Chapter 20. Child Care Services and Facilities.
Subchapter I. Child Care Services Assistance Fund. [Repealed]
§ 7–2001. Definitions. [Repealed]
Repealed.
§ 7–2002. Child Care Services Assistance Fund; established. [Repealed]
Repealed.
§ 7–2003. Sources of funding. [Repealed]
Repealed.
§ 7–2004. Eligibility. [Repealed]
Repealed.
§ 7–2005. Repayment. [Repealed]
Repealed.
§ 7–2006. Disclaimer of liability. [Repealed]
Repealed.
§ 7–2007. Rules. [Repealed]
Repealed.
§ 7–2008. Annual report by Mayor. [Repealed]
Repealed.
Subchapter I-A. Child Care Study.
§ 7–2011.01. Definitions.
For the purposes of this subchapter, the term:
(1) "Child development facility" shall have the same meaning as provided in § 7-2031(3).
(2) "Non-traditional hours" means hours outside of 7:00 a.m. to 6:00 p.m. Monday through Friday, or on a 24-hour basis.
(3) "OSSE" means the Office of the State Superintendent of Education.
(4) "Staff members" means child development facility center directors, child development center teachers, child development center assistant teachers, child development home caregivers, expanded child development home caregivers, and expanded child development home associate caregivers.
§ 7–2011.02. Study of child development facilities with non-traditional hours.
(a) OSSE shall contract with an entity to conduct a study to determine the number of child development facilities with non-traditional hours in the District that is sufficient to meet the needs of District families.
(b) The entity completing the study shall:
(1) Be nationally recognized;
(2) Have expertise and knowledge of the child care industry, including costs, quality, and access;
(3) Have a demonstrated understanding of best practices in connecting families and consumers with the type of child care they need; and
(4) Have conducted a breadth of research in advancing affordable and accessible child care that supports the development and learning of children.
(c) At a minimum, the study shall:
(1) Determine the need for child development facilities with non-traditional hours, including need by ward and by type of industry of parent employment;
(2) Evaluate the current level of service being provided in the District, including:
(A) The total number of child development facilities with non-traditional hours currently operating in the District;
(B) The hours of operations of each facility;
(C) The location of each facility; and
(D) Whether the facility participates in the child care subsidy program;
(3) Identify areas of unmet need, including wards, hours, and services; and
(4) With a particular focus on expanding the number of child development facilities that participate in the child care subsidy program, provide recommendations:
(A) For expanding the number of child development facilities with non-traditional hours; and
(B) On ways the District can incentivize more child development facilities to offer non-traditional hours.
§ 7–2011.03. Study on the impact of OSSE's regulations that require increased education qualifications for staff members.
(a) OSSE shall contract with an entity to conduct a study to assess the impact of 5A DCMR § 164 through 5A DCMR § 171 on staff members and the cost of child care in the District.
(b) The entity completing the study shall:
(1) Be nationally recognized;
(2) Have expertise and knowledge of the child care industry, including costs, quality, and access;
(3) Have a demonstrated understanding of best practices in workforce development; and
(4) Have conducted a breadth of research in advancing affordable and accessible child care that supports the development and learning of children.
(c) At a minimum the study shall, by ward:
(1) Provide demographic data on staff members in the District, including:
(A) Gender identification;
(B) Race;
(C) Ethnicity;
(D) Language spoken;
(E) Income level; and
(F) Highest level of educational attainment;
(2) Assess the impact of increased educational requirements on the cost of child care;
(3) Determine the impact of increased educational requirements on staff members working in the District; and
(4) Provide recommendations:
(A) On ways to increase educational requirements without financially burdening staff members; and
(B) That identify professional development support for staff members.
§ 7–2011.04. Submission of studies to the Council.
The OSSE shall submit the studies required in § 7-2011.02 and § 7-2011.03 to the Council no later than August 1, 2018.
§ 7–2011.05. Shared data and information with the Department of Employment Services.
The Department of Employment Services shall coordinate with OSSE to share data and information regarding the District's workforce and workforce development.
§ 7–2011.06. Applicability. [Repealed]
Repealed.
Subchapter I-B. Access to Quality Child Care Fund.
§ 7–2021.01. Definitions.
For the purposes of this subchapter, the term:
(1) "Child development facility" means a center, home, or other structure that provides 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 or a pre-kindergarten education program licensed pursuant to Chapter 2A of Title 38.
