The purpose of the rule amendment is to adopt procedures for the Department to calculate each Voluntary Prekindergarten Provider’s annual Readiness Rate to align with changes in Section 1002.69, Florida Statutes. VPK providers receive readiness ...

DEPARTMENT OF EDUCATION
State Board of Education

RULE NO.: RULE TITLE:
6A-1.099821: Voluntary Prekindergarten (VPK) Provider Kindergarten Readiness Rate
PURPOSE AND EFFECT: The purpose of the rule amendment is to adopt procedures for the Department to calculate each Voluntary Prekindergarten Provider’s annual Readiness Rate to align with changes in Section 1002.69, Florida Statutes. VPK providers receive readiness rates to determine the success of their program in preparing children for kindergarten.
SUMMARY: Readiness rates must be based exclusively upon the results of the statewide kindergarten screening for students completing the VPK Education Program and who are administered both instruments of the Florida Kindergarten Readiness Screener (FLKRS).
Kindergarten students scores on the Florida Assessments for Instruction in Reading (FAIR) assessment administered within the first 30 days of the school year must demonstrate a probability of reading success of .67 or higher to be considered “ready for kindergarten.” Kindergarten students scores on the Early Childhood Observation System™ (ECHOS) must indicate that the student is either “emerging/progressing” or “demonstrating” to be considered “ready for kindergarten.”
In order for a provider to be considered to have successfully administered the VPK Education Program, the provider must have 70% of children score ready for kindergarten based upon FLKRS scores. Based upon the increased accountability standards, it is anticipated that the number of providers on probation will increase.
SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS AND LEGISLATIVE RATIFICATION:
The Agency has determined that this will 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 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.
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: 1002.79 FS.
LAW IMPLEMENTED: 1002.69 FS.
A HEARING WILL BE HELD AT THE DATE, TIME AND PLACE SHOWN BELOW:
DATE AND TIME: February 28, 2012, 8:00 a.m.
PLACE: Tallahassee, Florida (The physical location will be posted on the Department’s website no later than 14 days prior to the meeting at http://www.fldoe.org)
THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Stuart Greenberg, Executive Director, Just Read, Florida! and the Office of Early Learning, Department of Education, Suite 514, 325 West Gaines Street, Tallahassee, Florida 32399, [phone]

THE FULL TEXT OF THE PROPOSED RULE IS:

6A-1.099821 Voluntary Prekindergarten (VPK) Provider Kindergarten Readiness Rate.

(1) Purpose. The purpose of this rule is to implement the requirements of Section 1002.69, F.S.

(2) Accuracy of Data.

(a) Prior to the calculation of the final VPK Provider Kindergarten Readiness Rate, as described in subsection (3)(4) of this rule, private and public school VPK providers shall have the opportunity to review a preliminary readiness rate which includes a cumulative list of all of the children served in their program and the total number of hours they attended.

(b) If a private or public provider disputes the accuracy of the cumulative list of VPK participants or the total number of hours the VPK participants they attended when such change would result in their inclusion or exclusion in the calculation of the VPK Provider Kindergarten Readiness Rate, as measured by the threshold of seventy (70) percent, as described in subparagraph (3)(a)1., of this rule, the provider may submit corrective information to the Office of Early Learning of the Department of Education within the review period described below 14 days after publication of the cumulative list on the Department’s website (vpk.fldoe.org). The Department, in collaboration with Florida’s Office of Early Learning the Agency for Workforce Innovation and the respective Early Learning Coalition, shall review the corrective information and accept or reject the requested corrective information within the review period described below 21 days after publication of the cumulative list on the Department’s website. Upon completion of the corrective process, the Department shall calculate a preliminary VPK Provider Kindergarten Readiness Rate in accordance with the method described in subsection (4) of this rule.

(c) If a private or public school provider disputes the accuracy of the preliminary VPK Provider Kindergarten Readiness Rate as published on the Department’s web site or if a private provider disputes ownership at the time of the 2009-10 VPK program, the provider may file a dispute on the Department’s web site and submit documentation to the Department for its review and consideration within 21 days after publication of the preliminary rate. This review period shall be no less than twenty-one (21) days following publication of the preliminary readiness rate. The Department shall review and accept or reject any changes to the data within fourteen (14) days after the close of the review period publication. The VPK Provider Kindergarten Readiness Rate will be recalculated in accordance with the method described in subsection (3)(4) of this rule and submitted to the State Board of Education for the purpose of adopting a minimum readiness rate, as required by Section 1002.69(6), F.S.

