The purpose of the proposed rule is to implement the Agency’s authority to administer the Voluntary Prekindergarten Education (VPK) Program by establishing a procedure by which VPK providers who fail to achieve minimum kindergarten readiness rates ...

DEPARTMENT OF MANAGEMENT SERVICES
Agency for Workforce Innovation

RULE NO: RULE TITLE
60BB-8.210: Reenrollment for Good Cause and Extreme Hardship in the Voluntary Prekindergarten Education Program
60BB-8.700: Low-Performing Provider; Voluntary Prekindergarten Improvement Plan and Implementation
60BB-8.701: Low-Performing Provider; Voluntary Prekindergarten Education Program First Year Probation
60BB-8.702: Low-Performing Provider; Voluntary Prekindergarten Education Program Second Year Probation
60BB-8.703: Low-Performing Provider; Removal From Voluntary Prekindergarten Education Program Eligibility
PURPOSE AND EFFECT: The purpose of the proposed rule is to implement the Agency’s authority to administer the Voluntary Prekindergarten Education (VPK) Program by establishing a procedure by which VPK providers who fail to achieve minimum kindergarten readiness rates comply with Section 1002.67, F.S., and for reenrollment of VPK students.
SUMMARY: The Low Performing Provider rules establish procedures governing administration of the VPK Program by early learning coalitions and school districts for approving improvement plans, for placing providers on probation and requiring corrective actions, and for removing providers from eligibility to deliver the program. The rule regarding reenrollment establishes criteria for determining whether a student has substantially completed the VPK Program and whether a good cause or extreme hardship exists.
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: 1002.71(4), 1002.75(2)(i), 1002.79(2) FS.
LAW IMPLEMENTED: 1002.67(3)(c), 1002.71(4), 1002.75(3)(a)-(c) FS.
A HEARING WILL BE HELD AT THE DATE, TIME AND PLACE SHOWN BELOW:
DATE AND TIME: Monday, April 19, 2010, 2:30 p.m. – 4:30 p.m. or until business is concluded
PLACE: Agency for Workforce Innovation, 107 E. Madison St., Tallahassee, Florida 32399-4128 and via WebEx which may be accessed at http://www.floridajobs.org/earlylearning/oel_state_fed.html#proposedrules. The Agency requests that individuals who wish to attend the hearing via WebEx complete and submit a comment card to the Agency prior to the hearing. Comment cards are available online at the website above or from the contact person below.
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 48 hours before the workshop/meeting by contacting: Audrey Gaten at [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: Kristin R. Harden, Assistant General Counsel, Agency for Workforce Innovation, Office of General Counsel, 107 East Madison Street, MSC #110, Tallahassee, Florida 32399-4128, [phone]

THE FULL TEXT OF THE PROPOSED RULE IS:

60BB-8.210 Reenrollment for Good Cause and Extreme Hardship and Delayed Enrollment in the Voluntary Prekindergarten Education Program.

(1) Definitions. As used in this rule:

(a) “Delayed enrollment” means recording the initial enrollment of a student in a Voluntary Prekindergarten Education Program (VPK) class after VPK instruction has begun.

(b) “Reenrollment” means the enrollment of a student in a new VPK program type (school-year or summer) or with a new VPK provider following the student’s removal or withdrawal from enrollment with a VPK provider after the student has attended a portion of VPK instruction.

(c) “Substantial completion” means a student has been enrolled in a VPK provider’s class for more than 70 percent of the instructional hours for the program type (school-year or summer).

(2) Reenrollment for good cause. A student may be reenrolled for good cause in the same program type (school-year or summer) in which the student was previously enrolled if all the following applies:

(a) The student has not substantially completed the VPK program;

(b) The student has not previously reenrolled for good cause or due to an extreme hardship; and

(c) The student’s parent or guardian completes the Delayed Enrollment and Reenrollment Application (Form AWI-VPK 05), dated April 9, 2010, which is hereby incorporated by reference, and submits it to the early learning coalition as documentation that the student was or is prevented from attending the VPK class. The following are examples of situations which prevent the student from attending the VPK class:

1. The illness of:

a. The student;

b. An individual living in the student’s household;

c. An individual which the student’s parent or guardian is responsible for caring for; or

d. The student’s parent, guardian, sibling, grandparent, step-parent, step-sibling, or step-grandparent.