(2) "Infant" means an individual younger than 12 months of age.
(3) "Operator" means an individual or entity that owns or is responsible for the operations of a child development facility.
(4) "OSSE" means the Office of the State Superintendent of Education, established by § 38-2601.
(5) "Subsidized child care" means part-time or full-time child care services, subsidized in whole or in part to eligible families pursuant to local and federal law, including §§ 4-404.01 and 4-405, and the Child Care and Development Block Grant Act of 2014, approved November 19, 2014 (128 Stat. 1971; 42 U.S.C. § 9858, note).
(6) "Toddler" means an individual older than 12 months but younger than 36 months of age.
§ 7–2021.02. Access to Quality Child Care Fund.
(a) There is established as a special fund the Access to Quality Child Care Fund ("Fund"), which shall be administered by the Office of the State Superintendent of Education in accordance with § 7-2021.03 and subsection (c) of this section.
(b) There shall be deposited into the Fund:
(1) In Fiscal Year 2018, $11 million from local appropriations; and
(2) Private donations, gifts, and grants.
(c) Money in the Fund shall be used to provide grants or contracts to fund the following activities that expand access to child care:
(1) Improving the supply of child care services for infants and toddlers, which may include establishing new or expanding existing child development facilities serving infants and toddlers; provided, that at least 50% of amounts expended pursuant to this paragraph are used to improve the supply of child care services for infants and toddlers eligible for subsidized child care;
(2) Supporting the costs of certification, higher education, and credentialing of child development facility staff;
(3) Providing technical assistance and training to child development facility operators to support compliance with the licensure process or efficient and effective operations;
(4) Evaluating and assessing the availability, quality, and willingness of child development facility operators to expand services for infants and toddlers in the District and conducting studies authorized pursuant to subchapter I-A of this chapter; and
(5) Carrying out other activities as determined by OSSE related to expanding access to infant and toddler child care and improving the quality of child care services provided in the District.
(d)(1) The money deposited into the 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.
§ 7–2021.03. Access to quality child care grant-making authority.
(a) Except as provided in subsection (b) of this section, the Office of the State Superintendent of Education shall award funds from the Access to Quality Child Care Fund available pursuant to § 7-2021.02(c)(1), on a competitive basis, as grants to:
(1) Organizations that provide child care services to infants and toddlers to open child development facilities;
(2) Existing child development facilities to expand available space to serve infants and toddlers; or
(3) Organizations that provide child care services to carry out other activities necessary to expand access to child care and improve the quality of child care services provided in the District consistent with the findings of the evaluation and studies conducted pursuant to § 7-2021.02(c)(4).
(b)(1) The OSSE may award a grant or contract to a single nonprofit organization that does not provide child care services to infants and toddlers; provided, that:
(A) The grantee or contractor has a proven track record of success in grant-making related to child development facilities;
(B) The grantee or contractor agrees to use 90% of OSSE's award to award subgrants to organizations that provide child care services, for the purposes of expanding child care services in accordance with the terms of this section;
(C) The grantee or contractor agrees to undergo an annual audit and submit quarterly reports to OSSE on its financial health and its use of the OSSE award; and
(D) The grantee or contractor has a proven track record in providing financing and investment approaches and technical assistance in child development facility financing and development.
(2) A grant or contract awarded pursuant to this subsection shall be awarded for a term of at least 2 years, subject to the availability of funding.
(3)(A) The grantee or contractor shall award subgrants for terms of at least 2 years, subject to the availability of funding.
(B) All subgrants of District funds shall be awarded on a competitive basis.
(C) Subgrants shall be awarded for the following purposes:
(i) Improving the supply of child care services for infants and toddlers, which may include establishing new, renovating existing, or expanding child development facilities serving infants and toddlers; or
(ii) Carrying out other activities necessary to expand access to child care and improving the quality of child care services provided in the District consistent with the findings of the evaluation and studies conducted pursuant to § 7-2021.02(c)(4).
(c) At least 50% of amounts awarded under this section shall be used to improve the supply of child care services for infants and toddlers eligible for subsidized child care.
(d) The OSSE may not award a grant or contract under this section in excess of $1 million during a 12-month period, either singularly or cumulatively, unless the grant is first submitted to the Council for approval, in accordance with § 1-204.51(b), or by act.
Subchapter II. Child Development Facilities Regulation.
