Okla. Admin. Code § 340:110-1-8.3 - [Effective until 9/14/2026] Certification of programs to receive a quality rating and improvement level

(a) Purpose. The quality rating and improvement system (QRIS) provides a framework for building strong early care and education programs. This systematic approach assesses, improves, and communicates quality levels in early care and out-of-school time education programs. The QRIS quality components include:

(1) management and administration;

(2) workforce qualifications and professional development;

(3) learning and development;

(4) family partnerships; and

(5) program evaluation and continuous quality improvement.

(b) Criteria for child care centers and homes certification levels. The certification process and quality rating and improvement criteria for child care programs are described in Oklahoma Administrative Code (OAC) 340:110-1-8.3 through 340:110-1-8.11.

(c) Request for star certification process. The process in (1) through (5) of this subsection is required for certification.

(1) One-star center and home criteria. A program operating on a permit or license is automatically designated as a one-star program.

(2) Two-star center and home criteria. For approval as a two-star program, the owner and director or primary caregiver complete and submit an online request for star certification information, and:

(A) meet all criteria described in (b) of this Section; and

(B) when licensed as a child care center, meet at least the minimum number of master teachers as required, per star level, and are not eligible for master teacher probationary periods.

(3) Three-star center and home criteria. For approval as a three-star program, the owner and director or primary caregiver complete and submit the appropriate online request for star certification, and meet:

(A) all star criteria described in (b) of this Section; or

(B) Licensing status and compliance, per OAC 340:110-1-8.4, and provide documentation the program is:

(i) accredited by a Child Care Services (CCS)-approved national accrediting organization; or

(ii) a Head Start grantee and compliant with Head Start Program Performance Standards.

(4) Four-star center and home criteria. For approval, the owner and director or primary caregiver must complete and submit the appropriate online request for star certification and meet all criteria described in (b) of this Section.

(5) Five-star center and home criteria. For approval, the owner and director or primary caregiver must complete and submit the appropriate online request for star certification and:

(A) meet all criteria described in (b) of this Section; and

(B) be accredited by a CCS-approved national accrediting organization.

(i) Programs approved for five-star prior to the rule effective date must provide proof of accreditation by a CCS-approved national accrediting organization or proof of accreditation application submission no later than June 20, 2025. If a program has not provided proof of accreditation or accreditation application submission by June 20, 2025, reduction processes are followed, per (m) of this Section, including the continuation of reduction processes initiated prior to June 20, 2025.

(ii) Programs making application for accreditation must obtain accreditation by a CCS-approved national accrediting organization by September 1, 2025. When programs do not obtain accreditation by September 1, 2025, reduction processes are followed, per (m) of this Section.

(iii) Programs not accredited by September 1, 2025, may make a written request to extend the deadline to obtain accreditation to December 31, 2025. Extension requests must be submitted to QRIS@okdhs.org no later than September 12, 2025. Extension requests are not granted unless a program can demonstrate substantial and verifiable progress toward obtaining accreditation. Substantial and verifiable progress includes completion of most major steps in the accreditation process, such as submission of the full application, completing the self-study or self-assessment phase, or the scheduling of an observation visit.

(iv) If a program cannot demonstrate substantial and verifiable progress in obtaining accreditation, no extension is granted, and reduction processes are followed, per (m) of this Section.

(v) If a program has completed everything required for accreditation by December 31, 2025, but is still awaiting the accrediting organization's approval, the program may request an extension of time to comply, per (k) of this Section.

(d) Star level certification requests.

(1) Programs operating on permit may only request two- or three-star certification.

(2) Programs requesting four- or five-star certification must be licensed. Programs on permit are not eligible for four-or five-star certification.

(3) Changes of ownership are exempt from processes in (1) and (2) of this subsection.

(e) Request for star certification submission process. The procedures in this subsection are followed for submission of request for star certification.

(1) The owner and director or primary caregiver submit the appropriate online request for star certification and required documentation to CCS.

(2) The stars outreach specialist determines when certification criteria are met by reviewing the case and submitted documentation. When it has been four months since the last monitoring visit, the stars outreach specialist requests Licensing staff conducts a full-monitoring visit. Prior to approval, the stars outreach specialist reviews all information, consulting with Licensing staff, designated CCS staff, and the QRIS program administrator or designee as needed.