2. A disagreement between the parent or guardian and the VPK provider or school concerning policies, practices, or procedures at the provider’s or school’s VPK program;

3. A change in the student’s residence;

4. A change in the employment schedule or place of employment of the student’s parent or guardian;

5. The VPK provider’s inability to meet the student’s health or educational needs;

6. The termination of the student’s VPK class before 70 percent of the class instructional hours is delivered;

7. The student is dismissed by a VPK provider for failure to comply with the provider’s attendance policy;

8. The provider’s designation as a low performing provider under Section 1002.67, F.S.;

9. Any condition described as an extreme hardship in paragraph (3)(c) below.

(3) Reenrollment for extreme hardship. A student may be reenrolled and reported for funding purposes as one full-time equivalent student, as defined by Section 1002.71(2), F.S., in the summer VPK program, if all the following applies:

(a) The student has not substantially completed the VPK program;

(b) The student has not previously reenrolled due to an extreme hardship or for good cause; and

(c) The student’s parent or guardian completes and submits to the early learning coalition the Delayed Enrollment and Reenrollment Application, and, where documentation is not supplied by the coalition or provider, supporting written documentation of one or more of the following:

1. The illness of the student, as documented in writing by a physician licensed under Chapter 458 or 459, F.S., if the illness would result in the student being absent from more than 30 percent of the number of hours in the program type in which the student is enrolled;

2. The provider’s misconduct or noncompliance which results in the provider’s inability to offer the VPK program, as documented by the early learning coalition;

3. The parent’s or guardian’s inability to meet the basic needs of the student, including, but not limited to, a lack of food, shelter, clothing, or transportation, as documented in writing by a federal, state, or local governmental official;

4. The provider’s inability to meet the student’s educational needs due to the student’s learning or developmental disability as documented by a federal, state, or local governmental official;

5. The provider’s inability to meet the student’s health needs as documented by a physician licensed under Chapter 458 or 459, F.S., or a federal, state, or local governmental official; or

6. Displacement of a student from his or her place of residence or closure of the student’s VPK provider as a result of a state of emergency as declared by a federal, state, or local governmental official.

(4) Additional restrictions on reenrollment.

(a) A VPK student may not be reenrolled except as described in this rule.

(b) This rule shall not be construed to allow a student to be enrolled simultaneously in multiple VPK classes.

(c) If the student is reenrolled with a coalition other than the coalition of the previous enrollment, the parent or guardian shall comply with the enrollment requirement of Rule 60BB-8.201, F.A.C., in addition to the requirements of this rule.

(d) Each early learning coalition shall comply with the eligibility determination and enrollment procedures described in Rule 60BB-8.202, F.A.C., when reenrolling a student, except that the coalition is not required to repeat the face-to-face parent orientation session.

(5) Delayed enrollment. A VPK student may enroll in a VPK class after instruction has begun. To enroll a student in a VPK class after instruction has begun, the student’s parent or guardian shall complete the Delayed Enrollment and Reenrollment Application, and submit it to the early learning coalition. Each early learning coalition shall comply with the eligibility determination and enrollment procedures described in Rule 60BB-8.202, F.A.C., when enrolling a student in a VPK class in which instruction has already begun except that the coalition shall not be required to conduct the face-to-face parent orientation session for a parent who indicates on the Delayed Enrollment and Reenrollment Application that he or she has previously attended an orientation.

Rulemaking Authority 1002.71(4), 1002.75(2)(a), 1002.75(2)(i), 1002.79(2) FS. Law Implemented 1002.71(4), 1002.75(2)(a), 1002.75(2)(i) FS. History–New________.

 

60BB-8.700 Low-Performing Provider; Voluntary Prekindergarten Education Program Improvement Plan and Implementation.

(1) Improvement Plans. An early learning coalition or school district, as applicable, shall require a Voluntary Prekindergarten (VPK) Education provider which fails to meet or exceed the minimum kindergarten readiness rate for a program type (school-year or summer) to submit an improvement plan designed to improve the provider’s kindergarten readiness rate. An improvement plan shall include:

(a) A self assessment conducted no earlier than the previous VPK program year, which shall address, at a minimum, the manner in which the following areas of the VPK provider’s program may be improved:

1. Administrative and management practices, including training, educational level, and retention of prekindergarten instructors;

