02. Payments to child development facilities. *NOTE: This section includes amendments by emergency legislation that will expire on January 27, 2025. To view the text of this section after the expiration of all emergency and temporary legislation affecting this section, click this link: Permanent Version.* (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 provide a child development facility with funding to operate based on the cost modeling analysis conducted pursuant to section § 4-410.01(b). (b) From October 1, 2024, through December 31, 2024, child development facilities that enter or have entered into a contract or agreement with the Department to receive monies from the Early Childhood Educator Pay Equity Fund shall use such monies to pay, at minimum, the salaries for assistant and lead teachers listed in tables 1 and 2 of this subsection: Table 1: Assistant Teacher Minimum Salaries Credential Level y Fund shall use such monies to pay, at minimum, the salaries for assistant and lead teachers listed in tables 1 and 2 of this subsection: Table 1: Assistant Teacher Minimum Salaries Credential Level Minimum salary Less than a CDA $43,865/year CDA $51,006/year Associate $54,262/year Table 2: Lead Teacher Minimum Salaries Credential Level Minimum salary CDA or 48 credit hours with greater than or equal to 15 credit hours in ECE $54,262/year Associate in ECE or Associate with greater than or equal to 24 credit hours in ECE $63,838/year Bachelor's in ECE or Bachelor's with greater than or equal to 24 credit hours in ECE $75,103/year (b-1) Beginning January 1, 2025, child development facilities that enter or have entered into a contract or agreement with the Department to receive monies from the Early Childhood Educator Pay Equity Fund shall use such monies to pay, at minimum, the salaries for assistant and lead teachers listed in tables 1 and 2 of this subsection: Table 1: Assistant Teacher Minimum Salaries Credential Level Minimum Salary CDA $51,006/year ($24.52/hour) Associate degree or higher or 60 hours of college-level coursework in any field $54,262/year ($26.09/hour) Table 2: her Minimum Salaries Credential Level Minimum Salary CDA $51,006/year ($24.52/hour) Associate degree or higher or 60 hours of college-level coursework in any field $54,262/year ($26.09/hour) Table 2: Lead Teacher Minimum Salaries Credential Level Minimum Salary Child development center teacher or expanded child development home caregiver with a CDA $51,006/year ($24.52/hour) Child development home caregiver with a CDA $54,262/year ($26.09/hour) Associate in ECE; associate with at least 12 credit hours in ECE; 60 college credit hours with at least 12 credit hours in ECE $63,838/year ($30.69/hour) Bachelor's or higher in ECE; or Bachelor's with at least 12 credit hours in ECE $75,103/year ($36.11/hour) (b-2) The Department shall issue guidance to assist child development facilities with aligning the minimum salary requirements in subsections (b) and (b-1) of this section with the qualifications for child development facility assistant and lead teachers it has established by regulation. (c)(1) Beginning February 1, 2023, and annually by February 1 thereafter, the Department shall recommend updates to Tables 1 and 2 in subsection (b-1) of this section to reflect minimum assistant on. (c)(1) Beginning February 1, 2023, and annually by February 1 thereafter, the Department shall recommend updates to Tables 1 and 2 in subsection (b-1) of this section to reflect minimum assistant teacher and lead teacher salaries for the following fiscal year. (A) Repealed. (B) Repealed. (C) Repealed. (D) Repealed. (E) Repealed. (F) Repealed. (2) The Department shall aim to maintain the ongoing solvency of the Early Childhood Educator Pay Equity Fund. (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 r (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 at least 10 business days before the Department notifies child development facilities of such reductions. (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; Sept. 6, 2023, D.C. Law 25-50, § 4142, 70 DCR 10366; Sept. 18, 2024, D.C. Law 25-217, § 4083(c), 71 DCR 9990; Oct. 31, 2024, D.C. Act 25-619, § 2(b), 71 DCR 13549.) Applicability Section 4143 of D.C. Law 25-50 provided that the amendments to this section by § 4142 of D.C. Law 25-50 shall apply as of July 14, 2023. Section 4143 of D.C. Act 25-172 provided that the amendments to this section by § 4142 of D.C. Act 25-172 shall apply as of July 14, 2023. Section 5142(c) of D.C. Law 23-16 amended section 301(a) of D.C. ion 4143 of D.C. Act 25-172 provided that the amendments to this section by § 4142 of D.C. Act 25-172 shall apply as of July 14, 2023. 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. Emergency Legislation For temporary (90 days) amendment of this section, see § 2(b)(3) of Early Childhood Educator Pay Scales Emergency Amendment Act of 2024 (D.C. Act 25-619, Oct. 31, 2024, 71 DCR 13549). For temporary (90 days) amendment of this section, see § 4083 of Fiscal Year 2025 Budget Support Emergency Act of 2024 (D.C. Act 25-506, July 15, 2024, 71 DCR 8406). 19, Oct. 31, 2024, 71 DCR 13549). For temporary (90 days) amendment of this section, see § 4083 of Fiscal Year 2025 Budget Support Emergency Act of 2024 (D.C. Act 25-506, July 15, 2024, 71 DCR 8406). For temporary (90 days) amendment of this section, see § 4142 of Fiscal Year 2024 Budget Support Emergency Act of 2023 (D.C. Act 25-172, July 14, 2023, 70 DCR 9933). 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).
District of Columbia Legal Code