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Page 1: Table of Contents - ELC · emergent literacy training courses for prekindergarten instructors to “provide resources containing strategies that allow students with disabilities and

PROGRAM POLICIES

Page 2: Table of Contents - ELC · emergent literacy training courses for prekindergarten instructors to “provide resources containing strategies that allow students with disabilities and

Agency for Workforce Innovation - Office of Early Learning Approved Policies for VPK Programs

OEL Policy Number Issue Date Summary OEL-PI-0007-05 3/24/2005 Prohibition against VPK providers requiring a child to enroll in supplemental services

as a condition of admittance in the VPK program.

OEL-PI-0010-05 4/21/2005 Provides procedures for verifying that all VPK providers use developmentally appropriate curricula.

• If a provider or school’s kindergarten readiness rate falls below the minimum rate adopted by the State Board of Education for two consecutive years, the school or provider is placed on probation and must use pre-approved curricula.

• Coalitions may not subjectively say whether or not a program’s curricula does in fact meet the indicators on the application.

OEL-PI-0014-05 5/16/2005 Enrollment of Children into the VPK Program:

• Parents must complete an enrollment form or register online at www.vpkflorida.org

• Each coalition or qualified contractor must determine eligibility of each child • Once determined eligible, parents are given a Certificate of Eligibility • Parents must be given profiles of schools who provide VPK services • Providers must submit the child’s name and certificate number to the coalition

or contractor to complete enrollment.

OEL-PI-0013-05 5/16/2005 Child Eligibility

• Children must be 4 on or before Sept. 1st of school year • Includes children with disabilities • Child must be a resident of Florida • Parents may choose either a private or school-based provider for either a school

year or summer program.

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Agency for Workforce Innovation - Office of Early Learning Approved Policies for VPK Programs

OEL Policy Number Issue Date Summary OEL-PI-0020-05 6/29/2005 Mandatory class sizes:

• School – year program: Minimum = 4 children Maximum = 18 children

• Summer Program: Minimum = 4 children Maximum = 10 students

OEL-PI-0021-05 7/7/2005 All VPK providers must complete a provider agreement with the Coalition before receiving payment for VPK services.

OEL-IM-0025-05 8/5/2005 Criteria for enrolling children in the VPK program by providers:

• Private providers may determine whether or not to enroll VPK children during the school-year (540 instructional hours) or summer (300 instructional hours) programs;

• School districts may limit the number of children enrolled into the VPK program by any public school during the school year or summer program, but the district must provide for the admission of every eligible child within the district whose parent enrolls the child in the summer program.

OEL-PI-0026-05 8/5/2005 Children may enroll with a VPK provider in a county other than where the child resides.

OEL-PI-0027-05 8/5/2005 Prohibition against charging fees for the VPK program:

• Providers or schools may not require a parent to pay fees or charges for any part of the VPK program, including, but not limited to, registration fees.

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Agency for Workforce Innovation - Office of Early Learning Approved Policies for VPK Programs

• Providers or schools must notify parents of the VPK schedule in writing. If a parent picks up a child after the VPK program has ended, a provider may charge a fee for late pick up, but these are not considered part of the VPK program. The late pick up rates must not exceed the rates that non-VPK children are charged.

• A provider or school may request that personal items such as supplies, food products, hygiene products, or sporting equipment are brought the program, but may not require a parent or child to purchase or bring these items.

• A provider or school may request a parent to bring in field trip fees, but may not require a parent or child to pay for the cost of the activity.

• If a parent chooses a program with a specific written dress code (uniforms) then that parent voluntarily chooses to comply with the dress code.

OEL Policy Number Issue Date Summary OEL-IM-0024-05 8/5/2005 The VPK law allows a parent to enroll his or her child with any private prekindergarten

provider or public school that is eligible to deliver the VPK program.

• Children may not be discriminated against because of race, color, national origin, or disability.

OEL-PI-0029-05 9/21/2005 Uniform Attendance:

• If a student attend the VPK program during any day of the startup period (5 instructional days), then the provider is paid for all 5 of those instructional days.

• Beyond the startup period, the provider will be paid when a child is absent from the program for up to 15% of the instructional days.

• If there are extraordinary circumstances, the provider may be paid for up to 20% of the instructional days.

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Agency for Workforce Innovation - Office of Early Learning Approved Policies for VPK Programs

OEL Policy Number Issue Date Summary OEL-PI-0030-05 9/21/2005 Documenting and certifying student attendance in the VPK program:

• All VPK providers are required to record daily attendance in the VPK program

• A monthly attendance roster, verified by each child’s parent must be turned in for payment

• Parents must either complete the long or short form to verify their child’s attendance

• Attendance documentation must be kept on site for 2 years and is subject to inspection by the Coalition or its contractor.

OEL-PI-0031-05 9/21/2005 Defines delayed enrollment, and specifies that a child may start the VPK program as a delayed enrollment if at least 10 percent of the instructional hours remain in the VPK class schedule. (54 hours for school-year programs, 30 hours for summer programs).

OEL-PI-0033-05 10/19/2005 Class schedule for VPK program:

School-year programs-

• May not begin instruction before the first day of the school year, except that, if the school year begins on a day other than a Monday, the VPK prekindergarten class may begin on or after the school year. The VPK prekindergarten class must complete at least 540 instructional hours not later than the last day of that school year.

• For 2005-2006 school year only, if a provider or school submits a class

schedule to the coalition or its designee before this program instruction is issued, and the submitted schedule extends beyond the last day of the year, the class must complete instruction not later than June 30, 2006. This subparagraph expires July 1, 2006.

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Agency for Workforce Innovation - Office of Early Learning Approved Policies for VPK Programs

Summer programs-

• May not begin instruction before May 1 and must complete at least 300 instructional hours before the beginning of the following school year.

OEL-PI-0036-06 01/23/06 Re-enrollment in the VPK program after withdrawal or dismissal from the program. This examines the definitions, rules, and re-enrollment procedures for VPK students who withdraw from a VPK program or are dismissed by their VPK program.

• Definitions of dismissal, full time equivalent student, re-enrollment, student’s attendance period, and withdrawal

• Withdrawal by a student from the VPK program • Dismissal by a provider or school • Procedure and processe for re-enrollment of a student withdrawn or dismissed • Good cause for withdrawals or dismissals

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AGENCY FOR WORKFORCE INNOVATION

Office of Early Learning

SUBJECT FILE: 508.22

POLICY NUMBER: OEL-IM-0024-05

UNIT: Program

STAFF CONTACT: Michael Fisher, (850) 921-3211

ISSUE DATE: August 5, 2005

DEPUTY DIRECTOR: Gladys W. Wilson

Agency for Workforce Innovation • Office of Early Learning 107 East Madison Street, Caldwell Building, MSC 140

Tallahassee, Florida 32399-4120 Phone (850) 921-3180 • Fax (850) 921-3188 • TTY/Florida Relay 711

OEL policies available at http://www.floridajobs.org/earlylearning/IMPI.html

Subject: Prohibited forms of discrimination in the VPK program Summary: This information memorandum examines the state and federal laws prohibiting

certain forms of discrimination in the VPK program. The VPK law prohibits a private prekindergarten provider or public school from discriminating against a parent or child on the ground of race, color, or national origin. The VPK law does not establish special VPK programs for children with disabilities; however, provisions of the VPK law express the legislative intent that children with disabilities would be served in the VPK program. In addition, federal law prohibits public schools and most private prekindergarten providers from discriminating against persons with disabilities.

References: Section 1(b), Art. IX of the State Constitution Section 1002.53(2) and (6)(c), F.S. Section 1002.57(2)(b), F.S. Section 1002.59, F.S. Section 1002.69(3), F.S. 29 U.S.C. § 794 42 U.S.C. § 2000d

42 U.S.C. §§ 12102, 12131-12189 Purpose: To provide information concerning the forms of discrimination prohibited in the

VPK program Background: The VPK law (ss. 1002.51-1002.79, F.S.) allows a parent to enroll his or her child

with any private prekindergarten provider or public school that is eligible to deliver the VPK program (s. 1002.53(6)(a) and (b), F.S.).

Federal civil rights requirements provide that:

No person in the United States shall, on the ground of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance (42 U.S.C. § 2000d).

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Following these federal civil rights requirements, the VPK law specifies that:

Each private prekindergarten provider and public school must comply with the antidiscrimination requirements of 42 U.S.C. s. 2000d, regardless of whether the provider or school receives federal financial assistance. A private prekindergarten provider or public school may not discriminate against a parent or child, including the refusal to admit a child for enrollment in the Voluntary Prekindergarten Education Program, in violation of these antidiscrimination requirements (s. 1002.53(6)(c), F.S).

Thus, the VPK law prohibits discrimination against parents and children on the

ground of race, color, or national origin. The State Constitution specifies that “[e]very four-year old child in Florida shall

be provided by the State a[n] … early childhood development and education program” (s. 1(b), Art. IX of the State Constitution) [emphasis added]. Further, the VPK law specifies that “[e]ach child who resides in this state who will have attained the age of 4 years on or before September 1 of the school year is eligible for the V[PK p]rogram during that school year” (s. 1002.53(2), F.S.) [emphasis added]. Both the State Constitution and the VPK law require that the VPK program be available for all 4-year-old children. These provisions do not relieve the state of providing the VPK program for students with disabilities.

Moreover, the VPK law includes provisions specifically addressing students with

disabilities. For example, s. 1002.69(3), F.S., requires the “statewide kindergarten screening [to] incorporate mechanisms for recognizing potential variations in kindergarten readiness rates for students with disabilities.” Section 1002.57(2)(b), F.S., requires the prekindergarten director credential to include training in “[s]trategies that allow students with disabilities and other special needs to derive maximum benefit from the V[PK p]rogram,” and s. 1002.59, F.S., requires emergent literacy training courses for prekindergarten instructors to “provide resources containing strategies that allow students with disabilities and other special needs to derive maximum benefit from the V[PK p]rogram.”

Information: (1) Discrimination on the ground of race, color, or national origin.—Section

1002.53(6)(c), F.S., prohibits a private prekindergarten provider or public school from discriminating against a parent or child, including the refusal to admit a child for enrollment in the VPK program, by violating federal civil rights requirements that prohibit exclusion from participation in, denial of the benefits of, or other discrimination under a program “on the ground of race, color, or national origin” (42 U.S.C. § 2000d).

(2) Discrimination because of a disability.—

(a) Public schools.—Public schools are prohibited from discriminating against children with disabilities under Title II (42 U.S.C. §§ 12131-12165) of the federal Americans with Disabilities Act (ADA) and

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Section 504 of the federal Rehabilitation Act of 1973 (29 U.S.C. § 794).

(b) Private prekindergarten providers.—

1. Many private prekindergarten providers are also prohibited from discriminating against children with disabilities. Title III (42 U.S.C. §§ 12181-12189) of the ADA prohibits discrimination against a person because of a disability by any person who owns, leases, or operates a place of “public accommodation” (42 U.S.C. § 12182), which the ADA defines to include private schools, day care centers, and other places of education (42 U.S.C. § 12181(7)(J) and (K)). The ADA defines a “disability” as:

a. A physical or mental impairment that substantially limits

one or more of the major life activities of a person; b. A record of such an impairment; or c. A person’s being regarded as having such an impairment

(42 U.S.C. § 12102(2)).

2. Under the ADA, a public accommodation (e.g., private prekindergarten provider), among other things:

a. May not use eligibility criteria that tend to screen out a

person with a disability; b. Must make reasonable modifications as may be necessary

to serve a person with a disability, unless those modifications would fundamentally alter the nature of the services; and

c. Must provide auxiliary aids and services to a person with a disability when necessary to serve the individual, unless providing those auxiliary aids and services would fundamentally alter the nature of the services or result in an undue burden (42 U.S.C. § 12182(b)(2)(A)).

3. The ADA specifies that it does not require a public

accommodation (e.g., private prekindergarten provider) to permit a person to participate in or benefit from services if the individual poses a direct threat to the health or safety of others (42 U.S.C. § 12182(b)(3)). In addition, the ADA exempts from its requirements religious organizations or entities controlled by religious organizations, including places of worship (42 U.S.C. § 12187).

PLEASE DIRECT QUESTIONS AND COMMENTS TO THE STAFF CONTACT LISTED ABOVE.

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AGENCY FOR WORKFORCE INNOVATION

Office of Early Learning

SUBJECT FILE: 504.02

POLICY NUMBER: OEL-IM-0025-05

UNIT: Program

STAFF CONTACT: Michael Fisher, (850) 921-3211

ISSUE DATE: August 5, 2005

DEPUTY DIRECTOR: Gladys W. Wilson

Agency for Workforce Innovation • Office of Early Learning 107 East Madison Street, Caldwell Building, MSC 140

Tallahassee, Florida 32399-4120 Phone (850) 921-3180 • Fax (850) 921-3188 • TTY/Florida Relay 711

OEL policies available at http://www.floridajobs.org/earlylearning/IMPI.html

Subject: Criteria for admitting children in the VPK program by providers and schools Summary: The VPK law authorizes a private prekindergarten provider to determine whether

to admit any child in either the school-year or summer programs and permits a school district to limit the number of children admitted by a public school in either program. However, the VPK law requires a school district to provide for the admission of every eligible child within the district whose parent enrolls the child in the summer program. This information memorandum examines admissions criteria that may be used by providers and schools for the VPK program. In addition, this information memorandum emphasizes that state and federal law prohibits certain discriminatory admissions criteria.

References: Section 1002.53(6)(a)-(c), F.S. Section 1002.71(8), F.S. 42 U.S.C. § 2000d Purpose: To provide information concerning admissions criteria used by providers and

schools for the VPK program Background: The VPK law (ss. 1002.51-1002.79, F.S.) allows a parent to enroll his or her child

with any private prekindergarten provider that is eligible to deliver the VPK program or, subject to available space, with any eligible public school within the school district (s. 1002.53(6)(a) and (b), F.S.). However, the VPK law allows a private prekindergarten provider to “determine whether to admit any child” (s. 1002.53(6)(a), F.S.). The VPK further specifies that:

[e]ach school district may limit the number of students admitted by any public school for enrollment in the program; however, the school district must provide for the admission of every eligible child within the district whose parent enrolls the child in a summer prekindergarten program delivered by a public school (s. 1002.53(6)(b), F.S.).

Thus, the VPK law authorizes a private prekindergarten provider to determine whether to admit any child in either the school-year (540 instructional hours) or summer (300 instructional hours) programs and permits a school district to limit the number of children admitted by any public school in either the school-year or

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summer programs. However, the VPK law requires a school district to provide for the admission of every eligible child within the district whose parent enrolls the child in the summer program.

Information: (1) Definition.—As used in this information memorandum, the term: “objective

criteria” or “objective” means measurable standards or methods applied uniformly for all children which are not modified or affected by personal views, feelings, prejudices, perceptions, interpretations, experiences, or backgrounds. The following standards and methods are examples of objective criteria: (a) Random selection (e.g., lottery); (b) Geography (e.g., children who reside within a certain school zone or

children who reside within a county served by the provider or school); (c) First come, first served; (d) Previous service (i.e., children previously served by the provider or

school); or (e) Targeted populations (e.g., children at risk of abuse, neglect, or

exploitation; children whose family income does not exceed 150 percent of the federal poverty level; or children who are eligible for free and reduced-price lunch meals under the National School Lunch Program).

(2) Private prekindergarten providers.—A private prekindergarten provider

may establish and use criteria to determine whether to admit a child for services in the school-year or summer programs. It is recommended that these criteria be objective and apply uniformly for all children. State and federal law prohibits certain discriminatory admissions criteria (see (4) below). These admissions criteria may include, but are not limited to, the objective standards and methods described in (1)(a)-(e) above.

