1. (1) LEGISLATIVE INTENT; PURPOSE.--The Legislature recognizes that high-quality prekindergarten education programs increase children's chances of achieving future educational success and becoming productive members of society. It is the intent of the Legislature that such programs be developmental, serve as preventive measures for children at risk of future school failure, enhance the educational readiness of all children, and support family education and the involvement of parents in their child's educational progress. Each prekindergarten early intervention program shall provide the elements necessary to prepare children for school, including health screening and referral and a developmentally appropriate educational program and opportunities for parental involvement in the program. It is the legislative intent that the prekindergarten early intervention program not exist as an isolated program, but build upon existing services and work in cooperation with other programs for young children. It is intended that procedures such as, but not limited to, contracting, collocation, mainstreaming, and cooperative funding be used to coordinate the program with Head Start, public and private providers of child care, preschool programs for children with disabilities, programs for migrant children, Chapter I, subsidized child care, adult literacy programs, and other services. It is further the intent of the Legislature that the Commissioner of Education seek the advice of the Secretary of ¹Health and Rehabilitative Services in the development and implementation of the prekindergarten early intervention program and the coordination of services to young children. The purpose of the prekindergarten early intervention program is to assist local communities in implementing programs that will enable all the families and children in the school district to be prepared for the children's success in school.

2. (2) ELIGIBILITY.--There is hereby created the prekindergarten early intervention program for children who are 3 and 4 years of age. A prekindergarten early intervention program shall be administered by a district school board and shall receive state funds pursuant to ²subsection (5). Each public school district shall make reasonable efforts to accommodate the needs of children for extended day and extended year services without compromising the quality of the 6-hour, 180-day program. The school district shall report on such efforts. School district participation in the prekindergarten early intervention program shall be at the discretion of each school district.

   1. (a) At least 75 percent of the children projected to be served by the district program shall be economically disadvantaged 4-year-old children of working parents, including migrant children or children whose parents participate in the WAGES Program. Other children projected to be served by the district program may include any of the following up to a maximum of 25 percent of the total number of children served:

      1. Three-year-old and four-year-old children who are referred to the school system who may not be economically disadvantaged but who are abused, prenatally exposed to alcohol or harmful drugs, or from foster homes, or who are marginal in terms of Exceptional Student Education placement.

      2. Three-year-old children and four-year-old children who may not be economically disadvantaged but who are eligible students with disabilities and served in an exceptional student education program with required special services, aids, or equipment and who are reported for partial funding in the K-12 Florida Education Finance Program. These students may be funded from prekindergarten early intervention program funds the portion of the time not funded by the K-12 Florida Education Finance Program for the actual instructional time or one full-time equivalent student membership, whichever is the lesser. These students with disabilities shall be counted toward the 25-percent student limit based on full-time equivalent student membership funded part-time by prekindergarten early intervention program funds. Also, 3-year-old or 4-year-old eligible students with disabilities who are reported for funding in the K-12 Florida Education Finance Program in an exceptional student education program as provided in s. 236.081(1)(c) may be mainstreamed in the prekindergarten early intervention program if such programming is reflected in the student's individual educational plan; if required special services, aids, or equipment are provided; and if there is no operational cost to prekindergarten early intervention program funds. Exceptional education students who are reported for maximum K-12 Florida Education Finance Program funding and who are not reported for early intervention funding shall not count against the 75-percent or 25-percent student limit as stated in this paragraph.

      3. Economically disadvantaged 3-year-old children.

      4. Economically disadvantaged children, children with disabilities, and children at risk of future school failure, from birth to age four, who are served at home through home visitor programs and intensive parent education programs such as the Florida First Start Program.

      5. Children who meet federal and state requirements for eligibility for the migrant preschool program but who do not meet the criteria of "economically disadvantaged" as defined in paragraph (b), who shall not pay a fee.

