SB 5437 — Expanding eligibility to the early childhood education and assistance program.

S-2559.1SECONDZ-0411.4SENATE SUBSTITUTE SENATE BILL 5437State of Washington66th Legislature2019 Regular SessionBySenateSessionBySenators Ways & Means (originally sponsored by Senators Wilson, C., Palumbo, Wellman, Hunt, Saldaña, Nguyen, Randall, Das, Billig, Mullet, Darneille, Dhingra, Hasegawa, Kuderer, and Takko;

by request of Office of the Governor)READGovernorRead FIRSTfirst TIMEtime 03/01/19.AN01/21/19.Referred to Committee on Early Learning & K-12 Education.AN ACT Relating to expanding eligibility to the early childhood education and assistance program;

amending RCW 43.216.505, 43.216.556, 43.216.512, 43.216.514,43.216.525, 43.216.080,43.216.535, 43.216.540, and 43.216.550;

creating a new sections;section;

and providing an expiration date.BEdate; IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:NEW SECTION.  Sec.

and declaring an emergency.BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:NEW SECTION.  Sec.

(1) The legislature finds that the familyfirst incomethree eligibilityyears limit of onea hundredchild's tenlife percentis offoundational the federal poverty level for theschool earlyreadiness childhood education and assistancesuccess. program hinders the state's ability to recruit and enroll qualified families, particularly in rural areas of the state and in tribal communities.

ThisResearch incomesupports barrierthat resultsbirth into unusedthree preschoolyears slots and growing waiting lists of childrenage whois area fromdistinct low-incomedevelopmental familiesperiod butthat whois are over the establishedfoundation incomefor limits.later development.

Therefore,Supporting theschool legislaturereadiness intendsduring to keep the qualifyingfirst incomethree foryears earlyof childhooda educationchild's anddevelopment assistancemust programinclude entitlementschool atreadiness onedomains hundredthat tendevelop percentduring of the federalchild's povertyfirst levelthree andyears allowincluding: for the flexibility to serve additional children with family incomes up to two hundred percent of the federal poverty level.Sec.

(a) Perceptual, motor, and physical development;

(b) social and emotional development;

(c) approaches to learning;

and (d) language, communication, and cognition.(2) Development is individual and embedded in family, culture, and other societal influences.

The legislature is aware that there are vast differences in rates of individual development among children, including differences that are affected by a child's family's social and economic situation.(3) Research also supports the conclusion that the early head start programs have been successful for encouraging, promoting, and increasing positive child development.

Therefore, the purpose of this act is to establish a pilot program to provide low-income families high quality early learning opportunities for their children from birth to three years of age that is modeled after the early head start programs.NEW SECTION.  Sec.

A new section is added to chapter 43.216 RCW 43.216.505to read as follows:(1) Subject to amounts appropriated for this specific purpose, the department shall establish a pilot project to implement a state-funded birth to three early childhood education and 2017assistance 3rdprogram sp.s.to eligible children under thirty-six months old.

cThe 6pilot sproject 210shall arestart eachJuly amended1, to2019, read as follows:Unless the context clearly requires otherwise, the definitions in this section apply throughout RCW 43.216.500 through 43.216.559, 43.216.900, and 43.216.901.(1)conclude "AdvisoryJune committee"30, means2022.(2) theThe advisory committee under RCW 43.216.520.(2) "Approved programs" means those state-supported education and special assistance programs which are recognized by the department asmay meetingadopt the minimum program rules adopted by the department to qualifyimplement under RCW 43.216.500 through 43.216.550, 43.216.900, and 43.216.901 and are designated as eligible for funding by the departmentpilot underproject RCW 43.216.530 and 43.216.540.(3)may "Comprehensive"waive meansor anadapt assistancepilot programproject thatrequirements focuseswhen onnecessary the needs of the child and includes education, health, and family support services.(4) "Eligible child" means a three to five-yearallow old child who is not age-eligible for kindergartenthe ((whose)),operation is not a participant in a federal or state program providing comprehensive services, and who:(a) Has a family income ((is)) at or below one hundred ten percent of the federalbirth povertyto level,three asearly publishedchildhood annuallyeducation by the federal department of health and humanassistance services((,program. and includes a child whose family is eligible for public assistance, and who is not a participant in a federal or state program providing comprehensive services));

((aThe child))(b)department Isshall eligibleconsider forearly specialhead educationstart duerules toand disabilityregulations underwhen RCWdeveloping 28A.155.020;the provider and family eligibility requirements and program requirements.

((andAny maydeviations includefrom childrenearly whohead arestart eligible))or(c)standards, Meetsrules, criteriaor underregulations rulesshall adoptedbe identified and explained by the department ifin the numberannual ofreport suchthat childrenit equalsmust notsubmit moreto thanthe tengovernor percentand legislature under subsection (8) of this section.(3) During the totalpilot enrollmentproject, inthe department shall offer home visiting services that the earlychild childhoodor program.family are eligible for under the particular home visiting service's statutory eligibility requirements.

((Priority))PreferenceIf foreligible, enrollmentthese inhome thisvisiting groupservices shallmust beinclude givenat toleast childrenthree fromhome familiesvisits withper theyear.(4) lowestThe income,pilot childrenproject inprograms fostermust care,meet orminimum tolicensing eligiblestandards, childrenbe fromenrolled familiesin withearly multipleachievers, needs.(5)have "Familyan support services" means providing opportunities for parents to:(a) Actively participate in their child's early childhoodachievers program;(b)rating Increaselevel their knowledge of childat developmentleast four, and parentingprovide skills;(c)a Furtherminimum theirof educationone andthousand training;(d)three Increasehundred theireighty abilityannual tohours useof neededclassroom servicesoperations inper theyear. community;(e) Increase their self-reliance.Sec.