(3) School districts.—

(a) School-year program.—A school district may establish and use criteria to limit the number of children admitted by a particular public school for services in the school-year program. It is recommended that these admissions criteria be objective and apply uniformly for all children. State and federal law prohibits certain discriminatory admissions criteria (see (4) below). The admissions criteria of a school district may include, but are not limited to, the objective standards and methods described in (1)(a)-(e) above.

(b) Summer program.—Section 1002.53(6)(b), F.S., requires each school

district to provide for the admission of every eligible child residing in the district whose parent registers the child for services delivered by a public school in the summer program. However, the district may establish and use criteria to limit the number of children admitted by a particular public school. It is recommended that these criteria be

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objective and apply uniformly for all children. State and federal law prohibits certain discriminatory admissions criteria (see (4) below). The admissions criteria of a school district for a particular school may include, but are not limited to, the objective standards and methods described in (1)(a)-(e) above. If a district limits the number of children served by particular public schools in the summer program, but the number of eligible children exceeds the available spaces, that district must make additional spaces available necessary to serve all eligible children in the district.

(4) Discriminatory admissions criteria.—State and federal law prohibits certain

discriminatory admissions criteria, as follows: (a) Race, color, or national origin.—Section 1002.53(6)(c), F.S., prohibits

a private prekindergarten provider or public school from discriminating against a parent or child, including the refusal to admit a child for enrollment in the VPK program, by violating federal civil rights requirements that prohibit exclusion from participation in, denial of the benefits of, or other discrimination under a program “on the ground of race, color, or national origin” (42 U.S.C. § 2000d). See OEL File 508.22.

(b) Supplemental services.—Section 1002.71(8), F.S., prohibits a private

prekindergarten provider or public school from requiring a child to enroll for, or requiring the payment of any fee or charge for, supplemental services as a condition of admitting the child in the VPK program. See OEL File 508.20.

(c) Children with disabilities.—Federal law prohibits public schools and

many private prekindergarten providers from discriminating against children with disabilities. See OEL File 508.22.

PLEASE DIRECT QUESTIONS AND COMMENTS TO THE STAFF CONTACT LISTED ABOVE.

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Agency for Workforce Innovation, Office of Early Learning 107 East Madison Street, Caldwell Building, MSC 140

Tallahassee, Florida 32399-4120 Phone (850) 921-3180 • Fax (850) 921-3188

Former policies available at http://www.schoolreadiness.org/lc/lc_ipm.asp

Office of Early Learning

NUMBER: OEL-PI-0007-05

SUBJECT FILE: 508.20

ISSUE DATE: March 24, 2005

ORIGINATING UNIT: Program

STAFF CONTACT: Joseph R. Gillespie, (850) 921-3192

Subject: Prohibition against VPK providers and schools requiring a child to enroll for

supplemental services as a condition of admittance in the VPK program References: Section 1(b), Art. IX of the State Constitution Section 1002.71(8), F.S., as created by s. 1, ch. 2004-484, L.O.F. Purpose: To provide program guidance whether VPK providers or schools may require a

parent to enroll his or her child in, or require payment of fees or charges for, supplemental services

Background: In December 2004, at its 2004 Special Session “A,” the Legislature enacted

House Bill 1-A (ch. 2004-484, L.O.F.), which created the Voluntary Prekindergarten Education (VPK) Program. The bill was approved by the Governor and became effective on January 2, 2005. The bill specifies that “a private prekindergarten provider or public school may not … [r]equire a child to enroll for, or require the payment of any fee or charge for, supplemental services as a condition of admitting a child for enrollment in the Voluntary Prekindergarten Education Program” (emphasis added).

Section 1(b), Art. IX of the State Constitution provides that:

Every four-year old child in Florida shall be provided by the State a high quality pre-kindergarten learning opportunity in the form of an early childhood development and education program which shall be voluntary, high quality, free, and delivered according to professionally accepted standards. … [Emphasis added.]

Section 1002.71(8), F.S., as created by s.1, ch. 2004-484, L.O.F., provides as follows:

(8) Except as otherwise expressly authorized by law, a private prekindergarten provider or public school may not: (a) Require payment of a fee or charge for services provided for a child enrolled in the Voluntary Prekindergarten Education Program during a period reported for funding purposes; or

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(b) Require a child to enroll for, or require the payment of any fee or charge for, supplemental1 services as a condition of admitting a child for enrollment in the Voluntary Prekindergarten Education Program. [Emphasis added.]

This subsection prohibits a provider or school from requiring parents to pay fees or charges for the VPK program or from requiring parents to enroll their children in or pay for supplemental services as a condition of admitting the children in the VPK program. This latter provision (i.e., s. 1002.71(8)(b), F.S.) in effect prohibits a provider or school from refusing to admit a child unless the parent enrolls the child in supplemental services and pays for those services. This provision does not prohibit a provider or school from charging fees for supplemental services to a parent who freely chooses to enroll his or her child for those services. Rather, this provision prohibits a provider or school from requiring a parent to pay for these services as a condition of serving the child in the VPK program. If a parent chooses not to enroll his or her child in the provider’s or school’s supplemental services, the parent’s ability to have his or her child served by the provider or school exclusively in the VPK program must not be affected.

Instructions: A private prekindergarten provider or public school may not require a parent to

enroll his or her child in, or require payment of fees or charges for, supplemental services (e.g., “extended-day,” “extended-year,” “wrap-around,” or “full-day” services) as a condition of admitting the child in the VPK program.

If an early learning coalition, when monitoring private prekindergarten providers for compliance with VPK program requirements, finds that a provider imposes requirements on a parent which are inconsistent with this program instruction, the early learning coalition shall notify the Office of Early Learning.

1 The term “supplemental” is commonly defined as “supplying something additional; adding what is lacking.” Black’s Law Dictionary 1452 (7th ed. 1999).

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AGENCY FOR WORKFORCE INNOVATION

Office of Early Learning

SUBJECT FILE: 508.05

POLICY NUMBER: OEL-PI-0010-05

UNIT: Program

STAFF CONTACT: Joseph R. Gillespie, (850) 921-3192

ISSUE DATE: April 21, 2005

DEPUTY DIRECTOR: Gladys W. Wilson

Agency for Workforce Innovation • Office of Early Learning 107 East Madison Street, Caldwell Building, MSC 140

Tallahassee, Florida 32399-4120 Phone (850) 921-3180 • Fax (850) 921-3188

OEL policies available at http://www.floridajobs.org/earlylearning/oel_policy_memo.html.

Subject: Verification of developmentally appropriate curricula used for VPK program References: Section 1002.55(3)(b)3., F.S.1 Section 1002.67(3)(a), F.S. Section 1002.75(2)(d) and (e), F.S. Purpose: To provide information about procedures used in verifying that private

prekindergarten providers and public schools in the VPK program use developmentally appropriate curricula

Background: In December 2004, at its 2004 Special Session “A,” the Legislature enacted

House Bill 1-A (ch. 2004-484, L.O.F.), which created the Voluntary Prekindergarten Education (VPK) Program. The Governor approved the bill and it became effective on January 2, 2005. The bill requires the Department of Education (DOE) to develop and adopt performance standards2 for students in the VPK program which address the age-appropriate progress of students in developing, among other things, emergent literacy skills (s. 1002.67(1), F.S.). The bill requires each provider’s or school’s curriculum3 to be developmentally appropriate and, among other things, “[e]nhance the age-appropriate progress of students in attaining the performance standards adopted by [DOE]” (s. 1002.67(2)(b), F.S.). The bill specifies that “[e]ach private prekindergarten provider and public school may select or design the curriculum that the provider or school uses to implement the [VPK p]rogram, except as otherwise required for a provider or school that is placed on probation” (s. 1002.67(2)(a), F.S.). The bill requires DOE to assign each provider and school a “kindergarten readiness rate,” expressed as the percentage of the provider’s or school’s students who are assessed as ready for kindergarten on the statewide kindergarten screening (s. 1002.69(5), F.S.).

1 All citations to sections in part V of ch. 1002, F.S. (ss. 1002.51-1002.79, F.S.) were created by s. 1, ch. 2004-484, L.O.F. 2 Performance standards define expectations for a child’s knowledge, skills, and abilities (i.e., what a child is expected to know and be able to do). 3 A curriculum is a systematic methodology for teaching a child (i.e., how to teach a child what he or she is expected to know and be able to do).

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If a provider’s or school’s kindergarten readiness rate falls below the minimum satisfactory rate adopted by the State Board of Education for two consecutive years, the provider or school is placed on probation and loses the privilege of selecting or designing its own curricula (ss. 1002.67(3)(c)2. and 1002.59(6), F.S.). While the provider or school remains on probation, it must use a curricula reviewed and approved by DOE (s. 1002.67(3)(c)2. and 3., F.S.). The bill further requires DOE to maintain a list of approved curricula available for use by providers and schools on probation (s. 1002.67(2)(c), F.S.). House Bill 1-A requires each early learning coalition, in accordance with procedures adopted by the Agency for Workforce Innovation (AWI), to verify that private prekindergarten providers comply with VPK program requirements (ss. 1002.67(3)(a) and 1002.75(2)(e), F.S.). The bill similarly requires each school district to verify, in accordance with AWI’s procedures, the compliance of its public schools. Id. The bill also requires early learning coalitions, when determining the eligibility of licensed private prekindergarten providers that do not hold a current Gold Seal Quality Care designation or which are not accredited by an accrediting association that is a member of the National Council for Private School Accreditation (http://www.ncpsa.org), the Commission on International and Trans-Regional Accreditation (http://www.citaschools.org), or the Florida Association of Academic Nonpublic Schools (http://www.faans.org), to verify in accordance with AWI’s procedures that each provider has developmentally appropriate curricula before the provider delivers the VPK program (ss. 1002.55(3)(b)3. and 1002.75(2)(d), F.S.).

Instructions: To be eligible to deliver the VPK program, each private prekindergarten provider

and public school must complete and submit the statewide registration application (Form AWI-VPK 10) to its respective early learning coalition. The application form includes, among other things, questions soliciting information concerning the curricula selected or designed by each provider and school. These questions require each provider and school to confirm that its curricula address each of the VPK performance standards adopted by the Department of Education.

Statewide evaluation procedures adopted by AWI, rather than local coalition

policies, shall govern each early learning coalition’s review of the registration applications and determination of each private prekindergarten provider’s eligibility, based on the provider’s responses in its application. To ensure that the VPK program is uniformly administered statewide, such that similarly situated providers are evaluated in a similar manner, each early learning coalition must follow the AWI procedures.

The Agency for Workforce Innovation’s evaluation procedures for reviewing

questions concerning a provider’s or school’s curricula require the coalition to objectively verify that the provider or school has confirmed that its curricula address each of the VPK performance standards. The procedures do not permit a

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coalition to look beyond the application or use its discretion to subjectively conclude whether a provider’s or school’s curriculum is developmentally appropriate. In sum, the procedures do not permit a coalition to substitute its judgment for the provider’s or school’s judgment of whether a curriculum is developmentally appropriate.

Statewide monitoring procedures adopted by AWI, rather than local coalition

policies, shall govern the early learning coalitions’ monitoring of private prekindergarten providers for verification of the providers’ continuing compliance with VPK program requirements. The Agency for Workforce Innovation’s procedures address the coalitions’ responsibilities for verifying that each provider uses a developmentally appropriate curriculum. Early learning coalitions must uniformly apply the procedures to ensure program integrity.

PLEASE DIRECT QUESTIONS AND COMMENTS TO THE STAFF CONTACT LISTED ABOVE.

**********

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AGENCY FOR WORKFORCE INNOVATION

Office of Early Learning

SUBJECT FILE: 504.01

POLICY NUMBER: OEL-PI-0013-05

UNIT: Program

STAFF CONTACT: Lisa Barnes, (850) 921-3171

ISSUE DATE: May 16, 2005

DEPUTY DIRECTOR: Gladys W. Wilson

Agency for Workforce Innovation • Office of Early Learning 107 East Madison Street, Caldwell Building, MSC 140

Tallahassee, Florida 32399-4120 Phone (850) 921-3180 • Fax (850) 921-3188

OEL policies available at http://www.floridajobs.org/earlylearning/oel_policy_memo.html.

Subject: Determining child eligibility for the VPK program References: Section 1002.53(2), (3) and (4)(b), F.S.1 Section 1002.69(4), F.S.

Section 1002.71(2) and (4)(a), F.S. Section 1002.75(2)(a), F.S. Section 1003.01, F.S. Section 1003.21(1)(a)2., F.S.

Purpose: To establish criteria for determining age and residential eligibility of children for

the VPK program Background: In December 2004, at its 2004 Special Session “A,” the Legislature enacted

House Bill 1-A (ch. 2004-484, L.O.F.), which created the Voluntary Prekindergarten Education (VPK) Program. This bill was approved by the Governor and became effective on January 2, 2005. The bill required the Agency for Workforce Innovation (AWI) to adopt procedures governing the administration of the program. Section 1002.75(2)(a), F.S., requires AWI to adopt procedures “determining the eligibility of children for the Voluntary Prekindergarten Education Program under s. 1002.53.”

The bill specifies that “[e]ach child who resides in this state who will have

attained the age of 4 years on or before September 1 of the school year is eligible for the Voluntary Prekindergarten Education Program during that school year. The child remains eligible until the beginning of the school year for which the child is eligible for admission to kindergarten in a public school under s. 1003.21(1)(a)2., F.S., or until the child is admitted to kindergarten, whichever occurs first” (s. 1002.53(2), F.S.). The bill specifies that AWI “[m]ay establish alternative methods for submitting proof of the child’s age in lieu of a certified copy of the child’s birth certificate” (s. 1002.53(4)(b), F.S.).

1 All citations to sections in part V of ch. 1002, F.S. (ss. 1002.51-1002.79, F.S.) were created by s. 1, ch. 2004-484, L.O.F.

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Instructions: Early Learning Coalitions must determine child eligibility by considering the

following questions: 1) Does the child meet the age requirement; 2) Does the child reside in Florida; and 3) Has the child already participated in VPK?

(1) Age eligibility.—All children who reside in Florida who have attained 4

years of age on or before September 1 of the school year are eligible for VPK, including those children with a disability.2

The law does not allow flexibility in the determination of age—when the

child becomes eligible for kindergarten or is admitted into kindergarten the child is no longer eligible for VPK. A child who is five years of age on or before September 1 is eligible for kindergarten and is not eligible for VPK. Likewise, a child who has not attained four years of age by September 1 of a school year is not eligible for VPK during the school year or summer program that immediately follows.

During the application process, a coalition or its contracting agency shall

collect and retain in the applicant’s file a photocopy of at least one of the following documents for purposes of verifying age:

(a) A duly attested transcript of the child’s birth record filed according to

law with a public officer charged with the duty of recording births; (b) A duly attested transcript of a certificate of baptism showing the date

of birth and place of baptism of the child, accompanied by an affidavit sworn to by the parent;

(c) An insurance policy on the child’s life that has been in force for at least two years, which reflects the child’s birth date;

(d) A bona fide contemporary religious record of the child’s birth accompanied by an affidavit sworn to by the parent;

(e) A passport or certificate of arrival in the United States showing the birth date of the child;

(f) A transcript of record of age shown in the child’s school record from at least four (4) years prior to application, stating date of birth;

(g) An immunization record indicating the date of birth, signed by a public health officer or by a licensed practicing physician;

(h) A valid military dependent identification card showing the date of birth; or

(i) If none of the evidential documents listed above can be produced, an affidavit of age sworn to by the parent, accompanied by a certificate of age reflecting the child’s birth date, signed by a public health officer or by a licensed practicing physician which states that the physician has

2 The federal Individual with Disabilities Education Act (IDEA) identifies the term “child with a disability” as a child “[w]ith mental retardation, hearing impairments (including deafness), speech or language impairments (including blindness), serious emotional disturbance … orthopedic impairments, autism, traumatic brain injury, other health impairments, or specific learning disabilities; and who, by reason thereof, needs special education and related services” (20 U.S.C. § 1401(3)(a)).

