BILL REQ. #:  H-4187.2 

Read first time 01/12/10.   Referred to Committee on Early Learning & Children's Services.

     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; and providing an effective date.

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 meaningfully participate and reach the necessary levels of achievement in the regular program of basic education. The legislature finds further that educationally at-risk children who participate in high quality preschool programs have improved school 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.

NEW SECTION.  Sec. 2   DEFINITIONS. The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.
     (1) "Department" means the department of early learning.
     (2) "Director" means the director of the department.
     (3) "Program" means the program of early learning for educationally at-risk children established in section 3 of this act.
     (4) "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 definition of basic education to provide voluntary preschool opportunities for educationally at-risk children who are three and four years of age. The program must be a comprehensive program providing early childhood education, family support, options for parental involvement, and health information, screening, and referral services. Participation in the program is voluntary.
     (2) Instruction must be offered in class sizes not to exceed seventeen children and must be delivered by lead and assistant teachers who meet qualifications established for early childhood educators by the superintendent and the director under section 8 of this act.
     (3) Early childhood education services under the program must include:
     (a) A minimum of five hundred sixty hours per school year of direct early childhood education delivered over the course of a minimum of thirty-two weeks of scheduled classes; and
     (b) Developmentally appropriate instruction through a planned curriculum addressing:
     (i) Physical well-being, health, and motor development;
     (ii) Social and emotional development;
     (iii) Cognition and general knowledge;
     (iv) Language, literacy, and communication.
     (4) Family support and health-related services must include:
     (a) Working with parents to access appropriate medical, dental, and other health screenings for children;
     (b) Providing opportunities for parental involvement, education, and leadership development; and
     (c) A minimum of three hours of family support contact per year with each child's parent or guardian. Contact must be designed to assist the child's family in:
     (i) Assessing family strengths and needs;
     (ii) Setting family goals and reviewing progress;
     (iii) Accessing community resources; and
     (iv) Coordinating transitions between the program, child care, home, and kindergarten.
     (5) The superintendent and the director jointly shall adopt rules for the following program components:
     (a) Individualized evaluations to determine a child's eligibility for the program;
     (b) Minimum program standards, including instructor and staff qualifications;
     (c) Approval of program providers; and
     (d) Accountability and adherence to performance standards.
     (6) 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) Monitoring program quality and assuring the program is responsive to the needs of eligible educationally at-risk children; and
     (c) Providing technical assistance to contracted providers.

NEW SECTION.  Sec. 4   ELIGIBILITY. (1) Beginning in the 2011-12 school year, eligibility for enrollment in the program must be based on one or more of the following factors:
     (a) The child's family income is at or below one hundred ten percent of the federal poverty level; or
     (b) The results of an individualized evaluation of the child, according to indicators of preschool readiness, indicate the child is educationally at risk for poor school outcomes.
     (2) School districts, in collaboration with approved early learning providers, shall conduct the evaluations to determine a child's eligibility for participation in the program.
     (3) The superintendent and the director jointly shall develop recommendations for legislative approval regarding:
     (a) The indicators, benchmarks, and an evaluation process for use in eligibility screenings for the program. The indicators, benchmarks, and 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
     (b) A schedule for implementing the individualized evaluation process throughout the state, including training for school district personnel and approved early learning providers.
     (4) Beginning in the 2016-17 school year, eligibility for enrollment must be based on a determination the child is at risk based on the results of an individualized evaluation of the child according to indicators of preschool readiness adopted by the legislature.
     (5) The superintendent and the director shall report the recommendations required under subsection (3) of this section to the appropriate committees of the legislature not later than November 15, 2010.

NEW SECTION.  Sec. 5   STATEWIDE IMPLEMENTATION. (1) 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.
     (2) Beginning in the 2011-12 school year, 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.

NEW SECTION.  Sec. 6   FUNDING. Funding for the program of early learning established under this chapter must be appropriated to the superintendent. Allocations must be made based on the basis of children enrolled with eligible providers.

NEW SECTION.  Sec. 7   RECOMMENDATIONS. The superintendent, the director, 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 schedule of implementation consistent with section 5(2) of this act.

NEW SECTION.  Sec. 8   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, in collaboration with providers approved by the department of early learning, conduct individualized evaluations to determine eligibility for the program; and
     (b) May contract with the department of early learning to deliver services under the program.
     (2) If, however, 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. 9   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:
     (a) Individualized evaluations to determine a child's eligibility for the program;
     (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) Monitoring program quality and assuring the program is responsive to the needs of eligible educationally at-risk children; and
     (c) Providing technical assistance to contracted providers.

Sec. 10   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 for educationally at-risk children established in section 3 of this act.

Sec. 11   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 for children who are educationally at risk 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. 12   Sections 2 through 6 and 14 of this act constitute a new chapter in Title 28A RCW.

NEW SECTION.  Sec. 13   Section 10 of this act takes effect September 1, 2011.

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