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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 early learning; amending s. 2
402.305, F.S.; requiring that at least one staff 3
person receive in-person cardiopulmonary resuscitation 4
training; amending s. 1002.61, F.S.; revising 5
requirements for prekindergarten instructors; amending 6
s. 1002.67, F.S.; providing that private 7
prekindergarten provider or public school curricula 8
may not use a certain coordinated screening and 9
progress monitoring program or other specified methods 10
for direct student instruction; providing a limitation 11
for which a private prekindergarten provider or public 12
school may allow students to view an electronic 13
screen; defining the term "screen"; requiring that 14
such time involve certain activities; providing that 15
the limitation does not include the required 16
administration of the screening and monitoring system; 17
amending s. 1002.68, F.S.; revising circumstances 18
under which a good cause exemption may not be granted; 19
revising requirements with respect to performance 20
metric methodology and the assignment of designations 21
under the Voluntary Prekindergarten Education Program; 22
republishing reverted provisions of law pursuant to 23
ch. 2023-240, Laws of Florida; amending s. 1002.82, 24
F.S.; revising the performance standards adopted by 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
the Department of Education relating to the Volunt ary 26
Prekindergarten Education Program; amending s. 27
1002.83, F.S.; authorizing an early learning coalition 28
to appoint a certain additional board member; amending 29
s. 1002.87, F.S.; revising the criteria for a child to 30
receive priority for participation in th e school 31
readiness program; conforming provisions to changes 32
made by the act; amending s. 1002.88, F.S.; requiring 33
a school readiness program provider to prohibit 34
certain students from viewing electronic screens; 35
authorizing certain students to have screen time for a 36
specified amount of time; defining the term "screen"; 37
amending s. 1002.89, F.S.; providing requirements for 38
a school readiness program provider to be eligible to 39
receive specified funding; revising school readiness 40
program expenditures that are subject to certain cost 41
requirements; requiring that certain training be 42
provided by a specified date; providing an effective 43
date. 44
45
Be It Enacted by the Legislature of the State of Florida: 46
47
Section 1. Paragraph (a) of subsection (7) of section 48
402.305, Florida Statutes, is amended to read: 49
402.305 Licensing standards; child care facilities. — 50
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(7) SANITATION AND SAFETY. — 51
(a) Minimum standards shall include requirements for 52
sanitary and safety conditions, first aid treatment, emergency 53
procedures, and pediatric cardiopulmonary resuscitation. The 54
minimum standards shall require that at least one staff person 55
trained in person in cardiopulmonary resuscitation, as evidenced 56
by current documentation of course completion, must be present 57
at all times that children are present. 58
Section 2. Subsection (4) of section 1002.61, Florida 59
Statutes, is amended to read: 60
1002.61 Summer prekindergarten program delivered by public 61
schools and private prekindergarten providers. — 62
(4) Notwithstanding ss. 1002 .55(3)(c)1. and 1002.63(4), 63
each public school and private prekindergarten provider must 64
have, for each prekindergarten class, at least one 65
prekindergarten instructor who is a certified teacher or holds 66
one of the educational credentials specified in s. 10 02.55(4)(a) 67
or (b), or an educational credential specified in s. 68
1002.55(3)(c)1. as long as the instructor has completed the 69
early literacy micro -credential program under s. 1003.485 . As 70
used in this subsection, the term "certified teacher" means a 71
teacher holding a valid Florida educator certificate under s. 72
1012.56 who has the qualifications required by the district 73
school board to instruct students in the summer prekindergarten 74
program. In selecting instructional staff for the summer 75
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prekindergarten prog ram, each school district shall give 76
priority to teachers who have experience or coursework in early 77
childhood education and have completed emergent literacy and 78
performance standards courses, as provided for in s. 79
1002.55(3)(c)2. 80
Section 3. Paragraph (b) of subsection (2) of section 81
1002.67, Florida Statutes, is amended to read: 82
1002.67 Performance standards and curricula. — 83
(2) 84
(b) Each private prekindergarten provider's and public 85
school's curriculum must be developmentally appropriate and 86
must: 87
1. Be designed to prepare a student for early literacy and 88
provide for instruction in early math skills; 89
2. Develop students' background knowledge through a 90
content-rich and sequential knowledge building early literacy 91
curriculum; 92
3. Enhance the age-appropriate progress of students in 93
attaining the performance standards adopted by the department 94
under subsection (1); and 95
4. Support student learning gains through differentiated 96
instruction that must shall be measured by the coordinated 97
screening and progress monitoring program under s. 1008.25(9). A 98
private prekindergarten provider's or public school's curriculum 99
may not use the coordinated screening and progress monitoring 100
