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Additionally, OSSE strikes “in alignment with District of Columbia Early Learning Standards” from § 140.2(a). OSSE also strikes “are consistent with District of Columbia's Early Learning Standards, assessed” in 165.5(c) and 166.3(b) and inserts “which promotes positive development and learning” in its place. These non-substantive amendments maintains the intent in the proposed rulemaking not to enforce a singular curriculum but to provide guidance around appropriate standards and ensure facilities are implementing a curriculum that promotes positive development and learning. These non-substantive amendments also ensure no further misunderstanding occurs.

H. Health Promotion and Protection

Sections 142 through 161 set forth the basic health standards that must be in place to protect children, no matter what type of facility they attend. The State Superintendent received a number of comments in this area, which are addressed below.

Supporting Healthy Child Development Section 143.2 sets forth the required amount of physical activity a licensee shall provide a child. Section 143.6 further provides that a licensee shall limit the amount of screen-time provided to a child. One stakeholder commented that both requirements were beyond the scope of the regulations. Pursuant to D.C. Official Code § 7-2036(a)(1), OSSE maintains the authority to set forth the minimum standards of operation concerning, among other things, the safety and health standards. Both physical activity and screen time directly related to a child’s health and development, and therefore are within the scope of OSSE’s regulatory authority.

Diapering Section 145.1 requires that a licensee maintain a diaper changing area within arm’s reach of a properly maintained a source of running water and soap that is not in the kitchen or eating area. One commenter requested that § 145.1 is amended to only apply to Centers, as it is not realistic for homes to meet this requirement. Caring for our Children has emphasized the importance of facilities limiting the opportunity for the transfer of contaminants at changing areas, including ensuring that sinks are within arm’s reach of where the diapering takes place to avoid transfer of contaminants to other surfaces en route to washing the hands of staff and children. OSSE recognizes the requirement that changing tables are within arm’s reach may not be entirely feasible for all child development homes. Accordingly, OSSE amends § 145.1 by striking the phrase “arm’s reach” and replacing it with “close proximity.” The amended language maintains OSSE’s intent in the proposed rulemaking to have sinks close by to prevent the spread of contaminants and disease and the prior language in 29 DCMR § 390.1.

Emergency Preparedness And Response Planning One commenter sought clarification as to whether a cell phone would meet the requirements set forth in § 148.8. A cell phone would meet the requirements. No change is required to clarify this provision.

First Aid And CPR Subsection 150.2 generally requires that a licensee have at least two (2) staff members available to administer first aid and CPR. One commenter raised the issue that a home provider may only