The purpose of the revised rule is to establish a screening and referral process requirements to comply with federal and statutory mandate.

 

DEPARTMENT OF EDUCATION

Florida's Office of Early Learning

RULE NO.:RULE TITLE:

6M-4.720Screening of Children in the School Readiness Program

PURPOSE AND EFFECT: The purpose of the revised rule is to establish a screening and referral process requirements to comply with federal and statutory mandate.

SUMMARY: The proposed rule Screening of Children in the School Readiness Program.

SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS AND LEGISLATIVE RATIFICATION:

The Agency has determined that this will not have an adverse impact on small business or likely increase directly or indirectly regulatory costs in excess of $200,000 in the aggregate within one year after the implementation of the rule. A SERC has not been prepared by the Agency.

The Agency has determined that the proposed rule is not expected to require legislative ratification based on the statement of estimated regulatory costs or if no SERC is required, the information expressly relied upon and described herein: The office's economic analysis of the adverse impact or potential regulatory costs of the proposed rule does not exceed any of the criteria established in s. 120.541(2)(a), F.S.

Any person who wishes to provide information regarding a statement of estimated regulatory costs, or provide a proposal for a lower cost regulatory alternative must do so in writing within 21 days of this notice.

RULEMAKING AUTHORITY: 1001.213(2), FS.

LAW IMPLEMENTED: 1002.82(2)(f)(2), 1002.84(5), FS.

A HEARING WILL BE HELD AT THE DATE, TIME AND PLACE SHOWN BELOW:

DATE AND TIME: February 7, 2019, 9:00 a.m. – 10:00 a.m. ET, or at the conclusion of business whichever is earlier.

PLACE: via GoToWebinar only. To register for the webinar, please visit: http://www.floridaearlylearning.com/statewide_initiatives/laws_and_rules/proposed_rules.aspx

Pursuant to the provisions of the Americans with Disabilities Act, any person requiring special accommodations to participate in this workshop/meeting is asked to advise the agency at least 48 hours before the workshop/meeting by contacting: Katerina Maroney [phone]; [e-mail]. If you are hearing or speech impaired, please contact the agency using the Florida Relay Service, 1(800)955-8771 (TDD) or 1(800)955-8770 (Voice).

THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Katerina Maroney, School Readiness Policy Supervisor, Office of Early Learning, 250 Marriott Dr., Tallahassee, Florida 32399, [phone]; [e-mail]

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

6M-4.720 Screening of Children in the School Readiness Program.

(1) Definitions. As used in this rule:

(a) No change.

(b) “Eligibility determination” means the initial process conducted by the early learning coalition (coalition) to determine if a child meets minimum requirements to participate in the School Readiness Pprogram.

(c) through (d) No change

(e) “Individualized supports” means the specific interventions, accomodations or other actions taken subsequent to a child demonstrating concerns based on screening results.

(f) “Redetermination” means the process conducted by the early learning coalition at least annually to determine if a child’s family continues to meet minimum requirements to participate in the School Readiness Program pursuant to Rule 6M-4.2009, F.A.C.

(g) “Referral” means the process of providing information and recommendations to parents regarding further evaluation by an early intervention services agency for a child who shows concerns based on screening results.

(h) “Screening” means the procedure using a screening tool activities to identify children who may have concerns and who may need individualized supports or a referral to intervention services.

(2) Screening Process.

(a) By July 1, 2019 2013, each early learning coalition shall implement processes consistent with the requirements text of this rule.

(b) Initial screening. Each early learning coalition shall coordinate with parents or providers to complete initial screening for each child, aged six weeks to age of kindergarten eligibility. Children shall be screened no later than 45 calendar days after:

1. His or her first enrollment in the School Readiness Pprogram; or

2. No change.

(c) Coordination of Child Screenings.Screening alternatives. Families will elect to complete, defer or decline the screening of their child during enrollment as defined in paragraph (1)(c)  for the School Readiness Program.

1. Screening by Coordination with parents.

a. If the parent chooses to complete the child screening, a coalition elects to coordinate with parents to implement screenings for children, the coalition shall request the parent screen the child on-site at the child care provider site or coalition, or provide an electronic link to the developmental screening tool to the parent during the enrollment process. Early learning Ccoalitions shall make staff persons available to assist parents during the screening process.

i. The parent will submit screening results in writing or electronically to the coalition no later than 45 calendar days after enrollment into the School Readiness Program.

ii. Coalitions will document attempts to notify the parent of incomplete screenings or failure to submit screening results by the 45th day of enrollment.

iii. Screenings that are incomplete will be deferred to the party indicated in the School Readiness (SR) Contract.

b. If the parent chooses to not complete the screening themselves on his/her child during the enrollment process, the party indicated in the School Readiness Contract (SR Contract) shall be responsible for completing the screening.

