60BB-8.2015: VPK Child Registration Pilot Project
60BB-8.305: Documenting and Certifying Child Attendance in the VPK Program
60BB-8.451: VPK Class Schedules
60BB-8.900: VPK Forms
60BB-8.901: Qualified Contractors
PURPOSE AND EFFECT: To adopt rules to establish procedures for early learning coalitions related to the VPK child registration pilot project, documenting and certifying child Attendance in the VPK program, VPK class schedules, VPK forms, and qualified contractors.
SUMMARY: The proposed rules seek to establish procedures for early learning coalitions related to the VPK Program such as the VPK child registration pilot project, documenting and certifying child Attendance in the VPK program, VPK class schedules, VPK forms, and qualified contractors.
SUMMARY OF ESTIMATED REGULATORY COSTS: No Statement of Estimated Regulatory Cost was prepared.
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.
SPECIFIC AUTHORITY: 1002.79 FS.
LAW IMPLEMENTED: 411.01, 1002.53, 1002.55, 1002.61, 1002.63, 1002.71, 1002.75 FS.
IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE SCHEDULED AND ANNOUNCED IN FAW.
THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Kelley Cramer, Senior Attorney, 107 East Madison Street, MSC 110, Tallahassee, Florida 32399-4128, (850)245-7150
THE FULL TEXT OF THE PROPOSED RULE IS:
60BB-8.2015 VPK Child Registration Pilot Project.
(1) Pilot project. There is created a VPK child registration pilot project for the 2006-2007 and 2007-2008 program years in Baker, Bradford, Clay, Collier, Gadsden, Glades, Hendry, Jefferson, Lee, Leon, Liberty, Madison, Marion, Nassau, Okaloosa, Orange, Wakulla, Walton, St. Lucie, and Taylor counties.
(2) Initial eligibility. A private provider must meet the following requirements for initial eligibility to participate in the pilot project:
(a) The private provider must apply to participate in the pilot project on forms adopted by the early learning coalition. The forms must be submitted to the coalition and include the name of the private provider, the address and telephone number of the provider’s VPK site, the name of the provider’s prekindergarten director or designee, the date that the director or designee attends the training session required under paragraph (c), and other information demonstrating that the provider is eligible under this rule to participate in the pilot project.
(b)1. To be eligible for the pilot project for the 2006‑2007 program year, the private provider must deliver instruction for the VPK program in the 2005-2006 program year.
2. To be eligible for the pilot project for the 2007-2008 program year, the private provider must deliver instruction for the VPK program in the 2005-2006 and 2006-2007 program years.
(c) The private provider’s prekindergarten director or designee must attend a training session conducted by the coalition which instructs the provider on procedures for registering a child for the VPK program, accepting a child application and supporting documentation on behalf of the coalition, and conducting a parent‑orientation session.
(3) Continuing eligibility. A private provider must also meet the following requirements for initial eligibility and continue to meet the requirements to participate in the pilot project:
(a) The private provider must comply with this rule.
(b) The private provider’s VPK site must be located in one of the pilot counties listed in subsection (1).
(c) The private provider, while participating in the pilot project, must annually sign and submit to the coalition Form AWI‑VPK 21 (Addendum to Statewide Provider Agreement) incorporated by reference in Rule 60BB‑8.900, F.A.C.
(d) The private provider must record daily child attendance using a paper sign-in or sign-out log or electronic attendance‑tracking system described in paragraph 60BB‑8.305(2)(a), F.A.C.
(e) The private provider must submit accurate and timely monthly attendance rosters for the VPK program in accordance with subsection 60BB-8.305(3), F.A.C., and, if the provider is a school readiness provider, for the school readiness program. A private provider is not eligible for the pilot project if the coalition determines that, during the previous 24 months, the provider:
1. Submits two or more consecutive, or a combined total of four or more, monthly attendance rosters for payment 10 or more calendar days after the required submission date;
2. Submits two or more consecutive, or a combined total of four or more, monthly attendance rosters for payment which contain inaccurate reporting of a child’s attendance;
3. Fails to repay an overpayment to the coalition by the required repayment date after the coalition discovers the overpayment and requests repayment from the private provider;
4. Submits a monthly attendance roster for payment which results in an overpayment that exceeds 20 percent of the payment for a calendar month due to the provider’s inaccurate reporting of a child’s attendance; or
5. Submits a monthly attendance roster for payment which contains fraudulent or other intentional misreporting of a child’s attendance.
