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-8.301Standard Statewide Provider Contract for the VPK 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 VPK provider eligibility requirements to deliver the VPK 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, 1002.75(1), (3)(c), 1002.79 FS.

LAW IMPLEMENTED: 1002.55(3)(i), (5), 1002.61(3)(b), 1002.63(3)(b), 1002.67(4)(b), 1002.75(1), (3)(c), 1002.91(5), (7) FS.

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

DATE AND TIME: Thursday, January 21, 2021, 3:00 p.m.- 4:00 p.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/8538887977452666380

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: Cassandra Jackson [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: Cassandra Jackson, VPK Educational Policy Consultant, Office of Early Learning, 250 Marriott Dr., Tallahassee, Florida 32399, [phone]; [e-mail]

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

6M-8.301 Standard Statewide Provider Contract for the VPK Program

(1) Early learning coalitions may not execute a provider contract with a VPK provider before the VPK provider has registered with the coalition and the coalition has determined the VPK provider’s eligibility to offer VPK services in accordance with rule 6M-8.300, F.A.C.

(2)(a) Beginning with the 2017-2018 VPK Program Year, all VPK providers that register to offer the VPK program must execute Form OEL-VPK 20, including either Form OEL-VPK 20PP or Form OEL-VPK 20PS as appropriate. A coalition must be a party to a provider agreement. A school district may sign a single provider agreement on behalf of all public school VPK providers in the district. The owner or manager of multiple private VPK providers may sign a single provider agreement on behalf of all of his or her private VPK providers.

(b) VPK Beginning with the 2018-2019 VPK Program Year, all providers that register to offer the VPK program must submit all forms adopted by this rule on the Statewide Information System (known as the Provider Portal) and found at https://providerservices.floridaearlylearning.com. Public school districts, public universities, county governments (67 Florida counties) and public hospitals may print completed documents from the Provider Portal for the purpose of having original signatures if required by the local school board or governing body; however, no changes may be made to Form OEL-VPK 20.

(3) The “State of Florida Statewide Voluntary Prekindergarten Provider Contract (Form OEL-VPK 20)” dated April 2021, is hereby adopted and incorporated by reference. All VPK providers, private or public school, must execute this document to deliver the VPK program. The incorporated form is available from the Office of Early Learning, 250 Marriott Drive, Tallahassee, FL 32399 or at (insert new link) http://www.flrules.org/Gateway/reference.asp?No=Ref-10005.

(4) The “State of Florida Statewide Voluntary Prekindergarten Provider Contract Private Provider Attachment (Form OEL-VPK 20PP),” dated April 2021October 2018, is hereby adopted and incorporated by reference. This attachment becomes part of the contract for all private providers that execute the contract adopted in subsection (3). The incorporated form is available from the Office of Early Learning, 250 Marriott Drive, Tallahassee, FL 32399 or at: (insert new link) http://www.flrules.org/Gateway/reference.asp?No=Ref-10006.

(5) The “State of Florida Statewide Voluntary Prekindergarten Provider Contract Public School Attachment (Form OEL-VPK 20PS),” dated April 2021October 2018, is hereby adopted and incorporated by reference. This attachment becomes part of the contract for all public schools that execute the contract adopted in subsection (3). The incorporated form is available from the Office of Early Learning, 250 Marriott Drive, Tallahassee, FL 32399 or at: (insert new link) http://www.flrules.org/Gateway/reference.asp?No=Ref-10007.

(6) No change.

(7) Neither a coalition nor a VPK provider may omit, supplement, or amend the terms and conditions of the Provider Contract or include any attachments, addenda, or exhibits to the contract except described in this subsection. Form OEL-VPK 20PP and Form OEL-VPK 20PS are approved attachments to the provider contract. The coalition and VPK provider may agree to amend the provider contract if the specific type of amendment is identified on Form OEL-VPK 20A (April 2021October 2018), titled Amendment to Statewide Voluntary Prekindergarten Provider Contract, which is hereby incorporated by reference. The incorporated form is available from the Office of Early Learning, 250 Marriott Drive, Tallahassee, FL 32399 or at (insert new link) http://www.flrules.org/Gateway/reference.asp?No=Ref-10008. Form OEL-VPK 20A shall be executed by both the coalition and the VPK provider.

(8) through (10) No change.

(11) Form OEL-VPK 20B (April 2021October 2016), titled VPK Logotype Usage and Brand Guidelines, is hereby incorporated by reference. The incorporated form is available from the Office of Early Learning, 250 Marriott Drive, Tallahassee, FL 32399, or at (insert new link) http://www.flrules.org/Gateway/reference.asp?No=Ref-07582.

Rulemaking Authority 1001.213, 1002.75(1), (3)(c), 1002.79 FS. Law Implemented 1002.55(3)(i), (5), 1002.61(3)(b), 1002.63(3)(b), 1002.67(4)(b), 1002.71, 1002.72, 1002.75(1), (3)(c), 1002.91(4), (5), (7) FS. History–New 8-17-06, Amended 5-24-07, 12-21-10, Formerly 60BB-8.301, Amended 4-9-15, 12-18-16, 11-29-18 ______ .

 

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