The Florida Senate
                  BILL ANALYSIS AND FISCAL IMPACT STATEMENT
              (This document is based on the provisions contained in the legislation as of the latest date listed below.)
                     Prepared By: The Professional Staff of the Committee on Education Pre-K -12
BILL:           SB 916
INTRODUCER:     Senators Calatayud and Perry
SUBJECT:        School Readiness Program
DATE:           January 16, 2024                REVISED:
           ANALYST                    STAFF DIRECTOR                 REFERENCE                                 ACTION
1. Sabitsch                         Bouck                                 ED              Favorable
2.                                                                       AED
3.                                                                        FP
  I.    Summary:
        SB 916 revises the School Readiness (SR) program concerning eligibility, funding and program
        plans. Specifically, the bill:
         Modifies the definition of “economically disadvantaged” to use state median income, rather
            than the federal poverty level when determining program eligibility and for reporting
            requirements.
         Provides a schedule for copayments for parents whose children attend the SR program based
            on the state median income.
         Modifies the methodology to determine the distribution of funds to early learning coalitions
            using the provider cost of care or reimbursement rates established by the Early Learning
            Programs Estimating Conference.
         Requires the principals of the Early Learning Programs Estimating Conference to provide
            reimbursement rates based on specified information, but removes the deadline by which
            official cost-of-care information must be provided to the legislature.
         Removes certain expenditure provisions related to the Gold Seal Quality Care Program, the
            Differential Payment Program, and the special needs differential.
        The bill takes effect on July 1, 2024.
 II.    Present Situation:
        School Readiness Program
        Overview
        Florida’s School Readiness (SR) program offers low-income families financial assistance to
        facilitate access to high-quality child care and early education for their children while parents
        work or participate in job training. The Division of Early Learning (DEL), under the Department
        of Education (DOE), administers the program at the state level while early learning coalitions
BILL:   SB 916                                                                                               Page 2
         (ELCs) administer the SR program at the county and regional levels. Funding comes from four
         sources including, the Child Care and Development Block Grant, the Temporary Assistance for
         Needy Families Block Grant, the Social Services Block Grant, and the State of Florida.1
         The program's two main goals are to help families become financially self-sufficient and help
         each child from a qualifying family develop school readiness skills. The program gives children
         access to a quality early learning environment and supports parents with information about child
         development and family engagement. The quality environment of each SR provider is measured
         by the administration of a widely recognized tool that assesses the interactions between adults
         and children in the classroom.2
         In FY 2022-23, there were 209,986 children participating in the SR program at 6,790 early
         learning providers. Total expenditures were $954 million, which included $33 million in
         administrative expenses, $55 million in non-direct services expenditures, and $162 million in
         quality expenditures.3
         School Readiness Definitions
         Florida statute defines “economically disadvantaged” as having a family income that does not
         exceed 150 percent of the federal poverty level and includes being a child of a working
         migratory family as defined by 34 C.F.R. s. 200.81(d) or (f) or an agricultural worker who is
         employed by more than one agricultural employer during the course of a year, and whose income
         varies according to weather conditions and market stability.4 The definition is used to determine
         eligibility for and priority status in the SR program.
         School Readiness Funding
         Each ELC is required to establish a parent sliding fee scale that provides for a parent copayment
         that is not a barrier to families receiving SR program services. Coalitions may waive copayments
         for at-risk children or temporarily waive the copayment children whose family income is at or
         below the federal poverty level. Coalitions may also waive copayments for a child whose family
         experiences a natural disaster or an event that limits the parent’s ability to pay including:5
          Incarceration;
          Placement in residential treatment;
          Becoming homeless;
          An emergency situation such as a household fire or burglary; or
          While the parent is participating in parenting classes or participating in an Early Head Start
             program or Head Start Program.
1
  Florida Department of Education, Division of Early Learning 2022-2023 Annual Report (2023), available at
https://www.fldoe.org/core/fileparse.php/20628/urlt/2223-DEL-AnnualReport.pdf.
2
  Id.
3
  Id.
4
  Section 1002.81(6), F.S.
5
  Section 1002.84.(9), F.S.
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         A parent may not transfer SR program services to another school readiness program provider
         until the parent has submitted documentation from the current provider to the ELC stating that
         the parent has satisfactorily fulfilled the copayment obligation.6
         Each ELC is required to distribute the SR program funds as allocated in the General
         Appropriations Act (GAA) to the eligible providers using the following methodology:7
          For each county in the ELC, multiply the cost of care by care level as provided in s. 1002.90
            by the county’s comparable wage factor provided in the Florida Education Finance Program
            under s. 1011.62(2).
