Eligibility for Children in Families Receiving Unemployment Compensation

DEPARTMENT OF MANAGEMENT SERVICES
Agency for Workforce Innovation

RULE NO: RULE TITLE
60BBER09-2: Eligibility for Children in Families Receiving Unemployment Compensation
SPECIFIC REASONS FOR FINDING AN IMMEDIATE DANGER TO THE PUBLIC HEALTH, SAFETY OR WELFARE: The school readiness program was established in Florida to provide child care and educational services to children of low income families in order to “increase children’s chances of achieving future educational success and becoming productive members of society.” Section 411.01(2)(a), Florida Statutes (2008). The Agency for Workforce Innovation is charged with administering the school readiness program and has previously adopted eligibility criteria for students and their families.
At this time, eligibility to receive school readiness program services is generally restricted through rule to children whose parents are employed or enrolled in classes; who are at risk of abuse or neglect, welfare dependency, or school failure; who have a documented special need; or whose parents are migratory agricultural workers. Children of unemployment compensation recipients are ineligible to receive assistance.
The rate of unemployment in the State of Florida has risen dramatically since January 2007. Between January and May 2007, 245,653 individuals filed claims for unemployment benefits. During the same period in 2008, 346,202 individuals filed claims, representing an increase of 41%. Accordingly, hundreds of thousands of individuals are unable to access school readiness services.
To address the current economic crisis, the federal government passed the American Recovery and Reinvestment Act (the Act) and provided additional funding for the school readiness program which must be expended in accordance with the purposes described in the Act. Two of the enumerated purposes are “to preserve and create jobs and promote economic recovery” and “to assist those most impacted by the recession.”
The Act also clearly indicates that recipients of the funding must commence “expenditures and activities as quickly as possible.” Furthermore, each provision for the expenditure of funds was designated by the United States Congress “as an emergency requirement and necessary to meet emergency needs.” Recent guidance from the United States Department of Health and Human Services, Administration for Children and Families, confirmed that the Agency has the authority under federal law to offer school readiness services to the children of families receiving Unemployment Compensation benefits.
In order to ensure that parents have the ability to proactively seek employment opportunities and to reduce reliance on unemployment compensation benefits in Florida, the Agency seeks to immediately expand the current eligibility categories to include families receiving unemployment compensation benefits.
Access to school readiness program services would allow parents to enroll children in safe and healthy learning environments while they seek employment opportunities thereby assisting families dramatically impacted by the current recession. In order to facilitate a reduction of reliance on unemployment compensation benefits and to promote economic recovery the Agency seeks to ensure that Florida is cultivating a generation of children who are ready to learn and eventually become productive members of society. Finally, the directive of the federal government mandates that funds be expended a quickly as possible.
Accordingly, it is necessary that this emergency rule be implemented immediately, without the delay attendant with the regular rulemaking process. The Agency will immediately begin the regular rulemaking process for adopting this rule under Chapter 60BB-4, F.A.C.
REASON FOR CONCLUDING THAT THE PROCEDURE IS FAIR UNDER THE CIRCUMSTANCES: The eligibility determination process provides the most efficient means of providing school readiness program services to individuals entitled to them under the emergency rule. All procedural remedies available to recipients of school readiness program services will be available to recipients of benefits under the emergency rule under state and federal law. Thus, recipients of school readiness services under this category of eligibility will receive all the due process protections that other recipients receive.
SUMMARY: All procedural remedies available to recipients of school readiness program services will be available to recipients of benefits under the emergency rule under state and federal law. Thus, recipients of school readiness services under this category of eligibility will receive all the due process protections that other recipients receive.
THE PERSON TO BE CONTACTED REGARDING THE EMERGENCY RULE IS: Kristin R. Harden, Assistant General Counsel, Agency for Workforce Innovation, Caldwell Building MSC 110, 107 S. Madison Street, Tallahassee, Florida 32399-4120

THE FULL TEXT OF THE EMERGENCY RULE IS:

60BBER09-2 Eligibility for Children in Families Receiving Unemployment Compensation.

(1) School readiness services provided under this section shall be funded using American Recovery and Reinvestment Act (ARRA) funds received by early learning coalitions.

(2) Initial eligibility. Families currently receiving Florida unemployment compensation (UC) benefits shall be determined eligible for an initial period of thirty (30) days under this eligibility category if family income, as defined in rule, is at or below 150 percent of the federal poverty level. A child shall be eligible for a maximum of six cumulative months of services under this eligibility category. If a child is eligible to receive school readiness services under any other eligibility category, the coalition shall offer the child services under the alternative eligibility category.

(3) Determining eligibility. To determine a child’s eligibility to receive services under this eligibility category, the child’s parent must present a copy of his or her notice of monetary eligibility issued by the Agency for Workforce Innovation in accordance with subsection 60BB-3.016(3), F.A.C., and a current bank statement, warrant, or check demonstrating receipt of UC benefits.

(4) Maintaining eligibility.

(a) Proof of benefits.

1. In order to maintain eligibility beyond an initial thirty (30) day period, the child’s parent or guardian must submit proof of receipt of UC benefits within the previous thirty (30) days. A copy of the parent’s or guardian’s bank statement, or a warrant or check demonstrating receipt of UC benefits constitutes proof of receipt of benefits.

2. Alternatively, a child’s parent or guardian may submit proof that he or she has submitted written notice of an appeal related to UC benefits pursuant to Rule 60BB-5.003, F.A.C. After submission of proof of written notice of an appeal, the child shall maintain eligibility for an additional thirty (30) days beyond the initial period of eligibility. To maintain eligibility beyond the additional thirty (30) days, the child’s parent or guardian must submit proof of receipt of benefits, proof of a pending appeal, or proof of a determination in the parent’s favor within the additional thirty (30) day period.

3. If a parent or guardian fails to submit proof of UC benefits or written notice of an appeal, the coalition shall terminate the child’s eligibility under this eligibility category.

(b) A parent or guardian must notify the coalition, or its designee, of any change in employment, income, family size, or UC benefit status within ten (10) calendar days.

(5) Records Confidentiality. If applicable, the coalition shall comply with the confidentiality provisions of 20 CFR Part 603, sections 443.1715 and 443.171, F.S., and other sections of state and federal law which are related to UC records received pursuant to this rule.

Rulemaking Authority 411.01(4)(e), 443.1317(1)(b) FS. Law Implemented 411.01(5)(d), (6) FS. History–New 5-15-09.

THIS RULE TAKES EFFECT UPON BEING FILED WITH THE DEPARTMENT OF STATE UNLESS A LATER TIME AND DATE IS SPECIFIED IN THE RULE.
EFFECTIVE DATE: May 15, 2009