Chapter 2A. Pre-Kindergarten Education System.

Subchapter I. Definitions; Administration; and Funding.

§ 38–271.01. Definitions.

For the purposes of this chapter, the term:

(1) "Child development center" shall have the same meaning as provided in § 4-401(2).

(1A) "Child development facility" shall have the same meaning as provided in in § 7-2031(3).

(1B) “Child-occupied facility” means a building, or portion of a building, which, as part of its function, receives children under 6 years of age on a regular basis and is required to obtain a certificate of occupancy as a precondition to performing that function. The term “child- occupied facility” includes a daycare center, nursery, preschool center, kindergarten classroom, child development center, child development home, child development facility, child-placing agency, infant care center, or similar entity. The location of a child-occupied facility as part of a larger structure does not make the entire structure a child-occupied facility. Only the portion of the facility occupied or regularly visited by children under 6 years of age shall be considered the child-occupied facility.

(1C) “Community-based organization” or “CBO” means a Head Start or early childhood education program operated by a nonprofit entity, faith-based organization, or other entity that participates in federally funded early childhood programs.

(1D) “Coordinating Council” means the State Early Childhood Development Coordinating Council establish pursuant to § 38-271.07.

(1E) “DC Collaborative” means the collaborative of District of Columbia colleges and universities established pursuant to § 38-274.01(a)(3).

(1F) "DCRA" means the Department of Consumer and Regulatory Affairs.

(1G) "Early childhood development provider" means a child development facility or CBO.

(1H) “Elementary and secondary education” means education from and including pre-k through the end of high school or their equivalent.

(2) Repealed.

(2A) Repealed.

(3) “HEI program” means the Higher Education Incentive program established pursuant to § 38-274.01.

(3A) “HEI scholarship program” means the scholarship program established pursuant to §§ 38-274.01 and 38-274.02.

(4) “HQ standards” means high-quality content standards and program requirements for pre-k programs established by the OSSE pursuant to § 38-272.01.

(5) “OSSE” means the Office of the State Superintendent of Education, established by Chapter 26 of this title [§ 38-2601 et seq.].

et seq.

(5A) “Out-of-school suspension” means the temporary removal of a student from school attendance to another setting for disciplinary reasons, during which time the student is not under the supervision of the school's personnel and is not allowed on school grounds.

(6) “Pre-k” means the educational gradation available to children of pre-kindergarten age for the 2 years prior to their eligibility for enrollment in kindergarten.

(7) “Pre-k age” means children 3 or 4 years of age, and children who become 5 years of age after September 30th of the upcoming school year.

(8) “Pre-k-education services” means the District-wide educational services provided to the publicly funded CBOs, District of Columbia Public Schools, and Public Charter Schools who provide pre-k care and education services to pre-k age children.

(9) “Pre-k program” means a classroom or a group of classrooms serving pre-k children. A single organization or entity may operate multiple pre-k programs in different locations.

(10) “Professional development” means a data-driven, continuous improvement process that provides a range of formal and informal experiences designed for teaching and administrative staff to increase their knowledge and understanding of research-based, developmentally appropriate content and teaching strategies.

(11) “School readiness” means a child’s mastery of approved early-learning standards in the domains of language and literacy, mathematical thinking, social and emotional development, scientific inquiry, social studies, approaches to learning, and health.

(11A) “Serious bodily injury” means bodily injury that involves a substantial risk of death, unconsciousness, extreme physical pain, protracted and obvious disfigurement, or protracted loss or impairment of the function of a bodily member, organ, or mental faculty.

(12) “Technical assistance” means the human and technological resources that support the establishment of age-appropriate classroom environments, provide strategies that develop children’s early language and literacy development and mathematical thinking, aid in the mastery of early-learning standards, and develop appropriate instructional strategies for children with disabilities and for children whose first language is not English.

(13) “Workforce development” means a range of educational and training experiences that support and increase the capacity of individuals to enter and remain a part of the early-care and education-labor market.

(July 18, 2008, D.C. Law 17-202, § 101, 55 DCR 6297; Mar. 8, 2011, D.C. Law 18-285, § 2(a), 57 DCR 11005; Sept. 14, 2011, D.C. Law 19-21, § 9061(a), 58 DCR 6226; Apr. 20, 2013, D.C. Law 19-262, § 303(a), 60 DCR 1300; June 23, 2015, D.C. Law 21-12, § 2(a), 62 DCR 5942; Aug. 25, 2018, D.C. Law 22-157, § 3(b)(1), 65 DCR 7499; Oct. 30, 2018, D.C. Law 22-168, § 4022(a), 65 DCR 9388; Oct. 30, 2018, D.C. Law 22-179, § 202(a), 65 DCR 9569.)

Section References

This section is referenced in § 2-1595, § 7-2031, § 38-1802.14, and § 38-2602.

Effect of Amendments

D.C. Law 18-285 rewrote pars. (1) and (3); and added pars. (1A), (1B), (1C), (2A), and (3A).

D.C. Law 19-21 repealed par. (2), which formerly read:

“(2) ‘Fund’ means the Pre-k Program Assistance Grant Fund established by § 38-272.04.”

The 2013 amendment by D.C. Law 19-262 added (1); and redesignated former (1), (1A), (1B), and (1C) as present (1A), (1B), (1C), and (1D), respectively.

The 2015 amendment by D.C. Law 21-12 added (5A) and (11A).

Emergency Legislation

For temporary (90 days) amendment of this section, see § 4022(a) of Fiscal Year 2019 Budget Support Congressional Review Emergency Act of 2018 (D.C. Act 22-458, Oct. 3, 2018, 65 DCR 11212).

For temporary (90 days) amendment of this section, see § 4022(a) of Fiscal Year 2019 Budget Support Emergency Act of 2018 (D.C. Act 22-434, July 30, 2018, 65 DCR 8200).

For temporary (90 day) amendment of section, see § 2(a) of Pre-K Acceleration and Clarification Emergency Amendment Act of 2009 (D.C. Act 18-304, January 28, 2010, 57 DCR 1475).

For temporary (90 day) amendment of section, see § 2(a) of Pre-k Acceleration and Clarification Congressional Review Emergency Amendment Act of 2010 (D.C. Act 18-602, December 1, 2010, 57 DCR 11039).

For temporary (90 day) amendment of section, see § 2(a) of Pre-k Acceleration and Clarification Congressional Review Emergency Amendment Act of 2010 (D.C. Act 19-4, February 11, 2011, 58 DCR 1399).

