The rules are being amended to add eligibility and documentation provisions for families with an Intensive Service Account or an Individual Training Account under section 445.009, F.S., as an at-risk category to existing ....

 

DEPARTMENT OF EDUCATION

Office of Early Learning

RULE NOS.:RULE TITLES:

6M-4.200School Readiness Eligibility Provisions

6M-4.208Documenting Eligibility for the School Readiness Program

PURPOSE AND EFFECT: The rules are being amended to add eligibility and documentation provisions for families with an Intensive Service Account or an Individual Training Account under section 445.009, F.S., as an at-risk category to existing requirements to guarantee compliance with federal and a new statutory mandate in s. 1002.87(1), F.S.

SUMMARY: The proposed rules establish eligibility and eligibility documentation requirements 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 division'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.

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: 1001.02, F.S

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, September 2, 2021 2:30 p.m. – 3:30 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, Deputy Director of Programs and Policy, Division 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

(a) through (c) No change

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

1. No change

2. No change.

3. No change.

4. Person who has legal custody of the minor by order of a court.

5.If  the minor by order of a court.

(e) through (k) No change

(2) Authorization period and purpose for care. A family’s eligibility for school readiness services depends on an established purpose for care. A coalition must authorize services in accordance with the family’s purpose for care. During the authorization period the child shall be considered eligible and shall receive services at least at the same level, regardless of a change in family income remaining at or below 85% SMI or a temporary change in the ongoing status of the child’s parent as working or attending a job training or educational program.

(a) No change.

(b) Twelve-month authorization period. The coalition shall authorize at-risk, Economically Disadvantaged, and Special Needs children, and a parent who has an Intensive Service Account or an Individual Training Account under s. 445.009, F.S. for 12-months of child care funding.

1. No change.

2. Intensive Service Account or an Individual Training Account under s. 445.009, F.S. Eligibility is based on a documented child care authorization from the local workforce development board or its contracted provider, as defined in section 445.009, F.S.

a. Child care authorizations for a parent with an Intensive Service Account or an Individual Training Account shall be valid for the duration determined by the referring entity.

b. A child may continue to maintain eligibility under the Intensive Service Account or an Individual Training Account category as long as there is a current and valid child care authorization. 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 an additional referral is granted to the parent that extends the purpose for care beyond the initial 12-month authorization period, the coalition shall authorize the parent for an additional 12-month authorization period.

3. 2.Economically disadvantaged. To be eligible under this category the family must meet the following requirements –

a. No change.

b. No change.

c. No change.

4. 3. Special needs. To be eligible under this category, a child must be age three to kindergarten admission and have documentation of an individual education plan from the local school district.

(c) No changes

(3) Re-establishment period for purpose of care. When a parent experiences a loss in purpose for care, the coalition must provide the parent a three (3) month period to re-establish purpose for care, at which time the parent must meet purpose for care to remain eligible. If the child served is subject to twelve-month eligibility, then the child will remain eligible for the remainder of the twelve-month authorization period. The child shall continue to receive services at the same level and provider shall continue being reimbursed during the three (3) month re-establishment period.

(a) At-risk, relative caregiver, and welfare transition program and Intensive Service Account or an Individual Training Account participant. 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. 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 the same eligibility category or another eligibility category to continue to receive services.

(b) through (d) No change.

(4) Redetermination. All redetermining eligible At-risk, Economically Disadvantaged, and Special Needs children and Intensive Service Account or an Individual Training Account participants, will be authorized for 12-months of child care.

(a) through (c) No change.

(5) No change.

(6) No change.

(7) Transfer of School Readiness Services. Eligible families shall continue to receive school readiness services during the 12-month authorization 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 authorization. Transferring families are subject to the same documentation document requirements found under subsection 6M-4.208(4), F.A.C. 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.

(b) through (d) No change.

(8) Termination of School Readiness Services. Services shall be discontinued for a family prior to the end of the 12-month authorization 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 authorization period, whichever comes first. The notification to the parent shall include the reason for termination. Qualifying events for termination include:

(a) No change.

(b) Substantiated fraud or intentional program violation determined by the coalition or its designee pursuant sections 1002.91 and 1002.84 (18)(17), F.S.

(c) through (e) No change.

Rulemaking Authority 1001.021001.213(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, 8-20-18, 6-11-20, DATE

 

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

(1) through (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 completed the documentation.

(a) through (b) 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. No change.

2. No change.

3. Current and signed residential rental agreement, mortgage statement or receipt that contains a name and address, from a rental payment, dated within 12 months of the date the child application is submitted.

4. No change.

5. No change.

6. For children identified in section 1002.87 (1), 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 residency.

7. For children identified in sections 1002.81(1)(a)-(d), F.S., the child’s Florida Medicaid-eligible status, as indicated on a child care authorization submitted by the referring agency, is sufficient to establish the child’s residency.

8. No change.

9. No change.

(d) through (e) No change.

(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 for the authorization period:

1. No change.

2. For children identified in section 1002.87(1)(a), F.S., the child’s status as a TANF recipient or a parent who has an Intensive Service Account or an Individual Training Account under s. 445.009, as indicated on a child care authorization submitted by the referring agency, is sufficient to establish purpose for care as long as the families income meets the School Readiness Program income standards, remaining at or below 85 percent of the State Median Income (SMI).

3. through .6 No change.

(g) An acknowledgement of income and family size used to establish the family copayment in accordance with rule 6M-4.400, F.A.C., if applicable, shall be documented by every family applying for school readiness service, including families of children identified in Section 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.

1. Each early learning coalition shall maintain for each authorization period, documentation of the income calculations used to establish the family unit income for each family receiving school readiness services within the statewide information system. This may include documenting information on a locally created income worksheet or in case notes.

2. A family shall acknowledge a documented change in income or family size during the authorization period, if applicable.

Rulemaking Authority 1001.021001.213(2) FS. Law Implemented 1002.81(1), (8), (16), 1002.82(2)(f), 1002.84(8)(7), 1002.87(1), (5), (6) FS. History–New 4-21-03, Formerly 60BB-4.208, Amended 12-18-16, 8-20-18, 6-11-20, DATE

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Katerina Maroney, Deputy Director of Programs and Policy

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

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: July 26, 2021

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: June 18, 2021