696 SCHEDULE OF PARENT FEES FOR THE DISTRICT OF COLUMBIA GOVERNMENT SUBSIDIZED CHILD CARE SERVICES IN CHILD DEVELOPMENT FACILITIES, CHILD DEVELOPMENT HOMES, AND BY RELATIVES AND IN-HOME CAREGIVERS
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THE OFFICE OF THE STATE SUPERINTENDENT OF EDUCATION
NOTICE OF EMERGENCY AND PROPOSED RULEMAKING
The State Superintendent of Education, pursuant to authority set forth in Mayor’s Order 2009-3 January 15, 2009, and Sections 5a and 6 of the Day Care Policy Amendment Act of 1998, effective April 13, 1999 (D.C. Law 12-216; D.C. Official Code §§ 4-404.01 and 4-405); hereby gives notice of the adoption of an emergency rules on September 28, 2009 to be added to Title 29, Chapter 3, Section 380 of the District of Columbia Municipal Regulations (DCMR) entitled “Schedule of Parent Fees for the District of Columbia Government Subsidized Child Care Services in Child Development Facilities, Child Development Homes, and by Relatives and In-Home Caregivers,” effective as of October 1, 2009. This schedule is also published on the OSSE website at www.osse.dc.gov. The Superintendent also hereby gives notice of intent to take final rulemaking action to adopt these rules not less than thirty (30) days from the date of publication of this notice in the D.C. Register. This emergency rule expires one hundred twenty (120) days after the effective date of this notice or upon adoption of a final regulation, whichever is first.
The purpose of this emergency and proposed regulation is to update the District of Columbia’s child care subsidy program sliding fee schedule for parent co-payments. The sliding fee schedule is based on the “2009 Federal Poverty Guidelines for the 48 Contiguous States and the District of Columbia.” There is an immediate need to preserve the public welfare by updating these fees and increasing the rate of payment to eligible recipients
In 2008, child care operating functions of the Early Care Education Administration were transferred from the Department of Human Services to the Office of the State Superintendent of Education (OSSE). In this regard, OSSE now serves as the lead agency for the District of Columbia Child Care and Development Fund providing District of Columbia families with a broad range of child care options. The OSSE is in the process of reviewing all regulations that now fall within its Early Child Education (ECE) program, including regulations for child care development facilities operating standards found in other subsections of chapter 3 of Title 29 of the DCMR.
Title 29 DCMR, Chapter 3, entitled “Child Care Development Facilities” is revised to include a new subsection 380 as follows:
380 SCHEDULE OF PARENT FEES FOR THE DISTRICT OF COLUMBIA GOVERNMENT SUBSIDIZED CHILD CARE SERVICES IN CHILD DEVELOPMENT FACILITIES, CHILD DEVELOPMENT HOMES, AND BY RELATIVES AND IN-HOME CAREGIVERS
380.1 Parents with a residence in the District of Columbia may be eligible to receive part time and full time child care services funded by payments from the District of Columbia. Eligible parents shall provide a co-payment consistent with the provisions of this chapter.
380.2 The sliding fee scale for parent co-payments is based upon the Federal Poverty Guidelines (FPG) taking in to consideration the family size and income.
380.3 Parent(s) with an income equal to or less than fifty percent (50%) of the FPG shall not pay any co-payment.
380.4 Parent(s) with an income equal to or below two hundred fifty percent (250%) of the FPG or eight five percent of the state median income, whichever is lower, are eligible for participation in the District of Columbia child care subsidy program.
380.5 Parents already receiving subsidized child day care services with an income at an amount equal to or below three hundred (300%) of the FPG or eighty five percent of the state median income, whichever is lower, may be eligible for continuation of child care co-payments under the following circumstances:
a) Continuing employment during the child care hours;
b) Continuing residency in the District of Columbia;
c) Submission of all the required documentation for redetermination;
d) Maintenance of routine attendance; and
e) Qualifying family size.
380.6 Parents with children with medical disabilities or special health care needs may
deduct from their income all medical expenses for that same year, related to a
child with disabilities or special health care needs in determining eligibility for subsidized child day care services in this chapter, provided that the medical expenses are:
a) Performed by a licensed health care practitioner; and
b) Substantiated with payment statements; payment receipts, and/or
insurance statements identifying the health care service.
380.7 The parent co-payment requirements in this chapter shall apply solely to the first two children in the family.
380.8 The copayment for the second child shall be seventy-five percent (75%) of the amount of the co-payment for the first child.
380.9 Parents are responsible for paying co-payments directly to a child development
facility.
380.10 The co-payment fee schedule for purposes of this chapter shall be published annually.
380.11 The following schedule of co-payments shall apply to services provided by a child
development facility, or duly authorized relative or in-home caregiver providing child care services subsidized by the District of Columbia.
380.12 The sliding fee schedule may be revised periodically based on the annual FPG and shall be posted for a 30 day comment period prior to the effective date of revisions to the schedule.
380.13 For purposes of section 380 of this chapter the following terms shall have the meaning ascribed herein:
Child - means an individual from birth through the age of 12 years (or up to the child’s 19th birthday if the child has special needs) and is a resident of the District of Columbia.
Family -means a unit consisting of one or more adults and children related by blood, marriage, adoption or legal guardianship who reside in the same household and are eligible for child care.
Income - means the combined total adjusted gross income of the parent(s) with primary responsibility for the child, declared in the joint and/or individual annual federal income tax filing for the most recent calendar year; or in the event such filing is not required with the federal government, other appropriate documentation to establish a parent(s) total annual income. Examples of income sources include, but are not limited to revenues from: wages, salaries, tips, partnership income, interest, dividends, capital gains, fringe benefits, IRA distributions, pensions, annuities, royalties, trusts, rental income, S corporations, farm income, alimony, child support, Social Security Income, unemployment compensation, and disability compensation.
Residence - means the location in the District of Columbia where the parent(s) with primary responsibility for the child resides and claims as the permanent place of residence for purposes of one or more of the following: federal and state taxes; receiving public financial support; voter registration; driver registration; valid residential lease; or other criteria that reveals an intent to establish the District of Columbia as the person’s domicile.
State - means District of Columbia for purposes of this chapter.
Persons wishing to comment on this rule should submit their comments in writing to Kerri L. Briggs, PhD., State Superintendent of Education, 441 4th Street, NW, Room 350N, Washington, D.C. 20001, Attention; Jessica Morffi re: Title 29, chapter 3. subsection 380; or to osse.publiccomment@dc.gov. All comments must be received no later than 30 days after publication of this notice in the D.C. Register. Copies of this rulemaking may also be obtained from the OSSE website at www.osse.dc.gov or upon request at the above referenced location.