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program or any other progress monitoring program for direct 101
student instruction. A private prekindergarten provider or 102
public school may not allow any student to view an electronic 103
screen, commonly known as screen time, for more than 10 percent 104
of the day. As used in this subparagraph, the term "screen" 105
includes, but is not limi ted to, a television, a computer, a 106
tablet, a virtual reality device, a mobile telephone, or a 107
gaming console. Any such screen time must involve activities 108
directly related to the Voluntary Prekindergarten Education 109
Program standards. This limitation does not include 110
administration of the coordinated screening and progress 111
monitoring system as required under s. 1008.25(9). 112
Section 4. Paragraph (d) of subsection (6) of section 113
1002.68, Florida Statutes, is amended, and paragraph (c) of 114
subsection (4) of that section is republished, to read: 115
1002.68 Voluntary Prekindergarten Education Program 116
accountability.— 117
(4) 118
(c) The program assessment composite score and performance 119
metric must be calculated for each private prekindergarten or 120
public school site. 121
(6) 122
(d) A good cause exemption may not be granted to any 123
private prekindergarten provider or public school that has any 124
class I violations or three two or more of the same class II 125
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violations, as defined by rule of the Department of Children and 126
Families, within the 2 years preceding the provider's or 127
school's request for the exemption. 128
Section 5. Upon the expiration and reversion of the 129
amendments made to section 1002.68, Florida Statutes, pursuant 130
to section 6 of chapter 2023 -240, Laws of Florida, paragraphs 131
(a) and (f) of subsection (4) of section 1002.68, Florida 132
Statutes, are amended, and subsection (5) and paragraph (e) of 133
subsection (6) of that section are republished, to read: 134
1002.68 Voluntary Prekindergarten Education Program 135
accountability.— 136
(4)(a) Beginning with the 2023-2024 2022-2023 program 137
year, the department shall adopt a methodology for calculating 138
each private prekindergarten provider's and public school 139
provider's performance metric, which must be based on a 140
combination of the following: 141
1. Program assessment composite scores under subsection 142
(2), which must be weighted at no less than 50 percent. 143
2. Learning gains operationalized as change -in-ability 144
scores from the initial and final progress monitoring results 145
described in subsection (1). 146
3. Norm-referenced developmental learning outcomes 147
described in subsection (1). 148
(f) The department shall adopt procedures to annually 149
calculate each private prekindergarten provider's and public 150
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school's performance metric, based on the methodology adopted in 151
paragraphs (a) and (b), an d assign a designation under paragraph 152
(d). Beginning with the 2024-2025 2023-2024 program year, each 153
private prekindergarten provider or public school shall be 154
assigned a designation within 45 days after the conclusion of 155
the school-year Voluntary Prekind ergarten Education Program 156
delivered by all participating private prekindergarten providers 157
or public schools and within 45 days after the conclusion of the 158
summer Voluntary Prekindergarten Education Program delivered by 159
all participating private prekinder garten providers or public 160
schools. 161
(5)(a) If a public school's or private prekindergarten 162
provider's program assessment composite score for its 163
prekindergarten classrooms fails to meet the minimum program 164
assessment composite score for contracting adopt ed in rule by 165
the department, the private prekindergarten provider or public 166
school may not participate in the Voluntary Prekindergarten 167
Education Program beginning in the consecutive program year and 168
thereafter until the public school or private prekinder garten 169
provider meets the minimum composite score for contracting. A 170
public school or private prekindergarten provider may request 171
one program assessment per program year in order to requalify 172
for participation in the Voluntary Prekindergarten Education 173
Program, provided that the public school or private 174
prekindergarten provider is not excluded from participation 175
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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
under ss. 1002.55(6), 1002.61(10)(b), 1002.63(9)(b), or 176
paragraph (5)(b) of this section. If a public school or private 177
prekindergarten provider w ould like an additional program 178
assessment completed within the same program year, the public 179
school or private prekindergarten provider shall be responsible 180
for the cost of the program assessment. 181
(b) If a private prekindergarten provider's or public 182
school's performance metric or designation falls below the 183
minimum performance metric or designation, the early learning 184
coalition shall: 185
1. Require the provider or school to submit for approval 186
to the early learning coalition an improvement plan and 187
implement the plan. 188
2. Place the provider or school on probation. 189
3. Require the provider or school to take certain 190
corrective actions, including the use of a curriculum approved 191
by the department under s. 1002.67(2)(c) and a staff development 192
plan approved by the department to strengthen instructional 193
