Florida Statutes and Administrative Rules Related to Early Learning

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1 OFFICE OF Early Learning LEARN EARLY. LEARN FOR LIFE. Florida Statutes and Administrative Rules Related to Early Learning This publication is a compilation of laws that relate to and affect early learning programs. It includes statutes and rules that impact the School Readiness Program, Voluntary Prekindergarten Program, early learning coalitions and standards for child care facilities. November 2013

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3 OFFICE OF Early Learning LEARN EARLY. LEARN FOR LIFE. Florida Statutes and Administrative Rules Related to Early Learning November 2013

4 OFFICE OF Early Learning LEARN EARLY. LEARN FOR LIFE. This document was developed by the Office of Early Learning. Electronic copies of this document are available upon request from the Office of Early Learning. For further information, please contact Office of Early Learning 250 Marriot Drive Tallahassee, Florida

5 Chapter 1002, Florida Statutes Part V - Voluntary Prekindergarten Education Program Definitions Voluntary Prekindergarten Education Program; eligibility and enrollment School-year prekindergarten program delivered by private prekindergarten providers Prekindergarten director credential Emergent literacy and performance standards training courses Summer prekindergarten program delivered by public schools and private prekindergarten providers School-year prekindergarten program delivered by public schools Professional credentials of prekindergarten instructors; aspirational goals; legislative intent Specialized instructional services for children with disabilities Performance standards; curricula and accountability Statewide kindergarten screening; kindergarten readiness rates; state-approved prekindergarten enrollment screening; good cause exemption Funding; financial and attendance reporting Records of children in the Voluntary Prekindergarten Education Program Department of Education; powers and duties; accountability requirements Office of Early Learning; powers and duties Florida Early Learning Advisory Council Rulemaking authority...20 Chapter 1007, Florida Statutes Part II Articulation Statewide articulation agreement...21 Chapter 6A-1, Florida Administrative Code, Finance and Administration 6A Voluntary Prekindergarten (VPK) Provider Kindergarten Readiness Rate A Performance Standards for Children Participating in the Voluntary Prekindergarten (VPK) Education Program A Voluntary Prekindergarten (VPK) Provider Placed on Probation Good Cause Exemption A Voluntary Prekindergarten (VPK) Curriculum Approval Process A VPK Staff Development Plan for Providers on Probation...28 i

6 Chapter 6A-6, Florida Administrative Code, Special Programs 6A A Specialized Instructional Services (SIS) for Voluntary Prekindergarten Children (VPK) with Disabilities...29 Voluntary Prekindergarten (VPK) Director Credential for Private Providers...30 Chapter 6M-8, Florida Administrative Code Office of Early Learning: Voluntary Prekindergarten Education Program 6M Definitions M Documenting Child Eligibility for the VPK Program M Child Registration Procedures; Application; Parent-Orientation Session M Voluntary Prekindergarten Parent Guide M VPK Child Registration Pilot Project M Child Eligibility Determination and Enrollment Procedures M Uniform Attendance Policy for Funding the VPK Program M Advance Payment and Reconciliation for the Voluntary Prekindergarten Education Program M Reenrollment for Good Cause or Extreme Hardship in the Voluntary 6M Prekindergarten Education Program...45 Provider and Class Registration Procedures; Application; Eligibility Determination M Statewide Provider Agreement for the VPK Program M Recording and Certifying Child Attendance in the VPK Program M VPK Class Sizes; Blended Classes; Multi-Class Groups M Voluntary Prekindergarten Program Substitute Instructors M M Provider on Probation; Voluntary Prekindergarten Education Program Improvement Plan and Implementation; First Year Probation...51 Provider on Probation; Voluntary Prekindergarten Education Program Annual Probation Progress Report; Second and Subsequent Year Probation M Provider on Probation; Removal From Voluntary Prekindergarten Education Program Eligibility M Obtaining VPK Forms...55 Chapter 1002, Florida Statutes Part VI School Readiness Program Definitions Office of Early Learning; powers and duties Early learning coalitions Early learning coalitions; school readiness powers and duties Early learning coalition plans...67 ii

