D.C. Law Library
Code of the District of Columbia

Chapter 4. Day Care.

§ 4–401. Definitions.

As used in this chapter:

(1) The term "assistant teacher" means a child development facility employee in one of the following roles who cares for children aged 5 or under, toddlers, or infants:

(A) Assistant teacher in a child development center, as defined in 5-A DCMR § 166.1, including an assistant teacher employed in a Pre-K Enhancement and Expansion Program Community Based Organization; or

(B) Associate caregiver in an expanded child development home, as defined in 5-A DCMR § 171.

(1A) The term "Associate's" means an associate's degree from an institution of higher education accredited by an agency recognized by the U.S. Secretary of Education or the Council for Higher Education Accreditation.

(1B) The term "Bachelor's" means a bachelor's degree from a college or university accredited by an agency recognized by the U.S. Secretary of Education.

(1C) The term "child" means an individual between 3 and 15 years of age.

(1D) The term “Child Development Associate credential” means a credential recognized by the Council for Professional Recognition and accepted by the Office of the State Superintendent of Education to demonstrate competency as a caregiver for young children.

(2) The term “child development center” means a child development facility for more than 5 children which provides a full day (more than 4 but less than 24 hours per day), part day (up to 4 hours per day) or before and after school child development program, including such programs provided during school vacations.

(2A) The term "CDF payroll formula" means the child development facility payroll funding formula the Department establishes pursuant to § 4-402(b)(1).

(2B) "Child development facility" means a center, home, or other structure that is licensed by the Office of the State Superintendent of Education to provide care and other services, supervision, and guidance for children, infants, and toddlers on a regular basis, regardless of its designated name. The term "child development facility" does not include a public or private elementary or secondary school engaged in legally required educational and related functions.

(3) The term “child development home” means a private residence which provides a child development program for up to a total of 6 children with a ratio of one adult caregiver to 2 children if there are 2 or more children younger than 2 years of age in the group; provided, that each adult caregiver possesses a post-secondary degree in early childhood education or a related field as determined by the Office of the State Superintendent of Education, hold a current Child Development Associate (“CDA”) credential, is enrolled in a CDA training program, or can provide evidence of enrollment in a CDA training program that will begin within 6 months of the first day of the adult caregiver’s work with children at the child development home. The total of 6 children shall not include those of the caregiver who are 6 years or older; provided, that the total number of children of the caregiver between the ages of 6 and 15 years shall not exceed 3, and of those 3 children, no more than 2 shall be age 10 years or younger. A child development home shall also include care given to a child by a caregiver related to the child. For the purpose of this paragraph, the term “related” means any of the following relationships by marriage, blood, or adoption: Grandparent, parent, brother, sister, step-sister, step-brother, uncle, or aunt.

(3A) The term “children of families who are at-risk” means children living in low-income working families with limited community and family resources or services available to them, such that they are at-risk of becoming dependent upon assistance from the TANF program.

(3B) The term "concentrated poverty" means an area in which 40% or more of a census tract population lives below the federal poverty level, as updated periodically in the Federal Register by the United States Department of Health and Human Services pursuant to section 673(2) of the Community Services Block Grant Act, approved October 27, 1998 (112 Stat. 2729; 42 U.S.C. § 9902(2)).

(3C) The term "cost modeling analysis" means the methodology for determining the likely cost of delivering services and reimbursement rates to achieve financial solvency at each level of the District's current Quality Rating and Improvement system.

(3D) The term "cost of care" means the daily per-child dollar amount necessary for a child development facility to deliver services to maintain financial solvency at each level of the District's current Quality Rating and Improvement system.

(4) The term “Department” means the the Office of the State Superintendent of Education.

(4A) The term "Early Childhood Educator Pay Equity Fund" means the special fund established pursuant to § 1-325.431.

(4B) The term "ECE" means early childhood education.

(4C) The term "ECE salary scale" means the early childhood educator salary scale for lead and assistant teachers established and updated pursuant to § 4-410.02(b).

(4D) The term "infant" means an individual younger than 12 months of age.

(5) The term “in-home care” means a child care program provided in a child’s home by an in-home caregiver pursuant to § 4-411.