(3) Criteria for Inclusion and Calculations of the VPK Readiness Rate in the VPK Provider Kindergarten Readiness Rate for 2009-10.

(a) After the conclusion of the review of the data described in subsection (2) of this rule, the Department shall calculate the Kindergarten Readiness Rate for each private or public school VPK provider of either the school year (five hundred forty (540) hour) or summer (three hundred (300) hour) program that served at least four (4) children who:

1. Attended in the VPK program for seventy (70) percent or more of the total number of instructional hours; and

2. Are matched to a valid score on both Participated in each of the kindergarten screening measures.

(b) Calculation of the VPK readiness rate: If a private or public school provider does not meet the criteria described above, information as to why the provider was not included in the VPK Provider Readiness Rate calculation shall be displayed on the VPK Provider Profile required by Section 1002.53(5), F.S.

1. Kindergarten student scores on the FAIR assessment administered during the first thirty (30) days of the school year must demonstrate probability of reading success of .67 or higher to be considered “ready for kindergarten.” Kindergarten student scores on the ECHOS must indicate that the student is either “emerging/progressing” or “demonstrating” to be considered “ready for kindergarten.” In order for a provider to be considered to have successfully administered the VPK program, the provider must have seventy (70) percent of children ready using the calculation in this section. A provider failing to meet this standard will be placed on probation.

2. The “Percent of Children Ready for Kindergarten” shall be calculated as the number of “Children Ready for Kindergarten” on both screening measures divided by the total number of “Children Screened” meeting the requirements set by the State Board of Education in subparagraphs (3)(a)1. and (3)(a)2., of this rule.

(c) If a private or public school provider does not meet the criteria described above, information as to why the provider was not included in the VPK Provider Readiness Rate calculation shall be displayed on the VPK Provider Profile required by Section 1002.53(5), Florida Statutes.

(d) The Department shall publish each VPK program provider’s readiness rate.

(4) Procedures for Calculating the VPK Provider Kindergarten Readiness Rate for 2009-10.

(a) The “Percent of Children Ready for Kindergarten” shall be calculated as the number of “Children Ready for Kindergarten” on each screening measure divided by the total number of “Children Screened” on that measure.

(b) One point is assigned for each percent of “Children Ready for Kindergarten” on each screening measure.

(c) The VPK Provider Kindergarten Readiness Rate shall be the sum of the “Percent of Children Ready for Kindergarten” on each screening measure with a maximum of two hundred (200) points.

(d) The Kindergarten Readiness Rate for private and public school VPK Providers will be displayed as follows:

 

	Screening		Screening
	Measure #1		Measure #2
Children Ready for Kindergarten	22		15
Children Screened	22		20
Percent of Children Ready for Kindergarten	100		75
VPK Provider Readiness Rate 175

 

(e) All providers shall be ranked according to their final score.

(4)(5) VPK Provider Kindergarten Readiness Rates. VPK Provider Kindergarten Readiness Rates shall be binding on new private VPK owners if the change of ownership occurred at a point in time in which seventy (70) percent or more of the VPK school-year or summer program remained. For the purpose of this rule, a change of ownership does not include the sale or transfer to family members or persons with a pre-existing ownership interest in the business.

(5)(6) Low Performing VPK Providers Placed on Probation. If the readiness rate of a private or public VPK provider falls below the minimum rate adopted by the State Board, the provider shall be placed on probation designated as a low performing VPK provider, notified of each designation by the Department, and acknowledge such designation on the Department’s web site within twenty-one (21) days of the State Board of Education’s adoption of the minimum readiness rate.

Rulemaking Authority 1002.69(5), (6), 1002.73(2)(c) FS. Law Implemented 1002.69(5), (6) FS. History–New 6-3-07, Amended 1-16-08, 1-5-09, 12-15-09, 10-25-10,________.

NAME OF PERSON ORIGINATING PROPOSED RULE: Pam Stewart, Chancellor, K-12 Public Schools
NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Gerard Robinson, Commissioner, Department of Education
DATE PROPOSED RULE APPROVED BY AGENCY HEAD: December 22, 2011
DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAW: October 7, 2011