The proposed revisions update the rule and the contract to comply with statutory mandate.

 

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 proposed revisions update the rule and the contract to comply with statutory mandate.

SUMMARY: The rule and incorporated forms outline school readiness provider eligibility requirements to deliver the school readiness program.

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 office's economic analysis of the adverse impact or potential regulatory costs of the proposed rule does not exceed any of the criteria established in s. 120.541(2)(a), F.S.

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), 1002.87(2), 1002.88, 1002.91, 1002.97(3) FS.

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

DATE AND TIME: Thursday, September 13, 2018, 4:00 p.m. – 5:00 p.m. ET, or at the conclusion of business whichever is earlier.

PLACE: via GoToWebinar only. To register for the webinar, please visit: http://www.floridaearlylearning.com/statewide_initiatives/laws_and_rules/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 48 hours before the workshop/meeting by contacting: Katerina Maroney [phone]; [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: Katerina Maroney, School Readiness Policy Supervisor, Office of Early Learning, 250 Marriott Dr., 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) General Provisions.

(a) The Statewide School Readiness Provider Contract, Form OEL-SR 20 with exhibits 1 through 5 (November, 2018 October, 2016), is hereby adopted and incorporated by reference. Form OEL-SR 20L entitled “Licensed Provider Responsibilities” (October, 2016), Form OEL-SR 20LE entitled “License Exempt Provider Responsibilities” (November, 2018 October, 2016), Form OEL-SR 20FFN entitled “Informal Provider Responsibilities” (October, 2016), and Form OEL-SR 20A entitled “School Readiness Provider Contract Amendments” (November, 2018October, 2016) 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: http://www.flrules.org/Gateway/reference.asp?No=Ref-07583.

(b) No change.

(c) This contract shall not be effective until on or after By July 1, 2019 2017, 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.

(d) No change.

(e) An early learning coalition shall not pay a new School Readiness (SR) Program provider, which registers to offer the SR Program on or after January 1, 2017, 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.

(f) A coalition shall keep the original fully executed Statewide School Readiness Provider Contract in the coalition’s records for each SR provider. An early learning coalition shall may execute and retain this contract electronically in compliance with Section 668.50, F.S., the Uniform Electronic Transaction Act.

(g) No change.

(2) No change.

(3) School Readiness Program Ineligibility. For the purpose of this subsection “individual associated with a provider” means an individual or family member of an individual who, regardless of compensation, holds a management position, oversees the operations of a provider, or is an officer, shareholder, beneficial owner or member of the board of directors of a provider. A provider shall not be eligible to contract to offer the SR program if any of the following circumstances apply:

(a) The early learning coalition may refuse to contract with a SR provider or revoke a SR provider’s eligibility to deliver the School Readiness Program if the provider has been cited for a Class 1 violation by the Department of Children and Families (DCF) in accordance with Rule 65C-22.010 or 65C-20.012, F.A.C. (as applicable to the provider type) or local licensing agency (as applicable to the provider location). Action taken by a coalition to revoke a provider’s eligibility must be consistent with Section 1002.88(2)(b) in that the revocation is for a period of five (5) years. If the coalition chooses to implement this provision the coalition must develop policies and procedures to ensure the standard is applied consistently to all potential and current SR program providers. Each coalition shall;

1. Develop policy and procedures that are written and made available to all providers or potential providers.

2. Document all actions taken by the coalition to remove a SR provider from the program or revoke a provider’s eligibility.

3. Ensure providers are offered due process as described in Form OEL-SR 20.

(b)(a) The provider is on the United States Department of Agriculture National Disqualified List;

(c)(b) An individual associated with the provider was, or is, associated with another provider that is on the United States Department of Agriculture National Disqualified List;

(d)(c) The provider has been terminated from participation in the program due to fraud and is currently not eligible to participate in the school readiness program;

(e)(d) An individual associated with the provider was, or is, associated with another provider that has been terminated from participation in the program due to fraud and is currently not eligible to participate in the school readiness program;

(f)(e) The provider is currently ineligible to participate in the program pursuant to Section 1002.88(2), F.S.

(g)(f) An individual associated with the provider was or is associated with another provider that is currently ineligible to participate in the program pursuant to Section 1002.88(2), F.S.

(h)(g) For multi-site providers, such as corporate chains or school districts, School Readiness program ineligibility identified in paragraphs (f) (e) and (g) (f) above, is per site and may not apply to all locations unless specifically determined otherwise by the coalition. In determining ineligibility of multi-site providers, the coalition shall consider the following factors: the severity of the provider’s actions leading to the ineligibility, the health, safety and welfare of children enrolled at the provider sites, the financial impact of the provider’s actions, the impact that ineligibility would have upon the local community, consistency with coalition’s actions against other providers for similar violations of the Contract or program requirements, the length of time that provider provided services under the contract with the coalition, and whether the provider had previously violated the terms of the Contract and prior contracts with the coalition.

(4) No change.

Rulemaking Authority 1001.213(2), 1002.82(2)(m) FS. Law Implemented 1002.82(2)(m), (6), 1002.82, 1002.84(8), (10), (15), (17), 1002.85(2)(h), 1002.87(2), 1002.88, 1002.91, 1002.97(3) FS. History–New 2-18-15, Amended 12-18-16, _________.

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Katerina Maroney, School Readiness Policy Supervisor

NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Rodney J. MacKinnon, Executive Director

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: August 21, 2018

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: July 10, 2018