Notice of Proposed Rule

DEPARTMENT OF MANAGEMENT SERVICES
Agency for Workforce Innovation
RULE NO: RULE TITLE
60BB-8.100: Definitions
60BB-8.200: Voluntary Prekindergarten Child Eligibility
60BB-8.201: Voluntary Prekindergarten Parent Application and Procedures
60BB-8.202: Early Learning Coalition Procedures for Child Registration, Eligibility Determination, and Enrollment
60BB-8.204: Uniform Attendance Policy for the Funding of the VPK Program
60BB-8.300: Voluntary Prekindergarten Provider Application and Procedures
60BB-8.301: Voluntary Prekindergarten Uniform Statewide Provider Agreement
60BB-8.400: VPK Program Class Sizes and Composition
PURPOSE AND EFFECT: To amend current rules to clarify procedures for early learning coalitions related to documenting child eligibility for the VPK Program; child registration procedures, application, parent orientation session for the VPK program; child eligibility determination and enrollment procedures; uniform attendance policy for funding the VPK program; provider and class registration procedures, application, eligibility determination; statewide provider agreement for the VPK Program; and VPK class sizes; blended classes; and multi-class groups.
SUMMARY: The proposed amendments are to clarify procedures relating to the VPK program, including documenting child eligibility for the VPK Program; child registration procedures, application, parent orientation session for the VPK program; child eligibility determination and enrollment procedures; uniform attendance policy for funding the VPK program; provider and class registration procedures, application, eligibility determination; statewide provider agreement for the VPK Program; and VPK class sizes; blended classes; and multi-class groups.
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: 1002.51, 1002.53, 1002.55, 1002.61, 1002.63, 1002.69, 1002.71, 1002.75, 1003.21(1)(a)2 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-8.100 Definitions.

As used in this chapter, the term:

(1) “Absent” or “absence” means an each instructional day that a child does student is not attend a VPK in attendance at the Voluntary Prekindergarten program.

(2) “Admit” or “admission” means a private provider’s or public school’s consent to an early learning coalition enrolling an eligible child in the provider’s or school’s VPK program.

(3)(2) “Attend” or “attendance” means an each instructional day, either in whole or in part, that a child student is present at a VPK the Voluntary Prekindergarten program for all or part of that day’s instruction.

(4) “Child application” means Form AWI-VPK 01 (Child Application) incorporated by reference in Rule 60BB-8.900, F.A.C. The term includes the online application that may be obtained at the following website: http://www.vpkflorida.org.

(5) “Class application” means Form AWI-VPK 11 (Class Registration Application) incorporated by reference in Rule 60BB‑8.900, F.A.C.

(6)(3) “Early learning coalition Learning Coalition” or “coalition Coalition” means an early learning coalition entity created under by Section 411.01(5), F.S., whose membership is appointed pursuant to Section 411.01(5)(a)3., F.S., and whose function it is to coordinate the Voluntary Prekindergarten program with private providers and school districts at the local level.

(4) “Eligibility and enrollment services” means registering children, conducting parent consultations, determining the eligibility of children, and enrolling children with providers or schools in the Voluntary Prekindergarten program.

(7)(5) “Enroll” or “enrollment” means recording an association in the statewide information system between a child who has been determined eligible for the VPK Voluntary Prekindergarten program and the VPK class assigned by the private provider or public school admitting chosen by the child in the program child’s parent or guardian.

(8) “Excused absence” means an instructional day from which a child is absent from a VPK program for a reason listed in paragraph 60BB‑8.204(3)(b), F.A.C.

(9)(6) “Instructional day” means a each calendar day recorded that a private provider or public school is scheduled to instruct deliver instruction to a child’s VPK student’s Voluntary Prekindergarten class.

(10) “Parent” means a parent by blood, marriage, or adoption. The term includes a stepparent, foster parent, legal guardian or custodian, or other person standing in loco parentis.

(11) “Private provider” means a private prekindergarten provider as defined in Section1002.51, F.S.

(12) “Program year” means the annual period beginning in one calendar year on the first day that a school-year program may begin instruction under subsection 60BB‑8.451(1), F.A.C., and ending in the next calendar year on the last day by which a summer program must complete instruction under subsection 60BB-8.451(2), F.A.C. A program year is designated by the corresponding calendar years (e.g., 2006-2007, 2007-2008).

