In an effort to ensure the health and safety of children in all levels of child care, the Department will clarify license exemptions and provide minimum standards for school-age child care facilities. The Department established a handbook format ...

 

DEPARTMENT OF CHILDREN AND FAMILIES

Family Safety and Preservation Program

RULE NO.:RULE TITLE:

65C-22.008School Age Child Care

PURPOSE AND EFFECT: In an effort to ensure the health and safety of children in all levels of child care, the Department will clarify license exemptions and provide minimum standards for school-age child care facilities. The Department established a handbook format that is user friendly to include amended school-age standards.

SUMMARY: The Department developed this rule in response to public concerns that the licensure process for School-Age Child Care programs did not appropriately apply to the types of programming being provided. Providers that serve school age children exclusively believe that their programs differ from regular child care settings and believe that the standards should clearly reflect the difference. The issue of which programs are eligible for licensure exemption is also a concern addressed with this rule development.

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 proposed rule is cost neutral. The Department completed a Statement of Estimated Regulatory Costs (SERC) Checklist and SERC document was not required.

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: 402.305(1)(c), F.S.

LAW IMPLEMENTED: 402.305, F.S.

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

DATE AND TIME: Workshop A: December 5, 2016, 2:00 p.m. – 4:00 p.m., ET or until business is concluded, whichever is earlier

Workshop B: December 7, 2016, 1:00 p.m. – 3:00p.m., ET or until business is concluded, whichever is earlier

PLACE: Workshop A, Department of Children and Families, 1317 Winewood Boulevard, Building 4, Tallahassee, Florida 32399-0700

Workshop B, Hiawassee Branch of the Orange County Library, 7391 W. Colonial Drive, Orlando, Florida 32818

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 5 hours before the workshop/meeting by contacting: Cindy Campbell, Office of Child Care Regulation 1317 Winewood Boulevard, Building 6, Tallahassee, FL 32399-0700, [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: Cindy Campbell, Office of Child Care Regulation 1317 Winewood Boulevard, Building 6, Tallahassee, FL 32399-0700, [phone]

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

Substantial rewording of Rule 65C-22.008, F.A.C. follows. See Florida Administrative Code for present text.

65C-22.008 School-Age Child Care.

(1) Application for licensure. Application for a license or for renewal of a license to operate a school-age child care program must be made on CF-FSP Form (insert number)  , (insert date), Application for a License to Operate a School-Age Child Care Facility, which is incorporated by reference. CF-FSP Form (insert number) may be obtained from the Department’s website at www.myflfamilies.com/childcare or from the following link_(insert link).

(2) Licensing:  A school-age child care program must be licensed prior to operation and for continued operation, unless the program demonstrates that it is exempt pursuant to subsection (3), below.  The license is issued in the name of the owner. The owner may be an individual, partnership, association, company or corporation, and the license must be posted in a conspicuous location where the school-age child care program is operating.

(3) Exemptions: A school-age child care program is not required to be licensed as long as the program complies with the minimum background screening requirements provided in ss.402.305 and 402.3055, Florida statutes and if the program demonstrates that conditions of one of the following criteria are met:

a. Programs on School Sites.  The program is located on a public/nonpublic school site and:

1. Is operated and staffed directly by that school or through a formal agreement, such as a contract, between the school (or school district, when the latter reserves authority for such agreements) and a provider which names the school/school district as the responsible party for the operation of the program. A lease for space or user agreement, with or without the endorsement of the program by the school/school district, does not meet the formal agreement requirement.

2. Serves only the school-age children attending the school during the school day. The program may provide services during any out-of-school time, including before school, after school, on teacher planning days, holidays, and intercessions that occur during the school district’s academic calendar year.

3. Follows the standards set forth by the Florida Building Code State Requirements for Public Educational Facilities pursuant to section 402.305(5), F.S., programs operated in public school facilities, regardless of the operator.

b. Instruction/Tutorial Programs.  The program has a single instructional/tutorial purpose and that purpose is the only service that the program provides. Some examples of these programs include, but are not limited to, tutoring; a computer class; a ballet class; a karate class; baseball instruction or other sport; the program cannot provide any service beyond the instructional and tutorial/academic activity and:

1. Does not cater, serve, or prepare meals. The program may choose to provide drinks and ready-to-eat snacks that are individually pre-packaged and do not require refrigeration.

2.Does not advertise or otherwise represent that the program has attributes of child care, as defined in s. 402.302(1), F.S.;

3. Enrollment information shall clearly define the duration of the instructional sessions.  Session time may not exceed two hours.  If tutoring is provided in multiple academic areas, the total combined session times cannot exceed three hours per day.

c. Open Access Programs.  The program meets all of the following criteria:

1.Operates/Serves children for less than four hours per day; however, the program may provide services during any out-of-school time, including before school, after school, on teacher planning days, holidays, and intercessions that occur during the school district’s official academic calendar year;

2. Does not advertise or otherwise represent that the program is an afterschool child care program or that the program offers supervision;

3. Allows children to enter and leave the program at any time without permission, prior arrangements, or supervision, and the program does not assume responsibility for supervision;

4. Does not provide transportation, directly or through a contract or agreement with an outside entity, during the hours of operation for the purposes of field trips;

5.Does not serve or prepare any meals, except those provided through the USDA Afterschool Meal Program (AMP) administered by the Florida Department of Health, pursuant to Section 402.305(1)(c), F.S. Programs not participating in the AMP may choose to provide drinks and ready-to-eat snacks that are individually pre-packaged and do not require refrigeration.

d. Any program providing care for school aged children that is operated by, or in affiliation with a national membership non-profit organization that certifies membership organizations meeting the terms of section 402.301, F.S., in at least ten states, that was created for the purpose of providing youth services and youth development, that charges a membership fee for children and may receive grant funding for services.  Such is certified by its national association as complying with the association’s purposes, procedures, minimum standards and mandatory requirements.  The program must notify the Department prior to operating and annually, thereafter, of any operation of before school, after school or out of school time programs, provide verification of certification and good standing by its national association, and complete an annual attestation for compliance with background screening requirements. Failure by a program to comply with such reporting, providing required verifications, and screening requirements shall result in the loss of the program’s exemption from licensure.

e. The program provides child care exclusively for children in grades six and above.

(4) School-Age Child Care Standards. School age child care programs must follow the standards found in the “School-Age Child Care Licensing Handbook (insert date), incorporated herein by reference.  The handbook may be obtained from the Department’s website at www.myflfamilies.com/childcare or from the following link (insert link).

(5) Definitions for terms used in this rule are contained in the “School-Age Child Care Licensing Handbook (insert date),

Rulemaking Authority 402.305 FS. Law implemented 402.305 FS. History-New 9-12-04, Amended 4-12-07, 5-1-08, 1-13-10, 8-1-13,_____.

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Samantha Wass de Czege, Office of Child Care Regulation 1317 Winewood Boulevard, Building 6, Tallahassee, FL 32399-0700, [phone]

NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Secretary Mike Carroll, Department of Children and Families

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: November 04, 2016

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: 2/3/2016 Vol. 42/22