469691 Pre-K Education System proposed rulemaking

OFFICE OF THE STATE SUPERINTENDENT OF EDUCATION

Notice of proposed rulemaking

The State Superintendent of Education, pursuant to the authority set forth in the section 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 § 38-271.01 et seq.) (2009 Supp.), as amended by the Pre-k Acceleration and Clarification Temporary Amendment Act of 2010, effective April 20, 2010 (D.C. Law 18-142; 57 DCR 1497; any permanent version of this act, and Mayor’s Order 2009-44 (March 27, 2009), hereby gives notice of her intent to adopt the proposed rules set forth in this notice as final in not less than thirty (30) days after the date of publication of this notice in the D.C. Register.

The proposed rules establish a new Chapter 35, to be entitled “Pre-k Education System”, in Subtitle A, “Office of the State Superintendent of Education,” of Title 5 of the District of Columbia Municipal Regulations (DCMR). The new Chapter 35 establishes a uniform standard of high quality for all publicly-funded pre-k programs in the District of Columbia. The comprehensive structure for publicly funded pre-k programs in the District of Columbia established in these rules also relies upon other District of Columbia laws affecting the health and welfare of the children enrolled in these pre-k programs. These laws are set forth with specificity in these rules.

The proposed rules will also be submitted to the Council of the District of Columbia for a thirty (30) day review period pursuant to section 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 § 38-275.01(a)).

Subtitle A, “Office of the State Superintendent of Education,” of Title 5 of the District of Columbia Municipal Regulations is amended by adding a new chapter 35 to read as follows:

CHAPTER 35 DISTRICT OF COLUMBIA PRE-K EDUCATION SYSTEM

3500 Authority

3500.1 The Office of the State Superintendent of Education is responsible for overseeing the pre-k education services in the District of Columbia pursuant to Mayor’s Order 2009-44 (March 27, 2009).

3500.2 The comprehensive regulatory structure set forth in this chapter is based upon the following legal authority:

(a) Pre-k Enhancement and Expansion Amendment Act of 2008, D.C.

Law 17-202, effective July 18, 2008 (D.C. Official Code §38-271.01 et seq.);

District of Columbia School Reform Act of 1995, approved April 26, 1996 (110 Stat. 1321-107; D.C. Official Code §38-1804.01) (School Reform Act);

(b) District of Columbia Administrative Procedure Act, approved

October 21, 1968 (82 Stat. 1204; D.C. Official Code §2-501 et. seq.);

Establishment Act of 2007, effective June 12, 2007 (D.C. Law 17-9; D.C. Official Code §2-1595(c));

(d) Early Intervention Program Establishment Act of 2004, effective

April 13, 2005 (D.C. Law 15-353; D.C. Official Code §7-863.03a);

(e) Child Development Facilities Regulation Act of 1998, effective

April 13, 1999 (D.C. Law 12-215; D.C. Official Code §7-2301 et seq.);

(f) State Education Office Establishment Act of 2000, effective

October 21, 2000 (D.C. Law 13-176; D.C. Official Code §38-2601);

(g) Public Education Facilities Modernization Establishment Act of 2007, effective June 12, 2007 (D.C. Law 17-9; D.C. Official Code

§38-453)

(h) District of Columbia School Reform Act of 1995, approved April

26, 1996 (110 Stat. 1321-107; D.C. Official Code §38-1802.14);

(i) District of Columbia Home Rule Act, approved December 24,

1973 (87 Stat. 813; D.C. Official Code §1-206.02 (c)(3));

(j) Criminal Background Checks for the Protection of Children Act of

2004, (D.C. Law 15-353, D.C. Official Code §4-1501.01 et seq.); and

(k) District of Columbia Prevention of Child Abuse and Neglect Act

of 1977, effective September 23, 1977 (D.C. Law 2-22, D.C. Official Code §4-1321.01 et seq.).

3501 PURPOSE AND ApplicabIlity

3501.1 The purpose of this rulemaking is to create a uniform standard of high-quality for all publicly-funded pre-k programs in the District of Columbia by:

(a) Establishing high-quality content standards and program

requirements (“HQ Standards”) that reflect current research and

national standards of best practice in the field;

(b) Establishing policies to protect the health, safety, and well-being of

children in pre-k programs; and

education across all publicly-funded entities providing pre-k

services.

3501.2 Unless otherwise exempted, these rules shall apply to every publicly-funded pre-k

program in District of Columbia Public Schools, District of Columbia public

charter schools, and community-based organizations in the District of Columbia.

3502 CHILD ELIGIBILITY

3502.1 A pre-k student shall be a resident of the District of Columbia and either:

(a) Three (3) years of age on or before September 30 of the school

year for which the child is being enrolled;

(b) Four (4) years of age; or

(b) Five (5) years of age after September 30 of the upcoming school

year for which the child is being enrolled.

3502.2 Prior to September 1, 2014, if a program chooses to use a different date than

September 30 to determine the child’s age, the program may apply for a waiver

from this requirement.

3502.3 Beginning September 1, 2014, all programs must use the September 30 date to determine the child’s age and waivers shall no longer be issued or valid with regard to this requirement.

3503 Documentation for Age verification

3503.1 Pre-k programs must document age eligibility and retain this information on site. Acceptable documentation may include, but is not limited to, any one (1) of the following:

(a) An original or certified true copy of the student’s official birth

certificate;

(b) A valid, unexpired passport which gives the student’s date of birth;

Affidavit forms shall be available from each principal, director, or other authorized staff person responsible for admission and registration procedures;

(d) An official transcript from the last school or program attended

which includes the student’s date of birth; or

(e) An original or certified true copy of a religious ceremony

certificate which includes the student’s date of birth.

3504 Residency Requirement

3504.1 Residency status shall be re-established annually for each pre-k student.

3504.2 The methods used to determine residency shall be consistent with OSSE’s Residency Verification requirements, set forth in chapter 50 of this subtitle, and shall be crafted to facilitate rather than hinder the enrollment of eligible children.

3504.3 The residency status of each student initially enrolling in a pre-k program shall be established by October 5, or no later than ten (10) days after the time of initial enrollment, whichever occurs later within the school year for which the student is being enrolled. The annual verification of residency shall take place no earlier than April 1.

3505 Documentation for Residency VERIFICATION

3505.1 Proof of residency status may include, but is not necessarily limited to, the following:

(a) One of the following items shall suffice to establish District of

Columbia residency:

(1) Proof of payment of District of Columbia personal income

tax, in the name of the person seeking to enroll the student,

for the tax period closest in time to the consideration of

District of Columbia residency;

(2) A current (that is, issued less than forty-five (45) days prior

to consideration of residency) pay stub in the name of the

person seeking to enroll the student that shows his or her

District of Columbia residency and evidence of the

withholding of District of Columbia income tax;

(3) Current official documentation of financial assistance

received by the person seeking to enroll the student, from

the Government of the District of Columbia including, but

not limited to Temporary Assistance for Needy Families

(TANF), Medicaid, the State Child Health Insurance

Program (SCHIP), Supplemental Security Income (SSI), or

housing assistance;

(4) Confirmation, based upon completion and submission of a

tax information authorization waiver form, by the District of Columbia Office of Tax and Revenue of payment of District of Columbia income taxes by the person seeking to enroll the student;

(5) Current official military housing orders showing residency

in the District of Columbia of the person seeking to enroll the student; or

(6) A currently valid court order indicating that the student is a

ward of the District of Columbia.

(b) In the alternative, two (2) of the items listed below shall suffice as

proof of residency in the District of Columbia:

(1) A current motor vehicle registration in the name of the

person seeking to enroll the student and evidencing District of Columbia residency;

(2) A valid unexpired lease or rental agreement in the name of

the person seeking to enroll the student, and paid receipts or canceled checks (for a period within two (2) months immediately preceding consideration of residency) for payment of rent on a District residence in which the student actually resides;

(3) A valid unexpired District of Columbia motor vehicle

operator’s permit or other official non-driver identification in the name of the person seeking to enroll the student; and

(4) Utility bills (excluding telephone bills) and paid receipts or

cancelled checks (from a period within the two (2) months immediately preceding consideration of residency) in the name of the person seeking to enroll the student that shows a District of Columbia residence address.

3505.2 If the person seeking to enroll the student is unable to produce documents complying with sections (a) or (b) of subsection A-3505.1, the program may exercise the option, with the agreement of the person seeking to enroll the student, to conduct a home visit or other form of alternative residency verification. Use of alternative residency verification requires:

(a) A sworn affidavit by the principal, director, or other authorized

staff person attesting that residency of the student was confirmed

by the principal, director, or other authorized staff person within

forty-five (45) days of enrollment; and

(b) Completion of the standard Alternative Residency Verification

Form. These forms shall be issued by and available from the OSSE and

shall be available from the District of Columbia Public Schools or the

Public Charter School Board.

3506 Non-Discrimination in the Delivery of Services

3506.1 All children who meet the age and residency requirements are eligible for

enrollment in a pre-k program without regard to race, color, religion,

nationality, gender, or disability.

3506.2 No pre-k program shall advance any religion during the six and one half (6½ ) hour pre-k day.

3507 pre-k LICENSING

3507.1 Except as otherwise provided in these rules, no person receiving public, local pre-k funding shall either directly or indirectly operate a pre-k program without first obtaining a license issued by the Office of the State Superintendent of Education (OSSE) which authorizes such operation.

3507.2 An applicant for a pre-k license shall provide sufficient documentation to demonstrate conformance with the HQ standards.

3507.3 A pre-k license shall be valid for not more than two (2) years from the date of issuance. A licensee must apply for a renewal as outlined in this chapter.

3507.4 A separate license shall be required for each pre-k program. When a pre-k

program is located in separate buildings on the same grounds or premises

and operated by only one (1) licensee, separate licenses for each building

shall not be required.

3507.5 Each license shall be issued only for the premises and person(s) or parent

entity(ies) named as applicants in the application, and shall not be valid

for use by any other person(s) or parent entity(ies), or at any place other

than that designated in the license.

3507.6 An application for a new pre-k license shall include at minimum:

(a) Identifying and demographic information regarding the current

educational facility where the proposed pre-k program shall be located;

(b) The expected benefit of the proposed pre-k program to children,

parents, and the community;

other programs in the area;

(d) Description of the ability of the new program to meet the HQ

standards; and

(e) The strategies that shall be employed to fully enroll the proposed

classroom with pre-k age children.

3508 pROVISIONAL LICENSE

3508.1 If an applicant does not meet all of the HQ standards, the program may

apply for, or OSSE may grant, a provisional license. In order to be eligible for a provisional license, the program shall provide the following information:

(a) Certification that the applicant meets the minimum standards set

forth in this chapter with regard to health and safety; the physical environment, facilities, and equipment. Proof of acceptable certification shall include:

(1) A current Child Care License from the OSSE;

(2) Certification from the Office of Early Childhood Education

in the Office of Teaching and Learning at DC Public Schools; or

(3) Certification from the Public Charter School Board and a

copy of the approved report, as required by the School Reform Act, that documents that the charter school’s facilities comply with the applicable health and safety laws and regulations of the federal government and the District of Columbia;

(b) A written request that provides justification for the provisional

license and includes a description of how the program shall provide high quality learning opportunities for children; and

completion date not later than September 1, 2014.

3508.2 A provisional license shall correspond in time to the current school year in

which it is granted and shall not exceed one school year. Additional provisional licenses shall only be granted upon demonstration of significant progress towards meeting all regulatory requirements. The total number of provisional licenses issued to a given program shall not exceed four consecutive school years, and shall not extend beyond September 1, 2014.

3508.3 A provisional license may be subject to review or an enforcement action

at any time in accordance with procedures set out in these rules.

3509 APPLICATION FOR AN INITIAL LICENSE

3509.1 Each application must be submitted with the appropriate fee(s), and shall

be submitted on a form approved by the State Superintendent at least ninety (90) days prior to the date of proposed initiation of operations, or as otherwise specified by the State Superintendent.

3510 VARIANCES

3510.1 The State Superintendent may grant a variance from compliance with one

(1) or more of the physical or structural requirements of these rules if the State Superintendent determines that compliance with the requirement(s) would result in exceptional or undue hardship and would not be likely to endanger the health or wellbeing of the children or other persons.

3510.2 A program may apply for a variance by submitting a written request to the

State Superintendent setting forth the following:

(a) The specific requirement(s) from which the program seeks relief;

(b) The exceptional or undue hardship that would result from

compliance with the requirement(s);

requirement(s); and

(d) The program’s proffer as to why granting the variance would not

jeopardize the health, safety, or welfare of any person and would be consistent with the intent of the pre-k Act and of these regulations.

3510.3 The State Superintendent shall respond to a request for a variance, in

writing, within thirty (30) days of receipt of the request.

A-3510.4 If a variance is granted, it shall be set forth in writing by the State Superintendent.

A-3510.5 Any approved variance shall be posted on the premises in the vicinity of the posted license.

3510.6 Noncompliance with the terms of a variance may invalidate the variance and may be the basis of additional enforcement action.

3511 LICENSE RENEWAL

3511.1 Application for renewal of a pre-k program shall be submitted on the official form issued by the OSSE, shall include the appropriate documentation and fee, and shall be submitted no later than ninety (90) days prior to the expiration date of the existing license.

3511.2 When a licensee submits a timely and complete application, the existing license shall remain in effect until the State Superintendent makes a determination whether the license shall be renewed.

3511.3 The State Superintendent shall issue a license renewal for a period not to exceed two (2) years when a program is in full compliance with the pre-k Act and with these rules.

3511.4 The State Superintendent shall issue the renewal license no later than ten (10) business days after the State Superintendent determines that substantial compliance has been achieved.

3512 ADULT TO CHILD RATIO AND GROUP SIZE

3512.1 Pre-k programs shall maintain an adult-to-child ratio of at least:

(a) One (1) adult to eight (8) children for children thirty (30) months through three (3) years of age; and

(b) At least one (1) adult to ten (10) children for children four (4) years of age and older, or as otherwise approved by OSSE.

3512.2 When children of different ages are combined in one group, the adult-to-child ratio for the youngest child in the group shall determine the required adult to child ratio.

3512.3 Exceptions to the adult to child ratio may be granted under the following conditions:

(a) The program is a licensed Montessori pre-k program that is duly accredited by American Montessori Society (AMS) and the Association Montessori Internationale (AMI) or otherwise approved by the State Superintendent. Such programs may:

(1) Exceed the adult to child ratio or group size requirement by no more than fifty percent (50%) of the ratios above; and

(2) When child of ages varying from two (2) years to five (5) years are grouped together in conformance with Montessori accreditation standards, the average age of all of the children in the age group shall be used to determine the group’s maximum size and appropriate adult to child ratio;

(b) The program submits a written request to OSSE for an exemption from the adult-to-child ratio. This request shall include at minimum the following information:

(1) A detailed description of the program model including evidence and history that demonstrate the effectiveness of the model;

(2) An explanation as to why an exception to the adult-to-child ratio is integral to the delivery of the program model; and

(3) An explanation and supporting evidence that the proposed adult to child ratio shall not jeopardize the basic health and safety of participating pre-k children.

3513 Minimum Class Size

3513.1 Pre-k programs must, to the best of their ability, establish and maintain full enrollment in all pre-k classrooms.

3513.2 Pre-k programs are required, unless otherwise approved by the State Superintendent, to maintain a minimum class size of sixteen (16) children for four (4) year old classrooms and fourteen (14) children for three (3) year old or mixed-age classrooms.

