Mission: To promote high-quality school readiness, voluntary pre-kindergarten and after school programs, thus increasing

all children’s chances of achieving future educational success and becoming productive members of society. The Coalition

seeks to further the physical, social, emotional and intellectual needs of Miami-Dade and Monroe County children with a

priority toward the ages before birth through age 5.

PROGRAM POLICY & PROVIDER SERVICES COMMITTEE MEETING September 30th, 2014, 3:30 p.m.

ELC Board Room

I. Welcome & Introductions The Hon. Cindy S. Lederman Shaleen Fagundo David Williams, Jr.

II. Approval of Minutes The Hon. Cindy S. Lederman Shaleen Fagundo David Williams, Jr.

A. Motion to approve August 26th, 2014, Program & Providers Services Committee

Meeting Minutes.

III. Provider Services Policies Santiago Echemendia

IV. Public Comments The Hon. Cindy S. Lederman Shaleen Fagundo David Williams, Jr.

V. Adjourn The Hon. Cindy S. Lederman Shaleen Fagundo David Williams, Jr.

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PROGRAM POLICY & PROVIDER SERVICES COMMITTEE MEETING August 26

th, 2014; 3:30 P.M.

ELC Board Room

Committee Attendees: The Hon. Cindy S. Lederman, Shaleen Fagundo; Rick Beasley; Abilio Rodriguez; Mara Zapata; Helene Good (via conference call); Dr. Lori Hanson on behalf of Charles Auslander

Committee Absentees: Robert Eadie; Tina Carroll-Scott; David Williams, Jr.

Staff Attendees: Evelio C. Torres, CEO; Angelo Parrino; Jackye Russell; Pamela Hollingsworth;

Trudy Azarsepandan; Kerry Allen; Melissa Fernandez; Leeana Sanchez; Santiago Echemendia (Board Attorney)

Public Attendees: Judy Palenzuela, Miami-Dade County Public Schools; Elvira Smith, Vankara

School; Margaret Spawn, Vankara School; Rev. John Taylor, Vankara School

I. Welcome and Introductions The Hon. Cindy S. Lederman

S. Fagundo welcomed the Committee, staff and attendees. Quorum was established.

II. Approval of Minutes The Hon. Cindy S. Lederman

S. Fagundo moved the motion for the approval of meeting minutes from July 29th

, 2014. o Motion unanimously passed.

III. Provider Grievance Policy Evelio C. Torres

Trudy Azarsepandan

E. Torres stated that the provider grievance policy was modified based on the feedback given at the last Board meeting. A provider receives a licensing violation and will receive a letter notifying them that the contract is being considered for termination, and that they have a right to appeal within 30 days. If and when the ELC receives the appeal, the staff will review the situation. Staff will decide if the provider is to make a corrective action plan or put on termination. There will be a 30 day notice if the ELC decides that their contract will be terminated. It then goes to the peer review panel, then to the Program Policy & Provider Services committee, and finally the Board. The Board does not have authority on payment issues. This is an unallowable expense, and the ELC has no authority to pay for something that the provider did not earn.

R. Beasley suggested including in policy those items like this would not be brought before the Board.

S. Fagundo requested a flow chart explaining the changes to the policy.

R. Beasley asked if a site visit would be part of the process.

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E. Torres explained that site visits would be very subjective. The ELC staff is not licensed to inspect centers.

IV. School Readiness Provider The Hon. Cindy S. Lederman

Shaleen Fagundo

Vankara: Learning Exchange, Inc:

E. Torres gave a summary of the Vankara Learning Exchange DCF violations. These items had already been addressed at the previous Program Policy and Provider Services Committee. The full report is available in the committee packet.

Bishop John Taylor spoke on behalf of Vankara Learning Exchange. He stated that they did not agree with the statements on the DCF report and couldn’t sign it. He stated that other violations have been corrected since the last meeting. A full corrective action plan was prepared and everyone has been notified on what it will take to move forward. He stated that they will use this experience to strengthen their center and program.

S. Fagundo stated that she visited the center. The school has incredible resources that are in place already. The center has an incredible library, with hundreds of books in it. When she toured the facility, there were about 45 students present. The children were comfortable sitting on their mats, and familiar with their teachers. The materials were good toys, appropriately sized furniture. All the teachers she met were very competent and she believes training will be worthwhile in their case. S. Fagundo stated that she would rule in favor of the appeal. Probation and training would be necessary, but having seen their facility she felt reassured they should keep their license.

