Florida Senate - 2024 SB 916 By Senator Calatayud 38-01138A-24 2024916__ 1 A bill to be entitled 2 An act relating to the school readiness program; 3 amending s. 1002.81, F.S.; revising the definition of 4 the term economically disadvantaged; amending s. 5 1002.84, F.S.; revising requirements for the sliding 6 fee scale for families receiving school readiness 7 program services to include a new method to calculate 8 parent copayments at the time of eligibility 9 determination and annually thereafter, regardless of 10 the number of children; revising the methodology for 11 distributing school readiness program funds to 12 eligible providers; amending s. 1002.85, F.S.; 13 revising requirements for the data elements that must 14 be collected and reported by the Department of 15 Education; revising the date by which the report must 16 be implemented; amending s. 1002.89, F.S.; revising 17 the method for determining the annual allocation for 18 the school readiness program; deleting a provision 19 relating to certain expenditures from the Gold Seal 20 Quality Care Program allocation; deleting a provision 21 relating to certain expenditures from the differential 22 payment program allocation; deleting a provision 23 relating to certain expenditures from the special 24 needs differential allocation; amending s. 1002.90, 25 F.S.; requiring that provider reimbursement rates be 26 established based on certain information; deleting a 27 requirement for the Early Learning Programs Estimating 28 Conference to provide official cost-of-care 29 information to the Legislature; providing an effective 30 date. 31 32 WHEREAS, it is the intent of the Legislature to preserve 33 parent choice and ensure that young children have access to 34 high-quality early education opportunities that promote 35 kindergarten readiness and prepare them for later economic 36 success, and 37 WHEREAS, it is the intent of the Legislature to increase 38 workforce participation, strengthen this states economy, and 39 support low-income families on a path to reach economic self 40 sufficiency, NOW, THEREFORE, 41 42 Be It Enacted by the Legislature of the State of Florida: 43 44 Section 1.Subsection (6) of section 1002.81, Florida 45 Statutes, is amended to read: 46 1002.81Definitions.Consistent with the requirements of 45 47 C.F.R. parts 98 and 99 and as used in this part, the term: 48 (6)Economically disadvantaged means having a family 49 income that does not exceed 55 percent of the state median 50 income 150 percent of the federal poverty level and includes 51 being a child of a working migratory family as defined by 34 52 C.F.R. s. 200.81(d) or (f) or an agricultural worker who is 53 employed by more than one agricultural employer during the 54 course of a year, and whose income varies according to weather 55 conditions and market stability. 56 Section 2.Subsections (9) and (17) of section 1002.84, 57 Florida Statutes, are amended to read: 58 1002.84Early learning coalitions; school readiness powers 59 and duties.Each early learning coalition shall: 60 (9)Implement Establish a parent sliding fee scale that 61 provides for the calculation of a parent copayment at the time 62 of the eligibility determination and for an annual eligibility 63 redetermination thereafter, which increases in percentage with a 64 parents income, regardless of the number of children, as 65 follows: 66 (a)A parent whose income is at or below 60 percent of the 67 state median income is responsible for a copayment of 7 percent 68 of his or her income. 69 (b)A parent whose income is above 60 percent but at or 70 below 65 percent of the state median income is responsible for a 71 copayment of 9 percent of his or her income. 72 (c)A parent whose income is above 65 percent but at or 73 below 75 percent of the state median income is responsible for a 74 copayment of 11 percent of his or her income. 75 (d)A parent whose income is above 75 percent but at or 76 below 80 percent of the state median income is responsible for a 77 copayment of 13 percent of his or her income. 78 (e)A parent whose income is above 80 percent but at or 79 below 85 percent of the state median income is responsible for a 80 copayment of 15 percent of his or her income. 81 82 The parent copayment for a child who receives part-time care is 83 50 percent of the copayment amount calculated in paragraphs (a) 84 (e) that is not a barrier to families receiving school readiness 85 program services. A coalition may waive the copayment for an at 86 risk child or temporarily waive the copayment for a child whose 87 familys income is at or below the federal poverty level or 88 whose family experiences a natural disaster or an event that 89 limits the parents ability to pay, such as incarceration, 90 placement in residential treatment, or becoming homeless, or an 91 emergency situation such as a household fire or burglary, or 92 while the parent is participating in parenting classes or 93 participating in an Early Head Start program or Head Start 94 Program. A parent may not transfer school readiness program 95 services to another school readiness program provider until the 96 parent has submitted documentation from the current school 97 readiness program provider to the early learning coalition 98 stating that the parent has satisfactorily fulfilled the 99 copayment obligation. 100 (17)(a)Distribute the school readiness program funds as 101 allocated in the General Appropriations Act to the eligible 102 providers using the provider cost of care or reimbursement rates 103 developed in accordance with s. 1002.90. following methodology: 104 1.For each county in the early learning coalition, 105 multiply the cost of care by care level as provided in s. 106 1002.90 by the countys comparable wage factor provided in s. 107 1011.62(2). 108 2.If a county enacted a local ordinance before January 1, 109 2022, that establishes the countys staff-to-children ratio for 110 licensed child care facilities below the ratio established in s. 111 402.305(4), multiply the provider reimbursement rates for that 112 county by the adjustment factor specified in the General 113 Appropriations Act. 114 3.Apply the weight established pursuant to s. 1002.90 for 115 each provider type to calculate the minimum provider 116 reimbursement rates by care level. 117 4.Multiply the weighted provider reimbursement rates by 22 118 percent to determine the amount of the school readiness 119 allocation an early learning coalition is eligible to retain 120 pursuant to s. 1002.89(4). 121 (b)Distribute to each eligible provider the minimum 122 provider reimbursement rate, by provider type and care level, 123 regardless of the providers private pay rate. All minimum 124 provider reimbursement rates shall be charged as direct services 125 pursuant to s. 1002.89. 