2. Screening by Coordination with child care providers

a. If the parent chooses to not complete the screening themselves on his/her child and the provider is the indicated party in the SR Contract, a coalition elects to coordinate with child care providers to implement screenings for children, the coalition shall notify the child care provider serving each child, in writing, at the time of enrollment of the date by which the child must be screened The coalition shall give this notification to the child care provider a minimum of 30 calendar days prior to the date by which the child must be screened.

b. The child care provider shall complete the screening no later than 45 calendar days after enrollment in the School Readiness Program. The child care provider must submit the child’s screening results in writing or electronically to the coalition no later than 30 calendar days after completion of the screening. Coalitions must provide written notification to providers that fail to submit screening results within 30 calendar days of completing the screening. No later than 30 calendar days after completion of a child’s screening, the child care provider shall submit the child’s screening results to the coalition in writing.

3. Screening by coalitions. If the parent chooses to not complete the screening themselves on his/her child and the coalition is the indicated party responsible for screening in the SR contract, the coalition must complete the screening and submit the child’s screening data to the statewide information system within 45 calendar days of the child’s enrollment in the School Readiness Program.

(d) The parent of a child enrolled in the School Readiness Pprogram may decline to have his or her child screened through the statewide information system, if available. A parent may submit a locally developed form to the coalition to decline a child screening if the statewide information system is unavailable within 10 calendar days of enrollment. by completing and submitting to the coalition or child care provider Form OEL-SR 24, dated August 2012, which is hereby incorporated by reference and which may be obtained from Florida’s Office of Early Learning at the following address: 250 Marriott Drive, Tallahassee, Florida 32399, [phone], TTY/Florida Relay 711, and at the Internet website: If a parent submits the form to the child care provider, the child care provider shall submit a copy of the form to the early learning coalition no later than 30 calendar days after receipt. A parent’s screening decision remains in effect if a child changes School Readiness providers within an early learning the coalition’s service delivery area.

(e) Each early learning coalition shall provide, in writing, or shall require a child care provider to provide in writing, the screening results for each child to the child’s parent within 15 calendar days of screening data entry. Early learning Ccoalitions shall make staff persons available to explain screening results if requested by a parent. The coalition or provider must document the parent’s receipt of the screening results.

(f) Subsequent screenings. Families redetermining in the School Readiness Program can elect to complete, have another party complete or decline the screening of their child at redetermination in  the School Readiness Program. This rule is not intended to limit the number of screenings offered to a child; a School Readiness provider may conduct additional screenings at its discretion, with parental consent. Each early learning coalition shall coordinate with parents or providers for subsequent screenings:

1. Subsequent screening by parents. Subsequent screenings completed by the parent will be conducted annually in the month of the child’s birthday or at time of redetermination, whichever is later. Screening results must be submitted to the coalition within 30 calendar days after the screening is completed. Subsequent screenings that are incomplete will be deferred to the party indicated in the School Readiness (SR) Contract.

2.1. If the parent chooses to not complete the screening themselves on his/her child at redetermination, the responsible party indicated in the School Readiness Contract (SR Contract) shall be responsible for completing the screening. If a coalition coordinates with parents to implement subsequent screenings, each early learning coalition shall request a parent to screen, at a minimum, annually at redetermination, the parent’s child(ren), aged six weeks to age of kindergarten eligibility, enrolled in the School Readiness program.

a. Subsequent screening by child care providers. If the parent chooses to not complete the screening themselves on his/her child and the provider is the indicated party in the SR Contract, coalition, the coalition shall notify the child care provider serving each child, in writing, at the time of redetermination the date by which the child must be screened.

i. The child care provider shall complete subsequent screenings in the month of the the child’s birthday and submit the child’s screening results in writing or electronically to the coalition no later 30 calendar days after completion of the screening. Coalitions must provide written notification to providers that fail to conduct a screening in the month of the child’s birthday.

b. Subsequent screening by coalitions. If the parent chooses to not complete the screening themselves on his/her child and the coalition is the indicated party responsbile for screening in the SR contract, the coalition must complete the screening in the month of the child’s birthday or at the time of redetermination and submit the screening data to the statewide information system.

2. If a coalition coordinates with child care providers to implement subsequent screenings, each child care provider shall screen, at a minimum, annually in the month of the child’s birthday, every child aged six weeks to age of kindergarten eligibility, who is enrolled in the provider’s School Readiness program. This rule is not intended to limit the number of screenings offered to a child; a school readiness provider may conduct additional screenings at its discretion.

