To add language to clarify program assessment requirements and administration.

 

DEPARTMENT OF EDUCATION

Division of Early Learning

RULE NO.:RULE TITLE:

6M-8.621Program Assessment Requirements for the Voluntary Prekindergarten (VPK) Education Program

PURPOSE AND EFFECT: To add language to clarify program assessment requirements and administration.

SUMMARY: Section 1002.68(2), F.S., requires every private provider and public school in the VPK program to participate in a program assessment of each VPK classroom. The statute requires the program assessment to measure the quality of teacher-child interactions, including emotional support, classroom organization, and instructional support for children ages 3 to 5 years. Rule 6M-8.621, F.A.C., implements the VPK program assessment requirements as statutorily mandated. The rule establishes private and public school VPK program assessment responsibilities, provides program assessment frequency guidelines, establishes the minimum threshold score and the program assessment composite score calculation and outlines administration notification procedures.

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 agency'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), 1002.79, F.S.

LAW IMPLEMENTED: 1002.68(2), 1002.73(3), F.S.

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

DATE AND TIME: October 18, 2023, 9:00 a.m.

PLACE: Caribe Royale Orlando, 8101 World Center Drive, Grand Sierra Ballroom D, Orlando, FL 32821.

THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Amber Gibbens, System Project Coordinator, Division of Early Learning, [e-mail]

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

6M-8.621 Program Assessment Requirements for the Voluntary Prekindergarten (VPK) Education Program.

(1) Definitions. The following definitions are applicable to all rules under Chapter 6M-8, F.A.C.

(a) No change.

(b) “Composite Program Assessment Score” means an average of all Division of Early Learning (DEL)-adopted program assessment dimension scores from VPK classrooms, omitting the negative climate score if included in the tool.

(c) “Contract Minimum Threshold” means the minimum composite program assessment score, as defined in subsection (4) of this rule, that a provider must achieve on the program assessment to be eligible to contract for the VPK Pprogram pursuant to Section 1002.68(5)(a), F.S.

(d) “Early Learning Coalition” or “coalition” means the entity charged with administering the VPK Education Program at the local level pursuant to Sections 1002.53, 1002.68(2), and 1002.73, F.S. “Early Learning Coalition” or “coalition” includes applicable Florida Department of Education (FDOE) contractors.

(e) through (f) No change.

(g) “Program Assessment” means refers to the measurement of the quality of teacher-child interactions, including emotional support, classroom organization, and instructional support for children ages three (3) to five (5) years required by in accordance with Section 1002.68(2), F.S.

(h) “School-year program” means a school-year prekindergarten program consisting of five-hundred and forty (540) instructional hours delivered by a private provider under Section 1002.55, F.S., or by a public school under Section 1002.63, F.S.

(i) “Summer program” means a summer prekindergarten program consisting of three-hundred (300) instructional hours delivered by a private provider or public school under Section 1002.61, F.S.

(2) Program Assessment Requirements. Beginning with the 2022-2023 VPK program year, all private and public school VPK providers must annually participate in a program assessment of each VPK classroom for both the school-year and summer VPK programs. All program assessments must occur during VPK instructional hours and with the ELC-approved lead VPK instructor, present. All program assessments must occur with at least one (1) enrolled VPK student present.

(2)(3) Program Assessment Administration. Early lLearning cCoalitions are shall be responsible for the administration of the program assessments. Each VPK provider must annually participate in a program assessment of each VPK classroom for both the school-year and summer VPK programs. All program assessments must occur during VPK instructional hours with the coalition-approved lead VPK instructor, aide, substitute, or VPK director present for the duration of the observation. All program assessments must occur with at least one (1) enrolled VPK student present.

(a) All program assessments must will be conducted by coalition observers or FDOE-approved FDOE vendor observers.

1. For school-year programs, program assessments must shall be conducted no earlier than fifteen (15) instructional days after the program start date.

2. For summer programs, program assessments must shall be conducted no earlier than five (5) instructional days after the program start date.

3. No change.

(b) All observers must shall have a current certification required by the vendor to conduct a classroom observation with validity and reliability. Only coalition staff, FDOE vendors, or coalition designees may conduct classroom observations. To the extent possible, oObservers must shall have the ability to speak, understand, and write in the language of the classrooms they are observing.

(c) Observers must shall enter and save all dimension scores and notes into the FDOE-approved vendor system within five (5) three (3) business days of conducting a the classroom observation.

(d) The coalition must FDOE shall notify private and public school VPK providers via the Provider Portal of their score for each observed VPK classroom within fourteen (14) calendar days of the observation being completed. An observation is considered complete, when the observer has entered the classroom observation data into the FDOE-approved defined system. Upon a provider’s written request, and within fourteen (14) calendar days, the coalition must provide individual classroom notes to the provider.

