RULE NO: RULE TITLE
60BB-8.700: Low-Performing Provider; Voluntary Prekindergarten Improvement Plan and Implementation
60BB-8.701: Low-Performing Provider; Voluntary Prekindergarten Education Program First Year Probation
60BB-8.702: Low-Performing Provider; Voluntary Prekindergarten Education Program Second Year Probation
60BB-8.703: Low-Performing Provider; Removal From Voluntary Prekindergarten Education Program Eligibility
PURPOSE AND EFFECT: The purpose of the proposed rule development is to implement an improvement plan process by which Voluntary Prekindergarten Education (VPK) Program providers who fail to achieve minimum statewide kindergarten readiness rates, as determined by the State Board of Education, must comply with the provisions of Section 1002.67, Florida Statutes. Section 1002.75, Florida Statutes, requires the Agency for Workforce Innovation (the Agency) to adopt, in consultation with and subject to the approval of the Department of Education, procedures governing the administration of the VPK Program by the early learning coalitions and school districts for approving improvement plans of private prekindergarten providers and public schools under Section 1002.67, Florida Statutes; for placing providers on probation and requiring corrective actions under Section 1002.67, Florida Statutes; and for removing providers from eligibility to deliver the program due to remaining on probation beyond the time permitted under Section 1002.67, Florida Statutes. The proposed rules fulfill the Agency’s duty to adopt rules regarding the improvement process.
SUBJECT AREA TO BE ADDRESSED: In accordance with Florida Statutes, the proposed rules address the requirements for approving improvement plans submitted by VPK providers; the corrective actions providers are required to implement when on probation; and the procedures for removal of a VPK provider by coalitions or school districts as a result of remaining on probation beyond the time permitted by statute.
SPECIFIC AUTHORITY: 1002.79(2) FS.
LAW IMPLEMENTED: 1002.67(c), 1002.75(3)(a), 1002.75(3)(b), 1002.75(3)(c) FS.
A RULE DEVELOPMENT WORKSHOP WILL BE HELD AT THE DATE, TIME AND PLACE SHOWN BELOW:
DATE AND TIME: March 11, 2009, 1:00 p.m. – 3:00 p.m.
PLACE: TCC Capitol Center, 300 W. Pensacola Street, Tallahassee, FL 32312
THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE DEVELOPMENT AND A COPY OF THE PRELIMINARY DRAFT, IF AVAILABLE, IS: Kristin R. Harden, Assistant General Counsel, Agency for Workforce Innovation, Office of General Counsel, 107 East Madison Street, MSC #110, Tallahassee, Florida 32399-4128, (850)245-7150

THE PRELIMINARY TEXT OF THE PROPOSED RULE DEVELOPMENT IS:

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

(1) Improvement Plans. An early learning coalition or school district, as applicable, shall require any Voluntary Prekindergarten (VPK) provider which fails to meet the minimum kindergarten readiness rates for a program type (school-year or summer) adopted by the State Board of Education under Section 1002.69(6), F.S., to submit an improvement plan under Section 1002.67(3)(c)1., F.S., in accordance with this rule. Prior to submitting an improvement 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 shall include:

(a) A self assessment conducted within the last VPK program year, as defined in subsection 60BB-8.100(11), F.A.C. If a self assessment has not been conducted within the last VPK program year, then conducting a self assessment must be part of the improvement plan. A self assessment shall address at a minimum 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) A description of strategies for improvement of the provider’s VPK program and an implementation schedule that includes:

1. A list of target areas for the VPK provider’s improvement based on the self assessment conducted under paragraph (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 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 shall submit its improvement plan as required in subsection (4) of this rule to the early learning coalition or school district, as applicable, within 30 days of acknowledging the VPK provider’s designation as a low-performing provider in accordance with subsection 6A-1.099821(5), F.A.C.

