Florida’s Office of Early Learning
RULE NO.:RULE TITLE:
6M-4.500Child Attendance and Provider Reimbursements
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. 45 No. 10, January 15, 2019 issue of the Florida Administrative Register.
6M-4.500 Child Attendance and Provider Reimbursements
(1) General Provisions
(a) Through (k) No changes.
(2)Monthly certification of child attendance for payment reimbursement
(a) A provider must complete and certify a monthly roster, using the statewide information system, that lists each child enrolled in the provider’s school readiness program, and includes spaces for a private provider or public school to report a child’s attendance for the calendar month. In the event the statewide information system is non-operational, the early learning coalition shall provide the school readiness provider with a monthly roster.
(b) through (c) No change.
(3) No change.
(4) Absences.
(a) through (d) No change.
(e) When an at-risk child has an unexcused absence or seven consecutive days of excused absences, the school readiness provider shall notify the Department of Children and Families or community-based lead agency and the early learning coalition prior to the close of business on the day of the absence. The coalition shall document any contact made with the provider, referring agency and parent in the case file. This paragraph shall apply to all at-risk children under the age of school entry.
(5) Reimbursement for Contracted Slots. If a coalition participates in the Contracted Slots Program and the coalition determines a provider is eligible for the program in accordance with 6M-4.610, FAC, then the coalition may reimburse the provider up to 10% above the 75th percentile of the market rate determined in accordance with 1002.895, F.S. If the market rate data is not available or is based on a sample size of less than four for a specific provider type and/or care level by county, then the rate shall be based on the statewide market rate for the applicable provider type and/or care level. The portion of the contracted slots reimbursement up to the provider’s private pay rate shall be funded by school readiness direct service billing groups. The remaining portion of the contracted slots reimbursement exceeding the provider’s private pay rate shall be funded as a quality expenditure, however, the contracted slots reimbursement rate is not considered a quality improvement program and is not included in the calculation of the 20% limit for combined quality improvement program differentials. Gold seal rates shall be excluded from the contracted slots reimbursement rates.
(6) Reimbursement for Registration Fees. If a provider has indicated that it charges a registration fee in Exhibit 5 of the State of Florida Statewide School Readiness Provider Contract, Form OEL- SR 20, as incorporated by reference in Rule 6M-4.610, F.A.C. the coalition shall pay the provider a registration fee for each a child enrolled in the School Readiness program. The coalition shall pay the a registration fee two (2) times within a five (5) year period during a child’s continuous eligibility for the program. Five continuous years begins with the effective date of this rule.
(a) The coalition shall pay a provider registration fee of up to seventy-five dollars per eligible child at the time the registration fee is due to the provider. The payment for the registration fee shall not exceed the provider’s published private registration fee.The coalition shall reimburse the registration fee with the reimbursement for the child’s first month of attendance with the provider. For children currently enrolled in the program, the coalition shall reimburse the provider the registration fee the next time the fee is due to the provider after the effective date of this rule.The payment for the registration fee shall not exceed the provider’s published private registration fee. If a child is attending different providers concurrently, the coalition shall pay the registration fee to the provider that the child attends the majority of the time. If a child concurrently attends all providers an equal amount of time, the registration is paid to the provider where the child has been enrolled the longest.
(b) The coalition shall apply the following exceptions to the requirement limiting the registration fee reimbursement to two (2) times during a child’s eligibility for the program.
1. If the child’s provider closes or has its contract terminated, the coalition shall pay the registration fee to the new provider. This payment is considered a one-time exception and does not apply to the two-time limit.
2. If a child is enrolled in the school readiness program continuosly for five years, the coalition shall pay the registration fee during the sixth year of eligibility at redetermination. Five continuous years begins with the effective date of this rule.
(b)3. If there is a break in the child’s eligibility of at least twelve consecutive months, the two-time limit starts over.
