Notice of Variances and Waivers

DEPARTMENT OF EDUCATION
State Board of Education
Rule No.: RULE TITLE
6A-1.099821: Voluntary Prekindergarten (VPK) Provider Kindergarten Readiness Rate
NOTICE IS HEREBY GIVEN that on July 07, 2010, the Department of Education has issued an order.
The Redlands Christian Migrant Association filed on April 12, 2010, an Emergency Petition for Waiver from Rule 6A-1.099821, F.A.C., Voluntary Prekindergarten (VPK) Provider Kindergarten Readiness Rate, DOE Agency Case No.: DOE-2010-2050. Receipt of the waiver was published in the April 23, 2010, Florida Administrative Weekly. The Department issued an order denying the emergency review of the petition on May 11, 2010, which was noticed in the May 28, 2010, Florida Administrative Weekly. On July 7, 2010, the Department issued an Order Denying Petition for Waiver from Rule 6A-1.099821, F.A.C., With Leave to File for Good Cause Exemption. The order states that prior to May 31, 2010, the Department did not have the authority to deviate from the established formula for calculation of readiness rates and that no agency has the authority to grant a variance from statutory requirements. However, effective May 31, 2010, the State Board of Education is authorized to grant requests for good cause exemptions to VPK providers who serve at least twice the statewide average of ELLs (English Language Learners), according to the standards and process described in statute. (Chapter 2010-210, Laws of Florida.) As the petition for rule variance is not the correct vehicle to request a good cause exemption under the revised statute, the Petitioners are authorized to request a good cause exemption according to the new statutory standards and procedure.
A copy of the Order may be obtained by contacting: Lynn Abbott, Agency Clerk at (850)245-9661 or lynn.abbott@fldoe.org A copy may also be obtained from the Department’s website at https://app1.fldoe.org/DOE_Calendar/default.aspx?WhichCalendar=4.