December 12, 2023
Nyasha Smith
Secretary of the Council
1350 Pennsylvania Avenue NW
Washington, DC 20004
Dear Secretary Smith:
Today, I am introducing the “Universal Out of School Time Amendment Act of 2023” along with
Councilmembers Brianne Nadeau, Robert White, Trayon White, Brooke Pinto, Zachary Parker,
Janeese Lewis George, Kenyan McDuffie, Charles Allen, Anita Bonds, and Vincent Gray. The bill
would require the District of Columbia to expand out-of-school time programs, such as afterschool and
summer programming, by at least 10% annually, toward the goal of universal access by 2035 for every
student in a District of Columbia Public or Public Charter School. Programming would be free or
affordable to families, with an emphasis on equitable access and geographic convenience, and youth
who are at-risk, low-income, criminal justice-involved, or with disabilities would receive priority. A
signed copy of the legislation is enclosed.
The Office of, and Commission on, Out of School Time Grants and Youth Outcomes were established
in 2017 by legislation introduced by Councilmembers Grosso and Nadeau. Over the past six years, the
Office and Commission, alongside the Deputy Mayor for Education and the District's diverse
community-based out-of-school time providers, have made incredible strides in expanding
programming access to youth across the District. In 2020, the District ranked first in the nation for
afterschool programming, with 95% of parents satisfied with their child's afterschool program.1 In her
2023 inaugural address, Mayor Muriel Bowser re-affirmed her commitment to out-of-school time by
declaring "we will build the most robust free before- and after-school programs in the nation"2 and
worked with the Council to support that effort by allocating $5 million in the FY24 Budget to the
Office of the Deputy Mayor of Education to build the "My Afterschool DC" platform as a "one-stop
shop" for families to access out-of-school time programming for their students.3
Despite the progress made thus far, and the commendable focus on "Universal Out-of-School Time
Access" in the Office of Out of School Time Grants and Youth Outcomes Strategic Plan for 2023-
2026, there is still much work to be done to serve our youth. Almost two-thirds of District students
1
This is Afterschool in Washington, D.C. (2023) Afterschool Alliance.: https://www.afterschoolalliance.org/documents/challenge-2023/DC-Afterschool
Fact-Sheet-2023.pdf.
2
Mayor Bowser sworn in for Historic Third Term, delivers third inaugural address (2023) Government of the District of Columbia: Mayor Muriel
Bowser.: https://mayor.dc.gov/release/mayor-bowser-sworn-historic-third-term-delivers-third-inaugural- address#:~:text=We%20have%20a%20mandate
20from,2019%2C%20a%20lot%20has%20happened.
3
My afterschool DC (2023) My Afterschool DC. : https://dme.dc.gov/myafterschooldc%20
currently do not benefit from out-of-school time programming, with Wards 7 and 8 having the highest
unmet need. That adds up to a gap of 53,000 students without a publicly funded afterschool program
seat and 57,000 without a summer program seat.4 District parents cite the lack of safe means of getting
to and from programming, high cost, and absence of available programs as the greatest barriers to
participation.5
Today our city is seeing lagging in-seat attendance and academic performance6 and a disturbing
increase in juvenile crime and arrests, particularly for violent offenses and weapons charges.7 Nearly
half of all juvenile crime occurs between 2 p.m. and 6 p.m. when students could otherwise be in
afterschool programming.8 The "Universal Out of School Time for DC Amendment Act of 2023" is an
immediate, impactful proposal to meet the needs of this moment. Out-of-school time programming is
clearly correlated with increasing school attendance and improving economic mobility9 and academic
outcomes, with one study finding a 12% gain in grades and tests scores.10 Moreover, 69% of police
chiefs surveyed nationally cite out-of-school time programming as the most effective strategy for
reducing juvenile crime, 11 and 74% of parents agree that afterschool programs help keep their kids
safe.12 These programs are a smart investment for the District to make: every $1 spent on programs
returns at least $3 by increasing economic outcomes and reducing the likelihood of juvenile crime.13
For all these reasons and more, we must enact the "Universal Out of School Time for DC Amendment
Act of 2023". As written, the legislation: (1) mandates universal access to affordable before- and after-
school, school break, and summer programming by 2035; (2) prioritizes seats for youth who are at-
risk, English language learners, criminal-justice involved, or who have disabilities; (3) identifies and
addresses barriers to out-of-school time access, reducing racial and geographic disparities; (4)
facilitates interagency collaboration and requires continued support for community-based out-of-
school time providers; (5) updates the OST Needs Assessment and Strategic Plan to include youth
input and racial equity analysis; and (6) requires greater grant and data standardization, collection,
reporting, and transparency.
