AN ACT Relating to age requirements for accessing the early childhood education and assistance program; amending RCW 43.216.505, 43.216.512, and 43.216.513; amending 2021 c 199 s 604 (uncodified); reenacting and amending RCW 43.216.505; providing effective dates; providing contingent effective dates; providing an expiration date; providing contingent expiration dates; and declaring an emergency.
Sec. 1. RCW 43.216.505 and 2021 c 67 s 1 are each amended to read as follows:Definitions. (Effective until July 1, 2026.)
Unless the context clearly requires otherwise, the definitions in this section apply throughout RCW 43.216.500 through 43.216.559, 43.216.900, and 43.216.901.
(1) "Advisory committee" means the advisory committee under RCW 43.216.520.
(2) "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 43.216.500 through 43.216.550, 43.216.900, and 43.216.901 and are designated as eligible for funding by the department under RCW 43.216.530 and 43.216.540.
(3) "Comprehensive" means an assistance program that focuses on the needs of the child and includes education, health, and family support services.
(4) "Eligible child" means a child who is at least three to five-year old child who years old by August 31st of the school year, is not yet age-eligible for kindergarten, is not a participant in a federal or state program providing comprehensive services, and who:
(a) Has a family income at or below one hundred ten 110 percent of the federal poverty level, as published annually by the federal department of health and human services;
(b) Is eligible for special education due to disability under RCW 28A.155.020; or
(c) Meets criteria under rules adopted by the department if the number of such children equals not more than ten 10 percent of the total enrollment in the early childhood program. Preference for enrollment in this group shall be given to children from families with the lowest income, children in foster care, or to eligible children from families with multiple needs.
(5) "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.
(6) "Homeless" means a child without a fixed, regular, and adequate nighttime residence as described in the federal McKinney-Vento homeless assistance act (Title 42 U.S.C., chapter 119, subchapter VI, part B) as it existed on January 1, 2021.
2021 c 67 s 1; 2019 c 408 s 2; 2017 3rd sp.s. c 6 s 210; 2014 c 160 s 4; 2014 c 160 s 3; 2013 2nd sp.s. c 16 s 4. Prior: 2010 c 231 s 7; 2006 c 265 s 210; 1999 c 350 s 1; 1994 c 166 s 2; 1990 c 33 s 213; 1988 c 174 s 2; 1985 c 418 s 2. Formerly RCW 43.215.405, 28A.215.110, 28A.34A.020.
Findings—Intent—2019 c 408: See note following RCW 43.216.512.
Effective date—2017 3rd sp.s. c 6 ss 102, 104-115, 201-227, 301-337, 401-419, 501-513, 801-803, and 805-822: See note following RCW 43.216.025.
Effective date—2014 c 160 s 4: "Section 4 of this act takes effect June 30, 2018." [2014 c 160 s 5.]
Findings—Intent—2013 2nd sp.s. c 16: "The legislature finds that high quality early learning opportunities are an important factor in lifelong success. The legislature is committed to expanding high quality evidence-based early learning opportunities in order to improve educational outcomes. The legislature further finds that moving toward effective and research-based practices are critical in achieving educational and societal outcomes from early learning investments. The legislature intends to continue improvements in early learning through ongoing evaluation, application of emerging research, and enhanced quality assurance. It is the intent of the legislature that additional investments in early learning will be based on current information regarding the most efficient, research-based, and cost-effective investments." [2013 2nd sp.s. c 16 s 1.]
Effective date—1994 c 166: See note following RCW 43.216.500.
Findings—1994 c 166; 1988 c 174: "The legislature finds that the early childhood education and assistance program provides for the educational, social, health, nutritional, and cultural development of children at risk of failure when they reach school age. The long-term benefits to society in the form of greater educational attainment, employment, and projected lifetime earnings as well as the savings to be realized, from lower crime rates, welfare support, and reduced teenage pregnancy, have been demonstrated through lifelong research of at-risk children and early childhood programs.The legislature intends to encourage development of community partnerships for children at risk by authorizing a program of voluntary grants and contributions from business and community organizations to increase opportunities for children to participate in early childhood education." [1994 c 166 s 3; 1988 c 174 s 1.]
