200 R.I. Code R. 200-RICR-20-10-6.4

Current through December 3, 2024

Section 200-RICR-20-10-6.4 - The Approval Process

6.4.1Procedures for approval under Tier 1 and Tier 2

A. Procedures for approval include:

1. Completion and submission of an application and documentation as required by this part.

2. Upon receipt of a completed application and required documentation, reviewed by RIDE to determine compliance of the program.

3. For Tier 2 approval, an on-site visit by an authorized representative designated by the Commissioner for the purpose of providing assistance in terms of compliance matters or observing the program in action.

4. Determination by an authorized representative designated by the Commissioner that the program meets requirements for approval based on both the program's application and supporting documentation, and the on-site visit to that program as applicable.

6.4.2Types of applications

A. Prior to filing these applications, it is recommended that the applicant confer with the authorized representative designated by the Commissioner to initiate the steps required for meeting approval requirements. Types of applications include:

1. Application for Initial Approval.

a. A person desiring to open a comprehensive early childhood education program shall make formal application for approval on prescribed forms provided by the Commissioner.

b. Applications may be submitted for multi-site programs or for single-site programs. In either case, all early childhood education programs in any single site must be approved in order for the site to be approved.

c. Approval by the Commissioner is required before any program advertises itself as a comprehensive early childhood education program approved by RIDE.

2. Application for Renewal of Approval.

a. Renewal of approval must be made annually. The Commissioner will provide written notification through an authorized representative of the RIDE prior to the expiration of the current approval that a renewal application must be filed.

b. Early childhood education programs desiring renewal of approval shall make application on forms provided by the Commissioner.

c. In addition to the information required on renewal forms, the applicant program shall provide RIDE with information regarding any changes made since the date of last approval.

3. Re-Application for Approval.

a. A re-application for approval for a comprehensive early childhood education program shall meet the requirements as set forth § 6.4.2(A)(1) of this Part above. Re-application shall be filed when:

(1) There is a change in the location of the early childhood early education program;

(2) There is a major change in the original program, goals and objectives of the program and/or type of population served;

(3) There has been a previous discontinuance of the program; or

(4) The Commissioner has revoked or refused to renew the program's approval.

6.4.3Department action on applications

A. After reviewing the data collected and reported by the authorized representative designated by the Commissioner, approval action by the Commissioner shall take the form of one (1) of the following:

1. Approval.

a. A program which meets the standards will be approved, issued a certificate to operate for Tier 1 or for Comprehensive Tier 2 Approval will be listed in RIDE's Directory of Early Childhood Education Programs. Approval is for one (1) year and must be renewed annually.

(1) Certificates of approval are issued without charge by the Commissioner.

(2) A copy of the certificate of approval shall be maintained on file in the program and the certificate of approval shall be posted in a prominent place within the program.

(3) The certificate of approval will state the maximum number of children to be served in the program during any given session and the dates of validity. It will remain in force unless otherwise specified or sooner, if revoked.

(4) When the approval is in force, the Commissioner or authorized representative shall be given the right of entrance at any reasonable time, the privilege to inspect the program, and access to all records for the purpose of ascertaining compliance with these standards and investigating complaints.

(5) The approval is granted to a designated holder of the certificate of approval and limited only to the location named.

(6) An operator of a program must notify the Commissioner of major changes such as closure of service, change of name or location, change of ownership, change of program administrator or early education coordinator, major program changes, which affect the approval certificate while in force.

(7) When a program discontinues its operation, the owner or program administrator shall provide written notification to the Commissioner at least thirty (30) days prior to closure.

(8) A person, unincorporated society, association, or corporation purchasing a program shall comply with all of the requirements for securing an initial approval. An approval is not transferable or assignable.

2. Approval Variance.

a. A variance to these standards may be allowed at the discretion of the Commissioner.

b. Application for a variance shall include the following items:

(1) an identification of the standard for which the variance is requested, an explanation of the program's current status in relation to the standard in question,

(2) a justification for the variance request and a specific plan of tasks and timelines for bringing the program into full compliance with the standard.

c. Variances shall be allowed for no more than one (1) calendar year or another timeframe not to exceed five (5) years as specified by the Commissioner.

d. Renewal of the variance can be requested annually as part of the program's annual program approval renewal. A variance renewal request shall address the same items as in the initial variance request plus documentation of task, timelines and progress toward bringing the program into full compliance unless determined unnecessary by the Commissioner or authorized representative.

3. Denial of Approval.

a. If a program does not meet these standards and the applicant does not submit an acceptable application or step-by-step plan for doing so, the program will be disapproved. When such action is taken, the Commissioner shall upon written request, grant the applicant a hearing.

4. Revocation of Approval.

a. The Commissioner may consider any violation of these standards cause for the revocation of or refusal to renew the approval. A comprehensive early childhood education program approval shall be revoked for cause as specified in R.I. Gen. Laws § 16-48-5. Where approval is revoked or refused, the applicant has a right to a hearing whereby the extent of the program's compliance with these standards shall be determined.

200 R.I. Code R. 200-RICR-20-10-6.4

Amended effective 12/31/2018
Amended effective 8/13/2019