The purpose of the proposed rule is to implement the authority of Florida’s Office of Early Learning (OEL) to adopt procedures for implementation of the VPK Specialized Instructional Services Program.

 

DEPARTMENT OF EDUCATION
Florida's Office of Early Learning

RULE NO.: RULE TITLE:
6M-8.500: VPK Specialized Instructional Services
PURPOSE AND EFFECT: The purpose of the proposed rule is to implement the authority of Florida’s Office of Early Learning (OEL) to adopt procedures for implementation of the VPK Specialized Instructional Services Program.
SUMMARY: The proposed rule will establish requirements related to the process of determining child eligibility, registering, and enrolling students in the VPK Specialized Instructional Services Program, and making payments to Specialized Instructional Services (SIS) Providers for services.
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 been prepared by the agency.
It is estimated that approximately 1,458 students will participate in the SIS program type addressed under this rule. It is also estimated that providers participating in this program will expend approximately 45 minutes per student in complying with this rule. At an average of $9.00 per hour for employee time, the total financial impact is estimated to be $9,841 statewide, per year.
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:
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: 1002.75(3)(d), 1002.75(3)(e) FS.
LAW IMPLEMENTED: 1002.66 FS.
A HEARING WILL BE HELD AT THE DATE, TIME AND PLACE SHOWN BELOW:
DATE AND TIME: October 23, 2012, 1:00 p.m. -.3:00 p.m.
PLACE: Florida’s Office of Early Learning, 250 Marriott Drive, Tallahassee, FL 32301, or via WebEx which may be accessed at the website: http://www.floridaearlylearning.com/EarlyLearning/OEL_Program_ProposedRulesNotices.html
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 48 hours before the workshop/meeting by contacting: Ed Hoover at [phone]. 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: Stephanie Savestanan, Policy Director, Florida’s Office of Early Learning, 250 Marriott Dr. Tallahassee, Florida 32399, [phone]

THE FULL TEXT OF THE PROPOSED RULE IS:

6M-8.500 VPK Specialized Instructional Services: Child Eligibility and Provider Reimbursement.

(1) General Eligibility. A parent with a four-year-old child who meets the Voluntary Prekindergarten Program eligibility requirements described in Rule 6M-8.200, F.A.C., and has a disability and a current individual educational plan (IEP) developed by the local school board may enroll the child in either a standard (school-year or summer) Voluntary Prekindergarten Education (VPK) Program or in a VPK specialized instructional services program type. Parents may enroll a child in only one program type; a child may not be enrolled in a standard (school-year or summer) program type and the VPK specialized instructional services program type at the same time.

(2) Child Eligibility.

(a) In order to register a child for the VPK specialized instructional services (SIS) program type, a parent must do all of the following:

i. Register the child in accordance with the requirements of Rule 6M-8.201, F.A.C.;

ii. Submit to the early learning coalition a completed and signed Specialized Instructional Services Supplemental Student Application, Form OEL-VPK 01S, dated August 2012, which is hereby incorporated by reference and may be obtained as described in Rule 6M-8.900, F.A.C.; and

iii. Submit to the early learning coalition a copy of the child’s current IEP developed by the local school board.

(b) Upon receipt of the required registration documentation from a parent registering his or her child for the VPK SIS program type, a coalition shall first determine the child’s eligibility for the VPK program under rule 6M-8.201, F.A.C. A coalition shall then determine the child’s eligibility for the SIS program by reviewing the completed and signed Form OEL-VPK 01S, dated August 2012, and attached copy of the child’s current IEP. A child shall be determined eligible for the VPK SIS program type by an early learning coalition if:

i. The Form OEL-VPK 01S is completed with accurate information as certified by the parent;

ii. The parent has selected a type or types of SIS in item 6. of Form OEL-VPK 01S which are consistent with the child’s IEP; and

iii. The IEP submitted by the parent is dated within the last year.

(c) Upon determining that a child is eligible to participate in a VPK SIS program type, the appropriate coalition staff shall complete the “Early Learning Coalition Use Only” section of Form OEL-VPK 01S, as indicated in grey to document the child’s eligibility. Additionally, the coalition shall complete sections I. and II. in Part A and items 1. through 8. in Part B of Form OEL-VPK 02S, dated August 2012, which is hereby incorporated by reference with instructions and may be obtained as described in Rule 6M-8.900, F.A.C. The coalition shall provide a copy of the form, with the appropriate sections completed, to the child’s parent.

(3) Provider Selection.

(a) The parent shall select a SIS provider or providers which offer services consistent with the student’s current IEP from providers approved by the DOE under Rule 6A-6.03033, F.A.C., to offer SIS in the coalition service area.

(b) If the parent selects multiple providers from more than one coalition service area, the coalitions shall make reasonable efforts to accommodate the parent’s selection or to facilitate selection of comparable providers within a single service area.

(4) Student Enrollment.

(a) After a parent has chosen a SIS provider, the parent shall work with the selected SIS provider to complete section III. of Form OEL-VPK 02S, Part A. If a parent selects multiple SIS providers, the coalition shall provide the parent an OEL-VPK 02S, Part A form to complete with each selected SIS provider.

(b) Each SIS provider shall have an authorized representative complete, sign and date the Form OEL-VPK 20S where indicated and submit the completed form, along with the completed Form OEL-VPK 02S, Part A, to the early learning coalition. Form OEL-VPK 20S, dated August 2012, is hereby incorporated by reference and may be obtained as described in Rule 6M-8.900, F.A.C. A SIS provider must receive a fully executed copy of Form OEL-VPK 20S from the coalition prior to rendering VPK SIS to any student.

