DHS Adopts Standard and Comprehensive Centers Without the Governing Policy

DHS Adopts Standard and Comprehensive Centers Without the Governing Policy

There is no indexed Filing for June 14, 2017 listed in the Administrative Bulletin.

To find public notice of the June 14th final DHS adoption of Standard and Comprehensive Centers without the APL required governing Program policy, you must “walk backwards” all the way to the first Notice of April 12, 2017 in order to see it.

Under Color of Law, DHS has willfully and deliberately put forth the proposed amendments as only a minor action (alleged fraud) to replace terms such as “licensed” and “unlicensed” with the more appropriate term “CCPP-approved”, and insists that “designating” centers that meet all the additional requirements above licensing requirements to become eligible to redeem CCPP vouchers as either Standard or Comprehensive Centers is not a Significant Amendment.

No Economic Impact Statement has been provided.

The SECAC plan is scheduled to be effective July 14, 2017.

In the meantime, an open meeting of the Standard Application Workgroup is scheduled to meet Tuesday, June 20, 2017. The meeting will be held at MDHS in the 8th floor training room (Room 830) from 10 a.m. – 12 p.m.

The Workgroup will learn of some of the governing policy that has been developed by SECAC, NSparc and DHS thus far.

Rule-making for Comprehensive and Standard Centers is ongoing.

To review Notice of the Final Adoption of the rule, however, click on the red link below:

Mississippi Administrative Bulletin

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Agency: MISSISSIPPI DEPARTMENT OF HUMAN SERVICES
Compilation: No
Proposed Date: 5/8/2017     Final Date:
Effective Date:     Withdrawal Date:
Rule: NOTICE OF HEARING – Part 17-Child Care Payment Program (CCPP) Policy Manual, system number 22601
Summary: Amended Child Care Payment Program (CCPP) Policy Manual pursuant to Amendments of the Child Care and Development Block Grant (CCDBG) regulations at 45 CFR 98 and Miss. Code Ann. §43-21-353.
System Number: 22699
Notice    N/A    N/A
Agency: MISSISSIPPI DEPARTMENT OF HUMAN SERVICES
Compilation: No
Proposed Date: 4/12/2017     Final Date: 6/14/2017
Effective Date: 7/14/2017     Withdrawal Date:
Rule: Part 17-Child Care Payment Program (CCPP) Policy Manual
Summary: Amended Child Care Payment Program (CCPP) Policy Manual pursuant to Amendments of the Child Care and Development Block Grant (CCDBG) regulations at 45 CFR 98 and Miss. Code Ann. §43-21-353.
System Number: 22784
Click here.  Notice    N/A    Full Text

HECHINGER’S “CRISIS IN CHILD CARE” SMEAR CAMPAIGN IS BROUGHT TO YOU BY KELLOGG!

A child care press conference will be held on Monday, February 8, 2016, on the second floor of the Capitol at 10:00 AM.

HECHINGER’S “CRISIS IN CHILD CARE” SMEAR CAMPAIGN IS BROUGHT TO YOU BY KELLOGG!

The Hechinger Report knew the Mississippi Committee to the U.S. Commission on Civil Rights was investigating potential Disparate Impact in Mississippi’s child care quality rating system before publishing harmful, unsubstantiated child care complaints (that should not have been disclosed because Courts have ruled no public interest exists in unsubstantiated complaints) and expressed its disdain for Constitutional Due Process of Law in Sunday’s Clarion-Ledger – its partner.

Seems to me they may as well partner with the paparazzi and the National Inquirer!

Hechinger is funded by the W. K. Kellogg Foundation which is actively involved in the promotion and support of Mississippi’s Pre-K Collaborative and QRIS.

Up to now, it has seemed, particularly to self-employed child care providers, that the strategy (in Mississippi) of some Pre-K Collaborative supporters (including some media outlets, public policy groups and member organizations) may be to lift up their member programs (and gainful employment through associated grants) by disparaging self-employed child care providers (the majority of which are Black and/or women owned and operated Programs) through selective reporting, adverse policy, exclusion, and marginalization.

