Current through Reg. 50, No. 187; September 24, 2024
(1) General Provisions.
(a) A school readiness provider shall not
receive payment for a student prior to the student's first day of attendance or
after the student is terminated from the school readiness program.
(b) Reimbursement rates shall be paid based
on a child's care level and unit of care as defined by the coalition's approved
provider rate schedule for the county in which the provider's facility is
located.
(c) Daily attendance
documentation shall be maintained by each school readiness provider based on
the terms of the Statewide School Readiness Provider Contract, specified in
Rule 6M-4.610, Florida Administrative
Code (F.A.C.). The provider must record daily child attendance using a paper
sign-in and sign-out form or electronic attendance-tracking system that is
maintained at the provider site to validate the attendance data. For electronic
attendance systems, the provider must backup records on a regular basis to
safeguard against loss. The sign-in and sign-out forms will vary by provider
but must contain the following information:
1.
Provider's name;
2. Child's first
and last name;
3. Time signed in
and signed out;
4. Date (month,
day, year); and,
5. An authorized
signature or 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 provider site.
Authorized signature, paper or electronic, includes provider designee for
children who are transported via school to or from the provider site or a
parent or person authorized by the parent as documented in writing and on file
with the provider.
(d) A
provider shall be reimbursed for each day that there is documented evidence
that the child was in attendance.
(e) For school readiness children who are
transported to and/or from the provider site, attendance shall be documented in
accordance with the applicable health and safety handbook for the provider type
as specified in Rule 6M-4.620, F.A.C. A copy of each
handbook may be obtained electronically on the Department's website at
www.floridaearlylearning.com
or from the Department of Education, Division of Early Learning, 325 West
Gaines Street, Tallahassee, FL 32399-0400.
(f) The provider must report any discrepancy,
overpayment, or underpayment within sixty (60) calendar days of transmission of
the reimbursement summary. Reported changes must include supporting
documentation. Discrepancies validated by the coalition will be corrected for
reimburement purposes.
(g) For a
child who is authorized only full-time care, a coalition shall not recoup or
adjust a provider's reimbursement for days a child attends part-time.
(h) The coalition shall not reduce authorized
hours of care prior to redetermination unless the parent requests a reduction
in the authorized hours of care based on hours of care needed.
(i) The coalition must conduct monitoring
activities in accordance with Rule
6M-4.630, F.A.C., to ensure the
accuracy of payments of the monthly reimbursement requests. If it is determined
through monitoring of the attendance and reimbursement documentation that a
provider received an improper payment (overpayment or underpayment), the
coalition shall process a payment adjustment required to correct the improper
payment.
(j) In order for a
provider to be reimbursed for a child served by a coalition other than the
coalition where the provider is located, the provider must have executed a
Statewide School Readiness Provider Contract with the coalition of the child's
residence prior to enrollment and reimbursement. The provider's reimbursement
rates shall be negotiated in accordance with the approved school readiness plan
of the contracted coalition. However, the provider reimbursement rate shall not
exceed the contracted coalition's approved school readiness rates based on the
child's care level and unit of care.
(k) In accordance with Section
1002.84(11),
F.S., attendance records may not be altered or amended after December 31 of the
subsequent year.
(2)
Monthly certification of child attendance for payment reimbursement.
(a) A provider must complete and certify a
monthly roster, using the statewide information system, that lists each child
enrolled in the provider's school readiness program, and includes spaces for a
private provider or public school to report a child's attendance for the
calendar month. An early learning coalition is authorized to request a school
readiness provider submit paper sign-in and out forms to verify attendance
prior to a payment reimbursement. In the event the statewide information system
is non-operational, the early learning coalition shall provide the school
readiness provider with a monthly roster.
(b) For each calendar month that a school
readiness provider participates in the school readiness program, the coalition
shall not pay the school readiness provider until the provider submits a
monthly attendance roster to the coalition which certifies the attendance of
each enrolled child from the prior month.
