The purpose of the revised rule is to update the school readiness program eligibility requirements to comply with federal and statutory mandate.  

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    DEPARTMENT OF EDUCATION

    Florida’s Office of Early Learning

    RULE NOS.:RULE TITLES:

    6M-4.200School Readiness Eligibility Provisions

    6M-4.208Verification of Employment and Income

    6M-4.209Redetermination of Eligibility for Financial Assistance

    PURPOSE AND EFFECT: The purpose of the revised rule is to update the school readiness program eligibility requirements to comply with federal and statutory mandate.

    SUMMARY: The revised rule will update the eligibility requirements for the school readiness program.

    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: 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. These rules define the criteria for eligibility for the school readiness program and the criteria for documenting eligibility for the school readiness 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: 1002.81(1), (8), (16); 1002.82(2)(m), (f), (6); 1002.84(7), (8), (10); 1002.87(1), (2), (5), (6); 1002.88; 1002.91; 1002.97(3) FS.

    A HEARING WILL BE HELD AT THE DATE, TIME AND PLACE SHOWN BELOW:

    DATE AND TIME: Monday, October 17, 2016, 2:30 p.m. – 3:30 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 7 days before the workshop/meeting by contacting: Katerina Maroney (850)717-8614; Katerina.maroney@oel.myflorida.com.. 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, (850)717-8614; Katerina.maroney@oel.myflorida.com

     

    THE FULL TEXT OF THE PROPOSED RULE IS:

     

    Substantial rewording of Rule 6M-4.200 follows. See Florida Administrative Code for present text.

    6M-4.200 School Readiness Eligibility Provisions.

    (1) Definitions.

    (a) “Child Care Authorizations”, and “referrals”, means the forms received from recognized referring entities authorizing the need for child care services.

    (b) Earned Income” means the gross remuneration resulting from work, professional service or self-employment. This includes commissions, bonuses, and back pay awards.

    (c) “In loco parentis” means a responsible adult with whom the child lives, who is responsible for the day-to-day care and custody of the child when the child’s parent by blood, marriage, adoption or court order is not performing such duties.

    (d) “Non-temporary Interruption” means a loss in employment or education activity with no reasonable expectation at the time of interruption that the parent will return to that specific eligible work or education activity.

    (e) “Parent” means a person who has legal custody of a minor as a:

    1. Natural or adoptive parent;

    2. Legal guardian;

    3. Person who stands in loco parentis to the minor; or

    4. Person who has legal custody of the minor by order of a court.

    (f) “Payment certificate” means the document issued by the coalition authorizing School Readiness payment for a specific child to a specified child care provider for a defined period.

    (g) “Purpose for care” means the reason the parent needs care, such as employment, education and training, job search, work activity, respite services, child protection, migrant employed, disability and special needs.

    (h)  “Suspend” means to temporarily discontinue services for the parent when the parent intends to resume an eligible education or work activity that has a temporary interruption that exceeds three (3) months or the child temporarily does not need school readiness services offered by the coalition.

    (i) “Temporary Interruption” means interruption in the parent’s work or education activity with an intent to return to that specific work or education activity, not to exceed three (3) months.

    (j) “Unearned Income” means income other than earned income that includes documented alimony and child support received, social security benefits, Supplemental Security Income (SSI) (excluding SSI payments when a child is the recipient), worker’s compensation benefits, reemployment assistance or reemployment compensation benefits, veteran benefits, retirement benefits, temporary cash assistance under Chapter 414, F.S., and cash gifts received regularly.

    (2) Child Care Authorization and Relative Caregiver Program Eligibility. In order for a child to be eligible to receive School Readiness services in the following categories, pursuant to Sections 1002.87(1)(a)-(i), F.S., a child care authorization or documentation the parent receives relative caregiver payments must be issued by the appropriate agency.

    (a) At-risk and Protective Service Child Care Authorizations. Eligibility is based on a documented child care authorization from the Florida Department of Children and Families (DCF) or its contracted providers, DCF-designated Lead Homeless Coalition Continuum of Care agency or Certified Domestic Violence Center. “At Risk Child” is defined in Section 1002.81(1), F.S.

