6 CAR § 100-304 – Conditions of participation as an ABC Program provider

(a) ABC Programs must admit eligible students without regard to:
1. (1) Race;
2. (2) Gender;
3. (3) National origin;
4. (4) Ancestry;
5. (5) Color;
6. (6) Disability;
7. (7) Creed;
8. (8) Political affiliation; or
9. (9) Religion.
(b) ABC Program funds must be used exclusively for the following expenses incurred to provide ABC Program services:
1. (1) Professional services (compensation and fringe benefits);
2. (2) Assessment and screening tools;
3. (3) Instructional materials;
4. (4) Transportation to and from ABC Programs;
5. (5) Staff development;
6. (6) Financial assistance for staff working towards a secular degree or credential relating to early childhood education, including but not limited to:
  1. (A) Books;
  2. (B) Tuition; and
  3. (C) Travel; and
7. (7) If ABC Program funds remain after paying the expenses described in subdivisions (b)(1) – (6) of this section, those funds may be used to:
  1. (A) Provide food for ABC Program students; and
  2. (B) Pay that portion of administration costs, utilities, or both attributable to daycare operations multiplied by the following fraction:
(i) Number of ABC Program students; divided by
1. (ii) Total number of daycare students.
  1. (c) All ABC Program instruction and instruction materials must be secular and neutral with respect to religion.
    1. (d) No religious activity may occur during any ABC Program day and no ABC Program funds may be used to support religious services, instruction, or programming at any time.
(e) Each ABC Program provider must maintain documentation that it has provided parents and guardians with the following written notice: “To assure that no religious activity is paid or subsidized by public funds or occurs in any manner suggesting governmental endorsement of any religion or message: (a) ABC Program funds must be used exclusively to support allowable ABC Program costs incurred to provide non-religious instruction and activities during the ABC Program day; and (b) No religious activity may occur during any ABC Program day regardless of the source of funds used to support the activity.”
(f) Each ABC Program provider must:
1. (1) Annually certify compliance with each requirement of this part; and
2. (2) Agree to such unannounced public inspection and investigation as may be necessary to ascertain and monitor the provider’s compliance.
(g)
1. (1) Each ABC Program provider must establish and maintain a separate bank account for the deposit, transfer, and withdrawal of all ABC Program funds.
2. (2) No other funds of the ABC Program provider shall be commingled in the bank account with ABC Program funds and no ABC Program funds shall be placed in another bank account maintained by the ABC Program provider.