Notice of Proposed Rule

DEPARTMENT OF MANAGEMENT SERVICES
Agency for Workforce Innovation
RULE NO: RULE TITLE
60BB-8.700: Low-Performing Provider; Voluntary Prekindergarten Improvement Plan and Implementation
PURPOSE AND EFFECT: To adopt rules to establish procedures for the Voluntary Prekindergarten Improvement Plan Process for low performing providers Sections 1002.67(3)(c)1. and 1002.75(3)(a), F.S.
SUMMARY: The proposed rules seek to establish procedures for the Voluntary Prekindergarten Improvement Plan Process for low performing providers in accordance with Sections 1002.67(3)(c)1. and 1002.75(3)(a), F.S.
SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS: No Statement of Estimated Regulatory Cost was prepared.
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.
SPECIFIC AUTHORITY: 1002.79 (2) FS.
LAW IMPLEMENTED: 1002.67(3)(c)1., 1002.75(3)(a) 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: July 20, 2007, 1:30 p.m. – 3:30 p.m. or until close of business
PLACE: Hyatt Regency Hotel, 211 North Tampa Street, Tampa, Florida
THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Kelley Cramer, Senior Attorney, 107 East Madison Street, MSC 110, Tallahassee, Florida 32399-4128, (850)245-7150

THE FULL TEXT OF THE PROPOSED RULE IS:

60BB-8.700 Low-Performing Provider; Voluntary Prekindergarten Improvement Plan and Implementation.

(1) A VPK provider required to submit an improvement plan under Section 1002.67(3)(c)1., F.S., must submit its plan to the early learning coalition or school district, as applicable, in accordance with this Rule. Prior to submitting a plan, a VPK provider must acknowledge its designation as a low-performing provider in accordance with subsection 6A-1.099821(5), F.A.C. An improvement plan must include the following:

(a) Needs Assessment. An improvement plan must include a needs assessment, administered within the last year, of the provider’s VPK program. If a needs assessment has not been administered within the last year, then a needs assessment must be part of the improvement plan. A needs assessment should include the use of an assessment instrument that assesses the following areas of the provider’s program:

1. Administrative and management practices, including training, educational level, and retention or turnover of prekindergarten instructors;

2. Developmentally appropriate curricula;

3. Classroom learning environment;

4. Classroom instructional practices;

5. Child developmental screenings and assessments;

6. Social-emotional interactions among prekindergarten instructors and children; and

7. Family involvement in the early childhood program.

(b) Improvement Strategies and Implementation Schedule. An improvement plan must describe strategies for the improvement of the VPK provider’s VPK program and an implementation schedule that includes the following:

1. A list of targeted areas for the VPK provider’s improvement based on the needs assessment conducted under subsection (1)(a) and any additional areas a provider deems important to its improvement;

2. A list of those specific actions already taken, or proposed to be taken, by the VPK provider for improvement in at least two of the targeted areas; and

3. An implementation schedule or timeline for the VPK provider to implement the proposed actions.

(2) Submission and Approval of Improvement Plan.

(a) A VPK provider must submit its improvement plan as required in subsection (4) to the early learning coalition or school district, as applicable, within 30 days after acknowledging the VPK provider’s designation as a low-performing provider under subsection (1).

(b) A coalition shall approve a private provider’s improvement plan, and a school district shall approve a public school’s improvement plan, within 10 business days, if the plan is complete and submitted in accordance with this rule. If the improvement plan is incomplete or insufficient, it will be returned to the VPK provider with instructions for revision. An amended plan must be submitted within 30 days.

(c) A VPK provider required to submit an improvement plan may not begin instruction for a new VPK class or program until the coalition or school district, as applicable, notifies the provider that the improvement plan has been approved.

(d) A VPK provider must provide a copy of an improvement plan upon request.

(3) Implementation of Improvement Plan.

(a) A VPK provider with an approved improvement plan must submit periodic reports on the VPK provider’s progress in implementing the plan to the early learning coalition or school district, as applicable, as required in subsection (4). The Agency for Workforce Innovation Office of Early Learning determines the timelines for the periodic reports.

(b) A VPK provider must continue to submit periodic reports of progress until the Department of Education publishes a kindergarten readiness rate for the VPK provider which meets or exceeds the minimum satisfactory rate.

(4) Electronic Submission of Improvement Plan; Alternative Submission Methods.

(a) Except as provided in paragraph (b), a private provider or public school must acknowledge its designation as a low-performing provider, submit its improvement plan, and submit its periodic reports electronically through the website http://www.ImproveVPK.org.

(b) A private provider not able to submit the required information electronically may, upon request, submit the information through an alternative method approved by the Agency for Workforce Innovation. A request must be submitted to the Office of Early Learning of the Agency for Workforce Innovation at the following address: Caldwell Building, Suite 100, 107 East Madison Street, MSC 140, Tallahassee, Florida 32399-4128, (866)357-3239, TTY/TDD (800)955-8771, Voice (800)955-8770.

Specific Authority 1002.79(2) FS. Law Implemented 1002.67(3)(c)1., 1002.75(3)(a) FS. History–New________.


NAME OF PERSON ORIGINATING PROPOSED RULE: Kelley Cramer, Senior Attorney, 107 East Madison Street, MSC 110, Tallahassee, Florida 32399-4128, (850)245-7150
NAME OF SUPERVISOR OR PERSON WHO APPROVED THE PROPOSED RULE: Rosa McNaughton, General Counsel, 107 East Madison Street, MSC 110, Tallahassee, Florida 32399-4128, (850)245-7150
DATE PROPOSED RULE APPROVED BY AGENCY HEAD: June 15, 2007
DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAW: February 25, 2005