(c) If the child’s provider closes or has its contract terminated, the coalition shall pay the registration fee to the new provider. This payment is considered a one-time exception and does not apply to the two-time limit
(d) 4. If the family experiences hardship requiring a transfer to a different provider, the coalition shall pay the registration fee to the new provider. This payment is considered a one-time exception and does not apply to the two-time limit. Hardship may be demonstrated by evidence of one or more of the following:
1.a. Illness of the child or parent requiring the family to relocate.
2.b. Loss of a parent resulting in family relocation.
3.c. Loss of employment resulting in family relocation.
4.d. Eviction requiring the family to relocate.
5.e. Natural or man-made disaster.
6.f. Child expulsion in accordance with the provider’s policies. The coalition shall recoup the registration fee in cases where a provider expels a child within three (3) months of enrollment.
(e)The coalition shall recoup the registration fee in cases where a provider expels a child within three (3) months of enrollment.
(7) Reimbursement for Children with Special Needs.
(a) A child care provider may be reimbursed by the coalition at a higher rate if caring for any school readiness child with special needs requiring additional care beyond services required by the Americans with Disabilities Act (ADA). To receive a special needs rate, a child care provider must submit a list of the special needs services it is providing for each special needs child, in addition to the routine school readiness services. A special needs rate may be negotiated up to twenty (20) percent above the maximum approved base reimbursment rate established for infant care rate established by the coalition. However, any amount that exceeds the providers private pay rate for infant care shall be classified as a quality expenditure.
(b) No change.
(8) Reimbursement for Combined of Quality Improvement Programs.
(a) Coalitions may reimburse providers participating in a combination of state, as described in paragraphs (9), (10), and (11) of this rule, or local quality programs not to exceed up to twenty (20) percent above the provider’s private pay rate to support quality. This calculation does not include the contracted slots reimbursement rate. Payments may exceed private pay rates if they are designed to pay providers for additional costs associated associateed with offering higher-quality care. Any However, any amount that exceeds the providers private pay rate for infant care shall be classified as a quality expenditure.
(b) A child care provider that is currently participating in a state or local quality improvement program, as documented by the coalition and approved by the Office of Early Learning, may receive a differential rate higher than the coalition’s approved base approvedreimbursement rate for each care level and unit of care. The reimbursement rate for each the state and local quality improvement differential shall be calculated using may not exceed twenty (20) percent above an early learning coalition’s approved base reimbursement rate for each care level and unit of care.
(9) No change.
(10) Reimbursement for Quality Performance Incentive.
(a) An eligible child care provider that receives a program assessment composite score above the Quality Improvement Threshold score, as defined in Rule 6M-4.741 6M-4.740, F.A.C., of 3.01 or higher shall receive a tiered Quality Performance Incentive differential rate above the coalition’s approved base approved reimbursement rate for each care level and unit of care.
(b) A child care provider’s Quality Performance Incentive differential shall be based on the most recent program assessment composite scores. The differential will be adjusted at the beginning of the new Statewide School Readiness Provider Contract year.
1. Providers that receive program assessment composite scores of 3.01 to 3.99 shall receive a three (3) percent Quality Performance Incentive differential.
1.2. Providers that receive program assessment composite scores of 4.00 to 4.99 shall receive a four (4) percent Quality Performance Incentive differential.
2.3. Providers that receive program assessment composite scores of 5.00 to 5.99 shall receive a seven (7) percent Quality Performance Incentive differential.
3.4. Providers that receive program assessment composite scores of 6.00 to 7.00 shall receive a twelve (12) percent Quality Performance Incentive differential.
(c) No change.
(11) Reimbursement for Child Assessments.
(a) An eligible child care provider, as defined in subsection (b) below, shall may receive a child assessment differential reimbursement rate of five (5) three (3) percent higher than the coalition’s approved base approved reimbursement rate for each care level and unit of care. This differential shall be paid within 60 days of conclusion of each assessment period with the monthly reimbursement. The differential shall be paid for all eligible children, as described in paragraph (c) of this subsection, assessed during the assessment period and in accordance with this subsection, once all assessments have been successfully completed and submitted per the requirements of the OEL approved assessment tool. A child care provider who contracts for the SR Program at a time that does not allow three assessment periods to be completed in the contract year is not eligible for a differential. at the end of each contract year and in accorandance with this subsection of rule, once all assessments have been successfully completed and submitted. The provider shall be reimbursed the child assessment differential rate only for those children that have had 3 assessments conducted during the contract year for all reimbursable days during the contract year.
