The purpose of the revised rule is to update a program definition to align with the VPK accountability rules.

 

DEPARTMENT OF EDUCATION

Florida’s Office of Early Learning

RULE NO.:RULE TITLE:

6M-8.100Definitions

PURPOSE AND EFFECT: The purpose of the revised rule is to update a program definition to align with the VPK accountability rules.

SUMMARY: Relocates provider on probation definition to general rule chapter definitions.

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 Office conducted an economic analysis of the potential impact of the proposed rule amendments and determined that there will be no adverse economic impact or regulatory increases that would require legislative ratification.

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: 1002.51, 1002.53(2), 1002.55, 1002.61(2)(a), 1002.63(2), 1002.66, 1002.67(4), 1002.71(2)(d), 1002.75(2)(a), (c-d) 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 (IF NOT REQUESTED, THIS HEARING WILL NOT BE HELD):

DATE AND TIME: Tuesday, January 5, 2016, 10:00 a.m. ‒ 11:00 a.m. or until the conclusion of business whichever is earlier

PLACE: GoToWebinar; information regarding registration may be found at: http://www.floridaearlylearning.com/oel_resources/rules_guidance_technical_assistance/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: Tara Huls, 250 Marriott Drive, Tallahassee, FL 32399, Telephone: [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: Tara Huls, 250 Marriott Drive, Tallahassee, FL 32399, [phone] or email: [e-mail]

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

6M-8.100 Definitions.

As used in this chapter, the term:

(1) “Absence” means each instructional day that a child does not attend (is absent from) a VPK program.

(2) “Advance payment” is the process of a Voluntary Prekindergarten (VPK) provider choosing to receive an advance payment, prior to providing services, instead of a reimbursement for services rendered as described in subsection 6M-8.205(2), F.A.C.

(3) “Attendance” means an instructional day, either in whole or in part, that a child is present (or attends) a VPK program.

(4) “Coalition” means an early learning coalition created under Section 1002.83, F.S.

(5) “Enrollment” is the final step in the process of entering (or enrolling) a child in the VPK program. It means officially entering the child’s name in the statewide information system as a VPK student associated with a VPK provider.

(6) “Instructional day” means a calendar day that a VPK provider delivers scheduled instruction for the VPK program.

(7) “Instructional hour” means 60 minutes of instructional time that comprises planned activities or experiences implementing a curriculum that enhances a child’s progress in attaining the VPK performance standards adopted in Rule 6M-8.602, F.A.C.

(8) “Parent” has the same meaning as the term defined in Section 1000.21, F.S.

(9) “Program year” means the annual period beginning in one calendar year on the first day that a school-year program may begin instruction under subsection 6M-8.204(3), F.A.C., and ending in the next calendar year on the last day by which a summer program must complete instruction under subsection 6M-8.304(3), F.A.C. A program year is designated by the corresponding calendar years (e.g., 2014-2015, 2015-2016).

(10) “Provider on Probation” is a VPK private provider or public school whose readiness rate is at or below the minimum level established by the Office of Early Learning and incorporated in Rule 6M-8.601, F.A.C.

(11)(10) “School-year program” means a school-year prekindergarten program consisting of 540 instructional hours delivered by a private provider under Section 1002.55, F.S., or by a public school under Section 1002.63, F.S.

(12)(11) “Summer program” means a summer prekindergarten program consisting of 300 instructional hours delivered by a private provider or public school under Section 1002.61, F.S.

(13)(12) “VPK class” means a private provider’s or public school’s prekindergarten class that includes a child in the VPK program.

(14)(13) “VPK program” means the Voluntary Prekindergarten Education program created under Section 1002.53, F.S., and which is organized, designed, and delivered in accordance with Section 1(b) and (c), Article IX of the State Constitution.

(15)(14) “VPK provider” means a provider delivering the VPK school-year program or summer program. There are two types of VPK providers: private prekindergarten providers as defined in Section 1002.51, F.S. and public schools.

(16)(15) “VPK SIS provider” means a provider delivering the VPK specialized instructional services (SIS) program defined in Section 1002.66, F.S.

(17)(16) “VPK site” means the permanent physical location where a private provider or public school delivers instruction for the VPK program.

Rulemaking Authority 1001.213(2), 1002.79 FS. Law Implemented 1002.51, 1002.53(2), 1002.55(2), 1002.61(2)(a), 1002.63(2), 1002.67(4),1002.71(2)(d), 1002.66, 1002.75(2)(a) FS. History–New 1-19-06, Amended 5-24-07, Formerly 60BB-8.100, Amended 3-29-15, __________.

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Tara Huls, Bureau Chief, VPK Program and Policy

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

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: November 30, 2015

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: October 30, 2015