The purpose of the revised rule is to update procedures for how a VPK provider that has been placed on probation for two consecutive years or more and subsequently fails to meet the minimum rate may apply for a good cause exemption to maintain ...

 

DEPARTMENT OF EDUCATION

Florida’s Office of Early Learning

RULE NO.:RULE TITLE:

6M-8.603Voluntary Prekindergarten (VPK) Provider Placed on Probation Good Cause Exemption

PURPOSE AND EFFECT: The purpose of the revised rule is to update procedures for how a VPK provider that has been placed on probation for two consecutive years or more and subsequently fails to meet the minimum rate may apply for a good cause exemption to maintain eligibility to offer VPK services.

SUMMARY: The revised rule includes the requirements for a VPK provider that has remained on probation for two consecutive years or more and subsequently fails to meet the minimum rate. Provider must apply for and be granted a good cause exemption so that the provider does not lose eligibility to offer the VPK program. The rule revisions update and clarify the process for submitting an application for good cause exemption and the criteria for granting a good cause exemption.

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 review by the Agency determined that the implementation of this rule will have minimal financial impact on a provider who would like to apply for a Good Cause Exemption after failing to meet the minimum readiness rate for 3 or more consecutive years. The application is online and documentation to be submitted in 3 of 4 categories already exists (i.e., licensing reports, pre- and post-assessment data, documentation of adherence to improvement plan) and would require it to be gathered and submitted. The fourth category, unique and extraordinary circumstances, can be documented by the provider in a nominal amount of time and with minimal expense.

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), 1002.69(7), 1002.79 FS.

LAW IMPLEMENTED: 1002.67(4), 1002.69(7) 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: Thursday, February 12, 2015; 10:00 am to 11:30 am or at the conclusion of business whichever is earlier

PLACE: via GoToWebinar; for information on registration see http://www.floridaearlylearning.com/oel_resources/rules_guidance_technical_assistance/proposed_rules.aspx for details.

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, Office of Early Learning, 250 Marriott Drive, Tallahassee, FL 32399, [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, Office of Early Learning, 250 Marriott Drive, Tallahassee, FL 32399, [phone]

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

6M-8.603 Voluntary Prekindergarten (VPK) Provider Placed on Probation and Required to Apply for a Good Cause Exemption.

Pursuant to Section 1002.69, F.S., the Office of Early Learning State Board of Education, upon request of a private prekindergarten provider or public school that remains on probation for two (2) consecutive years or more and subsequently fails to meet the minimum rate adopted under Section 1002.69(6)(a), F.S., and for good cause shown may grant to the provider or school an exemption from being determined ineligible to deliver the Voluntary Prekindergarten Education Program and receive state funds for the program.

(1) Provider on Probation. The following process must be followed in order for a provider to be eligible to receive a good cause exemption.

(a) A provider on probation is defined as a VPK provider or public school whose readiness rate is at or below the minimum level established by the Office of Early Learning and incorporated in Rule 6M-8.601, F.A.C.

(b) A provider on probation remains on probation until it meets the minimum rate adopted by the Office as satisfactory under section 1002.69(6), F.S., and is subject to all requirements of probationary status.

(2) Good Cause Exemption Application Requirements. A provider must meet the following criteria to apply for a good cause exemption:

(a) The provider must acknowledge being placed on probation and that the provider will, if it remains on probation for two (2) consecutive years or more and subsequently fail to meet the minimum rate, be required provide a notice that they intend to apply for a good cause exemption. The provider must complete the acknowledgement within twenty-one (21) days of posting of the final VPK readiness rates by the Office of Early Learning on the VPK readiness rate website, http://vpk.fldoe.org. immediately following the first occurrence of failing to meet the readiness rate adopted by the State Board of Education. A provider that has been placed on probation upon issuance of the final readiness rates by the Department will remain on probation until such time that the provider has been issued a VPK readiness rate that meets the minimum rate set by the State Board of Education in Rule 6A-1.099821, F.A.C.

(b) The provider must adhere to all requirements of probation associated with having not met the readiness rate.

(c) The provider must assess each child enrolled in their program in accordance with paragraph (3)(2)(a) of this rule.

