WSR 17-16-127
AGENDA
DEPARTMENT OF
EARLY LEARNING
[Filed July 31, 2017, 3:06 p.m.]
Semi-Annual Rule-Making Agenda Under RCW 34.05.314
July 1 through December 31, 2017
The department of early learning (DEL) prepares a semi-annual rule-making agenda in January and July each year to let the public know about DEL rule changes that are underway or planned. DEL rules are part of the Washington Administrative Code (WAC), and permanent DEL rules can be found online at Title 170 WAC. Find current information about department rule-making activity online at DEL Rules Under Development. See additional notes following the table.
Subject
Matter
and
Authority
WAC Chapter
or Sections
Description
DEL Rules Under Development on the DEL web site has current information on these rules.
Emergency
Rules
(CR-103E)
Preproposal
Notice
(CR-101)
Proposed Rule (CR-102) and Public Hearings
or
Expedited Rule (CR-105)
Permanent
Rule
(CR-103P)
Single set of licensing standards for child care and the early childhood education and assistance program (ECEAP)
RCW 43.215.060, 43.215.070, chapter 43.215 RCW
Possible revisions to chapters 170-06, 170-12, 170-290, 170-100 and 170-297 WAC
Repealing chapters 170-295 and 170-296A WAC
Creating a new WAC chapter
Rule making to implement a single set of licensing standards for child care and ECEAP. The new WAC chapter will provide minimum health and safety standards for child care and preschool programs, rely on the standards established in the early achievers program to address quality issues in participating early childhood programs, take into account the separate needs of family care providers and child care centers and promote the continued safety of child care settings.
None
WSR 17-13-058
CR-101 sets out negotiation schedule. Negotiators include family home providers, child care centers, Head Start/ECEAP providers, families, and DEL licensing staff.
To be determined
To be determined
Public records—Fees
Possible revisions to WAC 170-01-0300
Implementing chapter 304, Laws of 2017 (EHB 1595) requires revisions to DEL's rule that sets out fees associated with producing public records.
WSR 17-16-042
WSR 17-16-034
To be determined
To be determined
DEL's background check rules and director's list
RCW 43.215.060, 43.215.070, chapter 43.215 RCW
Title 170 WAC
and
chapter 170-06 WAC
As a condition for licensure, early learning program providers must undergo a criminal history background check. DEL is reviewing its background check rules, including WAC 170-06-0120, which sets out crimes that would disqualify an individual from providing child care. DEL anticipates rule making to revise chapter 170-06 WAC to ensure compliance with RCW 9.96A.020 while continuing to safeguard the health and safety of children in early learning programs.
None
WSR 16-15-043
To be determined
To be determined
Family, friends and neighbors program
RCW 43.215.060, 43.215.070, chapter 43.215 RCW
Possible revisions to chapters 170-03 and 170-290 WAC
New WAC chapter
To comply with new requirements allowing Washington state to receive federal funding for subsidized child care provided by a family member, friend or neighbor, DEL anticipates engaging in rule making to address program eligibility, background check requirements, health and safety requirements, monitoring and inspection, administrative hearing rights, and other topics to be determined. Revisions to chapter 170-290 WAC may be necessary for consistency.
None
WSR 16-15-052
To be determined
To be determined
Licensed school-age child care standards
Chapter 170-297 WAC
Implementing chapter 231, Laws of 2016, to exempt early learning programs that operate on public or private school premises from regulations governing the physical facility environment. Also aligning school-age program rules with current child care licensing rules, as necessary.
None
WSR 16-15-051
WSR 17-09-048
Hearing held May 24, 2017
To be determined
Working connections and seasonal child care programs' related rule-making authority: RCW 43.215.060 and 43.215.070.
Chapter 170-290 WAC review
Possible revisions to chapter 170-290 WAC
DEL intends to review chapter 170-290 WAC and revise as necessary to improve readability, promote program integrity, and improve program delivery.
None
To be determined
To be determined
To be determined
Implementing SSB 5883 (2017-19 operating budget)
Possible revisions to WAC 170-290-2210
Planned revisions are intended to remove barriers to program participation, promote program integrity and will include, but are not limited to, revising documentation requirements and submission deadlines for program eligibility and income verification, revise priority groups, and standardize authorization amounts for all participants.
None
WSR 17-16-119
To be determined
To be determined
Special needs rates
Possible revisions to WAC 170-290-0220
DEL intends to improve services for families who have a child who qualifies for a special needs rate by removing the requirement for verification at review or provider change once the child's condition has been verified to be life-long and not improving.
None
WSR 16-22-080
WSR 17-15-091
To be determined
Determining units of care
Possible revisions to WAC 170-290-0190
Establish the units of care threshold for an in-home/relative child care provider that requires DSHS supervisor approval.
None
WSR 16-22-080
WSR 17-15-090
To be determined
Internal controls, overpayments, fraud
Possible revisions to chapter 170-290 WAC
Promote program integrity and comply with a state auditor's office corrective action plan by adopting rules to strengthen internal controls and better address overpayments, program violations, and fraud.
None
WSR 17-11-107
To be determined
To be determined
Notes: The DEL semi-annual rule-making agenda is prepared for information purposes only, and future dates or periods noted in this agenda are planning estimates that are subject to change. This agenda does not constitute a rule or rule-making action. Any errors or omissions in this agenda do not affect the actual DEL rules or rule-making notices filed with the office of the code reviser and published in the Washington State Register. 
There may be additional DEL rule making that cannot be forecasted as the department adopts rules to implement new state laws, to meet federal requirements, or to meet unforeseen circumstances. Emergency rules noted, if any, are those in effect at the time this agenda was filed with the code reviser or were the last emergency rules filed prior to this agenda on the particular subject. 
For more information about DEL rule making, or to join a mailing list to receive DEL rule notices and draft materials, please email Rules@del.wa.gov, or write to DEL Rules Coordinator, P.O. Box 40970, Olympia, WA 98504-0970.
CR means "code reviser." The legislature's office of the code reviser creates the rule-making notice forms used and filed by all state agencies.
CR-101 is a preproposal statement of inquiry notice filed under RCW 34.05.310.
CR-102 may be a proposed rule-making notice filed under RCW 34.05.320; a continuance notice under RCW 34.05.325, or a supplemental proposed rule-making notice under RCW 34.05.340. 
CR-103E is an emergency rule-making order filed under RCW 34.05.350.
CR-103P is a permanent rule-making order filed under RCW 34.05.360.
CR-105 is an expedited rule-making notice filed under RCW 34.05.353.
WSR means "Washington State Register." The WSR numbers noted throughout this rules agenda are the official filing numbers assigned by the office of the code reviser and entered on materials filed for legal publication in the state register.
The DEL semi-annual rule-making agenda is prepared for information purposes only, and future dates or periods noted in this agenda are planning estimates that are subject to change. This agenda does not constitute a rule or rule-making action. Any errors or omissions in this agenda do not affect the actual DEL rules or rule-making notices filed with the office of the code reviser and published in the Washington State Register. There may be additional DEL rule making that cannot be forecasted as the department adopts rules to implement new state or federal laws or to meet unforeseen circumstances.