Fla. Admin. Code Ann. R. 6M-8.700 - Voluntary Prekindergarten Education Program Provider with Incomplete Status, Provider on Probation and Good Cause Exemption
(1)
Definitions. For this rule, the following definitions apply:
(a) "Incomplete provider" means a Voluntary
Prekindergarten (VPK) provider that does not have sufficient data to be
assigned a performance metric designation as described in paragraph
6M-8.622(5)(b), F.A.C.
(b)
"Performance metric designation" means excellent, above expectations, meets
expectations, below expectations, and unsatisfactory as set forth in Rule
6M-8.622, F.A.C.
(c) "Statistically
significant" means a higher percentage than the statewide percentage of
students with an indicator for current English Language Learner (ELL) status
and for disability status made available by the department at
https://edudata.fldoe.org/AdvancedReports_Tableau.html?StudentEnrollments=true.
(d) "VPK staff member" means a
prekindergarten director and prekindergarten instructor as defined in s.
1002.51(5) and (6), F.S.
(2) Probation. Any VPK provider assigned a
performance metric designation of below expectations or unsatisfactory for a
program type (school-year or summer), must be placed on probation by the
applicable early learning coalition (coalition).
(a) Beginning with performance metric
designations assigned in 2024-2025, a provider must remain on probation until
it is assigned a performance metric designation of meets expectations, exceeds
expectations or excellent, transfers ownership to an individual not associated
with the provider as described in Rule 6M-8.301, F.A.C., or completes a period
of removal from VPK program eligibility as described in Rule 6M-8.702,
F.A.C.
(b) The department will
provide notification of a provider's probationary status when performance
metric designations are published in accordance with subsection 6M-8.622(5),
F.A.C.
(3) Improvement
Plan. An improvement plan, consisting of the three forms listed in paragraphs
(3)(a), (b) and (c) must be completed by providers on probation.
(a) Form DEL VPK 31A, Voluntary
Prekindergarten (VPK) Education Program Improvement Plan: Curriculum. This form
requires a provider on probation to select and implement a curriculum from the
list of approved curricula for providers on probation in accordance with s.
1002.68(5)(b)3., F.S., and to provide information about training staff on the
curriculum. The list of approved curricula is available at
https://www.fldoe.org/schools/early-learning/providers/vpk-curriculum.stml.
(b) Form DEL VPK 31B, Voluntary
Prekindergarten (VPK) Education Program Improvement Plan: Staff Development
Plan. This form requires a provider on probation to complete a staff
development plan. The list of staff development activities approved by the
department for use in improvement plans is available at
https://origin.fldoe.org/schools/early-learning/vpk-accountability.stml.
1. Each VPK staff member at a provider on
probation must complete twenty (20) hours of approved staff development to
strengthen instructional practices.
2. Each VPK staff member at a provider on
probation operating under a good cause exemption as described in subsection (7)
of this rule must complete the staff development outlined in subparagraph
(3)(b)1. of this rule and an additional ten (10) hours of approved staff
development to strengthen instructional practices.
(c) Form DEL VPK 31C, Voluntary
Prekindergarten (VPK) Education Program Improvement Plan: Communication Plan.
This form requires a provider on probation to complete a communication plan
that acknowledges that the provider will notify families of its performance
metric designation and the requirement to implement an improvement plan.
Notification must be in writing and provided to families no later than fourteen
(14) calendar days after receipt of coalition approval of the plan or child's
enrollment, whichever occurs later.
(4) Submission and Approval of Improvement
Plan. Each year a provider is on probation, the provider must submit an
improvement plan to its coalition using the forms set forth in subsection (3)
of this rule. The improvement plan must be submitted in the manner prescribed
by the department at
https://origin.fldoe.org/schools/early-learning/vpk-accountability.stml.
(a) A provider's improvement plan must be
received by the provider's coalition no later than thirty (30) calendar days
after the most recent release of the performance metric designation.
(b) A provider's improvement plan must be
reviewed by its coalition no later than thirty (30) calendar days after receipt
of the plan.
1. If the plan meets all
requirements in subsection (3) of this rule, the coalition must approve the
plan.
2. If the plan does not meet
all requirements in subsection (3) of this rule, the coalition must:
a. Update the status of the provider's
improvement plan to pending,
b.
Return the improvement plan to the provider with required revisions,
and
c. Offer to assist the provider
with revising the improvement plan.