(b)(a)To be eligible to receive the child assessment differential rate, a provider shall complete conduct child assessments with an OEL approved assessment tool conducted by teachers determined reliable using a reliable assessor as defined by the child assessment tool at least three times per year and submit valid and reliable data to the statewide information system in domains of language and executive functioning. A child care provider that is currently on a Quality Improvement Plan, pursuant to Rule 6M-4.740, F.A.C., is not eligible for the child assessment differential reimbursement.
1. A coalition may waive the requirement for all school readiness chilren to be assessed due to unforeseen circumstances. Unforeseen circumstances include:
a. Force Majeure-Where the delay resulting from its failure to perform is neither the fault nor the negligence of the Provider or its employees or agnets contributed to the delay and the delay is due directly to acts of God, wars, acts of public enemies, strikes, fires, floods, or other similar cause wholly beyond the Provider’s control.
b. Electronic records are unavailable from the training agency or other entity due to database or system failure.
c. Instructor/director death or staff loss due to emergency circumstances including, but not limited to, declaration of a state of emergency by federal, state or local officials.
2. A provider who contracts for the SR Program at a time that does not allow three assessments to be completed in the contract year is not eligible for a differential.
3. A child care provider that is currently on a Quality Improvement Plan, pursuant to Rule 6M-4.470, F.A.C., is not elgible for a differential reimbursement rate.
(c) To receive the differential, all eligible school readiness children ages birth to kindergarten entry, who have been enrolled at the provider for at least 60 days, shall be assessed during the eligible assessment periods on all domains as defined by the OEL - approved tool chosen by the provider. If a child enrolls at the provider later than 60 calendar days before the end of the assessment period, the child shall be assessed in the next assessment period.
(d) (a) A roster of all birth to five classrooms must be submitted to the office through the OEL-defined system as required in Form OEL-SR 740 (November 2018), incoporated by reference in Rule 6M-4.740, F.A.C., and must indicate all teachers assigned to each classroom. A provider shall maintain at least 75% of teachers reported on the providers birth to five classrooms roster meeting the reliability requirements as defined by the OEL-approved assessment tool to receive the child assessment differential rate. If the provider falls below 75% due to the loss of a teacher or a teacher is no longer considered reliable, the provider will have 45 30 calendar days to replace the teacher with a reliable teacher. If the teacher is not replaced within 45 30 days of the previous teacher’s last day of employment and the provider has not retained 75% of reliable teachers, the differential shall not be paid for the remainder of the contract term. 1. If a provider falls below the 75% reliability requirements, they should notify the coalition within five business days of the last date of the previous teacher’s employment or reliability for the current teacher expires.
(b) All school readiness children ages birth to kindergarten entry, who have been enrolled at the provider for at lease 60 days, shall be assessed during the eligible assessment periods on all domains as defined by the OEL – approved tool chosen by the provider. If a child enrolls at the provider later than 60 calendar days before the end of the assessment period, the child shall be assessed in the next assessment period.
(e)(c) Assessments periods shall be conducted within the following periods and all data completed complete and uploaded in the last month of that period:
1. Assessment Period One – August 1 – October 31
2. Assessment Period Two – November 1 – January 31
3. Assessment Period Three – February 1 – April 30
(f) (d) A parent may decline to have a child assessed at the time of enrollment at the provider through the statewide information system.
(12) Reimbursement for Combined Quality Programs. A child care provider that is currently receiving a Gold Seal differential and participating in a state or local quality improvement program, as documented by the coalition and approved by the Office of Early Learning, may receive a differential rate higher than the coalition’s base approved reimbursement rate for each care level and unit of care. The reimbursement rate for quality improvement differential shall not exceed twenty (20) percent above the provider’s private pay rate.
