Axiom Foundation

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us/statute/42/9858c/c/4 — Payment rates · Axiom

(B)Survey#

The State plan shall—

(i) demonstrate that the State has, after consulting with the State Advisory Council on Early Childhood Education and Care designated or established in section 642B(b)(1)(A)(i) of the Head Start Act ( 42 U.S.C. 9837b(b)(1)(A)(i) ), local child care program administrators, local child care resource and referral agencies, and other appropriate entities, developed and conducted (not earlier than 2 years before the date of the submission of the application containing the State plan) a statistically valid and reliable survey of the market rates for child care services in the State (that reflects variations in the cost of child care services by geographic area, type of provider, and age of child) or an alternative methodology, such as a cost estimation model, that has been developed by the State lead agency;

(ii) demonstrate that the State prepared a detailed report containing the results of the State market rates survey or alternative methodology conducted pursuant to clause (i), and made the results of the survey or alternative methodology widely available (not later than 30 days after the completion of such survey or alternative methodology) through periodic means, including posting the results on the Internet;

(iii) describe how the State will set payment rates for child care services, for which assistance is provided in accordance with this subchapter— (I) in accordance with the results of the market rates survey or alternative methodology conducted pursuant to clause (i); (II) taking into consideration the cost of providing higher quality child care services than were provided under this subchapter before November 19, 2014 ; and (III) without, to the extent practicable, reducing the number of families in the State receiving such assistance to carry out this subchapter, relative to the number of such families on November 19, 2014 ; and

(iv) describe how the State will provide for timely payment for child care services provided under this subchapter.

(B)(i)#

demonstrate that the State has, after consulting with the State Advisory Council on Early Childhood Education and Care designated or established in section 642B(b)(1)(A)(i) of the Head Start Act ( 42 U.S.C. 9837b(b)(1)(A)(i) ), local child care program administrators, local child care resource and referral agencies, and other appropriate entities, developed and conducted (not earlier than 2 years before the date of the submission of the application containing the State plan) a statistically valid and reliable survey of the market rates for child care services in the State (that reflects variations in the cost of child care services by geographic area, type of provider, and age of child) or an alternative methodology, such as a cost estimation model, that has been developed by the State lead agency;

(B)(ii)#

demonstrate that the State prepared a detailed report containing the results of the State market rates survey or alternative methodology conducted pursuant to clause (i), and made the results of the survey or alternative methodology widely available (not later than 30 days after the completion of such survey or alternative methodology) through periodic means, including posting the results on the Internet;

(B)(iii)#

describe how the State will set payment rates for child care services, for which assistance is provided in accordance with this subchapter—

(I) in accordance with the results of the market rates survey or alternative methodology conducted pursuant to clause (i);

(II) taking into consideration the cost of providing higher quality child care services than were provided under this subchapter before November 19, 2014 ; and

(III) without, to the extent practicable, reducing the number of families in the State receiving such assistance to carry out this subchapter, relative to the number of such families on November 19, 2014 ; and

(B)(iii)(I)#

in accordance with the results of the market rates survey or alternative methodology conducted pursuant to clause (i);

(B)(iii)(II)#

taking into consideration the cost of providing higher quality child care services than were provided under this subchapter before November 19, 2014 ; and

(B)(iii)(III)#

without, to the extent practicable, reducing the number of families in the State receiving such assistance to carry out this subchapter, relative to the number of such families on November 19, 2014 ; and

(B)(iv)#

describe how the State will provide for timely payment for child care services provided under this subchapter.

(C)Construction#

(i) No private right of action Nothing in this paragraph shall be construed to create a private right of action if the State acted in accordance with this paragraph.

(ii) No prohibition of certain different rates Nothing in this subchapter shall be construed to prevent a State from differentiating the payment rates described in subparagraph (B)(iii) on the basis of such factors as— (I) geographic location of child care providers (such as location in an urban or rural area); (II) the age or particular needs of children (such as the needs of children with disabilities and children served by child protective services); (III) whether the providers provide child care services during weekend and other nontraditional hours; or (IV) the State’s determination that such differentiated payment rates may enable a parent to choose high-quality child care that best fits the parent’s needs.

(C)(i)No private right of action#

Nothing in this paragraph shall be construed to create a private right of action if the State acted in accordance with this paragraph.

(C)(ii)No prohibition of certain different rates#

Nothing in this subchapter shall be construed to prevent a State from differentiating the payment rates described in subparagraph (B)(iii) on the basis of such factors as—

(I) geographic location of child care providers (such as location in an urban or rural area);

(II) the age or particular needs of children (such as the needs of children with disabilities and children served by child protective services);

(III) whether the providers provide child care services during weekend and other nontraditional hours; or

(IV) the State’s determination that such differentiated payment rates may enable a parent to choose high-quality child care that best fits the parent’s needs.

(C)(ii)(I)#

geographic location of child care providers (such as location in an urban or rural area);

(C)(ii)(II)#

the age or particular needs of children (such as the needs of children with disabilities and children served by child protective services);

(C)(ii)(III)#

whether the providers provide child care services during weekend and other nontraditional hours; or

(C)(ii)(IV)#

the State’s determination that such differentiated payment rates may enable a parent to choose high-quality child care that best fits the parent’s needs.