Standard Statewide Provider Contract for the VPK Program  

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    DEPARTMENT OF EDUCATION

    Florida’s Office of Early Learning

    RULE NO.:RULE TITLE:

    6M-8.301Standard Statewide Provider Contract for the VPK 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. 171, September 1, 2016 issue of the Florida Administrative Register.

    The following changes have been made:

     

    6M-8.301  Statewide Provider Agreement for the VPK Program

    (1) through (7) No change.

    (8) 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 VPK program if any of the following circumstances apply:

    (a) No change.

    (b) An individual associated with the provider was, or is, associated with another provider that is on the United States Department of Agriculture National Disqualified List;

    (c) No change.

    (d) An individual associated with the provider was, or is, associated with another provider that has been terminated from participation in the program due to fraud and is currently not eligible to participate in the VPK program.

    (e) The provider is currently ineligible to participate in the program pursuant to Section 1002.67(4), F.S.

    (f) An individual associated with the provider was, or is, associated with another provider that is currently ineligible to participate in the program pursuant to Section 1002.67(4), F.S.

    (g) For multi-site providers, such as corporate chains or school districts, VPK program ineligibility identified 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. 

    (h) For providers removed from eligibility due to noncompliance specifically related to VPK pre- and post-assessment or VPK readiness rates under Section 1002.67(4), F.S., the removal from eligibility applies to VPK program type (school-year or summer) and therefore, in paragraphs (e) and (f) above, ineligibility to contract is per program type.

    (9) 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 VPK services, provided the new owner meets the eligibility requirements of Sections 1002.55, 1002.61, and 1002.63, F.S., and is not disqualified from contracting pursuant to subsection (8) of this rule. Upon receipt of a request for a new contract due to a transfer of ownership, the coalition shall have up to thirty (30) calendar days to execute or decline a new contract. This timeline may be extended if all prerequisite requirements have not been met.

    (10) No change.

     

    On Form OEL-VPK 20:

     

    Paragraphs 1 through 55: No change.

    Paragraph 56: separated the paragraph into two parts, adding a. at the beginning of the current paragraph and adding language in part b, which states: b. The PROVIDER agrees that in the event that this contract is terminated under the provisions of paragraphs 54 or 55, and the PROVIDER’s eligibility is not revoked for a period of five (5) years under paragraph 56 part a, the parties may not enter into another contract for VPK services for the remainder of the contract term of this contract.

    All remaining paragraphs and exhibits: No change.