To align the rule to statutory changes which changed the time period of removal of VPK Providers from five (5) years to two (2) to five (5) years, to provide clarification on notification to providers being removed from ....

 

DEPARTMENT OF EDUCATION

Division of Early Learning

RULE NO.:RULE TITLE:

6M-8.702Removal From Voluntary Prekindergarten Education Program Eligibility

PURPOSE AND EFFECT: To align the rule to statutory changes which changed the time period of removal of VPK Providers from five (5) years to two (2) to five (5) years, to provide clarification on notification to providers being removed from eligibility to offer the VPK program, and update conditions.

SUMMARY: VPK provider removal from eligibility to offer VPK program.

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 does not exceed any of the criteria established in s. 120.541(2)(a), F.S. and will not require legislative ratification.

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: 1001.02(1), (2)(n), 1002.79, F.S.

LAW IMPLEMENTED: 1002.55(6), 1002.61(10)(b), 1002.63(9)(b), 1002.68(5)(c), (d), 1002.73(4)(c), F.S.

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

DATE AND TIME: May 11, 2022, 9:00 a.m.

PLACE: Tennessee Williams Theatre, CFK Campus, 5901 College Road, Key West, Florida 33040.

THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Katerina Maroney, Deputy Director, Programs and Policy, [e-mail].

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

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 1002.68(6) 1002.69(7), F.S., an early learning coalition or school district, as applicable, shall remove a Voluntary Prekindergarten Education (VPK) Program provider for a period of at least two (2) years but no more than five (5) years from future eligibility to offer new VPK classes under the following conditions:

(a) When the provider receives a performance metric kindergarten readiness rates for the same program type (school-year or summer) that for three consecutive years fails to meet the minimum performance metric or designation kindergarten readiness rates adopted by the Department Office of Early Learning under Section 1002.68(4) 1002.69(6), F.S., the provider shall not offer VPK classes 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 Department 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, and approved curriculum under Section 1002.68(5)(b) 1002.67(4)(c)2., F.S.

(c) through (d) No change.

(2) Removal Period. In determining the time period for removal from eligibility, the coalition or school district shall consider the following factors: the severity of the provider’s actions leading to the termination of the contract; the health, safety and welfare of children enrolled at the provider; the financial impact of the provider’s actions; the impact that the revocation would have upon the local community; consistency with coalition’s actions against other providers for similar violations of the provider contract or program requirements; the length of time that provider provided services under the contract with the coalition; and whether the provider had previously violated the terms of the current provider contract and prior contracts with the coalition.

(3)(2) Letter of Removal to Private VPK Providers. The coalition shall issue a written Letter of Removal to the provider, which shall be delivered by at least two of the following methods to the provider via certified postal service, electronic mail (email), facsimile, or courier service. The Letter of Removal shall be provided within thirty (30) days after the decision on an application for good cause exemption by the Department office, or, if no application was filed by the provider, within thirty (30) days after the deadline to file a good cause exemption application has expired, with a copy to the Department of Education, Division Office of Early Learning, at the following address: 325 W. Gaines Street 250 Marriott Drive, Tallahassee, Florida 32399. A Letter of Removal shall contain the following provisions:

(a) through (b) No change.

(c) The date upon which the provider was deemed ineligible to offer the program type in the future and the number of VPK program years the provider will be ineligible to offer the program; and

(d) No change.

(4)(3) Notification of Removal to Public School VPK Providers. The Department 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 a period of at least two (2) years but no more than five (5) years and shall provide a copy of such notification to the early learning coalition.

Rulemaking Authority 1001.02(1)(2)(n) 1001.213, 1002.79 F.S. Law Implemented 1002.55(6), 1002.61(10)(b), 1002.63(9)(b), 1002.68(5)(c)-(d), 1002.67(4)(b)-(c), 1002.73(4)(c), 1002.75(3)(c) F.S. History–New 3-26-13, Amended 2-2-15,

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Katerina Maroney, Deputy Director, Programs and Policy.

NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Richard Corcoran, Commissioner, Department of Education.

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: April 08, 2022

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: March 7, 2022