practices in emotional support, classroom organization, 194
instructional support, language development, phonological 195
awareness, alphabet knowledge, and mathematical thinking. 196
(c) A private prekindergarten provi der or public school 197
that is placed on probation must continue the corrective actions 198
required under paragraph (b) until the provider or school meets 199
the minimum performance metric or designation adopted by the 200
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department. Failure to meet the requirements of subparagraphs 201
(b)1. and 3. shall result in the termination of the provider's 202
or school's contract to deliver the Voluntary Prekindergarten 203
Education Program for a period of at least 2 years but no more 204
than 5 years. 205
(d) If a private prekindergarten pr ovider or public school 206
remains on probation for 2 consecutive years and fails to meet 207
the minimum performance metric or designation, or is not granted 208
a good cause exemption by the department, the department shall 209
require the early learning coalition to r evoke the provider's 210
eligibility and the school district to revoke the school's 211
eligibility to deliver the Voluntary Prekindergarten Education 212
Program and receive state funds for the program for a period of 213
at least 2 years but no more than 5 years. 214
(6) 215
(e) A private prekindergarten provider or public school 216
granted a good cause exemption shall continue to implement its 217
improvement plan and continue the corrective actions required 218
under paragraph (5)(b) until the provider or school meets the 219
minimum performance metric. 220
Section 6. Paragraph (j) of subsection (2) of section 221
1002.82, Florida Statutes, is amended to read: 222
1002.82 Department of Education; powers and duties. — 223
(2) The department shall: 224
(j) Monitor the alignment and consistency of the s tandards 225
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and benchmarks developed and adopted by the department that 226
address the age-appropriate progress of children in the 227
development of school readiness skills. The standards for 228
children from birth to kindergarten entry in the school 229
readiness program must be aligned with the performance standards 230
adopted for children in the Voluntary Prekindergarten Education 231
Program and must address the following domains: 232
1. Approaches to learning. 233
2. Cognitive development and general knowledge. 234
3. Numeracy, language, and communication. 235
4. Physical development. 236
5. Executive functioning Self-regulation. 237
Section 7. Present subsections (5) through (16) of section 238
1002.83, Florida Statutes, are redesignated as subsections (6) 239
through (17), respectively, a new subsection (5) is added to 240
that section, and subsection (3) of that section is amended, to 241
read: 242
1002.83 Early learning coalitions. — 243
(3) The Governor shall appoint the chair and two other 244
members of each early learning coalition, who must each meet the 245
qualifications of a private sector business member under 246
subsection (7) (6). In the absence of a governor -appointed 247
chair, the Commissioner of Education may appoint an interim 248
chair from the current early learning coalition board 249
membership. 250
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(5) Each early learning coalition may choose to appoint an 251
additional public sector board member in order to include a 252
representative of local law enforcement. 253
Section 8. Paragraph (c) of subsection (1) of section 254
1002.87, Florida Statutes, is amended to read : 255
1002.87 School readiness program; eligibility and 256
enrollment.— 257
(1) Each early learning coalition shall give priority for 258
participation in the school readiness program as follows: 259
(c) Subsequent priority shall be given, based on the early 260
learning coalition's local priorities identified under s. 261
1002.85(2)(i), to children who meet the following criteria: 262
1. A child from birth to the beginning of the school year 263
for which the child is eligible for admission to kindergarten in 264
a public school under s . 1003.21(1)(a)2. who is from a working 265
family that is economically disadvantaged, and may include such 266
child's eligible siblings, beginning with the school year in 267
which the sibling is eligible for admission to kindergarten in a 268
public school under s. 100 3.21(1)(a)2. until the beginning of 269
the school year in which the sibling is eligible to begin 6th 270
grade, provided that the first priority for funding an eligible 271
sibling is local revenues available to the coalition for funding 272
direct services. 273
2. A child of a parent who transitions from the work 274
program into employment as described in s. 445.032 from birth to 275
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the beginning of the school year for which the child is eligible 276
for admission to kindergarten in a public school under s. 277
1003.21(1)(a)2. 278
3. An at-risk child who is at least 9 years of age but 279
younger than 13 years of age. An at -risk child whose sibling is 280
enrolled in the school readiness program within an eligibility 281
priority category listed in paragraphs (a) and (b) and 282
subparagraph 1. shall be g iven priority over other children who 283
are eligible under this paragraph. 284
4. A child who is younger than 13 years of age from a 285
working family that is economically disadvantaged. 286
5. A child of a parent who transitions from the work 287
