WASHINGTON STATE REGISTER

WSR 10-16-060

AGENDA

DEPARTMENT OF

EARLY LEARNING

[ Filed July 29, 2010, 8:42 a.m. ]

Semi-Annual Rule-Making Agenda under RCW 34.05.314

July 1 through December 31, 2010

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 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 current information about department rule-making activity on-line at DEL Rules Under Development.

Subject
Matter
WAC Chapter
or Sections
Description
(Contact the DEL Rules Coordinator at rules@del.wa.gov for current information on these rule actions.)牋牋牋牋牋牋牋牋
Emergency
Rule
(CR-103E)
Preproposal
Notice
(CR-101)
Proposed Rule (CR-102) and Public Hearing or (CR-105) Expedited Rule 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 fall 2010. To be determined.

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 working in 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. None. N/A N/A N/A

Early childhood education and assistance program (ECEAP). Chapter
170-100 WAC
Amending ECEAP rules consistent with 2010 HB 2371. The bill changes the definition of "eligible child" to include children eligible for special education regardless of income. None. Filed 5/13/10
as WSR
10-11-064.
Filed 7/7/10
as WSR
10-14-118.
Public hearing 8/10/10.
Anticipated in fall 2010.

Working connections child care (WCCC) and seasonal child care (SCC) subsidy programs. Chapter 170-290 WAC Revising WCCC subsidy rules to implement 2010 HB [E2SHB] 3141 extending WCCC eligibility to twelve months for families with a child in head start, early head start or ECEAP. None. Filed 1/12/10 as WSR
10-03-033.
Filed 5/21/10
as WSR
10-11-127.
Public hearings June 22, 23, 24, 25 and 26, 2010.
Filed 7/15/10 as WSR
10-15-063.
Effective 8/15/10.

Working connections child care (WCCC) and seasonal child care (SCC) subsidy programs. Chapter 170-290 WAC
Possible revisions to the WCCC rules to meet anticipated shortfalls in the state's WorkFirst budget, and to continue implementing 2010 HB [E2SHB] 3141. None. Filed 7/21/10
as WSR
10-15-116.
To be determined. To be determined.

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 6/17/10
as WSR
10-13-104.
Filed 10/22/10
as WSR
09-22-012.
Proposed rule anticipated in August 2010; public hearings in Fall 2010. Anticipated in fall 2010.

School-age child care programs and child care centers. Chapters
170-151
and
170-295 WAC
Increasing licensing fees for school-age programs and child care centers as directed by the legislature in the 2010-11 Supplemental Operating Budget Bill, ESSB 6444, section 614(14). Filed 6/14/10
as WSR
10-13-072.
Filed 6/14/10
as WSR
10-13-071.

Anticipated in August 2010; public hearings in Fall 2010. Anticipated in fall 2010.

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 made its recommendations in July 2010. DEL will review the SOWA recommendations and write 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. WAC 170-295-3030 Anticipated rule making due to a public petition (under RCW 34.05.330) to amend WAC 170-295-3030 When is a child or staff member too ill to be at child care? None Anticipated this period. To be determined. To be determined.

Child care centers. Chapter
170-295 WAC
Review of this chapter is planned to start in 2011. None. To be determined. 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 plans to continue developing the formal proposed rules, hold public hearings, and adopt the final rules. None Filed 12/1/06
as WSR
06-24-051.
Anticipated in Fall 2010. Anticipated in late 2010.

Department of early learning rules. All chapters of TITLE 170 WAC As DEL TITLE 170 WAC or other agency rules are revised, DEL may revise its rules to update names, references or other information to keep DEL rules current. N/A N/A Expedited or proposed rule making as needed. As needed.

牋牋 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.

� WSR 10-15-063 - DEL working connections and seasonal child [care] subsidy program rules. Permanent rules filed July 15, 2010, and effective August 15, 2010. Amending WAC 170-290-0082 to implement section 2(2) of E2SHB 3141, extending eligibility to twelve months for families in the WCCC program who have a child enrolled in head start, early head start or the early childhood education and assistance program, and related revisions.

