AN ACT Relating to school-age child care; amending RCW 28A.34.050 and 74.15.090; adding a new chapter to Title 74 RCW; creating new sections; and making an appropriation.

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

NEW SECTION. Sec. 1. The legislature finds that there is a severe shortage of child care for school-age children and that providing school-age child care is paramount to the successful functioning and future of this state.

PART I

LICENSING

NEW SECTION. Sec. 2. Each of the programs established under sections 3 through 15 of this act shall be licensed by the department of social and health services under the rules governing school-age child care licensing. In developing the licensing rules, the department shall take into consideration that the children served by school-age child care programs are older and more mature than those children served in preschool day care programs. Licensing rules developed by the department under this chapter shall apply to all child care programs which serve exclusively school-age children.

PART II

PILOT PROJECTS

NEW SECTION. Sec. 3. The purpose of sections 3 through 12 of this act is to promote the delivery of child care to school-age children through the establishment of pilot projects in four school districts under the supervision of the superintendent of public instruction and the department of social and health services. The department of social and health services shall administer a program to establish the pilot projects in two school buildings in western Washington and in two school buildings in eastern Washington in cooperation with the local school districts. Of the two projects established in western Washington, one shall be in an urban area and one shall be in a rural area. Of the two projects established in eastern Washington, one shall be in a rural area and one shall be in an urban area. The department shall solicit proposals from local school districts and child care providers for the provision of care for school-age children in school facilities. The department shall select four sites that meet the needs of the child care provider and the local school district in accordance with this chapter. For the purposes of this chapter, the department of social and health services shall develop and coordinate resources, provide technical assistance, and monitor program implementation, compliance, and quality. Except as otherwise provided in RCW 74.15.090, the department of social and health services may adopt rules, guidelines, and administrative directives necessary for the efficient implementation of this act under chapter 34.04 RCW.

NEW SECTION. Sec. 4. Local school districts selected by the department shall enter into local contractual agreements with child care providers jointly chosen by the local school district and the department for the delivery of school-age child care services.

NEW SECTION. Sec. 5. The department of social and health services shall develop standards for use by programs receiving state subsidization for the implementation of cost-effective quality school-age child care programs, the cost of which shall be competitive with local private market rates. Indicators of quality may include, but not be limited to, any of the following:

(1) A physical environment that is safe and appropriate to the ages of the children and which meets the applicable licensing standards created in accordance with section 1 of this act.

(2) Program activities that are developmentally appropriate.

(3) Efficient and effective local program administration.

(4) Staff that possesses appropriate and required qualifications or experience, or both.

NEW SECTION. Sec. 6. Any local child care provider submitting an application for funding for a program to provide school-age child care services pursuant to sections 3 through 12 of this act shall notify the school districts serving the area in which the provider is located of its intent to apply for funding.

NEW SECTION. Sec. 7. Enrollment in programs funded pursuant to section 10 of this act shall be pursuant to the following guidelines:

(1) To the extent possible, and within the parameters contained in sections 3 through 12 of this act, programs should serve a mix of children which reflects substantially the varying socioeconomic, racial, and ethnic backgrounds of the school district in which the agency is located, and a mix of subsidized and nonsubsidized children.

(2) In order for school-age child care programs to receive funding, pursuant to sections 3 through 12 of this act, for a child served, the child's family shall meet at least one requirement in each of the following areas:

(a) A family shall be identified by a legal, medical, or social service agency as meeting one of the following criteria:

(i) A recipient of benefits under the aid to families with dependent children program, the federal supplemental security income program, or a general assistance program.

(ii) One whose children are recipients of protective services, or whose children have been identified as being abused, neglected, or exploited, or at risk of being abused, neglected, or exploited.

(b) Both of the child's parents shall meet one of the following criteria:

(i) The parents are engaged in vocational training leading directly to a recognized trade, paraprofession, or profession.

(ii) The parents are employed.

(iii) The parents are incapacitated, including a medical or psychiatric need which cannot be met without the provision of school age child care.

