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A bill to be entitled 1
An act relating to funding for the school readiness 2
program; amending s. 1002.81, F.S.; conforming a 3
cross-reference to changes made by the act; amending 4
s. 1002.82, F.S.; requiring the Department of 5
Education to establish procedures for the annual 6
calculation of the prevailing market rate and the 7
annual collection of certain data; conforming cross -8
references to changes made by the act; amending s. 9
1002.84, F.S.; establishing the distribution 10
methodology that early learning coalitions must use to 11
distribute school readiness program funds to eligible 12
providers; providing requirements for early learning 13
coalitions; amending s. 1002.85, F.S.; revising the 14
requirements for the school readiness program plan 15
submitted to the department by early learning 16
coalitions; amending s. 1002.87, F.S.; conforming a 17
cross-reference to changes made by the act; amending 18
s. 1002.89, F.S.; providing for the determination of 19
school readiness program funding for early learning 20
coalitions; providing requirements for such funding 21
calculations; amending s. 1002.895, F.S.; providing 22
for the determination of the market rate schedule; 23
requiring the department to establish procedures for 24
the annual collection of specified data; requiring the 25
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department to provide certain data to the Early 26
Learning Programs Estimating Conference; creating s. 27
1002.90, F.S.; requiring the principals of the 28
conference to annually develop official cost -of-care 29
information; providing requirements for conference 30
principals; requiring the department to provide 31
conference principals with specified data; requiring 32
the conference to annually provide the official cost -33
of-care information to the Legislature by a specified 34
date; amending s. 1002.92, F.S.; requiring certain 35
child care facilities to annually provide specifie d 36
data to the statewide child care and resource and 37
referral network; providing an effective date. 38
39
Be It Enacted by the Legislature of the State of Florida: 40
41
Section 1. Subsection (4) of section 1002.81, Florida 42
Statutes, is amended to read: 43
1002.81 Definitions.—Consistent with the requirements of 44
45 C.F.R. parts 98 and 99 and as used in this part, the term: 45
(4) "Direct enhancement services" means services for 46
families and children that are in addition to payments for the 47
placement of children in the school readiness program. Direct 48
enhancement services for families and children may include 49
supports for providers, parent training and involvement 50
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activities, and strategies to meet the needs of unique 51
populations and local eligibility priorities. Direct enhancement 52
services offered by an early learning coalition shall be 53
consistent with the activities prescribed in s. 1002.89(4)(b) s. 54
1002.89(5)(b). 55
Section 2. Paragraphs (d), (m), and (p) of subsection (2) 56
and paragraph (a) of subsection (7) of section 1002.82, Florida 57
Statutes, are amended to read: 58
1002.82 Department of Education; powers and duties. — 59
(2) The department shall: 60
(d) Establish procedures for the annual biennial 61
calculation of the prevailing market rate and procedures for the 62
annual collection of data to support the calculation of the cost 63
of care pursuant to s. 1002.90 or an alternative model that has 64
been approved by the Administration for Children and Families 65
pursuant to 45 C.F.R. s. 98.45(c) . 66
(m) Provide technical suppor t to an early learning 67
coalition to facilitate the use of a standard statewide provider 68
contract adopted by the department to be used with each school 69
readiness program provider, with standardized attachments by 70
provider type. The department shall publish a copy of the 71
standard statewide provider contract on its website. The 72
standard statewide contract shall include, at a minimum, 73
contracted slots, if applicable, in accordance with the Child 74
Care and Development Block Grant Act of 2014, 45 C.F.R. parts 98 75
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and 99; quality improvement strategies, if applicable; program 76
assessment requirements; and provisions for provider probation, 77
termination for cause, and emergency termination for those 78
actions or inactions of a provider that pose an immediate and 79
serious danger to the health, safety, or welfare of the 80
children. The standard statewide provider contract shall also 81
include appropriate due process procedures. During the pendency 82
of an appeal of a termination, the provider may not continue to 83
offer its services. Any provision imposed upon a provider that 84
is inconsistent with, or prohibited by, law is void and 85
unenforceable. Provisions for termination for cause must also 86
include failure to meet the minimum quality measures established 87
under paragraph (n) for a per iod of up to 5 years, unless the 88
coalition determines that the provider is essential to meeting 89