S. Fagundo motioned to rule in favor of the appeal. Vankara Learning Exchange would be on the 12 month probation. During this time no other violations can be made. Also, a recommendation for training for the staff.

o R. Beasley seconded. o M. Zapata and C. Lederman did not vote in favor of. o Motion passed and would be taken to the full Board for a vote.

V. At Risk Child Care Referrals Jackye Russell

J. Russell stated that a child that is removed from a center due to DCF licensing violations can take up to 3 weeks before being placed in another center. These children immediately need to be placed in another center. At risk child care referrals should be able to expedite the referrals in order to allow the ELC to do that.

VI. Public Comments The Hon. Cindy S. Lederman

VII. Adjourn The Hon. Cindy S. Lederman

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Provider Services Policies

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03.02.002 Child Safety Licensing Policy

It is the intent of the Early Learning Coalition of Miami-Dade/Monroe, Inc. (“Coalition”) to establish a

standardized policy for administrative sanctions against a School Readiness provider (“Provider”) who

has action taken against its license or approval status as provided herein.

A Provider is the subject of disciplinary action against its license, registration, or approval status for

failure to maintain acceptable standards to operate a School Readiness-funded program in violation of

applicable rules and obligations.

Rationale: To ensure a system of accountability for the health and safety of children.

Procedures: The Department of Children and Families (“The Department of Children and Families”) has

the authority, pursuant to Chapter 402.302-319, F.S. and 65C-22, F.A.C., to take progressive disciplinary

measures against any licensed or registered child care provider who fails to maintain licensing standards

which meet the health and safety needs of children. An equivalent overseeing entity (“Overseeing

Entity”) of a child care program exempt from licensure pursuant to sections 402.316 or 402.3025 F.S., is

responsible for ensuring compliance with the health and safety standards set forth in ss. 402.302-319

F.S. and 65C-22, F.A.C., with the exception of 65C-22.001(1) and (2)(a), F.A.C., and shall impose

disciplinary actions for child care programs under their auspices.

In the event The Department of Children and Families initiates action against a Provider’s license or

determines that the Provider has received the following violations, the Coalition may terminate a

Provider’s School Readiness Contract (“Contract”) as follows: (i) If a Provider has received one (1) Class I

licensing violation1 during any consecutive 12 month period, the Coalition may terminate the Contract

with 30 calendar days advance written notice; or (ii) if a Provider has received three (3) Class II licensing

violations2 of the same Class II standard during any consecutive 12 month period, the Coalition may

terminate a Contract with 30 calendar days advance written notice.

1 Class I Violation: An incident of noncompliance with a Class I standard. Class I violations are the most serious

violations in nature, pose an imminent threat to a child including abuse or neglect, and which could or does result in death or serious harm to the health, safety, or well-being of a child. 2 Class II Violation: The second or subsequent incident of noncompliance with the same individual Class II standard

within a 12 month period. Class II violations are less serious in nature than Class I violations and could be anticipated to pose a threat to the health, safety, or well-being of a child, although the threat is not imminent.

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If any of the foregoing occurs, the Coalition will promptly take the following actions:

a. Notify the Provider, in writing, of notice of termination of the Contract with 30

calendar days advance written notice (“Notice of Termination”);

b. Place a moratorium on new enrollments of School Readiness children effective

from the date the Provider receives the Notice of Termination and continuing

for 12 months from the termination date in the Notice of Termination

(“Termination Date”);

c. Give the Provider written notification of the Coalition’s actions and rationale,

along with notice of the Provider’s right of appeal. Appeals shall be governed by

the Child Safety Licensing Policy appeals process outlined below;

d. Contact parents of School Readiness children actively enrolled with the Provider

to apprise them of the situation. Specifically, the Coalition shall: (i) Provide

parents a maximum of thirty (30) business days from the Termination Date to

locate another Coalition-approved School Readiness provider if they wish to

continue with Coalition funding; (ii) Offer Child Care Resource & Referral

(“CCR&R”) assistance to parents to assist them in locating an approved provider;

and (iii) Notify parents that any parent who wishes to maintain their child in the

identified program with Provider shall continue on their own expense and

without benefit of funding from the Coalition; and

e. Update the EFS system to reflect the Provider is no longer eligible to provide

School Readiness services and to reflect the moratorium for School Readiness

child placements.

Where the Provider is not overseen by The Department of Children and Families or an Equivalent

Overseeing Entity, the Coalition may take any action the Coalition deems appropriate, including

terminating the Contract, if the Coalition determines that the Provider has failed to maintain acceptable

standards to operate a School Readiness-funded program and/or has not substantially complied with

health and safety standards of Chapter 402.302-319 F.S. and Rule 65C-20, F.A.C.

.

