Current through Vol. 42, No. 1, September 16, 2024
(a)
Purpose. The quality rating
and improvement system (QRIS) provides a framework for building strong early
care and education programs. This systematic approach assesses, improves, and
communicates quality levels in early care and out-of-school time education
programs. The QRIS quality components include:
(1) management and administration;
(2) workforce qualifications and professional
development;
(3) learning and
development;
(4) family
partnerships; and
(5) program
evaluation and continuous quality improvement.
(b)
Criteria for child care centers and
homes certification levels. The certification process and quality rating
and improvement criteria for child care programs are described in Oklahoma
Administrative Code (OAC)
340:110-1-8.3 through
340:110-1-8.11.
(c)
Request for star certification
process. The process in (1) through (4) of this subsection is required
for certification.
(1)
One-star center
and home criteria. A program operating on a permit or license is
automatically designated as a one-star program.
(2)
Two-star center and home
criteria. For approval as a two-star program, the owner and director or
primary caregiver, when applicable, complete and submit Form 07LC025E, Request
for Child Care Center Star Certification, or Form 07LC027E, Request for Family
Child Care Home Star Certification, and:
(A)
meet all criteria described in (b) of this Section; and
(B) when licensed as a child care center,
meet at least the minimum number of master teachers as required, per star level
and are not eligible for master teacher probationary periods.
(3)
Three-star center and
home criteria. For approval as a three-star program, the owner and
director or primary caregiver, when applicable, complete and submit the
appropriate request for star certification, and meet:
(A) all star criteria described in (b) of
this Section; or
(B) Licensing
status and compliance, per OAC
340:110-1-8.4, and provide
documentation the program is:
(i) accredited
by a Child Care Service (CCS)-approved national accrediting organization;
or
(ii) a Head Start grantee and
compliant with Head Start Program Performance Standards.
(4)
Four- and five-star
center and home criteria. For approval, the owner and director or
primary caregiver, when applicable, must complete and submit the appropriate
request for star certification and:
(A) meet
all criteria described in (b) of this Section; or
(B) meet all criteria described in OAC
340:110-1-8.3 through
340:110-1-8.10 and specified
criteria described in OAC
340:110-1-8.11; and be:
(i) accredited by a CCS-approved national
accrediting organization; or
(ii) a
Head Start grantee and compliant with Head Start Program Performance
Standards.
(d)
Effective June 1, 2022.
Programs certified as one-star plus or higher prior to June 1, 2022, are
required to reapply for star level certifications.
(1) Applications must be received by December
1, 2022.
(2) On January 1, 2023,
programs will be reassigned;
(A) the
appropriate star level based on the criteria being met; or
(B) a one-star level when an application is
not received by December 1, 2022.
(e)
Center and home certification
approval. The procedures in this subsection are followed for initial
approval and requests for higher star certification level.
(1) The owner and director or primary
caregiver, when applicable, submit the appropriate request for star
certification and required documentation to CCS.
(2) The stars outreach specialist determines
when certification criteria are met by reviewing the case file and submitted
documentation. When it has been four months since the last monitoring visit,
the stars outreach specialist requests Licensing staff conducts a
full-monitoring visit. Prior to approval, the stars outreach specialist reviews
all information consulting with Licensing staff and the stars program
administrator or designee as needed.
(A) The
monitoring visits and substantiated complaints for the last 24 months of
operation are reviewed for criteria compliance determination. The request may
be denied when the program has:
(i) numerous,
repeated, or serious non-compliance, per OAC
340:110-1-8.4;
(ii) a single serious incident resulting in
injury or imminent risk of harm to a child within the 24-month
period;
(iii) an Emergency Order or
notice of proposed request for license denial or license revocation
issued;
(iv) a serious
substantiated complaint;
(v) failed
to employ a qualified director for six months or more; or
(vi) a consent agreement, per OAC
340:110-1-9.5.
(B) When the program meets the
criteria, the stars outreach specialist provides a letter confirming the
approval and the effective date, and updates the database. When numerous,
repeated, or serious non-compliance was identified during case review for the
star certification request, the letter states these non-compliances are
considered, and may result in star certification reduction when subsequent
serious non-compliances occur.
