SB 5752 — Modifying child care and early childhood development programs.

(b)(e) TheIncrease departmenttheir mustself-reliance; determine minimum early achievers ratings scores for programs participating in the pilot project.

(4)and When(f) selectingConnect pilotwith projectculturally locationscompetent, fordisability servicepositive delivery,therapists theand departmentsupports maywhere allowappropriate. each pilot project location to have up to three classrooms per location.

When selecting and approving pilot project locations, the department shall attempt to select a combination of rural, urban, and suburban locations.

The department shall prioritize locations with programs currently operating early head start, head start, or the early childhood education and assistance program.

(5) ((Until November 1, 2024, to be eligible for the birth to three early childhood education and assistance program, a child's family income must be at or below one hundred thirty percent of the federal poverty level and the child must be under thirty-six months old.

Beginning November 1, 2024, to)) (a) To be eligible for the birth to three early childhood education and assistance program, a child must be under 36 months old and either:

(((a))) (i) From a family with a household income at or below 130 percent of the federal poverty level;

or (((b))) (ii) A member of an assistance unit that is eligible for or is receiving basic food benefits under the federal supplemental nutrition assistance program or the state food assistance program.

(b) Enrollment of children in the birth to three early childhood education and assistance program is as space is available and subject to the availability of amounts appropriated for this specific purpose.

p.

4 ESSB 5752 (6) Beginning November 1, 2020, and each November 1st thereafter during pilot project activity, the department shall submit an annual report to the governor and legislature that includes a status update that describes the planning work completed, the status of funds secured, and any implementation activities of the pilot project.

Implementation activity reports must include a description of the participating programs and number of children and families served.

RCW 43.216.57843.216.513 and 20242021 c 225199 s 6206 are each amended to read as follows:

(1) SubjectThe department shall adopt rules that allow a child to enroll in the early childhood education and assistance program, as space is available and subject to the availability of amounts appropriated for this specific purpose, when the departmentchild shallis administernot aeligible birthunder toRCW three43.216.505 earlyand childhoodthe educationchild andturns assistancethree programyears forold eligibleat childrenany undertime thirty-sixduring monthsthe old.school year when the child:

Funds(a) toHas implementa thefamily programincome mayat includeor abelow combination50 percent of federal,the state,state median income or privatemeets sources.at least one risk factor criterion adopted by the department in rule;

(2)and The(b) departmentHas mayreceived adoptservices rulesfrom to implement the program and may waive or adaptparticipated earlyin: childhood education and assistance program requirements when necessary to allow for the operation of the birth to three early childhood education and assistance program.

(i) The department shall consider early head start rulesor anda regulationssuccessor whenfederal developingprogram theproviding providercomprehensive andservices familyfor eligibilitychildren requirementsfrom andbirth programthrough requirements.two years of age;

(3)(a)(ii) The birth to three early childhoodsupport educationfor infants and assistancetoddlers program mustor bereceived deliveredclass throughC childdevelopmental careservices; centers and family home providers who meet minimum licensing standards and are enrolled in the early achievers program.

(b)or The(iii) department((The mustbirth determineto minimumthree early achieverschildhood ratingseducation scoresand forassistance participatingprogram; contractors.

(4)(a)or To(iv))) beThe eligible for the birth to three early childhood educationintervention and assistanceprevention program,services aprogram. child must be under 36 months old and either:

(((a)))(2) (i)Children Fromenrolled ain familythe withearly achildhood householdeducation incomeand atassistance orprogram belowunder 50this percentsection are not eligible children as defined in RCW 43.216.505 and are not part of the statestate-funded medianentitlement income;required in RCW 43.216.556.

orSec. (((b))) (ii) A member of an assistance unit that is eligible for or is receiving basic food benefits under the federal supplemental nutrition assistance program or the state food assistance program.

(b) Enrollment of children in the birth to three early childhood education and assistance program is as space is available and subject to the availability of amounts appropriated for this specific purpose.

p.

5 ESSB 5752 Sec.

RCW 43.216.579 and 2021 c 199 s 404 are each amended to read as follows:

p.

5 SB 5752 (1) The legislature finds that our state suffers from an extreme shortage of infant child care, impacting the ability of parents to participate in the workforce.

