BILL REQ. #:  S-4350.1 

READ FIRST TIME 02/06/14.   

     AN ACT Relating to improving quality in the early care and education system; amending RCW 43.215.100, 43.215.135, 43.215.425, 43.215.415, and 43.215.455; adding new sections to chapter 43.215 RCW; creating new sections; and repealing 2013 2nd sp.s. c 16 s 2 (uncodified).

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

NEW SECTION.  Sec. 1   INTENT. The legislature finds that quality early care and education builds the foundation for a child's success in school and in life. The legislature acknowledges that quality is a necessary underpinning of the early care and education system in Washington. The legislature recognizes that empirical evidence supports the conclusion that high quality programs consistently yield more positive outcomes for children, with the strongest positive impacts on the most vulnerable children. The legislature further understands that the proper dosage, duration of programming, and stability of care are critical to enhancing program quality and improving child outcomes. The legislature intends to prioritize the integration of child care and preschool in an effort to promote full-day programming. The legislature further intends to reward quality and create incentives for providers to participate in a quality rating and improvement system that will also provide valuable information to parents regarding the quality of care available in their communities.

Sec. 2   RCW 43.215.100 and 2013 c 323 s 6 are each amended to read as follows:
     (1) ((Subject to the availability of amounts appropriated for this specific purpose,)) The department, in collaboration with community and statewide partners, shall implement a voluntary quality rating and improvement system, called the early achievers program, that is applicable to licensed or certified child care centers and homes and early education programs. The early achievers program establishes the framework for strengthening the quality of the early care and education system in Washington. The early achievers program shall continue to integrate health in early learning and may do so by working with key health partners to develop training in level 2 focused on foundational health topics, and is encouraged to plan for the integration of health consultation within the coaching and mentoring system.
     (2) The ((purpose)) objectives of the early achievers program ((is)) are to:
     (a) ((To)) Improve short-term and long-term outcomes for children as measured by assessments including, but not limited to, the Washington kindergarten inventory of developing skills;
     (b) Give parents clear and easily accessible information about the quality of child care and early education programs((,));
     (c) Support improvement in early learning and care programs throughout the state((,));
     (d) Increase the readiness of children for school((, and));
     (e) Close the disparity in access to quality care;
     (f) Provide professional development opportunities to early care and education providers; and (((b) to))
     (g) Establish a common set of expectations and standards that define, measure, and improve the quality of early learning and care settings.
     (3) Participation in the early achievers program is voluntary for licensed or certified child care centers and homes.
     (4) ((By fiscal year 2015, Washington state preschool programs receiving state funds must enroll in the early achievers program and maintain a minimum score level.
     (5))) There are five levels in the early achievers program. Participants are expected to actively engage in the program and continually advance from level one, or the foundation level, to level five.
     (5)(a) Effective July 1, 2015, the department shall publish on the department's web site or offer a link on its web site the early achievers program rating levels one through five for all child care programs, early childhood education and assistance programs, and Washington head start programs.
     (b) The early achievers program ratings must be published on the department's web site or have a link on the department's web site within thirty days from the time a program becomes licensed or certified or receives a rating.
     (c) The early achievers program rating levels must be published on the department's web site or have a link on the department's web site in a manner that is easily accessible to parents and caregivers.
     (6)(a) The department must charge a fee for additional reratings requests made by program participants.
     (b) Fees charged are based on, but may not exceed, the cost to the department for the class of activities associated with the early achievers program.
     (c) The director shall establish the fees charged for the early achievers rerating process by rule.
     (7)(a) The department shall create a professional development pathway for early achievers participants to obtain a high school diploma or higher education credential in early childhood education, early childhood studies, child development, or an academic field related to early care and education.
     (b) The professional development pathway must include opportunities for scholarships and grants to assist early achievers participants with the costs associated with obtaining an educational degree.
     (8) Before final implementation of the early achievers program, the department shall report on program progress, as defined within the race to the top federal grant award, and expenditures to the appropriate policy and fiscal committees of the legislature. Nothing in this section changes the department's responsibility to collectively bargain over mandatory subjects.

