(a) A Board shall ensure that parents are notified of the following:
  (1) Parents shall ensure that the eligible child attends on a regular basis consistent with the child's authorization for enrollment and attendance standards described in paragraph (2) of this subsection. Failure to meet attendance standards described in paragraph (2) of this subsection may result in termination for the child care due to excessive unexplained absences pursuant to subsection (d) of this section.
  (2) Meeting attendance standards for child care services consists of no more than 40 total unexplained absences in a 12-month eligibility period.
  (3) Unexplained absences may include:
    (A) Any absence that is not due to a child's documented chronic illness or disability, or to a court-ordered custody or visitation agreement; or
    (B) Any missed attendance recording that cannot be explained, except if the attendance reporting system is not available through no fault of the parent or provider.
  (4) Notwithstanding paragraph (2) of this subsection, child care providers may end a child's enrollment with the provider if the child does not meet the provider's established policy regarding attendance.
  (5) Parents shall report attendance and absences and adhere to Agency procedures for reporting attendance and absences, including the use of the Agency's attendance reporting system.
(b) Boards shall ensure that parents sign a written acknowledgment indicating their understanding of the attendance standards and reporting requirements at each of the following stages:
  (1) initial eligibility determination; and
  (2) each eligibility redetermination, as required in §809.42 of this chapter.
(c) Boards shall ensure that absences due to a child's documented chronic illness or disability or court-ordered visitation are not counted in the number of unexplained absences in subsection (a)(2) and (3) of this section.
(d) Boards shall ensure that before terminating care pursuant to subsection (a)(1) of this section, the child care contractor:
  (1) provides written notice to the parent and the child care provider at reasonable times through established communication channels of the child's absences and the potential termination of services, at a minimum as soon as practicable after child reaches 15, and 30 general absences cumulatively within a 12-month eligibility period; and
  (2) documents that multiple attempts were made, as described in paragraph (1) of this subsection, to determine why the child is absent and to explain the importance of regular attendance.
(e) Where a child's enrollment has been ended by a provider in subsection (a)(4) of this section, Boards shall work with the parent to place the otherwise eligible child with another eligible provider.

Source Note: The provisions of this §809.78 adopted to be effective January 8, 2013, 38 TexReg 155; amended to be effective October 1, 2016, 41 TexReg 7529; amended to be effective August 1, 2018, 43 TexReg 4744; amended to be effective October 3, 2022, 47 TexReg 6437