Further, parents returning to work after using paid family leave to care for a new child struggle to find readily available, high quality care during a time of critical growth and brain development for young children.

Therefore, the legislature intends to incentivize the provision of high quality infant care.

(2) Beginning July 1, 2022, the department shall provide an infant rate enhancement for licensed or certified child care providers ((and birth to three early childhood education and assistance program contractors)) who are:

(a) Accepting state subsidy;

(b) In good standing with the early achievers quality rating and improvement system;

and (c) Caring for a child between the ages of birth and 11 months.

(3) The department must adopt rules to implement this section.

Sec.

6.

RCW 43.216.600 and 2021 c 199 s 311 are each amended to read as follows:

(1) Subject to the availability of amounts appropriated for this specific purpose, the department shall provide professional development supports to aid eligible providers in reaching the professional education and training standards adopted by the department.

Professional development supports may include:

(a) Department-required trainings for child care providers conducted by department-approved trainers;

(b) Trainings for license-exempt family, friend, and neighbor child care providers conducted by department-approved trainers;

(c) Early achievers scholarships;

(d) Community-based training pathways and systems developed under RCW 43.216.755;

(e) Supporting a nonprofit organization that provides relationship-based professional development support to family, friend, and neighbor caregivers, child care centers, and licensed family home providers, and their work to help providers start their businesses;

and (f) Other professional development activities such as updating training content, data collection and reporting, trainer recruitment, retention, program monitoring, and trainings delivered by department- p.

6 SB 5752 approved trainers on topics such as small business management, antibias and antiracist training, providing care for children with developmental disabilities, social-emotional learning, implementing inclusionary practices in early learning environments, infant and toddler care, dual language program development, and providing trauma-informed care.

(2) For the purposes of this section, "eligible provider" means:

(a) An owner of a licensed or certified child care center, licensed or certified outdoor nature-based care, or licensed family home provider accepting state subsidy;

(b) an employee of a licensed or certified child care center, licensed or certified outdoor nature- based care, or a licensed family home provider;

(c) a contractor or provider of the early childhood education and assistance program ((or birth to three early childhood education and assistance program));

or (d) an early achievers coach.

Sec.

7.

RCW 43.216.772 and 2021 c 199 s 102 are each amended to read as follows:

(1) The spending goals and strategies for the fair start for kids account created under RCW 43.216.770 include, but are not limited to:

(a) Increasing child care subsidy rates, with the goal of moving toward the full cost of providing high quality child care;

(b) Expanding health care coverage through state sponsorship of child care workers on the Washington health benefit exchange and providing consumer assistance through navigators, as well as any other expansions of access to affordable health care for staff in child care centers, family home providers, outdoor nature-based care, and early childhood education and assistance program staff;

(c) Increasing child care and early learning providers' compensation;

(d) Implementing the provisions of collective bargaining agreements for family child care providers negotiated pursuant to RCW 41.56.028;

(e) Supporting and expanding access to the early childhood education and assistance program to reach state-funded entitlement required in RCW 43.216.556;

(f) Making child care affordable for families;

(g) Providing resources and supports for family, friend, and neighbor caregivers that better reflect the full cost of care;

p.

7 SB 5752 (h) Providing child care subsidies for families working to resolve homelessness;

(i) Providing professional development opportunities and supporting the substitute pool for child care and early learning providers;

(j) Delivering infant and early childhood mental health consultation services;

(k) Establishing prekindergarten through third grade systems coordinators at educational service districts;

(l) Supporting youth development programs serving children and youth ages birth through 12 including, but not limited to, expanded learning opportunities, mentoring, school-age child care, and wraparound supports or integrated student supports;

(m) Awarding grants and loans through the early learning facilities grant and loan program established under chapter 43.31 RCW;

(n) Funding special designations in the working connections child care programs((,)) and early childhood education and assistance programs((, and birth to three early childhood education and assistance programs)) including designations established in RCW 43.216.579, 43.216.585, 43.216.590, and 43.216.592;

(o) Supporting costs for transparent data collection and information technology systems operated by the department and department contractors, in particular, to ensure equitable systemic service provision and outcomes;

(p) Providing access to learning technology;

(q) Providing child care resource and referral services;

(r) Conducting quality rating and improvement system activities through the early achievers program;

