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District of Columbia Official Code 2001 Edition. |
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Division VI. Education, Libraries, and Cultural Institutions. |
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Title 38. Educational Institutions. |
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Subtitle I. Public Education-Primary and Secondary. |
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Chapter 2A. Pre-Kindergarten Education System. |
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Subchapter I. Definitions; Administration; and Funding.
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For the purposes of this chapter, the term:
(1) "Community-based organization" or " CBO" means a Head Start or early childhood education program operated by a nonprofit entity, faith-based organization, or other entity that participates in federally funded early childhood programs.
(1A) "Coordinating Council" means the State Early Childhood Development Coordinating Council establish pursuant to § 38-271.07.
(1B) "DC Collaborative" means the collaborative of District of Columbia colleges and universities established pursuant to § 38-274.01(a)(3).
(1C) "Elementary and secondary education" means education from and including pre-k through the end of high school or their equivalent.
(2) Repealed.
(2A) "HEIG fund" means the Higher Education Incentive Grant Fund established by § 38-274.03.
(3) "HEI program" means the Higher Education Incentive grant program established pursuant to § 38-274.01.
(3A) "HEI scholarship program" means the scholarship program established pursuant to §§ 38-274.01 and 38-274.02.
(4) "HQ standards" means high-quality content standards and program requirements for pre-k programs established by the OSSE pursuant to § 38- 272.01.
(5) "OSSE" means the Office of the State Superintendent of Education, established by Chapter 26 of this title.
(6) "Pre-k" means the educational gradation available to children of pre-kindergarten age for the 2 years prior to their eligibility for enrollment in kindergarten.
(7) "Pre-k age" means children 3 or 4 years of age, and children who become 5 years of age after September 30th of the upcoming school year.
(8) "Pre-k-education services" means the District-wide educational services provided to the publicly funded CBOs, District of Columbia Public Schools, and Public Charter Schools who provide pre-k care and education services to pre-k age children.
(9) "Pre-k program" means a classroom or a group of classrooms serving pre-k children. A single organization or entity may operate multiple pre-k programs in different locations.
(10) "Professional development" means a data-driven, continuous improvement process that provides a range of formal and informal experiences designed for teaching and administrative staff to increase their knowledge and understanding of research-based, developmentally appropriate content and teaching strategies.
(11) "School readiness" means a child's mastery of approved early-learning standards in the domains of language and literacy, mathematical thinking, social and emotional development, scientific inquiry, social studies, approaches to learning, and health.
(12) "Technical assistance" means the human and technological resources that support the establishment of age-appropriate classroom environments, provide strategies that develop children's early language and literacy development and mathematical thinking, aid in the mastery of early-learning standards, and develop appropriate instructional strategies for children with disabilities and for children whose first language is not English.
(13) "Workforce development" means a range of educational and training experiences that support and increase the capacity of individuals to enter and remain a part of the early-care and education-labor market.
(July 18, 2008, D.C. Law 17-202, § 101, 55 DCR 6297; Mar. 8, 2011, D.C. Law 18-285, § 2(a), 57 DCR 11005; Sept. 14, 2011, D.C. Law 19-21, § 9061(a), 58 DCR 6226.)
HISTORICAL AND STATUTORY NOTES
Effect of Amendments
D.C. Law 18-285 rewrote pars. (1) and (3); and added pars. (1A), (1B), (1C), (2A), and (3A). Prior to amendment, pars. (1) and (3) read as follows:
"(1) 'Community-based organization' or ' CBO' means Head Start and early childhood- education programs operated by a nonprofit or faith-based organization."
"(3) 'HEI program' means the Higher Education Incentive grant program established by § 38-274.01."
D.C. Law 19-21 repealed par. (2), which formerly read:
"(2) 'Fund' means the Pre-k Program Assistance Grant Fund established by § 38- 272.04."
Temporary Amendments of Section
Section 2(a) of D.C. Law 18-142 rewrote par. (1) to read as follows:
"(1) "Community-based organization" or "CBO" means a Head Start or early childhood education program operated by a nonprofit entity, faith-based organization, or organization that participates in federally funded or District-funded early childhood programs, including the child care subsidy program funded by the federal Child Care and Development Fund."
; in par. (3), substituted "pursuant to" for "by"; and added pars. (2A) and (3A) to read as follows:
"(2A) "HEIG fund" means the Higher Education Incentive Grant Fund established by section 403.".