7 School readiness program; education component School readiness program; eligibility and enrollment School readiness program provider standards; eligibility to deliver the school readiness program School readiness program; funding Market rate schedule Investigations of fraud or overpayment; penalties Child care and early childhood resource and referral School readiness program transportation services Child Care Executive Partnership Program Teacher Education and Compensation Helps (TEACH) scholarship program Early Head Start collaboration grants Records of children in the school readiness program Chapter 6M-4, Florida Administrative Code Office of Early Learning: School Readiness Program 6M Definitions M General Eligibility Provisions M Eligibility for Children at Risk of Abuse or Neglect M Eligibility for Children at Risk of Welfare Dependency M Eligibility for Children in Working Families Whose Income Does Not Exceed 150 Percent of the Federal Poverty Level M Eligibility for Three-and Four-year-old Children Who may not be Economically Disadvantaged But Who Have Been Served in a Specific Part-time or Combination of Part-time Exceptional Education Programs With Required Special Services, Aids, or Equipment, and Were Previously Reported for Funding Part-Time With the Florida Education Finance Program as Exceptional Students M Economically Disadvantaged Children, Children With Disabilities, and Children at Risk of Future School Failure, From Birth to Four (4) Years of Age, Who are Served at Home Through Home Visitor Programs and Intensive Parent Education Programs Such as the Florida First Start Program M Eligibility for Children Who Meet Federal and State Requirements for Eligibility for the Migrant Preschool Program but Who do not Meet the Criteria of Economically Disadvantaged M Eligibility for Children in the Relative Caregiver Program M Verification of Employment and Income M Redetermination of Eligibility for Financial Assistance M Maintaining Eligibility for Financial Assistance; Breaks in Employment M Waiting List Procedures M Required Parent Co-payment M Co-payment Collection...90 iii

8 6M Reimbursement-General Provisions Regarding Reimbursements for Holidays and Absences M Reimbursement During Emergency Closures M Records to be Maintained and Monitoring for Reimbursements M Misrepresentation or Fraud Regarding Reimbursement M Child Performance Standards M School Readiness Program Curricula M Screening of Children in the School Readiness Program M-9, Florida Administrative Code Office of Early Learning: Early Learning Coalitions 6M Federal Quality Funds M Child Care Resource and Referral Chapter 411, Florida Statutes Part I General Provisions Florida Prevention, Early Assistance, and Early Childhood Act; short title Definitions Continuum of comprehensive services Dangers of shaking infants and young children; requirements for distributing brochures Part II Prevention and Early Assistance Legislative intent Uniform standards Family support planning process Learning Gateway Components of the Learning Gateway Accountability Part III - Childhood Pregnancy Prevention Public Education Program Short title Legislative intent Teen Pregnancy Prevention Community Initiative DEPARTMENT OF CHILDREN AND FAMILIES Sections , Florida Statutes Child Care Child care; legislative intent Gold Seal Quality Care program iv

9 Child care facilities; legislative intent and declaration of purpose and policy Definitions Public and nonpublic schools Full-service schools Licensing standards; child care facilities Modification of introductory child care course for community college credit authorized Child enrichment service providers Child care personnel requirements Persons not required to be refingerprinted or rescreened Designation of licensing agency; dissemination by the department and local licensing agency of information on child care Approval of licensing agency Issuance of license Provisional license or registration Disciplinary actions; hearings upon denial, suspension, or revocation of license or registration; administrative fines Inspection Elimination of duplicative and unnecessary inspections; abbreviated inspections License required; injunctive relief Display and appearance of license; posting of violations; information to be provided to parents Family day care homes Large family child care homes Supportive services Funding; license fees Exemptions Prolonged child care Advertisement Penalties Chapter 65C-20, Florida Administrative Code Family Day Care Standards and Large Family Child Care Homes 65C Application C Staffing Requirements C Health and Safety Related Requirements C Health Records C Enforcement C Large Family Child Care Homes (LFCCH) C Gold Seal Quality Care Program v

