5824091 Resolution 21-345, Early Learning Quality Improvement Network Congressional Review Emergency Declaration Resolution of 2016

A RESOLUTION

21-345

IN THE COUNCIL OF THE DISTRICT OF COLUMBIA

January 5, 2016        

                         

To declare the existence of an emergency, due to congressional review, with respect to the need to amend the Day Care Policy Act of 1979 to establish a pilot, community-based Quality Improvement Network that will allow children and families to benefit from early, continuous, intensive, and comprehensive child development and family-support engagement services, including educational, health, nutritional, behavioral, and family‑support services.

 

            RESOLVED, BY THE COUNCIL OF THE DISTRICT OF COLUMBIA, That this resolution may be cited as the “Early Learning Quality Improvement Network Congressional Review Emergency Declaration Resolution of 2016”.

 

            Sec. 2.  (a) The District of Columbia leads the nation in providing high-quality pre-K to 3- and 4-year olds.  In order to ensure that the District’s youngest children are prepared when they enter our pre-K programs, a need exists to increase the quality child care and services that our 0-3 year old population receives. 

(b) Currently, 3,542 children ages 0-3 years receive child care subsidy in the District of Columbia, and of those children, 38% come from families with no income, 63% come from families whose incomes are under 100% of the federal poverty level (“FPL”), and 75% come from families whose incomes are  under 130% of the FPL.  These are generally the District’s most vulnerable residents who need comprehensive services and a continuity of care to ensure that they are poised to succeed when they enter pre-K and kindergarten.

(c) In order to address the needs of the population discussed in subsection (b) of this section and their families, the Office of the State Superintendent of Education (“OSSE”) is creating a pilot Early Learning Quality Improvement Network (“QIN”) composed of child development facilities that will serve as hubs to provide quality improvement technical assistance and comprehensive services to licensed child development centers and licensed child development homes.  The child development centers and child development homes will provide low-income infants and toddlers high-quality, full-day, full-year comprehensive early learning and development services, including health, mental health, nutrition, and family engagement support, and a continuum of care.

            (d)  The pilot QIN will allow the District to demonstrate the effectiveness of an evidence‑based model of infant and toddler child care to support children’s learning and development outcomes.  Federal studies of use of the Early Head Start standards have shown improved cognitive skills and social development by the age of 3 years.  Thus, better preparation of the District’s youngest children will allow them to be more successful later in school, as well as lead to long-term positive social and educational outcomes.

            (e) Under current District law, children receiving child care subsidy are not guaranteed continuity of care, as their subsidy status is linked to their guardian’s employment status.  Thus, if a parent loses his or her job, his or her child will lose subsidy and thus child care.  This disruption is particularly detrimental to these children, as they are often the population with the greatest need for consistency and continuity.  Thus, a need exists to allow the children in the pilot QIN to continue to receive child care subsidy, and therefore child care, in spite of the employment status of their guardian.

(f) In August 2014, OSSE applied for a federal Department of Health and Human Services grant to support the QIN.  This federal grant requires recipients to provide continuity of care for children participating in the QIN.  To date, OSSE has heard from the HHS that we are in the fundable range and thus anticipate receiving the federal grant, thereby further elevating the need for this legislation.

(g) Additionally, the federal HHS grant requires recipients to provide children enrolled in the QIN free child care and comprehensive services.  Under current District law, this is not possible.  While a child’s family may receive subsidy to cover his or her child care, the law still requires the parent to pay for a portion of the child care based on a sliding scale adjusted for the guardian’s income level.  Therefore, in order to fulfill the requirement of the federal grant, as well as to ensure that the District’s most vulnerable population has access to complete and comprehensive health, mental health, nutrition, and family engagement services, a need exists for the children included in the pilot QIN to be exempt from the payment requirement sections of the Day Care Policy Act of 1979.

(h) The permanent version of legislation to implement the QIN, the Early Learning Quality Improvement Network Amendment Act of 2015, enacted December 17, 2015 (D.C. Act 21-231; 62 DCR 16261), was passed by the Council on December 1, 2015 and signed by the Mayor on December 17, 2015. It awaits transmittal to Congress for a 30-day review period.

(i) As the permanent version of the legislation made its way through the legislative process, on October 6, 2015, the Council passed this legislation on an emergency and temporary basis. The emergency legislation will expire on January 25, 2016 and the temporary legislation is projected to become law on January 29, 2016.

(j) This congressional review emergency is necessary to prevent a gap in the law. There are 400 children enrolled in QIN and it is important that this program continues for those families.

 

Sec. 3.  The Council of the District of Columbia determines that the circumstances enumerated in section 2 constitute emergency circumstances making it necessary that the Early Learning Quality Improvement Network Congressional Review Emergency Amendment Act of 2016 be adopted after a single reading.

 

Sec. 4.  This resolution shall take effect immediately.