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examined the child and believes that the age as stated in the affidavit is substantially correct.

(2) Residence eligibility.—All 4-year-old children must reside in the State of

Florida. Coalitions are only to establish where the child lives not test the legal residency of the child. Those persons who have not established Florida as their legal residence, but are residing for an extended period of time, are qualified to receive services (e.g., work and education visas or immigrants). The following are acceptable documents to establish where a child resides and must contain the name of the parent/guardian of the child and the address of the parent/guardian as submitted on Form AWI-VPK 01 Parent Application. Post office boxes are not sufficient to determine residency. During the application process, the coalition shall collect and retain a copy of at least one of the following documents for purposes of verifying residency:

(a) Utility bills, (b) Bank statements, (c) Insurance policies, (d) Pay stubs, or (e) Government documents (e.g., prior tax returns).

A homeless child, as defined in s. 1003.01, F.S., must have access to the VPK program. Coalitions shall assist homeless children and may determine residency based on other documentation as necessary (e.g., letter from homeless shelter).

(3) Participation eligibility.—Coalitions are responsible for ensuring that a child receives services and funding for one full-time equivalent as established in s. 1002.71(4), F.S. A parent may enroll the child in one of the following programs as established in s. 1002.53(3), F.S.

(a) A school-year prekindergarten program delivered by a private

prekindergarten provider under s. 1002.55, F.S.; (b) A summer prekindergarten program delivered by a public school or

private prekindergarten provider under s. 1002.61, F.S.; or (c) A school-year prekindergarten program delivered by a public school, if

offered by a school district that is eligible under s. 1002.63, F.S., residency based on other documentation as necessary.

PLEASE DIRECT QUESTIONS AND COMMENTS TO THE STAFF CONTACT LISTED ABOVE.

**********

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AGENCY FOR WORKFORCE INNOVATION

Office of Early Learning

SUBJECT FILE: 510.02

POLICY NUMBER: OEL-PI-0014-05

UNIT: Program

STAFF CONTACT: Joseph R. Gillespie, (850) 921-3192

ISSUE DATE: May 16, 2005

DEPUTY DIRECTOR: Gladys W. Wilson

Agency for Workforce Innovation • Office of Early Learning 107 East Madison Street, Caldwell Building, MSC 140

Tallahassee, Florida 32399-4120 Phone (850) 921-3180 • Fax (850) 921-3188

OEL policies available at http://www.floridajobs.org/earlylearning/oel_policy_memo.html.

Subject: Enrollment of children in the VPK program References: Section 1002.53(4)(a), F.S.1 Section 1002.75(2)(a), F.S. Purpose: To adopt procedures for the enrollment of children in the VPK program This program instruction rescinds OEL-PI-0006-05 (VPK pre-applications for

parents and providers). Background: In December 2004, at its 2004 Special Session “A,” the Legislature enacted

House Bill 1-A (ch. 2004-484, L.O.F.), which created the Voluntary Prekindergarten Education (VPK) Program. The bill was approved by the Governor and became effective on January 2, 2005. The VPK law requires each parent enrolling a child in the VPK program to complete and submit an application on forms prescribed by the Agency for Workforce Innovation (s. 1002.53(4)(a), F.S.). The VPK law also requires the Agency for Workforce Innovation to adopt procedures governing the enrollment and eligibility determination of children in the VPK program by the early learning coalitions and school districts (s. 1002.75(2)(a), F.S.).

Instructions: Each early learning coalition shall follow the following procedures for

registration, eligibility determination, and enrollment of children in the VPK program:

(1) Definitions.—As used in this program instruction, the term:

(a) “Enroll” or “enrollment” means recording an association in the Enhanced Field System (EFS) between a child who has been determined eligible for the VPK program and the provider or school chosen by the child’s parent or guardian.

1 All citations to sections in part V of ch. 1002, F.S. (ss.1002.51-1002.79, F.S.) were created by s. 1, ch. 2004-484, L.O.F.

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(b) “Qualified contractor” means a legal entity operating under contract with an early learning coalition which is authorized to perform eligibility and enrollment services on behalf of the coalition. If an early learning coalition contracts for eligibility and enrollment services, the coalition is ultimately responsible for ensuring that the contractor performs these services in accordance with this program instruction. An early learning coalition may not contract for the performance of eligibility and enrollment services with an entity delivering VPK instruction to students.

(c) “Register” or “registration” means recording a parent’s or guardian’s request for his or her child to be determined eligible to participate in the VPK program.

(d) “Eligibility and enrollment services” means registering children,

conducting parent consultations, determining the eligibility of children, and enrolling children with providers or schools in the VPK program.

(2) Registration.—Each parent or guardian registering his or her child for the

VPK program must either:

(a) Register online at www.vpkflorida.org; or (b) Complete Form AWI-VPK 01 and submit the completed form to the

early learning coalition or its qualified contractor.

(3) Eligibility determination.—Each early learning coalition or its qualified contractor shall determine, in accordance with OEL File 504.01, the eligibility of each child. If a parent consultation is required under (4) below, the eligibility determination shall be performed during the consultation. The parent or guardian must submit to the coalition or its qualified contractor the documentation of the child’s age and residence required by OEL File 504.01. Upon determining that a child is eligible for the VPK program, the coalition or its qualified contractor must give the child’s parent or guardian a Certificate of Eligibility (Form AWI-VPK 02), either completed by the coalition or its qualified contractor as a paper form or as an electronically generated and printed form using the Enhanced Field System (EFS).

(4) Parent consultation.—

(a) Except as provided in (4)(b) below, staff of the early learning coalition

or its qualified contractor must perform a face-to-face consultation in person with the parent or guardian of every child that registers for the VPK program. During the consultation, the coalition’s or contractor’s staff shall determine the child’s eligibility for the VPK program. If the child is eligible, the coalition’s or contractor’s staff shall give the parent or guardian profiles of providers or schools in accordance with

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s. 1002.53(5), F.S., describe the available program options, and explain the parent’s or guardian’s rights and responsibilities.

(b) Notwithstanding (4)(a) above, an early learning coalition is not

required to perform an in-person parent consultation for a child if the coalition’s staff or its qualified contractor’s staff previously conducted a face-to-face consultation with the child’s parent or guardian for another early learning program (e.g., school readiness program or program for prekindergarten children with disabilities), the coalition or its contractor maintains the child’s records for the other early learning program, and the coalition or its contractor verifies against those records the completed Form AWI-VPK 01 and supporting documentation submitted by the parent or guardian.

(5) Enrollment.—To complete a child’s enrollment, the private prekindergarten

provider or public school must submit the child’s name and certificate number (from Form AWI-VPK 02) to the coalition or its qualified contractor, associating the child in the Enhanced Field System (EFS) with the provider’s or school’s appropriate VPK prekindergarten class. Each early learning coalition is encouraged, but not required, to notify a parent or guardian by U.S. Mail after the enrollment of his or her child with the provider’ or school’ class is completed in EFS.

Rescinds: OEL-PI-0006-05 (OEL File 510.01)

PLEASE DIRECT QUESTIONS AND COMMENTS TO THE STAFF CONTACT LISTED ABOVE.

**********

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AGENCY FOR WORKFORCE INNOVATION

Office of Early Learning

SUBJECT FILE: 520.01

POLICY NUMBER: OEL-PI-0020-05

UNIT: Program

STAFF CONTACT: Joseph R. Gillespie, (850) 921-3192

ISSUE DATE: June 29, 2005

DEPUTY DIRECTOR: Gladys W. Wilson

Agency for Workforce Innovation • Office of Early Learning 107 East Madison Street, Caldwell Building, MSC 140

Tallahassee, Florida 32399-4120 Phone (850) 921-3180 • Fax (850) 921-3188

OEL policies available at http://www.floridajobs.org/earlylearning/IMPI.html

Subject: Class sizes in the VPK program References: Section 1002.55(3)(e), F.S.1 Section 1002.61(6), F.S. Section 1002.63(7), F.S. Purpose: To establish how the statutory minimum and maximum class sizes are applied in

the VPK program Background: In December 2004, at its 2004 Special Session “A,” the Legislature enacted

House Bill 1-A (ch. 2004-484, L.O.F.), which created the Voluntary Prekindergarten Education (VPK) Program. The bill was approved by the Governor and became effective on January 2, 2005. The VPK law establishes the minimum and maximum number of students for each VPK prekindergarten class, which is displayed in the following table:

School-year program

(540 instructional hours) Summer program

(300 instructional hours) s. 1002.55(3)(e), F.S. s. 1002.63(7), F.S. s. 1002.61(6), F.S.

VPK class size

Private provider Public school Private provider or public school Minimum size 4 students 4 students 4 students Maximum size 18 students 18 students 10 students

The VPK law does not address whether children other than VPK students may be taught as part of a VPK prekindergarten class (i.e., blended classes), nor does the law specify, if blended classes are permitted, how Non-VPK students are counted for purposes of the minimum and maximum VPK class sizes.

Although the VPK law provides a minimum and maximum number of students for each prekindergarten class, the law does not define the term “prekindergarten class” but specifies that each class must have a prekindergarten instructor.2 The

1 All citations to sections in part V of ch. 1002, F.S. (ss. 1002.51-1002.79, F.S.) were created by s. 1, ch. 2004-484, L.O.F. 2 Sections 1002.55(3)(e) and 1002.63(7), F.S., specify that, in the school-year program (540 instructional hours), prekindergarten classes composed of 11 or more students must have a second adult instructor.

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VPK law does not govern a provider’s or school’s facilities, nor does it specify whether prekindergarten classes must be physically separated.

Instructions: (1) Blended classes.—A private prekindergarten provider or public school may

organize its VPK classes as blended classes, teaching students enrolled in the VPK program together with children who are not enrolled in the program. A blended class may include children of any age; however, these multi-age arrangements must not interfere with the provider’s or school’s obligation to deliver 540 hours (school-year program) or 300 hours (summer program) of developmentally appropriate instruction for students in the VPK program.

(a) Minimum class size.—Each VPK class must be composed of at least

four students enrolled in the VPK program. Non-VPK students may not be counted toward this four-student minimum. To receive the initial advance payment for a VPK class, at least four VPK students must be enrolled for the class. A provider or school does not violate the minimum class size if fewer than four VPK students attend on a particular day.

After the initial advance payment for a class, the provider or school

does not violate the minimum class size if fewer than four VPK students remain enrolled for the class (e.g., withdrawals). However, if a VPK student’s class is composed of four or fewer VPK students, the provider or school may not dismiss the student unless:

1. The provider or school documents in writing the student’s

noncompliance with the applicable conduct or attendance policies of the provider or school district; and

2. The provider or school submits the documentation to the early

learning coalition or the coalition’s designee not more than 3 business days after the student is dismissed.

(b) Maximum class size.—Each VPK class must not exceed 18 students

(school-year program) or 10 students (summer program). Both VPK students and Non-VPK students are counted toward the 18-student and 10-student maximums. A VPK class may not exceed—either in enrollment or a particular day’s attendance—the maximum class size.

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The following table displays how the minimum and maximum class sizes are counted for blended VPK classes:

School-year program

(540 instructional hours) Summer program

(300 instructional hours) Blended class size

Private provider Public school Private provider or public school Minimum size 4 VPK students 4 VPK students 4 VPK students Maximum size 18 total students

(combination of VPK and Non-VPK students)

18 total students (combination of VPK and Non-VPK students)

10 total students (combination of VPK and Non-VPK students)

(2) Multi-class groups.—A provider or school may teach two or more VPK

classes as one group in a single classroom. However, this program instruction does not authorize a provider or school to exceed any staff-to-children ratio, square footage per child, or other state or local requirements. Each VPK class within a multi-class group:

(a) May not exceed 18 students (school-year program) or 10 students

(summer program); (b) Must have a prekindergarten instructor for each class; and (c) If the class has 11 or more students, must have a second adult

instructor.

PLEASE DIRECT QUESTIONS AND COMMENTS TO THE STAFF CONTACT LISTED ABOVE. **********

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AGENCY FOR WORKFORCE INNOVATION

Office of Early Learning

SUBJECT FILE: 508.04

POLICY NUMBER: OEL-PI-0021-05

UNIT: Program

STAFF CONTACT: Lisa L. Barnes, (850) 921-3171

ISSUE DATE: July 7, 2005

DEPUTY DIRECTOR: Gladys W. Wilson

Agency for Workforce Innovation • Office of Early Learning 107 East Madison Street, Caldwell Building, MSC 140

Tallahassee, Florida 32399-4120 Phone (850) 921-3180 • Fax (850) 921-3188

OEL policies available at http://www.floridajobs.org/earlylearning/IMPI.html

POLICY SUMMARY Subject: Statewide provider agreement for the VPK program Summary: Private prekindergarten providers and public schools must execute a

provider agreement with the early learning coalition before receiving payment under the VPK program. The agreement must have identical terms and conditions to a statewide form, except that amendments to the form may be approved by the Office of Early Learning. This policy adopts the statewide form for the provider agreement.

This policy revises the statewide form for the provider agreement,

specifies that witnesses and notarization of signatures are optional, specifies that the coalition must be a party to an agreement, and clarifies who may sign an agreement as the coalition’s authorized representative.

THIS POLICY SUMMARY IS UNOFFICIAL AND DOES NOT SUPERSEDE OR REPLACE PROVISIONS OF

THE DETAILED POLICY. SEE THE POLICY DETAIL FOR THE FULL EXPRESSION OF THIS POLICY. **********

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AGENCY FOR WORKFORCE INNOVATION

Office of Early Learning

SUBJECT FILE: 508.04

POLICY NUMBER: OEL-PI-0021-05

UNIT: Program

STAFF CONTACT: Lisa L. Barnes, (850) 921-3171

ISSUE DATE: July 7, 2005

DEPUTY DIRECTOR: Gladys W. Wilson

Agency for Workforce Innovation • Office of Early Learning 107 East Madison Street, Caldwell Building, MSC 140

Tallahassee, Florida 32399-4120 Phone (850) 921-3180 • Fax (850) 921-3188

OEL policies available at http://www.floridajobs.org/earlylearning/IMPI.html

POLICY DETAIL Subject: Statewide provider agreement for the VPK program References: Section 1002.55(3)(g), F.S.1 Section 1002.61(7)(a), F.S. Section 1002.63(8)(a), F.S. Section 1002.75, F.S. Purpose: To provide instructions to coalitions concerning the provider agreement for the

VPK program This program instruction replaces OEL-PI-0017-05. Background: In December 2004, at its 2004 Special Session “A,” the Legislature enacted

House Bill 1-A (ch. 2004-484, L.O.F.), which created the Voluntary Prekindergarten Education (VPK) Program. The VPK law was approved by the Governor and became effective on January 2, 2005. The law provides that every provider must “register with the early learning coalition on forms prescribed by the Agency for Workforce Innovation” for both the school-year and summer program.2 The law also gives the Agency for Workforce Innovation the responsibility to “administer the operational requirements of the Voluntary Prekindergarten Education Program at the state level” and to “adopt procedures governing the administration of the Voluntary Prekindergarten Education Program.”3

Instructions: The Agency for Workforce Innovation has prescribed the use of a provider

agreement by early learning coalitions for registering private prekindergarten providers and public schools to deliver the VPK program. Each early learning coalition shall implement the following procedures:

1 All citations to sections in part V of ch. 1002, F.S. were created by s. 1, ch. 2004-484, L.O.F. 2 Sections 1002.55(3)(g), 1002.61(7)(a), and 1002.63(8)(a), F.S. 3 Section 1002.75(1) and (2), F.S.

