By: Miriam Edelman
Members of Congress continue to introduce bills that would overrule a D.C. government-issued regulation and end home rule. These egregious pieces of legislation highlight the importance of D.C. statehood.
S. 4653/H.R. 8983
On July 10, 2024, Senator Mike Lee (R-UT) and Representative Nancy Mace (R-SC) each introduced the Childcare Worker Opportunity Act in his/her respective chamber. On July 10, 2024, Senator Mike Lee (R-UT) introduced S.4653 - A bill to repeal portions of a regulation issued by the State Superintendent of Education of the District of Columbia that require child care workers to have a degree, a certificate, or a minimum number of credit hours from an institution of higher education. This bill has just one Republican co-sponsor. On the same day, Representative Nancy Mace (R-SC) introduced H.R.8983 - To repeal portions of a regulation issued by the State Superintendent of Education of the District of Columbia that require child care workers to have a degree, a certificate, or a minimum number of credit hours from an institution of higher education. This identical bill to S. 4653 has zero co-sponsors.
On the same day, Lee issued a press release attacking D.C.’s “escalating childcare crisis.” Lee wrote that most D.C. parents cannot find child-care for their children who are pre-school age and that D.C. has the country’s most expensive child care. The press release said:
Rather than addressing these issues, the D.C. City Council enacted a 2016 law that exacerbates the shortage of childcare providers by requiring them to hold either an associate or bachelor’s degree. This regulation officially took effect in 2023 and is unique to D.C., with no substantial evidence suggesting that degree-holding childcare providers are more effective than those without a formal university education.
S. 4653/H.R. 8983 would repeal part of the State Superintendent of Education of the District of Columbia’s December 7, 2016 rule-making, ending the “requirement for childcare workers to have a degree, certificate, or a minimum number of credit hours from an institution of higher education to receive their official childcare license.”
Members of Congress made the following comments in the press release:
- Lee – “Parents in D.C. are facing an uphill battle with childcare costs spiraling out of control, making it a privilege only the wealthy can afford. The current regulations are not only impractical but also harmful, pushing skilled childcare workers out of their jobs. The Childcare Worker Opportunity Act aims to remove these barriers, offering immediate relief to families and ensuring children receive the care they need. This bill will bring much-needed flexibility and affordability to the District's childcare system at a time when families need it most.”
- Mace – “D.C. has overregulated the child care industry, much like everything else in this city. Subsequently, they’ve left families with no options. Our bill with Senator Lee repeals this burdensome regulation, giving parents affordable childcare options and providing greater work opportunities for those who wish to care for children.”
- Senator Katie Britt (R-AL) – “The shortage of common sense in Washington continues to make it harder and harder on American families. For example, a completely unnecessary D.C. requirement for childcare workers to hold a college degree contributed to depleting the local childcare workforce. The result: less and less childcare options for parents at increasingly higher costs. Reversing this rule would not only be a positive change for hardworking families in our nation’s capital, but it would send a strong signal reaffirming bipartisan support for making childcare more accessible and more affordable nationwide.”
The press release links to Lee’s one-pager on the Childcare Worker Opportunity Act. The one-pager’s first paragraph needlessly criticizes D.C.:
The District of Columbia simultaneously suffers from a crisis of student educational attainment and soaring childcare costs, creating a vicious cycle in which young people from poorer backgrounds routinely lack access to the very early-age developmental support required to succeed in academia and later life.
The fact-sheet reported that:
D.C. is one of the only areas in the country that requires a college degree to receive a childcare license, despite virtually no research suggesting that childcare providers with a college degree prove more effective than their counterparts without a formal university education.
On June 10th, Mace also issued a press release about the childcare legislation. It includes the same quotations of Mace, Lee, and Britt that are in Lee’s press release. Mace’s press release discussed a recent Under 3 DC survey:
A recent survey by Under 3 DC survey revealed 57% of parents said the lack and cost of early education would affect their ability to continue living in D.C. Families are burdened with exorbitant fees, often exceeding $2,600 a month, forcing parents to make difficult financial decisions:
- 52% of parents had to reduce their work hours.
- 46% declined opportunities for further education or training.
- 36% turned down promotions.
- 28% quit their jobs.