Notes:

牋牋 The DEL rule-making 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. This agenda does not constitute a rule or rule-making action. Any errors or omissions in this agenda do not affect the actual DEL rules or rule-making notices filed with the office of the code reviser and published in the Washington State Register.

牋牋 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 prior to this agenda on the particular subject.

牋牋 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.

牋牋 CR means "code reviser." The legislature's office of the code reviser creates the rule-making notice forms filed 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 may be 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.

牋牋 CR-103E is an emergency rule-making order filed under RCW 34.05.350.

牋牋 CR-103P is a permanent rule-making order filed under RCW 34.05.360.

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

牋牋 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.

Subject Matter	WAC Chapter or Sections	Description (Contact the DEL Rules Coordinator at rules@del.wa.gov for current information on these rule actions.)牋牋牋牋牋牋牋牋	Emergency Rule (CR-103E)	Preproposal Notice (CR-101)	Proposed Rule (CR-102) and Public Hearing or (CR-105) Expedited Rule	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 fall 2010.	To be determined.
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 working in 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.	None.	N/A	N/A	N/A
Early childhood education and assistance program (ECEAP).	Chapter 170-100 WAC	Amending ECEAP rules consistent with 2010 HB 2371. The bill changes the definition of "eligible child" to include children eligible for special education regardless of income.	None.	Filed 5/13/10 as WSR 10-11-064.	Filed 7/7/10 as WSR 10-14-118. Public hearing 8/10/10.	Anticipated in fall 2010.
Working connections child care (WCCC) and seasonal child care (SCC) subsidy programs.	Chapter 170-290 WAC	Revising WCCC subsidy rules to implement 2010 HB [E2SHB] 3141 extending WCCC eligibility to twelve months for families with a child in head start, early head start or ECEAP.	None.	Filed 1/12/10 as WSR 10-03-033.	Filed 5/21/10 as WSR 10-11-127. Public hearings June 22, 23, 24, 25 and 26, 2010.	Filed 7/15/10 as WSR 10-15-063. Effective 8/15/10.
Working connections child care (WCCC) and seasonal child care (SCC) subsidy programs.	Chapter 170-290 WAC	Possible revisions to the WCCC rules to meet anticipated shortfalls in the state's WorkFirst budget, and to continue implementing 2010 HB [E2SHB] 3141.	None.	Filed 7/21/10 as WSR 10-15-116.	To be determined.	To be determined.
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 6/17/10 as WSR 10-13-104.	Filed 10/22/10 as WSR 09-22-012.	Proposed rule anticipated in August 2010; public hearings in Fall 2010.	Anticipated in fall 2010.
School-age child care programs and child care centers.	Chapters 170-151 and 170-295 WAC	Increasing licensing fees for school-age programs and child care centers as directed by the legislature in the 2010-11 Supplemental Operating Budget Bill, ESSB 6444, section 614(14).	Filed 6/14/10 as WSR 10-13-072.	Filed 6/14/10 as WSR 10-13-071.	Anticipated in August 2010; public hearings in Fall 2010.	Anticipated in fall 2010.
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 made its recommendations in July 2010. DEL will review the SOWA recommendations and write 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.	WAC 170-295-3030	Anticipated rule making due to a public petition (under RCW 34.05.330) to amend WAC 170-295-3030 When is a child or staff member too ill to be at child care?	None	Anticipated this period.	To be determined.	To be determined.
Child care centers.	Chapter 170-295 WAC	Review of this chapter is planned to start in 2011.	None.	To be determined.	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 plans to continue developing the formal proposed rules, hold public hearings, and adopt the final rules.	None	Filed 12/1/06 as WSR 06-24-051.	Anticipated in Fall 2010.	Anticipated in late 2010.
Department of early learning rules.	All chapters of TITLE 170 WAC	As DEL TITLE 170 WAC or other agency rules are revised, DEL may revise its rules to update names, references or other information to keep DEL rules current.	N/A	N/A	Expedited or proposed rule making as needed.	As needed.

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