NICCA has shared a few announcements of the Office of Child Care's Notice for Proposed Rulemaking on the Child Care and Development Fund program. One very important change requires singling out specifically because of the possible negative impact it could have for Tribal CCDF programs. We are strongly encouraging Tribal programs to prepare to submit comments on the NPRM wholly, but at the very least, in response to this particular change.
NICCA will be finalizing our comments next week and will send them to our listserv. Tribes (and Tribal CCDF programs) are welcome to use our comments and modify them as they see fit.
NICCA is highlighting section on “Implementing Technical and Other changes for improved Clarity Definitions - § 98.2". This can be found at https://www.govinfo.gov/content/pkg/FR-2023-07-13/pdf/2023-14290.pdf, page 4, column 2 paragraph 1.
“Section 9801 of the ARP Act amended section 418 of the Social Security Act ((42 U.S.C. 618(a)(3)) by permanently increasing the matching funding for states (including the District of Columbia) and changing the tribal set-aside for mandatory funds from between 1 and 2 percent of funds to a flat $100 million each fiscal year ( see CCDF–ACF–IM–2021–04).”
NICCA opposes the imposition of a static $100 million allocation of mandatory funds for two compelling reasons:
This arbitrary cap stifles the growth and development of emerging tribal child care programs. By tethering all tribal programs to a fixed amount of funding, regardless of their individual needs and aspirations, we are hampering these vital initiatives' progress. This shortsighted approach unfairly burdens all tribal-operated programs, hindering their ability to innovate, expand, and provide the level of care that our communities deserve.
The sheer magnitude of this disparity between the proposed funding allocation for states and tribal programs is glaringly unjust. Granting states the potential to receive a disproportionately larger share of funding undermines the fundamental principles of equity and fairness. If the CCDF funds experience a substantial boost of resources, states stand to reap substantial benefits. At the same time, tribal programs would find themselves perpetually marginalized and denied equitable growth opportunities.
NICCA asserts that this proposal demonstrates a disregard for the unique needs and rights of tribal child care programs. The future of tribal child care is at stake. NICCA will be proposing that a 5.5% set-aside for mandatory funding be allocated to Tribal CCDF. This rate has been NICCA's long-standing stance and what is needed to support Tribal child care.
Action needed: Please request that your Tribe responds to this NPRM -- at the very least THIS proposed change. NICCA will send our comments next week so that Tribes may use them as a baseline for drafting their own comments.
Comments are due on August 28. For information on how to submit comments, please visit the Federal Register announcement and/or the Office of Child Care's information page.