BILL REQ. #:  H-5012.4 

READ FIRST TIME 02/09/10.   

     AN ACT Relating to implementing a program of early learning for educationally at-risk children; amending RCW 28A.150.200 and 43.215.020; adding a new section to chapter 28A.320 RCW; adding a new section to chapter 43.215 RCW; adding a new chapter to Title 28A RCW; creating new sections; repealing RCW 43.215.410 and 43.215.415; and providing effective dates.

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

NEW SECTION.  Sec. 1   The legislature finds that a critical factor in the eventual successful outcome of a K-12 education is for students to begin school ready, both intellectually and socially, to learn. The legislature also finds that, due to a variety of factors, some young children need supplemental instruction in preschool to assure that they have the opportunity to participate meaningfully and reach the necessary levels of achievement in the regular program of basic education. The legislature further finds that children who participate in high quality preschool programs have improved educational and life outcomes and are more likely to graduate from high school and pursue higher education, experience successful employment opportunities, and have increased earnings. Therefore the legislature intends to establish a program of early learning for educationally at-risk children and, beginning September 1, 2011, to include this program within the overall program of basic education under Article IX of the state Constitution.
     The legislature also finds that the state early childhood education and assistance program was established to help children from low-income families be prepared for kindergarten, and that the program has been a successful model for achieving that goal. Therefore, the legislature intends that the first phase of implementing the basic education program of early learning for children who are educationally at risk shall be accomplished by utilizing the program standards and eligibility criteria in the early childhood education and assistance program.

NEW SECTION.  Sec. 2   DEFINITIONS. The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.
     (1) "Community-based early learning providers" includes for-profit and nonprofit licensed providers of child care and preschool programs.
     (2) "Department" means the department of early learning.
     (3) "Director" means the director of the department.
     (4) "Program" means the program of early learning established in section 3 of this act for children who are determined to be educationally at risk pursuant to section 4 of this act.
     (5) "Superintendent" means the superintendent of public instruction.

NEW SECTION.  Sec. 3   PROGRAM STANDARDS. (1) An early learning program is established, beginning September 1, 2011, within the state's overall program of basic education to provide voluntary preschool opportunities for children three and four years of age who are educationally at risk. The program must be a comprehensive program providing early childhood education and family support, options for parental involvement, and health information, screening, and referral services, as family need is determined. Participation in the program is voluntary. On a space available basis, the program may allow enrollment of children who are not otherwise eligible by assessing a fee.
     (2) The first phase of the program shall be implemented by utilizing the program standards and eligibility criteria in the early childhood education and assistance program.
     (3) Subsequent phases of the program including, but not limited to, program standards and eligibility processes, shall be defined by the legislature after receiving the recommendations from the superintendent and the director required in section 10 of this act.
     (4) The superintendent and the director jointly shall adopt rules for the following program components, as appropriate and necessary during the phased implementation of the program:
     (a) A process for conducting individual evaluations to determine program eligibility for children who do not qualify under section 4(1)(c) (i) or (ii) of this act, but who may be at risk of being unprepared for kindergarten for other reasons;
     (b) Minimum program standards, including lead teacher, assistant teacher, and staff qualifications;
     (c) Approval of program providers;
     (d) Accountability and adherence to performance standards; and
     (e) A method for allowing, on a space available basis, enrollment of children who are not otherwise eligible by assessing fees.
     (5) The department has administrative responsibility for:
     (a) Approving and contracting with providers according to rules developed jointly by the superintendent and the director under this section;
     (b) In partnership with school districts, monitoring program quality and assuring the program is responsive to the needs of eligible children;
     (c) Assuring that program providers work cooperatively with school districts to coordinate the transition from preschool to kindergarten so that children and their families are well-prepared and supported; and
     (d) Providing technical assistance to contracted providers.