          If a county enacted a local ordinance before January 1, 2022, that establishes the county’s
            staff-to-children ratio for licensed child care facilities below the ratio established in s.
            402.305(4), multiply the provider reimbursement rates for that county by the adjustment
            factor specified in the GAA.
          Apply the weight established pursuant to s. 1002.90 for each provider type to calculate the
            minimum provider reimbursement rates by care level.
          Multiply the weighted provider reimbursement rates by 22 percent to determine the amount
            of the school readiness allocation an ELC is eligible to retain pursuant to s. 1002.89(4).8
         Each ELC must distribute to each eligible provider the minimum provider reimbursement rate,
         by provider type and care level, regardless of the provider’s private pay rate. All minimum
         provider reimbursement rates are considered as direct services.9 Each ELC with approved
         minimum provider reimbursement rates for the infant to age 5 care levels that are higher than the
         minimum provider reimbursement rates established in statute are allowed to continue to
         implement the previously approved minimum provider reimbursement rates until the rates
         established by the state exceed the ELC’s approved rates.10However, since the official cost of
         care rates have not been established under s. 1002.90, F.S., ELCs have continued to reimburse
         SR providers at the rates that were approved prior to the 2022 legislation.11
         The funding for the SR program is required in accordance with s. 1002.89, F.S. and the GAA.
         However, if the annual allocation for the SR program is not determined in the GAA or
         implementing bill, the allocation is required as follows:12
          For each county in the ELC, the total SR eligible population, as adopted by the Early
            Learning Programs Estimating Conference pursuant to s. 216.136(8), is to be multiplied by
            the county’s comparable wage factor provided in s. 1011.62(2).
          If a county passed a local ordinance before January 1, 2022, that establishes the county’s
            staff-to-children ratio for licensed child care facilities below the ratio established in s.
            402.305(4), multiply the calculated total school readiness eligible population by the
            adjustment factor specified in the GAA.
          Each county’s school readiness allocation will be based on the county’s proportionate share
            of the total adjusted eligible school readiness population.
6
  Section 1002.84.(9), F.S.
7
  Section 1002.84(17), F.S.
8
  Section 1002.84(17), F.S.
9
  Section 1002.89, F.S.
10
   Id.
11
   Chapter 2022-154, s. 26, Laws of Fla.
12
   Section 1002.89(1)(a), F.S.
BILL:   SB 916                                                                                                          Page 4
         Gold Seal Quality Care Program Allocation.
         The Gold Seal Quality Care Program allocation provides eligible SR program providers the
         established rate differential13 . Subject to legislative appropriation, all expenditures from the
         Gold Seal Quality Care Program allocation are required to be used by the DOE to help meet
         federal targeted requirements for improving quality to the extent allowable in the state’s
         approved Child Care and Development Fund Plan.14
         Differential Payment Program Allocation.
         The differential payment program allocation provides eligible SR program providers the
         differential pay15 established by the DOE. Subject to legislative appropriation, all expenditures
         from the differential payment program allocation will be used by the DOE to help meet federal
         targeted requirements for improving quality to the extent allowable in the state’s approved Child
         Care and Development Fund Plan.16
         Special Needs Differential Allocation.
         The special needs differential allocation provides assistance to eligible SR program providers to
         implement the special needs rate provisions defined in the state’s approved Child Care and
         Development Fund Plan. Subject to legislative appropriation, each early learning coalition will
         be reimbursed based on actual expenditures. All expenditures from the special needs differential
         allocation shall be used by the department to help meet federal targeted requirements for
         improving quality to the extent allowable in the state’s approved plan.17
         All state, federal, and local matching funds provided to an ELC are to be used for
         implementation of its approved SR program plan, including the hiring of staff to effectively
         operate the SR program.18
         Costs for the SR program must be kept to the minimum necessary for the efficient and effective
         administration of the SR program with the highest priority of expenditure being direct services
         for eligible children. No more than 5 percent of the funds allocated in the general appropriations
         act may be used for administrative costs and no more than 22 percent of the funds allocated may
         be used in any fiscal year for any combination of administrative costs, quality activities, and
         nondirect services.19
13
   A child care facility licensed under s. 402.305 or a child care facility exempt from licensing pursuant to s. 402.316 which
achieves Gold Seal Quality status under this section and which participates in the school readiness program shall receive a
minimum of a 20 percent rate differential for each enrolled school readiness child by care level and unit of child care. Section
1002.945(6), F.S.