Age of Children in Classroom	Adult-to-child ratio	Maximum Class Size	Minimum Class Size
3 years old	1:8	16	14
Mixed 3 and 4 years old	1:8	16	14
4 years old	1:10	20	16

3514 CRIMINAL AND BACKGROUND HISTORY CHECKS

3514.1 The pre-k program shall conform to the following requirements related to criminal background checks for current staff and applicants for employment or volunteer service of the following requirements:

(a) Each staff member or applicant shall satisfactorily complete a criminal background check, consistent with District of Columbia law and in conformity with all applicable rules and any other applicable federal laws and shall complete a child protection register check through the District of Columbia Child and Family Services Agency, before he or she can be employed;

(b) Unless otherwise provided by law, the criminal background and child protection register checks must be completed or updated as appropriate within three (3) months prior to the date of employment;

(c) Unless otherwise provided by law, the staff member/applicant must provide to the program certified results of the criminal background and child protection register checks, or, at the program’s discretion, with all information that shall enable the program to promptly obtain the results of the criminal background and child protection register checks of the staff member/applicant, including each state in which the staff member/applicant has resided or worked, the staff member/applicant's social security number, and all names the staff member/applicant has used;

(d) The program shall ensure that background check reports provided by a staff member/applicant conform to generally accepted practices, such as background checks based upon fingerprint checks performed by the Federal Bureau of Investigation National Criminal Center; and

(e) The staff member/applicant has the right to obtain copies of the criminal background and child protection register check reports and to challenge the accuracy and completeness of the reports.

3514.2 (a) The program shall review the results of the background check and

child protection registers to determine the suitability of the individual. The information obtained from the criminal background check shall not create a disqualification or presumption against employment or volunteer status of an applicant unless the program determines that the applicant poses a present danger to children or youth. In making this determination, the program shall consider the following factors:

(1) The specific duties and responsibilities necessarily related to employment or volunteer duties;

(2) The bearing, if any, the criminal offense for which the

person was previously convicted shall have on his or her fitness or ability to perform one or more of such duties or responsibilities;

(3) The length of time that has elapsed since the occurrence of

the criminal offense;

(4) The age of the person at the time of the criminal offense;

(5) The frequency and seriousness of the criminal offense;

(6) Any information produced by the person, or produced on

his or her behalf, regarding his or her rehabilitation and good conduct since the occurrence of the criminal offense; and

(7) Any applicable public policy with regard to consideration of ex-offenders for employment.

(b) Notwithstanding paragraph (a) of this subsection, the program

shall not employ or permit to serve as a volunteer, an applicant who has been convicted of, has pleaded nolo contendere to, is on probation before judgment, or placed on a case on the stet docket because of, or has been found not guilty by reason of insanity for any sexual offenses involving a minor, child abuse or child neglect.

(c) If an application is denied because the applicant presents a present danger to children or youth, the program shall inform the applicant in writing and the applicant may appeal the denial to the agency that has jurisdiction to consider appeals under the Criminal Background Checks for the Protection of Children Act of 2004, (D.C. Law 15-353, D.C. Official Code §4-1501.01 et seq.) within thirty (30) days after the date of the program’s written statement.

(d) The program shall not employ an applicant or allow a volunteer to

work unsupervised at the program without direct staff supervision until satisfactory completion of the criminal background and child protection register checks.

3514.3 All records of criminal background checks and child protection register checks made available to the program shall be confidential. This information shall be maintained by the program, in a secured location with limited access, separate from other records.

3514.4 The program shall require the applicant to provide the names of and contact information for at least three (3) references, who shall be unrelated to the applicant. The program shall check at least three (3) references for each applicant, and shall ascertain that the applicant is suitable for employment in a position of close interaction with children, prior to employment of the applicant.

3514.5 The program shall maintain a record of the reference checks performed for each applicant. The record shall include either: a signed and dated letter of reference received by the program; or documentation of a reference check conducted by telephone, including the name of the program licensee, principal, director, or authorized staff person conducting the check, the name and telephone number of the reference, the date of the check, and written comments regarding the check.

3514.6 The program may enter into a conditional employment agreement to hire an applicant for a term of three (3) months, pending the outcome of the criminal background and child protection register checks; provided that the applicant shall be under direct supervision and shall submit to the program prior to employment a signed notarized statement affirming that he/she has:

(a) No conviction for any offense that would make him/her ineligible for employment under these regulations;

(b) No placement on a child protection register; and

(c) Three (3) references who shall confirm that the applicant is suitable for employment in a position requiring routine interaction with children.

3514.7 The program shall require an employee or volunteer to submit to periodic criminal background checks and child protection register checks while employed by or volunteering at a pre-k program subject to these regulations.

3515 PROHIBITED SUBSTANCES

3515.1 The program shall ensure that staff and volunteers shall not consume, or be under the influence of, alcohol, marijuana, or other controlled substances on the program premises at any time or at any place where children are present for whom the program staff is responsible.

3515.2 Smoking shall be prohibited on the program premises during the hours of operation.

3515.3 “No Smoking” signs shall be posted on the program premises.

3515.4 Smoking shall be prohibited in any vehicle used to transport children during the hours that the program is in operation or when there are children present for whom the program staff is responsible.

3516 FIRST AID AND CARDIOPULMONARY RESUSCITATION (CPR)

3516.1 Each program shall have at all times on the premises and readily available to administer aid, at least two (2) designated staff members who:

(a) Have satisfactorily completed courses, approved by the State Superintendent, and when applicable, possess current certification in:

(1) First Aid and CPR for children; and

(2) The prevention, recognition, and management of communicable diseases.

3516.2 Each program shall obtain and maintain, on premises, a sufficient quantity of first aid supplies to meet the program’s reasonably expected needs based on the size of the program, the ages and developmental abilities of the children, and the program’s daily routine.

3516.3 The program shall maintain these first aid supplies in a designated location that is readily available to staff and inaccessible to the children.

3516.4 Each program shall maintain on site the following items among its first aid supplies:

(a) Non-allergenic adhesive tape; gauze roller bandage; individually wrapped sterile gauze squares in assorted sizes, adhesive (e.g., band-aid) compresses in assorted sizes;

(b) Clean cotton towels or sheeting pieces, cotton balls;

(d) Working flashlight;

(e) Thermometer, measuring tablespoon or dosing spoon;

(f) Powdered milk for dental first aid (for mixing to make a liquid solution);

(g) Ice pack or gel pack;

(h) Rubbing alcohol and alcohol swabs, liquid sanitizer, sanitary soap;

(i) Disposable, nonabsorbent gloves, all items needed for disposal of blood-borne pathogens;

(j) Age appropriate one-way valves (CPR face shields);

(k) A current First Aid text published by the American Academy of Pediatrics or the American Red Cross, or an equivalent community First Aid guide; and

(l) Telephone number(s) of the local poison control center.

3516.5 The program shall inspect, take inventory and replenish its first-aid supplies at least weekly, and shall:

(a) Remove and replace sterile supplies if the package has been opened or damaged, or if the expiration date on the package has been reached; and

(b) Replace all supplies as they are used or damaged.

3516.6 Each program shall maintain at least one first aid kit to remain on site and one portable first aid kit, each containing the supplies specified in this chapter.

3516.7 Each program shall ensure that a portable first aid kit is taken along by program staff on each outing or trip, and when children under the care and supervision of the program are being transported.

3516.8 The program shall ensure that at least one person currently certified in First Aid and CPR for children is present whenever one (1) or more children are taken on an outing or otherwise transported away from the program.

3517 EMERGENCY PREPAREDNESS

3517.1 Each program shall develop a written “Emergency Preparedness and Response Plan” to be kept onsite for parents to review. Each program will ensure that every member of the staff is familiar with and trained to implement the plan as appropriate, including emergency preparedness, response, evacuation, sheltering in place, parent reunification and post disaster recovery.

3517.2 Each program shall develop written emergency contingency plans and procedures to be followed in case of fire, natural or man-made disaster, loss of power, heat or water service, unsafe indoor temperatures, and any other dangerous environmental condition.

3517.3 Emergency contingency plans shall include procedures for evacuation as well as for sheltering in place and parent reunification as deemed appropriate or as directed by authorized government officials.

3517.4 Each program shall develop and implement specific procedures for the safe and prompt evacuation of non-ambulatory children.

3517.5 Each program shall provide, in each program building, at least one working, non-pay, stationary telephone accessible to staff.

3517.6 Each program shall register with alertdc.gov for immediate notification of impending emergencies or disasters.

3517.7 Each program shall establish and maintain a three day supply of water, staple food, and supplies for each child.

3517.8 Each program shall conduct practice evacuation drills, in accordance with guidelines and regulations adopted by the Department of Fire and Emergency Medical Services. The drills shall include all groups of children and all program staff, and shall be conducted at least every two (2) months, at varying times during the program day. The program shall document the date, time and duration of each such evacuation drill, the number of children and staff participating, and the weather conditions.

3518 ADMINISTRATION OF MEDICATION

3518.1 No pre-k program may provide medicine or treatment, with the exception of emergency first aid, to any child, unless the program has obtained a written medical order or prescription from the child’s licensed health care practitioner and written consent from the child’s parent(s).

3518.2 The pre-k program shall ensure that each medication ordered or prescribed is maintained by the program in its original container, and clearly labeled with the name of the child for whom it has been ordered or prescribed, the name of the medicine, the dosage, the method of administration, and the name and telephone number of the child’s licensed health care practitioner.

3518.3 The pre-k program may not administer any medication for any period beyond the date indicated on the medical order or prescription.

3518.4 The pre-k program shall maintain a medication log on which the program shall record the date, time of day, medication, medication dosage, method of administration, and the name of the person administering the medication, each time any medication is administered to a child.

3518.5 The pre-k program shall maintain all records pertaining to the administration of each medication to each child on file for a period of at least three (3) years after the administration of said medication, including the written instructions and authorization of the licensed health care practitioner, the written instructions and authorization of the parent(s), and the medication log entries completed by the program. The program shall make these records available for review by the State Superintendent upon request.

3518.6 The pre-k program shall ensure that each medication requiring refrigeration is maintained at a temperature between thirty-five and forty degrees Fahrenheit (35º F - 40º F), and that all refrigerated medications are kept in a separate storage container within the program’s refrigerator so as to prevent potential cross-contamination with foods.

3518.7 For each child for whom medication is administered at the program, the program shall obtain from the parent(s) of the child, in writing, each day, a statement indicating when the last dose was administered prior to the child’s arrival at the program, and the program shall add this information to the medication log.

3518.8 In case of an emergency involving actual or potential poisoning, the program may administer emergency treatment without previous written instruction, as directed by an authorized poison control center.

3518.9 The program may administer nonprescription topical ointments, including sun block, petroleum jelly, and diaper ointment, to a child, upon obtaining the permission of the child’s parent(s).

3518.10 The program shall maintain each nonprescription topical ointment in its original container, and shall administer each such ointment in accordance with the manufacturer’s instructions.

3519 EXCLUDING AND READMITTING CHILDREN WHO ARE ILL

3519.1 The program staff shall observe each child for the presence of symptoms that may indicate a condition requiring medical attention, exclusion from the program, isolation from other children, and/or consultation with the child’s parent(s) or licensed health care practitioner(s). The following are examples of such medical conditions:

(a) Fever;

(b) Lethargy or inability to walk;

(d) Retractions in the chest; excessive nasal flaring; audible persistent wheezing; persistent coughing, either productive or nonproductive; severe coughing causing redness or blueness in the face; or difficulty in breathing;

(e) Abdominal and urinary system problems including: intestinal parasites, dark urine, white spots in the stool, increased urgency or frequency of urination, or no urination for an entire day;

(f) Cardiac problems, including: choking, change in color of the skin, chest pain, or persistent sweating;

(g) Ear problems, including discharge from the ear and/or ear pain;

(h) Throat and mouth problems, including: sores on the lips or in the mouth, white patches in the mouth, throat pain, or a dental problem that needs immediate attention; and

(i) Injuries, including: persistent bleeding, oozing wounds, apparent fracture, complaint of persistent bone pain or stiffness, or difficulty with the movement of any extremity.

3519.2 A child who exhibits one or more symptoms of illness identified above, and who has been treated for said symptom(s) by a licensed health care practitioner, may be readmitted only with written permission, and written instructions for continuing care if needed, from that licensed health care practitioner.

3519.3 If a child exhibits mild symptoms of illness or discomfort, the program staff in consultation with the child’s parent(s), shall decide whether the child should be immediately discharged or discharged at the end of the day.

3519.4 A child shall be excluded from the program while exhibiting symptoms of illness including without limitation the following:

(a) Diarrhea, that is, runny, watery, or bloody stool;

(b) Vomiting two (2) or more times in a twenty-four (24) hour period;

(d) Sore throat with fever or swollen glands;

(e) Eye drainage with thick mucus or pus draining from the eye, for example, pink eye, colored drainage, eye pain, redness, or yellowness of the eye;

(f) Abnormal discoloration of the skin;

(g) Fever accompanied by rash, vomiting, diarrhea, earache, irritability or confusion;

(h) Continuous irritable crying that requires more attention than the program can provide without compromising the health and safety of other children; or

(i) Any other symptom indicative of a reportable communicable disease, as such is defined in chapter 2 of Title 22 of the District of Columbia Municipal Regulations or in any superseding document.

3519.5 The pre-k program shall take the following actions under the following circumstances:

(a) A child who exhibits one or more symptoms of illness identified in this chapter shall not attend the program;

(b) When the program staff observes one or more symptoms of illness identified in this chapter, the child’s parent(s) shall be notified immediately. The program shall require that the parent(s) remove the child from the program;

(c) The program shall isolate a child who becomes ill or is suspected of being ill. The child shall remain within sight and hearing of a staff member; and

(d) The program staff shall ensure that a child who is ill or suspected of being ill does not share any personal hygiene or grooming items.

3520 FOOD AND NUTRITION REQUIREMENTS

3520.1 Each pre-k program shall implement planned daily menus, and assure that all food served by the program is varied and comports with nutritional standards suitable to the ages and developmental levels of the children. Meals served must meet the nutritional standards established by the United States Department of Agriculture (USDA).

3520.2 Each pre-k program shall have at least one staff member present at all times when meals are being prepared or served who is certified as a Food Protection Manager in accordance with the District of Columbia Food Code, set forth in Title 25 of the District of Columbia Municipal Regulations. In order to qualify under this section, the staff member must have a valid and current certification, including photographic identification.

3520.3 Each pre-k program shall ensure that food is protected and stored as required by the District of Columbia Food Code, set forth in Title 25 of the District of Columbia Municipal Regulations.

3520.4 Each pre-k program shall request, and shall obtain if applicable, all relevant information regarding dietary restrictions and food allergies for each child, upon the child’s admission to the program, and the program shall record this information in the child’s file.

3520.5 At least annually, the pre-k program shall request, and shall obtain if applicable, updated information regarding each child’s dietary restrictions and food allergies.

3520.6 Each pre-k program shall ensure that all staff responsible for food preparation and distribution is immediately informed, verbally and in writing, of any dietary restrictions, food allergies, or other special dietary requirements that concern any children in the program.

3520.7 If a pre-k program serves food provided by the parent(s) of the children, the program shall establish and implement written policies and procedures to be followed if the food provided by the parent(s) does not meet the requirements specified in this section.

3520.8 The pre-k program shall ensure that powdered milk or reconstituted evaporated milk is not served as a substitute for fluid milk for drinking. Powdered milk or reconstituted evaporated milk may be used for cooking.

3520.9 The pre-k program shall ensure that staff responsibilities concerning food preparation and service do not reduce the adult-to-child ratios for staff actively supervising children below the levels specified in these regulations or interfere with the implementation of the program of activities.

3520.10 The pre-k program shall ensure that no person is involved in food preparation or service, or otherwise works in the food preparation and/or service area, if that person shows signs or symptoms of illness, including vomiting, diarrhea, or uncovered infectious skin sores, or if that person is actually or likely infected with any bacterium or virus that can be carried in food.

3520.11 The pre-k program shall serve a special therapeutic diet to a child only upon the written instructions of the child’s licensed health care practitioner and written parental approval.

3520.12 The pre-k program shall assure that each child uses at each meal or snack clean and sanitary individual eating and drinking utensils as appropriate including, but not limited to, a fork, spoon, plate, and cup.

3521 MENUS, MEALS, AND SERVICE

3521.1 Each pre-k program shall plan and post menus for all foods served, including snacks, and shall modify the menus as necessary to reflect foods actually served.

3521.2 The pre-k program shall maintain the menus on file at the program premises for at least six (6) months.

3521.3 Each pre-k program shall ensure that appropriately timed meals and snacks, which meet the nutritional requirements of the child, are served to each child at least every four (4) to six (6) hours, with each child receiving at least one (1) meal and one snack.