10 Chapter 65C-22, Florida Administrative Code Child Care Standards 65C General Information C Definitions C Physical Environment C Training C Health Related Requirements C Food and Nutrition C Record Keeping C Evening Child Care C School Age Child Care C Gold Seal Quality Care Program C Enforcement vi

11 Chapter 1002, Florida Statutes PART V - VOLUNTARY PREKINDERGARTEN EDUCATION PROGRAM Definitions. As used in this part, the term: (1) Department means the Department of Education. (2) Disability means any disability listed in the definition of exceptional student in s (3) Specialized instructional services provider means a provider delivering specialized instructional services under s (4) Early learning coalition or coalition means an early learning coalition created under s (5) Prekindergarten director means an onsite person ultimately responsible for the overall operation of a private prekindergarten provider or, alternatively, of the provider s prekindergarten program, regardless of whether the person is the owner of the provider. (6) Prekindergarten instructor means a teacher or child care personnel as defined in s who provide instruction to students in the Voluntary Prekindergarten Education Program. (7) Private prekindergarten provider means a provider other than a public school which is eligible to deliver the school-year prekindergarten program under s or the summer prekindergarten program under s History. s. 1, ch ; s. 2, ch ; s. 2, ch Voluntary Prekindergarten Education Program; eligibility and enrollment. (1) The Voluntary Prekindergarten Education Program is created and shall be organized, designed, and delivered in accordance with s. 1(b) and (c), Art. IX of the State Constitution. (2) Each child who resides in this state who will have attained the age of 4 years on or before September 1 of the school year is eligible for the Voluntary Prekindergarten Education Program during that school year. The child remains eligible until the beginning of the school year for which the child is eligible for admission to kindergarten in a public school under s (1)(a)2. or until the child is admitted to kindergarten, whichever occurs first. (3) The parent of each child eligible under subsection (2) may enroll the child in one of the following programs: (a) A school-year prekindergarten program delivered by a private prekindergarten provider under s ; (b) A summer prekindergarten program delivered by a public school or private prekindergarten provider under s ; (c) A school-year prekindergarten program delivered by a public school; or (d) A specialized instructional services program for children who have disabilities, if the child has been evaluated and determined as eligible, has a current individual educational plan developed by the local school board, and is eligible for the program under s Except as provided in s (4), a child may not enroll in more than one of these programs. (4)(a) Each parent enrolling a child in the Voluntary Prekindergarten Education Program must complete and submit an application to the early learning coalition through the single point of entry established under s

