Chapter 43.215 RCW

DEPARTMENT OF EARLY LEARNING

Sections
GENERAL PROVISIONS
FindingPurpose.
Definitions.
Department createdPrimary duties.
DirectorAppointmentSalary.
DirectorPower and duties.
Advisory committees or councilsTravel expenses.
Federal and state cooperationRulesConstruction.
Policies to support children of incarcerated parents.
Private-public partnership.
Reports to the governor and legislature.
Early learning advisory councilPolicy development and implementationEarly achievers review subcommittee.
Integration with other entities.
Early achievers programQuality rating and improvement system.
Joint select committee on the early achievers program.
Early achievers programParticipation of culturally diverse and low-income center and family home child care providers.
Early achievers programAnnual progress reportMitigation plan for areas not achieving required rating levels.
Community information and involvement planInforming home-based, tribal, and family early learning providers of early achievers program.
Native language development and retentionDual language learningRules.
Core competencies for early care and education professionals and child and youth development professionalsAdoption and implementationUpdating.
Partnership responsibilitiesDepartment's dutiesPartnership's duties.
Reduction of barriers for using local or private funds for early learning opportunities.
Parental notification of report alleging sexual misconduct or abuseNotice of parental rights.
Washington head start program proposalReport.
Home visiting services accountPurposeAdministrationFunding.
Working connections child care programSubsidy requirementsTiered reimbursementsCopayments.
Working connections child care programUnemployment compensation.
Working connections child care programNotification of change in providers.
Working connections child care programStandards and guidelinesDuties of the departmentDuties of the department of social and health services.
Working connections child care programContracted child care slots and vouchers.
Definitions.
Home visitation programsFindingsIntent.
Home visitation programsDefinitions.
Home visitation programsFundingHome visitation services coordination or consolidation plan.
Early start account.
LICENSING
Director's licensing duties.
Licensing standards.
Minimum requirements for licensure.
Fire protectionPowers and duties of chief of the Washington state patrol.
Character, suitability, and competence to provide child care and early learning servicesFingerprint criminal history record checksBackground check clearance card or certificateShared background checks.
Background check clearance registryBackground application form.
Fee for developing and administering individual-based/portable background check clearance registry.
Individual-based/portable background check clearance account.
Licensed day care centersNotice of pesticide use.
Articles of incorporation.
Access to agenciesRecords inspection.
License required.
License fees.
License applicationNonexpiring licensesIssuance, renewal, duration.
License renewal.
Initial licenses.
Probationary licenses.
LicensesDenial, suspension, revocation, modification, nonrenewalProceedingsPenalties.
LicensesDenial, revocation, suspension, or modificationNoticeEffective date of actionAdjudicative proceeding.
Civil finesNoticeAdjudicative proceeding.
Licensure pending compliance with state building code, chapter 19.27 RCWConsultation with local officials.
Adjudicative proceedingsTraining for administrative law judges.
License or certificate suspensionNoncompliance with support orderReissuance.
Actions against agencies.
Unlicensed providersNotification to agencyPenaltyPosting on web site.
Operating without a licensePenalty.
Negotiated rule making.
Negotiated rule makingStatewide unit of family child care licenseesAntitrust immunity, intent.
Minimum licensing requirementsWindow blind pull cords.
ReportingActions against agency licenseesAgencies notified of licensing requirementPosting on web site.
Reporting resignation or termination of individual working in child care agency.
EARLY CHILDHOOD EDUCATION AND ASSISTANCE
Intent.
Definitions.
Admission and funding.
Eligible providersState-funded supportRequirementsData collectionPathway to early childhood education and assistance program.
Advisory committee.
Rules.
Review of applications.
Reports.
State supportPrioritiesProgram funding levels.
Reimbursement of advisory committee expenses.
Authority to solicit gifts, grants, and support.
Early learning programVoluntary preschool opportunitiesProgram standardsPrioritizing programsRules.
Early learning programVoluntary preschool opportunitiesFunding and statewide implementation.
Short title2010 c 231.
FindingsIntentEarly start program.
Findings.
Early intervention servicesBirth-to-threeInteragency coordinating councilConditions and limitations.
Early intervention servicesBirth-to-threeInteragency coordinating councilCoordination with counties and communities.
Early intervention servicesInteragency agreements.
CHILD CARE
Child fatality reviews.
Data collection and program evaluationReports.
Child care servicesDeclaration of policy.
Child care workersFindingsIntent.
Child care provider rules review.
Child care workersCareer and wage ladder.
Child care workersCareer and wage ladderWage increases.
Child day care centers, family day care providersToll-free information number.
Child day care centers, family day care providersRequired postingsDisclosure of complaints.
Child day care centers, family day care providersPublic access to reports and enforcement action notices.
County regulation of family day-care centersTwelve-month pilot projects.
Day care insurance.
Child care providersTiered-reimbursement systemPilot sites.
Child care services.
Child care partnership employer liaison.
Child care expansion grant fund.
Subsidized child care report and assessment.
Child care subsidy fraudReferralCollection of overpayments.
Placement of children ages sixty months through six years.
Outdoor, nature-based early learning and child care programsPilot projectReports.
Child care consultation programCreation, operation, and duties.
TECHNICAL PROVISIONS
Early childhood education and assistance programShort title1985 c 418.
ContingencyEffective date1985 c 418.
Effective date2006 c 265.
Evaluation of department by joint legislative audit and review committee.
ConstructionChapter applicable to state registered domestic partnerships2009 c 521.
Short title2015 3rd sp.s. c 7.


43.215.005
Finding—Purpose. (Effective until July 1, 2018.)

(1) The legislature recognizes that:
(a) Parents are their children's first and most important teachers and decision makers;
(b) Research across disciplines now demonstrates that what happens in the earliest years makes a critical difference in children's readiness to succeed in school and life;
(c) Washington's competitiveness in the global economy requires a world-class education system that starts early and supports lifelong learning;
(d) Washington state currently makes substantial investments in voluntary child care and early learning services and supports, but because services are fragmented across multiple state agencies, and early learning providers lack the supports and incentives needed to improve the quality of services they provide, many parents have difficulty accessing high quality early learning services;
(e) A more cohesive and integrated voluntary early learning system would result in greater efficiencies for the state, increased partnership between the state and the private sector, improved access to high quality early learning services, and better employment and early learning outcomes for families and all children.
(2) The legislature finds that:
(a) The early years of a child's life are critical to the child's healthy brain development and that the quality of caregiving during the early years can significantly impact the child's intellectual, social, and emotional development;
(b) A successful outcome for every child obtaining a K-12 education depends on children being prepared from birth for academic and social success in school. For children at risk of school failure, the achievement gap often emerges as early as eighteen months of age;
(c) There currently is a shortage of high quality services and supports for children ages birth to three and their parents and caregivers; and
(d) Increasing the availability of high quality services for children ages birth to three and their parents and caregivers will result in improved school and life outcomes.
(3) Therefore, the legislature intends to establish a robust birth-to-three continuum of services for parents and caregivers of young children in order to provide education and support regarding the importance of early childhood development.
(4) The purpose of this chapter is:
(a) To establish the department of early learning;
(b) To coordinate and consolidate state activities relating to child care and early learning programs;
(c) To safeguard and promote the health, safety, and well-being of children receiving child care and early learning assistance, which is paramount over the right of any person to provide care;
(d) To provide tools to promote the hiring of suitable providers of child care by:
(i) Providing parents with access to information regarding child care providers;
(ii) Providing parents with child care licensing action histories regarding child care providers; and
(iii) Requiring background checks of applicants for employment in any child care facility licensed or regulated under current law;
(e) To promote linkages and alignment between early learning programs and elementary schools and support the transition of children and families from prekindergarten environments to kindergarten;
(f) To promote the development of a sufficient number and variety of adequate child care and early learning facilities, both public and private; and
(g) To license agencies and to assure the users of such agencies, their parents, the community at large and the agencies themselves that adequate minimum standards are maintained by all child care and early learning facilities.
(5) This chapter does not expand the state's authority to license or regulate activities or programs beyond those licensed or regulated under existing law.
NOTES:
Captions not law2007 c 415: "Captions used in this act are not any part of the law." [ 2007 c 415 § 11.]



43.215.010
Definitions. (Effective until July 1, 2018, then recodified as RCW 43.216.010.)

The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.
(1) "Agency" means any person, firm, partnership, association, corporation, or facility that provides child care and early learning services outside a child's own home and includes the following irrespective of whether there is compensation to the agency:
(a) "Child day care center" means an agency that regularly provides early childhood education and early learning services for a group of children for periods of less than twenty-four hours;
(b) "Early learning" includes but is not limited to programs and services for child care; state, federal, private, and nonprofit preschool; child care subsidies; child care resource and referral; parental education and support; and training and professional development for early learning professionals;
(c) "Family day care provider" means a child care provider who regularly provides early childhood education and early learning services for not more than twelve children in the provider's home in the family living quarters;
(d) "Nongovernmental private-public partnership" means an entity registered as a nonprofit corporation in Washington state with a primary focus on early learning, school readiness, and parental support, and an ability to raise a minimum of five million dollars in contributions;
(e) "Service provider" means the entity that operates a community facility.
(2) "Agency" does not include the following:
(a) Persons related to the child in the following ways:
(i) Any blood relative, including those of half-blood, and including first cousins, nephews or nieces, and persons of preceding generations as denoted by prefixes of grand, great, or great-great;
(ii) Stepfather, stepmother, stepbrother, and stepsister;
(iii) A person who legally adopts a child or the child's parent as well as the natural and other legally adopted children of such persons, and other relatives of the adoptive parents in accordance with state law; or
(iv) Spouses of any persons named in (a)(i), (ii), or (iii) of this subsection, even after the marriage is terminated;
(b) Persons who are legal guardians of the child;
(c) Persons who care for a neighbor's or friend's child or children, with or without compensation, where the person providing care for periods of less than twenty-four hours does not conduct such activity on an ongoing, regularly scheduled basis for the purpose of engaging in business, which includes, but is not limited to, advertising such care;
(d) Parents on a mutually cooperative basis exchange care of one another's children;
(e) Nursery schools that are engaged primarily in early childhood education with preschool children and in which no child is enrolled on a regular basis for more than four hours per day;
(f) Schools, including boarding schools, that are engaged primarily in education, operate on a definite school year schedule, follow a stated academic curriculum, and accept only school age children;
(g) Seasonal camps of three months' or less duration engaged primarily in recreational or educational activities;
(h) Facilities providing child care for periods of less than twenty-four hours when a parent or legal guardian of the child remains on the premises of the facility for the purpose of participating in:
(i) Activities other than employment; or
(ii) Employment of up to two hours per day when the facility is operated by a nonprofit entity that also operates a licensed child care program at the same facility in another location or at another facility;
(i) Any entity that provides recreational or educational programming for school age children only and the entity meets all of the following requirements:
(i) The entity utilizes a drop-in model for programming, where children are able to attend during any or all program hours without a formal reservation;
(ii) The entity does not assume responsibility in lieu of the parent, unless for coordinated transportation;
(iii) The entity is a local affiliate of a national nonprofit; and
(iv) The entity is in compliance with all safety and quality standards set by the associated national agency;
(j) A program operated by any unit of local, state, or federal government;
(k) A program located within the boundaries of a federally recognized Indian reservation, licensed by the Indian tribe;
(l) A program located on a federal military reservation, except where the military authorities request that such agency be subject to the licensing requirements of this chapter;
(m) A program that offers early learning and support services, such as parent education, and does not provide child care services on a regular basis.
(3) "Applicant" means a person who requests or seeks employment in an agency.
(4) "Conviction information" means criminal history record information relating to an incident which has led to a conviction or other disposition adverse to the applicant.
(5) "Department" means the department of early learning.
(6) "Director" means the director of the department.
(7) "Early achievers" means a program that improves the quality of early learning programs and supports and rewards providers for their participation.
(8) "Early childhood education and assistance program contractor" means an organization that provides early childhood education and assistance program services under a signed contract with the department.
(9) "Early childhood education and assistance program provider" means an organization that provides site level, direct, and high quality early childhood education and assistance program services under the direction of an early childhood education and assistance program contractor.
(10) "Early start" means an integrated high quality continuum of early learning programs for children birth-to-five years of age. Components of early start include, but are not limited to, the following:
(a) Home visiting and parent education and support programs;
(b) The early achievers program described in RCW 43.215.100;
(c) Integrated full-day and part-day high quality early learning programs; and
(d) High quality preschool for children whose family income is at or below one hundred ten percent of the federal poverty level.
(11) "Education data center" means the education data center established in RCW 43.41.400, commonly referred to as the education research and data center.
(12) "Employer" means a person or business that engages the services of one or more people, especially for wages or salary to work in an agency.
(13) "Enforcement action" means denial, suspension, revocation, modification, or nonrenewal of a license pursuant to RCW 43.215.300(1) or assessment of civil monetary penalties pursuant to RCW 43.215.300(3).
(14) "Extended day program" means an early childhood education and assistance program that offers early learning education for at least ten hours per day, a minimum of two thousand hours per year, at least four days per week, and operates year-round.
(15) "Full day program" means an early childhood education and assistance program that offers early learning education for a minimum of one thousand hours per year.
(16) "Low-income child care provider" means a person who administers a child care program that consists of at least eighty percent of children receiving working connections child care subsidy.
(17) "Low-income neighborhood" means a district or community where more than twenty percent of households are below the federal poverty level.
(18) "Negative action" means a court order, court judgment, or an adverse action taken by an agency, in any state, federal, tribal, or foreign jurisdiction, which results in a finding against the applicant reasonably related to the individual's character, suitability, and competence to care for or have unsupervised access to children in child care. This may include, but is not limited to:
(a) A decision issued by an administrative law judge;
(b) A final determination, decision, or finding made by an agency following an investigation;
(c) An adverse agency action, including termination, revocation, or denial of a license or certification, or if pending adverse agency action, the voluntary surrender of a license, certification, or contract in lieu of the adverse action;
(d) A revocation, denial, or restriction placed on any professional license; or
(e) A final decision of a disciplinary board.
(19) "Nonconviction information" means arrest, founded allegations of child abuse, or neglect pursuant to chapter 26.44 RCW, or other negative action adverse to the applicant.
(20) "Nonschool age child" means a child who is age six years or younger and who is not enrolled in a public or private school.
(21) "Part day program" means an early childhood education and assistance program that offers early learning education for at least two and one-half hours per class session, at least three hundred twenty hours per year, for a minimum of thirty weeks per year.
(22) "Private school" means a private school approved by the state under chapter 28A.195 RCW.
(23) "Probationary license" means a license issued as a disciplinary measure to an agency that has previously been issued a full license but is out of compliance with licensing standards.
(24) "Requirement" means any rule, regulation, or standard of care to be maintained by an agency.
(25) "School age child" means a child who is five years of age through twelve years of age and is attending a public or private school or is receiving home-based instruction under chapter 28A.200 RCW.
(26) "Washington state preschool program" means an education program for children three-to-five years of age who have not yet entered kindergarten, such as the early childhood education and assistance program.
NOTES:
Reviser's note: This section was amended by 2016 c 169 § 3 and by 2016 c 231 § 1, each without reference to the other. Both amendments are incorporated in the publication of this section under RCW 1.12.025(2). For rule of construction, see RCW 1.12.025(1).
FindingIntent2016 c 169: See note following RCW 43.215.564.
FindingIntent2015 3rd sp.s. c 7: See note following RCW 43.215.100.
Captions not law2007 c 415: See note following RCW 43.215.005.
FindingDeclaration2007 c 394: "The legislature finds that education is the single most effective investment that can be made in children, the state, the economy, and the future. A well-educated citizenry is essential both for the preservation of democracy and for enhancing the state's ability to compete in the knowledge-based global economy.
As recommended by Washington learns, the legislature declares that the overarching goal for education in the state is to have a world-class, learner-focused, seamless education system that educates more Washingtonians to the highest levels of educational attainment." [ 2007 c 394 § 1.]
Captions not law2007 c 394: "Captions used in this act are not any part of the law." [ 2007 c 394 § 8.]



43.215.020
Department created—Primary duties. (Effective until July 1, 2018, then recodified as RCW 43.216.020.)

(1) The department of early learning is created as an executive branch agency. The department is vested with all powers and duties transferred to it under this chapter and such other powers and duties as may be authorized by law.
(2) The primary duties of the department are to implement state early learning policy and to coordinate, consolidate, and integrate child care and early learning programs in order to administer programs and funding as efficiently as possible. The department's duties include, but are not limited to, the following:
(a) To support both public and private sectors toward a comprehensive and collaborative system of early learning that serves parents, children, and providers and to encourage best practices in child care and early learning programs;
(b) To make early learning resources available to parents and caregivers;
(c) To carry out activities, including providing clear and easily accessible information about quality and improving the quality of early learning opportunities for young children, in cooperation with the nongovernmental private-public partnership;
(d) To administer child care and early learning programs;
(e) To apply data already collected comparing the following factors and make biennial recommendations to the legislature regarding working connections subsidy and state-funded preschool rates and compensation models that would attract and retain high quality early learning professionals:
(i) State-funded early learning subsidy rates and market rates of licensed early learning homes and centers;
(ii) Compensation of early learning educators in licensed centers and homes and early learning teachers at state higher education institutions;
(iii) State-funded preschool program compensation rates and Washington state head start program compensation rates; and
(iv) State-funded preschool program compensation to compensation in similar comprehensive programs in other states;
(f) To serve as the state lead agency for Part C of the federal individuals with disabilities education act (IDEA) and to develop and adopt rules that establish minimum requirements for the services offered through Part C programs, including allowable allocations and expenditures for transition into Part B of the federal individuals with disabilities education act (IDEA);
(g) To standardize internal financial audits, oversight visits, performance benchmarks, and licensing criteria, so that programs can function in an integrated fashion;
(h) To support the implementation of the nongovernmental private-public partnership and cooperate with that partnership in pursuing its goals including providing data and support necessary for the successful work of the partnership;
(i) To work cooperatively and in coordination with the early learning council;
(j) To collaborate with the K-12 school system at the state and local levels to ensure appropriate connections and smooth transitions between early learning and K-12 programs;
(k) To develop and adopt rules for administration of the program of early learning established in RCW 43.215.455;
(l) To develop a comprehensive birth-to-three plan to provide education and support through a continuum of options including, but not limited to, services such as: Home visiting; quality incentives for infant and toddler child care subsidies; quality improvements for family home and center-based child care programs serving infants and toddlers; professional development; early literacy programs; and informal supports for family, friend, and neighbor caregivers; and
(m) Upon the development of an early learning information system, to make available to parents timely inspection and licensing action information and provider comments through the internet and other means.
(3) When additional funds are appropriated for the specific purpose of home visiting and parent and caregiver support, the department must reserve at least eighty percent for home visiting services to be deposited into the home visiting services account and up to twenty percent of the new funds for other parent or caregiver support.
(4) Home visiting services must include programs that serve families involved in the child welfare system.
(5) Subject to the availability of amounts appropriated for this specific purpose, the legislature shall fund the expansion in the Washington state preschool program pursuant to RCW 43.215.456 in fiscal year 2014.
(6) The department's programs shall be designed in a way that respects and preserves the ability of parents and legal guardians to direct the education, development, and upbringing of their children, and that recognizes and honors cultural and linguistic diversity. The department shall include parents and legal guardians in the development of policies and program decisions affecting their children.
NOTES:
Effective date2010 c 233: "This act takes effect July 1, 2010." [ 2010 c 233 § 4.]
FindingDeclarationCaptions not law2007 c 394: See notes following RCW 43.215.010.



43.215.030
Director—Appointment—Salary. (Effective until July 1, 2018, then recodified as RCW 43.216.025.)

(1) The executive head and appointing authority of the department is the director. The director shall be appointed by the governor with the consent of the senate, and shall serve at the pleasure of the governor. The governor shall solicit input from all parties involved in the private-public partnership concerning this appointment. The director shall be paid a salary to be fixed by the governor in accordance with RCW 43.03.040. If a vacancy occurs in the position of director while the senate is not in session, the governor shall make a temporary appointment until the next meeting of the senate when the governor's nomination for the office of director shall be presented.
(2) The director may employ staff members, who shall be exempt from chapter 41.06 RCW, and any additional staff members as are necessary to administer this chapter. The director may delegate any power or duty vested in him or her by this chapter, including authority to make final decisions and enter final orders in hearings conducted under chapter 34.05 RCW.