(3) The monitoring visits and substantiated complaints for the last 12 months of operation are reviewed for criteria compliance determination. The request is denied when the program has:

(A) numerous, repeated, or serious non-compliances, per OAC 340:110-1-8.4;

(B) a single serious incident resulting in injury or imminent risk of harm to a child within the 12-month period;

(C) an Emergency Order or notice of proposed request for license denial or license revocation issued;

(D) a serious substantiated complaint;

(E) failed to employ a qualified director for six months or more; or

(F) a consent agreement, per OAC 340:110-1-9.5.

(f) Pre-certification visit. Prior to initial or higher star level certification approval, programs receive a pre-certification visit from designated CCS staff to verify stars criteria compliance. Pre-certification visit is conducted after:

(1) online request for star certification is completed; and

(2) all required star criteria documentation is submitted.

(g) Center and home certification approval. The procedures in this subsection are followed for initial approval and requests for higher star certification level.

(1) When the program meets the criteria, the stars outreach specialist provides a letter confirming the approval and the effective date, and updates the database. When numerous, repeated, or serious non-compliances, per OAC 340:110-1-9.3, are identified during case review for the star certification request, the letter states these non-compliances are considered, and may result in star certification reduction when subsequent serious non-compliances occur.

(2) When the program fails to meet the criteria, the stars outreach specialist provides a letter identifying criteria not met. The request for star certification is also reviewed determining when another star certification level can be met.

(3) The owner and director or primary caregiver may reapply when criteria are met. When the request for a higher star certification level is denied due to numerous, repeated, or serious non-compliance with Licensing requirements, per OAC 340:110-1-9.3, the program is not approved for a higher star certification level prior to six months after the program receives the denial letter by certified mail.

(4) The owner may withdraw the request for star certification prior to denial.

(5) The owner may request a reduction in star certification level. The request is made in writing to CCS. QRIS personnel or the designee provides a letter to the owner documenting the reduction request, including the new star certification level effective date, and updates the database with the program's new star certification level. A reduction request does not constitute a reduction in star certification level, per (l) of this Section, and the right to request an administrative review is waived.

(h) Complaint investigations. Pending complaint investigations may impact star certification request approval.

(i) Ongoing review. The procedures in this subsection are followed for ongoing review.

(1) Program notification to CCS. The owner, director, or primary caregiver is required to notify CCS within five program-business days of changes affecting the program's star certification level. The case is reviewed by designated CCS staff to determine whether criteria continue to be met.

(2) Periodic certification reviews. Designated CCS staff completes a minimum of one partial- and one full-star certification criteria review annually, including programs operating less than a full-year or having a tribal cooperative licensing agreement.

(A) When requested by the program owner or director, designated CCS staff schedules the annual criteria review at least one week in advance.

(B) Programs accredited by a CCS-approved national accrediting organization may be exempt from the partial certification criteria review. When programs have numerous, repeated, or serious non-compliances, per OAC 340:110-1-9.3, within the previous 12 months, designated CCS staff consult with the designated programs manager for exemption approval.

(C) Programs exempt from state licensure including federal or tribal programs, have all applicable stars criteria reviewed at least annually.

(3) Master teacher change. When an individual not meeting master teacher educational qualifications replaces a master teacher:

(A) Form 07LC031E, Probationary Master Teacher Agreement, is completed;

(B) the probationary master teacher is granted a one-year probationary period to fulfill the master teacher educational qualifications, per applicable QRIS criteria; and

(C) Licensing may extend the probationary period for a second year, providing the probationary master teacher is actively pursuing educational qualifications as identified on Form 07LC031E.

(4) Non-compliance. The star certification level of a program is referred for reduction when a program has:

(A) serious non-compliance with Licensing requirements, per OAC 340:110-1-9.3, within a 12-month period;

(B) a serious incident resulting in injury or imminent risk of harm to a child;

(C) an Emergency Order or notice of proposed request for license denial or license revocation issued;

(D) a serious substantiated complaint;

(E) failed to employ a qualified director for six months or more; or

(F) other star certification criteria violations.

(5) Violations and written notification. When violations of certification criteria are documented, or the program notifies CCS of criteria changes, the procedures in (A) through (E) of this paragraph are followed.

