The purpose of the proposed rule revisions is to clarify probation status in specific circumstances that are beyond a VPK provider’s control.

 

DEPARTMENT OF EDUCATION

Florida’s Office of Early Learning

RULE NOS.:RULE TITLES:

6M-8.603Voluntary Prekindergarten (VPK) Provider Placed on Probation and Required to Apply for a Good Cause Exemption

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-8.702Removal From Voluntary Prekindergarten Education Program Eligibility

PURPOSE AND EFFECT: The purpose of the proposed rule revisions is to clarify probation status in specific circumstances that are beyond a VPK provider’s control.

SUMMARY: The rules implement the accountability requirements of the Voluntary Prekindergarten Education Program (VPK).

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’s economic analysis of the adverse impact or potential regulatory costs of the proposed rule revisions did not exceed any of the criteria established in Section 120.541(2)(a), Florida Statutes. A SERC is not required because the rule revisions establish that probation activities are suspended in specific circumstances and does require any additional duties on providers or individuals.

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), 1002.69(7), 1002.79 FS.

LAW IMPLEMENTED: 1002.67(4), 1002.69(7), 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: December 28, 2015, 1:30 p.m. ‒ 2:30 p.m. or at the conclusion of business whichever is earlier.

PLACE: via 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, [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, [phone]

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

6M-8.603 Voluntary Prekindergarten (VPK) Provider Placed on Probation and Required to Apply for a Good Cause Exemption.

Pursuant to Section 1002.69, F.S., the Office of Early Learning, upon request of a private prekindergarten provider or public school that remains on probation for two (2) consecutive years or more and subsequently fails to meet the minimum rate adopted under Section 1002.69(6), F.S., and for good cause shown may grant to the provider or school an exemption from being determined ineligible to deliver the Voluntary Prekindergarten Education Program and receive state funds for the program.

(1) Provider on Probation.

(a) A provider on probation is defined as a VPK 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.

(b) A provider on probation remains on probation until it meets the minimum rate adopted by the Office as satisfactory under Section 1002.69(6), F.S., and is subject to all requirements of probationary status.

(1)(2) Good Cause Exemption Application Requirements. A provider must meet the following criteria to apply for a good cause exemption:

(a) The provider must acknowledge on Provider Acknowledgement, Form OEL-VPK 05A (January Feb. 2016 2015), Provider Acknowledgement, being placed on probation in accordance with Rule 6M-8.700, F.A.C. and that the provider will, if it remains on probation for two (2) consecutive years or more and subsequently fail to meet the minimum rate, be required to apply for a good cause exemption. The provider must complete the acknowledgement within twenty-one (21) days of posting of the final VPK readiness rates by the Office of Early Learning on the VPK readiness rate website, http://vpk.fldoe.org. Form OEL-VPK 05A (Feb. 2015) is incorporated by reference. A copy of the form may be obtained as provided in Rule 6M-8.900, F.A.C. or at [INSERT FAR LINK]http://www.flrules.org/Gateway/reference.asp?No=Ref-05183.

(b) The provider must adhere to all requirements of probation associated with having not met the readiness rate.

(c) The provider must assess each child enrolled in their program in accordance with paragraph (2)(3)(a) of this rule.

(2)(3) Criteria for Granting Good Cause Exemptions. Each of the following criteria must be met to be granted a good cause exemption:

(a) Learning Gains. The private prekindergarten provider or public school must demonstrate learning gains meeting the following criteria:

1. Providers must utilize the pre- and post- assessment, the Florida VPK Assessment, approved by the State Board of Education in Rule 6A-1.09433, F.A.C. (March 2015), and administered consistent with the requirements of Rules 6M-8.620 and 6A-1.09433, F.A.C., is incorporated by reference and a copy of the rule may be obtained as provided in Rule 6M-8.900, F.A.C. or at: http://www.flrules.org/Gateway/reference.asp?No=Ref-05178. Data submitted for VPK program year 2010-2011 may be an assessment other than referenced here.

2. Data must be provided for the three most recent years of being placed on probation. Assessment results for all program completers who were assessed shall be included.

3. The results of the assessment shall demonstrate substantial and appropriate learning gains by program completers. Learning gains are substantial and appropriate if the ratio of students making learning gains to the total number of students assessed is seventy (70) percent or greater.

(b) Health and Safety Requirements. Pursuant to Section 1002.69(7)(d), F.S., a good cause exemption may not be granted to any private prekindergarten provider that has any Class I violations or two or more Class II violations within the two (2) years preceding the provider’s or school’s application for the exemption. For purposes of this rule, Class I violations and Class II violations have the same meaning as provided in subsection 65C-22.010(1) (August 2013) and Rule 65C-22.010, F.A.C., is incorporated by reference and a copy of the rule may be obtained as provided in Rule 6M-8.900, F.A.C. or at: http://www.flrules.org/Gateway/reference.asp?No=Ref-05179.

