Low-Performing Provider; Voluntary Prekindergarten Education Program Improvement Plan and Implementation; First Year Probation, Low-Performing Provider; Voluntary Prekindergarten Education Program Second Year Probation, Low-Performing Provider; ...

 

DEPARTMENT OF EDUCATION
Florida's Office of Early Learning

RULE NOS.:RULE TITLES:
6M-8.700Low-Performing Provider; Voluntary Prekindergarten Education Program Improvement Plan and Implementation; First Year Probation
6M-8.701Low-Performing Provider; Voluntary Prekindergarten Education Program Second Year Probation
6M-8.702Low-Performing Provider; Removal From Voluntary Prekindergarten Education Program Eligibility

 

NOTICE OF CHANGE

Notice is hereby given that the following changes have been made to the proposed rule in accordance with subparagraph 120.54(3)(d)1., F.S., published in Vol. 38/64, November 2, 2012 issue of the Florida Administrative Register.

 

Following paragraphs have been revised as indicated:

 

Rule 6M-8.700(1)(a):

(a) Use of Approved Curriculum or Staff Development Plan. A VPK provider on probation must select either an approved curriculum from the list of approved curricula for providers on probation on the Department of Education’s website per Rule 6A-1.099825, F.A.C., or a staff development plan available from the Department of Education per Rule 6A-1.099826, F.A.C., as a targeted area in its improvement plan. An early learning coalition or school district, as applicable, shall require a VPK provider on probation to use an approved curriculum or staff development plan in accordance with Section 1002.67(4)(c)2.-3., F.S.

Rule 6M-8.700(1)(b)6.:

6. Percentage of students attending seventy (70) percent or more of the instructional hours offered by the VPK provider; and or

Rule 6M-8.700(1)(c)2.:

2. A list of specific actions already taken, and/or proposed to be taken, by the VPK provider for improvement of targeted areas; and

Rule 6M-8.700(2)(c):

(c) If the improvement plan does not address the criteria established in paragraphs (1)(a)-(c), the early learning coalition or school district, as applicable, shall disapprove the improvement plan and shall return it to the VPK provider with suggestions for revision. The VPK provider on probation shall submit an amended improvement plan within 14 days following the receipt of notification of disapproval of its improvement plan and suggestions for revision. The early learning coalition or school district, as applicable, shall offer to work with the VPK provider on probation to revise a disapproved improvement plan to address the criteria in paragraphs (1)(a)-(c). For each initial disapproved improvement plan that a VPK provider submits, the provider may submit an amended improvement plan no more than two additional times until such time as the State Board of Education adopts the minimum kindergarten readiness rate for the subsequent program year under Rule 6A-1.099821, F.A.C.

Rule 6M-8.700(3):

(3) Technical Assistance. An early learning coalition or school district, as applicable, shall offer to identify technical assistance opportunities for each providers on probation, . Such technical assistance shall be offered in a manner and schedule prescribed by the coalition or school district, in developing and implementing an and shall be designed to facilitate the development and implementation of improvement plans to each provider which fails to meet the minimum kindergarten readiness rate. A provider on probation may elect to receive assistance by contacting the coalition or school district, as applicable, in writing. Whether or not a provider elects to receive resources, referrals or technical assistance, improvement of the provider’s kindergarten readiness rate is the sole responsibility of the provider. Compliance with technical assistance does not guarantee that the provider will improve its kindergarten readiness rate.

Rule 6M-8.700(4):

(4) Prior to registering to offer the VPK program, a provider on probation must demonstrate that it is implementing its improvement plan. The VPK provider must demonstrate its implementation of its improvement plan by using an approved curriculum or a staff development plan in accordance with Section 1002.67(4)(c)2.-3., F.S., including all program materials and professional development elements associated with the approved curriculum or staff development plan, and by submitting the following to the early learning coalition or school district, as applicable:

 

Rule 6M-8.701(1):

(1) Probation. An early learning coalition or school district, as applicable, shall place on second or subsequent year probation any Voluntary Prekindergarten Education (VPK) provider which receives kindergarten readiness rates for the same program type (school year or summer) which fail to meet the minimum rates adopted by the State Board of Education as satisfactory under Section 1002.69(6), F.S., for two or more consecutive years. For the purpose of this rule, consecutive years means years in which a VPK provider receives kindergarten readiness rates for the same program type (school year or summer). For example, a provider fails to meet the minimum rate for consecutive years if the provider fails to meet the minimum rate in 2012 for the school-year program type, does not offer the school-year program type in 2013 or does not receive a rate for the school-year program type in 2013, and fails to meet the minimum rate in 2014 for the school-year program type.

Rule 6M-8.701(2)(a):

(a) A list of target areas for the VPK provider’s improvement per Rule 6M-8.700, F.A.C., and any additional areas a provider deems important to its improvement, including specifically;

1. Identification and description of the provider’s use of an approved curriculum or a staff development plan in accordance with Section 1002.67(4)(c)2.-3., F.S., including all associated program materials and professional development elements associated with the approved curriculum or staff development plan as described in paragraph 6M-8.700(1)(a) and subsection (4); and

2. Identification and description of the provider’s action steps in the additional targeted area(s) as described in paragraph 6M-8.700(1)(b), F.A.C.

Rule 6M-8.702(1)

(1) Removal from Future Eligibility. Except when a provider receives a good cause exemption under Section 1002.69(7), F.S., an early learning coalition or school district, as applicable, shall remove a Voluntary Prekindergarten Education (VPK) Program provider from future eligibility to offer new VPK classes of the program type (school year or summer) for which the provider receives kindergarten readiness rates for the same program type (school year or summer) which fail to meet the minimum kindergarten readiness rates adopted by the State Board of Education as satisfactory under Section 1002.69(6), F.S., for three consecutive years. For the purpose of this rule, consecutive years has the same meaning as defined in subsection 6M-8.701(1).

Rule 6M-8.702(2)

(2) Letter of Removal to Private VPK Providers. Florida’s Office of Early Learning shall notify the early learning coalition, in writing, to remove a private VPK provider from future eligibility to offer new VPK classes of the program type. The coalition shall then issue a written Letter of Removal to the provider, which shall be delivered to the provider via postal service, electronic mail (email), facsimile, or courier service.  The Letter of Removal shall be provided in writing, which may include electronic mail, within 30 days after the decision on an application for good cause exemption by the State Board of Education, or, if no application was filed by the provider, within 30 days after the deadline to file a good cause exemption application has expired, with a copy to Florida’s Office of Early Learning, at the following address: 250 Marriott Drive, Tallahassee, Florida 32399. A Letter of Removal shall contain the following provisions:

(a) Notice of the program type (school year or summer) for which the provider is ineligible;

(b) The date upon which the provider was deemed ineligible to offer the program type in the future; and

(c) Notice of termination of any provider agreements, if applicable, under which the provider would have begun a new VPK class for the VPK program type for which the provider has been deemed ineligible;.

 

Rule 6M-8.702 History Notes:

Rulemaking Authority 1002.79(2) FS. Law Implemented 1002.67(4)(c)1. and 4., 1002.75(3)(c) FS. History–New________.