The purpose of the proposed rule is to utilize the Office’s authority to standardize screenings of children enrolled in the School Readiness (SR) Program.

DEPARTMENT OF EDUCATION
Florida's Office of Early Learning

RULE NO.: RULE TITLE:
6M-4.720: Screening of Children in the School Readiness Program
PURPOSE AND EFFECT: The purpose of the proposed rule is to utilize the Office’s authority to standardize screenings of children enrolled in the School Readiness (SR) Program.
SUMMARY: The proposed rule establishes criteria for selection of screening instruments, processes by which early learning coalitions will ensure screenings are conducted, and minimum requirements for maintenance of information regarding screenings.
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 been prepared by the agency.
The Office estimates a cost of $180,781.83 a year will be incurred statewide by small businesses. The Office reached this conclusion based on the following estimates.
Based on information provided by experts in the field, the Office anticipates that it will take approximately 15 minutes to conduct a screening of each child enrolled in the School Readiness Program. At an average rate of $9 an hour for School Readiness provider staff time, it will cost approximately $2.25 to screen each child.
It is anticipated that 80,341 of the children enrolled in the School Readiness Program will be screened by a total of 4369 child care providers which will be conducting screenings. Therefore, the average cost to each provider conducting screenings will be approximately $38.97.
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:
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: 411.01(4)(e) FS.
LAW IMPLEMENTED: 411.01(4)(d)3. FS.
A HEARING WILL BE HELD AT THE DATE, TIME AND PLACE SHOWN BELOW:
DATE AND TIME: July 20, 2012, 1:00 p.m. – 3:00 p.m.
PLACE: Florida’s Office of Early Learning, 250 Marriott Drive, Tallahassee, FL 32301, or via WebEx which may be accessed at the following website: http://www.floridaearlylearning.com/EarlyLearning/OEL_Program_ProposedRulesNotices.html
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: Ed Hoover 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: Stephanie Savestanan, Policy Director, [phone]

THE FULL TEXT OF THE PROPOSED RULE IS:

6M-4.720 Screening of Children in the School Readiness Program.

(1) Definitions. As used in this rule,

(a) The term “referral” refers to the process of providing information and recommendations to parents regarding further evaluation for a child who exhibits the potential for developmental delays based on the results of his or her screening, and

(b) The term “screening” refers to activities to identify children who may need further evaluation in order to determine the existence of a delay in development or a particular disability.

(2) Screening Process.

(a) Each early learning coalition shall coordinate with parents or providers to ensure that any child, aged birth to five, is screened within 45 calendar days of his or her first enrollment in the School Readiness (SR) program. If a child, aged birth to five, is re-enrolled in the SR program, the coalition must determine if he or she has been screened in accordance with the re-screening schedule identified in subsection (3). If the child has not been screened in accordance with the re-screening schedule identified in subsection (3), the coalition shall ensure he or she is screened within 45 calendar days of his or her reenrollment in the SR program.

(b) If a coalition elects to coordinate with providers to implement screenings for children, the coalition shall notify the provider serving each child, in writing, of the date by which the child must be screened. The coalition shall give this notification to the provider a minimum of 15 calendar days prior to the date by which the child must be screened. Within 15 calendar days of completion of a child’s screening, the provider shall submit the child’s screening results to the coalition in writing.

(c) The parent of a child enrolled in the SR program may decline to have his or her child screened by submitting a written statement to the coalition. Such written notice shall include a statement indicating that the parent objects to the screening, the name of the parent, the parent’s signature, the date, and the child’s name. A parent’s screening decision remains in effect if a child changes SR providers within an early learning coalition’s service delivery area.

(d) Each early learning coalition shall ensure that the screening results for each child are presented, in writing, to the child’s parent. Early learning coalitions shall make staff persons available to explain screening results if requested by a parent.

(3) Re-screening. Each early learning coalition shall ensure that any child, under age three (infants and toddlers), who is enrolled in the SR program is screened at a minimum at least once by age 9 months, at least once between age 9 months and 18 months, and at least once between age 18 months and 30 months. Each early learning coalition shall ensure that any child, ages three to five, who is enrolled in the SR program is screened at least once annually.

(4) Screening Instruments. Each early learning coalition shall ensure screenings are conducted using a screening instrument or instruments which meet all of the following criteria:

(a) Covers an age range of at least six weeks to sixty months;

(b) Addresses, at a minimum, each of the developmental domains established in the performance standards (Florida Early Learning and Developmental Standards: Birth to Five) adopted by Florida’s Office of Early Learning (the Office) in Rule 6M-4.700, Child Performance Standards;

(c) Takes 30 minutes or less to complete per child;

(d) Is supported by research-proven validity tests;

(e) Is supported by research-proven reliability tests;

(f) Is available, at a minimum, in English and Spanish versions;

(g) Is appropriate to be administered by a parent or guardian, child care provider or other professional; and

(h) Yields results, which can be entered into data fields into an electronic tracking system.

(5) Referrals.

(a) Each early learning coalition shall ensure that any child who is identified as having a potential developmental delay or disability based on his or her screening receives a referral for services to the the age appropriate Part C or Part B program under the Individuals with Disabilities Education Act (IDEA) within 30 days of screening.

(b) Each early learning coalition shall ensure the parent of any child who must receive a referral under paragraph (5)(a) is notified in writing. The notification must include, at a minimum, areas identified through the screening which are of concern and local contact information for the age appropriate Part C or Part B program under the IDEA.

(c) When providing a referral under paragraph (5)(b), each early learning coalition must offer to contact an age appropriate Part C or Part B program under the IDEA. The coalition must document the parent’s choice in writing. Such documentation must include a statement indicating the choice regarding receipt of additional help, the name of the parent, the parent’s signature, the date, and the child’s name.

(6) Tracking. The early learning coalition shall ensure that the child screening and referral information be entered into an electronic system of tracking within 45 calendar days of screening. The early learning coalition shall ensure that the electronic version of the screening information be made available to the Office, upon request. The child screening information included in the electronic tracking system must include at a minimum the following elements:

(a) Child name;

(b) Child date of birth;

(c) Child age;

(d) Child ID number, if available;

(e) Parent name;

(f) Parent contact information, to include: mailing address, email address, and phone number, if available;

(g) Date of enrollment in the SR program;

(h) Date of screening/re-screening or documentation of parental objection to the screening;

(i) A summary of areas in which the child shows potential for developmental delays based on the screening.

(j) Date of referral, if applicable under paragraph (5)(a); and

(k) Whether the parent elected to receive additional help from the coalition under paragraph (5)(c).

Rulemaking Authority 411.01(4)(e) FS. Law Implemented 411.01(4)(d)3. FS. History–New_________.

NAME OF PERSON ORIGINATING PROPOSED RULE: Michelle Craig, Statewide Child Progress Coordinator, Florida’s Office of Early Learning
NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Dr. Mel Jurado, Director, Florida’s Office of Early Learning
DATE PROPOSED RULE APPROVED BY AGENCY HEAD: June 11, 2012
DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAW: February 3, 2013, Vol. 38/05