The rules are being amended to simplify and clarify the existing requirements to guarantee compliance with federal and statutory mandate. Revisions include a substantial rewording of 6M-4.200.

 

DEPARTMENT OF EDUCATION

Office of Early Learning

RULE NOS.:RULE TITLES:

6M-4.200School Readiness Eligibility Provisions

6M-4.208Documenting Eligibility for the School Readiness Program

PURPOSE AND EFFECT: The rules are being amended to simplify and clarify the existing requirements to guarantee compliance with federal and statutory mandate. Revisions include a substantial rewording of 6M-4.200.

SUMMARY: School Readiness eligibility provisions and documenting eligibility for 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.

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: 1001.213(2), FS.

LAW IMPLEMENTED: 1002.81, 1002.82(2)(f),(z) 1002.84(7), 1002.87 FS.

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

DATE AND TIME: Tuesday, April 7, 2020 2:00 p.m. – 3:00 p.m. ET, or at the conclusion of business whichever is earlier.

PLACE: via GoToWebinar only. To register for the webinar, please visit: http://www.floridaearlylearning.com/statewide_initiatives/laws_and_rules/proposed_rules.aspx

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: Katerina Maroney [phone]; [e-mail]. 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: Katerina Maroney, Deputy Director of Programs and Policy, Office of Early Learning, 250 Marriott Dr., Tallahassee, Florida 32399, [phone]; [e-mail]

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

Substantial rewording of Rule 6M-4.200 School Readiness Eligibility Provisions follows. See Florida Administrative Code for present text.

6M-4.200 School Readiness Eligibility Provisions.

(1) Definitions. The following definitions are applicable to all rules under chapter 6M-4, F.A.C.

(a) “Authorization Period” means the period the family is authorized to receive services once the family is determined to meet all the eligibility requirements.

(b) “Child Care Authorizations” and “referrals” means the forms received from recognized referring entities authorizing the need for child care services.

(c) “Earned Income” means the gross remuneration resulting from work, professional service or self-employment. This includes commissions, bonuses, and back pay awards.

(d) “Parent” means a person who has legal custody of a minor as a:

1. Natural or adoptive parent;

2. Legal guardian;

3. Person who stands in loco parentis to the minor; or

4. Person who has legal custody of the minor by order of a court.

(e) “Payment certificate” means the document issued by the coalition authorizing School Readiness payment for a specific child to a specified child care provider for a defined period.

(f) “Person who stands in loco parentis” means a responsible adult with whom the child lives, who is responsible for the day-to-day care and custody of the child when the child’s parent by blood, marriage, adoption or court order is not performing such duties.

(g) “Purpose for care” means the reason the parent needs care, such as employment, education and training, job search as  indicated on a valid Department of Children and Families (DCF) or Workforce Child Care Authorization form, work activity, respite services, child protection, seasonal work, disability and special needs.

(h “Re-establishment Period for Purpose of Care” refers to the period where the family continues to receive services during a temporary change.

(i) “Special Needs” means a child who has been determined eligible as a child with a disability in accordance with chapter 6A-6, F.A.C., and is participating in a program for children with disabilities provided by the school district or a child who has an individualized educational plan (IEP) or family support plan (FSP).

(j) “Suspend” means to temporarily discontinue services for the parent when the parent intends to resume an eligible education/training or work activity that has a change that exceeds three (3) months or the child temporarily does not need school readiness services offered by the coalition.

(k) “Unearned Income” means income other than earned income that includes documented alimony and child support received, social security benefits, Supplemental Security Income (SSI) (excluding SSI payments when a child is the recipient), worker’s compensation benefits, reemployment assistance or reemployment compensation benefits, veteran benefits, retirement benefits, temporary cash assistance under chapter 414, F.S., and cash gifts received regularly.

(2) Authorization period and purpose for care. A family’s eligibility for school readiness services depends on an established purpose for care. A coalition must authorize services in accordance with the family’s purpose for care. During the authorization period the child shall be considered eligible and shall receive services at least at the same level, regardless of a change in family income remaining below 85% SMI or a temporary change in the ongoing status of the child’s parent as working or attending a job training or educational program.