3522 HAND WASHING PRACTICES

3522.1 Each pre-k program shall establish and implement a written policy regarding hand washing that addresses the following instructions:

(a) Circumstances requiring hand washing for staff and for children;

(b) Specific hand washing procedures;

sanitary liquid pump soap and single use towels or an air hand dryer; and

(d) Hand towels shall be restricted from use for washing or drying eating utensils, drinking glasses and cups, including baby bottles.

3522.2 Each program shall ensure that all staff, at a minimum, wash hands at the following times:

(a) Before eating, drinking, or handling food;

(b) Before handling clean utensils or equipment;

(d) After personal toileting;

(e) After contact with body secretions, e.g., blood, urine, stool, mucus, saliva, or drainage from wounds;

(f) After handling soiled diapers, clothes, equipment, menstrual pads, or tampons;

(g) After removing disposable gloves; and

(h) After caring for a sick child.

3522.3 Each pre-k program shall ensure that each child washes his or her hands:

(a) Before eating;

(b) Before participating in food-related activities; and

3523 HANDLING DIAPERS AND TRAINING PANTS

3523.1 Staff shall check children for signs that diapers or pull-ups are wet or contain feces at least every two (2) hours when children are awake and immediately after the child has awakened.

3523.2 A program shall not use cloth diapers for any child unless it has obtained a written statement, with supporting documentation, from the child’s parent(s) that cloth diapers are required by the special medical circumstances of that child or in an emergency situation, as specified below.

3523.3 Each program shall locate its diaper-changing area so that it is in close proximity to a source of running water and sanitary soap, and so that it is not in or near the program’s kitchen and eating areas.

3523.4 The designated diaper-changing area shall be in close proximity to a properly maintained source of potable hot and cold running water as approved by an authorized government agency.

3523.5 The program shall provide one or more diaper-changing areas, with all changing surfaces made of non-porous material.

3523.6 The program shall ensure that, for each diaper-changing area, the diaper-changing surface is cleaned and sanitized with a bleach solution or other appropriate germicide after each diaper change.

3523.7 The program shall ensure that the bleach solution or germicide used for cleaning and sanitizing the diaper-changing surface is kept inaccessible to children at all times.

3523.8 Each program shall store soiled diapers and training pants in designated and labeled containers, separate from all other waste, including soiled clothes and linens.

3523.9 The program shall provide a washable, plastic lined, tightly covered receptacle, which can be operated by a foot pedal, within arm’s reach of each diaper changing table, for the disposal of soiled diapers.

3523.10 The program shall provide an area for the storage of clean diapers and training pants which is clean and designated exclusively for that use, with the exception that the clean diaper and training pants storage area and the storage area for children’s clean clothes may be combined.

3523.11 The program shall store and/or dispose of soiled diapers, diapering materials and training pants as follows:

(a) Cloth diapers, training pants, or clothing that are soiled with fecal matter and are to be sent home with a child shall be rinsed at the program at a location where food preparation does not occur, or shall be placed directly into a plastic container that is sealed tightly, and shall be stored away from the rest of the child’s belongings and out of reach of all children, until sent home with the child at the end of the day;

(b) Cloth diapers, training pants, or clothing that are soiled with fecal matter and are to be laundered by the program shall be placed in a non-porous covered container, containing an appropriate germicidal solution, until laundered;

(c) Cloth diapers, training pants, or clothing that are soiled with fecal matter and are to be either laundered by the program or sent home with a child for laundering may be held for laundering no longer than one day;

(d) Soiled disposable diapers and training pants shall be placed in a designated, plastic-lined covered container that shall be emptied, cleaned, and sanitized with an appropriate germicidal agent at least daily;

(e) Soiled disposable diapers and training pants shall be discarded at least daily;

(f) The program shall ensure that only disposable diapering materials, including wipes and changing pads, are used, except as provided further herein, and that each such disposable item is discarded, after one use, in the container used for the discard of soiled disposable diapers described in subsection 3523.11(d) above;

(g) In the case of emergency, or if special medical circumstances are documented in accordance with this section, a program may use washable cloth diapering materials. If cloth materials are used, the program shall ensure that each such material is used only once and then stored in the manner required for cloth diapers described in this section; and

(h) The program shall ensure that all staff wear disposable gloves when changing diapers and training pants or when assisting children to remove soiled clothing, and that a new pair of gloves is worn for the diapering of or assistance with each successive child.

3524 SANITATION OF TOYS

3524.1 The program shall ensure that all toys are routinely sanitized, on at least a weekly basis, using appropriate cleaning materials.

3524.2 The program shall ensure that any toy that is mouthed is promptly removed from the play area, sanitized with an appropriate germicide, and air dried, before it is returned to the play area.

3524.3 The program shall ensure that any toy that becomes soiled with blood, stool, urine or vomit is immediately removed, sanitized with an appropriate germicide, or discarded.

3525 SWIMMING AND WATER SAFETY

3525.1 Before a child may be permitted to swim or otherwise participate in any activity taking place in water two (2) or more feet in depth, the program shall obtain written permission from the child’s parent(s). The written permission shall be signed and dated, and shall include the following:

(a) The child’s name;

(b) A statement indicating whether the child is a swimmer or a non-swimmer; and

3525.2 If the pre-k program facility contains a swimming pool or other bodies of water two (2) or more feet in depth, the program shall enclose the pools or bodies of water behind a secure fence of at least four (4) feet in height, and shall ensure that the area containing the pools or bodies of water is inaccessible to children at all times unless qualified adults are present and supervising the children.

3525.3 If a pre-k program utilizes one (1) or more wading pools, the program shall ensure that such pools are filtered, emptied, and drained daily, and that such pools are stored in a location that is not accessible to children.

3525.4 If a pre-k program field trip goes to a water site, such as a public or private swimming pool, lake, pond or river, program staff shall accompany and supervise the children at all times, even when a lifeguard is present.

3525.5 The pre-k program shall ensure that any water site utilized by the program that is at a location other than within the program premises is approved and supervised by the appropriate local authorities.

3525.6 At least one adult from the pre-k program certified in emergency water safety, First Aid and CPR for children shall be in attendance at all times when children are at a water site.

3525.7 The pre-k program shall ensure that all activities of children taking place in water two (2) or more feet in depth are supervised by at least one adult currently certified as a lifeguard or water safety instructor by the American Red Cross or by an equivalent water safety instruction and testing program.

3525.8 In addition to the requirements contained in this section, the program shall comply with the adult to child ratios and requirements for supervision of children contained in this chapter.

3526 PETS AND ANIMALS

3526.1 In the event that a pre-k program permits animals on the premises, the program shall:

(a) Adhere to all local ordinances governing the keeping and maintenance of animals;

(b) Advise parents of the presence of animals;

(c) Ensure that all pets or animals permitted on the premises are in good health, show no evidence of carrying disease, are friendly toward children, and do not present a threat to the health, safety and well-being of children;

(d) Maintain all animals or pets in a visibly clean manner;

(e) Isolate any pet or animal showing evidence of disease, e.g., diarrhea, skin infection, severe loss of appetite, weight loss, lethargy or any unusual behavior or symptoms. The program shall ensure that any animal suspected of being ill is promptly examined by a licensed veterinarian;

(f) Maintain, on the program premises, proof of current compliance with all applicable vaccination requirements;

(g) Prohibit the presence of any animal or pet whose species is a common carrier of rabies, without specific proof that the animal has been vaccinated against that disease;

(h) Ensure that all pet reptiles shall be kept inaccessible to children;

(i) Ensure that no animal, animal litter box, animal pen or cage is permitted in any area where food is stored, prepared, or served; and

(j) In the event that an animal bites a child and the child’s skin is broken, the program shall immediately notify the child’s parent(s) and the State Superintendent, and shall report it as an unusual incident pursuant to section A-3584.

3527 CERTIFICATE OF OCCUPANCY PERMIT

3527.1 Each pre-k program shall secure and maintain a current Certificate of Occupancy Permit for the premises, or equivalent proof that the premises comply with all applicable federal and District of Columbia fire, safety, building, and zoning regulations and codes to ensure that the premises are fit and suitable for the operation of a pre-k program.

3528 APPROVAL FOR FIRE SAFETY

3528.1 Each pre-k program shall obtain and maintain a current certification that the premises conform to all applicable fire safety and related codes, from the Department of Fire and Emergency Medical Services or from the Department of Consumer and Regulatory Affairs.

3529 INDOOR PROGRAM SPACE

3529.1 Each pre-k program shall maintain a minimum of thirty-five (35) square feet of program space per child at all times.

3529.2 The program shall ensure that space is arranged so that children may work individually, together in small groups, and in a large group. Space shall be arranged to provide clear pathways for children to move from one area to another.

3529.3 The program space that children use shall be heated, cooled, and ventilated to maintain the required temperatures, and air exchange to avoid accumulation of odors and fumes. The temperature within each room of program space shall be maintained at between sixty-eight degrees Fahrenheit (68°F) and seventy-five degrees Fahrenheit (75°F) from October through March, and between sixty-eight degrees Fahrenheit (68°F) and eighty-two degrees Fahrenheit (82°F) from April through September.

3529.4 Each program shall provide a separate room, or a separate designated area within a room, for the temporary or ongoing care of a child who needs to be separated from the group due to injury or illness. This room or area shall be located so that any child placed within it is within sight and hearing of the program staff at all times, and so that toilet and lavatory facilities are readily accessible. This room or area may be used for other purposes when not needed for such separation of a child.

3530 GENERAL FURNISHINGS, EQUIPMENT, AND SUPPLIES

3530.1 Each pre-k program shall provide a variety and sufficient quantities of materials, equipment and supplies for indoor and outdoor activities that are safe, durable, and kept in good condition, consistent with the numbers, ages and needs of the children in the program.

3530.2 Each program shall have available sufficient equipment to transport any non-ambulatory children.

3530.3 The program shall ensure that there are sufficient quantities of materials and equipment to:

(a) Avoid excessive competition among the children and long waits for use of the materials and equipment; and

(b) Provide for a variety of experiences and appeal to the individual interests of the children.

3530.4 The program shall ensure that materials provided are culturally sensitive, culturally relevant and designed to promote:

(a) Social development;

(b) Communication skills;

(d) Large and small muscle development;

(e) Creative expression; and

(f) Cognitive development.

3531 GENERAL SAFETY AND MAINTENANCE

3531.1 All playthings, equipment, materials, and furnishings provided by a program for use by children shall meet the standards of the U.S. Consumer Product Safety Commission and the American Society for Testing and Materials, and shall:

(a) Be sturdy enough that they will not splinter;

(b) Not have sharp points or rough edges;

(d) Be easily washable;

(e) Be maintained clean, in good repair; and

(f) Comply with federal standards regarding small toys and objects for use by children.

3531.2 The program shall remove, repair, or discard all furniture, equipment, and materials that are not usable due to breakage, hazardous or unsanitary conditions.

3531.3 All play equipment shall be constructed and installed to ensure its safe use by all children (for example, the equipment shall not be a potential source of entrapment). There shall be no pinch, crush, or shear points on or underneath such equipment that may be accessible by children.

3531.4 Projectile toys shall be prohibited.

3531.5 Tricycles and other riding toys provided by a program shall be steerable, appropriate for the ages and sizes of the children, and shall not contain spokes.

3531.6 The program shall maintain tricycles and other riding toys in good condition, free of sharp edges or protrusions that may injure children. When not in use, such toys shall be stored in a place where they will not present physical obstacles to the children and staff.

3531.7 The program shall use only non-toxic arts and crafts materials.

3531.8 Electrical outlets which are not in use and are within the reach of children shall be fitted with appropriate child-proof protective receptacle closures that meet the Underwriters Laboratories, Inc., standard for Safety of Receptacle Closures (UL 2255).

3531.9 The program shall not use space heaters unless it has received explicit approval in writing from an official of the Department of Consumer and Regulatory Affairs and/or the Department of Fire and Emergency Medical Services.

3531.10 The program shall ensure that no firearms or other weapons are on the program premises, with the exception of those in the possession and control of armed security guards authorized to protect the program premises.

3531.11 The program shall maintain adequate storage space for food; play and teaching equipment; supplies; educational and business records; staff and children’s possessions and clothing.

3531.12 The program shall ensure that all toys and other objects or surfaces that are likely to be mouthed by children are sanitized daily at the end of the school day with a bacterial disinfectant solution.

3531.13 All cleaning and sanitizing supplies, toxic substances, paint, poisons, aerosol containers, and other items bearing warning labels shall be safely stored by the program and shall not be accessible to the children at any time.

3531.14 The program shall ensure that all maintenance equipment, appliances, sharp utensils, and other dangerous devices are not accessible to children at any time. To the extent that any firearm or other weapon may be lawfully permitted on the program premises, the program shall ensure that any such weapon is not accessible to children at any time.

3531.15 The program shall keep protective coverings on all electrical fans, and shall ensure that fans are stable and will not easily topple or tip over. The program shall ensure that fans are kept out of reach of the children at all times.

3531.16 The program shall ensure that all areas accessible and determined to be hazardous or unsafe including without limitation stairwells, steep grades, cliffs, open pits, swimming pools, high voltage boosters, propane gas tanks, streets, roads, driveways, or parking lots, are appropriately fenced off or have natural barriers to prevent a child’s access.

3532 GENERAL PHYSICAL ENVIRONMENT AND SANITATION REQUIREMENTS

3532.1 The program shall conform to the extent practicable to the National Health and Safety Performance Standards, to assure well being and safety of children, and cleanliness and sanitary conditions at the program.

3532.2 The program shall take measures to control insects, rodents and other pests to comport with best practices and to prevent harborage, breeding and infestation on the premises.

3532.3 The program space and common areas shall be properly ventilated and include at least one (1) operable window, or mechanical ventilation such as fans or air conditioning.

3532.4 If freestanding fans are used, the fans shall be placed in a stable location, have a stable base, and be equipped with a protective guard.

3532.5 Windows, including windows in doors, when utilized for ventilation purposes shall be securely screened and prevent the entry of insects.

3532.6 The program shall maintain on file a record documenting the use of extermination services and materials used on the premises.

3532.7 Windows accessible to children under five (5) years of age, that are above ground level of the building shall be adjusted to limit the opening to less than six (6) inches or protected with guards that do not block natural lighting.

3532.8 Facilities with glass sliding patio doors shall place decals at the eye level of the children in the program.

3532.9 The program shall ensure that there is sufficient natural and artificial light to allow for the supervision of the children and provide illumination of at least thirty (30) standard foot candles (with one standard foot candle measurement equivalent to one (1) lumen per square foot) at floor level in children occupied program areas.

3532.10 Light bulbs shall be shatter proof or shielded to prevent product contamination, and injuries due to breakage.

3532.11 The program’s water supply shall comply with all applicable federal and local government requirements.

3532.12 The water supply shall be maintained with hot and cold running water under pressure. Hot running water shall be maintained between 35 degrees Fahrenheit (35°F) to 120 degrees Fahrenheit (120°F).

3532.13 The program shall be free of moisture resulting from water leakage or seepage.

3532.14 The program shall assure that all floors, walls, and ceilings shall be in good repair, and easy to clean when soiled. Only smooth, non-porous surfaces shall be permitted in areas that are likely to be contaminated by body fluids or in areas used for activities including food preparation, handling, consumption, diaper change areas, and toilet rooms.

3532.15 Floors shall be free from cracks, bare concrete, dampness, splinters, sliding rugs, and uncovered telephone jacks or electrical outlets. Carpeting shall be clean, in good repair, nonflammable, and nontoxic.

3533 TOILETS AND SINKS

3533.1 Each pre-k program shall provide at least one (1) flush toilet and one (1) sink for every ten (10) occupants of the program, including staff.

3533.2 Urinals may be substituted for flush toilets in programs in a ratio of two (2) urinals to (1) flush toilet, provided that at least two-thirds (2/3) of the required number of flush toilets are maintained.

3533.3 Each program shall provide bathroom facilities for use by adults separately from those for use by children.

3533.4 If any toilet or sink in a pre-k program is too high to be used by one or more children without assistance, the program shall provide a stable block or step stool for the child or children's use.

