The purpose of the proposed rule is to implement the accountability requirements of the Voluntary Prekindergarten Education Program (VPK). The rule describes the calculation of the statewide provider readiness rate and establishes how these rates ...

 

DEPARTMENT OF EDUCATION

Florida’s Office of Early Learning

RULE NO.:RULE TITLE:

6M-8.601Voluntary Prekindergarten (VPK) Provider Kindergarten Readiness Rate

PURPOSE AND EFFECT: The purpose of the proposed rule is to implement the accountability requirements of the Voluntary Prekindergarten Education Program (VPK). The rule describes the calculation of the statewide provider readiness rate and establishes how these rates impact new owners.

SUMMARY: The rule establishes the calculation of the readiness rate that a VPK provider must reach in order to meet accountability standards and criteria establishing the consequences for when VPK providers fail to meet the readiness rate. Also establishes how readiness rates are binding on new owner after a change in ownership.

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 if 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 do not establish any new requirements on providers or individuals and are expected to impact fewer providers or individuals than the current rule regarding VPK Readiness Rates.

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: 1002.69(5), (6), 1002.79 FS.

LAW IMPLEMENTED: 1002.69(5), (6) 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: January 14, 2016, 11:30 a.m. ‒ 12:30 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-8.601 Voluntary Prekindergarten (VPK) Provider Kindergarten Readiness Rate.

(1) Purpose. The purpose of this rule is to implement the requirements of Section 1002.69, F.S.

(2) Accuracy of Data.

(a) Prior to the calculation of the final VPK Provider Kindergarten Readiness Rate, as described in subsection (3) of this rule, private and public school VPK providers shall have the opportunity to review a preliminary readiness rate which includes a cumulative list of all of the children served in their program and the total number of hours they attended.

(b) If a private or public provider disputes the accuracy of the cumulative list of VPK participants or the total number of hours the VPK participants attended when such change would result in their inclusion or exclusion in the calculation of the VPK Provider Kindergarten Readiness Rate, as measured by the threshold of seventy (70) percent, as described in subparagraph (3)(a)1., of this rule, the provider may submit corrective information on Form OEL-VPK 28 (January 2016), VPK Provider Kindergarten Readiness Rate Dispute, to the Office of Early Learning Department of Education within the review period described below after publication of the cumulative list on the Office’s VPK readiness rate Department’s website (vpk.fldoe.org). The sole method of submitting this form will be through the Office’s VPK readiness rate website. The Department, in collaboration with Florida’s Office of Early Learning and the respective Early Learning Coalition, shall review the corrective information and accept or reject the requested corrective information within the review period described below. Form OEL-VPK 28 (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].

(c) If a private or public school provider disputes the accuracy of the preliminary VPK Provider Kindergarten Readiness Rate as published on the Office’s Department’s website or if a private provider disputes ownership at the time of the 2009-10 VPK program, the provider may file a dispute on the Office’s Department’s website and submit documentation to the Office Department for its review and consideration after publication of the preliminary rate. This review period shall be at least less than twenty-one (21) days following publication of the preliminary readiness rate. The Office and the respective Early Learning Coalition Department shall review and accept or reject any changes to the data within fourteen (14) days after the close of the review period. The VPK Provider Kindergarten Readiness Rate will be recalculated in accordance with the method described in subsection (3) of this rule.

(3) Criteria for Inclusion in and Calculations of the VPK Readiness Rate.

(a) After the conclusion of the review of the data described in subsection (2) of this rule, the Office Department shall calculate the Kindergarten Readiness Rate for each private or public school VPK provider of either the school year (five hundred forty (540) hour) or summer (three hundred (300) hour) program that served at least four (4) children who:

1. Attended the VPK program for seventy (70) percent or more of the total number of instructional hours; and

2. Are matched to a valid score on both of the kindergarten screening measure.

(b) Calculation of the VPK readiness rate:

1. Kindergarten student scores on the Florida Assessments for Instruction in Reading (FAIR) assessment administered during the first thirty (30) days of the school year must demonstrate a probability of reading success of .67 or high to be considered “ready for kindergarten.” Kindergarten student scores on the Work Sampling System (WSS) Early Childhood Observation System (ECHOS) must indicate that these skills are the student is either “In Progress” or “Proficient” “emerging/progressing” or “demonstrating” to be considered “ready for kindergarten.” In order for a provider to be considered to have successfully administered the VPK program, the provider must have seventy (70) percent of children ready using the calculation in this section. A provider failing to meet this standard will be placed on probation.

2. The “Percent of Children Ready for Kindergarten” shall be calculated as the number of “Children Ready for Kindergarten” on the both screening measures divided by the total number of “Children in the Readiness Rate Calculation” “Children Screened” meeting the requirements set by the State Board of Education in subparagraphs (3)(a)1. and (3)(a)2., of this rule.

(c) If a private or public school provider does not meet the criteria described above, information as to why the provider was not included in the VPK Provider Readiness Rate calculation shall be displayed on the VPK Provider Profile required by Section 1002.53(5), F.S.

(d) The Department shall publish each VPK program provider’s readiness rate.

(4) VPK Provider Kindergarten Readiness Rates. VPK Provider Kindergarten Readiness Rates shall be binding on new private VPK owners if the change of ownership occurred at a point in time in which seventy (70) percent or more of the VPK school-year or summer program remained for that program type. For the purpose of this rule, a change of ownership does not include the sale or transfer to family members or persons with a pre-existing ownership interest in the business.

(a) Where a change of ownership has occurred and a person with previous ownership interest maintains a business or employment interest in the business, that provider shall be bound to the readiness rates attributed to the provider prior to the change of ownership.

(b)When no sale occurs and a provider closes and a new entity opens as a VPK provider at the same location and the previous owner has an interest, either ownership or employment in the new entity, the previous readiness rates shall be binding on the new provider.

(c) In the event that a provider changes the physical location of the provider, the previous readiness rates shall be binding on that provider regardless of a change in address, name, or child care license number.

(d) In the event that the provider is sold to a person who was employed by the business within the last two (2) years prior to the sale, the previous readiness rates shall be binding on the provider.

(5) Providers Placed on Probation. If the readiness rate of a private or public VPK provider falls below the minimum rate adopted by the Office State Board, the provider shall be placed on probation and,-- notified of such each designation. by the Department, and The provider shall acknowledge such designation on the Office’s Department’s readiness rate website within twenty-one (21) days of the release of the final readiness rates. State Board of Education’s adoption of the minimum readiness rate.

(a) As a result of the calculation of readiness rates, providers on probation will fall into one of the following status categories:

1. Provider on Probation, Year 1 (POP1). POP1 are defined and subject to Rule 6M-8.700, F.A.C.

2. Provider on Probation, Year 2 (POP2). POP2 are defined and subject to Rule 6M-8.701, F.A.C.

3. Provider on Probation, Year 3 (POP3) or higher. POP3 or higher defined and subject to Rule 6M-8.701, F.A.C. and Rule 6M-8.603. Depending upon the outcome of a good cause exemption application, a provider in this status may be subject to Rule 6M-8.702.

4. Provider on Probation without a current readiness rate. A provider who was previously on probation but did not receive a readiness rate in the following year remains as a provider on probation in the same year status (i.e., POP1, POP2, etc.).

Rulemaking Authority 1002.69(5), (6), 1002.79 FS. Law Implemented 1002.69(5), (6) FS. History–New 6-3-07, Amended 1-16-08, 1-5-09, 12-15-09, 10-25-10, 5-10-12,_______, Formerly 6A-1.099821.

 

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: 12/15/2015

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: 11/17/2015