    1.Child care authorizations for at-risk and protective services categories shall be valid for the duration determined by the referring entity. A child may continue to maintain eligibility under the at-risk or protective services categories as long as there is a current and valid child care authorization. The parent no longer maintains purpose for care upon child care authorization expiration or upon notification of termination from the referring agency to the coalition, whichever comes first.

    2. At-Risk and Protective Services parents with a valid child care authorization will be authorized for 12-months of child care funding, subject to available funding. Each time a child care authorization is renewed during the 12-month authorization of child care funding, child care services will continue in increments defined by of the referring agency, subject to available funding.

    3. At the initial determination for at-risk child care authorizations, the coalition or contracted designee shall inform the parent that when the referral expires the parent will have three (3) months to provide documentation to establish a purpose for care under another eligibility category to continue to receive services for the remainder of the initial 12-month authorization period. Purpose for care must be reestablished no later than three (3) months after the child care authorization expires. A family will not be limited to a single three (3) month period to reestablish a purpose of care during the 12-month eligibility period.

    4. If an additional referral is granted to the parent that extends the purpose for care beyond the initial 12-month eligibility period, the coalition shall authorize the parent for an additional 12-month eligibility period, subject to available funding. The time period that surpasses the initial authorization will be counted toward the subsequent authorization period.

    5. If the parent loses purpose for care during the initial 12-month eligibility in month ten or later, the coalition shall provide services for the remainder of the 12-month eligibility period for three (3) months, at which time the parent must reestablish purpose for care to remain eligible. The time period that surpasses the initial authorization will be counted toward the subsequent authorization period.

    (b) Relative Caregiver Program. A child may continue to maintain eligibility under the relative caregiver program category if upon closure of the protective services case, the guardian is in receipt of Relative Caregiver Assistance payments for the child in need of School Readiness services from the Florida Department of Children and Families.

    1. A child may continue to maintain eligibility under the relative caregiver category for up to 12-months, as determined by the coalition, as long as the parent is in receipt of relative caregiver payments.

    2. At the initial determination for relative caregiver cases,  the coalition or contracted designee shall inform the parent that when receipt of relative caregiver payments ends the parent will have three (3) months to provide documentation to establish  a purpose for care under another eligibility category to continue the remainder of the initial 12-month authorization period. Purpose for care must be established no later than three (3) months after the receipt of relative caregiver payments ends or upon termination of relative caregiver payments, whichever comes first. A family will not be limited to a single three (3) month period to reestablish a purpose of care during the 12-month eligibility period.

    3. If the parent loses purpose for care during the initial 12-month eligibility in month ten or later, the coalition shall provide services for the remainder of the initial 12-month period for three (3) months, at which time the parent must reestablish purpose for care to remain eligible. The time period that surpasses the initial authorization will be counted toward the subsequent authorization period.

    (c) Welfare Transition Program. Eligibility is based on a documented child care authorization issued by DCF or the local workforce agency.

    1. Temporary Cash Assistance parents must also maintain compliance with statutory welfare transition program requirements by DCF or the local workforce referral agency, as monitored by the referring agency.

    2. Transitional Child Care/Non-Temporary Cash Assistance parents must also maintain compliance with statutory welfare transition program requirements by DCF or the local workforce referral agency, as monitored by the referring agency.

    3. All children eligible under the Temporary Cash Assistance, Temporary Cash Assistance Respite, and Temporary Cash Assistance Applicant programs will be authorized for child care funding for the period indicated by the referring agency’s child care authorization. The parent no longer maintains purpose for care under this eligibility category upon child care authorization expiration or upon notification of termination from the referring agency to the coalition, whichever comes first.

    4. The coalition or contracted designee shall inform the parent and DCF or local workforce referral agency that when the child care authorization expires the parent will have three (3) months to provide documentation to establish  a purpose for care under another eligibility category to continue to receive services for the remainder of the initial 12-month authorization period. Purpose for care must be reestablished no later than three (3) months after the child care authorization expires. A family will not be limited to a single three (3) month period to reestablish a purpose of care during the 12-month eligibility period.

