The purpose of the proposed rule revision is to standardize and clarify certain health and safety standards for all School Readiness Program providers pursuant to statutory and federal mandate.

 

DEPARTMENT OF EDUCATION

Florida’s Office of Early Learning

RULE NO.:RULE TITLE:

6M-4.620Health and Safety Checklists

PURPOSE AND EFFECT: The purpose of the proposed rule revision is to standardize and clarify certain health and safety standards for all School Readiness Program providers pursuant to statutory and federal mandate.

SUMMARY: The revised rule further aligns health, safety and training standards to currently existing standards for licensed child care programs and provides additional clarification for providers of the school readiness program regarding implementation and intent of standards previously adopted.

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 proposed rule revisions do not have a significant impact on the current minimum health and safety standards or inspections process for the School Readiness Program, as most of the revisions merely clarify existing standards. Therefore, the proposed revisions do not have a positive nor negative cost impact.

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), 1002.82(2)(i),(t)-(w), FS.

LAW IMPLEMENTED: 1002.82(2)(i),(t)-(w) and 1002.88(1)(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: December 16, 2016, 11:30 a.m. – 1:00 p.m. EST, 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/laws_and_rules/proposed_rules.aspx

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: Katerina Maroney [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: Katerina Maroney, School Readiness Policy Supervisor, Office of Early Learning, 250 Marriott Dr., Tallahassee, Florida 32399, [phone]

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

6M-4.620 Health and Safety Checklists and Inspections.

(1) Inspections.

(a) All school readiness providers must address basic health and safety of their program(s) and facilities, and shall allow the Department of Children and Families or local licensing agency, whichever is applicable, the ability to inspect all program premises, including access to facilities, personnel and records, to monitor and verify compliance with school readiness health, safety, and training standards, pursuant to sections 402.311(2) and 1002.82(2)(i), F.S.

(b) Prior to participation in the school readiness program, and annually thereafter, each school readiness program facility shall be inspected for compliance with the requirements of section 1002.88, F.S., and minimum standards contained within the provider-type specific health and safety checklist and corresponding handbook adopted under this rule. Annual inspections shall be unannounced and shall take place within the contract year at a time as scheduled by the department or local licensing agency (as applicable). The process for such inspections can be found in each of the corresponding handbooks for the provider-type specific checklists adopted under this rule.

(c) Within seven (7) days of receipt, each school readiness provider that is a registered family day care home or is not subject to licensure or registration by the Department of Children and Families must post the results of their most recent health and safety checklist inspection, as verified by the Department or local licensing agency (as applicable), in a conspicuous location easily accessible to parents. Providers must also submit a copy of the results of the health and safety checklist inspection to their local early learning coalition. The results of the health and safety checklist inspection may be submitted to the coalition electronically.

(2) Checklist(s) and Handbook(s).

(a) Licensed child care providers, faith-based child care providers (religious-exempt), and all other child care facilities who are contracted pursuant to Rule 6M-4.610 to provide school readiness services must comply with the standards outlined in Form OEL-SR-6201 (February 2017 October 2016) entitled “School Readiness Program Health and Safety Checklist for Licensed, License-Exempt, and School-Age Center-based Programs” and the corresponding Form OEL-SR-6202 (February 2017 October 2016) entitled “School Readiness Program Health and Safety Standards Handbook for Licensed, License-Exempt, and School-Age Center-based Programs,” each incorporated by reference.

(b) Public and non-public schools who are contracted pursuant to Rule 6M-4.610 to provide school readiness services must comply with the standards outlined in Form OEL-SR-6203 (February 2017 October 2016) entitled “School Readiness Program Health and Safety Checklist for Public and Non-public School Programs” and the corresponding Form OEL-SR-6204 (February 2017 October 2016) entitled “School Readiness Program Health and Safety Standards Handbook For Public and Non-public School Programs,” each incorporated by reference.

(c) Informal child care providers, Large Family Child Care Homes, and Family Day Care Homes, whether licensed or registered, who are contracted pursuant to Rule 6M-4.610 to provide school readiness services must comply with the standards outlined in Form OEL-SR-6205 (February 2017 October 2016) entitled “School Readiness Program Health and Safety Checklist for Family Child Care Homes and Informal Providers” and the corresponding Form OEL-SR-6206 (February 2017 October 2016) entitled “School Readiness Program Health and Safety Standards Handbook for Family Child Care Homes and Informal Providers,” each incorporated by reference.

