The purpose of the proposed rule is to implement the authority of Florida’s Office of Early Learning (OEL) to administer the Voluntary Prekindergarten Education (VPK) Program related to registering children in and determining the eligibility of ...

DEPARTMENT OF EDUCATION
Florida's Office of Early Learning

RULE NO.: RULE TITLE:
6M-8.201: Child Registration Procedures; Application; Parent Orientation Session
PURPOSE AND EFFECT: The purpose of the proposed rule is to implement the authority of Florida’s Office of Early Learning (OEL) to administer the Voluntary Prekindergarten Education (VPK) Program related to registering children in and determining the eligibility of children for the VPK Program.
SUMMARY: This rule establishes requirements related to making child eligibility determinations. The proposed rule permits early learning coalitions to allow certain VPK providers to facilitate making child eligibility determinations for children enrolling in the VPK provider’s classes. The rule incorporates several forms by reference, including a child registration form and addendum to the VPK Provider Agreement for providers determining preliminary eligibility of VPK students. The rule further requires distribution of an information handbook for parents which is incorporated by reference into another rule.
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 been prepared by the agency.
Florida’s Office of Early Learning has prepared a SERC based on data from previous years of implementation of the Voluntary Prekindergarten Education Program and projections regarding estimated participation levels in the future. The Office estimates that implementation of the proposed rule will result in an annual savings to providers throughout the state in the amount of approximately $34,335 dollars. Over five years, the total savings is estimated to result in a decreased cost to providers of approximately $171,675.
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:
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: 1002.79(2) FS.
LAW IMPLEMENTED: 1002.53(4), (5), 1002.75(2)(a), (b) FS.
A HEARING WILL BE HELD AT THE DATE, TIME AND PLACE SHOWN BELOW:
DATE AND TIME: July 20, 2012, 1:00 p.m. – 3:00 p.m.
PLACE: Florida’s Office of Early Learning, 250 Marriott Drive, Tallahassee, FL 32301, or via WebEx which may be accessed at the following website: http://www.floridaearlylearning.com/EarlyLearning/OEL_Program_ProposedRulesNotices.html
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: Ed Hoover at [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: Stephanie Savestanan, Policy Director, Florida’s Office of Early Learning, 250 Marriott Dr., Tallahassee, Florida 32399, [phone]

THE FULL TEXT OF THE PROPOSED RULE IS:

6M-8.201 Child Registration Procedures; Application; Parent-Orientation Session.

(1) Application. A parent wishing to enroll his or her child for the VPK Program must; complete an application process with a local early learning coalition. Contact information for local early learning coalitions is available from Florida’s Office of Early Learning at 1(866)357-3239, TTY/Florida Relay 711, and at the website: https://spe.schoolreadiness.org/pe/;.

(a) A parent must complete Complete and sign Part A of Form OEL-VPK 01 (Student Child Application), dated August 2012, February 14, 2007, which is hereby incorporated by reference with instructions and may be obtained as described in Rule 6M-8.900, F.A.C. Applications may be completed in hard copy using blue or black ink or Alternatively, a parent may register online through the Internet website: https://spe.schoolreadiness.org/pe/ http://www.vpkflorida.org, electronically submit the registration, and print confirmation of the online registration.

(b) A parent must submit the completed Submit a complete and signed Part A of Form OEL-VPK 01, or submit the printed confirmation of an online application registration, to the coalition of the county where the VPK site selected by the parent is located for the VPK provider admitting the child in the VPK program, regardless of the county in which the child resides. A parent must also submit the supporting documents showing the child’s age and residential address which are required under Rule 6M-8.200, F.A.C.

(2) Reenrollment Application. If a parent wishes to change a student’s VPK provider after a student has already attended a portion of VPK instruction that parent shall follow the requirements of Rule 6M-8.210, F.A.C. Re-Registration:

(a) A parent must re-register his or her child for the VPK program with the coalition of the county where the VPK provider’s VPK site is located if the parent initially registered the child with the coalition of another county.

