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TITLE 40SOCIAL SERVICES AND ASSISTANCE
PART 20TEXAS WORKFORCE COMMISSION
CHAPTER 809CHILD CARE SERVICES
SUBCHAPTER EREQUIREMENTS TO PROVIDE CHILD CARE
RULE §809.96Contracted Slots Agreements

(a) In this section, the term "contracted slots agreement" is defined as a Board entering into a contract with a child care provider to reserve a specific number of places, or slots, for children participating in the child care subsidy program. This contract shall:

  (1) define the number of slots to be reserved by age group (infant, toddler, preschool, or school-age); and

  (2) meet the eligibility requirements as described in subsection (e) of this section.

(b) Boards may enter into a contracted slots agreement with providers that agree to provide subsidized child care services to eligible children residing in the Board's workforce area.

(c) A Board that enters into a contracted slots agreement shall include this strategy in the Board Plan, as described in §809.12 of this chapter.

(d) Each contract between a Board and a provider must identify the number of places (slots) to be reserved for children participating in the child care subsidy program.

(e) To be eligible for a contract, a child care provider must be a Texas Rising Star Three-Star or Four-Star provider and meet one of the following priorities:

  (1) Be located in:

    (A) a child care desert; or

    (B) an underserved area that has been identified by a Board as having an inadequate supply of child care in accordance with the parameters described in the CCDF State Plan.

  (2) Have a recognized partnership with local school districts to provide pre-K services;

  (3) Have a recognized partnership with EHS or HS;

  (4) Increase the number of places reserved for infants and toddlers by high-quality child care providers; or

  (5) Satisfy a priority identified in the Board's plan, as described in §809.12 of this chapter.

(f) A Board that enters into a contracted slots agreement may continue payment for reserved slots during times of transition between the time that one child leaves the program and another child is placed in the slot. The period of continued payment shall adhere to the Board's policy for contracted slots agreements and may not exceed one month following the month of the vacancy.

(g) Except for children directly referred from recognized partnerships, as described in §809.22 of this chapter, to fill open reserved slots, Boards shall contact families in order of the Board's waiting list:

  (1) that requested care in the ZIP code where the provider with the open reserved slot is located; and

  (2) whose child is in the age group for which a slot is available.

(h) In accordance with Commission guidelines, Boards that enter into contracted slots agreements shall submit a report to the Commission within six months of entering into a contract, determining the contract's effect on the:

  (1) financial stability of providers participating in the contract;

  (2) availability of high-quality child care options available to participants in the Commission's subsidy program;

  (3) number of high-quality providers in any part of the workforce area with a high concentration of families that need child care;

  (4) percentage of children participating in the Commission's subsidized child care program at each Texas Rising Star provider in the workforce area; and

  (5) additional information as requested by the Commission.

(i) A Board shall resubmit the report every 12 months from the due date of the Board's initial report to the Commission.


Source Note: The provisions of this §809.96 adopted to be effective January 25, 2021, 46 TexReg 593; amended to be effective October 3, 2022, 47 TexReg 6437

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