(a) A temporary change includes:

1. Any time-limited absence from work for an employed parent due to reasons such as need to care for a family member or an illness;

2. Any interruption in work for a seasonal worker who is not working between regular industry work seasons;

3. Any student holiday or break for a parent participating in training or education;

4. Any reduction in work, training or education hours, as long as the parent is still working or attending training or education;

5. Any other cessation of work or attendance at a training or education program that does not exceed three (3) months;

6. Any change in age, including turning 13 years old during the eligibility period; and,

7. Any change in residency within the state.

(b) Twelve-month authorization period. The coalition shall authorize at-risk, Economically Disadvantaged and Special Needs children for 12-months of child care funding.

1. At-risk. Eligibility is based on a documented child care authorization from the Florida Department of Children and Families (DCF) or its contracted provider, DCF-designated Lead Homeless Coalition Continuum of Care agency or Certified Domestic Violence Center. “At Risk Child” is defined in section 1002.81(1), F.S.

a. Child care authorizations for at-risk and protective services categories shall be valid for the duration determined by the referring entity.

b. A child may continue to maintain eligibility under the at-risk or protective services categories as long as there is a current and valid child care authorization. Each time a child care authorization is renewed during the 12-month authorization of child care funding, child care services will continue in increments defined by the referring agency. If an additional referral is granted to the parent that extends the purpose for care beyond the initial 12-month eligibility period, the coalition shall authorize the parent for an additional 12-month eligibility period.

2. Economically disadvantaged. To be eligible under this category the family must meet the following requirements -

a. Family Income. The family’s income, as defined in section 1002.81(8), F.S., must be at or below 150 percent of the Federal Poverty Level (FPL) for initial eligibility and 85 percent State Median Income (SMI) for continued eligibility. If 85 percent of the State Median Income (SMI) is less than 150 percent of the FPL, then 85 percent of the SMI is the income threshold for entry into the school readiness program.

b. Assets. A family shall not have assets that exceed one million dollars (as certified by the family member applying for services). This applies to all children funded with Child Care Development Block Grant funds.

c. Working Family. The family must also meet the definition of “Working Family” as defined by section 1002.81, F.S.

3. Special needs. To be eligible under this category, a child must be age three to kindergarten admission and have documentation of an individual education plan from the local school district.

(b) Authorization period less than twelve months. The following authorization periods apply for children being served in other categories.

1. Relative Caregiver Program and the Guardianship Assistance Program. A child may continue to maintain eligibility under the Relative Caregiver or Guardianship Assistance programs  if upon closure of the protective services case, the guardian is in receipt of Relative Caregiver Assistance or Guardianship Assistance payments for the child in need of school readiness services. A child may continue to maintain eligibility under the Relative Caregiver or Guardianship Assistance programs  for up to 12-months for initial and subsequent authorizations, as determined by the coalition, as long as the parent is in receipt of Relative Caregiver or Guardianship Assistance payments.

2. Welfare Transition Program, Temporary Cash Assistance, and Transitional Child Care/Non-Temporary Cash Assistance parents must also maintain compliance with statutory requirements specific to the program, as monitored by the referring agency.

a. Eligibility is based on a documented child care authorization issued by DCF or the local workforce agency.

b. All children eligible under the Temporary Cash Assistance, Temporary Cash Assistance Respite, and Temporary Cash Assistance Applicant programs will be authorized for child care funding for the period indicated by the referring agency’s child care authorization. The parent no longer maintains purpose for care under this eligibility category upon child care authorization expiration or upon notification of termination from the referring agency to the coalition, whichever comes first.

(3) Re-establishment period for purpose of care. When a parent experiences a loss in purpose for care, the coalition must provide the parent a three (3) month period to re-establish purpose for care, at which time the parent must meet purpose for care to remain eligible for the remainder of the twelve-month authorization period. The child shall continue to receive services at the same level and provider shall continue being reimbursed during the three (3) month re-establishment period.

(a) At-risk, relative caregiver and welfare transition program. The parent no longer maintains the current purpose for care upon the child care authorization’s expiration or upon notification of termination from the referring agency to the coalition, whichever comes first. The coalition or contracted designee shall inform the parent and DCF or local workforce referral agency that when the child care authorization expires or is terminated the parent will have three (3) months to provide documentation to establish a purpose for care under another eligibility category to continue to receive services.

(b) Economically disadvantaged. The parent no longer maintains purpose for care cessation of employment, attendance at a job training or education program.

(c) The time period that surpasses the initial authorization will be counted toward the subsequent authorization period.

(d) A family will not be limited to a single three (3) month period to reestablish a purpose of care. 

(4) Redetermination. All redetermining eligible At-risk, Economically Disadvantaged and Special Needs children will be authorized for 12-months of child care.

