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error in § 164.1(d) in its reference to achieving “compliance with (a), (b), or (c).” To correct this drafting error, OSSE combined § 164.1(d) with § 164.1(c) deleted the reference to “(c).” This non-substantive amendment maintains the intent to provide center directors with time to comply with the requirements of the final rulemaking as demonstrated by consistent requirements for teachers in § 165.1(d).

J. Additional Requirements For Licensed Child Development Homes

Child Development Homes (“homes”) must meet the all the requirements for all licensed child development facilities. In addition, licensed homes must meet the additional requirements set forth in Sections 167 to 168. The State Superintendent received two of comments about homes.

In § 167.7 and § 167.8, the State Superintendent requires that licensed weapons are inaccessible to children and that parents are provided notice that a weapon is on the premise. During the ANPR, one stakeholder specifically requested that OSSE consider adding provisions around weapons in homes caring for children, similar to many other states. After careful consideration and research, OSSE accepted the recommendation and added § 167.7 and § 167.8 to the proposed rulemaking. In response to the new language in the proposed rulemaking, another commenter applauded OSSE for including such language around weapons. However, the State Superintendent also received a comment that questioned whether OSSE was violating the privacy rights of caregivers by requiring disclosure of weapons in a child development home or expanded home. However, a caregiver’s expectation of privacy is outweighed by the public’s interest in ensuring the safety of children in their care. Like background checks, parents deserve the basic protection of knowing whether or not their children may have access to weapons while in child care and whether or not the individual who has access to their child has a weapon that could endanger their children. While this is a new requirement for caregivers in the District, the District of Columbia is joined by other states that require the same kinds of disclosures when weapons are present in homes.

Subsection 168.1 describes the baseline qualifications of caregivers in homes. Subsection 171.1(a) requires that in order to qualify as a caregiver, one must have earned a high school diploma and shall earn a Child Development Associate (“CDA”) credential within two (2) years of the effective date of the final rulemaking. One commenter asked that OSSE amend § 171.1(a) to provide a caregiver with four (4) years instead of two (2) years from the effective date of this regulation to earn a CDA credential. OSSE considered this comment, however OSSE has elected not to incorporate the commenter’s recommendation. On average, it takes approximately 6 months to complete a CDA credential. Two (2) years from the effective date of this regulation is sufficient time.

Subsection 168.2 sets forth the duties of a caregiver. Specifically, § 168.2(c) requires that a caregiver supervise enrolled children at all times. One comment recommended that OSSE replace the word “supervise” with “within sight and sound.” OSSE adopted the commenter’s suggestion, and inserted “within sight and sound” in § 168.2(c).

Finally, § 168.4 requires that if a caregiver is not physically present, a qualified back-up caregiver, who meets the requirements and qualifications, must be designated to assume full