The purpose of the proposed rules is to implement the accountability requirements of the Voluntary Prekindergarten Program. The rules establish what occurs when VPK providers fail to meet the minimum readiness rate. The rules also established ...  

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    DEPARTMENT OF EDUCATION

    Florida’s Office of Early Learning

    RULE NOS.:RULE TITLES:

    6M-8.605VPK Staff Development Plan for Providers on Probation

    6M-8.700Provider on Probation; Voluntary Prekindergarten Education Program Improvement Plan and Implementation; First Year Probation

    6M-8.701Provider on Probation; Voluntary Prekindergarten Education Program Annual Probation Progress Report; Second and Subsequent Year Probation

    6M-8.702Provider on Probation; Removal From Voluntary Prekindergarten Education Program Eligibility

    PURPOSE AND EFFECT: The purpose of the proposed rules is to implement the accountability requirements of the Voluntary Prekindergarten Program. The rules establish what occurs when VPK providers fail to meet the minimum readiness rate. The rules also established required actions by providers who are placed on probation and choose a staff development plan to improve their program.

    SUMMARY: The rules contain steps that must be taken when a provider chooses to implement a staff development plan as a condition of probation. The rules explain what must occur for a provider to be placed on probation and what occurs when a provider remains on probation. The rules also include a process for removing a provider from eligibility to deliver the VPK program for five years.

    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 Office of the proposed rule amendments determined that a Statement of Estimated Regulatory Costs was not necessary and that the rule amendments impose no additional fees or costs on small business as some of the amendments are technical, some incorporate legislative changes and others increase the flexibility for compliance.

    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: 1002.67(4)(b)-(c), 1002.75(3)(a)-(c) 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:

    DATE AND TIME: Thursday, November 6, 2014, 10:00 a.m. ‒ 12:00 Noon or at the conclusion of business whichever is earlier

    PLACE: Via GoToWebinar only; to register for the hearing go to: https://attendee.gotowebinar.com/register/5749200428397109250

    or information may be found at: http://www.floridaearlylearning.com/oel_resources/rules_guidance_technical_assistance/proposed_rules.asp

    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, Bureau Chief, Voluntary Prekindergarten Education Program, 250 Marriott Drive, Tallahassee, FL 32399, (850)717-8550 or tara.huls@oel.myflorida.com. 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, (850)717-8635

     

    THE FULL TEXT OF THE PROPOSED RULE IS:

     

    6M-8.605 VPK Staff Development Plan For Providers on Probation.

    The VPK Staff Development Plan for Providers on Probation adopted by the State Board of Education outlines the required staff development trainings and required staff development activities as well as recommended trainings and activities in the document titled “OEL-Approved DOE-Approved Staff Development Plan for VPK Providers on Probation, October 2014 August 2012 (new link)(http://www.flrules.org/Gateway/reference.asp?No=Ref-01499).” This document is hereby incorporated by reference in this rule and may be obtained by contacting the Office of Early Learning, Department of Education, 250 Marriott Drive, Tallahassee, Florida 32399.

    Rulemaking Authority 1001.213(2), 1002.67(4)(c)2., 3., 1002.79 FS. Law Implemented 1002.67(4)(c)2., 3., 1002.67 FS. History–New 8-21-12, Formerly 6A-1.099826, Amended_________.

     

    6M-8.700 Provider on Probation; Voluntary Prekindergarten Education Program Improvement Plan and Implementation; First Year Probation.

    (1) Probation. A provider remains on probation until it meets the minimum rate adopted by the Office as satisfactory under section 1002.69(6), F.S. An early learning coalition or school district, as applicable, shall place on first year probation any Voluntary Prekindergarten Education (VPK) provider which fails to meet the minimum kindergarten readiness rate for a program type (school-year school year or summer) adopted by the Office of Early Learning State Board of Education as satisfactory under Section 1002.69(6), F.S, and require such provider to submit and implement an approved improvement plan designed to improve the provider’s kindergarten readiness rate. An improvement plan shall include:

    (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 Office’s Department of Education’s website per Rule 6M-8.604, F.A.C., Rule 6A-1.099825, F.A.C., or a staff development plan available from the Office of Early Learning Department of Education per Rule 6M-8.605, F.A.C., 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.