(13) “Provider application” means Form AWI-VPK 10 (Statewide Provider Registration Application) incorporated by reference in Rule 60BB-8.900, F.A.C.

(14)(7) “Qualified contractor” means an a legal entity performing the duties of operating under contract with an early learning coalition under contract with the coalition as described in Rule 60BB-8.901, F.A.C. or AWI which is authorized to perform eligibility and enrollment services on behalf of the coalition or AWI. If an early learning coalition contracts for eligibility and enrollment services, the coalition is ultimately responsible for ensuring that the contractor performs those services in accordance with the law.

(15)(8) “Register” or “registration” means recording a parent’s submission of a child application and supporting documentation to an early learning coalition or guardian’s request for his or her child to be determined eligible for to participate in the VPK Voluntary Prekindergarten program.

(16) “School-year program” means a school-year prekindergarten program delivered by a private provider under Section 1002.55, F.S., or by a public school under Section 1002.63, F.S.

(9) “Startup period” means the first 5 instructional days of a Voluntary Prekindergarten class.

(17) “Summer program” means a summer prekindergarten program delivered by a private provider or public school under Section 1002.61, F.S.

(18) “Unexcused absence” means an instructional day from which a child is absent from a VPK program and which is not an excused absence under paragraph 60BB-8.204(3)(b), F.A.C.

(19)(10) “Voluntary Prekindergarten” or “VPK program” means the Voluntary Prekindergarten Education Program program created under by Section 1002.53, F.S., and which is organized, designed, and delivered in accordance with Section 1(b) and (c), Article Art. IX of the State Constitution.

(20) “VPK class” means a private provider’s or public school’s prekindergarten class that includes a child in the VPK program.

(21) “VPK site” means the permanent physical location where a private provider or public school delivers instruction for the VPK program.

Specific Authority 1002.79 FS. Law Implemented 1002.51, 1002.53(2), (4), 1002.55(2), (3)(g), 1002.61(2)(a), (7)(a), 1002.63(2), (8)(a), 1002.71(2), (6)(d), 1002.75(2)(a), (c), (d) FS. History–New 1-19-06, Amended ________.

 

60BB-8.200 Documenting Child Eligibility for the VPK Program.

(1) Child Eligibility. An early learning coalition shall Early Learning Coalitions must determine the child eligibility of a child registering for the VPK program in accordance with Section 1002.53(2), F.S. A coalition shall document a child’s eligibility, as follows: by verifying the child’s age eligibility, residence eligibility, and participation eligibility.

(1)(a) Age eligibility Eligibility.

(a) A coalition shall document that a child is

1. All children who reside in Florida who have attained 4 years of age, but not 5 years of age or older, on or before September 1 of the program school year and in which the child wishes to enroll are eligible for VPK, including those children with a disability as defined by 20 U.S.C. § 1401(3)(a)(2005).

2. When a child becomes eligible for kindergarten or is admitted to kindergarten the child is no longer eligible for VPK. A child who is 5 years of age on or before September 1 is eligible for kindergarten and is not eligible for VPK. Likewise, a child who has not attained 4 years of age by September 1 of a school year is not eligible for VPK during the school year or summer program that immediately follows.

3. During the application process, a coalition or its contracting agency shall collect and keep retain in its records on the child child’s file a copy photocopy of at least one of the following types of supporting documentation which show the child’s name and date of birth documents for purposes of verifying age:

1.a. An original or certified copy of the child’s birth record filed according to law with a public officer charged with the duty of recording births;

2.b. An original or certified copy of the child’s certificate of baptism showing the date of birth and place of baptism of the child, accompanied by an affidavit sworn to or affirmed by the child’s parent that the certificate is true and correct;

3.c. An insurance policy on the child’s life which is that has been in force for at least 2 years, which reflects the child’s birth date;

4.d. A religious record of the child’s birth which is accompanied by an affidavit sworn to or affirmed by the child’s parent that the record is true and correct;

5.e. A passport or certificate of the child’s arrival in the United States showing the birth date of the child;

f. A transcript of record of age shown in the child’s school record from at least 4 years prior to application, stating the date of birth;

6.g. An immunization record indicating the child’s date of birth, signed by a public health officer or by a licensed practicing physician; or

7.h. A valid military dependent identification card. showing the child’s date of birth; or

(b)i. If a child’s parent is unable to submit a none of the type of supporting documentation documents listed in paragraph (a) above can be produced, the coalition shall document the child’s age based on an affidavit of age sworn to or affirmed by the child’s parent., The affidavit must be accompanied by a certificate of age reflecting the child’s birth date, signed by a public health officer or by a licensed practicing physician which states that the officer or physician has examined the child and believes that the age shown as stated in the affidavit is true and substantially correct.