    (3) Income Based Eligibility Categories.

    (a) Initial Eligibility Determination.

    1. Age of the child. The age limits of eligible children are set forth in Section 1002.87(1), F.S.

    2. Family Income. The family’s income, as defined in Section 1002.81(8), F.S., must be at or below 150 percent of the Federal Poverty Level (FPL) for economically disadvantaged and 200 percent for Child Care Executive Partnership and continued eligibility. If 85 percent of the State Median Income (SMI) is less than 150 percent of the FPL, this is the income threshold for entry into the school readiness program. If 85 percent of the SMI is less than 200 percent of the FPL, this is the upper income threshold for continued eligibility.

    3. Assets. A family shall not have assets that exceed one million dollars (as certified by a member of such family).

    4. Working Family. The family must also meet the definition of “Working Family” as defined by Section 1002.81(16), F.S.

    5. Initial eligibility determinations for Economically Disadvantaged, Special Needs, and Child Care Executive Partnership children will be authorized for 12 months of child care funding.

    6. If the parent loses purpose for care during the initial 12-month eligibility in month ten or later, the coalition shall provide services for the remainder of the 12-month eligibility period for three (3) months, at which time the parent must reestablish purpose for care to remain eligible. The time period that surpasses the initial authorization will be counted toward the subsequent authorization period. A family will not be limited to a single three (3) month period to reestablish a purpose of care during the 12-month eligibility period.

    (b) Maintaining Eligibility at Redetermination.

    1. Age of the child. The age of eligible children is set forth in Section 1002.87(1), F.S. If a child’s age exceeds the age limit during the 12-month authorization period, the child shall continue to receive services for the remainder of the 12-month authorization period.

    2. Family Income. The family’s income must remain at or below 85 percent of the State Median Income (SMI) as the upper level of the program subsidy support. If the family’s income is above 200 percent of the FPL, but at or below 85 percent of the SMI, a graduated phase-out of school readiness child care funding will be initiated in accordance with Rule 6M-4.400(2), F.A.C.

    3. Assets. A family shall not have assets that exceed one million dollars (as certified by a member of such family).

    4. Working Family. The family must also meet the definition of “Working Family” as defined by Section 1002.81(16), F.S.

    5. All redetermining eligible Economically Disadvantaged, Special Needs, and Child Care Executive Partnership children will be authorized for 12 months of child care as funding allows.

    (c) Maintaining Eligibility During an Interruption in Employment Activities or Education Activities.

    1. A family shall maintain eligibility and child care funding for school readiness services during a temporary interruption in employment activity, with an option to return to that activity, not to exceed three (3) months. A temporary interruption in employment activity includes circumstances such as the parent’s seasonal employment, school system-related employment or leave in compliance with the Family Medical Leave Act. If the temporary interruption in employment exceeds three (3) months, the child shall not be placed on the waiting list if the parent has verification that they are still employed and returning to that employment.  Services will be considered suspended, and not reimbursed, until the parent’s employment resumes. Care may be re-established for the remainder of the initial 12 month authorization upon resumption of employment and reevaluation of the remaining eligibility factors.

    2. A family shall maintain eligibility and child care funding for school readiness services during a temporary interruption in the parent’s educational activity with an intent to return to the education activity at the next available full semester or term, not to exceed three (3) months between a semester or term. If the break exceeds three (3) months, the child shall not be placed on the waiting list if the parent has verification that they have enrolled in the next semester. Services will be considered suspended, and not reimbursed, until the parent’s education enrollment resumes. Care may be re-established for the remainder of the initial 12 month authorization upon resumption of education and reevaluation of the remaining eligibility factors.

    3. School readiness children shall not be terminated prior to the end of the 12-month eligibility period based on a parent’s non-temporary interruption or cessation of employment, attendance at a job training or education program. Parents shall be provided a three (3) month period to re-establish their purpose for care. The 3-month period will start on the last day of verifiable employment/training/education for working families or the last day of the referral period for at-risk families. If a parent does not establish a purpose for care at the end of the 3-month period, school readiness funding will be discontinued.