(c) If a child arrives at a school readiness
provider's site but the provider or school refuses the child's attendance, the
provider or school must record the instructional day as a non-reimbursable
absence. However, the provider may be reimbursed as a reimburseable absence in
the case the child is ill as documented by the parent or provider and in
accordance with paragraph four (4) of this rule.
(3) Holidays.
(a) A recognized holiday as approved by the
local coalitions shall not be counted as an absence for purposes of
reimbursement. The coalition shall include reimbursements to providers of full
and part-time care for up to twelve (12) recognized holidays per year as
authorized in the Statewide School Readiness Provider Contract.
(b) For school-aged children authorized for
part time care, a provider shall be reimbursed at a part time rate if a child
care provider is closed on a coalition approved holiday. If a school-aged child
is authorized full time care on school holidays, school closures or teacher
inservice days, a provider shall be reimbursed at a full time rate if the
provider is open. For school-aged children authorized full time care during the
summer, a provider shall be reimbursed at the full time rate for coalition
approved holidays.
(c) For a
school-aged child, if the child is scheduled to attend full time at a provider
that is open on a day when school is closed and does not attend because his/her
parent has opted to keep the child home that day, the provider shall be
reimbursed at the full time rate in accordance with paragraph (4)(a),
below.
(4) Absences.
(a) Reimbursement shall be authorized for no
more than three (3) absences per calendar month per child except in the event
of extraordinary circumstances in which case the coalition or its designee
shall document approval for payment based on written documentation provided by
the parent justifying the excessive absence for an additional ten (10) days.
Extraordinary circumstances does not include vacation or recreational time.
Examples of extraordinary circumstances include but are not
limited to the following:
1.
Hospitalization of the child or parent with appropriate documentation (i.e.,
doctor's note, hospital admission),
2. Illness requiring home-stay as documented
(i.e., doctor's note, parent statement),
3. Death in the immediate family with
appropriate documentation (i.e., obituary, death certificate, parent
statement),
4. Court ordered
visitation with appropriate documentation (i.e., court order),
5. Unforeseen documented military deployment
or exercise of the parent(s) (i.e., military orders of deployment, reserve
duty),
6. Doctor appointments or
other health related appointments (i.e., therapy, routine).
(b) Total monthly reimbursed absences shall
not exceed thirteen (13) calendar days.
(c) If a child has five (5) consecutive days
of absences during the child's regularly scheduled attendance or ten (10)
unexplained absences, during a calendar month, with no contact from the parent,
the provider shall submit written notification to the local coalition or its
designee who in turn shall determine the need for continued care. The coalition
shall document in the case file all attempts to contact the parent by the
coalition, provider, or referring agency, if applicable.
1. If a determination is made that school
readiness services are no longer needed, the local coalition or designee shall
send a notice of termination to the parent and school readiness provider at
least 2 weeks prior to disenrollment pursuant to Rule
6M-4.200, F.A.C. If the
authorized eligibility period ends in less than 2 weeks, the notice of
disenrollment will be sent stating that services will end on the last day of
the current eligibility period.
2.
An at-risk child as defined in Section
1002.81(1),
F.S., may not be disenrolled from the program without the written approval of
the Child Welfare Program Office of the Department of Children and Families or
the community-based lead agency. A notice of termination shall be maintained in
the case file and provided to the parent, provider and referring
agency.
(e) When an
at-risk child under the age of school entry has one (1) unexcused absence or
seven (7) consecutive days of excused absences, the school readiness provider
shall notify the Department of Children and Families or community-based lead
agency and the early learning coalition prior to the close of business on the
day of the absence. The provider shall maintain documentation of the
notification. The coalition shall document any contact made with the provider,
referring agency and parent in the case file.
(5) Reimbursement for Contracted Slots. If a
coalition participates in the Contracted Slots Program and the coalition
determines a provider is eligible for the program in accordance with Rule
6M-4.610, F.A.C., then the
coalition may reimburse the provider a contracted slots differential up to 10%
above the established coalition reimbursement rate for each care
level.
