Florida 2024 2024 Regular Session

Florida House Bill H0847 Analysis / Analysis

Filed 01/23/2024

                    This docum ent does not reflect the intent or official position of the bill sponsor or House of Representatives. 
STORAGE NAME: h0847.EQS 
DATE: 1/23/2024 
 
HOUSE OF REPRESENTATIVES STAFF ANALYSIS  
 
BILL #: HB 847    School Readiness Program 
SPONSOR(S): Bartleman and others 
TIED BILLS:  None. IDEN./SIM. BILLS: SB 1400 
 
REFERENCE 	ACTION ANALYST STAFF DIRECTOR or 
BUDGET/POLICY CHIEF 
1) Education Quality Subcommittee  	Blalock Sanchez 
2) PreK-12 Appropriations Subcommittee   
3) Education & Employment Committee   
SUMMARY ANALYSIS 
Established in 1999, the School Readiness program provides subsidies for child care services and early 
childhood education for children from low-income families; children in protective services who are at risk of 
abuse, neglect, abandonment, or homelessness; foster children; and children with disabilities. 
 
The bill revises the criteria for a child with special needs to receive priority for participation in the School 
Readiness program. Rather than basing eligibility on classification as a student with a disability, a student is 
determined eligible if he or she requires additional accommodations beyond those required by the Americans 
with Disabilities Act. The child's special needs and associated accommodations must be validated by a 
licensed health care professional, licensed mental health professional, or educational psychologist. This 
person may not be the child's parent or a person employed by a child care provider.  
 
Whereas presently a child must have a current individual education plan with a Florida school district in order 
to qualify for priority participation as a child with special needs, the bill would authorize the following forms of 
documentation to determine eligibility:  
 a current individual education plan with a Florida school district; 
 a current individualized family support plan; 
 a diagnosed special need; or 
 a determination of required accommodations. 
 
The bill expands eligibility of a child with special needs to infants and toddlers, rather than just a child who is at 
least 3 years old, and extends the use of the funds to before school, after school, and summer School 
Readiness programs.  
 
The bill provides that a School Readiness program provider is eligible for funding through the special needs 
differential allocation to implement the special needs rate if, by July 1, 2025: 
 the provider has met or exceeded the minimum program assessment composite score required for 
contracting as determined by the Florida Department of Education (DOE), as applicable, and  
 the provider has completed 10 hours of training in inclusive early childhood or inclusive school-age 
education practices within the preceding 2-year period with the provider completing an additional 10 
hours of such training each subsequent 5-year period as specified by the DOE. 
 
The bill does not appear to have a fiscal impact. 
 
The bill takes effect July 1, 2024.   STORAGE NAME: h0847.EQS 	PAGE: 2 
DATE: 1/23/2024 
  
FULL ANALYSIS 
I.  SUBSTANTIVE ANALYSIS 
 
A. EFFECT OF PROPOSED CHANGES: 
Background 
 
Established in 1999,
1
 the School Readiness program provides subsidies for child care services and 
early childhood education for children from low-income families; children in protective services who are 
at risk of abuse, neglect, abandonment, or homelessness; foster children; and children with 
disabilities.
2
 The School Readiness program offers financial assistance for child care to these families 
while supporting children in the development of skills for success in school. Additionally, the program 
provides developmental screening and referrals to health and education specialists where needed. 
These services are provided in conjunction with other programs for young children such as Head Start, 
Early Head Start, Migrant Head Start, Child Care Resource and Referral (CCR&R), and the Voluntary 
Prekindergarten Education (VPK) Program.
3
 
 
The School Readiness program is a state-federal partnership between the Florida Department of 
Education (DOE) and the Office of Child Care (OCC) of the United States Department of Health and 
Human Services.
4
 It is administered by early learning coalitions (ELCs) at the county or regional level.
5
 
DOE’s Division of Early Learning (DEL) is the lead administrator of the program at the state level, 
including statewide coordination of the ELCs.
6
  