(e) VPK classrooms organized as a multi-class group, as defined in Rule 6M-8.400, F.A.C., must shall have one (1) classroom observation completed, and the resulting classroom observation score will shall be used duplicated for each classroom in the cComposite pProgram aAssessment sScore calculation.

(3) (4) Contract Minimum Threshold. The minimum cComposite pProgram aAssessment sScore a VPK program must achieve is 4.00. A provider’s sSchool-year and summer VPK programs are considered separately. Providers For private and public school VPK provider’s programs that score below the cContract mMinimum tThreshold, the private or public school provider may not participate in the VPK Education Program beginning in the consecutive program year and thereafter until the private or public school provider meets the cContract mMinimum tThreshold.

(a) Private and public school VPK providers that score programs below the cContract mMinimum tThreshold based on their cComposite pProgram aAssessment sScore may request from the eEarly lLearning cCoalition a second program assessment within the same program type and year at the provider’s expense. Providers must provide payment to the eEarly lLearning cCoalition for the second program assessment prior to the program assessment being conducted.

(b) A second program assessment for a VPK classroom or classrooms must be requested from the coalition in writing within thirty (30) days of receipt of the composite program assessment score. For second program assessments, each requested classroom will be observed, and its score will replace the previous score to calculate a new composite program assessment score. A single classroom will be observed, and its score will replace the previous score to calculate a new Composite Program Assessment Score if the VPK instructor previously observed is still actively teaching in the classroom being observed. If the previously observed instructor is not active in the classroom and the newly assigned instructor is hired after the previous program assessment was completed, the single classroom will be observed, and its score will replace the previous score to calculate a new Composite Program Assessment Score.

(c) A second program assessment must be requested from the coalition in writing within thirty (30) days of receipt of the Composite Program Assessment Score.

(4) (5) Special Considerations Frequency.

(a) In the event of a change of ownership, sale, sale of assets, conveyance of ownership, or other transfer of ownership interest that requires a VPK private or public school provider to execute a new VPK Provider Contract per Rule subsection 6M-8.301(9), F.A.C., the provider may submit a request to the coalition to retain the existing cComposite pProgram aAssessment sScore if at least 50% of VPK classrooms and their assigned instructors that who were previously assessed remain the same. If the provider elects not to retain the existing score, the provider is required to obtain a program assessment pursuant to subsection (2) of this rule. If 30% or fewer of the VPK program hours remain at the time of the ownership change, a program assessment is not required until the consecutive program year.

(b) Observations conducted in VPK classrooms during participation in the School Readiness pProgram aAssessment under in accordance with Rule 6M-4.740, F.A.C., that meet the requirements of this rule as defined in Section 1002.68(2), F.S., may be used for meeting the contract minimum threshold requirements, provided the observation was conducted within the VPK program hours.

(5) (6) Composite Program Assessment Score Calculation.

(a) The composite program assessment score will be calculated using the combined average of the dimension scores, excluding negative climate scores, from each VPK classroom’s observation and will be rounded to two (2) decimal places. All the active VPK classrooms registered in the Provider Portal for each private and public school provider must be observed to calculate the Composite Program Assessment Score.

(b) All active VPK classrooms registered in the Provider Portal for each VPK provider must be observed to calculate the composite program assessment score. The Composite Program Assessment Score shall be calculated using the combined average of the dimension scores, excluding negative climate scores, from each VPK classroom’s observation and will be rounded to two (2) decimal places.

(6) (7) Program Assessment Scheduling Administration Notifications.

(a) In scheduling a program assessment, eEarly lLearning cCoalitions or their designees must select a two (2)-week window when a VPK provider’s regular activities are occurring, and allow the provider to choose up to three (3) days the provider is  not available for observation. shall provide notification via email to private and public school providers of upcoming program assessments at least two (2) weeks prior to the scheduled program assessment date.

(b) If the provider experiences a temporary closure, as defined in Rule 6M-8.204, F.A.C., on the day it is scheduled to be observed assessed, the provider must shall request to reschedule the program assessment within two (2) weeks of the original program assessment.

(c) If the coalition-approved lead VPK instructor, aide, substitute, and VPK director have a VPK instructor has an extenuating circumstance which causes all to be absent an absence from a classroom on the day it is scheduled to be observed, the observer must shall reschedule the program assessment within two (2) weeks of the original program assessment date. A provider should notify the observer as soon as the provider is aware of any extenuating circumstance which would cause rescheduling of the program assessment an instructor to be absent from a VPK classroom that the instructor is scheduled to be in for an observation.

Rulemaking Authority 1002.79, 1001.02(2)(n) 1002.82(2)(n) FS. Law Implemented 1002.68(2), 1002.73(3) FS. History–New 9-20-22, Amended

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Amber Gibbens, System Project Coordinator, 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 18, 2023

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: August 14, 2023