|(a) Child care funds allocated by the Commission pursuant
to its allocation rules (generally, Chapter 800, General Administration,
Subchapter B, Allocation and Funding, and specifically §800.58,
Child Care), including local public transferred funds and local private
donated funds, as provided in §809.17, to the extent they are
used for nondirect care quality improvement activities, may be expended
on any quality improvement activity described in 45 CFR §98.51.
These activities may include, but are not limited to:
(1) activities designed to provide comprehensive consumer
education to parents and the public;
(2) activities that increase parental choice; and
(3) activities designed to improve the quality and
availability of child care.
(b) Boards must ensure compliance with 45 CFR §98.54(b)
regarding construction expenditures, as follows:
(1) State and local agencies and nonsectarian agencies
(A) Funds shall not be expended for the purchase or
improvement of land, or for the purchase, construction, or permanent
improvement of any building or facility.
(B) Funds may be expended for minor remodeling, and
for upgrading child care facilities to ensure that providers meet
state and local child care standards, including applicable health
and safety requirements.
(2) Sectarian agencies or organizations.
(A) The prohibitions in paragraph (1) of this subsection
(B) Funds may be expended for minor remodeling only
if necessary to bring the facility into compliance with the health
and safety requirements established pursuant to 45 CFR §98.41.
(c) Expenditures certified by a public entity, as provided
in §809.17(b)(3), may include expenditures for any quality improvement
activity described in 45 CFR §98.51.
(d) Boards shall ensure that an assessment is conducted
for any provider requesting TRS Provider certification pursuant to
Texas Government Code §2308.316. Prior to conducting the assessment,
Boards shall ensure that the provider has a current agreement to serve
Commission-funded children; and
(1) has the appropriate permanent license or registration
from, and is not on corrective or adverse action with, DFPS; or
(2) is regulated by the military.
(e) Boards shall ensure that TRS Provider certification
is granted for any provider that is assessed and verified as meeting
the TRS Provider certification criteria.