
•	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.

(1) "Child allowed for enrollment" means a child that DCYF may permit to be enrolled in ECEAP under RCW 43.216.512, but who is not in the group that will be entitle to ECEAP beginning in the 2022-23 school year under RCW 43.216.556.

"Child eligible for enrollment" means a child who is eligible for ECEAP under RCW 43.216.505(4). This child is in the group that will be entitled to ECEAP beginning in the 2022-23 school year under RCW 43.216.556. Under RCW 43.216.514, a child eligible for enrollment must be given enrollment priority over a child allowed for enrollment. "Eligible child" will have the same meaning as "child allowed for enrollment."

"Contractor" means a public or private organization that contracts with the department of children, youth, and families to provide local ECEAP services.

(2) "Department" means the department of children, youth, and families.

(3) "ECEAP" means the early childhood education and assistance program.

(4) "Eligible organization" means public or private organizations including, but not limited to, school districts, educational service districts, community and technical colleges, local governments, nonprofit organizations, and for-profit organizations provided that their proposed ECEAP is free from religious instruction, activities, or symbolism.

"Federal poverty level" or "FPL" means the measure of income in relation to family size issued by the federal U.S. department of health and human services and used to calculate ECEAP income eligibility.

(5) "Performance standards" means the most current release of the ECEAP performance standards as incorporated into the ECEAP contract, which are accessible on the department's website.

[Statutory Authority: RCW 43.216.065, 43.216.512, and 43.216.525. WSR 19-03-041, § 110-425-0030, filed 1/8/19, effective 2/8/19. WSR 18-14-078, recodified as § 110-425-0030, filed 6/29/18, effective 7/1/18. Statutory Authority: RCW 43.215.070, chapter 43.215 RCW. WSR 16-01-098, § 170-100-030, filed 12/16/15, effective 1/16/16. Statutory Authority: Chapter 43.215 RCW. WSR 07-20-034, § 170-100-030, filed 9/25/07, effective 10/26/07. WSR 06-18-085, recodified as § 170-100-030, filed 9/5/06, effective 9/5/06. Statutory Authority: Chapter 28A.215 RCW. WSR 06-13-046, § 365-170-030, filed 6/16/06, effective 7/17/06. Statutory Authority: RCW 43.63A.060. WSR 99-19-176, § 365-170-030, filed 9/22/99, effective 10/23/99. Statutory Authority: RCW 28A.34A.060. WSR 88-18-039 (Order 88-04), § 365-170-030, filed 8/31/88. Statutory Authority: RCW 43.63A.060. WSR 87-04-007 (Order 87-02), § 365-170-030, filed 1/23/87.]

[AMENDATORY SECTION(Amending WSR 19-03-041, filed 1/8/19, effective 2/8/19)]

WAC 110-425-0080Eligibility for servicesChildren eligible for enrollment.

(1) A child is eligible for enrollment in ECEAP if the child is at least three years old by August 31st of the school year, is not age-eligible for kindergarten, and is either:

(a) From a family with income at or below one hundred ten percent of the federal poverty guidelines established by the U.S. department of health and human services;

(b) Qualified by a school district for special education services under RCW 28A.155.020. All children on a school district individualized education program (IEP) meet this requirement; or

(b) From a family with income at or below one hundred ten percent of the federal poverty guidelines established by the U.S. Department of Health and Human Services; or

(c) From a family with income that exceeds one hundred ten percent federal poverty level ("over-income") and is homeless or is impacted by specific risk factors identified byincorporated into the department'sthat are linked by research to school performance, provided thatprioritization system described in WAC 110-425-0085(4) which includes preference for enrollment of children from families with the lowest income, children in foster care, or children from families with multiple needs.noNo more than ten percent of slots statewide are enrolled with children eligible under this provision.

(2) Contractors may provide ECEAP services to over-income children without IEPs as follows:

(a) Contractors must actively recruit and enroll income-eligible children within their service area.

(b) Contractors may enroll over-income children without IEPs up to the initial over-income limit assigned by the department to each contractor annually.

(i) This limit is based on contractor size; contractors with fewer funded ECEAP slots are allowed higher over-income percentages to provide flexibility to fill classes in rural areas.

(ii) For sites operated by tribes or tribal organizations, the department will set initial over-income limits at twenty-five percent.

