Statewide Provider Contract for the School Readiness Program

 

DEPARTMENT OF EDUCATION

Florida’s Office of Early Learning

RULE NO.:RULE TITLE:

6M-4.610Statewide Provider Contract for the School Readiness Program

NOTICE OF CHANGE

Notice is hereby given that the following changes have been made to the proposed rule in accordance with subparagraph 120.54(3)(d)1., F.S., published in Vol. 44 No. 164, August 22, 2018 issue of the Florida Administrative Register.

6M-4.610 Statewide Provider Contract for the School Readiness Program

(1) General Provisions.

(a) Forms

1. The State of Florida Statewide School Readiness Provider Contract, Form OEL-SR 20 with exhibits 1 through 5 (October 2016 November 2018), is hereby adopted and incorporated by reference. Form OEL-SR 20L entitled “State of Florida Statewide School Readiness Provider Contract Licensed Provider Responsibilities” (October, 2016), Form OEL-SR 20LE entitled “State of Florida Statewide School Readiness Provider Contract License Exempt Provider Responsibilities” (October, 2016 November 2018), Form OEL-SR 20FFN entitled “State of Florida Statewide School Readiness Provider Contract Informal Provider Responsibilities” (October, 2016), and Form OEL-SR 20A entitled “State of Florida Amendments to the Statewide School Readiness Provider Contract Amendments” (October, 2016 November 2018) 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-07583.

2. The State of Florida Statewide School Readiness Provider Contract, Form OEL-SR 20 with exhibits 1 through 7 (July 2019), is hereby adopted and incorporated by reference. Form OEL-SR 20L entitled “State of Florida Statewide School Readiness Provider Contract Licensed Provider Responsibilities” (July 2019), Form OEL-SR 20LE entitled “State of Florida Statewide School Readiness Provider Contract License Exempt Provider Responsibilities” (July 2019), Form OEL-SR 20FFN entitled “State of Florida Statewide School Readiness Provider Contract Informal Provider Responsibilities” (July 2019), and Form OEL-SR 20A entitled “State of Florida Amendment to the Statewide School Readiness Provider Contract” (July 2019) are hereby adopted and incorporated by reference. A copy of Form OEL-SR 20 including exhibits 1 through 7, 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_____.

(b) No change.

(c) All forms referenced in paragraph (1)(a) above, shall be used by the early learning coalitions to enter into provider contracts with an end effective date of June 30, 2019. All forms reference in paragraph (1)(b) above, shall be used by the early learning coalitions to enter intor provider contracts with a beginning effective date of July 1, 2019 and all dates thereafter until a new contract form is subsequently adopted. This contract shall not be effective until on or after July 1, 2019, All 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 for the appropriate contract year.

(d) No change.

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

(f)(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) as appropriate for the contract year. Neither a coalition nor an SR provider may include any attachments, addenda or exhibits to the Statewide School Readiness Provider Contract except the exhibits set forth in Form OEL-SR 20, 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) as appropriate for the contract year.

(2) No change.

(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 early learning coalition may refuse to contract with a SR provider or revoke a SR provider’s eligibility to deliver the School Readiness Program if the provider has been cited for a Class 1 violation by the department or local licensing agency, as applicable, Department of Children and Families (DCF) in accordance with Rules 6M-4.620 and 65C-22.010 or 65C-20.012, F.A.C. (as applicable to the provider type) or local licensing agency (as applicable to the provider location). Action taken by a coalition to revoke a provider’s eligibility must be consistent with Section 1002.88(2)(b) in that the revocation is for a period of five (5) years. If the coalition chooses to implement this provision, the coalition must develop policies and procedures, in accordance with Element V. Monitoring in Form OEL-SR 115, as incorporated by reference in Rule 6M-9.115, F.A.C., to ensure the standard is applied consistently to all potential and current SR program providers. Each coalition shall;

1. Develop policy and procedures that are written and made available to all providers or potential providers.

2. Document all actions taken by the coalition to remove a SR provider from the program or revoke a provider’s eligibility.

3. Ensure providers are offered due process as described in Form OEL-SR 20.

(b) through (h) No change.  

(4) No change.

Form OEL-SR-20 (July 2019) State of Florida Statewide School Readiness Provider Contract is changed from the Form OEl-SR-20 (November 2018) referenced in the proposed rule as follows:

Footnotes have been changed to delete the reference to November 2018 and delete the reference to Statewide School Readiness Provider Contract

Page 3 (II. 7.d.) Reference to paragraph 60 will read paragraph 70

Page 3 (II.7.f.) Reference to section 1002.82(2) will read section 1002.82(2)(n), F.S.