(d) Form OEL-SR-6207 (October 2016), entitled “In-Service Training Record,” and Form OEL-SR-6208 (October 2016), entitled “Child Abuse and Neglect Reporting Requirements,” are each incorporated by reference.

(e) Each form listed in the above paragraphs is available on the Office of Early Learning website at www.floridaearlylearning.com or by contacting the Office of Early Learning, Department of Education, 250 Marriott Drive, Tallahassee, Florida. The incorporated forms are also available at http://flrules.org/Gateway/reference.asp?No=Ref-07457.

(3) Enforcement. Any issue of noncompliance with the standards outlined in the provider-type specific health and safety checklist(s) or corresponding handbook(s), as identified by the Department of Children and Families or local licensing agency (as applicable), will be forwarded to the appropriate early learning coalition for corrective action, probation, or termination in accordance with enforcement procedures outlined in the corresponding provider-type specific handbook and the Statewide Provider Contract for the School Readiness Program adopted pursuant to Rule 6M-4.610.

(4) Compliance.

(a) All school readiness program providers must be in compliance with the active credential requirements outlined for group size no later than 24 months from the date of enactment of this rule.

(b) All school readiness program providers must be in compliance with preservice training requirements of this rule no later than March 31, 2017.

(c) All school readiness program providers must be in compliance with all other requirements of this rule no later than June 30, 2017.

(5) The following documents and forms are also incorporated by reference as part of this rule:

(a) Title 16 CFR, Parts 1219 and 1220 (January 2016 Edition) [http://www.flrules.org/Gateway/reference.asp?No=Ref-07458].

(b) School Entry Health Exam, Florida Department of Health Form DH 3040-CHP (July 2013) [http://www.flrules.org/Gateway/reference.asp?No=Ref-07458].

(c) Florida Certification of Immunization, Florida Department of Health Form DH 680 (July 2010), Part A-1, B, or C [http://www.flrules.org/Gateway/reference.asp?No=Ref-07458].

(d) Religious Exemption from Immunization, Florida Department of Health Form DH 681 (July 2008) [http://www.flrules.org/Gateway/reference.asp?No=Ref-07458].

(e) Immunization Guidelines – Florida Schools, Childcare Facilities and Family Daycare Homes, Florida Department of Health Form DH 150-615 (March 2013) [http://www.flrules.org/Gateway/reference.asp?No=Ref-07458].

(f) Center for Disease Control guidelines for handwashing (May 2015) [http://www.flrules.org/Gateway/reference.asp?No=Ref-07458].

(g) USDA Child and Adult Care Food Program Guidelines (April 2016) [http://www.flrules.org/Gateway/reference.asp?No=Ref-07458].

(h) USDA MyPlate Guidelines (January 2016) [http://www.flrules.org/Gateway/reference.asp?No=Ref-07458].

(i) Child Abuse & Neglect Reporting Requirements, form CF-FSP 5337 (October 2012) [http://www.flrules.org/Gateway/reference.asp?No=Ref-07458].

(j) Background Screening & Personnel File Requirements, form CF-FSP 5131 (July 2012) [http://www.flrules.org/Gateway/reference.asp?No=Ref-07458].

(k) In-Service Training Record – Child Care Facility, form CF-FSP 5268 (July 2012) [http://www.flrules.org/Gateway/reference.asp?No=Ref-07458].

(l) In-Service Training Record – Family Day Care Home, form CF-FSP 5268A (March 2009) [http://www.flrules.org/Gateway/reference.asp?No=Ref-07458].

(m) Each form listed above is available on the Office of Early Learning website at www.floridaearlylearning.com or by contacting the Office of Early Learning, Department of Education, 250 Marriott Drive, Tallahassee, Florida. The incorporated forms are also available at the link following the associated form name.

Rulemaking Authority 1001.213(2), 1002.82(2)(i),(t)-(w), 1002.88(1)(c) FS. Law Implemented 1002.82(2)(i),(t)-(w) and 1002.88(1)(c), FS. History–New 7-1-14. Amended 10-24-16,____________.

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Katerina Maroney, School Readiness Policy Supervisor,

NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Rodney J. MacKinnon, Executive Director

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: November 22, 2016

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: November 3, 2016