B 26-0433

                                                                     ENROLLED ORIGINAL
                                           AN ACT
                                            _______
                   IN THE COUNCIL OF THE DISTRICT OF COLUMBIA
                               ___________________________
To amend, on an emergency basis, the Day Care Policy Act of 1979 to update the minimum salaries
      child development facilities must pay assistant and lead teachers beginning in January 2026
      to participate in the Early Childhood Educator Pay Equity Program and to incorporate the
      Early Childhood Educator Equitable Compensation Task Force and the Early Childhood
      Educator Pay Equity Fund into the act; and to make conforming amendments.
       BE IT ENACTED BY THE COUNCIL OF THE DISTRICT OF COLUMBIA, That this
act may be cited as the “Early Childhood Educator Pay Scales Emergency Amendment Act of
2025”.
        Sec. 2. The Day Care Policy Act of 1979, effective September 19, 1979 (D.C. Law 3-16;
D.C. Official Code § 4-401 et seq.), is amended as follows:
        (a) Section 2 (D.C. Official Code § 4-401) is amended as follows:
                 (1) A new paragraph (3A-i) is added to read as follows:
                 “(3A-i) The term “community-based organization” means a Head Start or early
childhood education program operated by a nonprofit entity, faith-based organization, or other
entity that participates in federally funded early childhood programs.”.
                 (2) Paragraph (4A) is amended by striking the phrase “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)” and inserting the phrase “section 11d” in its
place.
                 (3) Paragraph (4C) is amended by striking the phrase “section 11b(b)-(c)” and
inserting the phrase “section 11b” in its place.
                 (4) A new paragraph (5C-i) is added to read as follows:
                 “(5C-i) The term “subsidy” means supplemental payments made by the Mayor
pursuant to section 5a.”.
        (b) Section 11a (D.C. Official Code § 4-410.01) is amended as follows:
                 (1) Subsection (b) is repealed.
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                                                                       ENROLLED ORIGINAL
                 (2) The lead-in language in subsection (c) is amended to read as follows:
         “(c) By February 1, 2024, and on a triennial basis thereafter, OSSE shall conduct a cost
modeling analysis to estimate the costs of care for child development facilities in the District,
which shall incorporate the cost of implementing the ECE salary scale established and updated
pursuant to section 11b, and submit a report to the Council that includes:”.
         (b) Section 11b (D.C. Official Code § 4-410.02) is amended as follows:
                 (1) Subsection (b-1) is amended as follows:
                         (A) Designate the existing text as paragraph (1).
                         (B) The lead-in language of paragraph (1) is amended by striking the
phrase “September 30, 2026” and inserting the phrase “December 31, 2025” in its place.
                         (C) A new paragraph (2) is added to read as follows:
                 “(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  $51,576/year ($24.80/hour)
college-level coursework in any field
Table 2: Lead Teacher Minimum Salaries
Credential Level  Minimum Salary
Child development center teacher or expanded $48,736/year ($23.43/hour)
child development home caregiver with a CDA
Child development home caregiver with a CDA $51,576/year ($24.80/hour)
Associate in ECE; associate with at least 12  $60,678/year ($29.17/hour)
credit hours in ECE; 60 college credit hours
with at least 12 credit hours in ECE
Bachelor’s or higher in ECE; or bachelor’s or $71,010/year ($34.14/hour)
higher with at least 12 credit hours in ECE
               (3) Subsection (c) is amended as follows:
                      (A) Paragraph (1) is amended to read as follows:
       “(c)(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
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                                                                       ENROLLED ORIGINAL
consider the salary tables provided in subsection (b-1) of this section from the past 3 years. The
report shall include:
                        “(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;
                        “(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;
                        “(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;
                        “(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
                        “(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.”.
                        (B) Paragraph (3) is repealed.
                (2) Subsection (d)(1) is amended as follows:
                        (A) Subparagraph (A) is amended by striking the phrase “; or” and
inserting a semicolon in its place.
                        (B) Subparagraph (B) is amended by striking the period and inserting the
phrase “; or” in its place.
                        (C) A new subparagraph (C) is added to read as follows:
                        “(C) Revise, consistent with appropriations, the minimum salaries
provided in subsection (b-1) of this section by rule issued pursuant to Title I of the District of
Columbia Administrative Procedure Act, approved October 21, 1968 (82 Stat. 1024; D.C.
