School Readiness Eligibility Provisions, Verification of Employment and Income, Redetermination of Eligibility for Financial Assistance
Florida’s Office of Early Learning
RULE NOS.:RULE TITLES:
6M-4.200General Eligibility Provisions
6M-4.208Verification of Employment and Income
6M-4.209Redetermination of Eligibility for Financial Assistance
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. 42, No. 186, September 23, 2016 issue of the Florida Administrative Register.
6M-4.200 General Eligibility Provisions
(1) Definitions. The following definitions are applicable to all rules under Chapter 6M-4, F.A.C.
(a) No change.
(b) “Child Care Executive Partnership (CCEP)” is a program that uses state and federal funds as incentives for matching local funds derived from local governments, employers, charitable foundations, and other sources to create local flexible partnerships with employers.
(c)(b) No change.
(d)(c) “Person who stands 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) through (g) are renumbered (e) through (h) No change.
(i) “Special Needs” means a as a child who has been determined eligible as a child with a disability in accordance with Chapter 6A-6, F.A.C., and is participating in a program for children with disabilities provided by the school district or a child who has an individualized educational plan (IEP) or family support plan (FSP).
(j)(h) “Suspend” means to temporarily discontinue services for the parent when the parent intends to resume an eligible education/training or work activity that has an temporary interruption that exceeds three (3) months or the child temporarily does not need school readiness services offered by the coalition.
(k)(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. A temporary interruption in employment or education/training activity shall include, at a minimum:
1. Any time-limited absence from work for an employed parent due to reasons such as need to care for a family member or an illness;
2. Any interruption in work for a seasonal worker who is not working between regular industry work seasons;
3. Any student holiday or break for a parent participating in training or education;
4. Any reduction in work, training or education hours, as long as the parent is still working or attending training or education.
5. Any other cessation of work or attendance at a training or education program that does not exceed three (3) months;
6. Any change in age, including turning 13 years old during the eligibility period; and
7. Any change in residency within the State.
(l)(j) No change.
(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 section 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) 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. 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 the current purpose for care upon the child care authorization’s 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 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 or is terminated by the referring agency, the parent will have three (3) months to provide documentation to establish a purpose for care under another eligibility category to continue receiving 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 initial 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. No change.
5. If the parent loses purpose for care anytime 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. No change.
2. At the initial determination for relative caregiver eligibility 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 anytime 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) No change.
(3) Income Based Eligibility Categories.
(a) Initial Eligibility Determination.
1. No change.
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 of the FPL for Child Care Executive Partnership (CCEP) children for entry into the school readiness program and continued eligibility. If 85 percent of the State Median Income (SMI) is less than 150 percent of the FPL, then 85 percent of the SMI this is the income threshold for entry into the school readiness program for economically disadvantaged. If 85 percent of the SMI is less than 200 percent of the FPL, then 85 percent of the SMI this is the upper income threshold for entry into the school readiness program for CCEP children continued eligibility.
3. Assets. A family shall not have assets that exceed one million dollars (as certified by a member of such family). This applies to all children funded with Child Care Development Block Grant funds, including children identified in s.1002.81 (1), F.S.
4. through 5. No change.
6. If the parent loses purpose for care anytime 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. No change.
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. through 5. No change.
(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, services will be considered suspended, and not reimbursed, until the parent’s employment resumes. 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 temporary interruption break exceeds three (3) months, services will be considered suspended, and not reimbursed, until the parent’s education enrollment resumes. 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. No change.
4. Parents and providers must be notified if, as a result of any redetermination, a child is determined ineligible for financial assistance within 10 calendar days.
(d) No change.
(4) No change.
(5) Transfer of School Readiness Services. A family shall continue to receive school readiness services during the 12-month eligibility period due to a change in residence within the state to a different coalition service area.
(a) The school readiness funding shall transfer to the coalition service area that the family relocates to. Funding shall reflect the remaining balance of 12-month eligibility.
(b) The parent copayment may not be increased due to a transfer of services outside of the coalition service area.
(c) The coalition service area of transfer will be responsible for the redetermination of eligibility at the end of the original 12-month authorization period.
(d) If the family transfers during a three (3) month period to reestablish a purpose of care, the family must reestablish a purpose of care by the end of the three (3) month period for services to be continued in the new coalition service area.
(6) Termination of School Readiness Services. Services shall be discontinued for a family prior to the end of the 12-month eligibility period under limited circumstances. The family and provider will be notified of disenrollment at a minimum of two weeks prior to termination of services. Qualifying events for termination include:
(a) Excessive unexplained absences that exceed 10 calendar days during a total month of attendance. At a minimum, the coalition shall document 3 attempts to contact the family and the provider regarding excessive absences prior to disenrollment.
(b) Substantiated fraud or intentional program violation determined by the coalition or its designee pursuant ss. 1002.91 and 1002.84 (17), Florida Statute.
(c) A change in residency outside of the state of Florida.
(d) Purpose of care is not reestablished at the end of a three (3) month period.
(e) The family income exceeds 85% of the current state median income.
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 in accordance with s. 1002.87(1), F.S. and Rule 6M-4.200, F.A.C. 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) Notwithstanding their inability to provide full documentation at the initial eligibility determination, a coalition shall may permit enrollment after initial eligibility determination to children experiencing homelessness as verified by a Department of Children and Families certified homeless shelter. 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 Form OEL-SR 01, School Readiness Application application for each eligibility determination. Form OEL-SR 01, is adopted in and incorporated by reference in Rule 6M-4.300, F.A.C. 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. Prior to the eligibility determination and enrollment, new applicants shall submit required documentation within 30 calendar days from the date on the funding notification. of the date of the application. Redetermining applicants shall submit required documentation prior no later than 10 days prior to the redetermination date. The coalition shall determine eligibility within ten (10) calendar 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. through 7. No change.
8. For children identified in s.1002.81 (a)-(d) 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. No change.
(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. No change.
2. An original or certified copy of the child’s U.S. birth record filed according to law with the appropriate public
officer.
3. through 5. No change.
6. Social Security Administration document that includes place of birth.
6.7. No change.
7.8. No change.
(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. through 4. No change.
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 school readiness SR program (e.g., permanent change of station).
6. through 9. No change.
(d) Parent Status. Each applicant must meet the definition of parent in Rule 6M-4.200(1)(b),(c) and (e), 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. through 7. No change.
(e) No change.
(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 of 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. If income documentation (earned and unearned) is available during the initial and subsequent eligibility verification, it must be submitted at that time by the family or the referring agency. 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. through 3. No change.
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 an accredited 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 of 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., or 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 Administrator Administration or 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-eg) below. This applies to at-risk children identified in s.1002.81(1), F.S., if available. If income documentation is not available for at-risk children, the coalition shall still process the eligibility determination under the at-risk child care authorization.
a. through e. No change.
(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, including families of children identified in ss.1002.81(1), F.S. 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 listed on the income worksheet generated by the statewide information system or worksheets generated by the statewide information system, if available.
