Notice of Change/Withdrawal

State Board of Education
Rule No. : RULE TITLE :
6A-1.099824: Voluntary Prekindergarten (VPK) Low Performing Provider Good Cause Exemption
Notice is hereby given that the following changes have been made to the proposed rule in accordance with subparagraph 120.54(3)(d)1., F.S., published in Vol. 36 No. 46, November 19, 2010 issue of the Florida Administrative Weekly.

Rule 6A-1.099824 is amended to read:

6A-1.099824 Voluntary Prekindergarten (VPK) Program Good Cause Exemption.

Pursuant to Section 1002.69, F.S., the State Board of Education, upon request of a private prekindergarten provider or public school that remains on probation for two (2) consecutive years or more and subsequently fails to meet the minimum rate adopted under Section 1002.69(6)(a), F.S., and for good cause shown may grant to the provider or school an exemption from being determined ineligible to deliver the Voluntary Prekindergarten Education Program and receive state funds for the program.

(1) Criteria for Granting Good Cause Exemptions. Each of the following criteria must be met to be granted a good cause exemption:

(a) Learning Gains. The private prekindergarten provider or public school must demonstrate learning gains on a standardized assessment that tracks the achievement and progress over time of the children having completed the provider’s VPK program. The ratio of students making learning gains to the total number of students assessed must be proportional to the ratio of students ready for kindergarten reflected in the current year’s readiness rate. The documentation of learning gains shall meet the following criteria:

1. No change.

2. Testing procedures for each assessment shall be performed according to the publisher’s guidelines and assessment results shall be tabulated according to the publisher’s guidelines. The provider shall take appropriate measures to ensure the integrity of the testing process. The resulting data from the standardized assessment must be presented in a manner that is clear, concise and easily allows the reviewers to determine the achievement and progress made by the children who completed the VPK program. Applicant must submit a summary of the data using the Department’s VPK Good Cause Exemption Data Form VPK-GCE-01, ( March January 2011, which is incorporated by reference herein.

3. No change.

4. The results of the assessment shall demonstrate substantial and appropriate learning gains by program completers. Learning gains are substantial and appropriate if the ratio of students making learning gains to the total number of students assessed is proportional to the ratio of students ready for kindergarten reflected in the current year’s readiness rate.

(b) through (d) No change.

(e) Faithful Aadherence to an approved provider improvement plan under Section 1002.67(3)(c), F.S., following all steps towards improvement specified in the plan.

(2) No change.

(3) Application. A provider seeking a good cause exemption shall complete the Department’s VPK Good Cause Exemption Application Form VPK-GCE-02, ( March January 2011, which is incorporated by reference herein. The submission of an application for a good cause exemption must adhere to the following:

(a) In addition to the application form, the provider must submit with the application supporting documentation meeting the criteria described in subsection (1) of this rule. The provider may submit additional documentation in support of its application.

(b) A fourth-year low performing provider may submit a good cause exemption application at any time after the release of the annual preliminary VPK Readiness Rates. Supporting documentation submitted with the application must include a review of adherence to the provider improvement plan, fidelity of implementation of the required curriculum pursuant to Section 1006.27(3)2., Florida Statutes, and feedback from the previous year Department’s site visits.; however, Tthe good cause exemption application and all supporting documentation must be received by the Department no later than fourteen (14) days after the timely filed provider acknowledgment of being a low-performing provider submitted pursuant to Rule 6A-1.099821, F.A.C.

(c) The Department may, in its discretion, grant an extension of time for submitting the good cause exemption application or supporting documentation for good cause shown. Good cause includes unavoidable circumstances such as illness or natural disaster, or excusable neglect.

(4) Department Review and Recommendation.

(a) through (c)5. No change.

(d)1. The Department shall issue a preliminary recommendation and report and provide a copy of it to the provider.

2. The provider may submit a written response to the Department’s preliminary recommendation and report within fourteen (14) days one (1) week of receipt.

3. The Department shall consider any timely response and revise the recommendation and report, if appropriate.

(5) State Board of Education Determination.

(a) through (e) No change.

(f) The Department will provide onsite review of adherence to the curriculum as approved in the provider provider’s improvement plan pursuant to Section 1002.67(3)(c), F.S., implementation of the VPK standards and research based instructional practices, and ensure that ongoing student progress monitoring is administered by all providers granted a good cause exemption.

Rulemaking Authority 1002.73(2), 1002.69(7) FS. Law Implemented 1002.67(3), 1002.69(7) FS. History–New_______.


In addition, Forms VPK-GCE-01 and VPK-GCE-02, have been amended in regards to the Certification Statement and the following has been added:

* Please note that Section 837.06, Florida Statutes, provides that “[w]hoever knowingly makes a false statement in writing with the intent to mislead a public servant in the performance of his or her official duty shall be guilty of a misdemeanor of the second degree, punishable as provided in Section 775.082 or Section 755.083, Florida Statutes.”