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(1) Agreement required.—As part of the registration process for the VPK program, the coalition shall require each provider or school to execute a provider agreement with the coalition. The coalition must execute agreements with the identical terms and conditions as Form AWI-VPK 20, and may not alter, delete or change the terms and conditions, except as provided in (5) below.

(2) Coalition required as party to agreement; authorized representatives.—

Either the coalition’s executive director or an authorized representative of the coalition must execute each provider agreement on behalf of the coalition. If an early learning coalition designates an authorized representative, the designation must be in writing and dated. The coalition must remain a party to each provider agreement. This paragraph does not prohibit a coalition from designating an employee of one of its contractors as the coalition’s authorized representative.

(3) Funding.—A coalition may not submit a provider’s or school’s enrollment

to the Agency for Workforce Innovation for purposes of payment for services under the VPK program unless the provider or school has executed the provider agreement and the agreement is received by the coalition. In addition, a provider or school must not be paid for services delivered before the executed agreement is submitted to the coalition.

(4) Witnesses and notarization.—Either party to the provider agreement, the

coalition or the provider or school, may elect to execute the agreement in the presence of witnesses or may have the party’s signature notarized. However, the presence of witnesses and the notarization of a party’s signature are optional for each party and are not required by this program instruction.

(5) Amendments.—Each amendment to the provider agreement

(Form AWI-VPK 20) must be provided in writing, dated, and signed by both the coalition and the provider or school. Each amendment must also be approved by the Agency for Workforce Innovation, Office of Early Learning, before the agreement is executed.

(6) Prior version of agreement.—If, before the issuance of this program

instruction, a coalition and a provider or school have executed a provider agreement using the prior version of Form AWI-VPK 20 (version date 06/15/2005), the agreement remains valid and effective, and a new agreement is not necessary. Provider agreements executed after the issuance of this program instruction must have identical terms and conditions as Form AWI-VPK 20 (version date 07/07/2005).

Attachment: Form AWI-VPK 20 (2005-2006 Statewide Provider Agreement)

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Replaces: This program instruction replaces, and makes the following substantial changes to, OEL-PI-0017-05:

• Specifies that witnesses and notarization of a party’s signature are optional. • Revises provisions of the provider agreement relating to the monitoring of

providers and schools to clarify that coalition authority is limited to verifying compliance with VPK program requirements.

• Adds provisions to the provider agreement concerning federal prohibitions against Head Start programs substituting for comparable services and against Title I funds supplanting non-federal funds.

• Specifies that agreements issued using the prior version of Form AWI-VPK 20 remain effective.

History: Original.—OEL-PI-0017-05 (June 15, 2005). Revised.—OEL-PI-0021-05 (July 7,

2005).

PLEASE DIRECT QUESTIONS AND COMMENTS TO THE STAFF CONTACT LISTED ABOVE. **********

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STATE OF FLORIDA VOLUNTARY PREKINDERGARTEN EDUCATION

PROGRAM 2005-2006 STATEWIDE PROVIDER AGREEMENT

Form 2005-2006 Statewide Provider AgreementAWI-VPK 20 (07/07/2005) PAGE 1 OF 7

I. PARTIES 1. THIS AGREEMENT is made and entered into this __________ day of _________________________, 2005, by and

between the Early Learning Coalition of __________________________________________________, with its principal offices located at __________________________________________________ (hereinafter referred to as “COALITION”) and __________________________________________________, with its principal offices located at __________________________________________________ (hereinafter referred to as “PROVIDER”).

II. RECITALS 2. In 2002, the electors of Florida approved Section 1(b) and (c), Article IX of the State Constitution, which required the

Legislature to establish, by the 2005 school year, an early childhood development and education program for every 4-year-old child in the state. The State Constitution requires this prekindergarten program to be voluntary, high quality, free, and delivered according to professionally accepted standards.

3. In December 2004, the Legislature enacted House Bill 1-A (chapter 2004-484, Laws of Florida), which created the Voluntary

Prekindergarten Education (VPK) Program. The bill was approved by the Governor and became effective on January 2, 2005. The VPK program is available to “[e]ach child who resides in this state who will have attained the age of 4 years on or before September 1 of the school year” (section 1002.53(2), Florida Statutes).

4. The Legislature directed the Agency for Workforce Innovation to administer the operational requirements of the VPK program

at the state level and to adopt procedures governing the local administration of the VPK program by Early Learning Coalitions and school districts.

5. The Agency for Workforce Innovation has prescribed use of this Agreement by Early Learning Coalitions for registering private

prekindergarten providers and public schools to deliver the VPK program. 6. The COALITION and the PROVIDER understand that there may be a need to revise the terms and conditions of this

Agreement in the event of any legislative or funding changes. III. PROVIDER ELIGIBILITY 7. The PROVIDER certifies that it has registered with the COALITION by completing and submitting to the COALITION or its

designee the Statewide Provider Registration Application (Form AWI-VPK 10) and Class Registration Application (Form AWI-VPK 11). If any information submitted in any of these applications changes, the PROVIDER agrees to notify the COALITION or its designee immediately of the change.

8. The COALITION has reviewed the applications submitted by the PROVIDER (see Paragraph 7) and, based on the information

submitted, has determined that the PROVIDER is eligible to deliver the VPK program. 9. Although the COALITION has determined that the PROVIDER is eligible to deliver the VPK program, the PROVIDER

understands that the COALITION has an ongoing duty to verify the PROVIDER’s compliance with the Florida Statutes, state rules, and procedures of the COALITION and the Agency for Workforce Innovation.

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IV. PROGRAM REQUIREMENTS 10. The PROVIDER agrees to meet all requirements of the VPK program which are set forth in the Florida Statutes, state rules,

and procedures of the COALITION and the Agency for Workforce Innovation, including, but not limited to, standards relating to instructional hours; credentials, training, and background screenings of prekindergarten instructors; minimum and maximum VPK prekindergarten class sizes; and developmentally appropriate curriculum.

11. The PROVIDER agrees to deliver one or both of the following programs:

a. A school-year program of at least 540 instructional hours under section 1002.55, Florida Statutes, or section 1002.63, Florida Statutes, for which each of the PROVIDER’s VPK prekindergarten classes shall be composed of a minimum of four students (except as authorized by the Agency for Workforce Innovation’s procedures) but not more than a maximum of 18 students.

b. A summer program of at least 300 instructional hours under section 1002.61, Florida Statutes, for which each of the PROVIDER’s VPK prekindergarten classes shall be composed of a minimum of four students (except as authorized by the Agency for Workforce Innovation’s procedures) but not more than a maximum of 10 students.

12. The PROVIDER understands that it may organize its VPK prekindergarten classes to combine VPK students and

non-VPK students (i.e., blended classes). If the PROVIDER organizes a prekindergarten class that combines VPK students and non-VPK students, the PROVIDER agrees that the class shall not exceed the total number of students permitted by Paragraph 11, counting both VPK students and non-VPK students.

13. The PROVIDER certifies, in accordance with section 1002.67(2)(b), Florida Statutes, that it shall use curricula to deliver the

VPK program which: a. Are developmentally appropriate; b. Are designed to prepare students for early literacy;

c. Enhance the age-appropriate progress of students in attaining each of the performance standards adopted by the Florida Department of Education (see http://www.myfloridaeducation.com/earlylearning/); and

d. Prepare students to be ready for kindergarten. 14. The PROVIDER agrees that, if it is licensed under sections 402.301-402.319, Florida Statutes, and the VPK program

requirements are more stringent than a staff-to-children ratio, square footage per child, or other requirement imposed under sections 402.301-402.319, Florida Statutes, the PROVIDER shall comply with the VPK program requirements. The PROVIDER further agrees, however, that it shall not violate any requirement imposed under sections 402.301-402.319, Florida Statutes.

15. If the PROVIDER is accredited by an accrediting association that is recognized under the Gold Seal Quality Care program

pursuant to section 402.281, Florida Statutes, or is accredited by an accrediting association that is a member of the National Council for Private School Accreditation, the Commission on International and Trans-Regional Accreditation, or the Florida Association of Academic Nonpublic Schools pursuant to section 1002.55(3)(b)1., Florida Statutes, the PROVIDER agrees that it shall comply with the accrediting association’s accreditation standards.

16. The PROVIDER agrees that the prekindergarten instructor(s) for each of its VPK prekindergarten classes must:

a. Be of good moral character; b. Have been background screened using the Level 2 screening standards in section 435.04, Florida Statutes, within

the past 5 years; c. Be permitted to be employed under section 435.06, Florida Statutes; and d. Not be ineligible to teach in a public school because his or her educator certificate is suspended or revoked.

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17. The PROVIDER agrees that each of its VPK prekindergarten classes in a school-year (540 instructional hours) program under section 1002.55, Florida Statutes, or section 1002.63, Florida Statutes, if applicable, shall have for each class at least one of the following instructors:

a. A prekindergarten instructor who: i. Holds a child development associate (CDA) credential issued by the National Credentialing Program of the

Council for Professional Recognition or a credential approved by the Florida Department of Children and Family Services under section 1002.55(3)(c)1.b., Florida Statutes, as being equivalent to the national CDA credential; and

ii. Has completed a training course approved by the Florida Department of Education under section 1002.59, Florida Statutes, in emergent literacy (if completed on or after October 1, 2005) or has completed training approved by the Florida Department of Children and Family Services under section 402.305(2)(d)5., Florida Statutes, section 402.316(6), Florida Statutes, or section 402.3131(5), Florida Statutes, in early literacy and language development (if completed before October 1, 2005); or

b. A prekindergarten instructor who holds one of the educational credentials (i.e., associate’s or higher degree) listed in section 1002.55(4), Florida Statutes, or an educational credential approved by the Florida Department of Education under section 1002.55(4)(e), Florida Statutes, as being equivalent to or greater than those educational credentials.

In addition, the PROVIDER agrees that, for each VPK prekindergarten class composed of 11 or more students (see Paragraph 11), the PROVIDER shall have a second adult prekindergarten instructor who meets the requirements provided in Paragraph 16 but who is not required to have the credentials or training required in this paragraph.

18. The PROVIDER agrees that each of its VPK prekindergarten classes in the summer (300 instructional hours) program under

section 1002.61, Florida Statutes, if applicable, shall have for each class at least one prekindergarten instructor who: a. Is a certified teacher; or b. Holds one of the educational credentials (i.e., bachelor’s or higher degree) listed in section 1002.55(4)(a) or (b),

Florida Statutes. V. PROGRAM PERFORMANCE AND PROBATION 19. The PROVIDER understands that, in accordance with section 1002.69(5), Florida Statutes, the Florida Department of

Education shall annually calculate each provider’s kindergarten readiness rate, expressed as the percentage of VPK students who are assessed as ready for kindergarten. The kindergarten readiness rate shall be based exclusively on the results of the statewide kindergarten screening for students completing the VPK program.

20. The PROVIDER understands that, in accordance with section 1002.67(3)(c)1., Florida Statutes, if the PROVIDER’s

kindergarten readiness rate falls below the minimum rate adopted by the State Board of Education as satisfactory, the PROVIDER is required to submit for approval, and implement, an improvement plan.

21. The PROVIDER understands that, in accordance with section 1002.67(3)(c)2., Florida Statutes, if the PROVIDER’s

kindergarten readiness rate falls below the minimum satisfactory rate for 2 consecutive years, the PROVIDER shall be placed on probation and be required to take certain corrective actions for the VPK program, including, but not limited to, the use of a curriculum approved by the Florida Department of Education.

VI. STUDENT ELIGIBILITY AND ENROLLMENT 22. The PROVIDER understands that the COALITION or its designee shall determine the eligibility of children for enrollment in the

VPK Program and shall issue to each eligible child a Certificate of Eligibility (Form AWI-VPK 02). The PROVIDER agrees that it shall not admit a child in the VPK program unless the child has been determined eligible for the program by the COALITION or its designee.

23. The PROVIDER understands that each child’s parent or guardian is responsible for finding an eligible private prekindergarten

provider or public school to admit the child in the VPK program and that the COALITION shall not assign children to providers or schools.

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24. The PROVIDER agrees that, upon deciding to admit a child in the VPK program, the PROVIDER shall notify the COALITION

or its designee of the enrollment in accordance with procedures of the COALITION and the Agency for Workforce Innovation. The PROVIDER understands that it shall not be paid for a student who is not enrolled with the COALITION.

25. The PROVIDER understands that it may deliver the VPK program for students who reside in a county other than the county

where the PROVIDER is located. 26. The PROVIDER agrees to follow the Agency for Workforce Innovation’s procedures for delayed enrollments (i.e., enrolling a

student in the VPK program after part of the program instruction has been delivered for other students in the student’s VPK prekindergarten class).

VII. STUDENT ATTENDANCE AND DISCIPLINE 27. The PROVIDER agrees that, in accordance with section 1002.71(6)(a), Florida Statutes, the PROVIDER shall provide a copy

of its attendance policy in writing to the parent or guardian of each child upon enrollment of the child in the VPK program. 28. The PROVIDER agrees that, if it removes (e.g., dismisses) a student from the VPK program, the PROVIDER shall

immediately submit to the COALITION or its designee documentation specifying reasons for removing the student from the program. The PROVIDER understands that, until the PROVIDER submits to the COALITION or its designee documentation specifying reasons for removing the student, the COALITION may withhold payment of funds for all students that the PROVIDER serves in the VPK program.

29. The PROVIDER agrees to document, in accordance with procedures of the COALITION and the Agency for Workforce

Innovation, the daily attendance of each student enrolled with the PROVIDER in the VPK program. 30. The PROVIDER understands that, in accordance with section 1002.71(6)(b)2., Florida Statutes, the parent or guardian of

each student in the VPK program must verify, each month, the student’s attendance on the prior month’s certified student attendance. The PROVIDER agrees, in accordance with procedures of the COALITION and the Agency for Workforce Innovation, to collect from each student’s parent or guardian Form AWI-VPK 03 (Student Attendance and Parental Choice Certificate) signed by the parent or guardian. The PROVIDER agrees to keep each original signed form for at least 2 years.

VIII. NONDISCRIMINATION 31. The PROVIDER understands that, in accordance with section 1002.53(6)(c), Florida Statutes, the PROVIDER may not

discriminate against a parent or child, including the refusal to admit a child for enrollment in the VPK program, on the ground of race, color, or national origin.

32. The PROVIDER understands that, in accordance with section 1002.71(8)(a), Florida Statutes, the PROVIDER may not require

payment of a fee or charge for services provided for a child in the VPK program during instructional hours reported for funding. 33. The PROVIDER understands that, in accordance with section 1002.71(8)(b), Florida Statutes, the PROVIDER may not require

a child to enroll for, or require the payment of any fee or charge for, supplemental services (e.g., “extended-day,” “extended-year,” “wrap-around,” or “full-day” services) as a condition of admitting the child into the VPK program.