14
   Section 1002.89(1)(b), F.S.
15
   No later than July 1, 2019, the DOE was required to develop a differential payment program based on a program
assessment for school readiness program providers that measures the quality of teacher-child interactions, including
emotional and behavioral support, engaged support for learning, classroom organization, and instructional support for
children ages birth to 5 years.). The differential payment may not exceed a total of 15 percent for each care level and unit of
child care for a child care provider. Section 1002.82(2)(o), F.S.
16
   Section 1002.89(1)(c), F.S.
17
   Section 1002.89(1)(d), F.S.
18
   Section 1002.89(3), F.S.
19
   Section 1002.89(4), F.S.
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         Non-direct services include:20
          Administrative costs as described in 45 C.F.R. s. 98.54.
          Activities to improve the quality of child care as described in 45 C.F.R. s. 98.53, limited to
            the following:
          Developing, establishing, expanding, operating, and coordinating resource and referral
            programs.
          Awarding grants and providing financial support to school readiness program providers and
            their staff to assist them in meeting applicable state requirements for the program assessment,
            child care performance standards, implementing developmentally appropriate curricula and
            related classroom resources that support curricula, providing literacy supports, and providing
            continued professional development and training.
          Providing training, technical assistance, and financial support to school readiness program
            providers, staff, and parents on standards, child screenings, child assessments, child
            development research and best practices, developmentally appropriate curricula, character
            development, teacher-child interactions, age-appropriate discipline practices, health and
            safety, nutrition, first aid, cardiopulmonary resuscitation, the recognition of communicable
            diseases, and child abuse detection, prevention, and reporting.
          Providing adequate funding for infants and toddlers as necessary to meet federal
            requirements related to expenditures for quality activities for infant and toddler care.
          Improving the monitoring of compliance with, and enforcement of, applicable state and local
            requirements as described in and limited by 45 C.F.R. s. 98.40.
          Responding to Warm-Line requests by providers and parents, including providing
            developmental and health screenings to school readiness program children.21
         Florida statutes limit the use of funds appropriated for the SR program by prohibiting
         expenditures for the following:22
              Purchase or improvement of land.
              Purchase, construction, or permanent improvement of any building or facility.
              Purchase of buses.
         However, funds may be used for minor remodeling and upgrading of child care facilities which
         is necessary for the administration of the program and to ensure that providers meet state and
         local child care standards, including applicable health and safety requirements.23
         Annually, the principals of the Early Learning Programs Estimating Conference, established in
         statute,24 must develop official cost-of-care information based on actual school readiness direct
         services program expenditures and information provided in the market rates schedule that is
         required in statute.25 Conference principals are requires to agree on the cost of child care by care
         level and provider type, the provider type weights, and the methods of computation. The DOE is
         required to provide the conference principals with all requested and necessary data to develop the
20
   Section 1002.89(4), F.S.
21
   Id.
22
   Sction 1002.89(5), F.S.
23
   Id.
24
   Section 216.136(8), F.S.
25
   Section 1002.895, F.S.
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         cost-of-care information. The Early Learning Programs Estimating Conference is required to
         provide the official cost-of-care information to the Legislature at least 90 days before the
         scheduled annual legislative session.26 However the most recent information from the Early
         Learning Programs Estimating Conference is from 200427 and the cost-of-care calculation has
         yet to be implemented, so ELCs have continued to reimburse SR providers at established rates.
         Early Learning Coalition Plans
         The DOE is required to adopt rules regarding the content and format for the ELC SR program
         plans that are required to be submitted to the DOE biennially for approval prior to expenditure of
         funds. Each ELC plan is required to include, but is not limited to, the following:28
          The ELC’s operations.
          The ELC’s procedures for implementing program requirements.
          A detailed description of the ELC’s quality activities and services.
          A detailed budget.
          A detailed accounting of all revenues and expenditures during the previous state fiscal year.
          Updated policies and procedures.
          A description of the procedures for monitoring school readiness program providers.
          Documentation that the ELC has solicited and considered comments regarding the proposed
             school readiness program plan from the local community.
          An assessment of local priorities within the county or multicounty region based on the needs
             of families and provider capacity using available community data.
         The DOE is required to collect and report data on ELC delivery of early learning programs.
         Elements are r