I. Purpose.
a. These rules establish the STep Ahead
Recognition System (STARS), Vermont's Quality Recognition and Improvement
System (QRIS) for Center Based Child Care and Preschool programs, Family Child
Care Homes, and Afterschool Child Care programs. The purpose of STARS is to:
i. be responsive to and reflect the unique
culture and identity of quality practices in Vermont's early childhood and
afterschool programs;
ii. offer
equitable opportunities for early childhood and afterschool programs and
providers to engage in the improvement system;
iii. support early childhood and afterschool
programs in fostering healthy development and preparing young children for
future learning and life success;
iv. support family choice by allowing parents
and caregivers to make informed decisions and choose the best possible care for
their children based on a program's philosophy, quality of an early childhood
or afterschool program, and services provided by that program;
v. represent early childhood and afterschool
programs' strengths to families; and
vi. demonstrate early childhood and
afterschool programs' progress toward quality improvements.
II. Terms and
Definitions.
"Afterschool Child Care Program" or "ASP' means a program as
defined in the Licensing Regulations for Afterschool Child Care Programs
adopted by the Department for Children and Families (DCF) Child Development
Division (CDD).
"Center Based Child Care and Preschool Program" or "CBCCPP"
means a program as defined in the Licensing Regulations for Center Based Child
Care and Preschool Programs adopted by CDD.
"Certified STARS assessor" means an individual who is
certified by the authors of an assessment tool to determine the standards for
certification and provide documentation of the certification.
"Child care" or "child care services" means developmentally
appropriate care and supervision of a child under age 13 for fewer than 24
hours a day by a DCF/CDD regulated program.
"Content Area" means a defined domain of knowledge and skill
in the field of early childhood and afterschool programs.
"Continuous Quality Improvement" or "CQI" means making
steady, intentional changes to early childhood and afterschool program
practices with the goal of improving overall program operation and practices to
increase positive outcomes for children. Typically, the CQI process employs a
steady stream of small changes.
"Curriculum" means goals for the knowledge and skills to be
acquired by the children enrolled in an early childhood and afterschool program
and the activities and experiences through which such knowledge and skills are
achieved.
"Early childhood" means the period from birth to age
eight.
"Early childhood and afterschool programs" means a CBCCPP,
FCCH, ASP, and public school pre-kindergarten program.
"Family Child Care Home" or "FCCH" means a program as defined
in the Licensing Regulations for Registered and Licensed Family Child Care
Homes adopted by CDD.
"Parent" means a birth or adoptive parent, legal guardian,
foster parent, or any other person having responsibility for, or legal custody
of, a child.
"Program" means all activities related to the provision of
services within early childhood and afterschool programs.
"Public school pre-kindergarten program" means a program as
defined in the Licensing Regulations for Center Based Child Care and Preschool
Programs adopted by CDD.
"Quality support staff" means individuals who provide
assistance to early childhood and afterschool programs to develop and implement
CQI plans.
"Quality Recognition Improvement System" or "QRIS" means a
system designed to recognize child care program strengths, to support family
choice, and to improve children's experiences in child care.
"State-approved" means program, teacher and child
assessments, and child screening tools approved by CDD and the Agency of
Education (AOE) based on current knowledge and best practice, inclusivity, and
accessibility.
III. STARS
Framework.
a. STARS is a quality recognition
and improvement system for early childhood and afterschool programs founded on
evidence-based content areas defined by CDD.
b. The system's structure is comprised of
levels based on graduated achievement in defined content areas. Each level
contains criteria that programs must meet in order to advance within the
system.
c. CDD shall publish
information describing content areas and the criteria for each level.
d. CDD shall publish guidance materials
outlining the sources of evidence early childhood and afterschool programs may
submit to support achievement of a certain level within a content
area.
e. CDD shall monitor
evidence-based research and federal program standards and gather input from
Vermont early childhood and afterschool programs to update content areas and
criteria.
IV. STARS
Certificates.
STARS certificates are valid for three years from the date of
issue and a brief annual update to the program's CQI plan will be required to
maintain the program's standing within a level in years two and three of the
application cycle.
