WSR 10-11-127

PROPOSED RULES

DEPARTMENT OF

EARLY LEARNING

[ Filed May 19, 2010, 11:11 a.m. ]

Original Notice.

Preproposal statement of inquiry was filed as WSR 10-03-033.

Title of Rule and Other Identifying Information: Revising WAC 170-290-0082 Eligibility period, working connections child care (WCCC) subsidies.

Hearing Location(s): Bellingham Public Library, Fairhaven Branch Auditorium, 1117 12th Street, Bellingham, WA 98225-6617 (half-block north of Mill Avenue and 12th Street), on Tuesday, June 22, 2010, at 6:00 p.m.; at the Tacoma Public Library, Main Downtown Branch Auditorium, 1102 Tacoma Avenue South, Tacoma, WA 98402 (between South 11th and 12th Streets), on Wednesday, June 23, 2010, at 6:00 p.m.; at the Seattle Public Library, Beacon Hill Branch, 2821 Beacon Avenue South, Seattle, WA 98144-5813 (corner of South Forest Street and Beacon Avenue South), on Thursday, June 24, 2010, at 5:30 p.m.; at the Yakima Valley School (DSHS facility), Training Room, 609 Speyers Road, Selah, WA (about one mile northwest of downtown Selah), on Friday, June 25, 2010, at 6:00 p.m.; and at the Spokane Public Library, Shadle Branch, West 2111 Wellesley Avenue, Spokane, WA 99205 (corner of Belt Street and Wellesley Avenue, near Shadle Park), on Saturday, June 26, 2010, at 1:00 p.m. For more information, see the "DEL Rules Under Development" web page at http://www.del.wa.gov/laws/development/Default.aspx, or contact the DEL rules coordinator at Rules@del.wa.gov.

Date of Intended Adoption: After June 30, 2010.

Submit Written Comments to: DEL Rules Coordinator, P.O. Box 40970, Olympia, WA 98504-0970, DEL on-line comment web site https://apps.del.wa.gov/PolicyProposalComment/Detail.aspx, e-mail Rules@del.wa.gov, fax (360) 725-4939, by midnight on June 26, 2010.

Assistance for Persons with Disabilities: Contact the DEL rules coordinator by June 18, 2010, (360) 725-4397.

Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: The department is revising WAC 170-290-0082 to implement section 2(2) of E2SHB 3141 (chapter 273, Laws of 2010, regular session). Section 2 of the act establishes a new section of DEL's chapter 43.215 RCW, and in subsection (2) directs that, "Beginning in fiscal year 2011, for families with children enrolled in an early childhood education and assistance program (ECEAP), a head start program, or an early head start program, authorizations for the working connections child care subsidy shall be effective for twelve months unless a change in circumstances necessitates reauthorization sooner than twelve months."

Reasons Supporting Proposal: Revising WAC 170-290-0082 is needed to implement section 2(2) of E2SHB 3141. Eligibility periods for WCCC subsidies, and changes in a family's circumstances that may affect a family's WCCC authorization or eligibility (and that must be reported to the WCCC program), are set by rule. The rules must also be consistent with federal child care and development fund (CCDF) regulations in 45 C.F.R. 98 and 99, in order for the state to be in compliance with requirements for receiving federal CCDF monies.

Statutory Authority for Adoption: RCW 43.215.060 and 43.215.070.

Statute Being Implemented: E2SHB 3141 (chapter 273, Laws of 2010), regular session; chapter 43.215 RCW.

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

Agency Comments or Recommendations, if any, as to Statutory Language, Implementation, Enforcement, and Fiscal Matters: The working connections child care subsidy program is run jointly by DEL and the department of social and health services (DSHS). DEL adopts the rules and other policy for WCCC program in coordination with DSHS. DSHS staff in local offices statewide implement the rules by determining family eligibility for WCCC subsidies, and coordinating payment to approved providers who provide child care for children in the WCCC program.

Name of Proponent: Department of early learning, governmental.

Name of Agency Personnel Responsible for Drafting: Mark Rosen, DEL State Office, Lacey, Washington, (360) 725-4694; Implementation: Lynne Shanafelt, DEL State Office, Lacey, Washington, (360) 725-2829; and Enforcement: DSHS, community services offices statewide.

No small business economic impact statement has been prepared under chapter 19.85 RCW. The proposed rule is not expected to create new costs for small businesses, or if costs are created they are expected to be minor. Preparation of a small business economic impact statement is not required.

A cost-benefit analysis is not required under RCW 34.05.328. DEL is not listed among the state agencies required to comply with RCW 34.05.328.

May 19, 2010

Bette Hyde

Director

OTS-3241.1


AMENDATORY SECTION(Amending WSR 09-22-043, filed 10/28/09, effective 12/1/09)

WAC 170-290-0082   Eligibility period.   (1) Six-month eligibility. DSHS may approve a consumer for ((a)) an eligibility period up to six months, except as provided in subsection (2) of this section. A consumer's eligibility may end before his or her end date as stated in WAC 170-290-0110.

(2) Twelve-month eligibility for consumers with children receiving services from head start (HS), early head start (EHS), or an early childhood education and assistance program (ECEAP).

(a) A consumer who meets all of the requirements of part II of chapter 170-290 WAC, and has a child receiving services from HS, EHS, or ECEAP, is eligible for WCCC subsidies for a period of twelve months. The consumer's eligibility may end before his or her end date as stated in WAC 170-290-0110.

(b) All children in the consumer's household under WAC 170-290-0015 are eligible for the twelve-month eligibility period.

(c) The twelve-month eligibility period for WCCC begins and ends as follows:

(i) Once DSHS verifies a child is receiving services, the twelve-month eligibility period begins on the date that the consumer's initial application or reapplication for WCCC is approved.

(ii) The twelve-month eligibility continues regardless of whether the child continues to receive services from HS, EHS, or ECEAP. Consumers must notify DSHS within ten days when the child is no longer receiving services from HS, EHS, or ECEAP.

(iii) Eligibility ends as stated in WAC 170-290-0110 or if the parent requests termination of WCCC.

(d) During a consumer's twelve-month eligibility period, culturally appropriate parent education and family development classes are approved activities.

(e) If a child who is receiving services from HS, EHS, or ECEAP has a unique state student identifier (SSID) assigned by the office of superintendent of public instruction, and a twelve-month eligibility period for WCCC, the SSID is used to identify and measure the child's educational progress.

[Statutory Authority: RCW 43.215.060, 43.215.070, 2006 c 265, and chapter 43.215 RCW. 09-22-043, 170-290-0082, filed 10/28/09, effective 12/1/09. 08-08-047, recodified as 170-290-0082, filed 3/27/08, effective 3/27/08. Statutory Authority: RCW 74.04.050, 74.12.340, 74.13.085, and 2003 1st sp.s. c 25. 04-08-021 and 04-08-134, 388-290-0082, filed 3/29/04 and 4/7/04, effective 5/28/04.]

Washington State Code Reviser's Office