43.215.040
Director—Power and duties. (Effective until July 1, 2018.)

It is the intent of the legislature wherever possible to place the internal affairs of the department under the control of the director in order that the director may institute therein the flexible, alert, and intelligent management of its business that changing contemporary circumstances require. Therefore, whenever the director's authority is not specifically limited by law, the director has complete charge and supervisory powers over the department. The director may create such administrative structures as the director considers appropriate, except as otherwise specified by law. The director may employ such assistants and personnel as necessary for the general administration of the department. This employment shall be in accordance with the state civil service law, chapter 41.06 RCW, except as otherwise provided.



43.215.050
Advisory committees or councils—Travel expenses. (Effective until July 1, 2018, then recodified as RCW 43.216.045.)

The director may appoint such advisory committees or councils as may be required by any federal legislation as a condition to the receipt of federal funds by the department. The director may also appoint statewide committees or councils on such subject matters as are or come within the department's responsibilities. The committees or councils shall be constituted as required by federal law or as the director may determine.
Members of such state advisory committees or councils may be paid their travel expenses in accordance with RCW 43.03.050 and 43.03.060.



43.215.060
Federal and state cooperation—Rules—Construction. (Effective until July 1, 2018, then recodified as RCW 43.216.055.)

In furtherance of the policy of the state to cooperate with the federal government in all of the programs under the jurisdiction of the department, such rules as may become necessary to entitle the state to participate in federal funds may be adopted, unless expressly prohibited by law. Any internal reorganization carried out under the terms of this chapter shall meet federal requirements that are a necessary condition to state receipt of federal funds. Any section or provision of law dealing with the department that may be susceptible to more than one construction shall be interpreted in favor of the construction most likely to comply with federal laws entitling this state to receive federal funds for the various programs of the department.



43.215.065
Policies to support children of incarcerated parents. (Effective until July 1, 2018, then recodified as RCW 43.216.060.)

(1)(a) The director of the department of early learning shall review current department policies and assess the adequacy and availability of programs targeted at persons who receive assistance who are the children and families of a person who is incarcerated in a department of corrections facility. Great attention shall be focused on programs and policies affecting foster youth who have a parent who is incarcerated.
(b) The director shall adopt policies that support the children of incarcerated parents and meet their needs with the goal of facilitating normal child development, while reducing intergenerational incarceration.
(2) The director shall conduct the following activities to assist in implementing the requirements of subsection (1) of this section:
(a) Gather information and data on the recipients of assistance who are the children and families of inmates incarcerated in department of corrections facilities; and
(b) Participate in the children of incarcerated parents advisory committee and report information obtained under this section to the advisory committee.
NOTES:
IntentFinding2007 c 384: See note following RCW 72.09.495.



43.215.070
Private-public partnership. (Effective until July 1, 2018, then recodified as RCW 43.216.065.)

(1) In addition to other duties under this chapter, the director shall actively participate in a nongovernmental private-public partnership focused on supporting government's investments in early learning and ensuring that every child in the state is prepared to succeed in school and in life. Except for licensing as required by Washington state law and to the extent permitted by federal law, the director of the department of early learning shall grant waivers from the rules of state agencies for the operation of early learning programs requested by the nongovernmental private-public partnership to allow for flexibility to pursue market-based approaches to achieving the best outcomes for children and families.
(2) In addition to other powers granted to the director, the director may:
(a) Enter into contracts on behalf of the department to carry out the purposes of this chapter;
(b) Accept gifts, grants, or other funds for the purposes of this chapter; and
(c) Adopt, in accordance with chapter 34.05 RCW, rules necessary to implement this chapter, including rules governing child day care and early learning programs under this chapter. This section does not expand the rule-making authority of the director beyond that necessary to implement and administer programs and services existing July 1, 2006, as transferred to the department of early learning under section 501, chapter 265, Laws of 2006. The rule-making authority does not include any authority to set mandatory curriculum or establish what must be taught in child day care centers or by family day care providers.



43.215.080
Reports to the governor and legislature. (Effective until July 1, 2018, then recodified as RCW 43.216.070.)

Two years after the implementation of the department's early learning program, and every two years thereafter by July 1st, the department shall submit to the governor and the legislature a report measuring the effectiveness of its programs in improving early childhood education. The first report shall include program objectives and identified valid performance measures for evaluating progress toward achieving the objectives, as well as a plan for commissioning a longitudinal study comparing the kindergarten readiness of children participating in the department's programs with the readiness of other children, using nationally accepted testing and assessment methods. Such comparison shall include, but not be limited to, achievement as children of both groups progress through the K-12 system and identify year-to-year changes in achievement, if any, in later years of elementary, middle school, and high school education.



43.215.090
Early learning advisory council—Policy development and implementation—Early achievers review subcommittee. (Effective until July 1, 2018, then recodified as RCW 43.216.075.)

(1) The early learning advisory council is established to advise the department on statewide early learning issues that contribute to the ongoing efforts of building a comprehensive system of quality early learning programs and services for Washington's young children and families.
(2) The council shall work in conjunction with the department to assist in policy development and implementation that assist the department in promoting alignment of private and public sector actions, objectives, and resources, ensuring school readiness.
(3) The council shall include diverse, statewide representation from public, nonprofit, and for-profit entities. Its membership shall include critical partners in service delivery and reflect regional, racial, and cultural diversity to adequately represent the needs of all children and families in the state.
(4) Councilmembers shall serve two-year terms. However, to stagger the terms of the council, the initial appointments for twelve of the members shall be for one year. Once the initial one-year to two-year terms expire, all subsequent terms shall be for two years, with the terms expiring on June 30th of the applicable year. The terms shall be staggered in such a way that, where possible, the terms of members representing a specific group do not expire simultaneously.
(5) The council shall consist of members essential to coordinating services statewide prenatal through age five, as follows:
(a) In addition to being staffed and supported by the department, the governor shall appoint one representative from each of the following: The department of health, the student achievement council, and the state board for community and technical colleges;
(b) One representative from the office of the superintendent of public instruction, to be appointed by the superintendent of public instruction;
(c) The governor shall appoint leaders in early childhood education to represent critical service delivery and support sectors, with at least one individual representing each of the following:
(i) The head start state collaboration office director or the director's designee;
(ii) A representative of a head start, early head start, or migrant/seasonal head start program;
(iii) A representative of a local education agency;
(iv) A representative of the state agency responsible for programs under section 619 or part C of the federal individuals with disabilities education act;
(v) A representative of the early childhood education and assistance program;
(vi) A representative of licensed family day care providers;
(vii) A representative of child day care centers; and
(viii) A representative from the home visiting advisory committee established in RCW 43.215.130;
(d) Two members of the house of representatives, one from each caucus, to be appointed by the speaker of the house of representatives and two members of the senate, one from each caucus, to be appointed by the majority leader in the senate and the minority leader in the senate;
(e) Two parents, one of whom serves on the department's parent advisory group, to be appointed by the governor;
(f) One representative of the private-public partnership created in RCW 43.215.070, to be appointed by the partnership board;
(g) One representative from the developmental disabilities community;
(h) Two representatives from early learning regional coalitions;
(i) Representatives of underserved communities who have a special expertise or interest in high quality early learning, one to be appointed by each of the following commissions:
(i) The Washington state commission on Asian Pacific American affairs;
(ii) The Washington state commission on African-American affairs; and
(iii) The Washington state commission on Hispanic affairs;
(j) Two representatives designated by sovereign tribal governments, one of whom must be a representative of a tribal early childhood education assistance program or head start program;
(k) One representative from the Washington federation of independent schools;
(l) One representative from the Washington library association; and
(m) One representative from a statewide advocacy coalition of organizations that focuses on early learning.
(6) The council shall be cochaired by two members, to be elected by the council for two-year terms and not more than one cochair may represent a state agency.
(7) The council shall appoint two members and stakeholders with expertise in early learning to sit on the technical working group created in section 2, chapter 234, Laws of 2010.
(8) Each member of the board shall be compensated in accordance with RCW 43.03.240 and reimbursed for travel expenses incurred in carrying out the duties of the board in accordance with RCW 43.03.050 and 43.03.060.
(9)(a) The council shall convene an early achievers review subcommittee to provide feedback and guidance on strategies to improve the quality of instruction and environment for early learning and provide input and recommendations on the implementation and refinement of the early achievers program. The review conducted by the subcommittee shall be a part of the annual progress report required in RCW 43.215.102. At a minimum the review shall address the following:
(i) Adequacy of data collection procedures;
(ii) Coaching and technical assistance standards;
(iii) Progress in reducing barriers to participation for low-income providers and providers from diverse cultural backgrounds, including a review of the early achievers program's rating tools, quality standard areas, and components, and how they are applied;
(iv) Strategies in response to data on the effectiveness of early achievers program standards in relation to providers and children from diverse cultural backgrounds;
(v) Status of the life circumstance exemption protocols; and
(vi) Analysis of early achievers program data trends.
(b) The subcommittee must include consideration of cultural linguistic responsiveness when analyzing the areas for review required by (a) of this subsection.
(c) The subcommittee shall include representatives from child care centers, family child care, the early childhood education and assistance program, contractors for early achievers program technical assistance and coaching, tribal governments, the organization responsible for conducting early achievers program ratings, and parents of children participating in early learning programs, including working connections child care and early childhood education and assistance programs. The subcommittee shall include representatives from diverse cultural and linguistic backgrounds.
(10) The department shall provide staff support to the council.
NOTES:
FindingIntent2015 3rd sp.s. c 7: See note following RCW 43.215.100.
Effective date2012 c 229 §§ 101, 117, 401, 402, 501 through 594, 601 through 609, 701 through 708, 801 through 821, 902, and 904: See note following RCW 28B.77.005.
FindingPurpose2011 c 177: "The legislature finds that to fully comply with requirements in section 642B of the federal head start act, 42 U.S.C. Sec. 9837b, regarding state advisory council membership, Washington must amend existing law to reflect necessary changes in early learning advisory council membership in accordance with the federal requirement.
Accordingly, the purpose of this act is to specify four of the governor's appointees as permanent members on the early learning advisory council to comply with state advisory council requirements as follows: The head start state collaboration office director or a designee; a representative of a head start, early head start, migrant/seasonal head start, or tribal head start program; a representative of a local education agency; and a representative of the state agency responsible for programs under section 619 or part C of the federal individuals with disabilities education act. This act also revises the categories of groups from which the governor may appoint additional representatives as members of the council." [ 2011 c 177 § 1.]
Intent2010 c 234: "The department of early learning, the superintendent of public instruction, and thrive by five's joint early learning recommendations to the governor, and the quality education council's January 2010 recommendations to the legislature both suggested that a voluntary program of early learning should be included within the overall program of basic education. The legislature intends to examine these recommendations and Attorney General Opinion Number 8 (2009) through the development of a working group to identify and recommend a comprehensive plan." [ 2010 c 234 § 1.]
FindingDeclarationCaptions not law2007 c 394: See notes following RCW 43.215.010.



43.215.099
Integration with other entities. (Effective until July 1, 2018, then recodified as RCW 43.216.080.)

(1) The foundation of quality in the early care and education system in Washington is the quality rating and improvement system entitled the early achievers program. In an effort to build on the existing quality framework, enhance access to quality care for children, and strengthen the entire early care and education systems in the state, it is important to integrate the efforts of state and local governments, school districts, institutions of higher education as defined in RCW 28B.10.016, and nonprofit organizations.
(2) Local governments, school districts, institutions of higher education as defined in RCW 28B.10.016, and nonprofit organizations are encouraged to collaborate with the department when establishing and strengthening early learning programs for residents.
(3) Local governments, school districts, institutions of higher education as defined in RCW 28B.10.016, and nonprofit organizations may contribute funds to the department for the following purposes:
(a) Initial investments to build capacity and quality in local early care and education programming;
(b) Reductions in copayments charged to parents or caregivers;
(c) To expand access and eligibility in the early childhood education and assistance program.
(4) Funds contributed to the department by local governments, school districts, institutions of higher education as defined in RCW 28B.10.016, and nonprofit organizations must be deposited in the early start account established in RCW 43.215.195.
(5) Children enrolled in the early childhood education and assistance program with funds contributed in accordance with subsection (3)(c) of this section are not considered to be eligible children as defined in RCW 43.215.405 and are not considered to be part of the state-funded entitlement required in RCW 43.215.456.
NOTES:
Intent2017 c 178: "The legislature recognizes that local governments, school districts, institutions of higher education as defined in RCW 28B.10.016, and nonprofit organizations play an important role in strengthening the early care and education systems in the state. The legislature acknowledges that these entities may face barriers to investing in early care and education programs. The legislature intends to create a local pathway to high quality early learning to help these entities understand how they can use additional local and private funds with existing funds to expand access for existing programs. The legislature intends for this local pathway to reduce barriers and increase efficiency to provide more high quality early learning opportunities." [ 2017 c 178 § 1.]
FindingIntent2015 3rd sp.s. c 7: See note following RCW 43.215.100.



43.215.100
Early achievers program—Quality rating and improvement system. (Effective until July 1, 2018, then recodified as RCW 43.216.085.)

(1) The department, in collaboration with tribal governments and community and statewide partners, shall implement a quality rating and improvement system, called the early achievers program. The early achievers program provides a foundation of quality for the early care and education system. The early achievers program is applicable to licensed or certified child care centers and homes and early learning programs such as working connections child care and early childhood education and assistance programs.
(2) The objectives of the early achievers program are to:
(a) Improve short-term and long-term educational outcomes for children as measured by assessments including, but not limited to, the Washington kindergarten inventory of developing skills in RCW 28A.655.080;
(b) Give parents clear and easily accessible information about the quality of child care and early education programs;
(c) Support improvement in early learning and child care programs throughout the state;
(d) Increase the readiness of children for school;
(e) Close the disparities in access to quality care;
(f) Provide professional development and coaching opportunities to early child care and education providers; and
(g) Establish a common set of expectations and standards that define, measure, and improve the quality of early learning and child care settings.
(3)(a) Licensed or certified child care centers and homes serving nonschool-age children and receiving state subsidy payments must participate in the early achievers program by the required deadlines established in RCW 43.215.135.
(b) Approved early childhood education and assistance program providers receiving state-funded support must participate in the early achievers program by the required deadlines established in RCW 43.215.415.
(c) Participation in the early achievers program is voluntary for:
(i) Licensed or certified child care centers and homes not receiving state subsidy payments; and
(ii) Early learning programs not receiving state funds.
(d) School-age child care providers are exempt from participating in the early achievers program. By July 1, 2017, the department and the office of the superintendent of public instruction shall jointly design a plan to incorporate school-age child care providers into the early achievers program or other appropriate quality improvement system. To test implementation of the early achievers system for school-age child care providers the department and the office of the superintendent of public instruction shall implement a pilot program.
(4) There are five levels in the early achievers program. Participants are expected to actively engage and continually advance within the program.
(5) The department has the authority to determine the rating cycle for the early achievers program. The department shall streamline and eliminate duplication between early achievers standards and state child care rules in order to reduce costs associated with the early achievers rating cycle and child care licensing.
(a) Early achievers program participants may request to be rated at any time after the completion of all level 2 activities.
(b) The department shall provide an early achievers program participant an update on the participant's progress toward completing level 2 activities after the participant has been enrolled in the early achievers program for fifteen months.
(c) The first rating is free for early achievers program participants.
(d) Each subsequent rating within the established rating cycle is free for early achievers program participants.
(6)(a) Early achievers program participants may request to be rerated outside the established rating cycle.
(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.
(b) The department shall publish to the department's web site, or offer a link on its web site to, the following information:
(i) By November 1, 2015, early achievers program rating levels 1 through 5 for all child care programs that receive state subsidy, early childhood education and assistance programs, and federal head start programs in Washington; and
(ii) New early achievers program ratings within thirty days after a program becomes licensed or certified, or receives a rating.
(c) The early achievers program rating levels shall be published in a manner that is easily accessible to parents and caregivers and takes into account the linguistic needs of parents and caregivers.
(d) The department must publish early achievers program rating levels for child care programs that do not receive state subsidy but have voluntarily joined the early achievers program.
(e) Early achievers program participants who have published rating levels on the department's web site or on a link on the department's web site may include a brief description of their program, contingent upon the review and approval by the department, as determined by established marketing standards.
(8)(a) The department shall create a professional development pathway for early achievers program participants to obtain a high school diploma or equivalency or higher education credential in early childhood education, early childhood studies, child development, or an academic field related to early care and education.
(b) The professional development pathway must include opportunities for scholarships and grants to assist early achievers program participants with the costs associated with obtaining an educational degree.
(c) The department shall address cultural and linguistic diversity when developing the professional development pathway.
(9) The early achievers quality improvement awards shall be reserved for participants offering programs to an enrollment population consisting of at least five percent of children receiving a state subsidy.
(10) In collaboration with tribal governments, community and statewide partners, and the early achievers review subcommittee created in RCW 43.215.090, the department shall develop a protocol for granting early achievers program participants an extension in meeting rating level requirement timelines outlined for the working connections child care program and the early childhood education and assistance program.
(a) The department may grant extensions only under exceptional circumstances, such as when early achievers program participants experience an unexpected life circumstance.
(b) Extensions shall not exceed six months, and early achievers program participants are only eligible for one extension in meeting rating level requirement timelines.
(c) Extensions may only be granted to early achievers program participants who have demonstrated engagement in the early achievers program.
(11)(a) The department shall accept national accreditation that meets the requirements of this subsection (11) as a qualification for the early achievers program ratings.
(b) Each national accreditation agency will be allowed to submit its most current standards of accreditation to establish potential credit earned in the early achievers program. The department shall grant credit to accreditation bodies that can demonstrate that their standards meet or exceed the current early achievers program standards.
(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. Eligibility for the early achievers program is not subject to bargaining, mediation, or interest arbitration under RCW 41.56.028, consistent with the legislative reservation of rights under RCW 41.56.028(4)(d).
(12) The department shall explore the use of alternative quality assessment tools that meet the culturally specific needs of the federally recognized tribes in the state of Washington.
(13) A child care or early learning program that is operated by a federally recognized tribe and receives state funds shall participate in the early achievers program. The tribe may choose to participate through an interlocal agreement between the tribe and the department. The interlocal agreement must reflect the government-to-government relationship between the state and the tribe, including recognition of tribal sovereignty. The interlocal agreement must provide that:
(a) Tribal child care facilities and early learning programs may volunteer, but are not required, to be licensed by the department;
(b) Tribal child care facilities and early learning programs are not required to have their early achievers program rating level published to the department's web site or through a link on the department's web site; and
(c) Tribal child care facilities and early learning programs must provide notification to parents or guardians who apply for or have been admitted into their program that early achievers program rating level information is available and provide the parents or guardians with the program's early achievers program rating level upon request.
(14) The department shall consult with the early achievers review subcommittee on all substantial policy changes to the early achievers program.
(15) Nothing in this section changes the department's responsibility to collectively bargain over mandatory subjects or limits the legislature's authority to make programmatic modifications to licensed child care and early learning programs under RCW 41.56.028(4)(d).
NOTES:
FindingIntent2015 3rd sp.s. c 7: "(1) The legislature finds that quality early care and education builds the foundation for a child's success in school and in life. The legislature acknowledges that a quality framework is necessary for the early care and education system in Washington. The legislature recognizes that empirical evidence supports the conclusion that high quality programs consistently yield more positive outcomes for children, with the strongest positive impacts on the most vulnerable children. The legislature acknowledges that critical developmental windows exist in early childhood, and low quality child care has damaging effects for children. The legislature further understands that the proper dosage, duration of programming, and stability of care are critical to enhancing program quality and improving child outcomes. The legislature acknowledges that the early care and education system should strive to address the needs of Washington's culturally and linguistically diverse populations. The legislature understands that parental choice and provider diversity are guiding principles for early learning programs.
(2) The legislature intends to prioritize the integration of child care and preschool in an effort to promote full day programming. The legislature further intends to reward quality and create incentives for providers to participate in a quality rating and improvement system that will also provide valuable information to parents regarding the quality of care available in their communities." [ 2015 3rd sp.s. c 7 § 1.]
FindingDeclarationCaptions not law2007 c 394: See notes following RCW 43.215.010.



43.215.1001
Joint select committee on the early achievers program. (Effective until July 1, 2018, then recodified as RCW 43.216.0851.)

