Florida Administrative Code
6 - DEPARTMENT OF EDUCATION
6M - Division of Early Learning
Chapter 6M-8 - Division of Early Learning - Voluntary Prekindergarten Program
Section 6M-8.204 - Uniform Attendance Policy for Funding the Voluntary Prekindergarten (VPK) Education Program
Universal Citation: FL Admin Code R 6M-8.204
Current through Reg. 50, No. 187; September 24, 2024
(1) Attendance and Absences.
(a) For payment purposes, a VPK
provider must report that a student attended all instructional hours offered
for a day if the student attends any portion of the day.
(b) A VPK provider may not receive payment
for absences that occur prior to the student's first day of attendance or after
the student's last day of attendance.
(2) Monthly Payment and Final Reconciliation. Each early learning coalition must pay VPK providers monthly for each VPK classroom in accordance with this rule, unless a provider chooses to accept advance payments under Rule 6M-8.205, F.A.C. Early learning coalitions must make monthly payments by the last day of the month following the month for which the provider is receiving payment. Early learning coalitions must calculate and reconcile monthly classroom payments using the Division of Early Learning statewide information system.
(a) Monthly payments must be equal to the sum
of the following calculation for each student who has attended the VPK class:
the county's allocation per full-time equivalent student (calculated in
accordance with Section
1002.71(3)(b),
F.S.) divided by the number of hours for the VPK program type (540 hours for
school-year or 300 for summer) multiplied by the lesser of:
1. The sum of the hours within the month each
student attends the VPK provider divided by .8; or
2. The hours the student is enrolled in the
class for the month.
(b)
The total program payment must be equal to the sum of the following calculation
for each student who has attended the VPK class, except that the school
district's payment must be rounded in accordance with Section
1002.71(3)(d),
F.S.: the county's allocation per full-time equivalent student divided by the
number of hours for the VPK program type (540 hours for school-year or 300 for
summer) multiplied by the lesser of:
1. The
sum of all hours the student attends the VPK provider divided by .8;
or
2. The hours the student is
enrolled with the VPK provider for the program type.
(c) If the sum of the monthly payments made
to the VPK provider under paragraph (2)(a) is:
1. Less than the total program payment to the
provider, the early learning coalition must make a final reconciliation payment
to the provider equal to the total program payment minus the sum of the monthly
payments.
2. Greater than the total
program payment to the provider, the difference must be deemed an
overpayment.
(d) If a VPK
provider disputes the calculation of the total program payment based on
inaccurate attendance or absence reporting or calculation, the provider must
submit a request for an adjustment of a prior payment no later than the last
day of the month following the calendar month in which it receives
payment.
(3) Establishing VPK Class Schedules. To ensure that VPK providers receive accurate payment for a student's attendance and absences when permissible under this rule, a provider must submit a VPK class schedule for each VPK class to its early learning coalition in the Provider Portal at the time the provider submits its class application. Providers are not eligible to receive payment for services provided outside the scheduled hours indicated on their approved VPK class schedule. A provider's VPK class schedule must indicate the dates and times instructional hours are offered and:
(a) For
school-year programs:
1. Comprise 540 total
instructional hours for the program; and
2. Begin instruction on or after the uniform
district start date established in Section 1001.42(4)(f)1., F.S., and complete
instruction by June 30.
(b) For summer programs:
1. Comprise 300 instructional hours for the
program; and
2. Begin instruction
on or after May 1, per Section
1002.61(2)(b),
F.S., and complete instruction before the date established in Section
1001.42(4)(f)1.
(4) Temporary Closures. A closure is temporary if the VPK provider or class resumes instruction following the closure.
(a) Temporary Closures Due to a
Declared State of Emergency. A closure is due to a declared state of emergency
when a federal, state, or county official for the area in which the VPK
provider is located declares a state of emergency. Such closure must result in
the complete closure of the provider's physical location or the closure of one
or more VPK classes.
1. A student is
considered to have attended all VPK program hours offered during such closure
for a combined total of five (5) instructional days, or the number of total
days authorized by the Florida Department of Education (Department) if the
provider submits the notification described in paragraph (5)(a). A provider may
revise its class schedule to restore the VPK instructional days lost as a
result of such closure instead of accepting payment for the closure.
2. For lost VPK instructional days exceeding
five (5) or the number of total days authorized by the Department, a provider
must revise its class schedule as described in paragraph (5)(b).
(b) A temporary closure not due to
a declared state of emergency as described in paragraph (4)(a) is not
payable.
(5) Modifying VPK Class Schedules Following a Temporary Closure.
(a) A provider may modify its schedule as
frequently as necessary to restore VPK instructional days lost as a result of a
temporary closure due to a declared state of emergency. No later than two (2)
business days following resumption of VPK instruction, the provider must submit
a resumption notification to the early learning coalition indicating the
provider's name and address, the VPK class(es) resuming instruction, the
date(s) which each VPK class did not offer instruction as previously scheduled,
and a revised class schedule which indicates the date(s) and times added to the
schedule as revised to restore the hours lost as a result of the
closure.
(b) When a closure is
beyond the control of the VPK provider and is not due to a declared state of
emergency or is a partial closure, a provider may modify its class schedule up
to three (3) times. A provider must revise its class schedule to receive
payment for VPK instructional days it restores following all other temporary
closures.
1. On the provider's first closure
day and before the early learning coalition's close of business, the provider
must submit an initial notification indicating the provider's name and address,
the date(s) of the closure, the VPK class(es) affected by the closure, and, if
available, an estimate of the date upon which the affected class(es) will
resume instruction.
2. No later
than two (2) business days following resumption of VPK instruction, the
provider must submit a resumption notification as described in paragraph
(5)(a).
(c) If a VPK
provider fails to modify its class schedule, or provide timely written
notification as required in this rule, the provider will forfeit the
opportunity to revise its class schedule to restore the lost VPK instructional
hours and will be ineligible to receive payment for those closures.
(6) Overpayment.
(a) If the early learning coalition
determines that a VPK provider received payment in an amount greater than the
amount earned by the provider, resulting in a negative reconciliation payment
calculation, the coalition must make reasonable efforts to collect the
overpayment from the provider. Reasonable efforts may include, but are not
limited to, informing the provider of the full amount owed, making written
requests for repayment, offering to negotiate a repayment schedule, or
offsetting the overpayment against any future payments for early learning
programs.
(b) If the early learning
coalition is unable to arrange for collection of the overpayment within ninety
(90) calendar days of determining that the VPK provider has received an
overpayment, and after making a reasonable effort to collect the overpayment,
as determined by the Department, the early learning coalition must provide all
information necessary for the Department to act to collect the overpayment. The
department retains the ability to require the coalition to make continued
efforts toward recovery of the overpayment or to consider the overpayment to be
a disallowed expenditure of the coalition.
Rulemaking Authority 1001.213(2), 1002.79 FS. Law Implemented 1002.71(6)(d) FS.
New 8-17-06, Amended 5-24-07, 9-14-09, Formerly 60BB-8.204.
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