D.C. Code § 4-410.02 – Payments to child development facilities.

(a)
1. (1) By October 1, 2024, and on a triennial basis thereafter, the Department shall establish child care subsidy payment rates for child development facilities providing care for infants, toddlers, and children ages birth to 5.
2. (2) Subject to available appropriations, the child care subsidy rates shall be sufficient to provide a child development facility with funding to operate based on the cost modeling analysis conducted pursuant to section § 4-410.01(b).
(b) From October 1, 2024, through December 31, 2024, child development facilities that enter or have entered into a contract or agreement with the Department to receive monies from the Early Childhood Educator Pay Equity Fund shall use such monies to pay, at minimum, the salaries for assistant and lead teachers listed in the following tables:
Table 1: Assistant Teacher Minimum Salaries Credential Level Minimum Salary Less than a CDA $43,865/year CDA $51,006/year Associate $54,262/year
Table 2: Lead Teacher Minimum Salaries Credential Level Minimum Salary CDA or 48 credit hours with greater than or equal to 15 credit hours in ECE $54,262/year Associate in ECE or Associate's with greater than or equal to 24 credit hours in ECE $63,838/year Bachelor's in ECE or Bachelor's with greater than or equal to 24 credit hours in ECE $75,103/year
(b-1)
1. (1) From January 1, 2025, through December 31, 2025, child development facilities that enter or have entered into a contract or agreement with the Department to receive monies from the Early Childhood Educator Pay Equity Fund shall use such monies to pay, at minimum, the salaries for assistant and lead teachers listed in the following tables:
  Table 1: Assistant Teacher Minimum Salaries Credential Level Minimum Salary CDA $51,006/year ($24.52/hour) Associate degree or higher or 60 hours of college-level coursework in any field $54,262/year ($26.09/hour)
  Table 2: Lead Teacher Minimum Salaries Credential Level Minimum Salary Child development center teacher or expanded child development home caregiver with a CDA $51,006/year ($24.52/hour) Child development home caregiver with a CDA $54,262/year ($26.09/hour) Associate in ECE; associate with at least 12 credit hours in ECE; 60 college credit hours with at least 12 credit hours in ECE $63,838/year ($30.69/hour) Bachelor's or higher in ECE; or bachelor's or higher with at least 12 credit hours in ECE $75,103/year ($36.11/hour)
2. (2) From January 1, 2026, through September 30, 2026, child development facilities that enter or have entered into a contract or agreement with the Department to receive monies from the Early Childhood Educator Pay Equity Fund shall use such monies to pay, at minimum, the salaries for assistant and lead teachers listed in the following tables:
  Table 1: Assistant Teacher Minimum Salaries Credential Level Minimum Salary CDA $48,736/year ($23.43/hour) Associate degree or higher or 60 hours of college-level coursework in any field $51,576/year ($24.80/hour)
  Table 2: Lead Teacher Minimum Salaries Credential Level Minimum Salary Child development center teacher or expanded child development home caregiver with a CDA $48,736/year ($23.43/hour) Child development home caregiver with a CDA $51,576/year ($24.80/hour) Associate in ECE; associate with at least 12 credit hours in ECE; 60 college credit hours with at least 12 credit hours in ECE $60,678/year ($29.17/hour) Bachelor's or higher in ECE; or bachelor's or higher with at least 12 credit hours in ECE $71,010/year ($34.14/hour)
(b-2) The Department shall issue guidance to assist child development facilities with aligning the minimum salary requirements in subsections (b) and (b-1) of this section with the qualifications for child development facility assistant and lead teachers it has established by regulation.
(c)
1. (1) Beginning February 1, 2026, and annually by February 1 thereafter, the Department shall provide a public report to the Council and to the members of the Early Childhood Educator Equitable Compensation Task Force that analyzes possible updates to the minimum salaries for assistant and lead teachers for the following fiscal year. The analysis shall consider the salary tables provided in subsection (b-1) of this section from the past 3 years. The report shall include:
  1. (A) Recommended minimum salaries for the upcoming fiscal year, adjusted to reflect the year-over-year percentage change in the Chained Consumer Price Index for All Urban Consumers for the Washington-Baltimore, DC-MD-VA-WV area;
  2. (B) A comparison of the District's current minimum salaries with those in surrounding jurisdictions, including educators in pre-kindergarten and kindergarten classrooms, and recommendations for keeping District salaries competitive across the region;
  3. (C) A comparison of the District's current minimum salaries with those for comparable positions under the current operative contract with the Washington Teachers' Union;
  4. (D) An assessment of the projected funding needed for the upcoming fiscal year to make full payments to all child development facilities with existing agreements with the Department to implement the ECE salary scale based on the current and recommended salaries; and
  5. (E) A discussion of the Early Childhood Educator Pay Equity Program's impacts and outcomes, and recommendations, if any, for improving the program's impact, funding formula, or administrative operations to enhance outcomes and cost efficacy.
2. (2) The Department shall aim to maintain the ongoing solvency of the Early Childhood Educator Pay Equity Fund.
3. (3) Repealed.
(d)
1. (1) In the event that funds available in the Early Childhood Educator Pay Equity Fund are insufficient to cover the costs to implement the ECE salary scale, the Department may do any combination of the following:
  1. (A) Reduce CDF payroll formula payments to child development facilities to align with the availability of funds and issue guidance to facilities for adjusting implementation of the ECE salary scale for the fiscal year;
  2. (B) Reduce the number of child development facilities receiving CDF payroll formula payments, in which case the Department shall prioritize funding to child development facilities receiving subsidy payments pursuant to § 4-404.01; or
  3. (C) Revise, consistent with appropriations, the minimum salaries provided in subsection (b-1) of this section by rule issued pursuant to subchapter I of Chapter 5 of Title 2.
2. (2) The Department shall notify the Council of reductions authorized in paragraph (1) of this subsection at least 10 business days before the Department notifies child development facilities of such reductions.
(e) The Chief Financial Officer shall report to the Council on a quarterly basis indicating the fiscal year expenditures from the Early Childhood Educator Pay Equity Fund ("Fund") to date and the total amount of funds remaining in the Fund. The report shall be submitted no later than 21 days following the end of each quarter.

