The purpose of the proposed rule development is to establish the process for selection and review of curricula for use in the School Readiness Program.

DEPARTMENT OF EDUCATION
Florida's Office of Early Learning

RULE NO.: RULE TITLE:
6M-4.710: School Readiness Program Curricula
PURPOSE AND EFFECT: The purpose of the proposed rule development is to establish the process for selection and review of curricula for use in the School Readiness Program.
SUMMARY: In order to offer the School Readiness Program, providers must use a developmentally appropriate curriculum. The proposed rule establishes the process by which developmentally appropriate curricula are recognized and by which individuals or organizations can request that the Office determine whether a curriculum is developmentally appropriate.
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.
All School Readiness Providers are required by statute to use a developmentally appropriate curriculum in order to be eligible to offer the School Readiness Program. It is anticipated that it will take School Readiness Providers a maximum of 15 minutes to review a list of developmentally appropriate curricula developed and maintained by the Office under this rule. At a cost of $9 per hour for staff time, it is anticipated that this rule will have a financial impact of $2.25 per School Readiness Provider annually for a total of $22,500 per year. The total recurring financial impact of this rule over five years would therefore be $112,500.
The Office further anticipates that approximately 200 curricula will be submitted for review under this rule in the first year the rule is effective. The Office estimates that, including the cost of staff time for compliance, postage, and time for preparation of materials, a financial impact of $22.20 per curriculum can be expected. Therefore, the Office anticipates approximately $4,400 will be expended in one-time costs.
The total financial impact over a five year period is therefore anticipated to be approximately $116,900.
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)(d)8., 411.01(4)(e) FS.
LAW IMPLEMENTED: 411.01(4)(d)3.f. 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, Florida’s Office of Early Learning, 250 Marriott Dr. Tallahassee, Florida 32399, [phone]

THE FULL TEXT OF THE PROPOSED RULE IS:

6M-4.710 School Readiness Program Curricula.

(1) Beginning July 1, 2013, providers offering the School Readiness program shall be required to utilize a developmentally appropriate curriculum designed to enhance the age-appropriate progress of children in attaining the performance standards adopted by Florida’s Office of Early Learning (the Office) pursuant to Rule 6M-4.700, F.A.C.

(a) A list of curricula which has been determined by the Office to enhance the age-appropriate progress of children in attaining the performance standards adopted by the Office is published at the website: www.floridaearlylearning.com.

(b) Each provider offering the School Readiness program shall select a curriculum or curricula from the list published by the Office. The provider must ensure that it selects and implements a curriculum or combination of curricula which addresses each developmental domain established in the performance standards adopted by the Office and includes a character development component designed to develop basic values.

(2) Curriculum reviews shall be conducted annually. Submissions for the review process must be received by the Office no later than the last business day of July of each year.

(3) An individual or organization may obtain a curriculum review by sending a written request to Florida’s Office of Early Learning, 250 Marriott Drive, Tallahassee, Florida 32399 or to [e-mail]. More than one curriculum may be submitted to be reviewed at the same time. Once a curriculum has been approved, it remains approved until the performance standards are revised.

(a) Requests to review a curriculum shall include:

1. The name of the requestor;

2. An email or mailing address of the requestor;

3. A telephone number of the requestor;

4. The name of the curriculum to be reviewed;

5. Publisher information, if applicable;

6. The publication date of the curriculum to be reviewed;

7. The version of the curriculum to be reviewed; and

8. A description of whether the curriculum is to be used as a comprehensive curriculum or a supplemental curriculum.

i. “Comprehensive curriculum” means a curriculum intended for use as the sole or primary curriculum implemented in a classroom. A comprehensive curriculum must address each developmental domain established in the performance standards adopted by the Office and include a character development component designed to develop basic values.

ii. “Supplemental curriculum” means a curriculum intended for use only in conjunction with one or more curricula. A supplemental curriculum must address at least one developmental domain established in the performance standards adopted by the Office or include a character development component designed to develop basic values.

(b) Incomplete requests to review a curriculum shall not be considered.

