MURIEL BOWSER
MAYOR
February 26, 2021
The Honorable Phil Mendelson, Chairman
Councilof the District of Columbia
1350 Pennsylvania Avenue N.W. Suite 504
Washington, D.C. 20004
Dear Chairman Mendelson:
Pursuant to section 7(a)of the Child Development Facilities Regulation Act of 1998 (D.C. Law
12-215; D.C. Official Code 7-2036 (2018 Repl.), enclosed for the consideration and approval by
the Council of the District of Columbia is a resolution titled the Credentials for Child
Development Home Caregivers and Assistant Teachers Regulations Approval Resolution
of 2021. This resolution would approve the Proposed Rulemaking adopted the Office of the
State Superintendent of Education (OSSE) set forth in chapter Al in Title 5 of the D.C.
Municipal Regulations (DCMR).
On December 2, 2016, OSSE published a Final Rulemaking setting forth an updated framework
for obtaining and maintaininga license to operate a child development facility (63 DCR 14640).
The Final Rulemaking required that centerdirectors, teachers, assistant teachers, home caregivers,
associate caregivers, and expanded home caregivers eam progressively higher education
credentials over time based on their specific positions.
Child development facility staff are now facing many challenges related to the public health
emergency, and OSSE recognizes that meeting the specific credential requirements set forth in SA
DCMR 166, 168, and 171 may be hindered. There is an immediate need to ensure the health,
safety and welfare ofchild development facility staff and the infants and toddlers under their care.
In order to provide adequate time for providers to comply with the credential requirements for
assistant teachers, home caregivers, and associate caregivers, OSSE has determined that some staff
in child development facilities will need more time to reach the minimum education requirements
deadline. Therefore, this Proposed Rulemaking will extend the deadline to meet the requirements
for assistant teachers, home caregivers, and associate caregivers to December 2, 2023.
Please contact Shana Young, Interim State Superintendent of Education, at (202) 322-1734, with
any questions you may have. I urge the Council to take favorable consideration of the enclosed
resolution.
Sincggely,
if] Bowser
Encldsure
 A am
eewaueune
Chairman Phil Mendelson
at the requestof the Mayor
A RESOLUTION
10
u
13 IN THE COUNCIL OF THE DISTRICT OF COLUMBIA.
4
Is
16
7
18 To approve proposed rules adopted by the Office of the State Superintendent of Education which
19 amend sections 166, 168, and 171 to Chapter AlofTitle 5ofthe District of Columbia
20 Municipal Regulations to extend the December 2, 2020 deadline for child development
ai home caregivers, associate caregivers, and assistant teachers to comply with specific
2 credential requirements and to require such compliance by December 2, 2023.
23
24 BE IT ENACTED BY THE COUNCIL OF THE DISTRICT OF COLUMBIA, That this
act may be cited as the "Credentials for Child Development Assistant Teachers, Home
Categivers and Associate Caregivers Regulations Approval Resolution of 2021.
Sec. 2. Pursuant to section 7a of the Child Development Facilities Regulation Act of
1998 effective April 13, 1999 (D.C. Law 12-215; D.C. Official Code 7-2036), the Council
approves the proposed rulemaking adopted by Office of the State Superintendent of Education to
amend current rules to extend the deadline to meet credential requirements for assistant teachers,
home caregivers, and associate caregivers, as set forth in sections 166, 168, and 171 ofChapter
Al in Title 5ofthe District of Columbia Municipal Regulations.
Sec. 3. Fiscal impact.
 The Council adopts the fiscal impact statement in the committee report as the fiscal
impact statement required by section 602(c)(3) of the District of Columbia Home Rule Act,
approved December 24, 1973 (87 Stat. 813; D.C. Official Code 1-206.02(c)(3)).
Sec. 4. The Council shall transmit a copyofthis resolution, upon its adoption, to the
Mayor, the Superintendent of the Office of the State Superintendent of Education, and the
Administratorofthe Office of Documents and Administrative Issuances.
Sec. 5. This resolution shall take effect immediately.
 OFFICE OF THE STATE SUPERINTENDENT OF EDUCATION
NOTICE OF FINAL RULEMAKING
The State Superintendent of Education (State Superintendent), pursuant to authority set forth
in Section 7a of the Child Development Facilities Regulation Act of 1998 effective April 13,
1999 (D.C. Law 12-215; D.C. Official Code 7-2036 (2018 Repl.)); Mayors Order 2009-130,
dated July 16, 2009; the Child Care and Development Block Grant Act of 2014, approved
November 19, 2014 (Pub. L. 113-186; 42 USC 9858 et seg.), and regulations promulgated
thereunder at 45 CFR Parts 98 and 99, hereby gives notice of her adoption of the following
amendments to Chapter 1 (Child Development Facilities: Licensing) of Subtitle A (Office ofthe
State Superintendent of Education), Title 5 (Education), of the District of Columbia Municipal
Regulations (DCMR).
