PART 20. TEXAS WORKFORCE COMMISSION
CHAPTER 809. CHILD CARE SERVICES
The Texas Workforce Commission (TWC) adopts amendments to the following sections of Chapter 809, relating to Child Care Services:
Subchapter A. General Provisions, §809.2
Subchapter B. General Management, §§809.18 - 809.21
Subchapter C. Eligibility for Child Care Services, §§809.42, 809.51, and 809.56
Subchapter D. Parent Rights and Responsibilities, §809.73
Subchapter E. Requirements to Provide Child Care, §§809.92 - 809.94, and 809.96
Subchapter G. Texas Rising Star Program, §§809.130 - 809.134, and 809.136
Amended §§809.2, 809.18 - 809.21, 809.42, 809.51, 809.56, 809.73, 809.93 - 809.94, 809.96, 809.130 - 809.134, and 809.136 are adopted without changes to the proposal, as published in the May 17, 2024, issue of the Texas Register (49 TexReg 3504), and, therefore, the adopted rule text will not be published.
Section 809.92 is adopted with a technical correction, as published in the May 17, 2024, issue of the Texas Register (49 TexReg 3504), and, therefore, the adopted rule text will be published.
PART I. PURPOSE, BACKGROUND, AND AUTHORITY
The amendments to Chapter 809:
--include changes to the Texas Rising Star program based on the program's four-year review as required by Texas Government Code §2308.3155(b);
--clarify that the eligibility period for child care during job search is for 12 months, with a three-month job search period;
--include the requirement that the Parent Share of Cost (PSoC) cannot exceed 7 percent of the family income, regardless of the number of children receiving child care services;
--add children with disabilities as a priority population for child care using contracted slots;
--remove rule provisions that expired on December 1, 2023, and remove specific dates for provisions that became effective on December 1, 2023; and
--change "provider reimbursement" to "provider payment" throughout the rules to align with §809.93, which requires that regulated child care providers (which exclude relatives) be paid prospectively rather than through reimbursement.
Texas Rising Star Four-Year Review
Texas Government Code §2308.3155(b) requires a regular review of the Texas Rising Star program with stakeholder input, and §809.130(e) of this chapter requires the review to take place every four years.
Beginning in July 2023, TWC's Child Care and Early Learning (CC&EL) Division convened a workgroup to review the guidelines. The workgroup included child care program directors from around the state; early childhood advocacy organization representatives; professional development providers; Local Workforce Development Board (Board) staff; and representatives from TWC, the Texas Health and Human Services Commission's (HHSC's) Child Care Regulation (CCR) division, the State Center for Early Childhood, and the Children's Learning Institute (CLI). The workgroup presented several recommendations for modifications to the Texas Rising Star guidelines.
The workgroup also recommended rule changes under Subchapter G, Texas Rising Star Program. TWC considered and incorporated the following workgroup recommendations into the rule amendments:
--Include reference to the points thresholds for high and medium-high CCR deficiencies established in the Texas Rising Star guidelines to the requirements for initial Texas Rising Star certification and to the standards for probationary status.
--Allow Texas Rising Star certified providers to retain certification for up to six months if the program undergoes a facility change and is issued an initial permit from CCR.
Additionally, as part of the Texas Rising Star Program review, CC&EL staff identified the following rule provisions for amendments:
--Modify the CCR licensing review period from 12 months to 6 months.
--Clarify that an Entry Level designated provider may receive new referrals if it is determined that the provider's licensing history will meet certification criteria by the end of the 24-month Entry Level period.
--Make a technical correction to clarify that TWC staff, rather than the three-member Commission, reviews and approves Texas Rising Star mentor education waivers.
--Clarify Texas Rising Star staff background checks as they relate to CCR background check requirements.
--Remove PSoC reductions for selecting a Texas Rising Star provider.
