| (a) A Texas Rising Star-certified provider shall be
placed on suspension status if the provider:
(1) is placed on corrective action with a Board pursuant
to Subchapter F of this chapter;
(2) is under a "Notice of Freeze" with the Commission
pursuant to Texas Labor Code, Chapter 213 (Enforcement of the Texas
Unemployment Compensation Act) or Chapter 61 (Payment of Wages);
(3) is placed on corrective or adverse action by CCR
(4) exceeds the probationary status points threshold
as described in the Texas Rising Star guidelines pursuant to §809.130(d)(4);
(5) had more than four probationary impacts during
its three-year certification period;
(6) had a consecutive third probationary impact;
(7) is cited for specified CCR minimum standards regarding
weapons and ammunition; or
(8) is not meeting at least the Two-Star level due
to noncompliance with Texas Rising Star guidelines at the most recent
assessment of certification.
(b) Texas Rising Star-certified providers with any
of the specified "star level drop" licensing deficiencies listed in
the Texas Rising Star guidelines during the most recent 6-month CCR
licensing history shall be placed on a six-month Texas Rising Star
probationary period. Furthermore:
(1) reduction of one star level for each deficiency
cited, so a Four-Star certified provider is reduced to a Three-Star
provider, a Three-Star provider is reduced to a Two-Star provider,
and a Two-Star provider is placed on suspension status; and/or
(2) if CCR does not cite any additional specified star-level
drop deficiencies during the 6-month probationary period the provider
shall be reinstated at the former star level.
(c) Texas Rising Star-certified providers with any
of the specified "probationary" licensing deficiencies listed in the
Texas Rising Star guidelines during the most recent 6-month CCR licensing
history shall be placed on a six-month Texas Rising Star probationary
period. Furthermore:
(1) Texas Rising Star-certified providers on a six-month
probationary period that are cited by CCR within the probationary
period for any additional specified probationary deficiencies within
the probationary period shall be placed on a second, consecutive probation
and lose a star level, with a Two-Star certified provider being placed
on suspension status;
(2) if CCR does not cite any additional specified probationary
deficiencies during the probationary period, the provider can be removed
from probation status and shall be reinstated at the former star level,
if applicable; and
(3) if any additional specified probationary deficiencies
are cited by CCR during the second six-month probationary period,
the provider shall be placed on suspension status.
(d) Texas Rising Star-certified providers whose total
points for high or medium-high deficiencies received during the most
recent 6-month CCR licensing history fall within the prescribed points
threshold range as described in the Texas Rising Star guidelines pursuant
to §809.130(d)(4), shall be placed on a six-month Texas Rising
Star program probationary period. Furthermore:
(1) Texas Rising Star-certified providers on a six-month
probationary period that are cited by CCR within the probationary
period for any additional high or medium-high weighted deficiencies
within the probationary period shall be placed on a second, consecutive
probation and lose a star level, with a Two-Star certified provider
being placed on suspension status;
(2) if CCR does not cite any additional high or medium-high
weighted deficiencies during the probationary period, the provider
can be removed from probation status and shall be reinstated at the
former star level, if applicable; and
(3) if any additional high or medium-high weighted
deficiencies are cited by CCR during the second six-month probationary
period, the provider shall be placed on suspension status.
(e) Certified providers in suspension status shall
be eligible for a reassessment after six months following the suspension
date, as long as no deficiencies described in subsections (b) - (c)
of this section are cited during the previous six months.
(f) Certified providers in suspension status shall
achieve at least a Two-Star certification no later than 15 months
following the suspension date. Failure to achieve at least a Two-Star
certification within the 15-month period will result in the provider's
ineligibility to provide child care services under this chapter.
(g) Certified providers on suspension status:
(1) shall be eligible to provide child care services
under this chapter as long as the provider meets at least the Entry
Level criteria described in §809.131(b) of this chapter;
(2) shall not be eligible for the enhanced payment
rate and shall be paid at the Board's Entry Level rate; and
(3) shall not be able to receive referrals from a new
family during the last six months of the 15-month period, unless the
provider is located in a child care desert or serves an underserved
population and is approved by the Agency to accept new family referrals.
(h) Certified providers in suspension status that fail
to achieve at least a Two-Star certification by the end the 15-month
suspension period:
(1) are not eligible to provide child care services
under this chapter;
(2) are not eligible for the Entry Level designation
time frame described in §809.131(e) of this chapter;
(3) are not eligible for the extension waiver described
in §809.131(f) of this chapter; and
(4) must subsequently meet at least a Two-Star certification
eligibility and screening requirements to provide child care services
under this subchapter.
|
| Source Note: The provisions of this §809.132 adopted to be effective February 16, 2015, 40 TexReg 708; amended to be effective January 8, 2019, 44 TexReg 114; amended to be effective July 6, 2020, 45 TexReg 4528; amended to be effective January 25, 2021, 46 TexReg 593; amended to be effective October 3, 2022, 47 TexReg 6437; amended to be effective July 29, 2024, 49 TexReg 5540 |
