The proposed revisions to the rule modify the process that must be conducted by early learning coalitions, school districts, and VPK providers in order to be able to deliver and report the results of a pre- and post-assessment of students enrolled ...

 

DEPARTMENT OF EDUCATION

Florida’s Office of Early Learning

RULE NO.:RULE TITLE:

6M-8.620Voluntary Prekindergarten (VPK) Pre- and Post Assessments

PURPOSE AND EFFECT: The proposed revisions to the rule modify the process that must be conducted by early learning coalitions, school districts, and VPK providers in order to be able to deliver and report the results of a pre- and post-assessment of students enrolled in the Voluntary Prekindergarten Education Program. The revisions also change and clarify the responsibilities and deadlines associated with this process.

SUMMARY: Voluntary Prekindergarten (VPK) Pre- and Post-Assessment Processes.

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: All the process requirements related to the implementation of the Teaching Strategies GOLD assessment have been removed in this substantial rewrite of the rule, as it will no longer be required of VPK providers. As a result, the costs associated with this rule and with Teaching Strategies GOLD have decreased such as time and effort to comply and specialized knowledge of the tool’s online system. VPK Providers are still required to implement the Florida VPK Assessment and the costs associated with this assessment have not increased due to the proposed revisions. The office’s review determined that proposed revisions will not exceed any one of the economic analysis criteria in a SERC as set forth in Section 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: 1001.213(2), 1002.79 FS.

LAW IMPLEMENTED: 1002.67(3), (4), 1002.73(2)(d) FS.

IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE HELD AT THE DATE, TIME AND PLACE SHOWN BELOW:

DATE AND TIME: May 31, 2016, 3:00 p.m. ‒ 4:00 p.m. or at the conclusion of business whichever is earlier

PLACE: Via webinar; registration information may be found at:

http://www.floridaearlylearning.com/oel_resources/rules_guidance_technical_assistance/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, Bureau Chief, Voluntary Prekindergarten Education Program, 250 Marriott Drive, Tallahassee, FL 32399, [phone] or [e-mail]. 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, Voluntary Prekindergarten Education Program, 250 Marriott Drive, Tallahassee, FL 32399, [phone] or [e-mail]

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

Substantial rewording of Rule 6M-8.620 follows. See Florida Administrative Code for present text.

6M-8.620 Voluntary Prekindergarten (VPK) Pre- and Post-Assessments Compliance.

(1) Definitions. As used in this rule:

(a) “VPK Class Schedule” is the approved VPK class calendar identified on Class Registration Application- Calendars (Form OEL-VPK 11B) in accordance with Rule 6M-8.300, F.A.C.

(b) “Assessment Period One” (AP1) is the first thirty (30) calendar days of the VPK class schedule beginning with the first VPK instructional day and including non-instructional days.

(c) “Assessment Period Three” (AP3) is the last thirty (30) calendar days of the VPK class schedule ending on the last VPK instructional day and including non-instructional days.

(d) “Bright Beginnings” is the Florida VPK Assessment online reporting system used by VPK providers, school districts, and early learning coalitions found on the website: https://brightbeginningsfl.org, an example of this can be found on Form OEL-VPK 12 (June 2016) which is hereby incorporated by reference and is found at ___________________.

(e) “VPK Pre- and Post-Assessment” is defined in Rule 6A-1.09433, F.A.C. as the Florida VPK Assessment.

(2) The Florida VPK Assessment Materials.

(a) VPK Private Provider Responsibilities.

1. VPK private providers shall order assessment materials, based on need, through Bright Beginnings at least thirty (30) calendar days before the first day of the VPK class schedule. The provider shall monitor the status of the order. If the order is disapproved by the early learning coalition, the provider shall resubmit the corrected order no later than five (5) calendar days after disapproval.

2. If the VPK private provider fails to order assessment materials in accordance with subparagraph (2)(a)1, receipt of the materials will not be guaranteed in time for required assessment administration as described in this rule, and subjects the provider to consequences for noncompliance.

(b) Early Learning Coalition Responsibilities.

