WASHINGTON STATE REGISTER

WSR 09-04-083

AGENDA

DEPARTMENT OF

EARLY LEARNING

[ Filed February 3, 2009, 1:03 p.m. ]

Semi-Annual Rule-Making Agenda under RCW 34.05.314

January 1 through June 30, 2009

牋牋 The department of early learning (DEL) prepares a semi-annual rule-making agenda in January and July of each year to let the public know about DEL rules underway or planned. DEL rules are part of the Washington Administrative Code (WAC), and permanent DEL rules can be found online at TITLE 170 WAC. This agenda includes links to rule-making notices that DEL has filed with the office of the code reviser for publication in the Washington state register.

Subject Matter WAC Chapter or Sections Description
(Contact the DEL rules coordinator at rules@del.wa.gov for current information on these rules proceedings.)
Emergency Rule (CR-103) Preproposal Notice (CR-101) Proposed Rule CR-102 and Public Hearing or CR-105 Expedited Rule Permanent Rule (CR-103)

Common terms, definitions and standards New WAC chapter, and possible revisions of other DEL rules in TITLE 170 WAC Adopting a new DEL WAC chapter to include terms, definitions and standards that apply to more than one DEL WAC chapter or program. Other DEL WAC chapters may be revised to eliminate duplication. None. Filed 12/24/08, as WSR 09-01-185. Not determined yet. Anticipated in 2010.

Public records, DEL organization New chapter 170-01 Adopting a new DEL WAC chapter on public records requests, and adopting DEL organization and index rules required by law. None. Anticipated filing this period. Not determined yet. Not determined yet.

Background checks Chapter 170-06 Revising the list of crimes that may disqualify a person from child care, and procedures for disqualification, reconsideration and due process. Reviewing the rules for consistency with the law and considering whether to apply DEL background check rules to other early learning programs. None. Filed 12/24/08, as WSR 09-01-184. Not determined yet. Anticipated in 2010.

Head start coordination Chapter 170-12 No current rule-making activity. None.

Early childhood education and assistance program (ECEAP) Chapter 170-100 No current rule-making activity. None.

Working connections child care subsidies Chapter 170-290 These rules were moved from DSHS chapter 388-290 WAC to DEL chapter 170-290 WAC on March 27, 2008 (see filing number WSR 08-08-047). The rules would be revised to reflect DEL references and make technical corrections. None. Filed 11/2/07, as WSR 07-22-065 (this notice will be replaced with a new CR-101 filing below).

Working connections child care (WCCC) subsidies; and seasonal child care subsidies Chapters 170-290 and 170-292 Revising the entire WCCC chapter and combining the seasonal child care into chapter 170-290 WAC. Assuring rules are consistent with current law, federal requirements and the child care collective bargaining agreement. Reviewing child care subsidy policy options to increase program effectiveness and efficiency. Changing copays and making other policy revisions as directed by the legislature or the governor. Revising the rules to make them clearer, and reorganizing the WAC chapter. None. Anticipated filing in February 2009.
Rules may be proposed and adopted in phases.
First phase proposal anticipated this period.
Other phases to be determined.
First phase rules may be adopted this period.
Other phases to be determined.

Seasonal child care subsidies Chapter 170-292 Updating internal references in this chapter to be consistent with other DEL rules.
Clarifying other existing sections for consistent application of the rules. Adopting program definitions including "eligible child."
None. Filed 2/16/07, as WSR 07-05-048. Proposal filed as WSR 08-22-102; public hearings 12/11/08, and 1/21/09;
Continuance notice filed as WSR 09-01-186.
To be determined.

School-age child care centers Chapter 170-151 Revising the entire school-age child care WAC chapter. DEL plans to contract with a nongovernmental organization to develop recommendations for revising the rules. Anticipated filing this period. Anticipated in 2010. To be determined.

Child care centers Chapter 170-295 No current rule-making activity.

Family home child care Chapter 170-296 Revising the entire family home child care chapter using a negotiated rule-making team consisting of parents, child care providers, the Service Employees International Union, advocates, child care resource and referral network and DEL staff. None. Filed 12/1/06, as WSR 06-24-051. Draft rules are being developed by the NRM team -- Proposal anticipated in autumn 2009. To be determined in 2009.

Rules adopted in the previous 12 months:

Subject Matter WAC Chapter or Sections Description
(Contact the DEL Rules Coordinator at rules@del.wa.gov for current information on these rules proceedings.)
Emergency Rule (CR-103) Preproposal Notice (CR-101) Proposed Rule CR-102 and Public Hearing or CR-105 Expedited Rule Permanent Rule (CR-103)

Hearing rules Chapter 170-03 Adopting a new WAC chapter to replace DSHS administrative hearing rules that no longer applied when DEL was separated from DSHS in 2006. Filed 2/1/08, as WSR 08-04-060
(replaced by the permanent rules).
Filed 3/5/08, as WSR 08-06-102.
Permanent rules were effective 4/6/08.

Background checks Chapter 170-06 Adopting a new WAC chapter to replace DSHS background check rules that no longer applied when DEL was separated from DSHS in 2006. Filed 2/1/08, as WSR 08-04-060
(replaced by the permanent rules).
Filed 4/30/08, as WSR 08-10-041.
Permanent rules were effective 5/31/08.