12-Month Eligibility Period for Child Care during Job Search
The rule amendments clarify that the eligibility period for child care during job search is for 12 months, with a three-month job search period, as allowed under 45 Code of Federal Regulations (CFR) §98.21(a)(2)(iii). TWC notes that this is not a change in policy. Current rule language in §809.56 of this chapter states that eligibility for child care during job search is limited to three months unless the parent becomes employed and meets the work requirements before the end of the job search period. If the parent meets work requirements, child care would continue for 12 months, inclusive of the three-month job search period.
The amended rules retain these time frames, but the rule language is amended to clarify that the child care eligibility period is for 12 months provided that the parent meets work requirements within the first three months of child care.
Capping the PSoC at 7 Percent of Family Income
The amended rules include the requirement that the PSoC cannot exceed 7 percent of the family income, regardless of the number of children receiving child care services. The amended language complies with the recently amended Child Care Development Fund (CCDF) regulations in CFR 45 §98.45(l), as published in the Federal Register (89 FR 15366 - 15417) on March 1, 2024, with an effective date of April 30, 2024.
Remove Expired Provisions
On September 13, 2022, TWC amended Chapter 809 with certain provisions set to be effective prior to December 1, 2023, and subsequently replaced by provisions set to be effective on December 1, 2023. The provisions effective prior to December 1, 2023, and those set to be effective on December 1, 2023, were adopted and published in the Texas Register (47 TexReg 6437). The affected sections are:
--§809.18. Maintenance of a Waiting List
--§809.19. Assessing the Parent Share of Cost
--§809.20. Maximum Provider Payment Rates
--§809.93. Provider Payment
PART II. EXPLANATION OF INDIVIDUAL PROVISIONS
(Note: Minor editorial changes are made that do not change the meaning of the rules and, therefore, are not discussed in the Explanation of Individual Provisions.)
SUBCHAPTER A. GENERAL PROVISIONS
TWC adopts the following amendments to Subchapter A:
§809.2. Definitions
Section 809.2 is amended to change "provider reimbursement" to "provider payment" in the definitions of "child care contractor" and "child care subsidies" to align with §809.93, which requires that child care providers be paid prospectively rather than as a reimbursement.
SUBCHAPTER B. GENERAL MANAGEMENT
TWC adopts the following amendments to Subchapter B:
§809.18. Maintenance of a Waiting List
Section 809.18 is amended to remove the provisions that are no longer effective as of December 1, 2023, and leaves the sections that were previously adopted by the Commission with an effective date of December 1, 2023.
Specifically, the rules that became effective December 1, 2023, removed the Board-determined process for determining the child is potentially eligible for services and the frequency in which parent information is updated and maintained. The rules also created a statewide policy to require that Boards contact the parent every three months and remove the child from the waiting list if the parent indicates that child care services are no longer required or does not respond to the Board regarding the continued need for child care services.
§809.19. Assessing the Parent Share of Cost
Section 809.19 is amended to remove the provisions that are no longer effective as of December 1, 2023, and retains the sections that were previously adopted by the Commission with an effective date of December 1, 2023.
Specifically, the rules that became effective December 1, 2023, stated that the PSoC amount is established by TWC and determined on a sliding fee scale based on the family size and gross monthly income and represented by a percentage of the state median income, or SMI.
The rules effective December 1, 2023, removed the requirement that Board policy include the general criteria for determining affordability of the Board's PSoC, as the PSoC is no longer determined or established by the Board. The rules also removed the requirement that Boards have a definition of what constitutes frequent terminations and its process for assessing PSoC affordability.
Similarly, because the Board no longer determines the PSoC, the rules removed the requirement that Boards with frequent terminations for parent failure to pay the PSoC must reexamine their PSoC and adjust it to ensure the PSoC is not a barrier to assistance.
The rule amendments also remove the option for Boards to reduce the PSoC based on the parent selection of Texas Rising Star program providers. The intent of this reduction was to encourage parents to choose a Texas Rising Star program provider. However, because participation in the Texas Rising Star program is now a requirement for all Child Care Services (CCS) providers, this PSoC reduction is no longer necessary.