program into employme nt as described in s. 445.032 who is 288
younger than 13 years of age. 289
6.a. A child who has special needs and, has been 290
determined eligible as a student who requires additional 291
accommodations beyond those required by the Americans with 292
Disabilities Act. The child's special needs and associated 293
accommodations must be validated by a licensed health care 294
professional, licensed mental health professional, or 295
educational psychologist. Such person may not be the child's 296
parent or a person employed by a child care p rovider. The 297
following documentation must be used to determine the child's 298
eligibility for such accommodations: 299
I. with a disability, has A current individual education 300
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plan with a Florida school district ;, and is not younger than 3 301
years of age. 302
II. A current individualized family support plan; 303
III. A diagnosed special need; or 304
IV. A determination of required accommodations. 305
b. The child care provider of a child who meets the 306
requirements of this subparagraph may be eligible for additional 307
funding through the special needs differential allocation to 308
implement the special needs rate as determined in s. 309
1002.89(1)(d) needs child eligible under this paragraph remains 310
eligible until the child is eligible for admission to 311
kindergarten in a public schoo l under s. 1003.21(1)(a)2 . 312
7. A child who otherwise meets one of the eligibility 313
criteria in paragraphs (a) and (b) and subparagraphs 1. and 2. 314
but who is also enrolled concurrently in the federal Head Start 315
Program and the Voluntary Prekindergarten Edu cation Program. 316
Section 9. Present paragraphs (h) through (s) of 317
subsection (1) of section 1002.88, Florida Statutes, are 318
redesignated as paragraphs (i) through (t), respectively, a new 319
paragraph (h) is added to that subsection, and present 320
paragraphs (n) and (p) of that subsection are amended, to read: 321
1002.88 School readiness program provider standards; 322
eligibility to deliver the school readiness program. — 323
(1) To be eligible to deliver the school readiness 324
program, a school readiness program provi der must: 325
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(h) Prohibit a child from birth to 3 years of age from 326
viewing an electronic screen, commonly known as screen time. A 327
student 4 years of age or older may have screen time for no more 328
than 10 percent of the day. As used in this paragraph, the te rm 329
"screen" includes, but is not limited to, a television, a 330
computer, a tablet, a virtual reality device, a mobile 331
telephone, or a gaming console. 332
(o)(n) For a provider that is an informal provider, comply 333
with the provisions of paragraph (n) (m) or maintain homeowner's 334
liability insurance and, if applicable, a business rider. If an 335
informal provider chooses to maintain a homeowner's policy, the 336
provider must obtain and retain a homeowner's insurance policy 337
that provides a minimum of $100,000 of coverage per occurrence 338
and a minimum of $300,000 general aggregate coverage. The 339
department may authorize lower limits upon request, as 340
appropriate. An informal provider must add the coalition as a 341
named certificateholder and as an additional insured. An 342
informal provider must provide the coalition with a minimum of 343
10 calendar days' advance written notice of cancellation of or 344
changes to coverage. The general liability insurance required by 345
this paragraph must remain in full force and effect for the 346
entire period of the provider's contract with the coalition. 347
(q)(p) Notwithstanding paragraph (n) (m), for a provider 348
that is a state agency or a subdivision thereof, as defined in 349
s. 768.28(2), agree to notify the coalition of any additional 350
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liability coverage maintained by the provider in addition to 351
that otherwise established under s. 768.28. The provider shall 352
indemnify the coalition to the extent permitted by s. 768.28. 353
Notwithstanding paragraph (n) (m), for a child development 354
program that is accredited by a national accrediting body and 355
operates on a military installation that is certified by the 356
United States Department of Defense, the provider may 357
demonstrate liability coverage by affirming that it is subject 358
to the Federal Tort Claims Act, 28 U.S.C. ss. 2671 et seq. 359
Section 10. Paragraph (d) of subsection (1) and subsection 360
(4) of section 1002.89, Florida Statutes, are amended to read: 361
1002.89 School readiness program; funding. — 362
(1) DETERMINATION OF EARLY LEARNING COALITION SCHO OL 363
READINESS PROGRAM FUNDING. —Funding for the school readiness 364
program shall be used by the early learning coalitions in 365
accordance with this part and the General Appropriations Act. 366
(d) Special needs differential allocation. —There is 367
created the special needs differential allocation to assist 368
eligible school readiness program providers to implement the 369
special needs rate provisions defined in the state's approved 370
Child Care and Development Fund Plan. Subject to legislative 371
appropriation, each early learn ing coalition shall be reimbursed 372
based on actual expenditures. All expenditures from the special 373
needs differential allocation shall be used by the department to 374
help meet federal targeted requirements for improving quality to 375