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Appeals:

The Appeals process is designed to provide a prompt and orderly mechanism by which a Provider can

appeal the Coalition’s determination to terminate a Contract. Any Provider has the right to appeal the

termination to the Coalition by sending a written appeal letter via certified mail to the Coalition within

fourteen (14) calendar days from receiving written notification of the Notice of Termination (“Appeal”).

If the Provider fails to Appeal the action within the specified timeframe, the action becomes final.

Appeal(s) must be submitted in writing, via certified mail, to the Coalition at the following address:

Attention: Appeal 2555 Ponce de Leon Blvd., Suite 500 Coral Gables, FL 33134 If the Provider files an Appeal, the Coalition will send a written acknowledgement of the Appeal to

Provider within fourteen (14) calendar days from receiving the Appeal. The Coalition will schedule the

Provider to attend the next Peer Review Panel, made up of early education care providers, to discuss the

circumstances of the violation(s) and give the Provider the opportunity to present any additional

information regarding the violation(s). The Panel will then make a recommendation to the Program,

Policy, and Provider Services Committee (“Committee”) regarding the appropriate action to take

regarding the Contract.

If the Committee upholds the Coalition’s decision to terminate the Contract, the Provider may appeal

the Committee’s decision to the Coalition’s Board of Directors (“Board”) within fourteen (14) calendar

days from the Committee’s action. The Appeal shall then be presented before the Board by the

chairperson of the Committee on behalf of all involved parties. The result will be the final outcome on

behalf of the Coalition unless otherwise stated by Florida law (“Final Outcome”). In the event the

Provider is not satisfied with the outcome provided by the Committee and/or the Board, the Provider

may seek legal remedies as afforded under the laws of the state of Florida.

The Provider is able to reapply to be a participating School Readiness provider after the 12 month

moratorium has expired and the Provider has cured the health and safety condition to the satisfaction of

the Coalition and The Department of Children and Families, or the Provider has regained licensure or a

satisfactory status with The Department of Children and Families.

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03.02.003 Grievances

This grievance policy is designed to provide prompt and orderly resolution of complaints or disputes

arising in the course of conducting business with, receiving services from, and/or providing services to

the Coalition. Any party has the right to present their grievance to the Coalition within 30 calendar days

of an occurrence, or within 30 calendar days of a party having reasonable knowledge of said matter.

Grievance(s) must be submitted in written form electronically to the following address:

grievance@elcmdm.org

The Coalition will provide a written acknowledgement of the grievance to the party within fourteen (14)

calendar days of receipt.

The Coalition shall make every effort to resolve any complaints and/or disputes during this initial

contact. The Coalition will submit a written resolution to the party within thirty (30) calendar days.

In the event the party is not satisfied with the outcome provided by the Coalition, the party must

identify in writing the specific unresolved issue(s) and the resolution being sought within 30 calendar

days of the response and address it to:

grievance@elcmdm.org

The Coalition will provide a written acknowledgement of the grievance to the party within fourteen (14)

calendar days of receipt. The Coalition will submit a written final decision to the party within thirty (30)

calendar days (“Final Decision”). The result will be the final outcome on behalf of the Coalition unless

otherwise stated by Florida law (“Final Outcome”). In the event the party is not satisfied with the

outcome provided by the Coalition, the party may seek legal remedies as afforded under the laws of the

state of Florida.

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Does the provider appeal the termination

notice?

ELC sends notice to terminate SR contract to

provider via process server Notice sent to parents

DCF notifies ELC of violation

No

SR contract termination proceeds.

Provider files appeal Yes

ELC notifies provider of peer review

Within 7 days

Peer review occurs, recommendations sent to

Policy, Provider and Program Committee

Is termination upheld?

Notice sent toParentsPaymentsEligibilityFinanceCCR&R

Policy, Provider and Program Committee

reviews case

No

Yes

Provider can appeal to the ELC BOD

Provider may resume business

Parents are notified.

Is termination upheld?

No

Yes

No

Child Safety Licensing PolicySR Contract Termination Process after a Violation has Occurred

Last update 9/4/2014

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Was the department able to

resolve the grievance?

T. Carbajal routes grievance to appropriate department

DepartmentsCCR&R (Provider Update)ContractsInclusion and AssessmentITQuality Assurance (VPK Monitoring)Quality CountsPaymentsPost Attendance MonitoringTraining and Professional DevelopmentTransfers and Withdrawals

Grievance form is received at ELC via email to grievance@elcmdm.org

No

ELT provides final decision, parties filing grievance are notified

of final decision

Yes

ELC Administrative Grievance Procedure

Report result to ELT

Active grievance status reported to ELT

Last update 9/4/2014

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