Sec. 2. RCW 43.216.505 and 2021 c 199 s 204 are each reenacted and amended to read as follows:Definitions. (Effective July 1, 2026, until August 1, 2030.)
Unless the context clearly requires otherwise, the definitions in this section apply throughout RCW 43.216.500 through 43.216.559, 43.216.900, and 43.216.901.
(1) "Advisory committee" means the advisory committee under RCW 43.216.520.
(2) "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 43.216.500 through 43.216.550, 43.216.900, and 43.216.901 and are designated as eligible for funding by the department under RCW 43.216.530 and 43.216.540.
(3) "Comprehensive" means an assistance program that focuses on the needs of the child and includes education, health, and family support services.
(4) "Eligible child" means a child who is at least three to five-year old child who years old by August 31st of the school year, is not yet age-eligible for kindergarten, is not a participant in a federal or state program providing comprehensive services, and who:
(a) Has a family with financial need;
(b) Is experiencing homelessness;
(c) Has participated in early head start or a successor federal program providing comprehensive services for children from birth through two years of age, the early support for infants and toddlers program or received class C developmental services, the birth to three early childhood education and assistance program, or the early childhood intervention and prevention services program;
(d) Is eligible for special education due to disability under RCW 28A.155.020;
(e) Is Indian as defined in rule by the department after consultation and agreement with Washington state's federally recognized tribes pursuant to RCW 43.216.5052 and is at or below 100 percent of the state median income adjusted for family size; or
(f) Meets criteria under rules adopted by the department if the number of such children equals not more than ten 10 percent of the total enrollment in the early childhood program. Preference for enrollment in this group shall be given to children from families with the lowest income, children in foster care, or to eligible children from families with multiple needs.
(5) "Experiencing homelessness" means a child without a fixed, regular, and adequate nighttime residence as described in the federal McKinney-Vento homeless assistance act (Title 42 U.S.C., chapter 119, subchapter VI, part B) as it existed on January 1, 2021.
(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; and
(f) Connect with culturally competent, disability positive therapists and supports where appropriate.
(7) "Family with financial need" means families with incomes at or below 36 percent of the state median income adjusted for family size until the 2030-31 school year. Beginning in the 2030-31 school year, "family with financial need" means families with incomes at or below 50 percent of the state median income adjusted for family size.
2021 c 199 s 204; 2021 c 67 s 1; 2019 c 408 s 2; 2017 3rd sp.s. c 6 s 210; 2014 c 160 s 4; 2014 c 160 s 3; 2013 2nd sp.s. c 16 s 4. Prior: 2010 c 231 s 7; 2006 c 265 s 210; 1999 c 350 s 1; 1994 c 166 s 2; 1990 c 33 s 213; 1988 c 174 s 2; 1985 c 418 s 2. Formerly RCW 43.215.405, 28A.215.110, 28A.34A.020.
Reviser's note: The definitions in this section have been alphabetized pursuant to RCW 1.08.015(2)(k).
Effective date—2021 c 199 ss 204-206 and 403: "Sections 204 through 206 and 403 of this act take effect July 1, 2026." [2021 c 199 s 604.]
Findings—Intent—2021 c 199 ss 204-208: See note following RCW 43.216.513.
Short title—Findings—Intent—Conflict with federal requirements—2021 c 199: See notes following RCW 43.216.770.
Findings—Intent—2019 c 408: See note following RCW 43.216.512.
Effective date—2017 3rd sp.s. c 6 ss 102, 104-115, 201-227, 301-337, 401-419, 501-513, 801-803, and 805-822: See note following RCW 43.216.025.
Effective date—2014 c 160 s 4: "Section 4 of this act takes effect June 30, 2018." [2014 c 160 s 5.]