A pilot project class that serves children under thirty-six months old must have at least three teachers that serve no more than nine children at a time, or at least two teachers that serve no more than eight children at a time.(5) The department shall select up to ten pilot project locations during the first year of the pilot project.

Each pilot project location may 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.(6) To be eligible for the birth to three early childhood education and assistance program, a child's family income shall be at or below one hundred ten percent of the federal poverty level and the child must be under thirty-six months old.(7) During the pilot project, the department shall begin an evaluation to analyze quality and performance measures.

In the third year of the pilot project the department shall analyze child and parent outcomes.(8)(a) Beginning November 1, 2019, and each November 1st thereafter, the department shall submit an annual report to the governor and legislature that includes a status update that describes implementation of the pilot project, including a description of the participating programs and number of children and families that have been served.(b) By November 1, 2023, the department shall submit a complete, final report that describes:(i) The department's findings from the evaluation under subsection (7) of this section;(ii) Recommendations for modifying or expanding the birth to three early childhood education and assistance program over the next five years;

and(iii) Recommendations for eligibility requirements for families and providers.(9) This section expires December 31, 2023.Sec.

RCW 43.216.55643.216.512 and 20172018 3rdc sp.s.155 s 2 are each amended to read as follows:(1) The department shall adopt rules that allow the inclusion of children in the early childhood education and assistance program whose family income ((is above))ranges from one hundred ((ten))eleven to two hundred percent of the federal poverty level ((if the number of such children equals not more than twenty-five percent of total statewide enrollment)).(2) Children included in the early childhood education and assistance program under this section must:(a) Be homeless ((or));(b) Be impacted by specific developmental or environmental risk factors that are linked by research to school performance;

cor(c) 22Have sa 1family areincome eachat amendedor toless readthan astwo follows:(1)hundred Fundingpercent forof the programfederal ofpoverty earlylevel. learning established under this chapter must be appropriated to the department.

((Allocations must be made))The department shall distribute funding to approved early childhood education and assistance program contractors on the basis of eligible children enrolled ((with eligible providers)).(2) The program shall be implemented in phases, so that full implementation is achieved in the 2022-23 school year.(3) ((For the initial phase of the early learning program in school years 2011-12 and 2012-13, the legislature shall appropriate funding to the department for implementation of the program in an amount not less than the 2009-2011 enacted budget for the early childhood education and assistance program.

The appropriation shall be sufficient to fund an equivalent number of slots as funded in the 2009-2011 enacted budget.(4) Beginning in the 2013-14 school year, additional funding for the program must be phased in beginning in school districts providing all-day kindergarten programs under RCW 28A.150.315.(5))) Funding shall continue to be phased in each year until full statewide implementation of the early learning program is achieved in the 2022-23 school year, at which time any eligible child ((shall be))is entitled to be enrolled in the program.(((6)))(4) School districts and approved community-based early learning providers may contract with the department to provide services under the program.

The department shall collaborate with school districts, community-based providers, and educational service districts to promote an adequate supply of approved providers.Sec.

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RCW 43.216.512 and 2018 c 155 s 2 are each amended to read as follows:(1) The department shall adopt rules that allow the inclusion of children in the early childhood education and assistance program whose family income is above one hundred ten percent but less than or equal to two hundred percent of the federal poverty level ((if the number of such children equals not)).

Within this group, no more than twenty-five percent of total statewide enrollment may consist of children with family incomes above one hundred thirty percent of the federal poverty level.(2) Children included in the early childhood education and assistance program under this section must be ((homeless or impacted by specific developmental or environmental))enrolled, as space is available, by the department according to a system of risk factors ((that are linked by research to school performance.

1129))and1129.(3) priorityChildren pointsincluded adoptedin the early childhood education and assistance program under this section are not to be considered eligible children as defined in rule.RCW 43.216.505 and are not considered to be part of the state-funded entitlement required in RCW 43.216.556.(4) For children included in the early childhood education and assistance program under this section who are only eligible because their family's income is between one hundred eleven and two hundred percent of the federal poverty level:(a) The family may be required to make a tuition payment directly to the provider;

and(b) The priorityprovider systemshall mustconduct considera riskfamily factorsassessment thatto havedetermine disproportionatewhich, effectsif onany, kindergartenearly readiness,childhood including:(a)education Homelessness;(b)and Childassistance welfareprogram systemwraparound involvement;(c)services Developmentalare delayneeded orfor disability that does not meet the eligibilitychild criteriaand forfamily. special education described in RCW 28A.155.020;(d) Domestic violence;(e) English as a second language;(f) Expulsion from an early learning setting;(g) A parent who is or has been incarcerated;(h) A parent with a substance use disorder or mental health treatment need;

and(i)The Beingprovider anis "Indiannot child"required asto definedoffer inall rule by the department after consultation and agreement with tribes.(3) Children included in the early childhood education and assistance program underservices thisif sectionit areis notdetermined tothat bethe consideredchild eligible children as defined in RCW 43.216.505 and arefamily would not consideredbenefit tofrom bethose partservices. of the state-funded entitlement required in RCW 43.216.556.NEW SECTION.  Sec.

Minimum classroom instructional hours must be met as outlined in the provider's early childhood education and assistance program contract with the department.(5) The department shall include in the annual report required under RCW 43.216.535 a description of family outcomes for children and families that participated in the early childhood education and assistance program under the expanded eligibility program authorized under this section.

The data used for the description required under this subsection may not be identifiable to any child or family.Sec.

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