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

DEPARTMENT OF MANAGEMENT SERVICES
Agency for Workforce Innovation

Rule No.: RULE TITLE
60BB-8.700: Low-Performing Provider; Voluntary Prekindergarten Improvement Plan and Implementation
60BB-8.701: Low-Performing Provider; Voluntary Prekindergarten Education Program First Year Probation
60BB-8.702: Low-Performing Provider; Voluntary Prekindergarten Education Program Second Year Probation
60BB-8.703: Low-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. 36 No. 12, March 26, 2010 issue of the Florida Administrative Weekly.

Proposed Rule 60BB-8.700 is revised as follows:

(1) Improvement Plans. An early learning coalition or school district, as applicable, shall require a Voluntary Prekindergarten (VPK) Education provider which fails to meet or exceed the minimum kindergarten readiness rate for a program type (school-year or summer) to submit an improvement plan designed to improve the provider’s kindergarten readiness rate. An improvement plan shall include:

(a) A self assessment conducted no earlier than the previous VPK program year, which shall address, at a minimum, the manner in which the following areas of the VPK provider’s program may be improved:

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

2. Developmentally appropriate curricula;

3. Classroom learning environment;

4. Classroom instructional practices, which shall include an assessment of the need for instructors to attend an additional VPK Standards training and emergent literacy training course approved by the Department of Education under Section 1002.59, F.S.;

5. Child developmental screenings and assessments;

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

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

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

9. Family involvement in the early childhood program.

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

1. A list of target areas for the VPK provider’s improvement based on the self assessment conducted under paragraph (1)(a) and any additional areas a provider deems important to its improvement;

2. A list of specific actions already taken, and/or 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 shall submit its improvement plan electronically through the website http://www.ImproveVPK.org within 30 60 days of the date of adoption of the minimum kindergarten readiness rate by the State Board of Education under Rule 6A-1.099821, F.A.C.

(b) An early learning coalition or school district, as applicable, shall approve or disapprove a VPK provider’s improvement plan within 14 days of receipt of the improvement plan. The early learning coalition or school district, as applicable, shall approve the improvement plan if the plan is submitted in accordance with this rule, and addresses the criteria established in paragraph (1)(a) within this rule, and does not negatively impact the health, safety, or well being of students.

(c) If the improvement plan does not address the criteria established in paragraph (1)(a) or is not submitted in accordance with this rule is not approved, 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 shall submit an amended improvement plan within 14 days of 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 to revise an insufficient improvement plan to ensure the improvement plan is sufficient.

(d) A low performing VPK provider must have an approved improvement plan in place for at least 30 60 days prior to receiving an advance payment or offering VPK instruction for the program type for which the provider must submit an improvement plan.

(3) An early learning coalition or school district, as applicable, shall offer to give technical assistance, in a manner and schedule prescribed by the coalition or school district, in developing and implementing an improvement plan to each provider which fails to meet or exceed the minimum kindergarten readiness rate. A provider may elect to receive technical assistance by contacting the coalition or school district, as applicable, in writing. Whether or not a provider elects to receive 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.

Rulemaking Authority 1002.79(2) FS. Law Implemented 1002.67(3)(c)1., 1002.75(3)(a) FS. History–New_________.

 

Proposed Rule 60BB-8.701 is revised as follows:

(1) Probation. An early learning coalition or school district, as applicable, shall place on first 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 or exceed the minimum rates adopted by the State Board of Education as satisfactory under Section 1002.69(6), F.S., for two 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) receives two consecutive kindergarten readiness rates for the same program type (school-year or summer) which fail to meet or exceed the minimum kindergarten readiness rate. Kindergarten readiness rates which fall below the minimum readiness rate are consecutive if the provider does not receive an intervening kindergarten readiness rate which meets or exceeds the minimum readiness rate.

(2) Use of Approved Curriculum. An early learning coalition or school district, as applicable, shall require a VPK provider who has been placed on probation to use a curriculum approved in accordance with Section 1002.67(2)(c), F.S. A VPK provider shall demonstrate that it is using a curriculum approved in accordance with Section 1002.67(2)(c), F.S., including all program materials and professional development activities associated with the approved curriculum, by submitting the following to the early learning coalition or school district, as applicable:

(a) 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

(b) An A notarized attestation 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.

