VPK Child Registration Pilot Project, Documenting and Certifying Child Attendance in the VPK Program, VPK Class Schedules, VPK Forms, Qualified Contractors

DEPARTMENT OF MANAGEMENT SERVICES
Agency for Workforce Innovation

RULE NO: RULE TITLE
60BB-8.2015: VPK Child Registration Pilot Project
60BB-8.305: Documenting and Certifying Child Attendance in the VPK Program
60BB-8.451: VPK Class Schedules
60BB-8.900: VPK Forms
60BB-8.901: Qualified Contractors

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. 32 No. 38, September 22, 2006 issue of the Florida Administrative Weekly.

60BB-8.2015 VPK Child Registration Pilot Project.

(1) Pilot Project. There is created a VPK child registration pilot project for the 2006-2007 and 2007-2008 and 2008-2009 program years in Baker, Bradford, Clay, Collier, Gadsden, Glades, Hendry, Jefferson, Lee, Leon, Liberty, Madison, Marion, Nassau, Okaloosa, Orange, Osceola, Wakulla, Walton, St. Lucie, and Taylor counties.

(2) Initial eEligibility. A private VPK provider must meet the following requirements for initial eligibility to participate in the pilot project and must continue to meet the requirements to maintain its eligibility:

(a) The private provider must apply to participate in the pilot project on forms adopted by the early learning coalition. The following information must be included on the form: The forms must be submitted to the coalition and include the names of the private provider, the address and telephone number of the provider’s VPK site, the name of the provider’s prekindergarten director or designee, the date that the director or designee attends the training session required under paragraph (c)., and other Additional information demonstrating that the provider is eligible under this rule to participate in the pilot project may be required by the coalition.

(b)1. The private provider must have delivered instruction in the VPK program for at least two program years. To be eligible for the pilot project for the 2006-2007 program year, the private provider must deliver instruction for the VPK program in the 2005-2006 program year.

2. To be eligible for the pilot project for the 2007-2008 program year, the private provider must deliver instruction for the VPK program in the 2005-2006 and 2006-2007 program years.

 (c) The private provider’s prekindergarten director or designee must attend a training session conducted by the coalition which instructs the provider on procedures for registering a child in the VPK program, accepting a child application and supporting documents documentation on behalf of the coalition, and conducting a parent‑orientation session or exhibiting a parent-orientation video.

(3) Continuing eligibility. A private provider must also meet the following requirements for initial eligibility and continue to meet the requirements to participate in the pilot project.

(d)(a) The private provider must comply with this rule.

(e)(b) The private provider’s VPK site must be located in one of the pilot counties listed in subsection (1).

(f)(c) The private provider, while participating in the pilot project, must annually sign and submit to the coalition Form AWI‑VPK 21 (Addendum to Statewide Provider Agreement), dated February 14, 2007, which is hereby incorporated by reference in and may be obtained as described in Rule 60BB‑8.900, F.A.C.

(g)(d) The private provider must record daily child attendance using a paper sign-in or sign-out log or electronic attendance‑tracking system described in paragraph 60BB‑8.305(2)(a), F.A.C.

(h)(e) The private provider must submit accurate and timely monthly attendance rosters for the VPK program in accordance with subsection 60BB-8.305(3), F.A.C. If a private provider is a school readiness provider, the provider must also submit accurate and timely monthly attendance rosters for the school readiness program and if the provider is a school readiness provider, for the school readiness program. A private provider is not eligible for the pilot project if, the coalition determines that during previous 24 months, the provider:

1. Submitted submits two or more consecutive, or a combined total of four or more, monthly attendance rosters 10 or more calendar days after the required submission date;

2. Submitted submits two or more consecutive, or a combined total of four or more, monthly attendance rosters containing inaccurate reporting of a child’s attendance;

3. Failed fails to repay an overpayment by the required repayment date after the coalition discovered discovers the overpayment and requested requests repayment from the private provider;

4. Submitted submits a monthly attendance roster resulting for payment which results in an overpayment that exceeds exceeded 20 percent of the payment for a calendar month due to the provider’s inaccurate reporting of a child’s attendance; or

5. Submitted submits a monthly attendance roster containing for payment which contains fraudulent or other intentional misreporting of a child’s attendance.

(i)(f) If a A private provider is licensed by the Department of Children and Family Services or a local licensing agency under Sections 402.301-402.319, F.S. the provider is not eligible for the pilot project if the provider’s license status, as recorded in the department’s Child Care Information System, is “Revocation Action Pending,” “Suspension Action Pending/Suspended,” or “Closed.”

