The purpose of the proposed rule development is to establish the criteria for early learning coalition board membership.  

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    DEPARTMENT OF EDUCATION

    Florida’s Office of Early Learning

    RULE NO.:RULE TITLE:

    6M-9.110Board Membership Requirements

    PURPOSE AND EFFECT: The purpose of the proposed rule development is to establish the criteria for early learning coalition board membership.

    SUMMARY: The proposed rule development will address the criteria for the appointment of private sector membership for early learning coalitions’ board membership composition to include standards for determining whether a member or relative has a substantial financial interest in the design or delivery of the Voluntary Prekindergarten Education Program or 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 of potential regulatory costs of the proposed rule did not exceed any of the criteria established in Section 120.541(2)(a), Florida Statutes. As part of this analysis, the Office relied upon knowledge of the current practices of the early learning coalitions in selecting and maintaining their board members.

    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), 1002.83(5) FS.

    LAW IMPLEMENTED: 1002.83(2)-(11) FS.

    IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE HELD AT THE DATE, TIME AND PLACE SHOWN BELOW:

    DATE AND TIME: January 26, 2015, 2:00 p.m. ‒ 3:00 p.m. or at the conclusion of business whichever is earlier

    PLACE: via GoToWebinar; to obtain information regarding how to register for the webinar go to: http://www.floridaearlylearning.com/oel_resources/rules_guidance_technical_assistance/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 at (850)717-8550. 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: Reginal Williams, Manager, Program Integrity, Office of Early Learning, 250 Marriott Dr., Tallahassee, Florida 32399, (850)717-8550

     

    THE FULL TEXT OF THE PROPOSED RULE IS:

     

    6M-9.110 Requirements and Criteria for Early Learning Coalition Composition.

    (1) Definitions.

    (a) “Ex Officio Member” means a member of the coalition by virtue of holding another office. Ex Officio member positions are set forth in Section 1002.83(4)(a)-(m)., F.S.

    (b) “Business entity” means any form of sole proprietorship, partnership, association, cooperative, joint venture, corporation or business trust, whether operated for profit or not.

    (c) “Private sector business member” means an individual who does not work for a business entity that the government owns or operates. The term also includes –

    1. An individual who has dual employment in both a business entity and the public sector.

    2. An individual who is retired or no longer works for a business entity, provided that individual is not currently employed in the public sector.

    (d) “Substantial financial interest” refers to standards established herein for appointment of private sector business members. A coalition member, a coalition member’s relative, or a coalition board member’s business entity has a substantial financial interest in the Voluntary Prekindergarten Education Program (VPK) or an early learning coalition’s School Readiness Program (SR), if:

    1. The coalition member, the coalition board member’s relative, or the coalition member’s business entity has direct or indirect ownership of more than 5 percent of the total assets or capital stock, cumulatively, of one or more of the proscribed sources of income listed in subsection (2); or

    2. During the prior two (2) years, more than five (5) percent of the gross income of the coalition member, coalition member’s relative, or coalition member’s business entity was derived, cumulatively, from one or more of the proscribed sources listed in paragraph (1)(e).

    (e) Proscribed sources of income.  Proscribed sources of income are sources of income derived from interests in the design or delivery of the VPK program or the SR program, including, but not limited to, the following sources:

    1. The Office of Early Learning, the Department of Children and Families, the Department of Education, or a contractor or subcontractor of any of these agencies;

    2. An early learning coalition, or a coalition’s or former coalition’s fiscal agent, service provider, contractor, or subcontractor;

    3. A school district’s or public school’s preschool program for children from birth until eligibility for admission to kindergarten in a public school under Section 1003.21(1)(a)2., F.S., if the coalition board member’s or coalition board member’s relative’s income was derived from employment in an elected or appointed position in the school district or public school which is responsible for:

    a. Financial decisions affecting the preschool program, including development of the program’s budget or disbursement of funds for the program;

    b. Recommendation or adoption of rules, regulations, or policies relating to the operation of any aspect of the preschool program;

    c. VPK or SR program instruction, curriculum development, or service delivery; or

    d. Management of the preschool program’s operations or personnel, or for personnel carrying out the responsibilities described in sub-subparagraph (1)(e)3.a.-c.;

    4. A public or private provider delivering the VPK Program;

    5. A public or private provider delivering an early learning coalition’s SR program;

    6. A national child care accrediting organization providing accreditation to Florida-based child care providers, public schools, or private schools;

    7. A Department of Children and Families approved Gold Seal child care accrediting organization,

    8. An accrediting association that is a member of any of the organizations listed in subparagraph (1)(e)6. or (1)(d)7.;

    9. A vendor of educational materials or supplies, including, but not limited to books, curricula, or equipment; and

    10. An organization designed to represent any of the individuals, organizations, or business entities listed in subparagraph (1)(e)1.

    (2) Private Sector Business Members. Each early learning coalition must be composed of more than one-third private sector business members. The percentage of private sector business members is based on the total number of seated board members at a given time, including all voting and non-voting ex officio members.

    (3) Criteria for appointing private sector business members.  Including the members appointed by the Governor, private sector business members can represent either for-profit or nonprofit entities. Neither the members nor any of their relatives may have a substantial financial interest in the design or delivery of the VPK or SR programs, as defined in Section 112.3143, F.S.

    (a) Prospective members must meet the definition of a private sector business member as defined in paragraph (1)(c). If the prospective member does not meet the definition, the early learning coalition may not make the appointment.

    (b) The coalition shall determine whether a prospective member has any interest in a business entity involved in designing or delivering the VPK or SR Program. A business entity is involved in designing or delivering the VPK Education Program or the coalition’s SR Program if it –

    1. Receives SR, VPK or Gold Seal Program funds directly or indirectly from the state or federal government as a recipient, subrecipient or vendor.

    2. Is an accrediting child care organization or any association or member thereof.

    3. Is a vendor of education books, curricula, equipment, supplies or materials.

    4. Is an organization designed to represent any of the individuals or organizations listed above.

    (c) If a prospective member has any interest in the design or delivery of the VPK or SR program, the early learning coalition shall determine if the interest is a substantial financial interest as defined in subparagraph (1)(d). If the interest is substantial, the prospective member has a prohibited substantial financial interest and the coalition may not make the appointment.

    (d) If a prospective member meets the private sector board member definition and does not have a prohibited substantial financial interest, the coalition may make the appointment.

    Rulemaking Authority 1001.213(2), 1002.83(5) FS. Law Implemented 1002.83(2)-(11) FS. History–New_________.

     

    NAME OF PERSON ORIGINATING PROPOSED RULE: Reginal Williams, Program Integrity Manager

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

    DATE PROPOSED RULE APPROVED BY AGENCY HEAD: December 18, 2014

    DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: November 14, 2014

Document Information

Comments Open:
1/2/2015
Summary:
The proposed rule development will address the criteria for the appointment of private sector membership for early learning coalitions’ board membership composition to include standards for determining whether a member or relative has a substantial financial interest in the design or delivery of the Voluntary Prekindergarten Education Program or the school readiness program.
Purpose:
The purpose of the proposed rule development is to establish the criteria for early learning coalition board membership.
Rulemaking Authority:
1001.213(2), 1002.83(5)
Law:
1002.83(2)-(11)
Contact:
Reginal Williams, Manager, Program Integrity, Office of Early Learning, 250 Marriott Dr., Tallahassee, Florida 32399, (850)717-8550
Related Rules: (1)
6M-9.110. Requirements and Criteria for Early Learning Coalition Board Composition