To clarify the process and requirements for program assessments and modify the sections related to exempt providers, biennial program assessments, quality improvement thresholds, and program assessment data entry. To repeal ....

 

DEPARTMENT OF EDUCATION

Division of Early Learning

RULE NOS.:RULE TITLES:

6M-4.740Program Assessment Requirements for the School Readiness Program

6M-4.741Program Assessment Threshold Requirements for the School Readiness Program

PURPOSE AND EFFECT: To clarify the process and requirements for program assessments and modify the sections related to exempt providers, biennial program assessments, quality improvement thresholds, and program assessment data entry. To repeal Rule 6M-4.741, F.A.C.

SUMMARY: The amended rules revise the process and requirements for program assessments for the School Readiness 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 division'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(2)(n), 1002.82(2)(n), F.S.

LAW IMPLEMENTED: 1002.82(2)(n), F.S.

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

DATE AND TIME: October 19, 2022, 9:00 a.m.

PLACE: Caribe Royale, 8101 World Center Drive, Orlando, FL 32821.

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

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

6M-4.740 Program Assessment Requirements for the School Readiness Program.

(1) Definitions. The following definitions are applicable to all rules under Chapter 6M-4, F.A.C.

(a) “Care Levels” means refers to the age of the majority (51% or more) of enrolled children in a classroom. Three care levels are used to meet the required observation quota: Infant (ages 0-18 months), Toddler (ages 19-35 months), and Pre-K (ages 36 months-kindergarten entry.)

(b) “Classroom” means refers to any well-defined room in which care is provided or classes are held,; or a room arranged with materials and equipment and set up as a learning space with intent to implement a plan of activities for the School Readiness program. The classroom provides a space where learning can take place uninterrupted by outside distractions. If floor to ceiling walls are not present, the classroom walls must be defined by stable barriers, and must adhere to the requirements for such barriers as established in Forms OEL-SR-6202, OEL-SR-6204, and OEL-SR-6206, as incorporated by reference in Rule 6M-4.620, F.A.C. Any classroom that is eligible to receive a School Readiness child enrollment at any time, is considered a classroom under this definition. Any classroom that serves children in the School Readiness program for less than two (2) consecutive hours a day is not considered a “classroom” under per this definition.

(c) “Composite Classroom” means a School Readiness provider classroom randomly selected through the DEL OEL-defined system to meet the composite score calculation requirements of 50% of classrooms at each care level served by the provider. Observations conducted in Voluntary Prekindergarten (VPK) classrooms within VPK program hours are not subject to random classroom selection and may be used to calculate the Composite Program Assessment Score for the School Readiness program in accordance with Rule 6M-8.621(5)(b), F.A.C.

(d) “Composite Program Assessment Score” means an average of all DEL OEL-adopted program assessment dimension scores, omitting the negative climate score, if included in the tool.

(e) “Contract Minimum Threshold” means the minimum score required by pursuant to Section 1002.82(2)(n), F.S., and defined in subsection (2) of this rule Rule 6M-4.741, F.A.C., that a provider must achieve on a the program assessment to be eligible to contract for the School Readiness pProgram.

(f) “Early Learning Coalition” or “coalition” means refers to the entity charged with administering School Readiness pProgram services pursuant to Sections 1002.83 and 1002.84, F.S. “Early Learning Coalition” or “coalition” includes applicable DEL OEL contractors.

(g) “Negative Climate Score” means the measure of the level of expressed negativity shown by teachers and/or children in a classroom.

(h) “Observer” means a certified reliable observer for the age group of the classroom being observed that meets the requirements of Form DELOEL-SR 740.

(i) “Personnel” means is defined as the director and all teachers entered into the DEL OEL-defined system on the Class Roster and includes all instructional staff assigned to classrooms as lead and assistant teachers. Instructional staff does not include substitutes or others who fill in for an absent teacher or those who are temporarily in a classroom for a teacher break.

(j) “Program Assessment” means refers to the assessment required by Section 1002.82(2)(n), F.S., that measures measurement of the quality of teacher-child interactions, including responsive caregiving, emotional and behavioral support, engaged support for learning, classroom organization, and instructional support for children using the assessment adopted by the Office.

