SB 5484 — Implementing improvements to the early achievers program as reviewed and recommended by the joint select committee on the early achievers program.

S-2339.1SECONDS-0941.1SENATE SUBSTITUTE SENATE BILL 5484State of Washington66th Legislature2019 Regular SessionBySenateSessionBySenators Ways & Means (originally sponsored by Senators Wilson, C., Billig, Takko, Keiser, Hunt, Kuderer, and Wellman)READWellmanRead FIRSTfirst TIMEtime 03/01/19.AN01/22/19.Referred to Committee on Early Learning & K-12 Education.AN ACT Relating to implementing improvements to the early achievers program as reviewed and recommended by the joint select committee on the early achievers program;

adding a new sectionssection to chapter 43.216 RCW;

A rerating shall resetbe considered a renewal for the ratingpurposes cycleof timelinedepartment-required forrenewal participants.(b)ratings.(b) The department may charge a fee for optional rerating requests made by program participants that are outside the established rating cycle.(c) Fees charged are based on, but may not exceed, the cost to the department for activities associated with the early achievers program.(7)(a) The department must create a single source of information for parents and caregivers to access details on a provider's early achievers program rating level, licensing history, and other indicators of quality and safety that will help parents and caregivers make informed choices.

By December 1, 2019, and subject to the availability of amounts appropriated for this specific purpose, the department must submit a detailed plan to the governor and the legislature to implement a robust cross-accreditation process with multiple pathways that allows a provider to earn equivalent early achievers credit resulting from accreditation by high quality national organizations.(c) Licensed child care centers and child care home providers must meet national accreditation standards approved by the department for the early achievers program in order to be granted credit for the early achievers program standards.

If an early childhood education and assistance program provider rates below a level 4 within ((eighteen))twenty-four months, the provider must complete remedial activities with the department, and rate at a level 4 or 5 within six months of beginning remedial activities.(((6)))(5)(a) If an early childhood education and assistance program provider has successfully completed all of the required early achievers program activities and is waiting to be rated by the deadline provided in this section, the provider may continue to participate in the early achievers program as an approved early childhood education and assistance program provider and receive state subsidy pending the successful completion of a level 4 or 5 rating.(b) To avoid disruption, the department may allow for early childhood education and assistance program providers who have rated below a level 4 after completion of the six-month remedial period to continue to provide services until the current school year is finished.(6)(a)finished.(6) When an early childhood education and assistance program in good standing changes classroom locations to a comparable or improved space within the same facility, a rerating is not required outside of the regular rerating and renewal cycle.(b)cycle.(7) WhenThe andepartment earlyshall childhoodcollect educationdata andperiodically assistance program in good standing moves to adetermine new facility, the providerdemand mustfor notifyfull-day theprogramming departmentfor ofearly thechildhood moveeducation withinand sixassistance monthsprogram ofproviders. changing locations in order to retain their existing rating.

The early achievers program must conduct an observational visit to ensure the new classroom space is of comparable or improved environmental quality.

If a provider fails to notify the department within six months of a move, the early achievers rating must be changed from the posted rated level to "Participating, Not Yet Rated" and the provider will cease to receive tiered reimbursement incentives until a new rating is completed.(7) The department shall collect data periodically to determine the demand for full-day programming for early childhood education and assistance program providers.

and(c) Rate((Rate))Complete level 2 activities and rate or request to be rated at a level 3 or higher in the early achievers program by December 31, 2019.

If a child care provider ((rates below))does not complete level 2 activities and rate at or request to be rated at a level 3 by December 31, 2019, the provider ismust complete remedial activities with the department, and ((rate at))must complete level 2 activities and rate at or request to be rated at a level 3 or higher no longerlater than ((June))December 30, 2020.(4) ((Effective July 1, 2016,))A new child care provider serving nonschool-age children and receiving state subsidy payments must complete the following activities to be eligible to receive a state subsidy.subsidy under this section:(a) Enroll in the early achievers program within thirty days of receiving the initial state subsidy payment;(b) Complete level 2 activities in the early achievers program within twelve months of enrollment;

If the provider rates below a level 3 when the rating is released, the provider must complete remedial activities with the department, and ((rate at))must rate at or request to be rated at a level 3 or higher no later than ((June))December 30, 2020.(4) ((Effective July 1, 2016,))A new child care provider serving nonschool-age children and receiving state subsidy payments must complete the following activities to be eligible to receive a state subsidy under this section:(a) Enroll in the early achievers program within thirty days of receiving the initial state subsidy payment;(b) Complete level 2 activities in the early achievers program within twelve months of enrollment;

If a child care provider ((rates below))does not rate or request to be rated at a level 3 within thirty months from enrollment into the early achievers program, the provider must complete remedial activities with the department, and rate or request to be rated at a level 3 or higher within six months of beginning remedial activities.(5) If a child care provider does not rate or request to be rated at a level 3 or higher following the remedial period, the provider is no longer eligible to receive state subsidy.subsidy under this section.(6) If a child care provider serving nonschool-age children and receiving state subsidy payments has successfully completed all level 2 activities and is waiting to be rated by the deadline provided in this section, the provider may continue to receive a state subsidy pending the successful completion of the level 3 rating activity.(7) The department shall implement tiered reimbursement for early achievers program participants in the working connections child care program rating at level 3, 4, or 5.(8) The department shall account for a child care copayment collected by the provider from the family for each contracted slot and establish the copayment fee by rule.(9)(a) The department shall establish and implement policies in the working connections child care program to allow eligibility for families with children who:(i) In the last six months have:(A) Received child protective services as defined and used by chapters 26.44 and 74.13 RCW;(B) Received child welfare services as defined and used by chapter 74.13 RCW;

If the provider rates below a level 3 when the rating is released, the provider must complete remedial activities with the department, and rate or request to be rated at a level 3 or higher within ((six))twelve months of beginning remedial activities.(5) If a child care provider does not rate or request to be rated at a level 3 or higher following the remedial period, the provider is no longer eligible to receive state subsidy under this section.

