Current through Reg. 50, No. 187; September 24, 2024
(1) Coalition
Advance Payment. In order that early learning coalitions can make advance
payments to Voluntary Prekindergarten Education (VPK) providers, during the
first month of each fiscal year, contingent upon funding availability, the
Florida's Office of Early Learning (the Office) shall provide an advance
payment to each early learning coalition. The coalition advance payment shall
also be used to offset actual coalition expenditures and shall be fully offset
or repaid prior to submission of the final invoice for the fiscal year. Each
coalition advance payment shall be equal to the school-year base student
allocation divided by twelve (12) multiplied by the highest monthly VPK program
enrollment, as defined in Rule
6M-8.100, F.A.C., at the
coalition during the previous fiscal year, however, the Office retains the
discretion to increase or decrease the amount of the coalition advance payment
based on student enrollment projections or availability of funds.
(2) Provider Advance Payments.
(a) A private VPK program provider or school
district may choose to receive monthly advance payments for each VPK class
instead of receiving payments in accordance with the Agency's uniform
attendance policy under Rule
6M-8.204, F.A.C. The private VPK
provider or school district shall notify its early learning coalition in
writing at the time the provider or district enters into a VPK Provider
Agreement with the coalition regarding whether it has or has not chosen to
receive advance payments for its VPK classes.
(b) Each early learning coalition shall make
advance payments to its private VPK providers or school districts which have
chosen to receive advance payments no later than the last day of the month
prior to the month for which the private provider or school district is
receiving an advance payment except that advance payments for the month of July
shall be made no later than the tenth (10th) day of July.
(c) Private providers or school districts
that choose to accept monthly advance payments shall receive an advance payment
for each month of the VPK class, which shall be reconciled on a monthly basis
against actual student attendance for the month, and may receive a final
reconciliation payment following the conclusion of the VPK class
instruction.
(3) Advance
Payment Calculation.
(a) Each coalition shall
calculate and reconcile the amount of each monthly advance payment using the
statewide information system. Each monthly advance payment shall be equal to
the sum of the number of instructional hours each student enrolled in the class
is scheduled to attend in the month multiplied by ninety-five (95) percent of
the class hourly rate unless the private provider or school district received
excess advance payment or should receive an additional payment as described in
paragraph (3)(b) of this rule. The class hourly rate shall be equal to the
county's allocation per child as calculated in accordance with Section
1002.71(3),
F.S., divided by the total number of hours in the VPK program type (school-year
or summer) being offered.
(b) At
the conclusion of each month, each coalition shall reconcile the advance
payments made to a private provider or school district in each previous month
with the amount of payment the private provider or school district would have
received for the month under Rule
6M-8.204, F.A.C., to determine
if the private provider or school district has received an excess advance
payment or should receive additional payment.
1. An excess advance payment is an advance
payment for a month which exceeds the amount of payment the private provider or
school district would have received under Rule
6M-8.204, F.A.C. If the private
provider or school district receives an excess advance payment, the coalition
shall reduce the next advance payment by the difference between the excess
advance payment and the payment the private provider or school district would
have received under Rule
6M-8.204, F.A.C. If the private
provider or school district is not entitled to a subsequent advance payment,
the difference shall be an overpayment.
2. An additional payment owed is an advance
payment for a month which is less than the amount of payment the private
provider or school district would have received under Rule
6M-8.204, F.A.C. If the private
provider or school district is owed an additional payment, the coalition shall
increase the private provider or school district's next advance payment by the
difference between the amount of payment the private provider or school
district would have received under Rule
6M-8.204, F.A.C., and the amount
of the advance payment. If the private provider or school district is not
entitled to a subsequent advance payment, the coalition shall increase the
final reconciliation payment by the difference.
(4) Final Reconciliation. At the conclusion
of the VPK class, the coalition shall calculate the total amount of payment
which should be made to the private VPK provider or school district for the
class in accordance with Rule
6M-8.204, F.A.C. If the total
amount of payment made for the VPK class is less than the total amount which
should have been made based on Rule
6M-8.204, F.A.C., the coalition
shall pay the difference to the private provider or school district as a final
reconciliation payment. If the total amount of payment made for the VPK class
is greater than the total amount which should have been made based on Rule
6M-8.204, F.A.C., the difference
shall be an overpayment.
(5)
Overpayment.
(a) If the coalition determines
that a private VPK provider or school district received payment in an amount
greater than the amount earned by the private provider or school district,
resulting in a negative reconciliation payment calculation, the coalition shall
make reasonable efforts to collect the overpayment. Reasonable efforts include
but are not limited to informing the private provider or school district of the
full amount owed, making written requests for repayment, offering to negotiate
a repayment schedule, and offsetting the overpayment against any future
payments for early learning programs.
(b) If the coalition is unable to arrange for
collection of the overpayment within ninety (90) calendar days of determining
that the private provider or school district has received an overpayment and
after making a reasonable effort, as determined by the Office, the coalition
shall provide all information necessary for the Office to act to collect the
overpayment. The Office retains the ability to require the coalition to make
continued efforts toward recovery of the overpayment or, if the coalition has
failed to make reasonable efforts to recover the overpayment, to consider the
overpayment to be a disallowed expenditure of the
coalition.
Rulemaking Authority
1001.213(1),
1002.75(2)(h),
1002.75(4),
1002.79 FS. Law Implemented
1002.71(5)(b),
1002.75(2)(h),
1002.75(4)
FS.
New 9-14-09, Formerly
60BB-8.205.
