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Florida
 

State Preschool Program

Overview

Beginning in the 2005-2006 school year, Florida offered a half-day universal prekindergarten program, known as the Voluntary Pre-Kindergarten Program (VPK), to all four-year-olds in the state. The VPK program was adopted by the legislature in late 2004 to comply with a 2002 voter initiative amending the Florida Constitution to require "a high quality pre-kindergarten learning opportunity" that meets "professional standards." The legislation authorizes two preschool options: a three-hour per day program offered during the regular school year, which does not require certified teachers, and a five-hour per day summer program, which offers smaller class sizes and certified teachers. Either option may be offered in a public school or a private preschool or childcare facility, including faith-based and family childcare centers. According to the National Institute for Early Education Research (NIEER), Florida served 47% of its four-year-olds in its preschool program in 2005-2006, or about 106,000 children. The school year program served about 90% of these children; the remaining 10% attended the summer program. State funding that year was $229.1 million.

The Florida legislature designed the VPK program with primary reliance on private providers for implementation. Most public schools lack the space for new classes and are prohibited by statute from offering a VPK program during the school year unless they first meet the class-size reduction requirements imposed by the state constitution. The Florida Education commissioner’s March 2006 interpretation of those requirements allowed sixty-six of the state’s sixty-seven school districts to participate in the program in 2006-2007 based on compliance with 2005 class-size reduction targets. For 2007-2008, class size goals were calculated at the school level, and 24 districts were determined to have at least one school ineligible to participate in the school year program. Unfortunately, this means that 29 schools that had offered VPK in 2006-2007 will not be permitted to offer it in 2007-2008.

Eligible school districts are still free to decide whether to participate in the school-year VPK program, and may be constrained by the lack of space and by the $2,560 per pupil reimbursement rate. In 2005-2006, only 20% of participating children were served in the public schools.

In addition to the VPK program, Florida operates the School Readiness Program, which coordinates birth-to-kindergarten services for children who meet certain eligibility criteria. The program is administered by a school readiness coalition, whose responsibility is to determine how to use federal and state resources to provide support services to young children in their communities. Communities can choose to use some of their school readiness funding for prekindergarten initiatives.

State Policy

The Florida Legislature has recognized the important role of school readiness programs in increasing children's chances of achieving future educational success and becoming productive members of society. The voters, in passing the constitutional amendment requiring universal prekindergarten, expressed intent to have high quality prekindergarten learning opportunities that operate according to professional standards. The Governor emphasized the importance of high quality programs when he vetoed the Legislature’s first bill implementing the constitutional mandate for universal prekindergarten, although he then signed the second bill authorizing the VPK program, which similarly lacks high quality standards.

Eligibility Criteria

All four-year-olds in the state are eligible for the VPK program. However, the legislation does not guarantee all eligible children will be served. Participation in the program by private providers is voluntary and these providers are allowed to reject children on the basis of religion, socioeconomic status and disability. Public school districts are required to admit all students who want to participate in the program during the summer months, but only if they choose to offer the program. They are not required to offer the VPK program or admit all eligible students during the school year. In fact, school districts are precluded from offering VPK unless they have first met constitutionally imposed class size reduction requirements. Additionally, the VPK legislation does not provide separate funding for transportation, which may pose another obstacle for participation, particularly for children residing in rural areas.

Florida’s school readiness program serves children from birth to kindergarten. Priority is given to children ages three-years-old to school entry, who are served by family services or a community-based agency and for whom child care is needed to minimize risk of further abuse, neglect, or abandonment. Other eligible populations include children who are at risk of welfare dependency, children of working families whose family income does not exceed 150 percent of the federal poverty level, children for whom the state is paying a relative caregiver payment, children with disabilities, and children who are eligible for the migrant preschool program.

Program Length/Duration

Under the VPK program, parents have a choice between a 540-hour school year program offered for three-hours per day or a 300-hour summer program. However, for reasons explained above under Eligibility criteria, parents’ options may be limited. Providers may offer supplemental or extended-day services, although they may not require parents to enroll their children in such a program as a condition of eligibility for the VPK program, and will not receive VPK funding for any additional services provided.

Florida’s school readiness programs are required to provide extended-day and extended-year services to the maximum extent possible to meet the needs of parents who work.

Funding

The legislation states that funding will be on a per pupil basis through general appropriations, and that the per pupil amount will be equal for all students, regardless of whether the student attends a public or private program or a program offered during the school year or summer months. Funding for the program for 2006-2007 totaled $388 million based on a per student allocation of $2,560. The Governor has recommended the same funding for 2007-2008, with a per pupil rate of $2,622.46.

Funding for the VPK program is completely outside the state department of education and public education system. Both public schools and private providers will be paid on a monthly basis by the Agency for Workforce Innovation through the local early learning coalitions. Parents are not required to pay for the educational component of the VPK program. However, the cost of transportation and other ancillary services is excluded from state funding and may be passed on to parents.

Florida’s school readiness program is also funded separately from the public school system, through state, federal, lottery, and local early education and child care funds. Parents are required to make a co-payment for the program, according to a sliding fee scale that is based upon their ability to pay.

Quality Standards

In a national survey of quality standards, the National Institute for Early Education Research (NIEER) found that, in its inaugural year, Florida’s VPK program met only 4 out of 10 of NIEER’s recommended quality benchmarks.

The VPK program meets NIEER’s standard for staff-child ratio, requiring at least one instructional staff member for every 10 children and a second staff member for 11 or more children. The program also meets NIEER’s standard for maximum class size: for programs offered during the school year, the maximum class size is eighteen; for summer programs, the maximum class size is ten. Staff-child ratio and class size standards for the VPK program apply equally to public schools and private providers.

In March 2005, the state adopted curriculum and performance standards for the VPK program. Providers are free to use a curriculum of their choosing, unless they are placed on probation due to low performance on a kindergarten screening instrument. However, for all programs, prekindergarten curricula are reviewed by the state and technical assistance regarding choosing curricula is provided. If placed on probation due to low student performance on a kindergarten readiness test, then providers must use a state-approved curriculum. (The Office of Early Learning plans to complete its review process and post a list of approved curricula in August 2007.)

Teacher qualification standards are the same for public and private programs. Lead teachers in the school-year program are only required to have a Child Development Associate (CDA) degree or a Florida equivalent. Aides or assistant teachers do not have to meet any educational or experience requirements at all. The requirements are the same in public and private settings. The summer program has more stringent requirements: lead teachers in all settings are required to have a bachelor’s degree. NIEER’s benchmarks for teacher qualifications include a minimum of a bachelor’s degree and specialized training in early childhood education for lead teachers and a CDA for assistant teachers. The legislation includes a nonbinding "aspirational goal" of all lead teachers having an associate degree by 2010 and a bachelor’s degree by 2013, and aides having CDAs by 2010, but does not provide a plan or funding for accomplishing this goal.