(a) Family Income. The family’s income must remain at or below 85 percent of the State Median Income (SMI) as the upper level of the program subsidy support to be eligible for a subsequent authorization.

(b) All redetermining clients are subject to the graduated phase-out requirements defined by subsection 6M-4.003(3), F.A.C. if the family unit income increases to above 150% FPL and remains under 85% SMI.

(c) Parents and providers must be notified if, as a result of any redetermination, a child is determined ineligible for financial assistance within two weeks.

(5) Notification to parents. The coalition or contracted designee shall notify the parents of their responsibility and the method to notify the coalition or contracted designee within two weeks of any change of circumstances related to:

(a) Address;

(b) Change in work or education status;

(c) Family size;

(d) Failure to maintain attendance at a job training or education program;

(e) ncome exceeds 85% of the state median income (SMI).

(6) Payment Certificate. Upon determination of eligibility, a parent shall be given a payment certificate to submit to an eligible child care provider to enroll the child in its school readiness program. The payment certificate shall at a minimum include the child(ren) for whom a coalition authorized child care, the provider the family selected, signatures of both the beneficiary and school readiness provider representative, the assessed parent copayment for each eligible child, the authorized hours of care and the authorized begin and end dates for school readiness services.

(7) Transfer of School Readiness Services. Eligible families shall continue to receive school readiness services during the 12-month eligibility period due to a change in residence within the state to a different coalition service area.

(a) The school readiness funding shall transfer to the coalition service area that the family relocates to. Funding shall reflect the remaining balance of 12-month eligibility. Transferring families are subject to the same document requirements found under subsection 6M-4.208(4), F.A.C. The coalition shall make every effort to coordinate with the transferring coalition to obtain documents that would be valid regardless of the location of the coalition such as birth certificates, shot records or proof of parental relationship. Any documentation received because of new employment in the receiving coalition shall not be used in increase a family’s copay.

(b) The parent copayment may not be increased due to a transfer of services outside of the coalition service area.

(c) The coalition service area of transfer will be responsible for the redetermination of eligibility at the end of the original 12-month authorization period.

(d) If the family transfers during a three (3) month period to reestablish a purpose of care, the family must reestablish a purpose of care by the end of the three (3) month period for services to be continued in the new coalition service area.

(8) Termination of School Readiness Services. Services shall be discontinued for a family prior to the end of the 12-month eligibility period under limited circumstances. The family and provider will be notified of disenrollment at a minimum of two weeks prior to termination of services or at the end of the current eligibility period, whichever comes first. The notification to the parent shall include the reason for termination. Qualifying events for termination include:

(a) Excessive unexplained absences that exceed 10 calendar days during a total month of attendance. The coalition shall document three attempts to contact the family and the provider regarding excessive absences prior to disenrollment.

(b) Substantiated fraud or intentional program violation determined by the coalition or its designee pursuant sections 1002.91 and 1002.84 (17), F.S.

(c) A change in residency outside of the state of Florida.

(d) Purpose of care is not reestablished at the end of a three (3) month period.

(e) The family income exceeds 85% of the current state median income.

Rulemaking Authority 1001.213(2) FS. Law Implemented 1002.81(1), (8), (16), 1002.82(2)(f), (z), 1002.87(1), (5), (6) FS. History–New 4-21-03, Formerly 60BB-4.200, Amended 7-31-14, 12-18-16, 8-20-18,_____.

 

6M-4.208 Documenting Eligibility for the School Readiness Program.

(1) Each early learning coalition or designated contractor must determine eligibility for each applicant applying for the School Readiness Program in accordance with section 1002.87(1), F.S., and rule 6M-4.200, F.A.C. All child eligibility documentation shall be maintained by the coalition, as applicable. Each coalition is responsible for implementing a records retention policy ensuring that all documentation is maintained in accordance with law. The coalition or the designated contractor its designee, where applicable, must conduct annual internal file monitoring activities to ensure the accuracy of eligibility determinations.

(2) Notwithstanding their inability to provide full documentation at the initial eligibility determination, a coalition shall permit enrollment after initial eligibility determination to children experiencing homelessness as verified by a Department of Children and Families (DCF) certified homeless shelter.

(3) Each applicant must have a completed, signed and dated Form OEL-SR 01, School Readiness Application for each initial eligibility determination in the statewide information system. Form OEL-SR 01, is adopted in and incorporated by reference in rule 6M-4.300, F.A.C. The signature and date may be electronic if the application is available in the statewide information system.

