CHILDREN, YOUTH, AND FAMILIES

[Filed November 6, 2018, 2:56 p.m.]

Preproposal statement of inquiry was filed as WSR 18-15-089.

Title of Rule and Other Identifying Information: WAC 110-425-0010 Authority, 110-425-0030 Definitions, 110-425-0040 Process for allocating or awarding funds, 110-425-0050 Use of funds, 110-425-0060 Comprehensive service delivery, 110-425-0070 Nondiscrimination, 110-425-0080 Eligibility for Services, and 110-425-0090 Staff qualifications.

Hearing Location(s): On December 12, 2018, at 1:00 p.m., at 1110 Jefferson Street S.E., Cascade Conference Room, Olympia, WA.

Date of Intended Adoption: December 21, 2018.

Submit Written Comments to: Rules Coordinator, P.O. Box 40975, email dcyf.rulescoordinator@dcyf.wa.gov, fax 360-902-7903, https://del.wa.gov/PolicyProposalComment/Detail.aspx, by December 12, 2018.

Assistance for Persons with Disabilities: Contact rules coordinator, phone 360-902-7956, fax 360-902-7903, email dcyf.rulescoordinator@dcyf.wa.gov, by December 7, 2018.

Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: The early childhood education and assistance program (ECEAP) is a state-funded, voluntary preschool program that serves eligible children ages three and four. An eligible child is a child not eligible for kindergarten and whose family is at or below one hundred ten percent of the federal poverty level or is eligible for special education. Other children may be eligible under rules adopted by the department of children, youth, and families (DCYF). Chapter 155, Laws of 2018, codified at RCW 43.216.512, expanded access to the ECEAP program for other children eligible under DCYF rules from ten percent to twenty-five percent of all children participating in ECEAP. The proposed rules implement the expansion by making eligible for ECEAP children whose family income is above one hundred ten percent of the federal poverty level and who are homeless or impacted by specific developmental or environmental risk factors that are linked by research to school performance. The proposed rules prioritize children for enrollment in ECEAP who are below the income threshold or eligible for special education. The proposed rules also include nonsubstantive amendments necessary following the decodification of Title 170 WAC and recodification to Title 110 WAC.

Reasons Supporting Proposal: Currently, all income-eligible children and children eligible for special education who choose to participate are enrolled in ECEAP. There are over three hundred additional slots to be filled statewide and the proposed rules increase the number of children who may apply and be approved to participate in ECEAP.

Research shows that ECEAP positively influences all areas of a child's development. The long-term benefits realized from children's participation in ECEAP and similar programs include reduced taxpayer costs for grade retention and special education, higher graduation rates, increased number of high school graduates adequately prepared for the work force, and decreased criminal justice and incarceration rates.

Statutory Authority for Adoption: RCW 43.216.065, 43.216.512, and 43.216.525.

Statute Being Implemented: RCW 43.216.512.

Rule is not necessitated by federal law, federal or state court decision.

Name of Proponent: DCYF, governmental.

Name of Agency Personnel Responsible for Drafting: Kelcy Schaffer, DCYF, Olympia, Washington, 360-407-3663; Implementation and Enforcement: DCYF, statewide.

A school district fiscal impact statement is not required under RCW 28A.305.135.

A cost-benefit analysis is not required under RCW 34.05.328. DCYF is not among the agencies required to comply with RCW 34.05.328 (5)[(a)](i). Further, DCYF does not voluntarily make that section applicable to the adoption of this rule.

This rule proposal, or portions of the proposal, is exempt from requirements of the Regulatory Fairness Act because the proposal:

Is exempt under RCW 19.85.025(3) as the rule content is explicitly and specifically dictated by statute.

Rules and Policies Administrator

AMENDATORY SECTION(Amending WSR 18-14-078, filed 6/29/18, effective 7/1/18)

WAC 110-425-0010Authority.

These rules are adopted under the authority of ((chapter 28A.215)) RCW 43.216.525.