Should you have any questions about this legislation, please contact my Legislative Assistant Elias
Benda at ebenda@dccouncil.gov or (202) 394-8293.
Sincerely,
Matthew Frumin
Councilmember for Ward 3
4
Sayin, Y. and Calma, E. (2023) Needs assessment of out-of-school time programs in the District of Columbia - D.C. policy center.:
https://www.dcpolicycenter.org/publications/ost-needs-assessment/.
5
America After 3PM: Top 10 States for Afterschool (2020) Afterschool Alliance.: https://afterschoolalliance.org/documents/AA3PM-2020/AA3PM-Top-
10.pdf.
6
Camp, E. (2023) D.C.’s test scores and absenteeism rates are getting worse, so why are more students graduating?, Reason.com.:
https://reason.com/2023/04/03/d-c-s-test-scores-and-absenteeism-rates-are-getting-worse-so-why-are-more-students-graduating/.
7
Carbone, M. (2023) Crime in DC: Our children speak, DC News Now | Washington, DC.: https://www.dcnewsnow.com/news/local-news/washington-
dc/crime-in-dc-our-children-speak/.
8
From a time of risk to a time of opportunity - This is Afterschool, Afterschool Alliance.: https://www.afterschoolalliance.org/documents/CSA-fact-
sheets/AA_CSA_DC.pdf.
9
Bowsher, C.D. (2023), The Relationship Between Afterschool Program Participation and Socioeconomic Mobility, Georgetown University.
10
Afterschool and Summer Learning: A City Strategy to Support College and Career Readiness, National League of Cities.:
https://www.nlc.org/wp-content/uploads/2020/10/Afterschool-and-summer-learning-a-city-strategy-to-suppoprt-college-and-career-readiness.pdf.
11
Afterschool and Summer Learning: A City Strategy for Public Safety, National League of Cities.:
https://www.nlc.org/wp-content/uploads/2020/10/Afterschool-and-Summer-Learning-a-city-strategy-for-public-safety-brief.pdf.
12
From a time of risk to a time of opportunity
13
This is Afterschool in Washington, D.C.
 1
2
3 _____________________________ _____________________________
4 Councilmember Brianne K. Nadeau Councilmember Matthew Frumin
5
6
7 _____________________________ _____________________________
8 Councilmember Trayon White Councilmember Robert C White Jr.
9
10
11 _____________________________ _____________________________
12 Councilmember Zachary Parker Councilmember Brooke Pinto
13
14
15 _____________________________ _____________________________
16 Councilmember Kenyan R. McDuffie Councilmember Janeese Lewis George
17
18
19 _____________________________ _____________________________
20 Councilmember Anita Bonds Councilmember Charles Allen
21
22
23 _____________________________
24 Councilmember Vincent C. Gray
25
26
27
28 A BILL
29
30 _________
31
32
33 IN THE COUNCIL OF THE DISTRICT OF COLUMBIA
34
35 __________________
36
37
38 To amend the Office of Out of School Time Grants and Youth Outcomes Establishment Act of
39 2016 to require the Office and Commission to develop, coordinate, fund, and implement
40 a plan to guarantee universal access to out-of-school-time programming for all youth
41 enrolled in a public school in the District by 2035.
42
43 BE IT ENACTED BY THE COUNCIL OF THE DISTRICT OF COLUMBIA, That this
44 act may be cited as the “Universal Out of School Time Amendment Act of 2023”.