The VPK program meets NIEER’s benchmark for monitoring by requiring site visits, as well as other monitoring. The program, however, fails to have statewide mandates regarding meals or snacks; vision, hearing, and health screening and referral; and family support services.

There are no specific quality standards for Florida’s school readiness programs, including no teacher qualification requirements. The law provides only that there be an appropriate staff-to-child ratio, coordinated staff development opportunities, and access to community services and resources for families, and that instructional staff have the credentials required by the partnership. There are, however, performance standards and outcome measures.

Delivery of Preschool Services

The VPK program may be offered in a public school or a non-public school, private child care center, private preschool, faith-based child care center or family child care center, as long as all providers meet applicable licensing requirements. The state Agency for Workforce Innovation registers private providers for participation, determines provider eligibility, monitors compliance with school readiness goals and processes payment.

School readiness programs may be offered in a variety of settings and locations, such as an existing early childhood program, Title I program, contracted or directly operated subsidized child care, prekindergarten early intervention program, Florida First Start, Head Start program, or a private child care program. School readiness programs are encouraged to build upon existing services and work in cooperation with other programs for young children.

Requirements for Student Assessment and Program Evaluation

Florida evaluates the effectiveness of each provider of the VPK program based on student performance on a kindergarten screening instrument developed by the Department of Education. School districts must administer the screening to all students within the first thirty days of kindergarten. The Department then determines the kindergarten readiness rate of each participating public school and private provider based on the percentage of their students who are assessed as ready for kindergarten. The state Board of Education has determined a minimally acceptable kindergarten readiness rate and providers or schools falling below that rate for two years will be placed on probation. Schools and providers placed on probation due to low student performance will have their curricula reviewed for approval by the state.

The state Agency for Workforce Innovation is responsible for ensuring that providers are eligible to participate by having the necessary staffing and licensure or accreditation, but does not exercise continued oversight except over those facilities placed on probation due to poor kindergarten readiness rates. Furthermore, there is no mechanism for financial oversight, and private providers are not required to make their budgets or other records available to any agency except for basic attendance records to verify the number of children enrolled.

The School Readiness provisions require an annual report that analyzes school readiness activities across the state.

Legal Framework

Education Clause in State Constitution

The education clause of Florida’s constitution recognizes that education is a fundamental value and requires that "[a]dequate provision . . . be made by law for a uniform, efficient, safe, secure, and high quality system of free public schools that allows students to obtain a high quality education . . .." As a result of a 2002 amendment, Florida’s constitution also provides that every four-year-old child in the state will have access to a "high quality pre-kindergarten learning opportunity" by the beginning of the 2005-06 school year.

Summary of Case Law on School Finance System

The Florida Supreme Court has held that it is competent to decide whether the legislature’s distribution of funds results in a "uniform system," but that it cannot require equal distribution of funding, nor determine the adequacy of the legislature’s appropriation. A Florida Court of Appeals has held that the Legislature has the discretion to select the method of calculating the index used to determine cost adjustments to each county’s base school funding allocation, in spite of a challenge by the Miami-Dade County School Board on the ground that reductions in aid resulting from the formula would prevent it from discharging its statutory and constitutional duty to provide a high quality public education.

Summary of Case Law on Preschool

The Florida Supreme Court upheld the constitutionality of a public initiative to amend the state constitution to require high quality, voluntary pre-kindergarten education for all four-year-olds in the state.

Constitutional Provisions on Public Education

Fla. Const. art. IX, § 1

   (aThe education of children is a fundamental value of the people of the State of Florida. It is, therefore, a paramount duty of the state to make adequate provision for the education of all children residing within its borders. Adequate provision shall be made by law for a uniform, efficient, safe, secure, and high quality system of free public schools that allows students to obtain a high quality education and for the establishment, maintenance, and operation of institutions of higher learning and other public education programs that the needs of the people may require. To assure that children attending public schools obtain a high quality education, the legislature shall make adequate provision to ensure that, by the beginning of the 2010 school year, there are a sufficient number of classrooms so that:

   1. The maximum number of students who are assigned to each teacher who is teaching in public school classrooms for prekindergarten through grade 3 does not exceed 18 students;

   2. The maximum number of students who are assigned to each teacher who is teaching in public school classrooms for grades 4 through 8 does not exceed 22 students; and

   3. The maximum number of students who are assigned to each teacher who is teaching in public school classrooms for grades 9 through 12 does not exceed 25 students.

   The class size requirements of this subsection do not apply to extracurricular classes. Payment of the costs associated with reducing class size to meet these requirements is the responsibility of the state and not of local school districts. Beginning with the 2003-2004 fiscal year, the legislature shall provide sufficient funds to reduce the average number of students in each classroom by at least two students per year until the maximum number of students per classroom does not exceed the requirements of this subsection.

   (b) Every four-year old child in Florida shall be provided by the State a high quality pre-kindergarten learning opportunity in the form of an early childhood development and education program which shall be voluntary, high quality, free, and delivered according to professionally accepted standards. An early childhood development and education program means an organized program designed to address and enhance each child's ability to make age appropriate progress in an appropriate range of settings in the development of language and cognitive capabilities and emotional, social, regulatory and moral capacities through education in basic skills and such other skills as the Legislature may determine to be appropriate.

   (c) The early childhood education and development programs provided by reason of subparagraph (b) shall be implemented no later than the beginning of the 2005 school year through funds generated in addition to those used for existing education, health, and development programs. Existing education, health, and development programs are those funded by the State as of January 1, 2002 that provided for child or adult education, health care, or development.

Case Law on the Right to Public Education and Preschool

Is Education a Fundamental Right under the State Constitution?

Fla. Const. art. IX, § 1(a)

The education of children is a fundamental value of the people of the State of Florida . . .

Coalition for Adequacy and Fairness in School Funding v. Chiles, 680 So. 2d 400, 409 (Fla. 1996) (Overton, J. concurring)

"While I agree . . . that we should not give the constitution a stilted reading by requiring absolute uniformity among school districts, such a position does not preclude the treatment of education as an essential, fundamental right. In my view, [the Florida Supreme] Court can recognize the basic need for the right to an adequate provision of educational opportunities without engaging in micro-management and without offending the separation-of- powers doctrine."

School Finance Cases in Favor of Plaintiffs:

Advisory Opinion to the Attorney General re Requirement for Adequate Public Education Funding, 703 So. 2d 446, 450 (Fla. 1997)

The Supreme Court held, in an advisory opinion requested by the Attorney General, that a proposed amendment to the state constitution, defining adequate provision for public education as the appropriation of at least a minimum percentage (40%) for public education from the state’s total appropriations, substantially affected separate, distinct functions of government and multiple provisions of State Constitution, and was therefore unconstitutional.

