HOUSE OF REPRESENTATIVES STAFF ANALYSIS
BILL #: CS/HB 711 Kindergarten Readiness Rates
SPONSOR(S): Early Learning & Elementary Education Subcommittee, Plasencia, Toledo and others
TIED BILLS: None IDEN./SIM. BILLS: None
REFERENCE ACTION ANALYST STAFF DIRECTOR or
BUDGET/POLICY CHIEF
1) Early Learning & Elementary Education 16 Y, 0 N, As CS Guy Brink
Subcommittee
2) Secondary Education & Career Development
Subcommittee
3) PreK-12 Appropriations Subcommittee
4) Education & Employment Committee
SUMMARY ANALYSIS
All kindergarten students, including students at a nonpublic school who were enrolled in the Voluntary
Prekindergarten Education (VPK) program, must be screened for kindergarten readiness. Public and private
VPK providers are evaluated in part on the percentage of their students who are deemed “kindergarten ready”
based on the screening scores. Some children are also assessed for their English language proficiency in
order determine if they must be provided English for Speakers of Other Languages (ESOL) instruction. The bill
removes kindergarten students identified to receive ESOL instruction from their VPK provider’s kindergarten
readiness rate calculation.
The bill does not appear to have a fiscal impact.
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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DATE: 4/2/2021
 FULL ANALYSIS
I. SUBSTANTIVE ANALYSIS
A. EFFECT OF PROPOSED CHANGES:
The Voluntary Prekindergarten Education Program
Overview
In 2004, the Legislature established the Voluntary Prekindergarten Education (VPK) program, a
voluntary, free prekindergarten program offered to eligible four-year-old children in the year before
admission to kindergarten.1 A child must be a Florida resident and attain 4 years of age on or before
September 1 of the program year to be eligible for the VPK program.2 The child is eligible for the VPK
program during that program year or the subsequent program year and remains eligible until enrollment
in kindergarten or attaining 6 years of age by February 1 of any school year.3 Parents may choose
either a school-year or summer program offered by either a public school or private prekindergarten
provider.4
Student enrollment in the VPK program for the 2019-2020 school year, the most recent year measured,
was 171,199.5
Each Early Learning Coalition (ELC) is the single point of entry for VPK program registration and
enrollment in the ELC’s county or multi-county service area.6 Each ELC must coordinate with each
school district in its service area to develop procedures for enrolling children in public school VPK
programs.7
The Department of Education (DOE) is responsible for adopting and requiring each school district to
administer a statewide kindergarten readiness screening within the first 30 days of each school year.8
In addition, the parent of a student who was enrolled in the VPK program must submit the student for
kindergarten screening, even if enrolled in kindergarten at a nonpublic school.9
To offer the VPK program, a private prekindergarten provider must apply with the ELC using forms
prescribed by the Office of Early Learning (OEL), housed within the DOE, and must be one of a
specified provider type10 and either: be accredited;11 hold a current Gold Seal Quality Care
35
Section 1, ch. 2004-484, L.O.F.; part V, ch. 1002, F.S.; see also Art. IX, s. 1(b)-(c), Fla. Const. The VPK program originated from a
ballot initiative proposing an amendment to the Florida Constitution in the November 2002 general election. The amendment required
the Legislature to establish a free prekindergarten education program for every four-year old child residing in Florida by the 2005
academic year.
2
Section 1002.53(2), F.S. Funds appropriated for the VPK program may not be used to enroll eligible students participating in the
Gardiner Scholarship Program. See s. 1002.385(4)(a), F.S.
3
Section 1002.53(2), F.S. Children who attain five years of age on or before September 1 of the academic year are eligible for
admission to public kindergarten. Section 1003.21(1)(a)2., F.S.
4
Section 1002.53(3), F.S.
5
Florida Office of Early Learning, 2019-20 OEL Annual Report (Dec. 2020) at 18, available at
http://www.floridaearlylearning.com/Content/Uploads/floridaearlylearning.com/files/2019-
20%20OEL%20Annual%20Report%20FINAL%2012-29-30-GA(1).pdf.
6
Section 1002.53(4)(a)-(b), F.S. There are currently 30 ELCs. Florida’s Office of Early Learning, Early Learning Coalitions,
http://www.floridaearlylearning.com/family-resources/find-quality-child-care/locate-your-early-learning-coalition (last visited Feb.
26, 2021).
7
Section 1002.53(4)(c), F.S.
8
Sections 1002.69(1)-(3) and 1002.73, F.S.
9
Section 1002.69(4), F.S.
10
Section 1002.55(3)(a) and (h), F.S.; see also rule 6M-8.300(3), F.A.C.; s. 402.305, F.S. (child care facilities licensing); s. 402.313,
F.S. (family day care homes licensing); s. 402.3131, F.S. (large family child care homes licensing); s. 402.316, F.S. (faith-based
provider exempt from licensure).
11
Section 1002.55(3)(b)1., F.S.; see also National Council for Private School Accreditation, http://www.ncpsa.org (last visited Feb.
