The purpose of the proposed rule amendment is to revise the calculation for the VPK Provider Kindergarten Readiness Rates to include the Florida VPK Assessment in the readiness 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 amendment is to revise the calculation for the VPK Provider Kindergarten Readiness Rates to include the Florida VPK Assessment in the readiness rates.

SUMMARY: The rule defines the processes and calculations used in the annual calculation 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 analysis 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: June 6, 2019, 6:00 p.m. – 7:30 p.m. EDT or until 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: Gary Sabitsch [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: Katerina Maroney, Early Learning Policy Manager, 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 cumulative list of all of the children served in their program and the total number of hours they attended.

(b) Verification. The private or public provider may verify the accuracy or submit suggested corrections to 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 to the Office of Early Learning (OEL) within the review period described below after publication of the cumulative list on the VPK Provider Kindergarten Readiness Rate website (vpk.fldoe.org). OEL and the respective early learning coalition, shall review the corrective information and accept or reject the requested corrective information within the review period.

(c) Dispute. If a private or public school provider disputes the accuracy of the data as published on the website or if a private provider disputes ownership as defined in subsection (4), the provider may file a dispute on the website and submit documentation to the Office of Early Learning for review and consideration. OEL will review all disputes filed by providers and provide a response to each dispute.

(d) Timelines. 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 for hours attended to the verification data within a period of ten (10) calendar days after the close of the provider review period. OEL shall process all approved changes made in verification and resolve all disputes prior to publication of the final VPK Kindergarten Readiness Rate.

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

(a) After the conclusion of the review of the data described in subsection (2) of this rule, OEL 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.

(b) Calculation of the VPK readiness rate:

1. Kindergarten student scores on the Florida Kindergarten Readiness Screener 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 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%) 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 the screening measure divided by the total number of “Children Screened” meeting the requirements in subparagraphs (3)(a)1. and (3)(a)2. of this rule.

3. Learning Gains shall be calculated based on the results of the Florida VPK Assessment, pursuant to Rule 6M-8.620, F.A.C., administered during the VPK program year. At the individual child level learning gains are demonstrated by having attained a higher scoring category (below expectations, meeting expectations, and exceeding expectations) from the pre-assessment to the post-assessment in three of the four domains contained in the assessment (Print Knowledge, Phonological Awareness, Mathematics and Oral Language/Vocabulary). A child that scores “exceeding expectations” for the pre-assessment and maintains that score for the post-assessment will be considered to have made “learning gains” in that domain.

4. The percent of children making learning gains shall be calculated as the number of children demonstrating learning gains divided by the number of children meeting the requirements in subparagraphs (3)(a)1. and (3)(a)2. of this rule.

5. The VPK Provider Kindergarten readiness rate shall be expressed as the percentage of children ready for kindergarten combined with the percentage of children making learning gains multiplied by .1.

Percent Ready + (Percent making gains x .1) = Provider readiness rate

In order for a provider to have successfully administered the VPK program, the provider must achieve a final readiness rate of 60 (sixty) with the maximum rate possible of 100. A provider failing to meet this standard will be placed on probation in accordance with subsection (5) below.

(c) If a private or public school provider does not meet the criteria described in paragraph (3)(a), 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 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, persons with a pre-existing ownership interest in the business or an “individual 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 paragraph (3)(b), is removed from probation.

3. An existing provider on probation whose rate did not meet the criteria in paragraph (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, and acknowledge such designation on the website within twenty-one (21) calendar days of the publication of the final Provider Kindergarten Readiness Rates.

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, Amended 6-14-18, ________.

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Katerina Maroney, Early Learning Policy Manager

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

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: May 14, 2019

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: April 8, 2019