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(12th) grade educational programming and could not meet the requirements for either exemption from licensure or exemption from specific provisions of licensure.

Another comment requested the “District of Columbia Early Learning Standards” be clarified in the body of the rule, and not in the definitions. Similarly, the State Superintendent received recommendation to strike Section 140.1, which requires that a licensee implement a curriculum consistent with the “District of Columbia Early Learning Standards.” These comments will be addressed below in G. Program Activities for Healthy Development.

B. License Application and Maintenance

Sections 103-117 describe how to obtain and maintain a license to operate a child development facility. The State Superintendent received a number of comments specifically regarding the components of an initial application, the components of a renewal application, waivers, restricted licenses, fees, monitoring and inspections, authority for enforcement actions, and summary suspension.

Initial Application Section 103 sets forth the components of an initial application for a license to operate a child development facility. First, two commenters raised questions seeking clarification about the three (3) hour orientation described in § 103.2, specifically asking whether the three (3) hour orientation is required every time a license is sought for a new facility and whether the training would be available online. The orientation is required every time a license is sought for a new facility, even if the facility is under the same ownership as another facility. The orientation will be offered online and in person. However, to clarify that this requirement is required every time a license is sought, OSSE strikes the phrase “three (3) hour” to allow OSSE to adjust the orientation as necessary for various audiences. This non-substantive amendment maintains OSSE intent to ensure anyone opening a facility, whether new or the same ownership, is aware of the requirements to both obtain and maintain a license to operate a facility in the District.

Additionally, the State Superintendent received a number of comments regarding the required supporting documentation in § 103.5. Commenters specifically sought clarification around the clean hands certification, insurance coverage, and the building use agreement. One commenter noted that facilities that operate as non-profit organizations do not pay taxes and therefore would not need a Clean Hand certification. However, the Clean Hands certification does not serve as evidence that an applicant has filed taxes, rather, the Clean Hands certification verifies that an applicant does not owe more than $100 to the District of Columbia. The Clean Hands Law (D.C. Official Code §§ 47-2861-2866) provides that an applicant for any license or permit in the District of Columbia cannot owe more than $100 to the District government. Another comment asked for clarification around how much insurance coverage a facility must obtain, as § 103.5(f) does not indicate the total amount required for each type of insurance coverage. Section 103.5(f) does state, however, that a facility must have proof of reasonable coverage, as determined by the District of Columbia Office of Risk Management. Reasonable coverage will vary based on the size and type of facility and the services provided. Four stakeholders commented about the requirements set forth for building use agreements set forth in § 103.5(g). A building use agreement is necessary to ensure a proper contingency location, a space that may be used to