Standard for a Constitutionally Adequate Education:

Sch. Board of Miami-Dade County v. King, 940 So.2d 593 (Florida District Court of Appeal, October 31, 2006)

“ [T]he standard for determining whether the legislature has made adequate provision for public schools is whether the resources allocated by the legislature are sufficient to provide ‘a uniform, efficient, safe, secure, and high quality system of free public schools that allows students to obtain a high quality education,’ as required by the Florida Constitution.”

School Finance Cases against Plaintiffs:

Department of Education v. School Board of Collier County, 394 So. 2d 1010, 1013 (Fla. 1981)
The Florida Supreme Court upheld against constitutional challenge an appropriations bill guaranteeing a minimum increase of 7.25 percent in school funding, depending on the millage value per student. The Court found that the increase in funding was a supplement to the statutory formula, which has a "hold harmless" provision guaranteeing a minimum level of funding. Because the excluded districts were still entitled to the minimum level of funds allocated under the formula, the provision of supplemental funding to select districts did not violate the constitution. The Court stated, "[t]he legislature is not required to distribute educational funds to all school districts in an equal mathematical proportion. The legislature may, if it so desires, distribute the state funds on the basis of public educational need."

Sch. Board of Miami-Dade County v. King, 940 So.2d 593 (Florida District Court of Appeal, October 31, 2006)
In this action for declaratory and injunctive relief, filed in 2004, the plaintiff school boards allege that they were unable to adequately discharge their statutory and constitutional duties to provide a public education because the legislature unlawfully reduced their educational funding. The basis for the lawsuit was the new method of calculating the district cost differential (DCD). The DCD had been calculated each year using the Florida Price Level Index (FPLI), but beginning in 2004-2005, the Legislature adopted "amenities-based indices" for DCD calculations. This approach adjusted district price level indices based on beaches, climate, scenery, public services and other desirable community features. The financial impact to the Miami-Dade school district on account of the new DCD was approximately $24,500,000 for 2004-2005, $43,000,000 for 2005-2006 and $88,000,000 for 2006-2007.  Plaintiffs contended that as a result of the unlawful DCD funding decision, students in Miami-Dade County and the other plaintiff districts would be discriminatorily denied equal funding opportunity and that a uniform high quality education could not be provided.

After the plaintiffs had presented their case at trial, the trial court granted the defendants’ motion to dismiss the case, finding that it was within the Legislature’s prerogative to adopt the amenities component for calculating the DCD. The trial court also found that plaintiffs had failed to prove that the revised funding formula violated the constitutional requirement of a “uniform” system of public schools because they had “failed to offer any evidence to establish that any of the plaintiff school districts have been so severely disadvantaged by the funding formula at issue that basic education needs are not being funded.” The Court of Appeal affirmed the trial court’s rulings and the dismissal of the case.

Decisions Ruling School Finance Issues Were Non-Justiciable:

Coalition for Adequacy and Fairness in School Funding v. Chiles, 680 So. 2d 400, 408 (1996)
In a challenge to the adequacy of Florida’s education system, the Florida Supreme Court declined to interpret Article IX, Section 1, of the Florida Constitution, holding that plaintiffs had "failed to demonstrate . . . an appropriate standard for determining ‘adequacy’ that would not present a substantial risk of judicial intrusion into the powers and responsibilities of the legislature." The Court reasoned: "While the courts are competent to decide whether or not the Legislature's distribution of state funds to complement local education expenditures results in the required "uniform system," the courts cannot decide whether the Legislature's appropriation of funds is adequate . . . . To decide such an abstract question of ‘adequate’ funding, the courts would necessarily be required to subjectively evaluate the Legislature's value judgments as to the spending priorities to be assigned to the state's many needs, education being one among them. In short, the Court would have to usurp and oversee the appropriations power."

Cases Related to State-Funded Preschool:

Advisory Opinion to the Attorney General re: Voluntary Universal Pre-Kindergarten Education, 824 So. 2d 161, 166-67 (Fla. 2002)
The Florida Supreme Court upheld the constitutionality of a public initiative to amend the state constitution to require voluntary universal pre-kindergarten education. The Court found that the amendment satisfied the "single subject" requirement and observed that the ballot title and summary clearly and unambiguously set forth the initiative's primary purpose.

Pending School Finance Cases:

None.

Statutes, Regulations and Guidance Documents on State Preschool Program

Fla. Stat. § 1002.51 et seq., Voluntary Prekindergarten Education Program (VPK)

Fla. Stat. § 411.01 et seq., School Readiness Programs; Early Learning Coalitions

Laws of Florida, Chapter 2006-25 (cited below as 2006 Budget Appropriations)

Fla. Admin. Code Ann. § 60BB-4.100 et seq., Office of Early Learning

Fla. Admin. Code Ann. § 60BB-8.100 et seq., Voluntary Prekindergarten Education Program

Florida Department of Education, Office of Early Learning, Florida VPK Education Standards, (2005) (cited below as Florida’s Early Learning Standards)

Florida Department of Education, Office of Early Learning, Voluntary Prekindergarten Education Program (VPK): Setting and Aligning Standards - Curricula Standards: An Overview and Recommendations, March 15, 2005

Provisions Expressing State Policy on Preschool:

Fla. Stat. § 411.01(2)(a): 

The Legislature recognizes that school readiness programs increase children's chances of achieving future educational success and becoming productive members of society. It is the intent of the Legislature that the programs be developmentally appropriate, research-based, involve parents as their child's first teacher, serve as preventive measures for children at risk of future school failure, enhance the educational readiness of eligible children, and support family education. Each school readiness program shall provide the elements necessary to prepare at-risk children for school, including health screening and referral and an appropriate educational program.

Reasons for amendments to sections 1(b) and 1(c) to article IX of the Florida Constitution, cited in Advisory Opinion to the Attorney General re: Voluntary Universal Pre-Kindergarten Education, 824 So. 2d 161, 163-64 (Fla. 2002):

WHEREAS, infancy and early childhood development set the stage for a child's future ability to interact socially and achieve academically, and extensive research on the human brain shows that from birth to age 5 children rapidly develop the language and cognitive capabilities and emotional, social, regulatory and moral capacities upon which child development proceeds. To this end, these critical dimensions must be nurtured in early, high quality, active learning pre-kindergarten programs for all Florida four-year-old children to provide both short and long-term benefits, including later school success.

WHEREAS, it is not advisable to mandate such pre-kindergarten programs for all children, but rather to require such programs to be available to all children who wish to participate therein, and thus to permit the parents, custodian, guardian or other caregiver to make the individual determination on behalf of each of Florida's four-year-olds whether to participate therein.

