The purpose of the proposed rules is to establish standardized procedures for the school readiness application and the maintenance of a uniform waiting list pursuant to statutory mandate.

 

DEPARTMENT OF EDUCATION

Florida's Office of Early Learning

RULE NO.: RULE TITLE:

6M-4.300   Waiting List Procedures

PURPOSE AND EFFECT: The purpose of the proposed rules is to establish standardized procedures for the school readiness application and the maintenance of a uniform waiting list pursuant to statutory mandate.

SUMMARY: The proposed rule standardizes the application for the School Readiness program and standardizes how early learning coalitions will maintain the waiting list.

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 office's economic analysis of the adverse impact or potential regulatory costs of the proposed rule does not exceed any of the criteria established in s. 120.541(2)(a), F.S. The rule will standardize school readiness program application and waiting list procedures throughout the state.

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), 1002.82(2)(f)1.c., FS.

LAW IMPLEMENTED: 1002.81(14), 1002.82(2)(f)1.c., 1002.84(2), 1002.85(2)(c)2., 1002.87(3), 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 31, 2016, 2:00 p.m. – 3:00 p.m. EST, or at the conclusion of business whichever is earlier

PLACE: via GoToWebinar only. To register for the webinar, please visit: 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 48 hours before the workshop/meeting by contacting: Katerina Maroney, School Readiness Policy Supervisor, Office of Early Learning, 250 Marriott Dr., Tallahassee, Florida 32399, [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: Katerina Maroney, School Readiness Policy Supervisor, Office of Early Learning, 250 Marriott Dr., Tallahassee, Florida 32399, [phone]

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

Substantial rewording of Rule 6M-4.300 follows. See Florida Administrative Code for present text.

6M-4.300 School Readiness Application and Waiting List Procedures

(1) Definitions

(a) “Early learning coalition” or “coalition” refers to the entity charged with administering school readiness program services pursuant to ss. 1002.83 and 1002.84, F.S.

(b) “Eligible” means that a family meets the school readiness eligibility criteria pursuant to s. 1002.87, F.S. and Rule 6M-4.200(2) or (3), F.A.C.

(c) “Notification” means that the early learning coalition has contacted the parent or documented attempts to contact the parent via telephone, email, fax or mail.

(d) “Parent” means individual defined in Rule 6M-4.200(1)(c), F.A.C.

(e) “Potentially eligible” means that the family’s application appears to meet the requirements for eligibility but the family has not yet submitted necessary documentation to determine eligibility.

(f) “Prequalifying questions” means questions that parents must answer prior to submitting an application. The prequalifying questions screen families according to the school readiness eligibility requirements pursuant to s. 1002.87, F.S. and Rule 6M-4.200(2) or (3), F.A.C.

(g) “Revalidation” means the process of a family’s confirmation that the information about the family on the waiting list is current.

(h) “Removal” means that a family is removed from the waiting list for a reason identified in subsection (4)(d) below.

(i) “Single point of entry (SPE)” also known as the Family Portal, means the process established under s. 1002.81(14), F.S. for a parent to apply for the school readiness program at various locations throughout a county.

(j) “Waiting list” means a list of children waiting for potential enrollment in the school readiness program once funding is available. The list is a record of the names of parent(s), the names and dates of birth of their children, waiting list date and anticipated eligibility and priority category for seeking school readiness services. The waiting list is maintained by the early learning coalition.

(2) Prequalifying Questions and School Readiness Application.

(a) In order to participate in the school readiness program, parents shall submit a prequalifying questionnaire, file an application if appropriate, and provide requested documentation to an early learning coalition.  If funds are available at the time of application the coalition shall conduct an eligibility determination.  If funds are not available at the time of application, the coalition shall place the child or children on a waiting list as set forth herein.

(b) All parents requesting school readiness program services must first complete the prequalifying questions before completing the School Readiness application, if applicable, and submit it through the single point of entry available at the following web address: https://familyservices.floridaearlylearning.com. Questions three and four of the prequalifying questions are based on the current Federal Poverty Level (FPL) for the total number of family members reported in question two. Parents may complete the prequalifying questions and School Readiness application at any time.  If the results of the prequalifying questions indicate that the family may be potentially eligible, the family will then be directed to complete the school readiness application.   Upon completion of the school readiness application, parents must submit at least one document to complete the application process. The document may be a current paystub, a verification of employment statement, written statement from employer, school enrollment or class registration, or documentation of a temporary or permanent disability.

1. Form OEL-SR 01-PQ, Prequalifying Questions, dated July, 2016, are hereby incorporated by reference and  may be obtained at the office website at www.floridaearlylearning.com or by contacting the Office of Early Learning, Department of Education, 250 Marriott Drive, Tallahassee, FL 32399. The incorporated form is also available at: <placeholder for FAR reference materials link>.

2. Form OEL-SR 01, School Readiness Application, dated July, 2016, are hereby incorporated by reference and  may be obtained at the office website at www.floridaearlylearning.com or by contacting the Office of Early Learning, Department of Education, 250 Marriott Drive, Tallahassee, FL 32399. The incorporated form is also available at: <placeholder for FAR reference materials link>.