(2)(b) Residential Residence eligibility.

(a) A coalition shall document that a child resides.

1. All 4 year old children must reside in the State of Florida when. Coalitions must only establish where the child attends the VPK program and shall keep in its records on the child lives, not test the legal residency of the child. Children who reside in Florida are qualified to receive services.

2. The following are acceptable documents to establish where a child resides and must contain the name of the parent or guardian of the child and the address of the parent or guardian as submitted on Form AWI-VPK 01 (Parent Application). Post office boxes are not sufficient to determine residency. During the application process, the coalition shall collect and retain a copy of at least one of the following types of supporting documentation which show the name and residential address of a parent with whom the child resides documents for purposes of verifying residency:

1.a. Utility bill;

2.b. Bank statement;

3.c. Insurance policy;

4.d. Pay stub; or

5.e. Government-issued Government document (e.g., prior tax return, Florida driver’s Driver’s license, Florida identification card).; or

(b) If a child’s parent is a servicemember in the United States Armed Forces and is unable to submit a type of supporting documentation listed in paragraph (a), the coalition shall document the child’s residency based on a military order showing that the parent is assigned to duty in Florida when the child attends the VPK program (e.g., permanent change of station).

(c)f. If a child’s parent is unable to submit a none of the type of supporting documentation listed in paragraph (a) or paragraph (b) above documents can be produced, the coalition shall document the child’s residency based on an affidavit of physical address sworn to or affirmed by the child’s parent. The affidavit must be, accompanied by a letter from a landlord or property owner which confirms stating that the child resides at the this address shown in the affidavit will be accepted.

(d)3. A coalition may not determine that a A homeless child, as defined in Section 1003.01, F.S., is not eligible for the VPK program because the child’s parent is unable to submit a type of supporting documentation listed in paragraphs (a)-(c) must have access to the VPK program. A coalition Coalitions shall document a assist homeless child’s children and may determine residency based on supporting other documentation showing that the child is homeless and resides in Florida (e.g., as necessary Coalitions may accept documents such as a letter from a homeless shelter or a sworn affidavit sworn to or affirmed by from the child’s parent) certifying the child is currently homeless.

(c) Participation eligibility.

1. Coalitions are responsible for ensuring that a child receives services and funding for one full-time equivalent as established in Section 1002.71(4), F.S.

2. A parent may enroll the child in one of the programs as established in Section 1002.53(3), F.S.

Specific Authority 1002.79(2) FS. Law Implemented 1002.53(2), (3), (4)(b), 1002.69(4), 1002.71(2), (4)(a), 1002.75(2)(a), 1003.01, 1003.21(1)(a)2. FS. History–New 1-19-06, Amended________.

 

60BB-8.201 Child Registration Procedures; Parent Application; Parent-Orientation Session and Procedures.

(1) Child application Application. A parent registering wishing to enroll his or her child for in the VPK program Education Program must:

(a) Complete and sign Form fill out form AWI-VPK 01 (Child Parent Application), version date 05/13/2005, which is hereby incorporated by reference in Rule 60BB‑8.900, F.A.C.; or

(b) Complete an online application, print the online application, and sign the printed online application. An online This application may be obtained at the following website: http://www.vpkflorida.org. must be completed to determine whether a child is eligible for the VPK Program. The application must be completed in full by a parent or guardian with whom the child lives.

(2) Submission of child application; supporting documentation Availability of forms and submission.

(a) A parent may also complete this application online at www.vpkflorida.org, or obtain a paper application from any early learning coalition. If a paper form is used, the parent must submit a complete and signed Form AWI-VPK 01 or printed online application mail or deliver the completed paper form to the early learning coalition of the county where the VPK site is located for the private provider or public school admitting in which the child in the VPK program, regardless of the county in which the child resides will receive services. A parent must submit a child application with the supporting documentation of the child’s age and residential address which are required under Rule 60BB‑8.200, F.A.C.

(b)1. If a parent registers his or her child for the VPK program in one county, a private provider or public school admits the child in another county, and the provider’s or school’s VPK site is located in a county outside of the geographic region of the coalition registering the child, the parent must re-register the child with the coalition of the county where the provider’s or school’s VPK site is located.