Temporary Legislation

Section 2(a) of D.C. Law 18-142 rewrote par. (1) to read as follows:

“(1) ‘Community-based organization’ or ‘CBO’ means a Head Start or early childhood education program operated by a nonprofit entity, faith-based organization, or organization that participates in federally funded or District-funded early childhood programs, including the child care subsidy program funded by the federal Child Care and Development Fund.”; in par. (3), substituted “pursuant to” for “by”; and added pars. (2A) and (3A) to read as follows:

“(2A) ‘HEIG fund’ means the Higher Education Incentive Grant Fund established by section 403.”.

“(3A) ‘HEI scholarship program’ means the scholarship program established pursuant to sections 401 and 402.”.

Section 5(a) of D.C. Law 18-142 provided that the act shall expire after 225 days of its having taken effect.

Editor's Notes

Section 7101 of D.C. Law 17-219 repealed section 701 of D.C. Law 17-202.

Establishment—District of Columbia Early Childhood Advisory Council, see Mayor’s Order 2010-68, May 21, 2010 ( 57 DCR 4460).

§ 38–271.02. Administration of pre-k.

(a) The OSSE shall oversee CBO pre-k education services, including:

(1) All programs, including curricula;

(2) All related state and federal early childhood programs;

(3) Any licensure requirements;

(4) Fiscal matters;

(5) Funding to:

(A) Maximize the use of federal funds and other resources;

(B) Minimize inefficiencies and programmatic barriers;

(D) Ensure that funds authorized by this chapter are used to supplement, not supplant, other funding sources that finance education programs for children of pre-k age;

(6) The alignment and monitoring of standards and teaching practices between pre-k and grades kindergarten through 3rd grade; and

(7) The implementation of an external evaluation of all pre-k programs, including the measurement of progress toward school-readiness benchmarks.

(b) The OSSE shall:

(1) Coordinate with the Interagency Collaboration and Services Integration Commission, established by § 2-1594, to ensure that eligible families can access coordinated support services for their children of pre-k age;

(2) In regard to pre-k programs in public schools and public charter schools, consult with local education agencies and the Public Charter School Board, established by § 38-1802.14, to ensure that the goals of this chapter are met;

(3) Establish facilities requirements for classroom expansion and quality improvement, to be utilized by the Office of Public Education Facilities Modernization, established by § 38-451 [repealed], to complete the capital improvements and renovation of facilities;

(4) Develop high-quality content standards for all pre-k programs, which have been approved by the State Board of Education;

(5) Develop and oversee a monitoring, assessment, and accountability process for all programs within the pre-k-education system;

(6) Promulgate a process for pre-k programs that fail to attain the required high-quality standards by September 1, 2014, which may include:

(A) A reduction or elimination of local funding;

(B) Denial of licensure; or

(7) Promulgate a quality-improvement process for pre-k programs that, after 2014, fail to maintain for a period of time, as determined by OSSE, the required high-quality standards, which may include:

(A) Adherence to a quality-improvement plan;

(B) A reduction or an elimination of local funding;

(D) Revocation of licensure;

(8) Develop and administer the technical assistance program across all pre-k education services.

(9) Collect and disseminate to the public on an ongoing basis child and program data; and

(10) Consider developing a sliding-fee scale for enrollment in pre-k of children whose family income is above 250% of the federal poverty guideline.

(c) The OSSE shall not issue a license for a child-occupied facility located within 200 feet of a dry cleaning facility that uses perchloroethylene or n-propyl bromide as a cleaning agent for clothes or other fabrics. The 200-foot restriction shall not apply at a location where a child- occupied facility is applying for renewal of an existing license.

(July 18, 2008, D.C. Law 17-202, § 102, 55 DCR 6297; Mar. 8, 2011, D.C. Law 18-285, § 2(b), 57 DCR 11005; Apr. 20, 2013, D.C. Law 19-262, § 303(b), 60 DCR 1300.)

Section References

This section is referenced in § 38-271.06, § 38-273.01, and § 38-2602.

Effect of Amendments

D.C. Law 18- 285, in subsec. (a), substituted “oversee CBO pre-k” for “oversee pre-k”; and rewrote subsecs. (b)(2) and (b)(8), which formerly read:

“(2) In regard to public charter schools, consult with the Public Charter School Board, established by § 38-1802.14, to ensure that the requirements and the goals of this chapter are met;”

“(8) Develop and administer the technical assistance and professional development programs for all teaching staff, principals, and other administrators in all of the sectors of pre-k, in coordination with the District’s state system of professional development and training;”

The 2013 amendment by D.C. Law 19-262 added (c).

Emergency Legislation

For temporary (90 day) amendment of section, see § 2(b) of Pre-K Acceleration and Clarification Emergency Amendment Act of 2009 (D.C. Act 18-304, January 28, 2010, 57 DCR 1475).

For temporary (90 day) amendment of section, see § 2(b) of Pre-k Acceleration and Clarification Congressional Review Emergency Amendment Act of 2010 (D.C. Act 18-602, December 1, 2010, 57 DCR 11039).

For temporary (90 day) amendment of section, see § 2(b) of Pre-k Acceleration and Clarification Congressional Review Emergency Amendment Act of 2010 (D.C. Act 19-4, February 11, 2011, 58 DCR 1399).

Temporary Legislation

Section 2(b) of D.C. Law 18-142 rewrote subsec. (b)(2) to read as follows:

“(2) In regard to pre-k programs in public schools and public charter schools, consult with local education agencies and the Public Charter School Board, established by section 2214 of the District of Columbia School Reform Act of 1995, approved April 26, 1996 (110 Stat. 1321; D.C. Official Code § 38-1802.14), to ensure that the goals of this act are met.”.; and repealed subsec. (b)(8).

Section 5(a) of D.C. Law 18-142 provided that the act shall expire after 225 days of its having taken effect.

§ 38–271.03. Annual evaluation of the quality of current pre-k programs.

(a) Within 30 days of July 18, 2008, the Mayor shall submit to the Council for its approval, a plan, including the name of a proposed independent evaluator, to evaluate pre-k programs in accordance with this section. Within 60 days of Council approval, the Mayor shall execute a contract with the approved evaluator.

(b) The approved evaluator shall perform a baseline quality assessment for a sampling of pre-k classrooms in each of the following sectors:

(1) District of Columbia Public Schools;

(2) Public charter schools; and

(3) CBOs.

