Notice of Development of Rulemaking

DEPARTMENT OF MANAGEMENT SERVICES
Agency for Workforce Innovation
RULE NO: RULE TITLE
60BB-8.410: Voluntary Prekindergarten Program Substitute Instructors
PURPOSE AND EFFECT: The purpose of the proposed rule is to establish the required qualifications of substitute instructors for the Voluntary Prekindergarten (VPK) Program and set forth the circumstances and time limits for which a private prekindergarten provider may assign a substitute instructor in accordance with the new requirements placed upon the Agency through Section 1002.55(3)(e), Florida Statutes, as amended by Chapter 2008-196, Laws of Florida.
SUBJECT AREA TO BE ADDRESSED: The proposed rule will address the required qualifications of substitute instructors in the VPK Program in addition to addressing the circumstances and time limits under which substitute instructors may be appointed.
SPECIFIC AUTHORITY: 1002.55(3)(e), 1002.61(6), 1002.63(7), 1002.79(2) FS.
LAW IMPLEMENTED: 1002.55(3)(e), 1002.61(6), 1002.63(7) FS.
IF REQUESTED IN WRITING AND NOT DEEMED UNNECESSARY BY THE AGENCY HEAD, A RULE DEVELOPMENT WORKSHOP WILL BE NOTICED IN THE NEXT AVAILABLE FLORIDA ADMINISTRATIVE WEEKLY.
THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE DEVELOPMENT AND A COPY OF THE PRELIMINARY DRAFT, IF AVAILABLE, IS: Kristin 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-8.410 Voluntary Prekindergarten Program Substitute Instructors.

(1) As used in this rule, the term “credentialed instructor” means a prekindergarten instructor who has the credentials required under Section 1002.55(3)(c), 1002.55(4), or 1002.61(4), F.S.

(2) Qualifications. Voluntary Prekindergarten (VPK) substitute instructors must be of good moral character and be screened using the level 2 screening requirements in Section 435.04, F.S., before employment as a VPK substitute instructor. In addition, a VPK substitute instructor must meet the following requirements:

(a) Has successfully completed one or more of the following before employment as a VPK substitute instructor:

1. In a school year VPK program class:

a. An associate’s or higher degree in any field of study;

b. A 40-clock-hour introductory course in child care for child care personnel of a child care facility which is approved by the Department of Children and Family Services under Section 402.305(2)(d)1., F.S.;

c. A 40-clock-hour introductory course in group child care for an operator of a large family child care home which is approved by the Department of Children and Family Services under Section 402.3131(3), F.S.; or

d. A 30-clock-hour introductory course in child care for an operator of a family day care home which is approved by the Department of Children and Family Services under Section 402.313(4), F.S.

2. In a summer VPK program class:

a. An associate’s or higher degree in any field of study;

b. A child development associate (CDA) credential issued by the National Credentialing Program of the Council for Professional Recognition; or

c. A credential approved by the Department of Children and Family Services as being equivalent to or greater than the national CDA.

(b) Has met the qualifications of a credentialed instructor.

(3) Circumstances. A VPK provider may assign a substitute instructor when a credentialed instructor is absent from the provider’s premises. A substitute instructor may not be assigned when a credentialed instructor remains on the provider’s premises in order to offer instruction in a classroom other than the one to which the credentialed instructor is assigned.

(4) Time limitation. Substitute instructors may not be assigned to substitute for an absent credentialed instructor in excess of 30 percent of the program hours. A new credentialed instructor must be assigned to replace the absent instructor in the event the absence of the credentialed instructor will exceed 30 percent of the program hours.

(5) Before the close of business on the day a substitute instructor is assigned, a VPK provider must provide the following information to its coalition:

(a) The name of the substitute instructor;

(b) The VPK class to which the substitute instructor is assigned;

(c) Documentation demonstrating that the substitute instructor has a current level 2 background screening and applicable credentials; and

(d) The estimated number of days the substitute instructor is expected to offer instruction in the VPK classroom.

If a particular substitute instructor is assigned to the same VPK classroom on consecutive business days, a VPK provider is not required to resubmit the information on each of the consecutive business days.

(6) Nothing in this rule shall be considered to supersede employment requirements for instructional personnel in public schools which are more stringent than the requirements of this rule. This exception shall not be construed to permit employment of substitute instructors for time periods greater than those enumerated in this rule.

Specific Authority 1002.55(3)(e), 1002.61(6), 1002.63(7), 1002.79(2) FS. Law Implemented 1002.55(3)(e), 1002.61(6), 1002.63(7) FS. History–New________.