    4. Parents and providers must be notified if, as a result of any redetermination, a child is determined ineligible for financial assistance.

    (d) Notification to parents. The coalition or contracted designee shall notify the parents of their responsibility and the method to notify the coalition or contracted designee within 10 calendar days of any change of circumstances related to:

    1. Address

    2. Temporary/Non-temporary work or education status

    3. Family size

    4. Failure to maintain attendance at a job training or education program

    5. Income exceeds 85% of the state median income (SMI)

    (4) Payment Certificate. Upon determination of eligibility, a parent shall be given a payment certificate to submit to an eligible child care provider to enroll the child in its school readiness program. The payment certificate shall at a minimum include the child(ren) for whom a coalition authorized child care, the provider the family selected, signatures of both the beneficiary and school readiness provider representative, the assessed parent copayment for each eligible child, the authorized hours of care and the authorized begin and end dates for school readiness services.

    Rulemaking Authority 1001.213(2) FS. Law Implemented 1002.81(1), (8), (16), 100282(2)(f), 1002.87(1), (5), (6) FS. History–New 4-21-03, Formerly 60BB-4.200, Amended___________.

     

    Substantial rewording of Rule 6M-4.208 follows. See Florida Administrative Code for present text.

    6M-4.208 Documenting Eligibility for the School Readiness Program.

    (1) Each early learning coalition or designated contractor must determine eligibility for each applicant applying for the School Readiness Program. All child eligibility documentation shall be maintained by the coalition. Each coalition is responsible for implementing a records retention policy ensuring that all documentation is maintained in accordance with law. The coalition or its designee must conduct internal file monitoring activities to ensure the accuracy of eligibility determinations.

    (2) A coalition may adopt alternate eligibility documentation procedures to ensure that families who are homeless are not ineligible due to inability to provide certain documentation, such as address or phone number.

    (3) Each applicant must have a completed signed and dated application for each eligibility determination. The signature and date may be electronic if the application is available in the statewide information system.

    (4) Documentation required for school readiness services eligibility. During the initial determination and redetermination an applicant must submit documentation, as applicable, to verify compliance with eligibility requirements. New applicants shall submit required documentation within 30 calendar days of the date of the application. Redetermining applicants shall submit required documentation no later than 10 days prior to the redetermination date. The coalition shall determine eligibility within 10 days of receipt of the documentation.

    (a) Age. Verification of age must be established for each child eligible for the school readiness program in accordance with s. 1002.87(1), F.S. The coalition shall keep a record of at least one of the following supporting documents that shows the child’s name and date of birth:

    1. An original or certified copy of the child’s birth record filed according to law with the appropriate public

    officer;

    2. An original or certified copy of the child’s certificate of baptism or other religious record of the child’s

    birth, accompanied by an affidavit stating that the certificate is true and correct, sworn to or affirmed by the child’s

    parent;

    3. An insurance policy on the child’s life which has been in force for at least 2 years;

    4. A passport or certificate of the child’s arrival in the United States;

    5. An immunization record signed by a public health officer or licensed practicing physician; or

    6. A valid military dependent identification card.

    7. For children identified in ss.1002.87 (1)(a), (1)(d), and (1)(g), F.S., the child’s age, as indicated on a child

    care authorization submitted by the referring agency, is sufficient to establish the child’s age as verified by

    the parent.

    8. For children identified in ss.1002.87(1)(b) and (1)(e), F.S., the child’s age, as indicated on a child care

    authorization submitted by the referring agency, is sufficient to establish age as verified by the parent.

    9. If no supporting documents listed in subparagraphs (e)(1)-(8) above are available, a parent’s sworn

    affidavit of the child’s age accompanied by a certificate of age signed by a public health officer or physician stating that the child’s age shown in the affidavit is true and correct may be accepted.