(4) Documentation required for school readiness services eligibility. During the initial determination and redetermination an applicant must submit documentation, as applicable, to verify compliance with eligibility requirements. An office visit shall not be required for the submission of eligibility documentation or establishment of eligibility. Prior to the eligibility determination and enrollment, new applicants shall submit required documentation within 30 calendar days from the date on the funding notification. Redetermining applicants shall submit required documentation through the statewide information system prior to the redetermination date. The coalition shall determine eligibility within ten (10) calendar days of receipt of the documentation.

(a) Age. Verification of age must be established for each child eligible for the school readiness program in accordance with section 1002.87(1), F.S. The coalition shall keep a record of at least one of the following supporting documents that shows the child’s name and date of birth:

1. An original or certified copy of the Cchild’s birth record filed according to law with the appropriate public officer.

2. An original or certified copy of the Cchild’s certificate of baptism or other religious record of the child’s birth, accompanied by an affidavit stating that the certificate is true and correct, sworn to or affirmed by the child’s parent.

3. An insurance policy on the child’s life which has been in force for at least 2 years.

4. A passport or certificate of the child’s arrival in the United States.

5. An immunization record signed by a public health officer or licensed practicing physician, or

6. A valid military dependent identification card.

7. For Temporary Assistance for Needy Families (TANF) families identified in section 1002.87(1), F.S., the child’s age, as indicated on a child care authorization submitted by the referring agency, is sufficient to establish the child’s age as verified by the parent.

8. For children identified in sections 1002.81(a)-(d), F.S., the child’s age, as indicated on a child care authorization submitted by the referring agency, is sufficient to establish age as verified by the parent.

9. If no supporting documents listed in subparagraphs (a)1.-8. above are available, a parent’s notarized statement of the child’s age accompanied by a certificate of age signed by a public health officer or licensed physician stating that the child’s age shown in the affidavit is true and correct may be accepted.

(b) Citizenship. Each child receiving services must be a U.S. citizen or qualified alien. Verification of U.S. citizenship or a qualified noncitizen status must be obtained for each child prior to authorizing school readiness services. The coalition shall keep a record of at least one of the following supporting documents establishing citizenship for each child:

1. U.S birth certificate.

2. An original or certified copy of the child’s U.S. birth record filed according to law with the appropriate public officer.

3. U.S. passport.

4. Lawfully admitted alien document (e.g. Forms I-94, I-94A, I-197, I-551 & I-766) with non-U.S. passport.

5. Certificate of U.S. citizenship or naturalization.

6. Documentation of Medicaid eligible status with the exception of Medicaid benefits received through the emergency medical assistance program  as a non-citizen or non-qualified alien.

76. For TANF children identified in section 1002.87(1)(a), F.S., the child’s status as a TANF recipient, as indicated on a child care authorization submitted by the referring agency, is sufficient to establish the child’s citizenship.

8. If no supporting documents listed in subparagraphs (b)1.-7., above, are available, for a homeless child as defined in Section 1003.01, F.S., a coalition can accept a notarized statement provided by the child’s parent or homeless shelter.

7. For children identified in sections 1002.81(1)(a)-(d), F.S., the Medicaid-eligible status, as indicated on a child care authorization submitted by the referring agency, is sufficient to establish the child’s citizenship.

(c) Residency. Each applicant must submit verification of current residency to qualify for the program in the county in which the applicant applied. The coalition shall keep a record of at least one of the following supporting documents that shows the name and current residential address of a parent with whom the child resides:

1. Utility bill (electric, gas, water), cable, internet or landline phone bill dated within 12 months of the date the child application is submitted.

2. Pay stub from a current employer dated within 12 months of the date the child application is submitted.

3. Current and signed residential rental agreement or receipt from rental payment dated within 12 months of the date the child application is submitted.

4. Government-issued document (e.g., Florida driver’s license, Florida identification card, or current property tax assessment showing a homestead exemption dated within 12 months of eligibility determination), or

5. Military order showing that the child’s parent is a service member in the United States Armed Forces and is assigned to duty and resides in Florida when the child attends the school readiness program (e.g., permanent change of station).

6. For children identified in section 1002.87, F.S., the child’s status as a TANF recipient, as indicated on a child care authorization submitted by the referring agency, is sufficient to establish the child’s residency.

7. For children identified in sections 1002.81(1)(a)-(d), F.S., the child’s Medicaid-eligible status, as indicated on a child care authorization submitted by the referring agency, is sufficient to establish the child’s residency.