2. Re-registration is the responsibility of a child’s parent. To assist a parent with re-registration, a coalition may enter into one or more agreements with other coalitions to provide for the transfer of a child application and supporting documentation to the appropriate coalition. If a coalition conducts a parent-orientation session for a child’s parent but subsequently transfers the child’s registration to another coalition, the parent is not required to repeat the parent‑orientation session.

(c) A coalition shall designate various locations throughout the coalition’s geographic region where a parent may submit a child application and supporting documentation. This may be the county where the parent lives, where the parent works, or a neighboring county. A parent may obtain contact information for a county’s early learning coalition from may be obtained by calling the Office of Early Learning of the Agency for Workforce Innovation at (850)921-3180, TTY/Florida Relay 711, 1(866)357-3239 and is available on the internet at the following website: http://www.vpkflorida. org.

(3) Parent-orientation session. Documentation of Child’s Residency and Date of Birth. Within 30 days after receiving an application, the early learning coalition will contact the parent with instructions on how to submit the documentation of the child’s residency and date of birth in accordance with Rule 60BB-8.202, F.A.C.

(a) A coalition shall conduct a face-to-face parent-orientation session for a parent registering his or her child for the VPK program. During a parent-orientation session, a coalition shall describe substantially the following information:

1. An overview of the VPK program;

2. The parental rights and responsibilities listed in Form AWI-VPK 06 (Voluntary Prekindergarten Parent Handbook) incorporated by reference in Rule 60BB-8.900, F.A.C.;

3. A parent’s choice between a school-year program and summer program and the differences between the programs, including the required number of instructional hours, minimum and maximum class sizes, and instructor credentials; and

4. A parent’s choices among private providers and public schools.

(b)1. During a parent-orientation session, a coalition shall inform the parent about the coalition’s child care resource and referral program, the telephone number of the child care resource and referral program, and the availability of the child care resource and referral program to give the parent a customized referral list of private providers and public schools in the VPK program.

2. A coalition, if the coalition posts profiles of private providers and public schools in the VPK program on the coalition’s website, shall inform a parent of the uniform resource locator for the coalition’s website. A coalition shall also inform a parent that the profiles may be obtained at the following website: http://www.myflorida.com/childcare/ provider.

3. A coalition shall keep current the profile of a private provider or public school in the coalition’s geographic region through the VPK web portal of the Child Care Information System administered by the Department of Children and Family Services at the following website: http://199.250.30.131/VPK/Administration/.

(c)1. A coalition is not required to conduct a parent-orientation session for a child’s parent if the coalition:

a. Conducts a face-to-face parent-orientation session with the child’s parent for another early learning program (e.g., school readiness program, program for prekindergarten children with disabilities, Head Start);

b. Maintains the child’s records of the other early learning program for which the coalition conducts the parent‑orientation session; and

c. Verifies that the child’s date of birth in the records of the other early learning program is the same as the child’s date of birth listed in the child application and supporting documentation that the parent submits.

2. A coalition is not required to conduct a parent-orientation session for a child’s parent if the parent is a servicemember in the United States Armed Forces, the parent is unable to attend a parent-orientation session because the parent is assigned to duty outside of Florida, and the parent submits to the coalition a military order showing that the parent is assigned to duty in Florida when the child attends the VPK program (e.g., permanent change of station).

(d) A coalition shall give a parent a copy of Form AWI‑VPK 06 (Voluntary Prekindergarten Parent Handbook), Form AWI‑RR 63 (A Family Guide for Selecting Quality Early Learning Programs), and Form AWI-RR 64 (A Quality Checklist for Evaluating Early Learning Programs), incorporated by reference in Rule 60BB-8.900, F.A.C. If a coalition conducts a parent‑orientation session, the coalition shall give Form AWI-VPK 06, Form AWI‑RR 63, and Form AWI-VPK 64 to the parent during the parent-orientation session. If, under paragraph (c) or paragraph (d), a coalition does not conduct a parent-orientation session, the coalition shall provide Form AWI-VPK 06, Form AWI-RR 63, and Form AWI‑RR 64 to the parent by mail or other means.

Specific Authority 1002.79(2) FS. Law Implemented 1002.53(4), (5), 1002.75(2)(a), (b) FS. History–New 1-19-06, Amended ________.

 

60BB-8.202 Early Learning Coalition Procedures for Child Registration, Eligibility Determination, and Enrollment Procedures.

