The purpose of the revised rule is to establish a screening and referral process requirements to comply with federal and statutory mandate.

 

DEPARTMENT OF EDUCATION

Office of Early Learning

RULE NO.:RULE TITLE:

6M-4.720Screening of Children in the School Readiness Program

PURPOSE AND EFFECT: The purpose of the revised rule is to establish a screening and referral process requirements to comply with federal and statutory mandate.

SUMMARY: The proposed rule Screening of Children in 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 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: 1001.213(2), FS.

LAW IMPLEMENTED: 1002.82(2)(f)(2), 1002.84(5), FS.

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

DATE AND TIME: Wednesday, June 23, 2021, 2:30 p.m. – 3:30 p.m. ET, or at the conclusion of business whichever is earlier.

Thursday, June 24, 2021, 11:00 a.m – 12:00 p.m. ET, or at the conclusion of business whichever is earlier.

PLACE: via GoToWebinar only. To register for the webinar, please visit: 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 48 hours before the workshop/meeting by contacting: Katerina Maroney, [phone], [e-mail]. 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: Katerina Maroney, School Readiness Policy Supervisor, Office of Early Learning, 250 Marriott Dr., Tallahassee, Florida 32399, [phone]; [e-mail]

 

THE FULL TEXT OF THE PROPOSED RULE IS:

6M-4.720 Screening of Children in the School Readiness Program.

(1) Definitions. As used in this rule:

(a) No change.

(b) No change.

(c) No change.

(d) “Exceptions” are circumstances in which School Readiness children aged six weeks to age 60 months of kindergarten eligibilityare not required to be screened under this rule.

(e) “Intervention practices” “Individualized supports” means the action taken subsequent to a child demonstrating concerns based on screening results.

(f) “Redetermination” means the process conducted by the early learning coalition at least annually to determine if a child’s family continues to meet minimum requirements to participate in the School Readiness program pursuant to Rule 6M-4.200 6M-4.209, F.A.C.

(g) No change.

(h) “Screening” means activities to identify children who may have concerns and who may need individualized early intervention practices as supports.

(j) “Screener” means the individual responsible for conducting the developmental screening for each child. 

(k)  “Screening Start Date” is the date of the child’s first day  of attendance at the School Readiness program after enrollment or the first day of attendance after the annual redetermination date.

(2) Screening Process. A developmental screening shall be conducted for each child aged six (6) weeks to 60 months with parental consent. The parent of a child enrolled in the School Readiness program may consent or decline to have his or her child screened within the single statewide information system (SSIS). A parent’s screening decision remains in effect until redetermination.

(a) By July 1, 2013, each early learning coalition shall implement processes consistent with the text of this rule.

(a)(b) Initial screening. Each early learning coalition shall coordinate with parents and or providers to complete an initial screening for each child, aged six (6) weeks to age 60 months of kindergarten eligibility. Children shall be screened no later than 45 calendar days after:

1. No change.

2. Subsequent Eenrollment after being terminated or withdrawn from the School Readiness program.

If a child, aged six weeks to age 60 months, is again enrolled in the School Readiness program after prior termination or withdrawal that is less than 12 months from initial enrollment, the coalition must determine if the child has been screened in accordance with the subsequent screening intervals identified in paragraph (2)(c)(f), no later than 45 calendar days after subsequent enrollment.

(b) Subsequent screenings. Each early learning coalition shall coordinate with parents and providers for subsequent screenings to be completed annually at redetermination.

(c) Screening intervals.

1. Initial and subsequent screenings conducted by the parent shall be completed within the first five (5) calendar days of the enrollment or redetermination.

2. Initial and subsequent screenings conducted by the provider or coalition shall be completed within forty-five (45)  calendar days of the screening start date.

3. This rule is not intended to limit the number of screenings offered to a child enrolled in a School Readiness program. A coalition may conduct additional screenings at its discretion.

(d)(c) Screening alternatives.Completion of screenings. Upon initial or subsequent enrollment, the screening instrument shall be available to each parent for completion. A parent can waive their option to be their child’s screener at the time of enrollment.

1. Completion by Coordination with parents. A parent that elects to screen their child(ren) using the SSIS must complete the screening in accordance with subparagraph (2)(c)1 of this rule. The coalition shall make staff persons available to assist parents during the screening, if requested. Screenings not completed by the parent are transferred to the provider or coalition for completion. If a coalitionparentelects to coordinate with parents to implement screenings for children, the coalition shall request the parent screen the child on-site.Early learning coalitions shall make staff persons available to assist parents during the screening,  

2. Completion by Coordination with child care providers. A screening conducted by a child care provider shall be completed in accordance with subparagraph (2)(c)2 of this rule. The provider shall receive electronic notification of each child that must be screened using the SSIS. In the event the SSIS is non-operational, the early learning coalition shall provide written or electronic notification of each child that must be screened to child care provider no later than 15 calendar days after the screening start date. At a minimum, notification shall include the screening start date, the screening due date and each child’s name, date of birth and age.

a. If a coalition elects to coordinate with child care providers to implement screenings for children, the coalition shall notify the child care provider serving each child, in writing, of the date by which the child must be screened. The coalition shall give this notification to the child care provider a minimum of 30 calendar days prior to the date by which the child must be screened.

b. No later than 30 calendar days after completion of a child’s screening, the child care provider shall submit the child’s screening results to the coalition in writing.

3.Completion by early learning coalitions. A screening conducted by a coalition shall be completed in accordance with subparagraph (2)(c)2 of this rule.

4. Each screener can voluntarily complete a screening instrument that solely targets social-emotional domains within the screening intervals described in subparagraph (2)(c) of this rule.

(e) Screening Results. Screening results shall be available to each parent no later than 15 calendar days after the screening due date.

