WSR 14-11-016 EMERGENCY RULES DEPARTMENT OF EARLY LEARNING [Filed May 9, 2014, 8:40 a.m., effective May 9, 2014, 8:40 a.m.] Effective Date of Rule: Immediately upon filing.
Purpose: To allow family home child care applicants another means of meeting the requirement to have education equivalent to a high school diploma, i.e., by completing the department of early learning (DEL) approved early childhood education initial certificate.
Citation of Existing Rules Affected by this Order: Amending WAC 170-296A-1725.
Under RCW 34.05.350 the agency for good cause finds that immediate adoption, amendment, or repeal of a rule is necessary for the preservation of the public health, safety, or general welfare, and that observing the time requirements of notice and opportunity to comment upon adoption of a permanent rule would be contrary to the public interest; and that in order to implement the requirements or reductions in appropriations enacted in any budget for fiscal years 2009, 2010, 2011, 2012 or 2013, which necessitates the need for the immediate adoption, amendment, or repeal of a rule, and that observing the time requirements of notice and opportunity to comment upon adoption of a permanent rule would be contrary to the fiscal needs or requirements of the agency.
Reasons for this Finding: Emergency rules are needed to preserve the general welfare. Access to child care providers is lacking for many families across the state, with lack of providers a substantial contributing factor. Current education requirements for family home child care providers create a barrier to licensure for providers who demonstrate educational achievement by completing an early childhood education initial certificate, yet do not have a high school diploma or GED, twelve years of elementary and secondary education, a child development associate credential, or forty-five credits of post-secondary education. An emergency rule to allow that initial certificate to serve as "equivalent education" promotes access to care in accord with the general welfare. Observing the requirements of notice and comment rule making would be contrary to the public interest by delaying access. Further, emergency rules are needed to implement the appropriations enacted in the 2014 supplemental budget (chapter 221, Laws of 2014) funding the collective bargaining agreement between the state and SEIU Local 925 specifically regarding scholarships for SEIU 925 members. With that budget currently in effect, observation of notice and comment rule making is contrary to the fiscal needs of the agency.
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 0, 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 1, 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: May 9, 2014.
Elizabeth M. Hyde
Director
AMENDATORY SECTION (Amending WSR 13-21-112, filed 10/22/13, effective 11/22/13)
WAC 170-296A-1725 Licensee minimum education.
(1) For any initial family home child care license issued on or after March 31, 2012, the applicant must have a high school diploma.
(2) If the applicant does not have a high school diploma, he or she must submit written evidence of equivalent education. As used in this section, "equivalent education" means:
(a) Passing the general educational development (GED) tests;
(b) Completion of twelve years of elementary and secondary education;
(c) Possessing a current child development associate (CDA) credential as approved through the council for professional recognition; ((or))
(d) Completion of forty-five credits of post secondary education; or
(e) Completion of the department approved early childhood education initial certificate.
(3) In addition to equivalent education defined within this section, a family home child care licensee licensed prior to March 31, 2012, and continuously maintaining the license may meet the "equivalent education" requirement by achieving a level three rating in the early achievers program, Washington state's quality rating improvement system, prior to March 31, 2017.
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