U.S. Office of Personnel Management Guide for Implementing Child Care Legislation

Information for Child Care Providers
and Child Care Governing Boards

How can family child care home providers and center-based child care providers participate in the program?

• They can let Federal families currently enrolled in their child care program know about this program.
• They should contact Federal employees who could not previously afford their child care program but were interested in the program.
• They should contact the agency representative and let them know whether or not they have spaces available for additional children.
• They should make fliers and written information about the child care program available to the Federal community.
• They should let families know how to apply for tuition assistance.

How can child care governing boards at Federally sponsored child care centers participate in this program?

• They should market the program in ways similar to those mentioned above.
• They should provide information (a flier or brochure) to the child care center provider for dissemination to families.
• If the governing board is going to administer the program for the agencys Federally sponsored child care center, they should provide parents with information about how they can apply for tuition assistance.

Are there any special restrictions for governing board members who are Federal employees related to administering these programs?

Federal employees are prohibited by 18 U.S.C. 205 from engaging in certain representational activities before the Government. An exception in this law allows employees to represent a non-profit organization, if a majority of the organizations members are current Federal employees or the spouses or dependent children of Federal employees. The representation permitted must be without compensation, must be consistent with the faithful performance of the employees official duties, and must not be for the purpose of seeking Federal funds for the organization. This means, for example, that an employee who is on a child care centers board may not contact an agency on behalf of the center to seek tuition assistance funds for the center. Such a contact would have to be made by a person who is not a Federal employee.

Federal employees are prohibited by 18 U.S.C. 208 from participating personally and substantially in an official capacity in particular matters in which an organization they serve as director or trustee has a financial interest. This means, for example, that an employee who is on a child care centers board may not be involved in his/her agencys decision whether to provide tuition assistance for children at the center.

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Federal agencies have a number of options for administering the program. Regardless of which option they choose, administration includes the following activities:

• Marketing the program to their employees;
• Making available tuition assistance application forms;
• Making tuition assistance determinations;
• Notifying employees of the determination decisions;
• Assuring that all of the agreement documents are signed by the parents/guardians;
• Assuring that the employees are using licensed and/or regulated child care, whether center-based care or family child care; and
• Documenting and submitting the required reports to OPM. See Appendix G: OPM Reporting Form

Agencies can choose to administer the program themselves or they can enter into an agreement or contract with an organization that provides scholarship services. Agencies should work with their acquisition offices to determine the appropriate contracting method for establishing an agreement or contract with an organization that provides scholarship services. A sample Statement of Work is provided in the Appendix H of this document that may be helpful for agencies who choose to contract for services.

If agencies contract for administration services, they must receive back any excess funds when the law expires on September 30, 2000.

The following is a sample notification to Congress:

Dear Chairman/Representative/Senator......

The (Federal agency) has decided to use the authority provided by Section 643 of Public Law 106-58 to spend appropriated funds to assist our lower income employees with child care expenses. As required by the conference report accompanying Public Law 106-58, this is to notify the Subcommittee that (Federal agency) will obligate $x for this purpose.

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What information should an agency collect for its report to OPM?

The required reporting form for OPM can be found at Appendix G of this guide. Below is a summary of the information the agencies should collect:

• Number of children who received tuition assistance as a result of this law;

• Number of Federal employees who are parents/guardians of the children who received tuition assistance (in some cases, both parents might be Federal employees);
• Amount of tuition assistance awarded for each child;
• Total family income of the Federal employees that received tuition assistance;

• Total amount of agency fund disbursements (actual costs from the date of implementation until August 1, 2000, plus estimated costs through September 30, 2000);
• Description of how "lower income employee" was defined;

• Statement of whether agencies placed restrictions on the use of the funds;
• Number of children who did not receive tuition assistance due to lack of funds; and

• Description of who administers the program.

Regardless of who administers the program, the confidentiality of this information must be guaranteed.

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