Florida 2024 2024 Regular Session

Florida House Bill H1353 Introduced / Bill

Filed 01/05/2024

                       
 
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A bill to be entitled 1 
An act relating to early learning; amending s. 2 
1002.61, F.S.; revising requirements for 3 
prekindergarten instructors; amending s. 1002.67, 4 
F.S.; prohibiting private prekindergarten provider and 5 
public school curricula from using a coordinated 6 
screening and progress monitoring program or other 7 
specified methods for direct student instruction; 8 
amending s. 1002.68, F.S.; authorizing alternative 9 
methods for calculating program assessment composite 10 
scores; requiring prekindergarten providers and public 11 
schools to notify parents under certain circumstances; 12 
revising exceptions for a good cause exemption; making 13 
technical changes; amending s. 1002.71, F.S.; revising 14 
the percentage of funds an early learning coalition 15 
may retain and expend; amending s. 1002.82, F.S.; 16 
revising the performance standards adopted by the 17 
Department of Education relating to the Voluntary 18 
Prekindergarten Education Program; amending s. 19 
1002.83, F.S.; authorizing an early learning coalition 20 
to appoint a certain additional board member; amendin g 21 
s. 1002.89, F.S.; revising school readiness program 22 
expenditures that are subject to certain cost 23 
requirements; amending s. 1008.25, F.S.; providing 24 
that certain Voluntary Prekindergarten Education 25     
 
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Program students are eligible to receive instructional 26 
support in early literacy skills through a specified 27 
program; providing specifications for the program; 28 
providing for funding for the program; providing an 29 
effective date. 30 
  31 
Be It Enacted by the Legislature of the State of Florida: 32 
 33 
 Section 1.  Subsection (4) of section 1002.61, Florida 34 
Statutes, is amended to read: 35 
 1002.61  Summer prekindergarten program delivered by public 36 
schools and private prekindergarten providers. — 37 
 (4)  Notwithstanding ss. 1002.55(3)(c)1. and 1002.63(4), 38 
each public school a nd private prekindergarten provider must 39 
have, for each prekindergarten class, at least one 40 
prekindergarten instructor who is a certified teacher or holds 41 
one of the educational credentials specified in s. 1002.55(4)(a) 42 
or (b), or an educational credential specified in s. 43 
1002.55(3)(c)1. as long as the instructor has completed the 44 
early literacy micro -credential program under s. 1003.485 or has 45 
an instructional support score of 3 or higher on a program 46 
assessment conducted under s. 1002.68(2) or s. 1002.82( 2)(n). As 47 
used in this subsection, the term "certified teacher" means a 48 
teacher holding a valid Florida educator certificate under s. 49 
1012.56 who has the qualifications required by the district 50     
 
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school board to instruct students in the summer prekindergarte n 51 
program. In selecting instructional staff for the summer 52 
prekindergarten program, each school district shall give 53 
priority to teachers who have experience or coursework in early 54 
childhood education and have completed emergent literacy and 55 
performance standards courses, as provided for in s. 56 
1002.55(3)(c)2. 57 
 Section 2.  Paragraph (b) of subsection (2) of section 58 
1002.67, Florida Statutes, is amended to read: 59 
 1002.67  Performance standards and curricula. — 60 
 (2) 61 
 (b)  Each private prekindergarten provider' s and public 62 
school's curriculum must be developmentally appropriate and 63 
must: 64 
 1.  Be designed to prepare a student for early literacy and 65 
provide for instruction in early math skills; 66 
 2.  Develop students' background knowledge through a 67 
content-rich and sequential knowledge building early literacy 68 
curriculum; 69 
 3.  Enhance the age-appropriate progress of students in 70 
attaining the performance standards adopted by the department 71 
under subsection (1); and 72 
 4.  Support student learning gains through different iated 73 
instruction that must shall be measured by the coordinated 74 
screening and progress monitoring program under s. 1008.25(9). A 75     
 
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private prekindergarten provider's or public school's curriculum 76 
may not use the coordinated screening and progress monitoring 77 
program, any other progress monitoring program, or an 78 
instructional program that requires one student to one device 79 
for direct student instruction. 80 
 Section 3.  Paragraphs (a) and (c) of subsection (4), 81 
paragraph (a) of subsection (5), and paragraph (d) of subsection 82 
(6) of section 1002.68, Florida Statutes, are amended to read: 83 
 1002.68  Voluntary Prekindergarten Education Program 84 
accountability.— 85 
 (4)(a)  Beginning with the 2024-2025 2023-2024 program 86 
year, the department shall adopt a methodology for calculating 87 
each private prekindergarten provider's and public school 88 
provider's performance metric, which must be based on a 89 
combination of the following: 90 
 1.  Program assessment composite scores under subsection 91 
(2), which may be calculated differently, based on the 92 
methodology adopted by the department, than the program 93 
assessment composite score required for contracting in paragraph 94 
(5)(a), and which must be weighted at no less than 50 percent. 95 
 2.  Learning gains operationalized as change -in-ability 96 
scores from the initial and final progress monitoring results 97 
described in subsection (1). 98 
 3.  Norm-referenced developmental learning outcomes 99 
described in subsection (1). 100     
 
