To describe the process and requirements for program assessments for the School Readiness Program.

 

DEPARTMENT OF EDUCATION

Office of Early Learning

RULE NOS.:RULE TITLES:

6M-4.740Program Assessment Requirements for the School Readiness Program

6M-4.741Program Assessment Threshold Requirements for the School Readiness Program

PURPOSE AND EFFECT: To describe the process and requirements for program assessments for the School Readiness Program.

SUMMARY: The proposed rules establish the process and requirements for program assessments for 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; 1002.82(2)(n), FS.

LAW IMPLEMENTED: 1002.82(2)(n) FS.

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

DATE AND TIME: Wednesday, January 27, 2021, 1:00 p.m. – 2:00 p.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/proposed-rules

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 days before the workshop/meeting by contacting: Andrea Barber [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: Andrea Barber, Lead Policy Analyst, Office of Early Learning, 250 Marriott Dr., Tallahassee, Florida 32399, [phone]

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

6M-4.740 Program Assessment Requirements for the School Readiness Program

(1) Definitions. The following definitions are applicable to all rules under chapter 6M-4, F.A.C.

(a) No change.

(b) “Classroom” refers to any well-defined room in which care is provided or classes are held; a room arranged with materials and equipment and set up as a learning space with intent to implement a plan of activities for the School Readiness program. The classroom provides a space where learning can take place uninterrupted by outside distractions. If floor to ceiling walls are not present, the classroom walls must be defined by stable barriers, and must adhere to the requirements for such barriers as established in Forms OEL-SR-6202, OEL-SR-6204, and OEL-SR-6206 as incorporated by reference in rule 6M-4.620, F.A.C. Any classroom that is eligible to receive a School Readiness child enrollment at any time, is considered under this definition. Any classroom that serves children in the School Readiness program for less than two consecutive hours a day is not considered a “classroom” per this definition.

(c) No change.

(d) “Composite Program Assessment Score” means an average of all OEL-adopted program assessment tool dimension scores, omitting the negative climate score, if included in the dimensions of the tool received by composite classrooms in a School Readiness Provider.

(e) “Contract Minimum Threshold” means the minimum score pursuant to section 1002.82(2)(n), F.S., and defined in rule 6M-4.741, F.A.C., that a provider must achieve on the program assessment tool to be eligible to contract for the School Readiness Program.

(f) through (m) No change.

(2) Program Assessment Requirements. Beginning with the 2019-20 School Readiness Contract year and subsequent years, all School Readiness providers serving children from birth to kindergarten entry must have a program assessment conducted and meet the Contract Minimum Threshold to be eligible to participate in the School Readiness Program. A coalition shall waive the Contract Minimum Tthreshold if the coalition determines that a provider is essential to meet local child care capacity needs as defined in the coalition’s School Readiness Plan, pursuant to rule 6M-9.115, F.A.C. Providers that have had the Ccontract Minimum Threshold waived must be on a Quality Improvement Plan. Providers that meet the minimum score for contracting but do not meet the Quality Improvement Threshold shall be placed on a Quality Improvement Plan.

(a) through (d) No change.

(e) Program assessments will be provided by the coalition annually.

1. Providers that have been determined ineligible to contract based on program assessment scores may request a second assessment that follows the guidelines meets the requirements in Form OEL-SR 740 and paragraphs 3 and 4 of this rule and is for selected classrooms to be conducted at the provider’s expense by an observer. The new Composite Program Assessment Score must meet the Contract Minimum Threshold for the provider to be eligible for a School Readiness contract.

2. Providers currently on a Quality Improvement Plan who wish to have a program assessment to conclude their QIP early may request a second assessment that follows the guidelines meets the requirements in Form OEL-SR 740 for selected classrooms and paragraphs 3 and 4 of this rule.  The assessment is conducted at the provider’s expense by an observer to satisfy the requirements of the Quality Improvement Plan prior to the end of the scheduled assessment to conclude the 12 month Quality Improvement Plan.

3. through 4. No change.

(f) through (g) No change.

(h) For providers not on a Quality Improvement Plan who score above the Contract Minimum Threshold but below the Quality Improvement Threshold, the coalition shall place the provider on a Quality Improvement Plan within ten calendar days after the provider is notified of the composite program assessment score.

(i) No change.

(j) For the 2021-22 contract year only, a provider’s eligibility to contract may be based on the score received from a program assessment conducted in fiscal year 2019-20 or 2020-21. At the time of contracting, the coalition shall use the most recent program assessment score.

(3) Exemptions.

(a) through (c) No change.

(d) If a school-age only provider changes the current care levels served to include any children ages birth-kindergarten entry, and does not require a new contract to be executed, they are exempt from the program assessment requirement until they cross the enrollment threshold of paragraph (3)(a) of this rule. Once this threshold is met or exceeded, the program assessment must be conducted in accordance with to paragraph (3)(b) of this rule.

(4) Frequency.

(a) No change.

(b) In the event of a change where the provider is considered a new provider and must execute a new School Readiness Contract per subsection 6M-4.610(4), F.A.C, the provider may request, prior to executing a new contract, to retain the most recent program assessment score without having to conduct a new assessment if the provider can provide documentation to the coalition that it has retained 80% of personnel listed in the OEL-defined system and there is no change in capacity or classrooms from when the previous assessment was conducted for the remainder of the contract period. Examples of acceptable documentation include current payroll time sheets and evidence in CARES of monitored personnel during the pre-contractual health and safety inspection, classroom rosters, or attendance documentation. The coalition shall determine if the provider meets the requirements of this paragraph, if requested.

