The purpose of the proposed rule amendment is to revise the criteria and define the calculations used to create the VPK Provider Kindergarten Readiness Rates based on the new kindergarten screening tool adopted by the Department of Education (Star ...

 

DEPARTMENT OF EDUCATION

Florida's Office of Early Learning

RULE NO.: RULE TITLE:

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

PURPOSE AND EFFECT: The purpose of the proposed rule amendment is to revise the criteria and define the calculations used to create the VPK Provider Kindergarten Readiness Rates based on the new kindergarten screening tool adopted by the Department of Education (Star Early Literacy assessment). The rule also provides clarity on the verificiation and dispute processes associated with the readiness rates. Addtionally, the rule contains edits to relect changes in roles from the Department of Education to Office of Early Learning to be consistent with statute.

SUMMARY: The rule defines the processes and calculations used in the annual caluculation of the VPK Provider Kindergarten Readiness Rates.

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 economic anaylsis by the Office of the adverse impact or potential regulatory costs of the proposed rule amendments does not exceed any of the criteria established in s. 120.541(2)(a), F.S.

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). FS

A HEARING WILL BE HELD AT THE DATE, TIME AND PLACE SHOWN BELOW:

DATE AND TIME: Wednesday, April 11, 2018; 11:30 a.m. to 12:30 p.m. or at the conclusion of business whichever is earlier

PLACE: GoToWebinar; information regarding registration may be found at: 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: 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, Bureau Chief, VPK Program and Policy, Office of Early Learning, 250 Marriott Dr., Tallahassee, Florida 32399, [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 Verification. The private or public provider may verify disputes the accuracy or submit suggested corrections toof 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,. Tthe provider may submit corrective information to the Office of Early Learning (OEL)Department of Education within the review period described below after publication of the cumulative list on the VPK Provider Kindergarten Readiness Rate Department’s website (vpk.fldoe.org). The Department, in collaboration with Florida’s OEL Office of Early Learning and the respective eEarly Llearning Ccoalition, shall review the corrective information and accept or reject the requested corrective information within the review period described below. The provider review period for verification and dispute shall be twenty-one (21) calendar days from the time of publication of the cumulative list of children served. The early learning coalition shall review and accept or reject any changes to the verification data within a period of ten (10) calendar days after the close of the provider review period.

(c) Dispute. If a private or public school provider disputes the accuracy of the data preliminary VPK Provider Kindergarten Readiness Rate as published on the Department’s website or if a private provider disputes ownership as defined in section (4) at the time of the 2009-10 VPK program, the provider may file a dispute on the Department’s website and submit documentation to the Office of Early Learning Department for its review and consideration after publication of the preliminary rate. OEL will review all disputes filed by providers and provide a response to each dispute. This review period shall be less than twenty-one (21) days following publication of the preliminary readiness rate. The 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. The provider review period for verification and dispute shall be twenty-one (21) calendar days from the time of publication of the cumulative list of children served. The early learning coalition shall review and accept or reject any changes to the verification data within a period of ten (10) calendar days after the close of the provider review period.

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

(a) After the conclusion of the review of the data described in subsection (2) of this rule, the OEL Department shall calculate the VPK Provider 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 the Florida Kindergarten Readiness Screener both of the kindergarten screening measures.

(b) Calculation of the VPK readiness rate:

1. Kindergarten student scores on the Florida Kindergarten Readiness Screener Florida Assessments for Instruction in Reading (FAIR) assessment administered during the first thirty (30) days of the school year must demonstrate a score of at least 500 on the Star Early Literacy assessment probability of reading success of .67 or high to be considered “ready for kindergarten.” Kindergarten student scores on the Early Childhood Observation System (ECHOS) must indicate that the student is either “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 sixty (60%) seventy (70%) percent of children ready using the calculation in this section. A provider failing to meet this standard will be placed on probation in accordance with subsection (5) below.

2. The “Percent of Children Ready for Kindergarten” shall be calculated as the number of “Children Ready for Kindergarten” on both the screening measures divided by the total number of “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 in (3)a 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 Office of Early Learning 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 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 or a “person associated with a provider.” For the purpose of this subsection, “individual associated with a provider” means an individual or family member of an individual who, regardless of compensation, holds a management position, oversees the operations of a provider, or is an officer, shareholder, beneficial owner or member of the board of directors of a provider.

(5) Providers Placed on Probation.

(a) For the 2016-17 and 2017-18 VPK Provider Kindergarten Readiness Rates:

1. No provider will receive a new probationary status.

2. An existing provider on probation whose rate meets the criteria in (3)(b) is removed from probation.

3. An existing provider on probation whose rate did not meet the criteria in (3)(b) will remain on probation in their existing status.

(b) Beginning with the 2018-19 VPK Provider Kindergarten Readiness Rates, If the readiness rate of a private or public VPK provider falls below the minimum rate adopted by the State Board, the provider shall be placed on probation, notified of each designation by the Office of Early Learning Department, and acknowledge such designation on the Department’s website within twenty-one (21) calendar days of the publication of the final Provider Kindergarten Readiness Rates State Board of Education’s adoption of the minimum readiness rate.

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

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

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: March 19, 2018

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: January 10, 2018.