The purpose of the proposed rule development is to implement the authority of the Agency for Workforce Innovation to adopt rules related to reenrollment of students in the Voluntary Prekindergarten Education (VPK) Program.

DEPARTMENT OF MANAGEMENT SERVICES
Agency for Workforce Innovation

RULE NO: RULE TITLE
60BB-8.210: Reenrollment for Good Cause and Extreme Hardship in the Voluntary Prekindergarten Education Program
PURPOSE AND EFFECT: The purpose of the proposed rule development is to implement the authority of the Agency for Workforce Innovation to adopt rules related to reenrollment of students in the Voluntary Prekindergarten Education (VPK) Program.
SUBJECT AREA TO BE ADDRESSED: The subject areas to be addressed by the proposed rule are criteria for determining whether a good cause or extreme hardship exists as related to reenrollment in the VPK program and whether a student has substantially completed the VPK program.
SPECIFIC AUTHORITY: 1002.71(4), 1002.75(2)(i), 1002.79(2) FS.
LAW IMPLEMENTED: 1002.71(4) FS.
A RULE DEVELOPMENT WORKSHOP WILL BE HELD AT THE DATE, TIME AND PLACE SHOWN BELOW:
DATE AND TIME: May 8, 2009, 1:30 p.m. – 2:30 p.m. or until business is concluded
PLACE: Agency for Workforce Innovation, 107 East Madison Street, Tallahassee, Florida 32399-4128 or via telephone at: [phone] conference code 9213193
THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE DEVELOPMENT AND A COPY OF THE PRELIMINARY DRAFT, IF AVAILABLE, 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 PRELIMINARY TEXT OF THE PROPOSED RULE DEVELOPMENT IS:

60BB-8.210 Reenrollment for Good Cause and Extreme Hardship in the Voluntary Prekindergarten Education Program.

(1) Definitions. As used in this rule:

(a) “Dismissed student” means a student removed from a Voluntary Prekindergarten Education (VPK) provider’s VPK class by the VPK provider for failing to comply with the provider’s attendance policy. A provider shall provide written documentation of a student’s dismissal to the student’s parent or guardian.

(b) “Substantial completion” means a student has been enrolled in a VPK provider’s class for 70 percent or more of the instructional hours for the program type (school-year or summer).

(c) “Withdrawn student” means a student removed from a VPK provider’s program at the request of or following written notice from the student’s parent or guardian which is received by the coalition or provider.

(2) Reenrollment for good cause. A dismissed or withdrawn student may be reenrolled for good cause with a VPK provider delivering the school-year or summer program if all the following applies:

(a) The student has been enrolled in ten (10) percent or less of the instructional hours of the program type from which the student is dismissed or withdrawn;

(b) The student has not previously reenrolled for good cause under this paragraph or due to an extreme hardship under subsection (3) below; and

(c) The student’s parent or guardian attests in writing to the coalition to one of the following as a reason for the dismissal or withdrawal of a student from the VPK program:

1. The illness of the student or the student’s immediate family member;

2. A conflict between the parent or guardian and the provider or school concerning policies, practices, or procedures at the provider’s or school’s VPK program;

3. A change in the student’s residence;

4. A change in the parent’s or guardian’s employment schedule or place of employment;

5. Any condition described as an extreme hardship in paragraph (3)(c) below.

(3) Reenrollment for extreme hardship. A dismissed or withdrawn student may be reenrolled in a summer VPK program and be reported for funding purposes as one full FTE student in the summer VPK program, if all of the following applies:

(a) The student has been enrolled with a VPK provider for more than 10 percent of the instructional hours for the program type from which the student is dismissed or withdrawn but has not substantially completed a VPK program;

(b) The student has not previously reenrolled due to an extreme hardship under this subparagraph or for good cause under subsection (2) above; and

(c) The student’s parent or guardian submits to the coalition or its designee written notice of one or more of the following:

1. The extended illness of the student or the student’s immediate family member, as documented in writing by a medical professional, if the illness results in the student being:

a. Absent from more than 30 percent of hours for which the student is enrolled, as documented by the coalition; or

b. Dismissed by the provider for noncompliance with the provider’s attendance policy, as documented by the provider.

2. Withdrawal of the student due to the provider’s inability to meet the student’s health or educational needs, as documented by the provider;

3. The termination of the student’s VPK class before 70 percent of the instructional hours is delivered for the class, as documented by the provider or coalition;

4. The provider’s misconduct or noncompliance with law, rule, or the Statewide Provider Agreement signed in accordance with Rule 60BB-8.301, F.A.C., that results in the termination of the VPK provider’s Statewide Provider agreement, as documented by the coalition;

5. A change in the student’s residence, as documented by rent, mortgage, or utility records, which:

a. Results in the cessation of transportation by the provider or school, as documented by the provider or school;

b. Causes the student’s travel time to exceed 50 minutes from the student’s residence to the provider or school; or

c. Extends the parent’s or guardian’s total travel time by 50 minutes or more from the student’s residence, to the provider or school, and to the parent’s or guardian’s place of employment.

6. A change in the parent’s or guardian’s place of employment, as documented in writing by the employer, which:

a. Results in the cessation of transportation by the provider or school, as documented by the provider or school; or

b. Extends the parent’s or guardian’s total travel time by 50 minutes or more from the student’s residence, to the provider or school, and to the parent’s or guardian’s place of employment.

7. A change in the parent’s or guardian’s employment schedule, as documented in writing by the employer, which prevents the parent or guardian from providing the student with transportation to or from the provider or school.

8. The parent or guardian’s inability to meet the basic needs of the student or the student’s immediate family, including, but not limited to, a lack of food, shelter, clothing, or transportation, as documented in writing by a law enforcement official, social worker, or counselor.

9. A state of emergency affecting the student’s place of residence or the provider with which the student is enrolled is declared by federal, state, or local officials.

(4) Withdrawal or dismissal before the student attends VPK instruction. If a student is withdrawn or dismissed before the student’s first day of attendance, the student may be reenrolled in a school-year or summer program without relying on reenrollment for good cause or extreme hardship under this rule.

(5) Procedures for reenrollment.

(a) To reenroll a student under this rule, the student’s parent or guardian shall:

1. Complete the Reenrollment Application (Form AWI-VPK 05), which is hereby incorporated by reference, attach documentation of an extreme hardship or written attestation of good cause, and submit the completed application to the coalition with which the student will be reenrolled.

2. If the student is reenrolled with a coalition other than the coalition of the previous enrollment, the parent or guardian shall also complete and resubmit the Child Application (Form AWI-VPK 01) in accordance with Rule 60BB-8.201, F.A.C.

(b) The coalition shall follow the registration, eligibility determination, and enrollment procedures described in Rule 60BB-8.202, F.A.C., to reenroll a student, except that the coalition is not required to repeat the face-to-face parent consultation.

Rulemaking Authority 1002.71(4), 1002.75(2)(i), 1002.79(2) FS. Law Implemented 1002.71(4) FS. History–New ________.