(c) A provider's revised improvement plan
must be received by the coalition no later than fourteen (14) calendar days
after the date the coalition returned the improvement plan to the provider for
revision.
(d) Pursuant to s.
1002.68(5)(c), F.S., if the coalition does not receive an improvement plan or
revised improvement plan that meets the requirements for plans described in
subsection (3) and (4) of this rule and within the timeframes of this rule, the
coalition must implement the noncompliance determination and corrective action
notice requirements described in Form DEL-VPK 20, Statewide Voluntary
Prekindergarten Provider Contract, Paragraph XI, incorporated in Rule 6M-8.301,
F.A.C. Failure to implement corrective action is grounds for termination for
cause of the provider's contract.
(e) An approved improvement plan is valid for
one (1) program year.
(5)
Improvement Plan Implementation.
(a)
Following improvement plan approval, a provider must implement its approved
plan and submit evidence of implementation to the coalition using the forms in
subsection (3) and in the manner prescribed by the department at
https://origin.fldoe.org/schools/early-learning/vpk-accountability.stml.
(b) Evidence for implementation of the
improvement plan must be received by the timelines established by the
department and available at
https://origin.fldoe.org/schools/early-learning/vpk-accountability.stml.
(c) Pursuant to s. 1002.68(5)(c), F.S., if a
coalition does not receive evidence of implementation of the improvement plan
by the timelines established by the department, the coalition must implement
the noncompliance determination and corrective action notice requirements
described in Form DEL-VPK 20, Statewide Voluntary Prekindergarten Provider
Contract, Paragraph XI, incorporated in Rule 6M-8.301, F.A.C. Failure to
implement corrective action is grounds for termination for cause of the
provider's contract.
(6)
Incomplete Provider.
(a) An incomplete
provider must complete a technical assistance plan to strengthen administrative
or instructional practices utilizing Form DEL VPK 32, Voluntary Prekindergarten
(VPK) Education Program Technical Assistance Plan for Incomplete Providers.
This form requires an incomplete provider to identify causes of their
incomplete status and strategies to address these causes.
(b) The requirements for submission and
approval of improvement plans found in subsection (4) apply to technical
assistance plans of incomplete providers.
(7) Good Cause Exemption. Pursuant to s.
1002.68(6), F.S., if for three (3) consecutive years a provider receives a
performance metric designation of below expectations, unsatisfactory or a
combination of these performance metric designations, the provider must apply
for and be granted a good cause exemption by the department before it can offer
VPK instruction for the same program type.
(a) Per s. 1002.68(6)(d), F.S., a provider is
not eligible for a good cause exemption if it has been cited for any Class I
violation or two (2) or more Class II violations, as defined by paragraphs
65C-22.010(1)(e) and 65C-20.012(1)(h), F.A.C., or local licensing agency (LLA)
in the two-year period prior to the date the provider's good cause exemption
application is received by the department.
(b) Approval Criteria. To be eligible for a
good cause exemption, a provider must have met all the following criteria:
1. Child demographic data from the most
recent program year that evidences the provider served:
a. A statistically significant population of
children with limited English proficiency as defined in s. 1003.56,
F.S.,
b. A statistically
significant population of children with disabilities as defined in s.
1002.51(2), F.S., who have individual educational plans or disabilities
documented by a licensed health, mental health, education or social service
professional other than the child's parent or person employed by the provider,
or
c. A statistically significant
population of a combination of a.-b. above.
2. Data from the private prekindergarten
provider or public school which documents improvement in at least two of the
three components described in sub-subparagraphs a., b. and c., in the most
recent program year when compared to the previous program year:
a. Achievement of the children served, as
measured by the coordinated screening and progress monitoring program in
accordance with s. 1008.25(9), F.S., and calculated in accordance with
paragraph 6M-8.622(3)(b), F.A.C.;
b. Learning gains of the children served, as
measured by:
(I) The coordinated screening and
progress monitoring program in accordance with s. 1008.25(9), F.S., and
calculated in accordance with paragraph 6M-8.622(3)(c), F.A.C.; or
(II) An alternative measure that has
comparable validity and reliability of the coordinated screening and progress
monitoring program in accordance with s. 1008.25(9), F.S.; or
(III) Documented progress towards meeting the
goals outlined in a child's individual educational plan in accordance with s.
1002.68(6)(c)1., F.S.
c.