    (b) Citizenship. Each child receiving services must be a U.S. citizen or qualified alien. Verification of U.S.

    citizenship or a qualified noncitizen status must be obtained for each child prior to authorizing school readiness services. The coalition shall keep a record of at least one of the following supporting documents establishing citizenship:

    1. U.S birth certificate.

    2. An original or certified copy of the child’s birth record filed according to law with the appropriate public

    officer.

    3. U.S. passport.

    4. Lawfully admitted alien document (e.g. Forms I-94, I-94A, I-197, I-551 & I-766) with non-U.S. passport.

    5. Certificate of U.S. citizenship or naturalization.

    6. Social Security Administration document that includes place of birth.

    7. For children identified in ss.1002.87 (1)(a), (1)(d), and (1)(g), F.S., the child’s status as a TANF recipient,

    as indicated on a child care authorization submitted by the referring agency, is sufficient to establish the child’s citizenship.

    8. For children identified in ss.1002.87(1)(b) and (1)(e), F.S., the Medicaid-eligible status, as indicated on a

    child care authorization submitted by the referring agency, is sufficient to establish the child’s citizenshp.

    (c) Residency. Each applicant must submit verification of current residency to qualify for the program in the county in which the applicant applied. The coalition shall keep a record of at least one of the following supporting documents that shows the name and current residential address of a parent with whom the child resides:

    1. Utility bill (electric, gas, water), cable, internet or home phone bill dated within 12 months of the date

    the child application is submitted;

    2. Pay stub from a current employer dated within 12 months of the date the child application is submitted;

    3. Current and signed residential rental agreement or receipt from rental payment dated within 12 months

    of the date the child application is submitted;

    4. Government-issued document (e.g., Florida driver’s license, Florida identification card, property tax

    assessment showing a homestead exemption); or

    5. Military order showing that the child’s parent is a service member in the United States Armed Forces

    and is assigned to duty and resides in Florida when the child attends the SR program (e.g., permanent change of station).

    6. For children identified in ss. 1002.87, F.S.  , the child’s status as a TANF recipient, as indicated on a

    child care authorization submited by the referring agency, is sufficient to establish the child’s residency.

    7. For children identified in ss.1002.87(1)(b) and (1)(e), F.S., the child’s Medicaid-eligible status, as

    indicated on a child care authorization submitted by the referring agency, is sufficient to establish the child’s residency.

    8. If no supporting documents listed in subparagraphs (c)(1) – (7) above are available, a coalition may

    accept a notarized statement provided by the child’s parent and a letter from a landlord or property owner which confirms that the child resides at the address shown in the notarized statement.

    9. If no supporting documents listed in subparagraphs (c)(1) – (7) above are available for a homeless

    child as defined in Section 1003.01, F.S., a coalition shall document residency based on other supporting documents showing that the child is homeless and resides in Florida (e.g., letter from a shelter or a notarized statement provided by the child’s parent).

    (d) Parent Status. Each applicant must meet the definition of parent in Rule 6M-4.200(1)(b),(c) and submit government-issued ID and documentation of guardianship. The coalition shall keep a record of at least one of the following supporting documents to verify the parental relationship:

    1. A copy of the child’s birth certificate, which includes the parent’s name or maiden name, if applicable.

    2. A court order or other legal documentation that substantiates the adult’s relationship to the child(ren).

    3. A valid DCF or Workforce Child Care Authorization Form that bears the name of the child and the parent.

    4. Documentation the applicant is in receipt of relative caregiver payment or TANF benefits on behalf of the

    child.

    5. An affidavit sworn to or affirmed by the child’s parent.

    6. Official public or non-public school records.

    7. An affidavit from a medical professional.

    (e) Family Size. Each applicant must identify and provide supporting documentation of each child and adult included in the school readiness family size, in accordance with s. 1002.81(9), F.S.

    1. Family size includes the parent(s) and the child(ren) currently residing together in the same dwelling unit

    (persons who are parents of a child in common regardless of whether they have been married and all children in their care) or person standing in loco parentis.

