HOUSE OF REPRESENTATIVES STAFF ANALYSIS
BILL #: CS/CS/HB 419 Early Learning and Early Grade Success
SPONSOR(S): Education & Employment Committee, PreK-12 Appropriations Subcommittee, Grall and others
TIED BILLS: None IDEN./SIM. BILLS: SB 1282
REFERENCE ACTION ANALYST STAFF DIRECTOR or
BUDGET/POLICY CHIEF
1) Early Learning & Elementary Education 16 Y, 0 N Guy Brink
Subcommittee
2) Children, Families & Seniors Subcommittee 17 Y, 0 N Rahming Brazzell
3) PreK-12 Appropriations Subcommittee 15 Y, 0 N, As Bailey Potvin
CS
4) Education & Employment Committee 20 Y, 1 N, As Guy Hassell
CS
SUMMARY ANALYSIS
The Florida Office of Early Learning (OEL) is responsible for overseeing statewide implementation of the School
Readiness and Voluntary Prekindergarten Education (VPK) early learning programs. Although situated within the
Department of Education (DOE) and accountable to the Commissioner of Education, the OEL and its executive
director have independent authority to exercise all powers, duties, and functions prescribed by law and adopt rules.
The bill revises the statewide governance of early learning programs by:
 repealing the OEL and its executive director and establishing a Division of Early Learning within the DOE,
thereby placing the responsibility for overseeing the VPK and School Readiness programs, including
rulemaking authority, with the State Board of Education (SBE);
 providing a type two transfer of the Gold Seal Quality Care Program from the Department of Children and
Families to the DOE;
 repealing the Child Care Executive Partnership and establishing the Council for Early Grades Success; and
 subjecting Early Learning Coalitions (ELCs) to the SBE’s oversight enforcement authority.
The bill also revises the composition of ELC membership, reduces the maximum allowable number of ELCs from 31
to 30, and provides the DOE with authority to merge ELCs in certain circumstances.
The bill establishes a timeline for phasing in a new VPK accountability system based on a performance metric that
includes student outcomes, learning gains, and observations of child-teacher interactions. The bill requires the
Commissioner of Education to develop a coordinated screening and progress monitoring program for VPK through
grade 3 students that provides the outcomes and learning gains data for the VPK performance metric. The VPK
accountability system must assign VPK providers a performance designation beginning with the 2022-2023 program
year.
The bill also:
 allows certain child care providers on military installations to participate in early learning programs; and
 allows districts to use the research-based reading allocation to fund intensive interventions for VPK
students who are identified with a substantial reading deficiency.
The bill has an indeterminate fiscal impact. See Fiscal Comments.
The bill takes effect July 1, 2021.
This document does not reflect the intent or official position of the bill sponsor or House of Representatives .
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 FULL ANALYSIS
I. SUBSTANTIVE ANALYSIS
A. EFFECT OF PROPOSED CHANGES:
Governance of Early Learning Programs
State-Level Governance
Present Situation
The State Board of Education (SBE) is the constitutional entity charged with supervising the system of
free public schools in Florida.1 In this role, it coordinates and implements public education in Florida—
except for the State University System, establishes objectives and long range plans, appoints the
Commissioner of Education, annually develops a coordinated K-20 budget, and oversees the Florida
Department of Education (DOE).2 The SBE has rulemaking authority to carry out these functions3 and
implements accountability measures based primarily on student achievement for Florida’s K-20 public
education system, which includes K-12 free public schools and the Florida College System.4
Specifically, the SBE has education and oversight authority over school districts and the Florida
College System concerning performance and compliance with laws. This includes the authority of the
commissioner to investigate allegations of noncompliance; order compliance within a specified
timeframe; and withhold the transfer of state funds, discretionary grant funds, discretionary lottery
funds, and other funds deemed eligible by the Legislature until compliance is achieved.5
While the SBE is responsible for K-20 public education in the state, Florida’s Office of Early Learning
(OEL) is responsible for statewide implementation of the School Readiness and Voluntary
Prekindergarten Education (VPK) programs.6 In 2013, the Legislature established the OEL in the Office
of Independent Education and Parental Choice at the DOE. The OEL is accountable to the
commissioner but has authority to independently exercise all powers, duties, and functions prescribed
by law and adopt rules to implement the School Readiness and VPK programs.7 It oversees local Early
Learning Coalitions (ELCs) regarding child enrollment, attendance reporting, and reimbursement of
program providers and monitors compliance with program requirements.8 It is administered by an
executive director.9 The commissioner may appoint staff to carry out the duties and functions of the
OEL as part of the DOE.10 As of the 2019-2020 fiscal year, the OEL’s annual budget is $1.3 billion.11
All OEL rules are submitted to the SBE for approval or disapproval; rules not acted on by the SBE
within 60 days of receipt are deemed approved and filed with the Department of State.12 The OEL also
administers the statewide Child Care Resource and Referral (CCR&R) network, which provides families
with information about state-funded early learning programs and a customized listing of child care
providers. The CCR&R is used to document requests for services. For providers, the CCR&R provides
technical assistance regarding initiating or expanding services and program and budget development.13
1
See Fla. Const. Art. IX, s. 2; s. 1001. 02(1), F.S.
