The purpose of the rule is to update the process and criteria for reenrollment in the Voluntary Prekindergarten Education Program.

 

DEPARTMENT OF EDUCATION

Florida’s Office of Early Learning

RULE NO.:RULE TITLE:

6M-8.210Reenrollment for Good Cause or Extreme Hardship in the Voluntary Prekindergarten Education Program

PURPOSE AND EFFECT: The purpose of the rule is to update the process and criteria for reenrollment in the Voluntary Prekindergarten Education Program.

SUMMARY: The proposed rule establishes the requirements, application, and procedures for reenrollment in VPK for families and early learning coalitions.

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: The proposed rule impacts families seeking to reenroll their child in the Voluntary Prekindergarten (VPK) Education program and where it indirectly impacts an early learning coalition or a VPK provider, the proposed process is streamlined to create efficiencies of use to minimize time and cost impacts that should result in cost savings to the current process. The proposed revisions will not exceed any one of the economic analysis criteria in a SERC as set forth in Section 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: 1002.71(4), 1002.75(2)(a), 1002.75(2)(i), 1002.79 FS.

LAW IMPLEMENTED: 1002.53(2), 1002.71(4), 1002.75(2)(a) 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 (IF NOT REQUESTED, THIS HEARING WILL NOT BE HELD):

DATE AND TIME: May 27, 2016, 10:30 a.m. ‒ 11:30 a.m. or at the conclusion of business whichever is earlier

PLACE: Via webinar; registration information may be found at:

http://www.floridaearlylearning.com/oel_resources/rules_guidance_technical_assistance/proposed_rules.aspx

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 7 days before the workshop/meeting by contacting: Tara Huls, Bureau Chief, Voluntary Prekindergarten Education Program, 250 Marriott Drive, Tallahassee, FL 32399, [phone] or [e-mail]. 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: Tara Huls, Bureau Chief, Voluntary Prekindergarten Education Program, 250 Marriott Drive, Tallahassee, FL 32399, [phone] or [e-mail]

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

Substantial rewording of Rule 6M-8.210 follows. See Florida Administrative Code for present text.

6M-8.210 Reenrollment in the Voluntary Prekindergarten Education Program.

(1) Definitions. As used in this rule:

(a) “Program type” means either a school-year VPK program or a summer VPK program.

(b) “Substantial completion” means a child has been enrolled in a VPK provider’s program for more than 70 percent of the instructional hours for the program type or a child has expended more than 70 percent of the funding authorized for a child enrolled in VPK Specialized Instructional Services (SIS) under Section 1002.66, F.S.

(2) General reenrollment conditions:

(a) A VPK child may not be reenrolled except as described in this rule.

(b) A child may only reenroll with a VPK provider during the program year(s) for which the child is eligible in accordance with Section 1002.53(2), F.S. Age and residential eligibility documentation do not need to be resubmitted in order for a child to reenroll as described in this rule.

(c) This rule shall not be construed to allow a child to be enrolled simultaneously in multiple VPK classes.

(d) The following circumstances do not constitute a reenrollment for a child under this rule:

1. When the provider that a child is attending is sold or transferred during the VPK program before the scheduled instruction hours have completed, and the new owner continues providing VPK at the same physical location.

2. When a child’s VPK provider executes a new Statewide Provider Contract for VPK during the program year and before the scheduled instructional hours have completed for the VPK class.

3. When the owner of a VPK provider moves the physical location and staff of the VPK program before the scheduled instructional hours have completed for the VPK class.

(3) Reenrollment for good cause within same VPK program type. “Reenrollment for good cause” occurs when a child withdraws from a VPK provider, after the child has attended a portion of the VPK instructional hours, and enrolls with a new VPK provider of the same VPK program type. For funding purposes, a child reenrolled under this subsection shall not exceed one full-time equivalent (FTE) student, as defined by Section 1002.71(2), F.S. There are two categories of reenrollment for good cause: primary reenrollment due to good cause and subsequent reenrollment exemption due to good cause.

(a) Primary reenrollment due to good cause. A child may withdraw from his or her initial VPK provider and reenroll at another VPK provider within the same program type if the child is granted a primary reenrollment due to good cause under this paragraph. The following criteria must apply for a child to be granted a primary reenrollment due to good cause:

1. The child has attended a portion of the VPK program, but has not substantially completed the VPK program;

2. The child has not previously reenrolled in the VPK program;

3. The child’s parent completes and submits the Reenrollment Application, Form OEL-VPK 05 (May 2016) on https://familyservices.floridaearlylearning.com by using personal means or with assistance available at an early learning coalition. The Reenrollment Application, Form OEL-VPK 05, (May 2016) is hereby incorporated by rule and may be obtained as described in Rule 6M-8.900, F.A.C.  _____________________; and

4. One of the following circumstances must be applicable to the child (documentation is not required):

a. The illness of the child, an individual living in the child’s household, an individual which the child’s parent is responsible for caring for, or the child’s parent, sibling, grandparent, step-parent, step-sibling, or step-grandparent.