(b) An early learning coalition or school district, as applicable, shall approve or disapprove of a VPK provider’s improvement plan within 14 days of receipt of the improvement plan. The early learning coalition or school district, as applicable, shall approve the improvement plan if the plan is complete and submitted in accordance with this rule. If the improvement plan is incomplete or insufficient, the early learning coalition or school district, as applicable, shall disapprove of the improvement plan and it shall be returned to the VPK provider with instructions for revision. An amended improvement plan must be submitted by the VPK provider within 30 days of the VPK provider’s receipt of notification of disapproval of its improvement plan and instructions for revision.

(c) A VPK provider’s improvement plan shall be deemed insufficient by the early learning coalition or school district, as applicable, only if implementation would negatively impact the health, safety, or well-being of children:

1. For a licensed VPK provider, in accordance with the standards set forth in Chapter 65C-20 or 65C-22, F.A.C.; and

2. For an accredited VPK provider, in accordance with the health, safety, and child well-being standards of an accrediting association pursuant to the provisions of subsections 1002.55(3)(b)1. and 2., Florida Statutes.

(d) If an insufficient improvement plan is submitted, the early learning coalition or school district, as applicable, shall offer to work with the VPK provider to revise the improvement plan to establish compliance with the applicable provisions of subsection (c) of this paragraph.

(e) A VPK provider’s improvement plan shall be complete if it complies with the provisions of paragraphs (1)(a) and (1)(b) and is submitted in accordance with this rule.

(f) If a VPK provider does not submit its improvement plan as required, the early learning coalition or school district, as applicable, shall not pre-pay the VPK provider nor allow the VPK provider to offer the same type (school year program or summer program) of VPK program until the VPK provider has submitted, and the early learning coalition or school district, as applicable, has approved, the VPK provider’s improvement plan.

(3) Implementation of the First Year Probation Improvement Plan. A VPK provider with an approved improvement plan shall submit periodic reports on its progress in implementing the plan to the early learning coalition or school district, as applicable, in accordance with this paragraph.

(a) A VPK provider shall submit four (4) periodic progress reports each year.

(b) A VPK provider shall submit its first periodic progress report 60 days from the date upon which the State Board of Education releases the provider’s kindergarten readiness rate. If the day upon which the progress report is due is a weekend or state recognized holiday, the report shall be submitted on the following business day. The second, third, and fourth periodic progress reports shall be submitted in the same fashion 150 days, 240 days, and 330 days from the date upon which the State Board of Education releases the provider’s kindergarten readiness rate, respectively.

1. A description of the use of a developmentally appropriate curricula; and

2. A description of strategies for improvement of the VPK program and an implementation schedule that includes the following:

a. A list of target areas for the VPK provider’s improvement based on the self assessment conducted under paragraph 60BB-8.700(1)(a), F.A.C., and any additional areas a provider deems important to its improvement;

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

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

(d) An active 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 adopted by the State Board of Education under Section 1002.69(6), F.S.

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

(a) Except as provided in paragraph (4)(b) of this rule, a private provider must acknowledge its designation as a low-performing provider in accordance with subsection 6A-1.099821(5), F.A.C., submit its improvement plan, and submit its periodic reports electronically through the website http://www.ImproveVPK.org.

(b) A VPK provider which is not able to electronically submit the information required by this rule may, upon request, be permitted to 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_________.

60BB-8.701 Low-Performing Provider; Voluntary Prekindergarten Education Program First Year Probation.

(1) Probation. An early learning coalition or school district, as applicable, shall place on probation any Voluntary Prekindergarten (VPK) provider which fails to meet the minimum kindergarten readiness rates for a program type (school-year or summer) adopted by the State Board of Education under section 1002.69(6), F.S., two consecutive times in accordance with Section 1002.67(3)(c)2., F.S. An early learning coalition or school district, as applicable, shall place a VPK provider on probation by sending a letter of probation notification to the VPK provider via certified mail or via email with a S/MIME receipt confirmation or other comparable receipt confirmation requested. The letter of probation notification shall contain at least the following provisions:

(a) Notification of the date on which the VPK provider was deemed to have been eligible for placement on probation;

