B 26-0434

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2Chairman Phil Mendelson
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5A BILL
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7_______
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9IN THE COUNCIL OF THE DISTRICT OF COLUMBIA
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11___________________________
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14 To amend, on a temporary basis, the Day Care Policy Act of 1979 to update the minimum salaries
15child development facilities must pay assistant and lead teachers beginning in January 2026
16to participate in the Early Childhood Educator Pay Equity Program, incorporate the Early
17Childhood Educator Equitable Compensation Task Force and the Early Childhood
18Educator Pay Equity Fund into the act, and to make conforming amendments.
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20BE IT ENACTED BY THE COUNCIL OF THE DISTRICT OF COLUMBIA, That this
21 act may be cited as the “Early Childhood Educator Pay Scales Temporary Amendment Act of
22 2025”.
23Sec. 2. The Day Care Policy Act of 1979, effective September 19, 1979 (D.C. Law 3-16;
24 D.C. Official Code § 4-401 et seq.), is amended as follows:
25(a) Section 2 (D.C. Official Code § 4-401) is amended as follows:
26(1) A new paragraph (3A-i) is added to read as follows:
27“(3A-i) The term “Community-based organization” means a Head Start or early
28 childhood education program operated by a nonprofit entity, faith-based organization, or other
29 entity that participates in federally funded early childhood programs.”.
30(2) Paragraph (4A) is amended by striking the phrase “section 5102 of the Early
31 Childhood Educator Pay Equity Fund Establishment Act of 2021, effective November 13, 2021
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32 (D.C. Law 24-45; D.C. Official Code § 1-325.431)” and inserting the phrase “section 11d” in its
33 place.
34(3) Paragraph (4C) is amended by striking the phrase “section 11b(b)-(c)” and
35 inserting the phrase “section 11b” in its place.
36(4) A new paragraph (5C-i) is added to read as follows:
37“(5C-i) The term “Subsidy” means supplemental payments made by the Mayor
38 pursuant to section 5a.”.
39(b) Section 11a (D.C. Official Code § 4-410.01) is amended as follows:
40(1) Subsection (b) is repealed.
41(2) The lead-in language in subsection (c) is amended to read as follows:
42“(c) By February 1, 2024, and on a triennial basis thereafter, OSSE shall conduct a cost
43 modeling analysis to estimate the costs of care for child development facilities in the District,
44 which shall incorporate the cost of implementing the ECE salary scale established and updated
45 pursuant to section 11b, and submit a report to the Council that includes:”.
46(b) Section 11b (D.C. Official Code § 4-410.02) is amended as follows:
47(1) Subsection (b-1) is amended as follows:
48(A) Designate the existing text as paragraph (1).
49(B) The lead-in language of the newly designated paragraph (1) is
50 amended by striking the phrase “September 30, 2026” and inserting the phrase “December 31,
51 2025” in its place.
52(C) A new paragraph (2) is added to read as follows:
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53“(2) From January 1, 2026, through September 30, 2026, child development
54 facilities that enter or have entered into a contract or agreement with the Department to receive
55 monies from the Early Childhood Educator Pay Equity Fund shall use such monies to pay, at
56 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
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     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
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59(3) Subsection (c) is amended to read as follows:
60(A) Paragraph (1) is amended to read as follows:
61“(1) Beginning February 1, 2026, and annually by February 1 thereafter, the
62 Department shall provide a public report to the Council and to the members of the Early
63 Childhood Educator Equitable Compensation Task Force pursuant to section 15(c) that analyzes
64 possible updates to the minimum salaries for assistant and lead teachers for the following fiscal
65 year. The analysis will consider the salary tables from the past three years in subsection (b-1) of
66 this section. The report shall include:
67“(A) Recommended minimum salaries for the upcoming fiscal year,
68 adjusted to reflect the year-over-year percentage change in the Chained Consumer Price Index
69 for All Urban Consumers for the Washington-Baltimore, DC-MD-VA-WV area;
70“(B) A comparison of the District’s current minimum salaries with those
71 in surrounding jurisdictions, including educators in pre-kindergarten and kindergarten
72 classrooms, and recommendations for keeping District salaries competitive across the region;
73“(C) A comparison of the District’s current minimum salaries with those
74 for comparable positions under the current operative contract with the Washington Teachers’
75 Union;
76“(D) An assessment of the projected funding needed for the upcoming
77 fiscal year to make full payments to all child development facilities with existing agreements
78 with the Department to implement the ECE salary scale based on the current and recommended
79 salaries;
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80“(E) A discussion of the Early Childhood Pay Equity Program impacts and
81 outcomes, and recommendations, if any, for improving the program’s impact, funding formula,
82 or administrative operations to enhance outcomes and cost efficacy.”.