(3)(4) Child Registration Procedures. A coalition shall allow a private provider eligible for the pilot project, on behalf of the coalition, to register a child for the VPK program on behalf of the coalition. A private provider may only register a child under this rule who whom the provider admits in one of its the provider’s VPK classes and A private provider registering a child under this rule must comply with the following registration procedures:

(a) Notwithstanding subsection 60BB-8.201(1), F.A.C., a parent registering his or her child for the VPK program under this rule must complete, sign, and submit to the private provider Form AWI‑VPK 01P (Child Application and Provider Admission), dated February 14, 2007, which is hereby incorporated by reference and may be obtained as described in Rule 60BB-8.900, F.A.C. instead of Form AWI-VPK 01 or the online child application. A parent must submit Form AWI-VPK 01P to the private provider with the supporting documentation documents of the child’s age and residential address required under Rule 60BB‑8.200, F.A.C.

(b) Notwithstanding paragraph 60BB-8.201(3)(a), F.A.C., instead of the coalition conducting a face-to-face parent-orientation session, a private provider participating in the pilot project shall conduct the parent-orientation session or exhibit the parent-orientation video in accordance with subsection 60BB‑8.201(3), F.A.C. on behalf of the coalition for a parent registering his or her child for the VPK program. under paragraph (a). A private provider must conduct a parent orientation session in accordance with the procedures in subsection 60BB-8.201(3), F.A.C.

(c) A private provider shall review a child’s Form AWI-VPK 01P and supporting documentation and, within 5 working days after a child’s parent registers the child, shall submit to the coalition or return to the parent, the child’s Form AWI-VPK 01P and supporting documentation Within 5 working days after a child’s parent registers the child with a private provider, the provider shall review the child’s Form AWI‑VPK 01P and supporting documents, as follows:

1. The private provider shall submit a child’s Form AWI‑VPK 01P and supporting documents documentation to the coalition if the provider’s review confirms that the child’s Form AWI –VPK 01P is complete, signed, and submitted with the required supporting documents documentation; the provider predetermines that the child appears to be eligible for the VPK program; and the provider admits the child in one of the provider’s VPK classes.

2. The private provider shall return a child’s Form AWI‑VPK 01P and supporting documents documentation to the child’s parent for correction and resubmission to the provider if the provider’s review finds that the child’s if the child’s Form AWI‑VPK 01P is not complete, not signed, or not submitted with the required supporting documents documentation.

3. If the private provider predetermines that a child does not appear to be eligible, the provider shall return the child’s Form AWI‑VPK 01P and supporting documents documentation to the child’s parent and, on the blank spaces included on Form AWI‑VPK 01P, notify the parent of the reasons that the child does not appear to be eligible and that the provider’s predetermination is not the coalition’s official determination of the child’s eligibility. The parent may then apply directly with the coalition.

(d) A coalition shall Iin accordance with Rule 60BB-8.202, F.A.C., a coalition shall determine the eligibility of a child registering for the VPK program under this rule. Notwithstanding paragraph 60BB‑8.202(1)(c), F.A.C., a coalition is not required to issue a certificate of eligibility for a child registering under this rule.

(e) If a coalition determines that a child is not eligible for the VPK program, the coalition shall inform the private provider and the child’s parent in writing why the child is not eligible and return the child’s Form AWI-VPK 01P and supporting documentation to the parent.

 (4)(5) Payment for Pilot Project Prohibited. A In accordance with subsection 60BB-8.901(3) F.A.C., a coalition, qualified contractor, or subcontractor may not pay or otherwise compensate a private provider for participating in the pilot project, registering a child in the VPK program under this rule, accepting a child application or supporting documents on behalf of the coalition, or conducting a parent-orientation session, or exhibiting a parent-orientation video.

(5)(6) School District or public school. Notwithstanding Rules 60BB-8.201 and 60BB-8.202, F.A.C., a school district or public school, if allowed under a contract with the coalition, may use the child registration procedures in subsection (3)(4) to register a child for the district’s or school’s VPK programs in the district’s or schools public schools, regardless of whether the district or school is located in one of the pilot counties a pilot county listed in subsection (1) or meets the eligibility requirements listed in subsections (2) and (3).

Specific Authority 1002.79(2) FS. Law Implemented 1002.53(2), (4), (5), 1002.75(2)(a), (b) FS. History–New_________.

 

60BB-8.305 Recording and Certifying Child Attendance in the VPK Program.