Page 4 (II. 7.g.) Is deleted

Page 4 (II. 8.b) Changed second b. to c.

Page 5 (III. 13.a) Reference to section 1002.82(2) will read section 1002.82(2)(n), F.S.

Page 5 (III. 13.c). Stricken phrase “in accordance with paragraph 7(d)”

Page 6 (III. 17.) Reference to section 1002.88(1)(h) will read section 1002.88(1)(i), F.S.

Page 6 (III. 18.) Reference to section 1002.88(1)(i) will read section 1002.88(1)(j), F.S.

Page 6 (III. 19.) Reference to section 1002.88(1)(j) will read section 1002.88(1)(k), F.S.

Page 6 (III. 20.) Reference to section 1002.88(1)(k) will read section 1002.88(1)(l), F.S. and

Reference to section 1002.88(1)(q) will read section 1002.88(1)(r), F.S.

Page 7 (III. 21.) Reference to section 1002.88(1)(n) will read section 1002.88(1)(o), F.S.

Page 7 (III.25.) Reference to paragraph 46 will read paragraph 54.

Page 7 (III. 27.) Reference to section 1002.82(2)(n) will read section 1002.82(2)(p), F.S.

Page 8 (III. 31.) Orientation. PROVIDER agrees to participate in a SR Program Orientation conducted by the COALITION prior to the execution of this Contract, if offered by the Coalition applicable.

Page 8 (III. 32.) Child Assessment. If applicable, the eligible PROVIDER, agrees to conduct child assessments using a reliable assessor as defined by the child assessment tool, that meet the criteria described in s. 1002.82(2)(k), F.S., at least three times per year and will submit valid and reliable data to the statewide information system. Check boxes added for yes or no.

All subsequent numbering is advanced by one number and all cross references will also updated.

Page 10 (VI. 42)Record Maintenance. PROVIDER agrees to maintain records, including sign in and sign out documentation, enrollment and attendance certification, documentation to support excused absences and proof of parent co-payments for children funded by the SR Program. The records must be maintained for audit purposes for a period of five (5) years from the date of the last reimbursement request for that fiscal year or until the resolution of any audit findings or any litigation related to this Contract, whichever occurs last. PROVIDER may maintain records in an electronic medium and if the PROVIDER does so, then the PROVIDER shall back up records on a regular basis to safeguard against loss. The statewide information system does not meet the record maintenance requirement.

Page 11 (VII. 44.)Method of Payment. PROVIDER reimbursement for eligible children will be based on the child care certificate (also known as a payment certificate) issued by COALITION and presented requested through the statewide information system by a parent, and through the use of the procedures outlined herein.

Page 11 (VII. 48.)Child Assessment Rate. Eligible PROVIDERS that agree to conduct child assessments pursuant to paragraph 32 of this contract that meet the criteria described in s. 1002.82(k), F.S., at least three times per a year and will submit valid and reliable data to the statewide information system will receive a Child Assessment rate pursuant to s. 1002.82(2)(o), F.S., as identified in Exhibit 5.

Page 11 (VII. 50.)Special Needs Rate. PROVIDER may will receive a special needs rate identified in Exhibit 5 3 when providing services to a child with an identified special need in accordance with Rule 6M-4.500(5)(a) and (b), F.A.C.

Page 13 (VII. 60.)PROVIDER agrees that, if the reconciliation of services and payments reveals that PROVIDER received payments in excess of the amount owed to PROVIDER, COALITION will offset the overpayment against the final payment owed to PROVIDER for the program year and any future payments issued to PROVIDER for early learning programs. If PROVIDER ceases to offer early learning programs before the repayment is fully offset, PROVIDER agrees to return the funds. If PROVIDER fails to return the funds it was overpaid, PROVIDER will be subject to collection efforts. The Provider understands that in the event where the EIN has changed or a change of ownership has occurred and the previous owner has not completed repayment, the PROVIDER accepts financial responsibility for any outstanding balance as a result of the cumulative attendance recorded for each child enrolled in the SR program.

Page 14 (X. 66.a.)Basis of Termination for Cause. PROVIDER agrees that COALITION has the right to terminate this Contract for cause at any time. The following are grounds for termination for cause: (a) Action, or lack of action, which threatens the health, safety or welfare of children or citation cited for a Class I violation by the Department of Children and Families or local licensing agency, as applicable  (b) The material failure to comply with one or more of the terms of this Contract, including, but not limited to, failure to implement the Quality Improvement Plan, corrective action or comply with the terms of probation as described in paragraph 65 56 above; (c) The refusal to accept any notice described under this Contract which COALITION is required to send to PROVIDER; or (d) Reasonable or probable cause for COALITION to suspect that fraud has been committed by PROVIDER as described in paragraph 74 64.

