To comply with updated federal health and safety preservice training requirements, eliminate duplication of health and safety standards for child care programs licensed or regulated by Department of Children and Families, ....

 

DEPARTMENT OF EDUCATION

Division of Early Learning

RULE NO.:RULE TITLE:

6M-4.620Health and Safety Checklists

PURPOSE AND EFFECT: To comply with updated federal health and safety preservice training requirements, eliminate duplication of health and safety standards for child care programs licensed or regulated by Department of Children and Families, repeal outdated forms, and add new forms.

SUMMARY: The proposed rule establishes School Readiness Program standards and requirements for health and safety, inspections, and training.

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 proposed rule is not expected to have any adverse impact on economic growth, business competitiveness or any other factors listed in s. 120.541(2)(a), F.S., and will not require legislative ratification. No increase in regulatory costs are anticipated as a result of the rule changes.

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), 1002.82(2)(i), (w), (x), (y), and (z), F.S.

LAW IMPLEMENTED: 1002.82(2)(i), (w), (x), (y), (z), 1002.88(1)(c), (d), (e), (j), and (k), F.S.

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

DATE AND TIME: August 23, 2023, 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, Division of Early Learning, [phone] or [e-mail].

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

Substantial rewording of Rule 6M-4.620 follows. See Florida Administrative Code for present text.

6M-4.620 Health and Safety for School Readiness Providers Checklists.

(1) Contracted Providers. A child care provider contracted to provide School Readiness services pursuant to Rule 6M-4.610, F.A.C., must comply with the health and safety standards, as applicable to its provider type, contained in Form DEL-SR6200A, School Readiness Program Health and Safety Standards Handbook (the Handbook) effective September 2023, and Form DEL-SR6200B, School Readiness Program Health and Safety Checklist (the Checklist) effective September 2023. The Handbook and the Checklist are incorporated by reference and available on the Division of Early Learning (DEL) website at www.floridaearlylearning.com or by contacting the DEL, Department of Education, 325 West Gaines Street, Tallahassee, Florida. The incorporated forms are also available at (insert link) or (insert link).

(2) Inspections.

(a) All School Readiness providers must address basic health and safety of their program(s) and facilities and allow the Department of Children and Families (DCF) or local licensing agency (LLA), whichever is applicable, the ability to inspect all program premises, including access to facilities, personnel, and records, to monitor and verify compliance with School Readiness health, safety, and training standards, pursuant to Sections 402.311(2) and 1002.82(2)(i), F.S.

(b) Prior to participation in the School Readiness Program, and annually thereafter, each School Readiness Program facility must be inspected for compliance with the requirements of DCF Rules 65C-20.008 and 65C-20.012 or Rules 65C-22.001, 65C-22.007, 65C-22.008, and 65C-22.010, F.A.C. (as applicable); Section 1002.88, F.S.; the Handbook; and the Checklist. DCF’s health and safety requirements per provider type are specified in section 2.1 of the Handbook. Annual inspections will be unannounced and take place within the year at a time determined by the DCF or LLA (as applicable). The process for such inspections can be found in the Handbook incorporated in this rule.

(c) A School Readiness provider that is a registered family day care home or is not subject to licensure or registration by the DCF or LLA must post the results of its most recent health and safety checklist inspection, as verified by the DCF or LLA (as applicable), in a conspicuous location easily accessible to parents within seven (7) days of receipt. Providers must also submit a copy of the results to their local early learning coalition.

(d) A School Readiness child development program with national accreditation that operates on a military installation must submit to the appropriate early learning coalition a verified annual inspection from the United States Department of Defense pursuant to Section 1002.88, F.S., to satisfy inspection requirements.

(3) Enforcement. Any issue of noncompliance with the standards outlined in the Handbook and the Checklist, as identified by the DCF or LLA (as applicable), will be forwarded to the appropriate early learning coalition for corrective action, probation, or termination, in accordance with enforcement procedures outlined in the Handbook and the Statewide School Readiness Provider Contract for the School Readiness Program; incoporated in Rule 6M-4.610, F.A.C.

(4) Compliance. School Readiness providers must be in compliance with all  health and safety requirements of this rule to execute and maintain a Statewide School Readiness Provider Contract.

Rulemaking Authority 1001.02(2)(n), 1001.213(2), 1002.82(2)(i), (t)-(w)-(z), 1002.88(1)(c) FS. Law Implemented 1002.82(2)(i), (t)-(w)-(z), 1002.88(1)(c)-(e),(j),(k) FS. History–New 7-1-14, Amended 10-24-16, 2-16-17,

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Katerina Maroney, Deputy Director, 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: July 24, 2023

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: June 15, 2023