Additionally, the rule amendments include the requirement that the PSoC cannot exceed 7 percent of the family income, regardless of the number of children receiving child care services. The amended language complies with the recently amended CCDF regulations in CFR 45 §98.45(l). The US Department of Health and Human Services published the amended regulations in the Federal Register (89 FR 15366 - 15417) on March 1, 2024, with an effective date of April 30, 2024.
§809.20. Maximum Provider Reimbursement Rates
Section 809.20 is amended to rename the section "Maximum Provider Payment Rates" and remove "reimbursement" from the title and the section to align with §809.93 of this chapter, which requires that regulated child care providers be paid prospectively rather than as a reimbursement. This change aligns with the recently amended CCDF regulations in 45 CFR 45 §98.45(m), which requires states to pay providers in advance of or at the beginning of the delivery of child care services.
TWC notes that unregulated relative providers will continue to be paid as a reimbursement rather than prospectively. This is in accordance with the CCDF regulation language in 45 CFR 45 §98.45(m), which allows states to exclude certain types of providers from prospective payments if paying in advance is not a generally accepted practice for that provider type. TWC contends that there is no generally accepted practice of parents paying in advance for unregulated relatives caring for children related to them.
This section is also amended to remove the age groups used for payments that are no longer effective as of December 1, 2023, and retains the age groups that were previously adopted by the Commission with an effective date of December 1, 2023.
Specifically, the rules that became effective December 1, 2023, aligned the age groups for payment with the age groups defined by CCR as required by Texas Government Code §2308.315. The new age groups for payment are:
--Infants ages 0 through 11 months
--Infants ages 12 through 17 months
--Toddlers ages 18 through 23 months
--Toddlers age 2 years
--Preschool age 3 years
--Preschool age 4 years
--Preschool age 5 years
--School-age 6 years and older
§809.21. Determining the Amount of the Provider Reimbursement
Section 809.21 is amended to rename the section "Determining the Amount of the Provider Payment" and remove "reimbursement" from the title and the section to align with §809.93 of this chapter, which requires that child care providers be paid prospectively rather than as a reimbursement.
SUBCHAPTER C. ELIGIBILITY FOR CHILD CARE SERVICES
TWC adopts the following amendments to Subchapter C:
§809.42. Eligibility Verification, Determination, and Redetermination
Section 809.42(b) is amended to remove the child care during job search exception for a redetermination no sooner than 12 months. This clarifies that the eligibility period for child care during job search is for 12 months. Boards must not conduct a full eligibility redetermination following the initial 3-month job search period described in §809.56. Boards must only verify that the parent is meeting the work requirements outlined in §809.56(c).
§809.51. Child Care during Temporary Interruptions in Work, Education, or Job Training
Section 809.51(a) is amended to remove the child care during job search exception for a redetermination no sooner than 12 months. This clarifies that the eligibility period for child care during job search is for 12 months. Similarly, the amended language also removes the 12-month redetermination exception during the 12-month eligibility period for children experiencing homelessness. Section 809.52 regarding child care for children experiencing homelessness states that the eligibility period is for 12 months; therefore, the exception for redetermination prior to the end of the 12-month eligibility period is not necessary for children experiencing homelessness.
§809.56. Child Care during Initial Job Search
Section 809.56(c) is amended to clarify that eligibility for child care during initial job search is for 12 months. The 12-month eligibility period consists of an initial 3-month job search period. The previous rule language stated that child care is limited to 3 months but shall continue for the remainder of a 12-month eligibility period if the parent meets work requirements before the end of the 3-month job search period. The amended language shifts the emphasis of the eligibility period from a 3-month initial period within a 12-month period that is contingent upon work requirements to a full 12-month eligibility period, with a 3-month initial job search period. The continuation of child care for the remainder of the 12-month eligibility period will continue to be contingent upon the parent meeting work requirements in §809.56(c). TWC makes this change to demonstrate compliance more fully with 45 CFR §98.21(a)(2)(iii).
