The proposed revisions to the rule and the contract update and clarify existing requirements.

 

DEPARTMENT OF EDUCATION

Office of Early Learning

RULE NO.:RULE TITLE:

6M-4.610Statewide Provider Contract for the School Readiness Program

PURPOSE AND EFFECT: The proposed revisions to the rule and the contract update and clarify existing requirements.

SUMMARY: The rule and incorporated forms outline school readiness provider eligibility requirements to deliver 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.

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), 1002.82(2)(m) FS.

LAW IMPLEMENTED: 1002.82(2)(m), (6), 1002.84(7), (8), (10), 1002.87(2), 1002.88, 1002.91, 1002.97(3) FS.

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

DATE AND TIME: Thursday, January 21, 2021, 10:00 a.m. – 11:00 a.m. ET, or at the conclusion of business whichever is earlier.

PLACE: via GoToWebinar only. To register for the webinar, please visit: https://attendee.gotowebinar.com/register/2613210797042086668

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: Andrea Barber, Lead Policy Analyst, Office of Early Learning, 250 Marriott Dr., Tallahassee, Florida 32399, [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: Andrea Barber, Lead Analyst, [e-mail]; [phone]

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

6M-4.610 Statewide Provider Contract for the School Readiness Program.

(1) General Provisions.

(a) Forms.

1. The State of Florida Statewide School Readiness Provider Contract, Form OEL-SR 20 with exhibits 1 through 7 (July 2019), is hereby adopted and incorporated by reference. Form OEL-SR 20L entitled “State of Florida Statewide School Readiness Provider Contract Licensed Provider Responsibilities” (July 2019), Form OEL-SR 20LE entitled “State of Florida Statewide School Readiness Provider Contract License Exempt Provider Responsibilities” (July 2019), Form OEL-SR 20FFN entitled “State of Florida Statewide School Readiness Provider Contract Informal Provider Responsibilities” (July 2019), and Form OEL-SR 20A entitled “State of Florida Amendment to the Statewide School Readiness Provider Contract” (July 2019) are hereby adopted and incorporated by reference. A copy of Form OEL-SR 20 including exhibits 1 through 7, Form OEL-SR 20FFN, OEL-SR 20LE and OEL-SR 20L may be obtained at http://www.floridaearlylearning.com/oel_resources/rules_guidance_technical_assistance.aspx or from the Office of Early Learning, 250 Marriott Drive, Tallahassee, FL 32399. The incorporated forms are also available at: http://www.flrules.org/Gateway/reference.asp?No=Ref-10020.

12. The State of Florida Statewide School Readiness Provider Contract, Form OEL-SR 20 with exhibits 1 through 7 (July 2020), is hereby adopted and incorporated by reference. Form OEL-SR 20L entitled “State of Florida Statewide School Readiness Provider Contract Licensed Provider Responsibilities” (July 2020), Form OEL-SR 20LE entitled “State of Florida Statewide School Readiness Provider Contract License Exempt Provider Responsibilities” (July 2020), Form OEL-SR 20FFN entitled “State of Florida Statewide School Readiness Provider Contract Informal Provider Responsibilities” (July 2020), and Form OEL-SR 20A entitled “State of Florida Amendment to the Statewide School Readiness Provider Contract” (July 2020) are hereby adopted and incorporated by reference. A copy of Forms OEL-SR 20 including exhibits 1 through 7, OEL-SR 20A, OEL-SR 20FFN, OEL-SR 20LE and OEL-SR 20L may be obtained at http://www.floridaearlylearning.com/oel_resources/rules_guidance_technical_assistance.aspx or from the Office of Early Learning, 250 Marriott Drive, Tallahassee, FL 32399. The incorporated forms are also available at: http://www.flrules.org/Gateway/reference.asp?No=Ref-11273.

2. The State of Florida Statewide School Readiness Provider Contract, Form OEL-SR 20 with exhibits 1 through 7 (July 2021), is hereby adopted and incorporated by reference. Form OEL-SR 20L entitled “State of Florida Statewide School Readiness Provider Contract Licensed Provider Responsibilities” (July 2021), Form OEL-SR 20LE entitled “State of Florida Statewide School Readiness Provider Contract License Exempt Provider Responsibilities” (July 2021), Form OEL-SR 20FFN entitled “State of Florida Statewide School Readiness Provider Contract Informal Provider Responsibilities” (July 2021), and Form OEL-SR 20A entitled “State of Florida Amendment to the Statewide School Readiness Provider Contract” (July 2021) are hereby adopted and incorporated by reference. A copy of Forms OEL-SR 20 including exhibits 1 through 7, OEL-SR 20A, OEL-SR 20FFN, OEL-SR 20LE and OEL-SR 20L may be obtained at http://www.floridaearlylearning.com/oel_resources/rules_guidance_technical_assistance.aspx or from the Office of Early Learning, 250 Marriott Drive, Tallahassee, FL 32399. The incorporated forms are also available at: http://www.flrules.org/Gateway/reference.asp?No=Ref-11273.

(b) No change.

(c) All forms referenced in subparagraph (1)(a)1. above, shall be used by the early learning coalitions to enter into provider contracts with an end effective date of June 30, 2021 2020. All forms reference in subparagraph (1)(a)2. above, shall be used by the early learning coalitions to enter into provider contracts with a beginning effective date of July 1, 2021 2020 and all dates thereafter until a new contract form is subsequently adopted. All SR providers that register to offer the SR Program must execute Form OEL-SR-20 including exhibits, and Form OEL-SR 20FFN, OEL-SR 20LE or OEL-SR 20L for the appropriate contract year.

(d) through (f) No change.

(2) No change.

(3) School Readiness Program Ineligibility. For the purpose of this subsection “individual associated with a provider” means an individual or family member of an individual who, regardless of compensation, holds a management position, oversees the operations of a provider, or is an officer, shareholder, beneficial owner or member of the board of directors of a provider. A provider shall not be eligible to contract to offer the SR program if any of the following circumstances apply:

(a) The early learning coalition may refuse to contract with a SR provider or revoke a SR provider’s eligibility to deliver the School Readiness Program if the provider has been cited for a Class 1 violation by the department or local licensing agency, as applicable, in accordance with Rules 6M-4.620 and 65C-22.010 or 65C-20.012, F.A.C. (as applicable to the provider type). Action taken by a coalition to revoke a provider’s eligibility must be consistent with Section 1002.88(2)(a) and (b), F.S., in that the revocation is for a period of five (5) years. If the coalition chooses to implement this provision the coalition must develop policies and procedures, in accordance with Element V. Monitoring in Form OEL-SR 115, as incorporated by reference in Rule 6M-9.115, F.A.C., to ensure the standard is applied consistently to all potential and current SR program providers. Each coalition shall;

1.through 3. No change.

(b) through (h) No change.

(4) No change.

Rulemaking Authority 1001.213(2), 1002.82(2)(m) FS. Law Implemented 1002.82(2)(m), (6), 1002.82, 1002.84(8), (10), (15), (17), 1002.85(2)(h), 1002.87(2), 1002.88, 1002.91, 1002.97(3) FS. History–New 2-18-15, Amended 12-18-16, 11-29-18, 12-17-19,____.

 

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, Executive Director

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: December 21, 2020

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: November 12, 2020