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45 Sec. 2. The Office of Out of School Time Grants and Youth Outcomes Establishment Act
46 of 2016, effective April 7, 2017 (D.C. Law 21-261; D.C. Official Code § 2-1555.01 et seq.) is
47 amended as follows:
48 (a) Section 2(a) (D.C. Official Code § 2-1555.01(a)) is amended as follows:
49 (1) New paragraphs (1A) (2A), (2B), (2C), (2D), (6A), (6B), and (6C) are added
50 to read as follows:
51 “(1A) “Child with a disability” shall have the same meaning as provided in
52 section 602(3) of the Individuals with Disabilities Education Act, approved April 13, 1970, (84
53 Stat. 175; 20 U.S.C. § 1401(3)).
54 “(2A) “Community-based organization” or “CBO” means an out-of-school-time
55 service provider that is a nonprofit entity, faith-based organization, or other entity, excluding the
56 District or a Local Education Agency, that provides out-of-school time programming to District
57 youth.
58 “(2B) “Deduplicated” means the elimination of data that double counts enrollment
59 or capacity of an out-of-school-time program across more than one session such that the total
60 number of youth an out-of-school-time service provider serves reflects their true capacity and
61 enrollment at any one time.
62 “(2C) “Equitable access” means a strategic approach to increasing District-wide
63 availability of out-of-school-time program seats that prioritize at-risk youth and closing gaps of
64 geographic distribution of programming relative to youth residency and school enrollment
65 identified by the Commission’s needs assessment and strategic plan issued pursuant to section 8
66 of this act.
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67 “(2D) “Low-income" means having a household income that is less than 60% of
68 the area median family income for the Washington, D.C. metropolitan area according to the
69 statistics of the United States Department of Housing and Urban Development.
70 “(6A) “Out-of-school-time service provider” means a youth development program
71 provider, including the District, that is publicly funded, in-part or in-whole, to facilitate one or
72 more out-of-school programs. A single organization, LEA, or entity may operate multiple out-of-
73 school-time programs in different locations.
74 “(6B) “Program session” means an out-of-school-time program that is provided
75 on a continuous basis, and that a youth may enroll in for a discrete number of weeks, either
76 before school, after school, or during summer break. An out-of-school-time service provider may
77 offer more than one program session consecutively or at more than one location.
78 “(6C) “Universal access” means a high-quality out-of-school-time program seat is
79 available to all youth enrolled in a Local Education Agency, relative to demand, and the program
80 seat is available on a free or affordable sliding-scale basis relative to household income.”.
81 (2) Paragraph (3) is amended by striking the phrase “Agency” means” and
82 inserting the phrase “Agency” or “LEA” means” in its place.
83 (3) Paragraph (7) is amended to read as follows:
84 “(7) "Youth" means an individual of 21 years of age or less who is enrolled in a
85 District primary or secondary school of a Local Education Agency, or an individual of 22 years
86 of age or less who is enrolled in special education services from an LEA.
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 87 (4) Paragraph (9) is amended by striking the phrase “educational, and
88 recreational” and inserting the phrase “educational, enrichment, or recreational” in its place.
89 (b) Section 3 (D.C. Official Code § 2-1555.02) is amended as follows:
90 (1) Subsection (b) is amended to read as follows:
91 “(b) The mission of the Office is to facilitate universal access to out-of-school-time
92 programs by:
93 “(1) Coordinating, promoting, and improving out-of-school-time program
94 offerings across out-of-school-time service providers;
95 “(2) Administering out-of-school-time funding pursuant to section 5 of this act;
96 “(3) Conducting and publicly publishing out-of-school-time program analysis
97 pursuant to section 9 of this act; and
98 “(4) Supporting out-of-school-time service providers in scaling up programming
99 to close gaps in out-of-school-time program seat capacity and geographic location consistent
100 with the strategic plan recommendations of the Commission.”.
101 (2) A new subsection (d) is added to read as follows
102 “(d) The Office shall spend not more than 7% of its annual budget appropriations
103 on Office overhead.”.
104 (c) Section 4(a) (D.C. Official Code § 2-1555.03(a)) is amended as follows:
105 (1) Paragraph (1) is amended by striking the phrase “Guide” and inserting the
106 phrase “Facilitate” in its place.
