The purpose of the proposed rule is to implement the authority of Florida’s Office of Early Learning (OEL) to adopt procedures for implementation of the VPK Specialized Instructional Services (SIS) program.

 

DEPARTMENT OF EDUCATION

Florida's Office of Early Learning

RULE NO.:RULE TITLE:

6M-8.500VPK Specialized Instructional Services

PURPOSE AND EFFECT: The purpose of the proposed rule is to implement the authority of Florida’s Office of Early Learning (OEL) to adopt procedures for implementation of the VPK Specialized Instructional Services (SIS) program.

SUMMARY: The proposed rule establishes the requirements related to the process of determining child eligibility, registering and enrolling students in the VPK SIS program, and making payments to SIS providers for services. Several forms used to process the enrollment of students are adopted by reference. Also, a contract that VPK SIS providers must execute to deliver services in the program and be reimbursed by the early learning coalitions is adopted by reference.

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 implementation of the rule will have no financial impact on the Department of Education Office of Early Learning as implementation will be done with existing resources. Early learning coalitions VPK SIS providers may be minimally impacted by the effort to review the Contract and enroll children, but the impact is expected to be minimal as the process is required for SIS providers to offer the VPK SIS program and to be reimbursed by the early learning coalitions.

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), 1002.75(3), 1002.79 FS.

LAW IMPLEMENTED: 1002.66, 1002.53(2), (3)(d), (4)(b), 1002.71(4), 1002.72, 1002.75(1) FS.

IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE SCHEDULED AND ANNOUNCED IN THE FAR.

THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Tara Huls, Office of Early Learning, 250 Marriott Drive, Tallahassee, FL 32399, [phone]

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

6M-8.500 VPK Specialized Instructional Services: Child Eligibility and Provider Reimbursement.

(1) General Eligibility. A parent with a four-year-old child who meets the Voluntary Prekindergarten Program eligibility requirements described in Rule 6M-8.200, F.A.C., and has a disability and a current individual educational plan (IEP) developed by the local school board may enroll the child in either a standard (school-year or summer) Voluntary Prekindergarten Education (VPK) Program or in a VPK specialized instructional services program type. Parents may enroll a child in only one program type; a child may not be enrolled in a school-year or summer program type and the VPK specialized instructional services program type at the same time.

(2) Child Eligibility.

(a) In order to register a child for the VPK specialized instructional services (SIS) program type, a parent must do all of the following:

1. Register the child in accordance with the requirements of Rule 6M-8.201, F.A.C.;

2. Submit to the early learning coalition a completed and signed Form OEL-VPK 01S, “Voluntary Prekindergarten Education Program Specialized Instructional Services Supplemental Student Application”, dated June 2014, which is hereby incorporated by reference and may be obtained as described in Rule 6M-8.900, F.A.C.; and

3. Submit to the early learning coalition a copy of the child’s current IEP developed by the local school board.

(b) Upon receipt of the required registration documentation from a parent registering his or her child for the VPK SIS program type, a coalition shall first determine the child’s eligibility for the VPK program under Rule 6M-8.201, F.A.C. A coalition shall then determine the child’s eligibility for the SIS program by reviewing the completed and signed Form OEL-VPK 01S, dated June 2014, and attached copy of the child’s current IEP. A child shall be determined eligible for the VPK SIS program type by an early learning coalition if:

1. The Form OEL-VPK 01S is completed with accurate information as certified by the parent;

2. The parent has selected a type or types of SIS in item 6. of Form OEL-VPK 01S which are consistent with the child’s IEP; and

3. The IEP submitted by the parent is dated within the last year.

(c) Upon determining that a child is eligible to participate in a VPK SIS program type, the appropriate coalition staff shall complete the “Early Learning Coalition Use Only” section of Form OEL-VPK 01S, as indicated in grey to document the child’s eligibility. Additionally, the coalition shall complete sections I. and II. in Part A and items 1. through 8. in Part B of Form OEL-VPK 02S, dated June 2014. Form OEL-VPK 02S, Part A, “Voluntary Prekindergarten Education Program Specialized Instructional Services Certificate of Eligibility” dated June 2014 and Form OEL-VPK 02S, Part B, “Voluntary Prekindergarten Education Program Specialized Instructional Services Schedule of Services” dated June 2014, are both hereby incorporated by reference and may be obtained as described in Rule 6M-8.900, F.A.C. The coalition shall provide a copy of the forms referenced in this paragraph, with the appropriate sections completed, to the child’s parent.

