Current through Reg. 50, No. 187; September 24, 2024
(1) Definitions.
The following definitions are applicable to all rules under Chapter 6M-4,
F.A.C.
(a) "Care Level" means the age of the
majority (51% or more) of enrolled children in a classroom. Three care levels
are used to meet the required observation quota: Infant (ages 0-18 months),
Toddler (ages 19-35 months), and Pre-K (ages 36 months-kindergarten
entry.)
(b) "Classroom" means any
well-defined room in which care is provided or classes are held, or a room
arranged with materials and equipment and set up as a learning space with
intent to implement a plan of activities for the School Readiness program. The
classroom provides a space where learning can take place uninterrupted by
outside distractions. If floor to ceiling walls are not present, the classroom
walls must be defined by stable barriers, and must adhere to the requirements
for such barriers as established in Forms OEL-SR-6202, OEL-SR-6204, and
OEL-SR-6206, incorporated by reference in Rule
6M-4.620, F.A.C. Any classroom
that is eligible to receive a School Readiness child enrollment at any time is
considered a classroom under this definition. Any classroom that serves
children in the School Readiness program for less than two (2) consecutive
hours a day is not considered a classroom under this definition.
(c) "Composite Classroom" means a School
Readiness provider classroom randomly selected through the DEL-defined system
to meet the composite score calculation requirements of 50% of classrooms at
each care level served by the provider. Observations conducted in Voluntary
Prekindergarten (VPK) classrooms within VPK program hours are not subject to
random classroom selection and may be used to calculate the Composite Program
Assessment Score for the School Readiness program in accordance with paragraph
6M-8.621(5)(b),
F.A.C.
(d) "Composite Program
Assessment Score" means an average of all DEL-adopted program assessment
dimension scores, omitting the negative climate score, if included in the
tool.
(e) "Contract Minimum
Threshold" means the minimum score required by Section
1002.82(2)(n),
F.S., and defined in subsection (2) of this rule, that a provider must achieve
on a program assessment to be eligible to contract for the School Readiness
program.
(f) "Early Learning
Coalition" or "coalition" means the entity charged with administering School
Readiness program services pursuant to Sections
1002.83 and
1002.84, F.S. "Early Learning
Coalition" or "coalition" includes applicable DEL contractors.
(g) "Negative Climate Score" means the
measure of the level of expressed negativity shown by teachers and/or children
in a classroom.
(h) "Observer"
means a certified reliable observer for the age group of the classroom being
observed, that meets the requirements of Form DEL-SR 740.
(i) "Personnel" means the director and all
teachers entered into the DEL-defined system on the Class Roster and includes
all instructional staff assigned to classrooms as lead and assistant teachers.
Instructional staff does not include substitutes or others who fill in for an
absent teacher or those who are temporarily in a classroom for a teacher
break.
(j) "Program Assessment"
means the assessment required by Section
1002.82(2)(n),
F.S., that measures of the quality of teacher-child interactions, including
responsive caregiving, emotional and behavioral support, engaged support for
learning, classroom organization, and instructional support for
children.
(k) "Quality Improvement
Plan" means a targeted twelve (12) month plan to improve program quality using
performance goals and strategies.
(l) "School Readiness Child Care Slots" means
the number of birth to kindergarten entry School Readiness child care slots
paid during a month of service.
(2) Program Assessment Requirements. All
School Readiness providers serving children from birth to kindergarten entry
must have a program assessment conducted and meet the Contract Minimum
Threshold to be eligible to participate in the School Readiness program. School
Readiness providers must receive a minimum Composite Program Assessment Score
of 4.00 (rounding two decimals) to participate in the School Readiness program.
(a) A coalition shall waive the Contract
Minimum Threshold if the coalition determines that a provider is essential to
meet local child care capacity needs, as defined in the coalition's School
Readiness Plan required by Section
1002.85, F.S., and Rule
6M-9.115, F.A.C. Providers that
have had the Contract Minimum Threshold waived must be on a Quality Improvement
Plan.
(b) Form DEL-SR 740, Program
Assessment Requirements Handbook, dated (November 2022), is hereby incorporated
by reference and may be obtained at the Division website at
www.floridaearlylearning.com
or by contacting the Division of Early Learning, Department of Education, 325
West Gaines Street, Tallahassee, FL 32399. The incorporated form is also
available at:
https://www.flrules.org/Gateway/reference.asp?No=Ref-14924.
(c) Providers must electronically report in
the DEL-defined system a director, the number of classrooms, and teachers and
care levels assigned to those classrooms, as outlined in Form DEL-SR 740,
Program Assessment Requirements Handbook. Non-exempt providers, or exempt
providers that have opted to participate in program assessment requirements
pursuant to paragraph (3)(d) of this rule, must submit an updated monthly
roster in the DEL-defined system.
(d) Providers must give consent in the
DEL-defined system to coalition staff or a third-party contractor to administer
a program assessment for each selected classroom.
