The purpose of the proposed rulemaking is to establish the required qualifications of substitute instructors for the Voluntary Prekindergarten Education (VPK) Program and to define the circumstances and time limits for which a VPK provider may ...  


  • RULE NO: RULE TITLE
    60BB-8.410: Voluntary Prekindergarten Program Substitute Instructors
    PURPOSE AND EFFECT: The purpose of the proposed rulemaking is to establish the required qualifications of substitute instructors for the Voluntary Prekindergarten Education (VPK) Program and to define the circumstances and time limits for which a VPK provider may assign a substitute instructor to a VPK classroom.
    SUMMARY: The proposed rulemaking addresses the qualifications of substitute instructors for the school-year and summer VPK program types and establishes the circumstances and time limits for which a VPK provider may assign a substitute instructor to a VPK classroom.
    SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS: No Statement of Estimated Regulatory Cost was prepared.
    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.
    SPECIFIC AUTHORITY: 411.01(4)(d)8., 411.01(4)(e) FS.
    LAW IMPLEMENTED: 411.01(4)(d)8., 411.01(4)(j) FS.
    A HEARING WILL BE HELD AT THE DATE, TIME AND PLACE SHOWN BELOW:
    DATE AND TIME: March 11, 2009, 3:00 p.m. – 5:00 p.m.
    PLACE: TCC Capitol Center, 300 W. Pensacola Street, Tallahassee, FL 32312
    THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Kristin R. Harden, Assistant General Counsel, Agency for Workforce Innovation, Office of General Counsel, 107 East Madison Street, M.S.C. #110, Tallahassee, Florida 32399-4128, (850)245-7150

    THE FULL TEXT OF THE PROPOSED RULE IS:

    60BB-8.410 Voluntary Prekindergarten Education Program Substitute Instructors.

    (1) As used in this rule, the term “credentialed instructor” means a prekindergarten instructor who has the credentials required under Sections 1002.55(3)(c), 1002.55(4), or 1002.61(4), F.S.

    (2) Qualifications. Voluntary Prekindergarten (VPK) substitute instructors must be of good moral character and be screened using the level 2 screening requirements in Section 435.04, F.S. before employment as a private VPK substitute instructor. In addition, a private VPK substitute instructor must meet the following requirements:

    (a) Has successfully completed one or more of the following before employment as a VPK substitute instructor:

    1. In a school year VPK program class:

    a. An associate’s or higher degree in any field of study;

    b. A 40-clock-hour introductory course in child care for child care personnel of a child care facility which is approved by the Department of Children and Family Services under Section 402.305(2)(d)1., F.S.;

    c. A 40-clock-hour introductory course in group child care for an operator of a large family child care home which is approved by the Department of Children and Family Services under Section 402.3131(3), F.S.; or

    d. A 30-clock-hour introductory course in child care for an operator of a family day care home which is approved by the Department of Children and Family Services under Section 402.313(4), F.S.

    e. A school district’s requirements to be employed as a substitute teacher as adopted by each school district under Section 1012.35, Florida Statutes.

    2. In a summer VPK program class:

    a. An associate’s or higher degree in any field of study;

    b. A child development associate (CDA) credential issued by the National Credentialing Program of the Council for Professional Recognition; or

    c. A credential approved by the Department of Children and Family Services as being equivalent to or greater than the national CDA.

    (b) Has met the qualifications of a credentialed instructor.

    (3) Circumstances. A VPK provider may assign a substitute instructor when a credentialed instructor is absent from the provider’s premises. A substitute instructor may not be assigned when a credentialed instructor remains on the provider’s premises in order to offer instruction in a classroom other than the one to which the credentialed instructor is assigned.

    (4) Time limitation. Substitute instructors may not be assigned to substitute for an absent credentialed instructor in excess of 30 percent of the program hours. A new credentialed instructor must be assigned to replace the absent instructor in the event the absence of the credentialed instructor will exceed 30 percent of the program hours.

    (a) A VPK provider shall maintain a record of the number of hours a substitute instructor has been assigned to each VPK classroom.

    (b) Records created under paragraph (4)(a) shall be maintained by the VPK provider for a minimum of 1 year and shall be made available for inspection to the VPK provider’s early learning coalition or the Agency during normal hours of operation, and shall submit a copy of the documenation to the coalition upon request.

    (5) Before the close of business on the day a substitute instructor is assigned, a VPK provider must provide the following information to its coalition in a manner established by the coalition:

    (a) The name of the substitute instructor;

    (b) The VPK class to which the substitute instructor is assigned;

    (c) Documentation demonstrating that the substitute instructor has a current level 2 background screening and applicable credentials; and

    If a particular substitute instructor is assigned to the same VPK classroom on consecutive business days, a VPK provider is not required to resubmit the information on each of the consecutive business days.

    (6) Nothing in this rule shall be considered to supersede employment requirements for instructional personnel in public schools which are more stringent than the requirements of this rule. This exception shall not be construed to permit employment of substitute instructors for time periods greater than those enumerated in this rule.

    Specific Authority 1002.55(3)(e), 1002.61(6), 1002.63(7), 1002.79(2) FS. Law Implemented 1002.55(3)(e), 1002.61(6), 1002.63(7) FS. History–New________.


    NAME OF PERSON ORIGINATING PROPOSED RULE: Kristin R. Harden
    NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Barbara Griffin
    DATE PROPOSED RULE APPROVED BY AGENCY HEAD: February 11, 2009
    DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAW: December 12, 2008, Vol. No. 34/50

Document Information

Comments Open:
2/20/2009
Summary:
The proposed rulemaking addresses the qualifications of substitute instructors for the school-year and summer VPK program types and establishes the circumstances and time limits for which a VPK provider may assign a substitute instructor to a VPK classroom.
Purpose:
The purpose of the proposed rulemaking is to establish the required qualifications of substitute instructors for the Voluntary Prekindergarten Education (VPK) Program and to define the circumstances and time limits for which a VPK provider may assign a substitute instructor to a VPK classroom.
Rulemaking Authority:
411.01(4)(d)8., 411.01(4)(e) FS.
Law:
411.01(4)(d)8., 411.01(4)(j) FS.
Contact:
Kristin R. Harden, Assistant General Counsel, Agency for Workforce Innovation, Office of General Counsel, 107 East Madison Street, M.S.C. #110, Tallahassee, Florida 32399-4128, (850)245-7150
Related Rules: (1)
60BB-8.410. Voluntary Prekindergarten Program Substitute Instructors