(1) Describe the overall program structure;

(2) Assess the language and literacy environment; and

(3) Assess the quality of instructional support, classroom climate, and classroom management.

(d) The evaluator’s data and analysis shall be used to:

(1) Provide an assessment of the level of quality of all sectors; and

(2) Serve as baseline data from which to develop benchmarks for ongoing quality assessment of the pre-k-education system.

(e) The Mayor shall submit to the Council by December 30 of each year, beginning in 2009, projected benchmarks by which to measure annual achievements within the pre-k-education system.

§ 38–271.04. Annual capacity audit.

The Mayor shall submit to the Council by December 30 of each year, beginning in 2008, a capacity audit of pre-k programs for all sectors, to be used by OSSE to determine the:

(1) Number of children for whom pre-k is not available and whose parents would send them to pre-k but for the lack of availability;

(2) Current capacity of all existing pre-k programs; and

(3) Manner in which Head Start programs are incorporated in the early care and education delivery system.

§ 38–271.05. Annual report to the Council.

(a) The Mayor shall submit to the Council by December 30 of each year, beginning in 2009, an annual report on the status of pre-k for all sectors, accompanied, in 2009, by the independent quality evaluation required by § 38-271.03, which shall include OSSE’s assessment of the:

(1) Annual achievements made as measured against the benchmarks developed the previous year;

(2) Number and success of the quality improvement plans implemented;

(3) Status of the monitoring, assessment, and accountability processes for all programs within the pre-k-education system; and

(4) Results of the current capacity audit of all pre-k programs.

(b) For the 2009 report, for which benchmarks would not have been submitted in the prior year, the annual achievements shall be measured using existing reliable data and that data shall be included, or an abstract thereof, in the evaluation.

§ 38–271.06. Funding.

(a) Local funding for pre-k programs shall not supplant any funding sources used prior to July 18, 2008, for education programs for children of pre-k age.

(b)(1)(A) For each provider that meets the high-quality standards established pursuant to this chapter, local funding shall be allocated in such a manner so that each provider receives:

(i) An amount equal to the per student funding formula, established pursuant to § 38-1804.01; and

(ii) A supplemental allocation equal to the supplemental allocation provided in § 38-2905.01 for each at-risk child enrolled in the provider's program.

(B) For the purposes of this paragraph, the term "at-risk" means a pre-K age child who is identified as one or more of the following:

(i) Homeless;

(ii) In the District's foster care system; or

(iii) Qualifies for the Temporary Assistance for Needy Families program or the Supplemental Nutrition Assistance Program.

(2) Local funding for a program under a quality-improvement plan may vary, in accordance with procedures established pursuant to § 38-271.02(b)(7).

(c)(1) The OSSE shall establish procedures for the local allocation of funds distributed pursuant to this section in the event that the amount appropriated is insufficient to fund all providers that meet the high-quality standards established by this chapter.

(2) From amounts appropriated under this section, OSSE may provide for all activities authorized by this chapter.

§ 38–271.07. State Early Childhood Development Coordinating Council.

(a) Within 45 days of March 8, 2011, the Mayor shall establish and convene a State Early Childhood Development Coordinating Council (“Coordinating Council”) to:

(1) Improve collaboration and coordination among entities carrying out federally funded and District-funded pre-k and other early childhood programs to improve school readiness;

(2) Assist in the planning and development of a comprehensive early childhood education system that serves children ages birth to 8 years of age; and

(3) Comply with the Improving Head Start for School Readiness Act, approved December 12, 2007 (Pub. L. No. 110-134; 121 Stat. 1363).

(b) The Coordinating Council shall:

(1) Identify opportunities for collaboration and coordination among early childhood education entities;

(2) Review the annual pre-k report to the Council required by § 38-271.05 and submit any additional recommendations to improve the quality of and expand access to pre-k and other early childhood programs to the Council;

(3) Develop recommendations to:

(A) Increase participation of children in existing pre-k and other early childhood programs;

(B) Improve the quality of pre-k and other early childhood programs;

(D) Improve state early-learning policies; and

(4) Perform other tasks as determined by the Mayor.

(1) The following members, or their designees:

(A) The Mayor;

(B) The Chairman of the Council of the District of Columbia;

(D) The Chancellor of the District of Columbia Public Schools;

(E) The Executive Director of the Public Charter School Board;

(F) The Director of the Department of Health;

(G) The Director of the Department of Mental Health;

(H) The Director of the Department of Human Services;

(I) The Director of the Child and Family Services Agency;

(J) The State Director for Head Start Collaboration; and

(K) The Director of the entity designated as the state resource and referral agency; and

(2) The Mayor shall appoint at least one District resident from each of the following categories, to serve a term of 2 years:

(A) Families whose children are receiving or have received pre-k-education services;

(B) Head Start;

(D) Public schools;

(E) Public charter schools;

(F) Public charter school support organizations;

(G) Early childhood advocacy organizations;

(H) Business community;

(I) Philanthropic community;

(J) DC Collaborative; and

(K) Any additional category identified by the Coordinating Council as necessary or appropriate.

(d)(1) The Mayor shall appoint one person appointed pursuant to subsection (c)(2) of this section to be the chair, who shall convene the Coordinating Council no fewer than 4 times each year to gather public input on the Coordinating Council’s recommendations.

(2) A quorum to transact business shall consist of 50% plus one of the members who are appointed and serving.

(July 18, 2008, D.C. Law 17-202, § 107; as added Mar. 8, 2011, D.C. Law 18-285, § 2(c), 57 DCR 11005.)

Section References

This section is referenced in § 38-271.01.

Emergency Legislation

For temporary (90 day) addition, see § 2(c) of Pre-K Acceleration and Clarification Emergency Amendment Act of 2009 (D.C. Act 18-304, January 28, 2010, 57 DCR 1475).

For temporary (90 day) addition, see § 2(c) of Pre-k Acceleration and Clarification Congressional Review Emergency Amendment Act of 2010 (D.C. Act 18-602, December 1, 2010, 57 DCR 11039).

For temporary (90 day) addition of section, see § 2(c) of Pre-k Acceleration and Clarification Congressional Review Emergency Amendment Act of 2010 (D.C. Act 19-4, February 11, 2011, 58 DCR 1399).

