SSB 6759 -
By Representative Goodman
ADOPTED 03/05/2010
Strike everything after the enacting clause and insert the following:
"NEW SECTION. Sec. 1 The legislature finds that a critical
factor in the eventual successful outcome of a K-12 education is for
students to begin school ready, both intellectually and socially, to
learn. The legislature also finds that, due to a variety of factors,
some young children need supplemental instruction in preschool to
assure that they have the opportunity to participate meaningfully and
reach the necessary levels of achievement in the regular program of
basic education. The legislature further finds that children who
participate in high quality preschool programs have improved
educational and life outcomes and are more likely to graduate from high
school and pursue higher education, experience successful employment
opportunities, and have increased earnings. Therefore the legislature
intends to create a program of early learning that, when fully
implemented, shall be an entitlement program for eligible children.
The legislature also finds that the state early childhood education
and assistance program was established to help children from low-income
families be prepared for kindergarten, and that the program has been a
successful model for achieving that goal. Therefore, the legislature
intends that the first phase of implementing the entitlement program of
early learning shall be accomplished by utilizing the program standards
and eligibility criteria in the early childhood education and
assistance program. The legislature also intends that the
implementation of subsequent phases of the program established by the
ready for school act of 2010 will be aligned with the implementation of
the state's all-day kindergarten program in order to maximize the gains
resulting from investments in the two programs.
NEW SECTION. Sec. 2
(1) "Community-based early learning providers" includes for-profit
and nonprofit licensed providers of child care and preschool programs.
(2) "Program" means the program of early learning established in
section 3 of this act for eligible children who are three and four
years of age.
NEW SECTION. Sec. 3
(2) The first phase of the program shall be implemented by
utilizing the program standards and eligibility criteria in the early
childhood education and assistance program.
(3) Subsequent phases of the program including, but not limited to,
program standards and eligibility criteria, shall be defined by the
legislature after receiving the recommendations from the director
required in section 8 of this act.
(4) The director shall adopt rules for the following program
components, as appropriate and necessary during the phased
implementation of the program:
(a) Minimum program standards, including lead teacher, assistant
teacher, and staff qualifications;
(b) Approval of program providers;
(c) Accountability and adherence to performance standards; and
(d) A method for allowing, on a space available basis, enrollment
of children who are not otherwise eligible by assessing fees or
copayments.
(5) The department has administrative responsibility for:
(a) Approving and contracting with providers according to rules
developed by the director under this section;
(b) In partnership with school districts, monitoring program
quality and assuring the program is responsive to the needs of eligible
children;
(c) Assuring that program providers work cooperatively with school
districts to coordinate the transition from preschool to kindergarten
so that children and their families are well-prepared and supported;
and
(d) Providing technical assistance to contracted providers.
NEW SECTION. Sec. 4
(b) During subsequent phases of implementation, eligibility
determinations shall be based on factors adopted by the legislature
after receiving recommendations required in subsection (2) of this
section.
(2) The director shall develop recommendations for legislative
approval regarding eligibility criteria for subsequent phases of
implementation of the program.
(3) The director shall report the recommendations required under
subsection (2) of this section to the appropriate committees of the
legislature not later than December 1, 2010.
NEW SECTION. Sec. 5
(2) The program shall be implemented in phases, so that full
implementation is achieved in the 2017-18 school year.
(3) For the initial phase of the early learning program in school
years 2011-12 and 2012-13, the legislature shall appropriate funding to
the department for implementation of the program in an amount not less
than the 2009-2011 enacted budget for the early childhood education and
assistance program. The appropriation shall be sufficient to fund an
equivalent number of slots as funded in the 2009-2011 enacted budget.
(4) Beginning in the 2013-14 school year, additional funding for
the program must be phased in beginning in school districts providing
all-day kindergarten programs under RCW 28A.150.315.
(5) Funding shall continue to be phased in incrementally each year
until full statewide implementation of the early learning program is
achieved in the 2017-18 school year, at which time any eligible child
shall be entitled to be enrolled in the program.
(6) The department and the office of financial management shall
annually review the caseload forecasts for the program and, beginning
December 1, 2012, and annually thereafter, report to the governor and
the appropriate committees of the legislature with recommendations for
phasing in additional funding necessary to achieve statewide
implementation in the 2017-18 school year.
(7) School districts and approved community-based early learning
providers may contract with the department to provide services under
the program. The department shall collaborate with school districts,
community-based providers, and educational service districts to promote
an adequate supply of approved providers.
