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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
A bill to be entitled 1
An act relating to the Early Learning Scholarship 2
program; providing a short title; creating s. 1002.56, 3
F.S.; establishing the Early Learning Scholarship 4
program, administered by the Division of Early 5
Learning; providing the purpose of the program; 6
defining terms; specifying eligibility criteria; 7
providing that a student who receives a scholarship 8
remains eligible to participate until the student is 9
admitted to kindergarten or attains the age of 6 years 10
by a specified date; requiring program funds to be 11
used for a specified purpose; providing for the 12
administration of the program; requiring the division 13
to contract with an independent contractor to evaluate 14
the program; requiring that the evaluation include 15
specified recommendations; requiring the division to 16
submit a written copy of the evaluation to the 17
Legislature and certain state agencies by a specified 18
date; specifying provider eligibility criteria; 19
exempting the state from liability; providing that the 20
program does not expand the regulatory authority of 21
the state; requiring the State Board of Education to 22
adopt rules; providing an effective date. 23
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Be It Enacted by the Legislature of the State of F lorida: 25
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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Section 1. This act may be cited as the "Brighter Future 27
Act." 28
Section 2. Section 1002.56, Florida Statutes, is created 29
to read: 30
1002.56 Early Learning Scholarship program. — 31
(1) PURPOSE.—There is established the Early Learning 32
Scholarship program to be administered by the Division of Early 33
Learning. The program is established in order to close the 34
opportunity gap by increasing access to high -quality early 35
childhood education services. 36
(2) DEFINITIONS.—As used in this section, the term : 37
(a) "Direct certification list" has the same meaning as in 38
s. 1002.395(2). 39
(b) "Division" means the Division of Early Learning. 40
(c) "Household income" has the same meaning as in s. 41
1002.395(2). 42
(d) "Parent" means a resident of this state who is a 43
parent as defined in s. 1000.21(5). 44
(e) "Program" means the Early Learning Scholarship 45
program. 46
(f) "Provider" means a private prekindergarten provider 47
pursuant to s. 1002.55 or a contracted school readiness provider 48
pursuant to s. 1002.88 which meets the requirements of 49
subsection (6). 50
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(3) ELIGIBILITY.—A student is eligible for a scholarship 51
under the program to attend education services offered by 52
providers if: 53
(a) The student: 54
1. Is a resident of this state; 55
2. Is not receiving any other scholarship established 56
under this chapter; and 57
3. Meets at least one of the eligibility priorities 58
described in paragraph (5)(c); 59
(b) The student's household income level does not exceed 60
300 percent of the federal poverty level; and 61
(c) The student's parent has applied for a scholarship 62
with the division. 63
64
A student who initially receives a scholarship based on 65
eligibility under this subsection remains eligible to 66
participate until the student is admitted to kindergarten or 67
attains the age of 6 years by February 1 of any school year. 68
(4) USE OF FUNDS.—Funds awarded under the program must be 69
used for tuition and fees for eligible children to access 70
educational services offered by providers. 71
(5) ADMINISTRATION. — 72
(a) Subject to the appropriation of funds by the 73
Legislature, the division shall coordinate annually with early 74
learning coalitions to issue program scholarships. 75
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(b) The division shall establish application timelines and 76
determine the schedule for awarding scholarships in a manner 77
that meets the needs of eligible students and their parents. 78
Such awards must be made by direct payment from early learning 79
coalitions to program providers. 80
(c) An early learning coalition shall apply the following 81
priority order for students in awarding schol arships, beginning 82
with the highest priority: 83
1. Students who are in foster care. 84
2. Students who are infants or toddlers with a current 85
individualized family service plan. 86
3. Students who have a parent younger than 21 years of age 87
who is pursuing a high school or high school equivalency 88
diploma. 89
4. Students who are experiencing or have experienced 90
homelessness or who fall within the category "children known to 91
the department" as defined in s. 39.0016(1). 92
5. Students who have a household income th at does not 93
exceed 185 percent of the federal poverty level. 94
6. Students on the direct certification list. 95
7. Subject to the appropriation of general revenue funds 96
by the Legislature, students who have a household income above 97
185 percent but not excee ding 300 percent of the federal poverty 98
level. 99
(d) An early learning coalition may prioritize 100
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applications on the basis of additional factors, including 101
geographic location and whether the student's family is 102
currently enrolled in, or on a waiting list f or, a publicly 103
funded program that provides early education or child care 104
services. 105
(e) The division shall establish criteria for early 106
learning coalitions to use when determining the amount of 107
scholarship awards. The total amount of a scholarship award, or 108
the amount of a scholarship award in combination with any other 109
public funds received to provide early education or child care 110
services for the student, may not exceed the program provider's 111
published private pay rate. Scholarship funds may not be used to 112
supplant any federal funding received by the program to provide 113
services for the student. 114
(f) The division shall report on program implementation 115
and progress as part of its annual reporting requirements under 116
s. 1002.82(7). The report must include, at a minimum, 117
information on the number, ages, and priority levels of children 118
served and the total number and the total dollar amount of 119
scholarships awarded by priority level. 120
(g) The division shall contract with an independent 121
contractor to evaluate t he program. The evaluation must include 122
recommendations regarding the appropriate scholarship amount, 123
the efficiency and effectiveness of program administration, and 124
the impact on kindergarten readiness. By January 15, 2025, the 125
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division shall submit a wri tten copy of the evaluation to the 126
chairs and ranking minority members of the legislative 127
committees and to state agencies with primary jurisdiction over 128
kindergarten through grade 12 education. 129
(6) PROVIDER ELIGIBILITY. — 130
(a) A provider is eligible to receive scholarship funds if 131
the provider: 132
1. Meets the minimum performance metric or designation 133
under s. 1002.68(5); or 134
2. Demonstrates acceptable performance on the program 135
assessment under s. 1002.82(2)(n). 136
(b) A provider that is providing servic es under contract 137
with both the Voluntary Prekindergarten Education Program and 138
the school readiness program must satisfy the requirements of 139
subparagraphs (a)1. and 2. 140
(7) LIABILITY.—The state is not liable for the award of 141
funds or any use of awarded funds under this section. 142
(8) SCOPE OF AUTHORITY. —This section does not expand the 143
regulatory authority of the state, its officers, or the division 144
to impose additional regulations on participating private 145
Voluntary Prekindergarten Education Program providers beyond 146
those reasonably necessary to enforce requirements expressly set 147
forth in this section. 148
(9) RULES.—The State Board of Education shall adopt rules 149
to administer this section. 150
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Section 3. This act shall take effect July 1, 2022. 151