 
Present Situation 
 
School Readiness Program Eligibility 
 
Federal regulations governing the Child Care and Development Fund (CCDF),
7
 the primary funding 
source for the School Readiness program, authorize states to use grant funds for child care services if: 
 the child is under 13 years of age or, at the state’s option, under age 19 if the child is physically 
or mentally incapable of caring for himself or herself or under court supervision; 
 the child’s family income does not exceed 85 percent of the state’s median income for a family 
of the same size; and 
 the child: 
o resides with a parent or parents who work or attend job training or educational programs; or 
o receives, or needs to receive, protective services.
8
 
 
Within these broad federal eligibility categories, Florida law specifies that ELCs must admit children into 
the School Readiness program according to the following priorities: 
 
 First priority is a child under 13 years of age from a family that includes a parent who is 
receiving temporary cash assistance and subject to federal work requirements
9
 or the parent 
                                                
1
 Section 1, ch. 99-357, L.O.F. 
2
 Sections 1002.81 and 1002.87, F.S. 
3
 Florida Department of Education (DOE), Division of Early Learning (DEL), What is School Readiness (SR)?, 
https://www.fldoe.org/schools/early-learning/parents/school-readiness.stml (last visited Jan. 11, 2024).  
4
 Section 1002.82(1), F.S. See also U.S. Department of Health and Human Services, Office of Child Care (OCC), OCC Fact Sheet, 
https://www.acf.hhs.gov/occ/comms-fact-sheet/occ-fact-sheet (last visited Jan. 11, 2024).  
5
 Section 1002.83(1), F.S. 
6
 Section 1002.82, F.S., See also DOE, DEL, What is School Readiness (SR)?, https://www.fldoe.org/schools/early-
learning/parents/school-readiness.stml (last visited Jan. 11, 2024).   
7
 45 C.F.R. parts 98 and 99. 
8
 45 C.F.R. s. 98.20(a). Florida does not provide school readiness funding for children 13-18 years of age who are physically or 
mentally incapable of self-care or under court supervision. See DOE, DEL, Child Care and Development Fund (CCDF) Plan for 
Florida FFY 2022‐2024, at 83, available at https://www.fldoe.org/core/fileparse.php/20628/urlt/2022-2024-CCDF-State-Plan.pdf 
[hereinafter CCDF State Plan].  STORAGE NAME: h0847.EQS 	PAGE: 3 
DATE: 1/23/2024 
  
has an Intensive Service Account or and Individual Training Account under Florida’s workforce 
one-stop delivery system.
10
 
 Second priority is a child under the age of 9 who is at-risk.
11
 
 Subsequent priority is based on a local ELC’s assessment based on the needs of 
families and provider capacity for the following: 
o A child, birth to beginning of the school year for which the child is eligible for 
kindergarten, from a working family that is economically disadvantaged
12
 and may 
include such a child’s eligible siblings who are eligible to enter kindergarten through the 
summer before sixth grade, provided that the ELC uses local revenues first.  
o A child of a parent who transitions from the work program into employment from birth 
through the summer before kindergarten. 
o An at-risk child, ages 9 – younger than 13. Such a child is given priority over other 
children if his or her sibling is enrolled in the School Readiness Program under eligibility 
priorities 1 or 2 or the first bullet of this section. 
o A child younger than 13 years of age from a working family that is economically 
disadvantaged.  
o A child younger than 13 years of age whose parent transitions from the work program 
into employment. 
o A child who is not younger than 3 years of age who has been determined eligible as a 
student with a disability and has a current individual education plan with a Florida school 
district. Such a child is eligible until he or she is old enough for kindergarten admission.
13
 
o An eligible child who is also concurrently enrolled in the Head Start program and the 
VPK Program.
14
 
 
Eligibility for the program must be reevaluated annually. Upon reevaluation, a child may not continue to 
receive school readiness program services if he or she has ceased to be eligible. A child who is 
ineligible due to a parent’s job loss or cessation of education or job training will continue to receive 
School Readiness program services for at least three months to enable the parent to obtain 
employment or resume education or job training.
15
 