126 127 Each early learning coalition with approved minimum provider 128 reimbursement rates for the infant to age 5 care levels that are 129 higher than the minimum provider reimbursement rates developed 130 in accordance with s. 1002.90 established in this subsection may 131 continue to implement its approved minimum provider 132 reimbursement rates until the rates established in this 133 subsection exceed its approved rates. 134 Section 3.Subsection (5) of section 1002.85, Florida 135 Statutes, is amended to read: 136 1002.85Early learning coalition plans. 137 (5)The department shall collect and report data on 138 coalition delivery of early learning programs. Data elements 139 must shall include, but are not limited to, measures related to 140 progress toward towards reducing the number of children on the 141 waiting list, the percentage of children served by the program 142 as compared to the number of administrative staff and overhead, 143 the percentage of children served compared to total number of 144 children younger than under the age of 5 years whose family 145 income is below 55 percent of the state median income 150 146 percent of the federal poverty level, provider payment 147 processes, fraud intervention, child attendance and stability, 148 use of child care resource and referral, and kindergarten 149 readiness outcomes for children in the Voluntary Prekindergarten 150 Education Program or the school readiness program upon entry 151 into kindergarten. The department shall request input from the 152 coalitions and school readiness program providers before 153 finalizing the format and data to be used. The report must shall 154 be implemented beginning July 1, 2025 2014, and results of the 155 report must be included in the annual report under s. 1002.82. 156 Section 4.Subsection (1) of section 1002.89, Florida 157 Statutes, is amended to read: 158 1002.89School readiness program; funding. 159 (1)DETERMINATION OF EARLY LEARNING COALITION SCHOOL 160 READINESS PROGRAM FUNDING.Funding for the school readiness 161 program shall be used by the early learning coalitions in 162 accordance with this part and the General Appropriations Act. 163 (a)School readiness program allocation.If the annual 164 allocation for the school readiness program is not determined in 165 the General Appropriations Act or the substantive bill 166 implementing the General Appropriations Act, it must shall be 167 determined based on a calculation that considers, at a minimum, 168 full-time equivalent program enrollment estimates per care 169 level, approved cost of care or provider reimbursement rates 170 developed in accordance with s. 1002.90, the total school 171 readiness eligible population as adopted by the Early Learning 172 Programs Estimating Conference pursuant to s. 216.136(8), and 173 coalition administrative and indirect service costs as allowed 174 pursuant to s. 1002.89(4). as follows: 175 1.For each county in the early learning coalition, the 176 total school readiness eligible population, as adopted by the 177 Early Learning Programs Estimating Conference pursuant to s. 178 216.136(8), shall be multiplied by the countys comparable wage 179 factor provided in s. 1011.62(2). 180 2.If a county passed a local ordinance before January 1, 181 2022, that establishes the countys staff-to-children ratio for 182 licensed child care facilities below the ratio established in s. 183 402.305(4), multiply the product calculated in subparagraph 1. 184 by the adjustment factor specified in the General Appropriations 185 Act. 186 3.Each countys school readiness allocation shall be based 187 on the countys proportionate share of the total adjusted 188 eligible school readiness population. 189 (b)Gold Seal Quality Care Program allocation.There is 190 created the Gold Seal Quality Care Program allocation to provide 191 eligible school readiness program providers the rate 192 differential established pursuant to s. 1002.945(6). Subject to 193 legislative appropriation, all expenditures from the Gold Seal 194 Quality Care Program allocation shall be used by the department 195 to help meet federal targeted requirements for improving quality 196 to the extent allowable in the states approved Child Care and 197 Development Fund Plan. 198 (c)Differential payment program allocation.There is 199 created the differential payment program allocation to provide 200 eligible school readiness program providers the differential pay 201 established pursuant to s. 1002.82(2)(o). Subject to legislative 202 appropriation, all expenditures from the differential payment 203 program allocation shall be used by the department to help meet 204 federal targeted requirements for improving quality to the 205 extent allowable in the states approved Child Care and 206 Development Fund Plan. 207 (d)Special needs differential allocation.There is created 208 the special needs differential allocation to assist eligible 209 school readiness program providers to implement the special 210 needs rate provisions defined in the states approved Child Care 211 and Development Fund Plan. Subject to legislative appropriation, 212 each early learning coalition shall be reimbursed based on 213 actual expenditures. All expenditures from the special needs 214 differential allocation shall be used by the department to help 215 meet federal targeted requirements for improving quality to the 216 extent allowable in the states approved plan. 217 Section 5.Section 1002.90, Florida Statutes, is amended to 218 read: 219 1002.90School readiness cost-of-care information. 220 Annually, the principals of the Early Learning Programs 221 Estimating Conference established in s. 216.136(8) shall develop 222 official cost-of-care information or provider reimbursement 223 rates based on actual school readiness direct services program 224 expenditures and information provided pursuant to s. 1002.895. 225 Conference principals shall agree on the cost of child care by 226 care level and provider type, the provider type weights if 227 applicable, and the methods of computation. The department shall 228 provide the conference principals with all requested and 229 necessary data to develop such information. The data may include 230 a matrix by early learning coalition of any full-time equivalent 231 changes made by the Division of Early Learning as part of its 232 administration of the school readiness program. The Early 233 Learning Programs Estimating Conference shall provide the 234 official cost-of-care information to the Legislature at least 90 235 days before the scheduled annual legislative session. 236 Section 6.This act shall take effect July 1, 2024.