SUBCHAPTER D. PARENT RIGHTS AND RESPONSIBILITIES
TWC adopts the following amendments to Subchapter D:
§809.73. Parent Reporting Requirements
Section 809.73(a) is amended to remove the references to child care during initial job search as a separate eligibility period from the general 12-month eligibility period described in §809.41. This change clarifies that the eligibility period for child care during job search is for 12 months and is aligned with the general 12-month eligibility period for child care services.
SUBCHAPTER E. REQUIREMENTS TO PROVIDE CHILD CARE
TWC adopts the following amendments to Subchapter E:
§809.92. Provider Responsibilities and Reporting Requirements
Section 809.92 is amended to change "reimbursement" to "payment" to align with §809.93, which requires that child care providers be paid prospectively rather than as a reimbursement.
A technical correction to the proposal was made to remove incorrect punctuation.
§809.93. Provider Reimbursement
Section 809.93 is amended to rename the section from "Provider Reimbursement" to "Provider Payment" and remove "reimbursement" from the section to align with the requirement that child care providers be paid prospectively rather than through reimbursement.
Section 809.93 is amended to remove the effective date of December 1, 2023, specific to §809.93(f) relating to the requirement that Boards pay regulated child care providers prospectively every two weeks based on the enrollment authorization.
§809.94. Providers Placed on Corrective or Adverse Action by Child Care Regulation
Section 809.94 is amended to remove "reimbursement" from the language to align with §809.93 requiring providers be paid prospectively rather than through reimbursement.
§809.96. Contracted Slots Agreements
Section 809.96 is amended to add children with disabilities as a priority population that can be served using contracted slots agreements. The amended language complies with the recently amended CCDF regulations in CFR 45 §98.30(b), which requires states to increase the use of grants or contracts for the delivery of child care services, including at a minimum for children in underserved areas (for example, in child care deserts), for infants and toddlers, and for children with disabilities.
TWC's current rules at §809.96(e)(1) already provides for contracted slots in child care deserts and underserved areas, and §809.96(e)(4) provides for contracted slots for infant and toddler child care.
SUBCHAPTER G. TEXAS RISING STAR PROGRAM
TWC adopts the following amendments to Subchapter G:
§809.130. Short Title and Purpose
Section 809.130(d)(4) is amended to state that the Texas Rising Star guidelines include a description of high and medium-high CCR deficiencies points thresholds required in §809.132 relating to CCR deficiencies that impact the certification status of a Texas Rising Star certified provider.
§809.131. Requirements for the Texas Rising Star Program
Section 809.131(a) is amended to clarify that this section applies to a child care provider's initial certification under the Texas Rising Star Program. Specifically, the requirement for a permanent (non-expiring) license or registration is a requirement for initial certification. A Texas Rising Star certified provider's certification will not be affected if the provider changes its operations that requires CCR to issue an initial license or registration such as changes in ownership or location coupled with changes in administrative or program staff and previous noncompliance with minimum standards.
Section 809.131(a)(2) is amended to include a required points threshold for high and medium-high CCR deficiencies for a provider to meet Texas Rising Star certification requirements. TWC makes this change to require initial certification to include a CCR deficiency points threshold similar to the requirement for an Entry Level Designation.
Section 809.131(a)(2) is also amended to reduce the Texas Rising Star review period of CCR licensing deficiencies from 12 months to 6 months. This change will support the review of a child care provider's most recent licensing deficiencies to more accurately describe the current status of quality of care being provided. This change also aligns with the current 6-month CCR deficiency history for probationary and suspension periods.
Section 809.131(b)(2) is amended to clarify the current practice that the points threshold for Entry Level Designation is described in the Texas Rising Star guidelines. Section 809.131(d)(2) is also amended to reduce the licensing deficiency period from 12 months to 6 months.