3533.5 Each program shall provide toilet training chairs and/or seats, at the discretion of the program, for use by any child or children who require them. Training chairs shall be emptied promptly and sanitized after each use.

3533.6 Each program shall provide sanitary liquid pump soap and single-use paper towels in each bathroom.

3534 GENERAL OUTDOOR SPACE, EQUIPMENT, AND SAFETY

3534.1 Each pre-k program shall provide suitable space for outdoor play. This play space shall be in an enclosed yard on the program premises, in a nearby park or playground, or in a rooftop play space that meets the requirements of these regulations.

3534.2 The program shall maintain a clean outdoor play space that is free of standing water, litter, broken glass, wooden splinters, and free of conditions that are, or might be, hazardous to the health and/or safety of children.

3534.3 Each program shall provide a minimum of sixty square feet (60 ft²) of outdoor play space per child, based on the maximum number of children scheduled to play outdoors at any one time.

3534.4 All outdoor play spaces shall comply with the requirements of the District of Columbia Building Code and with the program’s Certificate of Occupancy.

3534.5 The program shall comply with the adult to child ratios listed in this chapter at all times including without limitation when children are going to, using, or leaving the outdoor play space.

3534.6 The program shall ensure that the outdoor play space is supervised by staff in sufficient quantity and appropriate placement to ensure that all children are within sight and hearing of at least one staff member at all times.

3534.7 The program shall ensure that staff, while supervising a group of children in the outdoor play space, are able to summon another staff member if the need arises, without leaving the children unsupervised at any time.

3534.8 All outdoor walkways shall be maintained free from debris, leaves, ice, snow, and obstructions that may present any hazardous condition.

3535 SAFETY REQUIREMENTS FOR OUTDOOR PLAY SPACE AND EQUIPMENT IN ENCLOSED YARDS ON PROGRAM PREMISES

3535.1 Each program utilizing an outdoor play space on the program premises shall enclose the outdoor play space with a fence or natural barrier, which shall be at least four (4) feet high, with a space no larger than three and one-half (3½) inches between its bottom edge and the ground, and designed to discourage climbing.

3535.2 The program shall provide at least two (2) exits from each outdoor play space; at least one of these exits shall be physically apart from the program building(s).

3535.3 The program shall ensure that all outdoor gates have positive self-latching closure mechanisms that shall be at least four and one-half (4½) feet off the ground and/or constructed in a manner so that they cannot be opened by a pre-k age child.

3535.4 The program shall ensure that the design, construction and installation of all outdoor play equipment is consistent with the guidelines published by the U.S. Consumer Product Safety Commission in its “Handbook for Public Playground Safety” and with the standards established by the American Society for Testing and Materials.

3535.5 The program shall conduct a daily inspection of each outdoor play space. The inspection shall include, at a minimum, an inspection of the space itself, and of each piece of equipment, for obvious hazards, and the removal of all trash, debris, broken glass and other foreign or hazardous materials.

3535.6 The program shall ensure that all surface areas beneath and in the fall zones of climbing equipment, slides, swings, and similar equipment are covered in resilient material that is designed to reduce the impact of a child’s fall.

3535.7 The program shall ensure that all outdoor equipment is securely anchored and installed so as to prevent tipping or collapsing.

3535.8 The program shall ensure that all outdoor play equipment is free of pinch, crush or shear points on all surfaces that are or may be accessible to children.

3535.9 The program shall provide only swing seats constructed of durable, lightweight, relatively pliable material.

3535.10 The program shall not provide trampolines, with the exception of small trampolines that have jumping surfaces no higher than twelve (12) inches off the ground. If a program chooses to provide such trampolines, the program shall ensure that all trampoline play is closely supervised and that children do not have unsupervised access to any trampoline.

3535.11 The program shall maintain all outdoor sandboxes and play areas containing sand in a safe and sanitary condition, free of any form of debris.

3535.12 In addition to the daily inspections conducted by the program, designated program staff shall thoroughly inspect each piece of playground equipment, at least monthly, for the following hazards:

(a) Visible cracking, bending, warping, rusting or breaking;

(b) Deformation of open hooks, shackles, rings, links, and the like;

(d) Missing, damaged or loose swing seats;

(e) Broken supports or anchors;

(f) Exposed, cracked or loose cement support footings;

(g) Exposed tubing ends that require plugs or cap covers;

(h) Accessible sharp edges or points;

(i) Protruding bolt ends that require caps or covers;

(j) Loose bolts, nuts or screws that require tightening;

(k) Splintered, cracked or otherwise deteriorating wood;

(l) Moving parts in need of lubrication;

(m) Worn bearings or other worn mechanical parts;

(n) Broken or missing rails, steps, rungs or seats;

(o) Worn or scattered surfacing materials;

(p) Exposed hard surfaces, especially under swings and slides;

(q) Chipped and/or peeling paint;

(r) Pinch or crush points; and

(s) Exposed mechanisms, junctures, and moving components.

3535.13 The program shall record each monthly inspection of playground equipment and shall keep these records, including any required documentation of maintenance or servicing, for a minimum of three (3) years and shall present them to the State Superintendent or designee upon request.

3535.14 If any hazard listed in this section is noted or observed, the program shall immediately correct the hazardous condition or shall remove the piece of equipment from use until it is corrected.

3535.15 The program shall ensure that no lawn mowers, hedge clippers, shears and other similar items are used or stored unlocked in any outdoor play space when children are present.

3536 SAFETY REQUIREMENTS FOR A ROOFTOP PLAY SPACE

3536.1 If a program chooses to utilize a rooftop play space, the program shall enclose the rooftop play space with a sturdy fence at least six feet (6′) high designed to inhibit and discourage climbing.

3536.2 The program shall provide a fire escape, which leads from the rooftop play space to an open space at the ground level of the program premises, and for which the program has received written approval from the Department of Consumer and Regulatory Affairs or the Department of Fire and Emergency Medical Services (FEMS).

3536.3 Before a program may utilize a rooftop play space, the program shall obtain written certification from a licensed structural engineer that the additional load presented by the children, staff, and play equipment on the roof is within the load capacity of the building structure.

3536.4 Before a program may utilize a rooftop play space, the program shall obtain written certification from a licensed industrial or civil engineer of the safety of the fence, and shall submit this certification to the State Superintendent.

3536.5 Each program utilizing a rooftop play space shall, at least annually:

(a) Obtain an annual inspection of the fence around the play space by a licensed industrial or civil engineer;

(b) Obtain a written certification from the inspecting engineer of the safety of the fence;

(d) Schedule and pass an annual safety inspection of the space by the

Department of Fire and Emergency Medical Services; and

(e) Post a copy of each current certification and/or safety report next

to the program’s license, in a conspicuous location on the program premises.

3537 FIELD TRIPS

3537.1 Programs shall notify parents in advance of a child’s participation in any field trip. The notice shall include the name and address of the trip destination, the date of the trip, time of departure, and estimated return time.

3537.2 The program shall require and obtain, in advance of the child’s participation, written permission from parents in any field trip and such permission must be signed and dated by the child’s parent(s).

3537.3 Regular adult to child ratios must be maintained on a trip and an additional employee or volunteer who is at least sixteen (18) years of age shall be available to assist in the supervision of each group of twenty-five (25) children. If the field trip involves transporting children, the program must ensure it complies with the staffing requirements for transporting children.

3537.4 A list of children and adults participating in the field trip shall be left at the program facility as well as taken on the field trip in possession of the adult in charge of the trip.

3537.5 Emergency medical information on each child will be taken on the field trip, including without limitation:

(a) Allergies;

(b) Special medical needs and conditions;

(d) The name and phone number of the child’s doctor;

(e) The contact information of the local medical facility; and

(f) The telephone numbers where the parents can be reached (this information will be kept at the program and taken on the trip in the possession of the adult in charge).

3537.6 Each child on the field trip shall have attached to their clothing, his/her name, the

program’s name, address, and telephone number.

3538 TRANSPORTATION REQUIREMENTS

3538.1 Each program that owns, operates, or maintains one or more motor vehicles used for transporting children shall comply with all applicable federal and District of Columbia laws and regulations governing the maintenance and operation of motor vehicles and the transportation of children.

3538.2 Each program that enters into a contract with another entity for the provision of transportation services shall obtain a signed attestation from the entity that the transportation service complies with the requirements of this section and with all other applicable laws and regulations pertaining to the provision of transportation services.

3538.3 Each program shall establish and implement policies and procedures intended to ensure the safe transportation of children, including policies and procedures for the training and monitoring of all staff responsible for the transportation of children.

3538.4 The program’s transportation policies and procedures shall address alternative transportation means to be employed if the program’s primary vehicle breaks down or is otherwise unavailable for use.

3538.5 Before any child may be transported while under the care of the program, the program shall obtain written and signed permission from the child’s parent(s).

3538.6 Each program that owns, operates, or maintains one or more motor vehicles used for transporting children shall label each such vehicle with the name and phone number of the program.

3538.7 Each program that owns, operates, or maintains one or more motor vehicles used for transporting children shall maintain proof of current motor vehicle insurance coverage for each such vehicle, both on the program premises and inside the vehicle.

3538.8 Each program that rents, owns, operates or maintains one or more motor vehicles used for transporting children shall ensure that only licensed drivers who are covered by the program’s insurance policy operate any such vehicle when transporting children.

3538.9 Each program shall immediately notify the State Superintendent of any traffic accident involving children being transported while under the care of the program. The program shall also submit a written report to the State Superintendent, on a form approved by him or her, within twenty-four (24) hours of the accident, and shall include a copy of the police report regarding the accident, if available.

3538.10 Each program that owns, operates or maintains one or more motor vehicles used for transporting children shall ensure that each such vehicle is maintained in a clean and mechanically safe condition, as verified by a current inspection sticker from the District of Columbia Department of Motor Vehicles or the equivalent agency in another state and by the program’s own maintenance records.

3538.11 Each program that owns, operates, or maintains one or more motor vehicles used for transporting children shall maintain an inspection log and repair records for each such vehicle on file for at least twelve (12) months from the date of each inspection or repair. A person or parent entity that operates multiple facilities may maintain all such records in a single administrative office.

3538.12 The program shall ensure that no staff member who has been convicted of driving while intoxicated (DWI), driving under the influence of alcohol or drugs (DUI), or the equivalent, within the previous three (3) years, transports by motor vehicle any children. The program shall also adopt and implement a policy prohibiting any other person, including a parent and/or volunteer, who has been convicted of DWI or DUI, or the equivalent, within the previous three (3) years, from transporting children by motor vehicle, and shall advise all parents and volunteers of this policy in writing.

3538.13 If the primary driver identified by a program becomes unavailable, the program shall identify and utilize a substitute driver who meets the requirements of this section.

3538.14 The program shall ensure that no driver smokes, wears headphones/earphones, uses a cellular phone, personal digital assistant (PDA), or any other digital device than can reasonably be expected to distract while transporting children.

3538.15 The program shall ensure that each child transported in a personal motor vehicle while under the care of the program is properly restrained in an approved child safety restraint system and/or a seat belt, as required by applicable District of Columbia laws and regulations.

3538.16 The program shall ensure that no child or staff member stands or sits on the floor of a vehicle while the vehicle is in motion, and that no child is held on another person’s lap while the vehicle is in motion.

3538.17 The program shall ensure that all vehicle doors remain locked at all times except when staff and/or children are boarding or departing the vehicle.

3538.18 The program shall ensure that no child is left unattended in a vehicle at any time.

3538.19 The program shall maintain a safe vehicle loading and unloading area for children on or adjacent to the program premises.

3538.20 The program shall ensure that identification is securely attached to the person of each child participating on a field trip, and that the identification contains the program name, address, telephone number, and emergency contact telephone number if applicable.

3538.21 The program shall ensure that the following items are present in each vehicle when transporting children on field trips or other routine trips:

(a) A first-aid kit that meets requirements specified in this chapter.

(b) A working fire extinguisher;

(d) A minimum of two (2) large clean towels or blankets;

(e) Emergency contact information, and telephone numbers of the parents for each child in the vehicle;

(f) A copy of the signed Emergency Medical Treatment Authorization form for each child in the vehicle;

(g) A cellular phone or a two-way radio;

(h) A working flashlight; and

(i) In the case of buses, vans, or other large vehicles, a footstool or equivalent aid sufficient to enable small children to safely board and disembark from the vehicle.

3538.22 The program shall ensure that at least one staff member trained and currently certified in First Aid and CPR for children is present in each vehicle when children are being transported.

3538.23 When a child with special needs is being transported in a wheelchair while under the care of a pre-k program, the program shall comply with the following additional safety requirements:

(a) The vehicle shall be equipped with a working wheelchair lift;

(b) The child’s wheelchair shall be secured in the motor vehicle, using a minimum of four (4) anchorages attached to the floor of the vehicle, and four (4) securing devices, such as straps or webbing that have buckles and fasteners, which attach the wheelchair to the anchorages;

(c) The child shall be secured in the wheelchair by means of a wheelchair restraint that contains a combination of pelvic and upper body belts; and

(d) The child’s wheelchair shall be placed in a position in the vehicle that neither prevents access to the child nor passage to the front and rear of the motor vehicle.

3539 Accreditation

3539.1 By September 1, 2014, all pre-existing and incoming pre-k programs will meet one of the following standards, unless otherwise specified by the State Superintendent:

(a) Obtain and maintain accreditation by a nationally recognized accrediting body approved by OSSE;

(b) Demonstrate achievement of, and continued compliance with, the high-quality standards equivalent to the Gold Status in the DC Quality Rating Improvement System; or

3540 NOTICE REQUIREMENTS FOR CHANGES IN OPERATION

3540.1 Each pre-k program shall inform the State Superintendent in writing, of any planned changes in operation related to these pre-k regulations, no less than ten (10) days before implementation of the change(s).

3540.2 Upon notification of the proposed change(s), the State Superintendent may inspect the pre-k program to evaluate the impact of the change(s) on the delivery of pre-k services based on the HQ standards.

3541 Days of Service and Hours of Operation

3541.1 Pre-k programs shall operate Monday through Friday, beginning no earlier than 7:00 A.M., thirty nine (39) weeks yearly for a total of at least one hundred eighty (180) full instructional days.

3541.2 Pre-k programs shall provide at least six and a half (6½) hours per instructional day of purposeful, well-planned, and developmentally appropriate practices including lunch time, and other such activities that develop social, emotional, cognitive, and physical skills. Instructional day does not include rest time.

3542 Reserved

3543 CALENDAR

3543.1 Each program shall maintain a calendar which shall include provisions for the following, in accordance with the requirements of this section:

(a) Dates on which regular instructional day will be held;

(b) Dates on which full-day staff development sessions will be conducted;

(d) The hours of operation of program on regular instructional days.

3543.2 Parent(s) shall be given a minimum of thirty (30) days notice of any half-day sessions that are not included in the calendar.

3543.3 Holidays for children shall include all dates that are designated national holidays by law and holidays that are declared pursuant to the laws of the District of Columbia.

3544 EMERGENCY CLOSINGS

3544.1 Programs may close consistent with their written policy due to adverse weather conditions or other emergency conditions affecting the health, safety, or welfare of children and staff.

3545 GENERAL DAILY PROGRAM ACTIVITIES

3545.1 The pre-k program shall devise and implement a program of activities suitable to the ages and abilities of all of the children in the program. A copy of the program schedule for each pre-k classroom shall be provided to the State Superintendent upon request.

3545.2 The program shall ensure that its staff observe and follow the established program of activities.

3546 REST AND QUIET TIME

3546.1 Children shall have the amount of quiet activity, rest or sleep appropriate to their individual needs. The program shall ensure that its program of activities provides periods of rest and/or quiet time, not to exceed three (3) hours. The duration and scheduling of activities shall be appropriate in order to prevent fatigue and to meet the physical needs of the children in the pre-k program, taking into account the ages and developmental levels of the children.

3546.2 Quiet activities shall be made available in an appropriate space with supervision for children who cannot or do not sleep. Quiet activities include, but are not limited to, puzzles, books, listening to music, relaxation, and playing with manipulatives.

