The proposed rule revision updates the Statewide Provider Agreement to a Statewide Provider Contract, and adds statutorily required components to the contract.

 

DEPARTMENT OF EDUCATION

Florida's Office of Early Learning

RULE NO.:RULE TITLE:

6M-8.301Statewide Provider Agreement for the VPK Program

PURPOSE AND EFFECT: The proposed rule revision updates the Statewide Provider Agreement to a Statewide Provider Contract, and adds statutorily required components to the contract.

SUMMARY: Statewide VPK 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.

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), 1002.61(3)(b), 1002.63(3)(b), 1002.75(1) 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:

DATE AND TIME: Monday, September 22, 2014; 3:00 p.m. – 4:00 p.m. or at the conclusion of business whichever is earlier

PLACE: Via GoToWebinar; registration for the webinar is found at: https://attendee.gotowebinar.com/register/8522603059658608898 or information regarding the webinar is also 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: Tara Huls; [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: Tara Huls, Bureau Chief, 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 Agreement for the VPK Program.

(1) Early learning coalitions may not execute a provider contract with a VPK provider before the VPK provider has registered with the coalition and the coalition has determined the VPK provider’s eligibility to offer VPK services in accordance with Rule 6M-8.300, F.A.C

(2)(1) Beginning with the 2015 Summer VPK Program, all VPK providers 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. An early learning coalition may not pay a VPK provider which registers to offer the VPK program on or after January 1, 2011, except under a provider agreement with the coalition. 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. A VPK provider may not offer VPK services or instruction until the VPK provider receives notice of its eligibility to offer the VPK program. The coalition shall notify a VPK provider of its eligibility to offer the VPK program by sending a copy of a provider agreement which has been signed by the VPK provider and its early learning coalition.

(3) The “State of Florida Statewide Voluntary Prekindergarten Provider Contract (Form OEL-VPK 20)” dated  August 2014 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 <placeholder for FAR reference materials link>

(4) The “State of Florida Statewide Voluntary Prekindergarten Provider Contract Private Provider Attachment (Form OEL-VPK 20PP)” dated August 2014 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: <placeholder for FAR reference materials link>.

(5) The “State of Florida Statewide Voluntary Prekindergarten Provider Contract Public School Attachment (Form OEL-VPK 20PS)”, dated August 2014, 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: <placeholder for FAR reference materials link>.

(6)(2) A coalition shall keep a fully executed copy of a provider contract agreement in the coalition’s records on the VPK provider. A 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 a VPK provider may omit, supplement, or amend the terms and conditions of the Voluntary Prekindergarten Provider Contract. Neither a coalition nor a VPK provider may include any attachments, addenda, or exhibits to the Voluntary Prekindergarten Provide Contract except “State of Florida Statewide Voluntary Prekindergarten Provider Contract Private Provider Attachment (Form OEL-VPK 20PP)” and “State of Florida Statewide Voluntary Prekindergarten Provider Contract Public School Attachment (Form OEL-VPK 20PS)”.

(3) A provider agreement shall contain identical terms and conditions as Form OEL-VPK 20 (Statewide Provider Agreement), dated April 30, 2010, which is hereby incorporated by reference and may be obtained as described in Rule 6M-8.900, F.A.C. A provider agreement may not omit, supplement, include attachments, addenda or exhibits, or amend the terms and conditions of Form OEL-VPK 20, unless:

(a) The coalition submits the agreement to the Office of Early Learning in writing; and

(b) The Director for Florida’s Office of Early Learning approves the agreement before a coalition and a VPK provider execute the agreement.

(4) Early learning coalitions may not execute a provider agreement with a VPK provider before the VPK provider has registered on forms prescribed by the Agency for Workforce Innovation and the coalition has determined the VPK provider’s eligibility to offer VPK services in accordance with Rule 6M-8.300, F.A.C.

Rulemaking Authority 1001.213(2), 1002.75(1), 1002.79(2) FS. Law Implemented 1002.55(3)(i)(h), 1002.61(3)(b)(8)(a), 1002.63(3)(b)(8)(a), 1002.75(1), 1002.91 (5), (7) FS. History–New 8-17-06, Amended 5-24-07, 12-21-10, Formerly 60BB-8.301. Amended____________.

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Tara Huls, Bureau Chief, Voluntary Prekindergarten Education Program

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

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: August 25, 2014

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: April 23, 2014 and June 18, 2014