(k) “Quality Improvement Plan” means refers to a targeted twelve (12) month plan to improve program quality using performance goals and strategies.

(l) “Quality Improvement Threshold” means the score as adopted by the Office under Section 1002.82(2)(n), F.S., and defined in Rule 6M-4.741, F.A.C., under which a provider is eligible to contract for the School Readiness Program but must be on a Quality Improvement Plan.

(l)(m) “School Readiness Child Care Slots” means refers to the number of birth to kindergarten entry School Readiness paid child care slots paid filled during a month of service.

(2) Program Assessment Requirements. Beginning with the 2019-20 School Readiness Contract year and subsequent years, Aall School Readiness providers serving children from birth to kindergarten entry must have a program assessment conducted and meet the Contract Minimum Threshold to be eligible to participate in the School Readiness pProgram. School Readiness providers must receive a minimum Composite Program Assessment Score of 4.00 (rounding two decimals) to participate in the School Readiness program. A coalition shall waive the Contract Minimum Threshold if the coalition determines that a provider is essential to meet local child care capacity needs as defined in the coalition’s School Readiness Plan, pursuant to Rule 6M-9.115, F.A.C. Providers that have had the Contract Minimum Threshold waived must be on a Quality Improvement Plan. Providers that meet the minimum score for contracting but do not meet the Quality Improvement Threshold shall be placed on a Quality Improvement Plan.

(a) A coalition shall waive the Contract Minimum Threshold if the coalition determines that a provider is essential to meet local child care capacity needs, as defined in the coalition’s School Readiness Plan required by Section 1002.85, F.S., and Rule 6M-9.115, F.A.C. Providers that have had the Contract Minimum Threshold waived must be on a Quality Improvement Plan.

(b)(a) Form DEL OEL-SR 740, Program Assessment Requirements Handbook, dated (November 2022 April, 2021), is hereby incorporated by reference and may be obtained at the Division office website at www.floridaearlylearning.com or by contacting the Division Office of Early Learning, Department of Education, 325 West Gaines Street 250 Marriott Drive, Tallahassee, FL 32399. The incorporated form is also available at: https://www.flrules.org/Gateway/reference.asp?No=Ref-12828.

(c)(b) Providers must electronically report in the DEL OEL-defined system a director, the number of classrooms, and as well as teachers and care levels assigned to those classrooms, as outlined in Form DEL OEL-SR 740, Program Assessment Requirements Handbook. Non-exempt providers, or exempt providers that have opted in to participate in program assessment requirements, pursuant to paragraph subsection (3)(d) of this rule, must submit an updated monthly roster in the DEL OEL-defined system.

(d)(c) Providers must give consent in the DEL OEL-defined system to coalition staff or a third-party contractor to administer a program assessment for each selected classroom.

(e)(d) Providers that fail to comply with paragraphs (2)(c)(b) and (d)(c) of this rule will not have a program assessment conducted and will not be eligible for a contract to provide School Readiness services.

(f)(e) Program assessments will be provided by the coalition annually.

1. Providers that have been determined ineligible to contract based on program assessment scores may request a second assessment that follows the guidelines in Form DEL OEL-SR 740 and subparagraphs (2)(f)3. and 4. of this rule, and is conducted at the provider’s expense by an observer. The new Composite Program Assessment Score must meet the Contract Minimum Threshold for the provider to be eligible for a School Readiness Ccontract.

2. Providers currently on a Quality Improvement Plan who wish to have a program assessment to conclude their Quality Improvement Plan QIP early may request a second assessment that follows the guidelines in Form DEL OEL-SR 740 and subparagraphs (2)(f)3. and 4. of this rule. The assessment must be is conducted at the provider’s expense by an observer to satisfy the requirements of the Quality Improvement Plan prior to the end of the twelve (12) month Quality Improvement Plan.

