WSR 19-01-034

PROPOSED RULES

DEPARTMENT OF

CHILDREN, YOUTH, AND FAMILIES

[Filed December 12, 2018, 11:07 a.m.]

Original Notice.

Preproposal statement of inquiry was filed as WSR 18-09-120.

Title of Rule and Other Identifying Information: New chapter 110-300D WAC, Outdoor preschool pilot project, WAC 110-300D-0001 Authority, 110-300D-0005 Findings and intent, 110-300D-0010 Definitions, 110-300D-0015 Pilot project licenses—Licensing rules, 110-300D-0020 Denial, modification, suspension, and revocation of a pilot project license—Right of review, and 110-300D-0025 Process of seeking review.

Hearing Location(s): On January 24, 2019, at 1:00 p.m., at 1110 Jefferson Street S.E., St. Helens Conference Room, Olympia, WA.

Date of Intended Adoption: January 30, 2019.

Submit Written Comments to: Department of Children, Youth, and Families (DCYF), Rules Coordinator, P.O. Box 40975, email dcyf.rulescoordinator@dcyf.wa.gov, fax 360-902-7903, by January 24, 2019. Submit comments online at https://del.wa.gov/PolicyProposalComment/Detail.aspx.

Assistance for Persons with Disabilities: Contact DCYF Rules Coordinator, phone 360-902-7956, fax 360-902-7903, email dcyfrulescoordinator@dcyf.wa.gov [dcyf.rulescoordinator@dcyf.wa.gov], by January 21, 2018 [2019].

Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: The proposed rules establish (1) how to apply to participate in an outdoor preschool pilot, (2) the criteria the department will consider when reviewing applications and selecting pilot participants, and (3) the minimum terms and conditions applicants must agree to in order to participate in the pilot. The proposed rules also establish what constitutes enforcement actions for pilot participants and clarify their appeal rights.

Reasons Supporting Proposal: The department is implementing a legislatively mandated pilot project to explore the possibility of licensing outdoor preschools. The proposed rules establish an application and selection process that promotes consistent fair treatment for applicants. Additionally, the department must actively protect the health and safety of children enrolled in regulated programs and the proposed rules ensure that pilot participants are completing background checks and adhering to health and safety requirements the department determines are necessary for the pilot. Finally, the department is the lead agency that administers the federal child care development fund for the state of Washington and must ensure that pilot participants comply with federal requirements if they enroll children who participate in the working connections child care program.

Statutory Authority for Adoption: RCW 43.216.055, 43.216.065 and 43.216.740; chapter 43.216 RCW.

Statute Being Implemented: RCW 43.216.740.

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

Name of Proponent: DCYF, governmental.

Name of Agency Personnel Responsible for Drafting: Debbie Groff, Tri-Cities, 509-380-4247; Implementation and Enforcement: DCYF, statewide.

A school district fiscal impact statement is not required under RCW 28A.305.135.

A cost-benefit analysis is not required under RCW 34.05.328. DCYF is not among the agencies listed as required to comply with RCW 34.05.328 (5)[(a)](i). DCYF does not voluntarily make that section applicable to the adoption of the proposed rules.

The proposed rule does impose more-than-minor costs on businesses.

Small Business Economic Impact Statement

RCW 43.216.740 requires DCYF to establish a four year pilot project to license "outdoor nature-based early learning and child care programs" (outdoor preschools). As provided in RCW 43.216.740, the pilot began on August 31, 2017, and ends June 30, 2021.

Proposed chapter 170-300D [110-300D] WAC will establish procedural requirements for participating in the pilot. These proposed rules reference a separate document that outdoor preschool pilot participants must sign in order to participate in the pilot project, the outdoor classroom agreement (agreement). One stipulation of this agreement is that outdoor preschools must adhere to the programmatic, health, and safety standards set out in another document, the touchstone standards (standards). These standards can be found on the DCYF web site at https://www.dcyf.wa.gov/sites/default/files/pdf/outdoor_preschool_pilot_standards.pdf. WAC 110-300D-0100 of these standards requires all participating outdoor preschool provider position types, licensees, directors, assistant directors, program supervisors, lead teachers, assistant teachers, instructional aides, aides, and volunteers, to obtain certain professional credentials. To comply with this section, an outdoor preschool program and its employees must achieve or complete each requirement listed under the applicable subsection prior to assuming the responsibilities of that position. Subsections include qualifications such as age limits, educational achievements, time commitments, training requirements, creating a program curriculum, ensuring staff-to-child ratios are met, and more. WAC 110-300D-0106 of the standards requires only those staff at programs that are located more than thirty minutes from emergency medical care to obtain a wilderness first aid certificate. This certificate is in lieu of the regular first aid certificate. Additionally, operating standards require pilot participants to provide meals and snacks for children in attendance who do not bring their own food as well as comply with safety requirements.

