To implement the authority of the Agency for Workforce Innovation to adopt a rule related to advance payment of early learning coalitions and Voluntary Prekindergarten Education (VPK) providers in conformance with recently revised legislation.

DEPARTMENT OF MANAGEMENT SERVICES
Agency for Workforce Innovation

RULE NO: RULE TITLE
60BB-8.205: Advance Payment and Reconciliation for the Voluntary Prekindergarten Education Program
PURPOSE AND EFFECT: To implement the authority of the Agency for Workforce Innovation to adopt a rule related to advance payment of early learning coalitions and Voluntary Prekindergarten Education (VPK) providers in conformance with recently revised legislation.
SUMMARY: The rule provides for advance payment of coalitions which will, in turn, provide advance payments to VPK providers. Payment to providers is based on enrollment and reconciliation is based on attendance.
SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS: No Statement of Estimated Regulatory Cost was prepared.
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.
SPECIFIC AUTHORITY: 1002.75(2)(h), 1002.75(4), 1002.79(2) FS.
LAW IMPLEMENTED: 1002.71(5)(b), 1002.75(2)(h), 1002.75(4) FS.
A HEARING WILL BE HELD AT THE DATE, TIME AND PLACE SHOWN BELOW:
DATE AND TIME: July 7, 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 and by phone at [phone] conference code 921-3193
THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Kristin R. Harden, 107 East Madison St., MSC #110, Tallahassee, FL 32399-4128, [phone]

THE FULL TEXT OF THE PROPOSED RULE IS:

60BB-8.205 Advance Payment and Reconciliation for the Voluntary Prekindergarten Education Program.

(1) Coalition Advance Payment.

(a) During the first month of each fiscal year, contingent upon funding availability, the Agency for Workforce Innovation (the Agency) shall provide a Coalition Advance Payment to each early learning coalition so that the early learning coalition may issue provider advance payments in accordance with this rule. Each coalition’s Coalition Advance Payment shall not exceed the school-year base student allocation (BSA) divided by twelve (12) multiplied by two (2) multiplied by the highest monthly Voluntary Prekindergarten Education (VPK) program enrollment, as defined in Rule 60BB-8.100, F.A.C., at the coalition during the previous fiscal year.

(b) A coalition shall also utilize the Coalition Advance Payment to make payments for allowable expenditures incurred in the administration of the VPK program on a monthly basis.

(c) If the early learning coalition estimates that it will have insufficient funds to make payments for actual VPK expenditures which are due in a calendar month, the coalition may submit a request in writing to the Agency’s Office of Early Learning, Financial Administration and Budget Services Section, at 107 E. Madison St., MSC 140, Tallahassee, Florida 32399 for enough additional funds to make payments for its actual VPK expenditures at least ten (10) business days prior to the date the payment for actual VPK expenditures is due. The coalition shall support its request for additional funds with documentation indicating the amount due in the month and the total amount of VPK funding available to the coalition. The Agency shall determine the total amount of funding necessary for the coalition to make payments for actual VPK expenditures for the month and may provide additional funding to the coalition as the Agency deems necessary.

(2) Provider Advance Payment.

(a) A provider is eligible to receive a one time advance payment for each VPK class offered by the provider.

(b) An early learning coalition shall make a provider advance payment to each Voluntary Prekindergarten Education provider operating in the coalition’s service area which does not decline the advance payment under subsection (3) of this rule. A coalition shall calculate the provider advance payment for each VPK provider by multiplying the total enrollment in each of the provider’s VPK classes by five (5) percent of the county’s allocation per child as calculated in accordance with Section 1002.71(3), F.S.

(c) In order to determine the number of children enrolled in each VPK class, each early learning coalition shall establish one day each month by which a VPK provider must submit to the coalition the individual enrollment materials of each student for each VPK class scheduled to begin in the following month. At the discretion of the coalition, the VPK provider may instead submit a class roster for each VPK class. Each coalition shall notify all VPK providers operating within its service area of the date selected in each month upon which enrollment calculations will be based. Enrollment materials or class rosters submitted after the date established by the coalition under this paragraph shall not be included in the calculation of a provider advance payment.

1. “Enrollment materials” means a child’s certificate of eligibility and notice of the child’s assigned VPK class submitted to the coalition in accordance with paragraph 60BB-8.202(2)(a), F.A.C.

2. “Class roster” means a list of students for which a provider has received a certificate of eligibility who are assigned to a VPK class. A class roster shall be created in a format approved by the coalition and shall include, at a minimum, the name of each student and the primary instructor for the class.

(3) Refusal of Provider Advance Payment. A VPK provider may choose not to accept a provider advance payment made under subsection (2) of this rule. A VPK provider which chooses not to receive an advance payment shall notify the coalition in writing of its choice no later than seven (7) calendar days prior to the date established under paragraph (2)(c) by the coalition as the date upon which enrollment calculations will be based.

(4) Reconciliation. A coalition shall provide payment for each VPK student in accordance with Rule 60BB-8.204, F.A.C. Each coalition shall reconcile advance payments for each VPK class two times. The first reconciliation shall be conducted for the month in which 150 hours for the summer program or 270 hours for the school-year program have been offered in a VPK class. The second reconciliation shall be conducted during the last full calendar month of services. Each coalition shall reconcile advance payments by determining the total amount due as payment under Rule 60BB-8.204, F.A.C., to a VPK provider during the months in which reconciliation is to occur and subtracting half of the amount paid to the provider under subsection (2) of this rule.

(5) Reconciliation for classes fewer than 90 calendar days. Notwithstanding any other provision of this rule, the coalition shall conduct one reconciliation for VPK classes which are scheduled to last fewer than 90 calendar days. Each coalition shall reconcile the advance payment by determining the total amount due as payment in the last full calendar month of services to a VPK provider under Rule 60BB-8.204, F.A.C., and subtracting amount paid to the provider under subsection (2) of this rule.

(6) Overpayment.

(a) If the coalition determines during reconciliation under subsection (4) or (5) of this rule that a provider received a provider advance payment in an amount greater than what is owed to the provider, resulting in a negative balance, the coalition shall make reasonable efforts to collect the overpayment from the provider. Reasonable efforts include but are not limited to informing the provider of the full amount owed, making written requests for repayment, offering to negotiate a repayment schedule, and offsetting the overpayment against future payments.

(b) If the coalition is unable to collect the overpayment within ninety (90) calendar days after making a reasonable effort, as determined by the Agency for Workforce Innovation, the coalition shall request in writing that the Agency for Workforce Innovation report the overpayment for collection by the Department of Financial Services, in accordance with Rule 69I-21.003, F.A.C. The coalition shall provide all information necessary for the Agency for Workforce Innovation to report the overpayment for collection by the Department of Financial Services.

(c) A VPK provider that fails to reimburse a coalition when it has received an overpayment as the result of a provider advance payment shall be ineligible to receive additional payment for offering the VPK program until the provider has reimbursed the coalition.

Rulemaking Authority 1002.75(2)(h), 1002.75(4), 1002.79(2) FS. Law Implemented 1002.71(5)(b), 1002.75(2)(h), 1002.75(4) FS. History–New_________.

NAME OF PERSON ORIGINATING PROPOSED RULE: Kristin R. Harden
NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Cynthia R. Lorenzo
DATE PROPOSED RULE APPROVED BY AGENCY HEAD: May 20, 2009
DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAW: April 24, 2009