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responsibility of the facility’s operations. One commenter requested clarification regarding what requirements and qualifications a qualified back-up caregiver must meet. Section 168.1 requires a caregiver have a high school diploma and a CDA credential, complete twelve (12) hours of professional development, and complete all required health and safety trainings. OSSE recognizes that substitutes are difficult to find for homes, however, because the risk to children from care by unqualified caregivers is so high, developing a qualified substitute pool or establishing relationships with alternative homes is essential for home operation. Accordingly, OSSE has amended § 168.4 to clarify specifically that a qualified back-up caregiver should have a CDA credential, training on basic health and safety topics, and be subject to the criminal background and child protection register checks as required in § 133. These amendments are made in response to comments requesting clarification and are non-substantive as they maintain OSSE’s intent of the proposed rulemaking to ensure back-up caregivers were qualified to provide care.

K. Additional Requirements For Licensed Expanded Child Development Homes

Expanded child development homes (“expanded homes”) must meet the all the requirements for all licensed child development facilities. In addition, licensed expanded homes must meet the additional requirements set forth in §§ 169 to 171. The State Superintendent received two of comments about expanded homes.

First, a commenter noted that the language in § 169.4 is a repeated section. OSSE acknowledges that §169.4 reiterates the requirement set forth in § 167.9 for homes. Accordingly, OSSE has deleted the requirement in § 169.4 and added clarifying language in § 167.9 to ensure the same requirement was set forth for caregivers operating both homes and expanded homes. OSSE also reviewed the language in § 169 to ensure there were no other repeated sections.

Sections 170 and 171 set forth the baseline qualifications and responsibilities of caregivers and associate caregivers in expanded homes. One commenter requested clarification regarding the requirements for a caregiver in an expanded home in § 170.2(b). Specifically, the commenter asked whether the only pathway to opening an expanded home was if the caregiver had previously operated a child development home. There are, however, two pathways to opening an expanded home, as the primary caregiver, having operated a home or have served as a Center Director or Teacher in a licensed center. It is worth noting that the requirements in § 170.2(b) are not new requirements and is what is currently required of caregivers seeking to open an expanded home.

VI. Conclusion

The State Superintendent greatly appreciates the many comments that the public submitted throughout the process. OSSE has thoroughly considered all the comments and made changes accordingly. The entire rulemaking process has resulted in a more effective, clear, and transparent final rulemaking. OSSE recognizes that implementing these updated licensing provisions may be challenging for some parties, but this effort is necessary to improve child care in the District for the benefit of our children.