5944565 Education, Office of the State Superintendent of - Notice of Final Rulemaking - Amending regulations to add a new subsection 3501.1(e) to Chapter 35 (Pre-K Enhancement and Expansion Funding) to enhance and expand high quality pre-K programs ...

OFFICE OF THE STATE SUPERINTENDENT OF EDUCATION

 

Notice of FINAL rulemaking

 

The State Superintendent of Education, pursuant to the authority set forth in Sections 102, 106 and 501 of the Pre-K Enhancement and Expansion Amendment Act of 2008, effective July 18, 2008 (D.C. Law 17-202; D.C. Official Code §§ 38-271.02, 38-271.06, and 38-275.01 (2012 Repl. & 2015 Supp.)) (“Pre-K Act”), and Mayor’s Order 2009-44, dated March 27, 2009, hereby gives notice of the adoption of amendments to Chapter 35 (Pre-K Enhancement and Expansion Funding), of Title 5 (Education), Subtitle A (Office of the State Superintendent of Education), of the District of Columbia Municipal Regulations (DCMR)..

 

This final rulemaking establishes the academic and degree requirements for teachers in community based organizations providing high quality pre-K services that receive an allocation from OSSE’s Pre-K Enhancement and Expansion Program by adding Subsection 3501.1(e) to Chapter 35. The purpose of the final rulemaking is to enhance and expand high quality pre-K programs across the District by setting forth a high standard for academic and degree requirements for teachers in community based organizations providing high quality pre-K services.

 

The Notice of Emergency and Proposed Rulemaking was published in the D.C. Register on October 2, 2015, at 62 DCR 13045.  In addition, the SBOE held working sessions on January 6, 2016 and February 3, 2016 and a public hearing on January 20, 2016 to discuss the proposed rulemaking and receive public testimony.

 

The comment period officially closed on November 2, 2015, with the State Superintendent having received one comment regarding the academic and degree requirements for teachers in community based organization providing high quality pre-K services. Specifically, the comment requested OSSE clarify whether the minimum educational requirements include “degrees or concentrations in early childhood special education.” The State Superintendent recognizes the need for that clarification, as OSSE did not intend omit those degrees and concentrations. Accordingly, the final rulemaking inserts “early childhood special education” into Subsections 3501.1(e)(1)(A) and (B) and 3501.1(e)(2)(A). In addition, the State Superintendent inadvertently omitted another group of teachers who may have degrees in other fields but have demonstrated the necessary knowledge and background to serve as a high quality pre-K teacher through successful completion of the Early Childhood Praxis Exams. The final rulemaking inserts “Hold a bachelor’s degree in a field other than a child development, early childhood education, early childhood special education or child and family studies and successful completion of applicable Early Childhood Praxis Exams” into Subsection 3501.1(e)(1)(C). These changes do not substantially alter or change the intent, meaning, or application of the proposed rules or exceed the scope of the rules as published with the notice of proposed rulemaking.

 

 The State Board of Education approved this rule as final on February 17, 2016, pursuant to Section 201(b)(6) of the Pre-K Act and this rule has been “deemed approved” by the Council of the District of Columbia, pursuant to Section 501(a) of the Pre-K Act..The rule will become effective upon publication of this notice in the D.C. Register.

 

Chapter 35, PRE-K ENHANCEMENT AND EXPANSION FUNDING, of Title 5-A DCMR, OFFICE OF THE STATE SUPERINTENDENT OF EDUCATION, is amended as follows:

 

Section 3501, HIGH QUALITY STANDARDS, is amended as follows:

 

Subsection 3501.1(e) is amended to read as follows:

 

(e)        For each high quality pre-K program classroom, the high quality pre-K program shall employ, at a minimum, one (1) teacher and one (1) teacher assistant who meet the following minimum educational requirements:

 

(1)        Teacher:

 

(A)       Hold at least a bachelor’s degree in child development, early childhood education, early childhood special education or child and family studies; except that a person may have an associate’s degree in child development, early childhood education, or child and family studies provided that the person is enrolled, at the time of employment by the CBO, in a bachelor’s degree program and on track to receive it by December 2017; or

 

(B)       Hold a bachelor’s degree in a field other than child development, early childhood education, early childhood special education, or child and family studies and have earned eighteen (18) credits in early childhood education.

 

(C)       Hold a bachelor’s degree in a field other than a child development, early childhood education, early childhood special education or child and family studies and successful completion of applicable Early Childhood Praxis Exams.

 

(2)        Assistant teacher:

 

(A)       Hold at a minimum a Child Development Associate credential and be enrolled, at the time of employment by the CBO, in an early childhood associate’s degree program and on track to receive the degree by December 2017; or

 

(B)       Hold an associate’s degree in a field other than child development, early childhood education, early childhood special education, or child and family studies and have earned nine (9) credits in early childhood education;