capacity needs based on the assessment under s. 1002.85(2)(i) s. 90
1002.85(2)(j) and the provider has an active improvement plan 91
pursuant to paragraph (n). 92
(p) No later than July 1, 2022, develop and adopt 93
requirements for the implementation of a program designed to 94
make available contracted slots to serve children at the 95
greatest risk of school failure as determined by such children 96
being located in an area that has been designated as a poverty 97
area tract according to the latest census data. The contracted 98
slot program may also be used to increase the availability of 99
child care capacity based on the assessment under s. 100
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1002.85(2)(i) s. 1002.85(2)(j). 101
(7) By January 1 of each year, the department shall 102
annually publish on its website a report of its activities 103
conducted under this section. The report must include a summary 104
of the coalitions' annual reports, a statewide summary, and the 105
following: 106
(a) An analysis of early learning activities throughout 107
the state, including the school readiness program and the 108
Voluntary Prekindergarten Education Program. 109
1. The total and average number of children served in the 110
school readiness program, enumerated by age, eligi bility 111
priority category, and coalition, and the total number of 112
children served in the Voluntary Prekindergarten Education 113
Program. 114
2. A summary of expenditures by coalition, by fund source, 115
including a breakdown by coalition of the percentage of 116
expenditures for administrative activities, quality activities, 117
nondirect services, and direct services for children. 118
3. A description of the department's and each coalition's 119
expenditures by fund source for the quality and enhancement 120
activities described in s. 1002.89(4)(b) s. 1002.89(5)(b). 121
4. A summary of annual findings and collections related to 122
provider fraud and parent fraud. 123
5. Data regarding the coalitions' delivery of early 124
learning programs. 125
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6. The total number of children disenrolled statewid e and 126
the reason for disenrollment. 127
7. The total number of providers by provider type. 128
8. The number of school readiness program providers who 129
have completed the program assessment required under paragraph 130
(2)(n); the number of providers who have not m et the minimum 131
program assessment composite score for contracting established 132
under paragraph (2)(n); and the number of providers that have an 133
active improvement plan based on the results of the program 134
assessment under paragraph (2)(n). 135
9. The total number of provider contracts revoked and the 136
reasons for revocation. 137
Section 3. Subsection (17) of section 1002.84, Florida 138
Statutes, is amended to read: 139
1002.84 Early learning coalitions; school readiness powers 140
and duties.—Each early learning coaliti on shall: 141
(17)(a) Distribute the school readiness program funds as 142
allocated in the General Appropriations Act to the eligible 143
providers using the following methodology: 144
1. For each county in the early learning coalition, 145
multiply the cost of care by c are level as provided in s. 146
1002.90 by the county's district cost differential provided in 147
s. 1011.62(2). 148
2. If a county enacted a local ordinance before 149
January 1, 2022, that establishes the county's staff -to-children 150
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ratio for licensed child care faci lities below the ratio 151
established in s. 402.305(4), multiply the provider 152
reimbursement rates for that county by the adjustment factor 153
specified in the General Appropriations Act. 154
3. Apply the weight established pursuant to s. 1002.90 for 155
each provider type to calculate the minimum provider 156
reimbursement rates by care level. 157
4. Multiply the weighted provider reimbursement rates by 158
22 percent to determine the amount of the school readiness 159
allocation an early learning coalition is eligible to retain 160
pursuant to s. 1002.89(4). 161
(b) Distribute to each eligible provider the minimum 162
provider reimbursement rate, by provider type and care level, 163
regardless of the provider's private pay rate. All minimum 164
provider reimbursement rates shall be charged as direc t services 165
pursuant to s. 1002.89. 166
167
Each early learning coalition with approved minimum provider 168
reimbursement rates for the infant to age 5 care levels that are 169
higher than the minimum provider reimbursement rates established 170
in this subsection may contin ue to implement its approved 171
minimum provider reimbursement rates until the rates established 172
in this subsection exceed its approved rates Adopt a payment 173
schedule that encompasses all programs funded under this part 174
and part V of this chapter. The payment schedule must take into 175
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consideration the prevailing market rate or an alternative model 176
