Fla. Admin. Code Ann. R. 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)
(a)
Providers that register to offer the VPK program must execute Form DEL-VPK 20,
including either Form DEL-VPK 20PP or Form DEL-VPK 20PS as appropriate. A
coalition must be a party to a VPK Provider Contract. A school district may
sign a single VPK Provider Contract on behalf of all public school VPK
providers in the district. The owner or manager of multiple private VPK
providers may sign a single VPK Provider Contract on behalf of all of his or
her private VPK providers within a coalition's service area.
(b) Providers that register to offer the VPK
program must submit all forms adopted by this rule on the single statewide
information system (known as the Provider Portal) and found at
https://providerservices.floridaearlylearning.com.
Public school districts, public universities, county governments (67 Florida
counties), and public hospitals may print completed documents from the Provider
Portal for the purpose of having original signatures, if required by the local
school board or governing body; however, no changes may be made to Form DEL-VPK
20.
(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:
(a) The provider is on the United States
Department of Agriculture National Disqualified List;
(b) An individual associated with the
provider was, or is, associated with another provider that is on the United
States Department of Agriculture National Disqualified List;
(c) The provider has been terminated from
participation in the VPK program due to fraud and is currently not eligible to
participate in the program;
(d) An
individual associated with the provider was, or is, associated with another
provider that has been terminated from participation in the VPK program due to
fraud and is currently not eligible to participate in the VPK
program;
(e) The provider is
currently ineligible to participate in the VPK program due to revocation of
eligibility by the early learning coalition or the school district pursuant to
Section 1002.55(6),
1002.61(10),
1002.63(9), or
1002.73(4)(c),
F.S.; or
(f) An individual
associated with the provider was, or is, associated with another provider that
is currently ineligible to participate in the VPK program due to revocation of
eligibility by the early learning coalition or the school district pursuant to
Section 1002.55(6),
1002.61(10),
1002.63(9), or
1002.73(4)(c),
F.S.
(g) For providers removed from
eligibility due to noncompliance with Section
1002.68, F.S., the removal from
eligibility applies to VPK program type (school-year or summer). Therefore, in
paragraphs (8)(e) and (f), above, ineligibility to contract is per program
type.
(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;
(a) Develop policies and procedures that are
written and available to all current and potential providers. The policies and
procedures developed must state the time period for violations
considered;
(b) Document all
actions taken by the coalition or school district to remove a VPK provider from
the program or revoke a provider's eligibility; and
(c) Ensure providers are offered due process
as described in paragraph 61 of VPK Provider Contract.
(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.
Notes
Rulemaking Authority 1002.02(1), (2)(n), 1002.73(1), 1002.79 FS. Law Implemented 1002.55(3)(i), (5), 1002.61(3)(b), 1002.63(3)(b), 1002.73(1), (4)(c), 1002.91(4), (5), (7) FS.
New 8-17-06, Amended 5-24-07, 12-21-10, Formerly 60BB-8.301, Amended 4-9-15, 12-18-16, 11-29-18, 4-15-21, 3-15-22, 2-21-23.
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