b. A disagreement between the parent and the provider or school concerning policies, practices, or procedures at the provider’s or school’s VPK program;

c. A change in the child’s residence;

d. A change in the employment schedule or place of employment of the child’s parent;

e. The VPK provider’s inability to meet the child’s health, behavioral or educational needs;

f. The termination of the child’s class before 70 percent of the VPK instructional hours are delivered;

g. The child is dismissed by a VPK provider for failure to comply with the provider’s attendance policy;

h. The provider’s designation as a provider on probation under Section 1002.67, F.S.;

i. Any condition described as an extreme hardship in paragraph (4) below (documentation is not required); or

j. Another reason not expressly stipulated in this rule which prevents the child from attending the VPK provider’s class or which prevents the VPK provider from serving the child in accordance with the requirements of the VPK program.

(b) Subsequent reenrollment exemption due to good cause. A child may reenroll and subsequently withdraw from the VPK provider and reenroll at another VPK provider within same program type if the child is granted a subsequent reenrollment exemption due to good cause under this paragraph. The following criteria must apply for a child to be granted a subsequent reenrollment exemption due to good cause:

1. The child has attended a portion of the VPK program, but has not substantially completed the VPK program;

2. The child has reenrolled under subsection (3) or (4) of this rule;

3. The child’s parent completes and submits the Reenrollment Application, Form OEL-VPK 05 (May 2016) with the supporting documentation on https://familyservices.floridaearlylearning.com by using personal means or with assistance available at an early learning coalition; and

4. One of the following circumstances must be applicable to the child with supporting documentation:

a. A change in the child’s residence that extended the child’s round-trip by 60 minutes or more, to and from the VPK provider, as supported by third party documentation showing the change (for example, a rental agreement or receipt from rent payment, mortgage,  utility records, or other verifiable documentation);

b. A change in the child’s residence that resulted in a temporary stay, or move out of a homeless shelter, transitional housing entity, or domestic violence shelter, as supported by third party documentation (for example, a letter from a homeless shelter, transitional housing entity or domestic violence shelter; a court-issued domestic violence injunction, or other verifiable documentation);

c. A change in a parent’s employment that extended the parent’s round-trip travel time by 60 minutes or more, to and from the VPK provider, as supported by employer documentation showing the start date or change in employment location;

d. The child’s parent(s) is active duty military or reservist and deployed supported by verifiable documentation (for example, proof of current military deployment);

e. The termination of the child’s VPK class, into which the child was reenrolled as confirmed and documented by the coalition, the Department of Children and Families, or local licensing agency on official letterhead or from a Child Care Information System (CCIS) screen print;

f. A provider is found to have committed a Class I Violation as defined in Rule 65C-22.10 or 65C-20.012, F.A.C. (as applicable to the provider type), as documented by the Department of Children and Families on official letterhead or from a CCIS screen print;

g. A serious injury to the child that occurred at the provider which required the provider to contact medical services, as documented on the Department of Children and Families or local licensing agency Accident/Incident Report for licensed providers or on official provider letterhead for license-exempt providers;

h. The child was dismissed from a VPK provider for issues that prevented the provider from meeting the child’s behavioral or educational needs, as substantiated by the dismissing provider on official letterhead;

i. The child’s parent has reported events to the Department of Children and Families or local licensing agency that indicate the VPK provider’s practices put his or her child’s health, safety, or well-being at risk, as documented by a federal, state, or local government official;

j. Any condition described as an extreme hardship in paragraph (4) below; or

k. The child’s primary reenrollment due to good cause was the result of any of the circumstances listed in this subparagraph accompanied by required supporting documentation.

(4) Reenrollment for extreme hardship into a VPK summer program. “Reenrollment for extreme hardship” occurs when a child withdraws from a VPK provider, after the child has attended a portion of the VPK instructional hours, and enrolls with a VPK provider during a summer VPK program; for funding purposes, a child may be reenrolled and reported as one full-time equivalent (FTE) student, as defined by Section 1002.71(2), F.S., in a summer VPK program if the child meets the reenrollment criteria in this subsection. There are two categories of reenrollment for extreme hardship: primary reenrollment due to extreme hardship and subsequent reenrollment exemption due to extreme hardship.