(1) Record Daily documentation of child attendance

(a) A VPK private provider or public school in the VPK program in the VPK program shall keep a daily record of a child’s attendance in the program documentation, recorded daily, or the attendance of a child enrolled in the program with the provider or school.

(b) If a VPK provider or public school in the VPK program is also a school readiness provider, the provider or school may jointly record a child’s daily attendance for the VPK program with the child’s attendance for the school readiness program. which is documented in accordance with Rule 60BB-4.502 F.A.C.

(2) Monthly Verification of Child Attendance. A VPK private provider or public school in the VPK program shall require the parent of a child enrolled in its VPK the program with the provider or school to verify monthly the child’s attendance for the prior month, as follows:

(a) A child’s parent must verify the child’s attendance on Form AWI-VPK 03S (Child Attendance and Parental Choice Certificate Short Form), dated February 14, 2007, which is hereby incorporated by reference and may be obtained as described in Rule 60BB‑8.900, F.A.C. incorporated by reference in rule 60BB-8.900, F.A.C., if the VPK private provider or public school records the child’s daily attendance using one of the following methods:

1. A paper sign-in or sign-out log that records the date, child’s name, and signature of the parent or other person dropping off or picking up the child to, or from, the VPK site; or

2. An electronic attendance-tracking system that records the date, child’s name, and electronic signature, card swipe, entry of a personal identification number, or similar daily action taken by the parent or other person dropping off or picking up the child to, or from, the VPK site.

(b) A child’s parent must verify the child’s monthly attendance on Form AWI‑VPK 03L (Child Attendance and Parental Choice Certificate Long Form), dated February 14, 2007, which is hereby incorporated by reference and may be obtained as described in Rule 60BB‑8.900, F.A.C., incorporated by reference in Rule 60BB‑8.900, F.A.C. if the VPK private provider or public school records the child’s daily attendance using a method (e.g. instructor records daily attendance using a roll book) other than the methods described in paragraph (a) (e.g. instructor records daily attendance using a roll book). Before a parent signs Form AWI-VPK 03L, the private VPK provider or public school must record the child’s monthly attendance on the form or attach documentation to the form which shows the child’s monthly attendance.

(3) Monthly certification of child attendance for payment.

(a) An early learning coalition shall give a VPK private provider or public school a monthly roster, prepared by using the statewide information system, that lists each child enrolled in the provider’s or school’s VPK program., and A coalition shall prepare a monthly roster using the statewide information system. A monthly roster shall includes blank spaces for a private provider or public school to certify a child’s attendance for the calendar month.

(b) A VPK private provider or public school must certify the monthly attendance of a child enrolled in the provider’s or school’s VPK program. A VPK provider may certify monthly attendance by electronic means approved by the Deputy Director for Early Learning. Before a coalition may pay a private provider or public school for a month, the provider or school must certify the attendance of each enrolled child from the most recently complete calendar month by completing a monthly roster and submitting the completed roster to the coalition.

(c) After payment for the first calendar month that a VPK provider participates in the VPK program, the coalition may not pay the VPK provider for a subsequent month until the provider submits a monthly attendance roster to the coalition which certifies the attendance of each enrolled child from the prior month.

(d) The coalition may not pay the VPK provider the final payment for the program year until the provider submits a final verification of the annual cumulative attendance of each child enrolled in the provider's VPK program, which certifies the paid hours of attendance of each child enrolled for the program year, in a manner prescribed by the Deputy Director of Early Learning.

(e)(c) If a child arrives at a private VPK provider’s or public school’s VPK site but the provider or school refuses the child’s attendance (e.g., for disciplinary reasons, including tardiness or prohibited attire), for disciplinary or other reasons (e.g. due to tardiness or prohibited attire), the provider or school must record the instructional day as an absence.

Specific Authority 1002.79(2) FS. Law Implemented 1002.71(5)(b), (6)(b), (d), 1002.75(2)(f), (g), (h) FS. History–New_______.

 

60BB-8.451 VPK Class Schedules.

An early learning coalition may not pay a private VPK provider or public school for a VPK class unless the class schedule complies with the following:

(1) School-Year Program.

(a) Except as provided in paragraph (b), a school-year program may not begin instruction more than 14 days before Labor Day before August 1.

(b) If the uniform date fixed by a district school board under paragraph 1001.42(4)(f), F.S., for the opening of public schools for regular school programs occurs in a county more than 14 days before Labor Day before August 1, a school-year program in the county may not begin instruction before the uniform date.

