Dear CCDF Participant:

Because of changes to the Federal Child Care Development Block Grant which supports child care assistance for eligible
families, changes will be made to the Child Care and Development Fund (CCDF) Participant Agreement effective August 21,
2024. Providers who wish to continue participation in the CCDF program and continue to accept vouchers are required to agree
to the changes in the Participant Agreement.These changes are included in the new Participant Agreement and can be found on
our website at https://dese.ade.arkansas.gov/Offices/office-of-early-childhood/financial-assistance-and-resources-for-providers.

The new changes include:

SECTION III: DEPARTMENT OF EDUCATION RESPONSIBILITIES

10.The LEARNS Act (Act 237) requires the Department of Education to establish Academic Approval for each early learning
center receiving public funds

SECTION IV: PARTICIPANT RESPONSIBILITIES: A. GENERAL REQUIREMENTS

15.The Participant agrees to adhere to the requirements of Unified Early Childhood Care and Education Systems
(UECCES) regarding participation in:

  • Kindergarten readiness (accountability)
  • Local Early Childhood Lead Organization and all associated activities (e.g., child count, coordinated
    enrollment, information campaign, etc.) as they are available in every community.

SECTION IV: PARTICIPANT RESPONSIBILITIES: B. INITIAL APPROVAL

8. The Participant may hire a CCDF Program recipient as a caregiver. However, the recipient may not provide direct care to their
own children as a primary caregiver in the classroom.

SECTION IV: PARTICIPANT RESPONSIBILITIES: C. TRAINING

2. Any billing discrepancies and/or non-compliance may warrant additional training for participants and key staff at the
discretion of ADE. See Section V for CAP requirements and process.

SECTION IV: PARTICIPANT RESPONSIBILITIES: E. BILLING AND FINANCIALS

8. Attendance records must be presented when requested by OEC staff or authorized representatives within approximately
twenty-four (24) hours of the request unless otherwise specified. Attendance records must follow the guidelines listed in this
agreement. In some circumstances, a billing hold may be implemented to allow attendance records to be verified and may be
released after all billing discrepancies have been resolved.

11. OEC will permit billing when the facility is closed due to inclement weather (See definition of Inclement Weather) or due to
exceptional or emergency circumstances, if allowable through the designated Federal or State funding source and billed in
accordance with the requirements set out below

  • OEC realizes that facilities may be forced to close due to inclement weather. OEC allows Participants to bill for
    those operational days lost due to severe weather conditions; however, the policy may only be applied when
    public schools in the Participant's area have been forced to close or whenever other extraordinary weather-
    related conditions exist.
    • Participants who bill inclement weather must maintain documentation of the reason for closure
      such as print out from school district’s website, notices regarding school closure, etc. This does
      not mean that a Participant must close when local schools close.
  • Exceptional or emergency circumstances exist whenever it can be demonstrated that clients were unable to reach
    the premises, or the Participant could not open due to circumstances beyond the control of the Participant. This
    does not mean that a Participant must close when local schools close.
  • Participants who bill inclement weather for exceptional or emergency circumstances must obtain pre-approval
    from the OEC CCDF Program Administrator prior to billing “Inclement,” and must maintain documentation of
    the closure on file.

12. OEC recognizes that early departure/late arrival occurs for children in care. OEC agrees to pay the normal daily rate
when a child is picked up earlier than usual. For instance, if a child is scheduled for full-time but only attends part-time
on a day because of a doctor’s appointment, etc., OEC will pay the full-time rate since that is the normal time of
attendance. These days will not be billed as absentee days.