WHEREAS, existing resources of public institutions are limited in their ability to support additional demand, and therefore a range of pre-kindergarten settings, including school sites, childcare facilities and homes, both public and non-public, should house pre-kindergarten programming, so that parents, custodians, guardians, or other caregivers may have choices among school settings, curricula, and services in order to preserve their role as the primary protector of the welfare of the children.

WHEREAS, current available knowledge accepts three primary essentials for school readiness: 1) that children are physically healthy, rested and well nourished; 2) that they are able to communicate needs, wants and thoughts verbally; 3) and that they are enthusiastic and curious in approaching new activities; accordingly, high quality pre-kindergarten programs should reflect an understanding of how children learn by providing appropriate preschool experiences in emphasizing basic skills including growth in language, literacy, math concepts, science arts, physical development and personal and social competence.

WHEREAS, current knowledge dictates that a high quality pre- kindergarten learning opportunity must operate according to standards that require a core curriculum and interactive, age appropriate, individualized programming delivered according to children's unique scheduling needs and which promote and enhance children's feelings of comfort and self-esteem, and further dictates the importance of appropriate staffing ratios, teacher qualifications and professional development, physical environment, and the protection of child health and safety, and therefore, it is necessary to operate the Florida early childhood development and education program according to professionally accepted standards.

WHEREAS, Florida currently has many fine education, development and health care programs that seek to address the needs of children and adults but current resources do not meet the full demand of such programs, and therefore the early childhood education and development program described herein must be implemented in such a way as not to remove any funds from any existing education, development or health care program.

NOW THEREFORE, Article IX, Section 1 of the Florida Constitution is hereby amended . . . .

Governor’s Veto Message, (July 9, 2004) vetoing House Bill 821, the Florida Legislature’s first attempt to implement the constitutional amendment requiring universal prekindergarten for all four-year-olds: " . . . I believe that reading is the most powerful skill a child can learn, as it influences success in school and improves the overall quality of life. For this reason, in 2002 I supported passage of the constitutional amendment to give parents of four-year-olds in Florida the choice of placing their children in a high-quality early learning program beginning in the 2005 school year. That amendment was passed by a wide margin. Parents and voters clearly knew how vital these early years are for a child's future success. The amendment specifically demands "high quality," because research tells us that only a high quality learning opportunity leads to improved educational outcomes for children. We must also make it possible for parents to choose the best educational setting for their children from a wide variety of high-quality private, faith-based and public providers. It is important, therefore, that we create a system concerned with performance standards, outcome measures and a curriculum that facilitates early literacy."

Eligibility Criteria for State Preschool Program:

VPK

Fla. Stat. §1002.53:

... (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.

... (6) (c)Each private prekindergarten provider and public school must comply with the antidiscrimination requirements of 42 U.S.C. § 2000d [prohibiting discrimination “on the ground of race, color, or national origin”] 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.

Fla. Admin. Code Ann. § 60BB-8.200(1)

(a) Age eligibility.

1. All children who reside in Florida who have attained 4 years of age on or before September 1 of the school year in which the child wishes to enroll are eligible for VPK, including those children with a disability as defined by 20 U.S.C. § 1401(3)(a) (2005). …

(b) Residence eligibility.

1. All 4 year old children must reside in the State of Florida. Coalitions must only establish where the child lives, not test the legal residency of the child. Children who reside in Florida are qualified to receive services.

School Readiness Program

Fla. Stat. § 411.01(5)(b): The school readiness program shall be established for children from birth to the beginning of the school year for which a child is eligible for admission to kindergarten under s. 1003.21(1)(a)(2)…

Fla. Stat. § 411.01(6): Each early learning coalition’s school readiness program shall be established for children from birth to the beginning of the school year for which a child is eligible for admission to kindergarten under s. 1003.21(1)(a)(2). Priority for participation in the school readiness program shall be given to children age 3 years to school entry who are served by the Family Safety Program Office of the Department of Children and Family Services or a community-based lead agency under chapter 39 and for whom child care is needed to minimize risk of further abuse, neglect, or abandonment. Other eligible populations include children who meet one or more of the following criteria:

   (a) Children under the age of kindergarten eligibility who are:

   1. Children determined to be at risk of abuse, neglect, or exploitation whoa re currently clients of the Family Safety Program Office of the Department of Children and Family Services, but who are not otherwise given priority under this subsection.

   2. Children at risk of welfare dependency, including economically disadvantaged children, children of participants in the welfare transition program, children of migrant farmworkers, and children of teen parents.

   3. Children of working families whose family income does not exceed 150 percent of the federal poverty level.

   4. Children for whom the state is paying a relative caregiver payment under s. 39.5085.

   (b) Three-year-old children and 4-year-old children who may not be economically disadvantaged but who have disabilities, 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.

   (c) Economically disadvantaged children, children with disabilities, and children at risk of future school failure, from birth to 4 years of age, who are served at home through home visitor programs and intensive parent education programs.

   (d) Children who meet federal and state eligibility requirements for the migrant preschool program but who do not meet the criteria of economically disadvantaged.

As used in this subsection, the term "economically disadvantaged" child means a child whose family income does not exceed 150 percent of the federal poverty level. Notwithstanding any change in a family's economic status, but subject to additional family contributions in accordance with the sliding fee scale, a child who meets the eligibility requirements upon initial registration for the program 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. 1003.21(1)(a)(2).

Fla. Stat. § 411.01(11): Notwithstanding any other provision of this section to the contrary, the first children to be placed in the school readiness program shall be those from families receiving temporary cash assistance and subject to federal work requirements. Subsequent placements shall be made in accordance with subsection (6).

Program Length/Duration:

VPK

Fla. Stat. §1002.55(2): Each school-year prekindergarten program delivered by a private prekindergarten provider must comprise at least 540 instructional hours.

Fla. Stat. §1002.61(2): Each summer prekindergarten program delivered by a public school or private prekindergarten provider must:

          (a) Comprise at least 300 instructional hours;…

Fla. Stat. §1002.63(2): Each school-year prekindergarten program delivered by a public school must comprise at least 540 instructional hours.

School Readiness Program

Fla. Stat. § 411.01(2)(b):  It is the intent of the Legislature that school readiness programs be operated on a full-day, year-round basis to the maximum extent possible to enable parents to work and become financially self-sufficient.

Fla. Stat. § 411.01(5)(b): . . . Within funding limitations, the early learning coalition, along with all providers, shall make reasonable efforts to accommodate the needs of children for extended-day and extended-year services without compromising the quality of the program.

Fla Stat. § 411.01(5)(c)(1)(b): The [school readiness] program must provide extended-day and extended year services to the maximum extent possible to meet the needs of parents who work.