(1)(a) A joint select committee on the early achievers program is established with members as provided in this subsection.
(i) Chair and ranking minority member of the house of representatives appropriations committee, or his or her designee who must be a member of the house of representatives appropriations committee;
(ii) Chair and ranking minority member of the senate ways and means committee, or his or her designee who must be a member of the senate ways and means committee;
(iii) Chair and ranking minority member of the house of representatives early learning and human services committee, or his or her designee who must be a member of the house of representatives early learning and human services committee; and
(iv) Chair and ranking minority member of the senate early learning and K-12 education committee, or his or her designee who must be a member of the senate early learning and K-12 education committee.
(b) The committee shall choose its chair or cochairs from among its legislative membership. The chair of the house of representatives early learning and human services committee, or his or her designee, and the chair of the senate early learning and K-12 education committee, or his or her designee, shall convene the initial meeting of the committee.
(2) Between July 1, 2018, and December 1, 2018, the early achievers joint select committee shall review the demand and availability of licensed or certified child care family homes and centers, approved early childhood education and assistance programs, head start programs, and family, friend, and neighbor caregivers by geographic region, including rural and low-income neighborhoods. This review shall specifically look at the following:
(a) The geographic distribution of these child care programs by type of program, programs that accept state subsidy, enrollment in the early achievers program, and early achievers rating levels; and
(b) The demand and availability of these child care programs for major ethnic populations.
(3) By December 1, 2018, the early achievers joint select committee shall make recommendations to the legislature on the following:
(a) The sufficiency of funding provided for the early achievers program;
(b) The need for targeted funding for specific geographic regions or major ethnic populations; and
(c) Whether to modify the deadlines established in RCW 43.215.135 for purposes of the early achievers program mandate established in RCW 43.215.100.
(4) Staff support for the committee must be provided by the senate committee services and the house of representatives office of program research.
(5) Legislative members of the committee must be reimbursed for travel expenses in accordance with RCW 44.04.120.
(6) The expenses of the committee must be paid jointly by the senate and the house of representatives. Committee expenditures are subject to approval by the senate facilities and operations committee and the house of representatives executive rules committee, or their successor committees.
(7) The committee shall report its findings and recommendations to the appropriate committees of the legislature by December 1, 2018.
(8) This section expires December 1, 2019.
NOTES:
FindingIntent2015 3rd sp.s. c 7: See note following RCW 43.215.100.



43.215.101
Early achievers program—Participation of culturally diverse and low-income center and family home child care providers. (Effective until July 1, 2018, then recodified as RCW 43.216.087.)

(1)(a) The department shall, in collaboration with tribal governments and community and statewide partners, implement a protocol to maximize and encourage participation in the early achievers program for culturally diverse and low-income center and family home child care providers. Amounts appropriated for the encouragement of culturally diverse and low-income center and family home child care provider participation shall be appropriated separately from the other funds appropriated for the department, are the only funds that may be used for the protocol, and may not be used for any other purposes. Funds appropriated for the protocol shall be considered an ongoing program for purposes of future departmental budget requests.
(b) During the first thirty months of implementation of the early achievers program the department shall prioritize the resources authorized in this section to assist providers rating at a level 2 in the early achievers program to help them reach a level 3 rating 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 at level 2 in the early achievers program to assist with purchasing curriculum development, instructional materials, supplies, and equipment to improve program quality. Priority for the needs-based grants shall be given to culturally diverse and low-income providers;
(c) The development of materials and assessments in a timely manner, and to the extent feasible, in the provider and family home languages; and
(d) The development of flexibility in technical assistance and coaching structures to provide differentiated types and amounts of support to providers based on individual need and cultural context.
NOTES:
FindingIntent2015 3rd sp.s. c 7: See note following RCW 43.215.100.



43.215.102
Early achievers program—Annual progress report—Mitigation plan for areas not achieving required rating levels. (Effective until July 1, 2018, then recodified as RCW 43.216.089.)

(1) Beginning December 15, 2015, and each December 15th thereafter, the department, in collaboration with the statewide child care resource and referral organization, and the early achievers review subcommittee of the early learning advisory council, shall submit, in compliance with RCW 43.01.036, a progress report to the governor and the legislature regarding providers' progress in the early achievers program. Each progress report must include the following elements:
(a) The number, and relative percentage, of family child care and center providers who have enrolled in the early achievers program and who have:
(i) Completed the level 2 activities;
(ii) Completed rating readiness consultation and are waiting to be rated;
(iii) Achieved the required rating level to remain eligible for state-funded support under the early childhood education and assistance program or a subsidy under the working connections child care program;
(iv) Not achieved the required rating level initially but qualified for and are working through intensive targeted support in preparation for a partial rerate outside the standard rating cycle;
(v) Not achieved the required rating level initially and engaged in remedial activities before successfully achieving the required rating level;
(vi) Not achieved the required rating level after completing remedial activities; or
(vii) Received an extension from the department based on exceptional circumstances pursuant to RCW 43.215.100;
(b) A review of the services available to providers and children from diverse cultural backgrounds;
(c) An examination of the effectiveness of efforts to increase successful participation by providers serving children and families from diverse cultural and linguistic backgrounds and providers who serve children from low-income households;
(d) A description of the primary obstacles and challenges faced by providers who have not achieved the required rating level to remain eligible to receive:
(i) A subsidy under the working connections child care program; or
(ii) State-funded support under the early childhood education and assistance program;
(e) A summary of the types of exceptional circumstances for which the department has granted an extension pursuant to RCW 43.215.100;
(f) The average amount of time required for providers to achieve local level milestones within each level of the early achievers program;
(g) To the extent data is available, an analysis of the distribution of early achievers program-rated facilities in relation to child and provider demographics, including but not limited to race and ethnicity, home language, and geographical location;
(h) Recommendations for improving access for children from diverse cultural backgrounds to providers rated at a level 3 or higher in the early achievers program;
(i) Recommendations for improving the early achievers program standards;
(j) An analysis of any impact from quality strengthening efforts on the availability and quality of infant and toddler care;
(k) The number of contracted slots that use both early childhood education and assistance program funding and working connections child care program funding; and
(l) A description of the early childhood education and assistance program implementation to include the following:
(i) Progress on early childhood education and assistance program implementation as required pursuant to RCW 43.215.415, 43.215.425, and 43.215.455;
(ii) An examination of the regional distribution of new preschool programming by zip code;
(iii) An analysis of the impact of preschool expansion on low-income neighborhoods and communities;
(iv) Recommendations to address any identified barriers to access to quality preschool for children living in low-income neighborhoods;
(v) An analysis of any impact of extended day early care and education opportunities directives;
(vi) An examination of any identified barriers for providers to offer extended day early care and education opportunities;
(vii) An analysis of the demand for full-day programming for early childhood education and assistance program providers required under RCW 43.215.415; and
(viii) To the extent data is available, an analysis of the cultural diversity of early childhood education and assistance program providers and participants.
(2) The first annual report due under subsection (1) of this section also shall include a description of the early achievers program extension protocol required under RCW 43.215.100.
(3) The elements required to be reported under subsection (1)(a) of this section must be reported at the county level, and for those counties with a population of five hundred thousand and higher, the data must be reported at the zip code level.
(4) If, based on information in an annual report submitted in 2018 or later under this section, fifteen percent or more of the licensed or contracted providers who are participating in the early achievers program in a county or in a single zip code have not achieved the rating levels under RCW 43.215.135 and 43.215.415, the department must:
(a) Analyze the reasons providers in the affected counties or zip codes have not attained the required rating levels; and
(b) Develop a plan to mitigate the effect on the children and families served by these providers. The plan must be submitted to the legislature as part of the annual progress report along with any recommendations for legislative action to address the needs of the providers and the children and families they serve.
NOTES:
FindingIntent2015 3rd sp.s. c 7: See note following RCW 43.215.100.



43.215.103
Community information and involvement plan—Informing home-based, tribal, and family early learning providers of early achievers program. (Effective until July 1, 2018, then recodified as RCW 43.216.100.)

The department, in collaboration with the office of the superintendent of public instruction, shall create a community information and involvement plan to inform home-based, tribal, and family early learning providers of the early achievers program under RCW 43.215.100.
NOTES:
FindingIntent2016 c 72: See note following RCW 28A.600.015.



43.215.104
Native language development and retention—Dual language learning—Rules. (Effective until July 1, 2018, then recodified as RCW 43.216.105.)

(1) The department of early learning must work with community partners to support outreach and education for parents and families around the benefits of native language development and retention, as well as the benefits of dual language learning. Native language means the language normally used by an individual or, in the case of a child or youth, the language normally used by the parents or family of the child or youth. Dual language learning means learning in two languages, generally English and a target language other than English spoken in the local community, for example Spanish, Somali, Vietnamese, Russian, Arabic, native languages, or indigenous languages where the goal is bilingualism.
(2) Within existing resources, the department must create training and professional development resources on dual language learning, such as supporting English learners, working in culturally and linguistically diverse communities, strategies for family engagement, and cultural responsiveness. The department must design the training modules to be culturally responsive.
(3) Within existing resources, the department must support dual language learning communities for teachers and coaches.
(4) The department may adopt rules to implement this section.
NOTES:
FindingsIntent2017 c 236: See note following RCW 28A.630.095.



43.215.105
Core competencies for early care and education professionals and child and youth development professionals—Adoption and implementation—Updating. (Effective until July 1, 2018, then recodified as RCW 43.216.110.)

By December 31, 2012, the department shall adopt core competencies for early care and education professionals and child and youth development professionals and develop an implementation plan. The department shall incorporate the core competencies into all appropriate professional development opportunities including, but not limited to, the quality rating and improvement system, the early childhood education and assistance program, child care licensing, and the early support for infants and toddlers program. The purpose of the core competencies is to serve as a foundation for what early care and education professionals and child and youth development professionals need to know and do to provide quality care for children. The core competencies must be reviewed and updated every five years.
NOTES:
Findings2012 c 149: "The legislature finds that adopting statewide core competencies for early care and education professionals and child and youth development professionals is important because the competencies:
(1) Define what early care and education professionals and child and youth development professionals need to know and be able to do to provide quality care and education for children;
(2) Serve as the foundation for decisions and practices carried out by professionals in all early care and education settings and school-age child care settings;
(3) Establish a set of standards for early care and education professionals and child and youth development professionals that support the professionalism for the field;
(4) Are an integral part of a comprehensive professional development system; and
(5) Recognize existing standards met by nationally chartered nonprofit youth development agencies providing facility-based after school services for school-age children as relevant and sufficient standards." [ 2012 c 149 § 1.]



43.215.110
Partnership responsibilities—Department's duties—Partnership's duties. (Effective until July 1, 2018, then recodified as RCW 43.216.115.)

(1) In order to meet its partnership responsibilities, the department shall:
(a) Work collaboratively with the nongovernmental private-public partnership; and
(b) Actively seek public and private money for distribution as grants to the nongovernmental private-public partnership.
(2) In order to meet its partnership responsibilities, the nongovernmental private-public partnership shall:
(a) Work with and complement existing statewide efforts by enhancing parent resources and support, child care, preschool, and other early learning environments;
(b) Accept and expend funds to be used for quality improvement initiatives, including but not limited to parent resources and support, and support the alignment of existing funding streams and coordination of efforts across sectors;
(c) In conjunction with the department, provide leadership to early learning private-public partnerships forming in communities across the state. These local partnerships shall be encouraged to seek local funding and develop strategies to improve coordination and exchange information between the community, early care and education programs, and the K-12 system; and
(d) Assist the statewide movement to high quality early learning and the support of parents as a child's first and best teacher.
NOTES:
FindingDeclarationCaptions not law2007 c 394: See notes following RCW 43.215.010.



43.215.112
Reduction of barriers for using local or private funds for early learning opportunities. (Effective until July 1, 2018, then recodified as RCW 43.216.120.)

To the greatest extent possible, the department must reduce barriers and increase efficiency for using local or private funds, or both, to provide more high quality early learning opportunities.
NOTES:
Intent2017 c 178: See note following RCW 43.215.099.



43.215.120
Parental notification of report alleging sexual misconduct or abuse—Notice of parental rights. (Effective until July 1, 2018, then recodified as RCW 43.216.125.)

The department and an agency must, at the first opportunity but in all cases within forty-eight hours of receiving a report alleging sexual misconduct or abuse by an agency employee, notify the parents or guardian of a child alleged to be the victim, target, or recipient of the misconduct or abuse. The department and an agency shall provide parents annually with information regarding their rights under the public records act, chapter 42.56 RCW, to request the public records regarding the employee.
NOTES:
Captions not law2007 c 415: See note following RCW 43.215.005.



43.215.125
Washington head start program proposal—Report. (Effective until July 1, 2018.)

(1) For the 2009-2011 fiscal biennium, to the extent funds are appropriated for this purpose, the department shall develop a proposal for implementing a statewide Washington head start program. To the extent possible while maintaining quality standards, the proposal should align the state early childhood education and assistance program with federal head start program eligibility criteria, guidelines, performance standards, and methods/processes for ensuring continuous improvement in program quality. In this proposal, the department shall make recommendations that:
(a) Identify federal head start program guidelines, performance measures and standards, or other requirements for which state flexibility would be recommended. This shall include an analysis of how state flexibility may impact outcomes for children and how that flexibility might deviate from outcomes associated with the federal standards. Areas to be examined must include, but are not limited to, transportation requirements, service hour configurations, delivery methods, and impact on rural programs;
(b) Provide comparative data regarding child performance, readiness, and educational outcomes for Washington's existing head start and early childhood education and assistance programs;
(c) Determine the alignment between head start standards and the recommendations of Washington learns;
(d) Identify any change in the state early childhood education and assistance program laws that would be required to implement the Washington head start proposal;
(e) Identify additional resources needed to meet federal guidelines and standards. Areas to be examined must include, but are not limited to: Per-child funding levels, professional development and training needs, facilities needs, and technical assistance;
(f) Identify state early childhood education and assistance programs that do and do not offer full-day, full-year services to children, and what transition steps would be needed for these programs to operate in the same manner as federal head start programs;
(g) Provide steps for phasing-in the Washington head start proposal;
(h) Include a timeline, strategy, and funding needs to implement a statewide, state-supported early head start program as a component of the Washington head start proposal; and
(i) Detail the process the department would take with the regional office of federal head start in identifying any exceptions or waivers needed to provide flexibility and maintain high quality standards.
(2) In developing its recommendations for this proposal, the department shall seek, where appropriate and available, training or technical assistance from the appropriate regional office of federal head start in order to maximize nonstate resources that might be available for the consultative work and research involved with developing this proposal. The department also shall consult with and solicit input from:
(a) State early childhood education and assistance program providers on Indian reservations and across the state, including providers who operate solely state-supported programs;
(b) Tribal governments operating head start programs and early head start programs in the state to ensure that the needs of Indian and Alaskan native children and their families are incorporated into the recommendations of the proposal, especially as they pertain to standards or guidelines around language acquisition, school readiness, availability and need for services among Indian and Alaskan native children and their families, and curriculum development; and
(c) Providers operating migrant and seasonal head start programs in the state in order to address the needs of the children of migrant and seasonal farmworker families.
(3) The department shall make recommendations on how it would periodically review the standards and guidelines within the Washington head start program, including incorporation of the latest research and information on early childhood development as well as any new innovations that may further improve outcomes to low-income children and their families.
(4) The department's recommendations on a Washington head start proposal shall include how the proposal aligns with the department's current statutory duties. The recommendations shall also include any other options that may improve the quality of state-supported early learning programs.
(5) The department shall deliver its report to the governor and legislature by December 1, 2009.
NOTES:
Effective date2009 c 564: See note following RCW 2.68.020.
Findings2008 c 164: "The legislature finds that:
(1) It is in the best interest of the state to provide early learning services to economically disadvantaged families;
(2) Research has demonstrated that comprehensive services, including family support services designed to meet the early education needs of low-income and at-risk children, are successful in improving school readiness, reducing the risk of juvenile delinquency and incarceration, and reducing reliance on public assistance among these children later in life;
(3) The state's early childhood education and assistance program was originally established to serve as the state counterpart to the federal head start program. When it was created, it aligned with the federal program in both standards and funding levels;
(4) The state early childhood education and assistance program has served an important role in providing comprehensive services to low-income children. However, since it was first created, per-child funding levels for the state program have not kept pace with funding levels for the federal program. This has resulted in fewer service hours for children and less intensive services for families;
(5) Aligning performance standards and funding levels for the state early childhood education and assistance program with federal head start will improve the quality of state-supported early learning programs. Additionally, it will improve school readiness through measures, such as a forty percent increase in class time, and it will achieve administrative efficiencies and make state-supported services more easily recognizable and accessible to parents and families eligible for these programs; and
(6) Providing quality early learning services for children from birth to age three is the most cost-effective investment society can make. Additionally, the state can use the demonstrated results from the federal early head start program as an example to expand its reach of services already provided to three and four-year old children to children in the critical birth to three years age category." [ 2008 c 164 § 1.]



43.215.130
Home visiting services account—Purpose—Administration—Funding. (Effective until July 1, 2018, then recodified as RCW 43.216.130.)

(1)(a) The home visiting services account is created in the state treasury. Revenues to the account shall consist of appropriations by the legislature and all other sources deposited in the account. All federal funds received by the department for home visiting activities must be deposited into the account.
(b)(i) Expenditures from the account shall be used for state matching funds for the purposes of the program established in this section and federally funded activities for the home visiting program, including administrative expenses.
(ii) The department oversees the account and is the lead state agency for home visiting system development. The nongovernmental private-public partnership supports the home visiting service delivery system and provides support functions to funded programs.
(iii) It is the intent of the legislature that state funds invested in the account be matched by the private-public partnership each fiscal year.
(iv) Amounts used for program administration by the department may not exceed an average of ten percent in any two consecutive fiscal years.
(v) Authorizations for expenditures may be given only after private funds are committed. The nongovernmental private-public partnership must report to the department quarterly to demonstrate investment of private match funds.
(c) Expenditures from the account are subject to appropriation and the allotment provisions of chapter 43.88 RCW.
(2) The department must expend moneys from the account to provide state matching funds for partnership activities to implement home visiting services and administer the infrastructure necessary to develop, support, and evaluate evidence-based, research-based, and promising home visiting programs.
(3) Activities eligible for funding through the account include, but are not limited to:
(a) Home visiting services that achieve one or more of the following: (i) Enhancing child development and well-being by alleviating the effects on child development of poverty and other known risk factors; (ii) reducing the incidence of child abuse and neglect; or (iii) promoting school readiness for young children and their families; and
(b) Development and maintenance of the infrastructure for home visiting programs, including training, quality improvement, and evaluation.
(4) Beginning July 1, 2010, the department shall contract with the nongovernmental private-public partnership designated in RCW 43.215.070 to support programs funded through the home visiting services account. The department shall monitor performance and provide periodic reports on the uses and outcomes of the home visiting services account.
(5) The department shall, in the administration of the programs:
(a) Fund programs through a competitive bid process or in compliance with the regulations of the funding source; and
(b) Convene an advisory committee of early learning and home visiting experts, including one representative from the department, to advise the partnership regarding research and the distribution of funds from the account to eligible programs.
NOTES:
Effective date2010 1st sp.s. c 37: See note following RCW 13.06.050.



43.215.135
Working connections child care program—Subsidy requirements—Tiered reimbursements—Copayments. (Effective until July 1, 2018, then recodified as RCW 43.216.135.)

(1) The department shall establish and implement policies in the working connections child care program to promote stability and quality of care for children from low-income households. These policies shall focus on supporting school readiness for young learners. Policies for the expenditure of funds constituting the working connections child care program must be consistent with the outcome measures defined in RCW 74.08A.410 and the standards established in this section intended to promote stability, quality, and continuity of early care and education programming.
(2) As recommended by Public Law 113-186, authorizations for the working connections child care subsidy shall be effective for twelve months beginning July 1, 2016, unless an earlier date is provided in the omnibus appropriations act.
(3) Existing child care providers serving nonschool-age children and receiving state subsidy payments must complete the following requirements to be eligible for a state subsidy under this section:
(a) Enroll in the early achievers program by August 1, 2016;
(b) Complete level 2 activities in the early achievers program by August 1, 2017; and
(c) Rate at a level 3 or higher in the early achievers program by December 31, 2019. If a child care provider rates below a level 3 by December 31, 2019, the provider must complete remedial activities with the department, and rate at a level 3 or higher no later than June 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; and
(c) Rate at a level 3 or higher in the early achievers program within thirty months of enrollment. If a child care provider rates below a level 3 within thirty months from enrollment into the early achievers program, the provider must complete remedial activities with the department, and rate at a level 3 or higher within six months of beginning remedial activities.
(5) If a child care provider does not rate at a level 3 or higher 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.
NOTES:
FindingIntent2015 3rd sp.s. c 7: See note following RCW 43.215.100.
FindingsPurpose2012 c 253: See note following RCW 74.08.580.
Effective date2012 c 251: "This act takes effect July 1, 2012." [ 2012 c 251 § 3.]
FindingsIntentEffective date2011 1st sp.s. c 42: See notes following RCW 74.08A.260.
Finding2011 1st sp.s. c 42: See note following RCW 74.04.004.
Intent2010 c 273: "It is the intent of the legislature that this act be implemented within the funding appropriated in the 2009-11 biennial budget. No additional appropriations will be provided for its implementation." [ 2010 c 273 § 7.]