3546.3 For rest time, all children must have an individual cot, a covering and a blanket. Equipment shall be arranged to avoid obstructing access to exit doors, to provide the staff with access to each child, and to prevent children’s access to cords hanging from window treatments and other hazardous objects. To reduce the transfer of airborne diseases, sleeping and resting equipment shall be arranged as follows:

(a) There shall be a corridor of a minimum of twenty-four inches (24″) between each row of sleeping or resting equipment.

(b) There shall be a minimum of twelve inches (12″) between each piece of sleeping or resting equipment in each row of equipment.

(c) Children shall be placed on sleeping equipment so that one child’s head is toward another child’s feet in the same row.

(d) Children must be placed at least two feet (2′) from all windows and radiators.

3546.4 Cots and mats shall be of sound construction and of sufficient size to accommodate comfortably the size and weight of the child. Mats must be washable, covered with waterproof material and at least two inches (2″) thick. Cots and mats shall be covered with a clean sheet or similar covering.

3546.5 Cots and mats must be used by the same child daily and marked for individual use.

3546.6 Sheets or similar coverings for cots or mats shall be either individually marked or laundered daily. If individually marked, they must be laundered weekly or more frequently if needed.

3546.7 A light cover shall be available for each child’s use and shall be individually marked or laundered daily. If individually marked, they must be laundered weekly or more frequently if needed.

3546.8 Pillows shall be assigned for individual use and covered with individually marked pillowcases or covered with cases that are laundered daily. Individually marked pillowcases shall be laundered weekly or more frequently as needed.

3546.9 If cots and mats are stored in the children’s activity room or area, they shall be stored to prevent children’s access to them and to allow maximum use of play space.

3546.10 During rest periods, children shall be supervised by a minimum of two (2) volunteers and staff members, of which at least one must be a teacher or assistant teacher.

3547 ORGANIZATION AND MANAGEMENT

3547.1 Each pre-k program shall observe standards of organization, management, and administration that will ensure that all program activities are conducted in a manner consistent with the purposes of these regulations and the objective of providing pre-k educational services that meet the HQ standards

3547.2 Each program shall establish or adopt rules to comply with these regulations, which shall include rules to assure full staff accountability in matters governed by law, regulations, or District policy.

3547.3 Administrative, classroom, student, health and staff records, as outlined in the following sections, must be maintained in a secure location either on-site or at an accessible central location. Programs must ensure confidentiality and prevent unauthorized access.

3547.4 Programs must retain all records for a minimum of three (3) years, and make them available to OSSE and other government agencies upon request.

3547.5 Each program shall also provide reasonable public access to information pertaining to the pre-k program, not including information that has been deemed confidential.

3548 Administrative Records

3548.1 Each participating program must keep the following Administrative Records on file:

(a) Registration forms (including eligibility documentation);

(b) Enrollment policies;

(d) Financial records;

(e) Bank statements for accounts containing program funds;

(f) Equipment inventories;

(g) Documentation of insurance coverage;

(h) Unusual Incident Reports;

(i) Certificate of Occupancy Permit;

(j) Current Fire, Health and Safety Inspection Approvals

(k) Records of investigations, Civil Infraction Citations, and Fire or Emergency Evacuation Drills;

(l) Records documenting any adverse action the program takes against an employee, volunteer or household member related to any substantiated crimes against children;

(m) If the program provides transportation for the children served, the program must maintain full vehicle insurance, with liability coverage;

(n) Maintenance log and retain copies of service and repair records, in a single location on the licensed premises, for all motor vehicles that are owned or leased for purposes of transporting children. The program shall maintain the log and each record for at least twelve (12) months after the date of the inspection or repair; and

(o) Daily menu plan for feeding the children indicating the foods actually served on a daily basis.

3549 Classroom Records

3549.1 All participating programs are required to maintain, at minimum, the following Classroom Records:

(a) Daily Child Attendance Records;

(b) Classroom Place Roster;

(d) Schedule of Daily Activities; and

(e) Documentation of Parent Enrichment Opportunities and Attendance.

3550 Student Records

3550.1 All participating programs are required to maintain the following Student Records:

(a) Designation of individuals authorized to receive the child at the end of each session;

(b) Name and telephone number of individual to be contacted in emergencies when the parent(s) are not available;

(d) Language(s) spoken in the child’s home.

3550.2 The program shall have a current authorization of Emergency Medical Treatment form on file for each child, granting permission to the program to obtain medical treatment in case of an emergency that occurs while the child is in the care of the program. The form shall be approved by the State Superintendent and shall include:

(a) Signatures of the parent(s);

(b) Information on the child’s/family’s health insurance coverage;

(d) In the event that any of this information changes, updated information and the date the updated information was added.

3550.3 The program shall maintain on file a written, signed and dated statement from each child’s parent(s) authorizing the program to take the child on regularly scheduled trips outside the program site. The authorization shall include the child's name, and shall specify the mode of transportation, the frequency, and the destination of each such trip.

3550.4 If the child is to be taken on a trip that is not recorded as a routine trip, the program shall obtain a prior written authorization that includes the information required consistent with this chapter, in addition to the estimated time of departure and arrival.

3550.5 Written permission shall be considered valid for all regularly scheduled trips as noted in the statement submitted consistent with this chapter, until withdrawn by the child’s parent(s).

3551 CHILDREN'S HEALTH RECORDS

3551.1 Each child attending a pre-k program shall, upon enrollment and prior to admission, and each successive year thereafter, submit to the program, on appropriate forms:

(a) Complete documentation of a comprehensive physical health examination, including age-appropriate screenings and up-to-date immunizations; and

(b) For each child three (3) years of age or older, documentation of an oral health examination, performed by a licensed health care professional within one (1) year prior to the date of admission.

3551.2 Documented proof of one (1) Tuberculin Skin Test (TST) shall be required for all children.

3551.3 The program shall maintain, for each child, the initial and annual health record documentation required including:

(a) The full name, gender, date of birth, and complete home address of the child, including city, state, and zip code;

(b) Race/ethnicity, parent(s) names, emergency phone number, emergency contact phone number, program name and location, health insurance coverage, primary care provider;

(d) The child's height and weight at the time of the physical health examination;

(e) Each licensed health care practitioner’s health concerns referrals and treatments, clinical findings, concerns, and recommendations;

(f) The child’s significant health history, including allergies, health conditions, communicable illness, and restrictions;

(g) Specific immunizations received by month, day and year;

(h) Results of tuberculosis exposure risk assessment, and testing where indicated;

(i) Results of lead exposure risk assessment and testing;

(j) Identification of long-term medications, over-the-counter drugs and special care requirements or accommodations; and

(k) The name, address, phone number and signature of the examining licensed health care practitioner.

3551.4 In addition to the information otherwise required under this chapter, each child shall submit, and the program shall maintain, documentation of the following with respect to blood tests for lead poisoning:

(a) Documented proof that the child was tested between the ages of six (6) months and nine (9) months, and again between the ages of twenty-two (22) months and twenty-six (26) months; or

(b) Documented proof that, each child between six (6) months and (14) months and again between 22 and 26 months has been tested for lead exposure risks.

3551.5 A child who has not been tested before the age of twenty-six (26) months, shall be screened two (2) times before the age of six (6) years.

3551.6 Pending lead test results shall be accepted for purposes of this chapter, for two (2) months from date of testing and shall not be used to exclude a child from program-related activity or programs.

3551.7 Blood tests for lead poisoning shall be conducted, and results shall be disseminated and maintained, in accordance with the Childhood Lead Poisoning Screening and Reporting Act of 2002, effective October 1, 2002 (D.C. Law 14-190, D.C. Official Code §7 - 871.03et seq.)

3552 Confidentiality and Access to Records

3552.1 The program shall conform to applicable federal and local laws protecting a child’s confidential information, and shall not disclose information concerning an individual child or the child's parent(s) to persons other than the program staff or government officials acting in the course of their duties, unless the parent(s) grants written permission for the disclosure, or unless disclosure is necessary in an emergency situation.

3552.2 The program shall inform the parents of all children, in writing, of the program’s policy regarding disclosure of information.

3552.3 Each parent shall have the right to inspect and review all official records, files, and data maintained by the pre-k program which relate directly to their particular child. The right to inspect and review may be exercised at any reasonable time subject to uniform procedures that are not unduly cumbersome.

3552.4 All requests for review of records shall be honored as soon as possible, but in no case later than forty-five (45) days following the request.

3552.5 The official records that are open to inspection and review shall include, but are not necessarily limited to, the following:

(a) Collected Child Data;

(b) Identifying Data or Information;

(d) Results of Classroom and Child Outcome Assessments;

(e) Reports of behavior or discipline problems or incidents;

(f) Health Records; and

(g) Unusual Incident Reports.

3553 ADMINISTRATIVE RECORDS ON STAFF

3553.1 All participating programs shall maintain, at minimum, the following administrative records:

(a) The full name, gender, social security number, date of birth and home address;

(b) Position title and job description;

(c) Documentation and results of criminal and background history checks in accordance with these regulations and with all other applicable federal and District of Columbia laws and rules;

(d) A copy of the employee’s resume, certified copies of required degrees, certificates, letters of reference, and an official transcript as appropriate;

(e) Verification of the staff orientation to his/her duties and responsibilities and to the program’s policies and procedures;

(f) Salaries and payroll documentation;

(g) An ongoing record of professional development and earned continuing education units;

(h) First Aid and CPR Certification for children, as required;

(i) Date of appointment to, or withdrawal from, any position in the program; and

(j) Reason for withdrawal from a position, if applicable.

3554 STAFF HEALTH RECORDS

3554.1 The program shall maintain a health record for each staff member, including paid employees and volunteers, which shall include, at minimum, the following:

(a) For new employees, certification by a licensed health care practitioner of a pre-employment physical examination of the staff member, not more than twelve (12) months prior to the start of employment or volunteer work;

(b) For continued employment of existing staff members, certification by a licensed health care practitioner of an annual physical examination of the staff member;

(c) Certification from the examining licensed health care practitioner that the staff member, at the time of his or her examination, is physically capable of caring for children in a pre-k program, and is free from tuberculosis and apparent communicable diseases;

(d) If noted to have an identified medical problem, additional written and signed documentation from the examining licensed health care practitioner declaring that the staff member is capable of caring for children in a pre-k program;

(e) Health insurance information, if applicable; and

(f) The names and phone numbers of the staff member’s emergency contact person.

3555 Enrollment and Attendance

3555.1 Any child that meets the age and residency requirements described in section is eligible for enrollment in a pre-k classroom.

3555.2 If applicable, priority enrollment shall be given first to children who live within the program’s attendance zone boundary.

3555.3 Priority enrollment shall be given, if necessary and if applicable, to children whose family income is between one hundred thirty percent (130%) and two hundred fifty percent (250%) of the federal poverty guidelines, and to children whose family income is below one hundred thirty percent (130%) who are not served by existing programs.

3555.4 If the State Superintendent implements a sliding-fee scale for enrollment in pre-k of children whose family is above two hundred fifty percent (250%) of the federal poverty guidelines, programs will comply with this policy as determined by the State Superintendent.

3555.5 Programs with more applications from children who are residents of the District of Columbia than there are available spaces, shall use a random selection process. The documentation and results of the random selection process and list of children on the waiting list as a result of such shall be available for review by the State Superintendent.

3555.6 Pre-k programs shall provide the parents of children who are not selected in the lottery process with information about other organizations providing pre-k services.

3555.7 The program may give priority to the siblings of children enrolled in the program.

3555.8 All parents of Head Start eligible children will be advised on the benefits of the program, and be given the opportunity to enroll their eligible children in Head Start.

3556 Child Attendance

3556.1 Enrollment in a pre-k program is voluntary; however, once the child is enrolled, parent(s) must comply with the established attendance policies. Each child shall be expected to attend regularly the pre-k program in which the child is enrolled.

3556.2 Child attendance must be taken each day of the school year. A child may be considered in attendance and recorded as present if the child is present for at least three and a half (3 ½ ) hours of the six and a half (6 ½ ) hour day.

3557 Attendance Records

3557.1 Each pre-k program shall maintain an accurate daily record of children’s attendance and absences, consistent with data and reporting requirements specified by the Office of the State Superintendent of Education for each pre-k age child. The attendance record for each child shall include:

(a) Date(s) of enrollment;

(b) Current grade level assignment and date(s) of promotion to each grade level;

(d) Daily absence or late arrival time, with an explanation from the parent(s);

(e) A log of communication or contact with the parent(s);

(f) Interventions, services and referrals related to absences pursuant to these regulations; and

(g) Date of withdrawal from or transfer to another program including the name and location of the program to which a student transfers; and follow up notation(s) to confirm the child’s new placement.

3558 EXCUSED ABSENCES

3558.1 The following are valid reasons for absence from the program:

(a) Illness of the child;

(b) Illness or other family emergency which requires the presence of the child in the home;

(d) Exclusion, by direction of the authorities of the District of Columbia, due to quarantine, contagious disease, infection, infestation, or other condition requiring separation from other children for medical or health reasons;

(e) Necessity for a student to attend any judicial proceedings;

(f) Observance of religious holy days by the members of a religious group;

(g) Lawful suspension or exclusion from the program by program authorities pursuant to the provisions of Chapter 25 of the DC Municipal Regulations;

(h) Temporary closing of facilities or suspension of classes due to severe weather, official activities, holidays, malfunctioning equipment, unsafe or unsanitary conditions, or other condition(s) requiring closing or suspension of classes; and

(i) Other absence(s) approved in advance by the program upon the written request of the parent(s).

3558.2 When a child returns to the program after an absence, a note should be sent with him/her that includes the date(s) of the absence and the reason.

3559 Prolonged Absences or Tardiness

3559.1 When a child has been absent for five (5) consecutive days without proper notification, the program should contact the parent(s) to determine the child’s participation status.

3559.2 A meeting with the parents of children who are chronically tardy or absent from the program should occur to determine the reasons for the problem and identify ways to resolve the problem.

3559.3 Pre-k programs are required to document attempts to contact the parent(s), efforts to assist the parent(s) in improving absenteeism or tardiness, as well as decisions regarding the child’s continued participation in the program. Every effort should be made to maintain the child’s placement and participation in the pre-k program.

3559.4 If the student is absent twenty (20) consecutive days and after documented efforts to rectify the situation have been made, he or she will be withdrawn from the pre-k program.

3560 withdrawal procedures

3560.1 Once enrolled, a child cannot be withdrawn from a pre-k program, unless it is determined that every effort has been exhausted to support the child’s participation in the program.

3560.2 No child shall be dismissed from a pre-k program unless absolutely necessary for such reasons as chronic tardiness or absenteeism as defined in section 3559; or if the child poses a serious and significant threat to the health and/or safety of himself or herself or others.

3560.3 The program shall have written procedures for withdrawing children from the program. These procedures may include, but are not limited to, the following:

(a) Procedures for notifying parents;

(b) Actions to be taken by the program prior to withdrawing any child; and

3560.4 All related documentation must be kept on file and made available to OSSE upon request. Such documentation may include, but is not limited to, the following:

(a) All documentation of written correspondence, meeting notes, and action plans showing on-going involvement with the parents;

(b) Behavioral and instructional observations of the child that support the reasons for requested disenrollment; and

(c) All documentation of consultation with special needs personnel, results of application of suggested interventions, and status of special education referral, if applicable.

3560.5 When any child is leaving the program for any reason, current and future staff must help prepare the child and other children for this event in a developmentally appropriate manner.

3561 Minimum Classroom Staffing

3561.1 Each pre-k program shall ensure that each classroom is staffed with employees who have demonstrated competency to perform functions that include:

(a) Planning and implementing learning experiences that advance the intellectual and physical development of children, including improving the readiness of children for school by developing their literacy, phonemic, and print awareness; their understanding and use of language; their understanding and use of increasingly complex and varied vocabulary; their appreciation of books; their understanding of early math and early science; their problem-solving abilities; and their approaches to learning;

(b) Establishing and maintaining a safe, healthy learning environment;

(d) Encouraging the involvement of the children’s parent(s) and supporting the development of relationships between children and parent(s).

3561.2 Pre-k programs must employ, at a minimum, one teacher and one assistant teacher who meet the specified minimum educational requirements specified by these regulations for each of the funded classrooms.