Fla. Admin. Code Ann. § 60BB-4.100

. . . (11) Full-day. "Full-day" shall mean availability of a minimum of ten (10) hours of school readiness services per day, including day, night, weekend, and odd hour care.

(12) Full-time. "Full-time" (FT) means at least six (6) hours or greater and up to and including eleven (11) hours of care in a twenty-four (24) hour period.

. . . (15) Maximum extent possible. "Maximum extent possible" means reasonable efforts to accommodate the school readiness needs of children birth to kindergarten and families in greater than fifty (50%) percent of a coalition's school readiness programs.

Scope of State’s Responsibility to Provide Preschool:

VPK

Fla. Stat. § 1002.53

(1) There is created the Voluntary Prekindergarten Education Program. The program shall take effect in each county at the beginning of the 2005-2006 school year 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 the state who will have attained the age of 4 years…is eligible…

...(6)(b)…Each school district may limit the number of students admitted to any public school for enrollment in the 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. 1002.61.

School Readiness

Fla. Stat. § 411.01(2)(f):  It is the intent of the Legislature that the school readiness program coordinate and operate in conjunction with the district school systems. However, it is also the intent of the Legislature that the school readiness program not be construed as part of the system of free public schools but rather as a separate program for children under the age of kindergarten eligibility, funded separately from the system of free public schools, utilizing a mandatory sliding fee scale, and providing an integrated and seamless system of school readiness services for the state's birth-to-kindergarten population.

Fla. Stat. § 411.01(5)

. . . (b) Program participation. --The school readiness program shall be established for children from birth to the beginning of the school year for which a child is eligible for admission to kindergarten in a public school under s. 1003.21(1)(a)(2). . . . . Within funding limitations, the early learning coalition, along with all providers, shall make reasonable efforts to accommodate the needs of children for extended-day and extended-year services without compromising the quality of the program.

Scope of State's Responsibility to Fund Preschool:

VPK

Fla. Stat. § 1002.53

(6)(b)…Each school district may limit the number of students admitted to any public school for enrollment in the 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. 1002.61.

Fla. Stat. § 1002.71

(3)(a) The base student allocation per full-time equivalent student shall be provided in the General Appropriations Act and shall be equal for each student, regardless of whether the student is enrolled in a school-year prekindergarten program delivered by a private prekindergarten provider, a summer prekindergarten program delivered by a public school or private prekindergarten provider, or a school-year prekindergarten program delivered by a public school.

   (b) Each county’s allocation per full-time equivalent student in the Voluntary Prekindergarten Education Program shall be calculated annually by multiplying the base student allocation provided in the General Appropriations Act by the county’s district cost differential provided in s. 1011.62(2). Each private prekindergarten provider and public school shall be paid in accordance with the county’s allocation per full-time equivalent student.

…(5)(b) The Agency for Workforce Innovation shall adopt procedures for the payment of private prekindergarten providers and public schools…The procedures shall provide for the monthly distribution of funds by the Agency for Workforce Innovation to the early learning coalitions for payment by the coalitions to private prekindergarten providers and public schools.

…(8) Except as otherwise expressly authorized by law, a private prekindergarten provider or public school may not:

  (a) Require payment of a fee or charge for services provided for a child enrolled in the Voluntary Prekindergarten Education Program during a period reported for funding purposes; or

  (b) Require a child to enroll for, or require the payment of any fee or charge for, supplemental services as a condition of admitting a child for enrollment in the Voluntary Prekindergarten Education Program.

School Readiness

Fla. Stat. § 411.01(2)(e):  It is the intent of the Legislature that appropriations for combined school readiness programs shall not be less than the programs would receive in any fiscal year on an uncombined basis.

Fla. Stat. § 411.01(2)(f): . . . funded separately from the system of free public schools, utilizing a mandatory sliding fee scale . . . .

Source of Funding for Preschool Program:

VPK

Fla. Stat. § 1002.71(3)(a): The base student allocation per full-time equivalent student shall be provided in the General Appropriations Act…

2006 Budget Appropriations

89 Special Categories: Transfer Voluntary Prekindergarten Funds To Agency For Workforce Innovation From General Revenue Fund . . . . . . . . . . . . . . . . . . . . 388,100,000

Funds in Specific Appropriation 89 are provided for transfer to the Agency for Workforce Innovation to implement the Voluntary Prekindergarten Education Program as provided in sections 1002.51 through 1002.79, Florida Statutes, and shall be initially allocated to Early Learning Coalitions as indicated below. Pursuant to the provisions of section 1002.71(3)(a), Florida Statutes, the base student allocation per full-time equivalent student in the program for Fiscal Year 2006-2007 shall be $2,560. The allocation includes 5 percent in addition to the base student allocation to fund administrative and other program costs of the Early Learning Coalitions relating to the voluntary prekindergarten education program.

School Readiness

Fla. Stat. § 411.01(2)(g): It is the intent of the Legislature that the federal child care income tax credit be preserved for school readiness programs.

Fla. Stat. § 411.01(9)(d): All state, federal, and required local maintenance-of-effort or matching funds provided to an early learning coalition for purposes of this section shall be used by the coalition for implementation of its school readiness plan. . . .

Scope of Child's Right to Attend Preschool:

VPK

Fla. Stat. § 1002.53

(1) There is created the Voluntary Prekindergarten Education Program. The program shall take effect in each county at the beginning of the 2005-2006 school year 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 the state who will have attained the age of 4 years…is eligible…

…(6)(b)…Each school district may limit the number of students admitted to any public school for enrollment in the 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. 1002.61.

School Readiness

Fla. Stat. § 411.01(3):   This section does not:

  (a) Relieve parents and guardians of their own obligations to prepare their children for school; or

  (b) Create any obligation to provide publicly funded school readiness programs or services beyond those authorized by the Legislature.

Curriculum Content Standards for Preschool Program:

VPK

Fla. Stat. § 1002.67:

   (1) By April 1, 2005, the Department shall develop and adopt performance standards for students in the voluntary Prekindergarten Education Program. The performance standards must address the age-appropriate progress of students in the development of:

   (a) The capabilities, capacities, and skills required under s. 1(b), Art. IX of the State Constitution; and

   (b) Emerging literacy skills, including oral communication, knowledge of print and letters, phonemic and phonological awareness, and vocabulary and comprehension development.

   (2)(a) Each private prekindergarten provider and public school may select or design the curriculum that the provider or school uses to implement the Voluntary Prekindergarten Education Program, except as otherwise required for a provider or school that is placed on probation under paragraph (3)(c).