(C)
When the program fails to meet the criteria, the stars outreach specialist
provides a letter identifying criteria not met. The request for star
certification is also reviewed determining when another star certification
level can be met and updating the database accordingly.
(D) The owner and director or primary
caregiver, when applicable, may reapply when criteria are met. When the request
for a higher star certification level is denied due to numerous, repeated, or
serious non-compliance with Licensing requirements, the program is not approved
for a higher star certification level prior to six months after the program
receives the denial letter by certified mail. The regional programs manager
(RPM) may reduce the six-month waiting period based on case file evaluation,
corrective action written documentation, and Licensing staff observation and
documentation of substantial compliance improvement. The RPM provides the
program written notification regarding reduced timeframes.
(E) The owner may withdraw the request for
star certification prior to denial.
(F) The owner may request a reduction in star
certification level. The request is made in writing to CCS. Quality rating and
improvement system (QRIS) personnel or the designee provides a letter to the
owner documenting the reduction request, including the new star certification
level effective date, and updates the database with the program's new star
certification level. A reduction request does not constitute a reduction in
star certification level, per (h) of this Section, and the right to request an
administrative review is waived.
(f)
Complaint investigations.
Pending complaint investigations may impact star certification request
approval.
(g)
Ongoing
review. The procedures in this subsection are followed for ongoing
review.
(1)
Program notification to
CCS. The owner, director, or primary caregiver is required to notify CCS
within five program-business days of changes affecting the program's star
certification level. The case is reviewed by Licensing staff, determining
whether criteria continue being met.
(2)
Periodic certification
reviews. Licensing staff completes a minimum of three reviews annually.
The three reviews consist of two partial- and one full-star certification
criteria reviews.
(A) For programs having a
licensed capacity of fifty or more, the annual criteria review may be scheduled
at least one week in advance, when requested by the program owner or
director.
(B) Programs:
(i) operating less than a full-year or having
a cooperative licensing agreement with a tribal program are required to have a
minimum of one partial- and one full-star certification reviews annually;
and
(ii) exempt from state
licensure including federal or tribal programs, have all applicable stars
criteria reviewed at least annually.
(3)
Master teacher change. When
an individual not meeting master teacher educational qualifications replaces a
master teacher:
(A) Form 07LC031E,
Probationary Master Teacher Agreement, is completed;
(B) the probationary master teacher is
granted a one-year probationary period to fulfill the master teacher
educational qualifications per applicable QRIS criteria; and
(C) Licensing may extend the probationary
period for a second year, providing the probationary master teacher is actively
pursuing educational qualifications as identified on Form 07LC031E.
(4)
Non-compliance.
The star certification level of a program may be reduced, when a program has:
(A) serious non-compliance with Licensing
requirements, within a 24-month period;
(B) a serious incident resulting in injury or
imminent risk of harm to a child;
(C) an Emergency Order or notice of proposed
request for license denial or license revocation issued;
(D) a serious substantiated
complaint;
(E) failed to employ a
qualified director for six months or more; or
(F) other star certification criteria
violations.
(5)
Violations. When violations of certification criteria are
documented, or the program notifies CCS of criteria changes, the procedures in
(A) through (E) of this paragraph are followed.
(A) Licensing staff provides written
notification documenting the violations, including a statement that a reduction
in the star certification level may occur, when the program has:
(i) serious non-compliances with Licensing
requirements;
(ii) a serious
incident occurs resulting in injury or imminent risk of harm to a
child;
(iii) an Emergency Order or
notice of proposed request for license denial or license revocation
issued;
(iv) a serious
substantiated complaint;
(v) failed
to employ a qualified director for six months or more; or
(vi) star criteria violations not corrected
in the agreed on time frame.
(B) Licensing staff documents a plan of
correction indicating a specific agreed on correction time frame:
(i) for each star criteria violation
documented during a criteria review; or
(ii) when a program notifies Licensing of
star criteria violations.