Section 809.131(e) is amended to clarify that beginning on the 18th month of Entry Level designation, the provider's licensing history will be reviewed and if it is determined that the provider will not be eligible by the end of the 24th month based on the most recent 6-month licensing history, the provider will not be able to receive referrals for new families. TWC has noted instances in which a provider would be eligible for certification following the 18th month but was not allowed to receive new referrals because of the current rule language. This rule change will allow a provider to receive new referrals if it is determined that the provider's licensing history will meet certification criteria by the end of the 24-month Entry Level period.
§809.132. Impacts on Texas Rising Star Certification
Section 809.132(a)(4) is amended to remove references to the number of high or medium-high CCR deficiencies that would place a Texas Rising Star certified provider on suspension status. The amended language states that a certified provider is placed on suspension status if the CCR deficiency points exceed the probationary status points threshold described in the Texas Rising Star guidelines.
Section 809.132(b) is amended to clarify that a provider placed on probation due to a "star level drop" will be reinstated at the provider's previous star level if CCR does not cite any additional specified star-level drop deficiencies during the probationary period. The previous rule language in §809.132(e) did not specify that the additional deficiencies must be related to the deficiencies that placed the provider on probation due to a star level drop. TWC makes this change to clarify that the additional deficiencies are related to the star level drop probationary deficiencies.
Similarly, §809.132(c) is amended to clarify that providers on probationary status due to specified probationary deficiencies and subsequently placed on a second probationary period that also included a star level drop will be reinstated at the provider's previous star level if CCR does not cite any additional probationary deficiencies during the second probationary period. The previous rule language in §809.132(e) that established this requirement did not specify that the additional deficiencies must be related to the deficiencies that placed the provider on probation.
Section 809.132(d) is amended to remove the total number of high or medium-high deficiencies required to place a certified provider on a probationary period. The amended language adds that certified providers whose total points for high or medium-high deficiencies fall within the points threshold described in the Texas Rising Star guidelines will be placed on a six-month probationary period.
Additionally, as with §809.132(c), §809.132(d) is amended to clarify that providers on a second probationary period that also included a star level drop will be reinstated at the provider's previous star level if CCR does not cite any high or medium-high deficiencies during the second probationary period. The previous rule language in §809.132(e) that established this requirement did not specify that the additional deficiencies must be related to the deficiencies that placed the provider on probation.
Section 809.132(b) through (d) is amended to reduce the licensing deficiency period from 12 months to 6 months.
TWC also makes technical changes in §809.132(c) and (d) to align applicable language in these two subsections.
TWC removes the previous §809.132(e), which stated that providers not on suspension status with a star level drop shall be reinstated at the former star level if no citations in subsections (b) through (d) are cited within six months. As explained previously, this language did not specify which deficiencies would be applicable to reinstating the provider's star level; thus, TWC has amended subsections (b) through (d) to clarify the process for reinstating a star level based on the deficiencies specific to each level of probationary status.
Section 809.132 is also amended to change "reimbursement" to "payment" to align with §809.93, which requires that providers be paid prospectively and not as a reimbursement.
§809.133. Application and Assessments for Texas Rising Star Certification
Section 809.133 is amended to remove subsection (h), which requires Boards to be responsible for the tasks assigned to the Texas Rising Star assessor entity, within their respective local workforce development areas, until the assessor entity is procured and designated by TWC. TWC has designated an assessor entity and this provision is no longer applicable.
§809.134. Minimum Qualifications for Texas Rising Star Staff
Section 809.134(a) is amended to modify the background check requirement for Texas Rising Star staff. The intent of the amended language is to clarify that the background check does not need to be conducted using the same procedures and criteria used by CCR to conduct background checks for child care providers and caregivers as required by Chapter 745 of the HHSC child care regulations, which requires a Federal Bureau of Investigation fingerprint check. The background checks required under Chapter 745 are designed for caregivers and individuals who have unsupervised contact with children in a child care facility. Texas Rising Star staff do not meet this standard and are not required to undergo this type of background check.
