The purpose of the proposed rule revision is to update the child application process for VPK. The rule addresses the process of child registration, eligibility determination and enrollment into a VPK class.

 

DEPARTMENT OF EDUCATION

Florida’s Office of Early Learning

RULE NO.:RULE TITLE:

6M-8.201Child Enrollment Procedure for the Voluntary Prekindergarten (VPK) Education Program

PURPOSE AND EFFECT: The purpose of the proposed rule revision is to update the child application process for VPK. The rule addresses the process of child registration, eligibility determination and enrollment into a VPK class.

SUMMARY: The rule establishes the child application and enrollment process for VPK, including acceptable documents to verify proof of residential and age eligibility. The proposed rule revisions update rule language to add clarity, consistency, and remove unnecessary or obsolete information.

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 revisions do not have a significant impact on the current process for parents seeking to enroll their child in the Voluntary Prekindergarten (VPK) Education program as most of the revisions merely update unnecessary language and replace obsolete information. The current process may indirectly impact an early learning coalition or a VPK provider, however, it is streamlined to create efficiencies overall and therefore does not ultimately have a positive nor negative cost impact.

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), 1002.75(2), 1002.79 FS.

LAW IMPLEMENTED: 1002.53(4),(5), 1002.75(2)(a)(b), 1002.82(2)(n) FS.

IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE HELD AT THE DATE, TIME AND PLACE SHOWN BELOW (IF NOT REQUESTED, THIS HEARING WILL NOT BE HELD):

DATE AND TIME: May 24, 2016, 3:00 p.m. ‒ 4:00 p.m. or at the conclusion of business whichever is earlier

PLACE: Via webinar; registration information may be found at:

http://www.floridaearlylearning.com/oel_resources/rules_guidance_technical_assistance/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 7 days before the workshop/meeting by contacting: Tara Huls, Bureau Chief, Voluntary Prekindergarten Education Program, 250 Marriott Drive, Tallahassee, FL 32399, [phone] or [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: Tara Huls, Bureau Chief, Voluntary Prekindergarten Education Program, 250 Marriott Drive, Tallahassee, FL 32399, [phone] or [e-mail]

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

6M-8.201 Child Enrollment Procedure for the Voluntary Prekindergarten (VPK) Education Program.

(1) Child registration. A parent wishing to register a child in the Voluntary Prekindergarten Education Program must complete and submit Form OEL-VPK 01 (May 2016), titled Voluntary Prekindergarten (VPK) Education Program Child Application, an online application and submit it through the single point of entry (known as the Family Portal) established under Section 1002.53, Florida Statutes (F.S.), and available at the following web address: https://familyservices.floridaearlylearning.com https://vpkcp.floridaearlylearning.com/ using personal means or with assistance available at an early learning coalition. The online application is available in English, Spanish and Haitian-Creole. Form OEL-VPK 01 (May 2016), is hereby incorporated by reference and a copy may be obtained as provided in Rule 6M-8.900, F.A.C. or at:_____________.

(a) Form OEL-VPK 01-SPEE (Single Point of Entry Student Application English), dated August 2014, is hereby incorporated by reference, https://www.flrules.org/Gateway/reference.asp?No=Ref-04798, https://www.flrules.org/Gateway/reference.asp?No=Ref-04798, and is available by following the instructions at the following web address: https://vpkcp.floridaearlylearning.com.

(b) Form OEL-VPK 01-SPES (Single Point of Entry Student Application Spanish), dated August 2014, is hereby incorporated by reference, https://www.flrules.org/Gateway/reference.asp?No=Ref-04799, https://www.flrules.org/Gateway/reference.asp?No=Ref-04799,and is available by following the instructions at the following web address: https://vpkcp.floridaearlylearning.com.

(c) Form OEL-VPK 01-SPEHC (Single Point of Entry Student Application Haitian-Creole), dated August 2014, is hereby incorporated by reference https://www.flrules.org/Gateway/reference.asp?No=Ref-04800, https://www.flrules.org/Gateway/reference.asp?No=Ref-04800 , and is available by following the instructions at the following web address: https://vpkcp.floridaearlylearning.com.

