1. (a) Based on local factors, including a market rate survey provided by the Commission, a Board shall establish maximum reimbursement rates for child care subsidies to ensure that the rates provide equal access to child care in the local market and in a manner consistent with state and federal statutes and regulations governing child care. At a minimum, Boards shall establish reimbursement rates for full-day and part-day units of service, as described in §809.93(e), for the following:

   1. (1) Provider types:

      1. (A) Licensed child care centers, including before- or after-school programs and school-age programs, as defined by DFPS;
      2. (B) Licensed child care homes as defined by DFPS;
      3. (C) Registered child care homes as defined by DFPS; and
      4. (D) Relative child care providers as defined in §809.2.

   2. (2) Age groups in each provider type:

      1. (A) Infants age 0 to 17 months;
      2. (B) Toddlers age 18 to 35 months;
      3. (C) Preschool age children from 36 to 71 months; and
      4. (D) School age children 72 months and over.

2. (b) A Board shall establish enhanced reimbursement rates:

   1. (1) for all age groups at child care providers that obtain TRS Provider criteria pursuant to Texas Government Code §2308.315;
   2. (2) only for preschool-age children at child care providers that obtain school readiness certification pursuant to Texas Education Code §29.161; and
   3. (3) only for preschool-age children at child care providers that participate in integrated school readiness models pursuant to Texas Education Code §29.160.
3. (c) The minimum reimbursement rates established under subsection (b) of this section shall be at least 5% greater than the maximum rate established for providers not meeting the requirements of subsection (b) of this section for the same category of care up to, but not to exceed, the provider's published rate.
4. (d) A Board or its child care contractor shall ensure that providers that are reimbursed for additional staff or equipment needed to assist in the care of a child with disabilities are paid a rate up to 190% of the provider's reimbursement rate for a child of that same age. The higher rate shall take into consideration the estimated cost of the additional staff or equipment needed by a child with disabilities. The Board shall ensure that a professional, who is familiar with assessing the needs of children with disabilities, certifies the need for the higher reimbursement rate described in this subsection.
5. (e) The Board shall determine whether to reimburse providers that offer transportation as long as the combined total of the provider's published rate, plus the transportation rate, is subject to the maximum reimbursement rate established in subsection (a) of this section.

Source Note:The provisions of this §809.20 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.