WSR 10-18-065

PROPOSED RULES

DEPARTMENT OF

EARLY LEARNING

[ Filed August 30, 2010, 11:10 a.m. ]

Original Notice.

Preproposal statement of inquiry was filed as WSR 10-13-071.

Title of Rule and Other Identifying Information: Amending WAC 170-151-070 How do I apply for a license? and 170-295-0060 What are the requirements for applying for a license to operate a child care center?

Hearing Location(s): 1. Southwest Washington Educational Services District 112, 2500 N.E. 65th Avenue, Vancouver, 98661-6812, on Thursday, October 7, 2010, 6:30 p.m. to 9:00 p.m.

You may join this hearing at any time from 6:30 to 9:00 p.m. Those who cannot join this hearing in person may participate live at the following locations by video conference at Educational Services District 123, 3918 West Court Street, Blue Mountain Room, Pasco, 99301; and Puget Sound Educational Services District 121, 800 Oakesdale Avenue S.W., Puyallup Room, Renton, 98057-5221.

2. Yakima Valley Community College, Parker Room, South 16th Avenue and Nob Hill Boulevard, Yakima, WA 98902, on Saturday, October 9, 2010, at 10:00 a.m. to 12:30 p.m. You may join this hearing anytime from 10:30 a.m. to 12:30 p.m.

Everyone who comments on the proposed rules, either in writing or at a public hearing, will receive the department's combined written response, called a concise explanatory statement. This statement is also available to anyone who requests it, by contacting the department of early learning (DEL) rules coordinator at the address above, or by e-mail at Rules@del.wa.gov.

Date of Intended Adoption: After October 11, 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 11:59 p.m., October 10, 2010.

Assistance for Persons with Disabilities: Contact Andy Fernando, rules coordinator, by October 1, 2010.

Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: The legislature adopted a 2010-2011 supplemental operating budget bill - section 614(14), chapter 37, Laws of 2010, 1st sp. sess., that included proviso language directing DEL to increase annual child care center licensing fees by fifty-two dollars for the first twelve children plus an additional four dollars for each additional child up to the center's capacity noted on the facility's license. With the increase, the total annual license fee would [be] one hundred dollars for the first twelve children, and eight dollars for each additional child. The fee increase applies to child care centers and school-age center programs licensed by DEL.

DEL filed emergency rules making the child care center license fee increase effective July 1, 2010, filing number WSR 10-13-072. This proposal is to adopt the revised fee as a permanent rule.

Reasons Supporting Proposal: RCW 43.215.255 requires that child care licensing fees be set in rule. The legislature raised the child care center license fees as one of several measures intended to make up a projected $2.8 billion shortfall in the state general fund budget in fiscal year 2011, and budget shortfalls projected in future years. Child care license fees collected are deposited into the state general fund and are not retained by DEL.

Statutory Authority for Adoption: RCW 43.215.255, chapter 43.215 RCW.

Statute Being Implemented: Section 614, chapter 37, Laws of 2010, 1st sp. sess.

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

Name of Proponent: DEL, governmental.

Name of Agency Personnel Responsible for Drafting: Andy Fernando, DEL, Lacey, Washington, (360) 725-4397; Implementation and Enforcement: DEL field offices, statewide.

No small business economic impact statement has been prepared under chapter 19.85 RCW. The licensing fee increase is directed by statute.

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.

August 26, 2010

Elizabeth M. Hyde

Director

OTS-3284.1


AMENDATORY SECTION(Amending WSR 08-10-041, filed 4/30/08, effective 5/31/08)

WAC 170-151-070   How do I apply or reapply for a license?   (1) You must comply with the department's application procedures and submit to the department:

(a) A completed department-supplied application for school-age child care center license, including attachments, ninety or more days before the:

(i) Expiration of your current license;

(ii) Opening date of your center;

(iii) Relocation of your center; or

(iv) Change of the licensee.

(b) A completed background check form for each staff person or volunteer having unsupervised or regular access to the child in care; and

(c) The annual licensing fee((. The fee)) is:

(i) For new licenses issued by the department before July 1, 2010, or for licensees whose annual licensing fees are due before July 1, 2010, forty-eight dollars per year for the first twelve children plus four dollars for each additional child over the licensed capacity of twelve children; or

(ii) For new licenses issued after June 30, 2010, or for licensees whose annual licensing fees are due after June 30, 2010, one hundred dollars per year for the first twelve children plus eight dollars for each additional child over the licensed capacity of twelve children.