(2) Parent Guide and Right to Information. The Voluntary Prekindergarten Parent Guide, Form OEL-VPK 06 (September 2012), which is incorporated by reference, https://www.flrules.org/Gateway/reference.asp?No=Ref-04801 https://www.flrules.org/Gateway/reference.asp?No=Ref-01648, as incorporated in Rule 6M-8.2011, Florida Administrative Code (F.A.C.) is available by following the instructions at the following website address: https://vpkcp.floridaearlylearning.com/https://familyservices.floridaearlylearning.com.

(3) Parent Handbook. The Voluntary Prekindergarten Parent Handbook, Form OEL-VPK 07 (May 2016August 2014), is hereby incorporated by reference, [______________https://www.flrules.org/Gateway/reference.asp?No=Ref-04802, https://www.flrules.org/Gateway/reference.asp?No=Ref-04800, and is available by following the instructions at the following website address: https://familyservices.floridaearlylearning.com https://vpkcp.floridaearlylearning.com/.

(4) Determining eligibility. The early learning coalition will review information submitted through the Family Portal site to determine each child’s eligibility.

(a) Age eligibility. The early learning coalition shall determine if a child is eligible based on the age requirement in Section 1002.53, F.S. by accepting the following documents showing the child’s name and date of birth:

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

2. An original or certified copy of the child’s certificate of baptism or other religious record of the child’s birth, accompanied by an notarized 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 two 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 or a federal or state government issued identification card.

7. If no supporting documents listed in subparagraphs (1)(b)1.-6. above are available, a coalition may accept a parent’s notarized sworn affidavit of the child’s age accompanied by a letter on official letterhead certificate of age signed by a public health officer or physician stating that the child’s age shown in the affidavit is true and correct.

(b) Residential Eligibility. To be eligible for VPK, a child must reside in Florida while attending the VPK program. The early learning coalition shall keep a record of at least one of the following supporting documents that shows the name and residential address of a parent with whom the child resides:

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

2. Pay stub dated within 12 months of the date the child application is submitted;

3. Residential rental agreement or receipt from rental payment dated within 12 months of the date the child application is submitted;

4. Government-issued document (for example e.g., Florida driver’s license, Florida identification card, property tax assessment showing a homestead exemption); 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 in Florida when the child attends the VPK program;.

6. Federal government order showing that the child’s parent is a federal employee assigned to work in Florida when the child attends the VPK program;

7. A Florida Migrant Education Program Certificate of Eligibility (COE) Form from the Florida Department of Education;

8.6. If no supporting documents listed in subparagraphs (2)(b)1.-75. above are available, a coalition may accept an notarized affidavit sworn to or affirmed from by the child’s parent accompanied by a letter from a landlord, or property owner, or property leasee which confirms that the child resides at the address shown in the affidavit;.­ or

9.7. If no supporting documents listed in subparagraphs (2)(b)1.-86. above are available for a child or youth who is experiencing homelessness as defined in Section 1003.01(12), F.S., a coalition shall document residency based on other supporting documents showing that the child or youth who is experiencing homelessness and resides in Florida (For example e.g., letter from a homeless shelter, homeless referral, or ­notarized statement affidavit sworn to or affirmed from by the child’s parent).

(c) Eligibility for VPK Specialized Instructional Services. Eligibility for VPK Specialized Instructional Services (VPK SIS) in lieu of a traditional VPK education program, requires that the child must have a disability and a current individual educational plan (IEP) developed by the local school district. The coalition shall keep a record of the child’s IEP, and ensure that the VPK Specialized Instructional Services sought are consistent with the child’s IEP. Rule 6M-8.500, F.A.C., sets forth the requirements for participation in VPK Specialized Instructional Services.

(5) Early Learning Coalition Responsibilities.

(a) The early learning coalition will review documentation submitted via the Family Portal single point of entry, determine the eligibility of each child for VPK, and manage the eligibility process through the Family Portal single point of entry.

(b) When the early learning coalition has verified the eligibility of a child for VPK, and the provider has enrolled the child in their VPK program, a coalition must complete a child’s enrollment in the statewide information system by recording an association between the child and the child’s VPK provider.

(c) An early learning coalition shall coordinate with the Department of Children and Families to keep the current profiles of VPK providers in the coalition’s geographic region current on the VPK web portal of the Child Care Information System administered by the Department of Children and Family Services at found on the Internet website: https://cares.myflfamilies.com/PublicSearchhttp://dcfsanswrite.state.fl.us/childcare/provider.