Page 21  (XV)Reference to section 1002.88(1)(p) will read section 1002.88(1)(q), F.S.

Page 23 (Exhibit 3)Under the column of Description--IACET shall now read International Association for Continuing Education & Training (IACET)

Page 25 (Exhibit 3)2.a. Table. Each selected instructor/director will register for and successfully complete 20 hours of International Association for Continuing Education & Training (IACET) approved training (or other OEL-approved CEU training) provided by the ELC or their delegate.

Page 26 (Exhibit 3)No. 4.a.iii. MMCI PreK training consists of twenty-four (24) total hours of instruction provided to selected instructors/directors by a COALITION provided/delegated MMCI specialist and an additional twelve ten (12) hours of self-study during the project term.

Page 35 (Exhibit 4)6. Rates and Fees for Parents. Provider is prohibited from charging the differential between the Provider’s private pay rate and the Contracted Slots reimbursement rates established in Exhibit 5. Provider is prohibited from charging any fees to parents/families other than the parent co-payment or late fees.

Page 37 (Exhibit 5)Under Provider’s Private Pay Rates, after check boxes, add: Does PROVIDER require the parent to pay the differential between the Approved Reimbursement Rate and the Provider’s Private Pay Rate? ☐Yes               ☐No

Page 39 (Exhibit 6)Column with checkbox indicating if provider was closed is deleted.

Page 40 (Exhibit 7)3.a. Assignment of Review Hearing Committee. Within three (3) business days of receipt of a request for review hearing, the Coalition must assign a Review Hearing Committee to complete the review. The Review Hearing Committee must be composed of at least three but no more than five members of the Coalition Board. The Chair of the ELC shall appoint the Review Hearing Committee and shall name the chair of the committee. ­At least one of the members must be a mandatory member as set forth in section 1002.83(4) and at least one other member shall be one of the provider representative members. If all attempts have been made by the Coalition to schedule among the selected Review Hearing Committee members potential dates for the hearing and neither provider representative from the Coalition Board is available, then the requirement for a provider representative will be waived for this hearing and the minutes of the Review Hearing Committee will document that the Coalition made every attempt to have a provider representative member included but was unable to do so for this hearing. If no provider representative is available to participate, a waiver is possible if documented in the deliberations of the review hearing committee.

Form OEL-SR 20L (July 2019) State of Florida Statewide School Readiness Provider Contract Licensed Provider Responsibilities is changed from the Form OEL-SR 20L (October 2016) referenced in the proposed rule and footnotes have been changed to delete the reference to reference to Licensed Provider Responsibilities and as follows:

Page 2 (II.3.a)Reference to section 1002.88(1)(l) will read section 1002.88(1)(m), F.S.

Page 2 (II.3.b.) Reference to section 1002.88(1)(o) will read section 1002.88(1)(p), F.S.

Form OEL-SR 20LE (July 2019) State of Florida Statewide School Readiness Provider Contract License Exempt Provider Responsibilities is changed from the Form OEL-SR 20LE (November 2018) referenced in the proposed rule and footnotes have been changed to delete the reference License Exempt Provider Responsibilities and as follows:

Page 1 (II.3.a.)Reference to section 1002.88(1)(l) will read section 1002.88(1)(m), F.S.

Page 2 (II.3.b.)Reference to section 1002.88(1)(o) will read section 1002.88(1)(p), F.S.

Form OEL-SR 20FFN State of Florida Statewide School Readiness Provider Contract Informal Provider Responsibilities (July 2019) is changed from the Form OEL-SR 20FFN (October 2016) referenced in the proposed rule and footnotes have been changed to delete the reference to Informal Provider Responsibilities and as follows:

Page 1 (II.3.a.)Reference to section 1002.88(1)(l) and (m) will read section 1002.88(1)(m) and (n), F.S.

Form OEL-SR 20A State of Florida Amendment to the Statewide School Readiness Provider Contract (July 2019) is changed from the Form OEL-SR 20A (October 2016) referenced in the proposed rule as follows:

Section references were changed to accommodate the revisions to Form 20, the Statewide School Readiness Contract renumbering

Page 3 (Provider Reimbursement Rates) is amended as follows: (Exhibit 5). PROVIDER has modified its Private Pay Rates or Operational Hours and has attached and incorporated in this Amendment the revised Exhibit 5: Provider Reimbursement Rates. The Early Learning Coalition has completed the remaining sections of Exhibit 5 (COALITION Maximum Reimbursement Rates and the Approved PROVIDER Reimbursement Rate) and entered the new Effective Date as referenced on the Exhibit prior to attaching the revised Exhibit 5 to this Amendment.