3. A single classroom will be reassessed and its classroom score will replace the previous classroom score to calculate a new Ccomposite Program Assessment Sscore, if the teacher previously assessed is still actively teaching in the classroom being reassessed. If the previously assessed teacher is not active in the classroom and the newly assigned teacher is hired after the previous assessment was completed, the single classroom will be reassessed and its classroom score will replace the previous classroom score to calculate a new Ccomposite Program Assessment Sscore. If the previously assessed teacher is not active in the classroom and the newly assigned teacher was moved from a different classroom, every classroom will be reassessed for the new classroom scores to replace the previous classroom assessment scores.

4. If at the time of the provider’s request for a second program assessment, there are less than 50% of the original classrooms in the program assessment baseline or teachers remaining active, new observations shall be made on the randomly selected rooms identified by the DEL OEL-defined system. If the provider adds any new classrooms when its registration is reset, all classrooms selected by the DEL OEL-defined system (50% by care level) must be observed for the second assessment.

(g)(f) Coalitions shall notify providers of their Composite Pprogram Aassessment Sscore within fourteen (14) calendar days after the composite program assessment score is generated. Individual classroom scores and notes shall be provided to providers within fourteen (14) 10 calendar days upon written request by the provider.

(h)(g) Providers currently on a Quality Improvement Plan will have a program assessment completed within sixty (60) calendar days prior to the end of the twelve (12) month Quality Improvement Plan term.

(h) For providers not on a Quality Improvement Plan who score above the Contract Minimum Threshold but below the Quality Improvement Threshold, the coalition shall place the provider on a Quality Improvement Plan within ten calendar days after the provider is notified of the composite program assessment score.

(i) Except as noted herein, Ffor contracted School Readiness providers that score below the Contract Minimum Threshold, the coalition shall terminate the current contract and may revoke the provider’s eligibility for up to five (5) years pursuant to Section 1002.88(2)(a), F.S. The coalition will send wWritten notice of termination will be sent to the provider from the coalition at least thirty (30) calendar days before the termination date. If a current contract is set to expire less than thirty (30) calendar days from the termination date, the coalition shall provide immediate written notification to the provider. Written notification must include a reason and identify the contract revocation period. For the 2020-21 School Readiness contract year only, an exception shall be made for providers that score a 3.00-3.49 and do not receive a contract minimum score of 3.5 on a voluntary second assessment, shall receive a School Readiness Contract if they agree to participate in a Quality Improvement Plan as prescribed in subsection (6) of this rule. The Quality Improvement Plan strategies the provider must participate in are CLASS Group Coaching Training and Certified Coaching Visits, as defined in Exhibit 3 of The State of Florida Statewide School Readiness Provider Contract, Form OEL-SR 20, incorporated by reference in Rule 6M-4.610, F.A.C. If the selected teacher has previously participated in CLASS Group Coaching Training, the coalition shall select a different strategy from Exhibit 3 of the School Readiness contract.

(j) For the 2021-22 contract year only, a provider’s eligibility to contract may be based on the score received from a program assessment conducted in fiscal years 2018-19, 2019-20 or 2020-21. At the time of contracting, the coalition shall use a provider’s the most recent Composite Pprogram Aassessment Sscore.

(3) Exemptions.

(a) Providers meeting one of the following shall be exempt from the annual program assessment requirement:

1. A provider that has not been cited for received one (1) Class I or more than three (3) of the same Class II School Readiness health and safety violations, as defined by rule of cited by, the Department of Children and Families or local licensing agency, as applicable, in the two-year period prior to contract execution and is a:

a. Child care center with 20 percent or less of all paid filled School Readiness child care slots out of the maximum capacity, as defined in Forms OEL-SR-6202, OEL-SR-6204, and OEL-SR-6206, as incorporated by reference in Rule 6M-4.620, F.A.C., or

b. Family child care homes with two or fewer of paid filled School Readiness child care slots out of the maximum capacity, as defined in Forms OEL-SR-6202, OEL-SR-6204, and OEL-SR-6206, as incorporated by reference in Rule 6M-4.620, F.A.C.

