The Oklahoma Department of Human Services (OKDHS) hosted a public hearing Tuesday, allowing child care providers to comment on proposed emergency rules related to its child care subsidy and licensing programs. Providers said they’re concerned about a provision that would require certain facilities to become accredited.
The rules, released Dec. 20, serve as an update after OKDHS withdrew its initial proposal in September to gather more input. It removed portions of it, including a change that would have lowered the subsidy eligibility threshold from 85% to 70% of the state median income, making fewer families eligible.
OKDHS Director Jeffrey Cartmell said in a press release continuing the pandemic-era level of spending is unsustainable without impacts on other services. Cartmell said the department believes these updated rules represent “collaborative solutions” for Oklahoma’s child care landscape.
“The agency must balance its fiscal responsibility to taxpayers to maximize both the federal and state dollars entrusted to our agency while also ensuring minimal disruption to our partners and clients,” Cartmell said.
Child care providers expressed particular concern for a revision that would require five-star level facilities to be accredited by a national organization approved by OKDHS Child Care Services to maintain their rating.
The ratings are a part of the Quality Rating and Improvement System (or Stars Program). It awards different ratings to early childhood programs based on their abilities to meet standards related to things like curriculum, child outcomes and learning environments – allowing parents to evaluate the quality of services. The program recently moved to a five-star scale from a three-star one.
The rating system impacts how much funding a facility receives per subsidized child. OKDHS said in a draft for proposed changes to its licensing services that original projections “significantly underestimated the number of programs that would reach the highest levels.”
“While quality child care is a priority, Oklahoma should maintain the standards in a way that ensures only the highest quality programs reach the highest levels,” the draft read. “The administrative process must ensure decisions are made timely when reductions in star quality are necessary.”
There are nine accreditation groups included in the department’s drafted rule change. Programs approved for five stars before the rule effective date would have to provide proof of accreditation or accreditation application submission within 60 calendar days of its effective date. Programs applying for accreditation would have to obtain it through an approved organization by Sept. 1.
If a facility fails to accomplish either, it will face a reduction.
In the draft, OKDHS notes if this provision and other amendments aren’t implemented, the “quality of child care would be negatively impacted,” “families will not have confidence in the star rating system” and “the state will not be returned to the current budgeted amount for the child care program.”
Over 50 providers signed up to comment during the department’s hearing Tuesday. Some say they fear they’ll bear the brunt of these changes.
“This requirement that they want to force five-star centers to go back through the accreditation process cannot be done in a short timeframe,” said Kent Lynn, the owner of R Kids Childcare, a five-star facility in Bethany. “It's about a two-year process to do it. And quite frankly, I don't feel like it's in the best interest of the children.”
Aaron Forst is the owner of Granny & Dot’s Early Childhood Development Center, a five-star program in Owasso. He said his facility isn’t accredited, and pursuing it would result in additional strains on resources and finances.
The rule draft states “the costs associated with obtaining and maintaining accreditation, including application fees, training, assessments, and any other related expenses, are the sole responsibility of the child care provider.”
Forst said Oklahoma child care is already suffering from setbacks caused by the recent expiration of American Rescue Plan Act funding. That funding was used to help subsidize child care for parents and reduce co-pays.
“Oklahoma is a child care desert,” Forst said during the hearing. “We urgently need more centers to open. But the rules you're proposing will likely lead to additional closures.”
A five-star rating helped fuel raises for Kyleigh and Jeremy Tolman’s employees at Klever Kidz Academy, which has locations in McAlester and Wilburton.
“These people are going to lose salaries. And that's not right,” Jeremy Tolman said. “I sit over at that capitol all the time, and I hear constantly ‘We’re going to be top ten in this, top ten in that.’ DHS, please, let's be top ten in child care. Let’s work on this together.”
OKDHS Assistant General Counsel Susan Eads said the department will prepare and issue responses to written and verbal comments at a later date. An OKDHS spokesperson said in an email to StateImpact all public comments will be considered before the final rules are submitted to the governor’s office.
“Oklahoma Human Services is grateful for the extensive input and collaboration received to update rules and create a sustainable future for Oklahoma’s child care licensing and subsidy programs,” the spokesperson said.
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