      6. After the groups listed in subparagraphs 1., 2., 3., and 4. have been served, 3-year-old and 4-year-old children who are not economically disadvantaged and for whom a fee is paid for the children's participation.

   2. (b) An "economically disadvantaged" child shall be defined as a child eligible to participate in the free lunch program. Notwithstanding any change in a family's economic status or in the federal eligibility requirements for free lunch, a child who meets the eligibility requirements upon initial registration for the program shall be considered eligible until the child reaches kindergarten age. In order to assist the school district in establishing the priority in which children shall be served, and to increase the efficiency in the provision of child care services in each district, the district shall enter into a written collaborative agreement with other publicly funded early education and child care programs within the district. Such agreement shall be facilitated by the interagency coordinating council and shall set forth, among other provisions, the measures to be undertaken to ensure the programs' achievement and compliance with the performance standards established in subsection (3) and for maximizing the public resources available to each program. In addition, the central agency for state-subsidized child care or the local service district of the ¹Department of Health and Rehabilitative Services shall provide the school district with an updated list of 3-year-old and 4-year-old children residing in the school district who are on the waiting list for state-subsidized child care.

3. (3) STANDARDS.--

   1. (a) Publicly supported preschool programs, including prekindergarten early intervention, subsidized child care, teen parent programs, Head Start, migrant programs, and Chapter I programs shall employ a simplified point of entry to the child care services system in every community. These programs shall share the waiting lists for unserved children in the community so that a count of eligible children is maintained without duplications.
   2. (b) The Department of Education and the ¹Department of Health and Rehabilitative Services, in consultation with the Legislature, shall develop a minimum set of performance standards for publicly funded early education and child care programs and a method for measuring the progress of local school districts and central agencies in meeting a desired set of outcomes based on these performance measures. The defined outcomes must be consistent with the state's first education goal, readiness to start school, and must also consider efficiency measures such as the employment of a simplified point of entry to the child care services system, coordinated staff development programs, and other efforts within the state to increase the opportunity for welfare recipients to become self-sufficient. Performance standards shall be developed for all levels of administration of the programs, including individual programs and providers, and must incorporate appropriate expectations for the type of program and the setting in which care is provided.
   3. (c) The program curriculum must be developmentally appropriate according to current nationally recognized recommendations for high-quality prekindergarten programs.
   4. (d) School districts may establish a sliding fee scale for participants.
   5. (e) The ratio of direct instructional staff to children must be 1 adult to 10 children, or a lower ratio. Upon written request from a school district, the commissioner may grant permission for a ratio of up to 1 adult to 15 children for individual schools or centers for which a 1-to-10 ratio would not be feasible.

   6. (f) All staff must meet the following minimum requirements:

      1. The minimum level of training is to be the completion of a 30-clock-hour training course planned jointly by the Department of Education and the ¹Department of Health and Rehabilitative Services to include the following areas: state and local rules that govern child care, health, safety, and nutrition; identification and report of child abuse and neglect; child growth and development; use of developmentally appropriate early childhood curricula; and avoidance of income-based, race-based, and gender-based stereotyping.

      2. When individual classrooms are staffed by certified teachers, those teachers must be certified for the appropriate grade levels under s. 231.17 and State Board of Education rules. Teachers who are not certified for the appropriate grade levels must obtain proper certification within 2 years. However, the commissioner may make an exception on an individual basis when the requirements are not met because of serious illness, injury, or other extraordinary, extenuating circumstance.

      3. When individual classrooms are staffed by noncertified teachers, there must be a program director or lead teacher who is eligible for certification or certified for the appropriate grade levels pursuant to s. 231.17 and State Board of Education rules in regularly scheduled direct contact with each classroom. Notwithstanding s. 231.15, such classrooms must be staffed by at least one person who has, at a minimum, a child development associate credential (CDA) or an amount of training determined by the commissioner to be equivalent to or to exceed the minimum, such as an associate in science degree in the area of early childhood education.