(3)(2) Criteria for Granting Good Cause Exemptions. Each of the following criteria must be met to be granted a good cause exemption:

(a) Learning Gains. The private prekindergarten provider or public school must demonstrate learning gains meeting on a standardized assessment approved by the.Department. The ratio of students making learning gains to the total number of students assessed must be proportional to the ratio of students ready for kindergarten reflected in the readiness rate. The documentation of learning gains shall meet the following criteria:

1. Providers must utilize the pre- and post- an assessment, VPK Assessment, approved by the State Board of Education in Rule 6A-1.09433, F.A.C. (March 2015) at <FAR link> Department and administered consistent with the requirements of Rule 6M-8.620, F.A.C. A provider seeking a good cause exemption shall have the early learning coalition or a Department-approved second party administer the state-approved prekindergarten enrollment screening to each child in the prekindergarten provider’s program within the first thirty (30) instructional days of each school year program or the first ten (10) instructional days of a summer program and the provider shall administer the standardized post-assessment approved by the Department to measure the student’s learning gains for the year or summer, as appropriate. All costs associated with the assessments shall be borne by the VPK program provider.

2. Testing procedures for the assessment shall be performed according to the publisher’s guidelines and assessment results shall be tabulated according to the publisher’s guidelines. The provider shall take appropriate measures to ensure the integrity of the testing process. Individual student test results must be submitted to the Department in an electronic format such as provided by the Department. All data must be submitted to the Department within thirty (30) days after the administration of each assessment.

2.3. At a minimum, Data must be provided for all the three most recent years following the first year of a provider being having been placed on probation. Data submitted for VPK programs after the program year of 2011-12 must be from the VPK Assessment referenced above. Data submitted for VPK program years 2011-12 and prior may be from another assessment utilized by the provider during those program years. Assessment results for all program completers who were assessed shall be included. An explanation shall be included for any program completers who were not assessed.

3.4. The results of the assessment shall demonstrate substantial and appropriate learning gains by program completers. Learning gains are substantial and appropriate if the ratio of students making learning gains to the total number of students assessed is seventy (70) percent or greater.

(b) Health and Safety Requirements. Pursuant to Section 1002.69(7)(d), F.S., a good cause exemption may not be granted to any private prekindergarten provider that has any Class I violations or two or more Class II violations within the two (2) years preceding the provider’s or school’s application for the exemption. For purposes of this rule, Class I violations and Class II violations have the same meaning as provided in Rule 65C-22.010(1)F.A.C.(August 2013) found at <FAR link> Section 402.281(3), F.S. The good cause exemption application must include copies of all Department of Children and Families Childcare Inspection Checklists for all inspections performed by the Department of Children and Families under authority of Sections 402.301-402.319, F.S., during the two-year time period prior to application for good cause exemption.

(c) Individual Circumstances. Extraordinary or unique circumstances under which the provider should be allowed to continue to deliver the Voluntary Prekindergarten Education Program after remaining on probation for two (2) consecutive years and failing to meet the minimum readiness rate adopted by the Office State Board of Education as satisfactory under Section 1002.69, F.S.

(d) Adherence to the an approved provider Improvement Plan. under Section 1002.67(3)(c), F.S., Ffollowing all steps under Section 1002.67(4)(c), F.S., towards improvement specified in the plan including the use of an a Office-approved Department-approved curriculum or the a staff development plan approved by the Office. Department.

(4)(3) Application. A provider seeking a good cause exemption shall complete the Office’s Department’s VPK Good Cause Exemption Application Form VPK-GCE-02, November 2014 found at:<placeholder for FAR reference materials link> May 2012, (http://www.flrules.com/Gateway/reference.asp?No=Ref-01190) which is incorporated by reference herein. The sole method of submitting this form will be through the Office’s Department’s web site at: https://vpk.fldoe.org. The submission of an application for a good cause exemption must adhere to the following:

(a) The provider may submit additional documentation in support of its application. The Office Department may request additional documentation for verification of eligibility.