(d) The early learning coalition shall assist all parents who present themselves or contact the early learning coalition with available information to help the parent make informed decisions., This information may be provided in person or through online resources and shall include including:

1. The Voluntary Prekindergarten Parent Guide.

2. The Voluntary Prekindergarten Parent Handbook.

3. Information about different VPK program types.

4. Assistance navigating pProfiles of VPK providers in the coalition’s geographic region through the Child Care Information System website. The early learning coalition shall keep the profiles of VPK providers its geographic region current and offer assistance in navigating the Department of Children and Families (DCF) website: http://dcfsanswrite.state.fl.us/Childcare/provider/ to locate the “VPK profile” link available on each provider’s reference page. The VPK profile includes an active link to the provider’s readiness rate, the start date, hours per day, days available, and separated by school year or summer program ‒ classroom hours and beginning and ending dates for each class, lead teacher credential, class instructor to student ratio, and name of curriculum selected.

(e) The early learning coalition shall make available the use of technology at the early learning coalition or contracted service provider to all parents who present themselves requesting assistance with completing the Voluntary Prekindergarten (VPK) Education Program Child Application (Form OEL-VPK 01) on the Family Portal.

(6) Enrollment. A VPK provider may only enroll a child in the VPK or VPK SIS program after the early learning coalition determines that the child is eligible for the program. A VPK provider shall collect from the child’s parent and complete the remainder of Form OEL-VPK 02, https://www.flrules.org/Gateway/reference.asp?No=Ref-04802, titled Child Eligibility Certificate of Eligibility (May 2016 October 2014) or Form OEL-VPK 04 (May 2016) [_________], in accordance with Rule 6M-8.210, F.A.C, titled Certificate of Eligibility for Reenrollment. Both forms are generated by the Family Portal after the early learning coalition determines the child is eligible. The VPK provider shall complete the remainder of the form and submit verification of the completed form Form OEL-VPK 02, https://www.flrules.org/Gateway/reference.asp?No=Ref-04802, to the early learning coalition to finalize the child’s enrollment with that VPK provider. Form OEL-VPK 02, https://www.flrules.org/Gateway/reference.asp?No=Ref-04802, is hereby incorporated by reference and may be obtained as described in Rule 6M-8.900, F.A.C. or at_____________.

(a) The VPK provider admitting the child must submit the child’s certificate of eligibility generated by the SPE system and the child’s assigned VPK class, or approved VPK SIS provider as applicable, to the coalition to enroll an eligible child.

(a)(b) For children enrolling into the VPK SIS program, an early learning coalition and VPK SIS providers will adhere to the Rule 6M-8.500, F.A.C.

(b)(c) A coalition must allow a VPK provider to enroll a child who resides in a Florida county other than the county where the provider’s VPK site is located. If the county listed on Form OEL-VPK 02 or Form OEL-VPK 04 is different than the county where services will be provided, the early learning coalitions shall coordinate to change the county of services on the child’s application in the Family Portal to the correct county (if the child has not yet attended VPK). After eligibility for the VPK program is determined by an early learning coalition, no further resubmission or reverification of age and residential eligibility documentation is required.

(c)(d) A VPK provider may only enroll a child with the coalition of the county where the provider’s VPK site is located, regardless of the county in which the child resides.

(d)(e) A coalition, upon receipt of completed Form OEL-VPK 02 or Form OEL-VPK 04, https://www.flrules.org/Gateway/reference.asp?No=Ref-04802, shall complete a child’s enrollment in the statewide information system by recording an association between the child and the child’s selected VPK provider.

(e) For parents requesting to reenroll his or her child in the VPK program, early learning coalitions shall adhere to the requirements in Rule 6M-8.210, F.A.C.

Rulemaking Authority 1001.213(2), 1002.75(2), 1002.79 FS. Law Implemented 1002.53(4), (5), 1002.75(2)(a), (b), 1002.82(2)(n) FS. History–New 1-19-06, Amended 5-24-07, Formerly 60BB-8.201, Amended 1-1-15,__________.

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Tara Huls, Bureau Chief, Voluntary Prekindergarten Education Program

NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Rodney MacKinnon, Executive Director

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: April 26, 2016

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: March 3, 2016