83(B) Paragraph (3) is repealed.
84(2) Subsection (d)(1) is amended as follows:
85(A) Subparagraph (A) is amended by striking the phrase “; or” and
86 inserting a semicolon in its place.
87(B) Subparagraph (B) is amended by striking the period and inserting the
88 phrase “; or” in its place.
89(C) A new paragraph (C) is added to read as follows:
90“(C) Revise, consistent with appropriations, the minimum salaries
91 provided in subsection (b-1) of this section by rule issued pursuant to Title I of the District of
92 Columbia Administrative Procedure Act, approved October 21, 1968 (82 Stat. 1024; D.C.
93 Official Code § 2-501 et seq.).”.
94(3) New subsections (e) is added to read as follows:
95“(e) The Chief Financial Officer shall report to the Council on a quarterly basis indicating
96 the fiscal year expenditures from the Early Childhood Educator Pay Equity Fund (“Fund”) to
97 date and the total amount of funds remaining in the Fund. The report shall be submitted no later
98 than 21 days following the end of each quarter.
99(c) Section 11d (D.C. Official Code § 4-410.04) is revived and amended to read as
100 follows:
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101“Sec. 11d. Early Childhood Educator Pay Equity Fund.
102“(a) There is established as a special fund the Early Childhood Educator Pay Equity Fund
103 (“Fund”), which shall be a continuation of the fund established by the Early Childhood Educator
104 Pay Equity Fund Establishment Act of 2021, effective November 13, 2021 (D.C. Law 24-45;
105 D.C. Official Code § 1-325.431), and administered by the Department in accordance with
106 subsection (c) of this section.
107“(b) The following funds shall be deposited into the Fund:
108“(1) In Fiscal Year 2022, $53,920,878 in local funds;
109“(2) In Fiscal Year 2023, $72,889,092 in local funds;
110“(3) In Fiscal Year 2024, $69,508,332 in local funds;
111“(4) In Fiscal Year 2025, $70,000,000 in local funds; and
112“(5) In Fiscal Year 2026, $72,126,902 in local funds.
113“(c) The Fund shall be used to:
114“(1) Support the implementation of the Early Childhood Educator Pay Equity
115 Program.
116“(2) Subject to appropriations, reduce health insurance premiums paid by child
117 development facilities, or employees of child development facilities eligible to receive the
118 minimum salaries listed in section 11b, pursuant to an agreement with the DC Health Benefit
119 Exchange.
120“(3)(A) Pay the Department administrative costs related to implementing the
121 Early Childhood Educator Pay Equity Program, which may include:
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122“(i) Personnel and associated non-personnel costs;
123“(ii) Grantee or contractor costs related to distributing Fund
124 monies; and
125“(iii) Costs related to providing technical assistance to child
126 development facilities.
127“(B) Administrative costs authorized to be paid pursuant to subparagraph
128 (A) of this paragraph shall not exceed 5% of the annual amount deposited in the Fund.
129“(d)(1) Money deposited into the Fund but not expended in a fiscal year shall not revert
130 to the unassigned fund balance of the General Fund of the District of Columbia at the end of a
131 fiscal year, or at any time.
132“(2) Subject to authorization in an approved budget and financial plan, any funds
133 appropriated in the Fund shall be continually available without regard to fiscal year limitation.
134“(e) Unless otherwise prohibited by federal law, lump-sum payments an individual
135 receives from the Fund shall not be counted as income or assets:
136“(1) For the purposes of determining eligibility or calculating benefits under the
137 District of Columbia Public Assistance Act of 1982, effective April 6, 1982 (D.C. Law 4-101,
138 D.C. Official Code § 4-201.01 et seq.); and
139“(2) For the purpose of determining eligibility or calculating benefits for the
140 following benefit programs:
141“(A) D.C. HealthCare Alliance, referenced in Section 8(2) of the
142 Department of Health Care Finance Establishment Act of 2007, effective February 27, 2008
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143 (D.C. Law 17-109; D.C. Official Code § 7-771.07(2)), or any subsequent program established to
144 provide public health insurance coverage to residents ineligible for Medicaid;
145“(B) Educational scholarships the District administers with local funds;
146“(C) Home Purchase Assistance Program, referenced in section 3a of the
147 Home Purchase Assistance Fund Act of 1978, effective July 1, 2016 (D.C. Law 21-139; D.C.
148 Official Code § 42-2602.01);
149“(D) Housing subsidy vouchers issued through the Rent Supplement
150 Program, established by section 26 of the District of Columbia Housing Authority Act of 1999,
151 effective March 2, 2007 (D.C. Law 16-192; D.C. Official Code § 6-226);
152“(E) Grandparent Caregiver Program established by section 102 of the
153 Grandparent Caregivers Pilot Program Establishment Act of 2005, effective March 8, 2006 (D.C.
154 Law 16-69; D.C. Official Code § 4-251.02);
155“(F) Close Relative Caregiver Program, established by section 102 of the
156 Close Relative Caregiver Subsidy Pilot Program Establishment Amendment Act of 2019,
157 effective November 26, 2019 (D.C. Law 23-32; D.C. Official Code § 4-251.22); and
158“(G) Other District government benefit programs administered with local
159 funds, including Strong Families, Strong Futures.”.
