Title 4 . Education and Early Development

Chapter 65 . (Repealed)

Section 901. Definitions

4 AAC 65.901. Definitions

(a) In this chapter, unless the context requires otherwise,

(1) "attendance" means the time that a child is actually in the care of a provider;

(2) "attendance rate" means a daily, part-time daily, or hourly rate for actual time a child is in care;

(3) "attending school" means participating in an educational program or training program;

(4) "authorized" means contained in a child care authorization;

(5) "category of care" means a classification of child care described in 4 AAC 65.081(b) and specified in a child care authorization;

(6) "child" has the meaning given that term in AS 14.38.199 ;

(7) "child care" means the same as "day care" in AS 14.38.199 ;

(8) "child care authorization" means the written authorization regarding program assistance issued under 4 AAC 65.101;

(9) "child care program office" means the unit within the department that administers the child care assistance, quality improvement, and referral programs;

(10) repealed 3/8/2002;

(11) "days" means calendar days unless specifically provided otherwise;

(12) "department" means the Department of Education and Early Development;

(13) deleted;

(14) deleted;

(15) "educational program" means a structured learning environment in which an instructor or teacher leads students through a course of study that includes specific learning objectives, goals, and standards, and leads to a certificate of mastery or completion, a state license, or a diploma or a degree;

(16) "eligible" means that a family meets all requirements for receiving program benefits;

(17) "enrollment" means a rate based on schedule of an estimated number of units of a care per month;

(18) "family" means

(A) one parent, and that parent's children, living together in a household;

(B) two parents who are married to each other, and the children of either or both of them, living together in a household; or

(C) the two biological parents of a child who are not married to each other, that child, and any other children of either of those parents, living together in a household;

(19) "grant" means an agreement between the department and a grantee under which the department provides money to the grantee to carry out the program under this chapter and is the same as a contract in AS 14.38.100 - 14.38.150 and AS 14.38.199 ;

(20) "grantee" means a borough, municipality, or other entity that has entered into a grant agreement with the department to administer program benefits under this chapter and is the same as a contractor in AS 14.38.100 - 14.38.150 and AS 14.38.199 ;

(21) repealed 3/8/2002;

(22) "inactive status" means retention of eligibility with a grantee while not actively receiving benefits;

(23) "incapacitated" means incapable of caring for children in the family by reason of hospitalization or being physically unable to care for a child as determined by a physician;

(24) "month" means a calendar month unless otherwise specified;

(25) "monthly enrollment rate" means a rate based on a schedule of an estimated number of units of care per month;

(26) "municipality" means the same as in AS 29.71.800 ;

(27) "night shift" means employment requiring a minimum of six work and travel hours between the hours of 8:00 p.m. and 6:00 a.m.;

(28) "office" means the child care program office in the department;

(29) "parent" has the meaning given in 45 C.F.R. 98.2, revised as of October 1, 2001;

(30) "participating family" means a family that has been determined to be eligible to participate in the program and that has been issued a child care authorization;

(31) "participating provider" means a provider that is providing child care services under a child care authorization;

(32) "program" means the child care assistance program;

(33) "provider" means

(A) the same as "day care facility" in AS 14.38.199 ;

(B) an approved provider; and

(C) an in-home child care provider;

(34) "registration fee" means a charge associated with the initial or annual enrollment of a child by a provider;

(35) "residual money" means excess money from a current grant;

(36) "subcontract" means a binding legal agreement that provides for an organization or an individual other than a grantee to carry out the administrative duties required by a grant;

(37) "training program" means a structured learning environment for participants that has specific learning objectives, identified skills to be mastered and a beginning date and ending date;

(38) "unit" means a fixed duration of child care time in relation to a rate, such as an hourly rate, part-time daily rate, full-time daily rate, part-time monthly, or monthly enrollment rate;

(39) "work" means

(A) an activity for which a wage or salary is paid; or

(B) being engaged in a business

(i) that is operated with the intention of making a profit;

(ii) for which a license under AS 43.70 has been obtained; and

(iii) that generates revenue during any consecutive-three-month period;

(40) repealed 11/10/2002;

(41) "commissioner" means commissioner of the department;

(42) "approved provider" means a provider approved under this chapter to participate in the child care assistance program;

(43) "child care assistance program"

(A) means public financing and support for a wide range of child care services, including program benefits and support to parents and providers;

(B) includes day care assistance under AS 14.38.100 and child care assistance under this chapter;

(C) does not include child care licensing under AS 14.37;

(44) "in-home child care provider" means an individual who provides child care services in the child's own home;

(45) "working day" means a calendar day, except Saturday, Sunday, or a state holiday;

(46) "erroneously obtained benefits" means program benefits received by a family or provider that the family or provider were not

(A) entitled to under AS 14.28.100 - 14.38.150 and this chapter; or

(B) in compliance with those provisions;

(47) "serious noncompliance" means a family or provider

(A) submitting false or deceptive information;

(B) failing to maintain required records;

(C) failing to comply with any compliance action or corrective action plan established under 4 AAC 65.411;

(D) committing actions or inactions that would constitute the reasons listed for suspension or termination from the program

(i) if a provider, under 4 AAC 65.415(b) ; and

(ii) if a family, under 4 AAC 65.415(c) .

(b) Repealed 3/8/2002.

(c) In the definition of "developmental disability" in AS 14.38.199 , "disability" means a condition that is attributable to one or more mental or physical impairments that are severe, chronic, and likely to continue indefinitely.

History: Eff. 6/28/90, Register 114; am 4/30/91, Register 118; am 9/12/97, Register 143; am 11/11/98, Register 148; am 3/8/2002, Register 161; am 9/11/2002, Register 163; am 11/10/2002, Register 164

Authority: AS 14.07.060

AS 14.38.100

Editor's note: As of Register 151 (October 1999), the regulation attorney deleted the definition of "director" and "division" as obsolete because the terms were no longer used in Chapter 65.

As of Register 157 (April 2001), the term "division" was replaced with the term "department" by the regulations attorney under AS 44.62.125 (b)(6) in 4 AAC 65.901(19) , (20), and (28) in accordance with ch. 58, SLA 1999.