Florida Administrative Code
6 - DEPARTMENT OF EDUCATION
6M - Division of Early Learning
Chapter 6M-8 - Division of Early Learning - Voluntary Prekindergarten Program
Section 6M-8.301 - Statewide Provider Contract for the Voluntary Prekindergarten (VPK) Program

(1) Early learning coalitions may not execute a provider contract with a provider before the provider has registered with the coalition and the coalition has determined the provider's eligibility to offer VPK services in accordance with Rule 6M-8.300, F.A.C.

(2)

(3) The State of Florida Statewide Voluntary Prekindergarten Provider Contract, Form DEL-VPK 20 (February 2023), is hereby adopted and incorporated by reference. The incorporated form is available from the Department of Education, Division of Early Learning, 325 West Gaines Street, Tallahassee, FL 32399 or at https://www.flrules.org/Gateway/reference.asp?No=Ref-15166.

(4) The State of Florida Statewide Voluntary Prekindergarten Provider Contract Private Provider Attachment, Form DEL-VPK 20PP, (February 2023), is hereby adopted and incorporated by reference. This attachment becomes part of the contract for all private providers that execute the VPK Provider Contract adopted in subsection (3). The incorporated form is available from the Department of Education, Division of Early Learning, 325 West Gaines Street, Tallahassee, FL 32399 or at http://www.flrules.org/Gateway/reference.asp?No=Ref-15167.

(5) The State of Florida Statewide Voluntary Prekindergarten Provider Contract Public School Attachment, Form DEL-VPK 20PS, February 2023, is hereby adopted and incorporated by reference. This attachment becomes part of the contract for all public schools that execute the VPK Provider Contract adopted in subsection (3). The incorporated form is available from the Department of Education, Division of Early Learning, 325 West Gaines Street, Tallahassee, FL 32399 or at https://www.flrules.org/Gateway/reference.asp?No=Ref-15168.

(6) Before VPK services are delivered by a provider, the provider and the coalition must fully execute the VPK Provider Contract and the appropriate private or public provider attachment. A coalition must execute and retain this contract electronically in compliance with Section 668.50, F.S., the Uniform Electronic Transaction Act.

(7) Neither a coalition nor a VPK provider may omit, supplement, or amend the terms and conditions of the VPK Provider Contract or include any attachments, addenda, or exhibits to the contract, except as described in this subsection. Form DEL-VPK 20PP and Form DEL-VPK 20PS are approved attachments to the VPK Provider Contract. The coalition and VPK provider may agree to amend the VPK Provider Contract if the specific type of amendment is identified in Form DEL-VPK 20A (February 2023), titled "Amendment to Statewide Voluntary Prekindergarten Provider Contract", which is hereby incorporated by reference. The incorporated form is available from the Department of Education, Division of Early Learning, 325 West Gaines Street, Tallahassee, FL 32399 or at https://www.flrules.org/Gateway/reference.asp?No=Ref-15169. Form DEL-VPK 20A must be executed by both the coalition and VPK provider.

(8) For the purpose of this subsection, "individual associated with a provider" means an individual or family member of an individual who, regardless of compensation, holds a management position, oversees the operations of a provider, or is an officer, shareholder, beneficial owner, or member of the board of directors of a provider. A provider will not be eligible to contract to offer the VPK program if any of the following circumstances apply:

(9) Transfer of ownership. In the event of a change of ownership, sale, sale of assets, conveyance of ownership, or other transfer of ownership interest, the provider must notify the coalition no later than thirty (30) calendar days prior to the transfer of ownership. The coalition and new owner must execute a new VPK Provider Contract for VPK services, provided the new owner meets the eligibility requirements of Section 1002.55 or 1002.61, F.S., whichever is applicable, and is not disqualified from contracting pursuant to subsection (8) of this rule. Upon receipt of a request for a new contract due to a transfer of ownership, the coalition has up to thirty (30) calendar days to execute or decline a new contract. This timeline may be extended if all prerequisite requirements have not been met.

(10) The early learning coalition may refuse to contract with a provider or revoke a VPK provider's eligibility to deliver the VPK program if the provider has been cited for a Class I violation by the Department of Children and Families (DCF), in accordance with Rule 65C-22.010 or 65C-20.012, F.A.C. (as applicable to the provider type), or local licensing agency (as applicable to the provider location). Action taken by a coalition or school district to revoke a provider's eligibility must be consistent with Section 1002.55(6), 1002.61(10)(b), or 1002.63(9)(b), F.S., whichever is applicable, in that the revocation must be for a period of at least two (2) years but no more than five (5) years. If the coalition chooses to implement this provision, the coalition must develop policies and procedures to ensure the standard is applied consistently to all potential and current VPK providers. Each coalition must;

(11) Form DEL-VPK 20B (February 2023), titled "VPK Logotype Usage and Brand Guidelines", is hereby incorporated by reference. The incorporated form is available from the Department of Education, Division of Early Learning, 325 West Gaines Street, Tallahassee, FL 32399, or at https://www.flrules.org/Gateway/reference.asp?No=Ref-15170.