NEW SECTION.  Sec. 4   ELIGIBILITY. (1)(a) The legislature intends that eligibility for enrollment in the program be based on risk factors which, in the absence of effective intervention, have been identified by research to correlate with an increased probability of poor educational outcomes. The legislature also intends that children who do not qualify on the basis of risk factors, but who are determined to be at risk of being unprepared for kindergarten based on an individual evaluation, will be eligible for the program.
     (b) During the initial phase of implementation, the standards in RCW 43.215.405(3) used for eligibility determinations in the early childhood education and assistance program shall be used to determine eligibility for the program.
     (c) During subsequent phases of implementation, the following criteria shall be used for eligibility determinations:
     (i) The child's household income is at or below one hundred ten percent of the federal poverty level, as published annually by the federal department of health and human services, and the child's circumstances include one or more risk factors to be determined by the legislature after receiving recommendations required in subsection (2)(a) of this section;
     (ii) The child's circumstances include one or more risk factors to be determined by the legislature after receiving recommendations required in subsection (2)(a) of this section; or
     (iii) The child has been determined to be at risk of being unprepared for kindergarten based on an individual evaluation conducted by a school district according to a process approved by the legislature after receiving recommendations required in subsection (2)(b) of this section.
     (d) After the individual evaluation process is approved by the legislature and implemented:
     (i) School districts, in collaboration with approved early learning providers, shall conduct the evaluations to determine a child's eligibility for participation in the program; and
     (ii) A three year old child who is determined eligible on the basis of an individual evaluation may remain in the program for a second year as a four year old.
     (2) The superintendent and the director jointly shall develop recommendations for legislative approval regarding:
     (a) Risk factors demonstrated by research to correlate with an increased probability of poor educational outcomes which could be used to determine program eligibility following the initial phase of program implementation including, but not limited to:
     (i) The child has limited English proficiency; and
     (ii) The child's family is receiving child welfare services under chapter 13.34 RCW;
     (b) An evaluation process for use in eligibility determinations for children who are not eligible under subsection (1)(c)(i) or (ii) of this section, but who may be at risk of being unprepared for kindergarten for other reasons. The evaluation process must be aligned with the state's early learning benchmarks and the kindergarten assessment described in section 616, chapter 564, Laws of 2009; and
     (c) A schedule for implementing the individual evaluation process throughout the state, including training for school district personnel and approved early learning providers.
     (3) The superintendent and the director shall report the recommendations required under subsection (2) of this section to the appropriate committees of the legislature not later than November 15, 2010.

NEW SECTION.  Sec. 5   FUNDING AND STATEWIDE IMPLEMENTATION. (1) Funding for the program of early learning established under this chapter must be appropriated to the superintendent. Allocations must be made on the basis of eligible children enrolled with eligible providers.
     (2) The program shall be implemented in phases, with the intent that full implementation be achieved in the 2017-18 school year.
     (3) For the initial phase of the early learning program in school years 2011-12 and 2012-13, funding shall consist of appropriation to the superintendent of amounts that would otherwise have been appropriated for the early childhood education and assistance program formerly implemented by the department. The legislature shall appropriate funding to the superintendent for implementation of the early learning program at a level not less than the 2009-2011 budget for the early childhood education and assistance program.
     (4) Beginning in the 2013-14 school year, additional funding for the program must be phased in beginning in school districts having the highest poverty levels, defined as those school districts with the highest percentages of enrolled students qualifying for free and reduced price lunch support in the prior school year.
     (5) Funding shall continue to be phased in incrementally each year until full statewide implementation of the early learning program is achieved in the 2017-18 school year.
     (6) School districts and approved community-based early learning providers may contract with the department to provide services under the program. The department shall collaborate with school districts, community-based providers, and educational service districts to promote an adequate supply of approved providers. A school district may not be required to contract for the provision of services under the program unless no approved community-based provider is available within the district to provide services.

