1. (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. Failure to meet monthly attendance standards described in paragraph (2) of this subsection may:

      1. (A) result in suspension of care, at the concurrence of the parent; or
      2. (B) be grounds for determining that a change in the parent's participation in work, job training, or an education program has occurred and care may be terminated pursuant to the requirements in §809.51(b).

   2. (2) Meeting attendance standards for child care services consists of fewer than:

      1. (A) five consecutive absences during the month;
      2. (B) ten total absences during the month.
   3. (3) If a child exceeds 65 total absences during the most recent eligibility period, then the child is not eligible for care at the next eligibility determination and shall not be eligible for care for 12 months from the end of the most recent eligibility period.
   4. (4) Notwithstanding paragraph (3) 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 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 absence counted toward the attendance standards described in paragraphs (2) and (3) of this subsection.

2. (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).
3. (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 absences in subsection (a)(2) and (3) of this section.
4. (d) 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.