Section 4-401 - Definitions As used in this chapter:
(1) The term "assistant teacher" means a child development facility employee in one of the following roles who cares for children aged 5 or under, toddlers, or infants:(A) Assistant teacher in a child development center, as defined in 5-A DCMR § 166.1, including an assistant teacher employed in a Pre-K Enhancement and Expansion Program Community Based Organization; or(B) Associate caregiver in an expanded child development home, as defined in 5-A DCMR § 171. (1A) The term "Associate's" means an associate's degree from an institution of higher education accredited by an agency recognized by the U.S. Secretary of Education or the Council for Higher Education Accreditation.(1B) The term "Bachelor's" means a bachelor's degree from a college or university accredited by an agency recognized by the U.S. Secretary of Education.(1C) The term "child" means an individual between 3 and 15 years of age.(1D) The term "Child Development Associate credential" means a credential recognized by the Council for Professional Recognition and accepted by the Office of the State Superintendent of Education to demonstrate competency as a caregiver for young children.(2) The term "child development center" means a child development facility for more than 5 children which provides a full day (more than 4 but less than 24 hours per day), part day (up to 4 hours per day) or before and after school child development program, including such programs provided during school vacations.(2A) The term "CDF payroll formula" means the child development facility payroll funding formula the Department establishes pursuant to section 3(b)(1).(2B) "Child development facility" means a center, home, or other structure that is licensed by the Office of the State Superintendent of Education to provide care and other services, supervision, and guidance for children, infants, and toddlers on a regular basis, regardless of its designated name. The term "child development facility" does not include a public or private elementary or secondary school engaged in legally required educational and related functions.(3) The term "child development home" means a private residence which provides a child development program for up to a total of 6 children with a ratio of one adult caregiver to 2 children if there are 2 or more children younger than 2 years of age in the group; provided, that each adult caregiver possesses a post-secondary degree in early childhood education or a related field as determined by the Office of the State Superintendent of Education, hold a current Child Development Associate ("CDA") credential, is enrolled in a CDA training program, or can provide evidence of enrollment in a CDA training program that will begin within 6 months of the first day of the adult caregiver's work with children at the child development home. The total of 6 children shall not include those of the caregiver who are 6 years or older; provided, that the total number of children of the caregiver between the ages of 6 and 15 years shall not exceed 3, and of those 3 children, no more than 2 shall be age 10 years or younger. A child development home shall also include care given to a child by a caregiver related to the child. For the purpose of this paragraph, the term "related" means any of the following relationships by marriage, blood, or adoption: Grandparent, parent, brother, sister, step-sister, step-brother, uncle, or aunt.(3A) The term "children of families who are at-risk" means children living in low-income working families with limited community and family resources or services available to them, such that they are at-risk of becoming dependent upon assistance from the TANF program.(3B) The term "concentrated poverty" means an area in which 40% or more of a census tract population lives below the federal poverty level, as updated periodically in the Federal Register by the United States Department of Health and Human Services pursuant to section 673(2) of the Community Services Block Grant Act, approved October 27, 1998 (112 Stat. 2729; 42 U.S.C. § 9902(2) ).(3C) The term "cost modeling analysis" means the methodology for determining the likely cost of delivering services and reimbursement rates to achieve financial solvency at each level of the District's current Quality Rating and Improvement system.(3D) The term "cost of care" means the daily per-child dollar amount necessary for a child development facility to deliver services to maintain financial solvency at each level of the District's current Quality Rating and Improvement system.(4) The term "Department" means the Office of the State Superintendent of Education (4A) The term "Early Childhood Educator Pay Equity Fund" means the special fund established pursuant to section 5102 of the Early Childhood Educator Pay Equity Fund Establishment Act of 2021, effective November 13, 2021 (D.C. Law 24-45; D.C. Official Code § 1-325.431).(4B) The term "ECE" means early childhood education.(4C) The term "ECE salary scale" means the early childhood educator salary scale for lead and assistant teachers established and updated pursuant to section 11 b(b).(4D) The term "infant" means an individual younger than 12 months of age.(5) The term "in-home care" means a child care program provided in a child's home by an in-home caregiver pursuant to § 4-411.(5A) The term "lead teacher" means a child development facility operator or employee in one of the following roles, who cares for children aged 5 and under, toddlers, or infants:(A) A teacher in a child development center, as defined in 5-A DCMR § 165.1, excluding a teacher employed to teach pre-kindergarten in a Pre-K Enhancement and Expansion Program Community Based Organization;(B) A child development home caregiver, as defined in 5-A DCMR § 168.1; or(C) An expanded child development home caregiver, as defined in 5-A DCMR § 170.2.(5B) [Repealed by 2022 Amendment.](5C) The term "Quality Rating Improvement System" or "QRIS" means the method utilized by the Office of the State Superintendent of Education to assess the level of quality of child care provided by a child development facility.(5D) The term "TANF" means the Temporary Assistance for Needy Families as defined in § 4-201.01.(6) The term "termination of employment" means loss of employment by a parent resulting from a reduction in force, or in the case of private employment, a layoff or reduction in personnel due to budgetary constraints of the employer.(7) The term "toddler" means an individual between 12 months of age and 36 months of age.(8) The term "vulnerable child" means: (A) A child with documented special needs;(B) A child experiencing homelessness;(C) A child in foster care;(D) A child receiving or needing to receive protective services;(E) A child of a parent with disabilities, either medical, psychological, or psychiatric in nature, that prevents them from performing a substantial amount of work; or(F) A child of a parent receiving vocational rehabilitation services.Amended by D.C. Law 24-167,§ IV-H-4073, 69 DCR 009223, eff. 9/21/2022.Sept. 19, 1979, D.C. Law 3-16, § 2, 26 DCR 20; Sept. 29, 1982, D.C. Law 4-163, § 2(a), 29 DCR 3974; Apr. 13, 1999, D.C. Law 12-216, § 2(a), 46 DCR 281; Aug. 16, 2008, D.C. Law 17-219, § 4006, 55 DCR 7598; Sept. 14, 2011, D.C. Law 19-21, § 4022, 58 DCR 6226; Dec. 17, 2014, D.C. Law 20-149, § 2, 61 DCR 8316; Oct. 30, 2018, D.C. Law 22-179, § 201(a), 65 DCR 9569. Fees relating to certificates of occupancy, see § 6-661.01. License requirements, regulation, modification, or elimination of by Council of the District of Columbia, see § 47-2842. Special public safety fee, "feepayer" defined, see § 47-2751. Taxes, tax credit, income including rent charged to licensed, nonprofit child development center, see § 47-1807.06. .