Perhaps the idea is to bully the citizenry and working parents, over time, into agreement that child care and time spent with us is not safe or where a child should be; only six hours of public Pre-K such that they would be funded to advise/provide/report can really meet a family’s work support and early learning needs.

And such strategy would be particularly necessary when Frank Porter Graham’s recent Evaluation of Mississippi’s very costly yet unavailing QRIS and measured child outcomes in the recent legislative review of the Pre-K Collaborative are scathing!

The Joint Legislative Committee on Performance Evaluation and Expenditure Review from PEER: The Mississippi Legislature’s Oversight Agency, is the only external Early Learning Collaborative evaluation available to legislators because:

  • there is no child care regulatory oversight for Pre-K classrooms such as is required in other states;
  • there is no QRIS classroom requirement such as is required for Pre-K classrooms in other states so Mississippi cannot compare Pre-K “quality”;
  • the physical standards as governed by the Early Learning Guidelines are less stringent for existing Mississippi Pre-K classrooms than they are for child care classrooms and standards have recently been weakened for new construction through July 2017.

The report does not recommend increased funding or additional staff for Pre-K.

Click here to read more.

A child care press conference will be held on Monday, February 8, 2016, on the second floor of the Capitol at 10:00 AM.

This is your opportunity to unite as the small business child care industry and present the facts.

Stand up for your small business!

Come stand with us!

A message from Carol Burnet of MLICCI:

Dear Friends of Child Care,
You may have read The Hechinger Report articles in the 1/30 issue of the Clarion Ledger. If you did, you probably feel accused of harming the wellbeing of the children enrolled in your center. We are angry that the Clarion Ledger and the Hechinger Report teamed up to promulgate such accusations that harm centers like yours that do everything possible to support children and families. We want you to know that you are doing great work on behalf of your children and families, and we know that you do this work against great odds. Instead of being insulted in the state newspaper, you should be heralded as champions for our state’s low-income working families.
This type of cheap shot gets thrown at child care periodically. For example, a couple of years ago there was a terrible article in the New Republic entitled, “The Hell of American Day Care.” I wrote a response that ran in The Nation and on the Bill Moyers national blog. You can read it here. So this diversionary tactic is not new. Unfortunately, it takes the focus off the need to finance the system we all “say” we want while at the same time tarnishing all the terrific child care champions like you and making low-income working parents feel terrible about using the child care they need. This is not a helpful contribution to the many challenges we face in Mississippi about child care. We have been standing up for child care centers a very long time, and we will continue to do that. We know what a difference you make in the lives of low-income working families and we are grateful to you.
If Hechinger and the Clarion Ledger wanted to be helpful, they would be honest, not diversionary, and promote more funding for child care services to build the system. Articles like this “say” they want to see that more low-income children can be served and more centers can afford to operate and hire staff with early childhood training and equip learning centers. Everyone likes to beat up on child care while starving child care for resources. Our nation and our state have shrunk the number of children served in the child care subsidy program to a 15-year low. To pretend this is about anything other than the nation’s failure  to finance the kind of system everyone pretends to want is just that – pretending.
Help us push Mississippi to build the robust child care system we all know families need. And thanks for all you do for Mississippi’s low-income working families!
Carol Burnett, Executive Director
MS Low Income Child Care Initiative
Child Care Matters.
See what’s happening on our social sites
 
 
MS Low-Income Child Care Initiative | 204 Walker Street | Biloxi, MS | MS | 39533

 

 

 

 


Ignorance or Arrogance? The DECCD 2016 CCDBG State Plan Work

2016 State Plan Work 2 copy

UPDATE: CENTRAL PLANNERS AWARD CCDBG FUNDING CONTRACTS WITHOUT CONDUCTING REQUIRED QUALITY NEEDS ASSESSMENT

The Early Years Network contract was awarded to a single agency who serves as the fiscal agent.  This agency works with other agency partners to provide high quality services.