43.215.1351
Working connections child care program—Unemployment compensation. (Effective until July 1, 2018, then recodified as RCW 43.216.137.)

For the working connections child care program, the department shall not count the twenty-five dollar increase paid as part of an individual's weekly benefit amount as provided in RCW 50.20.1202 when determining a consumer's income eligibility and copayment.
NOTES:
Effective date2011 c 4 §§ 1-6 and 16-21: See note following RCW 50.20.1202.
Conflict with federal requirements2011 c 4: See note following RCW 50.20.1202.



43.215.1352
Working connections child care program—Notification of change in providers. (Effective until July 1, 2018, then recodified as RCW 43.216.139.)

Beginning July 1, 2016, or earlier if a different date is provided in the omnibus appropriations act, when an applicant or recipient applies for or receives working connections child care benefits, the applicant or recipient is required to notify the department of social and health services, within five days, of any change in providers.
NOTES:
FindingIntent2015 3rd sp.s. c 7: See note following RCW 43.215.100.
Effective date2012 c 251: See note following RCW 43.215.135.



43.215.136
Working connections child care program—Standards and guidelines—Duties of the department—Duties of the department of social and health services. (Effective until July 1, 2018, then recodified as RCW 43.216.141.)

(1) The standards and guidelines described in this section are intended for the guidance of the department and the department of social and health services. They are not intended to, do not, and may not be relied upon to create a right or benefit, substantive or procedural, enforceable at law by a party in litigation with the state.
(2) When providing services to parents applying for or receiving working connections child care benefits, the department must provide training to departmental employees on professionalism.
(3) When providing services to parents applying for or receiving working connections child care benefits, the department of social and health services has the following responsibilities:
(a) To return all calls from parents receiving working connections child care benefits within two business days of receiving the call;
(b) To develop a process by which parents receiving working connections child care benefits can submit required forms and information electronically by June 30, 2015;
(c) To notify providers and parents ten days before the loss of working connections child care benefits; and
(d) To provide parents with a document that explains in detail and in easily understood language what services they are eligible for, how they can appeal an adverse decision, and the parents' responsibilities in obtaining and maintaining eligibility for working connections child care.



43.215.137
Working connections child care program—Contracted child care slots and vouchers. (Effective until July 1, 2018, then recodified as RCW 43.216.143.)

(1) The department may employ a combination of vouchers and contracted slots for the subsidized child care programs in RCW 43.215.135. Child care vouchers preserve parental choice. Child care contracted slots promote access to continuous quality care for children, provide parents and caregivers stable child care that supports employment, and allow providers to have predictable funding. Any contracted slots the department may create under this section must meet the requirements in subsections (2) through (6) of this section.
(2) Only child care providers who participate in the early achievers program and rate at a level 3, 4, or 5 are eligible to be awarded a contracted slot.
(3)(a) The department is required to use data to calculate a set number of targeted contracted slots. In calculating the number, the department must take into account a balance of family home and center child care programs and the overall geographic distribution of child care programs in the state and the distribution of slots between ages zero and five.
(b) The targeted contracted slots are reserved for programs meeting both of the following conditions:
(i) Programs in low-income neighborhoods; and
(ii) Programs that consist of at least fifty percent of children receiving subsidy pursuant to RCW 43.215.135.
(c) Until August 1, 2017, the department shall assure an even distribution of contracted slots for children birth to age five.
(4) The department shall award the remaining contracted slots via a competitive process and prioritize child care programs with at least one of the following characteristics:
(a) Programs located in a high-need geographic area;
(b) Programs partnering with elementary schools to offer transitional planning and support to children as they advance to kindergarten;
(c) Programs serving children involved in the child welfare system; or
(d) Programs serving children diagnosed with a special need.
(5) The department shall pay a provider for each contracted slot, unless a contracted slot is not used for thirty days.
(6) The department shall include the number of contracted slots that use both early childhood education and assistance program funding and working connections child care program funding in the annual report to the legislature required under RCW 43.215.102.
NOTES:
FindingIntent2015 3rd sp.s. c 7: See note following RCW 43.215.100.



43.215.140
Definitions. (Effective until July 1, 2018, then recodified as RCW 43.216.152.)

The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.
(1) "Community-based early learning providers" includes for-profit and nonprofit licensed providers of child care and preschool programs.
(2) "Program" means the program of early learning established in *RCW 43.215.141 for eligible children who are three and four years of age.
NOTES:
*Reviser's note: RCW 43.215.141 was recodified as RCW 43.215.455 pursuant to 2013 2nd sp.s. c 16 § 5.



43.215.145
Home visitation programs—Findings—Intent. (Effective until July 1, 2018, then recodified as RCW 43.216.155.)

The legislature finds that:
(1) The years from birth to three are critical in building the social, emotional, and cognitive developmental foundations of a young child. Research into the brain development of young children reveals that children are born learning.
(2) The farther behind children are in their social, emotional, physical, and cognitive development, the more difficult it will be for them to catch up.
(3) A significant number of children age birth to five years are born with two or more of the following risk factors and have a greater chance of failure in school and beyond: Poverty; single or no parent; no parent employed full time or full year; all parents with disability; and mother without a high school degree.
(4) Parents and children involved in home visitation programs exhibit better birth outcomes, enhanced parent and child interactions, more efficient use of health care services, enhanced child development including improved school readiness, and early detection of developmental delays, as well as reduced welfare dependence, higher rates of school completion and job retention, reduction in frequency and severity of maltreatment, and higher rates of school graduation.
The legislature intends to promote the use of voluntary home visitation services to families as an early intervention strategy to alleviate the effect on child development of factors such as poverty, single parenthood, parental unemployment or underemployment, parental disability, or parental lack of a high school diploma, which research shows are risk factors for child abuse and neglect and poor educational outcomes.
[ 2007 c 466 § 1. Formerly RCW 43.121.170.]



43.215.146
Home visitation programs—Definitions. (Effective until July 1, 2018, then recodified as RCW 43.216.157.)

The definitions in this section apply throughout this section and RCW 43.215.145, 43.215.147, and * 43.121.185 unless the context clearly requires otherwise.
(1) "Evidence-based" means a program or practice that has had multiple site random controlled trials across heterogeneous populations demonstrating that the program or practice is effective for the population.
(2) "Home visitation" means providing services in the permanent or temporary residence, or in other familiar surroundings, of the family receiving such services.
(3) "Research-based" means a program or practice that has some research demonstrating effectiveness, but that does not yet meet the standard of evidence-based practices.
NOTES:
*Reviser's note: RCW 43.121.185 was repealed by 2011 1st sp.s. c 32 § 12, effective June 30, 2012.
Transition planReport to the legislature2011 1st sp.s. c 32: See note following RCW 70.305.005.



43.215.147
Home visitation programs—Funding—Home visitation services coordination or consolidation plan. (Effective until July 1, 2018, then recodified as RCW 43.216.159.)

(1) Within available funds, the department shall fund evidence-based and research-based home visitation programs for improving parenting skills and outcomes for children. Home visitation programs must be voluntary and must address the needs of families to alleviate the effect on child development of factors such as poverty, single parenthood, parental unemployment or underemployment, parental disability, or parental lack of high school diploma, which research shows are risk factors for child abuse and neglect and poor educational outcomes. In order to maximize opportunities to obtain matching funds from private entities, general funds intended to support home visiting funding shall be appropriated to the home visiting services account established in RCW 43.215.130.
(2) The department shall work with the department of social and health services, the department of health, the private-public partnership created in RCW 43.215.070, and key partners and stakeholders to develop a plan to coordinate or consolidate home visitation services for children and families to the extent practicable.
NOTES:
Transition planReport to the legislature2011 1st sp.s. c 32: See note following RCW 70.305.005.
FindingsIntent2008 c 152: See note following RCW 13.34.136.



43.215.195
Early start account. (Effective until July 1, 2018, then recodified as RCW 43.216.165.)

(1) The early start account is created in the custody of the state treasurer. Revenues in the account shall consist of appropriations by the legislature and all other sources deposited into the account. Expenditures from the account may be used only for the purposes listed in RCW 43.215.099. All receipts from local governments, school districts, institutions of higher education as defined in RCW 28B.10.016, and nonprofit organizations must be deposited into the account.
(2) The department oversees the account. Only the director or the director's designee may authorize expenditures from the account. The account is subject to allotment procedures under chapter 43.88 RCW, but an appropriation is not required for expenditures.
(3) The department shall separately track funds received for each local government, school district, institution of higher education as defined in RCW 28B.10.016, or nonprofit organization that deposits funds into the account. Expenditures from these funds may be used only for the purposes listed in RCW 43.215.099 as identified in writing with the department by the contributing local government, school district, institution of higher education as defined in RCW 28B.10.016, or nonprofit organization.
NOTES:
Intent2017 c 178: See note following RCW 43.215.099.
FindingIntent2015 3rd sp.s. c 7: See note following RCW 43.215.100.



43.215.200
Director's licensing duties. (Effective until July 1, 2018, then recodified as RCW 43.216.250.)

It shall be the director's duty with regard to licensing:
(1) In consultation and with the advice and assistance of persons representative of the various type agencies to be licensed, to designate categories of child care facilities for which separate or different requirements shall be developed as may be appropriate whether because of variations in the ages and other characteristics of the children served, variations in the purposes and services offered or size or structure of the agencies to be licensed, or because of any other factor relevant thereto;
(2)(a) In consultation with the state fire marshal's office, the director shall use an interagency process to address health and safety requirements for child care programs that serve school-age children and are operated in buildings that contain public or private schools that safely serve children during times in which school is in session;
(b) Any requirements in (a) of this subsection as they relate to the physical facility, including outdoor playgrounds, do not apply to before-school and after-school programs that serve only school-age children and operate in the same facilities used by public or private schools;
(3) In consultation and with the advice and assistance of parents or guardians, and persons representative of the various type agencies to be licensed, to adopt and publish minimum requirements for licensing applicable to each of the various categories of agencies to be licensed under this chapter;
(4) In consultation with law enforcement personnel, the director shall investigate the conviction record or pending charges of each agency and its staff seeking licensure or relicensure, and other persons having unsupervised access to children in care;
(5) To satisfy the shared background check requirements provided for in RCW 43.215.215 and 43.20A.710, the department of early learning and the department of social and health services shall share federal fingerprint-based background check results as permitted under the law. The purpose of this provision is to allow both departments to fulfill their joint background check responsibility of checking any individual who may have unsupervised access to vulnerable adults, children, or juveniles. Neither department may share the federal background check results with any other state agency or person;
(6) To issue, revoke, or deny licenses to agencies pursuant to this chapter. Licenses shall specify the category of care that an agency is authorized to render and the ages and number of children to be served;
(7) To prescribe the procedures and the form and contents of reports necessary for the administration of this chapter and to require regular reports from each licensee;
(8) To inspect agencies periodically to determine whether or not there is compliance with this chapter and the requirements adopted under this chapter;
(9) To review requirements adopted under this chapter at least every two years and to adopt appropriate changes after consultation with affected groups for child day care requirements; and
(10) To consult with public and private agencies in order to help them improve their methods and facilities for the care and early learning of children.
NOTES:
Effective date2015 3rd sp.s. c 7 § 4: "Section 4 of this act takes effect July 1, 2016." [ 2015 3rd sp.s. c 7 § 23.]
FindingIntent2015 3rd sp.s. c 7: See note following RCW 43.215.100.
FindingIntent2011 c 359: "(1) The legislature finds that some licensed child care centers seeking to operate in public schools incur substantial costs to renovate spaces that are considered safe for children to use for the purpose of education. Consequently, families are forced to seek before or after school child care outside of the school building, resulting in additional transitions for students.
(2) It is the legislature's intent to allow licensed child care centers that serve school-age children to operate in facilities that provide a safe and healthy environment for children to use for the purpose of education. With respect to section 2(2) of this act, the legislature intends that the development of any related child care licensing requirements shall:
(a) Ensure safe and healthy environments for children;
(b) Utilize existing rule-making processes and resources;
(c) Utilize existing requirements as a starting point rather than create an entirely new set of requirements; and
(d) Give due consideration to the burdens imposed by inconsistent licensing requirements." [ 2011 c 359 § 1.]
Captions not law2007 c 415: See note following RCW 43.215.005.



43.215.201
Licensing standards. (Effective until July 1, 2018, then recodified as RCW 43.216.255.)

(1) No later than November 1, 2016, the department shall implement a single set of licensing standards for child care and the early childhood education and assistance program. The department shall produce the single set of licensing standards within the department's available appropriations. The new licensing standards must:
(a) Provide minimum health and safety standards for child care and preschool programs;
(b) Rely on the standards established in the early achievers program to address quality issues in participating early childhood programs;
(c) Take into account the separate needs of family care providers and child care centers; and
(d) Promote the continued safety of child care settings.
(2) Private schools that operate early learning programs and do not receive state subsidy payments shall be subject only to the minimum health and safety standards in subsection (1)(a) of this section and the requirements necessary to assure a sufficient early childhood education to meet usual requirements needed for transition into elementary school. The state, and any agency thereof, shall not restrict or dictate any specific educational or other programs for early learning programs operated by private schools except for programs that receive state subsidy payments.
NOTES:
FindingIntent2015 3rd sp.s. c 7: See note following RCW 43.215.100.



43.215.205
Minimum requirements for licensure. (Effective until July 1, 2018, then recodified as RCW 43.216.260.)

Applications for licensure shall require, at a minimum, the following information:
(1) The size and suitability of a facility and the plan of operation for carrying out the purpose for which an applicant seeks a license;
(2) The character, suitability, and competence of an agency and other persons associated with an agency directly responsible for the care of children;
(3) The number of qualified persons required to render the type of care for which an agency seeks a license;
(4) The health, safety, cleanliness, and general adequacy of the premises to provide for the comfort, care, and well-being of children;
(5) The provision of necessary care and early learning, including food, supervision, and discipline; physical, mental, and social well-being; and educational and recreational opportunities for those served;
(6) The financial ability of an agency to comply with minimum requirements established under this chapter; and
(7) The maintenance of records pertaining to the care of children.
NOTES:
Captions not law2007 c 415: See note following RCW 43.215.005.



43.215.210
Fire protection—Powers and duties of chief of the Washington state patrol. (Effective until July 1, 2018, then recodified as RCW 43.216.265.)

The chief of the Washington state patrol, through the director of fire protection, shall have the power and it shall be his or her duty:
(1) In consultation with the director and with the advice and assistance of persons representative of the various type agencies to be licensed, to adopt recognized minimum standard requirements pertaining to each category of agency established pursuant to this chapter necessary to protect all persons residing therein from fire hazards;
(2) To adopt licensing minimum standard requirements to allow children who attend classes in a school building during school hours to remain in the same building to participate in before-school or after-school programs and to allow participation in such before-school and after-school programs by children who attend other schools and are transported to attend such before-school and after-school programs;
(3) To make or cause to be made such inspections and investigations of agencies as he or she deems necessary;
(4) To make a periodic review of requirements under *RCW 43.215.200(5) and to adopt necessary changes after consultation as required in subsection (1) of this section;
(5) To issue to applicants for licenses under this chapter who comply with the requirements, a certificate of compliance, a copy of which shall be presented to the department before a license shall be issued, except that an initial license may be issued as provided in RCW 43.215.280.
NOTES:
*Reviser's note: RCW 43.215.200 was amended by 2007 c 415 § 3, changing subsection (5) to subsection (6). RCW 43.215.200 was subsequently amended by 2011 c 359 § 2 and by 2011 c 253 § 3, changing subsection (6) to subsection (8).



43.215.215
Character, suitability, and competence to provide child care and early learning services—Fingerprint criminal history record checks—Background check clearance card or certificate—Shared background checks. (Effective until July 1, 2018, then recodified as RCW 43.216.270.)

(1) In determining whether an individual is of appropriate character, suitability, and competence to provide child care and early learning services to children, the department may consider the history of past involvement of child protective services or law enforcement agencies with the individual for the purpose of establishing a pattern of conduct, behavior, or inaction with regard to the health, safety, or welfare of a child. No report of child abuse or neglect that has been destroyed or expunged under RCW 26.44.031 may be used for such purposes. No unfounded or inconclusive allegation of child abuse or neglect as defined in RCW 26.44.020 may be disclosed to a provider licensed under this chapter.
(2) In order to determine the suitability of individuals newly applying for an agency license, new licensees, their new employees, and other persons who newly have unsupervised access to children in care, shall be fingerprinted.
(a) The fingerprints shall be forwarded to the Washington state patrol and federal bureau of investigation for a criminal history record check.
(b)(i) Effective July 1, 2012, all individuals applying for first-time agency licenses, all new employees, and other persons who have not been previously qualified by the department to have unsupervised access to children in care must be fingerprinted and obtain a criminal history record check pursuant to this section.
(ii) Persons required to be fingerprinted and obtain a criminal history record check pursuant to this section must pay for the cost of this check as follows: The fee established by the Washington state patrol for the criminal background history check, including the cost of obtaining the fingerprints; and a fee paid to the department for the cost of administering the individual-based/portable background check clearance registry. The fee paid to the department must be deposited into the individual-based/portable background check clearance account established in RCW 43.215.218. The licensee may, but need not, pay these costs on behalf of a prospective employee or reimburse the prospective employee for these costs. The licensee and the prospective employee may share these costs.
(c) The director shall use the fingerprint criminal history record check information solely for the purpose of determining eligibility for a license and for determining the character, suitability, and competence of those persons or agencies, excluding parents, not required to be licensed who are authorized to care for children.
(d) Criminal justice agencies shall provide the director such information as they may have and that the director may require for such purpose.
(e) No later than July 1, 2013, all agency licensees holding licenses prior to July 1, 2012, persons who were employees before July 1, 2012, and persons who have been qualified by the department before July 1, 2012, to have unsupervised access to children in care, must submit a new background application to the department. The department must require persons submitting a new background application pursuant to this subsection (2)(e) to pay a fee to the department for the cost of administering the individual-based/portable background check clearance registry. This fee must be paid into the individual-based/portable background check clearance account established in RCW 43.215.218. The licensee may, but need not, pay these costs on behalf of a prospective employee or reimburse the prospective employee for these costs. The licensee and the prospective employee may share these costs.
(f) The department shall issue a background check clearance card or certificate to the applicant if after the completion of a background check the department concludes the applicant is qualified for unsupervised access to children in care. The background check clearance card or certificate is valid for three years from the date of issuance. A valid card or certificate must be accepted by a potential employer as proof that the applicant has successfully completed a background check as required under this chapter.
(g) The original applicant for an agency license, licensees, their employees, and other persons who have unsupervised access to children in care shall submit a new background check application to the department, on a form and by a date as determined by the department.
(h) The applicant and agency shall maintain on-site for inspection a copy of the background check clearance card or certificate.
(i) Individuals who have been issued a background check clearance card or certificate shall report nonconviction and conviction information to the department within twenty-four hours of the event constituting the nonconviction or conviction information.
(j) The department shall investigate and conduct a redetermination of an applicant's or licensee's background clearance if the department receives a complaint or information from individuals, a law enforcement agency, or other federal, state, or local government agency. Subject to the requirements contained in RCW 43.215.300 and 43.215.305 and based on a determination that an individual lacks the appropriate character, suitability, or competence to provide child care or early learning services to children, the department may: (i) Invalidate the background card or certificate; or (ii) suspend, modify, or revoke any license authorized by this chapter.
(3) To satisfy the shared background check requirements of the department of early learning, the office of the superintendent of public instruction, and the department of social and health services, each department shall share federal fingerprint-based background check results as permitted under the law. The purpose of this provision is to allow these departments to fulfill their joint background check responsibility of checking any individual who may have unsupervised access to vulnerable adults, children, or juveniles. These departments may not share the federal background check results with any other state agency or person.
(4) Individuals who have completed a fingerprint background check as required by the office of the superintendent of public instruction, consistent with RCW 28A.400.303, and have been continuously employed by the same school district or educational service district, can meet the requirements in subsection (2) of this section by providing a true and accurate copy of their Washington state patrol and federal bureau of investigation background check report results to the department or if the school district or the educational service district provides an affidavit to the department that the individual has been authorized to work by the school district or educational service district after completing a record check consistent with RCW 28A.400.303. The department may require that additional background checks be completed that do not require additional fingerprinting and may charge a fee for these additional background checks.



43.215.216
Background check clearance registry—Background application form. (Effective until July 1, 2018, then recodified as RCW 43.216.271.)