Interestingly, the Under 3 DC report had the following recommendation: “The District needs to continue its multifaceted program of supporting early educators to achieve needed credentials, including Child Development Associate credentials, associate’s degrees, and bachelor’s degrees.” Thus, Mace misused Under 3 DC’s report. DCNOW is a member of Under 3 DC (as was discussed in DCNOW’s blog piece, entitled “DCNOW Joins D.C. Local Statehood Table and Under 3 DC”).
Mace also posted the following on social media about the new childcare bill:
“Now introducing the Childcare Worker Opportunity Act alongside @SenMikeLee. 🧑🧒🧒
This legislation will repeal unnecessary regulation, help give parents more affordable options.”
The Childcare Worker Opportunity Act (2024) is not the first time that at least Lee and Mace tried to end D.C.’s education requirement for childcare workers. In 2021, they introduced bills about the same topic. As Members of Congress often reintroduce pieces of legislation that failed in a prior Congress, Lee’s and Mace’s new 2024 bills are not a surprise.
On March 2, 2021, Mace issued a press release about their 2021 bills. It included the following quotations:
- From Members of Congress:
o Mace – “It is absolutely ludicrous those who wish to care for children have to obtain a college degree to do so. Yet this is exactly the case in Washington, D.C. As a member of the Oversight Committee, which oversees the governance of the Federal City, it’s my job to provide sensible solutions to those struggling in our nation’s capital. Unemployment in D.C. is almost in the double-digits, and parents pay more and wait longer for child care in D.C. than anywhere else in the country. My bill with Senator Lee repeals this absurd regulation, giving parents affordable child care options while providing greater work opportunities for those who wish to care for children.”
o Lee – “These regulations disproportionately harm low-income workers and families in need of childcare, those looking to become childcare providers, and increase the already astronomically high price of childcare in the District. My bill would repeal these harmful regulations to increase opportunity for childcare workers, and help provide more affordable, flexible childcare for District families, which is needed now more than ever.”
- From external organizations:
o Independent Women’s Voice – “DC, which require that all child care workers have college degrees as a condition of employment. The Child Care Worker Opportunity Act would provide relief by rolling back that regulation. This is great news for parents struggling to pay for care and also for qualified, patient, and caring people working in the child care sector.”
o R Street Institute – “Washington, D.C. has the highest cost of childcare in the nation. These regulations serve to further increase the cost and reduce the accessibility of childcare, while also burdening childcare workers with unnecessary debt. I'm grateful to see Senator Lee and Representative Mace for working towards addressing these challenges.”
o American Principles Project – “Parents don't need a college degree to raise a child. So why should child care workers require a degree to take care of a child? The District of Columbia's requirement that certain child care providers obtain an associate or bachelor's degree is absurd, and unfortunately, it is likely responsible for barring otherwise qualified child care workers from earning a living, as well as driving up the overall cost of child care. During a pandemic when so many are struggling to find good work – and so many parents are struggling to find affordable, flexible care for their children – licensing requirements like those of the District are especially cruel. Sen. Lee's Child Care Worker Opportunity Act is a compassionate and commonsense measure to help working families, and APP fully endorses it.”
S. 4695
On July 11, 2024, Lee introduced “S.4695 – BOWSER Act” (Note that D.C.’s Mayor’s last name is Bowser.) This bill, which can also be referred to as the “Bringing Oversight to Washington and Safety to Every Resident Act,” would repeal the District of Columbia Home Rule Act (Public Law 93–198; 87 Stat. 774). This bill has just three Republican co-sponsors.
The very next day, U.S. Delegate Eleanor Holmes Norton (D-DC) issued a press release regarding Lee’s bill. She said:
We have rarely heard such extensive anti-democratic rhetoric from Republicans about the District of Columbia. Republicans are scared that D.C. is closer to statehood than ever, after the House passed my statehood bill twice and the Senate held a hearing on it. The Republican response is, predictably, to try to take away what small measure of democracy the nearly 700,000 D.C. residents, a majority of whom are Black and Brown, have. I will defeat their efforts, which only strengthen our case for statehood.
She noted that President Richard Nixon (Republican) signed the Home Rule Act into law and that Representative Andy Ogles (R-TN) introduced a piece of legislation repealing the Home Rule Act (DCNOW’s “Trying to End Home Rule” blog piece discusses home rule and Ogles’ bill.). She predicted that Lee’s bill is not likely to succeed in the Senate.
Call to Action
Congress must be stopped. It cannot overrule D.C. government and repeal home rule.
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