(C) When previous star criteria violations
were not corrected in the agreed on time frame, an additional plan of
correction may be documented indicating a reduced correction time
frame.
(D) When the program fails
to meet additional plans of correction, Licensing staff may submit a referral
for star certification reduction or notify the program of a request for
extension of time to comply, including timeframes.
(E) When the program does not apply for an
extension of time to comply, there is no acceptable plan of correction;
Licensing staff may submit a referral for star certification
reduction.
(6)
Follow-up of star criteria violations. Licensing staff is
responsible for verifying star certification criteria violations are corrected
as determined by the approved plan of correction.
(7)
Written notice. Licensing
staff provides written notice that star certification criteria are not being
met, when a program has:
(A) serious
non-compliance with requirements, per OAC
340:110-1-8.4;
(B) a serious incident resulting in injury or
imminent risk of harm;
(C) a
serious, substantiated complaint;
(D) failed to employ a qualified director for
six months or more; or
(E) star
criteria violation.
(h)
Extension of time to comply.
(1) A request for an extension of time to
comply may be submitted when violations of star criteria cannot be corrected
within the agreed on plan of correction time frame.
(2) A request for an extension of time to
comply to meet Licensing requirements, such as director qualifications, is not
approved.
(3) The owner, director,
or primary caregiver submits Form 07LC074E, Request for Extension of Time to
Comply, no later than 10-calendar days after the plan of correction
expires.
(4) The decision to
approve or deny an extension of time to comply is made by the stars program
administrator or designee. One or more discretionary extensions of time to
comply may be granted. Approval of an extension of time to comply does not set
a precedent and each request is independently evaluated. The owner and director
or primary caregiver, when applicable, is notified in writing of the
decision.
(i)
Reduction in star certification levels.
(1) A reduction occurs when CCS issued a
written Emergency Order or notice of proposed request for license denial or
license revocation.
(2) A reduction
may occur, when the program has:
(A) numerous,
repeated, or serious non-compliance with Licensing requirements within a
24-month time frame;
(B) a serious
incident resulting in injury or imminent risk of harm to a child;
(C) a serious, substantiated
complaint;
(D) violations not
corrected within the agreed on time frame; or
(E) failed to employ a qualified director for
six months or more.
(3)
The procedures in this subsection are followed when a reduction is warranted.
(A) Licensing staff reviews the case with the
supervisor and RPM. The decision to make a referral to the stars program
administrator or designee is made by the RPM and referrals are made in writing
to the stars program administrator or designee. The RPM may offer or accept a
request from the owner of a licensed program for an alternative settlement in
lieu of reduction. The alternative settlement documents how the program will go
above and beyond minimum Licensing requirements and ensure a higher standard or
quality of care. It is the RPM's decision to accept or deny the alternative
settlement.
(B) When a reduction is
warranted, the stars program administrator or designee provides the owner and
director or primary caregiver, when applicable, a letter sent by certified mail
documenting the reduction in star certification level and notifying the program
of the right to request an administrative review of the decision.
(C) The certified mail delivery receipt card
is addressed to return to the CCS director or designee.
(D) In order to receive an administrative
review, the owner submits a written request to the CCS director or designee
within 15-calendar days of reduction notification letter receipt.
(E) The request includes written
documentation stating the program's grounds for administrative
review.
(4) QRIS
personnel or a designee updates changes in the star certification level and
payment rate following verification of certified letter receipt and the
administrative review, when requested.
(5) The administrative review process
includes determining when a star certification level reduction was in
accordance with Oklahoma Human Services (OKDHS) rules and substantially
supported by the evidence. The procedures in (A) through (C) of this paragraph
are followed when an administrative review is requested.
(A) Within 30-calendar days of receiving the
request for an administrative review, a letter is provided notifying the owner
and program of the administrative review. Prior to the administrative review,
the owner is provided at least a 14-calendar day written notice. All
correspondence indicates the administrative review date, time, and location.
The owner may submit written documentation prior to, or at the beginning of the
administrative review, with copies provided to all representatives.