IX. COMPENSATION / FUNDING 34. The PROVIDER understands that, in accordance with section 1002.71(5)(b), Florida Statutes, the PROVIDER shall receive an

advance payment each month based on the PROVIDER’s student enrollment in the VPK program. The PROVIDER further understands that advance payments shall be reconciled and adjusted based on actual student attendance in the program in accordance with the Agency for Workforce Innovation’s uniform attendance policy.

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35. The PROVIDER agrees that, if the end-of-year reconciliation results in a deficiency, the Agency for Workforce Innovation has authority to withhold funds from the following year’s payments to cover the deficiency. If the PROVIDER ceases to deliver the VPK program, the PROVIDER agrees to return the deficient funds. If the PROVIDER fails to return the deficient funds, the PROVIDER agrees that the Agency for Workforce Innovation has authority to refer the matter to a collection agency.

36. The PROVIDER understands that, in accordance with section 1002.71, Florida Statutes, payments for a student shall not

exceed funding for one full-time equivalent student. The PROVIDER further understands that, in accordance with section 1002.71(3)(b), a full-time equivalent student is calculated annually by multiplying the base student allocation provided in the General Appropriations Act by the county’s district cost differential provided in section 1011.62(2), Florida Statutes.

37. The PROVIDER agrees to follow all payment procedures adopted by the COALITION and the Agency for Workforce

Innovation. 38. The PROVIDER agrees to return any funds received as a result of error or overpayment. 39. If the PROVIDER is a Head Start Agency, the PROVIDER understands that, in accordance with federal law, the PROVIDER’s

Head Start programs must be “in addition to, and not in substitution for, comparable services previously provided without Federal assistance” (Title 42, United States Code, section 9835(c)).

40. If the PROVIDER receives federal funds under Title 20, United States Code, sections 6311-6322 (Title I), the PROVIDER

understands that, in accordance with federal law, the PROVIDER may “use[ those Title I] Federal funds to supplement, [but] not [to] supplant non-Federal funds” (Title 20, United States Code, section 6314(a)(3)(B)).

X. MAINTENANCE OF RECORDS / CONFIDENTIALITY 41. The PROVIDER agrees that it shall keep all VPK records of a child for at least 3 years after the child’s last day of attendance

(except as required by the Agency for Workforce Innovation’s procedures) or, to the extent required, in accordance with the retention schedules and disposal process adopted under section 119.021(2), Florida Statutes, whichever is greater.

42. The PROVIDER understands that, in accordance with section 1002.72, Florida Statutes, records of children enrolled in the

VPK program are confidential. The PROVIDER agrees to keep all VPK records confidential and disclose the records only in accordance with law. The PROVIDER understands that the Florida Public Records Act (chapter 119, Florida Statutes), and other applicable laws, govern disclosure of any confidential information received by the State of Florida, the Agency for Workforce Innovation, or the COALITION.

43. The PROVIDER understands that a parent of a VPK student has the right to inspect and review the individual record of his or

her child and obtain a copy of the record. XI. COMPLIANCE VERIFICATION 44. The PROVIDER agrees to permit the COALITION or its designee, or the Agency for Workforce Innovation, at any reasonable

time, to enter the PROVIDER’s VPK program site to verify the PROVIDER’s compliance with this Agreement and with the requirements of the VPK program as set forth in the Florida Statutes, state rules, and procedures of the COALITION and the Agency for Workforce Innovation. This paragraph does not authorize the COALITION to enforce licensing requirements under sections 402.301-402.319, Florida Statutes, or impose any requirement beyond this Agreement and the requirements of the VPK program as set forth in the Florida Statutes, state rules, and procedures.

45. The PROVIDER agrees to allow the COALITION or its designee, or the Agency for Workforce Innovation, to inspect and copy

the records maintained by the PROVIDER concerning the VPK program and VPK students.

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XII. TERM OF AGREEMENT 46. This Agreement applies to the 2005-2006 VPK program, including the 2005-2006 school year and summer 2006. This

Agreement takes effect on the date set forth in Paragraph 1 and expires upon completion of all of the PROVIDER’s VPK programs (i.e., school-year program, summer program, or both programs) or August 31, 2006, whichever occurs first.

47. The PROVIDER must complete and sign a new agreement each subsequent program year to remain eligible to deliver the

VPK program. XIII. TERMINATION 48. The PROVIDER and the COALITION may agree to terminate this Agreement by mutual agreement. Notice of termination

must be given, and alternative arrangements for uninterrupted services shall be made for students enrolled with the PROVIDER in the VPK program, at least 30 calendar days before the termination date.

49. If the PROVIDER withdraws as a provider from the VPK program, the PROVIDER must give notice to the COALITION or its

designee, and alternative arrangements for uninterrupted services shall be made for students enrolled with the PROVIDER in the VPK program, at least 30 calendar days before the termination date.

50. If the PROVIDER fails to comply with all terms or conditions of this Agreement or with all requirements of the VPK program as

set forth in the Florida Statutes, state rules, and procedures of the COALITION and the Agency for Workforce Innovation, the COALITION shall notify the PROVIDER in writing and give the PROVIDER a period of at least 10 business days to comply. If the PROVIDER does not comply within the period given, the COALITION may terminate this Agreement.

51. If funds required to finance this Agreement become unavailable, the COALITION may terminate this Agreement with prior

written notice of at least 24 hours before termination. This notice of termination due to lack of funds must be delivered in person with proof of delivery or by certified mail with return receipt requested. The COALITION is the final authority as to the availability of funds. The COALITION shall not reallocate funds earmarked for this Agreement to another program, thereby causing the “lack of funds.” In the event of termination of this Agreement, the PROVIDER shall be paid for the instructional hours completed through the termination date.

52. Any obligation for payment under this Agreement is contingent upon an annual appropriation by the Legislature. If the funds

upon which this Agreement depends are withdrawn or redirected, the Agreement is terminated and the COALITION shall have no further liability to the PROVIDER beyond payment for the instructional hours completed through the termination date.

XIV. DISPUTE RESOLUTION 53. The PROVIDER agrees to submit any disputes or disagreements concerning this Agreement in writing to the COALITION or

its designee. The COALITION agrees to respond to the dispute or disagreement within 10 business days after receiving the dispute or disagreement. If the PROVIDER is dissatisfied with the response, the COALITION agrees to allow the PROVIDER to bring the dispute or disagreement before the membership of the COALITION for a final decision.

XV. SEVERABILITY 54. If any provision of this Agreement is held to be unenforceable by a Court of competent jurisdiction, the remaining terms and

conditions remain in full force and effect. XVI. AMENDMENTS 55. An amendment shall not be made a part of this Agreement unless the amendment is provided in writing, signed by both the

COALITION and the PROVIDER, and approved in writing by the Agency for Workforce Innovation.

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The PROVIDER has caused this Agreement to be executed as of the date set forth in Paragraph 1. Signature of Director / Operator / Principal Print Name or Authorized Representative Title Date O

PT

ION

AL

STATE OF FLORIDA COUNTY OF ____________________ THE FOREGOING was acknowledged before me this __________day of _________________________, 2005, by ________________________________________, who is personally known to me/presented ______________________________ as identification, and who did not take an oath. WITNESS my hand and official seal in the County and State set forth above. NOTARY PUBLIC

The COALITION has caused this Agreement to be executed as of the date set forth in Paragraph 1. Signature of Coalition Executive Director Print Name or Authorized Representative Title Date O

PT

ION

AL

STATE OF FLORIDA COUNTY OF ____________________ THE FOREGOING was acknowledged before me this __________day of _________________________, 2005, by ________________________________________, who is personally known to me/presented ______________________________ as identification, and who did not take an oath. WITNESS my hand and official seal in the County and State set forth above. NOTARY PUBLIC

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AGENCY FOR WORKFORCE INNOVATION

Office of Early Learning

SUBJECT FILE: 510.025

POLICY NUMBER: OEL-PI-0026-05

UNIT: Program

STAFF CONTACT: Lisa L. Barnes, (850) 921-3171

ISSUE DATE: August 5, 2005

DEPUTY DIRECTOR: Gladys W. Wilson

Agency for Workforce Innovation • Office of Early Learning 107 East Madison Street, Caldwell Building, MSC 140

Tallahassee, Florida 32399-4120 Phone (850) 921-3180 • Fax (850) 921-3188 • TTY/Florida Relay 711

OEL policies available at http://www.floridajobs.org/earlylearning/IMPI.html

Subject: Enrolling a child in the VPK program with a provider or school in a county other than where the child resides

Summary: This program instruction authorizes a child to be enrolled in the VPK program

with a private prekindergarten provider or public school located in a county other than the county where the child resides. This program instruction does not supersede other policies allowing a provider or school to limit its admissions of children residing in counties other than the county where the provider or school is located. This program instruction clarifies that children enrolling in the VPK program with a provider or school must be registered with, and enrolled by, the early learning coalition serving the county in which the provider or school is located. This program instruction also provides guidance for the transfer between coalitions of children registered with the inappropriate coalition.

References: Section 411.01(5)(c)1.e., F.S.

Section 1002.53(2), F.S. Section 1002.53(4)(a), F.S. Purpose: To provide program instructions for the enrollment of a child in the VPK program

with a provider or school located in a county other than the county where the child resides

Background: The VPK law (ss.1002.5-1002.79, F.S.) specifies that “[e]ach child who resides in

this state who will have attained the age of 4 years on or before September 1 of the school year is eligible for the [VPK p]rogram during that school year” (s. 1002.53(2), F.S. (emphasis added)). Although the VPK law requires an eligible child to reside in Florida, the VPK law does not prohibit a child from being enrolled in the VPK program with a private prekindergarten provider or public school that is located in a Florida county other than the Florida county where the child resides.

Further, the VPK law does not require nor prohibit a provider or school to admit

children who reside in a county other than the county where the provider or school is located.

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The VPK law requires each early learning coalition to administer the VPK program at the county or regional level (ss. 1002.55(1) and 1002.61(1)(b), F.S.). In addition, the VPK law requires each coalition to maintain through its “single point of entry” a current database of students enrolled in the VPK program for each county served by the coalition (s. 1002.53(4)(a), F.S.).

The VPK law defines the term “single point of entry” to mean an integrated

information system that allows a parent to enroll his or her child in early learning programs at various locations throughout the counties within the coalition’s geographic region (s. 411.01(5)(c)1.e., F.S.). The law directs the Agency for Workforce Innovation to establish a single statewide information system that integrates each coalition’s single point of entry, and the law requires each coalition to use the statewide system (id.). The Agency for Workforce Innovation has designated the Enhanced Field System (EFS) as this statewide system.

The Enhanced Field System is a distributed relational database, consisting of sets

of tables and other objects that are spread across multiple independent but interconnected computer systems. Because each early learning coalition maintains its own independent computer system, although these systems are interconnected, a coalition cannot record the enrollment of a child for the VPK program in the computer system of another coalition. The purpose of this program instruction, given these system limitations, is to specify which coalition is responsible for the enrollment of a child who is enrolled in the VPK program with a provider or school that is located in a county other than the county where the child resides.

Instructions: (1) Enrollment permitted in a county other than where the child resides.—

(a) An early learning coalition may not prohibit a private prekindergarten provider or public school from enrolling an eligible child in the VPK program on the ground that the child resides in a Florida county other than the Florida county where the provider or school is located.

(b) This program instruction does not supersede a provider’s or school’s

authority, after a parent has chosen the provider or school, to establish and use admissions criteria governing how the private prekindergarten provider determines whether to admit the child, or how a school district limits the number of children admitted by a particular public school, in accordance with OEL File 504.02.

(2) Enrollment required with the early learning coalition serving the

provider’s or school’s county.— (a) A child must be registered and enrolled for the VPK program with the

early learning coalition serving the county within the coalition’s geographic region in which the provider or school is located, regardless in which county the child resides.

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(b) If a child is registered for the VPK program in a county served by one coalition but ultimately is admitted into the program by a provider or school located in a county within another coalition’s geographic region, the parent must re-register and enroll the child with the coalition serving the county within the coalition’s geographic region in which the provider or school is located.

(c) Re-registration of a child is ultimately the parent’s responsibility. In

order to facilitate the re-registration, each early learning coalition is authorized to enter into agreements with other coalitions to provide for the transfer of a child’s registration application and supporting documentation to the appropriate coalition. If a coalition performs the face-to-face parent consultation for a child in accordance with OEL File 510.02, but subsequently transfers the child’s registration to another coalition, the coalition receiving the transferred registration is not required to repeat the face-to-face consultation.

(3) Additional coalition duties.—Each early learning coalition shall perform the

following duties relating to the VPK program for private prekindergarten providers and public schools that are located only in a county within the coalition’s geographic region:

(a) Registering, and determining the eligibility of, providers and schools

to deliver the VPK program. (b) Verifying the compliance (i.e., monitoring) of providers and schools

with VPK program requirements. (c) Paying providers and schools for the VPK program and reconciling

advance payments.

PLEASE DIRECT QUESTIONS AND COMMENTS TO THE STAFF CONTACT LISTED ABOVE. **********

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AGENCY FOR WORKFORCE INNOVATION

Office of Early Learning

SUBJECT FILE: 510.025

POLICY NUMBER: OEL-PI-0026-05

UNIT: Program

STAFF CONTACT: Lisa L. Barnes, (850) 921-3171

ISSUE DATE: August 5, 2005

DEPUTY DIRECTOR: Gladys W. Wilson

Agency for Workforce Innovation • Office of Early Learning 107 East Madison Street, Caldwell Building, MSC 140

Tallahassee, Florida 32399-4120 Phone (850) 921-3180 • Fax (850) 921-3188 • TTY/Florida Relay 711

OEL policies available at http://www.floridajobs.org/earlylearning/IMPI.html

Subject: Enrolling a child in the VPK program with a provider or school in a county other than where the child resides

Summary: This program instruction authorizes a child to be enrolled in the VPK program

with a private prekindergarten provider or public school located in a county other than the county where the child resides. This program instruction does not supersede other policies allowing a provider or school to limit its admissions of children residing in counties other than the county where the provider or school is located. This program instruction clarifies that children enrolling in the VPK program with a provider or school must be registered with, and enrolled by, the early learning coalition serving the county in which the provider or school is located. This program instruction also provides guidance for the transfer between coalitions of children registered with the inappropriate coalition.

References: Section 411.01(5)(c)1.e., F.S.

Section 1002.53(2), F.S. Section 1002.53(4)(a), F.S. Purpose: To provide program instructions for the enrollment of a child in the VPK program

with a provider or school located in a county other than the county where the child resides

Background: The VPK law (ss.1002.5-1002.79, F.S.) specifies that “[e]ach child who resides in

this state who will have attained the age of 4 years on or before September 1 of the school year is eligible for the [VPK p]rogram during that school year” (s. 1002.53(2), F.S. (emphasis added)). Although the VPK law requires an eligible child to reside in Florida, the VPK law does not prohibit a child from being enrolled in the VPK program with a private prekindergarten provider or public school that is located in a Florida county other than the Florida county where the child resides.

Further, the VPK law does not require nor prohibit a provider or school to admit

children who reside in a county other than the county where the provider or school is located.

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The VPK law requires each early learning coalition to administer the VPK program at the county or regional level (ss. 1002.55(1) and 1002.61(1)(b), F.S.). In addition, the VPK law requires each coalition to maintain through its “single point of entry” a current database of students enrolled in the VPK program for each county served by the coalition (s. 1002.53(4)(a), F.S.).