that has been approved by the Administration for Children and 177
Families pursuant to 45 C.F.R. s. 98.45(c), include the 178
projected number of children to be served, and b e submitted for 179
approval by the department. Informal child care arrangements 180
shall be reimbursed at not more than 50 percent of the rate 181
adopted for a family day care home . 182
Section 4. Paragraphs (c) through (j) of subsection (2) of 183
section 1002.85, Flo rida Statutes, are redesignated as 184
paragraphs (b) through (i), respectively, and present paragraphs 185
(b) and (c) of that subsection are amended to read: 186
1002.85 Early learning coalition plans. — 187
(2) Each early learning coalition must biennially submit a 188
school readiness program plan to the department before the 189
expenditure of funds. A coalition may not implement its school 190
readiness program plan until it receives approval from the 191
department. A coalition may not implement any revision to its 192
school readiness program plan until the coalition submits the 193
revised plan to and receives approval from the department. If 194
the department rejects a plan or revision, the coalition must 195
continue to operate under its previously approved plan. The plan 196
must include, but is not limited to: 197
(b) The minimum number of children to be served by care 198
level. 199
(b)(c) The coalition's procedures for implementing the 200
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requirements of this part, including: 201
1. Single point of entry. 202
2. Uniform waiting list. 203
3. Eligibility and e nrollment processes and local 204
eligibility priorities for children pursuant to s. 1002.87. 205
4. Parent access and choice. 206
5. Sliding fee scale and policies on applying the waiver 207
or reduction of fees in accordance with s. 1002.84(9). 208
6. Use of preassessments and postassessments, as 209
applicable. 210
7. Payment rate schedule. 211
7.8. Use of contracted slots, as applicable, based on the 212
results of the assessment required under paragraph (i) (j). 213
Section 5. Paragraph (c) of subsection (1) of section 214
1002.87, Florida Statutes, is amended to read: 215
1002.87 School readiness program; eligibility and 216
enrollment.— 217
(1) Each early learning coalition shall give priority for 218
participation in the school readiness program as follows: 219
(c) Subsequent priority shall be given, based on the early 220
learning coalition's local priorities identified under s. 221
1002.85(2)(i) s. 1002.85(2)(j), to children who meet the 222
following criteria: 223
1. A child from birth to the beginning of the school year 224
for which the child is el igible for admission to kindergarten in 225
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a public school under s. 1003.21(1)(a)2. who is from a working 226
family that is economically disadvantaged, and may include such 227
child's eligible siblings, beginning with the school year in 228
which the sibling is eligibl e for admission to kindergarten in a 229
public school under s. 1003.21(1)(a)2. until the beginning of 230
the school year in which the sibling is eligible to begin 6th 231
grade, provided that the first priority for funding an eligible 232
sibling is local revenues avail able to the coalition for funding 233
direct services. 234
2. A child of a parent who transitions from the work 235
program into employment as described in s. 445.032 from birth to 236
the beginning of the school year for which the child is eligible 237
for admission to kin dergarten in a public school under s. 238
1003.21(1)(a)2. 239
3. An at-risk child who is at least 9 years of age but 240
younger than 13 years of age. An at -risk child whose sibling is 241
enrolled in the school readiness program within an eligibility 242
priority category listed in paragraphs (a) and (b) and 243
subparagraph 1. shall be given priority over other children who 244
are eligible under this paragraph. 245
4. A child who is younger than 13 years of age from a 246
working family that is economically disadvantaged. 247
5. A child of a parent who transitions from the work 248
program into employment as described in s. 445.032 who is 249
younger than 13 years of age. 250
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6. A child who has special needs, has been determined 251
eligible as a student with a disability, has a current 252
individual education plan with a Florida school district, and is 253
not younger than 3 years of age. A special needs child eligible 254
under this paragraph remains eligible until the child is 255
eligible for admission to kindergarten in a public school under 256
s. 1003.21(1)(a)2. 257
7. A child who otherwise meets one of the eligibility 258
criteria in paragraphs (a) and (b) and subparagraphs 1. and 2. 259
but who is also enrolled concurrently in the federal Head Start 260
Program and the Voluntary Prekindergarten Education Program. 261
Section 6. Section 1002.89, Florida Statutes, is amended 262
to read: 263
1002.89 School readiness program; funding. — 264
(1) DETERMINATION OF EARLY LEARNING COALITION SCHOOL 265