(B) The administrative review panel:
(i) provides review;
(ii) consists of one OKDHS staff not involved
in the decision to reduce the star certification level; and
(iii) includes two Child Care Advisory
Committee (CCAC) members, one being a center owner or operator, per OAC
340:110-1-17.
(C) The stars review panel makes a
determination affirming or reversing the CCS decision at the administrative
review. Time constraints or the complexity of issues may require the panel to
take a matter under advisement. The determination decision is completed within
10-calendar days from the panel review date.
(6) The owner and director or primary
caregiver, when applicable, may reapply for a higher star certification level
when criteria are met. When the star certification level is reduced due to
serious non-compliance with Licensing requirements, the program is not approved
for a higher star certification level for six months after receiving the
reduction letter, sent by certified mail.
(j)
Change in ownership. When
there is a change in program ownership or form of business entity, the case is
closed and the star certification level is removed, unless otherwise
determined, per OAC
340:110-1-9. For approval as a
higher star certification level, the new owner and director or primary
caregiver, when applicable, completes and submits the appropriate star
certification request, meeting all the criteria applicable to the requested
star certification level.
(k)
Transitional change of ownership. When a program requests a
transitional change of ownership (1) through (7) of this subsection are
followed.
(1) Licensing staff conducts a
full-star criteria review within five-OKDHS business days:
(A) verifying all applicable criteria are
met; and
(B) obtaining the
appropriate request for star certification completed by the prospective owner
and director or primary caregiver, when applicable.
(2) The stars outreach specialist reviews the
request for star certification completed by the prospective owner and verifies
star level certification criteria are met, per (d) of this Section.
(3) Transitional change of ownership
procedures are followed, per OAC
340:110-1-9.
(4) Periodic and ongoing criteria reviews are
conducted and maintained, per (f) of this Section.
(5) All star certification criteria reviews
and correspondence are provided to both the current and prospective
owners.
(6) Change of ownership
procedures are followed, per (i) of this Section by the end of 90-calendar
days, when applicable.
(7) When
programs notify Licensing that transitional change of ownership is no longer
proceeding, Licensing staff verifies program operation status and consults with
the supervisor for appropriate action.
(l)
Inactive status. When a
program is determined inactive, per OAC
340:110-1-9, all applicable star
certification criteria is reviewed prior to resuming care.
(m)
Address change. When the
program's address changes, Licensing staff completes the appropriate star
certification review, verifying compliance with criteria at the new address.
Licensing staff determines when a partial- or full-star certification review is
conducted.
(n)
Record-keeping. Periodic certification review, request forms, and
supporting documentation are maintained in the case file or in a separate
open-record file. Any confidential information, including children's
photographs is maintained, per OAC
340:110-1-14.
Added at 15 Ok Reg
1204, eff 2-1-98 (emergency); Added at 15 Ok Reg 1727, eff 5-11-98; Amended at
15 Ok Reg 3491, eff 8-1-98 (emergency); Amended at 16 Ok Reg 3491, eff 8-1-98
(emergency); Amended at 16 Ok Reg 1080, eff 4-26-99; Amended at 16 Ok Reg 2527,
eff 7-1-99; Amended at 16 Ok Reg 3511, eff 7-13-99 (emergency); Amended at 17
Ok Reg 3104, eff 7-1-00 (emergency); Amended at 18 Ok Reg 2607, eff 6-26-01;
Amended at 19 Ok Reg 236, eff 1-1-02 (emergency); Amended at 19 Ok Reg 2274,
eff 6-27-02; Amended at 20 Ok Reg 1259, eff 6-1-03; Amended at 21 Ok Reg 910,
eff 6-1-04; Amended at 22 Ok Reg 1304, eff 6-1-05; Amended at 23 Ok Reg 1092,
eff 6-1-06; Amended at 24 Ok Reg 1351, eff 7-1-07; Amended at 25 Ok Reg 1962,
eff 7-1-08; Amended at 26 Ok Reg 415, eff 11-20-08 (emergency); Amended at 26
Ok Reg 2239, eff 7-1-09; Amended at 27 Ok Reg 1869, eff 7-1-10; Amended at 29
Ok Reg 1229, eff 7-1-12