(4) The process for reviewing curricula shall be conducted as follows:

(a) Florida’s Office of Early Learning shall convene a Curriculum Review Team comprised of qualified individuals selected in accordance with criteria defined in this rule and who shall serve as reviewers of up to three (3) curricula and all associated materials at a time.

(b) The Office will designate an individual within the Office to serve as a point of contact for questions from reviewers and requestors.

(c) The Office shall supply the requestor with the mailing address of where each reviewer would like the materials delivered.

(d) The requestor shall provide a complete copy of the curriculum or curricula to each of the three reviewers postmarked no later than the first business day of October.

1. A complete copy of a curriculum includes copies of all printed materials and any other materials that the requestor deems necessary to illustrate that the submitted curriculum addresses each of the developmental domains established in the performance standards adopted by the Office.

2. Materials not originally submitted as part of the complete curriculum shall not be considered. Curriculum will be evaluated on the materials received.

3. If the requestor would like the reviewer to return the submitted materials, a pre-paid method for returning the materials, along with instructions for return, must be provided when the materials are originally submitted to the reviewer.

(e) Each reviewer shall independently analyze the curriculum using the School Readiness Curriculum Rubric, Form OEL-SR 31, dated January 24, 2012, (hereinafter referred to as “Rubric”), which is hereby incorporated by reference. Following review, each reviewer shall submit the completed Rubric to the Office no later than the first business day of January. Reviewers shall not discuss the curriculum review with any individual or organization other than the point of contact designated by the Director of the Office.

1. A comprehensive curriculum must earn an average Rubric score of at least 80% to receive approval.

2. A supplemental curriculum must earn a score of 80% for each developmental domain or character development component addressed.

(f) The Office will send written notification of approval or disapproval of a curriculum for use in the School Readiness program to the requestor no later than the first business day of February.

(g) If a curriculum is disapproved for use in the School Readiness program, a requestor may obtain a copy of the completed Rubrics and/or request a reassessment of the curriculum by submitting a request to the Office at 250 Marriott Drive, Tallahassee, Florida, 32399 or at the email address [e-mail] within twenty business days of the requestor’s receipt of the curriculum’s disapproval notification. Once the request for reassessment is received, the Office will acknowledge receipt of the request in writing, will render a decision within 15 business days, and notify the requestor of approval or disapproval by certified mail. If the requestor does not receive a response within this time period, the requestor should contact Florida’s Office of Early Learning to determine whether the determination stands. Upon contact by the requestor, Florida’s Office of Early Learning will again issue its determination in writing. The requestor may appeal a decision of disapproval from the Office pursuant to Chapter 120, F.S.

(5) Curriculum Reviewers. Individuals who wish to participate in the curriculum review process established under this rule shall complete and submit a Curriculum Reviewer Application, Form OEL-SR 32, dated January 24, 2012, which is hereby incorporated by reference, to Florida’s Office of Early Learning at 250 Marriott Drive, Tallahassee, Florida, 32399 or at the email address [e-mail]. Reviewers must:

(a) Hold a Bachelor’s or higher degree in the fields of early childhood education, child development, elementary education, curriculum and instruction, educational leadership, exceptional education, early childhood special education, or a related field;

(b) Have a minimum of five years of employment and experience in a field related to early childhood education, child development, elementary education, curriculum and instruction, or educational leadership, exceptional education, early childhood special education;

(c) Complete an Office sponsored training on the performance standards adopted by the Office;

(d) Complete an Office sponsored training on the use of the Rubric;

(e) Not have a financial interest, as defined in Section 112.3143, F.S., in any curriculum he or she reviews;

(f) Not have any personal interest in any curriculum he or she reviews (such as employment of the individual or his or her relatives, as defined by Section 112.3143, F.S., by the publisher in any capacity, or certification of the individual or his or her relatives as a trainer in the use and/or application of the curriculum within the past three years);

(g) Submit documentation supporting any claim made on the Form OEL-SR 32, upon the request of the Office;

(h) Contact the Office to provide updated information when qualifications change or to request removal from consideration for selection when an individual no longer wishes to participate in the curriculum review process;

(i) Not receive compensation for participating under this rule.

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

NAME OF PERSON ORIGINATING PROPOSED RULE: Courtnie Wheeless, 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: December 22, 2011