The purpose of the proposed rule is to adopt a contract to be used statewide that will be the contractual agreement between the early learning coalition and a school readiness provider setting forth the duties and responsibilities of the provider ...

 

DEPARTMENT OF EDUCATION

Florida’s Office of Early Learning

RULE NO.:RULE TITLE:

6M-4.610Statewide Provider Contract for the School Readiness Program

PURPOSE AND EFFECT: The purpose of the proposed rule is to adopt a contract to be used statewide that will be the contractual agreement between the early learning coalition and a school readiness provider setting forth the duties and responsibilities of the provider and the early learning coalition. The Office of Early Learning is mandated by statute to adopt.

SUMMARY: Statewide School Readiness Provider Contract.

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.

Regarding Rule 6M-4.610, F.A.C., it is estimated that, over the course of five years, this rule will have a total cost impact of approximately $ 331,390. This estimate is based on the estimated time for a provider to review and execute this contract and the estimated number of effected providers.

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)(m) FS.

LAW IMPLEMENTED: 1002.82(2)(m), (6), 1002.84(7), (8), (10), (15), (17), 1002.85(2)(h), 1002.87(2), 1002.88, 1002.91, 1002.97(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: Monday, September 8, 2014, 3:00 p.m. ‒ 4:00 p.m. or at the conclusion of business whichever is earlier

PLACE: Via WebEx only; WebEx link and call in telephone number may be found at the following website:

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 7 days before the workshop/meeting by contacting: Judy Jones, [phone] or [e-mail]. 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: Lauri Goldman, 250 Marriott Drive, Tallahassee, Florida 32399, [phone], [e-mail]

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

6M-4.610 Statewide Provider Contract for the School Readiness Program.

(1) The Statewide School Readiness Provider Contract, Form OEL-SR 20 with exhibits 1 through 5 (August 2014), is hereby adopted and incorporated by reference. Form OEL-SR 20L entitled “Licensed Provider Responsibilities” (August 2014), Form OEL-SR 20LE entitled “License Exempt Provider Responsibilities” (August 2014) and Form OEL-SR 20FFN entitled “Informal Provider Responsibilities” (August 2014) are hereby adopted and incorporated by reference. A copy of Form OEL-SR 20 including exhibits 1 through 5, Form OEL-SR 20FFN, OEL-SR 20LE and   OEL-SR 20L may be obtained at http://www.floridaearlylearning.com/oel_resources/rules_guidance_technical_assistance.aspx

or from the Office of Early Learning, 250 Marriott Drive, Tallahassee, FL 32399. The incorporated forms are also available at: <placeholder for FAR reference materials link>.

(2) An early learning coalition may not pay a School Readiness (SR) Program provider, which registers to offer the SR Program on or after the effective date of this rule, except under the Statewide School Readiness Provider Contract adopted herein with the coalition. A coalition must be a party to a Statewide School Readiness Provider Contract.

(3) By July 1, 2015, all SR providers that register to offer the SR Program must execute Form OEL-SR-20 including exhibits 1 through 5, and Form OEL-SR 20FFN, OEL-SR 20LE or OEL-SR 20L.

(4) The Statewide School Readiness Provider Contract shall be in effect for a term of one year. A school district may sign a single Statewide School Readiness Provider Contract on behalf of all public schools in the district offering the SR Program. The owner, officer, principal or other authorized representative of multiple private child care providers may sign a single Statewide School Readiness Provider Contract on behalf of all of his or her private providers within an early learning coalition service area in which it operates.

(5) To request participation in the SR Program, a provider must complete and execute a copy of the Statewide School Readiness Provider Contract and submit all required documentation as indicated in the Statewide School Readiness Provider Contract to the early learning coalition under which the provider will operate. Upon determination that a provider is eligible to participate in the SR Program, an early learning coalition shall complete and execute the Statewide School Readiness Provider Contract which has been executed by the provider.

(6) An early learning coalition that determines a provider is eligible to offer the SR Program shall forward a copy of the fully executed Statewide School Readiness Provider Contract to the SR provider to inform the provider of its eligibility to offer the SR Program. A coalition shall keep the original fully executed Statewide School Readiness Provider Contract in the coalition’s records on the SR provider. An early learning coalition may execute and retain this contract electronically in compliance with Section 668.50, F.S., the Uniform Electronic Transaction Act.

(7) Neither a coalition nor an SR provider may omit, supplement or amend the terms and conditions of the Statewide School Readiness Provider Contract. Neither a coalition nor an SR provider may include any attachments, addenda or exhibits to the Statewide School Readiness Provider Contract except Exhibit 1 (Provider Location List), Exhibit 2 (Required Documentation), Exhibit 3 (Provider Reimbursement Rates), Exhibit 4 (Holiday Schedule), Exhibit 5 (Due Process Procedures), Form OEL-SR 20L (Licensed Provider Responsibilities), Form OEL-SR 20LE (License Exempt Provider Responsibilities) and Form OEL-SR 20FFN (Informal Provider Responsibilities).

Rulemaking Authority 1001.213(2), 1002.82(2)(m) FS. Law Implemented 1002.82(2)(m), (6), 1002.82, 1002.83(7), 1002.84(8), (10), (15), (17), 1002.85(2)(h), 1002.87(2), 1002.88, 1002.91, 1002.97(3) FS. History–New____________.

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Margaret O’Sullivan Parker, General Counsel

NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Shan Goff, Executive Director

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: August 13, 2014

DATE NOTICES OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: March 25, 2014, April 3, 2014 and June 18, 2014