NEW SECTION. Sec. 6 A new section is added to chapter 28A.320
RCW to read as follows:
For the program of early learning established in section 3 of this
act, school districts:
(1) Shall work cooperatively with program providers to coordinate
the transition from preschool to kindergarten so that children and
their families are well-prepared and supported; and
(2) May contract with the department of early learning to deliver
services under the program.
Sec. 7 RCW 43.215.020 and 2007 c 394 s 5 are each amended to read
as follows:
(1) The department of early learning is created as an executive
branch agency. The department is vested with all powers and duties
transferred to it under this chapter and such other powers and duties
as may be authorized by law.
(2) The primary duties of the department are to implement state
early learning policy and to coordinate, consolidate, and integrate
child care and early learning programs in order to administer programs
and funding as efficiently as possible. The department's duties
include, but are not limited to, the following:
(a) To support both public and private sectors toward a
comprehensive and collaborative system of early learning that serves
parents, children, and providers and to encourage best practices in
child care and early learning programs;
(b) To make early learning resources available to parents and
caregivers;
(c) To carry out activities, including providing clear and easily
accessible information about quality and improving the quality of early
learning opportunities for young children, in cooperation with the
nongovernmental private-public partnership;
(d) To administer child care and early learning programs;
(e) To standardize internal financial audits, oversight visits,
performance benchmarks, and licensing criteria, so that programs can
function in an integrated fashion;
(f) To support the implementation of the nongovernmental private-public partnership and cooperate with that partnership in pursuing its
goals including providing data and support necessary for the successful
work of the partnership;
(g) To work cooperatively and in coordination with the early
learning council;
(h) To collaborate with the K-12 school system at the state and
local levels to ensure appropriate connections and smooth transitions
between early learning and K-12 programs; ((and))
(i) To develop and adopt rules for administration of the program of
early learning established in section 3 of this act; and
(j) Upon the development of an early learning information system,
to make available to parents timely inspection and licensing action
information through the internet and other means.
(3) The department's programs shall be designed in a way that
respects and preserves the ability of parents and legal guardians to
direct the education, development, and upbringing of their children.
The department shall include parents and legal guardians in the
development of policies and program decisions affecting their children.
NEW SECTION. Sec. 8
(1) Program standards for a developmentally appropriate curriculum;
(2) Service standards for family support and health-related
services;
(3) A plan for providing technical assistance necessary to support
providers delivering services in early childhood education and
assistance programs and head start programs in becoming approved
providers of the program;
(4) A strategy to optimize phased implementation of the program on
a schedule substantially similar to the implementation of full day
kindergarten after a review of the locations where early childhood
education and assistance programs are operating;
(5) Options for developing socioeconomically diverse, mixed
classrooms; and
(6) Recommendations for naming the program.
Sec. 9 RCW 43.215.405 and 2006 c 265 s 210 are each amended to
read as follows:
Unless the context clearly requires otherwise, the definitions in
this section apply throughout RCW 43.215.400 through 43.215.450 and
43.215.900 through 43.215.903.
(1) "Advisory committee" means the advisory committee under RCW
43.215.420.
(2) "Department" means the department of early learning.
(3) "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; a child
eligible for special education due to disability under RCW 28A.155.020;
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, children in foster care, or to eligible children
from families with multiple needs.
(4) "Approved programs" means those state-supported education and
special assistance programs which are recognized by the department as
meeting the minimum program rules adopted by the department to qualify
under RCW 43.215.400 through 43.215.450 and 43.215.900 through
43.215.903 and are designated as eligible for funding by the department
under RCW 43.215.430 and 43.215.440.
(5) "Comprehensive" means an assistance program that focuses on the
needs of the child and includes education, health, and family support
services.
(6) "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. 10 RCW 43.215.405 and 2006 c 265 s 210 are each amended to
read as follows:
Unless the context clearly requires otherwise, the definitions in
this section apply throughout RCW 43.215.400 through 43.215.450 and
43.215.900 through 43.215.903.
(1) "Advisory committee" means the advisory committee under RCW
43.215.420.
(2) "Department" means the department of early learning.
(3) "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)) a child eligible for
special education due to disability under RCW 28A.155.020. Priority
for enrollment shall be given to children from families with the lowest
income, children in foster care, or to eligible children from families
with multiple needs.
(4) "Approved programs" means those state-supported education and
special assistance programs which are recognized by the department as
meeting the minimum program rules adopted by the department to qualify
under RCW 43.215.400 through 43.215.450 and 43.215.900 through
43.215.903 and are designated as eligible for funding by the department
under RCW 43.215.430 and 43.215.440.