 
In order to obtain a contract and deliver services for the School Readiness program, a provider must 
have a program assessment administered pursuant to s. 1002.82(2)(n), F.S. and obtain a minimum 
program assessment composite score of 4.0.
16
 
 
School Readiness Program Funding 
 
 Overview 
 
Florida’s School Readiness program funding is derived from four sources: 
 The CCDF
17
 
 The Temporary Assistance for Needy Families (TANF) Block Grant
18
 
                                                                                                                                                                                 
9
 Section 445.024(2), F.S. Recipients of assistance under a state’s Temporary Assistance for Needy Families Block Grant must meet 
Federal work requirements. These work requirements require a state to meet or exceed minimum rates of recipients participating in 
“work activities,” e.g., employment, education, job search, community service, and vocational training. 42 U.S.C. s. 607(a)-(d). Under 
Florida law, the maximum number of hours a recipient of subsidized child care, who is not otherwise exempt from work activity, may 
be required to work is 40 hours per week.  
10
 See s. 445.009, F.S.  
11
 Section 1002.81(1), F.S. The definition of an “at-risk child” includes, among other things, a child who is considered homeless or 
who may be experiencing abuse, neglect, abandonment, or exploitation.  
12
 Section 1002.81(6), F.S.  
13
 Section 1003.21(1)(a)2., F.S. Children who will have attained the age of 5 years on or before September 1 of the school year are 
eligible for admission to public kindergartens during that school year under rules adopted by the district school board. 
14
 Section 1002.87(1), F.S. 
15
 Section 1002.87(6), F.S. 
16
 Rule 6M-4.740, F.A.C. 
17
 A major purpose of the CCDF is to allow states to develop child care programs and policies that best suit the needs of children and 
parents.  45 C.F.R. s. 98.1.  STORAGE NAME: h0847.EQS 	PAGE: 4 
DATE: 1/23/2024 
  
 The Social Services Block Grant (SSBG)
19
 
 State General Revenue
20
 
 
The following chart shows the Fiscal Year 2023-2024 funding for Florida’s School Readiness program:   
 
Funding Source 	Amount 
CCDF 	$874.2 million 
TANF  	$94.1 million 
SSBG 	$500,000 
General Revenue 	$144.6 million 
 
The School Readiness program funds are distributed to the ELCs based upon an allocation 
methodology established in statute.
21
   
 
School Readiness program funding for eligible providers comes primarily from reimbursements from the 
ELC and tuition payments by participating families.
22
 Each ELC reimburses participating providers with 
appropriated funds for each eligible child, either through child care certificates provided by parents or 
through contracted slots.
23
 The reimbursement and co-payment amounts are determined locally by 
ELCs, subject to approval by the DOE. Any additional amount a parent must pay is based on the 
difference between the provider’s tuition rate and the sum of the reimbursement rate and required 
parent co-payment. Reimbursement amounts vary based on provider type and level of care, and co-
payments are determined using a sliding fee scale.
24
 
 
Special Needs Differential Allocation 
 
The special needs differential allocation was created to assist eligible School Readiness program 
providers with implementing the special needs rate provisions defined in the state’s approved CCDF 
Plan. Subject to legislative appropriation, each ELC must be reimbursed based on actual expenditures. 
All expenditures from the special needs differential allocation must be used by the DOE to help meet 
federal targeted requirements for improving quality to the extent allowable in the state’s approved 
plan.
25
 Currently, there is no required training or quality assurance verification required of a provider 
prior to receiving funds from the differential allocation.  
 
Effect of Proposed Changes 
 
The bill revises the criteria for a child with special needs to receive priority for participation in the School 
Readiness program. Rather than basing eligibility on classification as a student with a disability, a 
student is determined eligible if he or she requires additional accommodations beyond those required 
by the Americans with Disabilities Act. The child's special needs and associated accommodations must 
be validated by a licensed health care professional, licensed mental health professional, or educational 
psychologist. This person may not be the child's parent or a person employed by a child care provider.  
 
