To update the rule, contract and incorporated forms.

 

DEPARTMENT OF EDUCATION

Division of Early Learning

RULE NO.:RULE TITLE:

6M-4.610Statewide Provider Contract for the School Readiness Program

PURPOSE AND EFFECT: To update the rule, contract and incorporated forms.

SUMMARY: The rule and incorporated forms outline school readiness provider eligibility requirements to deliver the school readiness program.

SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS AND LEGISLATIVE RATIFICATION:

The Agency has determined that this will not have an adverse impact on small business or likely increase directly or indirectly regulatory costs in excess of $200,000 in the aggregate within one year after the implementation of the rule. A SERC has not been prepared by the Agency.

The Agency has determined that the proposed rule is not expected to require legislative ratification based on the statement of estimated regulatory costs or if no SERC is required, the information expressly relied upon and described herein: The office's economic analysis of the adverse impact or potential regulatory costs of the proposed rule does not exceed any of the criteria established in s. 120.541(2)(a), F.S. and will not require legislative ratification.

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.

RULEMAKING AUTHORITY: 1002.82(2)(m), F.S.

LAW IMPLEMENTED: 1002.82(2)(m), (8), 1002.84(9), (11), (16), 1002.85(2)(h), 1002.87(2), 1002.88, 1002.91, 1002.97(3), F.S.

A HEARING WILL BE HELD AT THE DATE, TIME AND PLACE SHOWN BELOW:

DATE AND TIME: February 9, 2022, 9:00 a.m.

PLACE: Tallahassee Community College, Student Union Ballroom, 444 Appleyard Dr., Tallahassee, FL 32304.

THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Katerina Maroney, Deputy Director, Programs and Policy, [e-mail].

 

THE FULL TEXT OF THE PROPOSED RULE IS:

6M-4.610 Statewide Provider Contract for the School Readiness Program.

(1) General Provisions.

(a) Forms.

1. The State of Florida Statewide School Readiness Provider Contract, Form DELOEL-SR 20 with exhibits 1 through 7 (July 20222020), is hereby adopted and incorporated by reference. Form DELOEL-SR 20L entitled “State of Florida Statewide School Readiness Provider Contract Licensed Provider Responsibilities” (July 20222020), Form DELOEL-SR 20LE entitled “State of Florida Statewide School Readiness Provider Contract License Exempt Provider Responsibilities” (July 20222020), Form DELOEL-SR 20FFN entitled “State of Florida Statewide School Readiness Provider Contract Informal Provider Responsibilities” (July 20222020), and Form DELOEL-SR 20A entitled “State of Florida Amendment to the Statewide School Readiness Provider Contract” (July 20222020) are hereby adopted and incorporated by reference. A copy of Forms DELOEL-SR 20 including exhibits 1 through 7, DELOEL-SR 20A, DELOEL-SR 20FFN, DELOEL-SR 20LE and DELOEL-SR 20L may be obtained at http://www.floridaearlylearning.com/oel_resources/rules_guidance_technical_assistance.aspx or from the DivisionOffice of Early Learning, 250 Marriott Drive, Tallahassee, FL 32399. The incorporated forms are also available at: http://www.flrules.org/Gateway/reference.asp?No=Ref-11273.