(s) Expanding prenatal to three services and supports, including ((the birth to three early childhood education and assistance program and)) the in-home parent skill-based programs established in RCW 43.216.130;

(t) Building and delivering a family resource and referral linkage system;

(u) Allowing the exploration of options to provide regulatory relief and make licensing more affordable for child care providers;

(v) Administering comprehensive shared services hubs to allow the ongoing pooling and shared use of services by licensed or certified child care centers and family home providers;

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8 SB 5752 (w) Training department staff to ensure consistent and equitable application of child care licensing and quality standards across the state including antibias and antiracist training;

(x) Providing incentives and supports for child care providers to become licensed;

(y) Studying and evaluating options to incentivize business participation in child care and early learning systems;

(z) Providing start-up grants to eligible organizations as described in RCW 43.31.575 who provide or commit to providing the early childhood education and assistance program or working connections child care.

Start-up grants must be used for one-time start-up costs associated with the start-up of a new child care or early childhood education and assistance program site;

and (aa) Recognizing the benefits of the diverse workforce and facilitating communication in the three most commonly spoken languages by developing a language access plan that centers on equity and access for immigrants, multilingual providers, caregivers, and families.

(2) This section does not interfere with, impede, or in any way diminish the right of family child care providers to bargain collectively with the state through the exclusive bargaining representatives as provided for under RCW 41.56.028.

Sec.

8.

(3)p. Beginning July 1, ((2025)) 2029, a family is eligible for working connections child care when the household's annual income is above 60 percent and at or below 75 percent of the state median income adjusted for family size and:

9 SB 5752 (3) Beginning July 1, ((2025)) 2029, a family is eligible for working connections child care when the household's annual income is above 60 percent and at or below 75 percent of the state median income adjusted for family size and:

p.(5) Beginning November 1, 2024, when an applicant or consumer is a member of an assistance unit that is eligible for or receiving basic food benefits under the federal supplemental nutrition assistance program or the state food assistance program the department must determine that the household income eligibility requirements in this section are met.

6 ESSB 5752 (5) Beginning November 1, 2024, when an applicant or consumer is a member of an assistance unit that is eligible for or receiving basic food benefits under the federal supplemental nutrition assistance program or the state food assistance program the department must determine that the household income eligibility requirements in this section are met.

NEWp. SECTION.

10 SB 5752 NEW SECTION.

6.9.

(1) Beginning OctoberJuly 1, 2025, through September 30, 2026, the department must calculate a monthly copayment according to the following schedule:

If the household's income is:

Then the household's maximum monthly copayment is:

At or below 20 percent of the state $0dian income Above 20 percent and at or below 36 $100ent of the state median income Above 36 percent and at or below 50 $160ent of the state median income Above 50 percent and at or below 60 $255ent of the state median income Above 60 percent of the state median$310ome (2) Beginning October 1, 2026, the department must calculate a monthly copayment according to the following schedule:

Below 25 percent of the $0ate median $0 income p.At or above 25 percent a25 percent of the state m+20 percent of the base monthly percent of the state medfor a household of two, mcopayment for each additional child five percent At or above 35 percent a35 percent of the state m+20 percent of the base monthly percent of the state medfor a household of two, mcopayment for each additional child 5.5 percent At or above 45 percent a45 percent of the state m+20 percent of the base monthly percent of the state medfor a household of two, mcopayment for each additional child six percent At or above 55 percent o55 percent of the state m+20 percent of the base monthly median income for a household of two, mcopayment for each additional child 6.5 percent (2) The department may adjust the copayment schedule to comply with federal law.

7 ESSB 5752 At or above 25 percent a25 percent of the state m+20 percent of the base monthly percent of the state medfor a household of two, mcopayment for each additional child five percent At or above 35 percent a35 percent of the state m+20 percent of the base monthly percent of the state medfor a household of two, mcopayment for each additional child 5.5 percent At or above 45 percent a45 percent of the state m+20 percent of the base monthly percent of the state medfor a household of two, mcopayment for each additional child six percent At or above 55 percent o55 percent of the state m+20 percent of the base monthly median income for a household of two, mcopayment for each additional child 6.5 percent (3) The department maymust adjustadopt therules copayment schedule to complyimplement withthis federalsection. law.