NEW SECTION.  Sec. 3   A new section is added to chapter 43.215 RCW to read as follows:
     THE EARLY ACHIEVERS PROGRAM DATA COLLECTION AND EVALUATION. (1) The department shall collect longitudinal, student-level data on all children attending a working connections child care program or an early childhood education and assistance program. Data reported must be disaggregated in the smallest units allowable by law that do not identify an individual student. Data must be disaggregated by distinct ethnic categories within racial subgroups that align with categories established by the education data center established in RCW 43.41.400. Data collected should capture at a minimum the following characteristics:
     (a) Daily program attendance;
     (b) Identification of classroom and teacher;
     (c) Early achievers program quality level rating;
     (d) Program hours;
     (e) Program duration; and
     (f) Child cognitive and developmental gains.
     (2) Data collected pursuant to this section shall be provided to the education data center established in RCW 43.41.400.
     (3) Data collected pursuant to this section shall be provided to the Washington state institute for public policy.
     (4)(a) The Washington state institute for public policy shall conduct a longitudinal analysis examining relationships between the early achievers program quality ratings levels and outcomes for children participating in subsidized early care and education programs.
     (b) The institute shall submit the first report to the appropriate committees of the legislature by December 31, 2017. The institute shall submit subsequent reports annually to the appropriate committees of the legislature by December 31st, with the final report due December 31, 2020. The final report shall include a cost-benefit analysis.

Sec. 4   RCW 43.215.135 and 2013 c 323 s 9 are each amended to read as follows:
     (1) The department shall establish and implement policies in the working connections child care program to promote stability ((and)), quality of care for children from low-income households, and support school readiness for young learners. Policies for the expenditure of funds constituting the working connections child care program must be consistent with the outcome measures defined in RCW 74.08A.410 and the standards established in this section intended to promote quality early care and education programming, and stability and continuity of care for children.
     (2) ((Beginning in fiscal year 2013,)) Authorizations for the working connections child care subsidy ((shall be)) are effective for twelve months ((unless a change in circumstances necessitates reauthorization sooner than twelve months. The twelve-month certification applies only if the enrollments in the child care subsidy or working connections child care program are capped.
     (3) Subject to the availability of amounts appropriated for this specific purpose, beginning September 1, 2013, working connections child care providers shall receive a five percent increase in the subsidy rate for enrolling in level 2 in the early achievers programs. Providers must complete level 2 and advance to level 3 within thirty months in order to maintain this increase)). A child is eligible for working connections child care for a twelve-month enrollment period and may not be deemed ineligible due to any change in circumstance including, but not limited to, the following:
     (a) A change in family composition;
     (b) A change in a parent's or a caregiver's employment status;
     (c) A change in a parent's or a caregiver's employment status due to health, maternity or paternity leave, or other family leave condition as provided for in chapter 49.78 RCW; or
     (d) A change in a parent's or a caregiver's income.
     (3) The department shall adopt rules pertaining to the working connections child care program that outline the following:
     (a) Allowable periods of child absences;
     (b) Required contact with parents or caregivers to discuss child absences and encourage regular program attendance; and
     (c) A deenrollment procedure when allowable child absences are exceeded.
     (4) Child care providers serving nonschool age children and receiving state subsidy payments must enroll in the early achievers program and complete level two activities by July 1, 2017.
     (5) Child care providers serving nonschool age children and receiving state subsidy payments must be rated at level three in the early achievers program by July 1, 2019.
     (6) Effective July 1, 2015, a new child care provider serving nonschool age children and receiving state subsidy payments must:
     (a) Enroll in the early achievers program within thirty days;
     (b) Complete the early achievers program quality level two activities within twelve months from receiving a state subsidy; and
     (c) Rate as an early achievers program quality level three within thirty months from receiving a state subsidy payment.

NEW SECTION.  Sec. 5   A new section is added to chapter 43.215 RCW to read as follows:
     CONTRACTED CHILD CARE SLOTS. (1) The department shall employ a combination of vouchers and contracted slots for the subsidized child care program in RCW 43.215.135. Child care vouchers preserve parental choice. Child care contracted slots promote access to continuous quality care for children, provide parents and caregivers stable child care that supports employment, and allow providers to have predictable funding.
     (2) The department's duties relating to child care contracted slots include, but are not limited to:
     (a) Contracting at least twenty percent of the working connections child care program slots by January 1, 2016;
     (b) Awarding contracted slots via a competitive process and prioritizing child care programs with at least one of the following characteristics:
     (i) Programs offering full workday early care and education opportunities;
     (ii) Programs located in a high-need geographic area;
     (iii) Programs partnering with elementary schools to offer transitional planning and support to children as they advance to kindergarten; or
     (iv) Programs serving children involved in the child welfare system or children diagnosed with a special need;
     (c) Paying a provider for each contracted slot, unless a contracted slot is not used for thirty days;
     (d) Charging a child care copayment for each contracted slot; and
     (e) Establishing a copayment fee by rule.      
     (3) Only a child care provider who participates in the early achievers program and rates at a level three, four, or five is eligible to be awarded a contracted slot.

