BILL REQ. #:  H-4599.5 

READ FIRST TIME 01/22/10.   

     AN ACT Relating to implementing a program of early learning for educationally at-risk children; amending RCW 28A.150.200 and 43.215.020; adding a new section to chapter 28A.320 RCW; adding a new section to chapter 43.215 RCW; adding a new chapter to Title 28A RCW; creating new sections; and providing an effective date.

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

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 meaningfully participate 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 establish a program of early learning for educationally at-risk children and, beginning September 1, 2011, to include this program within the overall program of basic education under Article IX of the state Constitution.
     The legislature also finds that neuroscience research demonstrates that children's earliest human interactions have a profound impact on brain development and that cognitive, emotional, and social functions are inextricably intertwined. The legislature further finds that the likelihood of children becoming educationally at-risk is reduced when the earliest stages of their development are well supported. It is the intent of the legislature that quality early learning opportunities for children birth to age three and their parents and caregivers will be funded by the legislature and administered by the department of early learning, but that birth to three early learning programs shall not be part of the overall program of basic education.

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) "Department" means the department of early learning.
     (3) "Director" means the director of the department.
     (4) "Program" means the program of early learning for educationally at-risk children established in section 3 of this act.
     (5) "Superintendent" means the superintendent of public instruction.

NEW SECTION.  Sec. 3   PROGRAM STANDARDS. (1) An early learning program is established, beginning September 1, 2011, within the state's definition of basic education to provide voluntary preschool opportunities for educationally at-risk children who are three and four years of age. 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, and on a space available basis, may include children who are not otherwise eligible by assessing a copay or fee.
     (2) The superintendent and the director shall develop recommendations for:
     (a) 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;
     (iv) Language, literacy, numeracy, and communication.
     (b) 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.
     (c) 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.
     (3) The superintendent and the director jointly shall adopt rules for the following program components:
     (a) A process for conducting individual evaluations to determine program eligibility for children who do not qualify based on the risk factors listed in section 4 of this act, but who may be educationally at-risk for other reasons;
     (b) Minimum program standards, including lead teacher, assistant teacher, and staff qualifications;
     (c) Approval of program providers;
     (d) Accountability and adherence to performance standards; and
     (e) A method for allowing, on a space available basis, enrollment of children who are not otherwise eligible by applying a sliding fee scale to assess appropriate copays for children from households above one hundred thirty percent and below two hundred percent of the federal poverty level, or by assessing fees for children from households at or above two hundred percent of the federal poverty level.
     (4) The director and the superintendent shall report the recommendations required under subsection (2) of this section to the appropriate committees of the legislature not later than November 15, 2010.
     (5) The department has administrative responsibility for:
     (a) Approving and contracting with providers according to rules developed jointly by the superintendent and 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) The legislature intends that eligibility for enrollment in the program be based on one or more of the following risk factors which, in the absence of effective intervention, have been identified by research to correlate with an increased probability of poor educational outcomes:
     (i) The child's family income is at or below one hundred thirty percent of the federal poverty level;
     (ii) The child has limited English proficiency;
     (iii) The child's family is receiving child welfare services under chapter 13.34 RCW; and
     (iv) Other factors identified by the superintendent and the director that correlate with an increased probability of poor educational outcomes.
     (b) The legislature recognizes that individual children may be educationally at-risk as a result of other factors. Therefore, the legislature intends that children will be eligible for the program if the results of an individual evaluation of the child indicate the child is at risk for poor educational outcomes.
     (c) On a space available basis and so long as eligible children are not displaced, the program may allow for enrollment of children who are not otherwise eligible by using the method developed under section 3(3) of this act and assessing a copayment or fee on a sliding scale based on the income of the child's household.
     (2) School districts, in collaboration with approved early learning providers, shall conduct the evaluations to determine a child's eligibility for participation in the program.
     (3) The superintendent and the director jointly shall develop recommendations for legislative approval regarding:
     (a) An evaluation process for use in eligibility determinations for children who are not eligible based on risk factors in subsection (1)(a) of this section, but who may be educationally at-risk for other reasons. The evaluation process must be aligned with the state's early learning benchmarks and the kindergarten assessment described in section 616, chapter 564, Laws of 2009;
     (b) A schedule for implementing the individual evaluation process throughout the state, including training for school district personnel and approved early learning providers; and
     (c) Additional risk factors demonstrated by research to correlate with an increased probability of poor educational outcomes which could be used to determine program eligibility.
     (4) The superintendent and the director shall report the recommendations required under subsection (3) of this section to the appropriate committees of the legislature not later than November 15, 2010.

NEW SECTION.  Sec. 5   STATEWIDE IMPLEMENTATION. (1) 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. A school district may not be required to contract for the provision of services under the program unless no approved community-based provider is available within the district to provide services.
     (2) Beginning in the 2011-12 school year, funding for the program must be phased-in beginning in school districts having the highest poverty levels, defined as those school districts with the highest percentages of enrolled students qualifying for free and reduced-price lunch support in the prior school year.