(3) First Year Probation Corrective Action. If a VPK provider is placed on probation under this rule, it shall submit a first year probation progress report electronically through the website http://www.ImproveVPK.org within 30 60 days of the date of adoption of the minimum kindergarten readiness rate by the State Board of Education under Rule 6A-1.099821, F.A.C. The first year probation progress report shall provide information regarding the provider’s progress in implementing its improvement plan approved under Rule 60BB-8.700, F.A.C.

(a) The first year probation progress report shall contain the following information:

1. Identification of and description of the provider’s proposed use of a curriculum approved in accordance with Section 1002.67(2)(c), F.S., the VPK provider shall use in the forthcoming program type, including all associated program materials and professional development activities; and

2. 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 based on the self assessment as defined by Rule 60BB-8.700, F.A.C., and any additional areas a provider deems important to its improvement;

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

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

(b) A provider must submit a first year probation progress report in accordance with this rule at least 30 60 days prior to receiving an advance payment or offering VPK instruction for the same VPK program type (school-year or summer) for which the provider is required to submit an improvement plan.

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

 

Proposed Rule 60BB-8.702 is revised as follows:

(1) Probation. An early learning coalition or school district, as applicable, shall place on second 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 or exceed the minimum 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 means years in which a VPK provider receives kindergarten readiness rates for the same a program type (school year or summer) which fails to meet or exceed the minimum kindergarten readiness rate. Kindergarten readiness rates which fall below the minimum readiness rate are consecutive if the provider does not receive an intervening kindergarten readiness rate which meets or exceeds the minimum readiness rate.

(2) Second Year Probation Corrective Action. If a VPK provider is placed on second year probation, it shall submit a second year probation progress report electronically through the website http://www.ImproveVPK.org within 30 60 days of the date of adoption of the minimum kindergarten readiness rate by the State Board of Education under Rule 6A-1.099821, F.A.C. The second year probation progress report shall provide information regarding the provider’s progress in implementing its improvement plan approved under Rule 60BB-8.700, F.A.C.

(a) The second year probation progress report shall contain the following:

1. A description of the provider’s use of a curriculum approved in accordance with Section 1002.67(2)(c), F.S., including all associated program materials and professional development activities; and

2. 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 based on the self assessment as defined by Rule 60BB-8.700, F.A.C., and any additional areas a provider deems important to its improvement;

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

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

(b) A provider must submit a second year probation progress report in accordance with this rule at least 30 60 days prior to receiving an advance payment or offering VPK instruction for the same VPK program type (school-year or summer) for which the provider is required to submit an improvement plan.

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

 

Proposed Rule 60BB-8.703 is revised as follows:

(1) Except where a provider receives an 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) four consecutive kindergarten readiness rates which fail to meet or exceed the minimum kindergarten readiness rates adopted by the State Board of Education as satisfactory under Section 1002.69(6), F.S., for four 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). Kindergarten readiness rates which fall below the minimum readiness rate adopted by the State Board of Education under Rule 6A-1.099821, F.A.C., are consecutive if the provider does not receive an intervening kindergarten readiness rate which meets or exceeds the minimum readiness rate.

(2) The Agency for Workforce Innovation shall notify the early learning coalition, in writing, to or school district, as applicable, shall remove a private prekindergarten VPK provider from future eligibility to offer new VPK classes of the program type by issuing a Letter of Removal to the provider. The Letter of Removal shall be provided in writing, which may include electronic mail, within 30 days of the adoption of the minimum kindergarten readiness rate by the State Board of Education, with a copy to the Office of Early Learning of the Agency for Workforce Innovation at the following address: Caldwell Building, Suite 100, 107 East Madison Street, MSC 140, Tallahassee, Florida 32399-4128. 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 provider agreements, if applicable, under which the provider would begin a new VPK class for the VPK program type for which the provider has been deemed ineligible.

(3) The 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 and shall provide a copy of such notification to the early learning coalition.

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