H-0794.1

HOUSE BILL 1676

ByRepresentatives Senn, Couture, Taylor, Stonier, Pollet, Callan, Rule, Goodman, and Kloba

AN ACT Relating to special education early support for infants and toddlers; and amending RCW 43.216.580.

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

Sec. 1. RCW 43.216.580 and 2020 c 90 s 1 are each amended to read as follows:

(1) The department is the state lead agency for Part C of the federal individuals with disabilities education act. The department shall administer the early support for infants and toddlers program, to provide early intervention services to all eligible children with disabilities from birth to three years of age. Eligibility shall be determined according to Part C of the federal individuals with disabilities education act or other applicable federal and state laws, and as specified in the Washington Administrative Code adopted by the department. Services provided under this section shall not supplant services or funding currently provided in the state for early intervention services to eligible children with disabilities from birth to three years of age.

(2)(a) Funding for the early support for infants and toddlers program shall be appropriated to the department based on the annual average headcount of children ages birth to three who are eligible for and receiving early intervention services, multiplied by the total statewide allocation generated by the distribution formula under RCW  28A.150.260 (4)(a), (5), (6), and (8) and the allocation under RCW  28A.150.415, per the statewide full-time equivalent enrollment in common schools, multiplied by ((1.15))1.38.

(b) The department shall distribute funds to early intervention services providers, and, when appropriate, to county lead agencies.

(c) For the purposes of this subsection (2), a child is receiving early intervention services if the child has received services within ((a month prior to))the same month as the monthly count day. The monthly count day must take place on the last business day of the month to capture the total number of children served in that same month.

(3) Federal funds associated with Part C of the federal individuals with disabilities education act shall be subject to payor of last resort requirements pursuant to 34 C.F.R. Sec. 303.510 (2020) for birth-to-three early intervention services provided under this section.

(4) The services in this section are not part of the state's program of basic education pursuant to Article IX of the state Constitution.

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