§ 7–2031. Definitions.
For the purposes of this subchapter, the term:
(1) “Care giver” means an individual whose duties include direct care, supervision, and guidance of infants or children in a child development facility.
(2) “Child” or “children” means an individual or individuals from 2 years to 15 years of age.
(3) “Child development facility” means a center, home, or other structure that provides care and other services, supervision, and guidance for children, infants, and toddlers on a regular basis, regardless of its designated name. “Child development facility” does not include a public or private elementary or secondary school engaged in legally required educational and related functions or a pre-kindergarten education program licensed pursuant to the Pre-k Act of 2008.
(3A)(A) "Drinking water source" means a source of water from which a person can reasonably be expected to consume or cook with the water originating from the source.
(B) "Drinking water source" shall not include a source of water for which a conspicuous sign is posted pursuant to § 7-2051(b)(3).
(3B) "Formal parent-led play cooperative" means:
(A) A group of parents, step-parents, or legal guardians of participating children, including a group that has organized as a nonprofit organization, who have agreed to supervise the participating children during group meetings; and:
(B) The group:
(i) Meets at predetermined times for fewer than 4 hours per day;
(ii) Meets at locations other than a home of one of the parents, step-parents, or legal guardians in the group;
(iii) Does not require payment by parents, step-parents, or legal guardians, other than to cover the costs of administering the group, including rent, insurance, equipment, and activities;
(iv) Requires, as a prerequisite to joining the group, that a parent, step-parent, or legal guardian of each participating child in the group volunteer a minimum number of hours to supervise the participating children during meetings, regardless of whether the group requires parents, step-parents, or legal guardians of every child to be present at every meeting;
(v) Notifies, upon registration with the group, the parents, step-parents, and legal guardians of each participating child in the group that the group is not a child development facility licensed pursuant to this subchapter;
(vi) Does not employ any individual to supervise participating children on behalf of parents other than to facilitate activities while parents, step-parents, or legal guardians supervise the participating children; and
(vii) Has written policies and procedures for the prevention of the spread of infectious diseases, response to and prevention of food allergies, emergency preparedness, and handling of health information.
(4) “Infant” means an individual younger than 12 months of age.
(4A) "Informal parent-supervised neighborhood play groups" means:
(A) A group of parents, step-parents, or legal guardians of participating children who gather together to allow children to play together; and
(B) The group does not meet the definition of a formal parent-led play cooperative as defined in paragraph (3B) of this section.
(5) “Licensee” means a child development facility that is licensed pursuant to this subchapter.
(6) “Person” means any individual, firm, partnership, company, corporation, trustee, or association.
(6A) “Pre-k Act of 2008” means Chapter 2A of Title 38 [§ 38-271.01 et seq.].
(7) “Related person” means any legal guardian or any of the following relationships established by marriage, adoption, or blood to the 5th degree:
(A) Parent or step-parent;
(B) Grandparent;
(C) Brother, sister, step-sister, or step-brother;
(D) Uncle or aunt; or
(E) Niece or nephew.
(7A) "Remediation steps" means, at a minimum, actions to:
(A) Decrease the elevated lead concentration in a drinking water source to 5 parts per billion or less; or
(B) Preclude people from consuming or cooking with water from a drinking water source.
(8) “Toddler” means an individual older than 12 months but less than 24 months of age.
§ 7–2032. Applicability and scope.
(a) This subchapter shall apply to every child development facility and care giver in the District of Columbia.
(b) Unless exempted by this subchapter or the laws of other jurisdictions, the provisions and requirements in this subchapter shall also apply to all child development facilities operated by the District government outside the District of Columbia.
§ 7–2033. Exemptions.
The provisions of this subchapter shall not apply to the following:
(1) Occasional babysitting in a babysitter’s home for the children of one family;
(2) Informal parent-supervised neighborhood play groups;
(2A) Formal parent-led play cooperatives;
(3) Care furnished in places of worship during religious services;
(4) Care given by an individual who is related to the child, infant, or toddler;
(5) Child development facilities operated by the federal government on federal government property; however, a private child care provider utilizing space in or on federal government property is not exempt unless federal law specifically exempts the facility from the District’s regulatory authority; or
(6) Pre-kindergarten education programs licensed pursuant to Chapter 2A of Title 38.
§ 7–2033.01. Transfers of personnel, property, and funds from Department of Health to Office of the State Superintendent of Education; continuation.