(f) If a private provider is licensed by the Department of Children and Family Services or local licensing agency under Sections 402.301-402.319, F.S., the provider is not eligible for the pilot project if the provider’s license status, as recorded in the department’s Child Care Information System, is “Revocation Action Pending,” “Suspension Action Pending/Suspended,” or “Closed.”
(4) Child registration procedures. A coalition shall allow a private provider eligible for the pilot project, on behalf of the coalition, to register a child for the VPK program. A private provider may only register a child under this rule who the provider admits in one of the provider’s VPK classes. A private provider registering a child under this rule must comply with the following registration procedures:
(a) Notwithstanding subsection 60BB-8.201(1), F.A.C., a parent registering his or her child for the VPK program under this rule must complete, sign, and submit to the private provider Form AWI‑VPK 01P (Child Application and Provider Admission) incorporated by reference in Rule 60BB-8.900, F.A.C., instead of Form AWI-VPK 01 or the online child application. A parent must submit Form AWI-VPK 01P to the private provider with the supporting documentation of the child’s age and residential address required under Rule 60BB‑8.200, F.A.C.
(b) Notwithstanding paragraph 60BB-8.201(3)(a), F.A.C., instead of the coalition conducting a face-to-face parent-orientation session, a private provider participating in the pilot project shall conduct the parent-orientation session on behalf of the coalition for a parent registering his or her child for the VPK program under paragraph (a). A private provider must conduct a parent‑orientation session in accordance with the procedures in subsection 60BB‑8.201(3), F.A.C.
(c) A private provider shall review a child’s Form AWI‑VPK 01P and supporting documentation and, within 5 working days after a child’s parent registers the child, shall submit to the coalition or return to the parent, the child’s Form AWI‑VPK 01P and supporting documentation, as follows:
1. The private provider shall submit a child’s Form AWI‑VPK 01P and supporting documentation to the coalition if the provider’s review confirms that the child’s Form AWI‑VPK 01P is complete, signed, and submitted with the required supporting documentation; the provider predetermines that the child appears to be eligible for the VPK program; and the provider admits the child in one of the provider’s VPK classes.
2. The private provider shall return a child’s Form AWI‑VPK 01P and supporting documentation to the child’s parent for correction and resubmission to the provider if the provider’s review finds that the child’s Form AWI‑VPK 01P is not complete, not signed, or not submitted with the required supporting documentation.
3. If the private provider predetermines that a child does not appear to be eligible, the provider shall return the child’s Form AWI‑VPK 01P and supporting documentation to the child’s parent and, on the blank spaces included on Form AWI‑VPK 01P, notify the parent of the reasons that the child does not appear to be eligible and that the provider’s predetermination is not the coalition’s official determination of the child’s eligibility.
(d) A coalition shall, in accordance with Rule 60BB-8.202, F.A.C., determine the eligibility of a child registering for the VPK program under this rule. Notwithstanding paragraph 60BB‑8.202(1)(c), F.A.C., a coalition is not required to issue a certificate of eligibility for a child registering under this rule.
(e) If a coalition determines that a child is not eligible for the VPK program, the coalition shall inform the private provider and the child’s parent in writing that the child is not eligible and return the child’s Form AWI-VPK 01P and supporting documentation to the parent.
(5) Payment for pilot project prohibited. In accordance with subsection 60BB-8.901(3), F.A.C., a coalition, qualified contractor, or subcontractor may not pay or otherwise compensate a private provider for participating in the pilot project, registering a child for the VPK program under this rule, accepting a child application or supporting documentation on behalf of the coalition, or conducting a parent-orientation session.
