| (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) had 15 or more total high or medium-high weighted
licensing deficiencies during the most recent 12-month licensing history;
(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 12-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;
or
(2) a Two-Star provider is placed on suspension status.
(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 12-month CCR licensing
history shall be placed on a six-month Texas Rising Star probationary
period. Furthermore:
(1) Texas Rising Star providers on a six-month Texas
Rising Star probationary period that are cited by CCR 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
(3) if any additional specified probationary deficiencies
are cited by CCR during the second probationary period, the Texas
Rising Star provider shall be placed on suspension status.
(d) Texas Rising Star-certified providers with 10 to
14 total high or medium-high weighted licensing deficiencies during
the most recent 12-month CCR licensing history 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
shall be placed on a second, consecutive probation and lose a star
level, with a Two-Star provider being placed on suspension status;
(2) if no additional high or medium-high weighted deficiencies
are cited by CCR during the probationary period, the provider can
be removed from probation status; and
(3) if any new high or medium-high weighted deficiencies--not
to exceed 14 total deficiencies--are cited by CCR during the second
six-month probationary period, a provider shall be placed on suspension
status.
(e) Certified providers not on suspension status losing
a star level due to licensing deficiencies shall be reinstated at
the former star level if no citations described in subsections (b)
- (d) of this section occur within the six-month reduction time frame.
(f) 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) - (d)
of this section are cited during the previous six months.
(g) 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.
(h) 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 reimbursement
rate and shall be reimbursed at the Board's Entry Level reimbursement
rate; and
(3) the provider 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.
(i) 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 |