(a) All positions, personnel, property, records, and unexpended balances of appropriations, allocations, and other funds available or to be made available to the Department of Health that support the functions related to the licensure of child-care programs in the Early Care and Education Administration and the Early Intervention Program shall be transferred to the Office of the State Superintendent of Education, established by § 38-2601, within 60 days of July 18, 2008.
(b) All rules, orders, obligations, determinations, grants, contracts, licenses, and agreements of the Department of Health, the Department of Human Services, the Board of Education, or the District of Columbia Public Schools relating to the functions transferred to the Office of the State Superintendent of Education pursuant to subsection (a) of this section shall remain in effect according to their terms until lawfully amended, repealed, or modified.
§ 7–2034. License required.
(a) Except as otherwise provided in this subchapter, no person shall, either directly or indirectly, operate a child development facility in the District without first having obtained a license to do so.
(b) An applicant for a license to operate a child development facility shall establish to the satisfaction of the Mayor, that the facility meets all requirements set forth in this subchapter and rules adopted pursuant to this subchapter.
(c) An applicant for a license shall:
(1) Submit an application to the Mayor on a form required and provided by the Mayor;
(2) Submit supporting documentation required by the Mayor; and
(3) Pay the applicable fee established by the Mayor, except that no license fee shall be required of any child development facility operated by the District government.
(d) The license shall be valid for a period of time to be determined by the Mayor and only for the premises and persons named as applicants in the application. Any change in ownership of a licensee owned by a person or in the legal or beneficial ownership of a percentage of stock established by rule of a corporate licensee shall require relicensure.
(e) The Mayor may authorize the issuance of provisional and restricted licenses under specific circumstances and criteria to be established by rule.
§ 7–2035. Licenses issued pursuant to prior law.
Except as otherwise provided by this subchapter, any child development facility licensed pursuant to the Child Development Facilities Regulation, enacted December 14, 1974 (Reg. 74-34; 29 DCMR § 300 et seq.) (“Child Development Facilities Regulation”), as amended, shall be considered licensed pursuant to this subchapter and shall be subject to renewal requirements established pursuant to this subchapter.
§ 7–2036. Powers and duties of the Mayor.
(a)(1) The Mayor shall promulgate all rules necessary to implement the provisions of this subchapter, including the following:
(A) Minimum standards of operation of a child development facility concerning staff qualification, requirements and training, facility size, staff-child ratios and group size, program design and equipment requirements, safety and health standards, care for children with special needs, nutrition standards, and record keeping requirements;
(B) Administrative procedures for hearings consistent with the requirements of § 2-509, unless otherwise provided in this subchapter;
(C) Allowance for a child development facility to operate on a 24-hour basis so long as no child, infant, or toddler will be under the care of the child development facility for more than 18 consecutive hours in a 24-hour period, or appropriate hours as provided by rule; and
(D) The establishment of a fee schedule to recover the costs of regulating child development facilities pursuant to this subchapter.
(2) The rules required to be promulgated pursuant to this section 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) The Mayor may conduct investigations and inspections needed to ensure compliance with this subchapter. In this regard, the Mayor may administer oaths, examine witnesses, and issue subpoenas to compel attendance and testimony of witnesses and the production of books, records, and other documents needed to enforce this subchapter. In case of contumacy or refusal to obey a subpoena, the Superior Court of the District of Columbia, at the request of the Mayor, shall issue an order requiring the contumacious person to appear and testify or produce books, papers, or other evidence bearing on the hearing. Failure to obey the court’s order shall be punishable as contempt of court.
(c) The Mayor shall maintain and make available to the public information concerning:
(1) The application, licensure, and renewal requirements and procedures; and
(2) An official register of currently licensed child development facilities.
§ 7–2036.01. Child Development Facilities Fund. [Repealed]
Repealed.
§ 7–2037. Variances.
An applicant operating a child development facility prior to July 1, 1975, may be granted a variance from the physical or structural requirements of any rule adopted pursuant to this subchapter upon a determination by the Mayor that full compliance would result in exceptional and undue hardship. Any variance shall be granted in accordance with procedures established by rule.
§ 7–2038. License renewal.
(a) A license shall be renewed in accordance with rules established pursuant to this subchapter, unless there is a pending disciplinary action by the Mayor.