(5A) The term "lead teacher" means a child development facility operator or employee in one of the following roles, who cares for children aged 5 and under, toddlers, or infants:

(A) A teacher in a child development center, as defined in 5-A DCMR § 165.1, excluding a teacher employed to teach pre-kindergarten in a Pre-K Enhancement and Expansion Program Community Based Organization;

(B) A child development home caregiver, as defined in 5-A DCMR § 168.1; or

(C) An expanded child development home caregiver, as defined in 5-A DCMR § 170.2.

(5B) Repealed.

(5C) The term "Quality Rating Improvement System" or "QRIS" means the method utilized by the Office of the State Superintendent of Education to assess the level of quality of child care provided by a child development facility.

(5D) The term “TANF” means the Temporary Assistance for Needy Families as defined in § 4-201.01.

(6) The term “termination of employment” means loss of employment by a parent resulting from a reduction in force, or in the case of private employment, a layoff or reduction in personnel due to budgetary constraints of the employer.

(7) The term "toddler" means an individual between 12 months of age and 36 months of age.

(8) The term "vulnerable child" means:

(A) A child with documented special needs;

(B) A child experiencing homelessness;

(C) A child in foster care;

(D) A child receiving or needing to receive protective services;

(E) A child of a parent with disabilities, either medical, psychological, or psychiatric in nature, that prevents them from performing a substantial amount of work; or

(F) A child of a parent receiving vocational rehabilitation services.

§ 4–402. Day care program authorized; funding system for child development facilities.

(a) The Department is hereby authorized to provide a broad program of day care services for children of parents referred or approved by the Department for various training and work incentive programs, for children of other parents known to the Department where day care appears to be in the child’s best interest, and for children of low-income families, otherwise unknown to the Department, where the parents are employed outside of the home. As a part of its broad program of day care services, the Department shall develop a funding system for all child development facilities serving such children consistent with the provisions of this chapter that will encourage such facilities to:

(1) Provide a setting and a comprehensive program for the critically important early childhood development experience that will include, but not necessarily be limited to, educational, social, recreational, transportation, health, and nutritional services;

(2) Provide services directed to the total well-being of the child and the stabilization of the family unit;

(3) Provide a program which incorporates a broad-based parent and community participation component;

(4) Provide a resource to enable parents to join or remain in the work force, participate in job training and to attain self-sufficiency and independence for their families;

(5) Provide a program which protects children of working parents from neglect or inadequate care; and

(6) Provide a program which supports the childcare needs of children with disabilities and their families.

(b) The Department is further authorized to provide supplemental payments to child development facilities licensed pursuant to § 7-2034 to implement the ECE salary scale. The Department shall:

(1) Establish and periodically update a child development facilities payroll funding formula through rules issued pursuant to subchapter I of Chapter 5 of Title 2, which the Department shall use to issue payments from the Early Childhood Educator Pay Equity Fund to licensed child development facilities that enter into contracts or agreements with the Department to implement the minimum salaries provided in the ECE salary scale;

(2) Publish a recommended salary schedule, consistent with the minimum salaries in the ECE salary scale, which shall include pay bands or steps that reflect proposed salary increases based on experience or time-in-position;

(3) Establish requirements for licensed child development facilities to receive CDF payroll formula funds;

(4) Execute contracts or agreements with licensed child development facility operators to govern Department distribution and facility use and administration of CDF payroll formula funds, which shall:

(A) Be renewed not less frequently than once every 3 years;

(B) Describe the basis on which CDF payroll formula payments will be calculated;

(C) Provide a schedule of when the Department will distribute CDF payroll formula payments;

(D) State requirements for participating facilities and remedies for failure to meet requirements; and

(E) Specify reporting and auditing requirements for participating facilities; and

(5) Ensure that licensed child development facilities that receive CDF payroll formula funds pay lead teachers and assistant teachers employed by the child development facility wages or salaries, on a regular basis, that meet or exceed the minimum salaries in the ECE salary scale applicable for an employee's role and credentials.

(b-1) The Department is further authorized to:

(1) Make grants, as authorized by § 38-2613(c)(5), to child development facilities to support the costs of:

(A) Maintaining dedicated slots for infants, toddlers, and preschoolers with disabilities;

(B) Providing out-of-school-time programming to school-aged children with disabilities; and

(2) Establish a referral program to place children with disabilities in dedicated grant-funded slots.

