Notice of Proposed Rule

DEPARTMENT OF EDUCATION
State Board of Education
RULE NO: RULE TITLE
6A-1.099821: Voluntary Prekindergarten (VPK) Provider Kindergarten Readiness Rate
PURPOSE AND EFFECT: The purpose of this amendment is to adopt procedures for the Department to calculate each Voluntary Prekindergarten (VPK) Provider’s 2007-08 Kindergarten Readiness Rate. These rates must be based exclusively upon the results of the statewide kindergarten screening for students completing the VPK Education Program during the 2007-08 and who are administered the statewide kindergarten screening during the 2008-09 school year. The effect is to implement the requirements of section 1002.69, Florida Statutes, and continued implementation of the calculation of kindergarten readiness rates.
SUMMARY: This rule describes the procedures for the Department of Education to use for calculating each voluntary Prekindergarten (VPK) Provider’s 2007-08 Kindergarten Readiness Rate.
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: 1002.73(2)(d) FS.
LAW IMPLEMENTED: 1002.69(5), (6) FS.
A HEARING WILL BE HELD AT THE DATE, TIME AND PLACE SHOWN BELOW:
DATE AND TIME: December 2, 2008, 8:30 a.m.
PLACE: Orlando Airport Hyatt, Orlando, Florida
THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Shan Goff, Office of Early Learning, Florida Department of Education, 325 W. Gaines St., Suite 1524, Tallahassee, FL 32399-0400, (850)245-0445

THE FULL TEXT OF THE PROPOSED RULE IS:

6A-1.099821 Voluntary Prekindergarten (VPK) Provider Kindergarten Readiness Rate.

(1) through (2) No change.

(3) Accuracy of Data.

(a) Prior to the calculation of the VPK Provider Kindergarten Readiness Rate, as described in subsection (5) of this rule, private and public school VPK providers shall have the opportunity to review a cumulative list of all of the children served in their program and the total number of hours they attended enrolled, including allowable absences.

(b) If a private or public provider disputes the accuracy of any figures comprising the cumulative list, of VPK participants or the total number of hours they attended when such change would result in their inclusion or exclusion in the calculation of the VPK Provider Kindergarten Readiness Rate, as measured by the threshold of seventy (70) percent, as described in subparagraph (4)(a)1. of this rule, the provider may submit corrective information to the Office of Early Learning of the Department of Education within 14 days after publication of the cumulative list on the Department’s website (vpk.fldoe.org). The Department, in collaboration with the Agency for Workforce Innovation and the respective Early Learning Coalition, shall review the corrective information and accept or reject the requested corrective information within 21 28 days after publication of the cumulative list on the Department’s website. Upon completion of the corrective process, the Department shall calculate a preliminary VPK Provider Kindergarten Readiness Rate in accordance with the method described in subsection (5) of this rule.

(c) If a private or public school provider disputes the accuracy of the preliminary VPK Provider Kindergarten Readiness Rate as published on the Department’s website or if a private provider disputes ownership at the time of the 2007-08 2006-07 VPK program, the provider may submit documentation to the Department for its review and consideration within 14 days after publication of the  preliminary rate. The Department shall review and accept or reject any changes to the data within 14 28 days after publication. The VPK Provider Kindergarten Readiness Rate will be recalculated in accordance with the method described in subsection (5) of this rule and submitted to the State Board of Education for the purpose of adopting a minimum readiness rate, as required by Section 1002.69(6), F.S.

(4) Criteria for Inclusion in the VPK Provider Kindergarten Readiness Rate for 2007-08 2006-07.

(a) After the conclusion of the review of the data described in subsection (3) of this rule, the Department shall calculate the Kindergarten Readiness Rate for each private or public school VPK provider of either the school year (five hundred forty (540) hour) or summer (three hundred (300) hour) program that served at least four (4) children who:

1. Attended Enrolled in the VPK program for seventy (70) percent or more of the total number of instructional hours; and

2. Participated in each of the kindergarten screening measures.

(b) If a private or public school provider does not meet the criteria described above, information as to why the provider was not included in the VPK Provider Readiness Rate calculation shall be displayed on the VPK Provider Profile required by Section 1002.53(5), F.S.

(5) No change.

(6) VPK Provider Kindergarten Readiness Rates. VPK Provider Kindergarten Readiness Rates shall be binding on new private VPK owners if the change of ownership occurred at a point in time in which seventy (70) percent or more of the VPK school-year or summer program remained.

(a) A change in ownership of a private VPK provider, which occurred at a point in time in which less than seventy (70) percent of the VPK school-year or summer program remained, shall be noted on the Department’s website. For the purpose of this rule, a change of ownership does not include the sale or transfer to family members or persons with a pre-existing ownership interest in the business.

(b) VPK Provider Kindergarten Readiness Rates shall be binding on new private VPK owners if the change of ownership occurred at a point in time in which seventy (70) percent or more of the VPK school-year or summer program remained.

(7) No change.

Specific Authority 1002.73(2)(d) FS. Law Implemented 1002.69(5), (6) FS. History–New 6-3-07, Amended 1-16-08,________.


NAME OF PERSON ORIGINATING PROPOSED RULE: Dr. Frances Haithcock, Chancellor, K-12 Public Schools
NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Dr. Eric Smith, Commissioner, Department of Education
DATE PROPOSED RULE APPROVED BY AGENCY HEAD: October 22, 2008
DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAW: August 8, 2008