2
See s. 1001.02, F.S.
3
Section 1001.02(1), F.S.
4
See ss. 1008.31, and 1008.32, F.S.
5
See s. 1008.32(2)-(4), F.S.
6
See ss. 20.15(3)(i)1. and 1001.213, F.S.
7
Section 1001.213(1)-(2), F.S.
8
Section 1002.75(2), F.S.
9
Section 20.15(3)(c)(i)1., F.S.
10
Section 1001.10(6)(a), F.S.
11
Florida Department of Education, Agency Legislative Bill Analysis for HB 1013 (2020), at 19.
12
See s. 1001.213(2), F.S.
13
Sections 1001.213(5), 1002.82(2)(f)1.b., and 1002.92(1) and (3), F.S.; Florida Office of Early Learning, Welcome to Florida’s Early
Learning Family Portal, https://familyservices.floridaearlylearning.com/ (last visited Feb. 26, 2021); see also Florida’s Office of Early
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 The law defines the OEL as a state agency for purposes of establishing an inspector general within it.14
The OEL inspector general operates separately from the DOE inspector general and must, among
other things:
 review agency actions to improve program performance;
 direct, coordinate, and supervise audits, investigations, and management reviews;
 conduct activities to prevent and detect fraud in OEL programs and operations and recommend
corrective actions; and
 keep the Chief Inspector General informed about fraud, abuses, and deficiencies relating to
OEL programs and operations.15
Although appointed by the Chief Inspector General, the OEL inspector general reports administratively
to the OEL executive director. According to the DOE, it processes nearly $2 million annually in
repayments from ELCs or individuals who have committed fraud.
The Department of Children and Families (DCF) administers the state’s child care provider licensing
program, including inspections of all child care providers for specified health and safety standards,16
and oversees state-mandated child care personnel training.17 It also administers the Gold Seal Quality
Care Program (Gold Seal program), which the Legislature established in 1996 to recognize facility and
home-based child care providers that go beyond minimum licensing requirements and are accredited
based on specified standards by qualifying accrediting assocations.18 These standards must be based
on applicable accrediting standards of the National Association for the Education of Young Children,
the National Association of Family Child Care, and the National Early Childhood Program Accreditation
Commission.19
Child care providers that earn the Gold Seal program designation may be eligible for benefits such as
certain property tax and sales tax exemptions and increased reimbursement rates through the School
Readiness program.20 However, committing a class I violation21 is grounds for termination of the Gold
Seal program designation for 2 years.22
Section 402.315(5), F.S., requires the DCF to hold in a trust fund all child care licensing moneys the
DCF collects to be reallocated at specified times to fund child care licensing activities, including the
Gold Seal Quality Care program.
Effect of Proposed Changes
The bill expands Florida’s K-20 public education system under the supervision of the SBE to include
the School Readiness and VPK programs currently overseen by the OEL. Requirements in law relating
to the K-20 education system, the K-20 Education Code, and the K-20 data warehouse are changed to
Learning, Family Resources: Find Quality Child Care, http://www.floridaearlylearning.com/family-resources/find-quality-child-
care/locate-a-child-care-resource-referral-service (last visited Feb. 26, 2021).
14
Section 20.055(1)(d), F.S.
15
See s. 20.055(2), F.S.
16
See ss. 402.301-402.319, and 1002.88, F.S.
17
Sections 402.301-402.319, F.S.; see also Florida Department of Children and Family Services, Provider Search,
https://cares.myflfamilies.com/PublicSearch (last visited Feb. 26, 2021).
18
See s. 402.281(1)-(2), F.S.; rule 65C-20.014, F.A.C.; Florida Department of Children and Families, Child Care: About the Gold Seal
Quality Care Program, https://www.myflfamilies.com/service-programs/child-care/goldseal.shtml (last visited Feb. 26, 2021).
19
Section 402.281(2), F.S.
20
See ss. 212.08(5)(m) and 402.26(6), F.S., and rule 12D-7.015, F.A.C.
