6759-S AMH GOOD H5594.1

SSB 6759  - H AMD1518
     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   DEFINITIONS. The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.
     (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   PROGRAM STANDARDS. (1) Beginning September 1, 2011, an early learning program to provide voluntary preschool opportunities for children three and four years of age shall be implemented according to the funding and implementation plan in section 5 of this act. The program must be a comprehensive program providing early childhood education and family support, options for parental involvement, and health information, screening, and referral services, as family need is determined. Participation in the program is voluntary. On a space available basis, the program may allow enrollment of children who are not otherwise eligible by assessing a fee.
     (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   ELIGIBILITY. (1)(a) During the initial phase of implementation, the standards in RCW 43.215.405(3) used for eligibility determinations in the early childhood education and assistance program shall be used to determine eligibility for the program.
     (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   FUNDING AND STATEWIDE IMPLEMENTATION. (1) Funding for the program of early learning established under this chapter must be appropriated to the department. Allocations must be made on the basis of eligible children enrolled with eligible providers.
     (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   REPORT AND RECOMMENDATIONS. The director of the department of early learning shall develop recommendations, including proposed legislation as appropriate and necessary, to achieve statewide implementation of the program of early learning established in section 3 of this act for children three and four years of age. The director shall report to the appropriate committees of the legislature by January 1, 2011 regarding:
     (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.

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