PERMANENT RULES
EARLY LEARNING
Effective Date of Rule: Thirty-one days after filing.
Purpose: The department of early learning (DEL) is adopting amended WAC 170-290-0082 Eligibility period. The revised rule implements a new state law, E2SHB 3141 (chapter 273, Laws of 2010, regular session) that extends eligibility to twelve months for families in the working connections child care (WCCC) subsidy program who also have a child enrolled in head start (HS), early head start (EHS) or early childhood education and assistance program (ECEAP). Families in the WCCC program currently must reapply for subsidy benefits every six months - and more often in some cases. Extending eligibility to twelve months is expected to increase child care stability for families, reduce potential disruptions in the family's child care, and reduce the amount of paperwork families must complete to remain on the WCCC program.
DEL has also amended the rule to improve continuity of child care for WCCC families by:
• Allowing twelve-month eligibility for siblings of
the child in HS, EHS or ECEAP who also receive WCCC
subsidized care;
• Allowing families in the twelve-month eligibility group to receive WCCC-paid child care while the parent is attending parent education or family development classes offered by the HS, EHS or ECEAP; and
• Clarifying when other families in the WCCC program (who are not in the twelve-month eligibility group) may receive a full six-month eligibility period, and when a shorter period is appropriate.
DEL is considering other revisions to chapter 170-290 WAC
to implement E2SHB 3141 and further improve continuity of care
for families in the WCCC program. The department intends to
file a supplemental or new rule proposal to adopt those
revisions.
E2SHB 3141 directs DEL to, in part, "establish and implement policies in the working connections child care program to promote stability and quality of care for children from low income households ..." The bill establishes the twelve-month extended eligibility period for a limited group of families in the WCCC program while DEL and the department of social and health services (DSHS)* study the impact of extended eligibility on child care stability, and whether extended eligibility results in administrative costs or savings. DEL and DSHS must also make recommendations to the legislature about expanding twelve-month eligibility to other families receiving state-subsidized child care.
*WCCC is operated jointly by DEL and DSHS under section 501, chapter 265, Laws of 2006 (uncodified). DEL sets WCCC policy and adopts program rules. DSHS staff process applications for WCCC, determine family eligibility, and process payments to child care providers.
Citation of Existing Rules Affected by this Order: Amending WAC 170-290-0082.
Statutory Authority for Adoption: RCW 43.215.060 and 43.215.070.
Other Authority: Chapter 273, Laws of 2010, regular session; chapter 43.215 RCW; chapter 265, Laws of 2006.
Adopted under notice filed as WSR 10-11-127 on May 19, 2010.
Changes Other than Editing from Proposed to Adopted Version: Content that is being deleted from the current WAC 170-290-0082 is not shown below for clarity.
1. As a result of comments received, DEL revised subsection (1) of proposed WAC 170-290-0082 to clarify when a family may receive six months of WCCC eligibility:
• Proposed Rule:
(1) Six-month eligibility. DSHS may approve a consumer for 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.
• Final Rule:
(1) Six-month eligibility. A consumer who meets all of the requirements of part II of this chapter is eligible for six months, except as provided in subsection (2) of this section.
(a) A consumer's eligibility may be for less than six months if:
(i) Requested by the consumer; or
(ii) A TANF consumer's individual responsibility plan indicates child care is needed for less than six months.
(b) A consumer's eligibility may end sooner than six months if:
(i) The consumer no longer wishes to participated [participate] in WCCC; or
(ii) DSHS terminates the consumer's eligibility as stated in WAC 170-290-0110.
DEL [is] also adding new subsections (2)(a) and (b) with language comparable to subsection (1)(a) and (b) in the final to make requirements consistent for families with six-month eligibility and those with twelve-month eligibility.
2. As a result of comments received and to make the rule more consistent with other parts of chapter 170-290 WAC, DEL revised subsection (2)(c) of proposed WAC 170-290-0082 (now subsection (2)(e) and (f)) regarding when the twelve-month eligibility period begins:
• Proposed Rule:
(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.
