BILL REQ. #:  S-0872.1 

Read first time 01/27/2005.   Referred to Committee on Early Learning, K-12 & Higher Education.

     AN ACT Relating to the early childhood education and assistance program; amending RCW 28A.215.110, 28A.215.120, and 28A.215.150; adding new sections to chapter 28A.215 RCW; and repealing RCW 28A.215.140 and 28A.215.190.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

Sec. 1   RCW 28A.215.110 and 1999 c 350 s 1 are each amended to read as follows:
     Unless the context clearly requires otherwise, the definitions in this section apply throughout RCW 28A.215.100 through 28A.215.200 and 28A.215.900 through 28A.215.908.
     (1) (("Advisory committee" means the advisory committee under RCW 28A.215.140.
     (2))) "Department" means the ((department of community, trade, and economic development)) office of the superintendent of public instruction.
     (((3))) (2) "Eligible child" means a child not eligible for kindergarten whose family income is at or below one hundred ten percent of the federal poverty level, as published annually by the federal department of health and human services, and includes a child whose family is eligible for public assistance, and who is not a participant in a federal or state program providing comprehensive services and may include children who are eligible under rules adopted by the department if the number of such children equals not more than ten percent of the total enrollment in the early childhood program. Priority for enrollment shall be given to children from families with the lowest income or to eligible children from families with multiple needs.
     (((4))) (3) "Approved programs" means those state-supported education and special assistance programs which are recognized by the department ((of community, trade, and economic development)) as meeting the minimum program rules adopted by the department to qualify under RCW 28A.215.100 through 28A.215.200 and 28A.215.900 through 28A.215.908 and are designated as eligible for funding by the department under RCW 28A.215.160 and 28A.215.180.
     (((5))) (4) "Comprehensive" means an assistance program that focuses on the needs of the child and includes education, health, and family support services.
     (((6))) (5) "Family support services" means providing opportunities for parents to:
     (a) Actively participate in their child's early childhood program;
     (b) Increase their knowledge of child development and parenting skills;
     (c) Further their education and training;
     (d) Increase their ability to use needed services in the community;
     (e) Increase their self-reliance.

Sec. 2   RCW 28A.215.120 and 1994 c 166 s 4 are each amended to read as follows:
     The department ((of community, trade, and economic development)) shall administer a state-supported early childhood education and assistance program to assist eligible children with educational, social, health, nutritional, and cultural development to enhance their opportunity for success in the common school system. Eligible children shall be admitted to approved early childhood programs to the extent that the legislature provides funds, and additional eligible children may be admitted to the extent that grants and contributions from community sources provide sufficient funds for a program equivalent to that supported by state funds. Administration and funding of this program shall be shifted to the department no later than December 1, 2005. All existing contracts with program providers entered into for the 2005-06 school year with the department of community, trade, and economic development shall remain in full force and effect and shall be the responsibility of the department. All funds designated for this program remaining at the department of community, trade, and economic development after December 1, 2005, shall be transferred to the department.

NEW SECTION.  Sec. 3   A new section is added to chapter 28A.215 RCW to read as follows:
     (1) A nine-member steering committee is created, which committee shall advise the department on the ongoing promotion and operation of the early childhood education and assistance program. This advice shall include:
     (a) Program standards, which shall be guided by appropriate research;
     (b) Development of partnerships among providers of early learning programs;
     (c) Development of opportunities for professional development; and
     (d) Identifying opportunities to build upon existing programs and resources by increasing program quality, connecting related services, and simplifying program administration.
     (2) The steering committee authorized in subsection (1) of this section shall be composed of and appointed in accordance with this subsection.
     (a) The superintendent of public instruction shall appoint two agency employees responsible for policies relating to early learning and assistance to children, one representative of an early childhood education and assistance program provider or contractor and one parent with a child participating in the program. The superintendent of public instruction shall also designate the chair of the steering committee.
     (b) The secretary of the department of social and health services shall appoint two representatives of that office who are knowledgeable about early learning and assistance to children and one representative of an early childhood education and assistance program provider or contractor.
     (c) The director of the department of community, trade, and economic development shall appoint one representative.
     (d) The secretary of the department of health shall appoint one member who is knowledgeable about early learning and pediatric public health issues.
     (3) Except for state official and state employee members, each member of the board shall be reimbursed for travel expenses incurred in carrying out the duties of the board in accordance with RCW 43.03.050 and 43.03.060.