READINESS PROGRAM FUNDING. —Funding for the school readiness 266
program shall be used by allocated among the early learning 267
coalitions in accordance with this part section and the General 268
Appropriations Act. 269
(a) School readiness program allocation. —If the annual 270
allocation for the school readiness program is not determined in 271
the General Appropriations Act or the substantive bill 272
implementing the General Appropriations Act, it shall be 273
determined as follows: 274
1. For each county in the early learning coalition, the 275
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total school readiness eligible population, as adopted by the 276
Early Learning Programs Estimat ing Conference pursuant to s. 277
216.136(8), shall be multiplied by the county's district cost 278
differential provided in s. 1011.62(2). 279
2. If a county passed a local ordinance before January 1, 280
2022, that establishes the county's staff -to-children ratio for 281
licensed child care facilities below the ratio established in s. 282
402.305(4), multiply the product calculated in subparagraph 1. 283
by the adjustment factor specified in the General Appropriations 284
Act. 285
3. Each county's school readiness allocation shall be 286
based on the county's proportionate share of the total adjusted 287
eligible school readiness population. 288
(b) Gold Seal Quality Care Program allocation. —There is 289
created the Gold Seal Quality Care Program allocation to provide 290
eligible school readiness program providers the rate 291
differential established pursuant to s. 1002.945(6). Subject to 292
legislative appropriation, all expenditures from the Gold Seal 293
Quality Care Program allocation shall be used by the department 294
to help meet federal targeted requirements fo r improving quality 295
to the extent allowable in the state's approved Child Care and 296
Development Fund Plan. 297
(c) Differential payment program allocation. —There is 298
created the differential payment program allocation to provide 299
eligible school readiness progr am providers the differential pay 300
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established pursuant to s. 1002.82(2)(o). Subject to legislative 301
appropriation, all expenditures from the differential payment 302
program allocation shall be used by the department to help meet 303
federal targeted requirements f or improving quality to the 304
extent allowable in the state's approved Child Care and 305
Development Fund Plan. 306
(d) Special needs differential allocation. —There is 307
created the special needs differential allocation to assist 308
eligible school readiness program p roviders to implement the 309
special needs rate provisions defined in the state's approved 310
Child Care and Development Fund Plan. Subject to legislative 311
appropriation, each early learning coalition shall be reimbursed 312
based on actual expenditures. All expendit ures from the special 313
needs differential allocation shall be used by the department to 314
help meet federal targeted requirements for improving quality to 315
the extent allowable in the state's approved plan. 316
(2) INSTRUCTION REQUIREMENTS. —All instructions to e arly 317
learning coalitions for administering this section shall emanate 318
from the department in accordance with the policies of the 319
Legislature. 320
(3) All cost savings and all revenues received through a 321
mandatory sliding fee scale shall be used to increase t he number 322
of children served. 323
(3)(4) MATCHING FUND REQUIREMENTS. —All state, federal, and 324
local matching funds provided to an early learning coalition for 325
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purposes of this section shall be used for implementation of its 326
approved school readiness program p lan, including the hiring of 327
staff to effectively operate the school readiness program. 328
(4)(5) COST REQUIREMENTS.—Costs shall be kept to the 329
minimum necessary for the efficient and effective administration 330
of the school readiness program with the highest priority of 331
expenditure being direct services for eligible children. 332
However, no more than 5 percent of the funds allocated in 333
paragraph (1)(a) described in subsection (4) may be used for 334
administrative costs and no more than 22 percent of the funds 335
allocated in paragraph (1)(a) described in subsection (4) may be 336
used in any fiscal year for any combination of administrative 337
costs, quality activities, and nondirect services as follows: 338
(a) Administrative costs as described in 45 C.F.R. s. 339
98.54, which shall include monitoring providers using the 340
standard methodology adopted under s. 1002.82 to improve 341
compliance with state and federal regulations and law pursuant 342
to the requirements of the statewide provider contract adopted 343
under s. 1002.82(2)(m). 344
(b) Activities to improve the quality of child care as 345
described in 45 C.F.R. s. 98.53, which shall be limited to the 346
following: 347
1. Developing, establishing, expanding, operating, and 348
coordinating resource and referral programs specifically related 349
