HOUSE OF REPRESENTATIVES STAFF ANALYSIS
BILL #:        CS/CS/CS/HB 1199 Funding for School Readiness Program
SPONSOR(S): Appropriations Committee, Early Learning & Elementary Education Subcommittee, PreK-12
Appropriations Subcommittee, Grall
TIED BILLS: None IDEN./SIM. BILLS: None
    REFERENCE                                                   ACTION                  ANALYST            STAFF DIRECTOR or
                                                                                                           BUDGET/POLICY CHIEF
    1) PreK-12 Appropriations Subcommittee                      13 Y, 0 N, As CS        Bailey             Potvin
    2) Early Learning & Elementary Education                    16 Y, 0 N, As CS        Wolff              Brink
       Subcommittee
    3) Appropriations Committee                                 24 Y, 0 N, As CS        Potvin             Pridgeon
                                              SUMMARY ANALYSIS
Current law authorizes the Division of Early Learning (DEL) in the Department of Education (DOE) as the lead
administrator for federal and state child care funds. The DEL is responsible for developing, adopting, and
implementing quality standards and outcome measures that benefit and improve Florida’s comprehensive early
childhood care and education system. One of the three main early learning programs that the DEL oversees is
the School Readiness (SR) program. The DEL administers the SR program at the state level and early
learning coalitions (ELC) and the Redlands Christian Migrant Association administer the program at the county
and regional levels. The SR program provides subsidies for child care services and early childhood education
for children of low-income families; children in protective services who are at risk of abuse, neglect,
abandonment, or homelessness; foster children; and children with disabilities.
Funding for the SR program comes from four sources:
    Federal Child Care and Development Block Grant.
    Federal Temporary Assistance for Needy Families Block Grant.
    Federal Social Services Block Grant.
    State General Revenue Fund.
The Legislature annually appropriates the SR program funds to the early learning coalitions and the Redlands
Christian Migrant Association with eligible school readiness providers receiving their funding primarily from
reimbursements from the coalitions and tuition payments by participating families.
The bill establishes a methodology for allocating the SR program funds to each ELC if the annual allocation is
not determined in the General Appropriations Act (GAA) or the substantive bill implementing the GAA. The bill
creates three new allocations, subject to legislative appropriations, for eligible SR providers to include:
     Gold Seal Quality Care Program allocation.
     Differential payment program allocation.
     Special needs differential allocation.
The bill establishes a distribution methodology for the ELCs to allocate SR program funds to eligible SR
providers. The bill requires the principals of the Early Learning Programs Estimating Conference to adopt the
official cost of care information and provide this information to the Legislature at least 90 days before the
scheduled annual legislative session.
The bill does not have a fiscal impact. See Fiscal Comments.
The bill has an effective date of July 1, 2022.
This docum ent does not reflect the intent or official position of the bill sponsor or House of Representatives .
STORAGE NAME: h1199e.APC
DATE: 2/22/2022
                                                        FULL ANALYSIS
                                                I. SUBSTANTIVE ANALYSIS
    A. EFFECT OF PROPOSED CHANGES:
         Present Situation
         School Readiness Program
                 Overview
         The Division of Early Learning (DEL) within the Department of Education (DOE) is the lead
         administrator for federal and state child care funds and is responsible for developing, adopting, and
         implementing quality standards and outcome measures that benefit and improve Florida’s
         comprehensive early childhood care and education system. 1 The DEL partners with 30 local early
         learning coalitions 2 (ELC) and the Redlands Christian Migrant Association to deliver comprehensive
         early childhood care and education services statewide. One of the three main early learning programs
         that the DEL oversees is the School Readiness (SR) program.
         Established in 1999,3 the SR program provides subsidies for child care services and early childhood
         education for children of low-income families; children in protective services who are at risk of abuse,
         neglect, abandonment, or homelessness; foster children; and children with disabilities. 4 The SR
         program offers financial assistance for child care to these families while supporting children in the
         development of skills for success in school. Additionally, the program provides developmental
         screenings and referrals to health and education specialists where needed. These services are
         provided in conjunction with other programs for young children such as Head Start, Early Head Start,
         Migrant Head Start, Child Care Resource and Referral and the Voluntary Prekindergarten Program. 5
        The DEL administers the program at the state level and early learning coalitions administer the SR
        program at the county and regional levels. The program’s two main goals are to help families become
        financially self-sufficient and to help each child from a qualifying family develop school readiness skills.