Temporary Legislation

Section 2(c) of D.C. Law 18-142 added a section to read as follows:

“Sec. 107. State Early Child Development Coordinating Council; establishment.

“(a) Within 45 days of the effective date of the Pre-k Acceleration and Clarification Emergency Amendment Act of 2010, passed on emergency basis on January 5, 2010 (Enrolled version of Bill 8-603), the Mayor shall establish and convene a State Early Childhood Development Coordinating Council (‘Coordinating Council’) to:

“(1) Improve collaboration and coordination among entities carrying out federally funded and District-funded pre-k and other early childhood programs to improve school readiness;

“(2) Assist in the planning and development of a comprehensive early childhood education system that serves children ages birth to 8 years of age; and

“(3) Comply with the Head Start Act, approved December 12, 2007 (Pub. L. No. 110-134; 121 Stat. 1363).

“(b) The Coordinating Council shall:

“(1) Identify opportunities for collaboration and coordination among early childhood education entities;

“(2) Review the annual pre-k report to the Council required by section 105 and submit to the OSSE additional recommendations to improve the quality of and expand access to pre-k and other early childhood programs to be submitted to the Council along with the annual pre-k report;

“(3) Develop recommendations to:

“(A) Increase participation of children in existing pre-k and other early childhood programs;

“(B) Improve the quality of pre-k and other early childhood programs;

“(C) Support the implementation of pre-k workforce development programs; and

“(D) Improve state early learning policies; and

“(4) Perform other tasks as determined by the Mayor.

“(c) The Coordinating Council membership shall consist of:

“(1) The following members, or their designees, the:

“(A) Mayor;

“(B) Chairman of the Council of the District of Columbia

“(C) State Superintendent of Education;

“(D) Chancellor of the District of Columbia Public Schools;

“(E) Executive Director of the Public Charter School Board;

“(F) Director of the Department of Health;

“(G) Director of the Department of Mental Health;

“(H) Director of the Department of Human Services;

“(I) Director of the Child and Family Services Agency;

“(J) State Director for Head Start Collaboration; and

“(K) Director of the entity designated as the state resource and referral agency; and

“(2) The following members, who shall be appointed by the Chairman of the Council or the Mayor, with each appointing at least one District resident from each of the following categories, to serve a term of 2 years:

“(A) Families whose children are receiving or have received pre-k-education services;

“(B) Head Start;

“(C) Community-based organizations;

“(D) Public schools;

“(E) Public charter schools;

“(F) Public charter school support organizations;

“(G) Early childhood advocacy organizations;

“(H) Business community;

“(I) Philanthropic community;

“(J) DC Collaborative; and

“(K) Any additional category identified by the Coordinating Council as necessary or appropriate.

“(d)(1) Two people appointed pursuant to subsection (c)(2) of this section shall be appointed co-chairs, one by the Chairman and one by the Mayor. The co-chairs shall convene the Coordinating Council no fewer than 4 times each year for the purpose of gathering public input on the Coordinating Council’s recommendations.

“(2) A quorum to transact business shall consist of 50% plus one of the members who are appointed and serving.”.

Section 5(a) of D.C. Law 18-142 provided that the act shall expire after 225 days of its having taken effect.

§ 38–271.08. Early Childhood Development Facility Coordinators. [Not Funded]

Not Funded.

Subchapter II. Enhancement of Existing Pre-K Programs.

§ 38–272.01. Establishing high-quality standards.

(a) The OSSE shall develop high-quality content standards and program requirements that pre-k programs that receive funds under this chapter are required to meet by September 1, 2014.

(b) The program requirements shall include:

(1) An adult-to-child ratio of one-to-8 for children 30 months to 3 years of age and of one-to-10 for children 4 years of age or older, or as otherwise approved by OSSE;

(2) A comprehensive curriculum that is aligned with the District of Columbia Early Learning Standards;

(3) Accreditation by a national accrediting body approved by OSSE;

(4) The minimum hours and days of operation;

(5) Valid and reliable assessments that meet accepted standards of technical adequacy to measure educational objectives and outcomes;

(6) Teacher qualifications, which may include a waiver of certain academic and degree requirements for current teachers, or current assistant teachers, with a minimum of 10 years of experience as of July 18, 2008, who are employed in programs meeting the educational objectives and outcomes of the HQ standards; provided, that by September 1, 2017, all teachers and assistant teachers shall be required to meet the academic and degree requirements as established by the OSSE and approved by the State Board of Education;

(7) A professional development and training plan for pre-k teachers and assistant teachers;

(8) A plan to foster parental support and involvement;

(9) A plan to coordinate support services;

(10) A plan to ensure inclusion of children with disabilities, in accordance with federally-stated goals;

(11) Facilities requirements;

(12) Licensure requirements; and

(13) A process for continuous improvement, classroom assessment, and child outcome assessment.

(July 18, 2008, D.C. Law 17-202, § 201, 55 DCR 6297; Mar. 8, 2011, D.C. Law 18-285, § 2(d), 57 DCR 11005.)

Section References

This section is referenced in § 38-271.01, § 38-273.01, and § 38-274.01.

Effect of Amendments

D.C. Law 18-285 rewrote subsec. (a), which had read as follows: “(a) Within 120 days of July 18, 2008, OSSE shall establish high-quality content standards and program requirements, which have been approved by the State Board of Education, that all pre-k programs are required to meet by September 1, 2014.”

Emergency Legislation

For temporary (90 day) amendment of section, see § 2(d) of Pre-K Acceleration and Clarification Emergency Amendment Act of 2009 (D.C. Act 18-304, January 28, 2010, 57 DCR 1475).

For temporary (90 day) addition of section, see § 4103 of Fiscal Year 2011 Budget Support Emergency Act of 2010 (D.C. Act 18-463, July 2, 2010, 57 DCR 6542).

For temporary (90 day) amendment of section, see § 2(d) of Pre-k Acceleration and Clarification Congressional Review Emergency Amendment Act of 2010 (D.C. Act 18-602, December 1, 2010, 57 DCR 11039).

For temporary (90 day) amendment of section, see § 2(d) of Pre-k Acceleration and Clarification Congressional Review Emergency Amendment Act of 2010 (D.C. Act 19-4, February 11, 2011, 58 DCR 1399).

Temporary Legislation

Section 2(d) of D.C. Law 18-142 rewrote subsec. (a) to read as follows:

“(a) The OSSE shall develop high-quality content standards and program requirements that pre-k programs that receive funds under this act are required to meet by September 1, 2014.”.