(3) Provider Selection.

(a) The parent shall select a SIS provider or providers which offer services consistent with the student’s current IEP from providers approved by the DOE under Rule 6A-6.03033, F.A.C., to offer SIS in the coalition service area. Services consistent with the student’s current IEP may include, but are not limited to:

1. Applied behavior analysis as defined in Sections 627.6686 and 641.31098, F.S.

2. Speech-language pathology as defined in Section 468.1125, F.S.

3. Occupational therapy as defined in Section 468.203, F.S.

4. Physical therapy as defined is Section 486.021, F.S.

5. Listening and spoken language specialists and an appropriate acoustical environment for a child who is deaf or hard of hearing who has received an implant or assistive hearing device.

(b) If the parent selects multiple providers from more than one coalition service area, the coalitions may enter into an interagency agreement regarding the payment of the providers.

(4) Student Enrollment.

(a) After a parent has chosen a SIS provider, the parent shall work with the selected SIS provider to complete section III. of Form OEL-VPK 02S, Part A. If a parent selects multiple SIS providers, the coalition shall provide the parent an OEL-VPK 02S, Part A form to complete with each selected SIS provider.

(b) Each SIS provider shall have an authorized representative complete, sign and date the “Voluntary Prekindergarten Education Program Specialized Instructional Services Provider Agreement” (Form OEL-VPK 20S) where indicated and submit the completed form, along with the completed Form OEL-VPK 02S, Part A, to the early learning coalition. Form OEL-VPK 20S, Voluntary Prekindergarten Education Program Specialized Instructional Services Provider Agreement dated June 2014, is hereby incorporated by reference and may be obtained as described in Rule 6M-8.900, F.A.C. A SIS provider must receive a fully executed copy of Form OEL-VPK 20S from the coalition prior to rendering VPK SIS to any student.

(c) SIS providers which do not submit a completed Form OEL-VPK 02S, Part A, for a student and a completed Form OEL-VPK 20S shall not be eligible to receive reimbursement.

(5) Scheduling Services.

(a) The parent of a student shall schedule all SIS using Form OEL-VPK 02S, Part B, dated June 2014. The parent shall work with each selected SIS provider to complete the form, which must include all scheduled services from all selected SIS providers. If additional space is required to list all scheduled services, the parent may attach additional copies of Form OEL-VPK 02S, Part B.

(b) After scheduling all SIS on Form OEL-VPK 02S, Part B, the parent shall submit the completed form to the early learning coalition for review at least 10 business days prior to the first appointment scheduled.

(c) Within 5 business days of receipt, the early learning coalition shall review the Form OEL-VPK 02S, Part B, to determine whether projected reimbursement for the scheduled services exceed the student’s available VPK funding, and to return a copy of the form to the parent and each selected SIS provider.

(d) If the scheduled services would exceed the student’s available VPK funding, the coalition shall not authorize payment for that service, shall strike through that service on the Form OEL-VPK 02S, Part B, and include a comment on the form that full payment for the service is not authorized. The provider and the parent may still contract for the stricken services, but the coalition will not reimburse the provider in an amount greater than that approved on the Form OEL-VPK 02S, Part B. 

(e) If the parent wishes to add appointments to an existing Form OEL-VPK 02S, Part B, which has already been reviewed by the early learning coalition, the parent shall coordinate with the applicable SIS provider to schedule additional services, which shall be added to the existing form. The parent shall resubmit the revised Form OEL-VPK 02S, Part B, to the coalition for review. The resubmittal and review process shall follow the process detailed in paragraphs (5)(b)-(c) above.

