WSR 97-15-106

PROPOSED RULES

DEPARTMENT OF COMMUNITY,

TRADE AND ECONOMIC DEVELOPMENT

[Filed July 21, 1997, 4:40 p.m.]

Original Notice.

Preproposal statement of inquiry was filed as WSR 97-12-072.

Title of Rule: State funding of local Head Start programs.

Purpose: To outline conditions and procedures under which state funds will be made available for Head Start programs.

Statutory Authority for Adoption: RCW 43.06.110 and chapter 43.330 RCW.

Summary: This amendment updates WAC language and statutory references.

Reasons Supporting Proposal: The existing WAC language is outdated.

Name of Agency Personnel Responsible for Drafting: Barbara Frost, 906 Columbia S.W., Olympia, (360) 586-3295; Implementation and Enforcement: Mary Frost, 906 Columbia S.W., Olympia, (360) 753-4106.

Name of Proponent: Department of Community, Trade and Economic Development, governmental.

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

Explanation of Rule, its Purpose, and Anticipated Effects: This existing rule specifies the eligibility and application process for receiving Head Start match funds.

Proposal Changes the Following Existing Rules: Updates current language, including the department name and statutory references.

No small business economic impact statement has been prepared under chapter 19.85 RCW. There is no small business economic impact as a result of this rule. The program is only available to federal Head Start grantees, which are generally nonprofit organizations.

RCW 34.05.328 does not apply to this rule adoption. Department of Community, Trade and Economic Development is not a listed agency in RCW 34.05.328.

Hearing Location: Community, Trade and Economic Development, 906 Columbia Street S.W., 4th Floor, Olympia, WA, on August 26, 1997, at 1:30 p.m.

Assistance for Persons with Disabilities: Contact Barbara Frost by August 19, 1997, (360) 586-3295.

Submit Written Comments to: Barbara Frost, P.O. Box 48300, Olympia, WA 98504-8300, e-mail BarbaraF@CTED.WA.GOV, FAX (360) 586-0489, by August 26, 1997.

Date of Intended Adoption: October 1, 1997.

July 21, 1997

Ann Bariekman

Rules Coordinator

AMENDATORY SECTION (Amending Order 85-03, filed 6/7/85)

WAC 365-40-010 Purpose and authority. (1) The purpose of this chapter is to outline the conditions and procedures under which state funds will be made available for Head Start programs.

(2) This activity is undertaken pursuant to RCW 43.06.110 and chapter ((43.63A)) 43.330 RCW.

[Statutory Authority: RCW 43.63A.060. 85-13-006 (Order 85-03), 365-40-010, filed 6/7/85. Statutory Authority: RCW 43.06.110 and chapter 43.63A RCW. 78-11-059 (Order 78-04), 365-40-010, filed 10/25/78.]

AMENDATORY SECTION (Amending Order 89-04, filed 10/16/89, effective 11/16/89)

WAC 365-40-020 Definitions. (1) "Applicant" means a public or private nonsectarian organization which receives federal Head Start funds.

(2) "Contractor" means an applicant which has been allocated state Head Start funds under the ((state)) Head Start state match program.

(3) "Department" means the department of community, trade and economic development.

(4) "Director" means the director of the department of community, trade and economic development.

(5) "Head Start program" means an operation undertaken in accordance with the program performance standards set forth in the ((ocd-hs head start policy manual (OCD Notice N-30-364-4) "Head Start program performance standards," published by the United States Department of Health, Education, and Welfare July 1975)) federal Head Start Act as amended and relevant federal regulations.

[Statutory Authority: Chapter 43.63A RCW. 89-21-056 (Order 89-04), 365-40-020, filed 10/16/89, effective 11/16/89; 88-01-058 (Order 87-20), 365-40-020, filed 12/16/87; 86-18-026 (Order 86-02), 365-40-020, filed 8/27/86. Statutory Authority: RCW 43.63A.060. 85-13-006 (Order 85-03), 365-40-020, filed 6/7/85. Statutory Authority: RCW 43.06.110 and chapter 43.63A RCW. 78-11-059 (Order 78-04), 365-40-020, filed 10/25/78.]

AMENDATORY SECTION (Amending Order 89-04, filed 10/16/89, effective 11/16/89)

WAC 365-40-041 Financial support application process. (1) Each potential applicant will be notified by the department that application for ((state)) Head Start state match financial assistance is to be made to the department.

(2) An applicant must make formal application in the form and manner specified by the department. Failure of an applicant to make application in the specified time will result in no ((state)) Head Start state match funds being allocated.

(3) Applications for ((state)) Head Start state match financial assistance shall contain a description of the services to be provided with ((state)) Head Start state match funds.

(4) The department shall provide a contract for signature to the applicant or a request for additional information.

[Statutory Authority: Chapter 43.63A RCW. 89-21-056 (Order 89-04), 365-40-041, filed 10/16/89, effective 11/16/89; 86-18-026 (Order 86-02), 365-40-041, filed 8/27/86. Statutory Authority: RCW 43.63A.060. 85-13-006 (Order 85-03), 365-40-041, filed 6/7/85. Statutory Authority: RCW 43.06.110 and chapter 43.63A RCW. 79-08-050 (Order 79-02), 365-40-041, filed 7/20/79.]

AMENDATORY SECTION (Amending Order 89-04, filed 10/16/89, effective 11/16/89)

WAC 365-40-051 Eligibility criteria. In order to receive ((state)) Head Start state match funds, a contractor must currently be receiving federal funds to operate a Head Start program. ((State)) Head Start state match funds may be used only for activities which result in direct and measurable services to Head Start program children. The department shall determine the formula for distribution of state funds based on ((current)) federal enrollment levels at the time of funding.

[Statutory Authority: Chapter 43.63A RCW. 89-21-056 (Order 89-04), 365-40-051, filed 10/16/89, effective 11/16/89; 88-01-058 (Order 87-20), 365-40-051, filed 12/16/87; 86-18-026 (Order 86-02), 365-40-051, filed 8/27/86. Statutory Authority: RCW 43.63A.060. 85-13-006 (Order 85-03), 365-40-051, filed 6/7/85. Statutory Authority: RCW 43.06.110 and 43.63A.060. 82-07-066 (Order 82-01), 365-40-051, filed 3/22/82. Statutory Authority: RCW 43.06.110 and chapter 43.63A RCW. 79-08-050 (Order 79-02), 365-40-051, filed 7/20/79.]

AMENDATORY SECTION (Amending Order 89-04, filed 10/16/89, effective 11/16/89)

WAC 365-40-071 Method of payment and reporting requirements. (1) ((State)) Head Start state match funds will be paid in accordance with the provisions of the applicable contract and these regulations.

(2) Reports to the department to assure that funds are being expended for purposes authorized in the approved contract are required in a format approved by the department.

(3) The contractor ((at time of application, and annually thereafter,)) shall submit annually a current report of the audit of funds conducted by an independent auditor or office of state auditor ((and resolution of findings provided under this rule. Standard accepted auditing techniques shall be used)) in accordance with generally accepted auditing standards. Such audit may be that conducted for and provided to other funding sources. ((This)) The audit report must ((include a breakdown of)) identify state funds by contract number. Responses to any unresolved management findings and disallowed or questioned costs shall be included with the audit report.