Code of Vermont Rules › Agency 22 - DEPARTMENT OF EDUCATION › Sub-Agency 000 - GENERAL › Chapter 021 - CHILD AND ADULT CARE FOOD PROGRAM › Section 22 000 021 - CHILD AND ADULT CARE FOOD PROGRAM

Current through June, 2024
SUBCHAPTER 8200
				APPROVAL OF NEW FAMILY DAY CARE HOME SPONSORS
8210 PURPOSE
The purpose of the Child and Adult Care Food Program (CACFP)
				  is to ensure that nutritious meals are available to children and adults in day
				  care settings. Federal regulations require that home day care providers
				  participate in the program through a sponsoring organization. This structure
				  assures that home day care providers receive the support, training and
				  monitoring needed to accomplish the goals of the program.
Sponsoring organizations can best provide these services
				  under the following conditions:
-- the organization has sufficient administrative capacity to
				  meet accounting, recordkeeping and monitoring requirements.
-- a variety of support and training services are made
				  available to providers which can enhance the home day care experience for
				  children and ensure compliance with day care and food program
				  regulations.
-- sponsoring organizations have specific areas to serve so
				  that competition among organizations for homes does not lead to interruptions
				  or duplication of service or poor compliance with program regulations and day
				  care providers have one local organization to deal with.
8220 PROCESS
Any new organization applying for sponsorship must
				  demonstrate a need for services in the requested geographic area.
Therefore, the approval process for new sponsors of family
				  day care homes in the CACFP shall be as follows:
8221. A potential new sponsor shall submit a
				letter of request for an application to the Commissioner of Education
				(hereinafter "Commissioner") which delineates the area the organization
				proposes to serve.
8222. The
				Commissioner or his or her designee shall inform current sponsors within ten
				days that the letter of request for an application has been received.
8223. The applicant organization shall
				complete a CACFP proposal (hereinafter "proposal"), on a form provided by the
				Commissioner, which includes the following:
a. A list of at least 40 non-participating
				home day care providers who are located in the service area described in the
				letter of request and who have indicated that they wish to enlist in the
				program, as well as copies of the 40 providers' day care registrations. In
				addition, the applicant organization must demonstrate that the number of day
				care homes they have potentially recruited represents a sufficient number to
				make a viable sponsorship in light of the proposed structure of the applicant
				organization.
b. Board of Directors
				information including names, titles, and functions of members, proof of the
				organization's tax exempt status, and copies of previous year's audit
				summary.
c. Documentation of
				financial and administrative capability for program operations including
				information about the history of the organization's management of other federal
				programs, if any.
d. A management
				plan describing employee names, specific job descriptions, an organizational
				chart, and a program budget.
e. A
				description of general employment policies including office hours, hiring and
				termination of employees, non-discrimination, and employee salary and benefit
				levels.
f. A listing of proposed
				CACFP policies including provider monitoring and corrective action,
				non-discrimination, hearing/appeals procedures, meal disallowance, monitoring
				and corrective action.
g. A plan
				for outreach activities.
h. A plan
				for training both staff and providers.
8224. Upon receipt of notification that a
				letter of request for an application has been submitted, the Commissioner shall
				notify all potentially affected sponsors in the area described by the
				applicant. Any such sponsors may submit documentation regarding recruitment
				history in the proposed area and the reasons for failure to enroll the
				non-participating day care homes. This information shall be considered when the
				proposal is evaluated.
8225. The
				proposal shall be reviewed for completeness. If any item is incomplete, the
				applicant shall be informed within 15 days, and the missing/incomplete
				information requested.
8226. Once a
				complete proposal has been submitted, it will be evaluated by a team of three
				reviewers designated by the Commissioner. If the proposal meets the criteria
				for approval, the organization shall be sent an agreement packet to
				complete.
8227. The applicant and
				potentially affected sponsors shall be notified of approval or disapproval
				within 30 days of receipt of a completed proposal.
8230 CRITERIA FOR APPROVAL
Approval for a new day care home sponsor shall be based on
				  the applicant successfully documenting the following:
8231. The needs assessment demonstrates a
				sufficient number of non-participating home providers in the proposed area to
				warrant an additional sponsor.
8232. The applicant demonstrates the
				administrative capacity to maintain the accounts necessary to receive federal
				funds. Administrative capacity includes bookkeeping systems that meet federal
				reporting requirements, office support and equipment, and previous experience
				in managing public funds.
8233. The
				applicant organization has sufficient personnel to provide the training,
				monitoring, and recordkeeping required by the program.
8234. The applicant organization demonstrates
				a thorough understanding of the requirements of CACFP and demonstrates
				competency in menu planning, files management, day care licensing regulations,
				the day care registration process, and provider review schedules.
8235. The applicant organization offers
				additional services or benefits to the home care providers they propose to
				sponsor and provides information about how these services improve the day care
				climate, offer more support for children or enhance the likelihood of
				compliance with regulations.
8240 ESTABLISHMENT OF NEW TERRITORIES
In approving a new sponsor, the Commissioner shall outline
				  the territory to be served either by using the service area described in the
				  application or a portion of it depending on the documentation of need. Once
				  this new territory has been defined, the following process shall be used to
				  realign sponsor areas to re-establish exclusive territories:
8241. Beginning ten days after the notice of
				approval of the application, newly recruited homes in the new sponsor area
				shall be sponsored by the new agency.
8242. Transfer of participating homes from an
				existing sponsor to the appropriate new sponsor shall occur at the start of the
				next federal fiscal year as part of the sponsor renewal process.
8243. Should the number of homes to be
				transferred exceed 25, the transfer may be completed at the beginning of the
				third federal fiscal year at the discretion of the sponsor from whom the homes
				will be transferred.
8244. The new
				sponsoring organization and other organizations affected by the approval may
				agree to a mutually acceptable alternative timetable for transfer of homes, not
				to exceed two years, so that administrative funds and staffing levels are
				adjusted gradually.
8250
				APPEAL PROCESS
An organization whose application for sponsorship is denied
				  or one affected by the approval of a new sponsor shall be given the opportunity
				  to appeal the decision.
8251. A
				written notice of the action taken by the Commissioner shall be sent to the
				applicant and all affected organizations.
8252. If an organization wishes to appeal the
				decision it shall request an appeal in writing within 30 days of the notice of
				action letter.
8253. The hearing
				officer shall be the Commissioner of Education or his/her designee.
8254. The appeal procedure shall be as set
				forth in Rule 1232 of the Vermont State Board of Education Manual of Rules and
				Practices.
8260
				DESIGNATION OF DAY CARE HOME SPONSORS AND TERRITORIES
The following day care home sponsors, until amended in
				  accordance with the procedures set forth herein, shall serve exclusively the
				  following service areas:
a.
				Bennington-Rutland Opportunity Council: Bennington and Rutland
				Counties.
b. Central Vermont
				Community Action Council: Orleans County, Caledonia County with the exception
				of the Town of Hardwick, Washington County, Orange County, and Windsor County
				from Bridgewater to Woodstock and all north of Hartland.
c. Childcare Resource and Referral Service:
				Chittenden County with the exception of the Town of Milton.
d. The Family Center: Franklin and Grand Isle
				Counties and the Town of Milton.
e.
				Lamoille Family Center: Lamoille County and the Town of Hardwick.
f. Mary Johnson Children's Center: Addison
				County
g. Windham Child Care
				Association: Windham County, Windsor County north to Plymouth, Reading, West
				Windsor and Windsor inclusive.