History

Sept. 19, 1979, D.C. Law 3-16, § 11b

Oct. 30, 2018, D.C. Law 22-179, § 201(d)

Sept. 11, 2019, D.C. Law 23-16, § 5143

Sept. 21, 2022, D.C. Law 24-167, § 4073(e)

Sept. 6, 2023, D.C. Law 25-50, § 4142

Sept. 18, 2024, D.C. Law 25-217, § 4083(c)

Dec. 6, 2025, D.C. Law 26-55, § 4033(b)(1)

Mar. 18, 2026, D.C. Law 26-100, § 2(c)

Applicability

Applicability of D.C. Law 22-179: § 301 of D.C. Law 22-179 provided that the creation of this section by § 201(d) of D.C. Law 22-179 is subject to the inclusion of the law’s fiscal effect in an approved budget and financial plan. Therefore that amendment has not been implemented.

Section 5142(c) of D.C. Law 23-16 amended section 301(a) of D.C. Law 23-16 removing the applicability provision impacting subsection (a)(1) and (6) of this section. Therefore, the addition of subsection (a)(1) and (6) of this section by section 201(d) of D.C. Law 22-179 (as amended by D.C. Law 23-16) has been implemented.

Section 4143 of D.C. Act 25-172 provided that the amendments to this section by § 4142 of D.C. Act 25-172 shall apply as of July 14, 2023.

Section 4143 of D.C. Law 25-50 provided that the amendments to this section by § 4142 of D.C. Law 25-50 shall apply as of July 14, 2023.

Emergency Legislation

For temporary (90 days) amendment of this section, see § 5143 of Fiscal Year 2020 Budget Support Emergency Act of 2019 (D.C. Act 23-91, July 22, 2019, 66 DCR 8497).

For temporary (90 days) amendment of this section, see § 5143 of Fiscal Year 2020 Budget Support Congressional Review Emergency Act of 2019 (D.C. Act 23-112, Sept. 4, 2019, 66 DCR 11964).

For temporary (90 days) amendment of this section, see § 4073(e) of Fiscal Year 2023 Budget Support Emergency Act of 2022 (D.C. Act 24-470, July 13, 2022, 69 DCR 008707).

For temporary (90 days) amendment of this section, see § 4142 of Fiscal Year 2024 Budget Support Emergency Act of 2023 (D.C. Act 25-172, July 14, 2023, 70 DCR 9933).

For temporary (90 days) amendment of this section, see § 4083 of Fiscal Year 2025 Budget Support Emergency Act of 2024 (D.C. Act 25-506, July 15, 2024, 71 DCR 8406).

For temporary (90 days) amendment of this section, see § 2(b)(3) of Early Childhood Educator Pay Scales Emergency Amendment Act of 2024 (D.C. Act 25-619, Oct. 31, 2024, 71 DCR 13549).

For temporary (90 days) amendment of this section, see § 2(b) of Early Childhood Educator Pay Scales Congressional Review Emergency Amendment Act of 2025 (D.C. Act 26-1, Jan. 29, 2025, 72 DCR 1126).

For temporary (90 days) amendment of this section, see § 4033(b) of Fiscal Year 2026 Budget Support Emergency Act of 2025 (D.C. Act 26-146, Sept. 3, 2025, 72 DCR 9623).

For temporary (90 days) amendment of this section, see § 2(b) of Early Childhood Educator Pay Scales Emergency Amendment Act of 2025 (D.C. Act 26-196, Nov. 10, 2025, 72 DCR 12882).

For temporary (90 days) amendment of this section, see § 4032(b) of Fiscal Year 2026 Budget Support Congressional Review Emergency Act of 2025 (D.C. Act 26-210, Nov. 24, 2025, 72 DCR 13514).

Temporary Legislation

For temporary (225 days) amendment of this section, see § 2(b) of Early Childhood Educator Pay Scales Temporary Amendment Act of 2024 (D.C. Law 25-286, Mar. 7, 2025, 71 DCR 14472).