Section 5(a) of D.C. Law 18-142 provided that the act shall expire after 225 days of its having taken effect.

Short Title

Short title: Section 4101 of D.C. Law 18-223 provided that subtitle K of title IV of the act may be cited as the “Pre-K Expansion and Program Assistance and Workforce Development Act of 2010”.

Editor's Notes

Section 4103 of D.C. Law 18-223 provided: “Sec. 4103. (a) The OSSE shall ensure that funds utilized to support pre-k community-based classrooms maximize the use of and supplement, not supplant, existing federal and local funding sources, such as Head Start and Child Care Subsidy, that finance education programs for children of pre-k age in the District of Columbia.

“(b) For each provider that meets the high-quality standards established pursuant to section 201 of the Pre-K Enhancement and Expansion Amendment Act of 2008, effective July 18, 2008 (D.C. Law 17-202; D.C. Official Code § 38-272.01), the OSSE shall ensure that local funding shall be allocated in such a manner that each provider receives in total funding per student funding an amount equal to the Uniform Per Student Funding Formula, established pursuant to section 2401 of the District of Columbia School Reform Act of 1995, approved April 26, 1996 (110 Stat. 1321-107; D.C. Official Code § 38-1804.01).”

§ 38–272.02. Program audit requirement.

(a) By July 2009, each pre-k program in the District shall have completed an evaluation, by an independent evaluator, and a financial audit to determine its standing in relation to the required HQ standards.

(b) Within 30 days of July 18, 2008, the Mayor shall submit to the Council for its approval, a plan, including the name of a proposed independent evaluator, to evaluate pre-k programs in accordance with this section. Within 60 days of Council approval, the Mayor shall execute a contract with the approved evaluator.

§ 38–272.03. Pre-k programs assistance grants.

(a) The OSSE shall establish and administer a grant program to assist existing and new pre-k programs in public schools, public charter schools, and CBOs in meeting the required HQ standards. Each grant shall be a 2-year grant.

(b) The OSSE shall establish the criteria for eligibility to receive a grant; provided, that, in evaluating grant applications, OSSE shall give priority to those applications that demonstrate need and a capacity to achieve and maintain the HQ standards.

(c) The Mayor, pursuant to subchapter I of Chapter 5 of Title 2 [§ 2-501 et seq.], shall issue revised administrative and procedural rules for the grant program and HQ standards and submit the rules to the Council within 45 days of March 8, 2011. If the Council does not approve or disapprove the proposed rules, by resolution, within the 45-day review period, the proposed rules shall be deemed approved.

(July 18, 2008, D.C. Law 17-202, § 203, 55 DCR 6297; Mar. 8, 2011, D.C. Law 18-285, § 2(e), 57 DCR 11005.)

Effect of Amendments

D.C. Law 18-285 rewrote subsec. (a); and added subsec. (c). Prior to amendment, subsec. (a) read as follows: “(a) Beginning in September 2009, OSSE shall establish and administer a 5-year grant program to assist pre-k programs in meeting the required HQ standards. Each grant shall be a 2-year grant. The last grants to be awarded pursuant to this section shall be awarded in 2013.”

Emergency Legislation

For temporary (90 day) amendment of section, see § 2(e) of Pre-K Acceleration and Clarification Emergency Amendment Act of 2009 (D.C. Act 18-304, January 28, 2010, 57 DCR 1475).

For temporary (90 day) amendment of section, see § 2(e) of Pre-k Acceleration and Clarification Congressional Review Emergency Amendment Act of 2010 (D.C. Act 18-602, December 1, 2010, 57 DCR 11039).

For temporary (90 day) amendment of section, see § 2(e) of Pre-k Acceleration and Clarification Congressional Review Emergency Amendment Act of 2010 (D.C. Act 19-4, February 11, 2011, 58 DCR 1399).

Temporary Legislation

Section 2(e) of D.C. Law 18-142 rewrote subsec. (a) to read as follows:

“(a) The OSSE shall establish and administer a grant program to assist existing and new pre-k programs in public schools, public charter schools, and CBOs in meeting the required HQ standards. Each grant shall be a 2-year grant.”.; and added subsec. (c) is added to read as follows:

“(c) The Mayor, pursuant to Title I of the District of Columbia Administrative Procedure Act, approved October 21, 1968 (82 Stat. 1204; D.C. Official Code § 2-501 et seq.), shall issue administrative and procedural rules for the grant program and HQ standards and submit the rules within 45 days of the effective date of the Pre-K Acceleration and Clarification Emergency Amendment Act of 2010, passed on emergency basis on January 5, 2010 (Enrolled version of Bill 18-603). If the Council does not approve or disapprove the proposed rules, by resolution, within the 45-day review period, the proposed rules shall be deemed approved.”.

Section 5(a) of D.C. Law 18-142 provided that the act shall expire after 225 days of its having taken effect.

§ 38–272.04. Pre-k Program Assistance Grant Fund; establishment. [Repealed]

Repealed.

Subchapter III. Expansion to Universal Pre-k.

§ 38–273.01. Expansion to universal pre-k.

(a) The OSSE shall conduct, by September 30th of each year, an evaluation of all pre-k programs to establish existing capacity.

(b) By September 2009, and every 5 years thereafter, the OSSE shall submit to the Mayor and the Council a 5-year strategic expansion plan, including an assessment of the number of children interested in attending pre-k and the District’s fiscal and physical capacity to accommodate them.

(c) Beginning in September 2009, and each year thereafter, OSSE shall submit to the Mayor and the Council an implementation plan for the following school year to expand pre-k to the maximum extent possible, but shall expand pre-k each year to accommodate a minimum of 15% of the unserved children, based on the strategic expansion plan, until pre-k programs are available to all children of pre-k age whose parents choose to send them to pre-k.

(d)(1) During the expansion to universal pre-k, OSSE shall use its best efforts to:

(A) Ensure that over a 5-year period a minimum of 25% of all new pre-k programs are operated by CBOs; and

(B) Maintain a balance of diversity among the children.

(2) For the purpose of this subsection, “diversity” means a mix of children:

(A) From families of different income levels;

(B) With, and without, disabilities or special needs; and

(e) A pre-k program established following July 18, 2008, shall comply with the HQ standards, established pursuant to, respectively, §§ 38-271.02(b)(4) and 38-272.01(b), upon the effective date of the HQ standards.