  • If the temporary situation of early departure exists longer than two (2) consecutive weeks, the Participant must
    report the care type change to OEC so that a new authorization with the correct care type shall be written.
  • ADE will not permit billing Full Time for school age children during regular school session.
  • OEC shall notify Participants when a child becomes ineligible for continued payment

13. The Participant agrees to have an annual audit if required by this Agreement. If Participant receives $750,000 or more
in federal funds the Participant shall provide an annual audit in compliance with Circular A-133. If Participant receives
$100,000 or more in federal, state, or a combination of state and federal funds, the Participant shall provide an annual
audit in compliance with Government Auditing Standards (GAS). Audits must be submitted to the Department within
120 days of the end of the Participant’s previous Fiscal Year. Failure to submit the required annual audit will result in
the Participant losing the privilege to participate in the child care assistance program until the issue is resolved and may
result in the Participant's exclusion from all OEC programs. (Notice will be provided in writing with specific
timeframes for submission of the audit.) Whether an audit is required or not, all financial information will be readily
available for any review conducted by an authorized OEC representative.

14. (15) The Participant must demonstrate financial viability and administrative capability. The Participant is responsible
for the payment of all debt. Garnishments, liens, levies, etc. may result in termination of this Agreement.

H: Anti-Lobbying Act (3) C:

Certification Regarding Debarment, Suspension, Ineligibility, and Voluntary Exclusion - Lower Tier Covered
Transactions

  • Pursuant to federal Executive Order 12549, the prospective lower tier participant (the Participant)
    certifies by submission of this proposal (this Agreement) to the best of its knowledge and belief that
    neither it nor its principals are presently debarred, suspended, proposed for debarment, declared
    ineligible, or voluntarily excluded from participation in this transaction by any Federal department or
    agency.
  • Where the prospective lower tier Participant (the Participant) is unable to certify to any of the above,
    such prospective participant shall attach an explanation to this proposal.
  • Participant will return a signed and dated copy of the Certification Regarding Lobbying Form with this
    initial Agreement and recertify annually.

I. Suspensions/Expulsions (Behavior Help Program)

ADE may suspend new authorizations for reimbursement if the Participant is out of compliance with the above. Failure to
follow the procedure as outlined may result in termination of the CCDF Program Participant Agreement.

Section V: Program Violations

           A. Corrective Action Process

Any non-compliance with the Participant Agreement may require a Corrective Action Plan (CAP). If required, the below process
will be followed:

  1. Notice of Action sent to Participant requesting a Corrective Action Plan (CAP).
  2. Participant has fifteen (15) calendar days from the date on the Notice of Action to appeal or comply with submitting a
    CAP.
    1. Failure to Submit
      • If on the 16th day after the 1st NOA was sent and the CCDF Program Participant has not submitted the
        required CAP or an appeal, a 2nd Notice of Action/Notice of Billing Hold will be sent to the provider
        with 15 days to respond.
      • If on the 16th day after the 2nd NOA was sent and the CCDF Program Participant has not submitted the
        required CAP or an appeal, OEC will send a Letter of Proposed Termination with fifteen (15) days to
        appeal.
    2. Denied CAP
      • OEC shall send a letter of denial to the CCDF Program Participant.
      • CCDF Program Participant has 15 calendar days to submit a new CAP.
      • If CAP is still denied, OEC will send a Letter of Proposed Termination with fifteen (15) days to appeal.
    3. Approved CAP
      • Follow-up review of the CCDF Program Participant shall be conducted no sooner than ninety (90)
        calendar days to ensure compliance.
      • If the facility is still out of compliance, OEC will send a Letter of Proposed Termination with fifteen
        (15) days to appeal.
  3. While under a CAP, ADE may not allow new Certificates of Authorization for clients enrolled after a CAP is implemented
    at any site location(s) associated with the responsible party. Authorizations may resume for new clients once the Participant
    is determined to be in good standing with the Department and all aspects of this Agreement.

              B. Recoupment Process

If responsible for an overpayment, the Participant may request a payment plan from OEC or submit payment in full to ADE
Finance.

