3500.1 This chapter establishes regulations governing the allocation or award of pre-K enhancement and expansion funding to be distributed by the Office of the State Superintendent of Education (“OSSE”) to community-based organizations pursuant to the Pre-K Enhancement and Expansion Amendment Act of 2008 (the “Act”), effective July 18, 2008 (D.C. Law 17-202; D.C. Official Code §§ 38-271.01 et seq.).

3500.2 Pursuant to Section 201 of the Act (D.C. Official Code § 38-272.01) the purpose of this chapter is to establish the process for allocation or award of funding to community-based organizations providing high quality pre-K education services for pre-K age children, including allocations or awards where available appropriations are insufficient to fund the full amount of the uniform per student funding formula (“UPSFF”) established pursuant to Section 2401 of the District of Columbia School Reform Act of 1995, approved April 26, 1996 (110 Stat. 1321-107; D.C Official Code § 38-1804.01).

3500.3 To receive and maintain an allocation or award of funding under this chapter, each high quality pre-K program shall meet and maintain the following eligibility criteria:

1. (a) Be a community-based organization;
2. (b) Operate a pre-K education service in the District of Columbia;
3. (c) Prior to the provision of high quality pre-K education services to a child, the high quality pre-K program shall determine if the child:
4. (1) Is a resident of the District of Columbia, in reliance on the same type of documentation that may be used to establish residency for public school students pursuant to Section 12 of the Student Residency Requirement Act (D.C. Official Code § 38-309);
5. (2) Is or will be three (3) years of age or four (4) years of age on or before September 30 of the program year for which the child is being enrolled; and
6. (3) Is eligible for subsidized child care;
7. (d) Provide the support necessary to help families initially acquire or maintain subsidized child care if they are eligible;
8. (e) Enroll and maintain a class size of no fewer than fifteen (15) and no more

than sixteen (16) children in classrooms where the youngest child is three (3) years old or a class size of no fewer than sixteen (16) and no more than twenty (20) in classrooms where the youngest child is four (4) years old;

(f) Participate in the Child and Adult Care Food Program (CACFP), as authorized by Section 17 of the National School Lunch Act, approved October 7, 1975 (89 Stat. 522; 42 U.S.C. § 1766), unless exempted from participation through a waiver from OSSE;

(g) Operate Monday through Friday, beginning no earlier than 7:00 a.m.; provide at least six and a half (6.5) hours of pre-K education services, at least thirty-nine (39) weeks a year, for a total of at least one hundred eighty (180) days; and follow the holiday and closing calendar schedule of the District of Columbia Public Schools;

(h) Meet any other eligibility criteria established by OSSE.

SOURCE: Final Rulemaking at 63 DCR 1251 (February 5, 2016).