(c)(1) By March 1, 2023, the Department shall publish the first CDF payroll formula, which shall be based on the recommendations in the Final Report of the Early Childhood Educator Equitable Compensation Task Force, introduced March 23, 2022 (RC 24-154), and take into account the cost modeling analysis conducted pursuant to section 11a(b). The CDF payroll formula shall incorporate the estimated cost for child development facilities to implement the minimum salaries specified in § 4-410.02(b). The publication shall include:

(A) The estimated total cost of payments to be made to child development facilities in Fiscal Year 2024;

(B) An explanation of the methodology used to develop the CDF payroll formula; and

(C) The information required to be reported pursuant to § 4-410.01(c).

(2) The proposed CDF payroll formula shall account for valid and reliable indicators of child, family, or community economic disadvantage and resources, in order to direct increased funding to child development facilities serving families and communities with fewer economic resources.

§ 4–402.01. Funding for day care provided by D.C. Public Schools.

(a) In Fiscal Year 2004, the Department may transfer no more than $6 million to the D.C. Public Schools for the purpose of funding an after-school day care program pursuant to a memorandum of understanding. The memorandum of understanding shall include the following program requirements:

(1) Participation in the program shall be based on TANF eligibility;

(2) Verification of family income shall be required before a child may be enrolled in the program;

(3) Priority shall be given to children of families actively participating in TANF;

(4) Additional slots shall be allocated on the sliding scale set forth in § 4-405(b); and

(5) Records documenting the costs of the program shall be maintained and provided to the Department on an annual basis, including:

(A) Verifiable data establishing the number of children enrolled by the program;

(B) Documentation that each enrolled child met the eligibility requirements for the program; and

(C) Reports documenting, for each month of operation, the funds expended in relation to service delivery.

§ 4–403. Payment of full cost by Department. [Repealed]

Repealed.

§ 4–404. Supplemental payments by Department. [Repealed]

Repealed.

§ 4–404.01. Supplemental payments by the Mayor.

(a) The Mayor is hereby authorized to supplement the cost of child care services with District funds when appropriated and available for the following:

(1) Children of families who are receiving assistance under the TANF program and whose families are attempting through work activities to transition off the TANF program;

(2) Children of families who are at-risk of becoming dependent on the TANF program;

(3) Children of families who are low-income but working, as defined by the TANF program;

(4) Children receiving protective care services;

(5) Children in foster care placement; and

(6) Children of a teen parent under 21 years of age who is either in foster care or a ward of the District and is either working or enrolled in a verified job training or education program.

(7) Repealed.

(8) Repealed.

(b) Any child care funds available under title IV-E of the Social Security Act, approved June 17, 1980 (94 Stat. 501; 42 U.S.C. § 670 et seq.), shall be the first source for reimbursement to the District for the cost of child care for children in foster care.

(c) The supplemental payment authorized by this section shall be paid, in accordance with a daily rate and sliding fee scale, directly to the child development center, child development home, relative, or in-home care giver actually providing services.

§ 4–405. Schedule of payments by parents.

(a) Parents who receive day care services pursuant to § 4-404 [repealed] shall pay a portion of services according to the sliding scale set forth in subsection (b) of this section.

(b)

IncrementAdjusted IncomeParent Fee (Percent of Child Care Paid by Parent)
1Under $8,020Flat Fee of $2 per week
2$8,020–$9,0125%
3$9,013–$10,00510%
4$10,006–$10,99815%
5$10,999–$11,99120%
6$11,992–$12,98425%
7$12,985–$13,97730%
8$13,978–$14,97035%
9$14,971–$15,96340%
10$15,964–$16,95645%
11$16,957–$17,94950%
12$17,950–$18,94255%
13$18,943–$19,93560%
14$19,936–$20,92865%
15$20,929–$21,92170%
16 Over$21,921100%

(c) The fee schedule shall be effective April 1, 1990. The Mayor may revise the fee schedule by rule.

§ 4–406. Responsibility of Department for payment.

The Department shall be responsible for payment of day care fees to:

(1) A child development home, after admission of a particular child, for its part of the appropriate rate for up to 15 consecutive days for that child when absence is caused by illness of the child or a change in the parent’s training status, provided the child is in regular attendance and the parent remains eligible or a space is being reserved;

(2) A child development home or child development center that has contracted with the Mayor to provide day care services and that has documented that services were provided (this payment shall include payment for District and federal holidays and snow days);

(3) An in-home caregiver, only for those days when the in-home caregiver is present in the home of the mother or caretaker relative and rendering services as agreed.