NEW SECTION.  Sec. 6   FUNDING. (1) Funding for the program of early learning established under this chapter must be appropriated to the superintendent. Allocations must be made on the basis of children enrolled with eligible providers.
     (2) As funding for the expansion of the prekindergarten program under this chapter is appropriated by the legislature, the legislature intends to appropriate a proportional amount of funding to the department of early learning for implementation of the services and programs for children birth to age three and their parents and caregivers under RCW 43.215.020(2).

NEW SECTION.  Sec. 7   RECOMMENDATIONS. The superintendent, the director, and the director of the office of financial management, or their respective designees, shall report to the appropriate committees of the legislature by November 15, 2010, with recommendations for a budgeting and funding allocation method for the program based on enrolled eligible students. Recommendations must include a schedule of implementation consistent with section 5(2) of this act.

NEW SECTION.  Sec. 8   A new section is added to chapter 28A.320 RCW to read as follows:
     (1) For the program of early learning established in section 3 of this act, school districts:
     (a) 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;
     (b) Shall, in collaboration with providers approved by the department of early learning, conduct individual evaluations to determine program eligibility for children who may be educationally at-risk, but who are not eligible on the basis of one or more of the risk factors listed in section 4(1)(a) of this act; and
     (c) May contract with the department of early learning to deliver services under the program.
     (2) If, however, no approved provider is available within the school district to contract for delivery of services under the program, the school district is required to contract with the department of early learning to deliver the program to eligible children.

NEW SECTION.  Sec. 9   A new section is added to chapter 43.215 RCW to read as follows:
     (1) The superintendent of public instruction and the director of the department jointly shall adopt rules for the following program components:
     (a) Individual evaluations to determine program eligibility for children not eligible under section 4(1)(a) of this act;
     (b) Minimum program standards, including instructor and staff qualifications;
     (c) Approval of program providers; and
     (d) Accountability and adherence to performance standards.
     (2) The department shall have administrative responsibility for:
     (a) Approving and contracting with providers according to rules developed jointly by the superintendent of public instruction and 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; and
     (c) Providing technical assistance to contracted providers.

Sec. 10   RCW 28A.150.200 and 2009 c 548 s 101 are each amended to read as follows:
     (1) The program of basic education established under this chapter is deemed by the legislature to comply with the requirements of Article IX, section 1 of the state Constitution, which states that "It is the paramount duty of the state to make ample provision for the education of all children residing within its borders, without distinction or preference on account of race, color, caste, or sex," and is adopted pursuant to Article IX, section 2 of the state Constitution, which states that "The legislature shall provide for a general and uniform system of public schools."
     (2) The legislature defines the program of basic education under this chapter as that which is necessary to provide the opportunity to develop the knowledge and skills necessary to meet the state-established high school graduation requirements that are intended to allow students to have the opportunity to graduate with a meaningful diploma that prepares them for postsecondary education, gainful employment, and citizenship. Basic education by necessity is an evolving program of instruction intended to reflect the changing educational opportunities that are needed to equip students for their role as productive citizens and includes the following:
     (a) The instructional program of basic education the minimum components of which are described in RCW 28A.150.220;
     (b) The program of education provided by chapter 28A.190 RCW for students in residential schools as defined by RCW 28A.190.020 and for juveniles in detention facilities as identified by RCW 28A.190.010;
     (c) The program of education provided by chapter 28A.193 RCW for individuals under the age of eighteen who are incarcerated in adult correctional facilities; ((and))
     (d) Transportation and transportation services to and from school for eligible students as provided under RCW 28A.160.150 through 28A.160.180; and
     (e) The program of early learning established in section 3 of this act.

Sec. 11   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 develop, coordinate, and implement services and programs for children from birth to age three that support families and caregivers through a continuum of quality early learning opportunities available in community settings. Although programs serving children birth to age three and their parents and caregivers are not part of the program of basic education under Article IX of the Washington state Constitution, the legislature intends to invest in an integrated network of high-quality programs and services to support parents and caregivers of children birth to age three;
     (d) 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))) (e) To administer child care and early learning programs;
     (((e))) (f) To standardize internal financial audits, oversight visits, performance benchmarks, and licensing criteria, so that programs can function in an integrated fashion;
     (((f))) (g) 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))) (h) To work cooperatively and in coordination with the early learning council;
     (((h))) (i) 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))) (j) To develop and adopt rules, jointly with the superintendent of public instruction, for administration of the program of early learning established in section 3 of this act; and
     (k) 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. 12   Sections 2 through 6 and 14 of this act constitute a new chapter in Title 28A RCW.

NEW SECTION.  Sec. 13   Section 10 of this act takes effect September 1, 2011.

NEW SECTION.  Sec. 14   This act may be known as the ready for school act of 2010.