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 the amendment is to adopt procedures for the Department to calculate each Voluntary Prekindergarten Provider’s 2009-2010 Kindergarten Readiness Rate. These readiness rates must be based exclusively upon the results of the statewide kindergarten screening for students completing the VPK education program during the 2009-10 school year and who are administered the statewide kindergarten screening during the 2010-11 school year. The effect is to implement the requirements of Section 1002.69, F.S., and continued implementation of the calculation of kindergarten provider readiness rates.
SUMMARY: This rule prescribes the procedures for the Department of Education to use to calculate each Voluntary Prekindergarten Provider’s 2009-10 Kindergarten Readiness Rate.
SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS: The costs to the Department are estimated to be $80,000. There are no estimated costs to other states or local governmental entities. Although small businesses will be subject to the rule, the Department estimates no regulatory cost increase as a result of the proposed revisions.
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: 1002.69(5), (6), 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: September 21, 2010, 9:00 a.m.
PLACE: The Capitol, Room LL03, 400 South Monroe Street, Tallahassee, Florida
Pursuant to the provisions of the Americans with Disabilities Act, any person requiring special accommodations to participate in this workshop/meeting is asked to advise the agency at least 7 days before the workshop/meeting by contacting: Lynn Abbott at (850)245-9661 or email: lynn.abbott@fldoe.org. If you are hearing or speech impaired, please contact the agency using the Florida Relay Service, 1(800)955-8771 (TDD) or 1(800)955-8770 (Voice).
THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Stuart Greenberg, Executive Director, Office of Early Learning, Department of Education, 325 West Gaines Street, Tallahassee, Florida, (850)245-0445

THE FULL TEXT OF THE PROPOSED RULE IS:

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

(1) Purpose. The purpose of this rule is to implement the requirements of Section 1002.69, F.S.

(2) Accuracy of Data.

(a) Prior to the calculation of the VPK Provider Kindergarten Readiness Rate, as described in subsection (4) 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.

(b) If a private or public provider disputes the accuracy of 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 (3)(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 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 (4) 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 2009-10 2008-09 VPK program, the provider may file a dispute on the Department’s website and submit documentation to the Department for its review and consideration within 21 days after publication of the preliminary rate. The Department shall review and accept or reject any changes to the data within 14 days after publication. The VPK Provider Kindergarten Readiness Rate will be recalculated in accordance with the method described in subsection (4) 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.

(3) Criteria for Inclusion in the VPK Provider Kindergarten Readiness Rate for 2009-10 2008-09.

(a) through (b) No change.

(4) Procedures for Calculating the VPK Provider Kindergarten Readiness Rate for 2009-10 2008-09.

(4)(a) through (6) No change.

Rulemaking Authority 1002.69(5), (6), 1002.73(2)(d) FS. Law Implemented 1002.69(5), (6) FS. History–New 6-3-07, Amended 1-16-08, 1-5-09, 12-15-09,________.


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: August 10, 2010
DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAW: July 23, 2010