        These skills are measured by standards and outcomes adopted by the DEL as well as statewide
        screening of kindergarten students.6
         Federal regulations governing the Child Care and Development Block Grant, the primary funding
         source for the SR program, authorize states to use grant funds for child care services, if: 7
             the child is under 13 years of age, or at the state’s option, under age 19 if the child is physically
                or mentally incapable of caring for himself or herself or under court supervision;
             the child’ family income does not exceed 185 percent of the state’s median income for a family
                of the same size; and
             the child:
                     o resides with a parent or parents who work or attend job training or educational
                        programs; or
                     o receives, or needs to receive, protective services.
1 Florida Department of Education, Division of Early Learning Annual Report for Fiscal Year 2020-2021, Improving Program
Quality, p. 12, available at
http://www.floridaearlylearning.com/ Content/Uploads/floridaearlylearn ing.com/ files/DEL_Annual_Report_2020-
21_FINAL_ADA.pdf [hereinafter Improving Program Quality].
2 Section 1002.83, F. S.
3 Section 1, ch. 99-357, L.O.F.
4 Sections 1002.81 and 1002.87, F.S.
5 Division of Early Learning, School Readiness Program, http://www.floridaearlylearning.co m/school-readiness (last visited Jan. 31,
2022).
6 Improving Program Quality at 22, supra, note 1.
7 See 45 C.F.R. s. 98.20(a).
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        Student enrollment in the SR program for the 2020-2021 school year, the most recent year data, was
        209,801 as follows:8
                              Age Group              Enrollments     Percentage of
                                                                     Total
                                                                     Enrollments
                              Infants                        7,588               4%
                              Toddlers                      19,561               9%
                              2-Year Olds                   26,515              13%
                              3-Year Olds                   31,029              15%
                              4-Year Olds                   31,317              15%
                              5-Year Olds                   19,893               9%
                              School Age                    73,637              35%
                              Special Needs                    261               0%
                              TOTAL                        209,801             100%
                 School Readiness Providers
        In order to be eligible to provide the SR program, a provider must be: 9
              a licensed child care facility;
              a licensed or registered family day care home;
              a licensed large family day care home;
              a public school or nonpublic school;
              a license-exempt faith-based child care provider;
              a before-school or after-school program; or
              an informal child care provider authorized in the state’s Child Care and Development Fund
                plan.
        For Fiscal Year 2020-2021, there was a total of 6,760 providers offering the SR program with the
        following breakdown:10
                   Provider Type*                              Enrollments Percentage
                                                                            of Total
                                                                            Enrollments
                 Licensed Private                                     4,623          68%
                 Licensed/Registered Family Child Care                  991          15%
                 Home
                 Licensed Large Family Day Care Home                   304              5%
                 Public/Nonpublic School                               632              9%
                 License-exempt                                        210              3%
                 TOTAL                                               6,760            100%
        *No informal providers served SR children during Fiscal Year 2020-2021.
                 School Readiness Funding
        Funding for the SR program comes from four sources:11
            Federal Child Care and Development Block Grant.
            Federal Temporary Assistance for Needy Families Block Grant.
            Federal Social Services Block Grant.
            State General Revenue Fund.
8 Improving Program Quality at 20, supra, note 1.
9 Section 1002.88(1)(a), F.S.
10 Improving Program Quality at 20, supra, note 1.
11 Id. at 18.
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         The Legislature appropriates the SR program funds to the early learning coalitions and the Redlands
         Christian Migrant Association, with participating providers receiving their funding primarily from
         reimbursements from the coalitions and tuition payments by participating families. 12 The ELCs
         reimburse eligible school readiness providers with appropriated funds for each eligible child, either
         through child care certificates provided by parents or through contracted slots. 13 The reimbursement
         and co-payment amounts are determined locally by the early learning coalition, subject to approval by
         the DEL. Any additional amount a parent must pay is based on the difference between the provider’s
         tuition rate and the sum of the reimbursement rate and required parent co-payment. Reimbursement
         amounts vary based on provider type and level of care, and co-payments are determined by the ELCs
         using a sliding fee scale.14
                 School Readiness Market Rate
         The Code of Regulations (C.F.R.) 45 Part 98 requires states receiving the Child Care and Development
         Block Grant to ensure equal access to child care by setting a fair market rate every two years. 15
         Current law defines the “market rate” to mean the price that a child care or early childhood education
         provider charges for full-time or part-time daily, weekly, or monthly child care or early childhood
         education services.16 The DOE is statutorily required to approve a market rate schedule until an
         alternative model has been approved by the federal Administration of Children and Families. 17
         Based in part on recommendations by the Office of Child Care within the federal Department of Health
         and Human Services, the DOE calculates the average market rate and the 75 th percentile market rate,
         referred to as the prevailing market rate,18 for each county to help the early learning coalitions
         determine provider reimbursement rates.19 Market rates are established for the different provider types
         and different levels of care for each county.20
         To calculate the market rates, the DEL sorts provider private pay rates for a given level of care within
         the county from highest to lowest, calculates the average market rate, and identifies the 75 th percentile
         pay rate. Although there is no minimum threshold for provider reimbursement rates in law, the early
         learning coalitions must consider the market rate schedule in determining its own minimum
         reimbursement rates, which must be approved by the DEL. 21 In addition, a provider may receive
         additional funding above the minimum reimbursement rate if it qualifies for any of the following quality-
         based differentials:22
              Up to an additional 20 percent for Gold Seal Quality Care status.