to the provision of comprehensive consumer education to parents 350
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and the public to promote informed child care choices specified 351
in 45 C.F.R. s. 98.33. 352
2. Awarding grants and providing financial support to 353
school readiness program providers and their staff to as sist 354
them in meeting applicable state requirements for the program 355
assessment required under s. 1002.82(2)(n), child care 356
performance standards, implementing developmentally appropriate 357
curricula and related classroom resources that support 358
curricula, providing literacy supports, and providing continued 359
professional development and training. Any grants awarded 360
pursuant to this subparagraph shall comply with ss. 215.971 and 361
287.058. 362
3. Providing training, technical assistance, and financial 363
support to school readiness program providers, staff, and 364
parents on standards, child screenings, child assessments, child 365
development research and best practices, developmentally 366
appropriate curricula, character development, teacher -child 367
interactions, age-appropriate discipline practices, health and 368
safety, nutrition, first aid, cardiopulmonary resuscitation, the 369
recognition of communicable diseases, and child abuse detection, 370
prevention, and reporting. 371
4. Providing, from among the funds provided for the 372
activities described in subparagraphs 1. -3., adequate funding 373
for infants and toddlers as necessary to meet federal 374
requirements related to expenditures for quality activities for 375
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infant and toddler care. 376
5. Improving the monitoring of compliance with, and 377
enforcement of, applicable state and local requirements as 378
described in and limited by 45 C.F.R. s. 98.40. 379
6. Responding to Warm -Line requests by providers and 380
parents, including providing developmental and health screenings 381
to school readiness program children. 382
(c) Nondirect services as described in applicable Office 383
of Management and Budget instructions are those services not 384
defined as administrative, direct, or quality services that are 385
required to administer the school readiness program. Such 386
services include, but are not limited to: 387
1. Assisting families to complete the required application 388
and eligibility documentation. 389
2. Determining child and family eligibility. 390
3. Recruiting eligible child care providers. 391
4. Processing and tracking attendance rec ords. 392
5. Developing and maintaining a statewide child care 393
information system. 394
395
As used in this paragraph, the term "nondirect services" does 396
not include payments to school readiness program providers for 397
direct services provided to children who are elig ible under s. 398
1002.87, administrative costs as described in paragraph (a), or 399
quality activities as described in paragraph (b). 400
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(5)(6) LIMITATION ON THE USE OF PROGRAM FUNDS. —Funds 401
appropriated for the school readiness program may not be 402
expended for the purchase or improvement of land; for the 403
purchase, construction, or permanent improvement of any building 404
or facility; or for the purchase of buses. However, funds may be 405
expended for minor remodeling and upgrading of child care 406
facilities which is necess ary for the administration of the 407
program and to ensure that providers meet state and local child 408
care standards, including applicable health and safety 409
requirements. 410
Section 7. Section 1002.895, Florida Statutes, is amended 411
to read: 412
1002.895 Market rate schedule.—The school readiness 413
program market rate schedule shall be implemented as follows: 414
(1) The department shall establish procedures for the 415
adoption of a market rate schedule until an alternative model 416
that has been approved by the Administra tion for Children and 417
Families pursuant to 45 C.F.R. s. 98.45(c) is available for 418
adoption. The schedule must include, at a minimum, county -by-419
county rates: 420
(a) The market rate, including the minimum and the maximum 421
rates for child care providers that ho ld a Gold Seal Quality 422
Care designation under s. 1002.945 and adhere to its accrediting 423
association's teacher -to-child ratios and group size 424
requirements. 425
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(b) The market rate for child care providers that do not 426
hold a Gold Seal Quality Care designation. 427
(2) The market rate schedule , at a minimum, must 428
differentiate rates by provider type, including, but not limited 429
to: 430
(a) Differentiate rates by type, including, but not 431
limited to, a Child care providers provider that hold holds a 432
Gold Seal Quality Care designation under s. 1002.945 and adhere 433
adheres to their its accrediting association's teacher -to-child 434
ratios and group size requirements ., a 435
(b) Child care providers facility licensed under s. 436
402.305, a public or nonpublic school exempt from lic ensure 437