(b) Notification that the VPK provider must resubmit an improvement plan in compliance with the requirements of this rule;

(d) Information regarding the manner in which the VPK provider may obtain a list of the curriculum approved by the Department of Education;

(e) Notification that, according to statute, if the provider fails to meet the minimum kindergarten readiness rates for an additional two consecutive years, it will be removed from eligibility to provide the voluntary prekindergarten education program type (summer or school year) for which it has failed to meet the minimum kindergarten readiness rate; and

(2) Corrective Actions. An early learning coalition or school district, as applicable, shall require a VPK provider which has been placed on probation under subsection (1) of this rule to take certain corrective action(s) including submission of a first year probation improvement plan under Section 1002.67(3)(c)2., F.S., to the early learning coalition or school district, as applicable, in accordance with this rule. Prior to submitting a first year probation improvement plan, the VPK provider must acknowledge its designation as a low-performing provider in accordance with subsection 6A-1.099821(5), F.A.C. A first year probation improvement plan must include strategies for improvement of the provider’s VPK program and an implementation schedule that includes the following:

1. A list of target areas for the VPK provider’s improvement that includes;

(a) A description of the use of a developmentally appropriate curricula; and

(b) A description of at least one strategy for improvement of the VPK program;

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

3. An implementation schedule or timeline for the VPK provider to implement the proposed corrective action(s).

(3) Use of Department of Education Curriculum.

An early learning coalition or school district, as applicable, shall require a VPK provider who has been placed on probation to use a curriculum approved by the Department of Education under Section 1002.67(2)(c), F.S.

(4) Submission and Approval of a First Year Probation Improvement Plan.

(a) A VPK provider shall submit its first year probation improvement plan as required in paragraph (4) of this rule 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 in accordance with subsection 6A-1.099821(5), F.A.C.

(b) An early learning coalition or school district, as applicable, shall approve or disapprove of a VPK provider’s first year probation improvement plan within 14 days of receipt of the first year improvement plan. The early learning coalition or school district, as applicable, shall approve the first year probation improvement plan if the plan is complete and submitted in accordance with this rule. If the first year probation improvement plan is incomplete or insufficient, the early learning coalition or school district, as applicable, shall disapprove of the first year probation improvement plan and it shall be returned to the VPK provider with instructions for revision. An amended first year probation improvement plan must be submitted by the VPK provider within 30 days of the VPK provider’s receipt of notification of disapproval of its first year probation improvement plan and instructions for revision.

(c) A VPK provider’s first year probation improvement plan shall be deemed insufficient by the early learning coalition or school district, as applicable, only if implementation would negatively impact the health, safety, or well-being of children in accordance with the following:

1. For a licensed VPK provider, the standards set forth in Chapter 65C-20 or 65C-22, F.A.C.;

2. For an accredited VPK provider, the health, safety, and child well-being standards of an accrediting association pursuant to the provisions of Section 1002.55(3)(b)1. and 2., Florida Statutes;

(d) If an insufficient first year probation improvement plan is submitted, the early learning coalition shall offer to work with the VPK provider to revise the plan to establish compliance with the applicable provisions of paragraph (4)(c) of this rule.

(e) A VPK provider’s improvement plan shall be complete if it complies with the provisions of subsection (1) of this rule and is submitted in accordance with this rule.

(f) If a VPK provider subject to this rule does not comply with its provisions, the early learning coalition or school district, as applicable, shall not pre-pay the VPK provider nor allow the VPK provider to begin instruction for a new VPK program of the same type (summer program or school year program) until the VPK provider has complied with the provisions of this section and the early learning coalition or school district, as applicable, approves the VPK provider’s first year probation improvement plan.

(5) Implementation of the First Year Probation Improvement Plan. A VPK provider with an approved first year probation improvement plan shall submit periodic reports on its progress in implementing the plan to the early learning coalition or school district, as applicable, in accordance with this paragraph.

(a) A VPK provider shall submit four (4) periodic progress reports each year.

