The proposed rule revision updates the Statewide Provider Contract.

 

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 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.

New health and safety requirements were incorporated into the SERC for Rule 6M-4.620, F.A.C.

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. This rule is required by statute to establish a contract that all school readiness providers must sign. By signing the contract and offering services, the providers will be paid for school readiness 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), 1002.82(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.

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 27, 2016, 2:00 p.m. – 3:00 p.m. EST, or at the conclusion of business whichever is earlier

PLACE: via GoToWebinar only. To register for the webinar, please visit: 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 3 days 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:

 

Substantial rewording of Rule 6M-4.620 follows. See Florida Administrative Code for present text.

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 (December, 2016), is hereby adopted and incorporated by reference. Form OEL-SR 20L entitled “Licensed Provider Responsibilities” (December 2016), Form OEL-SR 20LE entitled “License Exempt Provider Responsibilities” (December 2016), Form OEL-SR 20FFN entitled “Informal Provider Responsibilities” (December 2016), and Form OEL-SR 20A entitled “School Readiness Provider Contract Amendments” 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-01342.

(b) To request participation in the SR Program, a provider must complete a copy of the Statewide School Readiness Provider Contract, the appropriate provider responsibility form, and submit all required documentation as indicated in the Statewide School Readiness Provider Contract to the early learning coalition under which the provider will operate.

(c) By July 1, 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) The Statewide School Readiness Provider Contract shall be in effect for a term of one year. A school district may sign a single Statewide School Readiness Provider Contract on behalf of all public schools in the district offering the SR Program. The owner, officer, principal or other authorized representative of multiple private child care providers may sign a single Statewide School Readiness Provider Contract on behalf of all of his or her private providers within an early learning coalition service area in which it operates.

(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 may execute and retain this contract electronically in compliance with Section 668.50, F.S., the Uniform Electronic Transaction Act.

(g) Neither a coalition nor an SR provider may omit, supplement or amend the terms and conditions of the Statewide School Readiness Provider Contract, except for those amendments made with the execution of Form OEL-SR 20A (School Readiness Provider Contract Amendments). Neither a coalition nor an SR provider may include any attachments, addenda or exhibits to the Statewide School Readiness Provider Contract except Exhibit 1 (Provider Location List), Exhibit 2 (Required Documentation), Exhibit 3 (Provider Reimbursement Rates), Exhibit 4 (Holiday Schedule), Exhibit 5 (Due Process Procedures), Form OEL-SR 20L (Licensed Provider Responsibilities), Form OEL-SR 20LE (License Exempt Provider Responsibilities), Form OEL-SR 20FFN (Informal Provider Responsibilities), and Form OEL-SR 20A (School Readiness Provider Contract Amendments).

(2) Inspections.

(a) Upon the effective date of this rule, and annually thereafter, all participating school readiness program providers shall receive an inspection to determine compliance with the health and safety requirements of section 1002.88, F.S., and minimum standards adopted under Rule 6M-4.620, F.A.C. Annual inspections shall be conducted by the Department of Children and Families (the department) or local licensing agency, whichever is applicable, be unannounced and shall take place within the contract year at a time as scheduled by the department or local licensing agency (as applicable).

(b) For all new providers that are not regulated by the department or local licensing that request participation in the SR Program and have not previously provided SR Program services or have had a one year lapse in providing SR Program services, a fully compliant pre-contractual health and safety inspection must be conducted prior to the execution of a school readiness contract. Upon determination by the coalition that a provider is eligible to participate in the SR Program, an early learning coalition shall complete and execute the Statewide School Readiness Provider Contract with the provider.

(c) For new SR Program providers that are currently regulated by the department or local licensing agency, an inspection conducted by the department or local licensing agency within four (4) months for center-based programs and six (6) months for family child care homes prior to the execution of the Statewide School Readiness Provider Contract will be sufficient to meet the pre-contractual health and safety inspection requirement. However, prior to execution of an initial school readiness contract a provider must not have any outstanding violations or issues of noncompliance pending from their most recent inspection Upon determination by the coalition that a provider is eligible to participate in the SR Program, an early learning coalition shall complete and execute the Statewide School Readiness Provider Contract with the provider.

(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 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 school readiness program;

(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;

(4) 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 SR services, provided the new owner meets the eligibility requirements pursuant to subsection (2) of this rule and Section 1002.88, F.S., and is not disqualified from contracting pursuant to subsection (3) of this rule.

Rulemaking Authority 1001.213(2), 1002.82(2)(m) FS. Law Implemented 1002.82(2)(m), (6), 1002.82, 1002.83(7), 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___________..

 

 

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 29, 2016

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: August 9, 2016