Florida's Office of Early Learning
RULE NO.:RULE TITLE:
6M-8.500:VPK Specialized Instructional Services
NOTICE OF CHANGE
Notice is hereby given that the following changes have been made to the proposed rule in accordance with subparagraph 120.54(3)(d)1., F.S., published in Vol. 38 No. 40, October 1, 2012 issue of the Florida Administrative Register.
The text of the proposed rule is hereby revised as indicated below. In addition, substantive revisions to Form OEL-VPK 20S and Form OEL-VPK 02S, Part B, have been made. No substantive revisions have been made to other forms incorporated by reference into the proposed rule.
6M-8.500 VPK Specialized Instructional Services: Child Eligibility and Provider Reimbursement
(1) General Eligibility. A parent with a four-year-old child who meets the Voluntary Prekindergarten Program eligibility requirements described in rule 6M-8.200, F.A.C., and has a disability and a current individual educational plan (IEP) developed by the local school board may enroll the child in either a standard (school-year or summer) Voluntary Prekindergarten Education (VPK) Program or in a VPK specialized instructional services program type. Parents may enroll a child in only one program type; a child may not be enrolled in a standard (school-year or summer) program type and the VPK specialized instructional services program type at the same time.
(2) Child Eligibility.
(a) In order to register a child for the VPK specialized instructional services (SIS) program type, a parent must do all of the following:
i. Register the child in accordance with the requirements of rule 6M-8.201, F.A.C.;
ii. Submit to the early learning coalition a completed and signed Specialized Instructional Services Supplemental Student Application, Form OEL-VPK 01S, dated March 2013 August 2012, which is hereby incorporated by reference and may be obtained as described in Rule 6M-8.900, F.A.C.; and
iii. Submit to the early learning coalition a copy of the child’s current IEP developed by the local school board.
(b) Upon receipt of the required registration documentation from a parent registering his or her child for the VPK SIS program type, a coalition shall first determine the child’s eligibility for the VPK program under rule 6M-8.201, F.A.C. A coalition shall then determine the child’s eligibility for the SIS program by reviewing the completed and signed Form OEL-VPK 01S, dated March 2013 August 2012, and attached copy of the child’s current IEP. A child shall be determined eligible for the VPK SIS program type by an early learning coalition if:
i. The Form OEL-VPK 01S is completed with accurate information as certified by the parent;
ii. The parent has selected a type or types of SIS in item 6. of Form OEL-VPK 01S which are consistent with the child’s IEP; and
iii. The IEP submitted by the parent is dated within the last year.
(c) Upon determining that a child is eligible to participate in a VPK SIS program type, the appropriate coalition staff shall complete the “Early Learning Coalition Use Only” section of Form OEL-VPK 01S, as indicated in grey to document the child’s eligibility. Additionally, the coalition shall complete sections I. and II. in Part A and items 1. through 8. in Part B of Form OEL-VPK 02S, dated March 2013. Form OEL-VPK 02S, Part A, dated March 2013 and Form OEL-VPK 02S, Part B, dated March 2013, are both August 2012, which is hereby incorporated by reference with instructions and may be obtained as described in Rule 6M-8.900, F.A.C. The coalition shall provide a copy of the forms referenced in this paragraph, with the appropriate sections completed, to the child’s parent.
(3) Provider Selection.
(a) The parent shall select a SIS provider or providers which offer services consistent with the student’s current IEP from providers approved by the DOE under rule 6A-6.03033, F.A.C., to offer SIS in the coalition service area. Services consistent with the student’s current IEP may include, but are not limited to:
i. Applied behavior analysis as defined in ss. 627.6686 and 641.31098, F.S.
ii. Speech-language pathology as defined in s. 468.1125, F.S.
iii. Occupational therapy as defined in s. 468.203, F.S.
iv. Physical therapy as defined is s. 486.021, F.S.
v. Listening and spoken language specialists and an appropriate acoustical environment for a child who is deaf or hard of hearing who has received an implant or assistive hearing device.