                                                                                                                                                                                 
18
 Part A of Title IV of the Social Security Act, as codified in 42 U.S.C. ss. 601, et seq.  The Temporary Assistance for Needy Families 
program provides states and territories with flexibility in operating programs designed to help low-income families with children to 
achieve economic self-sufficiency.  USHHS, Temporary Assistance for Needy Families (TANF). 
19
 Through the SSBG states provide essential social services that help achieve a myriad of goals to reduce dependency and promote 
self-sufficiency; protect children and adults from neglect, abuse and exploitation; and help individuals who are unable to take care of 
themselves to stay in their homes or to find the best institutional arrangements. USHHS, Social Services Block Grant Program, 
https://www.acf.hhs.gov/ocs/programs/ssbg (last visited January 12, 2024). 
20
 The Florida Department of Education, School Readiness Funding Allocation Methodology: Report and Recommendations (Oct. 1, 
2019).  
21
 Section 1002.89(1), F.S. 
22
 See ss. 1002.84(9) and 1002.89, F.S.; Specific Appropriation 77, s. 2, Ch. 2023-239, L.O.F.  
23
 See Rule 6M-4.500(1), F.A.C.  
24
 See Rule 6M-4.400(1), F.A.C.  The federal government has proposed a rule change to require that family co-payments not exceed 
seven percent of a family’s income; however, it does allow lead agencies to waive co-payments for certain families.  See 45 C.F.R. 98.  
25
 Section 1002.89(1)(d), F.S.  STORAGE NAME: h0847.EQS 	PAGE: 5 
DATE: 1/23/2024 
  
Currently, a child must have a current individual education plan from a Florida school district to qualify 
for priority participation as a child with special needs. The bill authorizes the following additional forms 
of documentation to determine eligibility:  
 a current individualized family support plan; 
 a diagnosed special need; or 
 a determination of required accommodations. 
 
The bill expands eligibility of a child with special needs to infants and toddlers, rather than just a child 
who is at least 3 years old, and extends the use of the funds to before school, after school, and 
summer School Readiness programs.  
 
Finally, the bill provides that a School Readiness program provider is eligible for funding through the 
special needs differential allocation to implement the special needs rate if, by July 1, 2025: 
 the provider has met or exceeded the minimum program assessment composite score required 
for contracting as determined by the DOE, as applicable, and 
 the provider has completed 10 hours of training in inclusive early childhood or inclusive school-
age education practices within the preceding 2-year period with the provider completing an 
additional 10 hours of such training each subsequent 5-year period as specified by the DOE. 
 
B. SECTION DIRECTORY: 
Section 1: Amends s. 1002.87, F.S.; revising the criteria for a child to receive priority for 
participation in the School Readiness program; conforming provisions to changes made 
by the act.  
 
Section 2: Amends s. 1002.89, F.S.; providing requirements for a School Readiness program 
provider to be eligible to receive specified funding. 
 
Section 3: Providing an effective date. 
 
II.  FISCAL ANALYSIS & ECONOMIC IMPACT STATEMENT 
 
A. FISCAL IMPACT ON STATE GOVERNMENT: 
 
1. Revenues: 
None. 
 
2. Expenditures: 
None. 
 
B. FISCAL IMPACT ON LOCAL GOVERNMENTS: 
 
1. Revenues: 
None. 
 
2. Expenditures: 
None. 
 
C. DIRECT ECONOMIC IMPACT ON PRIVATE SECTOR: 
None. 
 
D. FISCAL COMMENTS: 
None. 
  STORAGE NAME: h0847.EQS 	PAGE: 6 
DATE: 1/23/2024 
  
III.  COMMENTS 
 
A. CONSTITUTIONAL ISSUES: 
 
 1. Applicability of Municipality/County Mandates Provision: 
None. 
 
 2. Other: 
None. 
 
B. RULE-MAKING AUTHORITY: 
The bill does not provide any additional rulemaking authority, however, rules adopted under existing 
authority will need to be amended to conform with the provisions of the bill.  
 
C. DRAFTING ISSUES OR OTHER COMMENTS: 
None. 
 
IV.  AMENDMENTS/COMMITTEE SUBSTITUTE CHANGES 
Not applicable.