Subject to appropriation, the department of early learning shall establish and maintain an individual-based or portable background check clearance registry by July 1, 2012. Any individual seeking a child care license or employment in any child care facility licensed or regulated under current law shall submit a background application on a form prescribed by the department in rule.



43.215.217
Fee for developing and administering individual-based/portable background check clearance registry. (Effective until July 1, 2018, then recodified as RCW 43.216.272.)

Effective July 1, 2011, all agency licensees shall pay the department a one-time fee established by the department. When establishing the fee, the department must consider the cost of developing and administering the registry, and shall not set a fee which is estimated to generate revenue beyond estimated costs for the development and administration of the registry. Fee revenues must be deposited in the individual-based/portable background check clearance account created in RCW 43.215.218 and may be expended only for the costs of developing and administering the individual-based/portable background check clearance registry created in RCW 43.215.216.



43.215.218
Individual-based/portable background check clearance account. (Effective until July 1, 2018, then recodified as RCW 43.216.273.)

The individual-based/portable background check clearance account is created in the custody of the state treasurer. All fees collected pursuant to RCW 43.215.215 and 43.215.217 must be deposited in the account. Expenditures from the account may be made only for development and administration, and implementation of the individual-based/portable background check registry established in RCW 43.215.216. Only the director of the department of early learning or the director's designee may authorize expenditures from the account. The account is subject to allotment procedures under chapter 43.88 RCW, but an appropriation is not required for expenditures.



43.215.220
Licensed day care centers—Notice of pesticide use. (Effective until July 1, 2018, then recodified as RCW 43.216.280.)

Licensed child day care centers shall provide notice of pesticide use to parents or guardians of students and employees pursuant to chapter 17.21 RCW.



43.215.230
Articles of incorporation. (Effective until July 1, 2018, then recodified as RCW 43.216.285.)

A copy of the articles of incorporation of any agency or amendments to the articles of existing corporation agencies shall be sent by the secretary of state to the department at the time such articles or amendments are filed.



43.215.240
Access to agencies—Records inspection. (Effective until July 1, 2018, then recodified as RCW 43.216.290.)

All agencies subject to this chapter shall accord the department, the chief of the Washington state patrol, and the director of fire protection, or their designees, the right of entrance and the privilege of access to and inspection of records for the purpose of determining whether or not there is compliance with the provisions of this chapter and the requirements adopted under it.



43.215.250
License required. (Effective until July 1, 2018, then recodified as RCW 43.216.295.)

(1) It is unlawful for any agency to care for children unless the agency is licensed as provided in this chapter.
(2) A license issued under chapter 74.15 RCW before July 1, 2006, for an agency subject to this chapter after July 1, 2006, is valid until its next renewal, unless otherwise suspended or revoked by the department.



43.215.255
License fees. (Effective until July 1, 2018, then recodified as RCW 43.216.300.)

(1) The director shall charge fees to the licensee for obtaining a license. The director may waive the fees when, in the discretion of the director, the fees would not be in the best interest of public health and safety, or when the fees would be to the financial disadvantage of the state.
(2) Fees charged shall be based on, but shall not exceed, the cost to the department for the licensure of the activity or class of activities and may include costs of necessary inspection.
(3) The director shall establish the fees charged by rule.



43.215.260
License application—Nonexpiring licenses—Issuance, renewal, duration. (Effective until July 1, 2018, then recodified as RCW 43.216.305.)

(1) Each agency shall make application for a license or the continuation of a full license to the department on forms prescribed by the department. Upon receipt of such application, the department shall either grant or deny a license or continuation of a full license within ninety days. A license or continuation shall be granted if the agency meets the minimum requirements set forth in this chapter and the departmental requirements consistent with this chapter, except that an initial license may be issued as provided in RCW 43.215.280. The department shall consider whether an agency is in good standing, as defined in subsection (4)(b) of this section, before granting a continuation of a full license. Full licenses provided for in this chapter shall continue to remain valid so long as the licensee meets the requirements for a nonexpiring license in subsection (2) of this section. The licensee, however, shall advise the director of any material change in circumstances which might constitute grounds for reclassification of license as to category. The license issued under this chapter is not transferable and applies only to the licensee and the location stated in the application. For licensed family day care homes having an acceptable history of child care, the license may remain in effect for two weeks after a move.
(2) In order to qualify for a nonexpiring full license, a licensee must meet the following requirements on an annual basis as established from the date of initial licensure:
(a) Submit the annual licensing fee;
(b) Submit a declaration to the department indicating the licensee's intent to continue operating a licensed child care program, or the intent to cease operation on a date certain;
(c) Submit a declaration of compliance with all licensing rules; and
(d) Submit background check applications on the schedule established by the department.
(3) If a licensee fails to meet the requirements in subsection (2) of this section for continuation of a full license the license expires and the licensee must submit a new application for licensure under this chapter.
(4)(a) Nothing about the nonexpiring license process may interfere with the department's established monitoring practice.
(b) For the purpose of this section, an agency is considered to be in good standing if in the intervening period between monitoring visits the agency does not have any of the following:
(i) Valid complaints;
(ii) A history of noncompliance related to those valid complaints or pending from prior monitoring visits; or
(iii) Other information that when evaluated would result in a finding of noncompliance with this section.
(c) The department shall consider whether an agency is in good standing when determining the most appropriate approach and process for monitoring visits, for the purposes of administrative efficiency while protecting children, consistent with this chapter. If the department determines that an agency is not in good standing, the department may issue a probationary license, as provided in RCW 43.215.290.



43.215.270
License renewal. (Effective until July 1, 2018, then recodified as RCW 43.216.310.)

(1) If a licensee desires to apply for a renewal of its license, a request for a renewal shall be filed ninety days before the expiration date of the license. If the department has failed to act at the time of the expiration date of the license, the license shall continue in effect until such time as the department acts.
(2) License renewal under this section does not apply to nonexpiring licenses described in RCW 43.215.260.



43.215.280
Initial licenses. (Effective until July 1, 2018, then recodified as RCW 43.216.315.)

The director may, at his or her discretion, issue an initial license instead of a full license, to an agency or facility for a period not to exceed six months, renewable for a period not to exceed two years, to allow such agency or facility reasonable time to become eligible for full license.



43.215.290
Probationary licenses. (Effective until July 1, 2018, then recodified as RCW 43.216.320.)

(1) The department may issue a probationary license to a licensee who has had an initial, expiring, or other license but is temporarily unable to comply with a rule or has been the subject of multiple complaints or concerns about noncompliance if:
(a) The noncompliance does not present an immediate threat to the health and well-being of the children but would be likely to do so if allowed to continue; and
(b) The licensee has a plan approved by the department to correct the area of noncompliance within the probationary period.
(2) Before issuing a probationary license, the department shall, in writing, refer the licensee to the child care resource and referral network or other appropriate resource for technical assistance. The department may issue a probationary license pursuant to subsection (1) of this section if within fifteen working days after the department has sent its referral:
(a) The licensee, in writing, has refused the department's referral for technical assistance; or
(b) The licensee has failed to respond in writing to the department's referral for technical assistance.
(3) If the licensee accepts the department's referral for technical assistance issued under subsection (2) of this section, the department, the licensee, and the technical assistance provider shall meet within thirty days after the licensee's acceptance. The licensee and the department, in consultation with the technical assistance provider, shall develop a plan to correct the areas of noncompliance identified by the department. If, after sixty days, the licensee has not corrected the areas of noncompliance identified in the plan developed in consultation with the technical assistance provider, the department may issue a probationary license pursuant to subsection (1) of this section.
(4) A probationary license may be issued for up to six months, and at the discretion of the department it may be extended for an additional six months. The department shall immediately terminate the probationary license, if at any time the noncompliance for which the probationary license was issued presents an immediate threat to the health or well-being of the children.
(5) The department may, at any time, issue a probationary license for due cause that states the conditions of probation.
(6) An existing license is invalidated when a probationary license is issued.
(7) At the expiration of the probationary license, the department shall reinstate the original license for the remainder of its term, issue a new license, or revoke the original license.
(8) A right to an adjudicative proceeding shall not accrue to the licensee whose license has been placed on probationary status unless the licensee does not agree with the placement on probationary status and the department then suspends, revokes, or modifies the license.



43.215.300
Licenses—Denial, suspension, revocation, modification, nonrenewal—Proceedings—Penalties. (Effective until July 1, 2018, then recodified as RCW 43.216.325.)

(1) An agency may be denied a license, or any license issued pursuant to this chapter may be suspended, revoked, modified, or not renewed by the director upon proof (a) that the agency has failed or refused to comply with the provisions of this chapter or the requirements adopted pursuant to this chapter; or (b) that the conditions required for the issuance of a license under this chapter have ceased to exist with respect to such licenses. RCW 43.215.305 governs notice of a license denial, revocation, suspension, or modification and provides the right to an adjudicative proceeding.
(2) In any adjudicative proceeding regarding the denial, modification, suspension, or revocation of any license under this chapter, the department's decision shall be upheld if it is supported by a preponderance of the evidence.
(3)(a) The department may assess civil monetary penalties upon proof that an agency has failed or refused to comply with the rules adopted under this chapter or that an agency subject to licensing under this chapter is operating without a license except that civil monetary penalties shall not be levied against a licensed foster home.
(b) Monetary penalties levied against unlicensed agencies that submit an application for licensure within thirty days of notification and subsequently become licensed will be forgiven. These penalties may be assessed in addition to or in lieu of other disciplinary actions. Civil monetary penalties, if imposed, may be assessed and collected, with interest, for each day an agency is or was out of compliance.
(c) Civil monetary penalties shall not exceed one hundred fifty dollars per violation for a family day care home and two hundred fifty dollars per violation for child day care centers. Each day upon which the same or substantially similar action occurs is a separate violation subject to the assessment of a separate penalty.
(d) The department shall provide a notification period before a monetary penalty is effective and may forgive the penalty levied if the agency comes into compliance during this period.
(e) The department may suspend, revoke, or not renew a license for failure to pay a civil monetary penalty it has assessed pursuant to this chapter within ten days after such assessment becomes final. RCW 43.215.307 governs notice of a civil monetary penalty and provides the right to an adjudicative proceeding. The preponderance of evidence standard shall apply in adjudicative proceedings related to assessment of civil monetary penalties.
(4)(a) In addition to or in lieu of an enforcement action being taken, the department may place a child day care center or family day care provider on nonreferral status if the center or provider has failed or refused to comply with this chapter or rules adopted under this chapter or an enforcement action has been taken. The nonreferral status may continue until the department determines that: (i) No enforcement action is appropriate; or (ii) a corrective action plan has been successfully concluded.
(b) Whenever a child day care center or family day care provider is placed on nonreferral status, the department shall provide written notification to the child day care center or family day care provider.
(5) The department shall notify appropriate public and private child care resource and referral agencies of the department's decision to: (a) Take an enforcement action against a child day care center or family day care provider; or (b) place or remove a child day care center or family day care provider on nonreferral status.
NOTES:
Short title2011 c 296: "This act shall be known and cited as the Colby Thompson act." [ 2011 c 296 § 4.]



43.215.305
Licenses—Denial, revocation, suspension, or modification—Notice—Effective date of action—Adjudicative proceeding. (Effective until July 1, 2018, then recodified as RCW 43.216.327.)

(1) The department shall give written notice of the denial of an application for a license to the applicant or his or her agent. The department shall give written notice of revocation, suspension, or modification of a license to the licensee or his or her agent. The notice shall state the reasons for the action. The notice shall be personally served in the manner of service of a summons in a civil action or shall be given in another manner that shows proof of receipt.
(2) Except as otherwise provided in this subsection and in subsection (4) of this section, revocation, suspension, or modification is effective twenty-eight days after the licensee or the agent receives the notice.
(a) The department may make the date the action is effective later than twenty-eight days after receipt. If the department does so, it shall state the effective date in the written notice given the licensee or agent.
(b) The department may make the date the action is effective sooner than twenty-eight days after receipt when necessary to protect the public health, safety, or welfare. When the department does so, it shall state the effective date and the reasons supporting the effective date in the written notice given to the licensee or agent.
(c) When the department has received certification pursuant to chapter 74.20A RCW from the division of child support that the licensee is a person who is not in compliance with a support order, the department shall provide that the suspension is effective immediately upon receipt of the suspension notice by the licensee.
(3) Except for licensees suspended for noncompliance with a support order under chapter 74.20A RCW, a license applicant or licensee who is aggrieved by a department denial, revocation, suspension, or modification has the right to an adjudicative proceeding. The proceeding is governed by the administrative procedure act, chapter 34.05 RCW. The application must be in writing, state the basis for contesting the adverse action, include a copy of the adverse notice, be served on and received by the department within twenty-eight days of the license applicant's or licensee's receiving the adverse notice, and be served in a manner that shows proof of receipt.
(4)(a) If the department gives a licensee twenty-eight or more days' notice of revocation, suspension, or modification and the licensee files an appeal before its effective date, the department shall not implement the adverse action until the final order has been entered. The presiding or reviewing officer may permit the department to implement part or all of the adverse action while the proceedings are pending if the appellant causes an unreasonable delay in the proceeding, if the circumstances change so that implementation is in the public interest, or for other good cause.
(b) If the department gives a licensee less than twenty-eight days' notice of revocation, suspension, or modification and the licensee timely files a sufficient appeal, the department may implement the adverse action on the effective date stated in the notice. The presiding or reviewing officer may order the department to stay implementation of part or all of the adverse action while the proceedings are pending if staying implementation is in the public interest or for other good cause.



43.215.307
Civil fines—Notice—Adjudicative proceeding. (Effective until July 1, 2018, then recodified as RCW 43.216.335.)

(1) The department shall give written notice to the person against whom it assesses a civil fine. The notice shall state the reasons for the adverse action. The notice shall be personally served in the manner of service of a summons in a civil action or shall be given in another manner that shows proof of receipt.
(2) Except as otherwise provided in subsection (4) of this section, the civil fine is due and payable twenty-eight days after receipt. The department may make the date the fine is due later than twenty-eight days after receipt. When the department does so, it shall state the effective date in the written notice given the person against whom it assesses the fine.
(3) The person against whom the department assesses a civil fine has the right to an adjudicative proceeding. The proceeding is governed by the administrative procedure act, chapter 34.05 RCW. The application must be in writing, state the basis for contesting the fine, include a copy of the adverse notice, be served on and received by the department within twenty-eight days of the person's receiving the notice of civil fine, and be served in a manner that shows proof of receipt.
(4) If the person files a timely and sufficient appeal, the department shall not implement the action until the final order has been served. The presiding or reviewing officer may permit the department to implement part or all of the action while the proceedings are pending if the appellant causes an unreasonable delay in the proceedings or for other good cause.



43.215.308
Licensure pending compliance with state building code, chapter 19.27 RCW—Consultation with local officials. (Effective until July 1, 2018, then recodified as RCW 43.216.340.)

(1) Before requiring any alterations to a child care facility due to inconsistencies with requirements in chapter 19.27 RCW, the department shall:
(a) Consult with the city or county enforcement official; and
(b) Receive written verification from the city or county enforcement official that the alteration is required.
(2) The department's consultation with the city or county enforcement official is limited to licensed child care space.
(3) Unless there is imminent danger to children or staff, the department may not modify, suspend, or revoke a child care license or business activities while the department is waiting to:
(a) Consult with the city or county enforcement official under subsection (1)(a) of this section; or
(b) Receive written verification from the city or county enforcement official that the alteration is required under subsection (1)(b) of this section.
(4) For the purposes of this section, "child care facility" means a family day care home, school-age care, and child day care center.



43.215.310
Adjudicative proceedings—Training for administrative law judges. (Effective until July 1, 2018, then recodified as RCW 43.216.345.)

(1) The office of administrative hearings shall not assign nor allow an administrative law judge to preside over an adjudicative hearing regarding denial, modification, suspension, or revocation of any license to provide child care under this chapter, unless such judge has received training related to state and federal laws and department policies and procedures regarding:
(a) Child abuse, neglect, and maltreatment;
(b) Child protective services investigations and standards;
(c) Licensing activities and standards;
(d) Child development; and
(e) Parenting skills.
(2) The office of administrative hearings shall develop and implement a training program that carries out the requirements of this section. The office of administrative hearings shall consult and coordinate with the department in developing the training program. The department may assist the office of administrative hearings in developing and providing training to administrative law judges.



43.215.320
License or certificate suspension—Noncompliance with support order—Reissuance. (Effective until July 1, 2018, then recodified as RCW 43.216.350.)

The director shall immediately suspend the license or certificate of a person who has been certified pursuant to RCW 74.20A.320 by the department of social and health services as a person who is not in compliance with a support order or a *residential or visitation order. If the person has continued to meet all other requirements for reinstatement during the suspension, reissuance of the license or certificate shall be automatic upon the director's receipt of a release issued by the department of social and health services stating that the licensee is in compliance with the order.
NOTES:
*Reviser's note: 1997 c 58 § 886 requiring a court to order certification of noncompliance with residential provisions of a court-ordered parenting plan was vetoed. Provisions ordering the department of social and health services to certify a responsible parent based on a court order to certify for noncompliance with residential provisions of a parenting plan were vetoed. See RCW 74.20A.320.



43.215.330
Actions against agencies. (Effective until July 1, 2018, then recodified as RCW 43.216.355.)

Notwithstanding the existence or pursuit of any other remedy, the director may, in the manner provided by law, upon the advice of the attorney general, who shall represent the department in the proceeding, maintain an action in the name of the state for injunction or such other relief as he or she may deem advisable against any agency subject to licensing under the provisions of this chapter or against any such agency not having a license as heretofore provided in this chapter.



43.215.335
Unlicensed providers—Notification to agency—Penalty—Posting on web site. (Effective until July 1, 2018, then recodified as RCW 43.216.360.)

When the department suspects that an agency is providing child care services without a license, it shall send notice to that agency within ten days. The notice shall include, but not be limited to, the following information:
(1) That a license is required and the reasons why;
(2) That the agency is suspected of providing child care without a license;
(3) That the agency must immediately stop providing child care until the agency becomes licensed;
(4) That the department can issue a penalty of one hundred fifty dollars per day for each day a family day care home provided care without being licensed and two hundred fifty dollars for each day a child day care center provided care without being licensed;
(5) That if the agency does not initiate the licensing process within thirty days of the date of the notice, the department will post on its web site that the agency is providing child care without a license.
NOTES:
Short title2011 c 296: See note following RCW 43.215.300.



43.215.340
Operating without a license—Penalty. (Effective until July 1, 2018, then recodified as RCW 43.216.365.)

Any agency operating without a license shall be guilty of a misdemeanor. This section shall not be enforceable against an agency until sixty days after the effective date of new rules, applicable to such agency, have been adopted under this chapter.



43.215.350
Negotiated rule making. (Effective until July 1, 2018, then recodified as RCW 43.216.370.)

The director shall have the power and it shall be the director's duty to engage in negotiated rule making pursuant to RCW 34.05.310(2)(a) with the exclusive representative of the family child care licensees selected in accordance with RCW 43.215.355 and with other affected interests before adopting requirements that affect family child care licensees.



43.215.355
Negotiated rule making—Statewide unit of family child care licensees—Antitrust immunity, intent. (Effective until July 1, 2018, then recodified as RCW 43.216.375.)

(1) Solely for the purposes of negotiated rule making pursuant to RCW 34.05.310(2)(a) and 43.215.350, a statewide unit of all family child care licensees is appropriate. As of June 7, 2006, the exclusive representative of family child care licensees in the statewide unit shall be the representative selected as the majority representative in the election held under the directive of the governor to the secretary of the department of social and health services, dated September 16, 2005. If family child care licensees seek to select a different representative thereafter, the family child care licensees may request that the American arbitration association conduct an election and certify the results of the election.
(2) In enacting this section, the legislature intends to provide state action immunity under federal and state antitrust laws for the joint activities of family child care licensees and their exclusive representative to the extent such activities are authorized by this chapter.



43.215.360
Minimum licensing requirements—Window blind pull cords. (Effective until July 1, 2018, then recodified as RCW 43.216.380.)

(1) Minimum licensing requirements under this chapter shall include a prohibition on the use of window blinds or other window coverings with pull cords or inner cords capable of forming a loop and posing a risk of strangulation to young children. Window blinds and other coverings that have been manufactured or properly retrofitted in a manner that eliminates the formation of loops posing a risk of strangulation are not prohibited under this section.
(2) When developing and periodically reviewing minimum licensing requirements related to safety of the premises, the director shall consult and give serious consideration to publications of the United States consumer product safety commission.
(3) The department may provide information as available regarding reduced cost or no-cost options for retrofitting or replacing unsafe window blinds and window coverings.
NOTES:
Short title2007 c 299: "This act may be known and cited as the Jaclyn Frank act." [ 2007 c 299 § 2.]