(b) Re-registration is the responsibility of a child’s parent. To assist a parent with re-registration, a coalition may enter into one or more agreements with another coalition to provide for the transfer of a child application and supporting documents between the coalitions.

(3) Parent Guide. A coalition shall ensure each parent has the opportunity to review a copy of Form OEL-VPK 06, Voluntary Prekindergarten Parent Guide, which is incorporated by reference into Rule 6M-8.2011, F.A.C.

(4)(3) Application Submission Location. An early learning A coalition shall designate one or more locations throughout the coalition’s service area geographic region where a parent may submit a Student Application child application and supporting documents to the coalition. A coalition may allow private or public school VPK providers to be application submission locations. If the coalition designates certain VPK providers as application submission locations, then the coalition, those designated VPK providers, and parents submitting applications to those designated VPK providers must follow the requirements of subsection (5) below. A parent may obtain contact information for a coalition from the Office of Early Learning at [phone], TTY/Florida Relay 711, and at the Internet website: http://www.floridaearlylearning.com.

(5) Alternative Application. Notwithstanding the processes established above, an early learning coalition may also permit a VPK provider to determine the preliminary eligibility of children applying to enroll in the provider’s VPK classes on behalf of the coalition in accordance with the requirements of this paragraph. Providers permitted to make preliminary eligibility determinations under this paragraph must do so in accordance with the criteria and processes established in Rule 6M-8.200, F.A.C.

(a) Provider Eligibility. A VPK provider must apply annually to participate under this paragraph by submitting to the early learning coalition the completed and executed Form OEL-VPK 21 (Addendum to the Statewide Provider Agreement) dated August 2012, which is hereby incorporated by reference. A VPK provider shall not participate under this paragraph except under an executed Form OEL-VPK 21. A VPK provider may not determine the preliminary eligibility of children for its VPK program until the VPK provider receives a fully executed Form OEL-VPK 21 from the coalition which has been signed by the VPK provider and its early learning coalition. Documentation demonstrating that the provider has met the eligibility requirements established under this rule may be required by the coalition; however, the coalition may not impose on the provider additional eligibility requirements not included in this rule.

1. The VPK provider must have delivered instruction in the VPK program during the most recent two program years.

2. The VPK provider must retain a prekindergarten director or designee who has attended a training session conducted by the coalition which instructs the provider on procedures for determining a child’s preliminary eligibility for the VPK program, accepting an application and supporting documents on behalf of the coalition, and providing a parent with the form described in subsection (3) above.

3. The VPK provider’s most recent kindergarten readiness rate for each program type (school-year and/or summer) must meet the minimum kindergarten readiness rate established pursuant to Section 1002.69, F.S.

4. A VPK provider is not eligible under this rule if, during the previous 24 months, the provider:

a. Submitted two or more consecutive, or a combined total of four or more, monthly attendance rosters containing inaccurate reporting of a student’s attendance;

b. Failed to repay an overpayment by the required repayment date after the coalition discovered the overpayment and requested repayment;

c. Submitted a monthly attendance roster resulting in an overpayment that exceeded 20 percent of the payment for a calendar month due to the provider’s inaccurate reporting of a student’s attendance;

d. Submitted a monthly attendance roster containing fraudulent reporting of a student’s attendance; or

e. Failed to comply with the terms of the Form OEL-VPK 21.

5. A VPK provider which is licensed by the Department of Children and Family Services or a local licensing agency is not eligible to participate under this rule if the provider’s license status, as recorded in the department’s Child Care Information System, is “Revocation Action Pending,” “Suspension Action Pending/Suspended,” or “Closed.”

6. A VPK provider which is not licensed by the Department of Children and Family Services or a local licensing agency, but which is accredited as described in Section 1002.55(3)b., F.S., is not eligible to participate under this rule if the provider’s accreditation status has expired or been rescinded.

(b) Child Registration Procedures.

1. A parent who wishes to apply to enroll a child for the VPK program through a VPK provider authorized to make preliminary eligibility determinations under this paragraph must complete, sign, and submit to the VPK provider Part A of Form OEL-VPK 01. A parent must submit this form to the VPK provider with supporting documents of the child’s age and residential address required under Rule 6M-8.200, F.A.C.