§ 38–273.02. Eligibility and priority for enrollment in pre-k.

(a) To be eligible for enrollment in pre-k, a child shall be a resident of the District and be of pre-k age, or become 3 years of age on or before September 30th of the program year.

(b) Except as provided in subsection (c) of this section, priority enrollment shall be first to children who live within the school’s attendance zone boundary, as established pursuant to law and regulation, if applicable, and then to children whose family income is between 130% and 250% of federal poverty guidelines, and to children whose family income is below 130% who are not served by existing programs.

(c) Enrollment for pre-k programs in District of Columbia Public Charter Schools shall be conducted according to the admission and enrollment provisions of § 38-1802.06.

(July 18, 2008, D.C. Law 17-202, § 302, 55 DCR 6297; Mar. 25, 2009, D.C. Law 17-353, § 306, 56 DCR 1117; Sept. 24, 2010, D.C. Law 18-223, § 4002, 57 DCR 6242.)

Effect of Amendments

D.C. Law 17-353 validated a previously made technical correction in the subsec. (b).

D.C. Law 18-223, in subsec. (b), substituted “Except as provided in subsection (c) of this section, priority enrollment” for “Priority enrollment”; and added subsec. (c).

Emergency Legislation

For temporary (90 day) amendment of section, see § 2(f) of Pre-K Acceleration and Clarification Emergency Amendment Act of 2009 (D.C. Act 18-304, January 28, 2010, 57 DCR 1475).

For temporary (90 day) amendment of section, see § 4002 of Fiscal Year 2011 Budget Support Emergency Act of 2010 (D.C. Act 18-463, July 2, 2010, 57 DCR 6542).

Temporary Legislation

Section 2(f) of D.C. Law 18-142, in subsec. (b), substituted “then, if applicable, to children” for “then to children”.

Section 5(a) of D.C. Law 18-142 provided that the act shall expire after 225 days of its having taken effect.

Short Title

Short title: Section 4001 of D.C. Law 18-223 provided that subtitle A of title IV of the act may be cited as the “Pre-k Enrollment Amendment Act of 2010”.

§ 38–273.03. Restriction on out-of-school discipline for pre-k age students.

(a) Beginning in school year 2015-2016, no student of pre-k age may receive a disciplinary unenrollment, as defined in § 38-236.01(3), from any publicly funded community-based organization, school in the District of Columbia Public Schools system, or public charter school that provides pre-k care and education services to pre-k age children.

(b) Beginning in school year 2015-2016, no student of pre-k age may receive an out-of- school suspension from any publicly funded community-based organization, school in the District of Columbia Public Schools system, or public charter school that provides pre-k care and education services to pre-k age children, unless it is determined by a school or program administrator that the student has willfully caused or attempted to cause bodily injury, or threatened serious bodily injury to another person, except in self-defense. No student of pre-k age may be suspended for longer than 3 days for any individual incident.

Subchapter IV. Workforce Development.

§ 38–274.01. HEI program; DC Collaborative; programmatic and financial report.

(a) The University of the District of Columbia shall establish a Higher Education Incentive Program ("HEI Program") for the purpose of increasing the number of early education teachers teaching in the District, including:

(1) The number of pre-k teachers and assistant pre-k teachers, who meet the degree and credential requirements established by OSSE pursuant to § 38-272.01, working in elementary education in public schools, public charter schools, and CBOs; and

(2) The number of infant and toddler lead and assistant teachers working in child development facilities, as defined in § 7-2031(3), who meet the degree and credential requirements established by OSSE pursuant to § 7-2036.

(a-1) As part of the HEI Program, the University of the District of Columbia may:

(1) Award and administer grants to District of Columbia higher education institutions to increase the number of early education teachers with advanced learning degrees or credentials;

(2) Establish and administer the HEI scholarship program described in § 38-274.02.

(a-2) To assist in the establishment and implementation of the HEI Program, the University of the District of Columbia shall establish and convene a working group, which shall be referred to as the DC Collaborative, comprised of representatives of District of Columbia colleges and universities and the OSSE, and such other individuals as the University of the District of Columbia determines may be helpful to achieve the purposes of the HEI Program.

(b) Repealed.

(d) Repealed.

(e) The University of the District of Columbia shall submit an annual programmatic and financial report to the Mayor and to the Council on the status of the DC Collaborative and the Higher Education Incentive Program.

(f)(1) The University of the District of Columbia ("University") shall select at least 3 community-based child development centers to partner with the University's Early Childhood Infant and Toddler degree program to provide on-site classes for early childhood professionals, with one site offering coursework in a language other than English, sufficient to meet the degree and credential requirements for an Associate's Degree.

(2) The child development centers selected pursuant to paragraph (1) of this subsection and the University shall coordinate to determine and make available necessary supports for degree completion, including child care for program participants and additional academic, family and financial supports.

(July 18, 2008, D.C. Law 17-202, § 401, 55 DCR 6297; Mar. 8, 2011, D.C. Law 18-285, § 2(f), 57 DCR 11005; Oct. 30, 2018, D.C. Law 22-168, § 4022(b), 65 DCR 9388; Oct. 30, 2018, D.C. Law 22-179, § 202(c), 65 DCR 9569.)

Section References

This section is referenced in § 38-271.01, § 38-274.03, and § 38-1202.06.

Effect of Amendments

D.C. Law 18-285 rewrote the section, which formerly read:

“(a) The Higher Education Incentive grant program shall be established by OSSE for the purpose of increasing the number of pre-k teachers, and assistant teachers, with advanced learning credentials. The HEI program shall consist of a consortium of colleges in the District, including the Graduate School, United States Department of Agriculture, that offers continuing education classes for teachers and assistant teachers to obtain a Bachelors degree or an Associates degree.

“(b) The OSSE shall administer the HEI program and award HEI grants, subject to funding, to qualified teachers and assistant teachers.”

Emergency Legislation

For temporary (90 days) amendment of this section, see § 4022(b) of Fiscal Year 2019 Budget Support Congressional Review Emergency Act of 2018 (D.C. Act 22-458, Oct. 3, 2018, 65 DCR 11212).

For temporary (90 days) amendment of this section, see § 4022(b) of Fiscal Year 2019 Budget Support Emergency Act of 2018 (D.C. Act 22-434, July 30, 2018, 65 DCR 8200).