43.215.370
Reporting—Actions against agency licensees—Agencies notified of licensing requirement—Posting on web site. (Effective until July 1, 2018, then recodified as RCW 43.216.385.)

For the purposes of reporting actions taken against agency licensees, upon the development of an early learning information system, the following actions shall be posted to the department's web site accessible by the public: Suspension, surrender, revocation, denial, stayed suspension, or reinstatement of a license. The department shall also post on the web site those agencies subject to licensing that have not initiated the licensing process within thirty days of the department's notification as required in RCW 43.215.300.
NOTES:
Short title2011 c 296: See note following RCW 43.215.300.
Captions not law2007 c 415: See note following RCW 43.215.005.



43.215.371
Reporting resignation or termination of individual working in child care agency. (Effective until July 1, 2018, then recodified as RCW 43.216.390.)

Upon resignation or termination with or without cause of any individual working in a child care agency, the child care agency shall report to the department within twenty-four hours if it has knowledge of the following with respect to the individual:
(1) Any charge or conviction for a crime listed in WAC 170-06-0120;
(2) Any other charge or conviction for a crime that could be reasonably related to the individual's suitability to provide care for or have unsupervised access to children or care; or
(3) Any negative action as defined in RCW 43.215.010.



43.215.400
Intent. (Effective until July 1, 2018, then recodified as RCW 43.216.500.)

It is the intent of the legislature to establish an early childhood state education and assistance program. This special assistance program is a voluntary enrichment program to help prepare some children to enter the common school system and shall be offered only as funds are available. This program is not a part of the basic program of education which must be fully funded by the legislature under Article IX, section 1 of the state Constitution.
NOTES:
Effective date1994 c 166: "This act shall take effect July 1, 1994." [ 1994 c 166 § 12.]



43.215.405
Definitions. (Effective until June 30, 2018, then recodified as RCW 43.216.505.)

Unless the context clearly requires otherwise, the definitions in this section apply throughout RCW 43.215.400 through 43.215.457 and 43.215.900 through * 43.215.903.
(1) "Advisory committee" means the advisory committee under RCW 43.215.420.
(2) "Approved programs" means those state-supported education and special assistance programs which are recognized by the department as meeting the minimum program rules adopted by the department to qualify under RCW 43.215.400 through 43.215.450 and 43.215.900 through * 43.215.903 and are designated as eligible for funding by the department under RCW 43.215.430 and 43.215.440.
(3) "Comprehensive" means an assistance program that focuses on the needs of the child and includes education, health, and family support services.
(4) "Department" means the department of early learning.
(5)(a) "Eligible child" means a child not eligible for kindergarten whose family income is at or below one hundred ten percent of the federal poverty level, as published annually by the federal department of health and human services, 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; a child eligible for special education due to disability under RCW 28A.155.020; and may include children who are eligible under rules adopted by the department if the number of such children equals not more than ten percent of the total enrollment in the early childhood program. Priority for enrollment shall be given to children from families with the lowest income, children in foster care, or to eligible children from families with multiple needs.
(b) Subject to the availability of appropriations specifically for this purpose, the department may include as an eligible child, a child who is not otherwise receiving services under (a) of this subsection, but is receiving child protective services under RCW 26.44.020(3), or family assessment response services under RCW 26.44.260. If included as an eligible child, these children shall receive priority services under (a) of this subsection.
(6) "Family support services" means providing opportunities for parents to:
(a) Actively participate in their child's early childhood program;
(b) Increase their knowledge of child development and parenting skills;
(c) Further their education and training;
(d) Increase their ability to use needed services in the community;
(e) Increase their self-reliance.
NOTES:
*Reviser's note: RCW 43.215.903 was decodified pursuant to 2017 3rd sp.s. c 25 § 7.
FindingsIntent2013 2nd sp.s. c 16: "The legislature finds that high quality early learning opportunities are an important factor in lifelong success. The legislature is committed to expanding high quality evidence-based early learning opportunities in order to improve educational outcomes. The legislature further finds that moving toward effective and research-based practices are critical in achieving educational and societal outcomes from early learning investments. The legislature intends to continue improvements in early learning through ongoing evaluation, application of emerging research, and enhanced quality assurance. It is the intent of the legislature that additional investments in early learning will be based on current information regarding the most efficient, research-based, and cost-effective investments." [ 2013 2nd sp.s. c 16 § 1.]
Effective date1994 c 166: See note following RCW 43.215.400.
Findings1994 c 166; 1988 c 174: "The legislature finds that the early childhood education and assistance program provides for the educational, social, health, nutritional, and cultural development of children at risk of failure when they reach school age. The long-term benefits to society in the form of greater educational attainment, employment, and projected lifetime earnings as well as the savings to be realized, from lower crime rates, welfare support, and reduced teenage pregnancy, have been demonstrated through lifelong research of at-risk children and early childhood programs.
The legislature intends to encourage development of community partnerships for children at risk by authorizing a program of voluntary grants and contributions from business and community organizations to increase opportunities for children to participate in early childhood education." [ 1994 c 166 § 3; 1988 c 174 § 1.]



43.215.410
Admission and funding. (Effective until July 1, 2018, then recodified as RCW 43.216.510.)

The department shall administer a state-supported early childhood education and assistance program to assist eligible children with educational, social, health, nutritional, and cultural development to enhance their opportunity for success in the common school system. Eligible children shall be admitted to approved early childhood programs to the extent that the legislature provides funds, and additional children may be admitted to the extent that grants and contributions from community sources provide sufficient funds for a program equivalent to that supported by state funds. Grants and contributions from community sources shall not supplant the funding required for the full statewide implementation of the early learning program in RCW 43.215.456.
NOTES:
Intent2017 c 178: See note following RCW 43.215.099.
Effective date1994 c 166: See note following RCW 43.215.400.
Findings1994 c 166; 1988 c 174: See note following RCW 43.215.405.



43.215.415
Eligible providers—State-funded support—Requirements—Data collection—Pathway to early childhood education and assistance program. (Effective until July 1, 2018, then recodified as RCW 43.216.515.)

(1) Approved early childhood education and assistance programs shall receive state-funded support through the department. Public or private organizations, including, but not limited to school districts, educational service districts, community and technical colleges, local governments, or nonprofit organizations, are eligible to participate as providers of the state early childhood education and assistance program.
(2) Funds obtained by providers through voluntary grants or contributions from individuals, agencies, corporations, or organizations may be used to expand or enhance preschool programs so long as program standards established by the department are maintained.
(3) Persons applying to conduct the early childhood education and assistance program shall identify targeted groups and the number of children to be served, program components, the qualifications of instructional and special staff, the source and amount of grants or contributions from sources other than state funds, facilities and equipment support, and transportation and personal care arrangements.
(4) Existing early childhood education and assistance program providers must complete the following requirements to be eligible to receive state-funded support under the early childhood education and assistance program:
(a) Enroll in the early achievers program by October 1, 2015;
(b) Rate at a level 4 or 5 in the early achievers program by March 1, 2016. If an early childhood education and assistance program provider rates below a level 4 by March 1, 2016, the provider must complete remedial activities with the department, and rate at a level 4 or 5 within six months of beginning remedial activities.
(5) Effective October 1, 2015, a new early childhood education and assistance program provider must complete the requirements in this subsection (5) to be eligible to receive state-funded support under the early childhood education and assistance program:
(a) Enroll in the early achievers program within thirty days of the start date of the early childhood education and assistance program contract;
(b)(i) Except as provided in (b)(ii) of this subsection, rate at a level 4 or 5 in the early achievers program within twelve months of enrollment. If an early childhood education and assistance program provider rates below a level 4 within twelve months of enrollment, the provider must complete remedial activities with the department, and rate at a level 4 or 5 within six months of beginning remedial activities.
(ii) Licensed or certified child care centers and homes that administer an early childhood education and assistance program shall rate at a level 4 or 5 in the early achievers program within eighteen months of the start date of the early childhood education and assistance program contract. If an early childhood education and assistance program provider rates below a level 4 within eighteen 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)(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.
(7) The department shall collect data periodically to determine the demand for full-day programming for early childhood education and assistance program providers. The department shall analyze this demand by geographic region and shall include the findings in the annual report required under RCW 43.215.102.
(8) By December 1, 2015, the department shall develop a pathway for licensed or certified child care centers and homes to administer an early childhood education and assistance program. The pathway shall include an accommodation for these providers to rate at a level 4 or 5 in the early achievers program according to the timelines and standards established in subsection (5)(b)(ii) of this section.
NOTES:
FindingIntent2015 3rd sp.s. c 7: See note following RCW 43.215.100.
Effective date1994 c 166: See note following RCW 43.215.400.
Findings1994 c 166; 1988 c 174: See note following RCW 43.215.405.



43.215.420
Advisory committee. (Effective until July 1, 2018, then recodified as RCW 43.216.520.)

The department shall establish an advisory committee composed of interested parents and representatives from the office of the superintendent of public instruction, the division of children and family services within the department of social and health services, early childhood education and development staff preparation programs, the head start programs, school districts, and such other community and business organizations as deemed necessary by the department to assist with the establishment of the preschool program and advise the department on matters regarding the ongoing promotion and operation of the program.
NOTES:
FindingsPurposePart headings not law2006 c 263: See notes following RCW 28A.150.230.
Findings1994 c 166; 1988 c 174: See note following RCW 43.215.405.



43.215.425
Rules. (Effective until July 1, 2018, then recodified as RCW 43.216.525.)

(1) The department shall adopt rules under chapter 34.05 RCW for the administration of the early childhood education and assistance program. Approved early childhood education and assistance programs shall conduct needs assessments of their service area and identify any targeted groups of children, to include but not be limited to children of seasonal and migrant farmworkers and native American populations living either on or off reservation. Approved early childhood education and assistance programs shall provide to the department a service delivery plan, to the extent practicable, that addresses these targeted populations.
(2) The department, in developing rules for the early childhood education and assistance program, shall consult with the early learning advisory council, and shall consider such factors as coordination with existing head start and other early childhood programs, the preparation necessary for instructors, qualifications of instructors, adequate space and equipment, and special transportation needs. The rules shall specifically require the early childhood programs to provide for parental involvement in participation with their child's program, in local program policy decisions, in development and revision of service delivery systems, and in parent education and training.
(3) By January 1, 2016, the department shall adopt rules requiring early childhood education and assistance program employees who have access to children to submit to a fingerprint background check. Fingerprint background check procedures for the early childhood education and assistance program shall be the same as the background check procedures in RCW 43.215.215.
NOTES:
FindingIntent2015 3rd sp.s. c 7: See note following RCW 43.215.100.
Effective date1994 c 166: See note following RCW 43.215.400.
Findings1994 c 166; 1988 c 174: See note following RCW 43.215.405.
Intent1994 c 166; 1987 c 518: "The long-term social, community welfare, and economic interests of the state will be served by an investment in our children. Conclusive studies and experiences show that providing children with developmental experiences and providing parents with effective parental partnership, empowerment, opportunities for involvement with their child's developmental learning, and expanding parenting skills, learning, and training can greatly improve children's performance in school as well as increase the likelihood of children's success as adults. National studies have also confirmed that special attention to, and educational assistance for, children, their school environment, and their families are the most effective ways in which to meet the state's social and economic goals.
The legislature intends to enhance the readiness to learn of certain children and students by: Providing for an expansion of the state early childhood education and assistance program for children from low-income families and establishing an adult literacy program for certain parents; assisting school districts to establish elementary counseling programs; instituting a program to address learning problems due to drug and alcohol use and abuse; and establishing a program directed at students who leave school before graduation.
The legislature intends further to establish programs that will allow for parental, business, and community involvement in assisting the school systems throughout the state to enhance the ability of children to learn." [ 1994 c 166 § 7; 1987 c 518 § 1.]
Severability1987 c 518: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected." [ 1987 c 518 § 411.]



43.215.430
Review of applications. (Effective until July 1, 2018, then recodified as RCW 43.216.530.)

The department shall review applications from public or private organizations for state funding of early childhood education and assistance programs. The department shall consider local community needs, demonstrated capacity, and the need to support a mixed delivery system of early learning that includes alternative models for delivery including licensed centers and licensed family child care providers when reviewing applications.
NOTES:
FindingIntent2015 3rd sp.s. c 7: See note following RCW 43.215.100.
Effective date1994 c 166: See note following RCW 43.215.400.
Findings1994 c 166; 1988 c 174: See note following RCW 43.215.405.



43.215.435
Reports. (Effective until July 1, 2018, then recodified as RCW 43.216.535.)

The department shall annually report to the governor and the legislature on the findings of the longitudinal study undertaken to examine and monitor the effectiveness of early childhood educational and assistance services for eligible children to measure, among other elements, if possible, how the average level of performance of children completing this program compare to the average level of performance of all state students in their grade level, and to the average level of performance of those eligible students who did not have access to this program. The evaluation system shall examine how the percentage of these children needing access to special education or remedial programs compares to the overall percentage of children needing such services and compares to the percentage of eligible students who did not have access to this program needing such services.
NOTES:
Part headings, table of contents not law1995 c 335: See note following RCW 28A.150.360.
Effective date1994 c 166: See note following RCW 43.215.400.
Findings1994 c 166; 1988 c 174: See note following RCW 43.215.405.



43.215.440
State support—Priorities—Program funding levels. (Effective until July 1, 2018, then recodified as RCW 43.216.540.)

For the purposes of *RCW 28A.215.100 through 28A.215.200 and 28A.215.900 through 28A.215.908, the department may award state support under *RCW 28A.215.100 through 28A.215.160 to increase the numbers of eligible children assisted by the federal or state-supported early childhood programs in this state. Priority shall be given to those geographical areas which include a high percentage of families qualifying under the "eligible child" criteria. The overall program funding level shall be based on an average grant per child consistent with state appropriations made for program costs: PROVIDED, That programs addressing special needs of selected groups or communities shall be recognized in the department's rules.
NOTES:
*Reviser's note: RCW 28A.215.100 through 28A.215.200 and 28A.215.900 through 28A.215.908 were recodified as RCW 43.215.400 through 43.215.450 and 43.215.900 through 43.215.903 pursuant to 2006 c 265 § 601, effective July 1, 2006. RCW 43.215.903 was decodified pursuant to 2017 3rd sp.s. c 25 § 7.
Effective date1994 c 166: See note following RCW 43.215.400.
Intent1994 c 166; 1987 c 518: See note following RCW 43.215.425.
Severability1987 c 518: See note following RCW 43.215.425.



43.215.445
Reimbursement of advisory committee expenses. (Effective until July 1, 2018, then recodified as RCW 43.216.545.)

The department from funds appropriated for the administration of the program under chapter 418, Laws of 1985 shall reimburse the expenses of the advisory committee.



43.215.450
Authority to solicit gifts, grants, and support. (Effective until July 1, 2018, then recodified as RCW 43.216.550.)

The department may solicit gifts, grants, conveyances, bequests and devises for the use or benefit of the early childhood state education and assistance program established by *RCW 28A.215.100 through 28A.215.200 and 28A.215.900 through 28A.215.908. The department shall actively solicit support from business and industry and from the federal government for the state early childhood education and assistance program and shall assist local programs in developing partnerships with the community for eligible children.
NOTES:
*Reviser's note: RCW 28A.215.100 through 28A.215.200 and 28A.215.900 through 28A.215.908 were recodified as RCW 43.215.400 through 43.215.450 and 43.215.900 through 43.215.903 pursuant to 2006 c 265 § 601, effective July 1, 2006. RCW 43.215.903 was decodified pursuant to 2017 3rd sp.s. c 25 § 7.
Effective date1994 c 166: See note following RCW 43.215.400.
Findings1994 c 166; 1988 c 174: See note following RCW 43.215.405.



43.215.455
Early learning program—Voluntary preschool opportunities—Program standards—Prioritizing programs—Rules. (Effective until July 1, 2018, then recodified as RCW 43.216.555.)

(1) Beginning September 1, 2011, an early learning program to provide voluntary preschool opportunities for children three and four years of age shall be implemented according to the funding and implementation plan in RCW 43.215.456. The program must offer a comprehensive program of early childhood education and family support, including parental involvement and health information, screening, and referral services, based on family need. Participation in the program is voluntary. On a space available basis, the program may allow enrollment of children who are not otherwise eligible by assessing a fee.
(2) The program shall be implemented by utilizing the program standards and eligibility criteria in the early childhood education and assistance program in RCW 43.215.400 through 43.215.450.
(3)(a) Beginning in the 2015-16 school year, the program implementation in this section shall prioritize early childhood education and assistance programs located in low-income neighborhoods within high-need geographical areas.
(b) Following the priority in (a) of this subsection, preference shall be given to programs meeting at least one of the following characteristics:
(i) Programs offering an extended day program for early care and education;
(ii) Programs offering services to children diagnosed with a special need; or
(iii) Programs offering services to children involved in the child welfare system.
(4) The director shall adopt rules for the following program components, as appropriate and necessary during the phased implementation of the program, consistent with early achievers program standards established in RCW 43.215.100:
(a) Minimum program standards;
(b) Approval of program providers; and
(c) Accountability and adherence to performance standards.
(5) The department has administrative responsibility for:
(a) Approving and contracting with providers according to rules developed by the director under this section;
(b) In partnership with school districts, monitoring program quality and assuring the program is responsive to the needs of eligible children;
(c) Assuring that program providers work cooperatively with school districts to coordinate the transition from preschool to kindergarten so that children and their families are well-prepared and supported; and
(d) Providing technical assistance to contracted providers.
NOTES:
FindingIntent2015 3rd sp.s. c 7: See note following RCW 43.215.100.



43.215.456
Early learning program—Voluntary preschool opportunities—Funding and statewide implementation. (Effective until July 1, 2018, then recodified as RCW 43.216.556.)

(1) Funding for the program of early learning established under this chapter must be appropriated to the department. Allocations must be made 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 entitled to be enrolled in the program.
(6) 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.
NOTES:
FindingIntent2015 3rd sp.s. c 7: See note following RCW 43.215.100.



43.215.457
Short title—2010 c 231.(Effective until July 1, 2018, then recodified as RCW 43.216.559.)

Chapter 231, Laws of 2010 may be known as the ready for school act of 2010.
[ 2010 c 231 § 9. Formerly RCW 43.215.143.]



43.215.460
Findings—Intent—Early start program. (Effective until July 1, 2018, then recodified as RCW 43.216.565.)

The legislature finds that the first five years of a child's life establish the foundation for educational success. The legislature also finds that children who have high quality early learning opportunities from birth through age five are more likely to succeed throughout their K-12 education and beyond. The legislature further finds that the benefits of high quality early learning experiences are particularly significant for low-income parents and children, and provide an opportunity to narrow the opportunity gap in Washington's K-12 educational system. The legislature understands that early supports for high-risk parents of young children through home visiting services show a high return on investment due to significantly improved chances of better education, health, and life outcomes for children. The legislature further recognizes that, when parents work or go to school, high quality and full-day early learning opportunities should be available and accessible for their children. In order to improve education outcomes, particularly for low-income children, the legislature is committed to expanding high quality early learning opportunities and integrating currently disparate funding streams for all birth-to-five early learning services including, working connections child care and the early childhood education and assistance program, into a single high quality continuum of learning that provides essential services to low-income families and prepares all enrolled children for success in school. The legislature therefore intends to establish the early start program to provide a continuum of high quality and accountable early learning opportunities for Washington's parents and children.



43.215.470
Findings. (Effective until July 1, 2018, then recodified as RCW 43.216.570.)

The legislature finds that there is an urgent and substantial need to:
(1) Enhance the development of infants and toddlers with disabilities in the state of Washington in order to minimize developmental delay and maximize individual potential and enhance the capability of families to meet the needs of their infants and toddlers with disabilities and maintain family integrity;
(2) Coordinate and enhance the state's existing early intervention services to ensure a statewide, community-based, coordinated, interagency program of early intervention services for infants and toddlers with disabilities and their families; and
(3) Facilitate the coordination of payment for early intervention services from federal, state, local, and private sources including public and private insurance coverage.
[ 1992 c 198 § 14. Formerly RCW 70.195.005.]



43.215.472
Early intervention services—Birth-to-three—Interagency coordinating council—Conditions and limitations. (Effective until July 1, 2018, then recodified as RCW 43.216.572.)