(6) Reimbursement for
Registration Fees. If a provider has indicated that it charges a registration
fee in Exhibit 5 of the State of Florida Statewide School Readiness Provider
Contract, Form DEL-SR 20, as incorporated by reference in Rule
6M-4.610, F.A.C., the coalition
shall pay the provider a registration fee for each child enrolled in the School
Readiness program. The coalition shall pay the registration fee two (2) times
within a five (5) year period during a child's continuous eligibility for the
program. Five continuous years began with the June 23, 2019 effective date of
this rule.
(a) The coalition shall pay a
registration fee of up to seventy-five dollars per eligible child. The payment
for the registration fee shall not exceed the provider's published private
registration fee. The coalition shall reimburse the registration fee with the
reimbursement for the child's first month of attendance with the provider. For
children currently enrolled in the program, the coalition shall reimburse the
provider the registration fee the next time the fee is due to the provider
after the effective date of this rule. If a child is attending different
providers concurrently, the coalition shall pay the registration fee to the
provider that the child attends the majority of the time. If a child
concurrently attends all providers an equal amount of time, the registration is
paid to the provider where the child has been enrolled the longest.
(b) If there is a break in the child's
eligibility of at least twelve consecutive months, the two-time limit starts
over.
(c) If the child's provider
permanently closes or has its contract terminated, the coalition shall pay the
registration fee to the new provider. This payment is considered an exception
and does not apply to the two-time limit.
(d) If the family experiences a hardship
requiring a transfer to a different provider, the coalition shall pay the
registration fee to the new provider. This payment is considered an exception
and does not apply to the two-time limit. Hardship may be demonstrated by
evidence of one or more of the following:
1.
Illness of the child or parent requiring the family to relocate.
2. Loss of a parent resulting in family
relocation.
3. Loss of employment
resulting in family relocation.
4.
Eviction requiring the family to relocate.
5. Natural or man-made disaster.
6. Child expulsion in accordance with the
provider's policies.
7.
Guardianship transfer.
(e) The coalition shall recoup the
registration fee in cases where a provider expels a child within three (3)
months of enrollment.
(7)
Reimbursement for Children with Special Needs.
(a) A child care provider may be reimbursed
by the coalition at a higher rate if caring for any school readiness child with
special needs requiring additional care beyond services required by the
Americans with Disabilities Act (ADA). A special needs rate may be negotiated
up to twenty (20) percent above the established coalition reimbursement rate
for infant care.
(b) To receive a
special needs rate, in addition to the established coalition reimbursement
rate, it must be requested by the provider and approved by the coalition. A
child care provider must submit a list to the coalition prior to approval of
the special needs services it is providing for each child with special needs,
in addition to the routine school readiness services. A special needs rate
shall be reimbursed for a school readiness child that has a documented
physical, mental, emotional, or behavioral condition that requires a higher
level of care in the child care setting. The special need child's condition
must be validated by a licensed health, mental health, education or social
service professional other than the child's parent or person employed by the
child care provider.
(8)
Reimbursement for Quality Programs. A child care provider that is currently
participating in a state or local quality improvement program, as documented by
the coalition and approved by the Division of Early Learning, may receive a
differential rate higher than the established coalition reimbursement rate for
each care level and unit of care. The reimbursement rate for each state and
local quality improvement differential shall be calculated using the
established coalition reimbursement rate for each care level and unit of care.
(a) Reimbursement for Gold Seal Quality Care
Programs. A child care provider that has a current Gold Seal Quality Care
designation, as defined in Section
1002.945, F.S., may receive a
differential rate higher than the established coalition reimbursement rate for
each care level and unit of care. The reimbursement rate for the Gold Seal
differential must be a minimum of twenty (20) percent above the established
coalition reimbursement rate for each care level and unit of care.
(b) Reimbursement for Quality Performance
Incentive. Beginning July 1, 2022, an eligible child care provider that
receives a program assessment composite score at or above the Contract Minimum
Threshold score, as defined in Rule
6M-4.741, F.A.C., shall receive
a tiered Quality Performance Incentive differential rate above the established
coalition reimbursement rate for each care level and unit of care. A child care
provider's Quality Performance Incentive differential shall be based on the
most recent program assessment composite score. The differential will be
adjusted and applied at the next monthly provider reimbursement payment. A
child care provider that is currently on a Quality Improvement Plan, pursuant
to Rule 6M-4.740, F.A.C., is not
eligible for the Quality Performance Incentive.