Official Code § 2-501 et seq.).”.
                (3) A new subsection (e) is added to read as follows:
        “(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.”.
        (c) Section 11d (D.C. Official Code § 4-410.04) is revived and amended to read as
follows:
        “Sec. 11d. Early Childhood Educator Pay Equity Fund.
        “(a) There is established as a special fund the Early Childhood Educator Pay Equity Fund
(“Fund”), which shall be a continuation of the fund established by the Early Childhood Educator
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                                                                        ENROLLED ORIGINAL
Pay Equity Fund Establishment Act of 2021, effective November 13, 2021 (D.C. Law 24-45;
D.C. Official Code § 1-325.431), and administered by the Department in accordance with
subsection (c) of this section.
        “(b) The following funds shall be deposited into the Fund:
                 “(1) In Fiscal Year 2022, $53,920,878 in local funds;
                 “(2) In Fiscal Year 2023, $72,889,092 in local funds;
                 “(3) In Fiscal Year 2024, $69,508,332 in local funds;
                 “(4) In Fiscal Year 2025, $70,000,000 in local funds; and
                 “(5) In Fiscal Year 2026, $72,126,902 in local funds.
        “(c) The Fund shall be used to:
                 “(1) Support the implementation of the Early Childhood Educator Pay Equity
Program;
                 “(2) Subject to appropriations, reduce health insurance premiums paid by child
development facilities, or employees of child development facilities eligible to receive the
minimum salaries listed in section 11b, pursuant to an agreement with the District of Columbia
Health Benefit Exchange; and
                 “(3)(A) Pay the Department administrative costs related to implementing the
Early Childhood Educator Pay Equity Program, which may include:
                                 “(i) Personnel and associated non-personnel costs;
                                 “(ii) Grantee or contractor costs related to distributing Fund
monies; and
                                 “(iii) Costs related to providing technical assistance to child
development facilities.
                         “(B) Administrative costs authorized to be paid pursuant to subparagraph
(A) of this paragraph shall not exceed 5% of the annual amount deposited in the Fund.
        “(d)(1) Money deposited into the Fund but not expended in a fiscal year shall not revert
to the unassigned fund balance of the General Fund of the District of Columbia at the end of a
fiscal year, or at any time.
                 “(2) Subject to authorization in an approved budget and financial plan, any funds
appropriated in the Fund shall be continually available without regard to fiscal year limitation.
        “(e) Unless otherwise prohibited by federal law, lump-sum payments an individual
receives from the Fund shall not be counted as income or assets:
                 “(1) For the purposes of determining eligibility or calculating benefits under the
District of Columbia Public Assistance Act of 1982, effective April 6, 1982 (D.C. Law 4-101;
D.C. Official Code § 4-201.01 et seq.); and
                 “(2) For the purpose of determining eligibility or calculating benefits for the
following benefit programs:
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                                                                       ENROLLED ORIGINAL
                       “(A) D.C. HealthCare Alliance, referenced in section 8(2) of the
Department of Health Care Finance Establishment Act of 2007, effective February 27, 2008
(D.C. Law 17-109; D.C. Official Code § 7-771.07(2)), or any subsequent program established to
provide public health insurance coverage to residents ineligible for Medicaid;
                       “(B) Educational scholarships the District administers with local funds;
                       “(C) Home Purchase Assistance Program, referenced in section 3a of the
Home Purchase Assistance Fund Act of 1978, effective July 1, 2016 (D.C. Law 21-139; D.C.
Official Code § 42-2602.01);
                       “(D) Housing subsidy vouchers issued through the Rent Supplement
Program, established by section 26a of the District of Columbia Housing Authority Act of 1999,
effective March 2, 2007 (D.C. Law 16-192; D.C. Official Code § 6-226);
                       “(E) Grandparent Caregiver Program established by section 102 of the
Grandparent Caregivers Pilot Program Establishment Act of 2005, effective March 8, 2006 (D.C.
Law 16-69; D.C. Official Code § 4-251.02);
                       “(F) Close Relative Caregiver Program, established by section 102 of the
Close Relative Caregiver Subsidy Pilot Program Establishment Amendment Act of 2019,
effective November 26, 2019 (D.C. Law 23-32; D.C. Official Code § 4-251.22); and
                       “(G) Other District government benefit programs administered with local
funds, including Strong Families, Strong Futures.”.
