WSR 17-03-102
AGENDA
DEPARTMENT OF
EARLY LEARNING
[Filed January 17, 2017, 9:50 a.m.]
The department of early learning (DEL) prepares a semi-annual rule-making agenda in January and July each year to let the public know about DEL rule changes that are underway or planned. DEL rules are part of the Washington Administrative Code (WAC), and permanent DEL rules can be found online at Title 170 WAC. Find current information about department rule-making activity online at DEL Rules Under Development. See additional notes following the table.
Semi-Annual Rule-Making Agenda Under RCW 34.05.314
January 1 Through July 31, 2017
Subject
Matter
and
Authority
WAC Chapter
or Sections
Description
Emergency
Rules
(CR-103E)
Preproposal
Notice
(CR-101)
Proposed Rule (CR-102) and Public Hearings
or
Expedited Rule (CR-105)
Permanent
Rule
(CR-103P)
Single set of licensing standards for child care and the early childhood education and assistance program (ECEAP).
RCW 43.215.060, 43.215.070; chapter 43.215 RCW
Possible revisions to chapters 170-06, 170-12, 170-290, 170-100 and 170-297 WAC.
Repealing chapters 170-295 and 170-296A WAC.
Creating a new WAC chapter.
Rule making to implement a single set of licensing standards for child care and ECEAP. The new WAC chapter will provide minimum health and safety standards for child care and preschool programs, rely on the standards established in the early achievers program to address quality issues in participating early childhood programs, take into account the separate needs of family care providers and child care centers and promote the continued safety of child care settings.
None
WSR 16-15-020
To be determined
To be determined
Environmental safety - early learning program premises.
Enacting a section in new chapter 170-300 WAC.
Repealing WAC 170-295-5070, 170-296A-1360,170-296A-1375, 170-296-1400, 170-296A-4000.
In response to Governor Inslee's Directive 16-06, the department of health issued recommendations for DEL and other agencies that are intended to reduce exposure to lead and other environmental hazards where children live, learn, and play. DEL is following those recommendations and plans to adopt rules to reduce children's exposure to lead and other environmental hazards for all premises on which early learning programs operate. This rule making is also part of the larger effort described above to develop a single set of licensing standards for child care and ECEAP.
None
WSR 16-24-086
To be determined
To be determined
Updating health and safety standards relating to safe sleep practices for infants and toddlers in the care of an early learning provider.
Enacting a section in new chapter 170-300 WAC.
Repealing WAC 170-295-4110 and 170-296A-7100.
Rule making is needed to update licensing rules pertaining to safe sleep practices in order to reduce infants' and toddlers' sleep-related incidents while in the care of early learning providers. This rule making is also part of the larger effort described above to develop a single set of licensing standards for child care and ECEAP.
None
WSR 16-24-091
To be determined
To be determined
Family, friends and neighbors program.
RCW 43.215.060, 43.215.070, chapter 43.215 RCW
Possible revisions to chapters 170-03 and 170-290 WAC.
New WAC chapter.
To comply with new requirements allowing Washington state to receive federal funding for subsidized child care provided by a family member, friend or neighbor, DEL anticipates engaging in rule making to address program eligibility, background check requirements, health and safety requirements, monitoring and inspection, administrative hearing rights, and other topics to be determined. Revisions to chapter 170-290 WAC may be necessary for consistency.
None
WSR 16-15-052
To be determined
To be determined
DEL's background check rules and director's list.
RCW 43.215.060, 43.215.070, chapter 43.215 RCW
Title 170 WAC and chapter 170-06 WAC
As a condition for licensure, early learning program providers must undergo a criminal history background check. DEL is reviewing its rules related to background checks, including WAC 170-06-0120, which sets out crimes that would disqualify an individual from providing child care. DEL anticipates rule making to revise chapter 170-06 WAC to ensure compliance with RCW 9.96A.020 while continuing to safeguard the health and safety of children in early learning programs.
None
WSR 16-15-043
To be determined
To be determined
Licensed school-age child care standards.
Chapter 170-297 WAC
Implementing chapter 231, Laws of 2016 to exempt early learning programs that operate on public or private school premises from regulations governing the physical facility environment.
None
WSR 16-15-051
To be determined
To be determined
Subsidized child care wait list.
43.215.070
New WAC 170-290-2210, 170-290-2220, 170-290-2230, 170-290-2240, and 170-290-3506
Budgetary limits on child care subsidy programs require rules for administering wait lists in the event consumer need exceeds program capacity. Proposed rules clarify how wait lists will be administered, including prioritization, when benefits start for a consumer who is taken off the wait list, withdrawal from and reinstatement to the wait list, and provider payment terms.
None
 
Expedited rule-making notice WSR 17-01-156
To be determined
Implementing early achievers participation requirements.
RCW 43.215.060, 43.215.070, chapter 43.215 RCW
WAC 170-290-0030
Update and create new rules to ensure the working connections child care and seasonal child care programs implement early achievers participation requirements for existing and new providers to be eligible for subsidy and to also develop remedial activities procedures for existing providers as required by the Early Start Act. After permanent rules took effect October 22, 2016, program administrators discovered WAC 170-290-0030 conflicted with the permanent rules and filed an expedited rule-making notice and proposed correction.
None
 
Expedited rule-making notice WSR 17-01-157
To be determined
Working connections and seasonal child care subsidy programs.
43.215.070, chapter 43.215 RCW
Chapter 170-290 WAC
DEL anticipates rule making that will:
•       Implement 2017-19 SEIU Local 925 collective bargaining agreement, including:
        º        Increasing base rates,
        º        Increasing providers' annual professional training days,
        º        Tracking absent days when a child is not scheduled and authorized for care, and
        º        Setting deadline by which DEL must return audit records requested from and produced by providers.
•       Implement recently enacted federal requirements to better serve homeless consumers, and
•       Make miscellaneous technical corrections throughout the chapter.
None
To be determined
To be determined
To be determined
Department of early learning rules—General.
RCW 43.215.060, 43.215.070, chapter 43.215 RCW
All chapters of Title 170 WAC
DEL may revise its rules to update, streamline, and improve efficiencies across all programs it administers and to implement legislation as required by the 2017 legislature.
To be determined
To be determined
To be determined
To be determined
Notes:
The DEL semi-annual rule-making agenda is prepared for information purposes only, and future 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.
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.
For more information about DEL rule making, or to join a mailing list to receive DEL rule notices and draft materials, please email Rules@del.wa.gov, or write to the DEL Rules Coordinator, P.O. Box 40970, Olympia, WA 98504-0970.
CR means "code reviser." The legislature's office of the code reviser creates the rule-making notice forms used and filed by all state agencies.
CR-101 is a preproposal statement of inquiry notice filed under RCW 34.05.310.
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.
CR-103E is an emergency rule-making order filed under RCW 34.05.350.
CR-103P is a permanent rule-making order filed under RCW 34.05.360.
CR-105 is an expedited rule-making notice filed under RCW 34.05.353.
WSR means "Washington State Register." The WSR numbers noted throughout this rules agenda are the official filing numbers assigned by the office of the code reviser and entered on materials filed for legal publication in the State Register.