AMENDATORY SECTION(Amending WSR 18-14-078, filed 6/29/18, effective 7/1/18)

WAC 110-425-0030Definitions.

(1) "Contractor" means a public or private organization that contracts with the department of ((early learning))children, youth, and families to provide local ((early childhood education and assistance))ECEAP services.

(2) "Department" means the department of ((early learning))children, youth, and families.

(3) (("Director" means the director of the department of early learning.))"ECEAP" means the early childhood education and assistance program.

(4) "Eligible organization" means public or private organizations including, but not limited to, school districts, educational service districts, community and technical colleges, local governments, nonprofit organizations, and for-profit organizations provided that their proposed ((early childhood education and assistance program))ECEAP is free from religious instruction, activities, or symbolism.

(5) "Performance standards" means the most current release of the ECEAP performance standards as incorporated into the ECEAP contract.

AMENDATORY SECTION(Amending WSR 18-14-078, filed 6/29/18, effective 7/1/18)

WAC 110-425-0040Process for allocating or awarding funds.

(1) Eligible organizations may apply to become contractors for ((the early childhood education and assistance program))ECEAP.

(2) Funds shall be awarded on a competitive basis to new contractors or allocated by the department for renewal contracts, consistent with the amount allocated by the legislature.

(3) An applicant must use the application procedures established by the department.

(4) Successful applicants will be awarded a contract with the department. This contract must be signed by an official with authority to bind the recipient.

AMENDATORY SECTION(Amending WSR 18-14-078, filed 6/29/18, effective 7/1/18)

WAC 110-425-0050Use of funds.

(1) Contracting agencies must provide comprehensive early education and family support services free of charge to enrolled families.

(2) ((Early childhood education and assistance program funds must))ECEAP funds may be used as dollars of last resort for medical, dental, nutrition, and mental health services.

(3) Administrative costs funded under this program are limited to fifteen percent of the total award.

AMENDATORY SECTION(Amending WSR 18-14-078, filed 6/29/18, effective 7/1/18)

WAC 110-425-0060Comprehensive service delivery.

(1) Contractors must ((conduct a community assessment, and must)) plan and deliver the following comprehensive services to enrolled children and their families:

(a) Early childhood education;

(b) Family support, using the mobility mentoring approach to help families overcome the extreme stresses of poverty by improving focus, planning, and decision making;

(c) Parent involvement including options for participation in their child's classroom, program policy decisions, service delivery system development, and parent education and training; and

(d) Health screening, information, and referral, including medical, dental, nutrition, and mental health.

(2) Contractors must comply with the early childhood education and assistance program contract, performance standards, and policy memos in the delivery of all services.

(3) Contractors may request exceptions to rules, performance standards, or policies. Contractors must receive written approval from the department before implementing exceptions.

AMENDATORY SECTION(Amending WSR 18-14-078, filed 6/29/18, effective 7/1/18)

WAC 110-425-0070Nondiscrimination.

Contractors must not deny service to, or discriminate against, any person who meets the eligibility criteria for the ((early childhood education and assistance program))ECEAP on the basis of sex, gender identity, race, ethnicity, color, religion, age, national origin, citizenship, ancestry, physical or mental disability, family configuration, sexual orientation, culture, or public assistance recipient status.

AMENDATORY SECTION(Amending WSR 18-14-078, filed 6/29/18, effective 7/1/18)

WAC 110-425-0090Staff qualifications.

(1) Contractors must provide adequate staff to comply with all ECEAP performance standards.

(2) Contractors must require their staff and other persons associated with the contractor that are considered to be a "subject individual" as defined in WAC ((170-06-0020))110-06-0020, and who may have unsupervised access to children, to obtain a fingerprint background check in compliance with the requirements of RCW ((43.215.215, 43.215.425))43.216.270, 43.216.525 and chapter ((170-06))110-06 WAC.