    (b) Each private prekindergarten provider's and public school's curriculum must be developmentally appropriate and must:

  1. Be designed to prepare a student for early literacy;
  2. Enhance the age-appropriate progress of students in attaining the performance standards adopted by the department under subsection (1); and
  3. Prepare students to be ready for kindergarten based upon the statewide kindergarten screening administered under s. 1002.69.

   (c) The department shall review and approve the curricula for use by private prekindergarten providers and public schools that are placed on probation under paragraph (3)(c). The department shall maintain a list of the curricula approved under this paragraph.

Florida’s Early Learning Standards

Sample:

V. Emergent Literacy

A. Emergent Reading

  1. Shows motivation for reading.
  2. Shows age-appropriate phonological awareness.
  3. Shows alphabetic knowledge.
  4. Shows understanding of text read aloud.

B. Emergent Writing

  1. Shows motivation to engage in written expression.
  2. Uses letter like shapes, symbols, and letters to convey meaning.
  3. Demonstrates age-appropriate ability to write letters.
  4. Shows knowledge of structure of written composition.

Voluntary Prekindergarten Education Program (VPK): Setting and Aligning Standards - Curricula Standards: An Overview and Recommendations

The Florida Center for Reading Research (FCRR) currently reviews prekindergarten curricula. Their review process:

  - determines alignment with current Scientifically-Based Reading Research (SBRR)

  - uses a set of "general instructional" evaluation criteria that is derived from the literature on teaching and learning

  - includes a review of age-appropriate instructional procedures and activities to support growth in the following areas …

  - includes a review of all related teacher and student materials.

Staff from the FCRR also have reviewed prekindergarten curricula utilizing the Curriculum Selection Guide that was created in collaboration with the Leon-Gadsden School Readiness Coalition and that:

- is based upon the principle that curricula that have higher levels of research support are higher quality than those that currently do not have such research support

- requires training for the curricula reviews and a process for reconciliation of reviewer comments

- provides for a "self-evaluation" of curricula for local coalitions and/or providers…

Recommendations – Approval of Curricula for Use by Providers Placed on Probation After Not Meeting Readiness Rates for Two Consecutive Years

1. The Department of Education shall create a process for approval of curricula for VPK providers placed on probation that includes a cycle for re-review/approval and the appropriate procedures for the submission of curricula by publishers

2. The Department of Education’s approval process for curricula shall utilize the standards used by FCRR, including the incorporation of the Early Learning Standards for Four-Year-Old Children.

3. The Department of Education shall provide information on "approved" VPK curricula prior to the 2006-07 school year.

School Readiness:

Fla. Stat. § 411.01(4)(d): The Agency for Workforce Innovation shall:

. . . 8. Develop and adopt performance standards and outcome measures for school readiness programs. The performance standards must address the age-appropriate progress of children in the development of the school readiness skills required under paragraph (j). The performance standards for children from birth to 3 years of age in school readiness programs must be integrated with the performance standards adopted by the Department of Education for children in the Voluntary Prekindergarten Education Program under s. 1002.67.

Fla. Stat. § 411.01(5)(c)(2): The early learning coalition must implement a comprehensive program of school readiness services that enhance the cognitive, social, and physical development of children to achieve the performance standards and outcome measures adopted by the Agency for Workforce Innovation. At a minimum, these programs must contain the following elements:

  1. Developmentally appropriate curriculum….
  2. A character development program to develop basic values….

Teacher Certification/Qualification Standards for Preschool Program:

VPK

Fla. Stat. §1002.55: School-year prekindergarten program delivered by private prekindergarten provider:

…(3)(c) The private prekindergarten provider must have, for each prekindergarten class, 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:

  1. A child development associate credential issued by the National Credentialing Program of the Council for Professional Recognition; or
  2. A credential approved by the Department of Children and Family Services as being equivalent to or greater than the credential described in sub-subparagraph a.…

     2. The prekindergarten instructor must successfully complete an emergent literacy training course approved by the department as meeting or exceeding the minimum standards adopted under s. 1002.59. …

       (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. 435.04 before employment and rescreened at least once every 5 years, must be denied employment or terminated if required under s. 435.06, and must not be ineligible to teach in a public school because his or her educator certificate is suspended or revoked.

Fla. Stat. §1002.61: Summer prekindergarten program delivered by public schools and private prekindergarten providers:

…(4) Notwithstanding ss. 1002.55(3)(c)(1) and 1002.63(5), each public school and private prekindergarten provider must have, for each prekindergarten class, at least one prekindergarten instructor who:

  1. Is a certified teacher; or
  2. Holds [a bachelor’s degree in early or elementary education]…

Fla. Stat. §1002.63 School-year prekindergarten program delivered by public schools:

…(5) Each public school must have, for each prekindergarten class, at least one prekindergarten instructor who meets each requirement in s. 1002.55(3)(c) for a prekindergarten instructor of a private prekindergarten provider.

(6) Each prekindergarten instructor employed by a public school must be of good moral character, must be screened using the level 2 screening standards in s. 435.04 before employment and rescreened at least once every 5 years, must be denied employment or terminated if required under s. 435.06, and must not be ineligible to teach in a public school because his or her educator certificate is suspended or revoked. This subsection does not supersede employment requirements for instructional personnel in public schools which are more stringent than the requirements of this subsection.

Fla. Stat. §1002.65 Professional credentials of prekindergarten instructors; aspirational goals; legislative intent.

(1) The Legislature recognizes that there is a strong relationship between the skills and preparation of prekindergarten instructors and the educational outcomes of students in the Voluntary Prekindergarten Education Program.

(2) To improve these educational outcomes, the Legislature intends that all prekindergarten instructors will continue to improve their skills and preparation through education and training, so that the following aspirational goals will be achieved:

(a) By the 2010-2011 school year:

   1. Each prekindergarten class will have at least one prekindergarten instructor who holds an associate's or higher degree in the field of early childhood education or child development; and

   2. For each prekindergarten class composed of 11 or more students, in addition to a prekindergarten instructor who meets the requirements of subparagraph 1., the class will have at least one prekindergarten instructor who meets the requirements of s. 1002.55(3)(c).

(b) By the 2013-2014 school year, each prekindergarten class will have at least one prekindergarten instructor who holds a bachelor's or higher degree in the field of early childhood education or child development.

School Readiness

Fla. Stat. § 411.01(5)(d)(4): The Agency for Workforce Innovation …must require each approved plan to include the following minimum standards and provisions:

…(c) Instructional staff who have completed the training course as required in s. 402.305(2)(d)(1), as well as staff who have additional training and credentials as required by the Agency for Workforce Innovation.

Other Quality Standards for Preschool Program:

VPK

Fla. Stat. §1002.55: School-year prekindergarten program delivered by private prekindergarten provider:

…(3)(a) The private prekindergarten provider must be a child care facility licensed under s. 402.305, family day care home licensed under s. 402.313, large family child care home licensed under s. 402.3131, nonpublic school exempt from licensure under s. 402.3025(2), or faith-based child care provider exempt from licensure under s. 402.316.