牋牋 Notes: This agenda is prepared for information purposes, and anticipated rule-making dates or periods noted in this agenda are planning estimates only. Any errors in this agenda do not affect the actual department of early learning rules or DEL rule making notices filed with the office of the code reviser and published in the Washington state register. There may be additional DEL rule making that cannot be forecasted as the department initiates rule proceedings to implement new state laws, to meet federal requirements, or to meet unforeseen circumstances. Emergency rules, if any, noted are those in effect at the time this agenda was filed with the code reviser, or were the last emergency rules filed on the particular subject. For more information about department of early learning rule making, or to join a mailing list to receive DEL rule notices and materials, please e-mail DEL at rules@del.wa.gov, or write to the DEL Rules Coordinator, P.O. Box 40970, Olympia, WA 98504-0970.

牋牋 CR stands for code reviser. The code reviser's office creates the rule-making notice forms used by all state agencies.

牋牋 CR-101 is a preproposal statement of inquiry notice filed under RCW 34.05.310.

牋牋 CR-102 is a proposed rule making notice filed under RCW 34.05.320, continuance notice under RCW 34.05.325, or supplemental proposed rule making notice under RCW 34.05.340.

牋牋 CR-103 is a rule-making order filed under RCW 34.05.360 for permanent rules, or under RCW 34.05.350 for emergency rules.

牋牋 CR-105 is an expedited rule-making notice under RCW 34.05.353.

牋牋 WSR number is the official filing number assigned by the office of the code reviser and entered on materials submitted for publication in the Washington state register.

Subject Matter	WAC Chapter or Sections	Description (Contact the DEL rules coordinator at rules@del.wa.gov for current information on these rules proceedings.)	Emergency Rule (CR-103)	Preproposal Notice (CR-101)	Proposed Rule CR-102 and Public Hearing or CR-105 Expedited Rule	Permanent Rule (CR-103)
Common terms, definitions and standards	New WAC chapter, and possible revisions of other DEL rules in TITLE 170 WAC	Adopting a new DEL WAC chapter to include terms, definitions and standards that apply to more than one DEL WAC chapter or program. Other DEL WAC chapters may be revised to eliminate duplication.	None.	Filed 12/24/08, as WSR 09-01-185.	Not determined yet.	Anticipated in 2010.
Public records, DEL organization	New chapter 170-01	Adopting a new DEL WAC chapter on public records requests, and adopting DEL organization and index rules required by law.	None.	Anticipated filing this period.	Not determined yet.	Not determined yet.
Background checks	Chapter 170-06	Revising the list of crimes that may disqualify a person from child care, and procedures for disqualification, reconsideration and due process. Reviewing the rules for consistency with the law and considering whether to apply DEL background check rules to other early learning programs.	None.	Filed 12/24/08, as WSR 09-01-184.	Not determined yet.	Anticipated in 2010.
Head start coordination	Chapter 170-12	No current rule-making activity.	None.
Early childhood education and assistance program (ECEAP)	Chapter 170-100	No current rule-making activity.	None.
Working connections child care subsidies	Chapter 170-290	These rules were moved from DSHS chapter 388-290 WAC to DEL chapter 170-290 WAC on March 27, 2008 (see filing number WSR 08-08-047). The rules would be revised to reflect DEL references and make technical corrections.	None.	Filed 11/2/07, as WSR 07-22-065 (this notice will be replaced with a new CR-101 filing below).
Working connections child care (WCCC) subsidies; and seasonal child care subsidies	Chapters 170-290 and 170-292	Revising the entire WCCC chapter and combining the seasonal child care into chapter 170-290 WAC. Assuring rules are consistent with current law, federal requirements and the child care collective bargaining agreement. Reviewing child care subsidy policy options to increase program effectiveness and efficiency. Changing copays and making other policy revisions as directed by the legislature or the governor. Revising the rules to make them clearer, and reorganizing the WAC chapter.	None.	Anticipated filing in February 2009. Rules may be proposed and adopted in phases.	First phase proposal anticipated this period. Other phases to be determined.	First phase rules may be adopted this period. Other phases to be determined.
Seasonal child care subsidies	Chapter 170-292	Updating internal references in this chapter to be consistent with other DEL rules. Clarifying other existing sections for consistent application of the rules. Adopting program definitions including "eligible child."	None.	Filed 2/16/07, as WSR 07-05-048.	Proposal filed as WSR 08-22-102; public hearings 12/11/08, and 1/21/09; Continuance notice filed as WSR 09-01-186.	To be determined.
School-age child care centers	Chapter 170-151	Revising the entire school-age child care WAC chapter. DEL plans to contract with a nongovernmental organization to develop recommendations for revising the rules.		Anticipated filing this period.	Anticipated in 2010.	To be determined.
Child care centers	Chapter 170-295	No current rule-making activity.
Family home child care	Chapter 170-296	Revising the entire family home child care chapter using a negotiated rule-making team consisting of parents, child care providers, the Service Employees International Union, advocates, child care resource and referral network and DEL staff.	None.	Filed 12/1/06, as WSR 06-24-051.	Draft rules are being developed by the NRM team -- Proposal anticipated in autumn 2009.	To be determined in 2009.

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