Section 809.132 - Impacts on Texas Rising Star Certification(a) A Texas Rising Star-certified provider shall be placed on suspension status if the provider: (1) is placed on corrective action with a Board pursuant to Subchapter F of this chapter;(2) is under a "Notice of Freeze" with the Commission pursuant to Texas Labor Code, Chapter 213 (Enforcement of the Texas Unemployment Compensation Act) or Chapter 61 (Payment of Wages);(3) is placed on corrective or adverse action by CCR(4) exceeds the probationary status points threshold as described in the Texas Rising Star guidelines pursuant to §809.130(d)(4);(5) had more than four probationary impacts during its three-year certification period;(6) had a consecutive third probationary impact;(7) is cited for specified CCR minimum standards regarding weapons and ammunition; or(8) is not meeting at least the Two-Star level due to noncompliance with Texas Rising Star guidelines at the most recent assessment of certification.(b) Texas Rising Star-certified providers with any of the specified "star level drop" licensing deficiencies listed in the Texas Rising Star guidelines during the most recent 6-month CCR licensing history shall be placed on a six-month Texas Rising Star probationary period. Furthermore:(1) reduction of one star level for each deficiency cited, so a Four-Star certified provider is reduced to a Three-Star provider, a Three-Star provider is reduced to a Two-Star provider, and a Two-Star provider is placed on suspension status; and/or(2) if CCR does not cite any additional specified star-level drop deficiencies during the 6-month probationary period the provider shall be reinstated at the former star level.(c) Texas Rising Star-certified providers with any of the specified "probationary" licensing deficiencies listed in the Texas Rising Star guidelines during the most recent 6-month CCR licensing history shall be placed on a six-month Texas Rising Star probationary period. Furthermore:(1) Texas Rising Star-certified providers on a six-month probationary period that are cited by CCR within the probationary period for any additional specified probationary deficiencies within the probationary period shall be placed on a second, consecutive probation and lose a star level, with a Two-Star certified provider being placed on suspension status;(2) if CCR does not cite any additional specified probationary deficiencies during the probationary period, the provider can be removed from probation status and shall be reinstated at the former star level, if applicable; and(3) if any additional specified probationary deficiencies are cited by CCR during the second six-month probationary period, the provider shall be placed on suspension status.(d) Texas Rising Star-certified providers whose total points for high or medium-high deficiencies received during the most recent 6-month CCR licensing history fall within the prescribed points threshold range as described in the Texas Rising Star guidelines pursuant to §809.130(d)(4), shall be placed on a six-month Texas Rising Star program probationary period. Furthermore:(1) Texas Rising Star-certified providers on a six-month probationary period that are cited by CCR within the probationary period for any additional high or medium-high weighted deficiencies within the probationary period shall be placed on a second, consecutive probation and lose a star level, with a Two-Star certified provider being placed on suspension status;(2) if CCR does not cite any additional high or medium-high weighted deficiencies during the probationary period, the provider can be removed from probation status and shall be reinstated at the former star level, if applicable; and(3) if any additional high or medium-high weighted deficiencies are cited by CCR during the second six-month probationary period, the provider shall be placed on suspension status.(e) Certified providers in suspension status shall be eligible for a reassessment after six months following the suspension date, as long as no deficiencies described in subsections (b) - (d) of this section are cited during the previous six months.(f) Certified providers in suspension status shall achieve at least a Two-Star certification no later than 15 months following the suspension date. Failure to achieve at least a Two-Star certification within the 15-month period will result in the provider's ineligibility to provide child care services under this chapter.(g) Certified providers on suspension status: (1) shall be eligible to provide child care services under this chapter as long as the provider meets at least the Entry Level criteria described in § 809.131(b) of this chapter;(2) shall not be eligible for the enhanced payment rate and shall be paid at the Board's Entry Level rate; and(3) shall not be able to receive referrals from a new family during the last six months of the 15-month period, unless the provider is located in a child care desert or serves an underserved population and is approved by the Agency to accept new family referrals.(h) Certified providers in suspension status that fail to achieve at least a Two-Star certification by the end the 15-month suspension period: (1) are not eligible to provide child care services under this chapter;(2) are not eligible for the Entry Level designation time frame described in § 809.131(e) of this chapter;(3) are not eligible for the extension waiver described in § 809.131(f) of this chapter; and(4) must subsequently meet at least a Two-Star certification eligibility and screening requirements to provide child care services under this subchapter.40 Tex. Admin. Code § 809.132
Adopted by Texas Register, Volume 40, Number 07, February 13, 2015, TexReg 719, eff. 2/16/2015; Amended by Texas Register, Volume 44, Number 01, January 4, 2019, TexReg 0117, eff. 1/8/2019; Amended by Texas Register, Volume 45, Number 27, July 3, 2020, TexReg 4530, eff. 7/6/2020; Amended by Texas Register, Volume 46, Number 04, January 22, 2021, TexReg 0607, eff. 1/25/2021; Amended by Texas Register, Volume 47, Number 39, September 30, 2022, TexReg 6464, eff. 10/3/2022; Amended by Texas Register, Volume 49, Number 30, July 26, 2024, TexReg 5546, eff. 7/29/2024