      4. Beginning October 1, 1994, principals and other school district administrative and supervisory personnel with direct responsibility for the program must demonstrate knowledge of prekindergarten education programs that increase children's chances of achieving future educational success and becoming productive members of society in a manner established by the State Board of Education by rule.

      5. All personnel who are not certified under s. 231.17 must comply with screening requirements under ss. 231.02 and 231.1713.

   7. (g) Student participation must be contingent upon parental involvement. The parental involvement activities integral to the program must include program site-based parental activities designed to fully involve parents in the program and may include parenting education, home visitor activities, family support services coordination, and other activities.
   8. (h) Services are to be provided during a school day and school year equal to or exceeding the requirements for kindergarten under ss. 228.041 and 236.013. Strategies to provide care before school, after school, and 12 months a year, when needed, must be developed by the school district in cooperation with the central agency for state-subsidized child care or the local service district of the ¹Department of Health and Rehabilitative Services and the district interagency coordinating council. Programs may be provided on Saturdays and through other innovative scheduling arrangements.
   9. (i) The school district must make efforts to meet the first state education goal, readiness to start school, including the involvement of nonpublic schools, public and private providers of day care and early education, and other community agencies that provide services to young children. This may include private child care programs, subsidized child care programs, and Head Start programs. A written description of these efforts must be provided to the district interagency coordinating council on early childhood services.
   10. (j) Parents must be provided an option regarding a child's participation at a school-based site or among contracted sites, when such an option is appropriate and within the school district. The school district may consider availability of sites, transportation, staffing ratios, costs, and other factors in determining the assignment and setting district guidelines. Parents may request and be assigned a site other than one first assigned by the district, provided the parents pay the cost of transporting the child to the site of the parents' choice.
   11. (k) The school district must coordinate with the central agency for state-subsidized child care or the local service district of the ¹Department of Health and Rehabilitative Services to verify family participation in the WAGES Program, thus ensuring accurate reporting and full utilization of federal funds available through the Family Support Act, and for the agency's or service district's sharing of the waiting list for state-subsidized child care under paragraph (a).

4. (4) EVALUATION.--Each school district shall conduct an evaluation of the effectiveness of the prekindergarten early intervention program. This evaluation shall include measures of the following:

   1. (a) The children's achievement as measured by assessments upon entry into the program and upon completion of the program; and
   2. (b) The children's readiness for kindergarten as measured by the instrument the district uses to assess the school readiness of all children entering kindergarten. The results of this evaluation must be maintained by the school district and made available to the public upon request.
5. (5) ANNUAL REPORT.--Each prekindergarten early intervention program under this section shall submit an annual report of its program to the district interagency coordinating council on early childhood services. The report must describe the overall program operations; activities of the district interagency coordinating council on early childhood services; expenditures; the number of students served; ratio of staff to children; staff qualifications; evaluation findings, including identification of program components that were most successful; and other information required by the council or the state advisory council.

6. (6) FUNDING.--

   1. (a) This section shall be implemented only to the extent that funding is available. State funds appropriated for the prekindergarten early intervention program may not be used for the construction of new facilities, the transportation of students, or the purchase of buses, but may be used for educational field trips which enhance the curriculum.

      1. At least 70 percent of the total funds allocated to each school district under this section must be used for implementing and conducting a prekindergarten early intervention program or contracting with other public or nonpublic entities for programs to serve eligible children. The maximum amount to be spent per child for this purpose is to be designated annually in the General Appropriations Act.

      2. No more than 30 percent of the funds allocated to each school district pursuant to this section may be used to enhance existing public and nonpublic programs for eligible children, to provide before-school and after-school care for children served under this section, to remodel or renovate existing facilities under chapter 235, to lease or lease-purchase facilities, to purchase classroom equipment to allow the implementation of the prekindergarten early intervention program, and to provide training for program teachers and administrative personnel employed by the school district and by agencies with which the school district contracts for the provision of prekindergarten services.

