(a) A regulated child care provider is eligible for initial certification under the Texas Rising Star program if the provider has a current agreement to serve Commission-subsidized children and:
  (1) has a permanent (nonexpiring) license or registration from CCR;
  (2) has at least 12 months of licensing history with CCR and does not exceed the points threshold for high and medium-high CCR deficiencies within the most recent 6-month period as established in the Texas Rising Star guidelines pursuant to §809.130(d)(4), and is not on:
    (A) corrective action with a Board pursuant to Subchapter F of this chapter;
    (B) a "Notice of Freeze" with the Commission pursuant to Texas Labor Code, Chapter 213 (Enforcement of the Texas Unemployment Compensation Act) or Chapter 61 (Payment of Wages); or
    (C) corrective or adverse action with CCR;
  (3) meets the criteria for star-level certification in the Texas Rising Star guidelines pursuant to §809.130(d) of this subchapter; and
  (4) has at minimum, a center director account registered in the Texas Early Childhood Professional Development System Workforce Registry; or
  (5) is regulated by and in good standing with the United States Military.
(b) Regulated child care providers not meeting the Texas Rising Star certification requirements described in this subchapter and established in the Texas Rising Star guidelines shall be initially designated as Entry Level if the child care provider:
  (1) is not on corrective or adverse action with CCR; and
  (2) does not exceed the points threshold for high and medium-high CCR deficiencies within the most recent 6-month period as established in the Texas Rising Star guidelines pursuant to §809.130(d)(4).
(c) A provider initially meeting the requirements in subsection (b) of this section is eligible for mentoring services through the Texas Rising Star program during the time periods described in subsections (d) - (f) of this section.
(d) A provider shall be initially designated as Entry Level for no more than 24 months unless approved for a waiver under subsection (f) of this section.
(e) An Entry Level provider will be reviewed for Texas Rising Star certification no later than the end of the 12th month of the 24-month period. Beginning on the 18th month, an Entry Level provider will be reviewed monthly for Texas Rising Star certification, and if it is determined that they will not be eligible by the end of their 24-month timeframe based on the 6-month licensing review time period (as described in subsection (a)(2) of this section), the provider shall not receive referrals for new families as an Entry Level provider, unless the provider is located in a child care desert or serves an underserved population and is approved by the Agency to accept new family referrals.
(f) The Agency may approve a waiver to extend the time limit under subsection (d) of this section if the provider is:
  (1) located in a child care desert or serves an underserved population as determined by the Agency;
  (2) unable to meet the certification requirements due to a federal or state declared emergency/disaster; or
  (3) unable to meet the certification requirements due to conditions that the Agency determines are outside the provider's control.
(g) Waivers approved under subsection (f) of this section shall not exceed a total of 36 months.

Source Note: The provisions of this §809.131 adopted to be effective February 16, 2015, 40 TexReg 708; amended to be effective January 8, 2019, 44 TexReg 114; amended to be effective January 25, 2021, 46 TexReg 593; amended to be effective October 3, 2022, 47 TexReg 6437; amended to be effective July 29, 2024, 49 TexReg 5540