However, TWC continues to emphasize that Texas Rising Star staff should undergo a standard background check as part of the basic requirements for employment. The amended language requires the Board and the TWC's designated Texas Rising Star assessment entity to conduct a background check on each staff member prior to hiring and again every five years.
Section 809.134(d) is amended to clarify that TWC, rather than the three-member Commission, may grant the waiver regarding the minimum education requirements for Texas Rising Star mentors.
§809.136. Roles and Responsibilities of Texas Rising Star Staff
Section 809.136 is amended to remove the requirements for dual-role staff (that is, individuals who perform the functions of a Texas Rising Star mentor and assessor). With the separation of mentors as Board staff and assessors as staff of the designated assessment entity, the system will no longer have individuals performing dual roles, making these requirements unnecessary.
PART III. PUBLIC COMMENTS
The public comment period closed on June 17, 2024.
TWC received comments from Child Development Schools, Early Care & Education Consortium, and KinderCare Learning Companies.
COMMENT: Two commenters expressed their support for shortening the look-back period from 12 to six months and focusing disqualifying deficiencies on the most critical violations.
RESPONSE: The Commission appreciates the comments. No changes were made in response to these comments.
COMMENT: The commenters also addressed items that are typically part of Texas Rising Star guidelines. These topics include:
--Excluding any medium-high violation, especially if it is addressed at the point of infraction, to count towards their Texas Rising Star point total
--Increasing the point total when a CCS agreement is terminated
--Providing a "hold harmless" provision for all CCS agreements until the new rules become effective
--Enhancing and extending communication of Texas Rising Star status and updates
--Promoting closer alignment of Texas Rising Star with national accreditation program standards
RESPONSE: The Commission appreciates the comments. However, these Texas Rising Star topics are not addressed in TWC's Chapter 809 Child Care Services rules and are typically addressed in the Texas Rising Star guidelines. As such, these comments will be addressed during the current revisions of the Texas Rising Star guidelines. No changes were made in response to these comments.
COMMENT: The commenters recommended that TWC create a waiver and appeals process for certified providers when a provider's ability to serve CCS families is in jeopardy.
Two commenters suggested that during the appeals process TWC could establish a pre-probationary period that might allow existing CCS referrals to be maintained, but that a provider would be unable to accept new CCS referrals. This would allow providers time to remedy any issues, ensuring programs with the proper corrective action plans in place can continue to serve all children and avoid disruptions for families.
The two commenters also suggested that TWC create an extended waiver process for certified providers similar to the waiver process for entry-level providers. These waivers could be for lack of mentorship, child care deserts, underserved populations or communities, and for specific licensing considerations or point totals.
One commenter added that it would be beneficial to implement an efficient, real-time appeal and review process before a Texas Rising Star program is determined ineligible.
RESPONSE: Based on feedback from the Texas Rising Star Four-Year Review Workgroup, TWC is modifying the process for reviewing a Texas Rising Star-certified provider's CCR deficiencies from quarterly to real-time updates. TWC and TWC's Centralized Assessment Entity (the Children's Learning Institute) will access CCR's data daily and will immediately flag any certified provider whose deficiencies impact its Texas Rising Star certification status.
Regarding establishing a pre-probationary period, TWC's rule changes reduce the timeline that a child care program's licensing history will be reviewed from 12 months to six months. This change was proposed based on input from child care stakeholders. This proposed change allows a child care program to have its most recent licensing history reviewed and potentially be eligible for Texas Rising Star certification more quickly.
The Texas Rising Star program also allows for graduated impacts for certified programs, following a probationary period. This allows a certified program to remain at its certified star level despite having some CCR deficiencies before its star level is impacted from further noncompliance. If a certified child care program is unable to show continued compliance with CCR, it is ultimately placed in suspension status for up to 15 months. During this suspension status period, a child care program can be eligible for recertification if it can demonstrate six months of CCR licensing compliance.