    (b) Additional Targeted Areas. A VPK provider on probation must select a minimum of one of the following additional areas as a targeted area in its improvement plan:

    1. Administrative and management practices, including training, educational level, and retention of prekindergarten instructors;

    2. Classroom learning environment;

    3. Child developmental screenings and assessments;

    4. Social-emotional interactions among prekindergarten instructors and students;

    5. Students’ ability to make age appropriate progress in the development of language and cognitive capabilities and emotional, social, regulatory and moral capacities;

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

    7. Family involvement in the early childhood program.

    (c) Strategies for Improvement. A description of strategies for improvement of the provider’s VPK program which includes the following and, at the discretion of the provider, any other additional areas:

    1. A list of target areas for the VPK provider’s improvement identified under paragraphs (1)(a) and (b) and any additional areas a provider deems important to its improvement;

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

    3. An implementation schedule or timeline for the VPK provider to implement the proposed actions.

    (2) Submission and Approval of Improvement Plan.

    (a) A VPK provider on probation must submit its improvement plan electronically through the website https://vpk.fldoe.org/. The provider must have an approved improvement plan in place for at least 30 days prior to receiving an advance payment and for at least 30 days prior to offering VPK instruction for the program type for which the provider must submit an improvement plan, as applicable. A VPK provider on probation may submit an improvement plan any time after the Office Department of Education posts the final preliminary readiness rates.

    (b) An early learning coalition or school district, as applicable, shall approve or disapprove a VPK provider’s improvement plan within 14 days following receipt of the improvement plan if the plan is submitted with a list of target areas and specific actions for improvement as described in this rule.

    (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.

    (3) Technical Assistance. An early learning coalition or school district, as applicable, shall offer to identify technical assistance opportunities for each provider on probation. Such technical assistance shall be offered in a manner and schedule prescribed by the coalition or school district, and shall be designed to facilitate the development and implementation of improvement plans. 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.

    (3)(4) Prior to offering 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:

    (a) For use of an approved curriculum:

    1. A receipt or invoice demonstrating that the VPK provider has purchased an approved curriculum and has scheduled instructor trainings developed by the curriculum publisher on use of the curriculum; or

    2. An acknowledgement that the VPK provider has received the complete approved curriculum through a donation and has scheduled instructor trainings developed by the curriculum publisher on use of the curriculum.

    (b) For use of a staff development plan:

    1. Copy Copies of Department of Children and Families (DCF) transcripts certificates evidencing successful training completion for VPK staff consistent with the staff development plan in accordance with Section 1002.67(4)(c)2-3., F.S; and

    2. An acknowledgement that the VPK provider has implemented its staff development plan.

    Rulemaking Authority 1001.213(2), 1002.79(2) FS. Law Implemented 1002.67(4)(c)1.-3., 1002.75(3)(a)-(b) FS. History–New 3-26-13, Amended_________.

     

    6M-8.701 Provider on Probation; Voluntary Prekindergarten Education Program Annual Probation Progress Report; Second and Subsequent Year Probation.

    (1) Probation. A provider remains on probation until it meets the minimum rate adopted by the Office as satisfactory under Section 1002.69(6), F.S. 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 Office of Early Learning 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).

    (2) Second or Subsequent Year Probation Corrective Action. A VPK provider that remains on probation under this rule must submit an annual probation progress report electronically through the website https://vpk.fldoe.org/. The annual probation progress report must demonstrate progress toward meeting the specific actions for improvement in the target areas identified in the provider’s approved improvement plan. The provider must have an approved probation progress report in place for at least 30 days prior to receiving an advance payment and for at least 30 days prior to offering VPK instruction for the program type for which the provider must submit a probation progress report, as applicable. A VPK provider may submit a probation progress report any time after the Office of Early Learning Department of Education posts the final preliminary readiness rates. The probation progress report shall provide information regarding the provider’s progress in implementing its improvement plan approved under Rule 6M-8.700, F.A.C. The second or subsequent year probation progress report shall contain a description of strategies for improvement of the VPK program that includes the following:

    (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), F.A.C.; 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.