(c) Individual Circumstances. Extraordinary or unique circumstances under which the provider should be allowed to continue to deliver the Voluntary Prekindergarten Education Program after remaining on probation for two (2) consecutive years and failing to meet the minimum readiness rate adopted by the Office under Section 1002.69, F.S.

(d) Adherence to the Improvement Plan. Following all steps under Section 1002.67(4)(c), F.S., towards improvement specified in the plan including the use of an Office-approved curriculum or the staff development plan approved by the Office.

(34) Application. A provider seeking a good cause exemption shall complete the Office’s VPK Good Cause Exemption Application Form OEL-VPK 30VPK-GCE-02, January 2015 November 2014 found at: [insert FAR link] http://www.flrules.org/Gateway/reference.asp?No=Ref-05177, which is incorporated by reference herein. The sole method of submitting this form will be through the Office’s wWeb site at: https://vpk.fldoe.org. The submission of an application for a good cause exemption must adhere to the following:

(a) The provider may submit additional documentation in support of its application. The Office may request additional documentation for verification of eligibility.

(b) A provider who fails to meet the minimum readiness rate after having been placed on probation for two (2) consecutive years may submit a good cause exemption application after the release of the final VPK readiness rate. Supporting documentation submitted with the application must include a review of adherence to the provider improvement plan, fidelity of implementation of the required curriculum or staff development plan as explained in paragraph (2)(3)(d) above. The good cause exemption application and all supporting documentation must be received by the Office no later than fourteen (14) days after the deadline for filing the provider acknowledgment of failing to achieve the minimum readiness rate submitted pursuant to Rule 6M-8.601, F.A.C.

(c) The Office may grant an extension of time for submitting the good cause exemption application or supporting documentation for good cause shown. Good cause includes unavoidable circumstances such as illness or natural disaster, or excusable neglect.

(4)(5) Office Review and Recommendation.

(a) Eligibility. The Office shall review each application for a good cause exemption to verify that the provider is eligible to apply. The Office shall deny any application that is submitted by a provider who does not meet the criteria described in paragraphs (1)(2)(b) or (1)(2)(c) of this rule, without further review.

(b) The Office will review each application for a good cause exemption filed by an eligible provider. The Office may include outside consultants in the review process. The Office may request additional information from providers to supplement provider applications to address deficiencies identified by the Office with respect to demonstrated learning gains, health and safety requirements, extraordinary or unique circumstances or adherence to the provider’s improvement plan and may consider additional relevant documentation gathered or received by the Office from any source. The Office shall allow the provider an opportunity to rebut any evidence considered that was not submitted by the provider.

(c) The Office will consider each application individually and shall include in its review:

1. Whether the provider met the criteria described in subsection (1)(2) of this rule;

2. Whether the provider was previously granted a good cause exemption;

3. The readiness rates of other providers in comparable circumstances, if such information is available and relevant;

4. Whether the circumstances warrant granting the request for a good cause exemption; and

5. Whether any conditions should be imposed upon the grant of a good cause exemption.

(d)1. The Office shall issue a preliminary recommendation and provide a copy of it to the provider.

2. The provider may submit a written response to the Office’s preliminary recommendation and report within fourteen (14) days of receipt.

3. The Office shall consider any timely response and revise the recommendation if appropriate.

(5)(6) Final Determination.

(a) The Office will make its final determination regarding each application submitted and notify the applicant and the coalition or school district.

(b) Any provider granted a good cause exemption shall continue to implement its improvement plan and continue the corrective actions required under Section 1002.67(4)(c)2., F.S. Any exemption granted is valid for one (1) year and may be renewed through the same application process.

(6) In the event that the Office is unable to calculate an annual statewide readiness rate as described in Section 1002.69(5), F.S., notwithstanding sections (1) through (5) of this rule, the following shall apply to a provider who had received a good cause exemption in the immediately prior year:

(a) The provider shall not be required to submit an application for a good cause exemption for the year for which no rate was calculated;

(b) The provider shall continue to be eligible to participate as a VPK program provider, except for those providers that, pursuant to Section 1002.69(7)(d), F.S., have had any Class I violations or two or more Class II violations within the two (2) years preceding the initiation of the school year or summer program; and

(c) Upon resumption of statewide kindergarten screening and calculation of the kindergarten readiness rate the provider’s number of years of consecutive probation and good cause exemption status immediately prior to the suspension of those activities shall be considered when calculating whether the provider shall continue to be required to comply with the requirements of this rule.

Rulemaking Authority 1001.213(2), 1002.79, 1002.69(7) FS. Law Implemented 1002.67(4), 1002.69(7) FS. History–New 3-24-11, Amended 5-10-12, Formerly 6A-1.099824, Amended 4-12-15 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 they 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 or summer) adopted by the Office of Early Learning 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 website per Rule 6M-8.604, F.A.C., or a staff development plan available from the Office of Early Learning per Rule 6M-8.605, F.A.C., as a target 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), F.S. The Office’s website is: http://www.floridaearlylearning.com/providers/provider_resources/vpk_curriculum.aspx.