The VPK law defines the term “single point of entry” to mean an integrated

information system that allows a parent to enroll his or her child in early learning programs at various locations throughout the counties within the coalition’s geographic region (s. 411.01(5)(c)1.e., F.S.). The law directs the Agency for Workforce Innovation to establish a single statewide information system that integrates each coalition’s single point of entry, and the law requires each coalition to use the statewide system (id.). The Agency for Workforce Innovation has designated the Enhanced Field System (EFS) as this statewide system.

The Enhanced Field System is a distributed relational database, consisting of sets

of tables and other objects that are spread across multiple independent but interconnected computer systems. Because each early learning coalition maintains its own independent computer system, although these systems are interconnected, a coalition cannot record the enrollment of a child for the VPK program in the computer system of another coalition. The purpose of this program instruction, given these system limitations, is to specify which coalition is responsible for the enrollment of a child who is enrolled in the VPK program with a provider or school that is located in a county other than the county where the child resides.

Instructions: (1) Enrollment permitted in a county other than where the child resides.—

(a) An early learning coalition may not prohibit a private prekindergarten provider or public school from enrolling an eligible child in the VPK program on the ground that the child resides in a Florida county other than the Florida county where the provider or school is located.

(b) This program instruction does not supersede a provider’s or school’s

authority, after a parent has chosen the provider or school, to establish and use admissions criteria governing how the private prekindergarten provider determines whether to admit the child, or how a school district limits the number of children admitted by a particular public school, in accordance with OEL File 504.02.

(2) Enrollment required with the early learning coalition serving the

provider’s or school’s county.— (a) A child must be registered and enrolled for the VPK program with the

early learning coalition serving the county within the coalition’s geographic region in which the provider or school is located, regardless in which county the child resides.

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(b) If a child is registered for the VPK program in a county served by one coalition but ultimately is admitted into the program by a provider or school located in a county within another coalition’s geographic region, the parent must re-register and enroll the child with the coalition serving the county within the coalition’s geographic region in which the provider or school is located.

(c) Re-registration of a child is ultimately the parent’s responsibility. In

order to facilitate the re-registration, each early learning coalition is authorized to enter into agreements with other coalitions to provide for the transfer of a child’s registration application and supporting documentation to the appropriate coalition. If a coalition performs the face-to-face parent consultation for a child in accordance with OEL File 510.02, but subsequently transfers the child’s registration to another coalition, the coalition receiving the transferred registration is not required to repeat the face-to-face consultation.

(3) Additional coalition duties.—Each early learning coalition shall perform the

following duties relating to the VPK program for private prekindergarten providers and public schools that are located only in a county within the coalition’s geographic region:

(a) Registering, and determining the eligibility of, providers and schools

to deliver the VPK program. (b) Verifying the compliance (i.e., monitoring) of providers and schools

with VPK program requirements. (c) Paying providers and schools for the VPK program and reconciling

advance payments.

PLEASE DIRECT QUESTIONS AND COMMENTS TO THE STAFF CONTACT LISTED ABOVE. **********

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AGENCY FOR WORKFORCE INNOVATION

Office of Early Learning

SUBJECT FILE: 508.21

POLICY NUMBER: OEL-PI-0027-05

UNIT: Program

STAFF CONTACT: Lisa L. Barnes, (850) 921-3171

ISSUE DATE: August 5, 2005

DEPUTY DIRECTOR: Gladys W. Wilson

Agency for Workforce Innovation • Office of Early Learning 107 East Madison Street, Caldwell Building, MSC 140

Tallahassee, Florida 32399-4120 Phone (850) 921-3180 • Fax (850) 921-3188 • TTY/Florida Relay 711

OEL policies available at http://www.floridajobs.org/earlylearning/IMPI.html

Subject: Prohibition against VPK providers and schools requiring payment of a fee or charge for services provided in the VPK program

Summary: The VPK law prohibits private prekindergarten providers and public schools from

requiring the payment of fees or charges for the VPK program. This program instruction clarifies the VPK law by addressing specific issues confronted by providers and schools. The program instruction authorizes late pick-up fees, dress codes (e.g., uniforms), and required parental involvement in VPK programs. The program instruction prohibits mandatory fees or charges for personal items (e.g., food products) and offsite activities (e.g., field trips). In addition, the program instruction prohibits providers and schools from imposing fees or charges in lieu of parental involvement.

References: Section 1(b), Art. IX of the State Constitution Section 1002.71(8)(a), F.S. Purpose: To provide program guidance whether VPK providers or schools may require the

payment of fees or charges for the VPK program Background: The VPK law (s. 1002.51-1002.79, F.S.) specifies that “a private prekindergarten

provider or public school may not … [r]equire payment of a fee or charge for services provided for a child enrolled in the Voluntary Prekindergarten Education Program during a period reported for funding purposes” (s. 1002.71(8)(a), F.S.).

Moreover, Section 1(b), Art. IX of the State Constitution provides that:

Every four-year old child in Florida shall be provided by the State a high quality pre-kindergarten learning opportunity in the form of an early childhood development and education program which shall be voluntary, high quality, free, and delivered according to professionally accepted standards. … (Emphasis added.)

Instructions: (1) Payment of fees or charges prohibited.—A private prekindergarten

provider or public school may not require a parent or child to pay fees or charges for any part of the VPK program, including, but not limited to, registration fees.

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(2) Late pick-up fees.—A private prekindergarten provider or public school

must notify the parent in writing of scheduled pick-up periods for the VPK program and the fees or charges for late pick up. This notification must be reviewed and signed by the parent. If a parent fails to pick up his or her child from a VPK program before the end of the pick-up period, the additional services provided for the child after the pick-up period are not considered part of the VPK program. A private prekindergarten provider or public school may require payment of fees or charges for late pick up. A provider or school may not assess late pick-up fees or charges for children in the VPK program at rates that exceed the rates assessed for children who are not in the program.

(3) Personal items.—A private prekindergarten provider or public school may

request a parent or child to voluntarily purchase or bring personal items to the VPK program, but may not require a parent or child to purchase or bring the items. These personal items include, but are not limited to, the following items:

(a) Instructional materials or supplies; (b) Food products (e.g., lunch and snacks); (c) Hygiene products (e.g., tissues and soap); or (d) Sporting equipment.

(4) Offsite activities.—A private prekindergarten provider or public school may

request a parent or child to voluntarily pay for the cost of an offsite activity (e.g., field trip) that is conducted away from the provider’s or school’s VPK site, but may not require a parent or child to pay for the cost of the activity.

(5) Dress codes; uniforms.—

(a) As used in this program instruction, the term “dress code” means the policy of a private prekindergarten provider or public school which requires children to wear specific types of clothing (e.g., white tee-shirt and blue shorts) or which requires children to wear particular clothing (i.e., uniforms).

(b) In accordance with s. 1002.53(6), F.S., a parent may enroll his or her

child with any eligible private provider or, subject to available space, with any eligible public school. If a provider or school adopts a dress code, the provider or school must notify the parent in writing of the dress code before delivery of VPK instruction has begun for the child. Thus, if a parent enrolls the child with a provider or school that has a dress code, the parent voluntarily chooses to comply with the dress code.

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(c) A provider’s or school’s dress code is considered a fee or charge for a

child, and is consequently prohibited by the VPK program, if the provider or school:

1. Does not notify the child’s parent in writing of the dress code

before the delivery of VPK instruction has begun for the child; 2. Adopts or changes the dress code after the delivery of

VPK instruction has begun for the child; or 3. Does not require all children attending the provider’s or school’s

programs to comply with the dress code, regardless of whether the children are enrolled in the VPK program.

(6) Parental involvement.—A private prekindergarten provider or public school

may require the personal involvement or participation of parents in the delivery of the VPK program for their children, if the provider or school notifies each child’s parent in writing of its parental involvement policy before the delivery of VPK instruction has begun for the child. As part of its parental involvement policy, a provider or school may require the personal attendance of parents at the provider’s or school’s VPK site for a specified period (i.e., volunteer hours). The provider or school may not, however, require parents to pay fees or charges in lieu of their personal involvement or participation.

(7) Requesting fees or charges.—A private prekindergarten provider or public

school requesting a parent or child to voluntarily pay fees or charges for any part of the VPK program must inform the parent, in writing, that the payment of the fees or charges is voluntary and not a requirement for the child’s participation in the program.

If an early learning coalition, when monitoring private prekindergarten providers for compliance with VPK program requirements, finds that a provider imposes requirements on a parent which are inconsistent with this program instruction, the early learning coalition shall notify the Office of Early Learning.

PLEASE DIRECT QUESTIONS AND COMMENTS TO THE STAFF CONTACT LISTED ABOVE.

**********

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AGENCY FOR WORKFORCE INNOVATION

Office of Early Learning

SUBJECT FILE: 510.03

POLICY NUMBER: OEL-PI-0029-05

ISSUE DATE: September 21, 2005

UNIT: Program

DEPUTY DIRECTOR FOR EARLY LEARNING: Gladys W. Wilson

Agency for Workforce Innovation • Office of Early Learning 107 East Madison Street, Caldwell Building, MSC 140

Tallahassee, Florida 32399-4120 Phone (850) 921-3180 • Fax (850) 921-3188 • TTY/Florida Relay 711

OEL policies available at http://www.floridajobs.org/earlylearning/IMPI.html

Subject: Uniform attendance policy for funding the VPK program Summary: This program instruction adopts the uniform attendance policy for funding the

VPK program. The uniform attendance policy establishes a startup period of 5 instructional days. If a student attends the VPK program during any day of the startup period, the private prekindergarten provider or public school is paid for all five of those instructional days. In addition, beyond the startup period, the uniform attendance policy allows a provider or school to receive payment when a student is absent from the program for up to 15 percent of the instructional days. Further, if a student is absent due to extraordinary circumstances, the provider or school may receive payment for up to 20 percent of the instructional days. For a student who begins attendance in the VPK program after the 5-day startup period (i.e., delayed enrollment), this program instruction allows the provider or school to receive payment for a pro rata share of the authorized absences, based on the number of instructional days remaining when the student begins attendance in the program.

This revised program instruction provides procedures for payment or revision of

the class schedule when a provider or school temporarily closes. Reference: Section 1002.71(6)(a), (c), and (d), F.S. Purpose: To adopt a uniform attendance policy for purposes of funding the VPK program This program instruction replaces OEL-PI-0023-05. Background: The VPK law (ss. 1002.51-1002.79, F.S.) requires the Agency for Workforce

Innovation (AWI) to adopt, for funding purposes, a uniform attendance policy for the VPK program (s. 1002.71(6)(d), F.S.). The VPK law specifies that the attendance policy must apply statewide and apply equally to all private prekindergarten providers and public schools.

Section 1002.71(6)(a), F.S., requires each private prekindergarten provider or

public school, upon enrollment of a child in the VPK program, to provide the child’s parent with a copy of the provider’s or school district’s attendance policy, as applicable. Each parent enrolling his or her child in the VPK program must

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agree to comply with the provider’s or school district’s attendance policy, as applicable. Section 1002.71(6)(c), F.S., authorizes a provider or school district, as applicable, to dismiss a student who does not comply with the provider’s or district’s attendance policy.

Instructions: This program instruction establishes the uniform attendance policy adopted by the

Agency for Workforce Innovation for the VPK program. This attendance policy governs the payment of private prekindergarten providers and public schools for the days that students are absent from the program. Each provider or school delivering the VPK program shall be paid in accordance with this uniform attendance policy, as follows: (1) Definitions.—As used in this program instruction, the term:

(a) “Absent” or “absence” means each instructional day that a student is not in attendance at the VPK program.

(b) “Attend” or “attendance” means each instructional day that a student is present at the VPK program for all or part of that day’s instruction.

(c) “Instructional day” means each calendar day recorded in the statewide information system1 as a day that the provider or school is scheduled to deliver instruction to the student’s VPK prekindergarten class.

(d) “Regular period” means the instructional days of a VPK prekindergarten class which remain after the startup period (e.g., 175 days of 180-day class schedule). The following tables display the number of instructional days in the regular period:

TABLE 1 – Instructional days in regular period

for school-year program (540 instructional hours) Instructional hours

per day Total

instructional days Instructional days in

startup period Instructional days in

regular period 6 90 5 85 5 108 5 103 4 135 5 130 3 180 5 175

TABLE 2 – Instructional days in regular period for summer program (300 instructional hours)

Instructional hours per day

Total instructional days

Instructional days in startup period

Instructional days in regular period

7* 43* 5 38 6 50 5 45 5 60 5 55

*If a summer program is scheduled for 43 instructional days, the program is paid for 6.977 instructional hours per day.

(e) “Startup period” means the first 5 instructional days of a

VPK prekindergarten class. (f) “Student’s attendance period” means the instructional days in the

regular period, counting from the first instructional day that the student

1 The current statewide information system is the Enhanced Field System (EFS).

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attends the program (i.e., instructional days remaining in a VPK prekindergarten class, beginning after the startup period with the first instructional day that the student attends the class). The following tables display examples of instructional days in a student’s attendance period, based on the first instructional day that the student attends the VPK prekindergarten class:

TABLE 3 – Instructional days in student’s attendance period for school-year program on

schedule of 180 instructional days (3 instructional hours per day)

Instructional days in regular period

Student’s first day of attendance in regular period

Instructional days of regular period not

attended before first day

Instructional days in student’s attendance

period

175 6th 5 170 175 11th 10 165 175 21st 20 155 175 31st 30 145

TABLE 4 – Instructional days in regular period for summer program on schedule of 50 instructional days (6 instructional hours per day)

Instructional days in regular period

Student’s first day of attendance in regular period

Instructional days of regular period not

attended before first day

Instructional days in student’s attendance

period

45 6th 5 40 45 11th 10 35 45 21st 20 25

(2) Payment for startup period.—

(a) A provider or school is paid for each of the 5 instructional days of the startup period if a student attends the VPK program for at least 1 instructional day during the startup period. An instructional day that a student does not attend during the startup period is not recorded as an absence for purposes of calculating the student’s cumulative absences under (3) below. However, in accordance with (8) below, a provider or school is not paid for instructional days after the last instructional day that a student attends the VPK program with the provider or school, if, during the startup period, the student subsequently terminates enrollment from the program or reenrolls with another provider or school.

(b) If a student does not attend at least 1 instructional day during the startup period, regardless of when the student enrolls, the provider or school is not paid for the startup period.

(3) Payment for regular period.—

(a) A provider or school is paid for each instructional day that a student attends the VPK program during the regular period (i.e., instructional days remaining after the startup period).

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(b) A provider or school is paid for each instructional day that the student is absent during the regular period until the student’s cumulative absences exceed 15 percent2 of the total instructional days in the student’s attendance period.

(c) The provider or school is also paid, up to an additional 5 percent2 of the total instructional days in the student’s attendance period, for each instructional day that the student is absent from the VPK program due to extraordinary circumstances that are documented in accordance with (4) below.