(A) Designated CCS staff provides written notification documenting the violations, including a statement that a reduction in the star certification level may occur, when the program has:

(i) serious non-compliances with Licensing requirements, per OAC 340:110-1-9.3;

(ii) a serious incident occurs resulting in injury or imminent risk of harm to a child;

(iii) an Emergency Order or notice of proposed request for license denial or license revocation issued;

(iv) a serious substantiated complaint;

(v) failed to employ a qualified director for six months or more; or

(vi) star criteria violations.

(B) A plan of correction indicating a specific agreed on correction time frame is documented:

(i) for each star criteria violation documented during a criteria review; or

(ii) when a program notifies designated CCS staff of star criteria violations.

(C) When previous star criteria violations were not corrected in the agreed on time frame, an additional plan of correction may be documented indicating a reduced correction time frame.

(D) When the program fails to meet additional plans of correction, designated CCS staff may submit a referral for star certification reduction or notify the program of a request for extension of time to comply, per (k) of this Section, including timeframes.

(E) When the program does not apply for an extension of time to comply, there is no acceptable plan of correction; a referral for star certification reduction is submitted.

(6) Follow-up of star criteria violations. Designated CCS staff is responsible for verifying star certification criteria violations are corrected as determined by the approved plan of correction.

(j) Grievances. Grievances regarding star criteria violations are followed, per OAC 340:110-1-15.

(k) Extension of time to comply.

(1) A request for an extension of time to comply may be submitted when violations of star criteria cannot be corrected within the agreed on plan of correction time frame.

(2) A request for an extension of time to comply to meet Licensing requirements, such as director qualifications, is not approved.

(3) The owner, director, or primary caregiver submits Form 07LC074E, Request for Extension of Time to Comply, no later than 10-calendar days after the plan of correction expires.

(4) The decision to approve or deny an extension of time to comply is made by the QRIS program administrator or designee. One or more discretionary extensions of time to comply may be granted. Approval of an extension of time to comply does not set a precedent and each request is independently evaluated. The owner and director or primary caregiver is notified in writing of the decision.

(l) Star certification level reduction circumstances. Circumstances for star level reductions are in (1) and (2) of this subsection.

A reduction occurs when:

(1) a written Emergency Order or notice of proposed request for license denial or license revocation is issued; or

(2) the program has:

(A) numerous, repeated, or serious non-compliance with Licensing requirements, per OAC 340:110-1-9.3, within a 12-month time frame;

(B) a serious incident resulting in injury or imminent risk of harm to a child;

(C) a serious, substantiated complaint;

(D) star level criteria violations; or

(E) failed to employ a qualified director for six months or more.

(m) Reduction in star certification level process. Reduction procedures in (1) through (8) are followed.

(1) Designated CCS staff reviews the case and referrals for stars reductions are made in writing to the QRIS program administrator or designee. The designated programs manager may offer or accept a request from the owner of a licensed program for an alternative settlement in lieu of reduction. The alternative settlement documents how the program will go above and beyond required star level criteria to ensure a higher standard or quality of care. It is the designated programs manager's decision to accept or deny the alternative settlement.

(2) When a reduction is necessary, the QRIS program administrator or designee provides the owner and director or primary caregiver a letter sent by certified mail documenting the reduction in star certification level and notifying the program of the right to request an administrative review of the decision.

(A) When numerous, repeated, or serious non-compliances, serious incidents, or serious substantiated complaints are the basis for the reduction:

(i) two-star programs are reduced to one-star; and

(ii) three-, four-, and five-star programs are reduced to two-star. When programs do not meet two-star criteria, the program is reduced to one-star.

(B) When criteria violations are the basis for the reduction, the star level is reduced to the appropriate star level based on the criteria currently being met.

(C) When Emergency Order issuance or notice of proposed request for license denial or license revocation occurs, the star level is reduced to one-star, and there is no right to request an administrative review on star level reductions.

(3) The certified mail delivery receipt card is addressed to return to the CCS director or designee.

(4) In order to receive an administrative review, the owner submits a written request to the CCS director or designee within 15-calendar days of reduction notification letter receipt.

(5) The request includes written documentation stating the program's grounds for administrative review.

(6) QRIS personnel or a designee updates changes in the star certification level and payment rate following verification of certified letter receipt and the administrative review, when requested.