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 (c)  The program assessm ent composite score in subsection 101 
(5) and performance metric must be calculated for each private 102 
prekindergarten or public school site. 103 
 (5)(a)  Beginning with the 2024 -2025 program year, if a 104 
private prekindergarten provider's or public school's 105 
performance metric or designation does not maintain falls below 106 
the minimum performance metric or designation, the early 107 
learning coalition shall: 108 
 1.  Require the provider or school to submit for approval 109 
to the early learning coalition an improvement plan and 110 
implement the plan. 111 
 2.  Place the provider or school on probation. 112 
 3.  Require the provider or school to take certain 113 
corrective actions, including notifying the parent of each 114 
student enrolled in the Voluntary Prekindergarten Education 115 
Program based on rul es adopted by the department and the use of 116 
a curriculum approved by the department under s. 1002.67(2)(c) 117 
and a staff development plan approved by the department to 118 
strengthen instructional practices in emotional support, 119 
classroom organization, instructi onal support, language 120 
development, phonological awareness, alphabet knowledge, and 121 
mathematical thinking. 122 
 (6) 123 
 (d)  A good cause exemption may not be granted to any 124 
private prekindergarten provider or public school that has any 125     
 
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class I violations or three two or more of the same class II 126 
violations, as defined by rule of the Department of Children and 127 
Families, within the 2 years preceding the provider's or 128 
school's request for the exemption. 129 
 Section 4.  Subsection (7) of section 1002.71, Florida 130 
Statutes, is amended to read: 131 
 1002.71  Funding; financial and attendance reporting. — 132 
 (7)  The department shall require that administrative 133 
expenditures be kept to the minimum necessary for efficient and 134 
effective administration of the Voluntary Prekindergarte n 135 
Education Program. Administrative policies and procedures shall 136 
be revised, to the maximum extent practicable, to incorporate 137 
the use of automation and electronic submission of forms, 138 
including those required for child eligibility and enrollment, 139 
provider and class registration, and monthly certification of 140 
attendance for payment. A school district may use its automated 141 
daily attendance reporting system for the purpose of 142 
transmitting attendance records to the early learning coalition 143 
in a mutually agreed -upon format. In addition, actions shall be 144 
taken to reduce paperwork, eliminate the duplication of reports, 145 
and eliminate other duplicative activities. Each early learning 146 
coalition may retain and expend no more than 5.0 4.0 percent of 147 
the funds paid by the coalition to private prekindergarten 148 
providers and public schools under paragraph (5)(b). Funds 149 
retained by an early learning coalition under this subsection 150     
 
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may be used only for administering the Voluntary Prekindergarten 151 
Education Program and may not be used for the school readiness 152 
program or other programs. 153 
 Section 5.  Paragraph (j) of subsection (2) of section 154 
1002.82, Florida Statutes, is amended to read: 155 
 1002.82  Department of Education; powers and duties. — 156 
 (2)  The department shall: 157 
 (j)  Monitor the alignment and consistency of the standards 158 
and benchmarks developed and adopted by the department that 159 
address the age-appropriate progress of children in the 160 
development of school readiness skills. The standards for 161 
children from birth to kinder garten entry in the school 162 
readiness program must be aligned with the performance standards 163 
adopted for children in the Voluntary Prekindergarten Education 164 
Program and must address the following domains: 165 
 1.  Approaches to learning. 166 
 2.  Cognitive developm ent and general knowledge. 167 
 3.  Numeracy, language, and communication. 168 
 4.  Physical development. 169 
 5.  Executive functioning Self-regulation. 170 
 Section 6.  Present subsections (5) through (16) of section 171 
1002.83, Florida Statutes, are redesignated as subs ections (6) 172 
through (17), respectively, a new subsection (5) is added to 173 
that section, and subsection (3) of that section is amended, to 174 
read: 175     
 
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 1002.83  Early learning coalitions. — 176 
 (3)  The Governor shall appoint the chair and two other 177 
members of each early learning coalition, who must each meet the 178 
qualifications of a private sector business member under 179 
subsection (7) (6). In the absence of a governor -appointed 180 
chair, the Commissioner of Education may appoint an interim 181 
chair from the current early lear ning coalition board 182 
membership. 183 
 (5)  Each early learning coalition may choose to appoint an 184 
additional public sector board member in order to include a 185 
representative of local law enforcement. 186 
 Section 7.  Subsection (4) of section 1002.89, Florida 187 
Statutes, is amended to read: 188 
 1002.89  School readiness program; funding. — 189 
 (4)  COST REQUIREMENTS. —Costs shall be kept to the minimum 190 
necessary for the efficient and effective administration of the 191 
school readiness program with the highest priority of 192 
expenditure being direct services for eligible children. 193 
However, no more than 5 percent of the funds allocated in 194 
paragraph (1)(a) may be used for administrative costs and no 195 
more than 22 percent of the funds allocated in paragraph (1)(a) 196 
may be used in any fiscal year for any combination of 197 
administrative costs, quality activities, and nondirect services 198 
as follows: 199 
 (a)  Administrative costs as described in 45 C.F.R. s. 200     
 