2. Developmentally appropriate curricula;

3. Classroom learning environment;

4. Classroom instructional practices, which shall include an assessment of the need for instructors to attend an additional VPK Standards training and emergent literacy training course approved by the Department of Education under Section 1002.59, F.S.;

5. Child developmental screenings and assessments;

6. Social-emotional interactions among prekindergarten instructors and students;

7. Students’ ability to make age appropriate progress in the development of language and cognitive capabilities and emotional, social, regulatory and moral capacities;

8. Percentage of students attending seventy (70) percent or more of the instructional hours offered by the VPK provider; and

9. Family involvement in the early childhood program.

(b) A description of strategies for improvement of the provider’s VPK program which includes the following and any other additional areas at the discretion of the provider:

1. A list of target areas for the VPK provider’s improvement based on the self assessment conducted under paragraph (1)(a) and any additional areas a provider deems important to its improvement;

2. A list of specific actions already taken, and/or proposed to be taken, by the VPK provider for improvement of targeted 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 shall submit its improvement plan electronically through the website http://www.ImproveVPK.org within 60 days of the date of adoption of the minimum kindergarten readiness rate by the State Board of Education under Rule 6A-1.099821, F.A.C.

(b) An early learning coalition or school district, as applicable, shall approve or disapprove a VPK provider’s improvement plan within 14 days of receipt of the improvement plan. The early learning coalition or school district, as applicable, shall approve the improvement plan if the plan is submitted in accordance with this rule, addresses the criteria established within this rule, and does not negatively impact the health, safety, or well-being of students.

(c) If the improvement plan is not approved, the early learning coalition or school district, as applicable, shall disapprove the improvement plan and shall return it to the VPK provider with suggestions for revision. The VPK provider shall submit an amended improvement plan within 14 days of the receipt of notification of disapproval of its improvement plan and suggestions for revision. The early learning coalition or school district, as applicable, shall offer to work with the VPK provider to revise an insufficient improvement plan to ensure the improvement plan is sufficient.

(d) A low performing VPK provider must have an approved improvement plan in place for at least 60 days prior to receiving an advance payment or offering VPK instruction for the program type for which the provider must submit an improvement plan.

(3) An early learning coalition or school district, as applicable, shall offer to give technical assistance, in a manner and schedule prescribed by the coalition or school district, in developing and implementing an improvement plan to each provider which fails to meet or exceed the minimum kindergarten readiness rate. A provider may elect to receive technical assistance by contacting the coalition or school district, as applicable, in writing. Whether or not a provider elects to receive technical assistance, improvement of the provider’s kindergarten readiness rate is the sole responsibility of the provider. Compliance with technical assistance does not guarantee that the provider will improve its kindergarten readiness rate.

Rulemaking Authority 1002.79(2) FS. Law Implemented 1002.67(3)(c)1., 1002.75(3)(a) FS. History–New_________.

 

60BB-8.701 Low-Performing Provider; Voluntary Prekindergarten Education Program First Year Probation.

(1) Probation. An early learning coalition or school district, as applicable, shall place on first year probation any Voluntary Prekindergarten Education (VPK) provider which receives two consecutive kindergarten readiness rates for the same program type (school-year or summer) which fail to meet or exceed the minimum kindergarten readiness rate. Kindergarten readiness rates which fall below the minimum readiness rate are consecutive if the provider does not receive an intervening kindergarten readiness rate which meets or exceeds the minimum readiness rate.

(2) Use of Approved Curriculum.

An early learning coalition or school district, as applicable, shall require a VPK provider who has been placed on probation to use a curriculum approved in accordance with Section 1002.67(2)(c), F.S. A VPK provider shall demonstrate that it is using a curriculum approved in accordance with Section 1002.67(2)(c), F.S., including all program materials and professional development activities associated with the approved curriculum, by submitting the following to the early learning coalition or school district, as applicable:

(a) 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

(b) A notarized attestation 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.

(3) First Year Probation Corrective Action. If a VPK provider is placed on probation under this rule, it shall submit a first year probation progress report electronically through the website http://www.ImproveVPK.org within 60 days of the date of adoption of the minimum kindergarten readiness rate by the State Board of Education under Rule 6A-1.099821, F.A.C. The first year probation progress report shall provide information regarding the provider’s progress in implementing its improvement plan approved under Rule 60BB-8.700, F.A.C.

