Code of the District of Columbia

§ 1–325.431. Early Childhood Educator Pay Equity Fund.

*NOTE: This section includes amendments by temporary legislation that will expire on December 30, 2022. To view the text of this section after the expiration of all emergency and temporary legislation, click this link: Permanent Version.*

(a) There is established as a special fund the Early Childhood Educator Pay Equity Fund ("Fund"), which shall be administered by the Office of the State Superintendent of Education 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, $73,883,680 in local funds;

(4) In Fiscal Year 2025, $74,878,268 in local funds ("base amount"); and

(5) Beginning with Fiscal Year 2026, and annually thereafter, an amount equal to the base amount increased each year by the Consumer Price Index for All Urban Consumers for the Washington-Arlington-Alexandria, DC-MD-VA-WV Metropolitan Statistical Area (or such successor metropolitan statistical area that includes the District) increase for the preceding calendar year; and

(6) Any additional appropriated funds.

(c) The Fund shall be used to:

(1) Support the implementation of an employee compensation salary scale to increase the minimum compensation for employees of early childhood development providers as passed or approved by Council;

(1A) With funds appropriated in Fiscal Year 2022, create an early educator pay parity program that will provide direct payments to employees of early childhood development providers in accordance with the recommendations of the Early Childhood Educator Equitable Compensation Task Force reports submitted to the Council on January 14, 2022, and by April 15, 2022; and

(2) Pay agency administrative costs related to implementing the early educator pay parity program authorized in paragraph (1A) of this subsection or increasing the minimum compensation for employees of early childhood development providers pursuant to a salary scale passed or approved by the Council, including personnel costs, grantee or vendor costs related to distributing pay supplements to early educators, or costs related to providing technical assistance to early childhood development providers; provided, that such administrative costs shall not exceed $5,390,878 in Fiscal Year 2022 and in any fiscal year thereafter 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) For the purposes of this section, the term "Early childhood development provider" shall have the same meaning as provided in § 38-271.01(1G).

[(f)] Notwithstanding § 1-328.13, the Office of the State Superintendent of Education may enter into a sole source grant agreement in Fiscal Year 2022 for the purpose of implementing the early educator pay parity program by distributing direct payments to employees of early childhood development providers, as authorized pursuant to subsection (c)(1A) of this section.