For the purposes of implementing this chapter, the governor shall appoint a state birth-to-three interagency coordinating council and ensure that state agencies involved in the provision of, or payment for, early intervention services to infants and toddlers with disabilities and their families shall coordinate and collaborate in the planning and delivery of such services.
No state or local agency currently providing early intervention services to infants and toddlers with disabilities may use funds appropriated for early intervention services for infants and toddlers with disabilities to supplant funds from other sources.
All state and local agencies shall ensure that the implementation of this chapter will not cause any interruption in existing early intervention services for infants and toddlers with disabilities.
Nothing in this chapter shall be construed to permit the restriction or reduction of eligibility under Title V of the Social Security Act, P.L. 90-248, relating to maternal and child health or Title XIX of the Social Security Act, P.L. 89-97, relating to medicaid for infants and toddlers with disabilities.



43.215.474
Early intervention services—Birth-to-three—Interagency coordinating council—Coordination with counties and communities. (Effective until July 1, 2018, then recodified as RCW 43.216.574.)

The state birth-to-three interagency coordinating council shall identify and work with county early childhood interagency coordinating councils to coordinate and enhance existing early intervention services and assist each community to meet the needs of infants and toddlers with disabilities and their families.



43.215.476
Early intervention services—Interagency agreements. (Effective until July 1, 2018, then recodified as RCW 43.216.576.)

State agencies providing or paying for early intervention services shall enter into formal interagency agreements with each other and where appropriate, with school districts, counties, and other providers, to define their relationships and financial and service responsibilities. Local agencies or entities, including local school districts, counties, and service providers receiving public money for providing or paying for early intervention services shall enter into formal interagency agreements with each other that define their relationships and financial responsibilities to provide services within each county. In establishing priorities, school districts, counties, and other service providers shall give due regard to the needs of children birth to three years of age and shall ensure that they continue to participate in providing services and collaborate with each other. The interagency agreements shall include procedures for resolving disputes, provisions for establishing maintenance requirements, and all additional components necessary to ensure collaboration and coordination.
[ 1992 c 198 § 16. Formerly RCW 70.195.030.]



43.215.490
Child fatality reviews. (Effective until July 1, 2018, then recodified as RCW 43.216.650.)

(1) For the purposes of this section, "near fatality" means an act that, as certified by a physician, places the child in serious or critical condition.
(2)(a) The department shall conduct a child fatality review if a child fatality occurs in an early learning program described in RCW 43.215.400 through 43.215.450 or a licensed child care center or a licensed child care home.
(b) The department shall convene a child fatality review committee and determine the membership of the review committee. The committee shall comprise individuals with appropriate expertise, including but not limited to experts from outside the department with knowledge of early learning licensing requirements and program standards, a law enforcement officer with investigative experience, a representative from a county or state health department, and a child advocate with expertise in child fatalities. The department shall invite one parent or guardian for membership on the child fatality review committee who has had a child die in a child care setting. The department shall ensure that the fatality review team is made up of individuals who had no previous involvement in the case.
(c) The department shall allow the parents or guardians whose child's death is being reviewed to testify before the child fatality review committee.
(d) The primary purpose of the fatality review shall be the development of recommendations to the department and legislature regarding changes in licensing requirements, practice, or policy to prevent fatalities and strengthen safety and health protections for children.
(e) Upon conclusion of a child fatality review required pursuant to this section, the department shall, within one hundred eighty days following the fatality, issue a report on the results of the review, unless an extension has been granted by the governor. Reports must be distributed to the appropriate committees of the legislature, and the department shall create a public web site where all child fatality review reports required under this section must be posted and maintained. A child fatality review report completed pursuant to this section is subject to public disclosure and must be posted on the public web site, except that confidential information may be redacted by the department consistent with the requirements of RCW 13.50.100, 68.50.105, and 74.13.500 through 74.13.525, chapter 42.56 RCW, and other applicable state and federal laws.
(3) The department shall consult with the office of the family and children's ombuds to determine if a review should be conducted in the case of a near child fatality that occurs in an early learning program described in RCW 43.215.400 through 43.215.450 or licensed child care center or licensed child care home.
(4) In any review of a child fatality or near fatality, the department and the fatality review team must have access to all records and files regarding the child or that are otherwise relevant to the review and that have been produced or retained by the early education and assistance program provider or licensed child care center or licensed family home provider.
(5) The child fatality review committee shall coordinate with local law enforcement to ensure that the fatality or near fatality review does not interfere with any ongoing or potential criminal investigation.
(6)(a) A child fatality or near fatality review completed pursuant to this section is subject to discovery in a civil or administrative proceeding, but may not be admitted into evidence or otherwise used in a civil or administrative proceeding except pursuant to this section.
(b) A department employee responsible for conducting a child fatality or near fatality review, or member of a child fatality or near fatality review team, may not be examined in a civil or administrative proceeding regarding the following:
(i) The work of the child fatality or near fatality review team;
(ii) The incident under review;
(iii) The employee's or member's statements, deliberations, thoughts, analyses, or impressions relating to the work of the child fatality or near fatality review team or the incident under review; or
(iv) Statements, deliberations, thoughts, analyses, or impressions of any other member of the child fatality or near fatality review team, or any person who provided information to the child fatality or near fatality review team, relating to the work of the child fatality or near fatality review team or the incident under review.
(c) Documents prepared by or for a child fatality or near fatality review team are inadmissible and may not be used in a civil or administrative proceeding, except that any document that exists before its use or consideration in a child fatality or near fatality review, or that is created independently of such review, does not become inadmissible merely because it is reviewed or used by a child fatality or near fatality review team. A person is not unavailable as a witness merely because the person has been interviewed by or has provided a statement for a child fatality or near fatality review, but if called as a witness, a person may not be examined regarding the person's interactions with the child fatality or near fatality review including, without limitation, whether the person was interviewed during such review, the questions that were asked during such review, and the answers that the person provided during such review. This section may not be construed as restricting a person from testifying fully in any proceeding regarding his or her knowledge of the incident under review.
(d) The restrictions in this section do not apply in a licensing or disciplinary proceeding arising from an agency's effort to revoke or suspend the license of any licensed professional based in whole or in part upon allegations of wrongdoing in connection with a minor's death or near fatality reviewed by a child fatality or near fatality review team.
(7) The department shall develop and implement procedures to carry out the requirements of this section.
(8) Nothing in this section creates a duty for the office of the family and children's ombuds under RCW 43.06A.030 as related to children in the care of an early learning program described in RCW 43.215.400 through 43.215.450, a licensed child care center, or a licensed child care home.
NOTES:
Short title2015 c 199: "This act may be known and cited as the Eve Uphold act." [ 2015 c 199 § 3.]



43.215.492
Data collection and program evaluation—Reports. (Effective until July 1, 2018, then recodified as RCW 43.216.655.)

(1) The education data center established in RCW 43.41.400 must collect longitudinal, student-level data on all children attending an early childhood education and assistance program. Upon completion of an electronic time and attendance record system, the education data center must collect longitudinal, student-level data on all children attending a working connections child care program. Data collected should capture at a minimum the following characteristics:
(a) Daily program attendance;
(b) Identification of classroom and teacher;
(c) Early achievers program quality level rating;
(d) Program hours;
(e) Program duration;
(f) Developmental results from the Washington kindergarten inventory of developing skills in RCW 28A.655.080; and
(g) To the extent data is available, the distinct ethnic categories within racial subgroups of children and providers that align with categories recognized by the education data center.
(2) The department shall provide early learning providers student-level data collected pursuant to this section that are specific to the early learning provider's program. Upon completion of an electronic time and attendance record system identified in subsection (1) of this section, the department shall provide child care providers student-level data that are specific to the child care provider's program.
(3)(a) The department shall review available research and best practices literature on cultural competency in early learning settings. The department shall review the K-12 components for cultural competency developed by the professional educator standards board and identify components appropriate for early learning professional development.
(b) By July 31, 2016, the department shall provide recommendations to the appropriate committees of the legislature and the early learning advisory council on research-based cultural competency standards for early learning professional training.
(4)(a) The Washington state institute for public policy shall conduct a longitudinal analysis examining relationships between the early achievers program quality ratings levels and outcomes for children participating in subsidized early care and education programs.
(b) The institute shall submit the first report to the appropriate committees of the legislature and the early learning advisory council by December 31, 2019. The institute shall submit subsequent reports annually to the appropriate committees of the legislature and the early learning advisory council by December 31st, with the final report due December 31, 2022. The final report shall include a cost-benefit analysis.
(5)(a) By December 1, 2015, the department shall provide recommendations to the appropriate committees of the legislature on child attendance policies pertaining to the working connections child care program and the early childhood education and assistance program. The recommendations shall include the following:
(i) Allowable periods of child absences;
(ii) Required contact with parents or caregivers to discuss child absences and encourage regular program attendance; 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.
NOTES:
FindingIntent2015 3rd sp.s. c 7: See note following RCW 43.215.100.



43.215.495
Child care services—Declaration of policy. (Effective until July 1, 2018, then recodified as RCW 43.216.660.)

It shall be the policy of the state of Washington to:
(1) Recognize the family as the most important social and economic unit of society and support the central role parents play in child rearing. All parents are encouraged to care for and nurture their children through the traditional methods of parental care at home. The availability of quality, affordable child care is a concern for working parents, the costs of care are often beyond the resources of working parents, and child care facilities are not located conveniently to workplaces and neighborhoods. Parents are encouraged to participate fully in the effort to improve the quality of child care services.
(2) Promote a variety of culturally and developmentally appropriate child care settings and services of the highest possible quality in accordance with the basic principle of continuity of care. These settings shall include, but not be limited to, family day care homes, mini-centers, centers and schools.
(3) Promote the growth, development and safety of children by working with community groups including providers and parents to establish standards for quality service, training of child care providers, fair and equitable monitoring, and salary levels commensurate with provider responsibilities and support services.
(4) Promote equal access to quality, affordable, socio-economically integrated child care for all children and families.
(5) Facilitate broad community and private sector involvement in the provision of quality child care services to foster economic development and assist industry through the department of early learning.
NOTES:
Effective date2006 c 265: See RCW 43.215.905.
Findings1989 c 381: "The legislature finds that the increasing difficulty of balancing work life and family needs for parents in the workforce has made the availability of quality, affordable child care a critical concern for the state and its citizens. The prospect for labor shortages resulting from the aging of the population and the importance of the quality of the workforce to the competitiveness of Washington businesses make the availability of quality child care an important concern for the state and its businesses.
The legislature further finds that making information on child care options available to businesses can help the market for child care adjust to the needs of businesses and working families. The legislature further finds that investments are necessary to promote partnerships between the public and private sectors, educational institutions, and local governments to increase the supply, affordability, and quality of child care in the state." [ 1989 c 381 § 1.]
Severability1989 c 381: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected." [ 1989 c 381 § 7.]
Severability1988 c 213: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected." [ 1988 c 213 § 5.]



43.215.500
Child care workers—Findings—Intent. (Effective until July 1, 2018, then recodified as RCW 43.216.665.)

The legislature finds that as of 2000, child care workers in the state earned an average hourly wage of eight dollars and twenty-two cents, only fifty-eight percent received medical insurance through employers, only sixty-six percent received paid sick leave, and only seventy-three percent received paid vacation. The legislature further finds that low wages for child care workers create a barrier for individuals entering the profession, result in child care workers leaving the profession in order to earn a living wage in another profession, and make it difficult for child care workers to afford professional education and training. As a result, the availability of quality child care in the state suffers.
The legislature intends to increase wages to child care workers through establishing a child care career and wage ladder that provides increased wages for child care workers based on their work experience, level of responsibility, and education. To the extent practicable within available funds, this child care career and wage ladder shall mirror the successful child care career and wage ladder pilot project operated by the state between 2000 and 2003. While it is the intent of the legislature to establish the vision of a statewide child care career and wage ladder that will enhance employment quality and stability for child care workers, the legislature also recognizes that funding allocations will determine the extent of statewide implementation of a child care career and wage ladder.
[ 2005 c 507 § 1. Formerly RCW 74.13.097.]



43.215.502
Child care provider rules review. (Effective until July 1, 2018, then recodified as RCW 43.216.670.)

In conjunction with child care providers and other early learning leaders, the department shall review and revise child care provider rules in order to emphasize the need for mutual respect among parents, providers, and state staff who enforce rules. Revised rules shall clearly focus on keeping children safe and improving early learning outcomes for children. The department shall develop a plan by July 2007 that outlines the process and timelines to complete the rules review. Nothing in this section changes the department's responsibility to collectively bargain over mandatory subjects.
NOTES:
FindingDeclarationCaptions not law2007 c 394: See notes following RCW 43.215.010.



43.215.505
Child care workers—Career and wage ladder. (Effective until July 1, 2018, then recodified as RCW 43.216.675.)

(1) Subject to the availability of funds appropriated for this specific purpose, the department shall establish a child care career and wage ladder in licensed child care centers that meet the following criteria: (a) At least ten percent of child care slots are dedicated to children whose care is subsidized by the state or any political subdivision thereof or any local government; (b) the center agrees to adopt the child care career and wage ladder, which, at a minimum, shall be at the same pay schedule as existed in the previous child care career and wage ladder pilot project; and (c) the center meets further program standards as established by rule pursuant to *section 4, chapter 507, Laws of 2005.
The child care career and wage ladder shall include wage increments for levels of education, years of relevant experience, levels of work responsibility, relevant early childhood education credits, and relevant requirements in the state training and registry system.
(2) The department shall establish procedures for the allocation of funds to implement the child care career and wage ladder among child care centers meeting the criteria identified in subsection (1) of this section. In developing these procedures, the department shall:
(a) Review past efforts or administration of the child care career and wage ladder pilot project in order to take advantage of any findings, recommendations, or administrative practices that contributed to that pilot project's success;
(b) Consult with stakeholders, including organizations representing child care teachers and providers, in developing an allocation formula that incorporates consideration of geographic and demographic distribution of child care centers adopting the child care career and wage ladder; and
(c) Develop a system for prioritizing child care centers interested in adopting the child care career and wage ladder that is based on the criteria identified in subsection (1) of this section.
(3) Notwithstanding the requirements of subsection (2) of this section, child care centers meeting the criteria in subsection (1) of this section located in urban areas of the department of social and health services region one shall receive a minimum of fifteen percent of the funds allocated through the child care career and wage ladder, and of these centers, child care centers meeting the criteria in subsection (1) of this section participating in the Spokane tiered reimbursement pilot project shall have first priority for child care career and wage ladder funding.
NOTES:
*Reviser's note: Section 4 of this act was vetoed.



43.215.510
Child care workers—Career and wage ladder—Wage increases. (Effective until July 1, 2018, then recodified as RCW 43.216.680.)

Child care centers adopting the child care career and wage ladder established pursuant to RCW 43.215.505 shall increase wages for child care workers who have earned a high school diploma or high school equivalency certificate as provided in RCW 28B.50.536, gain additional years of experience, or accept increasing levels of responsibility in providing child care, in accordance with the child care career and wage ladder. The adoption of a child care career and wage ladder shall not prohibit the provision of wage increases based upon merit. The department shall pay wage increments for child care workers employed by child care centers adopting the child care career and wage ladder established pursuant to RCW 43.215.505 who earn early childhood education credits or meet relevant requirements in the state training and registry system, in accordance with the child care career and wage ladder.



43.215.520
Child day care centers, family day care providers—Toll-free information number. (Effective until July 1, 2018, then recodified as RCW 43.216.685.)

(1) The department shall establish and maintain a toll-free telephone number, and an interactive web-based system through which persons may obtain information regarding child day care centers and family day care providers. This number shall be available twenty-four hours a day for persons to request information. The department shall respond to recorded messages left at the number within two business days. The number shall be published in reasonably available printed and electronic media. The number shall be easily identifiable as a number through which persons may obtain information regarding child day care centers and family day care providers as set forth in this section.
(2) Through the toll-free telephone line established by this section, the department shall provide information to callers about: (a) Whether a day care provider is licensed; (b) whether a day care provider's license is current; (c) the general nature of any enforcement against the providers; (d) how to report suspected or observed noncompliance with licensing requirements; (e) how to report alleged abuse or neglect in a day care; (f) how to report health, safety, and welfare concerns in a day care; (g) how to receive follow-up assistance, including information on the office of the family and children's ombuds; and (h) how to receive referral information on other agencies or entities that may be of further assistance to the caller.
(3) Beginning in January 2006, the department shall print the toll-free number established by this section on the face of new licenses issued to child day care centers and family day care providers.
(4) This section shall not be construed to require the disclosure of any information that is exempt from public disclosure under chapter 42.56 RCW.
NOTES:
Purpose2005 c 473: See note following RCW 74.15.300.



43.215.525
Child day care centers, family day care providers—Required postings—Disclosure of complaints. (Effective until July 1, 2018, then recodified as RCW 43.216.687.)

(1) Every child day care center and family day care provider shall prominently post the following items, clearly visible to parents and staff:
(a) The license issued under this chapter;
(b) The department's toll-free telephone number established by RCW 43.215.520;
(c) The notice of any pending enforcement action. The notice must be posted immediately upon receipt. The notice must be posted for at least two weeks or until the violation causing the enforcement action is corrected, whichever is longer;
(d) A notice that inspection reports and any notices of enforcement actions for the previous three years are available from the licensee and the department; and
(e) Any other information required by the department.
(2) The department shall disclose the receipt, general nature, and resolution or current status of all complaints on record with the department after July 24, 2005, against a child day care center or family day care provider that result in an enforcement action. Information may be posted:
(a) On a web site; or
(b) In a physical location that is easily accessed by parents and potential employers.
(3) This section shall not be construed to require the disclosure of any information that is exempt from public disclosure under chapter 42.56 RCW.
NOTES:
Captions not law2007 c 415: See note following RCW 43.215.005.
Purpose2005 c 473: See note following RCW 74.15.300.



43.215.530
Child day care centers, family day care providers—Public access to reports and enforcement action notices. (Effective until July 1, 2018, then recodified as RCW 43.216.689.)

(1) Every child day care center and family day care provider shall have readily available for review by the department, parents, and the public a copy of each inspection report and notice of enforcement action received by the center or provider from the department for the past three years. This subsection only applies to reports and notices received on or after July 24, 2005.
(2) The department shall make available to the public during business hours all inspection reports and notices of enforcement actions involving child day care centers and family day care providers. The department shall include in the inspection report a statement of the corrective measures taken by the center or provider.
(3) The department may make available on a publicly accessible web site all inspection reports and notices of licensing actions, including the corrective measures required or taken, involving child day care centers and family day care providers.
(4) This section shall not be construed to require the disclosure of any information that is exempt from public disclosure under chapter 42.56 RCW.
NOTES:
Captions not law2007 c 415: See note following RCW 43.215.005.
Purpose2005 c 473: See note following RCW 74.15.300.



43.215.532
County regulation of family day-care centers—Twelve-month pilot projects. (Effective until July 1, 2018, then recodified as RCW 43.216.695.)

(1) Notwithstanding RCW 74.15.030, counties with a population of three thousand or less may adopt and enforce ordinances and regulations as provided in this section for family day-care providers as defined in *RCW 74.15.020(1)(f) as a twelve-month pilot project. Before a county may regulate family day-care providers in accordance with this section, it shall adopt ordinances and regulations that address, at a minimum, the following: (a) The size, safety, cleanliness, and general adequacy of the premises; (b) the plan of operation; (c) the character, suitability, and competence of a family day-care provider and other persons associated with a family day-care provider directly responsible for the care of children served; (d) the number of qualified persons required to render care; (e) the provision of necessary care, including food, clothing, supervision, and discipline; (f) the physical, mental, and social well-being of children served; (g) educational and recreational opportunities for children served; and (h) the maintenance of records pertaining to children served.
(2) The county shall notify the department of social and health services in writing sixty days prior to adoption of the family day-care regulations required pursuant to this section. The transfer of jurisdiction shall occur when the county has notified the department in writing of the effective date of the regulations, and shall be limited to a period of twelve months from the effective date of the regulations. Regulation by counties of family day-care providers as provided in this section shall be administered and enforced by those counties. The department shall not regulate these activities nor shall the department bear any civil liability under chapter 74.15 RCW for the twelve-month pilot period. Upon request, the department shall provide technical assistance to any county that is in the process of adopting the regulations required by this section, and after the regulations become effective.
(3) Any county regulating family day-care providers pursuant to this section shall report to the governor and the appropriate committees of the legislature concerning the outcome of the pilot project upon expiration of the twelve-month pilot period. The report shall include the ordinances and regulations adopted pursuant to subsection (1) of this section and a description of how those ordinances and regulations address the specific areas of regulation identified in subsection (1) of this section.
[ 2005 c 509 § 1. Formerly RCW 74.15.031.]
NOTES:
*Reviser's note: Chapter 265, Laws of 2006, deleted the definition of "family day-care provider" in RCW 74.15.020 and created it in RCW 43.215.010.
Effective date2005 c 509: "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 immediately [May 17, 2005]." [ 2005 c 509 § 2.]