(a) The first year probation progress report shall contain the following information:

1. Identification of and description of the provider’s proposed use of a curriculum approved in accordance with Section 1002.67(2)(c), F.S., the VPK provider shall use in the forthcoming program type, including all associated program materials and professional development activities; and

2. 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 based on the self assessment as defined by Rule 60BB-8.700, F.A.C., and any additional areas a provider deems important to its improvement;

b. A list of those specific actions already taken, and/or proposed to be taken, by the VPK provider for improvement of the targeted areas; and

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

(b) A provider must submit a first year probation progress report in accordance with this rule at least 60 days prior to receiving an advance payment or offering VPK instruction for the same VPK program type (school-year or summer) for which the provider is required to submit an improvement plan.

Rulemaking Authority 1002.79(2) FS. Law Implemented 1002.67(3)(c)2., 1002.75(3)(b) FS. History–New________.

 

60BB-8.702 Low-Performing Provider; Voluntary Prekindergarten Education Program Second Year Probation.

(1) Probation. An early learning coalition or school district, as applicable, shall place on second year probation any Voluntary Prekindergarten Education (VPK) provider which receives three consecutive kindergarten readiness rates for a program type (school-year or summer) which fails to meet or exceed the minimum kindergarten readiness rate. Kindergarten readiness rates which fall below the minimum readiness rate are consecutive if the provider does not receive an intervening kindergarten readiness rate which meets or exceeds the minimum readiness rate.

(2) Second Year Probation Corrective Action. If a VPK provider is placed on second year probation, it shall submit a second year probation progress report electronically through the website http://www.ImproveVPK.org within 60 days of the date of adoption of the minimum kindergarten readiness rate by the State Board of Education under Rule 6A-1.099821, F.A.C. The second year probation progress report shall provide information regarding the provider’s progress in implementing its improvement plan approved under Rule 60BB-8.700, F.A.C.

(a) The second year probation progress report shall contain the following:

1. A description of the provider’s use of a curriculum approved in accordance with Section 1002.67(2)(c), F.S., including all associated program materials and professional development activities; and

2. 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 based on the self assessment as defined by Rule 60BB-8.700, F.A.C., and any additional areas a provider deems important to its improvement;

b. A list of those specific actions already taken, or proposed to be taken, by the VPK provider for improvement of the targeted areas; and

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

(b) A provider must submit a second year probation progress report in accordance with this rule at least 60 days prior to receiving an advance payment or offering VPK instruction for the same VPK program type (school-year or summer) for which the provider is required to submit an improvement plan.

Rulemaking Authority 1002.79(2) FS. Law Implemented 1002.67(3)(c)2., 1002.75(3)(b) FS. History–New________.

 

60BB-8.703 Low-Performing Provider; Removal From Voluntary Prekindergarten Education Program Eligibility.

(1) An early learning coalition or school district, as applicable, shall remove a Voluntary Prekindergarten Education (VPK) Program provider from future eligibility to offer new VPK classes of the program type (school-year or summer) for which the provider receives four consecutive kindergarten readiness rates which fail to meet or exceed the minimum kindergarten readiness rates. Kindergarten readiness rates which fall below the minimum readiness rate adopted by the State Board of Education under Rule 6A-1.099821, F.A.C., are consecutive if the provider does not receive an intervening kindergarten readiness rate which meets or exceeds the minimum readiness rate.

(2) The early learning coalition or school district, as applicable, shall remove a VPK provider from future eligibility to offer new VPK classes of the program type by issuing a Letter of Removal to the provider in writing, which may include electronic mail, within 30 days of the adoption of the minimum kindergarten readiness rate, with a copy to the Office of Early Learning of the Agency for Workforce Innovation at the following address: Caldwell Building, Suite 100, 107 East Madison Street, MSC 140, Tallahassee, Florida 32399-4128. 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;

(b) The date upon which the provider was deemed ineligible to offer the program type in the future; and

(c) Notice of termination of provider agreements, if applicable, under which the provider would begin a new VPK class for the VPK program type for which the provider has been deemed ineligible.

Rulemaking Authority 1002.79(2) FS. Law Implemented 1002.67(3)(c)4., 1002.75(3)(c) FS. History–New________.

NAME OF PERSON ORIGINATING PROPOSED RULE: Kristin R. Harden
NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Cynthia R. Lorenzo
DATE PROPOSED RULE APPROVED BY AGENCY HEAD: March 3, 2010
DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAW: January 18, 2010