(2) In addition to the required application materials specified under subsection (1) of this section, you must submit to the department:

(a) An employment and education resume of the person responsible for the active management of the center and of the site coordinator;

(b) Copies of diplomas or education transcripts of the director and site coordinator; and

(c) Three professional references each for you, the director, and the site coordinator.

(3) You, as the applicant for a license under this chapter must be twenty-one years of age or older.

(4) You must conform to rules and regulations approved or adopted by the:

(a) State department of health and relating to the health care of children at school-age child care centers;

(b) State fire marshal's office, establishing standards for fire prevention and protection of life and property from fire, under chapter 212-12 WAC.

(5) The department must not issue a license to you until the state fire marshal's office has certified or inspected and approved the center.

(6) The department may exempt a school site possessing a fire safety certification signed by the local fire official within six months prior to licensure from the requirement to receive an additional fire safety inspection by the state fire marshal's office.

(7) You must submit a completed plan of deficiency correction, when required, to the department of health and the department licensor before the department will issue you a license.

(8) You, your director and site coordinator must attend department-provided orientation training.

[Statutory Authority: Chapter 43.215 RCW, RCW 43.43.832, 2006 c 265 and 2007 c 387. 08-10-041, 170-151-070, filed 4/30/08, effective 5/31/08. 06-15-075, recodified as 170-151-070, filed 7/13/06, effective 7/13/06. Statutory Authority: RCW 74.15.020. 01-02-031, 388-151-070, filed 12/22/00, effective 1/22/01. Statutory Authority: Chapter 74.15 RCW. 93-02-020 (Order 3493), 388-151-070, filed 12/30/92, effective 1/30/93.]

OTS-3283.1


AMENDATORY SECTION(Amending WSR 08-10-041, filed 4/30/08, effective 5/31/08)

WAC 170-295-0060   What are the requirements for applying for a license to operate a child care center?   (1) To apply or reapply for a license to operate a child care center you must:

(a) Be twenty-one years of age or older;

(b) The applicant, director and program supervisor must attend the orientation programs that we provide, arrange or approve;

(c) Submit to us a completed and signed application for a child care center license or certification using our forms (with required attachments).

(2) The application package must include the following attachments:

(a) The annual licensing fee. The fee is based on your licensed capacity, and is:

(i) For new licenses issued by the department before July 1, 2010, or for licensees whose annual licensing fees are due before July 1, 2010, forty-eight dollars for the first twelve children plus four dollars for each additional child over the licensed capacity of twelve children; or

(ii) For new licenses issued after June 30, 2010, or for licenses whose annual license fees are due after June 30, 2010, one hundred dollars per year for the first twelve children plus eight dollars for each additional child over the licensed capacity of twelve children;

(b) If the center is solely owned by you, a copy of your:

(i) Photo identification issued by a government entity; and

(ii) Social Security card that is valid for employment or verification of your employer identification number.

(c) If the center is owned by a corporation, verification of the corporation's employer identification number;

(d) An employment and education resume for:

(i) The person responsible for the active management of the center; and

(ii) The program supervisor.

(e) Diploma or education transcript copies of the program supervisor;

(f) Three professional references each, for yourself, the director, and the program supervisor;

(g) Articles of incorporation if you choose to be incorporated;

(h) List of staff (form is provided in the application);

(i) Written parent communication (child care handbook);

(j) Copy of transportation insurance policy (liability and medical);

(k) In-service training program (for facilities employing more than five persons);

(l) A floor plan of the facility drawn to scale;

(m) A copy of your health care plan reviewed and signed by an advisory physician, physician's assistant, or registered nurse;

(n) A copy of your policies and procedures that you give to parents; and

(o) A copy of your occupancy permit.

(3) You must submit to the department a completed background check form for all persons required to be authorized by DEL to care for or have unsupervised access to the children in care under chapter 170-06 WAC; and

(4) You must submit your application and reapplication ninety or more calendar days before the date:

(a) You expect to open your new center;

(b) Your current license is scheduled to expire;

(c) You expect to relocate your center;

(d) You expect to change licensee; or

(e) You expect a change in your license category.

[Statutory Authority: Chapter 43.215 RCW, RCW 43.43.832, 2006 c 265 and 2007 c 387. 08-10-041, 170-295-0060, filed 4/30/08, effective 5/31/08. 06-15-075, recodified as 170-295-0060, filed 7/13/06, effective 7/13/06. Statutory Authority: Chapters 74.12 and 74.15 RCW. 04-09-093, 388-295-0060, filed 4/20/04, effective 5/21/04; 03-14-110, 388-295-0060, filed 6/30/03, effective 8/1/03.]

Washington State Code Reviser's Office