(3) The department of social and health services shall establish guidelines according to which the head teacher or a duly authorized representative of the school age child care program shall certify children as eligible for state reimbursement pursuant to sections 3 through 12 of this act.

NEW SECTION. Sec. 8. The cost per child served by a contracting child care provider operating a program pursuant to sections 3 through 12 of this act shall be equivalent to the fee paid by the families of nonsubsidized children for the same service offered by the contracting local child care provider.

NEW SECTION. Sec. 9. The department of social and health services shall implement a plan which establishes reasonable and cost-effective reimbursement rates and payment standards to local school facilities.

NEW SECTION. Sec. 10. For each program approved for funding pursuant to sections 3 through 12 of this act, the department of social and health services shall subsidize no more than fifty percent of the reimbursable program costs or fifty percent of program earnings, whichever is less. Nothing in this chapter may be construed to permit the use of any state funding to provide school age child care services for families who do not meet the eligibility criteria set forth in section 7 of this act.

NEW SECTION. Sec. 11. An applicant child care provider may request a waiver of section 10 of this act. The department of social and health services may waive the conditions in section 10 of this act only when compliance cannot be achieved because of a scarcity of families who do not meet the requirements for subsidization specified in section 7 of this act.

The cost of any program granted a waiver shall not exceed the average cost of those programs funded pursuant to sections 3 through 12 of this act without a waiver.

NEW SECTION. Sec. 12. In order to maximize program flexibility and cost-effectiveness and to foster innovation and creativity, the department of social and health services may exempt from any administrative requirements established under sections 3 through 12 of this act any programs that are recreational in nature and contain no instructional components.

PART III

SEPARATELY FUNDED PROGRAMS

NEW SECTION. Sec. 13. Child care providers which do not receive any state funding pursuant to sections 3 through 12 of this act shall operate under the school-age child care licensing rules adopted by the department if the providers serve school-age children exclusively.

NEW SECTION. Sec. 14. School-age child care providers not receiving state funding pursuant to sections 3 through 12 of this act shall not be required to provide such care in school facilities exclusively. The facility chosen by the provider shall first be approved by the department in accordance with the rules governing school-age child care licensing.

NEW SECTION. Sec. 15. The department of social and health services shall submit a written report to the legislature by January 1, 1989, documenting the department's progress in implementing this act. The report shall include the number of children by age or grade level served in programs funded under this act, and any problems with the implementation of this act.

Sec. 16. Section 28A.34.050, chapter 223, Laws of 1969 ex. sess. as amended by section 45, chapter 154, Laws of 1973 1st ex. sess. and RCW 28A.34.050 are each amended to read as follows:

Every board of directors shall have power to establish, equip and maintain nursery schools and/or provide before-and-after-school care for children ((~~of working parents~~)), in cooperation with the federal government or any of its agencies, or any state or local agency, when in their judgment the best interests of their district will be subserved thereby.

Sec. 17. Section 9, chapter 172, Laws of 1967 as last amended by section 14, chapter 170, Laws of 1987 and RCW 74.15.090 are each amended to read as follows:

(1) Except as provided in RCW 74.15.190, it shall hereafter be unlawful for any agency to receive children, expectant mothers or developmentally disabled persons for supervision or care, or arrange for the placement of such persons, unless such agency is licensed as provided in chapter 74.15 RCW.

(2) The department of social and health services shall, in consultation with the office of the superintendent of public instruction, adopt rules governing school-age child care program licensing for use in programs established under chapter 74.-- RCW (sections 1 through 14 of this 1988 act.)

NEW SECTION. Sec. 18. The sum of one hundred thousand dollars, or so much thereof as may be necessary, is appropriated from the general fund for the biennium ending June 30, 1989, to the department of social and health services to establish and administer the four pilot projects established under this act. Only .......... percent of the appropriation shall be used by the department of social and health services for the costs of administering these pilot projects.

NEW SECTION. Sec. 19. Sections 1 through 14 of this act shall constitute a new chapter in Title 74 RCW.

NEW SECTION. Sec. 20. Part headings as used in this act constitute no part of the law.