The purpose of the proposed rule is to amend the current rules to incorporate updated forms by reference in order to reduce administrative burdens on early learning coalitions and Voluntary Prekindergarten Education (VPK) Program providers.

DEPARTMENT OF MANAGEMENT SERVICES
Agency for Workforce Innovation

RULE NO: RULE TITLE
60BB-8.300: Provider and Class Registration Procedures; Application; Eligibility Determination
60BB-8.301: Statewide Provider Agreement for the VPK Program
PURPOSE AND EFFECT: The purpose of the proposed rule is to amend the current rules to incorporate updated forms by reference in order to reduce administrative burdens on early learning coalitions and Voluntary Prekindergarten Education (VPK) Program providers.
SUMMARY: The proposed amendments incorporate by reference the revised Form AWI-VPK 20 (Statewide Provider Agreement), form AWI-VPK 10 (Statewide Provider Registration Application), and form AWI-VPK 11 (Class Registration Application). The proposed amendments also incorporate recommendations made by the Florida Auditor General. These amendments include revisions made for the purpose of reducing paperwork, clarifying program requirements, and ensuring providers receive notification of eligibility to offer the VPK program prior to providing any VPK instruction.
SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS: No Statement of Estimated Regulatory Cost was prepared.
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.
SPECIFIC AUTHORITY: 1002.79(2) FS.
LAW IMPLEMENTED: 1002.55(3), (4), 1002.61(4), (8)(a), 1002.63(3)-(6), (9)(a), 1002.75 FS.
A HEARING WILL BE HELD AT THE DATE, TIME AND PLACE SHOWN BELOW:
DATE AND TIME: Friday, June 4, 2010, 2:30 p.m. – 4:00 p.m.
PLACE: Agency for Workforce Innovation, 107 E. Madison St., Tallahassee, Florida 32399-4128 and via WebEx which may be accessed at http://www.floridajobs.org/earlylearning/oel_state_fed.html#proposedrules
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: Audrey Gaten at [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: Kristin R. Harden, Assistant General Counsel, Agency for Workforce Innovation, Office of General Counsel, 107 East Madison Street, MSC #110, Tallahassee, Florida 32399-4128, [phone]

THE FULL TEXT OF THE PROPOSED RULE IS:

60BB-8.300 Provider and Class Registration Procedures; Application; Eligibility Determination.

(1) Statewide Provider Registration Application; Supporting Documents.

(a) A VPK provider registering for the VPK Program on or after September 30, 2010 must annually complete and sign Form AWI-VPK 10 (Statewide Provider Registration Application), dated April 30, 2010 February 14, 2007, which is hereby incorporated by reference, with instructions, and may be obtained as described in Rule 60BB-8.900, F.A.C.

(b) Before delivering instruction or receiving payment for the VPK Program, a VPK provider must submit a complete and signed Form AWI-VPK 10, including supporting documents, to the early learning coalition in the county of the VPK provider’s site. If a VPK provider has more than one VPK site, the provider must submit a separate Form AWI-VPK 10 for each site.

(c) Once a VPK provider is determined eligible for the VPK program, the provider is not required to resubmit Form AWI-VPK 10 for a subsequent program year unless the submitted information on the prior year’s application changes. If submitted information changes, a the VPK provider must submit written notice of the changes in a form prescribed by the early learning coalition, an updated Form AWI-VPK 10 to the coalition within 14 calendar days after the submitted information changes.

(2) Class registration application; supporting documentation.

(a) A VPK private provider or public school must annually complete and sign Form AWI-VPK 11 (Class Registration Application), dated April 30, 2010 February 14, 2007, which is hereby incorporated by reference, with instructions, and may be obtained as described in Rule 60BB-8.900, F.A.C.

(b) Before delivering instruction or receiving payment for the VPK Program, a VPK provider must submit a complete and signed Form AWI-VPK 11, including supporting documents, to the coalition. If a VPK provider has more than one VPK class, the provider must submit a separate Form AWI-VPK 11 with supporting documents for each class.

(c) If submitted information changes, a VPK provider must submit written notice of the changes in a form prescribed by the early learning coalition, an updated class application to the coalition within 14 calendar days after the changes.

(3) Eligibility determination. A coalition shall determine the eligibility of a private provider or public school registering for the VPK program in accordance with Sections 1002.55, 1002.61, and 1002.63, F.S., based on the submitted documents. A VPK provider shall not deliver VPK instruction until the private provider receives official notification of its eligibility.

Rulemaking Specific Authority 1002.79(2) FS. Law Implemented 1002.55(3), (4), 1002.61(3), (4), (8)(7)(a), 1002.63(3), (4), (5), (6), (9)(8)(a), 1002.75(2)(c), (d) FS. History–New 1-19-06, Amended 5-24-07,________.

 

60BB-8.301 Statewide Provider Agreement for the VPK Program.

(1) An early learning coalition may not pay a VPK provider which registers to offer for the VPK program on or after September 30, 2010, except under a provider agreement with the coalition. A coalition must be a party to a provider agreement, even if a qualified contractor signs on behalf of the coalition. A school district may sign a single provider agreement on behalf of all public school VPK providers a public school in the district, at the discretion of the coalition. The owner of multiple private VPK providers may sign a single provider agreement on behalf of all of his or her private VPK providers, at the discretion of the coalition. A VPK provider may not offer VPK services or instruction until the VPK provider receives notice of its eligibility to offer the VPK program. The coalition shall notify a VPK provider of its eligibility to offer the VPK program by sending a copy of a provider agreement which has been signed by the VPK provider and its early learning coalition.

(2) A coalition shall keep a fully executed signed copy of a provider agreement in the coalition’s records on the VPK provider.

(3) A provider agreement shall contain identical terms and conditions as Form AWI-VPK 20 (Statewide Provider Agreement), dated April 30, 2010 February 14, 2007, which is hereby incorporated by reference and may be obtained as described in Rule 60BB-8.900, F.A.C. A provider agreement may not omit, supplement, include attachments, addenda or exhibits, or amend the terms and conditions of Form AWI-VPK 20, unless:

(a) The coalition submits the agreement to the Office of Early Learning of the Agency for Workforce Innovation in writing, dated, and signed by the coalition and the VPK provider; and

(b) The Deputy Director for Early Learning approves the agreement before a coalition and a VPK provider execute the agreement.

(4) Early learning coalitions may not execute a provider agreement with a VPK provider before the VPK provider has registered on forms prescribed by the Agency for Workforce Innovation and the coalition has determined the VPK provider’s eligibility to offer VPK services in accordance with Rule 60BB-8.300, F.A.C.

Rulemaking Specific Authority 1002.79(2) FS. Law Implemented 1002.55(3)(h)(g), 1002.61(8)(7)(a), 1002.63(9)(8)(a), 1002.75 FS. History–New 8-17-06, Amended 5-24-07,________.

NAME OF PERSON ORIGINATING PROPOSED RULE: Kristin R. Harden
NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Cynthia R. Lorenzo
DATE PROPOSED RULE APPROVED BY AGENCY HEAD: May 4, 2010
DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAW: December 11, 2009