Rule 6M-9.120, F.A.C., is created to comply with statutory changes made to s. 1002.82, F.S., within Chapter Law 2021-10, section 49 (HB 419) and s. 1002.83, F.S., within Chapter Law 2021-10, section 50 (HB 419). The department ....

 

DEPARTMENT OF EDUCATION

Division of Early Learning

RULE NO.:RULE TITLE:

6M-9.120Early Learning Coalition Performance Standards and Evaluations

PURPOSE AND EFFECT: Rule 6M-9.120, F.A.C., is created to comply with statutory changes made to s. 1002.82, F.S., within Chapter Law 2021-10, section 49 (HB 419) and s. 1002.83, F.S., within Chapter Law 2021-10, section 50 (HB 419). The department shall adopt performance standards and outcome measures for early learning coalitions that at a minimum includes a customer service survey. If the department determines from a review of the school readiness program plans or through monitoring and performance evaluations conducted under s. 1002.85, F.S., that a coalition has not substantially met its plan, the performance standards and outcome measures or the customer service corrective action plan, or has not effectively administered the school readiness program or the Voluntary Prekindergarten Education Program, the department may remove the coalition from eligibility to administer early learning programs. The department shall adopt procedures for merging coalitions that fail to meet performance standards and outcome measures, as well as, a chief executive officer/executive director evaluation form to be completed by each early learning coalition annually.

SUMMARY: The rule and the incorporated form outline the performance standards, outcome measures, and chief executive director/executive director evaluation criteria for early learning coalitions.

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 section 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: 1002.82(3), (5), 1002.83(14), F.S.

LAW IMPLEMENTED: 1002.82(3), (5), 1002.83(14), F.S.

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

DATE AND TIME: July 13, 2022, 9:00 a.m.

PLACE: Osceola County School District Office, 817 Bill Beck Blvd., Kissimmee, FL 34744.

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: [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, 325 West Gaines Street, Tallahassee, FL 32399, [phone] or email: [e-mail].

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

6M-9.120 Early Learning Coalition Performance Standards and Evaluations.

(1) Definitions.

(a) “Customer service satisfaction survey” is a questionnaire of performance that measures customers’ or related stakeholders’ level of satisfaction with services.

(b) “Early learning programs” means the local administration of the Child Care Resource and Referral (CCR&R) Network, School Readiness (SR) and Voluntary Prekindergarten (VPK) programs.

(c) “Needs Improvement” means there is moderate evidence that performance standards are satisfactorily met.

(d) “Not Substantially Met” means there is little to no evidence that performance standards are satisfactorily met.  

(e) “Performance level” is a description of how high or low a performance rating is within a performance standard.

(f) “Performance rating” means the final performance level resulting from an evaluation of performance standards.

(g) “Performance standards” are the criteria that will establish how well an early learning coalition implements the service delivery and local administration of the CCR&R Network, SR, and VPK programs.

(h) “Substantially Met” means there is evidence that most or all performance standards are satisfactorily met.

(2) Early Learning Coalition Performance Standards. The Division of Early Learning (DEL) shall measure the ability of each early learning coalition to meet performance standards using data from requirements in the DEL Grant Agreement, review of school readiness plans, compliance with the customer service satisfaction survey requirements, and CCR&R, SR, and VPK programmatic and fiscal monitoring, at a minimum.

(a) DEL shall evaluate the coalitions on the following performance standards:

1. Coalition submits early learning program grant agreement deliverables and reports on or before the due date;

2. Coalition maintains and provides CCR&R services in accordance with Rule 6M-9.300, F.A.C.;

3. Coalition implements the school readiness program according to its DEL approved SR coalition plan pursuant to Rule 6M-9.115, F.A.C.;

4. Coalition maintains compliance with financial management requirements for early learning programs (i.e., fiscal reports, revenue, and expenditures); and

5. Coalition completes corrective action plans within required timeframe, if applicable.

(b) Coalitions will receive a performance rating, as outlined in paragraph (4)(a) below, based on the outcome of the evaluation.

(3) Customer Service Satisfaction Survey. The customer service satisfaction survey will be completed by parents, child care providers, CCR&R customers, and early learning coalition board members required under s. 1002.83, F.S.

(a) Beginning in fiscal year 2022-2023, the customer satisfaction survey shall be disseminated to:

1. Customers upon completion of a CCR&R inquiry in accordance with Rule 6M-9.300, F.A.C.;

2. Parents upon an initial eligibility determination, and annually thereafter at redetermination, for the SR or VPK programs, as applicable;

3. Child care providers upon execution of the statewide provider contract for participation in SR or VPK programs; and,

4.  Early learning coalition board members annually.

(b) An early learning coalition with survey results below sixty (60) percent will be placed on a corrective action plan for a period of one (1) year.