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the extent allowable in the state's approved plan. A school 376
readiness program provider is eligible for funding through the 377
allocation to implement the special needs differential rate upon 378
meeting all of the following requirements by July 1, 2025: 379
1. If the provider has a program as sessment score, the 380
score must meet or exceed the composite score established by the 381
department. 382
2. The provider has completed 10 hours of training in 383
inclusive early childhood or inclusive school -age education 384
practices within the preceding 2 -year period with the provider 385
completing an additional 10 hours of such training each 386
subsequent 5-year period as specified by the department. 387
(4) COST REQUIREMENTS. —Costs shall be kept to the minimum 388
necessary for the efficient and effective administration of the 389
school readiness program with the highest priority of 390
expenditure being direct services for eligible children. 391
However, no more than 5 percent of the funds allocated in 392
paragraph (1)(a) may be used for administrative costs and no 393
more than 22 percent of t he funds allocated in paragraph (1)(a) 394
may be used in any fiscal year for any combination of 395
administrative costs, quality activities, and nondirect services 396
as follows: 397
(a) Administrative costs as described in 45 C.F.R. s. 398
98.54, which shall include mon itoring providers using the 399
standard methodology adopted under s. 1002.82 to improve 400
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compliance with state and federal regulations and law pursuant 401
to the requirements of the statewide provider contract adopted 402
under s. 1002.82(2)(m). 403
(b) Activities to i mprove the quality of child care as 404
described in 45 C.F.R. s. 98.53, which shall be limited to the 405
following: 406
1. Developing, establishing, expanding, operating, and 407
coordinating resource and referral programs specifically related 408
to the provision of comp rehensive consumer education to parents 409
and the public to promote informed child care choices specified 410
in 45 C.F.R. s. 98.33. 411
2. Awarding grants and providing financial support to 412
school readiness program providers and their staff to assist 413
them in meeting applicable state requirements for the program 414
assessment required under s. 1002.82(2)(n), child care 415
performance standards, implementing developmentally appropriate 416
curriculum under s. 1002.82(2)(l) curricula and related 417
classroom resources that support parent engagement curricula, 418
providing literacy supports, and providing continued 419
professional development and training through the Teacher 420
Education and Compensation Helps (TEACH) Scholarship Program 421
under s. 1002.95, and reimbursement for background screenings . 422
Any grants awarded pursuant to this subparagraph must shall 423
comply with ss. 215.971 and 287.058. 424
3. Providing training, technical assistance, and financial 425
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support to school readiness program provider s, staff, and 426
parents on standards, child screenings, child assessments, the 427
child development research and best practices, developmentally 428
appropriate curriculum under s. 1002.82(2)(l), executive 429
functioning curricula, character development , teacher-child 430
interactions, age-appropriate discipline practices, health and 431
safety, nutrition, first aid, in-person cardiopulmonary 432
resuscitation, the recognition of communicable diseases, and 433
child abuse detection, prevention, and reporting. 434
4. Providing, from amo ng the funds provided for the 435
activities described in subparagraphs 1. -3., adequate funding 436
for infants and toddlers as necessary to meet federal 437
requirements related to expenditures for quality activities for 438
infant and toddler care. 439
5. Improving the mo nitoring of compliance with, and 440
enforcement of, applicable state and local requirements as 441
described in and limited by 45 C.F.R. s. 98.40. 442
6. Responding to Warm -Line requests by providers and 443
parents, including providing developmental and health screeni ngs 444
to school readiness program children. 445
446
By July 1, 2026, all training and professional development 447
provided by an early learning coalition under this paragraph 448
must be aligned with the early learning professional development 449
standards and career pathway s under s. 1002.995. 450
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(c) Nondirect services as described in applicable Office 451
of Management and Budget instructions are those services not 452
defined as administrative, direct, or quality services that are 453
required to administer the school readiness program . Such 454
services include, but are not limited to: 455
1. Assisting families to complete the required application 456
and eligibility documentation. 457
2. Determining child and family eligibility. 458
3. Recruiting eligible child care providers. 459
4. Processing and t racking attendance records. 460
5. Developing and maintaining a statewide child care 461
information system. 462
463
As used in this paragraph, the term "nondirect services" does 464
not include payments to school readiness program providers for 465
direct services provided to children who are eligible under s. 466
1002.87, administrative costs as described in paragraph (a), or 467
quality activities as described in paragraph (b). 468
Section 11. This act shall take effect July 1, 2024. 469