         (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, the Commission on International and Trans-Regional Accreditation, or the Florida Association of Academic Nonpublic Schools;
  •   2. Hold a current Gold Seal Quality Care designation under s. 402.281; or
  •   3. Be licensed under s. 402.305, s. 402.313, or s. 324 402.3131 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…

          (e) Each of the private prekindergarten provider's prekindergarten classes must be composed of at least 4 students but may not exceed 18 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 11 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). …

          (f) Before the beginning of the 2006-2007 school year, the private prekindergarten provider must have a prekindergarten director who has a prekindergarten director credential that is approved by the department as meeting or exceeding the minimum standards adopted under s. 1002.57. Successful completion of a child care facility director credential under s. 402.305(2)(f) before the establishment of the prekindergarten director credential under s. 1002.57 or July 1, 2006, whichever occurs later, satisfies the requirement for a prekindergarten director credential under this paragraph.

Fla. Stat. §1002.61: Summer prekindergarten program delivered by public schools and private prekindergarten providers:

…(3)(b) 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. 1002.55.

…(6)…each prekindergarten class in the summer prekindergarten program, regardless of whether the class is a public school's or private prekindergarten provider's class, must be composed of at least 4 students but may not exceed 10 students. In order to protect the health and safety of students, each public school or private prekindergarten provider must also provide appropriate adult supervision for students at all times.

...

Fla. Stat. §1002.63 School-year prekindergarten program delivered by public schools:

…(4) To be eligible to deliver the prekindergarten program during the school year, each school district must meet both of the following requirements:

  • (a) The district school board must certify to the State Board of Education that the school district:
  1. Has reduced the average class size in each classroom in accordance with s. 1003.03 and the schedule in s. 1(a), Art. IX of the State Constitution; and
  2. Has sufficient satisfactory educational facilities and capital outlay funds to continue reducing the average class size in each classroom in the district's elementary schools for each year in accordance with the schedule for class-size reduction…

…(7) Each prekindergarten class in a public school delivering the school-year prekindergarten program must be composed of at least 4 students but may not exceed 18 students. In order to protect the health and safety of students, each school must also provide appropriate adult supervision for students at all times and, for each prekindergarten class composed of 11 or more students, must have, in addition to a prekindergarten instructor who meets the requirements of s. 1002.55(3)(c), at least one adult prekindergarten instructor who is not required to meet those requirements but who must meet each requirement of subsection (6).

Fla. Stat. § 1003.03

(1) CONSTITUTIONAL CLASS SIZE MAXIMUMS.--Pursuant to s. 1, Art. IX of the State Constitution, beginning in the 2010-2011 school year:

(a) The maximum number of students assigned to each teacher who is teaching core-curricula courses in public school classrooms for prekindergarten through grade 3 may not exceed 18 students. …

(2) IMPLEMENTATION.--

(a) Beginning with the 2003-2004 fiscal year, each school district that is not in compliance with the maximums in subsection (1) shall reduce the average number of students per classroom in each of the following grade groupings: prekindergarten through grade 3, grade 4 through grade 8, and grade 9 through grade 12, by at least two students each year.

(b) Determination of the number of students per classroom in paragraph (a) shall be calculated as follows:

1. For fiscal years 2003-2004 through 2005-2006, the calculation for compliance for each of the 3 grade groupings shall be the average at the district level.

2. For fiscal years 2006-2007 through 2007-2008, the calculation for compliance for each of the 3 grade groupings shall be the average at the school level.

3. For fiscal years 2008-2009, 2009-2010, and thereafter, the calculation for compliance shall be at the individual classroom level.

4. For fiscal years 2006-2007 through 2009-2010 and thereafter, each teacher assigned to any classroom shall be included in the calculation for compliance. …

Note: Memorandum from John L. Winn, Commissioner, March 2, 2006 interpreted §1002.63(4) to allow school districts to offer the school-year VPK program in 2006-2007 based on 2005-2006 class size compliance for Pre-K – 3. The Commissioner certified sixty-six of the state’s sixty-seven school districts in compliance with the class size calculation and eligible to participate in the 2006-2007 school-year VPK program.

In 2006-2007, class size reduction was calculated at the school level, and 24 districts were found to have at least one school ineligible to offer VPK in 2007-2008 based on its inability to meet class size reduction requirements in 2006-2007. See Memorandum #07-11 from Jeanine Blomberg, Commissioner, March 19, 2007.

Fla. Admin. Code Ann. § 60BB-8.400

(1) Blended classes.

(a) A private provider or public school may organize a VPK class as a blended class, instructing children enrolled in the VPK program together with children not enrolled in the program.

(b) A blended class may include children of any age. A private provider or public school, however, may not organize a blended class in a multi-age arrangement that prevents the provider or school from implementing a developmentally appropriate curriculum in accordance with Section 1002.67(2)(b), F.S.

(2) Minimum class size. A VPK class must be composed of at least four children enrolled in the VPK program. …

(3) Maximum class size. A VPK class may not exceed 18 children for a school-year program or 10 children for a summer program. Children enrolled in the VPK program, and children not enrolled in the program, are both counted toward the 18-child or 10-child maximum class size. A VPK class may not exceed the maximum class size in enrollment or attendance on a particular day. …

School Readiness

Fla. Stat. § 411.01(5)(c)(1): The school readiness program must meet the following expectations:

. . . c. There must be coordinated staff development and teaching opportunities.

      d. There must be expanded access to community services and resources for families to help achieve economic self-sufficiency.

      e. There must be a single point of entry and unified waiting list…

      h. The program must meet all state licensing guidelines, where applicable.

Fla. Stat. § 411.01(5)(c)(2): The early learning coalition must implement a comprehensive program of school readiness services that enhance the cognitive, social, and physical development of children to achieve the performance standards and outcome measures adopted by the Agency for Workforce Innovation. At a minimum, these programs must contain the following elements:

. . . e. An appropriate staff-to-children ratio.

  1. A healthy and safe environment.
  2. A resource and referral network to assist parents in making an informed choice.

Delivery of Preschool Services:

VPK

Fla. Stat. §1002.55: School-year prekindergarten program delivered by private prekindergarten provider:

…(3)(a) The private prekindergarten provider must be a child care facility licensed under s. 402.305, family day care home licensed under s. 402.313, large family child care home licensed under s. 402.3131, nonpublic school exempt from licensure under s. 402.3025(2), or faith-based child care provider exempt from licensure under s. 402.316.

Fla. Stat. §1002.61: Summer prekindergarten program delivered by public schools and private prekindergarten providers:

...(3)(b) 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. 1002.55.