"(3A) "HEI scholarship program" means the scholarship program established pursuant to sections 401 and 402.".
Section 5(a) of D.C. Law 18-142 provides that the act shall expire after 225 days of its having taken effect.
Emergency Act Amendments
For temporary (90 day) amendment of section, see § 2(a) of Pre-K Acceleration and Clarification Emergency Amendment Act of 2009 (D.C. Act 18-304, January 28, 2010, 57 DCR 1475).
For temporary (90 day) amendment of section, see § 2(a) of Pre-k Acceleration and Clarification Congressional Review Emergency Amendment Act of 2010 (D.C. Act 18-602, December 1, 2010, 57 DCR 11039).
For temporary (90 day) amendment of section, see § 2(a) of Pre-k Acceleration and Clarification Congressional Review Emergency Amendment Act of 2010 (D.C. Act 19-4, February 11, 2011, 58 DCR 1399).
Legislative History of Laws
Law 17-202, the "Pre-K Enhancement and Expansion Amendment Act of 2008", was introduced in Council and assigned Bill No.17-537 which was referred to the Committee of the Whole. The Bill was adopted on first and second readings on April 1, 2008, and May 6, 2008, respectively. Signed by the Mayor on May 23, 2008, it was assigned Act No. 17-399 and transmitted to both Houses of Congress for its review. D.C. Law 17-202 became effective on July 18, 2008.
Law 18-285 , the "Pre-k Acceleration and Clarification Amendment Act of 2010", was introduced in Council and assigned Bill No. 18-605, which was referred to the Committee of the Whole. The Bill was adopted on first and second readings on July 13, 2010, and November 9, 2010, respectively. Enacted without signature of the Mayor on December 2, 2010, it was assigned Act No. 18-595 and transmitted to both Houses of Congress for its review. D.C. Law 18-285 became effective on March 8, 2011.
Law 19-21, the "Fiscal Year 2012 Budget Support Act of 2011", was introduced in Council and assigned Bill No. 19-203, which was referred to the Committee of the Whole. The Bill was adopted on first and second readings on May 25, 2011, and June 14, 2011, respectively. Signed by the Mayor on July 22, 2011, it was assigned Act No. 19-98 and transmitted to both Houses of Congress for its review. D.C. Law 19-21 became effective on September 14, 2011.
Miscellaneous Notes
Section 7101 of D.C. Law 17-219 repealed section 701 of D.C. Law 17-202.
Establishment--District of Columbia Early Childhood Advisory Council, see Mayor's Order 2010-68, May 21, 2010 (57 DCR 4460).
(a) The OSSE shall oversee CBO pre-k education services, including:
(1) All programs, including curricula;
(2) All related state and federal early childhood programs;
(3) Any licensure requirements;
(4) Fiscal matters;
(5) Funding to:
(A) Maximize the use of federal funds and other resources;
(B) Minimize inefficiencies and programmatic barriers;
(C) Ensure that children are placed on the appropriate funding streams; and
(D) Ensure that funds authorized by this chapter are used to supplement, not supplant, other funding sources that finance education programs for children of pre-k age;
(6) The alignment and monitoring of standards and teaching practices between pre-k and grades kindergarten through 3rd grade; and
(7) The implementation of an external evaluation of all pre-k programs, including the measurement of progress toward school-readiness benchmarks.
(b) The OSSE shall:
(1) Coordinate with the Interagency Collaboration and Services Integration Commission, established by § 2-1594, to ensure that eligible families can access coordinated support services for their children of pre-k age;
(2) In regard to pre-k programs in public schools and public charter schools, consult with local education agencies and the Public Charter School Board, established by § 38-1802.14, to ensure that the goals of this chapter are met;
(3) Establish facilities requirements for classroom expansion and quality improvement, to be utilized by the Office of Public Education Facilities Modernization, established by § 38-451, to complete the capital improvements and renovation of facilities;
(4) Develop high-quality content standards for all pre-k programs, which have been approved by the State Board of Education;
(5) Develop and oversee a monitoring, assessment, and accountability process for all programs within the pre-k-education system;
(6) Promulgate a process for pre-k programs that fail to attain the required high-quality standards by September 1, 2014, which may include:
(A) A reduction or elimination of local funding;
(B) Denial of licensure; or
(C) Revocation of licensure;
(7) Promulgate a quality-improvement process for pre-k programs that, after 2014, fail to maintain for a period of time, as determined by OSSE, the required high-quality standards, which may include:
(A) Adherence to a quality-improvement plan;
(B) A reduction or an elimination of local funding;
(C) Denial of licensure; or
(D) Revocation of licensure;
(8) Develop and administer the technical assistance program across all pre-k education services.