Contract Awardee: Mississippi State Universtiy Extension Service
Contract Partners
(alphabetical order):
Mississippi Center for Education Innovation
Mississippi State University Early Childhood Institute
 NEW FUNDING Save the Children  (Head Start)
 NEW FUNDING University of Mississippi Center for Education Research and Evaluation
University of Southern Mississippi
Department of Child and Family Studies
Institute for Disability Studies

Visit: http://www.mdhs.state.ms.us/early-childhood-care-development/child-care-resources/quality-enhancement/the-early-years-network/  

FACT :

Since DECCD took the Certificate Program In-House, approximately 250 Licensed Child Care Facilities have gone out of business.  It has not yet been determined if a disproportionate number of those failed businesses were owned and operated by members of a protected class.  However, no or few Certificates funding newly enrolled children have been issued by DECCD this fiscal year which began Oct. 1, 2015, (citing lack of funding) so the number of failed businesses serving large numbers of low-income children is expected to rise due to the fact Low-income Providers have not been able to fill vacancies left when children began the new school year last August or aged out of the Program.

Webinar Questions and Answers:

http: //www.mdhs.ms.gov/media/318009/Webinar-1_Questions-and-Polls.pdf

Q: What document will be provided in advance as a basis for development? Anything other than the 2013 Plan?

A: DECCD will not release a draft of the State Plan until such time as the Office of Child Care releases a final version of the State Plan Preprint.

http://www.mdhs.ms.gov/media/318968/Webinar-3_comments.pdf

Question: Is it also the consideration of state policy makers to reduce the assistance such low-income families now receive in order to attempt to serve the same number of children while increasing grants for quality? If so, will you be providing an Economic Impact Statement?

DECCD Response: States have been required by the 2014 Reauthorization to make greater investments in quality activities and program oversight processes such as monitoring providers. At this time, the state’s allocation of funds has not increased. DECCD will make every effort to judiciously allocate limited resources in order to comply with federal regulations and to meet the needs of our clients.

Any future policy changes proposed by DECCD will be presented to the Attorney General’s Office for review. DECCD will follow the instructions provided by legal counsel regarding program performance and the requirement of any Economic Impact Statement.

 

 

 

 

 

 


US Commission on Civil Rights Meets Today: Is Mississippi’s QRIS effectively a Tool to Screen a Protected Group Out?

US Commission on Civil Rights Meets Today: Is Mississippi’s *QRIS effectively a Tool to Exclude a Disproportionate Number of a Protected Group from Top Tier Quality Bonuses and Pre-School Participation?

Open Meeting     Thursday     2 PM Central    

Call 888-505-4369   Give ID #4796911

Public Comment Period at the End

Disparate impact is a way to prove racial discrimination based on the effect of a policy or practice rather than the intent behind it.

For example, requiring all applicants for promotion (**or a reasonable increase from a percentage of 2007 market rates only through top tier quality bonus payments) to receive a certain score on a standardized test (or QRIS Evaluation) could adversely affect candidates of color.

Objective criteria, such as tests, evaluations, degree requirements, and physical requirements may be challenged under a disparate impact theory.

These cases rely heavily on statistics, published statements, data, and number crunching, which require assistance from experts and attorneys.

As an example, providers offer these statements to demonstrate potential intent to screen out and exclude a disproportionate number of people and minority owned small businesses through Mississippi’s Quality Stars:

“The QCCSS is an important step in identifying subpar centers, though the rating system does not directly measure child learning.”

Mississippi First- Leaving Last in Line

     Rachel Canter, Executive Director

 

“STAND YOUR GROUND LEGISLATORS, DON’T GIVE IN TO THOSE WHO WILL WHINE AND MOAN ABOUT HOW HARD THIS WILL BE ON SOME CENTERS. THEY NEED TO BE CLOSED AND REPLACED WITH ‘QUALITY’ OPERATIONS, NOT JUST SITES THAT MAKE A PROFIT FOR THE OWNER.”

Gulflive.com

education1st

Over a period of several months, the Mississippi Advisory Committee to the U.S. Commission on Civil Rights has heard testimony and received information upon which it has based the final draft of an Advisory Memorandum of Recommendations to Congress which address potential racial discrimination in the administration of the Child Care Development Fund in Mississippi. (Click here.)