(b) An application for renewal of a license shall be submitted to the Mayor no later than 90 days before expiration of the license on a form provided by the Mayor with the appropriate renewal fee. An application for renewal fewer than 90 days after expiration, shall be renewed in accordance with renewal requirements established by rule, including the payment of the renewal fee and any late penalty.
(c) A child development facility holding a valid license at the time of application for renewal shall continue to operate as licensed until the Mayor acts on the renewal application.
§ 7–2039. Denial of a license.
The Mayor may, subject to the right to a hearing, deny an initial or renewal license to an applicant who fails to establish that the applicant meets the requirements for licensure established by this subchapter and rules issued pursuant to this subchapter.
§ 7–2040. Revocation, suspension, denial of license.
The Mayor may, subject to the right to a hearing, refuse to issue, revoke, suspend, or deny renewal of a license to operate a child development facility to a person who is found to have:
(1) Failed to comply with the provisions of this subchapter and any rules or regulations promulgated pursuant to this subchapter;
(2) Failed to comply with other federal and District laws applicable to child development facilities;
(3) Committed, aided, abetted, or permitted to be committed any act of dishonesty, fraud, gross negligence, abuse, assault, battery, or other illegal acts related to the operation of the facility; or
(4) Been convicted of a crime involving moral turpitude.
§ 7–2041. Summary suspension.
(a) If, after an investigation, the Mayor determines that a licensee has failed to comply with the provisions of this subchapter or any rules promulgated pursuant to this subchapter in such a manner as to present an imminent danger to the health, safety, and welfare of children, infants, toddlers, or the general public, the Mayor may summarily suspend or restrict the license prior to a hearing.
(b) The Mayor must provide the licensee with written notice of the summary suspension initiated pursuant to subsection (a) of this section, the reason for the suspension, and the right to request a hearing.
(c) The licensee shall have 5 days after service of the notice of the summary suspension in which to request a hearing to challenge the summary suspension. A hearing shall be held within 5 business days of a timely request and the Mayor shall issue a decision within 5 business days after closing the record.
§ 7–2042. Cease and desist orders.
(a) If, after investigation, the Mayor determines that a person has violated any provision of this subchapter or any rule issued pursuant to this subchapter, and the violation presents an imminent danger to the public, the Mayor may issue a written order directing the person to cease and desist from the violation.
(b) Within 5 days of service of the cease and desist order, the person shall request an expedited hearing on the violation. If no request for a hearing is made within the 5-day period, the cease and desist order shall be final. Within 5 business days of a timely request for an expedited hearing, the Mayor shall conduct a hearing.
§ 7–2043. Right of entry and inspection.
To ensure compliance with the provisions of this subchapter and rules adopted pursuant to this subchapter, the Mayor, or any duly authorized designee, shall be permitted at reasonable times to conduct an inspection of any child development facility licensed pursuant to this subchapter or for which a license application has been filed.
§ 7–2044. Hearings.
(a) Exception as provided in § 7-2041, before the Mayor denies an application, suspends, revokes, or restricts a license, or imposes a civil fine, the Mayor shall give the person notice of the contemplated action and an opportunity for a hearing. The Mayor shall send all notices by certified mail. Notice of a scheduled hearing shall be sent by certified mail at least 20 days before the hearing date except when an expedited hearing has been requested. The Mayor may request all parties to participate in a settlement conference prior to a hearing and may enter into a negotiated settlement agreement or consent decree in lieu of a hearing.
(b) The Mayor may delegate the authority to conduct a hearing and issue a final decision to an administrative law judge or an attorney examiner in accordance with rules issued pursuant to this subchapter.
§ 7–2045. Judicial review.
A person aggrieved by a final decision of the Mayor may appeal the decision to the District of Columbia Court of Appeals pursuant to § 2-510.
§ 7–2046. Criminal and civil penalties.
(a) Any person who violates any provision of this subchapter shall, upon conviction, be subject to imprisonment not to exceed 6 months or a fine not to exceed $300, or both. Each unlawful act shall constitute a separate violation of this subchapter.
(b) Any person who has been previously convicted pursuant to this subchapter shall, upon conviction, be subject to imprisonment not to exceed one year or a fine not to exceed $5,000, or both.
(c) Civil fines and penalties may be imposed as alternative sanctions for any violations of the provisions of this subchapter or rules issued under the authority of this subchapter pursuant to Chapter 18 of Title 2 (“Civil Infractions Act”). The adjudication of any infraction issued pursuant to the Civil Infractions Act shall be pursuant to of the Civil Infractions Act.