26, 2021); Florida Association of Academic Nonpublic Schools, http://www.faans.org (last visited Feb. 26, 2021); Southern
Association of Colleges and Schools, http://www.sacs.org/ (last visited Feb. 26, 2021); Western Association of Colleges and Schools,
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 designation;12 or be licensed and demonstrate to the ELC that the provider meets the VPK program’s
statutory requirements.13
VPK Providers by Classification 2019-202014
Provider Classification Participating
Providers
Licensed Child Care Facility 4,537
Licensed FCCH 10
Licensed LFCCH 31
License-Exempt 118
Public School 1,305
Private School 450
Specialized Service Providers 50
Total Providers 6,501
VPK Provider Accountability
Kindergarten Readiness Rate
The performance of each VPK provider is annually reflected in its kindergarten readiness rate
calculated by the OEL.15 The readiness rate must be determined using the results of a kindergarten
readiness screening that measures a child’s attainment of Florida’s VPK standards. The screening
adopted for this purpose is the Florida Kindergarten Readiness Screener (FLKRS).16
The VPK standards describe what children should know and be able to do at the end of VPK in eight
domains: physical development; approaches to learning; social and emotional development; language
and literacy; mathematical thinking; scientific inquiry; social studies; and creative expression through
the arts.17 Florida’s Constitution expressly requires VPK standards to help students make age-
appropriate progress in the development of language and cognitive capabilities and emotional, social,
regulatory, and moral capacities.18
Students must be tested within the first 30 school days of kindergarten and the statewide screening
must provide objective data concerning each student’s readiness for kindergarten. 19
The readiness rates are expressed as the percentage of children who are ready for kindergarten as
demonstrated by achieving the score identified in rule.20 A provider must have at least 60 percent of
http://www.acswasc.org/ (last visited Feb. 26, 2021); Middle States Association of Colleges and Schools, https://www.msa-cess.org/
(last visited Feb. 26, 2021); New England Association of Colleges and Schools, http://www.neasc.org/ (last visited Feb. 26, 2021).
12
Section 402.281, F.S.; rule 65C-22.009, F.A.C.; see also Florida Department of Children and Family Services, Gold Seal Quality
Care, https://www.myflfamilies.com/service-programs/child-care/goldseal.shtml (last visited Feb. 26, 2021). The DCF issues the Gold
Seal Quality Care designation to child care facilities, LFCCHs, and FCCHs that are accredited by a nationally recognized accrediting
association with standards that meet or exceed DCF-adopted standards. DCF’s standards are based upon those of the National
Association for the Education of Young Children, National Association of Family Child Care, and National Early Childhood Program
Accreditation Commission. Section 402.281(1)-(3), F.S.
13
Section 1002.55(3)(b), F.S.
14
Florida Office of Early Learning, 2019-20 OEL Annual Report (Nov. 2020) at 25, available at
http://www.floridaearlylearning.com/Content/Uploads/floridaearlylearning.com/files/2019-
20%20OEL%20Annual%20Report%20FINAL%2012-29-30-GA(1).pdf.
15
See s. 1002.69(5), F.S.
16
The DOE selected the Star Early Literacy Assessment, developed by Renaissance Learning, Inc., as the FLKRS in 2017. Florida
Department of Education Contract No. 17-651 (2017). See rule 6M-8.602(3)(b)1., F.A.C.
17
See s. 1002.67(1), F.S. See also Florida’s Office of Early Learning, Early Learning and Developmental Standards: 4 Years Old to
Kindergarten (2017) at 1, incorporated by reference in rule 6M-8.602, F.A.C., available at
http://flbt5.floridaearlylearning.com/docs/OEL-SR15BtoK.pdf.
18
Fla. Const. Art. IX, s. (1)(b).
19
See s. 1002.69(1), F.S.
20
Rule 6M-8.601(3)(b)1., F.A.C.