1. A description of the use of a developmentally appropriate curricula; and

2. A description of strategies for improvement of the VPK program and an implementation schedule that includes the following:

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

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

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

(a) Except as provided in paragraph (6)(b) of this rule, a private provider must acknowledge its designation as a low-performing provider in accordance with subsection 6A-1.099821(5), F.A.C., submit its improvement plan, and submit its periodic reports electronically through the website http://www.ImproveVPK.org.

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

60BB-8.702 Low-Performing Provider; Voluntary Prekindergarten Education Program Second Year Probation.

(1) Probation. An early learning coalition or school district, as applicable, shall place on probation for a second year any Voluntary Prekindergarten (VPK) provider which fails to meet the minimum kindergarten readiness rates for a program type (school-year or summer) adopted by the State Board of Education under Section 1002.69(6), F.S., three consecutive times in accordance with Section 1002.67(3)(c)3., F.S. An early learning coalition or school district, as applicable, shall place a VPK provider on second year probation by sending a letter of second year probation notification to the VPK provider via certified mail or via email with a S/MIME receipt confirmation or other comparable receipt confirmation requested. The letter of second year probation notification shall contain at least the following provisions:

(a) Notification of the date on which the VPK provider was deemed to have been eligible for placement on second year probation;

(b) Notification that the VPK provider must continue to submit periodic progress reports as part of its corrective actions based upon the target areas identified in the provider’s first year probation improvement plan submitted in accordance with Rule 60BB-8.701, F.A.C.;

(c) Notification that the VPK provider must continue to use a curriculum approved by the Department of Education under Section 1002.67(2)(c), F.S.;

(d) Information regarding the manner in which the VPK provider may obtain a list of curriculum approved by the Department of Education under Section 1002.67(2)(c), F.S.;

(e) Notification that, according to statute, if the provider fails to meet the minimum kindergarten readiness rate the following year, it will be removed from eligibility to provide the voluntary prekindergarten program type (summer or school year) for which it has failed to meet the minimum kindergarten readiness rate; and

(2) Corrective Actions. An early learning coalition or school district, as applicable, shall require a Voluntary Prekindergarten (VPK) provider who has been placed on second year probation to continue the corrective actions enumerated in Rule 60BB-8.701, F.A.C., by continuing to submit periodic progress reports as part of its corrective actions based upon the target areas identified in the provider’s improvement plan submitted in accordance with Rule 60BB-8.701, F.A.C., and using a Department of Education approved educational curriculum.

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

60BB-8.703 Low-Performing Provider; Removal From Voluntary Prekindergarten Education Program Eligibility.

An early learning coalition or school district, as applicable, shall remove a private Voluntary Prekindergarten (VPK) provider which fails to meet the minimum kindergarten readiness rates for a program type (school-year or summer) adopted by the State Board of Education under Section 1002.69(6), F.S., four consecutive times from eligibility to offer the program type (school year or summer) for which the VPK provider has failed to meet the minimum kindergarten readiness rates. The early learning coalition or school district, as applicable, shall remove such a VPK provider by:

(1) Issuing a Letter of Removal to the provider via certified mail or via email with a S/MIME receipt confirmation or other comparable receipt confirmation requested. A Letter of Removal shall contain at least the following provisions:

(a) Notice of the program type (school-year or summer) for which the provider is ineligible;

(b) The date upon which the provider was deemed ineligible to offer the program type;

(c) Notice of termination of current provider agreements under which the provider is offering or would offer in the future the program type for which the provider has been deemed ineligible; and

(d) The effects of ineligibility, including but not limited to the provider’s inability to submit requests for payment for offering the program type which the provider is ineligible following receipt of the Letter of Removal; and

(2) Removing the provider from VPK payment rosters, the VPK provider designation from Child Care Resource and Referral Databases, and from VPK provider profiles.

Specific Authority 1002.79(2) FS. Law Implemented 1002.67(3)(c)4., 1002.75(3)(c) FS. History–New________.