§ 7–2047. Prosecutions.
(a) Prosecutions of violations of this subchapter shall be brought by the Corporation Counsel in the name of the District of Columbia.
(b) In prosecutions initiated pursuant to this subchapter, a child development facility claiming an exemption from a licensing requirement of this subchapter shall have the burden of proving entitlement to the exemption.
§ 7–2048. Injunctions.
(a) The Corporation Counsel may bring an action in the Superior Court of the District of Columbia in the name of the District of Columbia to enjoin any violation of this subchapter.
(b) Remedies established by this section shall be in addition to criminal sanctions, civil sanctions, or disciplinary action initiated by the Mayor.
(c) In any proceeding brought pursuant to this section, it shall not be necessary to prove that any person has been injured by the violation alleged.
§ 7–2049. Repeal of existing regulations.
The Child Development Facilities Regulation shall remain in effect until superseded by rules issued by the Mayor. Upon the effective date of rules promulgated pursuant to this subchapter, the Child Development Facilities Regulation shall be deemed repealed.
§ 7–2050. Pending actions and proceedings; existing orders.
(a) No judicial or administrative proceeding commenced by or against any child development facility, or officer or employee of a child development facility in his or her official capacity, shall abate by reason of the taking effect of this subchapter; but the action or proceeding shall be continued with substitution as to parties and officers or agencies as are appropriate.
(b) All decisions issued pursuant to the Child Development Facilities Regulation shall continue in effect until modified, rescinded, or superseded by rules or regulation issued pursuant to this subchapter.
§ 7–2051. Prevention of lead in drinking water in child development facilities.
(a)(1) The Department of Energy and Environment ("DOEE") shall provide a list of approved contractors to all child development facilities, from which child development facilities or DOEE shall select a contractor to assist in meeting the requirements of subsection (b) of this section.
(2) DOEE may assist child development facilities in meeting the requirements of subsection (b) of this section, including contracting on behalf of the child development facility for services.
(b) By September 31, 2019, each licensed child development facility or, where DOEE agrees to assist the child development facility with meeting the requirements of this subsection, DOEE shall:
(1) Locate all drinking water sources at the child development facility;
(2) Install a filter that reduces lead in drinking water on each drinking water source in the child development facility and maintain the filters, at a minimum, in a manner consistent with the manufacturer's recommendations. Filters or all of the filter's component parts shall be certified for lead reduction to the National Sanitation Foundation ("NSF")/American National Standards Institute ("ANSI") Standard 53 for Health Effects or NSF/ANSI Standard 61 for Health Effects;
(3) Post a conspicuous sign near each water source at the child development facility that is not a drinking water source, which includes an image that clearly communicates that the water source should not be used for cooking, when applicable, or consumed;
(4) Test all drinking water sources at the child development facility for lead annually;
(4A) Where the child development facility has a public-facing website, the child development facility shall post on the child development facility's website the results of testing undertaken pursuant to paragraph (4) of this subsection, by drinking water source, within 14 calendar days of the child development facility's receipt of the results, including the date and time of the testing, and any remediation planned pursuant to paragraph (5)(B) of this section;
(5) If a test conducted pursuant to paragraph (4) of this subsection shows a lead concentration over 5 parts per billion:
(A) Shut off the drinking water source as soon as possible but no later than 24 hours after receiving the test result and keep the drinking water source shut off until a subsequent test shows that the lead concentration level is not over 5 parts per billion;
(B) Determine, in writing, which remediation steps should be implemented to address the elevated lead concentration level;
(C)(i) Where DOEE has agreed to assist a child development facility with meeting the requirements of this subsection, DOEE shall send the test results and remediations steps to the child development facility within 5 business days of the agency receiving the test results; and
(ii) The child development facility shall send the test results and remediation steps to parents or guardians of children at the child development facility through email or written communication within 5 business days of receiving the test results;
(D)(i) Where DOEE has agreed to assist a child development facility with meeting the requirements of this subsection, DOEE shall send notice of the completion of the remediations steps identified pursuant to subparagraph (B) of this paragraph to the child development facility with 5 business days of their completion; and
(ii) The child development facility shall provide notice to parents and guardians of children at the child development facility:
(I) Where DOEE has agreed to assist the child development facility with meeting the requirements of this subsection, within 5 business days of the child development facility receiving notice from DOEE of the completion of the remediation steps required by subparagraph (B) of this paragraph; or
(II) Where DOEE has not agreed to assist the child development facility with meeting the requirements of this subsection, within 5 business days of the completion of the remediation steps required by subparagraph (B) of this paragraph; and
(E) Where the child development facility has a public-facing website, the child development facility shall post notice of the completion of any remediation, including the date of completion and the results of testing drinking water sources after the completion of the remediation, on the child development facility's website in a location accessible to the public within 5 days after providing notice to parents under subparagraph (D) of this paragraph.