(c) through (e) No change.

(f) Providers that have a program assessment conducted on or after April 1, 2018 that meets requirements as defined in Form OEL-SR 740, may use that program assessment result for eligibility to contract for 2019-20 contract year if the result meets the Ccontract Mminimum Tthreshold. Additionally, an assessment conducted for the Early Learning Performance Funding Project, during this timeframe may be used to meet this requirement.

(5) Program Assessment Composite Score Calculation.

(a) 50% of the classrooms in every care level (ages infant-PreK) served by the provider must be assessed to determine the program assessment composite score.

1. If there is are an odd number of classrooms in a care level, the required number of classrooms shall be rounded up.

(b) No change.

(6) Quality Improvement Plans. The Quality Improvement Plan will include performance goals and quality improvement strategies as provided for in Form OEL-SR 20, incorporated by reference in rule 6M-4.610, F.A.C. Coalitions may choose quality improvement strategies as indicated in the coalition’s approved School Readiness Plan pursuant to rule 6M-9.115, F.A.C., to develop Quality Improvement Plans for providers that need to increase program assessment scores.

(a) through (b) No change.

(c) The 12 month Quality Improvement Plan period may extend beyond the contract year depending on its start date and is applied for purposes of executing a new contract.

(d)(c) Providers who were on a Quality Improvement Plan for the 2019-20 School Readiness contract year that do not meet the Quality Improvement Threshold but score at or above the Contract Minimum Threshold for the 2020-21 contract year are permitted to be on a Quality Improvement Plan for two (2) consecutive 12 month periods.

(e)(d) Providers placed on a Quality Improvement Plan in the 2019-20 contract year and subsequent years, shall not have a Quality Improvement Plan for more than two years within a five-year period. Providers that surpass this number will not be eligible to contract for the School Readiness Program for a period of up to five years as determined by the coalition.

(f)(e) Providers that have been determined to be essential to meeting child care capacity needs per subsection (2) of this rule and have an active Quality Improvement Plan shall not have a Quality Improvement Plan for more than three consecutive years.  Providers that surpass this number will not be eligible to contract for the School Readiness Program for a period of up to five years as determined by the coalition.

Rulemaking Authority 1001.213, 1002.82 FS. Law Implemented 1002.82(2)(n) FS. History–New 11-29-18, Amended________________.

 

6M-4.741 Program Assessment Threshold Requirements for the School Readiness Program

(1) Contract Minimum Threshold.

(a) In accordance with Rule 6M-4.740, F.A.C. providers must have a program assessment conducted and meet the Contract Minimum Threshold prior to executing a School Readiness Contract. The provider must receive a minimum program assessment composite score of 2.51 (rounding two decimals) to participate in the School Readiness Program for the 2019-20 School Readiness contract year.

(a)(b) In accordance with Rule 6M-4.740, F.A.C. providers must have a program assessment conducted and meet the Contract Minimum Threshold prior to executing a School Readiness Contract. For the 202120-2221 School Readiness contract year, providers must have a program assessment conducted and meet the Contract Minimum Threshold prior to executing a School Readiness Contract. The provider must receive a minimum program assessment composite score of 3.50 (rounding two decimals), or meet the exception as defined in paragraph (2)(i) of Rule 6M-4.740, F.A.C., to participate in the School Readiness Program.

(c) For the 2022 21-23 22 School Readiness contract year, providers must have a program assessment conducted and meet the Contract Minimum Threshold prior to executing a School Readiness Contract. The provider must receive a minimum program assessment composite score of 4.00 (rounding two decimals) to participate in the School Readiness Program.

(2) Quality Improvement Threshold.

(a) In accordance with Rule 6M-4.740, F.A.C. providers that meet the Contract Minimum Threshold score but do not meet the Quality Improvement Threshold shall be placed on a Quality Improvement Plan, in accordance with the School Readiness Contract, for 12 months. The Quality Improvement Threshold for the 2019-20 School Readiness contract year is a program assessment composite score of 3.00 (rounding two decimals)

(a)(b) In accordance with Rule 6M-4.740, F.A.C. providers that meet the Contract Minimum Threshold score but do not meet the Quality Improvement Threshold shall be placed on a Quality Improvement Plan, in accordance with the School Readiness Contract, for 12 months. For the 202120-22 21 School Readiness contract year, providers who have program assessment results that fall below the Quality Improvement Threshold of a 4.00 (rounding to two decimals) composite program assessment score, as defined in Rule 6M-4.740, F.A.C., but meet the contract minimum threshold will be placed on a Quality Improvement Plan for 12 months pursuant to Rule 6M-4.740, F.A.C.

(c) Beginning with the 2022 21-23 22 School Readiness contract year, providers that have been on a Quality Improvement Plan for 12 months and do not meet or exceed the Contract Minimum Threshold of a 4.00 (rounding to two decimals) composite program assessment score at the next annual program assessment will have their School Readiness contract terminated by the coalition unless the provider is considered essential to meet local child care capacity needs pursuant to Rule 6M-4.740, F.A.C.

(3) No change.

Rulemaking Authority 1001.213, 1002.82 FS. Law Implemented 1002.82(2)(n) FS. History–New 11-29-18, Amended 5-5-20, Amended _______.

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Andrea Barber, Lead Policy Analyst

NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Shan Goff, Executive Director

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: January 04, 2021

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: November 12, 2020