WSR 19-17-020

EMERGENCY RULES

DEPARTMENT OF

CHILDREN, YOUTH, AND FAMILIES

[Filed August 12, 2019, 6:26 p.m., effective August 12, 2019, 6:26 p.m.]

Effective Date of Rule: Immediately upon filing.

Purpose: Updating rules in early childhood education and assistance program (ECEAP), chapter 110-425 WAC, to include 2019 legislative session changes of 2SSB 5437 and SSB 5089 that modify requirements related to enrollment of children in the early childhood education and assistance program.

Citation of Rules Affected by this Order: New WAC 110-425-0085; and amending WAC 110-425-0030 and 110-425-0080.

Statutory Authority for Adoption: RCW 43.216.065, 43.216.525, 43.216.512.

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: Necessary for the preservation of the general welfare of the public, and observing the time requirements would be contrary to the public interest.

Reasons:


•	Without emergency rules, ECEAP is unable to meet the intent of 2SSB 5437 and SSB 5089 for the 2019-20 school year. The earliest date that permanent rules could take effect is after enrollment requirements and timelines have passed. The legislature intended the department of children, youth, and families (DCYF) to implement, as soon as possible, these changes that remove barriers to high quality early learning opportunities that ECEAP provides and are proven to increase kindergarten readiness, family stability, and healthy outcomes for children and their families. Without emergency rules:

•

Without emergency rules, ECEAP is unable to meet the intent of 2SSB 5437 and SSB 5089 for the 2019-20 school year. The earliest date that permanent rules could take effect is after enrollment requirements and timelines have passed. The legislature intended the department of children, youth, and families (DCYF) to implement, as soon as possible, these changes that remove barriers to high quality early learning opportunities that ECEAP provides and are proven to increase kindergarten readiness, family stability, and healthy outcomes for children and their families. Without emergency rules:


º	Contractors will have to turn away children and families transitioning from early support for infants and toddlers or early head start who will not have any services available to them for one full year.
º	Contractors will have to turn away children and families in the allowable category who have the opportunity to participate in ECEAP.
º	Contractors may not have enough funding to serve eligible, entitled children if they do not also have the funding for these allowed children.
º	There is high potential for family and community disruption due to DCYF needing to pull open slots away from contractors.
º	Washington state would be paying for unfilled seats when there are children available to be served.

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 1, Amended 2, Repealed 0.

Number of Sections Adopted at the 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 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 0, Repealed 0.

Date Adopted: August 12, 2019.

Brenda Villarreal

Rules Coordinator

Reviser's note: The material contained in this filing exceeded the page-count limitations of WAC 1-21-040 for appearance in this issue of the Register. It will appear in the 19-18 issue of the Register.