The proposed rule revision updates the Statewide Provider Contract.

 

DEPARTMENT OF EDUCATION

Florida’s Office of Early Learning

RULE NO.:RULE TITLE:

6M-8.301Standard Statewide Provider Contract for the VPK Program

PURPOSE AND EFFECT: The proposed rule revision updates the Statewide Provider Contract.

SUMMARY: The revised rule will update the components of the 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 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: This rule is required by statute to establish a contract that all VPK providers must sign. By signing the contract and offering services, the providers will be paid for VPK services rendered through the program.

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), 1002.75(1), 1002.79 FS.

LAW IMPLEMENTED: 1002.55(3)(i),(5), 1002.61(3)(b), 1002.63(3)(b), 1002.67(4)(b), 1002.75(1),(3)(c) 1002.91(5), (7) 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: September 13, 2018; 2:00 p.m. – 3:00 p.m. or at the conclusion of business whichever is earlier

PLACE: Via GoToWebinar; Information regarding the webinar is available at: 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: Shana Beiro; [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: Shana Beiro, Program Specialist IV, Voluntary Prekindergarten Education Program; 250 Marriott Drive, Tallahassee, FL 32399; [phone]; [e-mail]

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

6M-8.301 Standard Statewide Provider Contract for the VPK Program.

(1) No change.

(2)(a) Beginning with the 2017-2018 VPK Program Year, all All VPK providers that which register to offer the VPK program must execute Form OEL-VPK 20, including either Form OEL-VPK 20PP or Form OEL-VPK 20PS as appropriate. A coalition must be a party to a provider agreement. A school district may sign a single provider agreement on behalf of all public school VPK providers in the district. The owner or manager of multiple private VPK providers may sign a single provider agreement on behalf of all of his or her private VPK providers.

(b) Beginning with the 2018-2019 VPK Program Year, all providers that register to offer the VPK program must submit all forms adopted by this rule on the Statewide Information System (known as the Provider Portal) and found at https://providerservices.floridaearlylearning.com. Public school districts may print completed documents from the Provider Portal for the purpose of having original signatures if required by the local school board; however, no changes may be made to Form OEL-VPK 20.

(3) The “State of Florida Statewide Voluntary Prekindergarten Provider Contract (Form OEL-VPK 20)” dated October 2018 2016, is hereby adopted and incorporated by reference. All VPK providers, private or public school, must execute this document to deliver the VPK program. The incorporated form is available from the Office of Early Learning, 250 Marriott Drive, Tallahassee, FL 32399 or at http://www.flrules.org/Gateway/reference.asp?No=Ref_______  http://www.flrules.org/Gateway/reference.asp?No=Ref-07578.

(4) The “State of Florida Statewide Voluntary Prekindergarten Provider Contract Private Provider Attachment (Form OEL-VPK 20PP),” dated October 2018 2016, is hereby adopted and incorporated by reference. This attachment becomes part of the contract for all private providers that execute the contract adopted in subsection (3). The incorporated form is available from the Office of Early Learning, 250 Marriott Drive, Tallahassee, FL 32399 or at: http://www.flrules.org/Gateway/reference.asp?No=Ref- http://www.flrules.org/Gateway/reference.asp?No=Ref-07579.

(5) The “State of Florida Statewide Voluntary Prekindergarten Provider Contract Public School Attachment (Form OEL-VPK 20PS),” dated October 2018 2016, is hereby adopted and incorporated by reference. This attachment becomes part of the contract for all public schools that execute the contract adopted in subsection (3). The incorporated form is available from the Office of Early Learning, 250 Marriott Drive, Tallahassee, FL 32399 or at: http://www.flrules.org/Gateway/reference.asp?No=Ref-______  http://www.flrules.org/Gateway/reference.asp?No=Ref-07580.

(6) No change.

(7) Neither a coalition nor a VPK provider may omit, supplement, or amend the terms and conditions of the Provider Contract or include any attachments, addenda, or exhibits to the contract except described in this subsection. Form OEL-VPK 20PP and Form OEL-VPK 20PS are approved attachments to the provider contract. The coalition and VPK provider may agree to amend the provider contract if the specific type of amendment is identified on Form OEL-VPK 20A (October 2018 2016), titled Amendment to Statewide Voluntary Prekindergarten Provider Contract, which is hereby incorporated by reference. The incorporated form is available from the Office of Early Learning, 250 Marriott Drive, Tallahassee, FL 32399 or at http://www.flrules.org/Gateway/reference.asp?No=Ref-______ http://www.flrules.org/Gateway/reference.asp?No=Ref-07581. Form OEL-VPK 20A shall be executed by both the coalition and the VPK provider.

(8) No change. 

(9) No change.

(10) The early learning coalition may refuse to contract with a VPK provider or revoke a VPK provider’s eligibility to deliver the Voluntary Prekindergarten Education Program if the prekindergarten provider has been cited for a Class I 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 1002.67(4)(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 VPK program providers. Each coalition shall;

(a) Develop policy and procedures that are written and made available to all providers or potential providers. The policies and procedures developed must state the time period for violations considered.

(b) Document all actions taken by the coalition to remove a VPK provider from the program or revoke a provider’s eligibility.

(c) Ensure providers are offered due process as described in paragraph 60 of Form OEL-VPK 20.

(11)(10) Form OEL-VPK 20B (October 2016), titled VPK Logotype Usage and Brand Guidelines, is hereby incorporated by reference. The incorporated form is available from the Office of Early Learning, 250 Marriott Drive, Tallahassee, FL 32399 or at http://www.flrules.org/Gateway/reference.asp?No=Ref-07582.

Rulemaking Authority 1001.213, 1002.79 FS. Law Implemented 1002.55(3)(i),(5), 1002.61(3)(b), 1002.63(3)(b), 1002.67(4)(b), 1002.75(1),(3)(c) 1002.91(5), (7) FS. History–New 8-17-06, Amended 5-24-07, 12-21-10, Formerly 60BB-8.301, Amended 4-9-15, 12-18-16. _____________

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Shana Beiro, Program Specialist IV, Voluntary Prekindergarten Education Program

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

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: August 17, 2018

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: July 2, 2018