        (e) A new section 15c is added to read as follows:
        “Sec. 15c. Early Childhood Educator Equitable Compensation Task Force.
        “(a)(1) There is established by the Council an Early Childhood Educator Equitable
Compensation Task Force (“Task Force”), which shall have, as of the effective date of the Early
Childhood Educator Pay Scales Emergency Amendment Act of 2025, passed on emergency basis
on October 21, 2025 (Enrolled version of Bill 26-433) (“ECE Pay Scales Amendment Act”), the
same members as the Early Childhood Educator Equitable Compensation Task Force established
pursuant to the Early Childhood Educator Equitable Compensation Task Force Act of 2021,
effective November 13, 2021 (D.C. Law 24-45, D.C. Official Code § 38-2241 et seq.), until their
successors are appointed.
        “(b)(1) The Task Force shall be composed of the Chairman of the Council, or his or her
designee, the State Superintendent of Education, or his or her designee, and 12 District residents,
appointed by the Chairman, representing the following entities or groups:
                       “(A) Families whose children are receiving or have received early
childhood education or childcare services from early childhood development facilities in the
District;
                       “(B) Community-based organizations;
                       “(C) Early childhood education associations, advocacy or research
organizations;
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                                                                      ENROLLED ORIGINAL
                        “(D) Operators of child development facilities who participate in the
childcare subsidy programs;
                        “(E) Operators of child development facilities who do not currently
participate in the childcare subsidy program;
                        “(F) Operators of home-based child development facilities;
                        “(G) Employees of child development facilities; and
                        “(H) An individual with an expertise in economics or policy, who has an
understanding of the District’s early childhood development and education sector.
                “(3) At least 2 members of the Task Force shall be employees of child
development facilities, one of whom shall be a participant in the Early Childhood Educator Pay
Equity Program.
                “(4) The Chairman, or his or her designee, shall serve as the Chairperson of the
Task Force.
        “(c) Following the effective date of the ECE Pay Scales Amendment Act, the Task Force
shall convene:
                “(1) At least every 3rd calendar year starting in 2027; or
                “(2) When deemed necessary by the Chairman of the Council.
        “(d) Within 60 days after the Department publishes the report required pursuant to
section 11b(c), the Task Force shall meet and submit a response to the Council that:
                 “(1) Reviews the Department’s report, the recommended salary scales, the Early
Childhood Educator Pay Equity Program funding formula, and the state of the early childhood
education workforce; and
                “(2) Makes recommendations to improve systemic supports.
        “(e) Should a vacancy occur on the Task Force after the effective date of the ECE Pay
Scales Amendment Act, the Chairman, in consultation with the State Superintendent of
Education, shall appoint an individual to fill the vacancy whose qualifications and experience are
comparable to those of the individual who vacated the role, and whose appointment maintains
the composition requirements set forth in subsection (b) of this section.”.
        Sec. 3. The Early Childhood Pay Equity Fund Establishment Act of 2021, effective
November 13, 2021 (D.C. Law 24-45; D.C. Official Code § 1-325.431), is repealed.
        Sec. 4. The Early Childhood Educator Equitable Compensation Task Force Act of 2021,
effective November 13, 2021 (D.C. Law 24-45, D.C. Official Code § 38-2241 et seq.), is
repealed.
       Sec. 5. Fiscal impact statement.
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                                                                      ENROLLED ORIGINAL
       The Council adopts the fiscal impact statement of the Budget Director as the fiscal impact
statement required by section 4a of the General Legislative Procedures Act of 1975, approved
October 16, 2006 (120 Stat. 2038; D.C. Official Code § 1-301.47a).
       Sec. 6. Effective date.
       This act shall take effect following approval by the Mayor (or in the event of veto by the
Mayor, action by the Council to override the veto) and shall remain in effect for no longer than
90 days, as provided for emergency acts of the Council of the District of Columbia in section
412(a) of the District of Columbia Home Rule Act, approved December 24, 1973 (87 Stat. 813;
D.C. Official Code § 1-204.12(a)).
               ___________________________________
               Chairman
               Council of the District of Columbia
_________________________________
Mayor
District of Columbia
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