district are eligible to deliver the
566prekindergarten program during the school year.
567     (4)  To be eligible to deliver the prekindergarten program
568during the school year, each school district must meet both of
569the following requirements:
570     (a)  The district school board must certify to the State
571Board of Education that the school district:
572     1.  Has reduced the average class size in each classroom in
573accordance with s. 1003.03 and the schedule in s. 1(a), Art. IX
574of the State Constitution; and
575     2.  Has sufficient satisfactory educational facilities and
576capital outlay funds to continue reducing the average class size
577in each classroom in the district's elementary schools for each
578year in accordance with the schedule for class size reduction
579and to achieve full compliance with the maximum class sizes in
580s. 1(a), Art. IX of the State Constitution by the beginning of
581the 2010-2011 school year.
582     (b)  The Commissioner of Education must certify to the
583State Board of Education that the department has reviewed the
584school district's educational facilities, capital outlay funds,
585and projected student enrollment and concurs with the district
586school board's certification under paragraph (a).
587     (5)  Each public school must have, for each prekindergarten
588class, at least one prekindergarten instructor who meets each
589requirement in s. 1002.55(3)(c) for a prekindergarten instructor
590of a private prekindergarten provider.
591     (6)  Each prekindergarten instructor employed by a public
592school delivering the school-year prekindergarten program must
593be of good moral character, must be screened using the level 2
594screening standards in s. 435.04 before employment and
595rescreened at least once every 5 years, must be denied
596employment or terminated if required under s. 435.06, and must
597not be ineligible to teach in a public school because his or her
598educator certificate is suspended or revoked. This subsection
599does not supersede employment requirements for instructional
600personnel in public schools which are more stringent than the
601requirements of this subsection.
602     (7)  A public school prekindergarten provider may assign a
603substitute instructor to temporarily replace a credentialed
604instructor if the credentialed instructor assigned to a
605prekindergarten class is absent, as long as the substitute
606instructor is of good moral character and has been screened in
607accordance with level 2 background screening requirements in
608chapter 435. This subsection does not supersede employment
609requirements for instructional personnel in public schools which
610are more stringent than the requirements of this subsection. The
611Agency for Workforce Innovation shall adopt rules to implement
612this subsection which shall include required qualifications of
613substitute instructors and the circumstances and time limits for
614which a public school prekindergarten provider may assign a
615substitute instructor.
616     (8)(7)  Each prekindergarten class in a public school
617delivering the school-year prekindergarten program must be
618composed of at least 4 students but may not exceed 18 students.
619In order to protect the health and safety of students, each
620school must also provide appropriate adult supervision for
621students at all times and, for each prekindergarten class
622composed of 11 or more students, must have, in addition to a
623prekindergarten instructor who meets the requirements of s.
6241002.55(3)(c), at least one adult prekindergarten instructor who
625is not required to meet those requirements but who must meet
626each requirement of subsection (6).
627     (9)(8)  Each public school delivering the school-year
628prekindergarten program must:
629     (a)  Register with the early learning coalition on forms
630prescribed by the Agency for Workforce Innovation; and
631     (b)  Deliver the Voluntary Prekindergarten Education
632Program in accordance with this part.
633     Section 8.  This act shall take effect July 1, 2008.
634
635
636
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637
T I T L E  A M E N D M E N T
638     Remove the entire title and insert:
639
A bill to be entitled
640An act relating to early learning; providing a short title;
641amending s. 411.01, F.S.; revising provisions relating to
642membership of early learning coalitions; authorizing use of
643telecommunication methods in conducting early learning coalition
644board meetings; amending and renumbering s. 402.27, F.S.;
645transferring requirements for the establishment of a statewide
646child care resource and referral network by the Department of
647Children and Family Services to the Agency for Workforce
648Innovation; providing for use of early learning coalitions as
649child care resource and referral agencies; requiring rulemaking;
650amending and renumbering s. 409.178, F.S.; transferring duties
651of the Department of Children and Family Services with respect
652to the Child Care Executive Partnership Program to the Agency
653for Workforce Innovation and early learning coalitions;
654requiring rulemaking; amending ss. 1002.55, 1002.61, and
6551002.63, F.S., relating to the Voluntary Prekindergarten
656Education Program; providing additional accreditation standards
657for private prekindergarten providers; providing requirements
658for assignment of substitute instructors; requiring rulemaking;
659conforming cross-references; providing an effective date.
660


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