6M-8.702. Removal From Voluntary Prekindergarten Education Program Eligibility

(1) Removal from Future Eligibility. Except when a provider receives a good cause exemption under Section 1002.68(6), F.S., an early learning coalition or school district, as applicable, shall remove a Voluntary Prekindergarten Education (VPK) Program provider for a period of at least two (2) years but no more than five (5) years from future eligibility to offer new VPK classes under the following conditions:

(a) When the provider receives a performance metric for the same program type (school-year or summer) that for three consecutive years fails to meet the minimum performance metric or designation adopted by the Department under Section 1002.68(4), F.S., the provider shall not offer VPK classes in that program type. For the purpose of this rule, consecutive years has the same meaning as defined in subsection 6M-8.701(1), F.A.C. The Department will notify early learning coalitions and school districts when a provider is removed from eligibility under this condition.

(b) Failure to implement an approved improvement plan, staff development plan, and approved curriculum under Section 1002.68(5)(b), F.S.

(c) If a provider, or an owner, officer or director is (or is acting as the beneficial owner for someone who has been) convicted, found guilty of, or pleads guilty or nolo contendere to public assistance fraud, according to Section 1002.91, F.S.

(d) If a provider’s executed statewide provider contract adopted in Rule 6M-8.301, F.A.C., is terminated after due process procedures adopted in the contract are completed.

(2) Removal Period. In determining the time period for removal from eligibility, the coalition or school district shall consider the following factors: the severity of the provider’s actions leading to the termination of the contract; the health, safety and welfare of children enrolled at the provider; the financial impact of the provider’s actions; the impact that the revocation would have upon the local community; consistency with coalition’s actions against other providers for similar violations of the provider contract or program requirements; the length of time that provider provided services under the contract with the coalition; and whether the provider had previously violated the terms of the current provider contract and prior contracts with the coalition.

(3) Letter of Removal to Private VPK Providers. The coalition shall issue a written Letter of Removal to the provider, which shall be delivered by at least two of the following methods to the provider via certified postal service, electronic mail (email), facsimile, or courier service. The Letter of Removal shall be provided within thirty (30) days after the decision on an application for good cause exemption by the Department, or, if no application was filed by the provider, within thirty (30) days after the deadline to file a good cause exemption application has expired, with a copy to the Department of Education, Division of Early Learning, at the following address: 325 W. Gaines Street, Tallahassee, Florida 32399. A Letter of Removal shall contain the following provisions:

(a) Notice of the program type (school-year or summer) for which the provider is ineligible, in situations where a good cause exemption is not granted under paragraph (1)(a);

(b) The name and address of the provider’s program;

(c) The date upon which the provider was deemed ineligible to offer the program type in the future and the number of VPK program years the provider will be ineligible to offer the program; and,

(d) Notice of termination of any provider contracts, if applicable, under which the provider would have begun a new VPK class for the VPK program type for which the provider has been deemed ineligible.

(4) Notification of Removal to Public School VPK Providers. The Department shall notify the school district, in writing, to remove a public school VPK provider from future eligibility to offer new VPK classes of the program type for a period of at least two (2) years but no more than five (5) years and shall provide a copy of such notification to the early learning coalition.

Rulemaking Authority 1001.02(1), (2)(n), 1002.79 FS. Law Implemented 1002.55(6), 1002.61(10)(b), 1002.63(9)(b), 1002.68(5)(c)-(d), 1002.73(4)(c) FS. History–New 3-26-13, Amended 2-2-15, 6-14-22.