3561.3 Prior to assignment to a classroom, all employees must receive initial orientation on the following subjects:

(a) Program policies and procedures;

(b) Portions of these regulations dealing with the care, health and safety of children;

(d) Reporting requirements for suspected cases of child abuse, neglect or deprivation;

(e) Communicable diseases and serious injuries;

(f) Emergency weather plans; and

(g) Childhood injury control.

3562 Minimum Education Requirements for

Instructional Staff

3562.1 Teacher Requirements: In order to be a designated teacher in the pre-k program, a teacher shall meet at minimum one of the following requirements:

(a) Hold at least a Bachelor’s degree in child development, early childhood education, or child and family studies; or

(b) Hold a Bachelor’s degree in a field other than child development, early childhood education, or child and family studies and will complete 18 credits in early childhood within (3) years; or

(c) Hold at least an Associate’s degree and be enrolled, at the time of employment, in a Bachelor’s degree program and on track to complete degree within five (5) years; or

(d) Have at least forty-eight (48) credit hours of successful completion of course work from a regionally accredited or OSSE approved college or university and a Montessori certificate issued by a program accredited by the Montessori Accreditation Commission for Teacher Education and at least two (2) years supervised experience working with children in a licensed District of Columbia pre-k program or its equivalent in another jurisdiction.

3562.2 Assistant Teacher Requirements: In order to be designated an assistant teacher in the pre-k program, a teacher shall meet at minimum the following qualification requirements:

(a) A Child Development Associate (CDA) degree, and be enrolled, at the time of employment, in an Associate’s degree program and on track to receive the degree within five (5) years; or

(b) Other credential approved by OSSE, and be enrolled, at the time of employment, in an Associate’s degree program and on track to receive the degree within five (5) years.

3563 Out-of-Country Credentials

3563.1 Credentials from outside the U.S. need to be evaluated by an educational interpreting agency approved by OSSE including, but not limited to, Educational Credential Evaluators Inc. or World Education Services Inc., so that a U.S. equivalency can be determined.

3564 Waiver

3564.1 Teacher qualifications may include a waiver of certain academic and degree requirements for current teachers or current assistant teachers with a minimum of ten years of experience as of July 18, 2008, who are employed in programs meeting the educational objectives and outcomes of the high quality standards provided that by September 1, 2017, all teachers and assistant teachers shall be required to meet the academic and degree requirements as established by OSSE.

3565 Professional Development and Training

3565.1 Each teacher and assistant teacher shall participate in at least thirty (30) hours of professional development annually, not including CPR and First Aid training, in the following core knowledge areas:

(a) Child Growth and Development;

(b) Observing, Documenting and Assessing to Support Young Children and Families;

(d) Curriculum;

(e) Inclusive Practices;

(f) Learning Environments;

(g) Building Family and Community Relationships;

(h) Diversity: Family, Language, Culture, and Society;

(i) Program Management, Operation and Evaluation;

(j) Professionalism and Advocacy; and

(k) Social-Emotional Development and Mental Health.

3565.2 Professional development shall be high-quality, sustained, intensive, and classroom-focused in order to have a positive and lasting impact on classroom instruction and the teacher’s performance in the classroom, and regularly evaluated for effectiveness.

3565.3 Each program shall obtain and maintain adequate documentation of each staff member’s participation in professional development and earned continuing education units. Acceptable documentation shall include a signed and dated statement from the trainer verifying the staff member’s participation in a training program conducted by a trainer licensed, certified, or otherwise approved by the State Superintendent.

3566 Substitutes

3566.1 When a member of the instructional staff is in school to attain a required degree, at a classroom-related training, out of work due to illness, on scheduled personal or vacation leave, or out of work due to other expected or unexpected absences, programs will arrange for qualified substitutes to ensure appropriate classroom staffing. If a Teacher or Assistant Teacher is absent, every effort will be made to provide a substitute that meets the minimum corresponding education requirements for the position that they are filling, but shall meet, at a minimum, the requirements of an Assistant Teacher.

3566.2 Long-term substitutes must meet the minimum corresponding education requirements for the position that they are filling.

3567 Volunteers

3567.1 Each volunteer in a pre-k program shall attend an orientation session and receive adequate training on program policies and procedures.

3567.2 Each volunteer shall work under the direct supervision of a teacher, assistant teacher, principal, or director at all times.

3567.3 The program shall ensure that no volunteer has sole responsibility for the program, classroom, or child at any time.

3568 Standards in Learning

3568.1 Pre-k programs will use the “Early Learning Standards: Infants, Toddlers, and pre-kindergarten” (the “ELS”) as their guide for the development and implementation of instructional goals. All instructional staff and relevant program staff are expected to be knowledgeable about these standards and attend at least one ELS training sponsored by OSSE.

3568.2 The program shall use the ELS as:

(a) A resource for guiding the selection and implementation of the curriculum;

(b) A focus for discussion by parent(s), community members, and legislators around the education of young children;

(c) A guide for selecting assessment tools appropriate for children from a variety of backgrounds with differing abilities;

(d) A guide for planning experiences and instruction that enable children to make progress in meeting the standards; and

(e) A framework for planning professional development opportunities.

3568.3 The program shall not use the ELS to:

(a) Mandate specific teaching practices or materials;

(b) Bar children from entering Kindergarten;

(d) Establish rewards or punishments for education staff.

3568.4 The program shall reflect the following domains of the D.C. Early Learning Standards:

(a) Approaches to Learning: Children exhibit curiosity, the ability to engage in and complete task, flexibility in solving problems, engaging in purposeful play, following direction, and both independence and interdependence.

(b) Social and Emotional Development: Children become confident and competent with a sense of self and can take responsibility for self and others.

(c) Language and Literacy: Children communicate ideas and feelings, establish and maintain relationships with adults and other children through the literacy skills involved in (1) Listening and Speaking, (2) Reading, and (3) Writing.

(d) Mathematical Thinking: Children make sense of the world around them and understand the physical world through mathematics experiences involving number concepts, patterns, functions, and Algebra, measurement, geometry and spatial sense, and data analysis and probability.

(e) Scientific Inquiry: Children learn science by exploring the world around them as they try out things to see how they work, experiment, manipulate objects, use their senses and scientific tools to observe, collect and interpret data, and draw conclusions.

(f) Social Studies: Children learn social studies by forming relationships, learning to communicate, and exploring the world around them through the study of people, jobs, landmarks and cultures of the surrounding community.

(g) Creative Arts: Children demonstrate imagination, creativity, and invention through the study of the arts in ways that reflect their unique learning styles and views of the world.

(h) Physical Development, Health, and Safety: Children develop gross motor coordination, fine motor control, and master increasingly sophisticated tasks and gain personal responsibility for their own physical needs.

3569 Curriculum

3569.1 Pre-k programs will provide a comprehensive educational program and use age-appropriate instructional practices in the implementation of that program. Programs shall use, as the basis of their education programs, one of the following curricula:

(a) Creative Curriculum;

(b) High Scope;

(d) Opening the World of Learning (OWL);

(e) Houghton-Mifflin pre-k;

(f) Scholastic’s Building Language for Literacy or Early Childhood Program; or

(g) Other curricula that meet the following criteria:

(1) Alignment with the District of Columbia’s “Early Learning Standards: Infants, Toddlers, and Pre-kindergarten”;

(2) Based on a solid foundation of child development and early education research;

(3) Comprehensive and addressing children’s individual and developmental needs in the areas of physical, social, emotional, cognitive, and language development;

(4) Integrates language and literacy development, numeracy, science, social studies and the arts, using developmentally appropriate strategies;

(5) Fosters problem solving, inquiry, discovery and creativity through the intentional use of playful and experiential approaches to learning;

(6) Responsive to the cultural and language needs of parent(s) and children, and addressing children with disabilities and other special needs;

(7) Incorporates family involvement and support as an integral part of its implementation; and

(8) Provides an on-going process of collecting information from multiple sources about a child’s needs, which may include observations, portfolios, and screenings to determine a child’s strengths and challenges in order to plan his/her educational services.

3570 Daily Routine AND pROGRAM ACTIVITIES

3570.1 The pre-k program shall include developmentally appropriate experiences in cognitive, communication, social, physical, and emotional development as well as activities that promote creative expression.

3570.2 The program shall utilize appropriate teaching strategies and techniques to deliver developmentally-appropriate learning activities in accordance with each child’s level of comprehension and maturation.

3570.3 The program shall provide a supportive social and emotional climate which shall:

(a) Enhance a child’s self-awareness as individuals, and in relation to others, by providing individual, small group, and large group activities;

(b) Provide opportunities for success through developmentally appropriate program activities; and

(c) Create an environment of acceptance which helps each child develop a positive self-concept, enhance his or her individual strengths, and facilitate social relationships.

3570.4 The program shall promote the development of intellectual skills by:

(a) Encouraging children to:

(1) Engage in problem solving;

(2) Explore;

(3) Initiate their own activities;

(4) Experiment;

(5) Organize their experiences;

(6) Ask questions; and

(7) Gain mastery through concrete experiential learning (learning by doing);

(b) Promoting language understanding and use by encouraging communication among children and between children and adults;

(d) Building on a child’s prior knowledge in order to consolidate their learning and foster acquisition of new concepts and skills through hands-on active exploration of their learning environment, problem solving, communication, creativity, and the use of the imagination; and

(e) Providing a daily balance of activities in the following dimensions:

(1) Indoor and outdoor play;

(2) A balance of quiet and active periods;

(3) Staff and child initiated activities;

(4) Structured and spontaneous activities;

(5) Individual, small group, and large group activities;

(6) Gross and fine motor activities;

(7) Literacy experiences;

(8) Arts;

(9) Dramatic play;

(10) Rhythm and music; and

(11) Nature and science.

3570.5 The program shall promote physical growth by providing:

(a) Adequate indoor and outdoor space to ensure a diversity of appropriate physical activity;

(b) Developmentally appropriate materials and equipment, in sufficient quantity to allow choice;

(c) Supervised time for children to increase their physical skills through activities that utilize large and small muscles;

(d) Appropriate guidance while children use equipment and materials which promote children’s physical growth;

(e) Breakfast or lunch to each eligible child, pursuant to section A-3520; and

(f) Developmentally appropriate information regarding nutrition, involving children as feasible in the planning and preparation of snacks and meals, and providing appropriate information about health as an integral part of program activities.

3570.6 The program shall promote children’s social skills and social interaction

by providing age appropriate:

(a) Positive and timely guidance;

(b) Consistent, clear rules presented in developmentally appropriate ways; and

3570.7 The program shall be individualized to meet unique needs of children by providing:

(a) A curriculum which is relevant and reflective of the needs of the population served; and

(b) Appropriate adaptations for children with special needs.

3570.8 When using passive media such as television, film, computerized programs, or other audio-visual electronics or media, the staff shall ensure:

(a) All selections are developmentally appropriate;

(b) Use is not routinely part of the daily schedule;

(d) The use of such passive media is designed to benefit the child, with limited viewing time;

(e) A child who does not wish to watch has a choice of other activities; and

(f) No media with sexual or violent content, culturally insensitive content, profanity, or excessively aggressive behavior is offered to or viewed on site by children or staff.

3571 LESSON PLANS AND DAILY SCHEDULES

3571.1 Programs shall require and implement written lesson plans based on the chosen curriculum and in conformance with the District of Columbia’s “Early Learning Standards: Infants, Toddlers, and Pre-kindergarten”.

3571.2 The children’s daily schedule and lesson plans shall be age appropriate and consistent with the requirements of this chapter and any other laws or rule.

3571.3 The daily schedule shall be predictable yet flexible and responsive to the individual needs of the children.

3571.4 The daily schedule and lesson plans shall be posted and readily available to parents and officials making a site visit.

3572 CHILDREN WITH SPECIAL NEEDS

3572.1 The program shall ensure inclusion of children with disabilities, in accordance with federally stated goals. A child who is eligible for pre-k and is identified as eligible for special education and/or related services under Individuals with Disabilities Education Act (IDEA) shall not be denied access to pre-k services.

3572.2 Upon the admission of a child with a special need, or upon the identification of a special need in an enrolled child, the program shall promptly obtain informed written consent, from the parent(s) of the child, for the implementation of any treatment or protocol ordered by the child’s licensed health care practitioner.

3572.3 The program shall ensure that the care of each child with special needs who is less than thirty-six (36) months of age is consistent with that child’s Individualized Family Services Plan (IFSP), and that the care of each child who is thirty-six (36) months of age or over is consistent with that child’s Individualized Education Program (IEP). The program shall maintain a copy of the child’s IEP on file at all times.

3572.4 Appropriate special education and related services placement is determined by the child’s Individualized Education Plan (IEP) and recommendations of the placement committee. Programs must assist in the referral and coordination of needed services.

3572.5 The program shall maintain a written individualized care plan, in accordance with the child’s IFSP or IEP, for each enrolled child with special needs. This plan shall address the following areas, as needed and appropriate for the child:

(a) Educational services to be provided by the program;

(b) Other services to be provided by or at the program;

(c) Special training or qualifications required of one or more staff members to properly care for the child in light of his or her special needs;

(d) Nutrition and feeding, including feeding schedule and special training or qualifications required of staff members who may feed the child;

(e) Administration of medication;

(f) Use and maintenance of medical equipment and/or adaptive devices;

(g) Toileting and personal hygiene;

(h) Procedures and instructions for medical emergencies;

(i) Procedures for other emergencies, including participation in emergency evacuation drills; and

(j) Transportation requirements.

3572.6 The program shall preserve the confidentiality of all information concerning the child in conformance with applicable laws and rules.

3572.7 The program shall provide each child with special needs with:

(a) Developmentally appropriate materials;

(b) Developmentally appropriate play equipment;

(d) Reasonable accommodations to enable the child to participate in the activities of the program, including field trips.

3572.8 If health services or therapeutic services are provided at the program, the program shall ensure that these services are provided in accordance with the child’s IFSP or IEP and by practitioners who are licensed or otherwise authorized by law to provide the applicable services in the District of Columbia.

3573 Children as English Language Learners

3573.1 Pre-k programs may not deny services to non English proficient (“NEP”)/Limited English Proficient (“LEP”) children. Programs shall ensure that services for LEP/NEP children shall meet the HQ standards for pre-k and shall be equivalent in quality and standards to that provided to native speakers of English.

3573.2 The program shall ensure that educational services designed for NEP/LEP children will develop and support English Language proficiency and academic skills to enable full participation in the pre-k services, while preparing these children to participate effectively in the general education program.

3574 Behavior Management and Discipline

3574.1 The pre-k program shall have a written policy describing the philosophy of behavior management, discipline and the specific methods of discipline that the program uses.

3574.2 Discipline and behavior management shall be constructive and developmentally appropriate, and shall include, but not be limited to:

(a) Positive reinforcement;

(b) Child guidance and techniques using redirection;

(d) Talking with the child about the situation.

3574.3 The methods of behavior management described in the policies and procedures shall be utilized by all program staff, volunteers, and parents when present on the premises.

3574.4 At all times, program staff are responsible for providing positive guidance to the children that is appropriate to each child’s age, understanding, and circumstances. When a behavior problem arises, staff members shall:

(a) Redirect the child to alternative behavior or other activities;

(b) Encourage the child to control his or her own behavior, cooperate with others and solve problems by talking through the issues;

(d) Take action that relates to inappropriate behavior and ensure that any action taken is without bias and in proportion to the child’s act.

3574.5 The program shall not utilize any of the following behavior management methods:

(a) Physical harm, including punching, pinching, shaking, spanking, biting, yanking and poking;

(b) Physical correction involving prolonged activity for an excessive period of time or maintenance of stressful positions;

(d) Derogatory remarks and/or profane language;

(e) Confinement in a locked room or enclosed area;

(f) Forced feeding, or withholding of food, rest, toilet use or outdoor activities or play; and

(g) Physical and/or chemical restraints.

3574.6 Authority to manage behavior shall never be delegated to another child.

3574.7 The parents of each child enrolled in the program shall receive a copy of the program’s behavior management discipline policy.

3575 Kindergarten Transition

3575.1 All pre-k programs shall have a written Kindergarten Transition Plan in order to help the children experience a smooth transition from pre-kindergarten to Kindergarten.