(1) Early learning coalitions shall follow the following procedures for registration, eligibility determination, and enrollment of children in the VPK program:

(a) Registration. A parent or guardian registering his or her child for the VPK program must either register online at www.vpkflorida.org or complete Form AWI-VPK 01 (Parent Application) and submit the completed form to the early learning coalition or its qualified contractor.

(1)(b) Eligibility determination.

(a)1. An early learning coalition or its qualified contractor shall determine, in accordance with Rule 60BB-8.200, F.A.C., shall determine the eligibility of a each child registering for the VPK program under Rule 60BB-8.201, F.A.C., or Rule 60BB‑8.2015, F.A.C.

(b) If Rule 60BB-8.201, F.A.C., requires a coalition to conduct a parent-orientation session for a child’s parent consultation is required under subparagraph (b)2. below, the coalition shall determine the child’s eligibility determination shall be performed during the parent-orientation session consultation. The parent or guardian must submit to the coalition or its qualified contractor the documentation of the child’s age and residence required by Rule 60BB-8.200, F.A.C.

(c)1. A coalition, upon Upon determining that a child is eligible for the VPK program, shall issue the coalition or its qualified contractor must give the child’s parent or guardian a Form AWI‑VPK 02 (Child Eligibility and Enrollment Certificate of Eligibility) incorporated by reference in Rule 60BB‑8.900, F.A.C.

2. A coalition may issue a certificate of eligibility which is substantially similar to Form AWI-VPK 02 if the certificate:

a. Includes the phrases “State of Florida” and “Voluntary Prekindergarten Education Program;”

b. Includes the name of the early learning coalition issuing the certificate, or on whose behalf the certificate is issued;

c. Identifies the program year and type of program (i.e., school‑year or summer program) for which the certificate is issued;

d. Clearly shows the eligible child’s name and identifying information; and

e. Does not include the logo of the Agency for Workforce Innovation, logo of the Office of Early Learning, or AWI form number (i.e., Form AWI-VPK 02) version date 05/16/2005, which is hereby incorporated by reference, either completed by the coalition or its qualified contractor as a paper form or as an electronically generated and printed form.

2. Parent consultation.

a. Except as provided in sub-subparagraph (b)2.b. below, staff of the early learning coalition or its qualified contractor must perform a face-to-face consultation in person with the parent or guardian of every child that registers for the VPK program. During the consultation, the coalition’s or contractor’s staff shall determine the child’s eligibility for the VPK program. If the child is eligible, the coalition’s or contractor’s staff shall give the parent or guardian profiles of providers or schools in accordance with Section 1002.53(5), F.S., describe the available program options, and explain the parent’s or guardian’s rights and responsibilities.

b. Notwithstanding sub-subparagraph (b)2.a. above, an early learning coalition is not required to perform a face-to-face parent consultation for a child if the coalition’s staff or its qualified contractor’s staff previously conducted a face-to-face consultation with the child’s parent or guardian for another early learning program (e.g., school readiness program or program for prekindergarten children with disabilities), the coalition or its contractor maintains the child’s records for the other early learning program, and the coalition or its contractor verifies against those records the completed Form AWI-VPK 01 (Parent Application) and supporting documentation submitted by the parent or guardian.

(2)(c) Enrollment.

(a) A private provider or public school may not enroll a child in the VPK program before the coalition determines that the child is eligible for the program. To enroll an eligible child complete a child’s enrollment, the private prekindergarten provider or public school admitting the child must submit to the coalition the child’s name and identifying information shown on the child’s certificate of eligibility and the VPK class to which the provider or school assigns the child number (from Form AWI-VPK 02 – Certificate of Eligibility) to the coalition or its qualified contractor, associating the child.

(b) A coalition may not prohibit a private provider or public school from enrolling a child because the child resides in a Florida county other than the county where the provider’s or school’s VPK site is located.

(c) A private provider or public school may only enroll a child with the coalition of the county where the provider’s or school’s VPK site is located, regardless of the county in which the child resides.

(d) A coalition shall complete a child’s enrollment by recording an association in the designated statewide information system between the child and with the provider’s or school’s appropriate VPK class to which the private provider or public school assigns the child. A Each early learning coalition is encouraged, but not required, to notify a parent or guardian by U.S. mail after his or her child’s the enrollment of his or her child with the provider’s or school class is complete completed in the designated statewide information system.