(e) Providers that fail to comply with
paragraphs (2)(c) and (d) of this rule will not have a program assessment
conducted and will not be eligible for a contract to provide School Readiness
services.
(f) Program assessments
will be provided by the coalition annually.
1.
Providers that have been determined ineligible to contract based on program
assessment scores may request a second assessment that follow the guidelines in
Form DEL-SR 740 and subparagraphs (2)(f)3. and 4. of this rule, and is
conducted at the provider's expense by an observer. The new Composite Program
Assessment Score must meet the Contract Minimum Threshold for the provider to
be eligible for a School Readiness Contract.
2. Providers currently on a Quality
Improvement Plan who wish to have a program assessment to conclude their
Quality Improvement Plan early may request a second assessment that follows the
guidelines in Form DEL-SR 740 and subparagraphs (2)(f)3. and 4. of this rule.
The assessment must be conducted at the provider's expense by an observer to
satisfy the requirements of the Quality Improvement Plan prior to the end of
the twelve (12) month Quality Improvement Plan.
3. A single classroom will be reassessed and
its classroom score will replace the previous classroom score to calculate a
new Composite Program Assessment Score, if the teacher previously assessed is
still actively teaching in the classroom being reassessed. If the previously
assessed teacher is not active in the classroom and the newly assigned teacher
is hired after the previous assessment was completed, the single classroom will
be reassessed and its classroom score will replace the previous classroom score
to calculate a new Composite Program Assessment Score. If the previously
assessed teacher is not active in the classroom and the newly assigned teacher
was moved from a different classroom, every classroom will be reassessed for
the new classroom scores to replace the previous classroom scores.
4. If at the time of the provider's request
for a second program assessment there are less than 50% of the original
classrooms in the program assessment baseline or teachers remaining active, new
observations shall be made on the randomly selected rooms identified by the
DEL-defined system. If the provider adds any new classrooms when its
registration is reset, all classrooms selected by the DEL-defined system (50%
by care level) must be observed for the second assessment.
(g) Coalitions shall notify providers of
their Composite Program Assessment Score within fourteen (14) calendar days
after the score is generated. Individual classroom scores and notes shall be
provided to providers within fourteen (14) calendar days upon written request
by the provider.
(h) Providers
currently on a Quality Improvement Plan will have a program assessment
completed within sixty (60) calendar days prior to the end of the twelve (12)
month Quality Improvement Plan.
(i)
For contracted School Readiness providers that score below the Contract Minimum
Threshold, the coalition shall terminate the current contract and may revoke
the provider's eligibility for up to five (5) years pursuant to Section
1002.88(2)(a),
F.S. The coalition will send written notice of termination to the provider at
least thirty (30) calendar days before the termination date. If a current
contract is set to expire less than thirty (30) calendar days from the
termination date, the coalition shall provide immediate written notification to
the provider. Written notification must include a reason and identify the
contract revocation period.
(j) At
the time of contracting, the coalition shall use a provider's most recent
Composite Program Assessment Score.
(3) Exemptions.
(a) Providers meeting one of the following
shall be exempt from the annual program assessment requirement:
1. A provider has not been cited for one (1)
Class I or more than three (3) of the same Class II School Readiness health and
safety violations, as defined by rule of the Department of Children and
Families or local licensing agency, as applicable, in the two-year period prior
to contract execution and is a:
a. Child care
center with 20 percent or less of all paid School Readiness child care slots
out of the maximum capacity as defined in Forms OEL-SR-6202, OEL-SR-6204, and
OEL-SR-6206, incorporated by reference in Rule
6M-4.620, F.A.C., or
b. Family child care homes with two or fewer
of paid School Readiness child care slots out of the maximum capacity, as
defined in Forms OEL-SR-6202, OEL-SR-6204, and OEL-SR-6206, incorporated by
reference in Rule 6M-4.620,
F.A.C.
2. Providers that
offer only overnight School Readiness services.
(b) Providers will no longer be exempt under
this paragraph if the provider is cited for disqualifying health and safety
violations or if the provider's paid School Readiness child care slots meet or
exceed the enrollment threshold in paragraph (3)(a) of this rule, during the
operating hours of 7:00 a.m. to 6:00 p.m., per its provider type. The coalition
shall monitor a provider's health and safety violations and paid School
Readiness child care slots monthly, and, if the provider fails to meet the
exemption requirements in paragraph (3)(a) of this rule, the coalition shall
notify the provider of the loss of its exempt status within thirty (30)
calendar days. To continue contracting for School Readiness services, the
provider must receive a program assessment pursuant to subsection (2) of this
rule within thirty (30) calendar days of notification.
(c) Providers that are determined to be no
longer exempt under subsection (3) of this rule will permanently remain
non-exempt and shall have a program assessment conducted annually.