3575.2 The activities must be completed no later than the established registration date for the District of Columbia Public Schools or Public Charter Schools for children and parents of children that are transitioning to Kindergarten.

3576 PARENT ENGAGEMENT PLAN

3576.1 The program shall utilize a variety of means to encourage the parents, families, and community members to become involved in their children’s education.

3576.2 Programs shall welcome parent involvement in activities designed to help such parents become full partners in the education of their children and establish a climate that is conducive to open communication, mutual trust, and respect between parents and program personnel.

3576.3 Programs shall ensure that parent engagement meets the following standards:

(a) Communication between home and program is regular, two-way, and meaningful;

(b) Parenting skills are promoted and supported;

(d) Parents are welcome in the program and classroom, and that their support and assistance is sought;

(e) Parents are full partners in the educational decisions that affect their children; and

(f) Community resources are used to strengthen educational programs, family practices, and student learning.

3576.4 The Parent Engagement Plan shall be consistent with nationally recognized best practices and research on effective parent involvement, shall recognize and accommodate the rich cultural and linguistic diversity of local communities, and shall respond to the specific needs of children, their parent(s) and their communities. The plan shall include (at minimum) the following components:

(a) Parent Orientation Process and Parent Handbook;

(b) System to gather Family-Child Information;

(c) Documented methods of communicating with parents such as newsletters, child activity reports, phone calls, home visits, e-mail, and conferences;

(d) A minimum of two documented in-person conferences annually with each child’s parent(s);

(e) Policies for the establishment of a parent association;

(f) Opportunities for parents to participate in decision making about their child’s education;

(g) Classrooms that are open to parents and where parents are encouraged to observe children in the classroom and to participate in classroom activities;

(h) Parental involvement training and support for appropriate staff;

(i) For children who come from homes where a language other than English is spoken, support services including communication that is comprehensible and supportive of both the native language and English language development; and

(j) Include parent involvement outcomes in all staff evaluations, as appropriate.

3577 Technical Assistance

3577.1 All participating programs must have in place a system for providing on-going technical assistance to pre-k staff. Technical assistance shall address the training and career development needs of program staff including, but not limited to curriculum instruction, assessments, training, community outreach, parental involvement, accreditation, and use of technology.

3577.2 Technical assistance and training activities to be provided shall:

(a) Support the program in improving program quality in relation to the HQ standards described in these regulations; and

(b) Incorporate mechanisms to ensure responsiveness to program needs, including an ongoing procedure for obtaining input from individuals and agencies providing pre-k services.

3578 Comprehensive Services and developmental screenings

3578.1 All pre-k programs shall provide a plan for comprehensive services to

pre-k children. These services shall include developmental screenings and health assessments, referrals for children eligible for special education services and continuous monitoring to ensure that the child receives the services needed.

3578.2 A pre-k program shall coordinate with existing medical and social services that all children participating in the program receive child development and health screening that include, but are not limited to, cognitive, physical, communication, social or emotional, and adaptive skills.

3578.3 All children entering a pre-k program should be screened within one hundred fifty (150) days of the first day of attendance in the program. Exceptions include:

(a) Children who had a screening complete at the time of the child’s

application; and

(b) Children with an existing Individualized Education Program (IEP)

or Individualized Family Services Plan (IFSP) are exempt from this requirement.

3578.4 Programs may meet the developmental screening requirement through various means, including systematic observation in the classroom or other natural setting. Screening results shall not be used for determining placement or planning the curriculum.

3578.5 Programs shall use the results of screenings to determine whether additional evaluation is needed.

3578.6 Programs shall screen children who do not speak English or have limited English proficiency in their native language, preferably using instruments that are available in the child’s native language and by a bilingual/bicultural assessor.

3578.7 Programs shall contact parent(s) if screening results indicate a need for further assessment by a specialist, follow-up, or referral for special education and related services or other appropriate resources.

3578.8 A program shall assist parent(s) as needed through cooperation with existing medical and social services to obtain the physical examination required of all children prior to enrollment.

3579 Program Monitoring

3579.1 All pre-k programs shall establish and implement procedures for the ongoing monitoring of their respective programs, to ensure that the operations of the program work towards meeting the standards described in these regulations.

3579.2 The monitoring process shall include gathering evidence on all areas of program operations including, but not limited to, policies, procedures, and implementation efforts in the following areas:

(a) Physical Environment, Facilities, and Equipment;

(b) Enrollment and Attendance;

(d) Recordkeeping and Financial Reporting;

(e) Staff Qualifications and Development;

(f) Educational Standards and Instruction;

(g) Family and Community Involvement;

(h) Support Services;

(i) Accountability, Monitoring, and Assessment; and

(j) Unusual Incident Procedures.

3579.3 The program shall review and assess the gathered evidence to determine the extent to which the program is currently meeting the standards described in these regulations, and

(a) Develop a continuous quality improvement plan; or

(b) In the case of any deficiencies, the program shall create a corrective action plan as appropriate based upon findings of the program monitoring process.

3579.4 These findings and subsequent continuous quality improvement plan or corrective action plan shall be shared with the State Superintendent or designated staff, at minimum, on an annual basis.

3579.5 OSSE reserves the right to follow up directly with the programs submitting corrective action plans in order to ensure timely and sufficient progress towards addressing any deficiencies, including taking such progress into account when determining licensure status pursuant to Section A-3588.1(a) of these regulations.

3579.6 In addition, all programs must make classrooms and facilities available for routine monitoring by the State Superintendent of Education as requested and at minimum twice a year.

3580 Classroom and Child Outcome Assessments

3580.1 Programs shall conduct assessments as an integral part of the program to support children’s learning, using a variety of methods such as observations, checklists, rating scales, and individually administered tests.

3580.2 Assessments shall be administered in a setting familiar to the child.

3580.3 All programs shall have a written assessment plan that describes assessment purposes, procedures, and uses of the results. The plan will also include:

(a) Use of both classroom and child outcome assessments;

(b) Conditions under which children will be assessed;

(d) Procedures to keep individual child records confidential;

(e) Ways to involve parent(s) in planning and implementing assessments; and

(f) Methods to effectively communicate assessment information to parent(s).

3580.4 Programs shall use assessment methods that are sensitive to and informed by a child’s:

(a) Family culture;

(b) Exposure and experience;

(d) Any applicable special needs.

3580.5 In selecting an assessment instrument, the program shall evaluate information from the publisher about the standardization sample, standardization procedures, scoring, reliability, and validity to ensure that the results obtained with the instruments are valid and accurate for the program’s purpose.

3580.6 Staff shall receive training to assure an understanding with regard to the purpose and use of assessments.

3580.7 Programs shall make information regarding the purposes and uses of selected assessment available to parent(s) and community members upon request.

3580.8 Assessment results shall not be used to restrict entry into or exit from the pre-k program.

3580.9 Pre-k programs must participate in any district-wide assessments as selected by the State Superintendent of Education.

3580.10 Pre-k programs must be available to participate, if selected, in a random sample of pre-k programs that shall evaluate the following:

(a) Overall program structure;

(b) Language and literacy environment; and

3580.11 Children with disabilities shall be included in the program’s assessment system with the appropriate accommodations if necessary. As appropriate, programs shall have developed guidelines for the participation of children with disabilities and shall provide alternate assessments if deemed necessary by each child’s Individualized Education Program Team under the Individuals with Disabilities Education Act.

3581 Capacity Audit

3581.1 All pre-k programs shall participate in the annual capacity audit and provide all relevant enrollment and capacity information as requested by the State Superintendent.

3582 Financial Audit Requirement

3582.1 Each program shall complete an annual financial audit by an independent certified public accountant in accordance with government auditing standards for financial audits issued by the Comptroller General of the United States.

3582.2 Pre-k programs shall submit annually as requested by the State Superintendent, audited financial statements prepared by an independent certified public accountant licensed in the District of Columbia and in accordance with generally accepted auditing standards and the Government Auditing Standards issued by the Comptroller General of the United States.

3583 additional FINANCIAL Requirements for Faith-based programs

3583.1 Pre-k programs at faith-based facilities must have tax exempt status under Internal Revenue Code, 26 U.S.C. § 501(c)(3) separate and apart from the affiliated congregation and must separately account for pre-kindergarten funding.

3584 Unusual Incidents, Investigations, and corrective action

3584.1 Each pre-k program shall immediately report, to the State Superintendent and to parent(s) of each affected child, any unusual incident that may adversely affect the health, safety or well-being of any child or children in the program. Unusual incidents include, but are not limited to, the following:

(a) Death of a person occurring within the program;

(b) Injury to, or illness of, any child that occurs during the hours that the child is enrolled in care and that require hospitalization or emergency medical treatment;

(c) Damage to the program facility, or to any program vehicle or equipment, that interferes with the capability of the program to protect the health, safety and well-being of the children and adults in the program;

(d) The presence of any individual in the program facility who has, or is suspected of having, a communicable disease that must be reported to the District of Columbia OSSE in accordance with Title 22 of the District of Columbia Municipal Regulations;

(e) The elopement of a child or any circumstances under which a child is deemed missing or unaccounted for;

(f) A traffic accident involving a vehicle owned, maintained, or contracted for by the program and in which children are being transported at the time of the accident; and

(g) Any other occurrence at the program that involves a response by police, fire, ambulance, or any other emergency service.

3584.2 Incident reports shall be submitted within twenty-four (24) hours of the incident, on an Incident Report Form issued by the OSSE.

3584.3 In the case of a death, traffic accident or an incident involving actual or suspected criminal activity, the program shall also file a report with the appropriate law enforcement authorities.

3584.4 Any program staff member who knows or has reasonable cause to suspect that a child is, has been, or is in immediate danger of being an abused or neglected child shall, as required by the District of Columbia Prevention of Child Abuse and Neglect Act of 1977, effective September 23, 1977 (D.C. Law 2-22, D.C. Official Code §§ 4-1321.01 et seq.), make or cause to be made an immediate oral report to:

(a) The Child Protective Services Division of the Child and Family Services Agency, via the CFSA twenty-four (24) hour Child Abuse and Neglect Hotline (202-671-SAFE); or

(b) The Metropolitan Police Department.

3584.5 The program staff member making an oral report pursuant to this section shall also prepare and submit a written report if:

(a) A written report is requested by the Child and Family Services Agency or the Metropolitan Police Department;

(b) The case is one of abuse involving drug-related activity; or

3584.6 In the reports required by this section, the staff member shall include:

(a) The name, age, sex and address of the child who is the subject of the report;

(b) Documentation that the child who is the subject of the report is enrolled at the program;

(d) To the extent known, the name, age, and sex of each sibling or other child living in the same household;

(e) To the extent known, the name, age, and sex of the parent(s);

(f) The nature and extent of the abuse or neglect, and of any previous abuse or neglect, as known to the reporting staff member;

(g) Any other information which may be helpful in establishing the cause of the abuse or neglect and/or in establishing the identity of the person(s) responsible for it;

(h) The name, title or occupation, and contact information of the staff member making the report;

(i) Any actions taken by the staff member or the program concerning the child in response to the situation; and

(j) Any other information required by law.

3584.7 Each pre-k program shall:

(a) Provide training to all staff regarding the program's policies and procedures relating to child abuse, neglect, and risk to a child's health or safety, including how to report suspected abuse, neglect, or risk to a child's health or safety;

(b) Require staff to report immediately, and to cooperate with officials investigating, alleged or actual child abuse or neglect, or alleged or actual risk to a child's health or safety;

(c) If any program staff member is identified as allegedly responsible for the alleged or actual child abuse or neglect, or alleged or actual risk to a child's health or safety, place that staff member on administrative leave or reassignment to duties involving no contact with children until the investigation conducted by authorized government officials is complete; and

(d) Ensure that staff may report incidents involving alleged or actual child abuse or neglect, or alleged or actual risk to a child's health or safety, without threat of discharge or other retaliation.

3585 RIGHT OF ENTRY AND SUBPOENA POWERS

3585.1 The State Superintendent and any authorized designee, or other District of Columbia government agency having jurisdiction over, or responsibilities pertaining to pre-k programs, after presenting official credentials of identification and authority issued by the District of Columbia, shall have the right, either with or without prior notice, to enter upon and into the premises of any pre-k program licensed under these regulations, or for which an application for license has been made, in order to determine compliance with these regulations, other laws and regulations, and/or to facilitate verification of information submitted on or in connection with an application for licensure pursuant to these regulations. The conduct of the authorized official shall be such that entry and inspection shall take place with the least possible disruption to the program.

3585.2 The right of entry and inspection shall also extend to any premises that the State Superintendent, an authorized designee, or other duly authorized official of a District of Columbia agency having jurisdiction over, or responsibilities pertaining to pre-k programs, has reason to believe are being operated or maintained as a pre-k program without proper authorization, provided that no entry or inspection of any unlicensed premises shall be made without the permission of the individual in charge of the premises or unless a warrant is first obtained from the D.C. Superior Court, pursuant to D.C. Official Code § 11-941, authorizing the entry or inspection for the purpose of determining compliance with the pre-k Act or with these regulations.

3585.3 The State Superintendent is authorized to utilize subpoena power pursuant to D.C. Official Code §7-2036 to supervise, inspect, and investigate facilities operating a pre-k program.

3585.4 Any authorized District of Columbia official shall have access to all records of the program, including but not limited to: child, staff and administrative records; financial, tax and inspection records; policies and procedures; and any other information or documentation necessary to determine the program’s compliance with applicable federal and District of Columbia laws and regulations.

3586 INVESTIGATIONS

3586.1 Upon its own initiative or upon receipt of a complaint alleging violation(s) of the law or regulations pursuant to these regulations, the State Superintendent may conduct on-site investigations, announced or unannounced, to investigate an alleged violation or validity of allegations specified in a complaint.

3586.2 The State Superintendent shall investigate an allegation of activity that is life-threatening or poses immediate danger within (24) twenty-four hours of receipt of a complaint.

3586.3 The State Superintendent shall investigate allegations that do not allege life-threatening or pose immediate danger no later than thirty (30) days after receipt of a complaint.

3586.4 Upon completion of an investigation, the State Superintendent shall provide a written statement to the program no later than ten (10) business days after the conclusion of the investigation. The statement shall include the specific provision(s) of law or regulation alleged in the complaint to have been violated, as well as whether the program was found to be in compliance. If the program is found not to be in compliance with one (1) or more provisions, the State Superintendent shall provide the program with a written statement of deficiencies.

3586.5 If a program is provided with a statement of deficiencies as a result of an investigation, the State Superintendent shall include in a statement of deficiencies to be addressed within a given time frame and may provide a recommended plan of correction.

3586.6 If a program is provided with a statement of deficiencies as a result of an investigation, the State Superintendent may conduct one (1) or more additional onsite inspections, as needed, to verify compliance. With respect to each cited deficiency, the on-site inspection shall take place after the completion of the recommended compliance period contained in the statement of deficiencies.

3587 INSPECTIONS AND LICENSE ISSUANCE

3587.1 A program shall obtain a license prior to engaging in activities requiring licensure under these regulations, and shall not make or cause to be made any misleading representations in connection with information provided pursuant to these regulations.

3587.2 Upon receipt of a complete application and required fees for an initial license or a license renewal, and prior to the issuance of the license, the State Superintendent may conduct one or more on-site inspections to determine compliance with the applicable laws and regulations.

3587.3 In the case of an initial license or a license renewal, if the State Superintendent determines that a program does not comply with the applicable laws or regulations, the State Superintendent shall provide a written statement of deficiencies to the applicant no later than five (5) business days from the conclusion of the inspection or other determination.

3587.4 In the case of an initial license, an applicant program shall amend its application within forty-five (45) days after receipt of the statement of deficiencies with a certification that each and every deficiency has been corrected or provide the timeline within which full compliance shall be achieved.

3587.5 In the case of an initial license wherein the applicant has been given a statement of deficiencies, the State Superintendent shall conduct a follow-up inspection to determine compliance within ten (10) business days following the forty-five (45) day correction period, or within ten (10) business days after receipt of the certification from the program that compliance has been achieved, prior to the end of the forty-five (45) day correction period, or as otherwise approved by the State Superintendent.