(b) If the parent selects multiple providers from more than one coalition service area, the coalitions may enter into an interagency agreement regarding the payment of the provders. shall make reasonable efforts to accommodate the parent’s selection or to facilitate selection of comparable providers within a single service area.
(4) Student Enrollment.
(a) After a parent has chosen a SIS provider, the parent shall work with the selected SIS provider to complete section III. of Form OEL-VPK 02S, Part A. If a parent selects multiple SIS providers, the coalition shall provide the parent an OEL-VPK 02S, Part A form to complete with each selected SIS provider.
(b) Each SIS provider shall have an authorized representative complete, sign and date the Form OEL-VPK 20S where indicated and submit the completed form, along with the completed Form OEL-VPK 02S, Part A, to the early learning coalition. Form OEL-VPK 20S, dated March 2013 August 2012, is hereby incorporated by reference and may be obtained as described in Rule 6M-8.900, F.A.C. A SIS provider must receive a fully executed copy of Form OEL-VPK 20S from the coalition prior to rendering VPK SIS to any student.
(c) SIS providers which do not submit a completed Form OEL-VPK 02S, Part A, for a student and a completed Form OEL-VPK 20S shall not be eligible to receive reimbursement.
(5) Scheduling Services.
(a) The parent of a student shall schedule all SIS using Form OEL-VPK 02S, Part B, dated March 2013 August 2012. The parent shall work with each selected SIS provider to complete the form, which must include all scheduled services from all selected SIS providers are included on the form. If additional space is required to list all scheduled services, the parent may attach additional copies of Form OEL-VPK 02S, Part B.
(b) After scheduling all SIS on Form OEL-VPK 02S, Part B, the parent shall submit the completed form to the early learning coalition for review at least 10 business days prior to the first appointment scheduled.
(c) Within 5 business days of receipt, tThe early learning coalition shall review the Form OEL-VPK 02S, Part B, to determine the student’s available funding amount, to determine whether projected reimbursement for the scheduled services exceed the student’s available VPK funding, and to return a copy of the form to the parent and each selected SIS provider.
1. Determining Student’s Available Funding Amount
a.1. New enrollment. The cumulative total of services reimbursed for a child may not exceed the amount of the base student allocation provided in the VPK Program in the General Appropriations Act. In the absence of a specific base student allocation for VPK SIS:
i. The VPK School-Year base student allocation shall be used for students whose parents submit the completed Form OEL-VPK 02S, Part B, between 14 days before Labor Day and April 30th or, if the uniform date fixed by a district school board under Section 1001.42(4)(f), F.S., for the opening of public schools for regular school programs occurs in a county more than 14 days before Labor Day, then between the uniform date and April 30th.
ii. The VPK Summer base student allocation shall be used for students whose parents submit the completed Form OEL-VPK 02S, Part B, between May 1 and the uniform date fixed by the district school board under Section 1001.42(4)(f), F.S., for the opening of public schools for regular school programs in the county.VPK School-Year full time equivalent funding amount (FTE) shall be made available to a student enrolling under this rule.
b.2. Reenrollment for good cause. Notwithstanding the funding described in a.1. above, if a student is reenrolled for good cause under rule 6M-8.210, F.A.C., into the SIS program type from a School-Year or Summer program type, the funding available to the student shall be equal to the student’s FTE for the program type in which the student was previously enrolled, minus any amount previously paid for such services rendered to the student.
2. Projected Reimbursement Exceeds Student’s Available VPK Funding.
(d) The early learning coalition shall also review the Form OEL-VPK 02S, Part B, to determine that projected reimbursement for the scheduled services does not exceed the student’s available VPK funding.
1. If the scheduled services would exceed the student’s available VPK funding, the coalition shall notify the parent, in writing, of the service that is projected to exceed the student’s available VPK funding. The coalition shall not authorize payment for that service, shall strike through that service on the Form OEL-VPK 02S, Part B, and include a comment on the form that full payment for the service is not authorized. The provider and the parent may still contract for the stricken services, but the coalition will not reimburse the provider in an amount greater than that approved on the Form OEL-VPK 02S, Part B. and that if the service is provided, the student’s parent agrees to be responsible for the remainder of the unreimbursed cost for that service.