1. The coalition is responsible for the timely review, approval or disapproval of orders for assessment materials placed by VPK private providers on Bright Beginnings. The coalition shall:

a. Monitor email notifications regarding assessment materials.

b. Review orders and verify that the quantity of materials ordered aligns with the number of VPK classes offered by the contracted VPK private provider ordering the materials.

c. Approve or disapprove orders placed by contracted VPK providers within seven (7) calendar days after the order is placed, or if the order is placed before contract is executed, approve or disapprove orders within seven (7) calendar days of executing Form OEL-VPK 20, the Statewide Voluntary Prekindergarten Provider Contract (VPK Provider Contract) as incorporated in Rule 6M-8.301, F.A.C. with the provider.  If order is disapproved, the coalition shall notify the VPK provider through Bright Beginnings of the reason for disapproval.

d. Approve or disapprove a resubmitted order no later than seven (7) calendar days after receiving email notification that the order is pending approval and notify the VPK provider through Bright Beginnings of the reason for disapproval if order is disapproved.

(c) School District Responsibilities.

1. The school district is responsible for ordering assessment materials, based on need, for each public school offering VPK in the district. Orders shall be placed through Bright Beginnings at least thirty (30) calendar days before the first day of VPK instruction for each public school if the VPK Provider Contract has been executed, or if the contract is not executed by this deadline, the school district shall order within seven (7) calendar days of executing the contract.

2. If the school district fails to order assessment materials in accordance with subparagraph (2)(c)1, receipt of the materials will not be guaranteed in time for required assessment administration as described in this rule, and subjects the public school to consequences for noncompliance.

(3) Administration and Submission.

(a) VPK providers shall administer the Florida VPK Assessment during AP1 and AP3 as defined in subsection (1) of this rule.­ The Florida VPK Assessment must be administered by qualified assessors as defined in Rule 6A-1.09433, F.A.C.

(b) VPK private providers and public schools (or the school district on behalf of their public schools) shall register their VPK programs annually by completing the initial registration wizard and entering programmatic information on Bright Beginnings.

(c)The Florida VPK Assessment data for AP1 shall be entered and submitted by VPK providers (or the school district on behalf of their public schools) on Bright Beginnings within forty-five (45) calendar days of the first day of each VPK class schedule.

(d) The Florida VPK Assessment data for AP3, shall be entered and submitted by VPK providers (or the school district on behalf of their public schools) on Bright Beginnings no later than fifteen (15) calendar days after the last day of each VPK class schedule.

(4) Verification and Compliance.

(a) Each coalition and school district shall assign a staff member, to register and serve as the administrator for Bright Beginnings on behalf of the coalition or district. The administrator may also assign additional staff as designees as needed.

1. The administrator and designee(s) shall receive and monitor email notifications from Bright Beginnings regarding which VPK providers have entered and submitted the Florida VPK Assessment data for AP1 and AP3.

2. The administrator and designee(s) shall access the coalition or district Florida VPK Assessment Data Status Report during assessment periods to verify which VPK providers have entered and submitted the VPK Assessment data in Bright Beginnings.

(b) The coalition shall document attempts to notify private VPK providers and the school district shall document attempts to notify public schools that have not entered and submitted VPK assessment data for AP1 and AP3 of their responsibility to do so.

(c) Noncompliance with VPK pre- and post-assessment.

1. Each coalition or school district shall verify whether private providers and public schools, respectively, comply with the VPK pre- and post-assessment requirements.             

2. If a private provider fails to comply with the VPK pre- and post- assessment requirements, the coalition has the responsibility to determine the appropriate consequence in accordance with the VPK Provider Contract (Form OEL-VPK 20) and Section 1002.67, F.S. If the appropriate consequence is removal from eligibility to offer VPK for a period of five (5) years, the coalition shall notify the Office of Early Learning of the noncompliance.

3. If a public school fails to comply with the VPK pre- and post- assessment requirements, the school district shall determine the appropriate consequence in accordance with in the VPK Provider Contract (Form OEL-VPK 20) and Section 1002.67, F.S. and shall notify the early learning coalition of the noncompliance and consequence. If the appropriate consequence is removal from eligibility to offer VPK for a period of five (5) years, the school district shall notify the Office of Early Learning of the noncompliance.

4. If a coalition or school district determines the removal of eligibility is the appropriate action of a VPK provider’s failure to comply with the VPK pre- and post-assessment, either the VPK provider’s school-year program or summer program, or both, is removed from eligibility to deliver VPK for a period of five (5) years.

Rulemaking Authority 1001.213(2), 1002.79 FS. Law Implemented 1002.67(3), (4), 1002.73(2)(d) FS. History–New 3-31-15, Amended_________.

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Tara Huls, Bureau Chief, Voluntary Prekindergarten Education Program

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

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: May 5, 2016

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: April 6, 2016