• Final Rule:
(e) The twelve-month eligibility period begins:
(i)(A) When benefits begin under WAC 170-290-0095 for TANF consumers or WAC 170-290-0100 for consumers not receiving TANF; or
(B) Upon reapplication under WAC 170-290-0109(4) for TANF consumers or WAC 170-290-0109(5) for consumers not receiving TANF; and
(ii) When DSHS verifies that the child is receiving services from HS, EHS, or ECEAP.
(f) The twelve-month eligibility continues regardless of whether the child continues to receive services from HS, EHS, or ECEAP.
3. As a result of comments received, DEL revised subsection (2)(d) of proposed WAC 170-290-0082 (now subsection (2)(g)) regarding what types of parent education or family development classes are "approved activities" under WCCC:
• Proposed Rule:
(d) During a consumer's twelve-month eligibility period, culturally appropriate parent education and family development classes are approved activities.
• Final Rule:
(g) During a consumer's twelve-month eligibility period, parent education and family development classes offered by HS, EHS, or ECEAP are approved activities. As funds are available, other DEL-approved parent education and family development classes may be authorized.
4. As a result of comments received, DEL revised subsection (2)(e) of the proposed rule (now subsection (2)(h)) regarding student identification numbers used to track the preschool child's educational progress during the study of child care stability required under E2SHB 3141:
• Proposed Rule:
(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.
• Final Rule:
(h) Each child who is receiving services from HS, EHS, or ECEAP and is receiving WCCC subsidies will be assigned a unique early learning student identifier. Student information may be merged with information from the office of superintendent of public instruction, the education research data center, or both, to measure the child's educational progress from preschool through grade twelve.
Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 1, Repealed 0.
Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 0, Repealed 0.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.
Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 1, Repealed 0.
Date Adopted: July 15, 2010.
Elizabeth M. Hyde
Director
OTS-3241.3
AMENDATORY SECTION(Amending WSR 09-22-043, filed 10/28/09,
effective 12/1/09)
WAC 170-290-0082
Eligibility period.
((DSHS may
approve)) (1) Six-month eligibility.
(a) A consumer who meets all of the requirements of part
II of this chapter is eligible for ((a period up to)) WCCC
subsidies for six months, except as provided in subsection (2)
of this section.
(b) A consumer's eligibility may be for less than six months if:
(i) Requested by the consumer; or
(ii) A TANF consumer's individual responsibility plan indicates child care is needed for less than six months.
(c) A consumer's eligibility may end ((before his or her
end date as)) sooner than six months if:
(i) The consumer no longer wishes to participate in WCCC; or
(ii) DSHS terminates the consumer's eligibility as stated in WAC 170-290-0110.
(2) Twelve-month eligibility.
(a) A consumer who meets all of the requirements of part II of this chapter, and has a child receiving services from head start (HS), early head start (EHS), or an early childhood education and assistance program (ECEAP), is eligible for WCCC subsidies for twelve months.
(b) A consumer's eligibility may be for less than twelve months if:
(i) Requested by the consumer; or
(ii) A TANF consumer's individual responsibility plan indicates child care is needed for less than twelve months.
(c) The consumer's eligibility may end sooner than twelve months if:
(i) The consumer no longer wishes to participate in WCCC; or
(ii) DSHS terminates the consumer's eligibility as stated in WAC 170-290-0110.
(d) All children in the consumer's household under WAC 170-290-0015 are eligible for the twelve-month eligibility period.
(e) The twelve-month eligibility period begins:
(i)(A) When benefits begin under WAC 170-290-0095 for TANF consumers or WAC 170-290-0100 for consumers not receiving TANF; or
(B) Upon reapplication under WAC 170-290-0109(4) for TANF consumers or WAC 170-290-0109(5) for consumers not receiving TANF; and
(ii) When DSHS verifies that the child is receiving services from HS, EHS, or ECEAP.
(f) The twelve-month eligibility continues regardless of whether the child continues to receive services from HS, EHS, or ECEAP.
(g) During a consumer's twelve-month eligibility period, parent education and family development classes offered by HS, EHS, or ECEAP are approved activities. As funds are available, other DEL-approved parent education and family development classes may be authorized.
(h) Each child who is receiving services from HS, EHS, or ECEAP and is receiving WCCC subsidies will be assigned a unique early learning student identifier. Student information may be merged with information from the office of superintendent of public instruction, the education research and data center, or both, to measure the child's educational progress from preschool through grade twelve.
[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.]