In addition to requested redress of Mississippi’s QRIS, the Committee’s findings state, “a number of African-American child care facility owners continue to view at least some of the state’s administration of CCDF as intentionally discriminatory on the basis of race. In the example of the ***electronic finger scanning initiative, the state maintains the program purpose was to address fraud. Some providers however, saw it is as an unnecessary barrier intended to withdraw support from communities deemed unworthy.”

“Furthermore, shortly after the program’s cancellation, the MDHS announced that all TANF workplace participants, who had previously been working in child care facilities across the state, would be removed and placed at ****alternative work sites because child care providers were not hiring them when they had completed six months of workplace job training. Many child care providers however, saw the move as direct retaliation for their resistance to the finger scanning initiative.”

The Committee will meet today to agree upon its final draft Advisory Memorandum, Thursday, November 19th at 2pm Central time. All Committee meetings are open to the public. If you wish to address the Committee directly you may join the call by dialing 888-505-4369 and providing the conference ID 4796911. A public comment period will be observed at the end of the meeting.

Melissa Wojnaroski, Civil Rights Analyst with the U.S. Commission on Civil Rights, Midwest Regional Office in Chicago, has announced it is possible that the U.S. Office of Civil Rights Enforcement will conduct further, more extensive investigations of potential Civil Rights violations following the submission of the Mississippi Committee’s work.


* ” Child-Care Rating Systems Earn Few Stars in Study” – Ed Week (click here); “QRIS Rating Systems Do Not Improve Learning or Social Development for Children” – Rand study (click here).

**According to the MLICCI, base reimbursement rates for providers through the CCDF program are already low— approximately 60 percent below Mississippi’s market rate. As such, many providers who depend on these funds cannot afford to make the necessary improvements to achieve higher rating.

*** The Xerox e-Childcare finger scan method of payment was proposed by Jill Dent who served at that time as the DECCD Director at MSDH.  Regardless of her highly contested proposal/policies/ideology being defeated in State Court, Jill Dent was appointed and now serves as Director of the Department of Education’s Pre-K Collaborative which requires QRIS participation among child care providers and costly maintenance of mid to upper tier quality scores.

**** Newly developed alternative TANF work sites (post State Court) include new placements in Head Start Programs (also licensed for child care) even though it is most likely that participating Head Start Programs CANNOT hire the TANF workplace participants as teacher-aides unless or until the TANF workplace participants complete 12 units of college coursework or CDA classes to meet Head Start employment requirements.    Adversely impacted child care providers (including those who formerly hired TANF workplace participants) note Head Start is not funded by the Child Care Development Fund and therefore, Head Start programs are now favored by MSDH because they were not involved in public opposition to the proposed Xerox e-Childcare finger scan method of payment.

 

 


Dept. of Ed Requires First Phase QRIS and Scores Absent APL!

Dept. of Ed Requires First Phase QRIS and Scores Absent APL! 

The Associated Press reports the competition is fierce among groups applying for preschool money.

“The Department of Education says 72 groups have indicated interest in the money, which is supposed to fund at least 1,325 spots statewide.”

“About 50 of the community consortiums are led by public school districts, while the rest are led by private child care centers or nonprofit groups. Some led by private child care centers could be ineligible, because the law specifies that a community group must be led by a school or nonprofit.”

Providers noted right away the original legislation drafted by Rachel Cantor and sponsored by Senator Brice Wiggins also required participating child care programs to participate in this State’s very poor performing QRIS…which would have left 97% of all licensed child care ineligible right from the start!

A recent national study concludes that after more than 14 years of implementation, QRIS systems still do not improve school readiness or learning outcomes for young children. 

Click here to read the Education Week publication, “Child-Care Rating Systems Earn Few Stars in Study.”

Another long-term study now being concluded by the Mississippi Low-Income Child Care Initiative has revealed Mississippi’s Quality Stars scoring method is both subjective and inconsistent.

Even Mississippi’s recent Race to the Top-Early Learning Challenge application acknowledges the need and lays out a plan to validate costly QRIS through child outcomes.