(iii) The department may adjust limits midyear if slots are moved between contractors.

(c) Contractors may apply for additional over-income slots for the current year using the application provided by the department if:

(i) The contractor has enrolled all assigned over-income slots;

(ii) Additional funded slots are available; and

(iii) Efforts to recruit income-eligible children within the contractor's service area have been exhausted.

(d) The department will consider the following factors when reviewing applications for additional over-income slots:

(i) The statewide number of enrolled over-income children without IEPs must not equal more than twenty-five percent of the total funded ECEAP slots;

(ii) The similarity of the income levels, risk factors, and priority points of the children described in the applications and other ECEAP children enrolled in over-income slots;

(iii) The statewide plan to serve all income-eligible children from families who choose to participate;

(iv) The requesting contractor's need to fill slots to fully enroll a class to ensure access to services for income-eligible children; and

(v) The presence of unserved, income-eligible children in other locations in the state.

(3) Eligible, enrolledEnrolled children maintain their eligibilityremain qualified for ECEAP until kindergarten, without reverification of income or risk factors. All previously enrolled children returning for a new school year may be reprioritized against new children when enrollment slots are limited.

(4)(3) Children are not eligible formay not be enrolled in ECEAP if they are enrolled in Head Start, however Head Start duration funds may be used to increase the length of the ECEAP preschool day when federal funds are provided to a contractor specifically for this purpose.

(5)(4) Children served by school district special education may be simultaneously enrolled in ECEAP.

(6) Once contractors have established a pool of eligible children, contractors must prioritize the eligible children for available ECEAP slots using the department priority point system which is based on state law and department review of research linking risk factors to school performance, including:

(a) For children eligible by income or qualification for special education, prioritization of children from families with the lowest incomes, children in foster care, and families with multiple needs;

(b) For over-income children eligible under subsection (1)(c) of this section, prioritization of children experiencing homelessness or impacted by specific developmental or environmental risk factors that are linked by research to school performance;

(c) For allowable children from over-income families who are not eligible nor proposed to be entitled to ECEAP in 2022-2023, prioritization of children experiencing homelessness, involved in the child welfare system, or with a developmental delay or disability that does not meet the eligibility criteria for special education provided for in RCW 28A.155.020;

(d) Child age, with priority for children who are within one year of kindergarten age; and

(e) State law requiring ECEAP priority for children in foster care, in the child welfare system, homeless, in families with the lowest income, or in families with multiple risk factors.

[Statutory Authority: RCW 43.216.065, 43.216.512, and 43.216.525. WSR 19-03-041, § 110-425-0080, filed 1/8/19, effective 2/8/19. WSR 18-14-078, recodified as § 110-425-0080, filed 6/29/18, effective 7/1/18. Statutory Authority: RCW 43.215.060, 43.215.070 and chapter 43.215 RCW. WSR 14-14-055, § 170-100-080, filed 6/26/14, effective 7/27/14. Statutory Authority: RCW 43.215.020, 43.215.070, and 2010 c 231. WSR 10-20-059, § 170-100-080, filed 9/27/10, effective 10/28/10. WSR 06-18-085, recodified as § 170-100-080, filed 9/5/06, effective 9/5/06. Statutory Authority: Chapter 28A.215 RCW. WSR 06-13-046, § 365-170-080, filed 6/16/06, effective 7/17/06. Statutory Authority: RCW 43.63A.060. WSR 99-19-176, § 365-170-080, filed 9/22/99, effective 10/23/99. Statutory Authority: RCW 28A.34A.060. WSR 88-18-039 (Order 88-04), § 365-170-080, filed 8/31/88. Statutory Authority: RCW 43.63A.060. WSR 87-04-007 (Order 87-02), § 365-170-080, filed 1/23/87.]

Reviser's note: RCW 34.05.395 requires the use of underlining and deletion marks to indicate amendments to existing rules. The rule published above varies from its predecessor in certain respects not indicated by the use of these markings.

Reviser's note: The brackets and enclosed material in the text of the above section occurred in the copy filed by the agency and appear in the Register pursuant to the requirements of RCW 34.08.040.

Reviser's note: The typographical errors in the above section occurred in the copy filed by the agency and appear in the Register pursuant to the requirements of RCW 34.08.040.

Reviser's note: The bracketed material preceding the section above was supplied by the code reviser's office.

