To update the incorporated forms’ nomenclature, provide clarifying language, and added parent acknowledgement language to Form.

 

DEPARTMENT OF EDUCATION

Division of Early Learning

RULE NO.:RULE TITLE:

6M-8.210Reenrollment in the Voluntary Prekindergarten Education Program

PURPOSE AND EFFECT: To update the incorporated forms’ nomenclature, provide clarifying language, and added parent acknowledgement language to Form.

SUMMARY: The proposed rule establishes the child reenrollment procedures for the VPK program including what documents must be submitted to determine child eligibility for enrollment in the VPK program and the early learning coalition responsibilities for determining child eligibility and managing the eligibility process in their regions. The proposed rule provides specific VPK program eligibility details for families, providers, 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: Based upon the nature of the change, 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(2)(n), 1002.79, F.S.

LAW IMPLEMENTED: 1002.71(4), 1002.73(2)(d)1., 1002.73(2)(d)9., 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-8.210 Reenrollment in the Voluntary Prekindergarten (VPK) Education Program.

(1) Definitions. As used in this rule:

(a) No change.

(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 Rreenrollment Cconditions:

(a) No change.

(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 does 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 with in multiple VPK providers classes.

(d) The following circumstances that occur before a VPK program’s scheduled instruction hours have completed do not constitute a reenrollment for a child under this rule:

1. When the VPK 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 services 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 Ggood Ccause Wwithin Ssame VPK Pprogram Ttype. “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 may 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 be met 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. No change.

3. The child’s parent completes and submits the Form DEL-VPK 05, Reenrollment Application, Form OEL-VPK 05 (September 2023 May 2016), on https://familyservices.floridaearlylearning.com by using personal means or with assistance available at an early learning coalition. The Reenrollment Application, Form DOEL-VPK 05, (September 2023 May 2016) is hereby incorporated by reference, rule and a copy may be obtained at as described in Rule 6M-8.900, F.A.C. [http://www.flrules.org/Gateway/reference.asp?No=Ref-07036]; and,

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

a. No change.

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. through d. No change.

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

f. through g. No change.

h. The VPK provider’s designation as a provider on probation under Section 1002.68 1002.67, F.S.;

i. Any condition described as an extreme hardship in subsection paragraph (4) of this rule 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 Pprogram.

(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 be met 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. No change.

3. The child’s parent completes and submits the Reenrollment Application, Form OEL-VPK 05 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 is must be applicable to the child (with supporting documentation):

a. A change in the child’s residence that extended the child’s round-trip to and from the VPK provider 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 in, 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 to and from the VPK provider 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, as supported by verifiable documentation (for example, proof of current military deployment);

e. The termination of the child’s VPK class, in into which the child was reenrolled, as confirmed and documented by the early learning 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 VPK provider is found to have committed a Class I Violation as defined in Rule 65C-22.010 or 65C-20.012, F.A.C. (as applicable to the provider type), as documented by the Department of Children and Families or local licensing agency on official letterhead or from a CCIS screen print;

g. A serious injury to the child that occurred at the VPK 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. through i. No change.

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

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

(4) Reenrollment for Eextreme Hhardship In into a VPK Ssummer Pprogram. “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 reenrolls enrolls with another a VPK provider during a summer VPK program.; Ffor 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 the his or her initial VPK provider, and reenroll at another VPK provider in a summer VPK program, and be reported as a full FTE student, if the child is granted a primary reenrollment due to extreme hardship under this paragraph. The following criteria must be met 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. No change.

3. The child’s parent completes and submits the Reenrollment Application, Form OEL-VPK 05 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 is 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 Chapter 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 VPK provider’s removal from eligibility to offer the VPK program, as documented by the early learning coalition;

c. No change.

d. The VPK 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 VPK provider’s inability to meet the child’s health needs, as documented by a physician licensed under Chapter 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. No change.

(b) Subsequent reenrollment exemption due to extreme hardship. A child may reenroll with into a VPK provider, and subsequently withdraw and reenroll with at another VPK provider in a summer VPK program, and be reported as a full FTE student, if the child is granted a subsequent reenrollment due to extreme hardship under this paragraph. The following criteria must be met 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. No change.

3. The child’s parent completes and submits the Reenrollment Application, Form OEL-VPK 05 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. is must be applicable to the child (with supporting documentation).

(5) Reenrollment for Cchildren in the VPK Specialized Instructional Services (SIS) Program. Changing VPK SIS providers while enrolled in the SIS program type does not constitute a reenrollment under this rule. A child may reenroll under subsections (3) or (4) of this rule in into a VPK SIS program from a school-year or summer program type, or from a VPK SIS program to into a school-year or summer program type, as applicable. However, a child may shall not reenroll from a 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 will 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 in into a subsequent program year, as defined in subsection (6) of this rule.

(6) Reenrollment Iinto a Subsequent Program Year.

(a) A child may only reenroll in 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 Section 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 subsections (3) or (4) of this rule.

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

(7) Early Llearning Ccoalition Rresponsibilities.

(a) The early learning coalition must shall review and process reenrollment applications submitted on https://familyservices.floridaearlylearning.com. Upon determination that a child may be granted a reenrollment under in accordance with this rule, the early learning coalition must shall approve the reenrollment application which will generate Form OEL-VPK 04 (May 2016), titled a Certificate of Eligibility for Reenrollment, Form DEL-VPK 04 (September 2023). Form DOEL-VPK 04 (May 2016) is hereby incorporated by reference, rule and a sample copy may be obtained at as described in Rule 6M-8.900, F.A.C. [http://www.flrules.org/Gateway/reference.asp?No=Ref-07035].

(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 must shall coordinate to process the reenrollment application.

(c) If a child’s reenrollment request involves a change of guardianship, the early learning coalition must 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 1001.02(2)(n), 1002.71(4), 1002.75(2)(a), 1002.75(2)(i), 1002.79 F.S. Law Implemented 1002.53(2), 1002.73(2)(d).1, 1002.71(4), 1002.75(2)(a), (i) F.S. History–New 12-21-10, Formerly 60BB-8.210, Amended 7-28-16,                .

 

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