The purpose of the proposed rules is to implement the authority of Florida’s Office of Early Learning to administer the Voluntary Prekindergarten Education (VPK) Program by establishing the processes by which early learning coalitions and VPK ...

 

DEPARTMENT OF EDUCATION
Florida's Office of Early Learning

RULE NO.: RULE TITLE:
6M-8.700: Low-Performing Provider; Voluntary Prekindergarten Education Program Improvement Plan and Implementation; First Year Probation
6M-8.701: Low-Performing Provider; Voluntary Prekindergarten Education Program Second Year Probation
6M-8.702: Low-Performing Provider; Removal From Voluntary Prekindergarten Education Program Eligibility
PURPOSE AND EFFECT: The purpose of the proposed rules is to implement the authority of Florida’s Office of Early Learning to administer the Voluntary Prekindergarten Education (VPK) Program by establishing the processes by which early learning coalitions and VPK providers who fail to achieve minimum kindergarten readiness rates comply with section 1002.67, F.S., including submission and implementation of improvement plans and progress reports and removal of providers from eligibility to offer the VPK Program.
SUMMARY: The proposed rules establish procedures governing administration of the VPK Program by early learning coalitions and school districts for approving improvement plans, for placing providers on probation and requiring corrective actions, and for removing providers from eligibility to deliver the 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 been prepared by the agency.
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 been prepared by the agency.
Regarding rule 6M-8.700, it is estimated that, over the course of five years, this rule will have a total cost impact of approximately $150,300. This estimate is based on a cost of $9 an hour for employee time, an estimate that it will take each impacted provider 2 hours to comply with the requirements of the rule and an estimate of 1,670 impacted providers. The cost impact to each provider would be approximately $18 per provider per year.
Regarding rule 6M-8.701, it is estimated that, over the course of five years, this rule will have a total cost impact of approximately $27,900. This estimate is based on a cost of $9 an hour for employee time, an estimate that it will take each impacted provider 2 hours to comply with the requirements of the rule and an estimate of 310 impacted providers. The cost impact to each provider would be approximately $18 per provider per year.
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: Regarding rule 6M-8.702, a SERC is not required because all costs associated with removing a provider from eligibility to offer the VPK Program are imposed by statute rather than the proposed rule.
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(2) FS.
LAW IMPLEMENTED: 1002.67(4)(c)2.-4. and 1002.75(3)(a)-(c) FS.
A HEARING WILL BE HELD AT THE DATE, TIME AND PLACE SHOWN BELOW:

DATE AND TIME: November 27, 2012, 2:00 p.m. - 3:00 p.m.

PLACE: Florida’s Office of Early Learning, 250 Marriott Dr., Tallahassee, FL 32399 or via WebEx which may be accessed at the following website: http://www.floridaearlylearning.com
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 hours before the workshop/meeting by contacting: Ed Hoover [phone]. 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: Stephanie Savestanan, Policy Director, Florida’s Office of Early Learning, 250 Marriott Dr., Tallahassee, Florida 32399, [phone]

THE FULL TEXT OF THE PROPOSED RULE IS:

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

(1) Probation. 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 or summer) adopted by the State Board of Education as satisfactory under s. 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 or a staff development plan 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 s. 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; and

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 subparagraphs (1)(a) and (b) 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 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 Department of Education posts the 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 (1), 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 (1). 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 providers on probation, 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 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.

(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 s. 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, 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. Copies of certificates evidencing successful training completion for VPK staff consistent with the staff development plan in accordance with s. 1002.67(4)(c)2-3., F.S; and

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

Rulemaking Authority 1002.79(2) FS. Law Implemented 1002.67(4)(c)2.-3., 1002.75(3)(a)-(b) FS. History–New_________.

 

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

(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 s. 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.

(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 Department of Education posts the 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 s. 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 6M-8.700(1)(a) and (4); and

2. Identification and description of the provider’s action steps in the additional targeted area(s) as described in 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 1002.79(2) FS. Law Implemented 1002.67(4)(c)2.-3., 1002.75(3)(b) FS. History–New________.

 

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 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 s. 1002.69(6), F.S., for three consecutive years. For the purpose of this rule, consecutive years has the same meaning as defined in 6M-8.701(1).

(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 Letter of Removal to the provider. 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;

(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;

(3) Notification of Removal to Public School VPK Providers. The 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 and shall provide a copy of such notification to the early learning coalition.

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

NAME OF PERSON ORIGINATING PROPOSED RULE: Stephanie Savestanan, Policy Director, Florida’s Office of Early Learning
NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Mel Jurado
DATE PROPOSED RULE APPROVED BY AGENCY HEAD: October 25, 2012
DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: November 2, 2012