2. A VPK provider determining children’s preliminary eligibility under this paragraph shall provide each parent with a copy of the Voluntary Prekindergarten Parent Guide, which is incorporated by reference in Rule 6M-8.2011, F.A.C., upon parental submission of the completed and signed Part A of Form OEL-VPK 01. Within five (5) working days after a child’s parent submits the completed and signed Part A of Form OEL-VPK 01, the provider shall complete Part B of the child’s Form OEL-VPK 01, maintaining a copy of the completed form and any supporting documents for its records, and process Parts A and B of the completed Form OEL-VPK 01 and supporting documents, as follows:

a. If the child’s Form OEL-VPK 01 is complete, signed, and submitted with the required supporting documents, the provider determines that the child appears preliminarily eligible for the VPK program, and the provider registers the child in one of the provider’s VPK classes, then the VPK provider shall submit a child’s Form OEL-VPK 01 and supporting documents to the coalition.

b. If the child’s Form OEL-VPK 01 is not complete, not signed, or not submitted with the required supporting documents, then the VPK provider shall return the form and supporting documents to the child’s parent.

c. If the child’s Form OEL-VPK 01 is complete, signed, and submitted with the required supporting documents, but the provider determines that the child does not appear to be preliminarily eligible for the VPK program, the provider shall return the child’s Form OEL-VPK 01 and supporting documents to the child’s parent and, in the designated area of Part B of Form OEL-VPK 01, shall notify the parent of the reasons(s) that the child does not appear to be eligible based on the provider’s determination and refer the parent to the coalition.

3. A coalition shall determine whether each child registered in a class by a VPK provider meets the eligibility criteria established in Rule 6M-8.200, F.A.C. Within 30 days of submission of a child’s Form OEL-VPK 01 and supporting documentation by a VPK provider, the coalition shall inform the VPK provider and/or parent, as applicable, of the child’s eligibility or ineligibility in writing.

a. If the coalition determines a child eligible and sends written notification prior to the start of the selected class, the notice shall inform the provider of the first date upon which the child is eligible to receive services.

b. If the coalition determines a child eligible, but the selected class begins before the coalition has provided written notification of the child’s eligibility or ineligibility, the coalition’s notification shall inform the provider and parent of the first date upon which the child is eligible to receive services and inform the parent that the child will not receive the full allotment of hours of VPK service.

c. If the coalition determines a child ineligible, the coalition’s notification shall inform the provider and parent of the reason for the child’s ineligibility.

4. Notwithstanding paragraph 6M-8.202(1)(c), F.A.C., a coalition is not required to issue a certificate of eligibility for a child applying for enrollment in the VPK program through a VPK provider under this paragraph.

5. A VPK provider may not deliver VPK instruction to a child registered in one of its VPK classes until the provider receives the eligibility verification from a coalition as described in 3. above. Any instruction given prior to receiving eligibility verification from the coalition shall be non-payable under Rules 6M-8.204 and 6M-8.205, F.A.C.

(c) Provider Prohibitions.

1. Preliminary Eligibility Determination After a VPK Class Has Started. A VPK provider participating under subsection (5) of this rule shall not determine the preliminary eligibility of a child whose parent is applying for enrollment in one of the VPK provider’s classes that has already begun instruction, and instead shall direct the parent to the coalition for child registration.

2. Specialized Instructional Services Providers Program. A VPK provider participating under subsection (5) of this rule shall not determine the preliminary eligibility of a child whose parent is applying to enroll the child in the Specialized Instructional Services Provider Program, and instead shall direct the parent to the coalition for child registration.

3. Reenrollment Under This Rule. A VPK provider participating under subsection (5) of this rule shall not accept Form OEL-VPK 05 from a parent applying to reenroll a child in the VPK provider’s VPK program or determine the preliminary eligibility of such a child for reenrollment. VPK providers shall direct parents applying to reenroll their children with a VPK provider to the coalition for child registration.