12 (b) The application must be submitted on forms prescribed by the Office of Early Learning and must be accompanied by a certified copy of the child s birth certificate. The forms must include a certification, in substantially the form provided in s (6)(b)2., that the parent chooses the private prekindergarten provider or public school in accordance with this section and directs that payments for the program be made to the provider or school. The Office of Early Learning may authorize alternative methods for submitting proof of the child s age in lieu of a certified copy of the child s birth certificate. (c) Each early learning coalition shall coordinate with each of the school districts within the coalition s county or multicounty region in the development of procedures for enrolling children in prekindergarten programs delivered by public schools. (5) The early learning coalition shall provide each parent enrolling a child in the Voluntary Prekindergarten Education Program with a profile of every private prekindergarten provider and public school delivering the program within the county where the child is being enrolled. The profiles shall be provided to parents in a format prescribed by the Office of Early Learning. The profiles must include, at a minimum, the following information about each provider and school: (a) The provider s or school s services, curriculum, instructor credentials, and instructor-tostudent ratio; and (b) The provider s or school s kindergarten readiness rate calculated in accordance with s , based upon the most recent available results of the statewide kindergarten screening. (6)(a) A parent may enroll his or her child with any private prekindergarten provider that is eligible to deliver the Voluntary Prekindergarten Education Program under this part; however, the provider may determine whether to admit any child. An early learning coalition may not limit the number of students admitted by any private prekindergarten provider for enrollment in the program. However, this paragraph does not authorize an early learning coalition to allow a provider to exceed any staff-to-children ratio, square footage per child, or other requirement imposed under ss as a result of admissions in the prekindergarten program. (b) A parent may enroll his or her child with any public school within the school district which is eligible to deliver the Voluntary Prekindergarten Education Program under this part, subject to available space. Each school district may limit the number of students admitted by any public school for enrollment in the school-year program; however, the school district must provide for the admission of every eligible child within the district whose parent enrolls the child in a summer prekindergarten program delivered by a public school under s (c) Each private prekindergarten provider and public school must comply with the antidiscrimination requirements of 42 U.S.C. s. 2000d, regardless of whether the provider or school receives federal financial assistance. A private prekindergarten provider or public school may not discriminate against a parent or child, including the refusal to admit a child for enrollment in the Voluntary Prekindergarten Education Program, in violation of these antidiscrimination requirements. History. s. 1, ch ; s. 4, ch ; s. 26, ch ; s. 3, ch ; s. 449, ch ; s. 3, ch School-year prekindergarten program delivered by private prekindergarten providers. (1) Each early learning coalition shall administer the Voluntary Prekindergarten Education Program at the county or regional level for students enrolled under s (3)(a) in a schoolyear prekindergarten program delivered by a private prekindergarten provider. 2

13 (2) Each school-year prekindergarten program delivered by a private prekindergarten provider must comprise at least 540 instructional hours. (3) To be eligible to deliver the prekindergarten program, a private prekindergarten provider must meet each of the following requirements: (a) The private prekindergarten provider must be a child care facility licensed under s , family day care home licensed under s , large family child care home licensed under s , nonpublic school exempt from licensure under s (2), or faith-based child care provider exempt from licensure under s (b) The private prekindergarten provider must: 1. Be accredited by an accrediting association that is a member of the National Council for Private School Accreditation, or the Florida Association of Academic Nonpublic Schools, or be accredited by the Southern Association of Colleges and Schools, or Western Association of Colleges and Schools, or North Central Association of Colleges and Schools, or Middle States Association of Colleges and Schools, or New England Association of Colleges and Schools; and have written accreditation standards that meet or exceed the state s licensing requirements under s , s , or s and require at least one onsite visit to the provider or school before accreditation is granted; 2. Hold a current Gold Seal Quality Care designation under s ; or 3. Be licensed under s , s , or s and demonstrate, before delivering the Voluntary Prekindergarten Education Program, as verified by the early learning coalition, that the provider meets each of the requirements of the program under this part, including, but not limited to, the requirements for credentials and background screenings of prekindergarten instructors under paragraphs (c) and (d), minimum and maximum class sizes under paragraph (f), prekindergarten director credentials under paragraph (g), and a developmentally appropriate curriculum under s (2)(b). (c) The private prekindergarten provider must have, for each prekindergarten class of 11 children or fewer, at least one prekindergarten instructor who meets each of the following requirements: 1. The prekindergarten instructor must hold, at a minimum, one of the following credentials: a. A child development associate credential issued by the National Credentialing Program of the Council for Professional Recognition; or b. A credential approved by the Department of Children and Families as being equivalent to or greater than the credential described in sub-subparagraph a. The Department of Children and Families may adopt rules under ss (1) and which provide criteria and procedures for approving equivalent credentials under subsubparagraph b. 2. The prekindergarten instructor must successfully complete an emergent literacy training course and a student performance standards training course approved by the office as meeting or exceeding the minimum standards adopted under s The requirement for completion of the standards training course shall take effect July 1, 2014, and the course shall be available online. (d) Each prekindergarten instructor employed by the private prekindergarten provider must be of good moral character, must be screened using the level 2 screening standards in s before employment and rescreened at least once every 5 years, must be denied employment or terminated if required under s , and must not be ineligible to teach in a public school because his or her educator certificate is suspended or revoked. 3