Proposed chapter 110-300D WAC, through the use of the agreement and standards, requires outdoor preschool pilot project participants to be of a certain age, achieve educational requirements, meet regulatory standards (such as developing a program curriculum or adhering to staff-to-child ratios), complete training, perform duties applicable to their role, etc. For the most part, the requirements of this section do not have a cost associated with them because they are duties a provider must perform such as providing support to staff, setting educational goals, having a certain number of years' experience in a child care setting, etc. However, the requirements to obtain educational certificates do impose new costs on provider roles that did not have these requirements before. Under proposed chapter 110-300D WAC, the agreement, and the standards; the roles below require the following early childhood education (ECE) or other certifications:

Outdoor preschool implementing programs:

The estimated cost to complete each certification without any prerequisite courses is as follows:

The estimated cost for preservice screening of all providers:

Child care basics training is required in WAC 110-300D-0106 of the standards and must be completed by all outdoor preschool staff. Child care basics is a series of training modules that cover recognizing and reporting child abuse, emergency preparedness, serving children experiencing homelessness, child restraint procedures, and medication management.

Additional training requirements are first aid, bloodborne pathogens, and CPR and outdoor preschool staff who will serve food must obtain a food worker card. Probable cost of these trainings:

The estimated cost to obtain a certificate that may be specific to outdoor preschools located thirty minutes from emergency medical services:

Lastly, if an outdoor preschool elects to engage in developmentally appropriate water activities in bodies of water more than twenty-four inches deep, there will have to be a lifeguard present. Outdoor preschools may elect to have a staff member be the lifeguard. The estimated cost of lifeguard training is $239.

Additionally, proposed chapter 110-300D WAC, through the use of the agreement and standards, requires outdoor preschool pilot project participants to provide meals and snacks to children in care, unless the children bring their food. USDA child care meal and snack rates per child are:

Finally, there are safety standards to keep children within the preschool boundaries, outfitted with weather appropriate clothing, and to keep a first aid kit on premises and replenish the contents as they are used. Pilot participants must purchase a $30 first aid kit and replenish the contents as needed and traffic cones at an approximate cost of $12 each to establish program boundaries. The cost for weather appropriate clothing varies widely since programs receive donations and purchase used clothing. Some parents and families provide extra clothes for their own child.

The cost to complete certification requirements are available online, typically through a college of learning program's web site. This statement assumes an implementer is required to complete a new certification under proposed chapter 110-300D WAC, the agreement, and the standards without having completed any prerequisite courses. Costs are estimated based on completing each certificate from the starting point. Accordingly, even the least expensive certificate ($2,208) costs more than both the minor-cost threshold based on payroll ($1,548) and the minor-cost threshold based on receipts ($938) for the child care/early learning industry in Washington state.

If an outdoor preschool implementer program elects to cover the cost for providers already working in the program, or those promoted from one role to another within the program, the proposed rule would impose more-than-minor costs. The cost would also depend on how many providers working for an implementer would be required to complete new certifications. Alternatively, if a program elects not to cover the cost for a provider to complete applicable certifications, proposed chapter 110-300D WAC, the agreement and the standards would not impose any cost on the program.

Proposed chapter 110-300D WAC, the agreement and the standards only impact small businesses. There are no large businesses that operate as outdoor preschools in Washington state.

Education Requirements: The proposed rules are expressly for administering the pilot described in section 1. For implementers who do not meet the education requirements, DCYF has established equivalencies that will satisfy the education requirements. Equivalencies are department-recognized alternative credentials or demonstrated competency (skills and experience).

Meals: DCYF is allowing parents and families to provide their child's food. If any pilot participant supplies food, it is limited to a snack. When the pilot ends on June 30, 2018, DCYF will assess the feasibility of licensing outdoor preschools. If licensing occurs, DCYF will determine if chapter 110-300 WAC, Foundational quality standards for early learning programs, is sufficient for licensing these programs or if it must engage in rule making.

RCW 43.216.740 requires that DCYF convene an advisory group of outdoor nature-based early learning practitioners. In August 2017, DCYF and stakeholders in the outdoor preschool industry formed the outdoor preschool advisory group (OPAG) and began meeting regularly. From January - July 2018, OPAG met monthly via webinar or in-person meeting to discuss and develop the proposed standards, and all OPAG members were encouraged to work with their communities to provide feedback via survey, as well.

None. Participation in the pilot is voluntary and DCYF has establish[ed] equivalencies of training, skills, and experience for staff members of the participating preschools who do not meet the education requirement.

A copy of the statement may be obtained by contacting DCYF Rules Coordinator, P.O. Box 40975, phone 360-902-7956, fax 360-902-7903, email dcyf.rulescoordinator@dcyf.wa.gov.

December 12, 2018

Brenda Villarreal

Rules Coordinator

Chapter 110-300D WAC