Sec. 13a.14.09.09. Tiered Reimbursement

A. Application for Participation.

(1) The Office shall accept an application to participate in the tiered reimbursement program only from:

(a) A registered family day care provider who is currently providing child care for at least one unrelated child; or

(b) An operator of a licensed child care center or letter of compliance facility.

(2) An applicant for tiered program participation shall make application in a form and format approved by the Office.

(3) 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.

B. Applicant Requirements-General. An applicant shall:

(1) Be currently registered or licensed by the Office of Child Care, Division of Early Childhood Development;

(2) Hold a family child care registration, child care center license, or letter of compliance that is not the subject of suspension or revocation action;

(3) Possess the appropriate level of credential for:

(a) A family child care provider; or

(b) 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;

(4) Certify that at least 15 minutes are spent daily on reading time with the children in care; and

(5) If applicable, certify that a policy is in place that bases child care staff salaries on training, experience, and staff evaluation.

C. Applicants for Tiered Reimbursement, Level 2-Special Requirements. An applicant shall:

(1) Comply with the requirements in §A(2) of this regulation;

(2) 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;

(3) Be approved at Credential Level 2;

(4) Certify that parents are involved in the program in at least two ways; and

(5) 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.

D. Applicants for Tiered Reimbursement, Level 3-Special Requirements. An applicant shall:

(1) Comply with requirements in §A(2) of this regulation;

(2) 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;

(3) Be approved at Credential Level 3;

(4) Certify that parents are involved in the program in at least four ways; and

(5) 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.

E. Applicants for Tiered Reimbursement, Level 4-Special Requirements. An applicant shall:

(1) Comply with requirements in §A(2) of this regulation;

(2) 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;

(3) Be approved at Credential Level 4;

(4) Certify that parents are involved in the program in at least six ways;

(5) 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

(6) If applicable, certify that a policy is in place that offers child care staff benefits based on training, experience, and staff evaluation.

F. 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.

G. Denial of Application for Participation.

(1) The Office may deny an application for participation in the tiered reimbursement program. Notice of the denial shall include the:

(a) Reason for the denial;

(b) Regulatory basis for the denial; and

(c) Procedures for appealing the decision.

(2) 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.

(3) 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.

(4) The Office's Training Review Committee shall:

(a) Reach a decision regarding the appeal within 30 days of receiving the appeal; and

(b) Notify the appellant in writing within 30 days after the appeal decision has been reached.

(5) 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.