EXPEDITED ADOPTION
TRADE AND ECONOMIC DEVELOPMENT
Title of Rule: Chapter 365-170 WAC, State funding for local early childhood education and assistance programs.
Purpose: To amend rules governing early childhood education assistance programs (ECEAP). Changes will be consistent with applicable changes in state statutes.
Statutory Authority for Adoption: RCW 43.63A.060.
Statute Being Implemented: RCW 28A.215.110.
Summary: The purpose of this rule amendment is to comply with SHB 1935, which expands income eligibility criteria, for ECEAP, from 100% to 110% of the federal poverty level.
Reasons Supporting Proposal: Changes in existing law will expand ECEAP eligibility criteria and allow services to be offered to a greater number of people.
Name of Agency Personnel Responsible for Drafting: Cinque' R. Finnie, Department of Community, Trade and Economic Development, (360) 753-4377; Implementation and Enforcement: Garrison Kurtz, Department of Community, Trade and Economic Development, (360) 753-4106.
Name of Proponent: Department of Community, Trade and Economic Development, governmental.
Rule is not necessitated by federal law, federal or state court decision.
Explanation of Rule, its Purpose, and Anticipated Effects: Rule change will amend income eligibility requirements of the ECEAP program. RCW 28A.215.110 previously stated that an "eligible child" means a child not eligible for kindergarten whose family income is at or below 100% of the federal poverty level. This has been amended from 100% to 110% of the federal poverty level by chapter 350, Laws of 1999.
This change in this rule will expand the pool of potentially eligible participants. Flexibility in enrollment will allow ECEAP to serve a greater number of low income children, and their families.
Proposal Changes the Following Existing Rules: Current RCW 28A.215.110 states: (3) "Eligible child" means a child not eligible for kindergarten whose family income is at or below one hundred 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 and may include children who are eligible under rules adopted by the department if the number of such children equals no 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 or to eligible children from families with multiple needs.
Definition of "eligible child" would change to: (3) "Eligible child" means a child not
eligible for kindergarten whose family income is at or below one hundred and 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 federal or state program providing comprehensive services 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 or to eligible
children from families with multiple needs.
THIS RULE IS BEING PROPOSED TO BE ADOPTED USING AN EXPEDITED RULE-MAKING PROCESS THAT WILL ELIMINATE THE NEED FOR THE AGENCY TO HOLD PUBLIC HEARINGS, PREPARE A SMALL BUSINESS ECONOMIC IMPACT STATEMENT, OR PROVIDE RESPONSES TO THE CRITERIA FOR A SIGNIFICANT LEGISLATIVE RULE. IF YOU OBJECT TO THIS RULE BEING ADOPTED USING THE EXPEDITED RULE-MAKING PROCESS, YOU MUST EXPRESS YOUR OBJECTIONS IN WRITING AND THEY MUST BE SENT TO Garrison Kurtz, Managing Director, Children Services Unit, Department of Community, Trade and Economic Development, P.O. Box 48300, Olympia, WA 98504-8300 , AND RECEIVED BY September 20, 1999.
June 10, 1999
Jean L. Ameluxen, Director
Intergovernmental Relations
OTS-3229.1
AMENDATORY SECTION(Amending Order 88-04, filed 8/31/88)
WAC 365-170-030
Definitions.
(1) "Applicant" means a public or private nonsectarian organization which applies for state early childhood education and assistance program assistance.
(2) "At risk" means children residing in low income families who are by virtue of their socio-economic status at risk of failure in the common school system.
(3) "Contract year" means the period July 1 through June 30 in which the program must operate.
(4) "Department" means the department of community development.
(5) "Direct service" means any educational, health, or social service for children which is designed to meet the program standards.
(6) "Director" means the director of the department of community development.
(7) "Early childhood education and assistance program" means the state-wide administrative activities carried out within the department of community development to allocate, award, and monitor state funds appropriated to assist local early childhood education and assistance programs.
(8) "Family" means all persons living in the same household who are (a) supported by the income of the parent(s) or guardian(s) of the child enrolling in the early childhood education and assistance program, and (b) related to the parent(s) or guardian(s) by blood, marriage, adoption, or legal obligation to provide support.
(9) "Contractor" means an applicant which has been awarded state funds under the early childhood education and assistance program, and which has entered into a contract with the department of community development to provide an early childhood education and assistance program. Contractors may be local public or private organizations which are nonsectarian in their delivery of services.
(10) "Like educational services" means comprehensive programs providing educational, social, parent involvement, and health services funded by other sources.
(11) "Low-income family" means a family whose total income before taxes for the twelve months or full calendar year, whichever period better reflects the current income of the family, prior to the enrollment of their child in the early childhood education and assistance program is equal to, or less than, one hundred ten percent of the federally established poverty guidelines as defined by the Department of Health and Human Services. The term also includes a family receiving aid to families with dependent children or participating in the family independence program under chapter 74.21 RCW.
(12) "Nonsectarian" means that no aspect of early childhood education and assistance services will include any religious orientation.
[Statutory Authority: RCW 28A.34A.060. 88-18-039 (Order 88-04), § 365-170-030, filed 8/31/88. Statutory Authority: RCW 43.63A.060. 87-04-007 (Order 87-02), § 365-170-030, filed 1/23/87.]