(6) School district or public school. Notwithstanding Rules 60BB-8.201 and 60BB-8.202, F.A.C., a school district or public school, if allowed under a contract with the coalition, may use the child registration procedures in subsection (4) to register a child for the district’s or school’s VPK program, regardless of whether the district or school is located in one of the pilot counties listed in subsection (1) or meets the eligibility requirements listed in subsections (2) and (3).
Specific Authority 1002.79(2) FS. Law Implemented 1002.53(2), (4), (5), 1002.75(2)(a), (b) FS. History–New_________.
60BB-8.305 Documenting and Certifying Child Attendance in the VPK Program.
(1) Daily documentation of child attendance.
(a) A private provider or public school in the VPK program shall keep documentation, recorded daily, of the attendance of a child enrolled in the program with the provider or school.
(b) If a private provider or public school in the VPK program is also a school readiness provider, the provider or school may jointly document a child’s daily attendance for the VPK program with the child’s attendance for the school readiness program which is documented in accordance with Rule 60BB-4.502, F.A.C.
(2) Monthly verification of child attendance. A private provider or public school in the VPK program shall require the parent of a child enrolled in the program with the provider or school to verify monthly the child’s attendance for the prior month, as follows:
(a) A child’s parent must verify the child’s attendance on Form AWI-VPK 03S (Child Attendance and Parental Choice Certificate Short Form) incorporated by reference in Rule 60BB‑8.900, F.A.C., if the private provider or public school records the child’s daily attendance using one of the following methods:
1. A paper sign-in or sign-out log that records the date, child’s name, and signature of the parent or other person dropping off or picking up the child to, or from, the VPK site; or
2. An electronic attendance-tracking system that records the date, child’s name, and electronic signature, card swipe, entry of a personal identification number, or similar daily action taken by the parent or other person dropping off or picking up the child to, or from, the VPK site.
(b) A child’s parent must verify the child’s monthly attendance on Form AWI‑VPK 03L (Child Attendance and Parental Choice Certificate Long Form) incorporated by reference in Rule 60BB‑8.900, F.A.C., if the private provider or public school records the child’s daily attendance using a method (e.g., instructor records daily attendance using a roll book) other than the methods described in paragraph (a). Before a parent signs Form AWI-VPK 03L, the private provider or public school must record the child’s monthly attendance on the form or attach documentation to the form which shows the child’s monthly attendance.
(3) Monthly certification of child attendance for payment.
(a) An early learning coalition shall give a private provider or public school a monthly roster that lists each child enrolled in the provider’s or school’s VPK program. A coalition shall prepare a monthly roster using the statewide information system. A monthly roster shall include blank spaces for a private provider or public school to certify a child’s attendance for the calendar month.
(b) A private provider or public school must certify the monthly attendance of a child enrolled in the provider’s or school’s VPK program. Before a coalition may pay a private provider or public school for a month, the provider or school must certify the attendance of each enrolled child from the most recently complete calendar month by completing a monthly roster and submitting the completed roster to the coalition.
(c) If a child arrives at a private provider’s or public school’s VPK site but the provider or school refuses the child’s attendance for disciplinary or other reasons (e.g., due to tardiness or prohibited attire), the provider or school must record the instructional day as an absence.
Specific Authority 1002.79(2) FS. Law Implemented 1002.71(5)(b), (6)(b), (d), 1002.75(2)(f), (g), (h) FS. History–New .
60BB-8.451 VPK Class Schedules.
An early learning coalition may not pay a private provider or public school for a VPK class unless the class schedule complies with the following:
(1) School-year program.
(a) Except as provided in paragraph (b), a school-year program may not begin instruction before August 1.
(b) If the uniform date fixed by a district school board under Section 1001.42(4)(f), F.S., for the opening of public schools for regular school programs occurs in a county before August 1, a school-year program in the county may not begin instruction before the uniform date.
(c) A school-year program must complete instruction by June 30.