1. Providers that receive program assessment
composite scores of 4.50 to 4.99 shall receive a four (4) percent Quality
Performance Incentive differential.
2. Providers that receive program assessment
composite scores of 5.00 to 5.99 shall receive a seven (7) percent Quality
Performance Incentive differential.
3. Providers that receive program assessment
composite scores of 6.00 to 7.00 shall receive a ten (10) percent Quality
Performance Incentive differential.
(c) Reimbursement for Child Assessments. An
eligible child care provider, as defined in subparagraph (c)1. below, shall
receive a child assessment differential reimbursement rate of five (5) percent
higher than the established coalition reimbursement rate for each care level
and unit of care. This differential shall be paid within 60 calendar days of
conclusion of each assessment review period with the monthly reimbursement. The
differential shall be paid for all eligible children, as described in
subparagraph (c)2. of this rule, assessed during the assessment period and in
accordance with this rule, once all assessments have been successfully
completed and submitted per the requirements of the DEL approved assessment
tool. A child care provider who contracts for the SR Program at a time that
does not allow three assessment periods to be completed in the contract year is
not eligible for a differential.
1. To be
eligible to receive the child assessment differential rate, a provider shall
complete child assessments with an DEL approved assessment tool conducted by
teachers determined reliable as defined by the child assessment tool at least
three times per year and submit valid and reliable data to the statewide
information system. A child care provider that is currently on a Quality
Improvement Plan, pursuant to Rule
6M-4.740, F.A.C., is not
eligible for the child assessment differential reimbursement.
2. To receive the differential, eligible
school readiness children ages birth to kindergarten entry, who have been
enrolled at the provider for at least 60 calendar days, shall be assessed
during the eligible assessment periods on all domains as defined by the DEL -
approved tool chosen by the provider. If a child enrolls at the provider later
than 60 calendar days before the end of the assessment period, the child shall
be assessed in the next assessment period. A school-age child enrolled at the
provider is ineligible for a differential reimbursement.
3. A roster of all birth to kindergarten
entry classrooms must be submitted to the Division of Early Learning through
the DEL-defined system as required in Form DEL-SR 740 (April 2021),
incorporated by reference in Rule
6M-4.740, F.A.C., and must
indicate all teachers assigned to each classroom. A provider shall maintain at
least 75% of teachers reported on the providers birth to kindergarten entry
classrooms roster meeting the reliability requirements as defined by the
DEL-approved assessment tool to receive the child assessment differential rate.
If the provider falls below 75% due to the loss of a teacher or a teacher is no
longer considered reliable, the provider will have 60 calendar days to replace
the teacher with a reliable teacher. If the teacher is not replaced within 60
calendar days of the previous teacher's last day of employment and the provider
has not retained 75% of reliable teachers, the differential shall not be paid
for the remainder of the contract term. If a provider falls below the 75%
reliability requirements, they must notify the coalition within five business
days of the last date of the previous teacher's employment or reliability for
the current teacher expires.
4.
Assessments shall be conducted within the following periods and all data
completed and uploaded no later than the last day of that period:
a. Assessment Period One - August 1 - October
31.
b. Assessment Period Two -
November 1 - January 31.
c.
Assessment Period Three - February 1 - April 30.
5. A parent may decline to have a child
assessed at the time of enrollment at the provider through the statewide
information system or at-risk child care authorization as defined in paragraph
6M-4.200(1)(b),
F.A.C..
Rulemaking Authority
1001.02(1),
(2)(n),
1002.79,
1002.895(6) FS.
Law Implemented 1002.82(2)(c), 1002.82(2)(f)1.a.(III),
1002.82(2)(k), (o),
(q),
1002.87(8),
(9),
1002.895
FS.
New 2-2-05, Formerly 60BB-4.500, Amended 1-1-15, 5-28-17,
6-23-19, 6-14-22.