(b) A provider who fails to meet the minimum readiness rate after having been placed on probation for two (2) consecutive years may submit a good cause exemption application at any time after the release of the final annual preliminary VPK rReadiness rRate. Supporting documentation submitted with the application must include a review of adherence to the provider improvement plan, fidelity of implementation of the required curriculum or staff development plan as explained in (3)(d) above pursuant to Section. 1002.67(3)(c)2., F.S., and feedback from the previous year Department’s site visits. The good cause exemption application and all supporting documentation must be received by the Office Department no later than fourteen (14) days after the deadline for filing the timely filed provider acknowledgment of failing to achieve the minimum readiness rate submitted pursuant to Rule 6M-8.601, F.A.C. Rule 6A-1.099821, F.A.C.

(c) The Office Department may grant an extension of time for submitting the good cause exemption application or supporting documentation for good cause shown. Good cause includes unavoidable circumstances such as illness or natural disaster, or excusable neglect.

(5)(4) Office Department Review and Recommendation.

(a) Eligibility. The Office Department shall review each application for a good cause exemption to verify that the provider is eligible to apply. The Office Department shall deny any application that is submitted by a provider who does not meet the criteria described in paragraph (2)(1)(b) or (2)(1)(c) of this rule, without further review.

(b) The Office Department will review each application for a good cause exemption filed by an eligible provider. , and shall make a recommendation to the State Board of Education as to whether or not to grant the good cause exemption to the provider. The Office Department may include outside consultants in the review process. The Office may request additional information from providers to supplement provider applications and may consider additional relevant documentation gathered or received by the Office Department from any source. The Office Department shall allow the provider an opportunity to rebut any evidence considered that was not submitted by the provider.

(c) The Office Department will consider each application individually and shall include in its review recommendation and report:

1. Whether the provider met the criteria described in subsection (2)(1) of this rule;

2. Whether the provider was previously granted a good cause exemption;

3. The readiness rates of other providers in comparable circumstances, if such information is available and relevant;

4. Whether the circumstances warrant granting the request for a good cause exemption; and

5. Whether any conditions should be imposed upon the grant of a good cause exemption. Each conclusion or recommendation shall be accompanied by an explanation in the report.

(d)1. The Office Department shall issue a preliminary recommendation and report and provide a copy of it to the provider.

2. The provider may submit a written response to the Office’s Department’s preliminary recommendation and report within fourteen (14) days of receipt. 3. The Office Department shall consider any timely response and revise the recommendation and report, if appropriate.

(6)(5) Final State Board of Education Determination.

(a) The Office Department will make its final recommendation to the State Board of Education by forwarding a final recommendation and report to the State Board of Education determination regarding each application submitted and notify the applicant and the coalition or school district. A copy of the final recommendation and report will be provided to the applicant.

(b) Any provider granted a good cause exemption shall continue to implement its improvement plan and continue the corrective actions required under Section 1002.67(4)(c)2., F.S. Any exemption granted is valid for one (1) year and may be renewed through the same application process.

(b) The Department will provide to the State Board of Education copies of the following documents:

1. The provider’s good cause application, with supporting documents;

2. Additional documentation considered by the Department in making its recommendation;

3. The Department’s preliminary recommendation and report;

4. The provider’s response to the preliminary recommendation and report, if one was submitted; and

5. The Department’s final recommendation and report.

(c) The State Board of Education may consider a provider’s application based on the written submissions alone or may, in its discretion, allow oral argument before the Board.

(d) The State Board of Education shall grant or deny each application. The State Board of Education may conditionally grant an application if, but for the proposed condition(s), the application would be denied.

(e) The Department shall notify Florida’s Office of Early Learning of all good cause exemptions granted by the State Board of Education. Any provider granted a good cause exemption shall continue to implement its improvement plan and continue the corrective actions required under Section 1002.67(3)(c)2., F.S. Any exemption granted by the State Board of Education is valid for one (1) year and may be renewed through the same application process.

(f) The Department will provide onsite review of adherence to the curriculum as approved in the provider improvement plan pursuant to Section 1002.67(3)(c), F.S., implementation of the VPK standards and research based instructional practices, and ensure that ongoing student progress monitoring is administered by all providers granted a good cause exemption.

Rulemaking Authority 1001.213(2), 1002.79, 1002.69(7) FS. Law Implemented 1002.67(4), 1002.69(7) FS. History–New 3-24-11, Amended 5-10-12, Formerly 6A-1.09982, Amended _______________.

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Tara Huls, Bureau Chief, Voluntary Prekindergarten

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

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: January 15, 2015

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: June 26, 2014