(9) Collect and disseminate to the public on an ongoing basis child and program data; and
(10) Consider developing a sliding-fee scale for enrollment in pre-k of children whose family income is above 250% of the federal poverty guideline.
(July 18, 2008, D.C. Law 17-202, § 102, 55 DCR 6297; Mar. 8, 2011, D.C. Law 18-285, § 2(b), 57 DCR 11005.)
HISTORICAL AND STATUTORY NOTES
Effect of Amendments
D.C. Law 18- 285, in subsec. (a), substituted "oversee CBO pre-k" for "oversee pre-k"; and rewrote subsecs. (b)(2) and (b)(8), which formerly read:
"(2) In regard to public charter schools, consult with the Public Charter School Board, established by § 38-1802.14, to ensure that the requirements and the goals of this chapter are met;"
"(8) Develop and administer the technical assistance and professional development programs for all teaching staff, principals, and other administrators in all of the sectors of pre-k, in coordination with the District's state system of professional development and training;"
Temporary Amendments of Section
Section 2(b) of D.C. Law 18-142 rewrote subsec. (b)(2) to read as follows:
"(2) In regard to pre-k programs in public schools and public charter schools, consult with local education agencies and the Public Charter School Board, established by section 2214 of the District of Columbia School Reform Act of 1995, approved April 26, 1996 (110 Stat. 1321; D.C. Official Code § 38- 1802.14), to ensure that the goals of this act are met.".
; and repealed subsec. (b)(8).
Section 5(a) of D.C. Law 18-142 provides that the act shall expire after 225 days of its having taken effect.
Emergency Act Amendments
For temporary (90 day) amendment of section, see § 2(b) of Pre-K Acceleration and Clarification Emergency Amendment Act of 2009 (D.C. Act 18-304, January 28, 2010, 57 DCR 1475).
For temporary (90 day) amendment of section, see § 2(b) of Pre-k Acceleration and Clarification Congressional Review Emergency Amendment Act of 2010 (D.C. Act 18-602, December 1, 2010, 57 DCR 11039).
For temporary (90 day) amendment of section, see § 2(b) of Pre-k Acceleration and Clarification Congressional Review Emergency Amendment Act of 2010 (D.C. Act 19-4, February 11, 2011, 58 DCR 1399).
Legislative History of Laws
For Law 17-202, see notes following § 38-271.01.
For history of Law 18-285, see notes under § 38-271.01.
(a) Within 30 days of July 18, 2008, the Mayor shall submit to the Council for its approval, a plan, including the name of a proposed independent evaluator, to evaluate pre-k programs in accordance with this section. Within 60 days of Council approval, the Mayor shall execute a contract with the approved evaluator.
(b) The approved evaluator shall perform a baseline quality assessment for a sampling of pre-k classrooms in each of the following sectors:
(1) District of Columbia Public Schools;
(2) Public charter schools; and
(3) CBOs.
(c) The evaluator shall collect baseline quality data to:
(1) Describe the overall program structure;
(2) Assess the language and literacy environment; and
(3) Assess the quality of instructional support, classroom climate, and classroom management.
(d) The evaluator's data and analysis shall be used to:
(1) Provide an assessment of the level of quality of all sectors; and
(2) Serve as baseline data from which to develop benchmarks for ongoing quality assessment of the pre-k-education system.
(e) The Mayor shall submit to the Council by September 15 of each year, beginning in 2009, projected benchmarks by which to measure annual achievements within the pre-k-education system.
(July 18, 2008, D.C. Law 17-202, § 103, 55 DCR 6297.)
HISTORICAL AND STATUTORY NOTES
Legislative History of Laws
For Law 17-202, see notes following § 38-271.01.
The Mayor shall submit to the Council by September 30 of each year, beginning in 2008, a capacity audit of pre-k programs for all sectors, to be used by OSSE to determine the:
(1) Number of children for whom pre-k is not available and whose parents would send them to pre-k but for the lack of availability;
(2) Current capacity of all existing pre-k programs; and
(3) Manner in which Head Start programs are incorporated in the early care and education delivery system.
(July 18, 2008, D.C. Law 17-202, § 104, 55 DCR 6297.)
HISTORICAL AND STATUTORY NOTES
Legislative History of Laws
For Law 17-202, see notes following § 38-271.01.
