The purpose of the revised rule is to update program definitions to align with Florida Statutes and recent rule revisions.

 

DEPARTMENT OF EDUCATION

Florida’s Office of Early Learning

RULE NO.:RULE TITLE:

6M-8.100Definitions

PURPOSE AND EFFECT: The purpose of the revised rule is to update program definitions to align with Florida Statutes and recent rule revisions.

SUMMARY: The proposed Rule revision defines and updates common terms used in the Voluntary Prekindergarten 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: Regarding rule 6M-8.100, a SERC is not required because it defines terms used in Chapter 6M-8, bringing the rule in alignment with current rules and statutes.

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), 1002.79 FS.

LAW IMPLEMENTED: 1002.51, 1002.53(2), (4), 1002.55(2), (3)(g), 1002.61(2)(a), 1002.63(2),1002.71(2) 1002.75(2)(a) 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 (IF NOT REQUESTED, THIS HEARING WILL NOT BE HELD):

DATE AND TIME: February 11, 2015, 10:30 a.m. ‒ 11:30 a.m. or at the conclusion of business whichever is earlier.

PLACE: via GoToWebinar; information regarding registration may be found at: 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 7 days before the workshop/meeting by contacting: Tara Huls, [phone]. 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: Tara Huls, Bureau Chief, VPK Program and Policy, Office of Early Learning, 250 Marriott Dr., Tallahassee, Florida 32399, [phone]

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

6M-8.100 Definitions.

As used in this chapter, the term:

(1) “Absence” means each instructional day that a child does not attend (is absent from) a VPK program.

(2) “Admission” is a step in the process of enrolling a child in the VPK program. It means a VPK provider agrees to enroll (or admit) the child to its VPK program.

(2) “Advance payment” is the process of a VPK provider choosing to receive an advance payment, prior to providing services, instead of a reimbursement for services rendered as described in Rule 6M-8.205(2), F.A.C.

(3) “Attendance” means an instructional day, either in whole or in part, that a child is present (or attends) a VPK program.

(4) “Child Application” means Form OEL-VPK 01 (Child Application) incorporated by reference in Rule 6M-8.201, F.A.C.

(5) “Class application” means Form OEL-VPK 11 (Class Registration Application) incorporated by reference in Rule 6M-8.300, F.A.C.

(4)(6) “Coalition” means an early learning coalition created under Section 1002.83 411.01(5), F.S.

(5)(7) “Enrollment” is the final step in the process of entering (or enrolling) a child in the VPK program. It means officially entering the child’s name in the statewide information system as a VPK student associated with a VPK provider.

(8) “Excused absence” means an instructional day from which a child is absent from a VPK program for a reason listed in paragraph 6M-8.204(3)(b), F.A.C.

(6)(9) “Instructional day” means a calendar day that a VPK provider delivers scheduled instruction for the VPK program.

(7) “Instructional hour” means 60 minutes of instructional time that comprises planned activities or experiences implementing a curriculum that enhances a child’s progress in attaining the VPK performance standards adopted in Rule 6M-8.602, F.A.C.

(8)(10) “Parent” has the same meaning as the term defined in Section 1000.21, F.S.

(9)(11) “Program year” means the annual period beginning in one calendar year on the first day that a school-year program may begin instruction under subsection Rule 6M-8.204(3), 6M-8.451(1), F.A.C., and ending in the next calendar year on the last day by which a summer program must complete instruction under Rule 6M-8.204(3), subsection 6M-8.451(2), F.A.C. A program year is designated by the corresponding calendar years (e.g., 2014-2015, 2015-2016 2007-2008, 2008-2009).

(12) “Provider application” means Form OEL-VPK 10 (Statewide Provider Registration Application) incorporated by reference in Rule 6M-8.300, F.A.C.

(13) “Qualified contractor” means an entity performing the duties of coalition under contract, including conducting the parent orientation session or video exhibition; registering a provider, child or class; determining child or provider eligibility; and enrolling children in the statewide information system. This definition does not include a private entity that derives more than 5 percent of its income, excluding income that the entity derives from the Federal Government for Head Start, from providing child care as defined in Section 402.302, F.S. This definition does not include a school district or public school. A coalition is ultimately responsible for its duties when they are performed by a qualified contractor.

(14) “Registration” is a step in the enrollment process. To register a child in the VPK program means to submit the Child Application form and supporting documents to a coalition for evaluation, in order to determine the child’s eligibility for the program.

(10)(15) “School-year program” means a school-year prekindergarten program consisting of 540 instructional hours delivered by a private provider under Section 1002.55, F.S., or by a public school under Section 1002.63, F.S.

(11)(16) “Summer program” means a summer prekindergarten program consisting of 300 instructional hours delivered by a private provider or public school under Section 1002.61, F.S.

(17) “Unexcused absence” means an instructional day from which a child is absent from a VPK program which is not an excused absence under paragraph 6M-8.204(3)(b), F.A.C.

(12)(18) “VPK class” means a private provider’s or public school’s prekindergarten class that includes a child in the VPK program.

(13)(19) “VPK program” means the Voluntary Prekindergarten Education program created under Section 1002.53, F.S., and which is organized, designed, and delivered in accordance with Section 1(b) and (c), Article IX of the State Constitution.

(14)(20) “VPK provider” means a provider delivering the VPK school-year program or summer program. There are two types of VPK providers: private prekindergarten providers as defined in Section 1002.51, F.S. and public schools.

(15) “VPK SIS provider” means a provider delivering the VPK specialized instructional services program defined in Section 1002.66, F.S.

(16)(21) “VPK site” means the permanent physical location where a private provider or public school delivers instruction for the VPK program.

Rulemaking Authority 1001.213(2), 1002.79(2) FS. Law Implemented 1002.51, 1002.53(2), (4), 1002.55(2), (3)(g), 1002.61(2)(a), (7)(a), 1002.63(2), (8), 1002.71(2), (6)(d), 1002.75(2)(a), (c), (d) FS. History–New 1-19-06, Amended 5-24-07, Formerly 60BB-8.100, Amended ____________.

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Tara Huls, Bureau Chief, VPK Program and Policy

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

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: January 12, 2015

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: November 25, 2014