NEW SECTION

WAC 110-425-0083Additional children allowed for enrollment.

(1) A child is allowed for enrollment in ECEAP as space is available if the child is at least three years old by August 31st of the enrollment school year and is not age-eligible for kindergarten; and is either:

(a) From a family above one hundred ten percent but less than or equal to one hundred thirty percent of FPL; or

(b) From a family above one hundred thirty percent but less than or equal to two hundred percent of FPL and with one or more specific risk factors as described in the department's prioritization system under WAC 110-425-0085(4).

(2) A child is allowed for enrollment in ECEAP as space is available if the child:

(a) Has received services from the early support for infants and toddlers program (ESIT), early head start (EHS), or the birth to three early childhood education and assistance program;

(b) Turned three years of age any time after August 31 of the enrollment school year;

(d) Is from a family with income:

(i) At or below two hundred percent of FPL; or

(ii) Above two hundred percent of FPL with one or more additional specific risk factors as described in the department's prioritization system under WAC 110-425-0085(4).

Reviser's note: The unnecessary strikethrough in the above section occurred in the copy filed by the agency and appears in the Register pursuant to the requirements of RCW 34.08.040.

NEW SECTION

WAC 110-425-0085Prioritization system.

(1) Once contractors have established a pool of children who are eligible or allowed for enrollment, contractors must prioritize the children for available funded ECEAP slots.

(2) The department establishes an ECEAP prioritization system based on priority points attributed to each child who is eligible or allowed for enrollment. This system is updated periodically as related research becomes available. The most current prioritization system is accessible on the department's website and is incorporated into the Early Learning Management System (ELMS) which manages ECEAP eligibility and enrollment.

(3) The ECEAP prioritization system incorporates the prioritization requirements included in RCW 43.216.505 (4), 43.216.512, and 43.216.514.

(4) Priority points are awarded for:

(a) Child welfare system involvement;

(b) Homelessness;

(d) Four year olds who are within one year of kindergarten eligibility;

(e) Limited English proficiency which shall have the same meaning as the phrase "English as a second language" under RCW 43.216.512.

(f) Individualized Education Program (IEP);

(g) Suspected or diagnosed developmental delay or disability for a child without an IEP;

(h) Incarcerated parent;

(i) Child's previous expulsion from an early learning setting due to behavior;

(j) Family domestic violence;

(k) Family substance abuse;

(l) Family mental illness;

(m) Other risk factors determined by the department to be linked by research to school performance.

NEW SECTION

WAC 110-425-0087Contractor slots for children above one hundred ten percent of FPL.

With regard to children eligible for enrollment, RCW 43.216.505 (4)(c) establishes a limit of ten percent of total statewide enrollment for children that meet criteria established by WAC 110-425-0080 (1)(c).

(1) With regard to children allowed for enrollment, RCW 43.216.512 establishes a limit of twenty-five percent of total statewide enrollment.

(2) The department sets an initial limit for each contractor of slots for children above one hundred ten percent of FPL who do not have an IEP, in order to manage the statewide limits.

(a) This limit is based on each contractor's size, enrollment history, and to provide flexibility to fill classes in rural areas.

(b) For sites operated by tribes or tribal organizations, the department sets the initial limit at twenty-five percent.

(d) This contractor limit is managed in ELMS.

(3) Once a contractor has enrolled their limit of children above one hundred ten percent of FPL who do not have an IEP, the contractor may request an increase of their limit if:

(a) The contractor has enrolled all slots available for children above one hundred ten percent of FPL who do not have IEPs;

(b) The contractor has unfilled funded slots; and

(c) Efforts to recruit children eligible for enrollment or with higher priority points within the contractor's service area have been exhausted.

(5) The department will consider the following factors when reviewing requests for additional slots above one hundred ten percent of FPL:

(a) ECEAP enrollments have not reached the statewide limits of children eligible and allowed for enrollment above one hundred ten percent of FPL who do not have an IEP under RCW 43.216.505(4) and 43.216.512;

(b) The requesting contractor's need to fill slots to fully enroll a class to ensure access to services children at or below one hundred ten percent of FPL;

(d) The presence of unserved children at or below one hundred ten percent of FPL in other locations in the state.

Reviser's note: The typographical errors in the above section occurred in the copy filed by the agency and appear in the Register pursuant to the requirements of RCW 34.08.040.