(5) "Comprehensive" means an assistance program that focuses on the
needs of the child and includes education, health, and family support
services.
(6) "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.
NEW SECTION. Sec. 11 The joint recommendations from the
department of early learning, the superintendent of public instruction,
and thrive by five, Washington, to the governor in December 2009, and
the recommendations from the quality education council to the
legislature in January 2010, both supported implementation of a
voluntary program of early learning within the overall program of basic
education. The legislature intends to direct further examination of
these recommendations and Attorney General Opinion Number 8 (2009)
through the convening of a working group to prepare a comprehensive
plan for implementation of a voluntary, universal preschool program.
NEW SECTION. Sec. 12 (1) Beginning April 1, 2010, the department
of early learning, in collaboration with the office of the
superintendent of public instruction, shall convene a working group to
develop recommendations for implementing a voluntary, universal
preschool program for children ages three and four. Recognizing the
program of early learning established in section 3 of this act, the
working group shall prepare a proposal for implementing a voluntary
universal prekindergarten program accessible to all three and four year
olds in Washington. The working group also shall examine the
opportunities and barriers of establishing a program of early learning
under the program of basic education.
(2) The working group shall develop recommendations for the phased
implementation of a voluntary, universal prekindergarten program,
including recommendations relating to the following elements:
(a) Criteria for eligible children;
(b) Program standards for a developmentally appropriate curriculum
to include:
(i) Physical well-being, health, and motor development;
(ii) Social and emotional development;
(iii) Cognition and general knowledge; and
(iv) Language, literacy, numeracy, and communication;
(c) Service standards for family support and health-related
services to include:
(i) Working with parents to access appropriate medical, dental, and
other health screenings for children;
(ii) Providing opportunities for parental involvement, education,
and leadership development; and
(iii) Family contact designed to assist the child's family in:
(A) Assessing family strengths and needs;
(B) Setting family goals and reviewing progress;
(C) Accessing community resources; and
(D) Coordinating transitions between the program, child care, home,
and kindergarten;
(d) Criteria for eligible providers;
(e) Governance responsibilities for the superintendent of public
instruction and the department of early learning;
(f) Funding necessary for implementation, including professional
development, facilities, and technical assistance;
(g) An implementation timeline;
(h) The need for transportation services for the program based on
an analysis of the transportation services and arrangements being used
in early childhood education and assistance programs and the need to
address future transportation services;
(i) Options for developing socioeconomically diverse classrooms;
and
(j) One or more sliding scale fee structures for possible use in
the program of early learning established in section 3 of this act, and
in the voluntary, universal preschool program for which a comprehensive
plan is required under this section.
(3) While developing the plan, the working group shall review early
learning programs in Washington, including the early childhood
education and assistance program and the federal head start program, as
well as voluntary, universal programs in other states.
(4) Membership of the working group shall include:
(a) One or more representatives from the following: The department
of early learning; the office of the superintendent of public
instruction; the nongovernmental private-public partnership created in
RCW 43.215.070; and the office of the attorney general;
(b) Two members of the early learning advisory council established
in RCW 43.215.090, to be appointed by the council; and
(c) Additional stakeholders with expertise in early learning to be
appointed by the early learning advisory council.
(5) The working group shall consult with the achievement gap
oversight and accountability committee established in RCW 28A.300.136,
and may convene advisory subgroups on specific topics as necessary to
assure participation and input from a broad array of diverse
stakeholders.
(6) The working group shall submit a brief progress report by July
1, 2011, and final report with the comprehensive plan by October 1,
2011, to the legislature, the governor, the early learning advisory
council, and the quality education council established in RCW
28A.290.010.
NEW SECTION. Sec. 13 The superintendent of public instruction,
the director of the department of early learning, and the director of
the office of financial management, or their respective designees,
shall report to the appropriate committees of the legislature by
January 1, 2012, with recommendations for a budgeting and funding
allocation method consistent with the recommendations developed under
section 12 of this act.
Sec. 14 RCW 43.215.090 and 2007 c 394 s 3 are each amended to
read as follows:
(1) The early learning advisory council is established to advise
the department on statewide early learning ((community needs and
progress)) issues that would build a comprehensive system of quality
early learning programs and services for Washington's children and
families by assessing needs and the availability of services, aligning
resources, developing plans for data collection and professional
development of early childhood educators, and establishing key
performance measures.