(a) The Mayor shall submit to the Council by September 30 of each year, beginning in 2009, an annual report on the status of pre-k for all sectors, accompanied, in 2009, by the independent quality evaluation required by § 38-271.03, which shall include OSSE's assessment of the:
(1) Annual achievements made as measured against the benchmarks developed the previous year;
(2) Number and success of the quality improvement plans implemented;
(3) Status of the monitoring, assessment, and accountability processes for all programs within the pre-k-education system; and
(4) Results of the current capacity audit of all pre-k programs.
(b) For the 2009 report, for which benchmarks would not have been submitted in the prior year, the annual achievements shall be measured using existing reliable data and that data shall be included, or an abstract thereof, in the evaluation.
(July 18, 2008, D.C. Law 17-202, § 105, 55 DCR 6297.)
HISTORICAL AND STATUTORY NOTES
Legislative History of Laws
For Law 17-202, see notes following § 38-271.01.
Delegation of Authority
Delegation of Authority pursuant to Section 501 of the Pre-k Enhancement and Expansion Amendment Act of 2008, see Mayor's Order 2009-44, March 27, 2009 (56 DCR 6872).
(a) Local funding for pre-k programs shall not supplant any funding sources used prior to July 18, 2008, for education programs for children of pre-k age.
(b)(1) For each provider that meets the high-quality standards established pursuant to this chapter, local funding shall be allocated in such a manner so that each provider receives in total funding an amount equal to the per student funding formula, established pursuant to § 38-1804.01.
(2) Local funding for a program under a quality-improvement plan may vary, in accordance with procedures established pursuant to § 38-271.02(b)(7).
(c)(1) The OSSE shall establish procedures for the local allocation of funds distributed pursuant to this section in the event that the amount appropriated is insufficient to fund all providers that meet the high-quality standards established by this chapter.
(2) From amounts appropriated under this section, OSSE may provide for all activities authorized by this chapter.
(July 18, 2008, D.C. Law 17-202, § 106, 55 DCR 6297.)
HISTORICAL AND STATUTORY NOTES
Legislative History of Laws
For Law 17-202, see notes following § 38-271.01.
(a) Within 45 days of March 8, 2011, the Mayor shall establish and convene a State Early Childhood Development Coordinating Council ("Coordinating Council") to:
(1) Improve collaboration and coordination among entities carrying out federally funded and District-funded pre-k and other early childhood programs to improve school readiness;
(2) Assist in the planning and development of a comprehensive early childhood education system that serves children ages birth to 8 years of age; and
(3) Comply with the Improving Head Start for School Readiness Act, approved December 12, 2007 (Pub. L. No. 110-134; 121 Stat. 1363).
(b) The Coordinating Council shall:
(1) Identify opportunities for collaboration and coordination among early childhood education entities;
(2) Review the annual pre-k report to the Council required by § 38-271.05 and submit any additional recommendations to improve the quality of and expand access to pre-k and other early childhood programs to the Council;
(3) Develop recommendations to:
(A) Increase participation of children in existing pre-k and other early childhood programs;
(B) Improve the quality of pre-k and other early childhood programs;
(C) Support the implementation of pre-k workforce development programs; and
(D) Improve state early-learning policies; and
(4) Perform other tasks as determined by the Mayor.
(c) The Coordinating Council membership shall consist of:
(1) The following members, or their designees:
(A) The Mayor;
(B) The Chairman of the Council of the District of Columbia;
(C) The State Superintendent of Education;
(D) The Chancellor of the District of Columbia Public Schools;
(E) The Executive Director of the Public Charter School Board;
(F) The Director of the Department of Health;
(G) The Director of the Department of Mental Health;
(H) The Director of the Department of Human Services;
(I) The Director of the Child and Family Services Agency;
(J) The State Director for Head Start Collaboration; and
(K) The Director of the entity designated as the state resource and referral agency; and
(2) The Mayor shall appoint at least one District resident from each of the following categories, to serve a term of 2 years:
(A) Families whose children are receiving or have received pre-k-education services;
(B) Head Start;
(C) Community-based organizations;
(D) Public schools;
(E) Public charter schools;
(F) Public charter school support organizations;
(G) Early childhood advocacy organizations;
(H) Business community;
(I) Philanthropic community;
(J) DC Collaborative; and
(K) Any additional category identified by the Coordinating Council as necessary or appropriate.
