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The Florida Statutes

The 2021 Florida Statutes

Title XLVIII
EARLY LEARNING-20 EDUCATION CODE
Chapter 1002
STUDENT AND PARENTAL RIGHTS AND EDUCATIONAL CHOICES
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F.S. 1002.73
1002.73 Department of Education; powers and duties; accountability requirements.
(1) The department shall adopt by rule a standard statewide provider contract to be used with each Voluntary Prekindergarten Education Program provider, with standardized attachments by provider type. The department shall publish a copy of the standard statewide provider contract on its website. The standard statewide provider contract shall include, at a minimum, provisions for provider probation, termination for cause, and emergency termination for actions or inactions of a provider that pose an immediate and serious danger to the health, safety, or welfare of children. The standard statewide provider contract shall also include appropriate due process procedures. During the pendency of an appeal of a termination, the provider may not continue to offer its services. Any provision imposed upon a provider that is inconsistent with, or prohibited by, law is void and unenforceable.
(2) The department shall adopt procedures for:
(a) The approval of prekindergarten director credentials under ss. 1002.55 and 1002.57.
(b) The approval of emergent literacy and early mathematics skills training courses under ss. 1002.55 and 1002.59.
(c) Annually notifying private prekindergarten providers and public schools placed on probation for not meeting the minimum performance metric or designation as required by s. 1002.68 of the high-quality professional development opportunities developed or supported by the department.
(d) The administration of the Voluntary Prekindergarten Education Program by the early learning coalitions, including, but not limited to, procedures for:
1. Enrolling students in and determining the eligibility of children for the Voluntary Prekindergarten Education Program under s. 1002.53, which shall include the enrollment of children by public schools and private providers that meet specified requirements.
2. Providing parents with profiles of private prekindergarten providers and public schools under s. 1002.53.
3. Registering private prekindergarten providers and public schools to deliver the program under ss. 1002.55, 1002.61, and 1002.63.
4. Determining the eligibility of private prekindergarten providers to deliver the program under ss. 1002.55 and 1002.61 and streamlining the process of determining provider eligibility whenever possible.
5. 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.
6. Paying private prekindergarten providers and public schools under s. 1002.71.
7. Documenting and certifying student enrollment and student attendance under s. 1002.71.
8. Reconciling advance payments in accordance with the uniform attendance policy under s. 1002.71.
9. Reenrolling students dismissed by a private prekindergarten provider or public school for noncompliance with the provider’s or school district’s attendance policy under s. 1002.71.
(3) The department shall administer the accountability requirements of the Voluntary Prekindergarten Education Program at the state level.
(4) The department shall adopt procedures governing the administration of the Voluntary Prekindergarten Education Program by the early learning coalitions for:
(a) Approving improvement plans of private prekindergarten providers and public schools under s. 1002.68.
(b) Placing private prekindergarten providers and public schools on probation and requiring corrective actions under s. 1002.68.
(c) Removing a private prekindergarten provider or public school from eligibility to deliver the program due to the provider’s or school’s remaining on probation beyond the time permitted under s. 1002.68. Notwithstanding any other law, if a private prekindergarten provider has been cited for a class I violation, as defined by rule of the Child Care Services Program Office of the Department of Children and Families, the coalition may refuse to contract with the provider or revoke the provider’s eligibility to deliver the Voluntary Prekindergarten Education Program.
(d) Enrolling children in and determining the eligibility of children for the Voluntary Prekindergarten Education Program under s. 1002.66.
(e) Paying specialized instructional services providers under s. 1002.66.
(f) Approving specialized instructional services providers under s. 1002.66.
(g) Granting of a private prekindergarten provider’s or public school’s request for a good cause exemption under s. 1002.68.
(5) The department shall adopt procedures for the distribution of funds to early learning coalitions under s. 1002.71.
(6) Except as provided by law, the department may not impose requirements on a private prekindergarten provider or public school that does not deliver the Voluntary Prekindergarten Education Program or receive state funds under this part.
History.s. 1, ch. 2004-484; s. 8, ch. 2009-3; s. 31, ch. 2010-210; s. 6, ch. 2010-227; s. 14, ch. 2011-175; s. 45, ch. 2021-10.