NEW SECTION.  Sec. 6   A new section is added to chapter 28A.320 RCW to read as follows:
     (1) For the program of early learning established in section 3 of this act, school districts:
     (a) Shall work cooperatively with program providers to coordinate the transition from preschool to kindergarten so that children and their families are well-prepared and supported;
     (b) Shall, in collaboration with providers approved by the department of early learning, conduct individual evaluations to determine program eligibility for children who do not qualify under section 4(1)(c) (i) or (ii) of this act but who may be at risk of being unprepared for kindergarten for other reasons; and
     (c) May contract with the department of early learning to deliver services under the program.
     (2) If, however, at the time the program of early learning established in section 3 of this act is phased into a school district, no approved provider is available within the school district to contract for delivery of services under the program, the school district is required to contract with the department of early learning to deliver the program to eligible children.

NEW SECTION.  Sec. 7   A new section is added to chapter 43.215 RCW to read as follows:
     (1) The superintendent of public instruction and the director of the department jointly shall adopt rules for the following program components, as appropriate and necessary during the phased implementation of the program:
     (a) Individual evaluations to determine program eligibility for children not eligible under section 4(1)(c) (i) or (ii) of this act;
     (b) Minimum program standards, including instructor and staff qualifications;
     (c) Approval of program providers; and
     (d) Accountability and adherence to performance standards.
     (2) The department shall have administrative responsibility for:
     (a) Approving and contracting with providers according to rules developed jointly by the superintendent of public instruction and the director under this section;
     (b) In partnership with school districts, monitoring program quality and assuring the program is responsive to the needs of eligible children; and
     (c) Providing technical assistance to contracted providers.

Sec. 8   RCW 28A.150.200 and 2009 c 548 s 101 are each amended to read as follows:
     (1) The program of basic education established under this chapter is deemed by the legislature to comply with the requirements of Article IX, section 1 of the state Constitution, which states that "It is the paramount duty of the state to make ample provision for the education of all children residing within its borders, without distinction or preference on account of race, color, caste, or sex," and is adopted pursuant to Article IX, section 2 of the state Constitution, which states that "The legislature shall provide for a general and uniform system of public schools."
     (2) The legislature defines the program of basic education under this chapter as that which is necessary to provide the opportunity to develop the knowledge and skills necessary to meet the state-established high school graduation requirements that are intended to allow students to have the opportunity to graduate with a meaningful diploma that prepares them for postsecondary education, gainful employment, and citizenship. Basic education by necessity is an evolving program of instruction intended to reflect the changing educational opportunities that are needed to equip students for their role as productive citizens and includes the following:
     (a) The instructional program of basic education the minimum components of which are described in RCW 28A.150.220;
     (b) The program of education provided by chapter 28A.190 RCW for students in residential schools as defined by RCW 28A.190.020 and for juveniles in detention facilities as identified by RCW 28A.190.010;
     (c) The program of education provided by chapter 28A.193 RCW for individuals under the age of eighteen who are incarcerated in adult correctional facilities; ((and))
     (d) Transportation and transportation services to and from school for eligible students as provided under RCW 28A.160.150 through 28A.160.180; and
     (e) The program of early learning established in section 3 of this act.