(4) TheThis departmentsection mustdoes adoptnot rulesapply to implementhouseholds thiseligible section.for the working connections child care program under RCW 43.216.808 and 43.216.814.

(5) This section does not apply to households eligible for the working connections child care program under RCW 43.216.808 and 43.216.814.

7.10.

Consumers authorized for a workingp. connections child care subsidy as of October 1, 2025, must not have their copayments adjusted by the schedule in section 9 (1) of this act until reapplication.

Consumers11 authorizedSB for5752 a working connections child care subsidy as of OctoberJuly 1, 2026,2025 must not have their copayments adjusted by the schedule in section 9(2) of this act until reapplication.

(3) This section expires DecemberJuly 31,1, 2027.

p.Sec.

811. ESSB 5752 Sec.

8.

(2) The department must consider an applicant or consumer's participation in the((the birth to three early childhood education and assistance program oror)) the early head start program as an approved activity when determining eligibility for working connections child care benefits.

9.12.

(c)p. The purchase of screening tools and assessment materials;

12 SB 5752 (c) The purchase of screening tools and assessment materials;

p.(2) The department must adopt rules to implement this section.

9(3) ESSBFor 5752 (2) This section does not interfere with, impede, or in any way diminish the rightpurposes of familythis childsection, care"eligible providersprovider" tomeans: bargain collectively with the state through the exclusive bargaining representatives as provided for under RCW 41.56.028.

(3) The department must adopt rules to implement this section.

(((3))) (4) For the purposes of this section, "eligible provider" means:

(c) a contractor or provider of the early childhood education and assistance program or((or birth to three early childhood education and assistance program;program));

10.13.

1013 ESSBSB 5752 infant and early childhood mental health consultants to meet national competency standards.

11.14.

(1) ((Beginning July 1, 2022)) Subject to the availability of amounts appropriated for this specific purpose, the department shall establish a dual language designation and provide subsidy rate enhancements or site-specific grants for licensed or certified child care providers who are accepting state subsidy((;)) or early childhood education and assistance program contractors;contractors((;

or birth to three early childhood education and assistance program contractors.contractors)).

(3) ThisThe sectiondepartment doesmust notadopt interfererules with, impede, or in any way diminish the right of family child care providers to bargainimplement collectivelythis withsection. the state through the exclusive bargaining representatives as provided for under RCW 41.56.028.

(4) The department must adopt rules to implement this section.

12.

RCW 43.216.512 and 2024 c 225 s 4 are each amended to read as follows:

(1) The department shall adopt rules that allow the enrollment of children in the early childhood education and assistance program, as space is available, if the number of such children equals not more than 25 percent of total statewide enrollment, when the child is not eligible under RCW 43.216.505 and((:

p.

11 ESSB 5752 (a) Has)) has a family income level above 36 percent of the state median income but at or below 50 percent of the state median income adjusted for family size and the child meets at least one of the risk factor criterion described in subsection (2) of this section((;

or (b) Is a member of an assistance unit that is eligible for or is receiving basic food benefits under the federal supplemental nutrition assistance program or the state food assistance program)).

(2) Children enrolled in the early childhood education and assistance program pursuant to this section must be prioritized for available funded slots according to a prioritization system adopted in rule by the department that considers risk factors that have a disproportionate effect on kindergarten readiness and school performance, including:

(a) Family income as a percent of the state median income;

(b) Child welfare system involvement;

(c) ((Eligible for services under part C of the federal individuals with disabilities education act but not eligible for services under part B of the federal individuals with disabilities education act;

(d))) Domestic violence;

(((e))) (d) English as a second language;

(((f))) (e) Expulsion from an early learning setting;

(((g))) (f) A parent who is incarcerated;

(((h))) (g) A parent with a behavioral health treatment need;

and (((i))) (h) Other risk factors determined by the department to be linked by research to school performance.

(3) Children enrolled in the early childhood education and assistance program under this section are not considered eligible children as defined in RCW 43.216.505 and are not considered to be part of the state-funded entitlement required in RCW 43.216.556.

(4) This section expires August 1, 2030.

NEW SECTION.

Sec.

13.

A new section is added to chapter 43.216 RCW under the subchapter heading "subsidized child care" to read as follows:

(1) The department shall adopt a rule that requires prospective payment to child care providers who accept child care subsidies to occur when child care is expected to begin.

