This rule amendment will remove reference to obsolete forms.

DEPARTMENT OF CHILDREN AND FAMILY SERVICES
Economic Self-Sufficiency Program

RULE NO: RULE TITLE
65A-4.2131: Learnfare Requirements
PURPOSE AND EFFECT: This rule amendment will remove reference to obsolete forms.
SUMMARY: The proposed rule amendment removes reference to obsolete forms as the Learnfare information has been incorporated into the Rights and Responsibilities Form.
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: 414.45 FS.
LAW IMPLEMENTED: 414.1251 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:
DATE AND TIME: June 13, 2007, 1:30 p.m.
PLACE: 1317 Winewood Boulevard, Building 3, Room 455, Tallahassee, Florida 32399-0700
THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Eileen Schilling, Program Administrator, Food Stamps/TCA Policy, 1317 Winewood Boulevard, Building 3, Room 414, Tallahassee, Florida 32399-0700, Telephone [phone]

THE FULL TEXT OF THE PROPOSED RULE IS:

65A-4.2131 Learnfare Requirements.

(1) Learnfare Requirements. Temporary cash assistance (TCA) will be reduced when a participant’s dependent school-age child(ren) is determined to be a habitual truant or school dropout or the parent or caretaker relative whose needs are included in the TCA assistance group fails to attend a school conference each semester. Notification of the Learnfare Program requirements and the right to request a fair hearing if they disagree with a department decision will be provided upon TCA application using the CF-ES 2064, Your Rights and Responsibilities, Oct 05 CF-ES 2606, Notice of Learnfare Requirements, DEC 01, incorporated by reference. The applicant must sign the CF-ES 2606 and a copy is to be retained in the case file.

(2) through (4) No change.

(5) School Conference. A parent or caretaker relative with a child subject to school attendance requirements must have a conference with an appropriate school official during each semester. The parent’s or caretaker relative's statement of completion of the school conference must be obtained at a regularly scheduled redetermination. Verification of participation in a school conference each semester must be provided by participants using the form, CF-ES 2098, Learnfare School Conference Verification, DEC 01, incorporated by reference, or other written documentation from a school district official or by department staff’s direct contact with a school official. If a redetermination is due during the summer when school is not in session, the conference verification from the previous semester will be sufficient documentation of compliance.

(6) No change.

(7) Good Cause. Learnfare good cause reasons, penalty criteria, and right to request a fair hearing are contained in the CF-ES 2606, Notice of Learnfare Requirements provided to participants at TCA application. Participants are also notified at TCA application of their right to request a fair hearing using the CF-ES 2064, Your Rights and Responsibilities, Sept 00, incorporated in Administrative Rule 65A-1.204, F.A.C., if they disagree with a department decision. At the time of re-determination for TCA eligibility, a participant is required to provide the Public Assistance Specialist (PAS) with verification of school conference compliance as specified in subsection (5). The PAS will inform participants that failure to provide verification within 10 days will result in Learnfare penalties being imposed. Upon notification by the local school district that a participant's dependent child is a habitual truant or dropout, or a parent or caretaker relative fails to attend a school conference, the department must determine if good cause exists in accordance with Section 414.1251(1), F.S. If good cause does not exist, the department will advise the participant and impose Learnfare penalties in accordance with Section 414.1251(1) and (2), F.S.

(8) No change.

(9) Copies of the CF-ES 2064 CF-ES 2606 and CF-ES 2098, may be obtained from the Department of Children and Family Services, ACCESS Florida Economic Self-Sufficiency Services, 1317 Winewood Boulevard, Tallahassee, Florida 31399-0700.

Specific Authority 414.45 FS. Law Implemented 414.1251 FS. History–New 6-2-02, Amended_________..

NAME OF PERSON ORIGINATING PROPOSED RULE: Lonna Cichon
NAME OF SUPERVISOR OR PERSON WHO APPROVED THE PROPOSED RULE: Nathan Lewis, Chief, Program Policy, ACCESS Florida
DATE PROPOSED RULE APPROVED BY AGENCY HEAD: April 23, 2007
DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAW: February 16, 2007