So, if current and removed QRIS is not valid and does not improve school readiness, who is insisting it be included now as one pre-requisite for Pre-K participation?

Read on.

During the 2013 legislative session, the Mississippi Association of Licensed Child Care Providers successfully lobbied to have QRIS or any specific measure of quality removed from the Early Learning Collaborative Act as a requirement of participation until 2016, in hopes that either a validated measure of quality will be developed in that time or it will be more widely accepted that “smoke and mirrors” QRIS does not raise academic achievement or justify implementation costs.

However, following the close of the legislative session and sometime after meeting with Representative Toby Barker and Senator Brice Wiggins, the Mississippi Department of Ed.’s Tracina Green and others put the QRIS requirement back in as child care “policy without benefit of the required exercise in Administrative Procedures.

Further, MDE requested a large budget increase above and beyond the scheduled incremental pre-kindergarten funding expansions and NOT the first day of state funded preschool has taken place yet!

Why didn’t MDE recommend that more than $11,000,000 in quality funding now supporting the legislatively removed QRIS be used, instead, to fund expanded pre-kindergarten programs in child care programs which meet all other qualifications and offer full day, full year Universal pre-k options to working families?

Emails to Representative Toby Barker have gone unanswered.

Two requests to MDE’s Robin Lemonis for identification of the task force members MDE appointed to advise in pre-school implementation have gone unanswered.

Many providers are guessing that MDE task force relationships will likely link to programs funded by or programs partnering with those currently funded through QRIS – a screening tool that may very well claim disparate intent and “narrowing of the competitive field” as its greatest achievements thus far!

Others have turned wide-spread discussion of this MDE conduct into a humorous game show of sorts to just Name the First Wave of Pre-K Awards

Gameshow 3

Let us join in the fun!

Identify the Players from the above text! 

Which programs do you think will receive First Wave Pre-K Funding?

Send in your Answers!

(Participating child care providers/educators will remain anonymous.)

It will be great fun to look back and see how correct we are/were when MDE awards are finally announced!

Gameshow 2

In the meantime, the Mississippi Association of Licensed Child Care Providers’ Executive Committee will meet soon to determine the much more serious nature and course of its response to the Department of Education’s interpretation of the Early Learning Collaborative Act.


I Support Race to the Top – Early Learning Challenge 2013

I Support Race to the Top – Early Learning Challenge 2013

I support the Race to the Top – Early Learning Challenge 2013, because I do not support one more penny spent on Mississippi Quality Stars!

I will never support required QRIS participation, Health Department licensing regulatory manipulation or unfunded mandates that would create further disparate intent for the work force support system serving the largest group of targeted population or that would send the private market rate over the top for all young middle class parents at the start of their careers.

The good news is, the RTT-ELC application to be submitted will announce a new voluntary measure of quality to be developed and designed and one in which we, self-employed providers, will have a seat at the table as one of the largest groups of any early learning system.

I know this because Dr. Laurie Smith has met privately with provider groups and sought input from child care provider leadership. She understands, from all the research, the necessary buy-in of all child care provider groups to the success of any early learning system.

Race to the Top – Early Learning Challenge 2013, may just be the first opportunity for us to participate in an equitable way in the development of a measure of quality acceptable to the self-employed child care industry and may even result in a validated approach to actually improve child outcomes by 2016!

It is idealistic to think this way, but if we are to spend millions and millions more in “quality funding streams” each and every year while preventing low-income parents the opportunity to work because much of that allowable money was not spent in certificates of assistance and the parents could not afford child care otherwise, at least let us spend it in an accountable way.

Either develop an affordable, acceptable and validated measure of quality (QRIS) or get rid of it!

Race to the Top – Early Learning Challenge begins that work.

Email Letters of Support tomorrow to:

Laurie.Smith@governor.ms.gov


Flouting Law with Impunity?

Flouting Law with Impunity?

Agency Division Directors proposing Significant Amendments to a set of regulations should be required by the legislature to attend public hearings for the proposed rules adoptions and to give the rationale determining the agency’s decisions in that public forum.