2. Providers that offer only overnight School Readiness services.

(b) Providers will no longer be exempt under this paragraph if the provider is cited for disqualifying health and safety violations When a provider’s violations cited by the Department of Children and Families or local licensing agency, as applicable, or if the provider’s paid filled School Readiness child care slots meet or exceed the enrollment exemption threshold in paragraph (3)(a) of this rule, during the operating hours of from 7:00 a.m. to 6:00 p.m., per its provider type, the provider shall no longer be exempt under this section. The A coalition shall monitor a provider’s health and safety violations cited by the Department of Children and Families or local licensing agency, as applicable, and paid filled School Readiness child care slots monthly, and, if the notify to provider fails to within  21 calendar days if the provider’s  filled slots meet or exceed the exemption requirements threshold in paragraph (3)(a) of this rule, or if the provider is cited for disqualifying licensing violations. the coalition shall notify the provider of the loss of its exempt status within thirty (30) calendar days. To continue contracting for School Readiness services, A the provider must receive a program assessment pursuant to subsection (2) of this rule within thirty (30) calendar days of notification to continue contracting for School Readiness services.

(c) Providers that are determined to be no longer exempt under subsection (3) of this rule will permanently remain non-exempt and shall have a program assessment conducted annually.

(d)(c) Exempt providers may opt to participate in program assessment requirements by submitting a request in writing to the coalition prior to contracting for the School Readiness pProgram and after registering within the DEL-defined system, as outlined in Form DEL-SR 740. The coalition shall coordinate and complete a program assessment within sixty (60) calendar days of receipt of the request and provider registration within the DEL-defined system notice. A provider’s The request to participate in a program assessment shall constitute a waiver of the exemption and subjects the provider to all of the requirements of this rule.

(e)(d) If a school-age-only provider changes the current care levels served to include any children ages birth-kindergarten entry, and does not require a new contract to be executed, that provider is they are exempt from the program assessment requirements until the provider meets or exceeds they cross the enrollment threshold in of paragraph (3)(a) of this rule. Once this threshold is met or exceeded, the program assessment must be conducted in accordance with subsection paragraph (2)(3)(b) of this rule.

(4) Frequency.

(a) All participating School Readiness pProgram providers shall receive an annual program assessment prior to executing a School Readiness Contract, unless the provider is determined exempt in accordance with this rule.

(b) In the event of a change where the provider is considered a new provider and must execute a new School Readiness Contract per Rule subsection 6M-4.610(4), F.A.C., the provider may, within thirty (30) calendar days of contract execution, request, prior to executing a new contract, to retain the most recent Composite Pprogram Aassessment Sscore without having to conduct a new assessment, if the provider can provide documentation to the coalition showing that it has retained 80% of personnel listed in the DEL OEL-defined system, and there is no change in capacity or classrooms from when the previous assessment was conducted for the remainder of the contract term period. Examples of acceptable documentation include current payroll time sheets and evidence in CARES of monitored personnel during the pre-contractual health and safety inspection, classroom rosters, or attendance documentation. The coalition shall determine if the provider meets the requirements of this paragraph, if requested.

(c) Providers that achieve a Composite Pprogram Aassessment Score result of 5.00 or higher (rounded by two decimals) as identified in subsection 6M-4.741(3), F.A.C., shall have the option for a program assessment to be conducted biennially. To continue to have assessments conducted biennially, The providers shall not be cited for receive one (1) Class I or more than three (3) of the same Class II School Readiness health and safety violations, as defined by rule of cited by the Department of Children and Families or local licensing agency, as applicable, during the biennial period and must retain 80% of personnel listed in the DEL OEL-defined system for the remainder of the contract term to continue to have assessments conducted biennially.

(d) Beginning with the 2023-24 School Readiness Contract year, the biennial program assessment designation shall be discontinued. All eligible School Readiness providers that held a biennial program assessment designation prior to the 2023-24 School Readiness Contract year will be subject to annual program assessment requirements in accordance with this rule and must have an annual program assessment conducted prior to executing a 2024-25 School Readiness Contract. Providers that have had multiple program assessments conducted shall use the most recent program assessment data for contracting purposes.