              Up to an additional 10 percent for achieving certain CLASS scores identified in rule (also known
                 as the quality performance incentive).
              An additional 5 percent for participating in a DEL-approved child assessment tool.
             Gold Seal Quality Care Program
        In 1996, the Legislature establishes the Gold Seal Quality Care program to recognize child care
        facilities and family day care homes that have gone above the required minimum licensing standards to
        become accredited by recognized agencies whose standards reflect quality in the level of care and
12 Sections 1002.84(8) and 1002.89, F.S.; Specific Appropriation 83, section 2, ch. 2021-36, L.O.F.
13 See rule 6M-4.500(1), F.A.C.
14 Section 1002.895(4), F.S.; rules 6M-4.400(2) and 6M-4.500(1), F.A.C.
15 See 45 C.F.R. § 98.45(a) and (c). Alternatively, states may set payment rates using an alternative methodology approved by the
federal Administration for Children and Families.
16 Section 1002.81(10), F.S.
17 Section 1002.895(1), F.S.
18 Section 1002.81(12), F.S.
19 Section 1002.895(4), F.S.
20 Section 1002.895(2)(a) and (b), F.S.
21 See s. 1002.82(2)(o), F.S.; rule 6M-4.500(9), (10), and (11), F.A.C.
22 See s. 1002.82(2)(o), F.S.; rule 6M-4.500(9), (10), and (11), F.A.C.
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DATE: 2/22/2022
           supervision provided to children23. The Gold Seal Quality Care program is not an accreditation but a
           designation with potential benefits to those that participate including, but no limited to: 24
               A positive marketing tool for prospective parents.
               Tax exemptions – the Department of Revenue issues the exemption certificates for sales tax.
                  This exemption is for certain educational materials. Each county property appraiser processes
                  the application and issues the property tax exemption.
               Higher reimbursement for SR providers.
               Eligibility to participate in Voluntary Prekindergarten.
           Participation in this program is voluntary and is available to all SR providers that meet the definition of
           child care with the exception of certain licensed-exempt school-age programs identified in chapter 65C-
           22.008(3), Florida Administrative Code.
           In order to be approved by the DOE for participation in the Gold Seal Quality Care program, an
           accrediting association must apply to the DOE and demonstrate that it: 25
                Is a recognized accrediting association.
                Has accrediting standards that substantially meet or exceed the Gold Seal Quality Care
                   standards adopted by the State Board of Education.
                Is a registered corporation with the Department of State.
                Can provide evidence that the process for accreditation has, at a minimum, all of the following
                   components:
                       o Clearly defined prerequisites that a child care provider must meet before beginning the
                           accreditation process.
                       o Procedures for completion of a self-study and comprehensive onsite verification process
                           for each classroom that documents compliance with accreditation.
                       o A training process for accreditation verifiers to ensure inter-rater reliability.
                       o Ongoing compliance procedures.
                       o Procedures for the revocation of accreditation due to failure to maintain accrediting
                           standards.
                       o Accreditation renewal procedures that include an onsite verification occurring at least
                           every 5 year.
                       o A process to communicate issues that arise during the accreditation period with
                           governmental entities that have a vested interest in the Gold Seal Quality Care program.
           For a SR provider that has achieved Gold Seal Quality Care status, current statute authorizes that the
           provider receive a minimum of a 20 percent rate differential for each enrolled SR child by care level and
           unit of child care.26
               Differential Payment Program
           In 2018, the Legislature established the differential payment program and required the program to be
           implemented no later than July 1, 2019.27 The differential payment program is based on the quality
           measures adopted by the DOE an