1. Screening results without concerns shall be available to each parent upon completion of the developmental screening within the SSIS.

2. Each early learning coalition shall require a child care provider to provide screening results with concerns in writing to each child’s parent. An early learning coalition shall make staff persons available to explain screening results, if requested by a parent.

(d) The parent of a child enrolled in the School Readiness program may decline to have his or her child screened by completing and submitting to the coalition or child care provider Form OEL-SR 24, dated August 2012, which is hereby incorporated by reference and which may be obtained from Florida’s Office of Early Learning at the following address: 250 Marriott Drive, Tallahassee, Florida 32399, [phone], TTY/Florida Relay 711, and at the Internet website: http://www.floridaearlylearning.com. If a parent submits the form to the child care provider, the child care provider shall submit a copy of the form to the early learning coalition no later than 30 calendar days after receipt. A parent’s screening decision remains in effect if a child changes School Readiness providers within an early learning coalition’s service delivery area

(e) Each early learning coalition shall provide, in writing, or shall require a child care provider to provide in writing, the screening results for each child to the child’s parent. Early learning coalitions shall make staff persons available to explain screening results if requested by a parent.

(f) Subsequent screenings. Each early learning coalition shall coordinate with parents or providers for subsequent screenings:

1. If a coalition coordinates with parents to implement subsequent screenings, each early learning coalition shall request a parent to screen, at a minimum, annually at redetermination, the parent’s child(ren), aged six weeks to age of kindergarten eligibility, enrolled in the School Readiness program.

2. If a coalition coordinates with child care providers to implement subsequent screenings, each child care provider shall screen, at a minimum, annually in the month of the child’s birthday, every child aged six weeks to age of kindergarten eligibility, who is enrolled in the provider’s School Readiness program. This rule is not intended to limit the number of screenings offered to a child; a school readiness provider may conduct additional screenings at its discretion.

(3) Screening Instruments. Each early learning coalition shall select a screening instrument or instruments for use under this rule which meet all of the following criteria:

(a) Covers an age range of at least six weeks to age 60 months kindergarten eligibility;

(b) Addresses, at a minimum, each of the developmental domains established established in the performance standards (Florida Early Learning and Developmental Standards: Birth to Five, Form OEL-SR 30, dated October 2017 August 2012) adopted by Florida’s Office of Early Learning in Rule 6M-4.700, F.A.C;

(c) through (h) No change.

(4) Exceptions. All children enrolled in the School Readiness program aged six weeks to age 60 months of kindergarten eligibility must be screened in accordance with the screening process identified in subsection (2) except children in the following situations:

(a) Children who have been screened in a program other than the School Readiness program within the preceding 12 month period and whose scores were shared with the early learning coalition by the due date established for initial screening in paragraph (2)(a)(b), or subsequent screenings in paragraph (2)(b)(f), and when the screening instrument used meets the criteria in subsection (3), above; or

(b) Children who are receiving services in accordance with an individualized family support plan (IFSP) or individual education plan (IEP), in which the plans have been:

1. No change

2. Shared with the early learning coalition by the due date established for initial screening or subsequent screenings in paragraph (2)(c)(f).

(5) Early Identification and Referral Individualized supports.

(a) Each early learning coalition shall initiate intervention practices individualized supports, no later than 30 60 calendar days after screening, for children who show concerns based on their screening results. Intervention practices must address the identified concern(s).

(b) The coalition shall initiate and document intervention practices that match each concern identified by the screening instrument. The process for implementing intervention practices  Individualized supports must include, at a minimum, one of the following:

1. Additional screening or assessment;

2. Individualized learning plans;

3. Suggested developmental activities for parents or providers;

4. Observations and accommodations in the early learning program;

5. Parent education;

1. Concern identification. The coalition shall identify areas of concern. Examples include but are not limited to observations in the early learning program, parent and provider interviews and additional screening or assessment.

2. Concern analysis. The coalition shall develop priorities, goals, and an action plan to address the identified concerns. An example includes but is not limited to a documented description of the steps the provider and or family will take to address each concern.

3. Intervention implementation. The coalition shall implement interventions practices when there are areas of concern. Examples include but are not limited to coaching for the provider on making program accommodations and providing parent and teacher education.

4. Plan evaluation. The coalition shall follow up to assess the intervention services provided. Examples include but are limited to, a review of the action steps to determine if revision to the analysis is necesarry, sufficient gains are made or if a referral to other early intervention services or specialized care under subparagraph (5)(b)5 is needed.

56. Referrals to early intervention services or specialized care.,if applicable.

a. No change.

b. No change.

(c) A coalition shall document individualized upports or referrals declined by a parent or provider.

(6) No change.

(a)The early learning coalition shall enter, or require the screener child care provider to enter, the child screening data into the single statewide information an electronic system no later than the screening due date 60 calendar days after screening., and Tthe early learning coalition shall enter the individualized supports data from intervention practices into the single statewide information system an electronic system no later than 30 calendar days after initiating intervention practices individualized supports.

(b) The early learning coalition shall make the electronic version of the screening and individualized supports data available to Florida’s Office of Early Learning upon request. The child screening and individualized supports data included in the electronic system must include, at a minimum, the following elements:

1. through 10. No change.

11. Date intervention practices individualized supports were initiated;

12. Type of intervention practices individualized supports initiated;

13. Date of referral, if applicable under sub-subparagraph (5)(b)5.6.; and,

14. Whether the parent elected to receive additional help from the coalition under sub-subparagraph (5)(b)5.b. 6.b.

Rulemaking Authority 1001.213(2) FS. Law Implemented 1002.82(2)(f)2., 1002.84(5)(2) FS. History–New 11-15-12, Amended

 

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

NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Shan Goff, Executive Director

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: May 20, 2021

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: April 15, 2021