Sec. 6   RCW 43.215.425 and 1994 c 166 s 6 are each amended to read as follows:
     (1) The department shall adopt rules under chapter 34.05 RCW for the administration of the early childhood education and assistance program. Approved early childhood education and assistance 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.
     (2) The department, in developing rules for the early childhood education and assistance program, shall consult with the advisory 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.
     (3) The department shall adopt rules pertaining to the early childhood education and assistance program that outline allowable periods of child absences, required contact with parents or caregivers to discuss child absences and encourage regular attendance, and a deenrollment procedure when allowable child absences are exceeded.
     (4) The department shall adopt rules requiring all employees and volunteers of early childhood education and assistance programs to submit to a fingerprint background check. Fingerprint background check procedures for the early childhood education and assistance program shall be the same as the background check procedures in RCW 43.215.215.

Sec. 7   RCW 43.215.415 and 1994 c 166 s 5 are each amended to read as follows:
     (1) Approved early childhood programs shall receive state-funded support through the department. Public or private nonsectarian organizations, including, but not limited to school districts, educational service districts, community and technical colleges, local governments, or nonprofit organizations, are eligible to participate as providers of the state early childhood program.
     (2) Funds appropriated for the state program shall be used to continue to operate existing programs or to establish new or expanded early childhood programs((, and shall not be used to supplant federally supported head start programs)).
     (3) Funds obtained by providers through voluntary grants or contributions from individuals, agencies, corporations, or organizations may be used to expand or enhance preschool programs so long as program standards established by the department are maintained((, but shall not be used to supplant federally supported head start programs or state-supported early childhood programs)).
     (4) Persons applying to conduct the early childhood program shall identify targeted groups and the number of children to be served, program components, the qualifications of instructional and special staff, the source and amount of grants or contributions from sources other than state funds, facilities and equipment support, and transportation and personal care arrangements.
     (5) Early childhood education and assistance providers must enroll in the early achievers program and be rated at a level three by July 1, 2015.
     (6) Early childhood education and assistance providers must be rated at a level four in the early achievers program by July 1, 2019.
     (7) Effective January 1, 2014, new early childhood education and assistance program slots are only available to early achievers program participants rated at a level three, four, or five.
     (8) Effective July 1, 2017, any provider administering an early childhood education and assistance program must institute a working connections child care program and maintain an optional full workday program.

Sec. 8   RCW 43.215.455 and 2010 c 231 s 3 are each amended to read as follows:
     (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 RCW ((43.215.142)) 43.215.456. 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 in RCW 43.215.400 through 43.215.450.
     (3) The program implementation in this section shall prioritize programs meeting at least one of the following characteristics:
     (a) Programs located in a high-need geographical area;
     (b) Programs offering services to children diagnosed with a special need or children involved in the child welfare system; or
     (c) Programs that receive a working connections child care subsidy pursuant to RCW 43.215.135.
     (4) Only providers meeting both of the following requirements are eligible for the program implementation in this section:
     (a) Providers participating in the early achievers program and rated at a level 3, 4, or 5; and
     (b) Providers offering full workday early care and education programming.
     (5) 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; and
     (c) Accountability and adherence to performance standards.
     (((4))) (6) 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. 9   A new section is added to chapter 43.215 RCW to read as follows:
     SINGLE SET OF LICENSING STANDARDS. No later than July 1, 2015, the department shall implement a single set of licensing standards for child care and the early childhood education and assistance program. The new licensing standards must:
     (1) Use the early achievers program as a foundational framework and eliminate additional burdensome regulations for providers who demonstrate higher levels of quality care;
     (2) Take into account the separate needs of family care providers and child care centers; and
     (3) Promote the continued safety of child care settings.

NEW SECTION.  Sec. 10   A new section is added to chapter 43.215 RCW to read as follows:
     INTEGRATION WITH LOCAL GOVERNMENT EFFORTS. (1) The foundation of the early care and education system in Washington is the quality rating and improvement system entitled the early achievers program. In an effort to build on the existing quality framework, enhance access to quality care for children, and strengthen the entire early care and education system in the state, it is important to integrate the efforts of local government.
     (2) Local government is encouraged to collaborate with the department when establishing early learning programs for residents.
     (3) Local government may contribute funds to the department for the following purposes:
     (a) Initial investments to build capacity and quality in local early care and education programming; and
     (b) Reductions in copayments charged to parents or caregivers.

NEW SECTION.  Sec. 11   2013 2nd sp.s. c 16 s 2 (uncodified) is repealed.

NEW SECTION.  Sec. 12   A new section is added to chapter 43.215 RCW to read as follows:
     Chapter . . ., Laws of 2014 (this act) may be known and cited as the early start act.

NEW SECTION.  Sec. 13   If specific funding for the purposes of this act, referencing this act by bill or chapter number, is not provided by June 30, 2014, in the omnibus appropriations act, this act is null and void.