Fla. Stat. §1002.75: Agency for Workforce Innovation; powers and duties; operational requirements.--

...(2)(c) Registering private prekindergarten providers and public schools to deliver the program…

       (d) Determining the eligibility of private prekindergarten providers to deliver the program  …

       (e) Verifying the compliance of private prekindergarten providers and public schools and removing providers or schools from eligibility to deliver the program due to noncompliance or misconduct as provided in s. 1002.67.

       (f) Paying private prekindergarten providers and public schools under s. 1002.71.

       (g) Documenting and certifying student enrollment and student attendance under s. 1002.71.

       (h) Reconciling advance payments in accordance with the uniform attendance policy under s. 1002.71.

Fla. Stat. § 411.01(5)(a)(6): Each early learning coalition must include the following members:

a. A Department of Children and Family Services district administrator [or designee]

b. A district superintendent of schools [or designee] who shall be a nonvoting member.

c. A regional workforce development board executive chair [or designee]

d. A county health department director [or designee]

e. A children's services council or juvenile welfare board chair or executive director, if applicable, who shall be a nonvoting member if the council or board is the fiscal agent of the coalition or if the council or board contracts with and receives funds from the coalition.

f. An agency head of a local child care licensing agency…

g. A president of a community college [or designee]

h. One member appointed by a board of county commissioners.

i. A central child care agency administrator, where applicable, who shall be a nonvoting member.

j. A Head Start director, who shall be a nonvoting member.

k. A representative of private child care providers, including family day care homes, who shall be a nonvoting member.

l. A representative of faith-based child care providers, who shall be a nonvoting member.

m. A representative of programs for children with disabilities under the federal Individuals with Disabilities Education Act, who shall be a nonvoting member.

(7)…more than one-third of the members must be private-sector business members who do not have …a substantial financial interest in the design or delivery of the Voluntary Prekindergarten Education Program…or the coalition’s school readiness program.

School Readiness

Fla. Stat. § 411.01(5)(d)(4): The plan for the school readiness program must include the following minimum standards and provisions:

. . . (b) A choice of settings and locations in licensed, registered, religious- exempt, or school-based programs to be provided to parents

Fla. Stat. § 411.01(5)(d)(8): Two or more counties may join for the purpose of planning and implementing a school readiness program.

Requirements for Student Assessment and Program Evaluation:

VPK

Fla. Stat. §1002.69: Statewide kindergarten screening; kindergarten readiness rates.

(1) The department shall adopt a statewide kindergarten screening that assesses the readiness of each student for kindergarten based upon the performance standards adopted by the department under s. 1002.67(1) for the Voluntary Prekindergarten Education Program. The department shall require that each school district administer the statewide kindergarten screening to each kindergarten student in the school district within the first 30 school days of each school year.

(2) The statewide kindergarten screening shall provide objective data concerning each student's readiness for kindergarten and progress in attaining the performance standards adopted by the department under s. 1002.67(1).

…(5) The State Board of Education shall adopt procedures for the department to annually calculate each private prekindergarten provider's and public school's kindergarten readiness rate, which must be expressed as the percentage of the provider's or school's students who are assessed as ready for kindergarten. The kindergarten readiness rates must be based exclusively upon the results of the statewide kindergarten screening for students completing the Voluntary Prekindergarten Education Program…

(6)(a) The State Board of Education shall periodically adopt a minimum kindergarten readiness rate that, if achieved by a private prekindergarten provider or public school, would demonstrate the provider's or school's satisfactory delivery of the Voluntary Prekindergarten Education Program.

Fla. Stat. §1002.67(3)(c)2.: If a private prekindergarten provider or public school fails to meet the minimum rate adopted by the State Board of Education as satisfactory under s. 1002.69(6) for 2 consecutive years, the early learning coalition or school district, as applicable, shall place the provider or school on probation and must require the provider or school to take certain corrective actions, including the use of a curriculum approved by the department under paragraph (2)(c).

Fla. Stat. §1002.71: Funding; financial and attendance reporting

…(6)(b)(3). The private prekindergarten provider or public school must keep each original [attendance] signed form for at least 2 years. Each private prekindergarten provider must permit the early learning coalition, and each public school must permit the school district, to inspect the original signed forms during normal business hours. The Agency for Workforce Innovation shall adopt procedures for early learning coalitions and school districts to review the original signed forms against the certified student attendance. The review procedures shall provide for the use of selective inspection techniques, including, but not limited to, random sampling.

Fla. Stat. § 411.01(4)(l): The Agency for Workforce Innovation shall monitor and evaluate the performance of each early learning coalition in administering the school readiness program, implementing the coalition’s school readiness plan, and administering the Voluntary Prekindergarten Education Program. These monitoring and performance evaluations must include, at a minimum, onsite monitoring of each coalition’s finances, management, operations, and programs.

School Readiness

Fla. Stat. § 411.01(4)(l): The Agency for Workforce Innovation shall monitor and evaluate the performance of each early learning coalition in administering the school readiness program, implementing the coalition’s school readiness plan, and administering the Voluntary Prekindergarten Education Program. These monitoring and performance evaluations must include, at a minimum, onsite monitoring of each coalition’s finances, management, operations, and programs.

Fla. Stat. § 411.01(5)(g): Each early learning coalition shall conduct an evaluation of the effectiveness of the school readiness program, including performance standards and outcome measures, and shall provide an annual report and fiscal statement to Agency for Workforce Innovation.


Table of Contents
State Preschool Program
   

Overview

State Policy

Eligibility Criteria

Program Length/Duration

Funding

Quality Standards

Delivery of Preschool Services

Requirements for Student Assessment and Program Evaluation

Legal Framework
   

Education Clause in State Constitution

Summary of Case Law on School Finance System

Summary of Case Law on Preschool

Constitutional Provisions on Public Education
Case Law Digest
   

Is Education a Fundamental Right?

School Finance Cases in Favor of Plaintiffs

Standard for a Constitutionally Adequate Education

School Finance Cases against Plaintiffs

Decisions Ruling School Finance Issues Were Non-Justiciable

Cases Relating to State-Funded Preschool

Pending School Finance Cases

Statutes, Regulations and Guidance Documents
   

Provisions Expressing State Policy on Preschool

Eligibility Criteria

Program Length/Duration

Scope of State's Responsibility to Provide Preschool

Scope of State's Responsibility to Fund Preschool

Source of Funding for Preschool Program

Scope of Child's Right to Attend Preschool

Curriculum Content Standards

Teacher Certification/ Qualification Standards

Other Quality Standards

Delivery of Preschool Services

Requirements for Student Assessment and Program Evaluation

Starting at 3, a project of Education Law Center, is supported by a grant from The Pew Charitable Trusts