AN ACT Relating to child care programs; adding new sections to chapter 28A.34 RCW; and repealing RCW 28A.34.010, 28A.34.020, 28A.34.040, and 28A.34.050.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

NEW SECTION. Sec. 1. In order to help meet the rapidly growing need for child care and in order to utilize all available resources, it is the policy of the state of Washington to permit the use of public school facilities for the provision of child care. Child care programs provided under this chapter at the discretion of school districts are optional programs which do not fall within the state's educational duties established by Article IX of the state Constitution.

NEW SECTION. Sec. 2. Unless the context clearly requires otherwise, the definition in this section applies throughout this chapter.

"Child care program" means the nonresidential care and supervision of minors before, during, and after school hours, and during nonschool days and may include planned educational activities with an emphasis upon developmental skills. However, such program shall not include the care and supervision, during school hours, of students enrolled in the common school program.

NEW SECTION. Sec. 3. School districts may establish, maintain, and operate child care programs using school facilities, local resources including child care program revenues, gifts and grants, and special tax levy revenues, and any state funds as may be appropriated by the legislature for the purpose of child care programs.

School districts establishing a child care program after the effective date of this act shall conduct a study designed to assess the need for and the availability of both public and private child care services within the school district's jurisdiction before establishing a child care program.

NEW SECTION. Sec. 4. For the child care program under section 3 of this act, the board of directors of a school district may:

(1) Fix reasonable charges for the maintenance and operation of child care programs and may fix the charges either at a uniform rate or at a variable rate based on the ability of the parents of the children enrolled in the programs to pay the charges;

(2) Contract with private entities or public agencies under chapter 39.34 RCW or with both and employ necessary personnel for all or part of the management and operation of child care programs. When a school district board of directors chooses to contract with other private or public agencies pursuant to this section, the child care programs so established shall be located at such points as the board of directors deems suitable for the convenience of the public;

(3) Remodel, renovate, otherwise improve, and maintain school facilities for the purposes of child care programs and no state school construction funds may be used for the construction of child care facilities;

(4) Transport minors enrolled in child care programs to and from program sites using district-owned transportation vehicles or may contract for transportation services, or both;

(5) Supplement fee revenues, gifts and grants, and any earmarked state appropriated funds with special tax levy revenues to the extent approved by the electorate of the school district and necessary to meet the full direct and indirect costs of child care programs;

(6) May receive such gifts, grants, and endowments from public or private sources as may be made from time to time, in trust or otherwise, for the use and benefit of the purposes of the child care programs and expend the same or any income therefrom according to the terms of the gifts, grants, or endowments; and

(7) Otherwise perform and provide for such other functions and activities as are necessary and incidental to the maintenance and operation of safe, healthful, efficient, and prudently managed child care and preschool programs.

NEW SECTION. Sec. 5. Child care programs provided for by school districts under this chapter shall comply with personnel, facility, program, health, and safety requirements established by the department of social and health services under chapter 74.15 RCW and the rules adopted under chapter 74.15 RCW.

NEW SECTION. Sec. 6. The following acts or parts of acts are each repealed:

(1) Section 28A.34.010, chapter 223, Laws of 1969 ex. sess. and RCW 28A.34.010;

(2) Section 28A.34.020, chapter 223, Laws of 1969 ex. sess. and RCW 28A.34.020;

(3) Section 28A.34.040, chapter 223, Laws of 1969 ex. sess. and RCW 28A.34.040; and

(4) Section 28A.34.050, chapter 223, Laws of 1969 ex. sess., section 45, chapter 154, Laws of 1973 1st ex. sess. and RCW 28A.34.050.

NEW SECTION. Sec. 7. Sections 1 through 5 of this act are each added to chapter 28A.34 RCW.