Background:

Senate Bill 316 of the 129^th General Assembly created Division 5104.31(C) of the Ohio Revised Code (ORC) which states that beginning July 1, 2020, publicly funded child care (PFCC) can only be provided if the provider is a rated Step Up To Quality (SUTQ) program established pursuant to section 5104.29 ORC. The SUTQ standards are outlined in Chapter 5101:2-17 of the Ohio Administrative Code (OAC).

Current SUTQ rules outlined in Chapter 5101:2-17 of the OAC, require the following:

• A licensed program is not eligible to register for a star rating if the program operates only in the summer or during non-traditional hours or has a suspended license.
• A star rating is discontinued if a program is in temporary closure status for more than ninety days. Currently, the program cannot request to reinstate the rating until after the license is reopened.
• A licensed program that has a SUTQ rating reduced shall not register for a new rating until six months after the new rating begin date. A licensed program that has a SUTQ rating removed shall not begin an initial registration until twelve months from the date of removal.

New policy:

Am. Sub. HB 166 of the 133^rd General Assembly created exemptions in Section 5104.31 of ORC for the SUTQ requirement for July 1, 2020. The SUTQ rules have been amended to allow for SUTQ registrations as appropriate for each exemption. These changes will assist programs in preventing a gap in service for PFCC provided to eligible children.

The following rules have been amended:

Rule 5101:2-17-02 OAC " 'Step Up To Quality' (SUTQ): eligibility for registration" sets forth the requirements for programs to register for Step Up To Quality. It has been amended to allow a licensed program that operates only in the summer or during non-traditional hours or has a temporary closure to register for SUTQ. These programs were previously not eligible to register for SUTQ.

Rule 5101:2-17-03 OAC " 'Step Up To Quality' (SUTQ): desk reviews, on-site verification visits and star rating awards" describes the requirements for desk reviews and rating awards. It has been amended to clarify that a licensed program whose license is in temporary closure will need to request a reinstatement of its star rating prior to the reopening of the license, to avoid a gap in providing PFCC services. Reinstatement of the star rating will be effective the same date as the license reinstatement.

Rule 5101:2-17-04 OAC " 'Step Up To Quality' (SUTQ): changes, renewals, removals, or requests to withdraw a SUTQ rating" gives the requirements for when a rating can be changed, renewed or removed. It has been amended to make clarifications to the process for the change, renewal, removal or program request to withdraw a SUTQ rating. 

• When a rated program does not meet the program standards based on the information provided in the annual report, the star rating may be reduced or removed pursuant to paragraph (F)(3) of this rule.
• A program shall not be awarded another rating for six months after the new rating begin date if the program receives a SUTQ rating reduction, including reduction to a zero rating. Currently these programs cannot begin a registration until six months after a rating reduction.
• A program shall not be awarded a star rating for twelve months from the date of a SUTQ rating removal. Currently these programs cannot begin a registration until twelve months after a rating removal.
• For programs with an agreement to provide publicly funded child care and meet an exemption from SUTQ pursuant to Chapter 5101:2-16 of the Administrative Code, registration submissions should be made in a timely manner to avoid a gap in providing PFCC services.
• A program currently meeting a time-limited exemption will need to submit a registration between one hundred eighty days and ninety days prior to the expiration of the exemption to avoid a gap in providing PFCC services. This includes a reduction or removal pursuant to paragraph (F) of this rule as well as a program at the end of its provisional license period.
• A program no longer meeting any of the other exemption criteria will need to submit a registration within thirty days to avoid a gap in providing PFCC services.

Implementation:

Implementation details are available in Provider Technical Assistance Letter No. 25.

Please contact the Child Care Policy Help Desk at 1-877-302-2347, option 4, if you have any questions.