The proposed revisions update the rule and incorporated forms to remove duplicative language and Forms DEL-VPK 01 and DEL-VPK 07, update incorporated forms adding certification language to Form DEL-VPK 01A, and provide clarifying ....

 

DEPARTMENT OF EDUCATION

Division of Early Learning

RULE NO.:RULE TITLE:

6M-8.201Child Enrollment Procedure for the Voluntary Prekindergarten (VPK) Education Program

PURPOSE AND EFFECT: The proposed revisions update the rule and incorporated forms to remove duplicative language and Forms DEL-VPK 01 and DEL-VPK 07, update incorporated forms adding certification language to Form DEL-VPK 01A, and provide clarifying language regarding VPK program options.

SUMMARY: The rule and its incorporated forms include the child enrollment procedures, eligibility requirements, and the requirements that a parent must provide certification of their understanding of the VPK program requirements. The rule text also establishes the Early Learning Coalitions responsibilities for child enrollment.

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 is not expected to have any adverse impact on economic growth, business competitiveness or any other factors listed in s. 120.541(2)(a), F.S., and will not require legislative ratification. No increase in regulatory costs are anticipated as a result of the rule changes.

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: 1001.02(1)(n), 1002.79, F.S.

LAW IMPLEMENTED: 1002.53(4), (5), 1002.73(2)(d)(1.), F.S.

A HEARING WILL BE HELD AT THE DATE, TIME AND PLACE SHOWN BELOW:

DATE AND TIME: August 23, 2023, 9:00 a.m.

PLACE: Collier County School Board Office 5775 Osceola Trail Naples, FL 34109

THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Amber Gibbens, System Project Coordinator, Division of Early Learning, [phone] or [e-mail].

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

6M-8.201 Child Enrollment Procedure for the Voluntary Prekindergarten (VPK) Education Program.

(1) Child Rregistration.

(a) A parent wishing to register a child in the Voluntary Prekindergarten Education Program must complete and submit Form DEL-VPK 01 (November 2021), titled Voluntary Prekindergarten (VPK) Education Program Child Application, through the single point of entry (known as the Family Portal) established under Section 1002.53, Florida Statutes (F.S.), and available at the following web address: https://familyservices.floridaearlylearning.com using personal means or with assistance available at an early learning coalition. Form DEL-VPK 01 (November 2021) is hereby incorporated by reference and a copy may be obtained as provided in Rule 6M-8.900, F.A.C., or at: (http://www.flrules.org/Gateway/reference.asp?No=Ref-13843).

(b) Beginning with the 2022-2023 program year, Aa parent wishing to register a child in the Voluntary Prekindergarten (VPK) Education Program must complete and submit Form DEL-VPK 01A (September 2023 November 2021), titled Voluntary Prekindergarten (VPK) Education Program Child Application, through the single point of entry (known as the Family Portal) established under Section 1002.82 1002.53, F.S., and available at the following web address: https://familyservices.floridaearlylearning.com using personal means or with assistance available at an early learning coalition. Form DEL-VPK 01A (November 2021), is hereby incorporated by reference, and a copy may be obtained as provided in Rule 6M-8.900, F.A.C., or at: (http://www.flrules.org/Gateway/reference.asp?No=Ref-13844).

(2) Handbook. The Voluntary Prekindergarten Handbook, Form DEL-VPK 07 (September 2023 November 2021), is hereby incorporated by reference, (insert new web link http://www.flrules.org/Gateway/reference.asp?No=Ref-13845), and is available at the following website: https://familyservices.floridaearlylearning.com.

(2)(3) Documenting Determining Eeligibility. A parent will upload documentation to the Family Portal to prove each child’s eligibility. The early learning coalition will review information submitted through the Family Portal to determine each child’s eligibility. A child who resides in Florida and attains the age of 4 years old on or before September 1 of the program year is eligible to attend the VPK Program that program year. Additionally, a child who resides in Florida and attains the age of 4 between February 2 and September 1 may attend the VPK Program either that program year or the subsequent program year. A child cannot attend the VPK Program more than one program year unless granted a reenrollment under Rule 6M-8.210, F.A.C. A child is not eligible for the VPK Program once he or she has been admitted to kindergarten.

(a) Age Eeligibility. The early learning coalition must shall determine if a child is eligible based on the age requirement in Section 1002.53, F.S., by accepting the following documents showing the child’s name and date of birth:

1. An original or certified copy of the child’s birth record filed according to law with the appropriate public officer;

2. through 6. No change.

7. If no supporting documents listed in subparagraphs (2)(a)(1)(b)1.-6., above, are available, a coalition may accept a parent’s notarized affidavit of the child’s age accompanied by a letter on official letterhead signed by a public health officer or physician stating that the child’s age shown in the affidavit is true and correct.

(b) Residential Eligibility. To be eligible for the VPK Program, a child must reside in Florida. The early learning coalition must shall keep a record of at least one of the following supporting documents that shows the name and residential address of a parent with whom the child resides:

1. Utility bill (electric, gas, water), cable, internet, home or cellular phone bill dated within 12 months of the date the child application is submitted;

2. through 4. No change.