(d) Exempt providers may opt to participate
in program assessment requirements by submitting a request in writing to the
coalition prior to contracting for the School Readiness program and after
registering within the DEL-defined system, as outlined in Form DEL-SR 740. The
coalition shall coordinate and complete a program assessment within sixty (60)
calendar days of receipt of the request and provider registration within the
DEL-defined system. A provider's request to participate in a program assessment
shall constitute a waiver of the exemption and subject the provider to all the
requirements of this rule.
(e) If a
school-age-only provider changes the current care levels served to include any
children ages birth-kindergarten entry and does not require a new contract to
be executed, that provider is exempt from program assessment requirements until
the provider meets or exceeds the enrollment threshold in paragraph (3)(a) of
this rule. Once this threshold is met or exceeded, the program assessment must
be conducted in accordance with subsection (2) of this
rule.
(4) Frequency.
(a) All School Readiness program providers
shall receive an annual program assessment prior to executing a School
Readiness Contract, unless the provider is determined exempt in accordance with
this rule.
(b) In the event of a
change where the provider is considered a new provider and must execute a new
School Readiness Contract per subsection
6M-4.610(4),
F.A.C., the provider may, within thirty (30) calendar days of contract
execution, request to retain the most recent Composite Program Assessment Score
without having to conduct a new assessment, if the provider can provide
documentation to the coalition showing it has retained 80% of personnel listed
in the DEL-defined system and there is no change in capacity or classrooms from
when the previous assessment was conducted for the remainder of the contract
term. Examples of acceptable documentation include current payroll time sheets
and evidence in CARES of monitored personnel during the pre-contractual health
and safety inspection, classroom rosters, or attendance documentation. The
coalition shall determine if the provider meets the requirements of this
paragraph.
(c) Providers that
achieve a Composite Program Assessment Score of 5.00 or higher (rounded by two
decimals) shall have the option for a program assessment to be conducted
biennially. To continue to have assessments conducted biennially, providers
shall not be cited for one (1) Class I or more than three (3) of the same Class
II School Readiness health and safety violations, as defined by rule of the
Department of Children and Families or local licensing agency, as applicable,
during the biennial period and must retain 80% of personnel listed in the
DEL-defined system for the remainder of the contract term.
(d) Beginning with the 2023-24 School
Readiness Contract year, the biennial program assessment designation shall be
discontinued. All eligible School Readiness providers that held a biennial
program assessment designation prior to the 2023-24 School Readiness Contract
year will be subject to annual program assessment requirements in accordance
with this rule and must have an annual program assessment conducted prior to
executing a 2024-25 School Readiness Contract.
(e) Program assessments conducted during
participation in other quality initiatives that meet requirements defined in
Form DEL-SR 740, Program Assessment Requirements Handbook, may be used for
meeting Contract Minimum Threshold requirements, provided the assessment was
conducted for the purpose of overall teacher/child interaction, the most recent
Composite Program Assessment Score is used, and the assessment was conducted
within the fiscal year applicable for contracting.
(5) Composite Program Assessment Score
Calculation.
(a) 50% of the classrooms in
every care level (ages infant-Pre-K) served by a provider must be assessed to
determine the Composite Program Assessment Score.
1. If there is an odd number of classrooms in
a care level, the required number of classrooms shall be rounded
up.
(b) Composite Program
Assessment Scores shall be calculated using the combined average of the
dimension scores, excluding negative climate scores, from each selected
composite classroom's assessment.
1. All
composite classrooms must be assessed before a calculation can be made to
determine the final Composite Program Assessment Score.
2. After the dimension scores have been
averaged, final Composite Program Assessment Scores will be rounded to two
decimal places.
(6) Quality Improvement Plans. The Quality
Improvement Plan will include performance goals and quality improvement
strategies as provided for in Form DEL-SR 20, incorporated by reference in Rule
6M-4.610, F.A.C. Coalitions may
choose quality improvement strategies as indicated in the coalition's approved
School Readiness Plan required by Section
1002.85, F.S., and Rule
6M-9.115, F.A.C., to develop
Quality Improvement Plans for providers that need to increase program
assessment scores.
(a) Providers that have
not been determined essential to meeting child care capacity needs per
subsection (2) of this rule and that have been on a Quality Improvement Plan
for twelve (12) months and do not meet the Contract Minimum. Threshold at the
next annual program assessment will have their School Readiness Contract
terminated and may have their eligibility revoked for up to five (5) years by
the coalition.
(b) The twelve (12)
month Quality Improvement Plan period may extend beyond the contract year
depending on its start date and is applied for purposes of executing a new
contract.
(c) Providers that have
been determined to be essential to meeting child care capacity needs per
subsection (2) of this rule and have an active Quality Improvement Plan shall
not have a Quality Improvement Plan for more than three (3) consecutive years.
Providers that surpass this number will not be eligible to contract for the
School Readiness program for a period of up to five (5) years as determined by
the coalition.
Rulemaking Authority
1001.02(2)(n),
1002.82(2)(n)
FS. Law Implemented 1002.82(2)(n)
FS.
New 11-29-18, Amended 5-5-20, 4-15-21,
11-22-22.