Effective teaching practices as measured by improvement in the provider's
composite program assessment score as calculated in accordance with paragraph
6M-8.621(1)(b), F.A.C.;
3. Data from the early learning coalition or
district school board, as applicable, the Department of Children and Families,
the local licensing authority, or an accrediting association, demonstrating the
provider's compliance with state and local health and safety standards in
accordance with s. 1002.68(6)(b)3., F.S., during the most recent program year;
and
4. Coalition certification of
provider compliance with VPK contract deliverables during the most recent
program year.
(c) Good
Cause Exemption Application Process. A VPK provider seeking an exemption must
submit its good cause exemption application to the department on Form DEL-VPK
33, Voluntary Prekindergarten (VPK) Education Program Application for Good
Cause Exemption via email to vpkcompliance@del.fldoe.org.
1. A VPK provider's complete good cause
exemption application, including all data and documentation required by
paragraph (7)(b) of this rule must be received by the department no later than
fourteen (14) calendar days after the most recent release of the performance
metric designation. The department will not accept untimely or incomplete good
cause exemption applications.
2.
The department will notify the provider and coalition of the provider's good
cause exemption approval or denial by no later than thirty (30) calendar days
of receipt of the provider's good cause exemption application.
(d) A good cause exemption is
valid for one (1) program year and the provider must apply annually to request
an exemption. A provider granted a good cause exemption must continue to meet
improvement plan requirements found in subsections (3)-(5) of this
rule.
(e) Pursuant to s.
1002.68(5)(d), F.S., if a provider is not granted a good cause exemption, the
coalition must revoke the provider's eligibility to deliver the VPK
program.
(8) The
following forms and documents are incorporated in this rule by reference and
available on the Division of Early Learning's website at
https:/www.fldoe.org/schools/early-learning/vpk-accountability.stml:
(a) Form DEL VPK 31A, Voluntary
Prekindergarten (VPK) Education Program Improvement Plan: Curriculum (http://flrules.org/Gateway/reference.asp?No=Ref-18000)
(May 2025);
(b) Form DEL VPK 31B,
Voluntary Prekindergarten (VPK) Education Program Improvement Plan: Staff
Development Plan (http://flrules.org/Gateway/reference.asp?No=Ref-18001)
(May 2025);
(c) Form DEL VPK 31C,
Voluntary Prekindergarten (VPK) Education Program Improvement Plan:
Communication Plan (http://flrules.org/Gateway/reference.asp?No=Ref-18002)
(May 2025);
(d) Form DEL VPK 32,
Voluntary Prekindergarten (VPK) Education Program Technical Assistance Plan for
Incomplete Providers (http://flrules.org/Gateway/reference.asp?No=Ref-18003)
(May 2025);
(e) Form DEL VPK 33,
Voluntary Prekindergarten (VPK) Education Program Application for Good Cause
Exemption (http://flrules.org/Gateway/reference.asp?No=Ref-18004)
(May 2025);
(f) Rule 65C-22.010,
F.A.C. (http://flrules.org/Gateway/reference.asp?No=Ref-18005)
(January 2022); and
(g) Rule
65C-20.012(1)(h), F.A.C. (http://flrules.org/Gateway/reference.asp?No=Ref-18006)
(July 2022).
Notes
Rulemaking Authority 1001.213, 1002.79 FS. Law Implemented 1002.67(4)(c), 1002.75(3)(a)-(b) FS.
New 3-26-13, Amended 2-2-15, 6-23-16.
State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. More comparison features will be added as we have more versions to compare.
(1) Probation. A provider remains on probation until it meets the minimum rate adopted by the Office as satisfactory under Section 1002.69(6), F.S. An early learning coalition or school district, as applicable, shall place on first year probation any Voluntary Prekindergarten Education (VPK) provider which fails to meet the minimum kindergarten readiness rate for a program type (school-year or summer) adopted by the Office of Early Learning as satisfactory under Section 1002.69(6), F.S, and require such provider to submit and implement an approved improvement plan designed to improve the provider's kindergarten readiness rate. An improvement plan shall include:
(a) Use of Approved Curriculum or Staff Development Plan. A VPK provider on probation must select either an approved curriculum from the list of approved curricula for providers on probation on the Office's website per Rule 6M-8.604, F.A.C., or a staff development plan available from the Office of Early Learning per Rule 6M-8.605, F.A.C., as a target area in its improvement plan. An early learning coalition or school district, as applicable, shall require a VPK provider on probation to use an approved curriculum or staff development plan in accordance with Section 1002.67(4)(c), F.S. The Office's website is: http://www.floridaearlylearning.com/providers/provider_resources/vpk_curriculum.aspx.