(c) A school-year program must complete instruction by June 30

(2) Summer Program. A summer program may not begin instruction before May 1 and must complete instruction before the uniform date fixed by the district school board under paragraph 1001.42(4)(f), F.S., for the opening of public schools for regular school programs in the county.

Specific Authority 1002.79(2) FS. Law Implemented 1002.53(1), (3), 1002.55(2), 1002.61(2), 1002.63(2), 1002.75(2)(c), (d), (f) FS. History–New_______.

 

60BB-8.900 Obtaining VPK Forms.

(1) The forms incorporated by reference in this rule may be obtained from the Office of Early Learning of the Agency for Workforce Innovation at the following address: Caldwell Building, 107 East Madison Street, MSC 140, Tallahassee, Florida 32399‑4128, [phone], TTY/Florida Relay 711, and at the following website: http://www.floridajobs. org/earlylearning.

(2) The following forms are hereby incorporated by reference:

(a) Form AWI-VPK 01 (Child Application) with instructions, dated January 17, 2006.

(b) Form AWI-VPK 01P (Child Application and Provider Admission) with instructions, dated September 13, 2006.

(c) Form AWI-VPK 02 (Child Eligibility and Enrollment Certificate), dated September 13, 2006.

(d) Form AWI-VPK 03L (Student Attendance and Parental Choice Certificate Long Form), dated September 21, 2005.

(e) Form AWI-VPK 03S (Student Attendance and Parental Choice Certificate Short Form), dated September 21, 2005.

(f) Form AWI-VPK 06 (Voluntary Prekindergarten Parent Handbook), dated August 15, 2006.

(g) Form AWI-VPK 10 (Statewide Provider Registration Application) with instructions, dated January 17, 2006.

(h) Form AWI-VPK 11 (Class Registration Application) with instructions, dated January 17, 2006.

(i) Form AWI-VPK 20 (Statewide Provider Agreement), dated, June 9, 2006.

(j) Form AWI-VPK 21 (Addendum to Statewide Provider Agreement), dated September 13, 2006.

(k) Form AWI-RR 63 (A Family Guide for Selecting Quality Early Learning Programs), dated September 13 2006.

(l) Form AWI-RR 64 (A Quality Checklist for Evaluating Early Learning Programs), dated September 13, 2006.

The forms incorporated by reference in this chapter may be obtained from the Office of Early Learning of the Agency for Workforce Innovation at the following address: Caldwell Building, Suite 100, 107 East Madison Street, MSC 140, Tallahassee, Florida 32399‑4128, [phone], TTY/Florida Relay 711, and at the Internet website: http://www.flready.com.

Specific Authority 1002.79(2) FS. Law Implemented 1002.53(4), 1002.55(3)(g), 1002.61(7)(a), 1002.63(8)(a), 1002.71(5)(b), (6)(a), (b), 1002.75(2) FS. History–New________.

 

60BB-8.901 Qualified Contractors. (Withdrawn)

(1) An early learning coalition may contract with a qualified entity to perform the coalition’s duties under this chapter. A coalition is ultimately responsible for its duties when they are performed by a qualified contractor.

(2)(a) A coalition may not contract, and a qualified contractor may not subcontract, with a private entity that derives more than 5 percent of its income from providing child care as defined in Section 402.302, F.S., for the performance of the following duties:

1. Registering a child for the VPK program, accepting a child application or supporting documentation on behalf of a coalition, or conducting a parent-orientation session, except as provided in Rule 60BB-8.2015, F.A.C., for the VPK child registration pilot project;

3. Accepting a provider application, class application, or supporting documentation on behalf of a coalition, or determining the eligibility of a private provider or public school for the VPK program.2. Determining the eligibility of a child for the VPK program, issuing a certificate of eligibility for a child, or enrolling a child in the statewide information system; or

(b) This subsection does not apply to a contract between a coalition and a school district or public school.

(3) A coalition, qualified contractor, or subcontractor may not pay or otherwise compensate a public or private entity for registering a child for the VPK program, accepting a child application or supporting documentation from the child’s parent on behalf of the coalition, or conducting a parent-orientation session for the child’s parent, if the child is registering for the entity’s VPK program.

Specific Authority 411.01(4)(e), 1002.79(2) FS. Law Implemented 411.01(5)(d)4.g., 10., 1002.53(4), (5), 1002.55(3)(g), 1002.61(7)(a), 1002.63(8)(a), 1002.71(5)(b), (6)(b), (d), 1002.75(2) FS. History– New _________.