Through these probationary periods and graduated impacts, TWC intends to allow child care programs the time to demonstrate compliance with CCR minimum standards before being determined ineligible to participate in the Child Care Services program.
Regarding appeals, TWC has an existing process for a provider that disagrees with the assessment score. Additionally, regarding licensing deficiencies, CCR has an appeals process for child care programs. TWC also notes that TWC and CLI do not impose any Texas Rising Star impacts for CCR deficiencies until CCR completes its appeals processes.
No changes were made in response to this comment.
COMMENT: One commenter suggested that staffing turnover at TWC is affecting the Texas Rising Star program. The commenter stated that staff consistency is needed for providing consistent mentoring and guidance and implementing positive program changes.
RESPONSE:
TWC acknowledges the challenges that the current labor market has with staff retention. As with many child care programs that are facing staffing challenges, TWC and Boards also are trying to recruit and retain high-quality Texas Rising Star mentors.
TWC has created a Mentor Microcredential program, which is intended to support high-quality mentoring and coaching. Additionally, mentors are required to participate in Texas Rising Star- specific training, attend monthly mentor meetings, and follow statewide protocols.
No changes were made in response to this comment.
SUBCHAPTER A. GENERAL PROVISIONS
STATUTORY AUTHORITY
The rule is adopted under:
--Texas Government Code §2308.3155(b), which provides TWC with the specific authority to adopt rules to administer the Texas Rising Star Program;
--Texas Labor Code §301.0015(a)(6) and §302.002(d), which provide TWC with the general authority to adopt, amend, or repeal such rules as it deems necessary for the effective administration of TWC services and activities.
The adopted rule relates to Title 4, Texas Labor Code, Chapter 302, and Title 10, Texas Government Code, Chapter 2308.
The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on July 9, 2024.
TRD-202403011
Les Trobman
General Counsel
Texas Workforce Commission
Effective date: July 29, 2024
Proposal publication date: May 17, 2024
For further information, please call: (512) 850-8356
The rules are adopted under:
--Texas Government Code §2308.3155(b), which provides TWC with the specific authority to adopt rules to administer the Texas Rising Star Program;
--Texas Labor Code §301.0015(a)(6) and §302.002(d), which provide TWC with the general authority to adopt, amend, or repeal such rules as it deems necessary for the effective administration of TWC services and activities.
The adopted rules relate to Title 4, Texas Labor Code, Chapter 302, and Title 10, Texas Government Code, Chapter 2308.
The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on July 9, 2024.
TRD-202403012
Les Trobman
General Counsel
Texas Workforce Commission
Effective date: July 29, 2024
Proposal publication date: May 17, 2024
For further information, please call: (512) 850-8356
40 TAC §§809.42, 809.51, 809.56
The rules are adopted under:
--Texas Government Code §2308.3155(b), which provides TWC with the specific authority to adopt rules to administer the Texas Rising Star Program;
--Texas Labor Code §301.0015(a)(6) and §302.002(d), which provide TWC with the general authority to adopt, amend, or repeal such rules as it deems necessary for the effective administration of TWC services and activities.
The adopted rules relate to Title 4, Texas Labor Code, Chapter 302, and Title 10, Texas Government Code, Chapter 2308.
The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on July 9, 2024.
TRD-202403013
Les Trobman
General Counsel
Texas Workforce Commission
Effective date: July 29, 2024
Proposal publication date: May 17, 2024
For further information, please call: (512) 850-8356
The rule is adopted under:
--Texas Government Code §2308.3155(b), which provides TWC with the specific authority to adopt rules to administer the Texas Rising Star Program;
--Texas Labor Code §301.0015(a)(6) and §302.002(d), which provide TWC with the general authority to adopt, amend, or repeal such rules as it deems necessary for the effective administration of TWC services and activities.
The adopted rule relates to Title 4, Texas Labor Code, Chapter 302, and Title 10, Texas Government Code, Chapter 2308.
