WSR 10-06-077

AGENDA

DEPARTMENT OF

EARLY LEARNING

[ Filed February 26, 2010, 3:23 p.m. ]


Semi-Annual Rule-making Agenda under RCW 34.05.314

January 1 through June 30, 2010



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 rule changes underway or planned. The current agenda also updates the 2007 child care provider rule review plan prepared under RCW 43.215.502. DEL rules are part of the Washington Administrative Code (WAC), and permanent DEL rules can be found on-line 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. Find more information about DEL rules and current rule-making projects at the DEL web site.


Subject

Matter

WAC Chapter

or Sections

Description

(Contact the DEL rules coordinator at rules@del.wa.gov for current information on these rule proceedings.)

Emergency

Rule

(CR-103E)

Preproposal

Notice

(CR-101)

Proposed Rule (CR-102) and Public Hearing or Expedited Rule (CR-105) Permanent

Rule

(CR-103P)

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 or 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

To be determined To be determined
Public records, DEL organization. New chapter

170-01 WAC.

Adopting a new DEL WAC chapter on public records requests, and adopting DEL organization and index rules required by law. None Filed 8/27/09

as WSR

09-18-055

Proposal anticipated in spring 2010 Anticipated by mid-2010
DEL hearing rules. Chapter 170-03 WAC. Adopting technical changes needed to make the rules consistent with other DEL WAC chapters and to revise hearing procedures. Some changes to procedural rules do not require filing a CR-101 preproposal notice. None Anticipated filing this period if needed To be determined To be determined
DEL background checks rules. Chapter 170-06 WAC. 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

To be determined To be determined
Head start coordination.

Chapter

170-12 WAC.

No current rule-making activity. As needed DEL may initiate rule making to implement 2010 legislation. None N/A N/A N/A
Early childhood education and assistance program (ECEAP). Chapter

170-100 WAC.

No current rule-making activity. As needed DEL may initiate rule making to implement 2010 legislation. None N/A N/A N/A
Working connections and seasonal child care subsidy programs. Chapter 170-290 WAC. Revising child care subsidy rules to implement 2010 budget-related policy directives. If needed Filed 1/12/10 as WSR

10-03-033

To be determined To be determined
Working connections child care (WCCC) and seasonal child care (SCC) subsidy programs. Chapter

170-290 WAC (amended)

and

chapter 170-292 WAC (repeal).

Revising the entire WCCC chapter and combining the SCC subsidy rules into chapter 170-290 WAC. Repealing all sections of chapter 170-292 WAC.

Start of second phase rules to be determined at a later date.

None Filed 2/3/09

as WSR 09-04-084 and 07-19-028 filed on 9/11/07

Filed 6/3/09

as WSR 08-12-115.

Public hearings held 7/7/09 and 7/11/09

Filed 10/28/09 as WSR

09-22-043.

Rules effective 12/1/09

Hand sanitizers in DEL-licensed child care facilities. Chapters

170-151,

170-295, and

170-296 WAC.

Revising rules to allow the use of alcohol-based hand sanitizers in licensed child care for children over twelve months of age with written permission of a parent or guardian. Filed 10/22/09 as WSR

09-22-011

Filed 10/22/09 as WSR

09-22-012

Anticipated in spring 2010 To be determined
School-age child care centers. Chapter

170-151 WAC.

Revising the entire school age child care licensing WAC chapter. DEL has contracted school's out Washington (SOWA), a nonprofit group, to review the current rules, gather stakeholder input, and recommend possible WAC changes. SOWA is expected to offer its recommendations by July 2010. DEL will review the SOWA recommendations and determine draft and proposed rules. See the SOWA web site to learn more. None Filed 4/23/09

as WSR

09-10-009

Anticipated in 2011 To be determined
Child care centers. Chapter

170-295 WAC.

No current rule-making activity. None DEL rule review anticipated to start in 2010-2011 To be determined To be determined
Family home child care. Chapter

170-296 WAC.

Revising the family home child care WAC chapter using a negotiated rule-making team (NRMT) consisting of parents, child care providers, the Service Employees International Union, advocates, Washington Child Care Resource and Referral network and DEL staff. The NRMT met from January 2007 through December 2009 to review and recommend draft rules. During the current period, DEL will review the NRMT recommendations and draft rules, and the department will continue developing the formal proposed rules. None Filed 12/01/06

as WSR

06-24-051

Anticipated in mid or fall 2010 Anticipated in late 2010
DEL rules. All chapters of TITLE 170 WAC. As rules in TITLE 170 WAC or other agency rules affecting DEL WAC are revised, DEL may revise its rules to update cross references or other information to keep DEL rules current. N/A N/A Expedited or proposed rule making as needed As needed

Permanent Rules Adopted in the Twelve Months Prior to this Report: WSR 09-22-043 DEL working connections and seasonal child care subsidy program rules. Permanent rules filed on October 28, 2009, and effective December 1, 2009. Revising working connections child care subsidy rules in chapter 170-290 WAC; incorporating seasonal child care subsidy rules as new Part III of chapter 170-290 WAC; and repealing all sections of chapter 170-292 WAC, Seasonal child care.

Notes: This agenda is prepared for information purposes, and anticipated rule-making dates or periods noted in this agenda are planning estimates that are subject to change. Any errors or omissions in this agenda do not affect the actual DEL 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 adopts rules to implement new state laws, to meet federal requirements, or to meet unforeseen circumstances. Emergency rules noted, if any, 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 DEL rule making, or to join a mailing list to receive DEL rule notices and draft materials, please e-mail Rules@del.wa.gov, or write to the DEL Rules Coordinator, P.O. Box 40970, Olympia, WA 98504-0970.

CR means "code reviser." The legislature's office of the code reviser creates the rule-making notice forms filed by all state agencies.

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

CR-102 is a proposed rule-making notice filed under RCW 34.05.320, a continuance notice under RCW 34.05.325, or a supplemental proposed rule-making notice under RCW 34.05.340. CR-103 is a CR-103P rule-making order filed under RCW 34.05.360 for permanent rules, or a CR-103E rule-making order filed under RCW 34.05.350 for temporary emergency rules.

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

WSR means "Washington state register." The WSR numbers noted in the agenda are the official filing numbers assigned by the office of the code reviser and entered on materials submitted for publication in the Washington state register.

Washington State Code Reviser's Office