2. A student in the SIS program type shall receive all services prior to the beginning of a new VPK program year.
3. A provider shall only receive payment for approved services identified on the Form OEL-VPK 02S, Part B.
(e) The coalition shall complete its review of the Form OEL-VPK 02S, Part B, and shall return a copy of the form to the parent and each selected SIS provider within 14 business days of receipt.
(d)(f) If the parent wishes to add appointments to an existing Form OEL-VPK 02S, Part B, which has already been reviewed by the early learning coalition, the parent shall coordinate with the applicable SIS provider to schedule additional services, which shall be added to the existing form. The parent shall resubmit the revised Form OEL-VPK 02S, Part B, to the coalition for review. The resubmittal and review process shall follow the process detailed in subparagraphs (5)(b) – (c) above. The coalition shall complete its review of the revised Form OEL-VPK 02S, Part B, and shall return a copy of the revised form within 14 business days of receipt to the parent and each selected SIS provider following its review.
(g) Services not included on Form OEL-VPK 02S, Part B, as reviewed and authorized by the early learning coalition shall not be reimbursed.
(e) Services not identified on the Form OEL-VPK 02S, Part B, as reviewed and authorized by the early learning coalition shall not be reimbursed.
(f) A student in the SIS program type shall receive all services prior to the beginning of a new VPK program year.
(6) Provider Payment.
(a) To receive reimbursement for services rendered, a SIS provider shall obtain the parent’s initials and date on Form OEL-VPK 02S, Part B, certifying that services were rendered. Within 30 days of providing services, the SIS provider shall submit the Form OEL-VPK 02S, Part B, with the parent’s certification to the coalition as an invoice or as an attachment to an invoice for reimbursement.
(b) A coalition shall reimburse SIS providers for SIS rendered to an eligible student as certified by the parent on the Form OEL-VPK 02S, Part B. The coalition shall not reimburse a SIS provider for costs other than specialized instruction, for example missed appointments, late fees, or interest. However, a SIS provider must provide the parent with its policy for missed appointments, including late arrivals, in writing and may then follow its normal business practices regarding charges for missed appointments or late arrivals. A coalition shall reimburse the SIS provider in the calendar month following the month in which an invoice for reimbursement is received by the coalition.
(c) SIS providers shall not invoice coalitions for services which have been paid for by other sources. If an SIS provider retains SIS funds for services paid for by other sources, the provider shall be subject to any available penalty at law, which may include, but is not limited to, referral for fraud investigation. If the coalition is made aware that payment from other sources has been rendered for services included on the Form OEL-VPK 02S, Part B, the coalition shall make reasonable efforts to recover any duplicate payment from the SIS provider.
(d) An early learning coalition’s total payment on behalf of a student enrolled under this rule shall not exceed the student’s full-time equivalent funding amount established annually through the General Appropriations Act. If the student receives services through multiple SIS providers, the funding shall be distributed to the SIS providers in accordance with the schedule of services established on the Form OEL-VPK 02S, Part B. In accordance with paragraph (5)(c)2. (d)1. above, if the cost of services rendered to a student exceeds the amount of funding available through the VPK program, those services shall be considered a private arrangement between the SIS provider and the parent and not be part of the VPK program, and the parent shall bear responsibility for all costs in excess of the amount available through the VPK Program.
(7) Reenrollment. Being enrolled under this rule constitutes an enrollment for the purposes of rule 6M-8.201, F.A.C. Changing a student’s enrollment between a standard VPK-program type (school-year or summer) and the VPK specialized instructional services program type constitutes a reenrollment for the purposes of rule 6M-8.210, F.A.C. However, changing SIS providers while enrolled in the specialized instructional services program type does not constitute a reenrollment under rule 6M-8.210, F.A.C. To re-enroll a student, the parent must comply with the terms of rule 6M-8.210, F.A.C.
Specific Authority 1002.75(3)(d), 1002.75(3)(e), 1002.79(2) F.S. Law Implemented 1002.66, 1002.53(1)-(3), (4)(b), (6), 1002.71(4), 1002.72, 1002.75(1), F.S. History–New____________.
