The purpose of the proposed rule is to amend the current rules to incorporate updated forms by reference in order to reduce administrative burdens on early learning coalitions and Voluntary Prekindergarten Education (VPK) Program providers.

DEPARTMENT OF MANAGEMENT SERVICES
Agency for Workforce Innovation

Rule No.: RULE TITLE
60BB-8.300: Provider and Class Registration Procedures; Application; Eligibility Determination
60BB-8.301: Statewide Provider Agreement for the VPK Program
PURPOSE AND EFFECT: The purpose of the proposed rule is to amend the current rules to incorporate updated forms by reference in order to reduce administrative burdens on early learning coalitions and Voluntary Prekindergarten Education (VPK) Program providers.
SUMMARY: The proposed amendments incorporate by reference the revised Form AWI-VPK 20 (Statewide Provider Agreement), form AWI-VPK 10 (Statewide Provider Registration Application), and form AWI-VPK 11 (Class Registration Application). The proposed amendments also incorporate recommendations made by the Florida Auditor General. These amendments include revisions made for the purpose of reducing paperwork, clarifying program requirements, and ensuring providers receive notification of eligibility to offer the VPK program prior to providing any VPK instruction.
SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS: No Statement of Estimated Regulatory Cost was prepared.
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.
SPECIFIC AUTHORITY: 1002.79(2) FS.
LAW IMPLEMENTED: 1002.55(3), (4), 1002.61(4), (8)(a), 1002.63(3)-(6), (9)(a), 1002.75 FS.
IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE SCHEDULED AND ANNOUNCED IN FAW.
THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Kristin R. Harden, Assistant General Counsel, Agency for Workforce Innovation, Office of General Counsel, 107 East Madison Street, MSC #110, Tallahassee, Florida 32399-4128, [phone]

THE FULL TEXT OF THE PROPOSED RULE IS:

60BB-8.300 Provider and Class Registration Procedures; Application; Eligibility Determination.

(1) Statewide Provider Registration Application; Supporting Documents.

(a) A VPK provider registering for the VPK Program on or after January 1, 2011, must annually complete and sign Form AWI-VPK 10 (Statewide Provider Registration Application), dated April 30, 2010 February 14, 2007, which is hereby incorporated by reference, with instructions, and may be obtained as described in Rule 60BB-8.900, F.A.C.

(b) Before delivering instruction or receiving payment for the VPK Program, a VPK provider must submit a complete and signed Form AWI-VPK 10, including supporting documents, to the early learning coalition in the county of the VPK provider’s site. If a VPK provider has more than one VPK site, the provider must submit a separate Form AWI-VPK 10 for each site.

(c) Once a VPK provider is determined eligible for the VPK program, the provider is not required to resubmit Form AWI-VPK 10 for a subsequent program year unless the submitted information on the prior year’s application changes. If submitted information changes, a the VPK provider must submit written notice of the changes an updated Form AWI-VPK 10 to the early learning coalition within 14 calendar days after the submitted information changes.

(2) Class registration application; supporting documentation.

(a) A VPK private provider or public school must annually complete and sign Parts A and B of Form AWI-VPK 11 (Class Registration Application), dated April 30, 2010 February 14, 2007, which is hereby incorporated by reference, with instructions, and may be obtained as described in Rule 60BB-8.900, F.A.C.

(b) Before delivering instruction or receiving payment for the VPK Program, a VPK provider must submit a complete and signed Form AWI-VPK 11, Parts A and B, including supporting documents, to the coalition. If a VPK provider has more than one VPK class, the provider must submit a separate Form AWI-VPK 11 with supporting documents for each class.

(c) If submitted information changes, a VPK provider must submit written notice of the changes an updated class application to the early learning coalition within 14 calendar days after the changes. The written notice of changes must include, at a minimum:

1. The VPK provider’s name,

2. The VPK provider’s physical address,

3. The date of the change,

4. From what and to what the information is changing, and

5. A verbatim copy of the following certification signed by an authorized representative of the VPK provider: “I have examined this application and, to the best of my knowledge and belief, the information provided is true and correct. If any of this information changes, I understand that the provider must submit updated information to the coalition, in writing, within 14 days of the change. I also understand that the provider is encouraged to submit updated information before a change is implemented as the provider may be out of compliance with the requirements of the VPK program if the changes are implemented before the coalition approves of the changes.”

(3) Eligibility determination. A coalition shall determine the eligibility of a private provider or public school registering for the VPK program in accordance with Sections 1002.55, 1002.61, and 1002.63, F.S., based on the submitted documents. A VPK provider shall not deliver VPK instruction until the private provider receives official notification of its eligibility.

Rulemaking Specific Authority 1002.79(2) FS. Law Implemented 1002.55(3), (4), 1002.61(3), (4), (8)(a), 1002.63(3), (4), (5), (6), (8)(a), 1002.75(2)(c), (d) FS. History–New 1-19-06, Amended 5-24-07,________.

 

60BB-8.301 Statewide Provider Agreement for the VPK Program.

(1) An early learning coalition may not pay a VPK provider which registers to offer for 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, even if a qualified contractor signs on behalf of the coalition. A school district may sign a single provider agreement on behalf of all a 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.

(2) A coalition shall keep a fully executed copy of a provider agreement in the coalition’s records on the VPK provider.

(3) A provider agreement shall contain identical terms and conditions as Form AWI-VPK 20 (Statewide Provider Agreement), dated April 30, 2010 February 14, 2007, which is hereby incorporated by reference and may be obtained as described in Rule 60BB-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 AWI-VPK 20, unless:

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

(b) The Deputy Director for 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 60BB-8.300, F.A.C.

Rulemaking Specific Authority 1002.79(2) FS. Law Implemented 1002.55(3)(h), 1002.61(8)(a), 1002.63(8)(a), 1002.75 FS. History– New 8-17-06, Amended 5-24-07,________.

NAME OF PERSON ORIGINATING PROPOSED RULE: Kristin R. Harden
NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Cynthia R. Lorenzo
DATE PROPOSED RULE APPROVED BY AGENCY HEAD: August 17, 2010
DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAW: December 11, 2009