(d)(1) The Mayor shall appoint one person appointed pursuant to subsection (c)(2) of this section to be the chair, who shall convene the Coordinating Council no fewer than 4 times each year to gather public input on the Coordinating Council's recommendations.
(2) A quorum to transact business shall consist of 50% plus one of the members who are appointed and serving.
(July 18, 2008, D.C. Law 17-202, § 107, as added Mar. 8, 2011, D.C. Law 18-285, § 2(c), 57 DCR 11005.)
HISTORICAL AND STATUTORY NOTES
Temporary Addition of Section
Section 2(c) of D.C. Law 18-142 added a section to read as follows:
"Sec. 107. State Early Child Development Coordinating Council; establishment.
"(a) Within 45 days of the effective date of the Pre-k Acceleration and Clarification Emergency Amendment Act of 2010, passed on emergency basis on January 5, 2010 (Enrolled version of Bill 8-603), the Mayor shall establish and convene a State Early Childhood Development Coordinating Council ("Coordinating Council") to:
"(1) Improve collaboration and coordination among entities carrying out federally funded and District-funded pre-k and other early childhood programs to improve school readiness;
"(2) Assist in the planning and development of a comprehensive early childhood education system that serves children ages birth to 8 years of age; and
"(3) Comply with the Head Start Act, approved December 12, 2007 (Pub. L. No. 110-134; 121 Stat. 1363).
"(b) The Coordinating Council shall:
"(1) Identify opportunities for collaboration and coordination among early childhood education entities;
"(2) Review the annual pre-k report to the Council required by section 105 and submit to the OSSE additional recommendations to improve the quality of and expand access to pre-k and other early childhood programs to be submitted to the Council along with the annual pre-k report;
"(3) Develop recommendations to:
"(A) Increase participation of children in existing pre-k and other early childhood programs;
"(B) Improve the quality of pre-k and other early childhood programs;
"(C) Support the implementation of pre-k workforce development programs; and
"(D) Improve state early learning policies; and
"(4) Perform other tasks as determined by the Mayor.
"(c) The Coordinating Council membership shall consist of:
"(1) The following members, or their designees, the:
"(A) Mayor;
"(B) Chairman of the Council of the District of Columbia
"(C) State Superintendent of Education;
"(D) Chancellor of the District of Columbia Public Schools;
"(E) Executive Director of the Public Charter School Board;
"(F) Director of the Department of Health;
"(G) Director of the Department of Mental Health;
"(H) Director of the Department of Human Services;
"(I) Director of the Child and Family Services Agency;
"(J) State Director for Head Start Collaboration; and
"(K) Director of the entity designated as the state resource and referral agency; and
"(2) The following members, who shall be appointed by the Chairman of the Council or the Mayor, with each appointing at least one District resident from each of the following categories, to serve a term of 2 years:
"(A) Families whose children are receiving or have received pre-k-education services;
"(B) Head Start;
"(C) Community-based organizations;
"(D) Public schools;
"(E) Public charter schools;
"(F) Public charter school support organizations;
"(G) Early childhood advocacy organizations;
"(H) Business community;
"(I) Philanthropic community;
"(J) DC Collaborative; and
"(K) Any additional category identified by the Coordinating Council as necessary or appropriate.
"(d)(1) Two people appointed pursuant to subsection (c)(2) of this section shall be appointed co-chairs, one by the Chairman and one by the Mayor. The co-chairs shall convene the Coordinating Council no fewer than 4 times each year for the purpose of gathering public input on the Coordinating Council's recommendations.
"(2) A quorum to transact business shall consist of 50% plus one of the members who are appointed and serving.".
Section 5(a) of D.C. Law 18-142 provides that the act shall expire after 225 days of its having taken effect.
Emergency Act Amendments
For temporary (90 day) addition, see § 2(c) of Pre-K Acceleration and Clarification Emergency Amendment Act of 2009 (D.C. Act 18-304, January 28, 2010, 57 DCR 1475).
For temporary (90 day) addition, see § 2(c) of Pre-k Acceleration and Clarification Congressional Review Emergency Amendment Act of 2010 (D.C. Act 18-602, December 1, 2010, 57 DCR 11039).
For temporary (90 day) addition of section, see § 2(c) of Pre-k Acceleration and Clarification Congressional Review Emergency Amendment Act of 2010 (D.C. Act 19-4, February 11, 2011, 58 DCR 1399).
Legislative History of Laws
For history of Law 18-285, see notes under § 38-271.01.