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 children meet the “ready for kindergarten” score on the FLKRS in order to avoid probationary status.21
Children who attended less than 70 percent of a VPK program are not included in a provider's
readiness rates, and readiness rates are not calculated for providers with fewer than four children
assessed. Providers that do not meet the minimum readiness rate are placed on probation and
required to take certain corrective actions.22
The methodology for calculating the readiness rate must include student learning gains, when
available, based on a VPK preassessment and postassessment known as the “Florida VPK
Assessment.”23 The OEL adopted the VPK Assessment in 2015. 24 The OEL must determine learning
gains using a value-added measure based on growth demonstrated by the results of the
preassessment and postassessment from at least 2 successive years of administration. Learning gains
are demonstrated if a student attains a higher scoring category (below expectations, meeting
expectations, or exceeding expectations) from the preassessment to the postassessment on the
following domains: Print Knowledge, Phonological Awareness, Mathematics, and Oral
Language/Vocabulary.25
The Florida VPK Assessment must be administered by individuals who are employed by a VPK
provider and who:
 complete training on proper administration of the assessment that is offered by the OEL or OEL-
trained individuals, through online training, or via DVD, if available; and
 meet the VPK instructor qualifications in law.26
In 2019, the OEL adopted a rule establishing a readiness rate based on 90 percent student
achievement on the FLKRS and 10 percent learning gains on the VPK assessment.27 Beginning with
the 2018-2019 VPK program year, providers can again be placed on probation for failing to meet the
minimum readiness rate.28
About 53 percent of kindergarten students were designated as “ready for kindergarten” based on the
Fall 2019 administration of the FLKRS.29 Of the total number screened, 66 percent completed at least
70 percent of a VPK program and their readiness rate was 63 percent.30 For the 2018-2019 VPK
program year, 2,175 providers did not meet met the minimum rate and were placed on probation.31 An
additional 26 providers continued on probation.32 Together, currently, one-third of VPK providers are on
probation.33 Thirty providers have lost eligibility due to not meeting the minimum rate.34
Eligibility to Provide the VPK Program
A VPK provider’s continued participation is conditioned, in part, upon their students achieving the
minimum score indicating kindergarten readiness. Each provider must comply with VPK Program laws
of which each ELC and district school board is responsible for verifying compliance of private and
public providers, respectively.35 If a provider refuses to comply with law or engages in misconduct, the
OEL must require the ELC or district school board to remove the provider or public school from
21
Rule 6M-8.601(3)(b)5., F.A.C
22
Section 1002.67(4)(c)1., F.S.
23
Section 1002.69(5), F.S.; rule 6A-1.09433(1)(b), F.A.C.
24
See rule 6A-1.09433, F.A.C.
25
Rule 6M-8.601(3)(b)3., F.A.C.
26
See rule 6A-1.09433(2), F.A.C.
27
Rule 6M-8.601(3), F.A.C.
28
Rule 6M-.601(5)(b), F.A.C.
29
Florida Office of Early Learning, OEL Annual Report 2019-20 (Nov. 2020) at 46, available at
http://www.floridaearlylearning.com/Content/Uploads/floridaearlylearning.com/files/2019-
20%20OEL%20Annual%20Report%20FINAL%2012-29-30-GA(1).pdf.
30
Id.
31
Id.
32
Id.
33
Id.
34
Id.
35
Section 1002.67(4)(a), F.S.
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 eligibility to deliver the VPK Program and receive VPK funds for a period of 5 years.36 An ELC or school
district must require a provider or public school that falls below the minimum kindergarten readiness
rate to:
 submit for approval and implement an improvement plan;
 place the provider or school on probation; and
 take certain corrective actions, including the use of an OEL-approved curriculum or an OEL-
approved staff development plan to strengthen instruction in language development and
phonological awareness.37
If the provider or public school remains on probation for 2 consecutive years and does not meet the
readiness rate and is not granted a good cause exemption, it must be removed from eligibility to
provide the VPK program for 5 years.38 The OEL may grant such provider or school a good cause
exemption that is valid for one year and which may be renewed upon request by the public school or
private prekindergarten provider.39 A public school or private prekindergarten provider that receives a
good cause exemption must continue to implement its improvement plan and take corrective actions
until such school or provider meets the minimum kindergarten readiness rate.40 A request for or the
renewal of a good cause exemption must include, among other things, data which documents student
achievement and learning gains, as measured by the state-approved pre- and post-assessment and
the calculation of the public school’s or private prekindergarten provider’s kindergarten readiness rate.41
English Language Learners
Federal and State Requirements
Federal Law
Passed in 2015, the Every Student Succeeds Act (ESSA)42 reauthorizes and substantially revises the
Elementary and Secondary Education Act of 1965 (ESEA). Like its predecessors ESEA and the No
Child Left Behind Act of 2001,43 ESSA aims to improve elementary and secondary education in public
schools by conditioning the receipt of federal funds on the implementation of federal requirements. For
purposes of state accountability systems, ESSA identifies student subgroups for specific focus—
economically disadvantaged students, students from major racial and ethnic groups, children with
disabilities, and English language learners (ELLs).44 ESSA also requires states to establish long-term
goals for all students and each subgroup in student achievement, graduation rates, and ELL progress
toward language proficiency, including interim measures of progress.45 In addition, Title III of ESSA
provides grants for educational programming and training to support ELLs in achieving higher levels of
academic attainment in English and state academic standards.46
ESSA requires states to adopt English language proficiency standards that align with the state’s
academic standards and to administer annual English language proficiency assessments for all ELLs in
grades K-12.47
36
Section 1002.67(4)(b), F.S.
37
Section 1002.67(4)(c)1., F.S.
38
Section 1002.67(4)(c)3., F.S.
39
Section 1002.69(7)(a), F.S.
40
Sections 1002.69(7)(e) and 1002.67(3)(c)2., F.S.
41
Section 1002.69(7)(b)-(c), F.S.
42
Pub. L. No. 114-95, 129 Stat. 1802 (Dec. 10, 2015); 20 U.S.C. s. 63