(2) Summer program. A summer program may not begin instruction before May 1 and must complete instruction before the uniform date fixed by the district school board under Section 1001.42(4)(f), F.S., for the opening of public schools for regular school programs in the county.
Specific Authority 1002.79(2) FS. Law Implemented 1002.53(1), (3), 1002.55(2), 1002.61(2), 1002.63(2), 1002.75(2)(c), (d) FS. History– New .
60BB-8.900 VPK Forms.
(1) The forms incorporated by reference in this rule may be obtained from the Office of Early Learning of the Agency for Workforce Innovation at the following address: Caldwell Building, 107 East Madison Street, MSC 140, Tallahassee, Florida 32399‑4128, (850)921-3180, TTY/Florida Relay 711, and at the following website: http://www.floridajobs. org/earlylearning.
(2) The following forms are hereby incorporated by reference:
(a) Form AWI-VPK 01 (Child Application) with instructions, dated January 17, 2006.
(b) Form AWI-VPK 01P (Child Application and Provider Admission) with instructions, dated September 13, 2006.
(c) Form AWI-VPK 02 (Child Eligibility and Enrollment Certificate), dated September 13, 2006.
(d) Form AWI-VPK 03L (Student Attendance and Parental Choice Certificate Long Form), dated September 21, 2005.
(e) Form AWI-VPK 03S (Student Attendance and Parental Choice Certificate Short Form), dated September 21, 2005.
(f) Form AWI-VPK 06 (Voluntary Prekindergarten Parent Handbook), dated August 15, 2006.
(g) Form AWI-VPK 10 (Statewide Provider Registration Application) with instructions, dated January 17, 2006.
(h) Form AWI-VPK 11 (Class Registration Application) with instructions, dated January 17, 2006.
(i) Form AWI-VPK 20 (Statewide Provider Agreement), dated June 9, 2006.
(j) Form AWI-VPK 21 (Addendum to Statewide Provider Agreement), dated September 13, 2006.
(k) Form AWI-RR 63 (A Family Guide for Selecting Quality Early Learning Programs), dated June 30, 2006.
(l) Form AWI-RR 64 (A Quality Checklist for Evaluating Early Learning Programs), dated June 30, 2006.
Specific Authority 1002.79(2) FS. Law Implemented 1002.53(4), 1002.55(3)(g), 1002.61(7)(a), 1002.63(8)(a), 1002.71(5)(b), (6)(a), (b), 1002.75(2) FS. History–New .
60BB-8.901 Qualified Contractors.
(1) An early learning coalition may contract with a qualified entity to perform the coalition’s duties under this chapter. A coalition is ultimately responsible for its duties when they are performed by a qualified contractor.
(2)(a) A coalition may not contract, and a qualified contractor may not subcontract, with a private entity that derives more than 5 percent of its income from providing child care as defined in Section 402.302, F.S., for the performance of the following duties:
1. Registering a child for the VPK program, accepting a child application or supporting documentation on behalf of a coalition, or conducting a parent-orientation session, except as provided in Rule 60BB-8.2015, F.A.C., for the VPK child registration pilot project;
2. Determining the eligibility of a child for the VPK program, issuing a certificate of eligibility for a child, or enrolling a child in the statewide information system; or
3. Accepting a provider application, class application, or supporting documentation on behalf of a coalition, or determining the eligibility of a private provider or public school for the VPK program.
(b) This subsection does not apply to a contract between a coalition and a school district or public school.
(3) A coalition, qualified contractor, or subcontractor may not pay or otherwise compensate a public or private entity for registering a child for the VPK program, accepting a child application or supporting documentation from the child’s parent on behalf of the coalition, or conducting a parent-orientation session for the child’s parent, if the child is registering for the entity’s VPK program.
Specific Authority 411.01(4)(e), 1002.79(2) FS. Law Implemented 411.01(5)(d)4.g., 10., 1002.53(4), (5), 1002.55(3)(g), 1002.61(7)(a), 1002.63(8)(a), 1002.71(5)(b), (6)(b), (d), 1002.75(2) FS. History– New .