§ 4–407. Collection of overpayments.

An overpayment by the Department to a child development center, child development home, or to an in-home caregiver who is continuing to provide day care services shall be collectible in any amount.

§ 4–408. Waiver of overpayments.

The collection of an overpayment of not more than $25 may be waived for child development centers, child development homes, or in-home caregivers who are no longer providing day care services for the Department.

§ 4–409. Contracts with licensed child development centers; payment for services.

(a) Except as provided in § 4-410.02, the Department shall, on an annual basis, enter into contracts or agreements with licensed child development centers to provide day care services for children described in § 4-404.01. Payment for such services shall be on the following basis:

(1) Subject to subsections (b) through (h) of this section, payments to child development centers for care of these children shall be made on a monthly basis according to the following rates:

(A) For full care other than that provided under subparagraph (B) of this paragraph, child development centers shall receive $18 per day for each child, plus $1 per day for each child to whom the child development center provides transportation.

(B) For full care provided only during summers and vacations to children who otherwise do not receive care under this section or who otherwise receive only part-time care, child development centers shall receive $14.40 per day for each child.

(C) For part-time care, child development centers shall receive $9 per day for each child.

(2) No child development center shall be paid more than its stated rate prior to the application of its sliding fee scale for children not eligible for subsidized care.

(3) The Mayor, pursuant to subchapter I of Chapter 5 of Title 2, shall issue rules to establish differentiated payment rates for child development centers that reflect variations in the costs of providing services to children of different age groups which shall not be below the rates established pursuant to subsections (a)(1) and (h)(2) [sic] of this section.

(b) For child development centers that reserve at least 25% of their classroom capacity for children eligible for funding under this chapter, the Department shall, on or before August 1, 1979, for fiscal year 1980 and at least 90 days prior to the beginning of each subsequent fiscal year, specify the number of spaces it projects will be utilized by children eligible for funding under this chapter during the next fiscal year, and provide written notification of its projection to each such center.

(c) Payment shall be made by the Department to child development centers for all such spaces specified for reservation in accordance with subsection (b) of this section, so long as they remain available and are able to be utilized by children eligible for funding under this chapter.

(d) Reimbursement by the Department to child development centers providing services on a year-round basis shall be based upon a 260-day year.

(e) Repealed.

(f) The Department shall delegate the function of determining the eligibility of children to be served by each child development center whenever:

(1) The center has requested to perform this function; and

(2) The Department has determined, based on the center’s current performance of this function or otherwise, that the center has exhibited a reasonable capability to carry out such function.

(g) The Department shall retain all fees collected from parents of eligible children pursuant to subsection (a) of this section as specified by the fee scale set forth in § 4-405.

(h) The rates established pursuant to subsection (a) of this section may be adjusted by the Mayor through promulgation of a rule in accordance with the rulemaking provisions of subchapter I of Chapter 5 of Title 2.

§ 4–410. Payments to child development homes and to in-home caregivers.

(a) Except as provided in § 4-410.02, payments to child development homes and to in-home caregivers shall be made according to the following rates:

(1) For full care:

(A) Child development homes shall receive $12 per day for each child.

(B) In-home caregivers shall receive $7.25 per day for each child for care during the day and $8.25 per night for each child for night care.

(2) For part-time care:

(A) Child development homes shall receive $6 per day for each child for before and after school care.

(B) In-home caregivers shall receive $5.75 per day for each child for before and after school care and $4 per night for each child for night care of less than 6 hours.

(a-1) The Mayor, pursuant to subchapter I of Chapter 5 of Title 2, shall issue rules to establish differentiated payment rates for child development homes and in-home caregivers that reflect variations in the cost of providing services to children of different age groups which shall not be below the rates established pursuant to subsections (a) and (b)(2) [sic] of this section.

(b) The rates established pursuant to subsection (a) of this section may be adjusted by the Mayor through promulgation of a rule in accordance with the rulemaking provisions of subchapter I of Chapter 5 of Title 2.

§ 4–410.01. Studies of child development facilities for infants and toddlers.

(a) OSSE shall make public its payment rates for child development facilities participating in the child care subsidy program by October 1 of each year.

