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(2) Repealed.

(2A) Repealed.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.