Specific Authority 1002.79 FS. Law Implemented 1002.53(2)(4)(a), 1002.75(2)(a) FS. History–New 1-19-06, Amended ________.

 

60BB-8.204 Uniform Attendance Policy for Funding the VPK Program.

(1) Payment for the VPK program. An early learning coalition, or contractor acting on behalf of the coalition, shall pay a private provider or public school for the VPK program in accordance with this rule.

(2) No change.

(3) Payment for absences.

(a) through (b) No change.

(c) An excused absence is not payable unless the reason for the absence is documented in writing and submitted to the private provider or public school. A private provider or public school must keep the documentation for at least 2 years, allow the Agency for Workforce Innovation or the coalition to inspect the documentation during normal hours of operation, and, upon request of the coalition, submit a copy of submits the documentation to the coalition or contractor.

1. A child’s parent may document (e.g., parent’s note) seven or fewer excused absences per calendar month.

2. Beyond seven excused absences, a person other than the child’s parent must document the excused absence, the person must be unrelated to the child or the child’s parent, and the documentation must show that the person has personal knowledge of the reason for the child’s absence (e.g., letter from a physician).

(d) through (e) No change.

(4) Payment for temporary closures.

(a) A temporary closure is payable if a private provider or public school submits written documentation to the coalition or contractor which demonstrates that the closure is temporary and caused by circumstances beyond the provider’s or school’s control.

(b) through (e) No change.

(f) A temporary closure is not payable if a private provider or public school does not reopen and resume instruction after the closure. A coalition or contractor shall assist a child with reenrollment if the child’s VPK program does not resume instruction after a temporary closure.

(g) through (h) No change.

Specific Authority 1002.79(2) FS. Law Implemented 1002.71(6)(d) FS. History–New 8-17-06, Amended ________.

 

60BB-8.300 Provider and Class Registration Procedures; Application; Eligibility Determination and Procedures.

(1) Provider application; supporting documentation Application.

(a) A private provider or public school registering for interested in delivering the VPK program Program must complete and sign an application Form AWI-VPK 10 (Statewide Provider Registration Application), version date 04/29/2005, which is hereby incorporated by reference in Rule 60BB-8.900, F.A.C. Completing the application does not guarantee approval to deliver the VPK program.

(2) Completing the application form. This application is available electronically as an editable form in Adobe® Portable Document Format (PDF) at www.vpkflorida.org. The form is also available from any early learning coalition as a paper form. Contact information for a county’s early learning coalition may be obtained by calling the Office of Early Learning at 1(866)357-3239 and is available on the internet at www.vpkflorida.org. An application may be completed by:

(a) Using Adobe® Reader® to edit the form fields on a computer and printing a paper copy for submission; or

(b) Using a blank paper form and completing it by typing or printing clearly in black or blue ink.

(b)(3) Submitting the application. A private The provider or public school must submit a complete and signed Form AWI‑VPK 10 shall mail or deliver the completed application to the early learning coalition of in the county where the provider’s or school’s in which its VPK site is located. If a private provider or public school has more than one VPK site, the provider or school must submit a separate Form AWI-VPK 10 for each site. Contact information for a county’s early learning coalition may be obtained by calling the Office of Early Learning at 1(866)357-3239 and is available on the internet at www.vpkflorida.org. A private provider or public school must submit Form AWI-VPK 10 This form must be submitted with the supporting documentation all required in the instructions accompanying the form attachments.

(c) A coalition may not pay a private provider or public school for the VPK program unless the coalition has in its records on the provider or school a current, complete, and signed Form AWI‑VPK 10 for the provider or school.

(d) If a private provider or public school submits information on Form AWI-VPK 10 which changes, the provider or school must submit an updated Form AWI-VPK 10 to the coalition within 10 calendar days after the change. After a coalition determines that a private provider or public school is eligible for the VPK program, the provider or school is not required to resubmit Form AWI‑VPK 10 for a subsequent program year unless the information submitted on the prior year’s application changes.

(4) Notification of application completion. The early learning coalition in the county in which the provider is located will notify the provider if the provider or school is provisionally eligible to deliver VPK, or if any additional information is necessary, within 30 days after receipt of the application.

(2) Class registration application; supporting documentation.

(a) A private Each provisionally eligible provider or public school must annually also complete and sign Form AWI-VPK 11 (2005-2006 Class Registration Application) version date 04/29/2005, which is hereby incorporated by reference in Rule 60BB-8.900, F.A.C. Once the provider has submitted all of the required information, the early learning coalition will notify it in writing whether the provider or school is eligible to deliver the VPK program.