(b) By March 1, 2023, February 1, 2024, and on a triennial basis thereafter, OSSE shall conduct a cost modeling analysis to estimate the costs of care for child development facilities in the District. The analysis shall incorporate the cost of implementing the ECE salary scale established and updated pursuant to § 4-410.02(b).

(c) By February 1, 2024, and on a triennial basis thereafter, OSSE shall submit a report to the Council that includes:

(1) The findings from the cost modeling analysis, updated to include the current ECE salary scale;

(2) A description of the methodology used to determine the cost of care, including the ECE salary scale;

(3) An analysis of child development facilities that assesses:

(A) Quality rating under the Quality Rating and Improvement System;

(B) Type of facility;

(C) Number and age of infants, toddlers, and children served and number of classrooms per age-group;

(D) Proportion and reimbursement rate for infants, toddlers, and children served who participate in the child care subsidy program;

(E) Staffing costs associated with applying the ECE salary scale;

(F) Whether the facility participates in a shared service alliance, including the Quality Improvement Network;

(G) Total number of early childhood educators, differentiated by role and credential, used in the cost modeling analysis;

(H) Payroll costs associated with ensuring all applicable federal and District labor laws are implemented in each child development facility; and

(I) Costs associated with employer-paid benefits packages; and

(4) An assessment of the Early Childhood Educator Pay Equity Fund's ability to fund the implementation of the ECE salary scale in all child development facilities who have agreements with the Department.

§ 4–410.02. Payments to child development facilities.

(a)(1) By October 1, 2024, and on a triennial basis thereafter, the Department shall establish child care subsidy payment rates for child development facilities providing care for infants, toddlers, and children ages birth to 5.

(2) Subject to available appropriations, the child care subsidy rates shall be sufficient to, when combined with CDF payroll formula payments, provide a child development facility with funding to operate based on a cost modeling analysis that incorporates costs incurred as a result of implementing the ECE salary scale. CDF payroll formula payments shall be supplemental to child care subsidy payments.

(b) Beginning in Fiscal Year 2024, child development facilities that enter into a contract or agreement with the Department to receive monies from the Early Childhood Educator Pay Equity Fund shall use such monies to pay, at minimum, the salaries for assistant and lead teachers listed in Tables 1 and 2:

Table 1: Assistant Teacher Minimum Salaries
Credential Level Minimum salary
Less than a CDA $43,865/year
CDA $51,006/year
Associate's $54,262/year
Table 2: Lead Teacher Minimum Salaries
Credential Level Minimum salary
CDA or 48 credit hours with greater than or equal to 15 credit hours in ECE $54,262/year
Associate's in ECE or Associate's with greater than or equal to 24 credit hours in ECE $63,838/year
Bachelor's in ECE or Bachelor's with greater than or equal to 24 credit hours in ECE $75,103/year

(c)(1) Beginning February 1, 2023, and annually by February 1 thereafter, the Department shall recommend updates to Tables 1 and 2 to reflect minimum assistant teacher and lead teacher salaries for the following fiscal year. The proposed updates shall incorporate the following principles:

(A) The minimum salary for a lead teacher with a bachelor's degree in ECE or a bachelor's degree with greater than or equal to 24 credit hours in ECE shall be equal to or greater than the minimum salary of a full-time, 12-month teacher with a bachelor's degree employed by the District of Columbia Public Schools.

(B) The minimum salary for a lead teacher with an associate's degree in ECE or an associate's degree with greater than or equal to 24 credit hours in ECE shall aim to be 85% of the minimum salary of a lead teacher with a bachelor's degree in ECE or a bachelor's degree with great than or equal to 24 credit hours in ECE.

(C) The minimum salary for a lead teacher with a CDA or 48 credit hours with greater than or equal to 15 credit hours in ECE shall aim to be 85% of the minimum salary of a lead teacher with an associate degree in ECE or an associate degree with greater than or equal to 24 credit hours in ECE.

(D) The minimum salary for an assistant teacher with an associate degree should be equal to the minimum salary of a lead teacher with a CDA or 48 credit hours with greater than or equal to 15 credit hours in ECE.

(E) The minimum salary for an assistant teacher with a CDA should be equal to 94% of the minimum salary for an assistant teacher with an associate degree.