(d) After a student’s cumulative absences exceed 15 percent2 (or exceed 20 percent2 as a result of extraordinary circumstances) of the total instructional days in the student’s attendance period, the provider or school is not paid for the student’s subsequent absences. The following tables display the maximum number of absences that may be paid during the regular period, based on the number of instructional days in the regular period, and examples of the calculations for a student’s paid absences:

TABLE 5 – Maximum paid absences during regular period

School-year program (540 instructional hours)

Summer program (300 instructional hours)

Maximum paid absences during regular period

Maximum paid absences during regular period Instructional

days in regular period

15 percent of instructional

days in regular period

Including extraordinary circumstances

(20 percent)

Instructional days in

regular period

15 percent of instructional

days in regular period

Including extraordinary circumstances

(20 percent) 85 13 17 38 6 8

103 15 21 45 7 9 130 20 26 55 8 11 175 26 35

TABLE 6 – Calculating a student’s paid absences for school-year program

School-year program on schedule of 180 instructional days (3 instructional hours per day)

Paid absences during student’s attendance period

Instructional days in

regular period

Student’s first day of

attendance in regular period

Instructional days of regular

period not attended

before first day

Instructional days in

student’s attendance

period

15 percent of instructional

days in student’s

attendance period

Including extraordinary circumstances

(20 percent)

175 1st* 0* 175 26 35 175 6th 5 170 26 34 175 11th 10 165 25 33 175 21st 20 155 23 31 175 31st 30 145 22 29

* Includes students who begin attendance during the startup period

2 Rounded to the nearest whole number of days.

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TABLE 7 – Calculating a student’s paid absences for summer program Summer program on schedule of

50 instructional days (6 instructional hours per day) Paid absences during

student’s attendance period

Instructional days in

regular period

Student’s first day of

attendance in regular period

Instructional days of regular

period not attended

before first day

Instructional days in

student’s attendance

period

15 percent of instructional

days in student’s

attendance period

Including extraordinary circumstances

(20 percent)

45 1st* 0* 45 7 9 45 6th 5 40 6 8 45 11th 10 35 5 7 45 21st 20 25 4 5

* Includes students who begin attendance during the startup period

(e) A provider or school is not paid for instructional days in the regular period before the first instructional day that the student attends the VPK program.

(4) Absences due to extraordinary circumstances.—If a student is absent from

the VPK program due to extraordinary circumstances other than a temporary closure as described in (5) below, the provider or school must submit to the early learning coalition or its designee written documentation provided by the student’s parent or guardian which describes the extraordinary circumstances justifying the absence. Examples of extraordinary circumstances include the following: (a) Hospitalization of the student, parent, or guardian with appropriate

documentation; (b) Illness of the student, parent, or guardian, which requires a home-stay

as documented; (c) Death in the student’s, parent’s, or guardian’s immediate family with

appropriate documentation (e.g., obituary, death certificate); (d) Court ordered visitation with appropriate documentation (e.g., court

order); or (e) The parent’s or guardian’s unforeseen documented military

deployment or exercise.

(5) Temporary closure of provider or school.—

(a) Circumstances within provider’s or school’s control.—If a provider or school temporarily closes on a scheduled instructional day due to circumstances within the provider’s or school’s control, the provider or school must revise its class schedule to deliver that day’s instruction disrupted by the closure.

(b) Circumstances beyond provider’s or school’s control.—If a provider

or school temporarily closes on a scheduled instructional day due to circumstances beyond the provider’s or school’s control, the provider or school is paid for that instructional day, as follows:

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1. Before an early learning coalition pays a provider or school for a

temporary closure, the provider or school must submit written documentation to the coalition or its designee which demonstrates, and the coalition or its designee must determine, that the closure is temporary and caused by circumstances beyond the provider’s or school’s control. A provider or school is not required to submit documentation of those circumstances, if:

a. The provider or school is located within a county for which

the county government, the Governor, or the President of the United States declares that a state of emergency exists in the county; and

b. For the provider’s or school’s scheduled instructional days during the state of emergency, the county, state, or federal governments close offices in the county which are scheduled to be open for services other than essential services.

2. For the first 3 instructional days of the temporary closure, the

provider or school is paid as if each enrolled student was in attendance.

3. For the 4th through 10th instructional days of the temporary closure, each day is recorded as an absence for each enrolled student. The provider or school is paid for each student’s absence in accordance with (2) and (3) above, if the student has not exhausted his or her paid absences. If a student has exhausted his or her paid absences, the provider or school is not paid for that student’s absence.

4. If circumstances cause more than one temporary closure, the provider or school may not cumulatively record more than 10 instructional days as:

a. Attendance under (5)(b)2.; b. Absences under (5)(b)3.; or c. A combination of attendance under (5)(b)2. and absences

under (5)(b)3. 5. If a temporary closure, or the cumulative number of instructional

days from more than one closure, extends beyond 10 instructional days, the provider or school must revise its class schedule to deliver the instructional days disrupted after the 10th instructional day.

6. If a provider or school does not resume instruction after the closure, the provider or school is not paid for any instructional days described in (5)(b)1. or (5)(b)2. above. The coalition or its designee shall assist affected students by making alternative arrangements that mitigate the disruption of instruction,

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including, but not limited to, re-enrollment of students with other providers or schools.

7. If a student does not resume attendance in the VPK program after the temporary closure, the provider or school is paid for instructional days recorded as attendance under (5)(b)2. but, in accordance with (8) below, is not paid for instructional days recorded as absences under (5)(b)3.

8. In lieu of payment for one or more of the instructional days recorded as attendance under (5)(b)2. or recorded as absences under (5)(b)3., the provider or school may revise its class schedule to deliver the instructional days disrupted by the temporary closure.

(6) Recording absences for refused attendance.—If a student arrives at the

provider’s or school’s VPK site but the provider or school refuses the student’s attendance for disciplinary or other reasons (e.g., due to tardiness or prohibited attire), the instructional day is recorded as an absence.

(7) Automatic withdrawal for excessive undocumented absences.—

(a) If a student is absent from the VPK program for 5 consecutive instructional days, the student is considered withdrawn from the program unless the provider or school submits to the early learning coalition or its designee written documentation provided by the student’s parent or guardian which describes the reasons for the absence. The documentation may describe any reasons for the absence and is not limited to the extraordinary circumstances described in (4) above.

(b) If a student is withdrawn from the VPK program under (7)(a) above but subsequently attends the program, the student’s enrollment in the program is resumed, each instructional day that the student did not attend the program is recorded as an absence, and those absences are paid in accordance with (3) above.

(8) Effect of termination from VPK program.—If a student terminates

enrollment from the VPK program, whether the termination is voluntary or involuntary (e.g., automatic withdrawal for excessive undocumented absences under (7) above), the provider or school is not paid for any instructional days after the last instructional day that the student attends the program.

(9) Effect on provider’s or school’s attendance policy.—In accordance with

s. 1002.71(6)(d), F.S., this uniform attendance policy is used for funding purposes only and does not prohibit a private prekindergarten provider or public school from adopting and enforcing the provider’s or school district’s attendance policy.

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(10) Reporting absences under Rilya Wilson Act.—This uniform attendance policy governs payments under the VPK program and does not supersede any requirement for reporting absences under the Rilya Wilson Act (s. 39.604, F.S.).

Replaces: This program instruction replaces, and makes the following substantial changes

to, OEL-PI-0023-05:

• Provides procedures for payment or revision of the class schedule when a provider or school temporarily closes.

History: Original.—OEL-PI-0015-05 (June 15, 2005). Revised.—OEL-PI-0023-05

(July 25, 2005); OEL-PI-0029-05 (September 21, 2005).

PLEASE DIRECT QUESTIONS AND COMMENTS TO THE OFFICE OF EARLY LEARNING AT (850) 921-3171

**********

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AGENCY FOR WORKFORCE INNOVATION

Office of Early Learning

SUBJECT FILE: 510.04

POLICY NUMBER: OEL-PI-0030-05

ISSUE DATE: September 21, 2005

UNIT: Program

DEPUTY DIRECTOR FOR EARLY LEARNING: Gladys W. Wilson

Agency for Workforce Innovation • Office of Early Learning 107 East Madison Street, Caldwell Building, MSC 140

Tallahassee, Florida 32399-4120 Phone (850) 921-3180 • Fax (850) 921-3188 • TTY/Florida Relay 711

OEL policies available at http://www.floridajobs.org/earlylearning/IMPI.html

Subject: Documenting and certifying student attendance in the VPK program Summary: This program instruction directs private prekindergarten providers and public

schools to record daily attendance of students participating in the VPK program. It requires providers and schools to submit a monthly attendance roster to the early learning coalition. It allows providers and schools to use either a daily sign-in record or other method to document daily attendance. This program instruction directs providers and schools to require each student’s parent to verify the student’s attendance each month on a Student Attendance and Parental Choice Certificate. The parent uses a short form of the certificate (Form AWI-VPK 03S) if the provider or school uses a daily sign-in record or a long form (Form AWI-VPK 03L) if the provider or school uses another method to document attendance. This program instruction also requires providers and schools to maintain attendance documentation for specified periods, to permit the documentation to be inspected, and to submit the documentation to the coalition if required.

References: Section 1002.71(6)(b)1. and 2., F.S. Section 1002.75(2)(f), (g), and (h), F.S. Purpose: To establish procedures for providers and schools to document and certify daily

student attendance for the VPK program Background: The VPK law (ss. 1002.51-1002.79, F.S.) requires the Agency for Workforce

Innovation (AWI) to adopt procedures for paying private prekindergarten providers and public schools, documenting and certifying student attendance, and reconciling advance payments in accordance with the uniform attendance policy (see OEL File 510.03) adopted by AWI (s. 1002.75(2)(f), (g), and (h), F.S.).

The VPK law also specifies that each “private prekindergarten provider’s and

district school board’s attendance policy must require the parent of each student in the V[PK p]rogram to verify, each month, the student’s attendance on the prior month’s certified student attendance” (s. 1002.71(6)(b)1., F.S.) and that the parent must submit the verification to the provider or school on forms prescribed by AWI (s. 1002.71(6)(b)2., F.S.).

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Instructions: (1) Certifying student attendance for payment; monthly attendance roster.—In order to certify student attendance for purposes of payments for the VPK program, each private prekindergarten provider or public school must submit a monthly attendance roster to the early learning coalition. The early learning coalition or its designee shall generate the form for the attendance roster using the statewide information system1 and provide the roster form to the provider or school. The provider or school shall certify student attendance by completing the attendance roster and submitting the completed roster to the coalition or its designee.

(2) Documenting daily attendance by provider or school.—

(a) Each provider or school shall maintain daily attendance

documentation. To meet this requirement, a provider or school must:

1. Maintain a daily sign-in record that documents the date, the child’s name, and the signature of the child’s parent or designee. The provider or school may use an electronic system to record this attendance documentation in lieu of a paper sign-in record, except that the system must record an electronic signature, card swipe, entry of a personal identification number (PIN), or similar daily action by the parent or designee; or

2. Maintain another method to document attendance which reflects

each child’s daily attendance in the VPK program.

(b) If a provider or school delivers the VPK program and other early learning programs (e.g., school readiness program), the provider or school may jointly document attendance for each of these programs on the same daily attendance record.

(c) The provider or school shall retain daily attendance documentation,

including electronic media, for at least 3 years after the child’s last day of attendance in accordance with the Statewide Provider Agreement (Form AWI-VPK 20) between the provider or school and the early learning coalition (see OEL File 508.04).

(3) Monthly attendance verification by parents.—

(a) Each provider or school shall require the parent of each student in the

VPK program to verify monthly the student’s attendance during the prior month, as follows:

1. If the provider or school uses a daily sign-in record, the parent

must certify the student’s attendance using the short form of the

1 The current statewide information system is the Enhanced Field System (EFS).

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Student Attendance and Parental Choice Certificate (Form AWI-VPK 03S).

2. If the provider or school uses a method to document attendance other than a daily sign-in record, the parent must certify the student’s attendance using the long form of the Student Attendance and Parental Choice Certificate (Form AWI-VPK 03L). Before a parent signs the long form, the provider or school must either enter the student’s attendance on the form or attach documentation to the form which includes the student’s attendance.

(b) Each provider or school must keep each original signed

Form AWI-VPK 03S or AWI-VPK 03L for at least 2 years in accordance with s. 1002.71(6)(b)3., F.S.

(c) Each early learning coalition may require that a provider submit a

signed copy of Form AWI-VPK 03S or AWI-VPK 03L. If required, the provider shall submit the form to the coalition or its designee by the date specified by the coalition or its designee.

Attachments: Form AWI-VPK 03S (Student Attendance and Parental Choice Certificate, Short

Form) Form AWI-VPK 03L (Student Attendance and Parental Choice Certificate, Long

Form)

PLEASE DIRECT QUESTIONS AND COMMENTS TO THE OFFICE OF EARLY LEARNING AT (850) 921-3171

**********

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Form AWI-VPK 03S (09/21/2005)

STATE OF FLORIDA VOLUNTARY PREKINDERGARTEN

EDUCATION PROGRAM Student Attendance and

Parental Choice Certificate (SHORT FORM)

1. Student’s last name

First name Middle name 2. Student’s date of birth

3. Name of provider or school

4. VPK class

PARENTAL CERTIFICATION I swear (or affirm) that my child (whose name appears above in item 1) attended the Voluntary Prekindergarten Education Program during the months listed below. I certify that my child’s daily attendance in the program was recorded by the provider or school and that I or my representative signed the attendance record each day that my child attended the program. I further certify that I continue to choose the provider or school (whose name appears above in item 3) to deliver the program for my child and direct that program funds be paid to the provider or school for my child.

5. Attendance month and year

6. Print name of parent or guardian

7. Signature of parent or guardian 8. Date signed

NOTICE TO PROVIDER OR SCHOOL: The private prekindergarten provider or public school must keep each original signed form for at least 2 years. Each private prekindergarten provider must permit the early learning coalition, and each public school must permit the school district, to inspect the original signed forms during normal business hours. If required by the early learning coalition, a signed copy of this certificate must be forwarded to the coalition or its designee.

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Form AWI-VPK 03L (09/21/2005)

STATE OF FLORIDA VOLUNTARY PREKINDERGARTEN

EDUCATION PROGRAM Student Attendance and

Parental Choice Certificate (LONG FORM)

1. Student’s last name

First name Middle name Jr./Sr./III 2. Student’s date of birth

3. Name of provider or school

4. VPK class

5. Attendance month 6. Year 7. Student’s attendance is: Entered below See attached document

SUN MON TUE WED THU FRI SAT

= Days attended

PARENTAL CERTIFICATION I swear (or affirm) that my child (whose name appears above in item 1) attended the Voluntary Prekindergarten Education Program on the days entered above, or included in the documentation attached to this form, and certify that I continue to choose the provider or school (whose name appears above in item 3) to deliver the program for my child and direct that program funds be paid to the provider or school for my child.

8. Last name of parent or guardian

First name Middle name Jr./Sr./III

9. Signature of parent or guardian

10. Date signed

NOTICE TO PROVIDER OR SCHOOL: The private prekindergarten provider or public school must keep each original signed form for at least 2 years. Each private prekindergarten provider must permit the early learning coalition, and each public school must permit the school district, to inspect the original signed forms during normal business hours. If required by the early learning coalition, a signed copy of this certificate must be forwarded to the coalition or its designee.

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AGENCY FOR WORKFORCE INNOVATION

Office of Early Learning

SUBJECT FILE: 510.027

POLICY NUMBER: OEL-PI-0031-05

ISSUE DATE: September 21, 2005

UNIT: Program

DEPUTY DIRECTOR FOR EARLY LEARNING: Gladys W. Wilson

Agency for Workforce Innovation • Office of Early Learning 107 East Madison Street, Caldwell Building, MSC 140

Tallahassee, Florida 32399-4120 Phone (850) 921-3180 • Fax (850) 921-3188

OEL policies available at http://www.floridajobs.org/earlylearning/IMPI.html

Subject: Delayed enrollment in the VPK program Summary: This program instruction defines delayed enrollment and specifies that a child

may start the VPK program as a delayed enrollment if at least 10 percent of the instructional hours remain in the VPK prekindergarten class.