  1. If an improper payment is identified, OEC will send a First Notice of Action (NOA) to the Participant reflecting the
    amount of the improper payment. The Participant must remit full repayment, request a repayment agreement, or file an
    appeal within fifteen (15) calendar days. For information regarding appeals, see Section VII of this Agreement.
    1. Submission of Payment
      • All Participants responsible for improper payments must submit payment via cashier’s check or money
        order to ADE Finance at the address given in the Notice of Action demanding repayment.
      • All payments must be submitted within fifteen (15) calendar days, or according to the terms outlined in
        the Participant’s Repayment Agreement.
      • If a check is returned for insufficient funds, the Participant’s account will go on billing hold until
        payment in the form of a cashier’s check or money order is received.
      • Payments in the form of personal checks will not be accepted.
    2. Repayment Agreements
      • All Participants requesting a repayment agreement must submit their request to OEC within fifteen (15)
        calendar days from the Notice of Action requesting repayment.
      • Repayment terms must be approved by OEC and cannot exceed twelve (12) months. Requests that do
        not satisfy the total debt within twelve (12) months will be denied.
      • Once approved, OEC will send a Repayment Agreement Letter to the Participant with the proposed
        terms and payment schedule. Repayment Agreements are not valid until this letter is signed and dated
        by the responsible party, and returned to OEC within fifteen (15) calendar days.
    3. Failure to Submit Payment
      • If, after fifteen (15) calendar days, the Participant fails to remit full payment or agree to a satisfactory
        repayment schedule, a Second Notice of Action (NOA) for the improper payment will be sent to the
        Participant allowing an additional fifteen (15) calendar days for the Participant to remit full payment.
        Repayment agreement requests received after this time will be denied, and the Participant will not have
        the right to appeal the improper payment amount.
      • A billing hold will be placed on the facility’s billing account until the entire debt is satisfied, or at the
        discretion of OEC. Once repayment is ensured, the billing hold may be removed. Subsequent
        noncompliance with repayment terms will result in additional billing holds.
      • If, after fifteen (15) calendar days from the 2nd NOA, the Participant fails to remit full payment, OEC
        will send a Third Notice of Action. This notice will demand payment in full and propose termination of
        the Participant Agreement for all facilities under ownership of the involved entity. All debt will be
        netted against (subtracted from) the funds held by ADE. The Participant has the right to appeal the
        above action as stated in Section VII of this Agreement.
    4. Late Payments
      • For Participants under an approved repayment agreement, any late payment may result in cancellation
        of the repayment agreement and demand for payment in full, and proposed termination of the CCDF
        Program Participant Agreement. The responsible party may be recommended for placement on a
        Federal, internal, or other exclusion or debarment list.

         C. Acceleration:

1. In addition to all other rights and remedies at law and/or equity the Office of Early Childhood may have if an Event of
Default occurs, the Office of Early Childhood, at its option without further notice to the CCDF Participant, may declare
immediately due and payable the unpaid principal balance of this Agreement together with all sums owed by the CCDF
Participant under this Agreement.

         D. Exclusion

1. OEC may recommend excluding Participants from future participation in the CCDF Program or other OEC programs and
may recommend placing Participants on one or more federal exclusion lists for any violations of this Agreement. At
OEC’s discretion, the exclusion to participate may also apply to an immediate family member or other related party of the
Participant. OEC may prohibit future program participation regardless of the name or location of the participating entity.

2. The Participant agrees that submission of falsified records, or participation in any form of fraud, for the purpose of
obtaining benefits for the Participant or a CCDF Program recipient, or submission of falsified records for the purpose of
obtaining a child care license, will result in exclusion from all OEC programs.

For a complete copy of the CCDF Program Participant Agreement, please go to the link below:

Financial Assistance and Resources for Providers - Arkansas Department of Education

If you have any questions about the Participant Agreement Training (PAT), please contact the Family Support Unit at 501-682-
8947 or 1-800-322-8176.

  Initials

By choosing to "continue to bill" without certifying above, I am aware that my participation in the CCDF program will be terminated.  I understand that this message will be provided until I agree to the terms or my agreement is terminated.

Continue to Bill
Leadership. Support. Service.
DESE.ADE.ARKANSAS.GOV