Notice of Proposed Rule

DEPARTMENT OF EDUCATION
Florida's Office of Early Learning
RULE NO.: RULE TITLE:
6M-4.610: Statewide Provider Contract for the School Readiness Program
PURPOSE AND EFFECT: The purpose of the proposed rule is to implement the Florida’s Office of Early Learning’s (OEL’s) authority to administer the School Readiness Program by adopting a standard contract that must be used by early learning coalitions when contracting with School Readiness Program providers.
SUMMARY: This rule establishes requirements related to establishing agreements between early learning coalitions and School Readiness Program providers and incorporates a standard agreement by reference.
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 been prepared by the agency.
It is estimated that, over the course of five years, this rule will have a total cost impact of approximately $72,900. This estimate is based on a cost of $9 an hour for employee time, an estimate that it will take each impacted provider 45 minutes to comply with the requirements of the rule and an estimate of 10,800 impacted providers. The cost impact to each provider would be approximately $6.75 per provider per year.
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:
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: 411.01(4)(e) FS.
LAW IMPLEMENTED: 411.01(4)(d)9. FS.
IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE HELD AT THE DATE,TIME AND PLACE SHOWN BELOW(IF NOT REQUESTED, THIS HEARING WILL NOT BE HELD):
DATE AND TIME: July 27, 2012, 1:00 p.m. – 3:00 p.m.
PLACE: Florida’s Office of Early Learning, 250 Marriott Drive, Tallahassee, FL 32301, or via WebEx which may be accessed at the following website: http://www.floridaearlylearning.com/EarlyLearning/OEL_Program_ProposedRulesNotices.html
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: Ed Hoover, (850)717-8550. 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: Stephanie Savestanan at (850)717-8550

THE FULL TEXT OF THE PROPOSED RULE IS:

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

(1) The Statewide School Readiness Provider Contract (Form OEL-SR 20, dated August 2012) is hereby incorporated by reference.

(2) An early learning coalition may not pay a School Readiness (SR) provider which registers to offer the SR program on or after October 1, 2012, except under the Statewide School Readiness Provider Contract adopted herein with the coalition. A coalition must be a party to a Statewide School Readiness Provider Contract.

(3) The Statewide School Readiness Provider Contract may be in effect for a term of up to three (3) years, at the discretion of the coalition, after which point the Statewide School Readiness Provider Contract must be executed again. 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 or manager 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.

(4) To request participation in the SR program, a provider must complete and execute a copy of the Statewide School Readiness Provider Contract 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. Upon determination 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 which has been executed by the provider.

(5) An early learning coalition which determines a provider is eligible to offer the SR program shall forward a copy of the fully executed Statewide School Readiness Provider Contract to the SR provider to inform the provider of its eligibility to offer the SR program. A coalition shall keep the original fully executed Statewide School Readiness Provider Contract in the coalition’s records on the SR provider.

(6) Neither a coalition nor an SR provider may omit, supplement, or amend the terms and conditions of the Statewide School Readiness Provider Contract. Neither a coalition nor an SR provider may include any attachments, addenda, or exhibits to the Statewide School Readiness Provider Contract except Exhibit 1 (Provider Location List) and Exhibit 2 (Required Documentation) which are incorporated as part of Form OEL-SR 20.

Rulemaking Authority 411.01(4)(e) FS. Law Implemented 411.01(4)(d)9. FS. History–New________.


NAME OF PERSON ORIGINATING PROPOSED RULE: Stephanie Savestanan, Policy Director, Florida’s Office of Early Learning
NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Dr. Mel Jurado, Director, Florida’s Office of Early Learning
DATE PROPOSED RULE APPROVED BY AGENCY HEAD: June 19, 2012
DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAW: December 22, 2011, Vol. 37/51