The purpose of the proposed rule is to create a uniform process by which early learning coalitions determine families eligible for the school readiness program. This will create a standardized process for eligibility determination in the school ...

 

DEPARTMENT OF EDUCATION

Florida's Office of Early Learning

RULE NO.:RULE TITLE:

6M-4.200General Eligibility Provisions

PURPOSE AND EFFECT: The purpose of the proposed rule is to create a uniform process by which early learning coalitions determine families eligible for the school readiness program. This will create a standardized process for eligibility determination in the school readiness program.

SUMMARY: The proposed Rule 6M-4.200, F.A.C., is a revised rule which addresses the general eligibility criteria for the school readiness program.

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: Regarding Rule 6M-4.200, F.A.C., a SERC is not required because the Office has conducted an analysis of the proposed rule’s economic impact and determined that it did not exceed any of the criteria established in paragraph 120.541(2)(a), F.S.

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) FS.

LAW IMPLEMENTED: 1002.81(1), (8), (16), 1002.82(2)(f), 1002.87(1), (5), (6) FS.

IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE SCHEDULED AND ANNOUNCED IN THE FAR.

THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Noelle Bee, School Readiness Program & Policy Director, 250 Marriott Drive, Tallahassee, FL 32399, [phone], or email [e-mail]

THE FULL TEXT OF THE PROPOSED RULE IS:

 

(Substantial rewording of Rule 6M-4.200 follows. See Florida Administrative Code for present text.)

 

6M-4.200 School Readiness General Eligibility Provisions.

(1) Definitions.

(a) “Payment certificate ” means the document issued by the Early Learning Coalition authorizing School Readiness payment for a specific child to a specified child care provider for a defined period.

(b) “In loco parentis” means a responsible adult with whom the child lives, who is responsible for the day-to-day care and custody of the child when the child’s parent by blood, marriage, adoption or court order is not performing such duties.

(c) “Parent” means a person who has legal custody of a minor as a:

1. Natural or adoptive parent;

2. Legal guardian;

3. Person who stands in loco parentis to the minor; or

4. Person who has legal custody of the minor by order of a court.

(2) Referral Based Eligibility Categories. In order for a child to be eligible to receive School Readiness services in, the following categories, pursuant to Section 1002.87(1)(a)-(i), F.S., a referral must be issued from the appropriate agency.

(a) At-Risk, Protective Services and Relative Caregiver Program. Eligibility is based on a documented referral from the Florida Department of Children and Families (DCF) or its contracted providers, DCF-designated Lead Homeless Coalition Continuum of Care agency or Certified Domestic Violence Center.

1. Referrals for at-risk and protective services categories  shall be valid up to six (6) months as determined by the referring entitiy.

2. A child may continue to maintain eligibility under the at-risk or protective services categories if there is a current and valid referral from the referring entity.

3. A child may continue to maintain eligibility under the relative caregiver program category if, upon closure of the protective services case, the guardian is in  receipt of Relative Caregiver Assistance payments from the Florida Department of Children and Families.

(b) Welfare Transition Program. Eligibility under this category is determined through documented referrals issued by DCF or the local workforce referral agency.

1. Temporary cash assistance clients must also maintain compliance with statutory welfare transition program requirements by DCF or the local workforce referral agency.

2. Transitional Child Care/Non-Temporary Cash Assistance clients must also maintain compliance with statutory welfare transition program requirements by DCF or the local workforce referral agency.

(3) Income Based Eligibility Categories.

(a) Initial Eligibility Determination.

1. The family’s income, as defined in Section 1002.81(8), F.S., must be at or below 150 percent of the federal poverty level.

2. The family must also meet the definition of  “Working Family” as defined by Section 1002.81(16), F.S.

(b) Maintaining Eligibility at Redetermination.

1. Age of the child. A child shall remain eligible until he or she reaches established age limits as set forth in Section 1002.87(1), F.S.

2. Family Income. The family’s income must remain at or below 200 percent of the Federal Poverty Level (FPL) as the upper level of the program subsidy support.

3. Working Family. The family’s work or educational activity must continue to meet the definition of “Working Family.”

(c) Maintaining Eligibility  During an Interruption in Employment Activities or Educational Activities.

1. A family shall maintain eligibility for school readiness services during an interruption in employment activity, with an option to return to that employment, including such circumstances as the parent’s seasonal employment, school system-related employment or Family Medical Leave Act. The child shall not be placed on the waiting list and services will be considered suspended, and not reimbursed, until employment resumes. Care may be re-established upon resumption of employment and reevaluation of the remaining eligibility factors.

2. A family shall maintain eligibility for school readiness services during an interruption in the parent’s educational activity with an intent to return to education at the next available full semester. The child shall not be placed on the waiting list and services will be considered suspended, and not reimbursed, until the parent’s education enrollment resumes. Care may be re-established upon resumption of education and reevaluation of the remaining eligibility factors.

(d) Change of Circumstances. The early learning coalition shall notify the parents of their responsibility and the method to notify the early learning coalition within 10 calendar days of any change of circumstances that would affect eligibility.

(4) Payment Certificate. Upon determination of eligibility, a parent shall be given a payment certificate to submit to an eligible child care provider to enroll the child in its school readiness program.

Rulemaking Authority 1001.213(2), 411.01(4)(e) FS. Law Implemented 1002.81(1),(8),(16), 1002.82(2)(f),; 1002.87(1),(5),(6) , 411.01(5)(d), (6) FS. History–New 4-21-03, Formerly 60BB-4.200, Amended__________.

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Noelle Bee, School Readiness Program & Policy Director

NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Shan Goff, Executive Director

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: May 23, 2014

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: April 23, 2014