The proposed revisions updates the rule text to include technical changes.

 

DEPARTMENT OF EDUCATION

Division of Early Learning

RULE NO.:RULE TITLE:

6M-9.110Requirements and Criteria for Early Learning Coalition Composition

PURPOSE AND EFFECT: The proposed revisions updates the rule text to include technical changes.

SUMMARY: The rule outlines requirements for private sector business member appointments to early learning coalition boards.

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 office'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.

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: 1002.83(6), F.S.

LAW IMPLEMENTED: 1002.83(6), F.S.

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

DATE AND TIME: March 30, 2022, 9:00 a.m.

PLACE: Collier County School Board Office, 5775 Osceola Trail Naples, FL 34109.

THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Katerina Maroney, Deputy Director of Programs and Policy, Division of Early Learning, 250 Marriott Dr., Tallahassee, Florida 32399, [phone]; [e-mail]

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

6M-9.110 Requirements and Criteria for Early Learning Coalition Composition.

(1) Definitions.

(a) “Ex Officio Member” means a member of the coalition by virtue of holding another office. Ex Officio member positions are set forth in Sections 1002.83(4)(a)-(l)(m), F.S.

(b) through (c) No change.

(d) “Substantial financial interest” refers to standards established herein for appointment of private sector business members. A coalition member, a coalition member’s relative, or a coalition board member’s business entity has a substantial financial interest in the Voluntary Prekindergarten Education Program (VPK) or an early learning coalition’s School Readiness Program (SR), if:

1. The coalition member, the coalition board member’s relative, or the coalition member’s business entity has direct or indirect ownership of more than five (5)% percent of the total assets or capital stock, cumulatively, of one or more of the proscribed sources of income listed in paragraph (1)(e); or

2. During the prior two (2) years, more than five (5) percent of the gross income of the coalition member, coalition member’s relative, or coalition member’s business entity was derived, cumulatively, from one or more of the proscribed sources listed in paragraph (1)(e).

(e) “Proscribed sources of income”. refers to Proscribed sources of income are sources of income derived from interests in the design or delivery of the VPK program or the SR program, including the following sources:

1. The Department of Education and its divisions including the Division Office of Early Learning, the Department of Children and Families, the Department of Education, or a contractor or subcontractor of any of these agencies;

2. An early learning coalition, or a coalition’s or former coalition’s fiscal agent, service provider, contractor, or subcontractor;

3. A school district’s or public school’s preschool program for children from birth until eligibility for admission to kindergarten in a public school under Section 1003.21(1)(a)2., F.S., if the coalition board member’s or coalition board member’s relative’s income was derived from employment in an elected or appointed position in the school district or public school which is responsible for:

a. through d. No change.

4. through 6. No change.

7. A Department of Education Children and Families approved Gold Seal child care accrediting organization;

8. through 10. No change.

(2) Private Sector Business Members. Each early learning coalition may appoint private sector business members. The number of seated private sector members and all voting and non-voting ex officio members shall not exceed thirty (30) total members must be composed of more than one-third private sector business members. The percentage of private sector business members is based on the total number of seated board members at a given time, including all voting and non-voting ex officio members.

(3) No change.

Rulemaking Authority 1001.213(2), 1002.83(6)(5) FS Law Implemented 1002.83(6)(5) FS History–New 3-29-15,

 

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: Richard Corcoran, Commissioner, Department of Education.

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: February 17, 2022

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: January 11, 2022