160(e) A new section 15c is added to read as follows:
161“Sec. 15c. Early Childhood Educator Equitable Compensation Task Force Establishment.
162“(a)(1) There is established by the Council an Early Childhood Educator Equitable
163 Compensation Task Force (“Task Force”), which shall have, as of the effective date of the Early
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164 Childhood Educator Pay Scales Amendment Act of 2025, passed by the Committee of the Whole
165 on October ___, 2025 (Committee print of Bill 26-176) (“ECE Pay Scales Amendment Act”), the
166 same members as the Early Childhood Educator Equitable Compensation Task Force established
167 pursuant to the Early Childhood Educator Equitable Compensation Task Force Act of 2021,
168 effective November 13, 2021 (D.C. Law 24-45, D.C. Official Code § 38-2241 et seq.), until their
169 successors are appointed.
170“(b)(1) The Task Force shall be composed of the Chairman of the Council, or his or her
171 designee, the State Superintendent of Education, or his or her designee, and 12 District residents,
172 appointed by the Chairman, representing the following entities or groups:
173“(A) Families whose children are receiving or have received early
174 childhood education or childcare services from early childhood development facilities in the
175 District;
176“(B) Community-based organizations;
177“(C) Early childhood education associations, advocacy or research
178 organizations;
179“(D) Operators of child development facilities who participate in the
180 childcare subsidy programs;
181“(E) Operators of child development facilities who do not currently
182 participate in the childcare subsidy program;
183“(F) Operators of home-based child development facilities;
184“(G) Employees of child development facilities; and
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185“(H) An individual with an expertise in economics or policy, who has an
186 understanding of the District’s early childhood development and education sector.
187“(3) At least two members of the Task Force shall be employees of child
188 development facilities, one of whom shall be a participant in the Early Childhood Educator Pay
189 Equity Program.
190“(4) The Chairman, or his or her designee, shall serve as the Chairperson of the
191 Task Force.
192“(c) Following the effective date of the ECE Pay Scales Amendment Act, the Task Force
193 shall convene:
194(1) At least every 3rd calendar year starting in 2027; or
195(2) When deemed necessary by the Chairman of the Council.
196“(d) Within 60 days of the publication of the report pursuant to section 11b(c), the Task
197 Force shall meet and submit a response to the Council that:
198“(1) Reviews the Department’s report, the recommended salary scales, the Early
199 Childhood Educator Pay Equity Program funding formula, and the state of the early childhood
200 education workforce; and
201(2) Makes recommendations to improve systemic supports.
202“(e) Should a vacancy occur on the Task Force after the effective date of the ECE Pay
203 Scales Amendment Act the Chairman, in consultation with the State Superintendent of
204 Education, shall appoint an individual to fill the vacancy whose qualifications and experience are
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205 comparable to those of the individual who vacated the role, and whose appointment maintains
206 the composition requirements set for in subsection (b) of this section.”.
207Sec. 3. The Early Childhood Pay Equity Fund Establishment Act of 2021, effective
208 November 13, 2021 (D.C. Law 24-45; D.C. Official Code § 1-325.431), is repealed.
209Sec. 4. The Early Childhood Educator Equitable Compensation Task Force Act of 2021,
210 effective November 13, 2021 (D.C. Law 24-45, D.C. Official Code § 38-2241 et seq.), is
211 repealed.
212Sec. 5. Fiscal impact statement.
213The Council adopts the fiscal impact statement in the committee report as the fiscal
214 impact statement required by section 4a of the General Legislative Procedures Act of 1975,
215 approved October 16, 2006 (120 Stat. 2038; D.C. Official Code § 1-301.47a).
216Sec. 6. Effective date.
217This act shall take effect following approval by the Mayor (or in the event of veto by the
218 Mayor, action by the Council to override the veto) and a 30-day period of congressional review
219 as provided in section 602(c)(1) of the District of Columbia Home Rule Act, approved December
220 24, 1973 (87 Stat. 813; D.C. Official Code § 1-206.02(c)(1)).
221(b) This act shall expire after 225 days of having taken effect.
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