The Mississippi legislature should also reinstate a Board of Directors for the Department of Human Services. Direct Board oversight would likely bring about rapid response to alleged Division incompetency and/or the flouting of law and block grant regulations with impunity.

As it stands now, there is no apparent state or federal consequence or any consequence of sufficient significance to change the alleged pattern and practice demonstrated by DECCD to defy federal Program guidance and the fair rule making process.

Some have said, regardless of whether or not CCDF Directors have served at the pleasure of Republican Governors or Democratic Governors, never before, in the history of Mississippi’s Child Care Development Fund, has there been an administration to just up and change CCDF Program policy – sometimes in mid-stream – through a careful play of words and/or personal interpretation often resulting in a new and unexpected application opposite an adopted rule’s understanding or intent.

And the safeguards in place to allow for a fair hearing on the merits of adverse application has not served as the deterrent it should because the DECCD Director, the individual most likely to be instructing “new and unexpected” adverse policy implementation, is also the Hearing Officer!    🙂

Jill Dent was appointed following the establishment of the State Early Childhood Advisory Council – the foremost public entity she identifies as responsible for approving the Proposed FFY 2014-2015 Mississippi CCDF State Plan.

At a recent meeting, however, child care providers questioned whether or not SECAC actually approved or even saw DECCD’s Proposed CCDF State Plan as initially filed with the Secretary of State and published in the Administrative Bulletin.  After all, the Plan sought to adopt payment to providers through the Xerox e-Childcare™ system of payment without benefit of an Economic Impact Statement and during a time in which MDHS was restrained from doing so under Chancery Court decreed Preliminary Injunction. (Click here to review page 29 of the Administrative Bulletin.)

Child Care leadership further mocked the results and questioned SECAC’s actual acceptance of the DECCD 2013 Fair Market Rate Survey which found that without any increase in child care assistance fees whatever since BEFORE three Minimum Wage increases, coupled with the rising annual costs of doing business over almost eight years, the State’s share of payment to providers in some regions has GROWN to provide a greater percentage of the 2013 fees now charged than was provided in 2011.   🙂

At last week’s public hearings, child care leadership presented comments addressing many such concerns and raised formal objections to alleged Administrative Procedures Law violations so that further legal action, if necessary, may be taken.

Jill Dent did not attend.

A Court stenographer was present.

The public hearing facilitator concluded the meeting saying all comments would be posted to the MDHS website.


Call the Governor – Court on Wednesday, 8/14/13

Call the Governor – Court on Wednesday,

8/14/13

It is alleged that XEROX representatives have been instructed to install as many finger scan machines as possible as quickly as possible prior to the date of the Finger Scan Final Hearing scheduled for:

Finger Scan Final Hearing

Wednesday

August 14th

8:30 AM

Hinds County Chancery Court

Judge Denise Owens

Jackson, MS.

If you feel you have been threatened by the Xerox representatives, some of whom are alleged to be saying you must allow the machines to be installed now if you are going to participate (” or I will tell DHS you are not going to continue in the Program.”) rather than wait for your response on August 15, 2013, you should do one or all of the following: 

    • Ask for the name of the Xerox representative;

    • Ask for a contact telephone number;

    • Explain that you will be making your decision on August 15th;

    • If they place additional calls, record them (If you place the call, you must inform them you are recording);

    • CALL THE GOVERNOR’S OFFICE TO FILE A COMPLAINT and…

ASK THE GOVERNOR TO BAN THE SCAN! 

Call: (601) 359-3150.  

Finally, share your complaint, recordings and all acts of alleged intimidation with the Mississippi Association of Licensed Child Care Providers ASAP for consideration to be given as testimony to the Court and/or further legal action.


Sen. Wiggin’s PreK Collaboration Meeting Friday February 15th

Wiggin's copy


BREAKING NEWS: PREK PASSES SENATE!

PreK_Passes_Senate copyClick Here to Read Senate Bill 2395 PreK Collaboration Act.

Click here to View Lt. Governor’s and Speaker’s Press Conference.