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98.54, which shall include monitoring providers using the 201 
standard methodology adopte d under s. 1002.82 to improve 202 
compliance with state and federal regulations and law pursuant 203 
to the requirements of the statewide provider contract adopted 204 
under s. 1002.82(2)(m). 205 
 (b)  Activities to improve the quality of child care as 206 
described in 45 C.F.R. s. 98.53, which shall be limited to the 207 
following: 208 
 1.  Developing, establishing, expanding, operating, and 209 
coordinating resource and referral programs specifically related 210 
to the provision of comprehensive consumer education to parents 211 
and the public to promote informed child care choices specified 212 
in 45 C.F.R. s. 98.33. 213 
 2.  Awarding grants and providing financial support to 214 
school readiness program providers and their staff to assist 215 
them in meeting applicable state requirements for the program 216 
assessment required under s. 1002.82(2)(n), child care 217 
performance standards, implementing developmentally appropriate 218 
curricula and related classroom resources that support parent 219 
engagement curricula, providing literacy supports, and providing 220 
continued professional development through the Teacher Education 221 
and Compensation Helps (TEACH) Scholarship Program under s. 222 
1002.95 and training aligned to the early learning professional 223 
development standards and career pathways under s. 1002.995, and 224 
reimbursement for background screenings and training. Any grants 225     
 
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awarded pursuant to this subparagraph must shall comply with ss. 226 
215.971 and 287.058. 227 
 3.  Providing training aligned with the early learning 228 
professional development standards and career pathways under s. 229 
1002.995, technical assistance, and financial support to school 230 
readiness program providers, staff, and parents on standards, 231 
child screenings, child assessments, the child development 232 
research and best practices, developmentally appropriate 233 
curriculum under s. 1002.82(2)(l), executive functioning 234 
curricula, character development , teacher-child interactions, 235 
age-appropriate discipline practices, health and safety, 236 
nutrition, first aid, cardiopulmonary resuscitation, the 237 
recognition of communicable diseases, a nd child abuse detection, 238 
prevention, and reporting. 239 
 4.  Providing, from among the funds provided for the 240 
activities described in subparagraphs 1. -3., adequate funding 241 
for infants and toddlers as necessary to meet federal 242 
requirements related to expenditu res for quality activities for 243 
infant and toddler care. 244 
 5.  Improving the monitoring of compliance with, and 245 
enforcement of, applicable state and local requirements as 246 
described in and limited by 45 C.F.R. s. 98.40. 247 
 6.  Responding to Warm -Line requests by providers and 248 
parents, including providing developmental and health screenings 249 
to school readiness program children. 250     
 
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 (c)  Nondirect services as described in applicable Office 251 
of Management and Budget instructions are those services not 252 
defined as administrative, direct, or quality services that are 253 
required to administer the school readiness program. Such 254 
services include, but are not limited to: 255 
 1.  Assisting families to complete the required application 256 
and eligibility documentation. 257 
 2.  Determining child and family eligibility. 258 
 3.  Recruiting eligible child care providers. 259 
 4.  Processing and tracking attendance records. 260 
 5.  Developing and maintaining a statewide child care 261 
information system. 262 
 263 
As used in this paragraph, the term "nondirect service s" does 264 
not include payments to school readiness program providers for 265 
direct services provided to children who are eligible under s. 266 
1002.87, administrative costs as described in paragraph (a), or 267 
quality activities as described in paragraph (b). 268 
 Section 8.  Paragraph (b) of subsection (5) of section 269 
1008.25, Florida Statutes, is amended to read: 270 
 1008.25  Public school student progression; student 271 
support; coordinated screening and progress monitoring; 272 
reporting requirements. — 273 
 (5)  READING DEFICIENCY AND PARENTAL NOTIFICATION. — 274 
 (b)  A Voluntary Prekindergarten Education Program student 275     
 
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who has attended at least 80 percent of the school year program 276 
and who exhibits a substantial deficiency in early literacy 277 
skills as identified by the performance standards adopted under 278 
s. 1002.67(1)(a) and scores below the 20th percentile on based 279 
upon the results of the administration of the final 280 
administration of the coordinated screening and progress 281 
monitoring under subsection (9) is shall be referred to the 282 
local school district and may be eligible to receive early 283 
literacy instructional support through a summer bridge program 284 
the summer instruction in early literacy skills before 285 
participating in kindergarten. The summer bridge program must 286 
meet the requirements adopted by the department and consist of 4 287 
hours of instruction per day for a minimum of 100 total hours. 288 
Such early literacy skill instructional support must be paid for 289 
with funds from the district's evidence -based reading 290 
instruction allocation in accordance with s. 1003.4201 A student 291 
with an individual education plan who has been retained pursuant 292 
to paragraph (2)(g) and has demonstrated a substantial 293 
deficiency in early literacy skills must receive instruction in 294 
early literacy skills . 295 
 Section 9.  This act shall take effect July 1, 2024. 296