(7) The administrative review process includes determining when a star certification level reduction was in accordance with Oklahoma Human Services (OKDHS) rules and substantially supported by the evidence. The procedures in (A) through (C) of this paragraph are followed when an administrative review is requested.

(A) Within 30-calendar days of receiving the request for an administrative review, a letter is provided notifying the owner and program of the administrative review. Prior to the administrative review, the owner is provided at least a 14-calendar day written notice. All correspondence indicates the administrative review date, time, and location. The owner may submit written documentation prior to, or at the beginning of the administrative review, with copies provided to all representatives.

(B) The administrative review panel:

(i) provides review;

(ii) consists of one OKDHS staff not involved in the decision to reduce the star certification level; and

(iii) includes two individuals, one being a center owner or operator, per OAC 340:110-1-17.

(C) The stars review panel makes a determination affirming or reversing the CCS decision at the administrative review. Time constraints or the complexity of issues may require the panel to take a matter under advisement. The determination decision is completed within 10-calendar days from the panel review date.

(8) The owner and director or primary caregiver may reapply for a higher star certification level when criteria are met, and higher star level certification processes, per (d) of this Section, are not required for reapplication. However, when the star certification level is reduced due to serious non-compliance with Licensing requirements, serious incidents, or serious substantiated complaints, the program is not approved for a higher star certification level for six months after receiving the reduction letter, sent by certified mail.

(n) Change in ownership. When there is a change in program ownership or form of business entity, the case is closed and the star certification level is removed, unless otherwise determined, per OAC 340:110-1-9. For approval of request for star certification level, the new owner and director or primary caregiver completes and submits the appropriate online request for star certification and required documentation. Changes of ownership are exempt from star certification request processes, per (d) of this Section, and may be approved for any star level certification when meeting required star criteria for the requested level.

(o) Transitional change of ownership. When a program requests a transitional change of ownership (1) through (7) of this subsection are followed.

(1) Designated CCS staff conducts a full-star criteria review within five-OKDHS business days:

(A) verifying all applicable criteria are met; and

(B) obtaining the appropriate online request for star certification and required documentation completed by the prospective owner and director or primary caregiver.

(2) The stars outreach specialist reviews the online request for star certification and required documentation completed by the prospective owner and verifies star level certification criteria are met, per (e) through (g) of this Section.

(3) Transitional change of ownership procedures are followed, per OAC 340:110-1-9.

(4) Periodic and ongoing criteria reviews are conducted and maintained, per (i) of this Section.

(5) All star certification criteria reviews and correspondence are provided to both the current and prospective owners.

(6) Change of ownership procedures are followed, per (n) of this Section by the end of 90-calendar days.

(7) When programs notify Licensing that transitional change of ownership is no longer proceeding, Licensing staff verifies program operation status and consults with the supervisor for appropriate action.

(p) Inactive status. When a program is determined inactive, per OAC 340:110-1-9, all applicable star certification criteria is reviewed prior to resuming care.

(q) Address change. When the program's address changes, designated CCS staff completes a full star certification review, verifying compliance with criteria at the new address.

(r) Record-keeping. Periodic certification review, request forms, and supporting documentation are maintained in the case file or in a separate open-record file. Any confidential information, including children's photographs is maintained, per OAC 340:110-1-14.

Notes

Okla. Admin. Code § 340:110-1-8.3

Amended by Oklahoma Register, Volume 33, Issue 24, September 1, 2016, eff. 11/1/2016 Amended at 35 Ok Reg 475, eff 1-31-18 (emergency) Amended by Oklahoma Register, Volume 35, Issue 24, September 4, 2018, eff. 9/17/2018 Amended by Oklahoma Register, Volume 36, Issue 24, September 3, 2019, eff. 9/16/2019 Amended by Oklahoma Register, Volume 38, Issue 24, September 1, 2021, eff. 9/15/2021 Amended by Oklahoma Register, Volume 40, Issue 22, August 1, 2023, eff 9/15/2023 Amended by Oklahoma Register, Volume 42, Issue 14, April 1, 2025, eff. 2/10/2025, exp. 9/14/2026 (Emergency) Amended by Oklahoma Register, Volume 42, Issue 19, June 16, 2025, eff 5/9/2025, exp. 9/14/2026 (Emergency)