2022 District of Columbia Code
Title 4 - Public Care Systems
Chapter 4 - Day Care
§ 4–410.02. Payments to child development facilities

(a)(1) By October 1, 2024, and on a triennial basis thereafter, the Department shall establish child care subsidy payment rates for child development facilities providing care for infants, toddlers, and children ages birth to 5.

(2) Subject to available appropriations, the child care subsidy rates shall be sufficient to, when combined with CDF payroll formula payments, provide a child development facility with funding to operate based on a cost modeling analysis that incorporates costs incurred as a result of implementing the ECE salary scale. CDF payroll formula payments shall be supplemental to child care subsidy payments.

(b) Beginning in Fiscal Year 2024, child development facilities that enter into a contract or agreement with the Department to receive monies from the Early Childhood Educatory Pay Equity Fund shall use such monies to pay, at minimum, the salaries for assistant and lead teachers listed in Tables 1 and 2:

(c)(1) Beginning February 1, 2023, and annually by February 1 thereafter, the Department shall recommend updates to Tables 1 and 2 to reflect minimum assistant teacher and lead teacher salaries for the following fiscal year. The proposed updates shall incorporate the following principles:

(A) The minimum salary for a lead teacher with a bachelor's degree in ECE or a bachelor's degree with greater than or equal to 24 credit hours in ECE shall be equal to or greater than the minimum salary of a full-time, 12-month teacher with a bachelor's degree employed by the District of Columbia Public Schools.

(B) The minimum salary for a lead teacher with an associate's degree in ECE or an associate's degree with greater than or equal to 24 credit hours in ECE shall aim to be 85% of the minimum salary of a lead teacher with a bachelor's degree in ECE or a bachelor's degree with great than or equal to 24 credit hours in ECE.

(C) The minimum salary for a lead teacher with a CDA or 48 credit hours with greater than or equal to 15 credit hours in ECE shall aim to be 85% of the minimum salary of a lead teacher with an associate degree in ECE or an associate degree with greater than or equal to 24 credit hours in ECE.

(D) The minimum salary for an assistant teacher with an associate degree should be equal to the minimum salary of a lead teacher with a CDA or 48 credit hours with greater than or equal to 15 credit hours in ECE.

(E) The minimum salary for an assistant teacher with a CDA should be equal to 94% of the minimum salary for an assistant teacher with an associate degree.

(F) Each salary level shall annually increase in proportion to the annual average increase, if any, in the Consumer Price Index for All Urban Consumers in the Washington Metropolitan Statistical Area published by the Bureau of Labor Statistics of the United States Department of Labor for the previous calendar year, rounded to the nearest multiple of $.05; provided, that the increase shall not exceed 3%.

(2) The Department shall aim to maintain the ongoing solvency of the Early Childhood Educator Pay Equity Fund. If the Department's recommended updates to Tables 1 and 2 in subsection (b) of this section deviate from the principles set forth in paragraph (1) of this subsection, it shall provide an explanation for the deviation.

(3) The Mayor shall include the updated tables in the Mayor's annual budget submission to the Council.

(d)(1) In the event that funds available in the Early Childhood Educator Pay Equity Fund are insufficient to cover the costs to implement the ECE salary scale, the Department may do any combination of the following:

(A) Reduce CDF payroll formula payments to child development facilities to align with the availability of funds and issue guidance to facilities for adjusting implementation of the ECE salary scale for the fiscal year; or

(B) Reduce the number of child development facilities receiving CDF payroll formula payments, in which case the Department shall prioritize funding to child development facilities receiving subsidy payments pursuant to section 5a.

(2) The Department shall notify the Council of reductions authorized in paragraph (1) of this subsection within 5 business days after the decision to make such reductions is made.

(Sept. 19, 1979, D.C. Law 3-16, § 11b; as added Oct. 30, 2018, D.C. Law 22-179, § 201(d), 65 DCR 9569; Sept. 11, 2019, D.C. Law 23-16, § 5143, 66 DCR 8621; Sept. 21, 2022, D.C. Law 24-167, § 4073(e), 69 DCR 009223.)

Section 5142(c) of D.C. Law 23-16 amended section 301(a) of D.C. Law 23-16 removing the applicability provision impacting subsection (a)(1) and (6) of this section. Therefore, the addition of subsection (a)(1) and (6) of this section by section 201(d) of D.C. Law 22-179 (as amended by D.C. Law 23-16) has been implemented.

Applicability of D.C. Law 22-179: § 301 of D.C. Law 22-179 provided that the creation of this section by § 201(d) of D.C. Law 22-179 is subject to the inclusion of the law’s fiscal effect in an approved budget and financial plan. Therefore that amendment has not been implemented.

For temporary (90 days) amendment of this section, see § 4073(e) of Fiscal Year 2023 Budget Support Emergency Act of 2022 (D.C. Act 24-470, July 13, 2022, 69 DCR 008707).

For temporary (90 days) amendment of this section, see § 5143 of Fiscal Year 2020 Budget Support Congressional Review Emergency Act of 2019 (D.C. Act 23-112, Sept. 4, 2019, 66 DCR 11964).

For temporary (90 days) amendment of this section, see § 5143 of Fiscal Year 2020 Budget Support Emergency Act of 2019 (D.C. Act 23-91, July 22, 2019, 66 DCR 8497).