14 (e) A private prekindergarten provider may assign a substitute instructor to temporarily replace a credentialed instructor if the credentialed instructor assigned to a prekindergarten class is absent, as long as the substitute instructor is of good moral character and has been screened before employment in accordance with level 2 background screening requirements in chapter 435. The Office of Early Learning shall adopt rules to implement this paragraph which shall include required qualifications of substitute instructors and the circumstances and time limits for which a private prekindergarten provider may assign a substitute instructor. (f) Each of the private prekindergarten provider s prekindergarten classes must be composed of at least 4 students but may not exceed 20 students. In order to protect the health and safety of students, each private prekindergarten provider must also provide appropriate adult supervision for students at all times and, for each prekindergarten class composed of 12 or more students, must have, in addition to a prekindergarten instructor who meets the requirements of paragraph (c), at least one adult prekindergarten instructor who is not required to meet those requirements but who must meet each requirement of paragraph (d). This paragraph does not supersede any requirement imposed on a provider under ss (g) The private prekindergarten provider must have a prekindergarten director who has a prekindergarten director credential that is approved by the office as meeting or exceeding the minimum standards adopted under s Successful completion of a child care facility director credential under s (2)(f) before the establishment of the prekindergarten director credential under s or July 1, 2006, whichever occurs later, satisfies the requirement for a prekindergarten director credential under this paragraph. (h) The private prekindergarten provider must register with the early learning coalition on forms prescribed by the Office of Early Learning. (i) The private prekindergarten provider must execute the statewide provider contract prescribed under s , except that an individual who owns or operates multiple private prekindergarten providers within a coalition s service area may execute a single agreement with the coalition on behalf of each provider. (j) The private prekindergarten provider must maintain general liability insurance and provide the coalition with written evidence of general liability insurance coverage, including coverage for transportation of children if prekindergarten students are transported by the provider. A provider must obtain and retain an insurance policy that provides a minimum of $100,000 of coverage per occurrence and a minimum of $300,000 general aggregate coverage. The office may authorize lower limits upon request, as appropriate. A provider must add the coalition as a named certificateholder and as an additional insured. A provider must provide the coalition with a minimum of 10 calendar days advance written notice of cancellation of or changes to coverage. The general liability insurance required by this paragraph must remain in full force and effect for the entire period of the provider contract with the coalition. (k) The private prekindergarten provider must obtain and maintain any required workers compensation insurance under chapter 440 and any required reemployment assistance or unemployment compensation coverage under chapter 443. (l) Notwithstanding paragraph (j), for a private prekindergarten provider that is a state agency or a subdivision thereof, as defined in s (2), the provider must agree to notify the coalition of any additional liability coverage maintained by the provider in addition to that otherwise established under s The provider shall indemnify the coalition to the extent permitted by s