    2. Children with a child care authorization who are in a licensed out-of-home placement or relative/non-

    relative placement must be listed as a child only case in the statewide information system. A family unit shall include an individual child referred or related sibling group referred in a licensed out-of-home placement or relative/non-relative placement.

    3. The family size for a family that includes a child(ren) in receipt of Relative Caregiver  payment shall only

    include the child(ren) in receipt of the Relative Caregiver payment.

    4. The family size for a family that includes a child(ren) in receipt of TANF child only benefits shall only

    include the child(ren) if the child resides with a guardian. If the child resides with a parent, the parent must be included in the family size.

    5. A teen parent will be considered a separate household, unless the teen and their child(ren) are included in

    their parents School Readiness family size. Eligibility and income will be determined consistent with the procedures for other households.

    6. The coalition shall keep a record of at least one of the following supporting documents, as applicable, to

    establish family size:

    a. A statewide information system generated form or locally developed form documenting the applicant’s

    family size, with supporting verification of each household member (e.g. birth certificaite, or government issued ID).

    b. For children identified in ss.1002.87 (1)(a), (1)(d), and (1)(g), F.S., the child’s family size as a TANF

    recipient, as indicated on a child care authorization submitted by the referring agency as verified by the parent, is sufficient to establish family size.

    c. For children identified in ss.1002.87(1)(b) and (1)(e), F.S., the child’s family size on a child care

    authorization submitted by the referring agency as verified by the parent, is sufficient to establish family size.

    (f) Purpose for Care. Each applicant must meet the purpose for care requirements of the program in accordance with ss. 1002.81(1), (7), (16) and 1002.87(1), F.S. The coalition shall keep a record of at least one of the following supporting documents establishing purpose for care:

    1. For children identified in ss.1002.87(1)(b) and (1)(e), the child’s purpose for care, as indicated on a child

    care authorization submitted by the referring agency, is sufficient to meet this requirement. A child is eligible under the relative caregiver program category if, the guardian is in receipt of Relative Caregiver Assistance payments from the Florida Department of Children and Families.

    2. For children identified in ss.1002.87 (1)(a), (d), and (g) , the child’s status as a TANF recipient, as indicated

    on a child care authorization submitted by the referring agency, is sufficient to establish purpose for care.

    3. For income eligible families, purpose for care is established by the parent’s work schedule as verified on

    one of the income documents listed in subsection (d).

    4. Education. Each applicant requesting services in order to attend an approved educational activity in

    accordance with s. 1002.81(16), F.S., shall provide an official school schedule and proof of enrollment from the education institution.

    a. Use of educational activities as a purpose for care shall be limited to GED programs, secondary education

    programs, technical or vocational programs, associate of arts, associate of science, bachelor of arts, and bachelor of science programs.

    b. At the discretion of the early learning coalition board of directors and based upon available funding,

    enrollment in masters, juris doctor, and doctorate degree programs may qualify as a purpose for care.

    5. Documentation for exemptions to work requirements due to disability or age:

    a. Disability – In order to be exempt from work requirements due to disability, a parent must submit

    documentation from a physician licensed under chapter 458 or 459, F.S.,  a disability award letter from the U.S. Social Security Administration.

    b. Age – In order to be exempt from work requirements due to age, a parent must submit proof of receipt of

    retirement income benefits from the U.S. Social Security Administrationaor documentation from a physician licensed under chapter 458 or 459, F.S.

    6. Income. Each applicant must submit documentation of earned and unearned income in accordance with

    subsections (a-g) below.

    a. All earned income and unearned income not excluded by ss.1002.81(8), F.S, and employment, shall be documented.

    b. For all applicants, other than those who are self-employed, each source of earned income, at a minimum,

    shall be documented by hours of employment and rate of pay based on:

    i. Four (4) weekly, two (2) biweekly, two (2) semi-monthly, or one (1) monthly pay stubs that are current

    and consecutive, or

    ii. A signed statement by the employer dated within 4 weeks of applying for SR child care funding, or

    iii. A signed contract for employment that has a termination date of not less than 9 months from the date of

    applying for SR child care funding.