(c)(1)(A) Any contractor selected pursuant to subsection (a) of this section shall, at times and in a manner to be determined by the Mayor, provide DOEE or the child development facility that selected the contractor with written proof that the contractor's service complied with the requirements of this section.
(B) Where applicable, DOEE shall provide a child development facility that DOEE provided with assistance under this section with a report or other information on actions taken pursuant to subsection (b) of this section, including providing written proof of compliance with this section that is provided to DOEE pursuant to subparagraph (A) of this subsection.
(2) A child development facility shall, at times and in a manner to be determined by the Mayor, provide proof of compliance with this section to DOEE and the Office of the State Superintendent ("OSSE"); provided, where DOEE provides a child development facility with written proof of compliance pursuant to paragraph (1)(B) of this subsection, the child development facility shall provide that proof of compliance to OSSE where required to do so by OSSE.
(d) Where DOEE has not contracted with a contractor on behalf of the child development facility for services required under this subsection (b) of this section, after the child development facility provides proof of compliance to DOEE pursuant to subsection (c)(2) of this section and DOEE determines that the child development facility has complied with all the requirements of this section, DOEE shall:
(1) Compensate the contractor selected pursuant to subsection (a) of this section, pursuant to rules issued pursuant to subsection (i) of this section; and
(2) Notify the Office of the State Superintendent of Education ("OSSE") that the child development facility has complied with the requirements of this section.
(e)(1) If a contractor provides a false or misleading proof of compliance under subsection (c)(1) of this section, the Mayor shall, for a 5-year period:
(A) Remove the contractor from all DOEE-approved contractor lists;
(B) Prohibit the contractor from participating in the activities described in this section; and
(C) Prohibit the contractor from conducting business with the District government.
(2) The penalty provided in this subsection shall be in addition to any other penalty provided by law.
(3) A person aggrieved by an action of the Mayor taken pursuant to this subsection may appeal the action of the Mayor to the Office of Administrative Hearings pursuant to § 2-1831.03(b-14).
(f)(1) The Mayor may, at any reasonable time and with reasonable notice, and upon the presentation of appropriate credentials to, and with the consent of, the owner, operator, or person in charge:
(A) Enter a child development facility to determine compliance with this section; and
(B) Inspect and copy any record, report, or other document or information related to compliance with this section.
(2) If the Mayor is denied access to enter a child development facility or to inspect and copy records pursuant to paragraph (1) of this subsection, the Mayor may apply to the Superior Court of the District of Columbia for a search warrant.
(g)(1) OSSE, in consultation with DOEE, shall provide to the Mayor, the Council, and the Healthy Schools and Youth Commission, no later than June 30 of each year, a report on child development facility compliance with this section.
(2) DOEE shall post on the DOEE website, in a location accessible to the public, information received by DOEE as proof of compliance with this section, including, by drinking water source, the date, time, and location of testing, test results, planned remediation, the date of completion of the planned remediation, and the results of testing of drinking water sources after the completion of the planned remediation:
(A) For information regarding services conducted at child development facilities pursuant to this section provided to DOEE after February 23, 2023, within 30 days after receipt of a child development facility's proof of compliance under subsection (c) of this section; and
(B) For information regarding services conducted at child development facilities pursuant to this section provided to DOEE before February 23, 2023, within 120 days after February 23, 2023.
(h) Nothing in this subsection is intended to, or does, create a private right of action against any person or entity based upon compliance or noncompliance with its provisions. No person or entity may assert any claim or right as a beneficiary or protected class under this subsection in any civil, criminal, or administrative action against the District of Columbia.
(i) The Mayor, pursuant to subchapter I of Chapter 5 of Title 2, may issue rules to implement the provisions of this section.
