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: Tuesday, October 15, 2019, 2:00 p.m. – 3:00 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/2955563523423747331

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, Early Learning Policy Manager, Office of Early Learning, 250 Marriott Dr., Tallahassee, Florida 32399, [phone]; [e-mail]

 

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 5 (October 2016), is hereby adopted and incorporated by reference. Form OEL-SR 20L entitled “State of Florida Statewide School Readiness Provider Contract Licensed Provider Responsibilities” (October 2016), Form OEL-SR 20LE entitled “State of Florida Statewide School Readiness Provider Contract License Exempt Provider Responsibilities” (October 2016), Form OEL-SR 20FFN entitled “State of Florida Statewide School Readiness Provider Contract Informal Provider Responsibilities” (October 2016), and Form OEL-SR 20A entitled “State of Florida Amendment of the Statewide School Readiness Provider Contract” (October 2016) are hereby adopted and incorporated by reference. A copy of Form OEL-SR 20 including exhibits 1 through 5, 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-07583.

12. 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.

2. 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 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: [placeholder for DFS hyperlink].

(b) To request participation in the SR Program, a provider must complete a copy of the Statewide School Readiness Provider Contract, the appropriate provider responsibility form, and submit all required documentation as indicated in the Statewide School Readiness Provider Contract to the early learning coalition under which the provider will operate. Providers shall register and execute the contract using the single statewide information system.

(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, 2020 2019. 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, 2020 2019 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) The Statewide School Readiness Provider Contract shall be in effect for the fiscal year in which the contract is effective a term of one year. A school district may sign a single Statewide School Readiness Provider Contract on behalf of all public schools in the district offering the SR Program. The owner, officer, principal or other authorized representative of multiple private child care providers may sign a single Statewide School Readiness Provider Contract on behalf of all of his or her private providers within an early learning coalition service area in which it operates.

(e) No change.

(f) No change.

(2) Inspections.

(a) No change.

(b) For all new providers that are not regulated by the department or local licensing that request participation in the SR Program and have not previously provided SR Program services or have had a one year lapse in providing SR Program services, a fully compliant pre-contractual health and safety inspection must be conducted prior to the execution of a Statewide School Readiness Provider Contract school readiness contract. Upon determination by the coalition that a provider is eligible to participate in the SR Program, an early learning coalition shall complete and execute the Statewide School Readiness Provider Contract with the provider.

(c) For new SR Program providers that are currently regulated by the department or local licensing agency, an inspection conducted by the department or local licensing agency within four (4) months for center-based programs and six (6) months for family child care homes prior to the execution of the Statewide School Readiness Provider Contract will be sufficient to meet the pre-contractual health and safety inspection requirement. However, prior to execution of an initial Statewide School Readiness Provider Contract school readiness contract a provider must not have any outstanding violations or issues of noncompliance pending from their most recent inspection. Upon determination by the coalition that a provider is eligible to participate in the SR Program, an early learning coalition shall complete and execute the Statewide School Readiness Provider Contract with the provider.

(3) 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, ___________.

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Katerina Maroney, School Readiness Policy Supervisor

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

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: September 19, 2019

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: July 11, 2019