21
The DCF classifies licensing violations as class I, II, and III violations. Class I violations are the most serious in nature, pose an
imminent threat to a child including abuse or neglect and which could or does result in death or serious harm to the health, safety or
well-being of a child. Class II violations are less serious in nature than Class I violations, and could be anticipated to pose a threat to
the health, safety or well-being of a child, although the threat is not imminent. Rule 65C-22.010(1)(e), F.A.C.
22
See 402.281(4)(a), F.S.
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 reflect the Early Learning-20 system. This will require data from early learning programs to be included
in the education warehouse for the first time. Changes to the database may be necessary to include the
new data.
The bill removes the OEL from the Office of Independent Education and Parental Choice and
establishes it as the Division of Early Learning (DEL) within the DOE. Accordingly, rulemaking authority
and accountability responsibilities for VPK and School Readiness will fall under the SBE. The SBE’s
oversight and enforcement authority, including the authority to withhold funds, will now apply to ELCs.
The bill deletes the OEL executive director position, which places day-to-day administration of the DEL
under the direct authority of the commissioner.
Because the OEL is repealed, the bill deletes authority for a dedicated OEL inspector general. The
functions currently performed by the OEL inspector general will become the responsibility of the DOE
inspector general.
The bill provides a type two transfer of administrative responsibility for the Gold Seal Quality Care
Program from the DCF to the DOE, including rulemaking authority. For purposes of accreditation under
the Gold Seal program, accreditation standards must be based on nationally recognized standards
rather than only those established by the National Association for the Education of Young Children, the
National Association of Family Child Care, and the National Early Childhood Program Accreditation
Commission.
In order to be an approved Gold Seal program accreditor, the bill requires the accreditor to demonstrate
to the DOE that its accreditation processes have:
 clearly defined prerequisites that a child care provider must meet before beginning the
accreditation process;
 procedures for completion of a self-study and comprehensive onsite verification process for
each classroom;
 a training process for accreditation verifiers to ensure inter-rater reliability;
 ongoing compliance procedures that include completion of an audit and filing of an annual
report;
 procedures for renewal every 5 years, including onsite verification;
 a process for verifying continued compliance if ownership changes;
 procedures for revocation for failure to meet accreditation standards; and
 a process to communicate accreditation issues with governmental stakeholders.
The DOE must establish a process for verifying Gold Seal program accreditor compliance with these
requirements, including an auditing program. The bill requires the DOE to recommend to the SBE
termination of the accreditor’s eligibility for 2 to 5 years if it is unable to correct deficiencies within 30
days. If an accreditor loses its approved status, the providers it accredited have 1 year to obtain
accreditation from another approved accreditor. An accreditor is liable for repayment of provider
payment differentials if it fraudulently grants accreditation or fails to conduct on-site verification.
The bill allows the DOE to recommend to the SBE that a Gold Seal program provider maintain its status
after it is cited for a Class I or Class II violation if it has been in business for 5 or more years and has no
other Class I violations.
The bill retains reference to the Gold Seal Quality Care program in s. 402.315(5), which could result in
the DCF being required to use child care licensing moneys held in the DCF’s trust fund for the
purposes of the Gold Seal Quality Care program that will now be administered by DOE.
The bill provides additional transparency of VPK and School Readiness program providers by requiring
the following additional information be accessible through the CCR&R:
 Whether the provider participates in the Child Care Food Program.
 A link to licensing inspection reports.
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  A VPK provider’s performance metric, as discussed infra, including its program assessment
composite score, learning gains score, achievement score, and its designations.
 A School Readiness provider’s program assessment composite score, including care-level
composite scores delineated by infant, toddler, and preschool classrooms.
 Whether a School Readiness program participates in child observation assessments.
 Whether the provider holds a Gold Seal Quality Care designation.
 Whether the provider implements a DOE-approved curriculum and the name of the curriculum.
The CCR&R must also include an ELC’s customer satisfaction survey data, as discussed infra.
Local Oversight
Present Situation
Local oversight of the School Readiness and VPK programs is provided by ELCs and school districts,
with ELCs responsible for private providers and districts responsible for programs provided by public
schools.23 There are currently 30 ELCs, based on counties or regions, although the law permits the
establishment of up to 31 ELCs.24 ELCs may, but cannot be required to, join for purposes of planning
and implementation.
Each ELC is governed by a board of directors composed of various stakeholders and community
representatives. Three board members, including the chair, are appointed by the Governor.25 Members
may not serve more than two consecutive terms at a time, and the chair is appointed in that position for
a period of 4 years.26 Membership must be between 15 and 30 persons and must include:
 A DCF regi