D.C. Mun. Regs. tit. 5, r. 5-A1000
This chapter is promulgated pursuant to Sections 4073 and 4074 of the Healthy Tots Act of 2014, effective February 26, 2015 (D.C. Law 20-155; D.C. Official Code §§ 38-282 and 38-283) ("the Act").
The purpose of this chapter is to implement the requirements of the Act, as amended.
All child development facilities must participate in the Child and Adult Care Food Program (CACFP) authorized by Section 17 of the National School Lunch Act, approved October 7, 1975 (89 Stat. 522; 42 U.S.C. § 1766) and comply with the rules issued pursuant to this chapter if fifty-percent (50%) or more of the enrolled children are eligible for subsidized child care unless the child development facility is exempted from participation through a waiver from the Office of the State Superintendent of Education (OSSE).
An eligible child is child who is a District resident who occupies a slot funded in whole or in part by the subsidized child care, authorized by section 3 of the Day Care Policy Act of 1979, effective September 19, 1979 (D.C. Law 3-16; D.C. Official Code § 4-402) , the Uniform Per Student Funding Formula for Public Schools and Public Charter Schools Act of 1998, effective March 26, 1999 (D.C. Law 12-207; D.C. Official Code §§ 38-2901 et seq.), or the District of Columbia Public Schools' Head Start program.
A child development facility may be eligible for a waiver exempting the facility from participation in the CACFP if the facility demonstrates to OSSE that participation in the CACFP constitutes a hardship or proves the facility is exempt under Subsection 1000.10 of this chapter.
OSSE shall accept applications for a waiver exempting a child development facility from participating in CACFP on an annual basis.
OSSE shall determine whether good cause exists to grant the child development facility a waiver from participating in the CACFP based on the facility's application and any other information available to OSSE. If OSSE grants a waiver, OSSE shall provide written notice to the facility that it is excused from participating in the CACFP for the one (1) year following the date of the notice.
Applications for waiver exempting a child development facility from participating in CACFP shall be in a format and shall contain the information designated by OSSE.
To the extent possible, OSSE shall work with a child development facility granted a waiver to address barriers to participating in the CACFP.
A child development facility shall be exempt from participation in the CACFP through a waiver from OSSE if:
D.C. Mun. Regs. tit. 5, r. 5-A1000