The proposed rule revision will address updates to references to rules adopted by the Department of Children and Families, the number of hours a substitute teacher may be assigned to a classroom, and the length of time a provider must retain records.

 

DEPARTMENT OF EDUCATION

Florida's Office of Early Learning

RULE NO.:RULE TITLE:

6M-8.410Voluntary Prekindergarten Program Substitute Instructors

PURPOSE AND EFFECT: The proposed rule revision will address updates to references to rules adopted by the Department of Children and Families, the number of hours a substitute teacher may be assigned to a classroom, and the length of time a provider must retain records.

SUMMARY: The proposed rule revision will amend references to rules adopted by the Department of Children and Families, reduce the number of hours that a substitute teacher may be assigned to a classroom and increase the length of time for record retention.

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 revisions did not exceed any of the criteria established in Section 120.541(2)(a), Florida Statutes. A SERC is not required because the rule revisions do not increase cost to the threshold required for the SERC.

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: 1001.213(2), 1002.55(3)(e), 1002.61(6), 1002.63(6), 1002.79 FS.

LAW IMPLEMENTED: 1002.55(3)(e), 1002.61(6), 1002.63(6) FS.

IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE HELD AT THE DATE, TIME AND PLACE SHOWN BELOW (IF NOT REQUESTED, THIS HEARING WILL NOT BE HELD):

DATE AND TIME: April 3, 2019, 2:00 p.m. to 3:00 p.m. or at the conclusion of business whichever is earlier.

PLACE: GoToWebinar; information regarding registration may be found at: http://www.floridaearlylearning.com/statewide_initiatives/laws_and_rules/proposed_rules.aspx

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 7 days before the workshop/meeting by contacting: Shana Beiro [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: Shana Beiro, VPK Program and Policy, Office of Early Learning, 250 Marriott Dr., Tallahassee, Florida 32399, [phone]

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

6M-8.410 Voluntary Prekindergarten Program Substitute Instructors

(1) No change.

(2) Qualifications. Voluntary Prekindergarten (VPK) substitute instructors must be of good moral character and be screened using the level 2 screening requirements in Section 435.04, F.S., before employment as a VPK substitute instructor. In addition, before employment as a VPK substitute instructor, a VPK substitute instructor must:

(a) No change.

(b) Successfully complete one or more of the following:

1. In a summer VPK program class:

a. No change.

b. No change.

c. A credential approved by the Department of Children and Family Services as defined in Rule 65C-22.001, F.A.C., Rule 65C-22.003, F.A.C., which is hereby incorporated by reference and may be obtained as described in Rule 6M-8.900, F.A.C., as being equivalent to or greater than the national CDA

2. In a school year VPK program class

a. No change.

b. A Department of Children and Family Services 40-hour Introductory Child Care Training course, as described in Rule 65C-22.001, F.A.C., Rule 65C-22.003, F.A.C., if the class is offered in a child care facility;

c. No change.

d. No change.

e. No change.

(3) No change.

(4) Time limitation. Substitute instructors may not be assigned to substitute for an absent credentialed instructor in excess of 20 % 30% percent of the program hours (108 hours for a school year program, 60 hours for a summer program.) The hours and percentages used to calculate the time limitation for a substitute instructor is assigned to the classroom is cumulative. Once 20 percent of the program hours is exceeded using a substitute instructor, any additional substitutes assigned to the class must meet the qualifications of a credentialed instructor otherwise the hours will be considered non-instructional and the classroom schedule shall be modified to make up the lost instructional hours.

(a) No change.

(b) Records created under paragraph (4)(a) shall be maintained by the VPK provider for a minimum of 5 years 1 year and shall be made available for inspection to the VPK provider’s early learning coalition or the Agency during normal hours of operation, and shall submit a copy of the documentation to the coalition or Agency upon the request of the coalition or Agency.

(5) No change.

(6) No change.

Rulemaking Authority 1001.213(2), 1002.55(3)(e), 1002.61(6), 1002.63(6), 1002.79 FS. Law Implemented 1002.55(3)(e), 1002.61(6), 1002.63(6) FS. History–New 8-10-09, Formerly 60BB-8.410, Amended ___________.

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Shana Beiro, VPK Program and Policy

NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Rodney MacKinnon, Executive Director

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: March 07, 2019

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: January 29, 2019