(3) All persons serving in the role of ECEAP lead teacher must meet one of the following qualifications:

(a) An associate or higher degree with the equivalent of thirty college quarter credits ((of))in early childhood education. These thirty credits may be included in the degree or in addition to the degree; or

(b) A valid Washington state teaching certificate with an endorsement in early childhood education (pre-K - grade 3) or early childhood special education.

(4) All persons serving in the role of ECEAP assistant teacher must meet one of the following qualifications:

(a) Employment as an ((early childhood education and assistance program))ECEAP assistant teacher in the same agency before July 1, 1999;

(b) The equivalent of twelve college quarter credits in early childhood education;

(d) A current Child Development Associate (CDA) credential awarded by the Council for Early Childhood Professional Recognition.

(5) All persons serving in the role of ECEAP family support staff must meet one of the following qualifications:

(a) Employment as an ((early childhood education and assistance program))ECEAP family support staff in the same agency before July 1, 1999;

(b) An associate's or higher degree with the equivalent of thirty college quarter credits ((of))in adult education, human development, human services, family support, social work, early childhood education, child development, psychology, or another field directly related to their job responsibilities. These thirty credits may be included in the degree or in addition to the degree; ((or

(c) A current home visitor child development associate (CDA) credential from the council for professional recognition; or

(d) A department-approved credential from a comprehensive and competency-based program that increases knowledge and skills in providing direct family support services to families.

(6) All persons serving in the role of ECEAP health advocate must meet one of the following qualifications:

(a) Employment as an ((early childhood education and assistance program))ECEAP family support aide or health aide in the same agency before July 1, 2014; or

(b) The equivalent of twelve college quarter credits in family support, public health, health education, nursing, or another field directly related to their job responsibilities.

(7) The ((early childhood education and assistance program))ECEAP health consultant must meet one of the following qualifications:

(a) Licensed in Washington state as a registered nurse (R.N.) or physician (M.D., N.D., D.O.); or

(b) A bachelor's or higher degree in public health, nursing, health education, health sciences, medicine, or related field.

(8) The ((early childhood education and assistance program))ECEAP nutrition consultant must meet one of the following qualifications:

(a) Registered dietitian (RD) credentialed through the Commission on Dietetic Registration (CDR), the credentialing agency for the Academy of Nutrition and Dietetics (formerly the American Dietetic Association); or

(b) Washington state certified nutritionist under chapter 18.138 RCW.

(9) The ((early childhood education and assistance program))ECEAP mental health consultant must meet one of the following qualifications:

(a) Licensed by the Washington state department of health as a mental health counselor, marriage and family therapist, social worker, psychologist, psychiatrist, or psychiatric nurse;

(b) Approved by the Washington state department of health as an agency affiliated or certified counselor, with a master's degree in counseling, social work or related field; or

(c) Credentialed by the Washington state office of the superintendent of public instruction as a school counselor, social worker, or psychologist.

(10) The ECEAP coach must meet all of the following qualifications:

(a) Bachelor's degree in early childhood or related field or a bachelor's degree with the equivalent of thirty college quarter credits in early childhood education. These thirty credits may be included in the degree or in addition to the degree;

(b) A minimum of two years working with young children in a group setting; and

(11) Contractors must hire and employ staff who meet the qualifications for their position.

(a) If the best candidate for the position is not fully qualified, the contractor must ensure the newly hired staff person is on a professional development plan (PDP) to fully meet the qualifications of their role within five years from the date of hire.

(b) Contractors must monitor progress on all PDPs and ensure staff make adequate yearly progress to meet the required qualifications.

(((11)))(12) Equivalent degrees and certificates from other states and countries are accepted for ECEAP staff qualifications.

AMENDATORY SECTION(Amending WSR 18-14-078, filed 6/29/18, effective 7/1/18)

WAC 110-425-0080Eligibility for services.

(1) ((Children are eligible for ECEAP if they are))A child is eligible for ECEAP if the child is at least three years old((, but not yet five years old,)) by August 31st of the school year, is not age-eligible for kindergarten, and ((one of the following))is:

(a) ((Returning to the same ECEAP contractor from the previous school year.