(F) Each salary level shall annually increase in proportion to the annual average increase, if any, in the Consumer Price Index for All Urban Consumers in the Washington Metropolitan Statistical Area published by the Bureau of Labor Statistics of the United States Department of Labor for the previous calendar year, rounded to the nearest multiple of $.05; provided, that the increase shall not exceed 3%.

(2) The Department shall aim to maintain the ongoing solvency of the Early Childhood Educator Pay Equity Fund. If the Department's recommended updates to Tables 1 and 2 in subsection (b) of this section deviate from the principles set forth in paragraph (1) of this subsection, it shall provide an explanation for the deviation.

(3) The Mayor shall include the updated tables in the Mayor's annual budget submission to the Council.

(d)(1) In the event that funds available in the Early Childhood Educator Pay Equity Fund are insufficient to cover the costs to implement the ECE salary scale, the Department may do any combination of the following:

(A) Reduce CDF payroll formula payments to child development facilities to align with the availability of funds and issue guidance to facilities for adjusting implementation of the ECE salary scale for the fiscal year; or

(B) Reduce the number of child development facilities receiving CDF payroll formula payments, in which case the Department shall prioritize funding to child development facilities receiving subsidy payments pursuant to section 5a.

(2) The Department shall notify the Council of reductions authorized in paragraph (1) of this subsection within 5 business days after the decision to make such reductions is made.

§ 4–410.03. Subsidized child care services. [Not Funded]

Not Funded.

§ 4–410.04. Early Childhood Development Fund. [Repealed]

Repealed.

§ 4–411. Standards for in-home care.

Guidelines and standards for in-home care shall be as follows:

(1) In-home care within the child’s own home, by an in-home caregiver, shall be used only when other day care plans are not feasible and in-home care offers greater benefits to the mother or other responsible relative and the child;

(2) In-home care may be provided, as appropriate and available, for children of eligible persons in training and during their subsequent employment, and for TANF or POWER children living with caretaker relatives (not parents) when day or night care is required due to employment of the caretaker relative;

(3) In-home care shall be arranged by mutual agreement between the child’s own mother or caretaker relative, the in-home caregiver, and the Department;

(4) Selection of the in-home caregiver shall be made by the parent, subject to final approval by the Department;

(5) The Department shall make direct payments to the in-home caregiver for services rendered;

(6) The in-home caregiver shall be of an age between 21 and 70 years;

(7) The in-home caregiver shall furnish the Department with the same medical certification of good health as that required for licensed caregivers pursuant to § 403 (j) of Regulation No. 74-34 (Child Development Facilities Regulation). Further, the in-home caregiver shall furnish the Department with medical certification of good health for any child of her own whom she brings to the home of the mother or caretaker relative;

(8) Duties of the in-home caregiver shall be limited to supervision of the child or children in her care, preparation and serving of appropriate meals or snacks, and washing of dishes and utensils used in the preparation of food;

(9) The in-home caregiver shall have no more than 2 preschool children of her own;

(10) The in-home caregiver shall not care for children other than her own and the child or children of the TANF or Power mother or caretaker relative;

(11) If the in-home caregiver brings her own children to the home of the TANF or POWER mother or caretaker relative, an agreement shall be reached between them as to the amount of food she brings for their needs; and

(12) The in-home caregiver shall have prior experience in child care, either with her own children or siblings.

§ 4–412. Compliance with District regulation.

(a) Any child development center or child development home that contracts or agrees with the Department to provide day care shall comply with all applicable provisions of Regulation No. 74-34 (Child Development Facilities Regulation).

(b) Licenses issued to child development facilities or child development homes under this section or any other provision of law shall be issued as a Public Health: Child Health and Welfare endorsement to a basic business license under the basic business license system as set forth in subchapter I-A of Chapter 28 of Title 47.

§ 4–413. Monitoring day care services; publication of procedures; compliance with federal regulations.

(a) The Department shall be responsible for monitoring the provision of day care services to assure that adequate services are provided to the children and that contractual and other agreements are met.

(b) The Department shall develop and publish procedures that will assure that any licensed child development center or home in the District of Columbia can apply to provide day care services to eligible children.

(c) Child development facilities contracting or agreeing with the Department to provide day care, which are included in the programs for federal reimbursement, shall comply with all applicable federal regulations and requirements.