15 (m) The private prekindergarten provider must deliver the Voluntary Prekindergarten Education Program in accordance with this part. (4) A prekindergarten instructor, in lieu of the minimum credentials and courses required under paragraph (3)(c), may hold one of the following educational credentials: (a) A bachelor s or higher degree in early childhood education, prekindergarten or primary education, preschool education, or family and consumer science; (b) A bachelor s or higher degree in elementary education, if the prekindergarten instructor has been certified to teach children any age from birth through 6th grade, regardless of whether the instructor s educator certificate is current, and if the instructor is not ineligible to teach in a public school because his or her educator certificate is suspended or revoked; (c) An associate s or higher degree in child development; (d) An associate s or higher degree in an unrelated field, at least 6 credit hours in early childhood education or child development, and at least 480 hours of experience in teaching or providing child care services for children any age from birth through 8 years of age; or (e) An educational credential approved by the department as being equivalent to or greater than an educational credential described in this subsection. The department may adopt criteria and procedures for approving equivalent educational credentials under this paragraph. (5) Notwithstanding paragraph (3)(b), a private prekindergarten provider may not participate in the Voluntary Prekindergarten Education Program if the provider has child disciplinary policies that do not prohibit children from being subjected to discipline that is severe, humiliating, frightening, or associated with food, rest, toileting, spanking, or any other form of physical punishment as provided in s (12). History. s. 1, ch ; s. 5, ch ; s. 27, ch ; s. 11, ch ; s. 450, ch ; s. 4, ch Prekindergarten director credential. (1) The office, in consultation with the Department of Children and Families, shall adopt minimum standards for a credential for prekindergarten directors of private prekindergarten providers delivering the Voluntary Prekindergarten Education Program. The credential must encompass requirements for education and onsite experience. (2) The educational requirements must include training in the following: (a) Professionally accepted standards for prekindergarten programs, early learning, and strategies and techniques to address the age-appropriate progress of prekindergarten students in attaining the performance standards adopted by the department under s ; (b) Strategies that allow students with disabilities and other special needs to derive maximum benefit from the Voluntary Prekindergarten Education Program; and (c) Program administration and operations, including management, organizational leadership, and financial and legal issues. (3) The prekindergarten director credential must meet or exceed the requirements of the Department of Children and Family Services for the child care facility director credential under s (2)(f), and successful completion of the prekindergarten director credential satisfies these requirements for the child care facility director credential. (4) The department shall, to the maximum extent practicable, award credit to a person who successfully completes the child care facility director credential under s (2)(f) for those requirements of the prekindergarten director credential which are duplicative of requirements for the child care facility director credential. History. s. 1, ch ; s. 5, ch

16 Emergent literacy and performance standards training courses. (1) The office shall adopt minimum standards for one or more training courses in emergent literacy for prekindergarten instructors. Each course must comprise 5 clock hours and provide instruction in strategies and techniques to address the age-appropriate progress of prekindergarten students in developing emergent literacy skills, including oral communication, knowledge of print and letters, phonemic and phonological awareness, and vocabulary and comprehension development. Each course must also provide resources containing strategies that allow students with disabilities and other special needs to derive maximum benefit from the Voluntary Prekindergarten Education Program. Successful completion of an emergent literacy training course approved under this section satisfies requirements for approved training in early literacy and language development under ss (2)(d)5., (6), and (5). (2) The office shall adopt minimum standards for one or more training courses on the performance standards adopted under s (1). Each course must comprise at least 3 clock hours, provide instruction in strategies and techniques to address age-appropriate progress of each child in attaining the standards, and be available online. History. s. 1, ch ; s. 6, ch Summer prekindergarten program delivered by public schools and private prekindergarten providers. (1)(a) Each school district shall administer the Voluntary Prekindergarten Education Program at the district level for students enrolled under s (3)(b) in a summer prekindergarten program delivered by a public school. (b) Each early learning coalition shall administer the Voluntary Prekindergarten Education Program at the county or regional level for students enrolled under s (3)(b) in a summer prekindergarten program delivered by a private prekindergarten provider. (2) Each summer prekindergarten program delivered by a public school or private prekindergarten provider must: (a) Comprise at least 300 instructional hours; (b) Not begin earlier than May 1 of the school year; and (c) Not deliver the program for a child earlier than the summer immediately before the school year for which the child is eligible for admission to kindergarten in a public school under s (1)(a)2. (3)(a) Each district school board shall determine which public schools in the school district are eligible to deliver the summer prekindergarten program. The school district shall use educational facilities available in the public schools during the summer term for the summer prekindergarten program. (b) Each public school delivering the summer prekindergarten program must execute the statewide provider contract prescribed under s , except that the school district may execute a single agreement with the early learning coalition on behalf of all district schools. (c) Except as provided in this section, to be eligible to deliver the summer prekindergarten program, a private prekindergarten provider must meet each requirement in s (4) Notwithstanding ss (3)(c)1. and (4), each public school and private prekindergarten provider must have, for each prekindergarten class, at least one prekindergarten instructor who is a certified teacher or holds one of the educational credentials specified in s. 6

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