June 13, 2008

In regards to:

P.O.Box 34401 

  Cordova Tenn.  38134

Telephone: 901-691-9396                               Fax; 901-552-4283

www.mycpea.com

                                                        mycpea@yohoo.com

6/13/2008

Dear Memphis/Shelby County Child Care Providers:

On July 20, 2006 Commissioner Lodge sent out letters to you defaming CPEA. She stated that CPEA was promulgating misinformation about childcare in Shelby County. Now it is 2008 and it is obvious who was telling the truth. As most of you are now aware, our industry lost an untold number of centers do to the mandates, rules and regulation of Commissioner. Lodge.

First, let’s look at the contract that Commissioner Lodge has sent to the childcare providers to sign. This contract violates the civil rights of all child care providers. It is demeaning and illegal.

Refer to items number 18. (A+b)  #19, 23, 24, and 25.  This contract takes away all rights of a private business owner. This contract gives DHS the right to shut your business down and you must agree to “hold harmless The State of Tennessee and all staff of DHS.” In other words you cannot sue them.

A lawsuit was filed by the office of Phillips & Associates. This conclusion came right on time. In the conclusion page it states  ‘’DHS has not shown a single rational basis for discriminating against licensed child care providers  by forcing them to agree to procedures by which they can be summarily put out of business”.  Any one wanting a copy may contact CPEA you will be sent a copy of the transcript.

Commissioner Lodge stated that the information was disturbingly erroneous. I am sure it was disturbing but it was not erroneous.

She made references to CPEA’s assertions.  In her facts she stated that The Department of Human Services does not control the child care Industry.  Is that really true? DHS controls the Industry by regulating, polices and rulemaking. It determines who will be paid and for what. It control’s the certificate program and the licenses…ect.

Although I cannot point out each one if you will go back are read the assertion of CPEA and the Facts from The Commissioner, you will clearly see that everything the CPEA said has come true.

As the advocate for childcare providers, we are concerned about the childcare providers losing their stars and income due to the Rating system and other DHS mandates.

CPEA solicited the legislature and the controller’s office to request a study of the 3-star rating program from the Offices of Research and Education Accountability. In May 2007, the study was complete. As a result of the study, the several changes have occurred. This is one of them.

• Please note amendment to Rule 1240-4-7.05 Re-Evaluations and Reviews of Report Cards and Agency Ratings on the Secretary of State's Web Site. This amendment allows providers to request a program reassessment at the provider's expense at any time to address any new or changed conditions that occurred since the date of the agency's last completed assessment. The amendment also clarifies time lines for requesting assessment reviews and the status of bonus payments. The amendment is effective August 7, 2007.

You may view the study by going to the following website.

htto://comptroller.state.tn.us/cpdivorea.htm or you may call the following number and request a copy. 615-401-7911 Look at pages 33-38 to find the recommendation and conclusions.

The other areas of concern that the study addressed.

• Transportation
• Cost of living increase
• Reimbursement rates

CPEA is also concerned that the Appeal officers are the same as the people removing your stars. There needs to be a separate board that would be unprejudiced to the childcare providers.

To that end, CPEA is appealing to all childcare providers to join together to fight for this industry. We will lose if we stand alone. Together we can win.

We need to develop a legal defense fund. This fund will be our protection from unfair rules, mandates, and decisions from DHS.  For as little as $50. per month we could keep an attorney on retainer to help fight for our rights in this industry. Half would go into the fund. The other half would pay for the staff and offices necessary to take your complaints and address them. Please visit our website at mycpea.com.

Sincerely,

Geraldine Harris

President CPEA