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2010 Legislative News

July 14, 2010

2010 FACCM Legislative Report

Author:  Janet Mabry

This year’s legislative session was once again marked by the budget and the fighting for every dollar among the many varied interest.  However, due to the diligent efforts of AWI (and special kudos should go to  Michael Ayers an AWI lobbyist who was tireless in his fight to get the most money available for AWI early learning programs)  and the coordinated efforts of providers, coalitions, parents and advocates the VPK dollars and readiness dollars were kept basically at last years levels. 

BUDGET: The budget proviso language for VPK reads as follows:

• “for fiscal Year 2010-2011, the base student allocation per full time equivalent student for the school year program shall be $2,549 and the base student allocation for the summer program shall be $2,168.  The allocation includes a 4.5 percent in addition to the base student allocation to fund administrative and other program costs of the Early Learning Coalition relating to the Voluntary Prekindergarten Education Program.”

• Also in the budget was the necessary allocation to plug this year’s deficit so that providers can continue to get paid.  $25,030,829 in non-recurring funds from General Revenue was appropriated for the 2009 2010 fiscal year to meet the needs of increased student enrollment. 

SB 2014 by SENATOR WISE:   FACCM worked on this bill with Senator Wise during the past two years it has passed and been signed by Governor Crist.

• This bill makes comprehensive changes to the early learning system.
• It also makes changes to Gold Seal, family daycare homes, VPK, the makeup of coalitions, and the responsibilities of AWI. 
• The bill clarifies the role of AWI and its responsibilities to implement a comprehensive system support service. 
• It requires early learning coalitions to implement direct enhancement services and ensure access in all counties and to amend their plans to conform to AWI’s specific support services.
•  Grants AWI greater rulemaking authority for the administration of the school readiness program in certain areas, including standards, outcome measures, contracts and system support services. 
• The bill requires AWI, DOE, DCF and the early learning coalitions to minimize duplicative interagency activities pertaining to collecting and compiling data for child care training and credentialing.

SB 7069 by REPRESENTATIVE SNYDER:  This is the background screening bill, which was the Governor’s and Speaker’s priority.  Key changes to the bill include:

·         Requiring that no person required to be screened may begin work until the screening has been completed.

·          Increasing all Level 1 screening to Level 2 screening for persons working with vulnerable populations.

·         Requiring all fingerprints to be submitted electronically by August 1, 2012

·         Requiring certain personnel that are not presently being screened to begin Level 2 screening.

·         Adding additional serious crimes to the list of disqualifying offenses.

·         Authorizing agencies to request the retention of fingerprints by the Florida Department of Law Enforcement.

·         Providing that an exemption for a disqualifying felony may not be granted until at least three years after the completion of all sentencing sanctions for that felony.

·         Volunteers in certain programs (including child care) must now be screened after 10 hours per month not 40.

Amendments we were able to attain include the following:

• In 402.302 the term “Child care Personnel” The term does not include persons who work in a child care facility after hours when children are not present or parents of children in a child care facility (previous language only exempted parents of children in Head Start.)
• Also we got included the following new language:  Substitute Instructors.  Each school district shall make a list of all individuals currently eligible to act as a substitute teacher within the county pursuant to the rules adopted by the school district pursuant to s. 1012.35 available to an early learning coalition serving students within the school district.  Child care facilities, as defined by s. 402.302, may employ individuals listed as substitute instructors for the purpose of offering the school readiness program the Voluntary Prekindergarten Education program, and all other legally operating child care programs.
• This act takes effect August 1, 2010.

SB 2 by SENATOR GAETZ:  This Senate Joint resolution proposes amending Section 1 Article IX of the state constitution to revise the maximum class size requirements. It will be on the November ballot.

HB 119 by REPRESENTATIVE  GLORIOSO: The bill creates restrictions for a person convicted of an offense listed in the sexual offender statute where the victim was under the age of 18 as follows:

• The bill makes it a first degree misdemeanor for a person convicted of such an offense to knowingly be present in any child care facility or pre-k-12 school or on real property comprising any child care facility or pre-k-12 school when the child care facility or school is in operation unless the offender has provided written notification of his or her intent to be present to the school board, superintendent, principal or child care facility owner.
• Failure to notify the child care facility owner or the school principles office when he or she arrives and departs the child care facility or school,
• Or failure to remain under the direct supervision of a school official or designated chaperone when present in the vicinity of children.

HB 1073 by REPRESENTATIVE LLORENTE: The bill adds training in developmental disabilities, including autism spectrum disorder, and early identification, use of available state and local resources, classroom integration and positive behavioral supports to the general subjects that must be covered by the introductory child care course required for child care personnel.  The bill also adds training in the recognition and care of infants and toddlers with developmental disabilities, including autism and Down syndrome. 

This concludes the report of the 2010 session. 

The passage of the Wise bill means that there will be an incredible amount of rules that AWI must begin to promulgate so that the legislation can be implemented.   Also we could see new rules from DCF and DOE.  FACCM will to be vigilant in making sure that we are up to date with the promulgation of the rules and react in a timely manner.

Look for e-mails from the FACCM office because your efforts and your voice matter. When FACCM requests that you contact legislators or  attend meetings or public hearings it is because you are the people who are doing this work day to day and know how important it is. Your voice expressing how legislative actions affect child care programs is vital to making the legislators understand the effects and safeguarding our programs.