For temporary (90 day) amendment of section, see § 2(f) of Pre-k Acceleration and Clarification Congressional Review Emergency Amendment Act of 2010 (D.C. Act 19-4, February 11, 2011, 58 DCR 1399).

Temporary Legislation

Section 2(g) of D.C. Law 18-142 rewrote the section to read as follows:

“Sec. 401. DC Collaborative; HEI program; HEI scholarship program; career and compensation plan.

“(a) The University of the District of Columbia shall establish and convene a collaborative of District of Columbia colleges and universities (‘DC Collaborative’) to craft the HEI program and HEI scholarship program, in collaboration with the Office of the State Superintendent of Education, for the purpose of increasing the number of teachers and assistant teachers in public schools, public charter schools, and CBOs who are meeting degree and credential requirements established by the OSSE pursuant to section 201.

“(b)(1) The DC Collaborative shall develop a pre-k workforce development plan, which shall include:

“(A) A clearly articulated vision statement of how the DC Collaborative intends to attract and retain a highly-qualified pre-k workforce;

“(B) Stated goals and strategies based upon a needs assessment of the current pre-k workforce in public schools, public charter schools, and CBOs and a review of higher education institutional capacity;

“(C) The scope and structure of the HEI program and the HEI scholarship program; and

“(D) A timeline and benchmarks for the planning and implementation of the HEI program and the HEI scholarship program.

“(2) The University of the District of Columbia shall submit the pre-k workforce development plan to the Council for review by March 15, 2010.

“(c) As the convener of the DC Collaborative, the University of the District of Columbia shall facilitate the development and implementation of the HEI program, including the distribution of funds to higher education institutions according to their capacity or need, and the HEI scholarship program.

“(d) The University of the District of Columbia shall submit to the OSSE, a proposed career and compensation plan under which a teacher in the CBO sector will be compensated once the teacher meets the degree and credentials requirements established by the OSSE pursuant to section 201.”.

Section 5(a) of D.C. Law 18-142 provided that the act shall expire after 225 days of its having taken effect.

§ 38–274.01a. Transfer of authority, assets, and funds. [Repealed]

Repealed.

(July 18, 2008, D.C. Law 17-202, § 401a; as added Mar. 8, 2011, D.C. Law 18-285, § 2(g), 57 DCR 11005; Oct. 30, 2018, D.C. Law 22-168, § 4022(c), 65 DCR 9388.)

Emergency Legislation

For temporary (90 days) repeal of this section, see § 4022(c) of Fiscal Year 2019 Budget Support Congressional Review Emergency Act of 2018 (D.C. Act 22-458, Oct. 3, 2018, 65 DCR 11212).

For temporary (90 days) repeal of this section, see § 4022(c) of Fiscal Year 2019 Budget Support Emergency Act of 2018 (D.C. Act 22-434, July 30, 2018, 65 DCR 8200).

For temporary (90 day) amendment of section, see § 2(g) of Pre-K Acceleration and Clarification Emergency Amendment Act of 2009 (D.C. Act 18-304, January 28, 2010, 57 DCR 1475).

For temporary (90 day) addition, see § 2(h) of Pre-K Acceleration and Clarification Emergency Amendment Act of 2009 (D.C. Act 18-304, January 28, 2010, 57 DCR 1475).

For temporary (90 day) addition, see § 2(g) of Pre-k Acceleration and Clarification Congressional Review Emergency Amendment Act of 2010 (D.C. Act 18-602, December 1, 2010, 57 DCR 11039).

For temporary (90 day) amendment of section, see § 2(f) of Pre-k Acceleration and Clarification Congressional Review Emergency Amendment Act of 2010 (D.C. Act 18-602, December 1, 2010, 57 DCR 11039).

For temporary (90 day) addition of section, see § 2(g) of Pre-k Acceleration and Clarification Congressional Review Emergency Amendment Act of 2010 (D.C. Act 19-4, February 11, 2011, 58 DCR 1399).

Temporary Legislation

Section 2(h) of D.C. Law 18-142 added a section to read as follows: “Sec. 401a. Transfer of authority, assets, and funds.

“(a) The authority to establish the HEI program and the HEI scholarship program is transferred from the OSSE to the University of the District of Columbia.

“(b) Within 30 days of the effective date of the Pre-k Acceleration and Clarification Emergency Amendment Act of 2010, passed on emergency basis on January 5, 2010 (Enrolled version of Bill 18-603), any real and personal property, positions, assets, and records relating to the HEI program or the HEI scholarship program, or to the planned establishment of the programs, shall become the property of the University of the District of Columbia, and any unexpended balances of appropriations, allocations, or other funds available or to be made available to the OSSE for the HEI program or the HEI scholarship program, or the planned establishment of the programs, shall be transferred to the HEIG fund.”.

Section 5(a) of D.C. Law 18-142 provided that the act shall expire after 225 days of its having taken effect.

§ 38–274.02. HEI scholarship program.

(a)(1) As part of the HEI Program, the University of the District of Columbia may establish and administer a scholarship-award program for qualified individuals who have an interest in the early childhood development field or pre-k education field.

(2) In exchange for a commitment to teach in the early childhood development or the pre-k education system in the District for 3 years, the University of the District of Columbia may provide to a qualified applicant a scholarship, stipend, tuition assistance, or other financial assistance, including financial assistance for mentoring, tutoring, transportation, and child care expenses, to remove barriers to attaining or seeking to attain a higher education credential in the field of early childhood development or early childhood education.

(b)(1) A qualified applicant shall be a high school graduate enrolled in a post-secondary institution receiving funding pursuant to this subchapter in an effort to pursue an associate degree in education or early childhood education or a bachelor of arts degree in education, human development, or early childhood education.

(2) A preference shall be given to individuals who:

(A) Are domiciled in the District;

(B)(i) Work in a bilingual childhood development facility in the District that is licensed by the Office of the State Superintendent of Education; and

(ii) Are required to obtain an associate degree or bachelor's degree pursuant to sections 164 to 171 of Title 5-A of the District of Columbia Municipal Regulations (5-A DCMR §§ 164-171);

(D) Commit to be domiciled in the District within 180 days of accepting a scholarship.

(c) An individual who accepts the scholarship and fails to fulfill the 3-year commitment shall be required to repay the scholarship.

(July 18, 2008, D.C. Law 17-202, § 402, 55 DCR 6297; Mar. 8, 2011, D.C. Law 18-285, § 2(h), 57 DCR 11005; Oct. 30, 2018, D.C. Law 22-168, § 4022(d), 65 DCR 9388; Nov. 13, 2021, D.C. Law 24-45, § 4082, 68 DCR 010163.)