(2) The council shall work in conjunction with the department to
develop a statewide early learning plan that ((crosses systems and
sectors to promote)) guides the department in promoting alignment of
private and public sector actions, objectives, and resources, and ((to
ensure)) ensuring school readiness.
(3) The council shall include diverse, statewide representation
from public, nonprofit, and for-profit entities. Its membership shall
reflect regional, racial, and cultural diversity to adequately
represent the needs of all children and families in the state.
(4) Council members shall serve two-year terms. However, to
stagger the terms of the council, the initial appointments for twelve
of the members shall be for one year. Once the initial one-year to
two-year terms expire, all subsequent terms shall be for two years,
with the terms expiring on June 30th of the applicable year. The terms
shall be staggered in such a way that, where possible, the terms of
members representing a specific group do not expire simultaneously.
(5) The council shall consist of not more than ((twenty-five))
twenty-three members, as follows:
(a) The governor shall appoint at least one representative from
each of the following: The department, the office of financial
management, the department of social and health services, the
department of health, the higher education coordinating board, and the
state board for community and technical colleges;
(b) One representative from the office of the superintendent of
public instruction, to be appointed by the superintendent of public
instruction;
(c) The governor shall appoint ((at least)) seven leaders in early
childhood education, with at least one representative with experience
or expertise in each of the areas such as the following ((areas)):
Children with disabilities, the K-12 system, family day care providers,
and child care centers;
(d) Two members of the house of representatives, one from each
caucus, and two members of the senate, one from each caucus, to be
appointed by the speaker of the house of representatives and the
president of the senate, respectively;
(e) Two parents, one of whom serves on the department's parent
advisory council, to be appointed by the governor;
(f) ((Two)) One representative((s)) of the private-public
partnership created in RCW 43.215.070, to be appointed by the
partnership board;
(g) One representative designated by sovereign tribal governments;
and
(h) One representative from the Washington federation of
independent schools.
(6) The council shall be cochaired by one representative of a state
agency and one nongovernmental member, to be elected by the council for
two-year terms.
(7) The council shall appoint two members and stakeholders with
expertise in early learning to serve on the working group created in
section 12, chapter . . ., Laws of 2010 (section 12 of this act).
(8) Each member of the board shall be compensated in accordance
with RCW 43.03.240 and reimbursed for travel expenses incurred in
carrying out the duties of the board in accordance with RCW 43.03.050
and 43.03.060.
(((8))) (9) The department shall provide staff support to the
council.
Sec. 15 RCW 28A.290.010 and 2009 c 548 s 114 are each amended to
read as follows:
(1) The quality education council is created to recommend and
inform the ongoing implementation by the legislature of an evolving
program of basic education and the financing necessary to support such
program. The council shall develop strategic recommendations on the
program of basic education for the common schools. The council shall
take into consideration the capacity report produced under RCW
28A.300.172 and the availability of data and progress of implementing
the data systems required under RCW 28A.655.210. Any recommendations
for modifications to the program of basic education shall be based on
evidence that the programs effectively support student learning. The
council shall update the statewide strategic recommendations every four
years. The recommendations of the council are intended to:
(a) Inform future educational policy and funding decisions of the
legislature and governor;
(b) Identify measurable goals and priorities for the educational
system in Washington state for a ten-year time period, including the
goals of basic education and ongoing strategies for coordinating
statewide efforts to eliminate the achievement gap and reduce student
dropout rates; and
(c) Enable the state of Washington to continue to implement an
evolving program of basic education.
(2) The council may request updates and progress reports from the
office of the superintendent of public instruction, the state board of
education, the professional educator standards board, and the
department of early learning on the work of the agencies as well as
educational working groups established by the legislature.
(3) The chair of the council shall be selected from the
councilmembers. The council shall be composed of the following
members:
(a) Four members of the house of representatives, with two members
representing each of the major caucuses and appointed by the speaker of
the house of representatives;
(b) Four members of the senate, with two members representing each
of the major caucuses and appointed by the president of the senate; and
(c) One representative each from the office of the governor, office
of the superintendent of public instruction, state board of education,
professional educator standards board, and department of early
learning.
(4) In the 2009 fiscal year, the council shall meet as often as
necessary as determined by the chair. In subsequent years, the council
shall meet no more than four times a year.
(5)(a) The council shall submit an initial report to the governor
and the legislature by January 1, 2010, detailing its recommendations,
including recommendations for resolving issues or decisions requiring
legislative action during the 2010 legislative session, and
recommendations for any funding necessary to continue development and
implementation of chapter 548, Laws of 2009.
