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OFFICE OF THE STATE SUPERINTENDENT OF EDUCATION

NOTICE OF FINAL RULEMAKING

The State Superintendent of Education (“State Superintendent”), pursuant to authority set forth in Sections 3(b)(6A), 3(b)(9), 3(b)(9A), 3(b)(11) of the State Education Office Establishment Act of 2000, effective October 21, 2000 (D.C. Law 13-176; D.C. Official Code §§ 38-2602(b)(6A), (b)(9), (b)(9A), and (b)(11)) (2012 Repl. & 2016 Supp.)); the Day Care Policy Act of 1979, effective September 19, 1979 (D.C. Law 3-16; D.C. Official Code §§ 4-401 et seq. (2012 Repl. & 2016 Supp.)) (“Day Care Act”); Mayor’s Order 2009-3, dated January 15, 2009; the Child Development Facilities Regulation Act of 1998, effective April 13, 1999 (D.C. Law 12-215; D.C. Official Code §§ 7-2031 et seq. (2012 Repl.)) (“Facilities Act”); Mayor’s Order 2009-130, dated July 16, 2009; Sections 503 and 504 of the Early Intervention Program Establishment Act of 2004, effective April 13, 2005 (D.C. Law 15-353; D.C. Official Code §§ 7-863.03 and 7- 863.04 (2012 Repl.)); Mayor’s Order 2009-167, dated September 28, 2009; Titles I and II of the Child and Youth, Safety and Health Omnibus Amendment Act of 2004 (“CYSHA”), effective April 13, 2005 (D.C. Law 15-353; D.C. Official Code §§ 1-620.31 et seq. and §§ 4-1501.01 et seq. (2012 Repl. & 2016 Supp.)); and the Healthy Tots Act of 2014, effective February 26, 2015 (D.C. Law 20-155; D.C. Official Code §§ 38-281 et seq. (2016 Supp.)); and pursuant to the Social Security Act, approved February 22, 2012 (Pub.L. 112-96; 42 U.S.C. § 618(c)); the Child Care and Development Block Grant Act of 2014 (“CCDBG Act”), approved November 19, 2014 (Pub.L. 113-186; 42 U.S.C. §§ 9858 et seq.), and regulations promulgated thereunder at 45 C.F.R. Parts 98 and 99, hereby repeals Sections 300 to 379 in Chapter 3 (Child Development Facilities) of Title 29 (Public Welfare) of the District of Columbia Municipal Regulations (“DCMR”), and adds a new Chapter 1 (Child Development Facilities: Licensing) to Subtitle A (Office of the State Superintendent of Education) of Title 5 DCMR (Education).

I. Purpose

Research has shown that licensing and regulatory requirements for child care affect the quality of care and the health and development of children in care. Accordingly, this final rulemaking is necessary to ensure that care and education provided in a licensed Child Development Facility in the District is not only safe, but also supports children’s healthy development and future academic achievement and success by establishing the minimum requirements necessary to protect the health, safety and welfare of children in care. In addition, the final rulemaking will amend the District’s regulatory framework for child development facilities to comply with the federal CCDBG Act and the regulations promulgated thereunder.

II. CCDBG Act and Implementing Regulations

On November 19, 2014, the bipartisan CCDBG Act was signed into federal law by President Obama, thereby strengthening the requirements to protect the health and safety of children in child care and enhancing the quality of child care and the early childhood workforce across the country. Thereafter, on September 30, 2016, the United States Department of Health and Human Services, Office of Child Care, Administration for Children and Families (“ACF”) issued a final rule amending 45 C.F.R. Parts 98 and 99 (“implementing regulations” or “federal regulations”)