(2) The department shall adopt a rule that prohibits child care providers who accept child care subsidies from claiming a prospective p.

12 ESSB 5752 payment when a child has not attended at least one day within the authorization period in the previous month.

NEW SECTION.

Sec.

14.

A new section is added to chapter 43.216 RCW under the subchapter heading "subsidized child care" to read as follows:

By June 1st of every even-numbered year, the department shall publish a cost of quality child care and market rate study and submit the study to the relevant committees of the legislature in compliance with RCW 43.01.036.

Sec.

RCW 43.216.80043.216.587 and 20242021 c 67199 s 1303 are each amended to read as follows:

(1) TheSubject departmentto shallthe establishavailability andof implementamounts policiesappropriated infor this specific purpose, the workingdepartment connectionsshall childadminister caretwo programcomplex needs funds to promote stabilityinclusive, least restrictive environments and qualityto ofsupport carecontractors forand providers serving children fromwho low-incomehave households.developmental delays, disabilities, behavioral needs, or other unique needs.

TheseThe policiesdepartment shall focuswork oncollaboratively supportingwith schoolthe readinessoffice forof youngthe learners.superintendent of public instruction and providers to best serve children.

PoliciesOne forfund themust expendituresupport ofearly fundschildhood constitutingeducation theand workingassistance connections child care program mustcontractors be consistent with the outcome measures established by the department and theproviders standards((and establishedbirth in this section intended to promotethree stability,p. quality, and continuity of early care and education programming.

(2)14 AsSB recommended5752 byearly P.L.childhood education and assistance program contractors and providers)), and one fund must support licensed or certified child care providers and license-exempt child care programs.

113-186,(2) authorizationsSupport formay theinclude workingstaffing, connectionsprogramming, childtherapeutic careservices, subsidyand areequipment effectiveor fortechnology 12support. months.

(((a)Additional Asupport household'smay 12-monthinclude authorizationactivities beginsto onassist thefamilies datewith thatchildren childexpelled careor isat expectedrisk of expulsion from child care, and to begin.help families transition in and out of child care.

(b) If a newly eligible household does not begin care within 12 months of being determined eligible by the department, the household must reapply in order to qualify for subsidy.)) (3)(a) The department must extend the homeless grace period, as adopted in department rule as of January 1, 2020, from a four-month grace period to a 12-month grace period.

(b) For the purposes of this subsection, "homeless" means being without a fixed, regular, and adequate nighttime residence as described in the federal McKinney-Vento homeless assistance act (42 U.S.C.

11434a) as it existed on January 1, 2020.

(((4) For purposes of this section, "authorization" means a transaction created by the department that allows a child care provider to claim payment for care.

The department may adjust an authorization based on a household's eligibility status.)) p.

13 ESSB 5752 NEW SECTION.

Sec.

TheRCW following43.216.512 actsand or2024 partsc of225 actss 3 are each repealed:amended to read as follows:

(1) RCWThe 43.216.810department (Expandedshall eligibility—Registeredadopt apprenticeships)rules that allow the enrollment of children who meet one or more of the following criteria in the early childhood education and 2024assistance cprogram, 67as sspace 6;is available if the number of such children equals not more than twenty-five percent of total statewide enrollment:

(2)(a) RCWThe 43.216.812child's (Expandedfamily eligibility—Childincome careis employees)above andone 2024hundred cten 282percent sbut 2,less 2024than cor 67equal sto 7,one &hundred 2023thirty cpercent 222of sthe 2;federal poverty level;

and(b) (3)The RCWchild's 43.216.804family (Copayments)income andis 2024above cone 67hundred sthirty 3.percent but less than or equal to two hundred percent of the federal poverty level if the child meets at least one of the risk factor criterion described in subsection (2) of this section;

NEWor SECTION.(c) Beginning November 1, 2024, the child is not eligible under RCW 43.216.505 and is a member of an assistance unit that is eligible for or is receiving basic food benefits under the federal supplemental nutrition assistance program or the state food assistance program.

(2) Children enrolled in the early childhood education and assistance program pursuant to subsection (1)(b) of this section must be prioritized for available funded slots according to a prioritization system adopted in rule by the department that considers risk factors that have a disproportionate effect on kindergarten readiness and school performance, including:

(a) Family income as a percent of the federal poverty level;

(b) Homelessness;

(c) Child welfare system involvement;

(d) Developmental delay or disability that does not meet the eligibility criteria for special education described in RCW 28A.155.020;

p.