V. System
for Program Access to Resources for Quality Supports (SPARQ).
a. Early childhood and afterschool programs
will self-assess using state-approved assessment tools to develop a CQI
plan.
b. Early childhood and
afterschool programs may access certified STARS assessors who will provide
observations and feedback using state-approved assessment tools to confirm
progress toward CQI plan goals.
c.
CDD shall ensure access to quality support staff who partner with early
childhood and afterschool programs to facilitate progress toward the programs'
goals.
VI. Financial
Incentive Payments.
a. Incentives for Initial
Achievement or Advancement of Stars
When a program initially achieves a level or initially
advances to a higher level, the DCF may provide a one-time financial incentive
payment in an amount established at least annually by the DCF Commissioner or
designee. Initial incentive payments are subject to availability of funds and
may otherwise be limited by these standards or by law.
b. Quality Factor Payments to STARS
Participating Programs
When a program achieves a level, the DCF may pay on behalf of
an eligible child a quality factor amount above the CDD base payment. Such
payments may be adjusted by the DCF Commissioner or designee at least annually
to coincide with available funding and may otherwise be limited by these
standards or by law. Suspension, reduction or increase of these payments by the
DCF Commissioner or designee shall not require modification of these rules
through the rule-making process.
c. Limits on Incentive Payments and Enhanced
Rates
i. In the event that annual funds are
insufficient to meet payment rates established at least annually by the DCF
Commissioner or designee, the Commissioner or designee reserves the right to
exercise discretion and limit or suspend award of one-time financial incentive
payments and enhanced rates otherwise payable under this program.
ii. The DCF Commissioner or designee shall
make reasonable efforts to notify any pending and prospective applicants prior
to limitation or suspension of incentive payments and/or enhanced rates due to
the lack of funding.
iii. Financial
incentives awarded under this program are subject to re-payment if awarded in
error or due to applicant fraud or misrepresentation. Financial incentives
awarded under this program are subject to garnishment, recoupment, other
attachment or legal remedy pursued by DCF, the State of Vermont, or as
otherwise authorized by law.
VII. Falsification of Information.
a. An applicant or STARS participant who has
interfered with, impeded, deterred, provided false information to or in any
manner hindered the DCF or its agents in investigation or inspection of a
regulated facility or program, or in the validation of a STARS application,
shall not be eligible for participation in STARS for a period of at least three
years.
b. Concern about
misrepresentation or false information made on a STARS application may be
referred to the CDD or AOE for investigation.
VIII. Grievances.
a. STARS applicants or participants have the
right to have the rejection of their application materials or other adverse
decision related to STARS, such as the suspension or revocation of a STARS
status in connection with enforcement of licensing rules, or these rules,
reviewed by the STARS grievance committee.
b. Requests for review must be in writing and
received by the DCF Commissioner or designee within 30 days of the date of
rejection or other adverse decision.
c. If the grievant is a school-operated
pre-kindergarten program, the Secretary of the Agency of Education (AOE) or
designee shall join the DCF Commissioner or designee in deciding the
appeal.
d. The STARS grievance
committee shall be appointed by the DCF Commissioner or designee (and AOE
Secretary or designee, if the grievant is a school-operated pre- kindergarten
program), consist of at least three members including one from the regulated
provider community, and provide the DCF Commissioner or designee (and AOE
Secretary or designee, if applicable) with a recommendation.
e. The DCF Commissioner or designee (and AOE
Secretary or designee, if applicable) shall make a final decision on the
grievance and provide the grievant with a written decision.
f. The grievant may appeal the final decision
to the Human Services Board within thirty days of the date of the final
decision.
g. Financial incentives
shall not be paid while an appeal is pending. If a successful final appeal
results in a determination that a STARS participant is due a financial
incentive, DCF will award payment in full within 60 days.
IX. Severability.
If any part of these Rules is held invalid by a court of
competent jurisdiction, the invalidity shall not be construed to render the
remaining parts of the Rules invalid.
X. Effective Date.
These rules shall become effective on July 1,
2023.
