WSR 15-20-069
EMERGENCY RULES
DEPARTMENT OF
EARLY LEARNING
[Filed October 2, 2015, 10:48 a.m., effective October 9, 2015]
Effective Date of Rule: October 9, 2015.
Purpose: To remove the term "nonsectarian" from WAC 170-100-030 and 170-100-040 and to elaborate on the types of organizations that can participate in the early childhood education and assistance program (ECEAP) so long as the organization's program is free from religious instruction, activities or symbolism. Additionally, revising these rules keeps them aligned with statutory changes made to RCW 43.215.415 and 43.215.430 by the Early Start Act.
Citation of Existing Rules Affected by this Order: Amending WAC 170-100-030 and 170-100-040.
Statutory Authority for Adoption: RCW 43.215.070, chapter 43.215 RCW.
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.
Reasons for this Finding: Emergency rules are necessary for the preservation of the public health, safety, and general welfare because the Early Start Act (passed during the 2015 legislative session) made statutory changes to the ECEAP program. Specifically, the word "nonsectarian" was removed to allow all organizations to participate in the ECEAP program. The Early Start Act becomes effective on October 9, 2015, and requires rule changes to the ECEAP rules chapter in order to align with the statutes. Observing the time requirements of notice and opportunity to comment on the adoption of permanent rules would be contrary to the public interest as a conflict would develop between the statute and rule and create confusion among the public.
Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.
Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 0, Repealed 0.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 2, Repealed 0.
Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.
Date Adopted: October 2, 2015.
Ross Hunter
Director
AMENDATORY SECTION (Amending WSR 07-20-034, filed 9/25/07, effective 10/26/07)
WAC 170-100-030 Definitions.
(1) "Contractor" means a ((nonsectarian)) public or private organization that contracts with the department of early learning to provide local early childhood education and assistance services.
(2) "Department" means the department of early learning.
(3) "Director" means the director of the department of early learning.
AMENDATORY SECTION (Amending WSR 06-18-085, filed 9/5/06, effective 9/5/06)
WAC 170-100-040 Process for allocating or awarding funds.
(1) Public or private ((nonsectarian)) organizations are eligible to apply for funding as early childhood education and assistance programs. These organizations may include, but are not limited to, school districts, educational service districts, community and technical colleges, local governments, nonprofit organizations, for-profit organizations, and sectarian organizations providing that the early childhood education and assistance program is free from religious instruction, activities, or symbolism.
(2) Funds shall be awarded on a competitive basis or allocated by the department, consistent with the amount allocated by the legislature.
(3) An applicant must use the application procedures established by the department.
(4) Successful applicants will be awarded a contract with the department. This contract must be signed by an official with authority to bind the recipient.