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107 (2) Paragraph (3) is amended to read as follows:
108 “(3)(A) Gather, analyze, and publish data from out-of-school-time service
109 providers funded in part or in whole by the District or by federal funds administered through the
110 District pursuant to section 9 of this act;
111 “(B) Utilize data to implement programmatic and funding improvements
112 that increase equitable access to high-quality, evidence-based out-of-school-time programs by
113 not less than a 10% year-over-year growth in seat capacity;”.
114 (3) Paragraph (4) is amended by striking the semicolon and inserting the phrase “,
115 including by widely promoting program offerings, educating stakeholders about the benefits of
116 out-of-school-time programming, and assisting with program enrollment;” in its place.
117 (4) Paragraph (5) is amended by striking the phrase “on out-of-school-time” and
118 inserting the phrase “on universal access to out-of-school-time” in its place.
119 (5) Paragraph (7) is amended by striking the phrase “development and other” and
120 inserting the phrase “development, navigating and managing organizational growth to grow seat
121 capacity and programmatic accessibility, and other” in its place.
122 (6) A new paragraph (7A) is added to read as follows:
123 “(7A) Provide in-house technical assistance to:
124 “(A) Out-of-school-time-service providers on improving program
125 accessibility and meeting local and federal guidelines for serving children with a disability;
126 “(B) Staff of out-of-school-time-service providers on supporting physical,
127 emotional, and behavioral needs of children with a disability;
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128 “(C) Parents of a child with a disability on finding out-of-school-time
129 service providers able to meet the unique needs of their child.”.
130 (7) Paragraph (8) is amended by striking the semicolon and inserting the phrase
131 “on universal access to out-of-school-time programs;” in its place.
132 (8) Paragraph (9) is amended to read as follows:
133 “(9)(A) In coordination with the Commission, lead collaboration, coordination,
134 and problem-solving across District agencies, LEAs, and CBO out-of-school-time service
135 providers to strengthen program offerings, funding, accessibility, and outcomes and build a
136 system that promotes and achieves universal access to out-of-school-time programming in
137 accordance with the strategic plan;
138 “(B) The Office shall engage the following District agencies to ensure a
139 whole-of-government approach to collaboration, coordination, and problem-solving related to
140 youth development:
141 “(i) The Office and Commission of Out of School Time Grants and
142 Youth Outcomes;
143 “(ii) The Office of the Deputy Mayor for Education, including
144 representation from the Office for Students in the Care of DC;
145 “(iii) The Office of the State Superintendent of Education;
146 “(iv) District of Columbia Public Schools;
147 “(v) District of Columbia Public Charter School Board;
148 “(vi) The Department of Parks and Recreation;
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149 “(vii) The Department of Employment Services;
150 “(viii) The Department of Behavioral Health;
151 “(ix) The Department of Human Services;
152 “(x) Child and Family Services Agency;
153 “(xi) The Department of Youth Rehabilitation Services;
154 “(xii) The Office of the Attorney General;
155 “(xiii) The Office of Neighborhood Safety and Engagement;
156 “(xiv) The Office of the Deputy Mayor for Public Safety and
157 Justice, including representation from the Safe Passage program;
158 "(xv) The Office of Disability Rights;
159 “(xvi) District of Columbia Public Library; and
160 “(xvii) The Council;”.
161 (9) Paragraph 10 is amended to read as follows:
162 “(10)(A) Develop, in collaboration with the Commission, plans for measuring and
163 assessing the quality of out-of-school-time programs;
164 “(B) Create and implement a plan to improve the quality, accessibility,
165 and inclusivity of out-of-school-time programs funded in part or in whole by the District; and”.
166 (10) A new paragraph (11) is added to read as follows:
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167 “(11)(A) Obtain, disperse, and administer funding for out-of-school-time
168 programs consistent with the strategic plan’s requirement to prioritize equitable access in scaling
169 up programming to achieve universal access to out-of-school-time programs by 2035;
170 “(B) Not less than 90% of Office grant funds shall be awarded to CBOs
1