Sec. 9   RCW 43.215.020 and 2007 c 394 s 5 are each amended to read as follows:
     (1) The department of early learning is created as an executive branch agency. The department is vested with all powers and duties transferred to it under this chapter and such other powers and duties as may be authorized by law.
     (2) The primary duties of the department are to implement state early learning policy and to coordinate, consolidate, and integrate child care and early learning programs in order to administer programs and funding as efficiently as possible. The department's duties include, but are not limited to, the following:
     (a) To support both public and private sectors toward a comprehensive and collaborative system of early learning that serves parents, children, and providers and to encourage best practices in child care and early learning programs;
     (b) To make early learning resources available to parents and caregivers;
     (c) To carry out activities, including providing clear and easily accessible information about quality and improving the quality of early learning opportunities for young children, in cooperation with the nongovernmental private-public partnership;
     (d) To administer child care and early learning programs;
     (e) To standardize internal financial audits, oversight visits, performance benchmarks, and licensing criteria, so that programs can function in an integrated fashion;
     (f) To support the implementation of the nongovernmental private-public partnership and cooperate with that partnership in pursuing its goals including providing data and support necessary for the successful work of the partnership;
     (g) To work cooperatively and in coordination with the early learning council;
     (h) To collaborate with the K-12 school system at the state and local levels to ensure appropriate connections and smooth transitions between early learning and K-12 programs; ((and))
     (i) To develop and adopt rules, jointly with the superintendent of public instruction, for administration of the program of early learning established in section 3 of this act; and
     (j) Upon the development of an early learning information system, to make available to parents timely inspection and licensing action information through the internet and other means.
     (3) The department's programs shall be designed in a way that respects and preserves the ability of parents and legal guardians to direct the education, development, and upbringing of their children. The department shall include parents and legal guardians in the development of policies and program decisions affecting their children.

NEW SECTION.  Sec. 10   REPORT AND RECOMMENDATIONS. (1) The superintendent of public instruction and the director of the department of early learning shall develop recommendations, including proposed legislation as appropriate and necessary, to achieve statewide implementation of the basic education program of early learning for children three and four years of age who are educationally at risk. The superintendent and the director shall report to the appropriate committees of the legislature by January 1, 2011:
     (a) Program standards for a developmentally appropriate curriculum to include:
     (i) Physical well-being, health, and motor development;
     (ii) Social and emotional development;
     (iii) Cognition and general knowledge;
     (iv) Language, literacy, numeracy, and communication.
     (b) Service standards for family support and health-related services to include:
     (i) Working with parents to access appropriate medical, dental, and other health screenings for children;
     (ii) Providing opportunities for parental involvement, education, and leadership development; and
     (iii) Family contact designed to assist the child's family in:
     (A) Assessing family strengths and needs;
     (B) Setting family goals and reviewing progress;
     (C) Accessing community resources; and
     (D) Coordinating transitions between the program, child care, home, and kindergarten.
     (c) A plan for providing technical assistance necessary to support providers delivering services in early childhood education and assistance programs and head start programs in becoming approved providers of the program.
     (d) A strategy to optimize phased implementation of the program on a schedule substantially similar to the implementation of full day kindergarten after a review of the locations where early childhood education and assistance programs are operating.
     (e) The need for transportation services for the program based on an analysis of the transportation services and arrangements being utilized in early childhood education and assistance programs and the need to address future transportation services during subsequent phases of implementation.
     (f) Options for developing socioeconomically diverse, mixed classrooms.
     (2) The superintendent of public instruction, the director of the department of early learning, and the director of the office of financial management, or their respective designees, shall report to the appropriate committees of the legislature by November 15, 2010, with recommendations for a budgeting and funding allocation method for the program based on enrolled eligible students. Recommendations must include a proposed schedule of implementation consistent with section 5 (2) and (3) of this act.

NEW SECTION.  Sec. 11   Sections 2 through 5 and 13 of this act constitute a new chapter in Title 28A RCW.

NEW SECTION.  Sec. 12   Section 8 of this act takes effect September 1, 2011.

NEW SECTION.  Sec. 13   The following acts or parts of acts, as now existing or hereafter amended, are each repealed, effective September 1, 2011:
     (1) RCW 43.215.410 (Early childhood education and assistance program -- Admission and funding) and 2006 c 265 s 211, 1994 c 166 s 4, 1988 c 174 s 3, & 1985 c 418 s 3; and
     (2) RCW 43.215.415 (Early childhood education and assistance program -- Eligible providers -- State-funded support -- Requirements) and 1994 c 166 s 5, 1988 c 174 s 4, & 1985 c 418 s 4.

NEW SECTION.  Sec. 14   This act may be known as the ready for school act of 2010.