1. (a) A parent is eligible for child care services under this section if at initial eligibility determination and at eligibility redetermination as described in §809.42:

   1. (1) the family income does not exceed the income limit established by the Board pursuant to §809.41(a)(3)(A); and
   2. (2) child care is required for the parent to work or attend a job training or educational program for a combination of at least an average of 25 hours per week for a single-parent family or 50 hours per week for a two-parent family, or a higher number of hours per week as established by the Board.
2. (b) A Board may allow a reduction to the work, education, or job training activity requirements in subsection (a)(2) of this section if a parent's documented medical disability or need to care for a physically or mentally disabled family member prevents the parent from participating in these activities for the required hours per week.

3. (c) For purposes of meeting the education requirements stipulated in subsection (a)(2) of this section, the following shall apply:

   1. (1) each credit hour of postsecondary education counts as three hours of education activity per week;
   2. (2) each credit hour of a condensed postsecondary education course counts as six education activity hours per week; and
   3. (3) teen parents attending high school or the equivalent shall be considered as meeting the education requirements in subsection (a)(2) of this section.
4. (d) When calculating income eligibility for a child with disabilities, a Board shall deduct the cost of the child's ongoing medical expenses from the family income.
5. (e) Boards may establish a higher income eligibility limit for teen parents than the eligibility limit established pursuant to §809.41(a)(3)(A) provided that the higher income limit does not exceed 85 percent of the state median income for a family of the same size.
6. (f) A teen parent's family income is based solely on the teen parent's income and size of the teen's family as defined in §809.2(9) .
7. (g) Boards may establish a higher income eligibility limit for families with a child who is enrolled in Head Start, Early Head Start, or public pre-K provided that the higher income limit does not exceed 85 percent of the state median income for a family of the same size.

Source Note:The provisions of this §809.50 adopted 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.