4. Payment for Participation Under This Rule Prohibited. A VPK provider may not accept compensation for participating under subsection (5) of this rule, accepting a student application or supporting documents on behalf of the coalition, distributing a Voluntary Prekindergarten Parent Guide, or determining the preliminary eligibility of a child under this rule.

(6) Access to Provider Profiles. Whether a parent registers a child directly through the coalition or through the alternative application process described in subsection (5), each early learning coalition is responsible for ensuring that each parent has access to the profile of each VPK provider operating within the county where the child is being enrolled.

(4) Parent-Orientation Session or Video Exhibition.

(a) A coalition shall conduct a face-to-face parent-orientation session or exhibit a parent-orientation video for a parent or group of parents registering their children for the VPK program. During a parent-orientation session or video exhibition, a coalition shall:

1. Give the parent an overview of the VPK program;

2. Describe the parental rights and responsibilities listed in Form OEL-VPK 06 (Voluntary Prekindergarten Parent Handbook), dated August 15, 2006, which is hereby incorporated by reference and may be obtained as described in Rule 6M-8.900, F.A.C., and provide the parent with a copy of the handbook;

3. Describe a parent’s choice between a school-year program and summer program and the differences between the programs, including the required number of instructional hours, minimum and maximum class sizes, and instructor credentials;

4. Describe a parent’s choices among VPK providers;

5. Inform the parent about the coalition’s child care resource and referral program, the availability of a customized referral list of VPK providers in the VPK program, and the contact information for the child care resource and referral program;

6. Inform the parent of the uniform resource locator for the coalition’s Internet website, if the coalition posts profiles of VPK providers in the VPK program on the website. A coalition shall also inform a parent that the profiles may be obtained at the Internet website: http://www.myflorida.com/childcare/provider;

7. Inform the parent about the profiles of VPK providers on the VPK web portal of the Child Care Information System administered by the Department of Children and Family Services at the Internet website: www.dcf.state.fl.us/childcare. A coalition shall keep the profiles of VPK providers in the coalition’s geographic region current on the system;

8. Provide the parent with Form AWI-RR 63 (A Family Guide for Selecting Quality Early Learning Programs), dated June 30, 2006, which is hereby incorporated by reference and may be obtained as described in Rule 6M-8.900, F.A.C.; and

9. Provide the parent with Form AWI-RR 64 (A Quality Checklist for Evaluating Early Learning Programs), dated June 30, 2006, which is hereby incorporated by reference and may be obtained as described in Rule 6M-8.900, F.A.C.

(b) A coalition is not required to conduct a parent-orientation session or exhibit a parent-orientation video for a child’s parent if:

1. The coalition conducts a face-to-face parent-orientation session or determines the child’s eligibility face-to-face with the child’s parent for another early learning program (e.g., school readiness program, program for prekindergarten children with disabilities, Head Start), the coalition maintains the child’s records of the early learning program and verifies that the child’s date of birth in the records of the other early learning program is the same as on the child application and supporting documents that the parent submits;

2. Another coalition transferring the child’s registration already conducted the parent-orientation session or exhibited the parent-orientation video; or

3. The parent is a service member in the United States Armed Forces and is unable to attend a parent-orientation session or video exhibition because of assigned duty outside of Florida, and the parent submits a military order showing that the parent is assigned to duty in Florida when the child attends the VPK program (e.g., permanent change of station) to the coalition.

(c) If a coalition does not conduct a parent-orientation session or exhibit a parent-orientation video for a child’s parent, the coalition shall provide Form OEL-VPK 06, Form AWI-RR 63, and Form AWI-RR64 to the parent by mail or other means.

Rulemaking Authority 1002.79(2) FS. Law Implemented 1002.53(4), (5), 1002.75(2)(a), (b) FS. History–New 1-19-06, Amended 5-24-07, Formerly 60BB-8.201, Amended________.

NAME OF PERSON ORIGINATING PROPOSED RULE: Stephanie Savestanan, Florida’s Office of Early Learning
NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Dr. Mel Jurado, Director, Florida’s Office of Early Learning
DATE PROPOSED RULE APPROVED BY AGENCY HEAD: May 14, 2012
DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAW: December 22, 2011