<?xml version='1.0' encoding='utf-8'?>
<regulation prefix="Regulation" num=".09" citation="COMAR 13A.14.09.09" title_num="13A" subtitle_num="14" chapter_num="09" heading="Tiered Reimbursement.">
  <paragraph num="A.">
    <text>Application for Participation.</text>
    <paragraph num="(1)">
      <text>The Office shall accept an application to participate in the tiered reimbursement program only from:</text>
      <paragraph num="(a)">
        <text>A registered family day care provider who is currently providing child care for at least one unrelated child; or</text>
      </paragraph>
      <paragraph num="(b)">
        <text>An operator of a licensed child care center or letter of compliance facility.</text>
      </paragraph>
    </paragraph>
    <paragraph num="(2)">
      <text>An applicant for tiered program participation shall make application in a form and format approved by the Office.</text>
    </paragraph>
    <paragraph num="(3)">
      <text>The Office may not consider an application for approval until the applicant has met all requirements set forth in §§B—E of this regulation as applicable.</text>
    </paragraph>
  </paragraph>
  <paragraph num="B.">
    <text>Applicant Requirements—General. An applicant shall:</text>
    <paragraph num="(1)">
      <text>Be currently registered or licensed by the Office of Child Care, Division of Early Childhood Development;</text>
    </paragraph>
    <paragraph num="(2)">
      <text>Hold a family child care registration, child care center license, or letter of compliance that is not the subject of suspension or revocation action;</text>
    </paragraph>
    <paragraph num="(3)">
      <text>Possess the appropriate level of credential for:</text>
      <paragraph num="(a)">
        <text>A family child care provider; or</text>
      </paragraph>
      <paragraph num="(b)">
        <text>A minimum of 60 percent of lead staff, if the applicant is the operator of a child care center or a letter of compliance facility;</text>
      </paragraph>
    </paragraph>
    <paragraph num="(4)">
      <text>Certify that at least 15 minutes are spent daily on reading time with the children in care; and</text>
    </paragraph>
    <paragraph num="(5)">
      <text>If applicable, certify that a policy is in place that bases child care staff salaries on training, experience, and staff evaluation.</text>
    </paragraph>
  </paragraph>
  <paragraph num="C.">
    <text>Applicants for Tiered Reimbursement, Level 2—Special Requirements. An applicant shall:</text>
    <paragraph num="(1)">
      <text>Comply with the requirements in §A(2) of this regulation;</text>
    </paragraph>
    <paragraph num="(2)">
      <text>Initiate a program of accreditation self-study through the Maryland State Department of Education or a nationally recognized child care accreditation organization approved by the Office of Child Care, Division of Early Childhood Development;</text>
    </paragraph>
    <paragraph num="(3)">
      <text>Be approved at Credential Level 2;</text>
    </paragraph>
    <paragraph num="(4)">
      <text>Certify that parents are involved in the program in at least two ways; and</text>
    </paragraph>
    <paragraph num="(5)">
      <text>Certify that a nationally recognized rating scale approved by the Office of Child Care, Division of Early Childhood Development, that is appropriate to the setting and age of the children in care has been self-administered.</text>
    </paragraph>
  </paragraph>
  <paragraph num="D.">
    <text>Applicants for Tiered Reimbursement, Level 3—Special Requirements. An applicant shall:</text>
    <paragraph num="(1)">
      <text>Comply with requirements in §A(2) of this regulation;</text>
    </paragraph>
    <paragraph num="(2)">
      <text>Complete a program of accreditation self-study through the Maryland State Department of Education or a nationally recognized child care accreditation organization approved by the Office of Child Care, Division of Early Childhood Development;</text>
    </paragraph>
    <paragraph num="(3)">
      <text>Be approved at Credential Level 3;</text>
    </paragraph>
    <paragraph num="(4)">
      <text>Certify that parents are involved in the program in at least four ways; and</text>
    </paragraph>
    <paragraph num="(5)">
      <text>As administered by an Office of Child Care, Division of Early Childhood Development, approved evaluator, achieve a rating of four on a nationally recognized rating scale that is appropriate to the setting and ages of the children in care.</text>
    </paragraph>
  </paragraph>
  <paragraph num="E.">
    <text>Applicants for Tiered Reimbursement, Level 4—Special Requirements. An applicant shall:</text>
    <paragraph num="(1)">
      <text>Comply with requirements in §A(2) of this regulation;</text>
    </paragraph>
    <paragraph num="(2)">
      <text>Achieve program accreditation through the Maryland State Department of Education or a nationally recognized child care accreditation organization approved by the Office of Child Care, Division of Early Childhood Development;</text>
    </paragraph>
    <paragraph num="(3)">
      <text>Be approved at Credential Level 4;</text>
    </paragraph>
    <paragraph num="(4)">
      <text>Certify that parents are involved in the program in at least six ways;</text>
    </paragraph>
    <paragraph num="(5)">
      <text>Except if the program received accreditation during the previous 12-month period, and as administered by an Office of Child Care, Division of Early Childhood Development, approved evaluator, achieve a rating of five on a nationally recognized rating scale that is appropriate to the setting and age of the children in care; and</text>
    </paragraph>
    <paragraph num="(6)">
      <text>If applicable, certify that a policy is in place that offers child care staff benefits based on training, experience, and staff evaluation.</text>
    </paragraph>
  </paragraph>
  <paragraph num="F.">
    <text>A family child care provider or the operator of a child care center or letter of compliance facility may reapply annually under §A(1) of this regulation.</text>
  </paragraph>
  <paragraph num="G.">
    <text>Denial of Application for Participation.</text>
    <paragraph num="(1)">
      <text>The Office may deny an application for participation in the tiered reimbursement program. Notice of the denial shall include the:</text>
      <paragraph num="(a)">
        <text>Reason for the denial;</text>
      </paragraph>
      <paragraph num="(b)">
        <text>Regulatory basis for the denial; and</text>
      </paragraph>
      <paragraph num="(c)">
        <text>Procedures for appealing the decision.</text>
      </paragraph>
    </paragraph>
    <paragraph num="(2)">
      <text>A family child care provider or the operator of a child care center or letter of compliance facility who is denied participation in the tiered reimbursement program by the Office may request an appeal of the decision to the Office's Training Review Committee.</text>
    </paragraph>
    <paragraph num="(3)">
      <text>An applicant may appeal a denial of program participation by submitting to the Office a written appeal, on a form supplied by the Office, within 30 days of the date of application denial.</text>
    </paragraph>
    <paragraph num="(4)">
      <text>The Office's Training Review Committee shall:</text>
      <paragraph num="(a)">
        <text>Reach a decision regarding the appeal within 30 days of receiving the appeal; and</text>
      </paragraph>
      <paragraph num="(b)">
        <text>Notify the appellant in writing within 30 days after the appeal decision has been reached.</text>
      </paragraph>
    </paragraph>
    <paragraph num="(5)">
      <text>If a denial of an application for tiered reimbursement program participation is overturned on appeal to the Training Review Committee, the Office shall approve the application retroactively to the initial application date.</text>
    </paragraph>
  </paragraph>
</regulation>