If a child care provider does not rate at a level 3 or higher when the rating is released following the remedial period, the provider is no longer eligible to receive state subsidy under this section.(6) If a child care provider serving nonschool-age children and receiving state subsidy payments has successfully completed all level 2 activities and is waiting to be rated by the deadline provided in this section, the provider may continue to receive a state subsidy pending the successful completion of the level 3 rating activity.(7) The department shall implement tiered reimbursement for early achievers program participants in the working connections child care program rating at level 3, 4, or 5.(8) The department shall account for a child care copayment collected by the provider from the family for each contracted slot and establish the copayment fee by rule.(9)(a) The department shall establish and implement policies in the working connections child care program to allow eligibility for families with children who:(i) In the last six months have:(A) Received child protective services as defined and used by chapters 26.44 and 74.13 RCW;(B) Received child welfare services as defined and used by chapter 74.13 RCW;

Funds appropriated for the protocol shall be considered an ongoing program for purposes of future departmental budget requests.(b) ((DuringDuring the first thirty months of implementation of the early achievers program))Theprogram the department shall prioritize the resources authorized in this section to assist providers ((ratingrating at a level 2))2 in the early achievers program to help them reach a ((level 3)) rating of level 3 orrating higher wherever access to subsidized care is at risk.(2) The protocol should address barriers to early achievers program participation and include at a minimum the following:(a) The creation of a substitute pool;(b) The development of needs-based grants for providers ((atat level 2))2 in the early achievers program ((toto assist with))whowith demonstratephysical aimprovements needof forearly assistancelearning facilities, and purchasing curriculum development, instructional materials, supplies, and equipment to improve program quality.

Needs-based grants may be used for environmental improvements of early learning facilities;

purchasing curriculum development, instructional materials, supplies, and equipment ((to improve program quality));

and focused infant-toddler improvements.

(1) SubjectThe to the availability of amounts appropriated for this specific purpose, the department of children, youth, and families must analyze consumer income and copay requirements in the working connections child care program and report recommendations to the governor and the legislature by December 1, 2019, for mitigating the "cliff effect" for child care subsidy consumers.

and(iii) A de-enrollment procedure when allowable child absences are exceeded.(b) The department shall develop recommendations on child absences and attendance within the department's appropriations.))By December 31, 2021, and subject to the availability of amounts appropriated for this specific purpose, the Washington state institute for public policy shall update the outcome evaluation of the early childhood education and assistance program required by chapter 16, Laws of 2013 and report to the governor and the legislature on the outcomes of program participants.

The evaluation must include the demographics of program participants including race, ethnicity, and socioeconomic status.

When conducting the evaluation, the institute must consider, to the extent that data is available, the education levels and demographics, including race, ethnicity, and socioeconomic status, of early childhood education and assistance program staff and the effects of full-day programming and half-day programming on outcomes.NEW SECTION.  Sec.

A new section is added to chapter 43.216 RCW to read as follows:The department must adopt administrative policies in the early achievers program,program within the department's appropriations, to:(1) Consider child care provider schedules and needs and allow flexibility when scheduling data collection and rating visits at a facility;(2) Eliminate rating scale barriers and weight early achievers points to incentivize providers to serve infants and toddlers;(3) Remove barriers to timely approvals for one-on-one behavioral support assistants when requested by a provider;(4) Prioritize reratings for providers rated at a level 2;(3)2;(5) Prioritize reratings for providers rated at a level 3 who are seeking to become early childhood education and assistance program providers;providers;(6) Require trauma-informed care training for raters and coaches;

and(4)and(7) Provide continuous and robust postrating feedback to providers.NEW SECTION.  Sec.

A(1) newBy sectionDecember is1, added2019, tothe chapterdepartment 43.216of RCWchildren, toyouth, readand asfamilies follows:Subjectmust submit to the availabilitygovernor ofand amountsthe appropriatedlegislature fora thisplan specificto purpose,pay theproviders departmentan mustenhanced adoptrate, administrativeaward policiesadditional in the early achievers programpoints, to:(1) Eliminate rating scale barriers and weightcreate earlya achieverscorresponding pointstrauma-informed tocare incentivizedesignation for providers toserving servebehaviorally infantschallenged andchildren.(2) toddlers;(2)This Removesection barriersexpires toDecember timely30, approvals2019.NEW forSECTION.  Sec. one-on-one behavioral support assistants when requested by a provider;

and(3) Require trauma-informed care training for raters and coaches.NEW SECTION.  Sec.

(1) By December 1, 2019, and subject to the availability of amounts appropriated for this specific purpose, the department of children, youth, and families must submitevaluate options and propose recommendations to the governor and the legislature arelated plan to paypaying providerschild ancare enhancedsubsidy rate,providers awarda additionalset earlymonthly achieversrate points,rather andthan create a correspondingdaily trauma-informedrate.(2) care designation for providers serving behaviorally challenged children.(2) This section expires December 30, 2019.NEW2019.Sec. SECTION.  Sec.

(1) By December 1, 2019, and within the department's appropriations, the department of children, youth, and families must evaluate options and propose recommendations to the governor and legislature related to paying child care subsidy providers a set monthly rate rather than a daily rate.(2) This section expires December 30, 2019.Sec.

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