(b) Additional Target Areas. A VPK provider on probation must select a minimum of one of the following additional areas 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 target 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 posts the final readiness rates.

(b) An early learning coalition or school district, as applicable, shall approve 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 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 with 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 the initial disapproved improvement plan to address the criteria in paragraphs (1)(a)-(c).

(3) Prior to offering the VPK program, a provider on probation must demonstrate that it is implementing its improvement plan by using an approved curriculum or a staff development plan in accordance with Section 1002.67(4)(c), 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 of Department of Children and Families (DCF) transcripts evidencing successful training completion for VPK staff consistent with the staff development plan in accordance with Section 1002.67(4)(c), F.S; and

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

(4) On Form OEL-VPK 05A (January 2016), Provider Acknowledgement, the provider must acknowledge being placed on probation and that if the provider remains on probation for two (2) consecutive years or more and subsequently fails to meet the minimum readiness rate, the provider will be required to apply for a good cause exemption. The provider must complete the acknowledgement within twenty-one (21) days of the posting of the final VPK readiness rates by the Office of Early Learning on the VPK readiness rate website, http://vpk.fldoe.org. Form OEL-VPK 05A (January 2016) is hereby incorporated by reference. A copy of the form may be obtained as provided in Rule 6M-8.900, F.A.C. or at [INSERT FAR LINK].

(5) In the event that the Office is unable to calculate an annual statewide readiness rate as described in Section 1002.69(5), F.S., notwithstanding subsections (1) through (2) of this rule, the following shall apply to a provider who has completed one year of probation:

(a) The provider may suspend its improvement plan provided the plan was approved and implemented as required by subsections (2) and (3) of this rule;

(b) The provider shall not be required to submit an annual probation progress report; and

(c) Upon resumption of statewide kindergarten screening and calculation of the kindergarten readiness rate the provider’s number of years of consecutive probation immediately prior to the suspension of those activities shall be considered when calculating whether the provider shall continue to be required to comply with the requirements of this rule.

Rulemaking Authority 1001.213, 1002.79 FS. Law Implemented 1002.67(4)(c), 1002.75(3)(a)-(b) FS. History–New 3-26-13, Amended 2-2-15,_____.

 

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 they 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 readiness rates adopted by the Office of Early Learning 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 posts the final 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 target 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 target areas; and

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

(3) The provider must complete the provider acknowledgement on Form OEL-VPK 05A (January 2016) in accordance with Rule 6M-8.700, F.A.C. A copy of the form may be obtained as provided in Rule 6M-8.900, F.A.C. or at [INSERT FAR LINK]

(4) In the event that the Office is unable to calculate an annual statewide readiness rate as described in Section 1002.69(5), F.S., notwithstanding subsections (1) through (2) of this rule, the following shall apply to a provider who has completed two or more years of probation:

(a) The provider may suspend its improvement plan provided the plan was approved and implemented as required by Rule 6M-8.700(2) and (3), F.A.C.;

(b) The provider shall not be required to submit an annual probation progress report; and

(c) Upon resumption of statewide kindergarten screening and calculation of the kindergarten readiness rate the provider’s number of years of consecutive probation immediately prior to the suspension of those activities shall be considered when calculating whether the provider shall continue to be required to comply with the requirements of this rule.

Rulemaking Authority 1001.213, 1002.79 FS. Law Implemented 1002.67(4)(c)2., 1002.75(3)(b) FS. History–New 3-26-13, Amended 2-2-15,__________.

 

6M-8.702 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 the provider receives kindergarten readiness rates for the same program type (school-year or summer) that for three consecutive years fail to meet the minimum kindergarten readiness rates adopted by the Office of Early Learning under Section 1002.69(6), F.S., 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. The coalition shall 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, 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 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, 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) The date upon which the provider was deemed ineligible to offer the program type in the future; and

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

(4) In the event that the Office is unable to calculate an annual statewide readiness rate as described in Section 1002.69(5), F.S., notwithstanding paragraphs (1)(a) and (b) of this rule, the following shall apply:

(a) A provider who failed to meet the minimum readiness rate for the prior two years may continue to offer VPK classes; and

(b) The provider shall not be required to submit an application for a good cause exemption for the year for which no rate was calculated; and

(c) Upon resumption of statewide kindergarten screening and calculation of the kindergarten readiness rate the provider’s number of years of consecutive probation and good cause exemption status immediately prior to the suspension of those activities shall be considered when calculating the provider’s continued eligibility to offer VPK classes.

Rulemaking Authority 1001.213, 1002.79 FS. Law Implemented 1002.67(4)(b)-(c), 1002.75(3)(c) FS. History–New 3-26-13, Amended 2-2-15,____________.

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Tara Huls, Bureau Chief, VPK Program and Policy, Office of Early Learning, 250 Marriott Dr., Tallahassee, Florida 32399, [phone]

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

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: 11/25/15

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: 9/29/15