(b))) Qualified by ((their))a school district for special education services under RCW 28A.155.020. All children on a school district individualized education program (IEP) meet this requirement((.

(c) Receiving child protective services under RCW 26.44.020(3) or family assessment response services under RCW 26.44.260.

(d)));

(b) From a family with income at or below one hundred ten percent of the federal poverty guidelines established by the U.S. Department of Health and Human Services((.

(e))); or

(c) From a family with income that exceeds one hundred ten percent federal poverty level ((and))("over-income") and is homeless or is impacted by specific ((developmental or environmental)) risk factors identified by the department that are linked by research to school performance.

(((f) Ninety percent of enrolled families statewide must qualify by income or IEP. DEL establishes over-income limits for each contractor annually.

(2) Children who are eligible for ECEAP are not automatically enrolled in ECEAP. They must still be prioritized.))

(2) Contractors may provide ECEAP services to over-income children without IEPs as follows:

(a) Contractors must actively recruit and enroll income-eligible children within their service area.

(b) Contractors may enroll over-income children without IEPs up to the initial over-income limit assigned by the department to each contractor annually.

(i) This limit is based on contractor size; contractors with fewer funded ECEAP slots are allowed higher over-income percentages to provide flexibility to fill classes in rural areas.

(ii) For sites operated by tribes or tribal organizations, the department will set initial over-income limits at twenty-five percent.

(iii) The department may adjust limits midyear if slots are moved between contractors.

(c) Contractors may apply for additional over-income slots for the current year using the application provided by the department if:

(i) The contractor has enrolled all assigned over-income slots;

(ii) Additional funded slots are available; and

(iii) Efforts to recruit income-eligible children within the contractor's service area have been exhausted.

(d) The department will consider the following factors when reviewing applications for additional over-income slots:

(i) The statewide number of enrolled over-income children without IEPs must not equal more than twenty-five percent of the total funded ECEAP slots;

(ii) The similarity of the income levels, risk factors, and priority points of the children described in the applications and other ECEAP children enrolled in over-income slots;

(iii) The statewide plan to serve all income-eligible children from families who choose to participate;

(iv) The requesting contractor's need to fill slots to fully enroll a class to ensure access to services for income-eligible children; and

(v) The presence of unserved, income-eligible children in other locations in the state.

(3) Eligible, enrolled children are allowed to remain in ECEAP until kindergarten, without reverification of income or risk factors. However, returning children may be reprioritized against new children when enrollment slots are limited.

(4) Children ((may not be simultaneously))are not eligible for ECEAP if they are enrolled in ((both ECEAP and)) Head Start, however Head Start duration funds may be used to increase the length of the ECEAP preschool day when federal funds are provided to a contractor specifically for this purpose.

(5) Children served by school district special education may be simultaneously enrolled in ECEAP.

(6) ((Contractors must systematically review all applications of eligible children and prioritize them to determine which children to enroll in the available ECEAP slots. Contractors must prioritize children who are:

(a) Four years old by August 31st of the school year.

(b) From families at the lowest federal poverty levels, as published annually by the U.S. Department of Health and Human Services.

(d) Receiving child protective services under RCW 26.44.020(3) or family assessment response services under RCW 26.44.260.

(e) From families with multiple needs.

(7) Contractors must use either the standard or customized priority point system built into the early learning management system (ELMS). Contractors may customize the environmental risk factor section of the priority points built into ELMS to best meet the needs of families in their community.))Once contractors have established a pool of eligible children, contractors must prioritize the eligible children for available ECEAP slots using the department priority point system which is based on:

(a) Department review of research linking risk factors to school performance;

(b) Child age, with priority for children who are within one year of kindergarten age; and

(c) State law requiring ECEAP priority for children in foster care, in the child welfare system, homeless, in families with the lowest income, or in families with multiple risk factors.