The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on July 9, 2024.
TRD-202403014
Les Trobman
General Counsel
Texas Workforce Commission
Effective date: July 29, 2024
Proposal publication date: May 17, 2024
For further information, please call: (512) 850-8356
40 TAC §§809.92 - 809.94, 809.96
The rules are adopted under:
--Texas Government Code §2308.3155(b), which provides TWC with the specific authority to adopt rules to administer the Texas Rising Star Program;
--Texas Labor Code §301.0015(a)(6) and §302.002(d), which provide TWC with the general authority to adopt, amend, or repeal such rules as it deems necessary for the effective administration of TWC services and activities.
The adopted rules relate to Title 4, Texas Labor Code, Chapter 302, and Title 10, Texas Government Code, Chapter 2308.
§809.92.Provider Responsibilities and Reporting Requirements.
(a) A Board shall ensure that providers are given written notice of and agree to their responsibilities, reporting requirements, and requirements for payment under this subchapter prior to enrolling a child.
(b) Providers shall:
(1) be responsible for collecting the parent share of cost as assessed under §809.19 of this chapter before child care services are delivered;
(2) be responsible for collecting other child care funds received by the parent as described in §809.21 of this chapter;
(3) report to the Board or the Board's child care contractor instances in which the parent fails to pay the parent share of cost; and
(4) follow attendance reporting and tracking procedures required by the Commission under §809.95 of this chapter, the Board, or, if applicable, the Board's child care contractor.
(c) Providers shall not charge more than the Board's payment rate as determined under §809.21 of this chapter to parents:
(1) who are exempt from the parent share of cost assessment under §809.19 of this chapter;
(2) whose parent share of cost is calculated to be zero pursuant to §809.19 of this chapter; or
(3) parents in Child Care during Initial Job Search under §809.56 of this chapter during the initial three-month period.
(d) A Board may develop a policy that allows providers to charge parents more than the assessed parent share of cost in instances where the provider's published rate exceeds the Board's payment rate (including the assessed parent share of cost) to all parents not included in subsection (c) of this section.
(e) For Boards that allow providers to charge additional amounts pursuant to subsection (d) of this section, the Board must ensure the provider reports to the Board each month:
(1) the specific families that were charged an additional amount above the assessed amount;
(2) the frequency with which each family was charged; and
(3) the amount of each additional charge.
(f) Boards that develop a policy under subsection (d) of this section must:
(1) provide the rationale for the Board's policy to allow providers to charge families additional amounts above the required copayment, including a demonstration of how the policy promotes affordability and access for families; and
(2) describe the Board's analysis of the interaction between the additional amounts charged to families with the required parent share of cost and the ability of current payment rates to provide access to care without additional fees.
(g) Providers shall not deny a child care referral based on the parent's income status, receipt of public assistance, or the child's protective service status.
(h) Providers shall not charge fees to a parent receiving child care subsidies that are not charged to a parent who is not receiving subsidies.
The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on July 9, 2024.
TRD-202403015
Les Trobman
General Counsel
Texas Workforce Commission
Effective date: July 29, 2024
Proposal publication date: May 17, 2024
For further information, please call: (512) 850-8356
40 TAC §§809.130 - 809.134, 809.136
The rules are adopted under:
--Texas Government Code §2308.3155(b), which provides TWC with the specific authority to adopt rules to administer the Texas Rising Star Program;
--Texas Labor Code §301.0015(a)(6) and §302.002(d), which provide TWC with the general authority to adopt, amend, or repeal such rules as it deems necessary for the effective administration of TWC services and activities.
The adopted rules relate to Title 4, Texas Labor Code, Chapter 302, and Title 10, Texas Government Code, Chapter 2308.
The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on July 9, 2024.
TRD-202403016
Les Trobman
General Counsel
Texas Workforce Commission
Effective date: July 29, 2024
Proposal publication date: May 17, 2024
For further information, please call: (512) 850-8356