(b) Additional Target Areas. A VPK provider on probation must select a minimum of one of the following additional areas in its improvement plan:
1. Administrative and management practices, including training, educational level, and retention of prekindergarten instructors;
2. Classroom learning environment;
3. Child developmental screenings and assessments;
4. Social-emotional interactions among prekindergarten instructors and students;
5. Students' ability to make age appropriate progress in the development of language and cognitive capabilities and emotional, social, regulatory and moral capacities;
6. Percentage of students attending seventy (70%) percent or more of the instructional hours offered by the VPK provider ; or
7. Family involvement in the early childhood program.
(c) Strategies for Improvement. A description of strategies for improvement of the provider's VPK program which includes the following and, at the discretion of the provider, any other additional areas:
1. A list of target areas for the VPK provider 's improvement identified under paragraphs (1)(a) and (b) and any additional areas a provider deems important to its improvement;
2. A list of specific actions already taken, and proposed to be taken, by the VPK provider for improvement of target areas; and,
3. An implementation schedule or timeline for the VPK provider to implement the proposed actions.
(2) Submission and Approval of Improvement Plan.
(a) A VPK provider on probation must submit its improvement plan electronically through the website https://vpk.fldoe.org/. The provider must have an approved improvement plan in place for at least 30 days prior to receiving an advance payment and for at least 30 days prior to offering VPK instruction for the program type for which the provider must submit an improvement plan, as applicable. A VPK provider on probation may submit an improvement plan any time after the Office posts the final readiness rates.
(b) An early learning coalition or school district, as applicable, shall approve a VPK provider 's improvement plan within 14 days following receipt of the improvement plan if the plan is submitted with a list of target areas and specific actions for improvement as described in this rule.
(c) If the improvement plan does not address the criteria established in paragraphs (1)(a)-(c), the early learning coalition or school district, as applicable, shall disapprove the improvement plan with suggestions for revision. The VPK provider on probation shall submit an amended improvement plan within 14 days following the receipt of notification of disapproval of its improvement plan with suggestions for revision. The early learning coalition or school district, as applicable, shall offer to work with the VPK provider on probation to revise the initial disapproved improvement plan to address the criteria in paragraphs (1)(a)-(c).
(3) Prior to offering the VPK program , a provider on probation must demonstrate that it is implementing its improvement plan by using an approved curriculum or a staff development plan in accordance with Section 1002.67(4)(c), F.S., including all program materials and professional development elements associated with the approved curriculum or staff development plan, and by submitting the following to the early learning coalition or school district, as applicable.
(a) For use of an approved curriculum:
1. A receipt or invoice demonstrating that the VPK provider has purchased an approved curriculum and has scheduled instructor trainings developed by the curriculum publisher on use of the curriculum; or
2. An acknowledgement that the VPK provider has received the complete approved curriculum through a donation and has scheduled instructor trainings developed by the curriculum publisher on use of the curriculum.
(b) For use of a staff development plan:
1. Copy of Department of Children and Families (DCF) transcripts evidencing successful training completion for VPK staff consistent with the staff development plan in accordance with Section 1002.67(4)(c), F.S; and,
2. An acknowledgement that the VPK provider has implemented its staff development plan.
(4) On Form OEL-VPK 05A (January 2016), Provider Acknowledgement, the provider must acknowledge being placed on probation and that if the provider remains on probation for two (2) consecutive years or more and subsequently fails to meet the minimum readiness rate, the provider will be required to apply for a good cause exemption. The provider must complete the acknowledgement within twenty-one (21) days of the posting of the final VPK readiness rates by the Office of Early Learning on the VPK readiness rate website, http://vpk.fldoe.org. Form OEL-VPK 05A (January 2016) is hereby incorporated by reference. A copy of the form may be obtained as provided in Rule 6M-8.900, F.A.C. or at https://www.flrules.org/Gateway/reference.asp?No=Ref-06524.
Notes
Rulemaking Authority 1001.213, 1002.79 FS. Law Implemented 1002.67(4)(c), 1002.75(3)(a)-(b) FS.
New 3-26-13, Amended 2-2-15, 6-23-16.