    c. Each source of unearned income, as defined by ss. 1002.81(15), F.S., shall be documented at a minimum

    by:

    i. Source documentation establishing receipt of unearned income such as, but not limited to, alimony, social

    security benefits, supplemental security income, worker’s compensation benefits, reemployment assistance, veteran’s benefits, retirement benefits, temporary cash assistance under chapter 414, F.S., and regulary received cash gifts.

    ii. For child support, verification from the child support enforcement office or a written statement from the

    absent parent or household member.

    d. Income Fluctuations. For families that have irregular earnings (fluctuations) due to seasonal or other types

    of work schedules such as retail employment during the holidays or tourism in the summer, the coalition or contracted designee must:

    i. Calculate the average income for the previous 12 months. The average must reflect income changes that

    occur during the eligibility period, including situations in which a family had monthly income above 85 percent of the State Median Income (SMI), as published in the Federal Registar at https://www.gpo.gov/fdsys/pkg/FR-2015-06-10/pdf/2015-14187.pdf, for part of the year and lower income in other months.

    ii. For instances where a family, upon redetermination, may not have 12 months of pay stubs, use an employer

    verification statement that affirms the average annual income.

    e. Self-Employment. For purposes of income verification, self-employment is defined as work activities that

    produce income that an individual uses to meet daily living expenses. The self-employment activity must contribute to the applicant’s livelihood and the time and effort put into the activity will indicate intent to make a profit. Passive or casual activities that can be more appropriately qualified as “hobbies” or volunteer work do not meet this criterion.

    i. Self-employed applicants shall provide appropriate documentation sufficient to determine a minimum of

    20 hours worked per week and income, such as: business account ledgers, written documentation from customers, contractors, or federal tax returns.

    ii. For initial eligibility determination, eligibility shall not be denied soley because the applicant makes less

    than the minimum wage. If an applicant makes less than minimum wage at initial eligibility determination, the authorized eligibility period shall be twelve (12) months. However, subsequent eligibility authorizations will be dependent on whether or not the participant can document that self-employment activities generate consistent business gains. Once minimum wage is established by self-employment activities, subsequent eligibility may continue to be authorized for twelve (12) months.

    (g) An acknowledgement of income and family size used to establish the family copayment in accordance with Rule 6M-4.400, if applicable, shall be documented by every family applying for school readiness service. This acknowledgement shall be made and documented at each determination of eligibility. The acknowledgement may be recorded on locally created income worksheets that includes the information list on the income worksheet generated by the statewide information system or worksheets generated by the statewide information system, if available.

    Rulemaking Authority 1001.213(2) FS. Law Implemented 1002.81(1), (8), (16), 1002.82(2)(f), 1002.84(7), 1002.87(1), (5), (6) FS. History–New 4-21-03, Formerly 60BB-4.208, Amended              .

     

    6M-4.209 Redetermination Eligibility for Financial Assistance. – Repealed.

    Rulemaking Authority 1001.213(2) FS. Law Implemented 1002.84(7) FS. History–New 4-21-03, Formerly 60BB-4.209., Repealed_____________

     

    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: September 21, 2016

    DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: September 1, 2016

Document Information

Comments Open:
9/23/2016
Summary:
The revised rule will update the eligibility requirements for the school readiness program.
Purpose:
The purpose of the revised rule is to update the school readiness program eligibility requirements to comply with federal and statutory mandate.
Rulemaking Authority:
1001.213(2), 1002.82(2)(m) FS..
Law:
1002.81(1), (8), (16); 1002.82(2)(m), (f), (6); 1002.84(7), (8), (10); 1002.87(1), (2), (5), (6); 1002.88; 1002.91; 1002.97(3) FS.
Contact:
Katerina Maroney, School Readiness Policy Supervisor, Office of Early Learning, 250 Marriott Dr., Tallahassee, Florida 32399, (850)717-8614; Katerina.maroney@oel.myflorida.com
Related Rules: (3)
6M-4.200. General Eligibility Provisions
6M-4.208. Verification of Employment and Income
6M-4.209. Redetermination of Eligibility for Financial Assistance