(4) Early Learning Coalition Performance Outcomes and Evaluations. The outcome measures from evaluations of performance standards identified in paragraph (2)(a) of this rule will determine the coalition’s performance rating.

(a) A summative performance rating. DEL shall determine each coalition’s performance rating using these performance levels: substantially met, needs improvement, or not substantially met. Performance levels measure compliance with performance standard criterions that indicate the coalition’s effectiveness in the implementation and financial management of early learning programs.

(b) Needs Improvement Performance Ratings. The DEL will provide an early learning coalition with recommendations for improving performance in identified criteria. An early learning coalition may request technical assistance from the DEL for implementing recommendations. 

(c) Not Substantially Met Performance Ratings. The DEL shall issue a corrective action plan to an early learning coalition with a performance rating of “not substantially met” or a customer service satisfaction survey result below sixty (60) percent. Corrective action plans shall include technical assistance, staff professional development, or coaching. If a coalition fails to receive a customer service satisfaction survey result at or above the sixty (60) percent threshold after the one (1) year corrective action period or does not receive a performance rating above “not substantially met” at the next evaluation, the DEL may opt to contract with a qualified entity to continue the delivery of CCR&R, SR, and VPK services in the coalition’s service area until the DEL reestablishes the coalition’s eligibility or merges the coalition with an existing early learning coalition that has substantially met the performance standards.

(5) Chief Executive Officer (CEO) or Executive Director Evaluation. The Early Learning Coalition Board Chair or other delegated member(s) shall annually complete the Chief Executive Officer/Executive Director Annual Performance Evaluation, Form DEL-SR 120, August 2022, for the ELC’s CEO or executive director. The evaluation must be completed and submitted to DEL by August 30 of each year. The Chief Executive Officer/Executive Director Annual Performance Evaluation, Form DEL-SR 120, August 2022, is incorporated by reference and a copy may be obtained from the DEL’s website at www.floridaearlylearning.com or from the following link: (insert link).

(6) Early Learning Coalition Mergers. Coalitions that fail to satisfactorily meet the requirements in subsections (3) and (4) above, may be required to merge their services with another coalition.

(a) Coalitions required to merge must submit the following documentation to DEL within thirty (30) calendar days of receiving written notification:

1. Statement of coalition’s current service area by county;

2. A description of proposed allocation of personnel services;

3. The current financial situation and the anticipated financial situation for two grant program years;

4. Active contracts related to service providers or material service organizations that will remain part of the coalition’s service delivery model;

5. The process by which continuity of services, programs, and operations will be ensured;

6. Identification of the method proposed to reallocate board membership positions among the counties in the newly proposed service area;

7. A description of any proposed improvements or changes to coordinate and reduce the wait list for the newly merged or changed service area;

8. A description of any proposed changes to the service delivery model (i.e., use of a material service organization, contracted service provider, outsourced fiscal management or program services, etc.); and,

9. A description of any record management systems not captured in the Statewide Single Information System.

(b) DEL will notify the impacted adjacent coalitions of an intent to merge within fifteen (15) calendar days of receiving the documentation in paragraph (6)(a) above.

1. The impacted coalition(s) must submit a response to DEL within fifteen (15) calendar days of receiving the intent, which may include the following:

a. A statement of support for merging with the coalition;

b. A statement identifying any additional information the coalition requires to be able to continue the operations of the merging coalition;

c. A statement of interest in alternate arrangements for merging specific portions of the coalition’s service area.

2. An impacted adjacent coalition may review the intent to merge with the board’s Executive Committee in the event the full governing board meeting will not be held within the required response time deadline.

(c) The DEL will review documentation submitted, applicable coalition corrective action plan results and performance standard outcome measures within the previous two consecutive years to approve a coalition merger. Approved coalition mergers require a coalition to develop a merger plan that includes procedures for consolidation that minimize duplication of programs and services and for the early termination of the terms of the coalition members required to accomplish the merger. This plan must be submitted to DEL for review within thirty (30) calendar days from the DEL approval date.

Rulemaking Authority 1001.02(1), (2)(n), 1002.82(3), (5), 1002.83(14), FS. Law Implemented 1002.82(3), (5), 1002. 83(14), FS. History–New

 

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

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

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: June 03, 2022

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: May 9, 2022