(a) Primary reenrollment due to extreme hardship. A child may withdraw from his or her initial VPK provider and reenroll at another VPK provider in a summer VPK program, and be reported as a full FTE, if the child is granted a primary reenrollment due to extreme hardship under this paragraph. The following criteria must apply for a child to be granted a primary reenrollment due to extreme hardship:

1. The child has attended a portion of the VPK program, but has not substantially completed the VPK program;

2. The child has not previously reenrolled in the VPK program;

3. The child’s parent completes and submits the Reenrollment Application, Form OEL-VPK 05 (May 2016) with the supporting documentation on https://familyservices.floridaearlylearning.com by using personal means or with assistance available at an early learning coalition; and

4. One of the following circumstances must be applicable to the child with supporting documentation:

a. The illness of the child, the illness of a family member which the child’s parent is responsible for caring for, or the illness of the child’s parent, as documented in writing by a physician licensed under Chapters 458 or 459, F.S., if it would result in the child being absent for more than 30 percent of the number of hours in the program type in which the child is enrolled;

b. The termination of the child’s VPK class as a result of the provider’s removal from eligibility to offer the VPK program, as documented by the early learning coalition;

c. The parent’s inability to meet the basic needs of the child, including, but not limited to, a lack of food, shelter, clothing, or transportation, as documented in writing by a federal, state, or local governmental official;

d. The provider’s inability to meet the child’s educational needs due to the child’s learning or developmental disability as documented by a federal, state, or local governmental official;

e. The provider’s inability to meet the child’s health needs as documented by a physician licensed under Chapters 458 or 459, F.S., or a federal, state, or local governmental official;

f. Displacement of the child from his or her place of residence or closure of the child’s VPK provider as a result of a state of emergency as declared by a federal, state, or local governmental official; or

g. A temporary or permanent change in parent custody or guardianship, supported by legal documentation such as a court order or official documentation from the Department of Children and Families (DCF) or DCF contracted agency. This includes an at-risk child care authorization that documents the guardianship change.

(b) Subsequent reenrollment exemption due to extreme hardship. A child may reenroll into a VPK provider and subsequently withdraw and reenroll at another VPK provider in  a summer VPK program, and be reported as a full FTE, if the child is granted a subsequent reenrollment due to extreme hardship under this paragraph. The following criteria must apply for a child to be granted a subsequent reenrollment exemption due to extreme hardship:

1. The child has attended a portion of the VPK program, but has not substantially completed the VPK program;

2. The child has reenrolled under subsection (3) of this rule;

3. The child’s parent completes and submits the Reenrollment Application, Form OEL-VPK 05 (May 2016) with the supporting documentation on https://familyservices.floridaearlylearning.com by using personal means or with assistance available at an early learning coalition; and 

4. One of the of circumstances listed in subparagraph (4)(a)4 must be applicable to the child with supporting documentation.

(5) Reenrollment for children in the VPK Specialized Instructional Services (SIS) Program. Changing SIS providers while enrolled in the SIS program type does not constitute a reenrollment under this rule. A child may reenroll under subsection (3) or (4) of this rule into a VPK SIS program from a school-year or summer program type or from a VPK SIS program into a school-year or summer program type, as applicable. However, a child shall not reenroll from VPK SIS school-year program type to a VPK SIS summer program type under subsection (4) of this rule. For a reenrollment due to good cause, the funding available to the child shall be equal to the child’s initial FTE allocation for the program type in which the child was previously enrolled, minus any amount previously paid for such services rendered to the child. A reenrollment under this subsection may be into a subsequent program year as defined in subsection (6). 

(6) Reenrollment into a subsequent program year.

(a) A child may only reenroll into a subsequent program year if:

1. The child attains the age of 4 years old between February 2 and September 1 of his or her initial program year of eligibility as described in s. 1002.53(2), F.S.; and

2. The child has not yet been admitted to kindergarten; and

3. The child is granted a reenrollment under subsection (3) or (4) of this rule.

(b) The remaining FTE for a child that reenrolls for good cause into a subsequent program year shall be calculated as the total FTE hours for the program type minus the hours the child has expended, including paid absences.

(7) Early learning coalition responsibilities.

(a) The early learning coalition shall review and process reenrollment applications submitted on https://familyservices.floridaearlylearning.com. Upon determination that a child may be granted a reenrollment in accordance with this rule, the early learning coalition shall approve the reenrollment application which will generate Form OEL-VPK 04 (May 2016), titled Certificate of Eligibility for Reenrollment. Form OEL-VPK 04 (May 2016) is hereby incorporated by rule and a sample copy may be obtained as described in Rule 6M-8.900, F.A.C.  [FAR LINK PLACEHOLDER].

(b) If a parent applies for his or her child to be reenrolled in a VPK program that is not in the same early learning coalition service area as the child’s current enrollment, both early learning coalitions shall coordinate to process the reenrollment application.

(c) If a child’s reenrollment request involves a change of guardianship, the early learning coalition shall require the new guardian to submit supporting documentation such as a court order or official documentation from the Department of Children and Families (DCF) or DCF contracted agency, to verify the change in guardianship before granting a reenrollment under this rule.

Rulemaking Authority 1002.71(4), 1002.75(2)(a), 1002.75(2)(i), 1002.79(2) F.S. Law Implemented 1002.53(2), 1002.71(4),1002.75(2)(a), (i) F.S. History–New 12-21-10, Formerly 60BB-8.210, Amended__________.

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Tara Huls, Bureau Chief, Voluntary Prekindergarten Education Program

NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Rodney MacKinnon, Executive Director

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: May 02, 2016

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: April 7, 2016