WSR 17-01-083
PERMANENT RULES
DEPARTMENT OF
EARLY LEARNING
[Filed December 16, 2016, 8:50 a.m., effective January 16, 2017]
Effective Date of Rule: Thirty-one days after filing.
Purpose: Better clarify early childhood education and assistance program contractors' background check requirements. Specifically, the amendment explains who must undergo a fingerprint background check and the conditions that require a background check. The amendment also confirms it is the contractor's responsibility to ensure that background checks are completed when required.
Citation of Existing Rules Affected by this Order: Amending WAC 170-100-090.
Statutory Authority for Adoption: RCW 43.215.070, chapter 43.215 RCW.
Adopted under notice filed as WSR 16-14-099 on July 5, 2016.
Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.
Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 1, Repealed 0.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 1, Repealed 0.
Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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: September 20, 2016.
Ross Hunter
Director
AMENDATORY SECTION (Amending WSR 15-24-040, filed 11/20/15, effective 1/1/16)
WAC 170-100-090 Staff qualifications.
(1) Contractors must provide adequate staff to comply with all ECEAP performance standards.
(2) Contractors must ((ensure that all ECEAP)) require their staff and other persons associated with the contractor that are considered to be a "subject individual" as defined in WAC 170-06-0020, and who may have unsupervised access to children ((comply)), to obtain a fingerprint background check in compliance with the ((background check procedures in)) requirements of RCW 43.215.215, 43.215.425 and chapter 170-06 WAC.
(3) All persons serving in the role of ECEAP lead teacher must meet one of the following qualifications:
(a) An associate or higher degree with the equivalent of thirty college quarter credits of early childhood education. These thirty credits may be included in the degree or in addition to the degree; or
(b) A valid Washington state teaching certificate with an endorsement in early childhood education (pre-K - grade 3) or early childhood special education.
(4) All persons serving in the role of ECEAP assistant teacher must meet one of the following qualifications:
(a) Employment as an early childhood education and assistance program assistant teacher in the same agency before July 1, 1999;
(b) The equivalent of twelve college quarter credits in early childhood education;
(c) Initial or higher Washington state early childhood education certificate; or
(d) A current Child Development Associate (CDA) credential awarded by the Council for Early Childhood Professional Recognition.
(5) All persons serving in the role of ECEAP family support staff must meet one of the following qualifications:
(a) Employment as an early childhood education and assistance program family support staff in the same agency before July 1, 1999;
(b) An associate's or higher degree with the equivalent of thirty college quarter credits of adult education, human development, human services, family support, social work, early childhood education, child development, psychology, or another field directly related to their job responsibilities. These thirty credits may be included in the degree or in addition to the degree; or
(c) A degree, credential or certificate from a comprehensive and competency-based program that increases knowledge and skills in providing direct family support services to families.
(6) All persons serving in the role of ECEAP health advocate must meet one of the following qualifications:
(a) Employment as an early childhood education and assistance program family support aide or health aide in the same agency before July 1, 2014; or
(b) The equivalent of twelve college quarter credits in family support, public health, health education, nursing, or another field directly related to their job responsibilities.
(7) The early childhood education and assistance program health consultant must meet one of the following qualifications:
(a) Licensed in Washington state as a registered nurse (R.N.) or physician (M.D., N.D., D.O.); or
(b) A bachelor's or higher degree in public health, nursing, health education, health sciences, medicine, or related field.
(8) The early childhood education and assistance program nutrition consultant must meet one of the following qualifications:
(a) Registered dietitian (RD) credentialed through the Commission on Dietetic Registration (CDR), the credentialing agency for the Academy of Nutrition and Dietetics (formerly the American Dietetic Association); or
(b) Washington state certified nutritionist under chapter 18.138 RCW.
(9) The early childhood education and assistance program mental health consultant must meet one of the following qualifications:
(a) Licensed by the Washington state department of health as a mental health counselor, marriage and family therapist, social worker, psychologist, psychiatrist, or psychiatric nurse;
(b) Approved by the Washington state department of health as an agency affiliated or certified counselor, with a master's degree in counseling, social work or related field; or
(c) Credentialed by the Washington state office of the superintendent of public instruction as a school counselor, social worker, or psychologist.
(10) Contractors must hire and employ staff who meet the qualifications for their position.
(a) If the best candidate for the position is not fully qualified, the contractor must ensure the newly hired staff person is on a professional development plan (PDP) to fully meet the qualifications of their role within five years from the date of hire.
(b) Contractors must monitor progress on all PDPs and ensure staff make adequate yearly progress to meet the required qualifications.
(11) Equivalent degrees and certificates from other states and countries are accepted for ECEAP staff qualifications.