2. The State of Florida Statewide School Readiness Provider Contract, Form DELOEL-SR 20 with exhibits 1 through 7 (July 20222021), is hereby adopted and incorporated by reference. Form DELOEL-SR 20L entitled “State of Florida Statewide School Readiness Provider Contract Licensed Provider Responsibilities” (July 20222021), Form DELOEL-SR 20LE entitled “State of Florida Statewide School Readiness Provider Contract License Exempt Provider Responsibilities” (July 20222021), Form DELOEL-SR 20FFN entitled “State of Florida Statewide School Readiness Provider Contract Informal Provider Responsibilities” (July 20222021), and Form DELOEL-SR 20A entitled “State of Florida Amendment to the Statewide School Readiness Provider Contract” (July 20222021) are hereby adopted and incorporated by reference. A copy of Forms DELOEL-SR 20 including exhibits 1 through 7, DELOEL-SR 20A, DELOEL-SR 20FFN, DELOEL-SR 20LE and DELOEL-SR 20L may be obtained at http://www.floridaearlylearning.com/oel_resources/rules_guidance_technical_assistance.aspx or from the DivisionOffice of Early Learning, 250 Marriott Drive, Tallahassee, FL 32399. The incorporated forms are also available at: (placeholder for new reference link) https://www.flrules.org/Gateway/reference.asp?No=Ref-12829.

(b) No change.

(c) All forms referenced in subparagraph (1)(a)1. above, shall be used by the early learning coalitions to enter into provider contracts with an end effective date of June 30, 20222021. All forms reference in subparagraph (1)(a)2. above, shall be used by the early learning coalitions to enter into provider contracts with a beginning effective date of July 1, 20222021 and all dates thereafter until a new contract form is subsequently adopted. All SR providers that register to offer the SR Program must execute Form DELOEL-SR-20 including exhibits, and Form DELOEL-SR 20FFN, DELOEL-SR 20LE or DELOEL-SR 20L for the appropriate contract year.

(d) No change.

(e) No change.

(f) Neither a coalition nor an SR provider may omit, supplement or amend the terms and conditions of the Statewide School Readiness Provider Contract, except for those amendments made with the execution of Form DELOEL-SR 20A as appropriate for the contract year. Neither a coalition nor an SR provider may include any attachments, addenda or exhibits to the Statewide School Readiness Provider Contract except the exhibits set forth in the Form DELOEL-SR 20, Form DELOEL-SR 20L, Form DELOEL-SR 20LE, Form DELOEL-SR 20FFN and Form DELOEL-SR 20A as appropriate for the contract year.

(2) No change.

(3) School Readiness Program Ineligibility. For the purpose of this subsection “individual associated with a provider” means an individual or family member of an individual who, regardless of compensation, holds a management position, oversees the operations of a provider, or is an officer, shareholder, beneficial owner or member of the board of directors of a provider. A provider shall not be eligible to contract to offer the SR program if any of the following circumstances apply:

(a) The early learning coalition may refuse to contract with a SR provider or revoke a SR provider’s eligibility to deliver the School Readiness Program if the provider has been cited for a Class 1 violation by the department or local licensing agency, as applicable, in accordance with Rules 6M-4.620 and 65C-22.010 or 65C-20.012, F.A.C. (as applicable to the provider type). Action taken by a coalition to revoke a provider’s eligibility must be consistent with Section 1002.88(2)(a) and (b), F.S., in that the revocation is for a period of five (5) years. If the coalition chooses to implement this provision the coalition must develop policies and procedures, in accordance with Element V. Monitoring in Form OEL-SR 115, as incorporated by reference in Rule 6M-9.115, F.A.C., to ensure the standard is applied consistently to all potential and current SR program providers. Each coalition shall;

1. No change.

2. No change.

3. Ensure providers are offered due process as described in Form DELOEL-SR 20.

(b) through (h) No change.

(4) No change.

Rulemaking Authority 1002.79 1001.213(2), 1002.82(2)(m) FS. Law Implemented 1002.82(2)(m), (8)(6), 1002.82, 1002.84(9)(8), (11)(10), (16)(15), (18)(17), 1002.85(2)(h), 1002.87(2), 1002.88, 1002.91, 1002.97(3) FS. History–New 2-18-15, Amended 12-18-16, 11-29-18, 12-17-19, 4-15-21,

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Katerina Maroney, Deputy Director of Programs and Policy.

NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Richard Corcoran, Commissioner, Department of Education.

DATE PROPOSED RULE APPROVED BY AGENCY HEAD:

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: October 21, 2021.