(b) The initial report shall, at a minimum, include:
(i) Consideration of how to establish a statewide beginning teacher
mentoring and support system;
(ii) Recommendations for a program of early learning for at-risk
children;
(iii) A recommended schedule for the concurrent phase-in of the
changes to the instructional program of basic education and the
implementation of the funding formulas and allocations to support the
new instructional program of basic education as established under
chapter 548, Laws of 2009. The phase-in schedule shall have full
implementation completed by September 1, 2018; and
(iv) A recommended schedule for phased-in implementation of the new
distribution formula for allocating state funds to school districts for
the transportation of students to and from school, with phase-in
beginning no later than September 1, 2013.
(6) After receiving the comprehensive plan required under section
12, chapter . . ., Laws of 2010 (section 12 of this act), the council
shall develop recommendations for incorporating the plan into the
strategic recommendations required under subsection (1) of this section
and submit a report to the legislature by January 1, 2011.
(7) The council shall be staffed by the office of the
superintendent of public instruction and the office of financial
management. Additional staff support shall be provided by the state
entities with representatives on the ((committee)) council. Senate
committee services and the house of representatives office of program
research may provide additional staff support.
(((7))) (8) Legislative members of the council shall serve without
additional compensation but may be reimbursed for travel expenses in
accordance with RCW 44.04.120 while attending sessions of the council
or on official business authorized by the council. Nonlegislative
members of the council may be reimbursed for travel expenses in
accordance with RCW 43.03.050 and 43.03.060.
NEW SECTION. Sec. 16 Sections 2 through 5 and 19 of this act are
each added to chapter 43.215 RCW.
NEW SECTION. Sec. 17 Section 9 of this act expires September 1,
2011.
NEW SECTION. Sec. 18 Section 10 of this act takes effect
September 1, 2011.
NEW SECTION. Sec. 19 Sections 1 through 5 of this act may be
known as the ready for school act of 2010."
Correct the title.
EFFECT: (1) Establishes a voluntary program of early learning for
3 and 4 year olds, to begin September 1, 2011, and declares that when
fully implemented in the 2017-18 school year, the program shall be an
entitlement program for eligible children.
(2) Specifies that for the first phase of implementation, the
program standards, service standards, and eligibility criteria used for
the Early Childhood Education and Assistance Program (ECEAP) will be
applied.
(3) Revises ECEAP eligibility standards to include a child who
qualifies for special education services.
(4) Requires that funding for the program in the 2011-2013 biennium
be not less than the funding provided for the ECEAP in the 2009-2011
biennium and be sufficient to fund an equivalent number of slots.
(5) Directs additional funding to be phased-in beginning in the
2013-14 school year.
(6) Directs the program expansion to be in school districts where
full-day kindergarten is being provided, in order to maximize gains
resulting from those investments.
(7) Directs the program to be fully implemented by the 2017-18
school year.
(8) Vests governance and rule-making authority with the DEL.
(9) Requires recommendations to the Legislature from the DEL
regarding program standards, service standards, and eligibility
criteria to be used for subsequent phases of the program beginning in
the 2013-2015 biennium.
(10) Requires annual forecasting and reporting to the Governor and
Legislature regarding caseloads and funding recommendations to achieve
full implementation by the 2017-18 school year.
(11) Effective September 1, 2011, revises ECEAP eligibility
standards to remove flexibility for up to 10% of enrollments.
(12) Establishes a working group to develop a comprehensive plan
for the phase-in of a voluntary, universal preschool program.
(13) Requires the working group consult with the Achievement Gap
Oversight and Accountability Committee, and directs the group to be
convened by the DEL in collaboration with the OSPI.
(14) Requires that the comprehensive plan be developed with
recognition of the program established effective September 1, 2011, for
children from low-income households and children eligible for special
education.
(15) Requires an update from the working group by July 1, 2011, and
a final report to the Legislature, the Governor, the Quality Education
Council (QEC), and the Early Learning Advisory Council by October 1,
2011.
(16) Requires development of recommendations for a budgeting and
funding allocation method based on enrolled eligible students
consistent with the comprehensive plan prepared by the working group.
(17) Directs the QEC to report to the Legislature by January 1,
2012, with recommendations for incorporating the comprehensive plan for
implementation of a voluntary, universal preschool into the QEC's
strategic recommendations on the program of basic education for the
common schools.
(18) Directs the working group also to examine opportunities and
barriers of including such a program in the program of basic education.
(19) Names the act the Ready for School Act of 2010.