Statewide Provider Contract for the School Readiness Program

 

DEPARTMENT OF EDUCATION

Florida’s Office of Early Learning

RULE NO.:RULE TITLE:

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

NOTICE OF CHANGE

Notice is hereby given that the following changes have been made to the proposed rule in accordance with subparagraph 120.54(3)(d)1., F.S., published in Vol. 42 No. 172, September 2, 2016 issue of the Florida Administrative Register.

The changes are as follows:

 

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

(1) General Provisions.

(a) through (g) No change.

(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) through (d) No change.

(e) The provider is currently eligible to participate in the program pursuant to Section 1002.88 (2), F.S.

(f) An individual associated with the provider was or is associated with another provider that is currently eligible to participate in the program pursuant to Section 1002.88 (2), F.S.

(g) For multi-site providers, such as corporate chains or school districts, School Readiness program ineligibility in paragraphs (e) and (f) above, is per site and may not apply to all locations unless specifically determined otherwise by the coalition. In determining ineligibility of multi-site providers, the coalition shall consider the following factors: the severity of the provider’s actions leading to the ineligibility, the health, safety and welfare of children enrolled at the provider sites, the financial impact of the provider’s actions, the impact that ineligibility would have upon the local community, consistency with coalition’s actions against other providers for similar violations of the Contract or program requirements, the length of time that provider provided services under the Contract with the coalition, and whether the provider had previously violated the terms of the Contract and prior contracts with the coalition.

(4) Transfer of ownership. In the event of a change of ownership, sale, sale of assets, conveyance of ownership or other transfer of ownership interest, the provider shall notify the coalition no later than 30 calendar days prior to the transfer of ownership. The coalition and the new owner shall execute a new contract for SR services, provided the new owner meets the eligibility requirements pursuant to subsection (2) of this rule and Section 1002.88, F.S., and is not disqualified from contracting pursuant to subsection (3) of this rule. Upon a request to contract due to a transfer of ownership, the coalition shall have up to 30 calendar days to execute or decline the contract. This timeline may be extended if all prerequisite requirements have not been met.

Rulemaking Authority: 1001.213(2), 1002.82(2)(m) FS. Law Implemented: 1002.82(2)(m), (6), 1002.82, 1002.83(7), 1002.84(8), (10), (15), (17), 1002.85(2)(h), 1002.87(2), 1002.88, 1002.91, 1002.97(3) F.S. History–New 2-18-15, Amended___________.

 

On Form OEL-SR20:

 

Section I. No change.

Section II. 7. (a) through (c) No change.

Section II 7. (d) Eligibility pursuant to the successful completion of terms of existing corrective action plans or probations. PROVIDER represents that PROVIDER agrees to successfully complete previous corrective action or terms of probation due to noncompliance determinations from a prior Contract, as applicable, for the duration of this Contract. PROVIDER also represents that currently PROVIDER, or an owner, officer, or board director thereof, has not had their eligibility to provide School Readiness services revoked. For multi-site PROVIDERS, such as corporate chains or school districts, eligibility revocation is per site and not all locations unless specifically determined otherwise by the coalition pursuant to criteria referenced in Paragraph 60 of this contract.

Section II. 7. (e) No change.

Section III. through Section VI. No change.

Section VII. 39. through 45. No change.

Section VII. 46. Co-payment. As required by s. 1002.84(8), F.S., PROVIDER shall collect the assessed parent co-payment or graduated phase-out co-payment in accordance with Rule 6M-4.400, F.A.C., from the parent.

a. Co-payment Amount. The amount of the co-payment or graduated phase-out co-payment which must be collected for each child is included on his or her child care certificate. In the event that an assessed parent co-payment or graduated phase-out co-payment is changed by COALITION, COALITION will send the PROVIDER written notice of the change. Only co-payment or graduated phase-out co-payment changes from the COALITION are valid.

b. Co-payment Assessment and Collection. Assessed parent co-payments or graduated phase-out co-payments are automatically deducted from PROVIDER’s monthly reimbursement. PROVIDER is required to collect parent co-payments or graduated phase-out co-payments.

c. Co-payment Documentation. PROVIDER must give the parent a receipt for each co-payment or graduated phase-out co-payment made by the parent and retain receipt records for all child care co-payments or graduated phase-out co-payments. Upon request, PROVIDER shall provide a current accounting and copy of co-payment or graduated phase-out co-payments receipt records to the COALITON. COALITION will use this documentation to ensure parents who transfer their children to another child care provider have met their co-payment or graduated phase-out co-payment obligations before receiving additional school readiness services.

Section VII. 47.through 53. No change.

Section VIII. through IX. No change.

Section X. 56. through 59. No change.

Section X. 60. Revocation of Eligibility.

a. In accordance with s. 1002.88(2), F.S., if PROVIDER’s Contract is terminated under paragraph 56, 57, or 58, COALITION may revoke PROVIDER’s eligibility to deliver School Readiness Program for a period of five (5) years. The only statutorily authorized period of revocation is five (5) years (s. 1002.88(2), F.S.). In determining whether to revoke PROVIDER’S eligibility, the COALITION shall consider the following factors: the severity of the PROVIDER’S actions leading to the termination of the contract, the health, safety and welfare of children enrolled at the PROVIDER, the financial impact of the PROVIDER’S actions, the impact that the revocation would have upon the local community, consistency with COALITION’S actions against other PROVIDERS for similar violations of the Contract or program requirements, the length of time that PROVIDER provided services under contract with the COALITION, and whether the PROVIDER had previously violated the there terms of this Contract and prior contracts with the COALITION. COALITION shall provide notice of its intent to revoke PROVIDER’S eligibility at the same time that it provides written notice of intent to terminate the contract to PROVIDER.

b, The PROVIDER agrees that in the event that this contract is terminated under the provisions of paragraphs 57, 58 or 59, and the PROVIDER’S eligibility is not revoked for a period of five (5) years under paragraph 60, part a., the parties may not enter into another contract for the school readiness services for the remainder of the contract term of this contract.

Section X. 61. through 67. No change.

Section XI. through XIV. No change.

Exhibit 1: No change.

Exhibit 2: Nos. 1through 6 No change.

No. 7. Current Sunbiz print-out identifying the office, director or authorized person(s), if applicable.

Exhibits 3 through 5: No change.

 

On Form OEL-SR 20A:

 

Section I. through II. No change.

Section III. Add a new box between Location of Provider’s Principal Office (1) and Curriculum (13) entitled “Adding or Deleting Provider Locations Listed on Exhibit I.” and providing space to recite: “The added/deleted location(s) is and address(es):__________” and “Reason for modification: __________”

Section III. Remainder of boxes: No change

Section IV. No change

 

Form OEL-SR 20L, Form OEL-SR 20LE, and Form OEL-SR 20FFN: No change