40 Tex. Admin. Code § 809.115 - Corrective Adverse Actions
(a)
When determining appropriate corrective actions, the Board or Board's child
care contractor shall consider:
(1) the scope
of the violation;
(2) the severity
of the violation; and
(3) the
compliance history of the person or entity.
(b) Corrective actions for providers may
include, but are not limited to, the following:
(1) Closing intake;
(2) Moving children to another provider
selected by the parent;
(3)
Withholding provider payments or reimbursement of costs incurred; and
(4) Recoupment of funds.
(c) When a provider violates a provision of
Subchapter E of this chapter, a written Service Improvement Agreement may be
negotiated between the provider and the Board or the Board's child care
contractor. At the least, the Service Improvement Agreement shall include the
following:
(1) The basis for the Service
Improvement Agreement;
(2) The
steps required to reach compliance including, if applicable, technical
assistance;
(3) The time limits for
implementing the improvements; and
(4) The consequences of noncompliance with
the Service Improvement Agreement.
(d) The Board shall develop policies and
procedures to ensure that the Board or the Board's child care contractor take
corrective action consistent with subsections (a) - (c) of this section against
a provider when a provider performs the attendance reporting function on behalf
of a parent.
(e) The Board shall
develop policies and procedures to require the Board's child care contractor to
take corrective action consistent with subsections (a) - (c) of this section
against a parent when a parent violates the Commission rules and procedures
related to attendance reporting.
Notes
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