(f) Services not identified on the Form OEL-VPK 02S, Part B, as reviewed and authorized by the early learning coalition shall not be reimbursed.

(6) Determining Student’s Available Funding Amount

(a) New enrollment. The cumulative total of services reimbursed for a child may not exceed the amount of the full-time equivalent (FTE) student established for each county in accordance with Section 1002.71(3), F.S. In the absence of a specific base student allocation for VPK SIS:

1. The VPK school-year FTE allocation shall be used for students whose parents select the school-year option in Item 8 of the completed Form OEL-VPK 02S, Part B. Services received under this allocation must occur between 14 calendar days before Labor Day and June 30th of the year the child is eligible for VPK.

2. The VPK summer FTE allocation shall be used for students whose parents select the summer option in Item 8 of the completed Form OEL-VPK 02S, Part B. Services received under this allocation must occur between May 1 and 15 calendar days before Labor Day of the year the child is eligible for kindergarten.

(b) Reenrollment for good cause. Notwithstanding the funding described in paragraph (a) above, if a student is reenrolled for good cause under Rule 6M-8.210, F.A.C., into the SIS program type from a school-year or summer program type, the funding available to the student shall be equal to the student’s FTE allocation for the program type in which the student was previously enrolled, minus any amount previously paid for such services rendered to the student.

(7) Provider Payment.

(a) To receive reimbursement for services rendered, a SIS provider shall obtain the parent’s initials and date on Form OEL-VPK 02S, Part B, certifying that services were rendered. Within 30 calendar days of providing services, the SIS provider shall submit the Form OEL-VPK 02S, Part B, with the parent’s certification to the coalition as an invoice or as an attachment to an invoice for reimbursement.

(b) A coalition shall reimburse SIS providers for SIS rendered to an eligible student as certified by the parent on the Form OEL-VPK 02S, Part B.  The coalition shall not reimburse a SIS provider for costs other than specialized instruction, for example missed appointments, late fees, or interest. However, a SIS provider must provide the parent with its policy for missed appointments, including late arrivals, in writing and may then follow its normal business practices regarding charges for missed appointments or late arrivals. A coalition shall reimburse the SIS provider in the calendar month following the month in which an invoice for reimbursement is received by the coalition.

(c) SIS providers shall not invoice coalitions for services which have been paid for by other sources. If an SIS provider retains SIS funds for services paid for by other sources, the provider shall be subject to any available penalty at law, which may include, but is not limited to, referral for fraud investigation.

(d) An early learning coalition’s total payment on behalf of a student enrolled under this rule shall not exceed the student’s FTE established in accordance with Section 1002.71(3), F.S. If the student receives services through multiple SIS providers, the funding shall be distributed to the SIS providers in accordance with the schedule of services established on the Form OEL-VPK 02S, Part B. In accordance with paragraph (5)(d) above, if the cost of services rendered to a student exceeds the amount of funding available through the VPK program, those services shall not be part of the VPK program.

(8) Reenrollment. Being enrolled under this rule constitutes an enrollment for the purposes of Rule 6M-8.201, F.A.C. Changing a student’s enrollment between a standard VPK-program type (school-year or summer) and the VPK specialized instructional services program type constitutes a reenrollment for the purposes of Rule 6M-8.210, F.A.C. However, changing SIS providers while enrolled in the specialized instructional services program type does not constitute a reenrollment under Rule 6M-8.210, F.A.C. To re-enroll a student, the parent must comply with the terms of Rule 6M-8.210, F.A.C. 

Rulemaking Authority 1001.213(2), 1002.75(3), 1002.79 FS. Law Implemented 1002.66, 1002.53(2), (3)(d), , (4)(b),, 1002.71(4), 1002.72, 1002.75(1)  FS. History–New____________.

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Tara Huls, Bureau Chief, Voluntary Prekindergarten

NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Shan Goff, Executive Director

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: May 23, 2014

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: April 23, 2014