43.215.535
Day care insurance. (Effective until July 1, 2018, then recodified as RCW 43.216.700.)

(1) Every licensed child day care center shall, at the time of licensure or renewal and at any inspection, provide to the department proof that the licensee has day care insurance as defined in RCW 48.88.020, or is self-insured pursuant to chapter 48.90 RCW.
(a) Every licensed child day care center shall comply with the following requirements:
(i) Notify the department when coverage has been terminated;
(ii) Post at the day care center, in a manner likely to be observed by patrons, notice that coverage has lapsed or been terminated;
(iii) Provide written notice to parents that coverage has lapsed or terminated within thirty days of lapse or termination.
(b) Liability limits under this subsection shall be the same as set forth in RCW 48.88.050.
(c) The department may take action as provided in RCW 43.215.300 if the licensee fails to maintain in full force and effect the insurance required by this subsection.
(d) This subsection applies to child day care centers holding licenses, initial licenses, and probationary licenses under this chapter.
(e) A child day care center holding a license under this chapter on July 24, 2005, is not required to be in compliance with this subsection until the time of renewal of the license or until January 1, 2006, whichever is sooner.
(2)(a) Every licensed family day care provider shall, at the time of licensure or renewal either:
(i) Provide to the department proof that the licensee has day care insurance as defined in RCW 48.88.020, or other applicable insurance; or
(ii) Provide written notice of their insurance status on a standard form developed by the department to parents with a child enrolled in family day care and keep a copy of the notice to each parent on file. Family day care providers may choose to opt out of the requirement to have day care or other applicable insurance but must provide written notice of their insurance status to parents with a child enrolled and shall not be subject to the requirements of (b) or (c) of this subsection.
(b) Any licensed family day care provider that provides to the department proof that the licensee has insurance as provided under (a)(i) of this subsection shall comply with the following requirements:
(i) Notify the department when coverage has been terminated;
(ii) Post at the day care home, in a manner likely to be observed by patrons, notice that coverage has lapsed or been terminated;
(iii) Provide written notice to parents that coverage has lapsed or terminated within thirty days of lapse or termination.
(c) Liability limits under (a)(i) of this subsection shall be the same as set forth in RCW 48.88.050.
(d) The department may take action as provided in RCW 43.215.300 if the licensee fails to comply with the requirements of this subsection.
(e) A family day care provider holding a license under this chapter on July 24, 2005, is not required to be in compliance with this subsection until the time of renewal of the license or until January 1, 2006, whichever is sooner.
(3) Noncompliance or compliance with the provisions of this section shall not constitute evidence of liability or nonliability in any injury litigation.
NOTES:
Captions not law2007 c 415: See note following RCW 43.215.005.
Purpose2005 c 473: See note following RCW 74.15.300.



43.215.540
Child care providers—Tiered-reimbursement system—Pilot sites. (Effective until July 1, 2018, then recodified as RCW 43.216.705.)

(1) Subject to the availability of amounts appropriated for this specific purpose, the department shall implement the tiered-reimbursement system developed pursuant to section 6, chapter 490, Laws of 2005. Implementation of the tiered-reimbursement system shall initially consist of two pilot sites in different geographic regions of the state with demonstrated public-private partnerships, with statewide implementation to follow.
(2) In implementing the tiered-reimbursement system, consideration shall be given to child care providers who provide staff wage progression.
(3) The department shall begin implementation of the two pilot sites by March 30, 2006.
NOTES:
Effective date2005 c 409: "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 immediately [May 16, 2005]." [ 2005 c 490 § 15.]



43.215.545
Child care services. (Effective until July 1, 2018, then recodified as RCW 43.216.710.)

The department of early learning shall:
(1) Work in conjunction with the statewide child care resource and referral network as well as local governments, nonprofit organizations, businesses, and community child care advocates to create local child care resource and referral organizations. These organizations may carry out needs assessments, resource development, provider training, technical assistance, and parent information and training;
(2) Actively seek public and private money for distribution as grants to the statewide child care resource and referral network and to existing or potential local child care resource and referral organizations;
(3) Adopt rules regarding the application for and distribution of grants to local child care resource and referral organizations. The rules shall, at a minimum, require an applicant to submit a plan for achieving the following objectives:
(a) Provide parents with information about child care resources, including location of services and subsidies;
(b) Carry out child care provider recruitment and training programs, including training under RCW 74.25.040;
(c) Offer support services, such as parent and provider seminars, toy-lending libraries, and substitute banks;
(d) Provide information for businesses regarding child care supply and demand;
(e) Advocate for increased public and private sector resources devoted to child care;
(f) Provide technical assistance to employers regarding employee child care services; and
(g) Serve recipients of temporary assistance for needy families and working parents with incomes at or below household incomes of two hundred percent of the federal poverty line;
(4) Provide staff support and technical assistance to the statewide child care resource and referral network and local child care resource and referral organizations;
(5) Maintain a statewide child care licensing data bank and work with department licensors to provide information to local child care resource and referral organizations about licensed child care providers in the state;
(6) Through the statewide child care resource and referral network and local resource and referral organizations, compile data about local child care needs and availability for future planning and development;
(7) Coordinate with the statewide child care resource and referral network and local child care resource and referral organizations for the provision of training and technical assistance to child care providers;
(8) Collect and assemble information regarding the availability of insurance and of federal and other child care funding to assist state and local agencies, businesses, and other child care providers in offering child care services;
(9) Subject to the availability of amounts appropriated for this specific purpose, beginning September 1, 2013, increase the base rate for all child care providers by ten percent;
(10) Subject to the availability of amounts appropriated for this specific purpose, provide tiered subsidy rate enhancements to child care providers if the provider meets the following requirements:
(a) The provider enrolls in quality rating and improvement system levels 2, 3, 4, or 5;
(b) The provider is actively participating in the early achievers program;
(c) The provider continues to advance towards level 5 of the early achievers program; and
(d) The provider must complete level 2 within thirty months or the reimbursement rate returns the level 1 rate; and
(11) Require exempt providers to participate in continuing education, if adequate funding is available.
NOTES:
Effective date2006 c 265: See RCW 43.215.905.
Effective date2005 c 490: See note following RCW 43.215.540.
Finding1997 c 58: "The legislature finds that informed choice is consistent with individual responsibility and that parents should be given a range of options for available child care while participating in the program." [ 1997 c 58 § 401.]
Short titlePart headings, captions, table of contents not lawExemptions and waivers from federal lawConflict with federal requirementsSeverability1997 c 58: See RCW 74.08A.900 through 74.08A.904.
Finding1993 c 453: "The legislature finds that building a system of quality, affordable child care requires coordinated efforts toward constructing partnerships at state and community levels. Through the office of child care policy, the department of social and health services is responsible for facilitating the coordination of child care efforts and establishing working partnerships among the affected entities within the public and private sectors. Through these collaborative efforts, the office of child care policy encouraged the coalition of locally based child care resource and referral agencies into a statewide network. The statewide network, in existence since 1989, supports the development and operation of community-based resource and referral programs, improves the quality and quantity of child care available in Washington by fostering statewide strategies, and generates then nurtures effective public-private partnerships. The statewide network provides important training, standards of service, and general technical assistance to its locally based child care resource and referral programs. The locally based programs enrich the availability, affordability, and quality of child care in their communities." [ 1993 c 453 § 1.]
Effective date1993 c 453: "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 shall take effect immediately [May 17, 1993]." [ 1993 c 453 § 3.]
SeverabilityEffective date1991 sp.s. c 16: See notes following RCW 9.46.100.
FindingsSeverability1989 c 381: See notes following RCW 43.215.495.



43.215.550
Child care partnership employer liaison. (Effective until July 1, 2018, then recodified as RCW 43.216.715.)

An employer liaison position is established in the department of early learning to be colocated with the *department of community, trade, and economic development. The employer liaison shall, within appropriated funds:
(1) Staff and assist the child care partnership in the implementation of its duties;
(2) Provide technical assistance to employers regarding child care services, working with and through local resource and referral organizations whenever possible. Such technical assistance shall include at a minimum:
(a) Assessing the child care needs of employees and prospective employees;
(b) Reviewing options available to employers interested in increasing access to child care for their employees;
(c) Developing techniques to permit small businesses to increase access to child care for their employees;
(d) Reviewing methods of evaluating the impact of child care activities on employers; and
(e) Preparing, collecting, and distributing current information for employers on options for increasing involvement in child care; and
(3) Provide assistance to local child care resource and referral organizations to increase their capacity to provide quality technical assistance to employers in their community.
NOTES:
*Reviser's note: The "department of community, trade, and economic development" was renamed the "department of commerce" by 2009 c 565.
Effective date2006 c 265: See RCW 43.215.905.
FindingsSeverability1989 c 381: See notes following RCW 43.215.495.



43.215.555
Child care expansion grant fund. (Effective until July 1, 2018, then recodified as RCW 43.216.720.)

(1) The legislature recognizes that a severe shortage of child care exists to the detriment of all families and employers throughout the state. Many workers are unable to enter or remain in the workforce due to a shortage of child care resources. The high costs of starting a child care business create a barrier to the creation of new slots, especially for children with special needs.
(2) A child care expansion grant fund is created in the custody of the secretary of the department of social and health services. Grants shall be awarded on a one-time only basis to persons, organizations, or schools needing assistance to start a child care center or mini-center as defined by the department by rule, or to existing licensed child care providers, including family home providers, for the purpose of making capital improvements in order to accommodate handicapped children as defined under chapter 72.40 RCW, sick children, or infant care, or children needing nighttime care. No grant may exceed ten thousand dollars. Start-up costs shall not include operational costs after the first three months of business.
(3) Child care expansion grants shall be awarded on the basis of need for the proposed services in the community, within appropriated funds.
(4) The department shall adopt rules under chapter 34.05 RCW setting forth criteria, application procedures, and methods to assure compliance with the purposes described in this section.
[ 1988 c 213 § 3. Formerly RCW 74.13.095.]
NOTES:
Severability1988 c 213: See note following RCW 43.215.495.



43.215.560
Subsidized child care report and assessment. (Effective until July 1, 2018, then recodified as RCW 43.216.725.)

The department and the department of social and health services, in consultation with interested individuals and organizations, shall jointly:
(1) Identify different options to track subsidized child care attendance, including methods using a land line or cellular telephone, a computer, a point of sale system, or some combination of these methods and report their recommended method to the legislature no later than December 31, 2011. Each department's recommendations must include implementation issues to be addressed and a proposed implementation timeline, and should assume a January 2013 implementation date for the attendance tracking system. The legislature shall review the recommendations and authorize implementation. The method that is chosen must interface smoothly with the current and future payment systems for subsidized child care payments.
(2) Conduct an assessment of the current subsidized child care eligibility determination system and develop recommendations to improve the accuracy, efficiency, and responsiveness of the system, including consideration of the most appropriate entity or entities to make eligibility determinations. The results of the assessment shall be reported to the legislature no later than December 31, 2011.
NOTES:
FindingsIntentEffective date2011 1st sp.s. c 42: See notes following RCW 74.08A.260.
Finding2011 1st sp.s. c 42: See note following RCW 74.04.004.



43.215.562
Child care subsidy fraud—Referral—Collection of overpayments. (Effective until July 1, 2018, then recodified as RCW 43.216.730.)

(1) The department must refer all suspected incidents of child care subsidy fraud to the department of social and health services office of fraud and accountability for appropriate investigation and action.
(2) For the purposes of this section, "fraud" has the definition in RCW 74.04.004.
(3) This section does not limit or preclude the department or the department of social and health services from establishing and collecting overpayments consistent with federal regulation or seek other remedies that may be legally available, including but not limited to criminal investigation or prosecution.
NOTES:
FindingIntent2013 2nd sp.s. c 29: "The legislature finds that child care providers positively contribute to local communities by offering important services that support the well-being of children and their families. The legislature further recognizes that most child care providers make every effort to ensure that subsidy payments received are correct and align with agency rules. When a child care provider is found to have fraudulently accepted subsidy payments, however, it is the legislature's intent to prohibit such a provider from receiving future child care subsidy payments." [ 2013 2nd sp.s. c 29 § 1.]



43.215.564
Placement of children ages sixty months through six years. (Effective until July 1, 2018, then recodified as RCW 43.216.735.)

For children ages sixty months through six years, the child's school enrollment status may not be used as a reason to require the child be placed within a specific mixed-age group. Nothing in this section changes or requires the department to change the staff-to-child ratio requirements for mixed-age groups that include children who are ages thirty months through six years.
NOTES:
FindingIntent2016 c 169: "(1) The legislature recognizes that the high cost of quality child care places a heavy burden on Washington's poorest families. The legislature further acknowledges the administrative burden unnecessary regulations place on child care providers and the families they serve. The legislature finds that under current rule, child care providers may not serve five year olds attending school in the same group as five year olds not attending school.
(2) The legislature intends to allow child care centers to serve kindergartners in a mixed group or classroom without having to go through a waiver process. The legislature further intends to streamline the delivery of services to children while continuing to protect their safety and well-being." [ 2016 c 169 § 1.]



43.215.566
Outdoor, nature-based early learning and child care programs—Pilot project—Reports. (Effective until July 1, 2018, then recodified as RCW 43.216.740.)

(1) The department shall establish a pilot project to license outdoor, nature-based early learning and child care programs. The pilot project shall commence beginning August 31, 2017, and conclude June 30, 2021.
(2) The department shall adopt rules to implement the pilot project and may waive or adapt licensing requirements when necessary to allow for the operation of outdoor classrooms.
(3) As part of the pilot project, the department shall explore options for developing a quality rating and improvement system for outdoor preschools. Options may include, but are not limited to, adapting the early achievers program to assess quality in outdoor learning environments, as well as excluding or replacing the early achievers indoor environmental rating scale. The department may receive and expend funds from philanthropic organizations in order to implement this subsection and subsection (6) of this section. The department shall include a discussion of options and recommendations in the final report required under subsection (8) of this section.
(4) The department shall select up to ten pilot locations during the first year of the pilot project. Beginning August 31, 2018, additional outdoor, nature-based early learning and child care programs may apply to participate in the pilot project. When selecting and approving pilot project locations, the department shall aim to select a mix of rural, urban, and suburban locations, and may give priority to:
(a) Areas where there are few or limited licensed early learning programs;
(b) Areas of need where licensed early learning programs are at or near full capacity, and where access may be restricted by one or more enrollment wait-lists; and
(c) Areas where an outdoor early learning program would provide more family choice.
(5) A child care or early learning program operated by a federally recognized tribe may participate in the pilot project through an interlocal agreement between the tribe and the department. The interlocal agreement must reflect the government-to-government relationship between the state and the tribe, including recognition of tribal sovereignty.
(6) Subject to the availability of funds, the department may convene an advisory group of outdoor, nature-based early learning practitioners to inform and support implementation of the pilot project.
(7) For purposes of this section, "outdoor, nature-based early learning and child care program" means an agency-offered program operated primarily outdoors in which children are enrolled on a regular basis for three or more hours per day.
(8) The department shall provide the following reports to the legislature and the governor:
(a) By January 15, 2018, and annually thereafter through January 15, 2020, a brief status report describing implementation of the pilot project, including a description of participating providers and the number of children and families being served;
(b) By November 30, 2020, a full report on findings from the pilot project, including recommendations for modifying or expanding the availability of outdoor, nature-based early learning and child care programs. The final report also must include a discussion of potential options to mitigate the uncertainty for families and participating providers during the final six months of the pilot project when legislation may be pending.
(9) The provisions of this section are subject to appropriation.
(10) This section expires August 1, 2021.
NOTES:
FindingsIntent2017 c 162: "The legislature finds that, over the past decade, more than forty outdoor, nature-based early learning and child care programs have opened in Washington, several of which are in high demand based on existing wait-lists. The legislature finds, however, that these programs currently are unlicensed and thus unable to offer full-day programs, which many working families are seeking. Unlicensed outdoor programs also are unable to serve families who are eligible for assistance through the working connections child care program. The legislature further finds that the outdoor preschool model could help expand the number of high quality early learning opportunities available to families throughout Washington, particularly in areas where preschool-appropriate indoor space is unavailable or unaffordable. Additionally, when early learning programs spend less on their physical facilities, they are able to spend more on recruiting and retaining teachers and other early learning professionals. The legislature also finds that research on outdoor preschools operating in Scandinavian countries for decades has demonstrated a positive impact on children's development, including improved cognitive and social skills when children transition to grade school. The legislature, therefore, intends to establish a pilot project to license outdoor preschools in order to expand access to affordable, high quality early learning programs, and to further investigate the benefits of outdoor, nature-based classrooms for Washington's children and families." [ 2017 c 162 § 1.]



43.215.570
Child care consultation program—Creation, operation, and duties. (Effective until July 1, 2018, then recodified as RCW 43.216.745.)

(1) Subject to the availability of amounts appropriated for this specific purpose, the department shall establish a child care consultation program linking child care providers with evidence-based, trauma-informed, and best practice resources regarding caring for infants and young children who present behavioral concerns or symptoms of trauma. The department may contract with an entity with expertise in child development and early learning programs in order to operate the child care consultation program.
(2) In establishing and operating the program, the department or contracted entity shall: (a) Assist child care providers in recognizing the signs and symptoms of trauma in children; (b) provide support and guidance to child care staff; (c) consult and coordinate with parents, other caregivers, and experts or practitioners involved with the care and well-being of the young children; and (d) provide referrals for children who need additional services.
NOTES:
FindingsIntent2017 c 202: See note following RCW 74.09.492.



43.215.900
Early childhood education and assistance program—Short title—1985 c 418. (Effective until July 1, 2018, then recodified as RCW 43.216.900.)

This act shall be known as the early childhood assistance act of 1985.



43.215.901
Contingency—Effective date—1985 c 418. (Effective until July 1, 2018, then recodified as RCW 43.216.901.)

If specific funding for the purposes of this act, referencing this act by bill number, is not provided by the legislature by July 1, 1987, this act shall be null and void. This act shall be of no effect until such specific funding is provided. If such funding is so provided, this act shall take effect when the legislation providing the funding takes effect.
NOTES:
Reviser's note: (1) 1986 c 312 § 211 provides specific funding for the purposes of this act.
(2) 1986 c 312 took effect April 4, 1986.



43.215.905
Effective date—2006 c 265. (Effective until July 1, 2018, then recodified as RCW 43.216.902.)

This act takes effect July 1, 2006.
NOTES:
Reviser's note: RCW 43.215.905 was recodified by 2017 3rd sp.s. c 6 § 821, effective July 1, 2018, and decodified by 2017 3rd sp.s. c 25 § 7.



43.215.907
Evaluation of department by joint legislative audit and review committee. (Effective until July 1, 2018.)

By July 1, 2010, the joint legislative audit and review committee shall conduct an evaluation of the implementation and operation of the department of early learning to assess the extent to which:
(1) Services and programs that previously were administered separately have been effectively integrated;
(2) Reporting and monitoring activities have been consolidated and made more efficient;
(3) Consolidation has resulted in administrative efficiencies within the department;
(4) Child care and early learning services are improved;
(5) Subsidized child care is available;
(6) Subsidized child care is affordable;
(7) The department has been an effective partner in the private-public partnership;
(8) Procedures have been put in place to respect parents and legal guardians and provide them the opportunity to participate in the development of policies and program decisions affecting their children; and
(9) The degree and methods by which the agency conducts parent outreach and education.



43.215.908
Construction—Chapter applicable to state registered domestic partnerships—2009 c 521. (Effective until July 1, 2018, then recodified as RCW 43.216.903.)

For the purposes of this chapter, the terms spouse, marriage, marital, husband, wife, widow, widower, next of kin, and family shall be interpreted as applying equally to state registered domestic partnerships or individuals in state registered domestic partnerships as well as to marital relationships and married persons, and references to dissolution of marriage shall apply equally to state registered domestic partnerships that have been terminated, dissolved, or invalidated, to the extent that such interpretation does not conflict with federal law. Where necessary to implement chapter 521, Laws of 2009, gender-specific terms such as husband and wife used in any statute, rule, or other law shall be construed to be gender neutral, and applicable to individuals in state registered domestic partnerships.



43.215.909
Short title—2015 3rd sp.s. c 7. (Effective until July 1, 2018, then recodified as RCW 43.216.904.)

Chapter 7, Laws of 2015 3rd sp. sess. may be known and cited as the early start act.
NOTES:
FindingIntent2015 3rd sp.s. c 7: See note following RCW 43.215.100.
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