under s. 402.3025, a faith-based child care providers facility 438
exempt from licensure under s. 402.316 that do does not hold a 439
Gold Seal Quality Care designation, and a large family child 440
care homes home licensed under s. 402.3131 that do not hold a 441
Gold Seal Quality Care designation. , 442
(c) Public or nonpublic schools exempt from licensure 443
under s. 402.3025. 444
(d) or a Family day care homes home licensed or registered 445
under s. 402.313. 446
(e) Large family child care homes licensed under s. 447
402.3131. 448
(3)(b) The market rate schedule must differentiate rates 449
by the type of child care services provided for children with 450
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special needs or risk categories, infants, toddlers, 2-year-old 451
children, 3-year-old children, 4-year-old children, 5-year-old 452
preschool-age children, and school -age children. 453
(4)(c) The market rate schedule must differentiate rates 454
between full-time and part-time child care services and consider 455
discounted rates for child care services for multiple children 456
in a single family. 457
(d) Consider discounted rates for child care services for 458
multiple children in a single family. 459
(5)(3) The market rate schedule must be based exclusively 460
on the prices charged for child care services. 461
(6) The department shall establish procedures to annual ly 462
collect data regarding the cost of care to include, but not be 463
limited to: 464
(a) Data from the Department of Economic Opportunity's 465
Bureau of Workforce Statistics and Economic Research on the 466
average salary for child care personnel to include, at a 467
minimum, child care instructors and child care directors. 468
(b) Data from child care providers as part of data 469
collected under s. 1002.92(4) to include, at a minimum, the 470
average annual cost of materials and curriculum, the average 471
annual cost of food and mai ntenance costs, and the average 472
annual cost of any regulatory fees or operational costs per 473
child. 474
(7) The department shall provide all applicable data 475
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collected in this section to the Early Learning Programs 476
Estimating Conference established pursuant to s. 216.136(8). 477
(4) The market rate schedule shall be considered by an 478
early learning coalition in the adoption of a payment schedule. 479
The payment schedule must take into consideration the prevailing 480
market rate and include the projected number of chil dren to be 481
served by each county and be submitted for approval by the 482
department. Informal child care arrangements shall be reimbursed 483
at not more than 50 percent of the rate adopted for a family day 484
care home. 485
(8)(5) The department may contract with one or more 486
qualified entities to administer this section and provide 487
support and technical assistance for child care providers. 488
(9)(6) The department may adopt rules for establishing 489
procedures for the collection of child care providers' market 490
rate, the calculation of the prevailing market rate by program 491
care level and provider type in a predetermined geographic 492
market, and the publication of the market rate schedule. 493
Section 8. Section 1002.90, Florida Statutes, is created 494
to read: 495
1002.90 School readiness cost-of-care information.—496
Annually, the principals of the Early Learning Programs 497
Estimating Conference established in s. 216.136(8) shall develop 498
official cost-of-care information based on actual school 499
readiness direct services program expenditu res and information 500
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provided pursuant to s. 1002.895. Conference principals shall 501
agree on the cost of child care by care level and provider type, 502
the provider type weights, and the methods of computation. The 503
department shall provide the conference princi pals with all 504
requested and necessary data to develop such information. The 505
data may include a matrix by early learning coalition of any 506
full-time equivalent changes made by the Division of Early 507
Learning as part of its administration of the school readine ss 508
program. The Early Learning Programs Estimating Conference shall 509
provide the official cost -of-care information to the Legislature 510
at least 90 days before the scheduled annual legislative 511
session. 512
Section 9. Subsection (4) of section 1002.92, Florida 513
Statutes, is amended to read: 514
1002.92 Child care and early childhood resource and 515
referral.— 516
(4) A child care facility licensed under s. 402.305 and 517
licensed and registered family day care homes must provide the 518
statewide child care and resource and r eferral network with the 519
following information annually: 520
(a) Type of program. 521
(b) Hours of service. 522
(c) Ages of children served. 523
(d) Fees and eligibility for services. 524
(e) Data required under s. 1002.895. 525
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Section 10. This act shall take effec t July 1, 2022. 526