8. If no supporting documents listed in subparagraphs (c)1.-7., above, are available, a coalition may accept a notarized statement provided by the child’s parent and a letter from a landlord or property owner which confirms that the child resides at the address shown in the notarized statement. Docmentation cannot be accepted by the coalition more than one time to determine eligibility.

9. If no supporting documents listed in subparagraphs (c)1.-7., above, are available, for a homeless child as defined in Section 1003.01, F.S., a coalition shall document residency based on other supporting documents showing that the child is homeless and resides in Florida (e.g., letter from a shelter or a notarized statement provided by the child’s parent).

(d) Parent Status. Each applicant must meet the definition of parent in subsection 6M-4.200(1), F.A.C., and submit government-issued ID and documentation of guardianship. Additionally, the coalition shall keep a record of at least one of the following supporting documents to verify the parental relationship:

1. A copy of the child’s birth certificate, which includes the parent’s name or maiden name, if applicable.

2. A court order or other legal documentation that substantiates the adult’s relationship to the child(ren).

3. A valid DCF or Workforce Child Care Authorization Form that bears the name of the child and the parent.

4. Documentation the applicant is in receipt of Rrelative Ccaregiver payment, Guardianship Assistance payment or TANF benefits on behalf of the child.

5. A notarized statement provided by the child’s parent listing the person designated to be responsible for care of the child.

6. Official public or non-public school records.

7. A notarized statement from a medical professional.

(e) Family Size. Each applicant must identify each child and adult included in the school readiness family size, in accordance with section 1002.81(9), F.S.

1. Family size includes the parent(s) and the child(ren) currently residing together in the same dwelling unit (persons who are parents of a child in common regardless of whether they have been married and all children in their care) or person standing in loco parentis.

2. Children with a child care authorization who are in a licensed out-of-home placement or relative/non-relative placement must be listed as a child only case in the statewide information system. A family unit shall include an individual child referred or related sibling group referred in a licensed out-of-home placement or relative/non-relative placement.

3. The family size for a family that includes a child(ren) in receipt of Relative Caregiver or Guardianship Assistance payment shall only include the child(ren) in receipt of the Relative Caregiver or Guardianship Assistance payment.

4. The family size for a family that includes a child(ren) in receipt of TANF child only benefits shall only include the child(ren) if the child resides with a guardian. If the child resides with a parent, the parent must be included in the family size.

5. A teen parent will be considered a separate household, unless the teen and their child(ren) are included in their parents School Readiness family size. Eligibility and income will be determined consistent with the procedures for other households.

6. The coalition shall keep a record of at least one of the following supporting documents, as applicable, to establish family size:

a. A statewide information system generated form or locally developed form documenting the applicant’s family size including a statement from the parent certifying that the household information is true and correct. In cases where the coalition suspects fraud, the coalition may request additional documentation to establish family size.

b. For TANF families identified in section 1002.87(1), F.S., the child’s family size as a TANF recipient, as indicated on a child care authorization submitted by the referring agency as verified by the parent, is sufficient to establish family size.

c. For children identified in sections 1002.81(1)(a)-(f), F.S., the child’s family size on a child care authorization submitted by the referring agency as verified by the parent, is sufficient to establish family size.

(f) Purpose for Care. Each applicant must meet the purpose for care requirements of the program in accordance with sections 1002.81(1), (7), (16) and 1002.87(1), F.S. The coalition shall keep a record of at least one of the following supporting documents establishing purpose for care for the authorization period:

1. For children identified in sections 1002.81(1)(a)-(f), F.S., the child’s purpose for care, as indicated on a child care authorization submitted by the referring agency, is sufficient to meet this requirement. If income documentation (earned and unearned) is available during the initial and subsequent eligibility verification, it must be submitted at that time by the family or the referring agency. A child is eligible under the relative caregiver program category if, the guardian is in receipt of Relative Caregiver Assistance payments or Guardianship Assistance payments from the Florida Department of Children and Families.

2. For children identified in section 1002.87(1)(a), F.S., the child’s status as a TANF recipient, as indicated on a child care authorization submitted by the referring agency, is sufficient to establish purpose for care.

3. For income eligible families, purpose for care is established by the parent’s work schedule as verified on one of the income documents listed below in subparagraph (4)(f)6.

4. Education. Each applicant requesting services in order to attend an approved educational activity in accordance with Section 1002.81(16), F.S., shall provide an official school schedule and proof of enrollment from an accredited education institution. Use of educational activities as a purpose for care shall be limited to GED programs, secondary education programs, technical or vocational programs, associate of arts, associate of science, bachelor of arts, and bachelor of science programs.