5. Military order showing that the child’s parent is a service member in the United States Armed Forces and is assigned to duty in Florida when the child attends the VPK Pprogram;

6. Federal government order showing that the child’s parent is a federal employee assigned to work in Florida when the child attends the VPK Pprogram;

7. No change.

8. If no supporting documents listed in subparagraphs (2)(b)1.-7., above, are available, a coalition may accept a notarized affidavit from the child’s parent accompanied by a letter from a landlord, property owner, or property leasee which confirms that the child resides at the address shown in the affidavit; or

9. If no supporting documents listed in subparagraphs (2)(b)1.-8., above, are available for a child who is experiencing homelessness, as defined in Section 1003.01(12), F.S., a coalition must shall document residency based on other supporting documents showing that the child who is experiencing homelessness and resides in Florida (for example, but not limited to,; letter from a homeless shelter, homeless referral, student residency questionaire issued by the local school district, or notarized statement from the child’s parent).

(c) Eligibility for VPK Specialized Instructional Services. Eligibility for VPK Specialized Instructional Services (VPK SIS), in lieu of a school-year or summer traditional VPK education program, requires that the child must have a disability and a current individual educational plan (IEP) developed by the local school board or local education agency district. The early learning coalition must shall keep a record of the child’s IEP, and ensure that the VPK Specialized Instructional Services sought are consistent with the child’s IEP. Rule 6M-8.500, F.A.C., sets forth the requirements for participation in VPK SIS Specialized Instructional Services.

(3)(4) Early Learning Coalition Responsibilities.

(a) The early learning coalition will review documentation submitted by the parent via the Family Portal to, determine the eligibility of each child for the VPK Program, and manage the eligibility process through the Family Portal.

(b) When the early learning coalition has verified the eligibility of a child for the VPK Program, and the provider has enrolled the child in its their VPK program, the a coalition must complete the a child’s enrollment in the statewide information system by recording an association between the child and the child’s VPK provider.

(c) The early learning coalition must provide shall assist all parents enrolling a child in the VPK Pprogram who contact the early learning coalition with available information to help the parent make informed child care decisions. This information may be provided in person, by telephone, or electronically and must shall include:

1. Information about tThe VPK Voluntary Prekindergarten Education Program and the different program types Handbook.

2. Information about different VPK program types.

23. An early learning provider performance profile as described in Section 1002.92(3), F.S., for every VPK provider within the county where the child is being enrolled, in accordance with Section 1002.53(5), F.S.

(d)(e) The early learning coalition must shall make available the use of technology at the early learning coalition or contracted service provider to all parents who present themselves requesting assistance with completing the Voluntary Prekindergarten (VPK) Education Program Child Application (Form DEL-VPK 01 or Form DEL-VPK 01A) on the Family Portal.

(4)(5) Enrollment. A VPK provider may only enroll a child in the VPK Program or VPK SIS program after the early learning coalition determines that the child is eligible for the program. A VPK provider must shall collect Form DEL-VPK 02, titled Child Certificate of Eligibility (September 2023 November 2021), or Form DOEL-VPK 04, Certificate of Eligibility for Reenrollment (September 2023), as incorporated by reference in Rule 6M-8.210, F.A.C., from the child’s parent. Both forms are generated by the Family Portal after the early learning coalition determines the child is eligible. A VPK provider will complete enrollment by entering the child’s enrollment information, including the VPK certificate number, in the Provider Portal for coalition review and approval. Upon request, tThe VPK provider must shall complete the remainder of the Fform DEL-VPK 02, Child Certificate of Eligibility (September 2023) or Form DEL-VPK 04, Certificate of Eligibility for Reenrollment (September 2023) with the child’s parent, maintain a completed copy of the form, and submit verification of the completed form to the early learning coalition to finalize the child’s enrollment with that VPK provider. Form DEL-VPK 02, is hereby incorporated by reference, and a copy may be obtained as described in Rule 6M-8.900, F.A.C., or at (http://www.flrules.org/Gateway/reference.asp?No=Ref-13846).

(a) For children enrolling in to the VPK SIS program, an parents, early learning coalitions, and VPK SIS providers must will adhere to the requirements in the Rule 6M-8.500, F.A.C.

(b) A coalition must allow a VPK provider to enroll a child who resides in a Florida county other than the county where the provider’s VPK site is located. If the county listed on Form DEL-VPK 02 or Form DOEL-VPK 04 is different than the county where services will be provided, the early learning coalitions must shall coordinate to change the county of services on the child’s application in the Family Portal to the correct county (if the child has not yet attended the VPK Program). After eligibility for the VPK Pprogram is determined by a an early learning coalition, no further resubmission or reverification of age and residential eligibility documentation is required.

(c) No change.

(d) A coalition, upon receipt of a the completed or verification of the completed Form DEL-VPK 02 or Form DOEL-VPK 04, must shall complete a child’s enrollment in the statewide information system by recording an association between the child and the child’s selected VPK provider.

(e) For parents requesting to reenroll his or her child in the VPK Pprogram, parents, early learning coalitions, and VPK providers must shall adhere to the requirements in Rule 6M-8.210, F.A.C.

Rulemaking Authority 1001.02(1)(n) 1001.73(2)(d)1., 1002.79 FS. Law Implemented 1002.53(4), (5), 1002.73(2)(d)1., 1002.82(2)(9)(n) FS. History–New 1-19-06, Amended 5-24-07, Formerly 60BB-8.201, Amended 1-1-15, 7-28-16, 3-20-17, 11-23-21,                  .

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Amber Gibbens, System Project Coordinator, Division of Early Learning.

NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Manny Diaz Jr., Commissioner, Department of Education.

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: July 17, 2023

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: June 21, 2023