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), 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 (IF NOT REQUESTED, THIS HEARING WILL NOT BE HELD):

DATE AND TIME: September 26, 2016, 3:00 p.m. – 4:00 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: Tara Huls, Bureau Chief, Voluntary Prekindergarten Education Program; 250 Marriott Drive, Tallahassee, FL 32399; [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 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) Beginning with the 2015 2017-2018 Summer VPK Program Year, aAll 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. 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.

(3) The “State of Florida Statewide Voluntary Prekindergarten Provider Contract (Form OEL-VPK 20)” dated October 2016August 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 http://www.flrules.org/Gateway/reference.asp?No=Ref-05192_______________________________________.

(4) The “State of Florida Statewide Voluntary Prekindergarten Provider Contract Private Provider Attachment (Form OEL-VPK 20PP)” dated October 2016 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: http://www.flrules.org/Gateway/reference.asp?No=Ref-05192_______________________________________.

(5) The “State of Florida Statewide Voluntary Prekindergarten Provider Contract Public School Attachment (Form OEL-VPK 20PS)”, dated October 2016 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: http://www.flrules.org/Gateway/reference.asp?No=Ref-05192_______________________________________.

(6) Before VPK services are delivered by a provider, the VPK provider and A the coalition shall keep a fully executed copy of a the pProvider cContract and the appropriate private or public provider attachment in the coalition’s records on the VPK provider. A coalition shall 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 or. Neither a coalition nor a VPK provider may include any attachments, addenda, or exhibits to the Voluntary Prekindergarten Provider Ccontract except described in this subsection. "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)” 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 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 _________________________________. Form OEL-VPK 20A shall be executed by both the coalition and the VPK provider.

(8) 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 VPK program if any of the following circumstances apply:

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

(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;

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

(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 VPK program.

(9) Transfer of ownership. In the event of a change of ownership, sale, sale of assets, conveyance of ownership or other transfer of ownership interest, the provider shall notify the coalition no later than 30 calendar days prior to the transfer of ownership.  The coalition and the new owner shall execute a new contract for VPK services, provided the new owner meets the eligibility requirements of Sections 1002.55, 1002.61, and 1002.63, F.S., and is not disqualified from contracting pursuant to subsection (8) of this rule.

(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                                                             .

Rulemaking Authority 1001.213, 1002.75, 1002.79 FS. Law Implemented 1002.55(3)(i), 1002.61(3)(b), 1002.63(3)(b), 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 4-9-15, _______.

 

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Tara Huls, Bureau Chief, 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 29, 2016

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: August 8, 2016