40 Tex. Admin. Code § 809.13
Board Policies for Child Care Services
Effective Jan 25, 202146 TexReg 593Source Note: The provisions of this §809.13 adopted to be effective January 29, 2007, 32 TexReg 336; amended to be effective September 8, 2008, 33 TexReg 7568; amended to be effective January 8, 2013, 38 TexReg 155; amended to be effective October 1, 2016, 41 TexReg 7529; amended to be effective August 1, 2018, 43 TexReg 4474; amended to be effective January 25, 2021, 46 TexReg 593.Texas Secretary of State
- (a) A Board shall develop, adopt, and modify its policies for the design and management of the delivery of child care services in a public process in accordance with Chapter 802 of this title.
- (b) A Board shall maintain written copies of the policies that are required by federal and state law, or as requested by the Commission, and make such policies available to the Commission and the public upon request.
(c) At a minimum, a Board shall develop policies related to:
- (1) how the Board determines that the parent is making progress toward successful completion of a job training or educational program, as described in §809.2(1) of this chapter;
- (2) maintenance of a waiting list, as described in §809.18(b) of this subchapter;
(3) assessment of a parent share of cost, as described in §809.19(a)(1) of this subchapter, including:
- (A) provisions for a parent's failure to pay the parent share of cost, including the reimbursement of providers, as a program violation that is subject to early termination of child care services within a 12-month eligibility period; and
- (B) criteria for determining the affordability of the parent share of cost, as described in §809.19(d) and (e) of this subchapter;
- (4) maximum reimbursement rates, as provided in §809.20 of this subchapter, including policies related to reimbursement of providers that offer transportation;
- (5) family income limits, as described in Subchapter C of this chapter (relating to Eligibility for Child Care Services);
- (6) provision of child care services to a child with disabilities under the age of 19, as described in §809.41(a)(1)(B) of this chapter;
- (7) minimum activity requirements for parents, as described in §809.48 and §809.50 of this chapter;
- (8) time limits for the provision of child care while the parent is attending an educational program, as described in §809.41(b) of this chapter;
- (9) Board priority groups, as described in §809.43(a) of this chapter;
- (10) transfer of a child from one provider to another, as described in §809.71(3) of this chapter, including a waiting period of two weeks before the effective date of a transfer, except in cases in which the provider is subject to a CCL action, as described in §809.94 of this chapter, or on a case-by-case basis by the Board;
- (11) providers charging the difference between their published rate and the Board's reimbursement rate as provided in §809.92(d) of this chapter;
- (12) procedures for fraud fact-finding as provided in §809.111 of this chapter;
- (13) policies and procedures to ensure that appropriate corrective actions are taken against a provider or parent for violations of the automated attendance requirements specified in §809.115(d) and (e) of this chapter;
- (14) policies and procedures for contracted slots agreements as described in §809.96 of this chapter, if the Board opts to enter into such agreements; and
- (15) supporting direct referrals from recognized pre-K or HS/EHS partnerships, as described in §809.22 of this subchapter.
Source Note:The provisions of this §809.13 adopted to be effective January 29, 2007, 32 TexReg 336; amended to be effective September 8, 2008, 33 TexReg 7568; amended to be effective January 8, 2013, 38 TexReg 155; amended to be effective October 1, 2016, 41 TexReg 7529; amended to be effective August 1, 2018, 43 TexReg 4474; amended to be effective January 25, 2021, 46 TexReg 593.