3587.6 In the case of a license renewal, the State Superintendent may include in the statement of deficiencies a recommended plan of correction, including the designation of a time within which each cited deficiency must be corrected.

3587.7 In the case of a license renewal inspection wherein the program has been given a statement of deficiencies, the State Superintendent shall conduct at least one (1) follow-up, onsite inspection. With respect to each cited deficiency, the on-site inspection shall take place after the completion of the recommended compliance period contained in the statement of deficiencies, as provided by this section.

3587.8 In case of an application for initial licensure, where the applicant fails to achieve full compliance within designated timeframes, adverse action may be taken to deny the initial application or, at the discretion of the State Superintendent, the application may be deemed to have been withdrawn.

3588 REVOCATION, DENIAL, AND SUSPENSION

3588.1 The State Superintendent may deny, suspend, refuse to renew, or revoke the license of a pre-k program, may reduce a license to a provisional license, or may refuse to issue a license if a person or program subject to licensure engages in any of the following activities:

(a) Failure to comply with these regulations;

(b) Providing false or misleading information in an application for an initial license, a provisional license, or for a license renewal;

(c) Failure to allow entry to authorized officials to conduct an inspection or investigation, or to otherwise determine whether the applicant or licensee is in substantial compliance with the pre-k Act or with these regulations;

(d) Employing any method of service prohibited by these regulations, including without limitation, forms of restraint, seclusion, or discipline;

(e) A determination that an applicant or licensee has been convicted of, or has admitted to committing, either in the District of Columbia or in another jurisdiction, any criminal offense which constitutes a bar to employment in an agency, facility, home, or any other entity that provides direct services to children and youth, or as a result of which a duly authorized District of Columbia Government official has determined that the applicant or licensee poses a danger to children or youth, as provided in the Child and Youth, Safety and Health Omnibus Amendment Act of 2004, effective April 13, 2005 (D.C. Law 15-353, D.C. Official Code §§ 4-1501.01 et seq.) or in subsequent amendments thereto, or in rules promulgated pursuant to that law, or as provided in any superseding District of Columbia or federal law, which offenses may include the following at the felony level unless otherwise indicated:

(1) Murder, attempted murder, manslaughter, or arson;

(2) Assault, assault with a dangerous weapon, mayhem, malicious disfigurement, or threats to do bodily harm;

(3) Burglary;

(4) Robbery;

(5) Kidnapping;

(6) Illegal use or possession of a firearm;

(7) Sexual offenses at the felony or misdemeanor level, including indecent exposure; promoting, procuring, compelling, soliciting, or engaging in prostitution; corrupting minors (sexual relations with children); molesting; voyeurism; committing sex acts in public; incest; rape; sexual assault; sexual battery; or sexual abuse; but excluding sodomy between consenting adults;

(8) Child abuse or cruelty to children; or

(9) Unlawful distribution or possession of, or possession with intent to distribute, a controlled substance.

(f) A determination that any employee or volunteer who is reasonably expected to come into contact with one or more children has been convicted of, or has admitted to committing, any criminal offense which constitutes a bar to employment or as a result of which the person has been determined to pose a danger, as more fully described above at subsection A-3588.1(e); or

(g) A determination that an applicant or licensee, or any employee or volunteer who is reasonably expected to come into contact with one (1) or more children, has admitted to or has been found to have abused or neglected a child in the District of Columbia or in any other jurisdiction.

3589 SUMMARY SUSPENSION

3589.1 The State Superintendent may summarily and immediately suspend a license, for a period of not more than forty-five (45) calendar days, upon finding that the health, safety, or welfare of children, adults, or of the general public is in immediate danger.

3589.2 A summary suspension of a license is effective upon the delivery to the program of a Notice of Summary Suspension, which notice shall be hand-delivered to the licensee, or to an adult employee of the licensee, at the licensed premises.

3589.3 The Notice of Summary Suspension shall state that the program may request an expedited hearing within five (5) business days of receipt of the notice.

3589.4 When a program’s license is summarily suspended, the State Superintendent shall immediately repossess the license, and the program shall immediately cease providing pre-k services.

3589.5 When a program’s license is summarily suspended, the program shall be responsible for providing parents with immediate written notification of the suspension and for informing them of the need to make alternative arrangements. The program shall also provide the State Superintendent with a copy of the written notification to parents.

3589.6 Upon a timely request for an expedited hearing pursuant to this section, the Office of Administrative Hearings shall conduct the hearing within five (5) business days of the request, and the Office of Administrative Hearings shall issue a decision within five (5) business days after the hearing record is closed.

3589.7 Upon completion of a hearing conducted pursuant to this section and closure of the hearing record, the Office of Administrative Hearings shall determine either that the summary suspension was warranted, in which case the suspension shall continue for a period not to exceed forty-five (45) days from the date of the decision, or that the summary suspension was unwarranted, in which case the suspension shall immediately cease and the license shall be immediately reinstated.

3589.8 At or before the end of the suspension period, the State Superintendent shall either reinstate the license or initiate procedures for the revocation of the license.

3589.9 A license that has been summarily suspended may be reinstated before the end of the suspension period if the State Superintendent determines that the program is in substantial compliance with these regulations.

3589.10 In the event a hearing officer upholds the basis for an immediate suspension, and the deficiency has not been found to be corrected, the State Superintendent may continue the summary suspension for up to an additional forty-five (45) days.

3590 CEASE AND DESIST

3590.1 If the State Superintendent has reason to believe that a program, parent entity or person associated with the program, has or is continuing to violate any applicable laws or regulations, and that the violation presents an imminent danger to children, adults, or to the general public, the State Superintendent may issue a written order directing the program, parent entity or person to cease and desist from the violation or further association with children.

3590.2 The written order to cease and desist shall be delivered in accordance with the procedures set forth in these regulations. The order shall state that the program, parent entity or person may request an expedited hearing within five (5) business days of receipt of the cease and desist order. If no request for a hearing is made, the order shall be deemed final.

3590.3 Upon a timely request for an expedited hearing pursuant to this section, the Office of Administrative Hearings shall conduct the hearing within five (5) business days of the request, and the Office of Administrative Hearings shall issue a decision within five (5) business days after the hearing record is closed.

3591 NOTIFICATION

3591.1 The State Superintendent shall provide prior written notification to the program or to an applicant prior to taking one or more of the following actions:

(a) Denial of a license;

(b) Denial of renewal of a license;

(d) Revocation of a license including a provisional or restricted license.

3591.2 A notice required by this section shall be served in person or by certified mail, return receipt requested, upon the applicant, principal, director, or authorized staff at the current address included in an application or last known current address of the program.

3591.3 A copy of the notice shall be delivered to the Office of Administrative Hearings within the same time frame and in the same manner as that used to serve the notice.

3591.4 A notice is deemed served personally when it is delivered to the applicant or licensee, or to an adult employee or family member of the applicant or licensee, at the address specified in the application, or last known current address of the program.

3591.5 A notice served by certified mail is deemed served on the date written or stamped upon the return receipt, indicating delivery of the notice to the applicant or licensee or refusal of the applicant or licensee to accept delivery of the notice.

3591.6 In the event that the applicant or licensee is not found at the address of the program nor at the last known address as shown in the records of the State Superintendent, and no forwarding address is available, the notice shall be deemed served on the date of delivery as indicated on the return receipt bearing such notification.

3591.7 A notice of a proposed enforcement action shall include the following:

(a) The nature of the proposed enforcement action;

(b) The effective date of the proposed action;

(d) In the case of a license suspension, the time period of the proposed suspension;

(e) A statement informing the applicant or program that it may make a request for a hearing by submitting a written request to the Office of Administrative Hearings within ten (10) days of receipt of the notice, or, in a matter in which a different time period is prescribed by law, within the applicable time period;

(f) A statement informing the applicant or program that the proposed action may become final without a hearing if the applicant or program fails to request a hearing within the time and in the manner specified; and

(g) In the case of a license suspension, revocation, or conversion, a statement informing the program that it shall be required to surrender its license upon final action to suspend, revoke, or convert the license to provisional or restricted status.

3592 HEARINGS

3592.1 Hearings shall be conducted by the Office of Administrative Hearings in accordance with these regulations and pursuant to rules and procedures established by that Office.

3592.2 Parties may participate in settlement negotiations prior to a hearing, and may enter into a negotiated settlement agreement or consent decree in lieu of a hearing.

3592.3 In each matter in which a hearing is requested, the Office of Administrative Hearings shall maintain an official record, and shall render its final decision in writing to all parties, accompanied by findings of fact and conclusions of law.

3592.4 Each hearing shall be conducted in accordance with the requirements of the District of Columbia Administrative Procedure Act, approved October 21, 1968 (82 Stat. 1208; D.C. Official Code § 2-509), unless otherwise provided in these regulations or in rules established by the Office of Administrative Hearings.

3593 JUDICIAL REVIEW

3593.1 Any person aggrieved by a final decision of the State Superintendent or of the Office of Administrative Hearings may appeal the decision to the District of Columbia Court of Appeals pursuant to section 11 of the District of Columbia Administrative Procedure Act, approved October 21, 1968 (82 Stat. 1209; D.C. Official Code § 2-510).

3594 CIVIL FINES, CRIMINAL PROSECUTION, AND INJUNCTIONS

3594.1 Civil fines and penalties may be imposed for any violation of the pre-k Act or of these regulations, pursuant to the District of Columbia Department of Consumer and Regulatory Affairs Civil Infractions Act of 1985, effective October 5, 1985 (D.C. Law 6-42, D.C. Official Code §§ 2-1801.01 et seq.) (hereinafter “Civil Infractions Act”). Adjudication of all charged infractions shall be conducted pursuant to Titles I through III of the Civil Infractions Act. Hearings shall be conducted in accordance with these regulations.

3594.2 The Attorney General may bring a civil action in the Superior Court of the District of Columbia to enjoin any violation of the Civil Infractions Act.

3599 DEFINITIONS

When used in this chapter, the following terms shall have the meanings ascribed.

Abuse - the physical or mental injury of a child by a parent, guardian or custodian, under circumstances that indicate that the child's health or welfare is significantly harmed or at risk of being significantly harmed. Abuse includes sexual abuse of a child, whether or not physical injuries are sustained.

Adult - a person who is eighteen (18) years of age or older.

Assistant Teacher - an individual who provides for the education, direct care, supervision, and guidance of, children in a pre-k program and who is subordinate to the Teacher.

Child Development Associate (CDA) - a credential obtained under the award system of the Council for Professional Recognition.

Community-based organization (CBO) - Head Start or early childhood education program operated by a non-profit or faith-based organization, or organization that participates in local or federally-funded early childhood programs, including the Child Care Subsidy Program.

CPR - cardiopulmonary resuscitation.

Child (or Children) - an individual or individuals of pre-k age.

Developmentally Appropriate Practice – care and education that promotes children’s optimal learning and development and is grounded in research on child development, learning, and educational effectiveness.

Director (or Principal) - an individual in charge of the day-to-day operations of the pre-k program.

Early Learning Standards: Infants, Toddlers, and Pre-kindergarten (ELS) - Educational standards as approved by the State Board of Education on December 17, 2008 and available on the OSSE website.

Family - 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.

Fever - a temperature of one hundred degrees Fahrenheit (100° F) or higher if taken under the arm, one hundred and one degrees Fahrenheit (101° F) if taken orally, or one hundred and two degrees Fahrenheit (102° F) if taken rectally.

High-Quality or “HQ” Standards - high-quality content standards and program requirements for pre-k programs established by the OSSE, including but not limited to:

(a) Adult-to-child ratio;

(b) Comprehensive curriculum aligned to the DC Early Learning Standards;

(d) Minimum hours and days of operation;

(e) Valid and reliable assessments;

(f) Teacher qualifications;

(g) Professional development and training plan;

(h) Plan to foster parental support and involvement;

(i) Plan to coordinate support of services;

(j) Plan to ensure inclusion of children with disabilities, in accordance with federally-stated goals;

(k) Facilities requirements; and

(l) Process for continuous improvement, classroom assessment, and child outcome assessment.

Income - 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.

Instructional Day - that portion of the school day consisting of six and a half (6.5) hours of purposeful, well-planned, and developmentally appropriate practice, including lunch time and other such activities that develop social, emotional, cognitive, and physical skills. Instructional day does not include nap/rest time.

Licensed Health Care Practitioner - a Physician, a Nurse-Practitioner (also known as an Advanced Practice Registered Nurse), or a Physician’s Assistant licensed to practice health care by the D.C. Board of Medicine or Board of Nursing, or by a comparable body in another state.

Licensee - a pre-k program licensed pursuant to these regulations, or the operator of such a Facility.

Neglect - the failure to provide care, services and supervision necessary to avoid physical harm or mental anguish.

Non-Ambulatory Child - a child who is: (1) unable to leave a building under emergency conditions without assistance; (2) unable to walk forward or backward without assistance; (3) unable to go up or down steps without assistance; or (4) dependent upon mechanical aids such as crutches, walkers or wheelchairs.

OSSE - the District of Columbia Office of the State Superintendent of Education, established by by Section 2 of the State Education Office Establishment Act of 2000, effective October 21, 2000 (D.C. Law 13-176; D.C. Official Code § 38-2601)

Parent - the mother or father of a child, by blood, adoption, foster care placement, or appointment as legal guardian or custodian of that child by a court of competent jurisdiction.

Pre-k - the educational gradation available to children of pre-kindergarten age for the two (2) years prior to their eligibility for enrollment in kindergarten.

Pre K Act of 2008 - the Pre-k Enhancement and Expansion Amendment Act of 2008, D.C. Law 17-202, effective July 18, 2008 (D.C. Official Code § 38-271.01 et seq.).

Pre-k age - children three (3) or four (4) years of age, and children who become five (5) years of age after September 30 of the upcoming school year.

Pre-k services - 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.

Pre-k program (or Program) - 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.

Principal (or Director) - an individual in charge of the day-to-day operations of the pre-k Program.

Professional development - 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.

Program space - a space within the program facility, exclusive of: food preparation areas, kitchens, bathrooms, toilets, offices, staff rooms, corridors, hallways, stairways, closets, lockers, laundry rooms, furnace rooms, file cabinets, storage spaces, and non-movable furniture that is not designed for the use of children.

Residence - 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.

Special needs - conditions or characteristics of a person that reflect a need for particular care, services or treatment, most commonly physical and/or mental disabilities and/or delays.

Staff (or Staff Member) - an adult who provides care and education services to children in a pre-k facility, whether compensated or uncompensated by the program, including volunteers.

State Superintendent - the State Superintendent of Education for the District of Columbia.

Teacher - an individual who is in charge of, and responsible for the education, direct care, supervision, and guidance of, children in a pre-k program.

Technical assistance - 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.

Unusual Incident - any accident, injury, or other extraordinary event that involves a child in care, a staff member, or the operation of a child development facility, including suspected child maltreatment or abuse.

Volunteer - a person rendering services to a child development facility without compensation by the facility, including a person rendering services as part of an internship or otherwise under the auspices of an educational or training program.

Workforce development - 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.

Persons wishing to comment on this rule should submit their comments in writing to Kerri L. Briggs, PhD, State Superintendent of Education, 810 First Street, NE, 9th Floor, Washington, D.C. 20002, Attention: Pre-k Education System Proposed Rules, Jessica Morffi; or to www.osse.publiccomment@dc.gov. All comments must be received no later than thirty (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.

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Rules:: 5-A35005-A35015-A35025-A35035-A35045-A35055-A35065-A35075-A35085-A35095-A35105-A35115-A35125-A35135-A35145-A35155-A35165-A35175-A35185-A35195-A35205-A35215-A35225-A35235-A35245-A35255-A35265-A35275-A35285-A35295-A35305-A35315-A35325-A35335-A35345-A35355-A35365-A35375-A35385-A35395-A35405-A35415-A35425-A35435-A35445-A35455-A35465-A35475-A35485-A35495-A35505-A35515-A35525-A35535-A35545-A35555-A35565-A35575-A35585-A35595-A35605-A35615-A35625-A35635-A35645-A35655-A35665-A35675-A35685-A35695-A35705-...