(d) The Mayor, pursuant to subchapter I of Chapter 5 of Title 2, may issue rules to implement the provisions of this chapter.

§ 4–414. Authorization of grants to develop satellite child development home programs.

The Department is hereby authorized to make grants to private agencies that work with child development homes and to licensed child development centers for the purpose of developing or operating satellite child development home programs.

§ 4–415. Comprehensive child development programs.

(a) Notwithstanding §§ 4-402 through 4-410, the Office of the State Superintendent of Education (“OSSE”) shall establish a pilot community-based Quality Improvement Network (“QIN”) composed of:

(1) Child development hubs, selected through a competitive process, that will provide quality improvement technical assistance and comprehensive services to licensed child development centers and licensed child development homes selected by OSSE to be partners and that agree to meet federal Early Head Start Program Performance Standards for program participation; and

(2) Child development centers and child development homes, selected through a competitive process, to provide low-income infants and toddlers high-quality, full-day, full-year comprehensive early learning and development services and continuum of care.

(b) Child development centers and child development homes within the QIN shall receive technical assistance from child development hubs to achieve the following within 18 months of being selected by OSSE to participate in the QIN:

(1) Child development centers and child development homes within the QIN shall have adult-to-child ratios and group sizes that meet or exceed federal Early Head Start standards for all children from birth to 3 years of age in child development centers, or as otherwise approved by OSSE.

(2) Child development centers and child development homes within the QIN shall have a comprehensive curriculum or program that is aligned with federal Head Start Program Performance Standards and the District’s early learning and development standards for serving infants, toddlers, and their families.

(3) Staff who have direct supervision of infants and toddlers at child development centers and child development homes within the QIN shall, at a minimum, meet or exceed Early Head Start Standards for staff qualifications or credentials.

(4) Child development centers and child development homes within the QIN shall partner with child development hubs to develop and implement a quality improvement plan, including aligning program policies and procedures to support on-site coaching, professional development, and teacher planning time.

(5) Child development centers and child development homes within the QIN shall provide child-, family-, and program-level data to OSSE and the child development hubs as requested.

(6) Child development centers and child development homes within the QIN shall participate in ongoing, on-site, and desktop monitoring activities to ensure compliance with program requirements and Head Start Program Performance Standards required to remain in good standing with OSSE, the child development hubs, and the U.S. Department of Health and Human Services, Office of Head Start, if applicable.

(7) Child development centers and child development homes within the QIN shall support comprehensive services for children and families by the child development hubs, including implementation of individualized family service plans.

(8) Child development centers and child development homes within the QIN shall participate in the Child and Adult Care Food Program.

(9) Child development centers and child development homes within the QIN shall facilitate children’s and families” transitions to Pre-K or Head Start programs.

(c) OSSE may set payment rates and develop policies and procedures for high-quality early learning and development services set under the authority of this section.

(d) To be eligible for infant and toddler child development services provided by child-care partners in the QIN, a child shall be a resident of the District of Columbia and between birth and 3 years of age; provided, that a child who turns 3 years old during a program year may continue to receive services for the duration of the program year before transitioning into a pre-kindergarten or Head Start preschool program.

(e) To the extent possible, priority enrollment shall be given to children between birth and 3 years of age whose families are living at or below the federal poverty level, who are homeless or in the foster care system, or who live with a grandparent, godparent, or relative who is receiving a grandparent caregiver subsidy pursuant to Chapter 2A of this title [§ 4-251.01 et seq.].

(f) OSSE shall monitor the child development hubs and partner participants in the QIN for adherence to policies and procedures set under the authority of this chapter.

(g) OSSE may terminate, in whole or in part, the grant provided to a child development hub or partner participant at any time if OSSE determines that the hub or partner participant has:

(1) Substantially failed to comply with, or meet the objectives and terms of, the grant award; or

(2) Failed to comply with applicable federal or District laws or regulations.

(h) OSSE shall continue on-site monitoring for health and safety licensing compliance of child-care partners participating in the QIN; provided, that OSSE may delegate to the child development hubs on-site monitoring of the compliance of participating child development centers and homes with federal Head Start Program Performance Standards; provided, that relevant data collected by child development hubs is regularly reported to OSSE.

§ 4–416. Expansion of the Quality Improvement Network. [Not Funded]

Not Funded.