(c) SIS providers which do not submit a completed Form OEL-VPK 02S, Part A, for a student and a completed Form OEL-VPK 20S shall not be eligible to receive reimbursement.  

(5) Scheduling Services.

(a) The parent of a student shall schedule all SIS using Form OEL-VPK 02S, Part B, dated August 2012. The parent shall work with each selected SIS provider to complete the form, which must include all scheduled services from all selected SIS providers are included on the form. If additional space is required to list all scheduled services, the parent may attach additional copies of Form OEL-VPK 02S, Part B.

(b) After scheduling all SIS on Form OEL-VPK 02S, Part B, the parent shall submit the completed form to the early learning coalition for review.

(c) The early learning coalition shall review the Form OEL-VPK 02S, Part B, to determine the student’s available funding amount.

1.New enrollment. VPK School-Year full time equivalent funding amount (FTE) shall be made available to a student enrolling under this rule.

2.   Reenrollment for good cause. Notwithstanding the funding described in 1. above, if a student is reenrolled for good cause under Rule 6M-8.210, F.A.C., into the SIS program type from a School-Year or Summer program type, the funding available to the student shall be equal to the student’s FTE for the program type in which the student was previously enrolled, minus any amount previously paid for such services rendered to the student. 

(d) The early learning coalition shall also review the Form OEL-VPK 02S, Part B, to determine that projected reimbursement for the scheduled services does not exceed the student’s available VPK funding.

1.If the scheduled services would exceed the student’s available VPK funding, the coalition shall notify the parent, in writing, of the service that is projected to exceed the student’s available VPK funding. The coalition shall not authorize payment for that service, shall strike through that service on the Form OEL-VPK 02S, Part B, and include a comment on the form that full payment for the service is not authorized and that if the service is provided, the student’s parent agrees to be responsible for the remainder of the unreimbursed cost for that service. 

2.   A student in the SIS program type shall receive all services prior to the beginning of a new VPK program year.

3.A provider shall only receive payment for approved services identified on the Form OEL-VPK 02S, Part B.

(e)The coalition shall complete its review of the Form OEL-VPK 02S, Part B, and shall return a copy of the form to the parent and each selected SIS provider within 14 business days of receipt. 

(f) If the parent wishes to add appointments to an existing Form OEL-VPK 02S, Part B, which has already been reviewed by the early learning coalition, the parent shall coordinate with the applicable SIS provider to schedule additional services, which shall be added to the existing form. The parent shall resubmit the revised Form OEL-VPK 02S, Part B, to the coalition for review. The coalition shall complete its review of the revised Form OEL-VPK 02S, Part B, and shall return a copy of the revised form within 14 business days of receipt to the parent and each selected SIS provider following its review.

(g) Services not included on Form OEL-VPK 02S, Part B, as reviewed and authorized by the early learning coalition shall not be reimbursed.

(6) Provider Payment.

(a) To receive reimbursement for services rendered, a SIS provider shall obtain the parent’s initials and date on Form OEL-VPK 02S, Part B, certifying that services were rendered. Within 30 days of providing services, the SIS provider shall submit the Form OEL-VPK 02S, Part B, with the parent’s certification to the coalition as an invoice or as an attachment to an invoice for reimbursement. 

(b) A coalition shall reimburse SIS providers for SIS rendered to an eligible student as certified by the parent on the Form OEL-VPK 02S, Part B.  The coalition shall not reimburse a SIS provider for costs other than specialized instruction, for example missed appointments, late fees, or interest. However, a SIS provider must provide the parent with its policy for missed appointments, including late arrivals, in writing and may then follow its normal business practices regarding charges for missed appointments or late arrivals. A coalition shall reimburse the SIS provider in the calendar month following the month in which an invoice for reimbursement is received by the coalition.

(c) SIS providers shall not invoice coalitions for services which have been paid for by other sources. If the coalition is made aware that payment from other sources has been rendered for services included on the Form OEL-VPK 02S, Part B, the coalition shall make reasonable efforts to recover any duplicate payment from the SIS provider. 

(d) An early learning coalition’s total payment on behalf of a student enrolled under this rule shall not exceed the student’s full-time equivalent funding amount established annually through the General Appropriations Act. If the student receives services through multiple SIS providers, the funding shall be distributed to the SIS providers in accordance with the schedule of services established on the Form OEL-VPK 02S, Part B. In accordance with paragraph (5)(d)1. above, if the cost of services rendered to a student exceeds the amount of funding available through the VPK program, those services shall be considered a private arrangement between the SIS provider and the parent and not part of the VPK program, and the parent shall bear responsibility for all costs in excess of the amount available through the VPK Program.  

(7) Reenrollment. Being enrolled under this rule constitutes an enrollment for the purposes of rule 6M-8.201, F.A.C. Changing a student’s enrollment between a standard VPK-program type (school-year or summer) and the VPK specialized instructional services program type constitutes a reenrollment for the purposes of rule 6M-8.210, F.A.C. However, changing SIS providers while enrolled in the specialized instructional services program type does not constitute a reenrollment under rule 6M-8.210, F.A.C. To re-enroll a student, the parent must comply with the terms of rule 6M-8.210, F.A.C. 

 

Rulemaking Authority 1002.75(3)(d), 1002.75(3)(e) FS. Law Implemented 1002.66 FS. History–New____________.              

NAME OF PERSON ORIGINATING PROPOSED RULE: Stephanie Savestanan
NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Dr. Mel Jurado, Director, Florida’s Office of Early Learning
DATE PROPOSED RULE APPROVED BY AGENCY HEAD: September 19, 2012
DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAW: February 3, 2012 Vol. 38/No. 05