References: Section 1002.75(2)(a), F.S. Purpose: To provide guidance for delayed enrollment in the VPK program Background: The VPK law (ss. 1002.51-1002.79, F.S.) requires the Agency for Workforce

Innovation to adopt procedures governing the enrollment and eligibility determination of children in the Voluntary Prekindergarten Education (VPK) Program by the early learning coalitions and school districts (s. 1002.75(2)(a), F.S.).

Instructions: Each early learning coalition shall comply with the following procedures for

delayed enrollment in the VPK program:

(1) Definitions.—As used in this program instruction, the term:

(a) “Delayed enrollment” means recording an association in the statewide information system1 between an eligible child and a provider’s or school’s VPK prekindergarten class after VPK instruction has begun for the class.

(b) “Eligible child” means a child who is determined eligible for the VPK program in accordance with OEL File 504.01 and is issued a Certificate of Eligibility (Form AWI-VPK 02).

(2) Delayed enrollment.—An eligible child may be enrolled in the

VPK program and begin instruction in a VPK prekindergarten class after instruction has begun for the class, if at least 10 percent of the class’

1 The current statewide information system is the Enhanced Field System (EFS).

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OEL-PI-0031-05 2

instructional hours remain (54 hours for a school-year program or 30 hours for a summer program). (a) Payments for absences and attendance of a delayed enrollment are

governed by the uniform attendance policy (see OEL File 510.03). (b) A parent or guardian who enrolls a child as a delayed enrollment must

sign an Informed Parental Consent (Form AWI-VPK 04). The coalition or its designee shall maintain a copy of the informed parental consent in child’s VPK record.

Attachment: Form AWI-VPK 04 (Informed Parental Consent for Delayed Enrollment)

PLEASE DIRECT QUESTIONS AND COMMENTS TO THE OFFICE OF EARLY LEARNING AT (850) 921-3171

**********

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Form AWI-VPK 04 (09/21/2005)

STATE OF FLORIDA VOLUNTARY PREKINDERGARTEN

EDUCATION PROGRAM Informed Parental Consent

for Delayed Enrollment

A parent or guardian may enroll his or her child in the Voluntary Prekindergarten Education (VPK) Program after instruction has begun for the child’s VPK prekindergarten class (delayed enrollment). However, at least 10 percent of the instructional hours must remain for the chosen VPK class (e.g., 54 hours must remain in a 540-hour school-year program). A parent or guardian who chooses delayed enrollment must complete, sign, and submit this Informed Parental Consent form to the early learning coalition or its designee. Delayed enrollment does not limit a parent’s right to withdraw and re-enroll his or her child in the VPK program. A child may be withdrawn from one provider or school and re-enrolled with a different provider or school in the same program type, if the child has not substantially completed the program and would not receive more than 540 hours for a school-year program or 300 hours for a summer program. The VPK program has two program types: • A school-year prekindergarten program (540 instructional hours); and • A summer prekindergarten program (300 instructional hours).

To move between a school-year and summer program, and to receive more than the allotted 540 hours or 300 hours, the withdrawal and re-enrollment must be for good cause or due to an extreme hardship.

1. Child’s last name

First name Middle name Jr./Sr./III 2. Child’s date of birth

3. Name of provider or school

4. VPK class

OFFICIAL USE ONLY Total VPK instructional hours

Elapsed VPK instructional hours

Remaining VPK instructional hours

INFORMED PARENTAL CONSENT I have chosen to enroll my child in the VPK program as a delayed enrollment. I have been given information concerning the number of instructional hours remaining in the VPK prekindergarten class that I have selected for my child. I make this choice freely, knowing that once my child is enrolled in the program, he or she may not be eligible for any other state-funded VPK services after the selected VPK class ends.

5. Last name of parent or guardian

First name Middle name Jr./Sr./III

6. Signature of parent or guardian

7. Date signed

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Policy /Procedure ELS -

Early Learning Coalition of the Big Bend Region

Early Learning Services Program Compliance

Reference: Florida Statute - 411 HB - 1A F.S. 402.301-319

Policy/Procedure: Program Compliance with Health and Safety Requirements

Date Approved:

Early learning programs that provide services under the Early Learning Program must remain in compliance with all State requirements as specified in F.S. 411, HB 1A, and F.S. 402.301-319. Early Learning programs that are found to be out of compliance with health and safety standards as specified in F.S. 411, HB 1A, and F.S. 402.301-319 will be subject to the following progressive disciplinary process. Continued non-compliance could ultimately result in the program being disqualified from receiving Early Learning funds.

I. Coalition staff or staff who work directly with one of the Coalition’s subcontractors are required to report any health/safety violations to their immediate supervisor who must then immediately make a report to the local licensing authority. Examples of health/safety violations include but are not limited to:

a. State-mandated teacher to child ratios not being followed; b. Any child inadequately supervised in any area of the program; c. Infants sharing cribs; d. Toileting facilities not in working order for a prolonged period of

time; e. Chemical hazards (chemicals being left in children’s reach); f. Environmental hazards (including but not limited to: unsafe

equipment, dangerous materials, etc.).

II. Within 48 hours, written notification will be sent to the provider outlining the specific areas of concern, corrective action steps, and how to obtain technical assistance from Coalition staff.

III. A copy of the written notification placed in the provider’s permanent record.

IV. Within fifteen (15) business days of the mailed notice, a Coalition staff person

will conduct a follow-up monitoring to see if the corrective action steps have been implemented, and the concern addressed. If during the follow-up monitoring, the health/safety concern still exists, the Coalition reserves the right to remove Coalition funded children from the program, and suspend the provider’s participation in the Early Learning Programs utilizing the process listed below:

a. The Early Learning Coalition of the Big Bend Region will suspend payment for childcare reimbursement and notify the provider of

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termination through certified mail/return receipt, and parents are notified of the provider suspension status;

b. A copy of the notification of termination to be placed in the provider’s permanent file;

c. The provider will be notified of the appeal process and will be afforded the rights within this process.

V. Coalition staff or staff who work directly with one of the Coalition’s

subcontractors are required to report any observed signs of child abuse or neglect directly to the Abuse Hotline (1-800-96-ABUSE).

Background: The Coalition is ultimately responsible for ensuring that all Early Learning providers are in compliance with the State requirements in F.S. 411. The Coalition will conduct program monitoring and provide follow-up technical assistance and training in order to help providers learn how to correct any non-compliance. Coalition and subcontractor staff conducts regular site visits to conduct program monitoring, meet with providers, or to observe the children in the program. As staff go out and witness health/safety violations or suspected abuse, it is their responsibility to report their observations to the appropriate authorities as necessary. During the bi-monthly partnership meetings, the Coalition staff will discuss these reports with the Child Care Licensing department and develop intervention plans to support the providers in meeting requirements.

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Policy /Procedure VPK - 05

Early Learning Coalition of the Big Bend Region

Voluntary Prekindergarten Provider Eligibility

Reference: House Bill 1A, and OEL-PI 0021-05

Policy/Procedure: Updating VPK Provider Information

Date Approved: 12/13/05

Each VPK provider is responsible for reporting to the Early Learning Coalition or its designated subcontractor substantive changes in their original VPK applications within 5 business days of the change:

I. All providers providing services under the Voluntary Prekindergarten program must submit written notification of any instructor substantive changes or changes to VPK slots, to the Coalition or its designated subcontractor within 5 business days of the change.

a. Providers must report changes to information submitted on their

original paperwork (AWI –VPK Forms 10 & 11) within 5 business days such as:

1. Changes in instructor information; 2. Changes in VPK capacity; 3. Curriculum changes; 4. Calendar or schedule changes; 5. Changes in accreditation or licensing status.

b. The Coalition or its designated sub-contractor will provide a VPK

update form that will be able to be submitted via fax, mail, or in person to report changes.

Background: Due to the nature of the profession, some programs face issues of turnover and constant change in their programs. As information changes, it is critical that the Coalition and its designated subcontractor record such changes in the provider file, so that information remains current at all times. This data will be verified during monitoring visits conducted by the Coalition and its designated subcontractor.

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Policy /Procedure VPK - 03

Early Learning Coalition of the Big Bend Region

Child Services in the Voluntary Prekindergarten

(VPK) Program Reference: House Bill 1A

Policy/Procedure: Child Enrollment into the VPK program.

Date Approved: 12/13/05

A child is not permitted to receive services with a VPK approved provider, and the provider will not be paid for the child until all documentation and paperwork has been submitted to the Early Learning Coalition or its designated subcontractor and a certificate of eligibility has been issued to the parent/guardian.

I. Parents must meet face-to-face with Coalition designated subcontractor staff to register their child for the VPK program:

a. Parents must complete the Parent Application prescribed by the Agency

for Workforce Innovation (Form AWI – VPK 01). b. Parents must submit a copy of the child’s birth certificate or other

documentation showing proof of age such as:

1. Birth record; 2. Certificate of baptism; 3. An insurance policy showing child’s age; 4. Health/immunization records; 5. Child’s passport; 6. Government records showing age; 7. Military dependent I.D. card; 8. Certificate of arrival in U.S. showing age. 9. If none of the documents listed above can be produced, an

affidavit of age sworn by the parent, accompanied by a certificate of age reflecting the child’s birth date, signed by a public health officer or by a licensed practicing physician verifying age, may be accepted.

c. Parents must submit proof of residency which can include one of the

following: 1. Utility bills, 2. Bank statements, 3. Insurance policies, 4. Pay stubs, 5. Government documents, 6. A homeless child, as defined in s. 1003.01, must have access to the

VPK program. Coalitions shall assist homeless children and may determine residency based on other documentation as necessary (e.g. letter from homeless shelter).

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II. Once the parent has completed the application and submitted the required

supplemental documentation, the Coalition or its subcontractor, will determine whether the child is eligible for participation in the Voluntary Prekindergarten program.

III. Once it has been determined that the child is eligible, the Coalition or its

subcontractor will provide the parents with a certificate of eligibility and information and resources on available provider choices.

Background: House Bill 1A provides the eligibility requirements for child participation in the Voluntary Prekindergarten program. It is the Coalition’s responsibility to assist families in enrolling children into the program through the specified application process and to ensure that the children who participate are eligible as per HB 1A requirements.

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Policy /Procedure VPK - 04

Early Learning Coalition of the Big Bend Region

Voluntary Prekindergarten Provider Eligibility

Reference: House Bill 1A and OEL – PI – 0021-05

Policy/Procedure: Enrolling a new VPK provider Date Approved: 12/13/05 A provider or school must not begin providing VPK services and will not be paid for providing services until proof of all program requirements is demonstrated through required documentation. All documentation must be submitted and reviewed by the Early Learning Coalition or its designated subcontractor:

I. A face-to-face meeting is required between the Coalition or designated subcontractor staff in order to complete the following documentation:

a. AWI – VPK 10: The Statewide Provider Registration Application

1. Include a copy of the official State of Florida Gold Seal certificate (if applicable).

2. Copy of Accreditation Certificate (if applicable).

b. AWI – VPK 11: Class Registration Application

1. The following documents must be submitted before the application process is determined complete including: documentation of education credentials (Degree, etc.), a copy of background screening information, and proof of completion of required literacy training.

c. Provider Agreement: The Coalition and the provider must both sign the State of Florida Voluntary Prekindergarten Education Program Statewide Provider Agreement which lists program requirements.

Background: House Bill 1A provides the eligibility requirements for providers who are interested in providing VPK services. The law specifically requires all providers to complete the required documents as listed above, and to show proof of required items. It is the Coalition’s responsibility to ensure that each VPK provider has this documentation on file before the provider can begin providing VPK services.

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Policy /Procedure VPK -

Early Learning Coalition of the Big Bend Region

Child Services in the Voluntary Prekindergarten

(VPK) Program Reference: House Bill 1A

Policy/Procedure: Child Enrollment into the VPK program.

Date Approved:

A child may not begin to receive services with a VPK approved provider, and the provider will not be paid for the child until all documentation and paperwork has been submitted to the Early Learning Coalition or its designated subcontractor and a certificate of eligibility has been issued to the parent/guardian.

I. Parents must meet face to face with Coalition designated subcontractor staff to register their child for the VPK program:

a. Parents must complete the Parent Application prescribed by the Agency

for Workforce Innovation (Form AWI – VPK 01). b. Parents must submit a copy of the child’s birth certificate or other

documentation showing proof of age such as:

1. Health/immunization records 2. Child’s passport 3. Government records showing age 4. Military dependent I.D. card 5. Certificate of arrival in U.S. showing age

c. Parents must submit proof of residency (utility bills, insurance policies,

pay stubs, or government documents).

II. Once the parent has completed the application and submitted the required supplemental documentation, the Coalition or its subcontractor, will determine if the child is eligible for participation in the Voluntary Prekindergarten program.

III. Once it has been determined that the child is eligible, the Coalition or its

subcontractor will provide the parent with a certificate of eligibility and information and resources on available provider choices.

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Background: House Bill 1A provides the eligibility requirements for child participation in the Voluntary Prekindergarten program. It is the Coalition’s responsibility to assist families in enrolling children into the program through the specified application process and ensuring that the children who participate are eligible as per HB 1A requirements.

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Policy /Procedure VPK -

Early Learning Coalition of the Big Bend Region

Voluntary Prekindergarten Provider Eligibility

Reference: Florida Statue

Policy/Procedure: Enrolling a new VPK provider Date Approved: A provider or school may not begin providing VPK services and will not be paid for providing services until proof of all program requirements are demonstrated through required documentation. All documentation must be submitted and reviewed by the Early Learning Coalition or its designated subcontractor:

I. Interested providers must meet face to face with Coalition or designated subcontractor staff in order to complete the following documentation:

a. AWI – VPK 10: The Statewide Provider Registration Application

1. Include a copy of the official State of Florida Gold Seal certificate (if applicable).

2. Copy of Accreditation Certificate (if applicable).

b. AWI – VPK 11: Class Registration Application

1. A copy of teacher’s credentials must be turned in which include: documentation of education credentials, a copy of background screening information, and proof of completion of required literacy training.

c. Provider Agreement: The Coalition and the provider must both sign

the State of Florida Voluntary Prekindergarten Education Program Statewide Provider Agreement which lists program requirements.

Reference: House Bill 1A and OEL – PI – 0021-05

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Background: House Bill 1A provides the eligibility requirements providers who are interested in providing VPK services. The law specifically requires all providers to complete the required documents as listed above, and to show proof of required items. It is the Coalition’s responsibility to ensure that each VPK provider has this documentation on file before the provider can begin providing VPK services.

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Policy /Procedure VPK -

Early Learning Coalition of the Big Bend Region

Voluntary Prekindergarten Provider Eligibility

Reference: Florida Statue

Policy/Procedure: Updating VPK provider information

Date Approved:

Each VPK provider is responsible for reporting substantive changes in their original VPK applications to the Early Learning Coalition or its designated subcontractor within 5 business days of the change:

I. All providers providing services under the Voluntary Prekindergarten program must submit written notification of any substantive changes to the Coalition or its designated subcontractor within 5 business days of the change.

a. Providers must report changes to information submitted on their

original paperwork (AWI –VPK Forms 10 & 11) within 5 business days such as:

1. Changes in instructor information 2. Changes in VPK capacity 3. Curriculum changes 4. Calendar or schedule changes 5. Changes in accreditation or licensing status

b. The Coalition or its designated subcontractor will provide a VPK

update form that will be able to be submitted via fax, mail, or in person to report changes.

Background: Due to the nature of the profession, some programs face issues of turnover and constant change in their programs. As information changes, it is critical that the Coalition and its designated subcontractor record such changes in the provider file, so that information remains current at all times. This data will be verified during monitoring visits conducted by the Coalition and its designated subcontractor.