    (b) A list of specific actions the VPK provider will take in the future for improvement of the targeted areas; and

    (c) An implementation schedule or timeline for the VPK provider to implement any proposed actions.

    Rulemaking Authority 1001.213(2), 1002.79(2) FS. Law Implemented 1002.67(4)(c)2., 1002.75(3)(b) FS. History–New 3-26-13, Amended__________.

     

    6M-8.702 Provider on Probation; Removal From Voluntary Prekindergarten Education Program Eligibility.

    (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 for five (5) years from future eligibility to offer new VPK classes under the following conditions:

    (a) When of the program type (school year or summer) for which the provider receives kindergarten readiness rates for the same program type (school-year school year or summer) that for three consecutive years which fail to meet the minimum kindergarten readiness rates adopted by the Office of Early Learning State Board of Education as satisfactory under Section 1002.69(6), F.S., for three consecutive years the provider shall not offer VPK class in that program type. For the purpose of this rule, consecutive years has the same meaning as defined in subsection 6M-8.701(1), F.A.C. The Office of Early Learning will notify early learning coalitions and school districts when a provider is removed from eligibility under this condition.

    (b) Failure to implement an approved improvement plan or staff development plan under Section 1002.67(4)(c)2., F.S.

    (c) If a provider, or an owner, officer or director is (or is acting as the beneficial owner for someone who has been) convicted, found guilty of, or pleads guilty or nolo contendere to public assistance fraud, according to Section 1002.91, F.S.

    (d) If a provider’s executed statewide provider contract adopted in Rule 6M-8.301, F.A.C., is terminated after due process procedures adopted in the contract are completed.

    (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 within 30 days after the decision on an application for good cause exemption by the office 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 the 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 school year or summer) for which the provider is ineligible, in situations where a good cause exemption is not granted under paragraph (1)(a);

    (b) The name and address of the provider’s program;

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

    (d)(c) Notice of termination of any provider contracts 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.

    (3) Notification of Removal to Public School VPK Providers. The Office of Early Learning Florida Department of Education shall notify the school district, in writing, to remove a public school VPK provider from future eligibility to offer new VPK classes of the program type for five (5) years and shall provide a copy of such notification to the early learning coalition.

    Rulemaking Authority 1001.213(2) 1002.79(2) FS. Law Implemented 1002.67(4)(b)-(c), 1002.75(3)(c) FS. History–New 3-26-13. Amended___________.

     

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

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

    DATE PROPOSED RULE APPROVED BY AGENCY HEAD: October 13, 2014

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

Document Information

Comments Open:
10/15/2014
Summary:
The rules contain steps that must be taken when a provider chooses to implement a staff development plan as a condition of probation. The rules explain what must occur for a provider to be placed on probation and what occurs when a provider remains on probation. The rules also include a process for removing a provider from eligibility to deliver the VPK program for five years.
Purpose:
The purpose of the proposed rules is to implement the accountability requirements of the Voluntary Prekindergarten Program. The rules establish what occurs when VPK providers fail to meet the minimum readiness rate. The rules also established required actions by providers who are placed on probation and choose a staff development plan to improve their program.
Rulemaking Authority:
1001.213(2), 1002.79 FS.
Law:
1002.67(4)(b)-(c), 1002.75(3)(a)-(c) FS.
Contact:
Tara Huls, Office of Early Learning, 250 Marriott Drive, Tallahassee, FL 32399, (850)717-8635
Related Rules: (4)
6M-8.605. VPK Staff Development Plan for Providers on Probation
6M-8.700. Provider on Probation; Voluntary Prekindergarten Education Program Improvement Plan and Implementation; First Year Probation
6M-8.701. Provider on Probation; Voluntary Prekindergarten Education Program Annual Probation Progress Report; Second and Subsequent Year Probation
6M-8.702. Provider on Probation; Removal From Voluntary Prekindergarten Education Program Eligibility