      3. Funds may also be used pursuant to subparagraphs 1. and 2. to provide the prekindergarten early intervention program for more than 180 school days.

   2. (b) A minimum grant for each district is to be determined annually in the General Appropriations Act. The funds remaining after allocating the minimum grants must be prorated based on an allocation factor for each district and must be added to each district's minimum grant. The allocation factor is to be calculated as follows:

      District percentage of state 3-year-old and 4-year-old children

      x 1/4 +

      District percentage of state total free lunches served

      x 3/4

      The calculation of each district's allocation factor is to be based upon the official estimate of the total number of 3-year-old and 4-year-old children by school district and the official record of the Department of Education for K-12 student total free lunches served by school district for the prior fiscal year.

7. (7) DISTRICT INTERAGENCY COORDINATING COUNCILS.--

   1. (a) To be eligible for a prekindergarten early intervention program, each school district must develop, implement, and evaluate its prekindergarten program in cooperation with a district interagency coordinating council on early childhood services.

   2. (b) Each district coordinating council must consist of at least 12 members to be appointed by the district school board, the county commission for the county in which participating schools are located, and the ¹Department of Health and Rehabilitative Services' district administrator and must include at least the following:

      1. One member who is a parent of a child enrolled in, or intending to enroll in, the public school prekindergarten program, appointed by the school board.

      2. One member who is a director or designated director of a prekindergarten program in the district, appointed by the school board.

      3. One member who is a member of a district school board, appointed by the school board.

      4. One member who is a representative of an agency serving children with disabilities, appointed by the ¹Department of Health and Rehabilitative Services' district administrator.

      5. Four members who are representatives of organizations providing prekindergarten educational services, one of whom is a representative of a Head Start Program, appointed by the ¹Department of Health and Rehabilitative Services' district administrator; one of whom is a representative of a Title XX subsidized child day care program, if such programs exist within the county, appointed by the ¹Department of Health and Rehabilitative Services' district administrator; and two of whom are private providers of preschool care and education to 3-year-old and 4-year-old children, one appointed by the county commission and one appointed by the ¹Department of Health and Rehabilitative Services' district administrator. If there is no Head Start Program or Title XX program operating within the county, these two members must represent community interests in prekindergarten education.

      6. Two members who are representatives of agencies responsible for providing social, medical, dental, adult literacy, or transportation services, one of whom represents the county health department, both appointed by the county commission.

      7. One member to represent a local child advocacy organization, appointed by the ¹Department of Health and Rehabilitative Services' district administrator.

      8. One member to represent the district K-3 program, appointed by the school board.

   3. (c) Each district interagency coordinating council shall:

      1. Assist district school boards in developing a plan or an amended plan to implement a prekindergarten early intervention program. The plan and all amendments must be signed by the council chair, the chair of the district school board, and the district school superintendent.

      2. Coordinate the delivery of educational, social, medical, child care, and other services.

      ¹Note.--The Department of Health and Rehabilitative Services was redesignated as the Department of Children and Family Services by s. 5, ch. 96-403, and the Department of Health was created by s. 8, ch. 96-403.

      ²Note.--Redesignated as subsection (10) by s. 57, ch. 96-175, and further redesignated as subsection (6) by s. 6, ch. 97-190.

History.--s. 3, ch. 86-261; s. 1, ch. 87-50; s. 2, ch. 89-101; s. 15, ch. 89-379; s. 3, ch. 90-172; s. 45, ch. 90-288; ss. 63, 70, ch. 91-105; s. 2, ch. 91-266; s. 120, ch. 94-209; s. 1, ch. 94-293; s. 4, ch. 94-303; s. 1529, ch. 95-147; ss. 2, 3, ch. 95-192; s. 57, ch. 96-175; s. 2, ch. 96-421; s. 4, ch. 97-2; s. 174, ch. 97-101; ss. 6, 106, ch. 97-190; s. 46, ch. 97-307.

Note.--Former s. 228.0615.