5. Documentation for exemptions to work requirements due to disability or age:

a. Disability – In order to be exempt from work requirements due to disability, a parent must submit documentation from a physician licensed under chapter 458 or 459, F.S.,  or a disability award letter from the U.S. Social Security Administration.

b. Age – In order to be exempt from work requirements due to age, a parent must submit proof of receipt of retirement income benefits from the U.S. Social Security Administrator or documentation from a physician licensed under chapter 458 or 459, F.S.

6. Income. Each applicant must submit documentation of earned and unearned income in accordance with paragraphs (a)-(g), below. This applies to at-risk children identified in section 1002.81(1), F.S., if available. If income documentation is not available for at-risk children, the coalition shall still process the eligibility determination under the at-risk child care authorization.

a. All earned income and unearned income not excluded by section 1002.81(8), F.S, and employment, shall be documented.

b. For all applicants, other than those who are self-employed, each source of earned income, at a minimum, shall be documented by hours of employment and rate of pay based on:

I. Four (4) weekly, two (2) biweekly, two (2) semi-monthly, or one (1) monthly pay stubs that are current and consecutive; or

II. A signed statement by the employer dated within 4 weeks of applying for SR child care funding; or

III. A signed contract for employment that has a termination date of not less than 9 months from the date of applying for SR child care funding.

c. Each source of unearned income, as defined by section 1002.81(15), F.S., shall be documented at a minimum by:

I. Source documentation establishing receipt of unearned income such as, but not limited to, alimony, social security benefits, supplemental security income, worker’s compensation benefits, reemployment assistance, veteran’s benefits, retirement benefits, temporary cash assistance under chapter 414, F.S., and regularly received cash gifts.

II. For child support, verification from the child support enforcement office or a written statement from the absent parent or parent in receipt of child support payments household member.

III. For varied amounts of unearned income, the parent must provide a minimum of four (4) weekly, two (2) biweekly, two (2) semi-monthly, or one (1) monthly source of unearned income documentation.

d. Income Fluctuations. For families that have irregular earnings (fluctuations) due to seasonal or other types of work schedules such as retail employment during the holidays or tourism in the summer, the coalition or contracted designee must:

I. Calculate the average income for the previous 12 months. The average must reflect income changes that occur during the eligibility period, including situations in which a family had monthly income above 85 percent of the State Median Income (SMI), for part of the year and lower income in other months.

II. For instances where a family, upon redetermination, may not have 12 months of pay stubs, use an employer verification statement that affirms the average annual income.

e. Self-Employment. For purposes of income verification, self-employment is defined as work activities that produce income that an individual uses to meet daily living expenses. The self-employment activity must contribute to the applicant’s livelihood and the time and effort put into the activity will indicate intent to make a profit. Passive or casual activities that can be more appropriately qualified as “hobbies” or volunteer work do not meet this criterion. I. Self-employed applicants shall provide appropriate documentation sufficient to determine a minimum of 20 hours worked per week and income, such as: business account ledgers, written documentation from customers, contractors, or federal tax returns.

II. For initial eligibility determination, eligibility shall not be denied solely because the applicant makes less than the minimum wage. If an applicant makes less than minimum wage at initial eligibility determination, the authorized eligibility period shall be twelve (12) months. However, subsequent eligibility authorizations will be dependent on whether or not the participant can document that self-employment activities generate consistent business gains. Once minimum wage is established by self-employment activities, subsequent eligibility may continue to be authorized for twelve (12) months.

(g) An acknowledgement of income and family size used to establish the family copayment in accordance with rule 6M-4.400, F.A.C., if applicable, shall be documented by every family applying for school readiness service, including families of children identified in section 1002.81(1), F.S. This acknowledgement shall be made and documented at each determination of eligibility. The acknowledgement may be recorded on locally created income worksheets that includes the information listed on the income worksheet generated by the statewide information system or worksheets generated by the statewide information system, if available.

Rulemaking Authority 1001.213(2) FS. Law Implemented 1002.81(1), (8), (16), 1002.82(2)(f), 1002.84(7), 1002.87(1), (5), (6) FS. History–New 4-21-03, Formerly 60BB-4.208, Amended 12-18-16, 8-20-18, _____.

 

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

NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Shan Goff, Executive Director

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: March 6, 2020

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: January 28, 2020