CHILDREN, YOUTH, AND FAMILIES

[Filed September 17, 2019, 4:15 p.m.]

Preproposal statement of inquiry was filed as WSR 19-12-014.

Title of Rule and Other Identifying Information: Early childhood education and assistance program (ECEAP): New WAC 110-425-0083 Additional children allowed for enrollment, 110-425-0084 Duration of enrollment and allowance of dual enrollments, 110-425-0085 Prioritization system and 110-425-0087 Contractor slots for children above one hundred ten percent of FPL; and amending WAC 110-425-0030 Definitions and 110-425-0080 Eligibility for services.

Hearing Location(s): On October 22, 2019, at 1:30 p.m., at Conference Room 3, Office Building 2, Service Level, 1115 Washington Street S.E., Olympia, WA.

Date of Intended Adoption: October 24, 2019.

Submit Written Comments to: The department of children, youth, and families (DCYF) Rules Coordinator, P.O. Box 40975, email dcyf.rulescoordinator@dcyf.wa.gov, fax 360-902-7903, submit comments online at https://www.dcyf.wa.gov/practice/policy-laws-rules/rule-making/participate/online, by October 22, 2019.

Assistance for Persons with Disabilities: Contact DCYF rules coordinator, phone 360-902-7956, fax 360-902-7903, email dcyf.rulescoordinator@dcyf.wa.gov, by October 18, 2019.

Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: Proposed amendments to rules define a "child eligible for enrollment," "a child allowed for enrollment," and "federal poverty level." New rules allow ECEAP enrollment for specific children if space is available; establish a prioritization system; and establish enrollment thresholds for children from families with income above one hundred ten percent of federal poverty level.

Reasons Supporting Proposal: Rules are necessary to implement chapters 408 and 409, Laws of 2019.

Statutory Authority for Adoption: RCW 43.216.512, 43.216.525, 43.216.540, and 43.216.555.

Statute Being Implemented: RCW 43.216.512, 43.216.514, and 43.216.556.

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

Name of Proponent: DCYF, governmental.

Name of Agency Personnel Responsible for Drafting: Nicole Lor, Spokane, Washington, 509-789-3834; 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. The proposed rules adopt without material change Washington state statutes, RCW 34.05.328 (5)(b)(iii).

This rule proposal, or portions of the proposal, is exempt from requirements of the Regulatory Fairness Act because the proposal:

Is exempt under RCW 19.85.025(3) as the rules relate only to internal governmental operations that are not subject to violation by a nongovernment party; and rule content is explicitly and specifically dictated by statute.

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

WAC 110-425-0030Definitions.

(((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 entitled 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" has 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.

(((5)))"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.

"Performance standards" means the most current release of the ECEAP performance standards as incorporated into the ECEAP contract, which are accessible at https://www.dcyf.wa.gov/services/early-learning-providers/eceap/contractors.

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

WAC 110-425-0080((Eligibility for services.))Children 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)))(1) From a family with income at or below one hundred ten percent of the federal poverty level (FPL);

(2) 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((;

(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)))(3) From a family with income that exceeds one hundred ten percent federal poverty level ((("over-income") and is homeless or))and is impacted by specific risk factors ((identified by the department that are linked by research to school performance, provided that))incorporated into the department's prioritization 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. No 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, enrolled children maintain their eligibility 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) Children are not eligible for 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) 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.))

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 31st 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).

WAC 110-425-0084Duration of enrollment and allowance of dual enrollments.

(1) Enrolled children remain 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.

(2) Children may 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.

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

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 at https://www.dcyf.wa.gov/services/early-learning-providers/eceap/contractors/direct-service-staff/enrollment 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.

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

(1) 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).

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

(3) 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.

(4) 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 unfilled funded slots; and

(b) 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.