Section References

This section is referenced in § 38-271.01.

Effect of Amendments

D.C. Law 18-285, in subsec. (a), substituted “grants” for “grants to pre-k teachers and assistant teachers” and “the University of the District of Columbia” for “OSSE”.

Emergency Legislation

For temporary (90 days) amendment of this section, see § 4082 of Fiscal Year 2022 Budget Support Emergency Act of 2021 (D.C. Act 24-159, Aug. 23, 2021, 68 DCR 008602).

For temporary (90 days) amendment of this section, see § 4022(d) of Fiscal Year 2019 Budget Support Congressional Review Emergency Act of 2018 (D.C. Act 22-458, Oct. 3, 2018, 65 DCR 11212).

For temporary (90 days) amendment of this section, see § 4022(d) of Fiscal Year 2019 Budget Support Emergency Act of 2018 (D.C. Act 22-434, July 30, 2018, 65 DCR 8200).

For temporary (90 day) amendment of section, see § 2(i) of Pre-K Acceleration and Clarification Emergency Amendment Act of 2009 (D.C. Act 18-304, January 28, 2010, 57 DCR 1475).

For temporary (90 day) amendment of section, see § 2(h) of Pre-k Acceleration and Clarification Congressional Review Emergency Amendment Act of 2010 (D.C. Act 18-602, December 1, 2010, 57 DCR 11039).

For temporary (90 day) amendment of section, see § 2(h) of Pre-k Acceleration and Clarification Congressional Review Emergency Amendment Act of 2010 (D.C. Act 19-4, February 11, 2011, 58 DCR 1399).

Temporary Legislation

Section 2(i) of D.C. Law 18-142 deleted “to pre-k teachers and assistant teachers”; and substituted “the University of the District of Columbia” for “OSSE” both times it appears.

Section 5(a) of D.C. Law 18-142 provided that the act shall expire after 225 days of its having taken effect.

§ 38–274.03. Higher Education Incentive Program Fund.

(a)(1) There is established as a special fund the Higher Education Incentive Program Fund ("HEIP Fund"), which shall be administered by the University of the District of Columbia in accordance with subsection (b) of this section.

(2) The HEIP Fund shall be funded through:

(A) Local funds;

(B) Federal funds;

(D) Grants, gifts, or subsidies from public or private sources.

(b) Money in the HEIP Fund shall be used for the following purposes:

(1) To fund awards issued pursuant to the HEI scholarship program; and

(2) To pay for the costs of administering the HEI Program, not to exceed 10% of the balance of the HEIP Fund per fiscal year.

(c)(1) The money deposited into the HEIP Fund shall not revert to the unrestricted fund balance of the General Fund of the District of Columbia at the end of a fiscal year, or at any other time.

(2) Subject to authorization in an approved budget and financial plan, any funds appropriated in the Fund shall be continually available without regard to fiscal year limitation.

(d) The HEIP Fund shall appear as a separate program line within the budget of the University of the District of Columbia.

(July 18, 2008, D.C. Law 17-202, § 403; as added Mar. 8, 2011, D.C. Law 18-285, § 2(i), 57 DCR 11005; Oct. 30, 2018, D.C. Law 22-168, § 4022(e), 65 DCR 9388.)

Section References

This section is referenced in § 38-271.01.

Emergency Legislation

For temporary (90 days) amendment of this section, see § 4022(e) of Fiscal Year 2019 Budget Support Congressional Review Emergency Act of 2018 (D.C. Act 22-458, Oct. 3, 2018, 65 DCR 11212).

For temporary (90 days) amendment of this section, see § 4022(e) of Fiscal Year 2019 Budget Support Emergency Act of 2018 (D.C. Act 22-434, July 30, 2018, 65 DCR 8200).

For temporary (90 day) addition, see § 2(j) of Pre-K Acceleration and Clarification Emergency Amendment Act of 2009 (D.C. Act 18-304, January 28, 2010, 57 DCR 1475).

For temporary (90 day) addition of section, see § 2(i) of Pre-k Acceleration and Clarification Congressional Review Emergency Amendment Act of 2010 (D.C. Act 18-602, December 1, 2010, 57 DCR 11039).

For temporary (90 day) addition of section, see § 2(i) of Pre-k Acceleration and Clarification Congressional Review Emergency Amendment Act of 2010 (D.C. Act 19-4, February 11, 2011, 58 DCR 1399).

Temporary Legislation

Section 2(j) of D.C. Law 18-142 added a section to read as follows:

“Sec 403. Higher Education Incentive Grant Fund; establishment.

“(a)(1) There is established as nonlapsing fund, the Higher Education Incentive Grant Fund (‘HEIG fund’), which shall be a separate program line within the University of the District of Columbia budget. All funds deposited into the HEIG fund shall not revert to the unrestricted fund balance of the General Fund of the District of Columbia at the end of a fiscal year, or at any other time, but shall be continually available for the uses and purposes set forth in subsection (b) of this section without regard to fiscal year limitation, subject to authorization by Congress.

“(2) The HEIG fund shall be funded through:

“(A) Local funds;

“(B) Federal funds;

“(C) Federal grant funds; and

“(D) Grants, gifts, or subsidies from public or private sources.

“(b) The funds in the HEIG fund shall be used:

“(1) To fund the HEI program and the HEI scholarship program;

“(2) For administrative costs and monitoring of the HEIG fund, not to exceed 10% of the fund balance per fiscal year; and

“(3) To develop the pre-k workforce development plan in accordance with section 401.”.

Section 5(a) of D.C. Law 18-142 provided that the act shall expire after 225 days of its having taken effect.

Subchapter V. Rulemaking.

§ 38–275.01. Rules.

(a) The Mayor, pursuant to subchapter I of Chapter 5 of Title 2 [§ 2-501 et seq.], shall issue rules to implement the provisions of this chapter. The proposed rules shall be submitted to the Council for a 30-day period of review, excluding Saturdays, Sundays, legal holidays, and days of Council recess. If the Council does not approve or disapprove the proposed rules, by resolution, within this 30-day review period, the proposed rules shall be deemed approved.

(b) All rules and regulations, issued under appropriate authority, prior to July 18, 2008, shall continue in full force and effect until superseded by the rules issued pursuant to subsection (a) of this section.