Sec. 4   RCW 28A.215.150 and 1994 c 166 s 6 are each amended to read as follows:
     The department shall adopt rules under chapter 34.05 RCW for the administration of the early childhood program. Approved early childhood programs shall conduct needs assessments of their service area, identify any targeted groups of children, to include but not be limited to children of seasonal and migrant farmworkers and native American populations living either on or off reservation, and provide to the department a service delivery plan, to the extent practicable, that addresses these targeted populations.
     The department in developing rules for the early childhood program shall consult with the ((advisory)) steering committee, and shall consider such factors as coordination with existing head start and other early childhood programs, the preparation necessary for instructors, qualifications of instructors, adequate space and equipment, and special transportation needs. The rules shall specifically require the early childhood programs to provide for parental involvement in participation with their child's program, in local program policy decisions, in development and revision of service delivery systems, and in parent education and training.

NEW SECTION.  Sec. 5   A new section is added to chapter 28A.215 RCW to read as follows:
     (1) All powers, duties, and functions of the department of community, trade, and economic development pertaining to the early childhood education and assistance program are transferred to the office of the superintendent of public instruction. All references to the director or the department of community, trade, and economic development in the Revised Code of Washington shall be construed to mean the superintendent of public instruction or the office of the superintendent of public instruction when referring to the functions transferred in this section.
     (2)(a) All reports, documents, surveys, books, records, files, papers, or written material in the possession of the department of community, trade, and economic development pertaining to the powers, functions, and duties transferred shall be delivered to the custody of the office of the superintendent of public instruction. All cabinets, furniture, office equipment, motor vehicles, and other tangible property employed by the department of community, trade, and economic development in carrying out the powers, functions, and duties transferred shall be made available to the office of the superintendent of public instruction. All funds, credits, or other assets held in connection with the powers, functions, and duties transferred shall be assigned to the office of the superintendent of public instruction.
     (b) Any appropriations made to the department of community, trade, and economic development for carrying out the powers, functions, and duties transferred shall, on the effective date of this section, be transferred and credited to the office of the superintendent of public instruction.
     (c) Whenever any question arises as to the transfer of any personnel, funds, books, documents, records, papers, files, equipment, or other tangible property used or held in the exercise of the powers and the performance of the duties and functions transferred, the director of financial management shall make a determination as to the proper allocation and certify the same to the state agencies concerned.
     (3) All employees of the department of community, trade, and economic development engaged in performing the powers, functions, and duties transferred are transferred to the jurisdiction of the office of the superintendent of public instruction. All employees classified under chapter 41.06 RCW, the state civil service law, are assigned to the office of the superintendent of public instruction to perform their usual duties upon the same terms as formerly, without any loss of rights, subject to any action that may be appropriate thereafter in accordance with the laws and rules governing state civil service.
     (4) All rules and all pending business before the department of community, trade, and economic development pertaining to the powers, functions, and duties transferred shall be continued and acted upon by the office of the superintendent of public instruction. All existing contracts and obligations shall remain in full force and shall be performed by the office of the superintendent of public instruction.
     (5) The transfer of the powers, duties, functions, and personnel of the department of community, trade, and economic development shall not affect the validity of any act performed before the effective date of this section.
     (6) If apportionments of budgeted funds are required because of the transfers directed by this section, the director of financial management shall certify the apportionments to the agencies affected, the state auditor, and the state treasurer. Each of these shall make the appropriate transfer and adjustments in funds and appropriation accounts and equipment records in accordance with the certification.
     (7) Nothing contained in this section may be construed to alter any existing collective bargaining unit or the provisions of any existing collective bargaining agreement until the agreement has expired or until the bargaining unit has been modified by action of the personnel resources board as provided by law.

NEW SECTION.  Sec. 6   The following acts or parts of acts are each repealed:
     (1) RCW 28A.215.140 (Advisory committee -- Composition) and 1988 c 174 s 5 & 1985 c 418 s 5; and
     (2) RCW 28A.215.190 (Expenses of advisory committee -- Reimbursement) and 1985 c 418 s 10.