(b) A private provider or public school must submit a complete and signed Form AWI-VPK 11 to the coalition. If a private provider or public school has more than one VPK class, the provider or school must submit a separate Form AWI-VPK 11 for each class. A private provider or public school must submit Form AWI-VPK 11 with the supporting documentation required in the instructions accompanying the form.

(c) A coalition may not pay a private provider or public school for a child enrolled in a VPK class unless the coalition has in its records on the provider or school a current, complete, and signed Form AWI‑VPK 11 for the class.

(d) If a private provider or public school submits information on Form AWI-VPK 11 which changes, the provider or school must submit an updated class application to the coalition within 10 calendar days after the change.

(3) Eligibility determination. A coalition, in accordance with Sections 1002.55, 1002.61, and 1002.63, F.S., shall determine the eligibility of a private provider or public school registering for the VPK program.

Specific Authority 1002.79(2) FS. Law Implemented 1002.55(3), (4), 1002.61(3), (7)(a), 1002.63(3), (4), (8)(a), 1002.75(2)(c), (d) FS. History–New 1-19-06, Amended ________.

 

60BB-8.301 Statewide Provider Agreement for the VPK Program.

(1)(a) An early learning coalition, or contractor acting on behalf of the coalition, may not pay a private provider or public school for the VPK program, except under a provider agreement with the coalition. A coalition must be a party to a provider agreement. If a coalition allows a qualified contractor to sign a provider agreement on behalf of the coalition, the coalition remains a party to the agreement. A school district may sign a provider agreement on behalf of a public school in the district.

(b) A coalition or contractor shall keep a signed copy of a provider agreement in the coalition’s or contractor’s records on the private provider or public school.

(2)(a) A provider agreement shall contain identical terms and conditions as Form AWI-VPK 20 (Statewide Provider Agreement), dated June 9, 2006, which is hereby incorporated by reference in Rule 60BB-8.900, F.A.C. Except as provided in paragraph (b), a provider agreement may not omit, supplement, or amend the terms and conditions of Form AWI-VPK 20. Form AWI-VPK 20 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, and at the following website: http://www. floridajobs.org/earlylearning.

(b) A coalition may enter into a provider agreement that omits, supplements, or amends the terms and conditions of Form AWI-VPK 20, if:

1. The coalition submits the agreement to the Office of Early Learning of the Agency for Workforce Innovation in writing, dated, and signed by the coalition and the private provider or public school; and

2. The Deputy Director for Early Learning approves the agreement.

Specific Authority 1002.79(2) FS. Law Implemented 1002.55(3)(g), 1002.61(7)(a),1002.63(8)(a), 1002.75 FS. History–New 8-17-06, Amended ________.

 

60BB-8.400 VPK Class Sizes; Blended Classes; Multi‑Class Groups.

(1) No change.

(2) Minimum class size. A VPK class must be composed of at least four children enrolled in the VPK program.

(a) An early learning coalition, or contractor acting on behalf of the coalition, may not issue the initial prepayment for a VPK class unless at least four children in the class are enrolled in the VPK program.

(b) No change.

(c) If a VPK class is composed of four or fewer children enrolled in the VPK program, the private provider or public school may not dismiss from the class a child enrolled in the program, unless:

1. The private provider or public school documents in writing the child’s noncompliance with the conduct or attendance policies of the provider or school district, as applicable; and

2. The private provider or public school submits documentation of the child’s noncompliance to the coalition or contractor within 3 business days after the child’s dismissal.

(3) No change.

Specific Authority 1002.79(2) FS. Law Implemented 1002.55(3)(e), 1002.61(6), 1002.63(7) FS. History–New 8-17-06, Amended ________.


NAME OF PERSON ORIGINATING PROPOSED RULE: Kelley Cramer, Senior Attorney, 107 East Madison Street, MSC 110, Tallahassee, Florida 32399-4128, (850)245-7150
NAME OF SUPERVISOR OR PERSON WHO APPROVED THE PROPOSED RULE: Gary J. Holland, General Counsel, 107 East Madison Street, MSC 110, Tallahassee, Florida 2399-4128, (850)245-7150
DATE PROPOSED RULE APPROVED BY AGENCY HEAD: September 13, 2006
DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAW: February 25, 2005