(c). If the prequalification screening results indicate that the family may not be potentially eligible, the family shall be directed to contact the early learning coalition which shall offer Child Care Resource and Referral (CCR&R) services pursuant to Rule 6M-9.300, F.A.C.

(3) Eligibility Screening.

(a) Early learning coalitions shall review each submitted application and required documentation within 20 calendar days of receipt to determine if the parent is potentially eligible pursuant to s. 1002.87(1), F.S. The early learning coalition shall notify the parent if the eligibility criteria have or have not been met.

(b) If the coalition determines that the family is potentially eligible based on their application and funding is available, the early learning coalition shall conduct an eligibility determination pursuant to s. 1002.87, F.S. and Rule 6M-4.200(2) or (3), F.A.C. Upon determining the family eligible for the school readiness program, the child is eligible for enrollment with a provider delivering the school readiness program. The coalition shall indicate the required supporting documents for eligibility determination pursuant to Rule 6M-4.208, F.A.C.

(c) If the family is potentially eligible and funding is not available, the early learning coalition shall place the child on its waiting list according to subsection (4).

(d) If the family is not potentially eligible, the early learning coalition shall offer the parent CCR&R services pursuant to Rule 6M-9.300, F.A.C.

(4) Waiting List Management.

Each coalition shall utilize a waiting list as an enrollment management tool for the school readiness program on an ongoing basis. An early learning coalition shall not purge its waiting list by removing all children at one time.  A coalition’s waiting list management shall consist of:

(a) Placement of Children on the Waiting List.

1. A family shall be placed on the waiting list on a first-come, first-serve basis, based on the date of the submitted application, the potential eligibility category and priority categories specified in s. 1002.87(1), F.S., and the age of the  child. An early learning coalition may consider local service priorities within a priority category.

2. If a parent requests school readiness program services for an additional child following placement on the waiting list, the additional child shall be placed on the waiting list according to the initial date the family was placed on the waiting list. The additional child shall also be assigned a potential eligibility category and priority specified in s. 1002.87(1), F.S.

3. An unborn child shall not be eligible for the waiting list.

4. A parent may update the information reported in the school readiness application. The coalition shall review the changes according to subsection (3). If the family remains potentially eligible, the family shall retain its place on the waiting list.

(b)  Revalidation. 

At least once every six (6) months from the date the family was initially placed on the waiting list or from the last revalidation date the coalition shall contact the parent and request the parent to submit updated information regarding eligibility status.  The coalition shall notify the parent within 30 calendar days prior to the revalidation date.

(c) Availability of Funding.

The early learning coalition shall notify the parent within thirty (30) calendar days of funding availability to potentially enroll the child in the school readiness program. In the notice, the coalition shall provide instructions to the parent on how to complete the school readiness eligibility determination process pursuant to Rule 6M-4.208, F.A.C.

(d) Removal from the Waiting List.

The coalition shall notify the parent of removal from the waiting list. The notification shall include the reason why the family was not placed on the waiting list or why the family or child was removed from the waiting list. Notice of removal is not required when funding becomes available for the child to receive school readiness services and the child is enrolled with a school readiness provider. A family will be removed from the waiting list under the following circumstances:

1. Failure to maintain accurate contact information;

2. Failure to meet the school readiness eligibility requirements as specified in s. 1002.87(1), F.S.;

3. Failure to confirm information. The parent does not validate its information by the due date indicated on the notification;

4. Over age limitations. Any child on the waiting list age 13 or older will be removed from the waiting list;

5. School readiness services no longer needed. The parent indicates, via email, fax, mail, telephone or in person, that school readiness services are no longer needed;

6. The parent does not respond to the notification for available funding by the due date;

7. The family no longer resides in the early learning coalition’s service delivery area; or

8. Funding becomes available for the child to receive school readiness services and the child is enrolled with a school readiness provider. Actual eligibility determination will be conducted prior to authorization for enrollment, which will be based on available funding. Enrollment in the school readiness program will be on a first-come, first-serve basis pursuant to s. 1002.87(1), F.S.

(5) Reapplication.

(a) If a family is removed from the waiting list, a parent must reapply for school readiness services and shall be screened for eligibility according to subsection (3) to be placed back onto the waiting list and receive a new waiting list date.

(b) If a family on the waiting list of an early learning coalition moves out of the coalition’s service area, the family shall reapply for eligibility services with the coalition operating in the family’s new location. The family will receive a new waiting list date with the coalition offering services in the new location.

Rulemaking Authority 411.01(4)(e) 1001.213(2), 1002.82(2)(f)1.c.,FS. Law Implemented 411.01(5)(c) 1002.81(14), 1002.82(2)(f)1.c., 1002.84(2), 1002.85(2)(c)2., 1002.87(3), FS. History–New 4-21-03, Amended __________ Formerly 60BB-4.300.

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Reginal Williams, Manager of Program Integrity

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

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: May 05, 2016

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: 04/08/2016