(3) Screening Instruments. Each early learning coalition shall select a screening instrument or instruments for use under this rule which meet all of the following criteria:

(a) No change.

(b) Addresses, at a minimum, each of the developmental domains established in the performance standards (The Florida Early Learning and Developmental Standards: Birth to Kindergarten Five, Form OEL-SR 15 30, (October 2017) dated August 2012 adopted by Florida’s Office of Early Learning in Rule 6M-4.700, F.A.C;

(c) through (h) No change.

(4) Exceptions. All children enrolled in the School Readiness Pprogram aged six weeks to age of kindergarten eligibility, whose parents have given permission for screening, must be screened in accordance with the screening process identified in subsection (2) except children in the following situations:

(a) Children who have been screened in a program other than the School Readiness Pprogram within the preceding 12-month period and whose scores were shared with the early learning coalition by the due date established for initial screening in paragraph (2)(b) or subsequent screenings in paragraph (2)(f) and when the screening instrument used meets the criteria in subsection (3) above; or

(b) Children who are receiving services in accordance with an individualized family support plan (IFSP) or individual education plan (IEP), in which the plans have been:

1. No change

2. Shared with the early learning coalition by the due date established for initial screening in paragraph (2)(b) or subsequent screenings in paragraph (2)(f).

(5) Referral Process. Individualized supports. If the screening results indicate concerns, the coalition shall initiate the referral process within 30 calendar days after submission of initial or subsequent screenings. The referral process shall include the following components: analysis of concerns and individualized supports or referral as appropriate.

(a) Analysis of Concern. The referral process shall first include an analysis to determine the most appropriate individualized supports to address each specific concern indicated by the screening results. Individualized supports shall be included within a child plan or enviromental supports plan if a referral is not needed.

(a) Each early learning coalition shall initiate individualized supports no later than 60 calendar days after screening, for children who show concerns based on their screening results.

(b) Individualized supports. If a referral is not needed, individualized supports must include, at a minimum, one of the following:

1. Child Plan. This plan sets desired outcomes or next steps for the child, specific strategies or supports that the child may need and accommodations in the early learning program. Additional screening or assessment;

2. Environmental Supports Plan. This plan includes strategies to enhance the quality of early childhood care and education programs. Individualized learning plans;

3. Suggested developmental activities for parents or providers;

4. Observations and accommodations in the early learning program;

5. Parent education;

(c) 6. Referrals to early intervention services or specialized care.

1. a. If the screening results indicate concerns that require a referral to early intervention services, Each early learning coalition shall notify in writing, or require a child care provider to notify in writing, the parent of a child who receives a referral under subparagraph (5)(b)6. The notification must include, at a minimum, areas identified through the screening which are of concern and local contact information for the appropriate referral agency.

2. b. When providing a referral to an early intervention services agency under sub-subparagraph (5)(b)6.a., each early learning coalition must offer to contact the appropriate referral agency. Either the coalition or the child care provider must document the parent’s choice of “yes” or “no” indicating the choice regarding receipt of additional help, the name of the parent, the date, and the child’s name.

(d) A coalition shall document individualized upports or referrals declined by a parent or provider.

(6) Data.

(a) The early learning coalition shall enter, or require the child care provider to enter, the child screening data into an electronic system no later than 60 calendar days after screening., and Tthe coalition shall enter the individualized supports data into an electronic system no later than 30 calendar days after initiating individualized supports or referrals.

(b) The early learning coalition shall make the electronic version of the screening and individualized supports data available to Florida’s Office of Early Learning upon request. The child screening and individualized supports data included in the electronic system must include, at a minimum, the following elements:

1. through 6. No change.

7. Date of enrollment in the School Readiness Pprogram;

8. No change.

9. Reason for not being screened, if applicable, which may include:

(I) No change.

(II) Exceptions to being screened in the School Readiness Pprogram as described in subsection (4);

10. No change.

11. Date the Referral Process was initiated;

12. Analysis conducted to determine if individualized supports or referrals were needed as described in section 5(a) of this rule;  

13.11. Date individualized supports were initiated;

14.12. Type of individualized supports initiated;

15.13. Date of referral to early intervention services, if applicable under sub-subparagraph (5)(c)(b)6.; and,

14. Whether the parent elected to receive additional help from the coalition under sub-subparagraph (5)(b)6.b

Rulemaking Authority 1001.213(2) FS. Law Implemented 1002.82(2)(f)2., 1002.84(5) FS. History–New 11-15-12., Amended_______________.

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Katerina Maroney, School Readiness Policy Supervisor

NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Rodney J. MacKinnon, Executive Director

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: January 11, 2019

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: November 26, 2018