40 Tex. Admin. Code § 809.78 – Attendance Standards and Notice and Reporting Requirements

(a) A Board shall ensure that parents are notified of the following:
1. (1) Parents shall ensure that the eligible child attends on a regular basis consistent with the child's authorization for enrollment and attendance standards described in paragraph (2) of this subsection. Failure to meet attendance standards described in paragraph (2) of this subsection may result in termination of care for the child due to excessive unexplained absences pursuant to subsection (d) of this section.
2. (2) Meeting attendance standards for child care services consists of no more than 40 total unexplained absences in a 12-month eligibility period.
3. (3) Unexplained absences may include:
  1. (A) Any absence that is not due to a child's documented chronic illness or disability, or to a court-ordered custody or visitation agreement;
  2. (B) Any missed attendance recording that cannot be explained, except if the attendance reporting system is not available through no fault of the parent or provider; or
  3. (C) Any denied or rejected attendance recording in which the parent does not contact the Agency's Child Care Services unit to report the issue.
4. (4) Notwithstanding paragraph (2) of this subsection, child care providers may end a child's enrollment with the provider if the child does not meet the provider's established policy regarding attendance.
5. (5) Parents shall use the attendance card to report daily attendance and absences.
6. (6) Parents shall not designate anyone under age 16 as a secondary cardholder, unless the individual is a child's parent.
7. (7) Parents shall not designate the owner, assistant director, or director of the child care facility as a secondary cardholder.
8. (8) Parents shall:
  1. (A) ensure that the attendance card is not misused by secondary cardholders;
  2. (B) inform secondary cardholders of the responsibilities for using the attendance card;
  3. (C) ensure that secondary cardholders comply with these responsibilities; and
  4. (D) ensure the protection of attendance cards issued to them or secondary cardholders.
9. (9) The parent or secondary cardholders giving the attendance card or the personal identification number (PIN) to another person, including the child care provider, is grounds for a potential fraud determination pursuant to Subchapter F of this chapter.
10. (10) Parents shall report to the child care contractor instances in which a parent's attempt to record attendance in the child care automated attendance system is denied or rejected and cannot be corrected at the provider site. Failure to report such instances may result in an unexplained absence counted toward the attendance standards described in paragraphs (2) and (3) of this subsection.
(b) Boards shall ensure that parents sign a written acknowledgment indicating their understanding of the attendance standards and reporting requirements at each of the following stages:
1. (1) initial eligibility determination; and
2. (2) each eligibility redetermination, as required in §809.42(b).
(c) Boards shall ensure that absences due to a child's documented chronic illness or disability or court-ordered visitation are not counted in the number of unexplained absences in subsection (a)(2) and (3) of this section.
(d) Boards shall ensure that before terminating care pursuant to §809.78(a)(1), the child care contractor:
1. (1) provides written notice to the parent and the child care provider at reasonable times through established communication channels of the child's absences and the potential termination of services, at a minimum when a child reaches 15, and 30 general absences cumulatively within a 12-month eligibility period; and
2. (2) documents that multiple attempts were made, as described in paragraph (1) of this subsection, to determine why the child is absent and to explain the importance of regular attendance.
(e) Where a child's enrollment has been ended by a provider in subsection (a)(4) of this section, Boards shall work with the parent to place the otherwise eligible child with another eligible provider.

Source Note:The provisions of this §809.78 adopted 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 4744.