40 Tex. Admin. Code § 809.132 - Impacts on Texas Rising Star Certification
(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) - (d) 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.
Notes
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