15 SB 5752 (e) Domestic violence;

(f) English as a second language;

(g) Expulsion from an early learning setting;

(h) A parent who is incarcerated;

(i) A parent with a substance use disorder or mental health treatment need;

and (j) Other risk factors determined by the department to be linked by research to school performance.

(3) The department shall adopt rules that allow a child to enroll in the early childhood education and assistance program, as space is available, when the child is not eligible under RCW 43.216.505 and the child turns three years old at any time during the school year when the child:

(a) Has a family income at or below two hundred percent of the federal poverty level or meets at least one risk factor criterion adopted by the department in rule;

and (b) Has received services from or participated in:

(i) The early support for infants and toddlers program;

or (ii) The early head start or a successor federal program providing comprehensive services for children from birth through two years of age((;

or (iii) The birth to three early childhood education and assistance program, if such a program is established)).

(4) Children enrolled in the early childhood education and assistance program under this section are not considered eligible children as defined in RCW 43.216.505 and are not considered to be part of the state-funded entitlement required in RCW 43.216.556.

ExceptRCW for43.216.775 sections 2 and 42024 ofc this282 act,s this3 actare iseach necessaryamended forto theread immediateas preservationfollows: of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect July 1, 2025.

(1) Rates paid under RCW 43.216.592 must be adjusted every two years according to an inflationary increase.

The inflationary increase must be calculated by applying the rate of the increase in the inflationary adjustment index to the rates established pursuant to RCW 43.216.592.

(2) Subject to the availability of amounts appropriated for this specific purpose, rates paid under RCW 43.216.579((,)) and 43.216.585((, and 43.216.578)) must be adjusted every two years according to an inflationary increase.

The inflationary increase must be calculated by applying the rate of the increase in the p.

16 SB 5752 inflationary adjustment index to the rates established pursuant to RCW 43.216.579((,)) and 43.216.585((, and 43.216.578)).

(3) Inflationary increases under subsection (1) of this section and any funded inflationary increase under subsection (2) of this section must be included in the rate used to determine inflationary increases in subsequent years.

(4) For the purposes of this section, "inflationary adjustment index" means the implicit price deflator averaged for each fiscal year, using the official current base rate, compiled by the bureau of economic analysis, United States department of commerce.

SectionThe 3following ofacts thisor actparts expiresof Julyacts 1,are 2026.each repealed:

(1) RCW 43.216.578 (Birth to three early childhood education and assistance program) and 2024 c 225 s 6, 2024 c 225 s 5, 2021 c 199 s 403, & 2019 c 408 s 8;

(2) RCW 43.216.810 (Expanded eligibility — Registered apprenticeships) and 2024 c 67 s 6;

(3) RCW 43.216.812 (Expanded eligibility — Child care employees) and 2024 c 282 s 2, 2024 c 67 s 7, & 2023 c 222 s 2;

and (4) RCW 43.216.804 (Copayments) and 2024 c 67 s 3.

(1)Except Sectionfor sections 2 through 4 of this act, this act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect July 1, 2026.2025.

(2)NEW SectionSECTION. 2 of this act takes effect August 1, 2030.

2021(1) cSection 1992 sof 604this (uncodified)act isexpires amendedAugust to1, read2030. as follows:

(1)(2) SectionsSection 20416 and 205 of this act takeexpires effect July 1, 2025.2026.

(2)NEW SectionsSECTION. ((204 through)) 206 and 403 of this act take effect July 1, 2026.

2024(1) cSections 2252 sand 74 (uncodified)of isthis amendedact totake readeffect asJuly follows:1, 2026.

(1)(2) Section 23 of this act takes effect August 1, 2030.

((Sections 4 and)) (2) Section 4 of this act takes effect July 1, 2025.

(3) Section 6 of this act ((take)) takes effect July 1, 2026.

Sec.

22.

2024 c 225 s 8 (uncodified) is amended to read as follows:

(1) Section 3 of this act expires July 1, 2025.

((Sections 3 and)) (2) Section 5 of this act ((expire)) expires July 1, 2026.

1417 ESSBSB 5752