To standardize the school readiness program eligibility requirements to comply with federal and statutory mandate.

 

DEPARTMENT OF EDUCATION

Florida's Office of Early Learning

RULE NO.: RULE TITLE:

6M-4.200   School Readiness Eligibility Provisions

6M-4.208    Documenting Eligibility for the School Readiness Program

PURPOSE AND EFFECT: To standardize the school readiness program eligibility requirements to comply with federal and statutory mandate.

SUMMARY: School Readiness eligibility provisions and documenting eligibility 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 not 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. This rule updates the process for review and approval of curriculum 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), FS.

LAW IMPLEMENTED: 1002.81(1), (8), (16), 1002.82(2)(f), 1002.84(7), 1002.87(1), (5), (6) FS.

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

DATE AND TIME: Thursday, June 21, 2018, 4:00 p.m. – 5:00 p.m. ET, or at the conclusion of business whichever is earlier.

PLACE: via GoToWebinar only. To register for the webinar, please visit: http://www.floridaearlylearning.com/statewide_initiatives/laws_and_rules/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 48 hours before the workshop/meeting by contacting: Katerina Maroney [phone]; [e-mail].. 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, [phone]; [e-mail]

 

THE FULL TEXT OF THE PROPOSED RULE IS:

6M-4.200 School Readiness Eligibility Provisions.

(1) Definitions. The following definitions are applicable to all rules under Chapter 6M-4, F.A.C.

(a) through (c) No change.

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

1. through 4. No change.

(f)(g) “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) “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.

(h) through (l) 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 Sections 1002.87(1), F.S., 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. No change.

2. At-Risk and protective services parents with a valid child care authorization will be authorized for 12-months of child care 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. 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.

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 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’s expiration or upon notification of termination from the referring agency to the coalition, whichever comes first 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, the coalition shall provide services 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, if the parent re-establishes purpose for care.

(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 for initial and subsequent authorizations, 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 eligibility, 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 to receive services 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 period, the coalition shall provide services 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. through 3. No change.

4. The coalition or contracted designee shall inform the parent and DCF or local workforce referral agency that when the child care authorization expires or is terminated 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 or upon notification of termination from the referring agency to the coalition, whichever comes first. 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.

(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. 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. No change.

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 Section 1002.81(1), F.S.

4. through 6. No change.

(b) Maintaining Eligibility at Redetermination.

1. through 5. No change.

6. All redetermining clients are subject to the graduated phase-out requirements defined by Rule 6M-4.400(3), FAC.

(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, as defined in paragraph (1)(k) of this rule, 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. 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. through 4. No change.

(d) No change.

(4) No change.

(5) Transfer of School Readiness Services. Eligible families 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. Transferring families are subject to the same document requirements found under 6M-4.208(4), FAC.  The coalition shall make every effort to coordinate with the transferring coalition to obtain documents that would be valid regardless of the location of the coalition such as birth certificates, shot records or proof of parental relationship.  Any documentation received because of new employment in the receiving coalition shall not be used to increase a family’s copay.

(b) through (d) No change.

(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 or at the end of the current eligibility period, whichever comes first. The notification to the parent shall include the reason for termination. Qualifying events for termination include:

(a) Excessive unexplained absences that exceed 10 calendar days during a total month of attendance. The coalition shall document three 3 attempts to contact the family and the provider regarding excessive absences prior to disenrollment.

(b) through (e) No change.

Rulemaking Authority 1001.213(2) FS. Law Implemented 1002.81(1), (8), (16), 1002.82(2)(f), 1002.87(1), (5), (6) FS. History–New 4-21-03, Formerly 60BB-4.200, Amended 7-31-14, 12-18-16, ______________.

 

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

(1) No change.

(2) No change.

(3) No change.

(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. An office visit shall not be required for the submission of eligibility documentation or establishment of eligibility. Prior to the eligibility determination and enrollment, new applicants shall submit required documentation within 30 calendar days from the date on the funding notification. Redetermining applicants shall submit required documentation through the statewide information system 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 Section 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 6. No change.

7. For Temporary Assistance for Needy Families (TANF) families children identified in Section 1002.87(1), F.S., 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. No change.

9. If no supporting documents listed in subparagraphs (a)1.-8. (e)1-8. above are available, a parent’s notarized statement 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. through 5. No change.

6. For TANF children identified in Sections 1002.87(1)(a), F.S., 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.

7. For children identified in Sections 1002.81(1)(a)-(d), F.S., 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 citizenship.

(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 landline home phone bill dated within 12 months of the date the child application is submitted.

2. through 6. No change.

7. For children identified in Sections 1002.81(1)(a)-(d), F.S., 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. through 9. No change.

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

1. through 4. No change.

5. A notarized statement provided An affidavit sworn to or affirmed by the child’s parent.

6. No change.

7. A notarized statement 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 Section 1002.81(9), F.S.

1. through 5. No change.

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 including a statement from the parent certifying that the household information is true and correct.with supporting verification of each household member (e.g. birth certificate, or government issued ID). In cases where the coalition suspects fraud, the coalition may request additional documentation to establish family size.

b. For TANF families children identified in Sections 1002.87(1), F.S., 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 Sections 1002.81(1)(a)-(f), F.S., 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 Sections 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 Sections 1002.81(1)(a)-(f), F.S., 1002.87(1)(b) and (1)(e), F.S., 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 5. No change.

6. Income. Each applicant must submit documentation of earned and unearned income in accordance with paragraphs (a)-(g), below. This applies to at-risk children identified in Section 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 b. No change.

I. No change.

II. No change.

III. No change.

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

I. No change.

II. No change.

III. For varied amounts of unearned income, the parent must provide a minimum of four (4) weekly, two (2) biweekly, two (2) semi-monthly, or one (1) monthly source of unearned income documentation.

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 Register 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. No change.

e. No change.

(g) No change.

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 12-18-16, _________.

 

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: May 30, 2018

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: April 16, 2018