(e) Program assessments conducted during participation in other quality initiatives that meet requirements as defined in Form DEL OEL-SR 740, Program Assessment Requirements Handbook, may be used for meeting Contract Minimum Threshold requirements, provided the assessment it was conducted for the purpose of overall teacher/child interaction, is the most recent Composite Pprogram Aassessment Sscore is used available, and the assessment was conducted within the fiscal year applicable for contracting and reduces duplication of effort.

(5) Composite Program Assessment Composite Score Calculation.

(a) 50% of the classrooms in every care level (ages infant-Pre-K) served by a the provider must be assessed to determine the Composite Pprogram Aassessment composite Sscore.

1. If there is an odd number of classrooms in a care level, the required number of classrooms shall be rounded up.

(b) Composite Pprogram Aassessment Sscores shall be calculated using the combined average of the dimension scores, excluding negative climate scores, from each selected composite classroom’s assessment.

1. All composite classrooms must be assessed before a calculation can be made to determine the final Ccomposite Pprogram Aassessment Sscore.

2. After the dimension scores have been averaged, final Composite Pprogram Aassessment composite Sscores will be rounded to two decimal places.

(6) Quality Improvement Plans. The Quality Improvement Plan will include performance goals and quality improvement strategies as provided for in Form DEL OEL-SR 20, incorporated by reference in Rule 6M-4.610, F.A.C. Coalitions may choose quality improvement strategies as indicated in the coalition’s approved School Readiness Plan required by Section 1002.85, F.S., and pursuant to Rule 6M-9.115, F.A.C., to develop Quality Improvement Plans for providers that need to increase program assessment scores.

(a) Providers that have not been determined essential to meeting child care capacity needs per subsection (2) of this rule and that have been on a Quality Improvement Plan for twelve (12) months and do not meet the Contract Minimum Quality Improvement Threshold at the next annual program assessment will have their School Readiness Ccontract terminated by the coalition. The coalition shall terminate the contract and may have their revoke the’s eligibility revoked for up to five (5) years by the coalition. Written notice of termination will be sent to the provider from the coalition at least thirty (30) calendar days before the termination date.  Written notification must include a reason and identify the contract revocation period.

(b) Providers  have not previously been placed on a Quality Improvement Plan that have program assessment results that fall below the Quality Improvement Threshold will be placed on a Quality Improvement Plan for 12 months. Providers shall not be on a Quality Improvement plan for more than one consecutive 12 month period.

(b)(c) The twelve (12) month Quality Improvement Plan period may extend beyond the contract year depending on its start date and is applied for purposes of executing a new contract.

(d) Providers who were on a Quality Improvement Plan for the 2019-2020 School Readiness contract year that do not meet the Quality Improvement Threshold but score at or above the Contract Minimum Threshold for the 2020-21 contract year are permitted to be on a Quality Improvement Plan for two (2) consecutive 12 month periods.

(e) Providers placed on a Quality Improvement Plan in the 2019-20 contract year and subsequent years, shall not have a Quality Improvement Plan for more than two years within a five-year period. Providers that surpass this number will not be eligible to contract for the School Readiness Program for a period of up to five years as determined by the coalition.

(c)(f) Providers that have been determined to be essential to meeting child care capacity needs per subsection (2) of this rule and have an active Quality Improvement Plan shall not have a Quality Improvement Plan for more than three (3) consecutive years.  Providers that surpass this number will not be eligible to contract for the School Readiness pProgram for a period of up to five (5) years as determined by the coalition.

Rulemaking Authority 1001.02(2)(n) 1001.213,1002.82(2)(n) FS. Law Implemented 1002.82(2)(n) FS. History–New 11-29-18, Amended 5-5-20, 4-15-21,

 

The following rule is hereby repealed:

6M-4.741 Program Assessment Threshold Requirements for the School Readiness Program.

Rulemaking Authority 1001.213, 1002.82 FS. Law Implemented 1002.82(2)(n) FS. History–New 11-29-18, Amended 5-5-20, 4-15-21, Repealed

 

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

NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Manny Diaz Jr., Commissioner, Department of Education.

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: September 8, 2022

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: August 1, 2022