I. Purpose
The purpose of this Final Rulemaking is to extend the deadline for staff members to comply with
specific credential requirements for assistant teachers and home caregivers. On December 2,
2016, the Office of the State Superintendent of Education ("OSSE") published a Final
Rulemaking setting forth an updated framework for obtaining and maintaining a license to
operate a child development facility (63 DCR 14640). The December 2016 Final Rulemaking
required that center directors, teachers, assistant teachers, home caregivers, associate caregivers,
and expanded home caregivers earn progressively higher education credentials over time based
on their specific positions. OSSE extended this deadline via an emergency and proposed
rulemaking that became final on June 29, 2018, prior to the onset of the global COVID-19
pandemic and the ensuing public health emergency ("PHE") in the District of Columbia.
The Mayor declared a public health emergency on March 11, 2020. The PHE has disrupted many
aspects of daily life, including education and child care. Child development facility staff are
facing many challenges related to the public health emergency, and OSSE recognizes that
meeting the specific credential requirements set forth in 5A DCMR 166, 168, and 171 may be
hindered due to conditions directly related to the public health emergency. Requiring staff to
attend in-person courses may pose a health risk the staff, the children, and the families of
children in their care. There is an immediate need to ensure the health, safety, and welfare of
child development facility staff and the infants and toddlers under their care. In order to provide
adequate time for providers to comply with the credential requirements for assistant teachers and
home caregivers, OSSE has determined that some staff in child development facilities will need
more time to reach the minimum education requirements deadline. Therefore, through this
rulemaking, the Officeof the State Superintendent of Education extends the deadline to meet the
Child Development Associate requirements for assistant teachers and home caregivers to
December 2, 2023. This rulemaking is necessary to ensure child development facilities who
accept subsidies are financially equipped to offer safe, quality, and appropriate care to the
District's youngest and most vulnerable residents during a public health emergency.
 Il. Notice of Emergency and Proposed Rulemaking
A Notice of Emergency and Proposed Rulemaking was published in the D.C. Register for a
thirty (30) day public comment period on December 11, 2020, at 67 DCR 51. The comment
period officially closed on January 11, 2021. OSSE did not receive any comments and has not
made any changes in the Final Rulemaking.
III. Council Review
These rules have been deemed approved by the Council of the District ofColumbia, pursuant
to Section 7(a) of the Child Development Facilities Regulation Act of 1998, effective April 13,
1999 (D.C. Law 12-215; D.C. Official Code 7-2036(a) (2018 Repl.)). The rule will become
effective upon publicationofthis notice in the D.C. Register.
Chapter 1, CHILD DEVELOPMENT FACILITIES: LICENSING, of Title 5-A DCMR,
OFFICE OF THE STATE SUPERINTENDENT OF EDUCATION, is amended as follows:
Section 166, CHILD DEVELOPMENT CENTER: ASSISTANT TEACHER
QUALIFICATIONS AND RESPONSIBILITIES, is amended as follows:
Subparagraphs (c) and (d) in Subsection 166.1 are amended by striking the phrase
December 2, 2020 and inserting the phrase December 2, 2023 in its place.
Section 168, CHILD DEVELOPMENT HOME: CAREGIVER QUALIFICATIONS AND
RESPONSIBILITIES, is amended as follows:
Subsection 168.1(a) is amended by striking the phrase December 2, 2020 and inserting
the phrase December 2, 2023 in its place.
Section 171, EXPANDED CHILD DEVELOPMENT HOME: ASSOCIATE CAREGIVER
QUALIFICATIONS AND RESPONSIBILITIES, is amended as follows:
Subsection 171.1(a) is amended by striking the phrase December 2, 2020 and inserting
the phrase December 2, 2023 in its place.
 GOVERNMENT OF THE DISTRICT OF COLUMBIA
Office of the Attorney General
x wx
Cn
Ea
Legal Counsel Division
MEMORANDUM
Ronan Gulstone
Executive Director
Office of Policy and Legislative Affairs
FROM: Brian K. Flowers
Deputy Attorney General
Legal Counsel Division
DATE: November 30, 2020
SUBJECT: Legal Sufficiency Reviewof the Credentials for Child Development Home
Caregivers and Assistant Teachers Regulations Approval Resolution of 2020
(AR-20-749)
This is toCertify that tris ontice has reviewed the above-
referenced resolution and that we have found it to be legally sufficient. If you have any
questions in this regard, please do not hesitate to call me at 724-5524.
Buan 6. Flowers
Brian K. Flowers