7172876, 60BBER09-2 - Florida Administrative Rules, Law, Code, Register

Home

Florida Department of State and Division of Library and Information Services

Notice: 7172876

Notice of Emergency Rule

Department:

DEPARTMENT OF MANAGEMENT SERVICES

Division:

Agency for Workforce Innovation

Overview

RULE:

60BBER09-2

Eligibility for Children in Families Receiving Unemployment Compensation

SPECIFIC REASONS FOR FINDING AN IMMEDIATE DANGER TO THE PUBLIC HEALTH, SAFETY OR WELFARE:

The school readiness program was established in Florida to provide child care and educational services to children of low income families in order to “increase children’s chances of achieving future educational success and becoming productive members of society.” Section 411.01(2)(a), Florida Statutes (2008). The Agency for Workforce Innovation is charged with administering the school readiness program and has previously adopted eligibility criteria for students and their families.
At this time, eligibility to receive school readiness program services is generally restricted through rule to children whose parents are employed or enrolled in classes; who are at risk of abuse or neglect, welfare dependency, or school failure; who have a documented special need; or whose parents are migratory agricultural workers. Children of unemployment compensation recipients are ineligible to receive assistance.
The rate of unemployment in the State of Florida has risen dramatically since January 2007. Between January and May 2007, 245,653 individuals filed claims for unemployment benefits. During the same period in 2008, 346,202 individuals filed claims, representing an increase of 41%. Accordingly, hundreds of thousands of individuals are unable to access school readiness services.
To address the current economic crisis, the federal government passed the American Recovery and Reinvestment Act (the Act) and provided additional funding for the school readiness program which must be expended in accordance with the purposes described in the Act. Two of the enumerated purposes are “to preserve and create jobs and promote economic recovery” and “to assist those most impacted by the recession.”
The Act also clearly indicates that recipients of the funding must commence “expenditures and activities as quickly as possible.” Furthermore, each provision for the expenditure of funds was designated by the United States Congress “as an emergency requirement and necessary to meet emergency needs.” Recent guidance from the United States Department of Health and Human Services, Administration for Children and Families, confirmed that the Agency has the authority under federal law to offer school readiness services to the children of families receiving Unemployment Compensation benefits.
In order to ensure that parents have the ability to proactively seek employment opportunities and to reduce reliance on unemployment compensation benefits in Florida, the Agency seeks to immediately expand the current eligibility categories to include families receiving unemployment compensation benefits.
Access to school readiness program services would allow parents to enroll children in safe and healthy learning environments while they seek employment opportunities thereby assisting families dramatically impacted by the current recession. In order to facilitate a reduction of reliance on unemployment compensation benefits and to promote economic recovery the Agency seeks to ensure that Florida is cultivating a generation of children who are ready to learn and eventually become productive members of society. Finally, the directive of the federal government mandates that funds be expended a quickly as possible.
Accordingly, it is necessary that this emergency rule be implemented immediately, without the delay attendant with the regular rulemaking process. The Agency will immediately begin the regular rulemaking process for adopting this rule under Chapter 60BB-4, F.A.C.

REASON FOR CONCLUDING THAT THE PROCEDURE IS FAIR UNDER THE CIRCUMSTANCES:

The eligibility determination process provides the most efficient means of providing school readiness program services to individuals entitled to them under the emergency rule. All procedural remedies available to recipients of school readiness program services will be available to recipients of benefits under the emergency rule under state and federal law. Thus, recipients of school readiness services under this category of eligibility will receive all the due process protections that other recipients receive.

SUMMARY:

All procedural remedies available to recipients of school readiness program services will be available to recipients of benefits under the emergency rule under state and federal law. Thus, recipients of school readiness services under this category of eligibility will receive all the due process protections that other recipients receive.

THE PERSON TO BE CONTACTED REGARDING THE EMERGENCY RULE IS:

Kristin R. Harden, Assistant General Counsel, Agency for Workforce Innovation, Caldwell Building MSC 110, 107 S. Madison Street, Tallahassee, Florida 32399-4120

PRINT PUBLISH DATE:

5/29/2009 Vol. 35/21

OVERSIGHT COMMITTEE:

Joint Administrative Procedures Committee
Florida Administrative Law Central Online Network (F.A.L.C.O.N.)

RELATED COURT CASES:

Division of Administrative Hearings

FEDERAL eRULEMAKING
WEB PORTAL:

Regulations.gov

HOW TO LINK TO
THIS NOTICE:

http://flrules.org/gateway/ruleno.asp?id=60BBER09-2&PDate=5/29/2009&Section=4

REFERENCE MATERIALS:

No reference(s).

Under Florida law, E-mail addresses are public records. If you do not want your E-mail address released in response to a public records request, do not send electronic mail to this entity. Instead, contact this office by phone or in writing.