Findings—Intent—2013 2nd sp.s. c 16: "The legislature finds that high quality early learning opportunities are an important factor in lifelong success. The legislature is committed to expanding high quality evidence-based early learning opportunities in order to improve educational outcomes. The legislature further finds that moving toward effective and research-based practices are critical in achieving educational and societal outcomes from early learning investments. The legislature intends to continue improvements in early learning through ongoing evaluation, application of emerging research, and enhanced quality assurance. It is the intent of the legislature that additional investments in early learning will be based on current information regarding the most efficient, research-based, and cost-effective investments." [2013 2nd sp.s. c 16 s 1.]
Effective date—1994 c 166: See note following RCW 43.216.500.
Findings—1994 c 166; 1988 c 174: "The legislature finds that the early childhood education and assistance program provides for the educational, social, health, nutritional, and cultural development of children at risk of failure when they reach school age. The long-term benefits to society in the form of greater educational attainment, employment, and projected lifetime earnings as well as the savings to be realized, from lower crime rates, welfare support, and reduced teenage pregnancy, have been demonstrated through lifelong research of at-risk children and early childhood programs.The legislature intends to encourage development of community partnerships for children at risk by authorizing a program of voluntary grants and contributions from business and community organizations to increase opportunities for children to participate in early childhood education." [1994 c 166 s 3; 1988 c 174 s 1.]
Sec. 3. RCW 43.216.505 and 2024 c 225 s 2 are each amended to read as follows:Definitions. (Effective August 1, 2030.)
Unless the context clearly requires otherwise, the definitions in this section apply throughout RCW 43.216.500 through 43.216.559, 43.216.900, and 43.216.901.
(1) "Advisory committee" means the advisory committee under RCW 43.216.520.
(2) "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 43.216.500 through 43.216.550, 43.216.900, and 43.216.901 and are designated as eligible for funding by the department under RCW 43.216.530 and 43.216.540.
(3) "Comprehensive" means an assistance program that focuses on the needs of the child and includes education, health, and family support services.
(4) "Eligible child" means a child who is at least three to five-year old child who years old by August 31st of the school year, is not yet age-eligible for kindergarten, is not a participant in a federal or state program providing comprehensive services, and who:
(a) Has a family with an income at or below 50 percent of the state median income adjusted for family size;
(b) Is experiencing homelessness;
(c) Has participated in early head start or a successor federal program providing comprehensive services for children from birth through two years of age, the early support for infants and toddlers program or received class C developmental services, the birth to three early childhood education and assistance program, or the early childhood intervention and prevention services program;
(d) Is eligible for special education due to disability under RCW 28A.155.020;
(e) Is a member of an assistance unit that is eligible for or is receiving basic food benefits under the federal supplemental nutrition assistance program or the state food assistance program;
(f) Is Indian as defined in rule by the department after consultation and agreement with Washington state's federally recognized tribes pursuant to RCW 43.216.5052 and is at or below 100 percent of the state median income adjusted for family size; or
(g) Meets criteria under rules adopted by the department if the number of such children equals not more than ten 10 percent of the total enrollment in the early childhood program. Preference for enrollment in this group shall be given to children from families with the lowest income, children in foster care, or to eligible children from families with multiple needs.
(5) "Experiencing homelessness" means a child without a fixed, regular, and adequate nighttime residence as described in the federal McKinney-Vento homeless assistance act (Title 42 U.S.C., chapter 119, subchapter VI, part B) as it existed on January 1, 2021.
(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; and
(f) Connect with culturally competent, disability positive therapists and supports where appropriate.
2024 c 225 s 2. Prior: 2021 c 199 s 204; 2021 c 67 s 1; 2019 c 408 s 2; 2017 3rd sp.s. c 6 s 210; 2014 c 160 s 4; 2014 c 160 s 3; 2013 2nd sp.s. c 16 s 4; prior: 2010 c 231 s 7; 2006 c 265 s 210; 1999 c 350 s 1; 1994 c 166 s 2; 1990 c 33 s 213; 1988 c 174 s 2; 1985 c 418 s 2. Formerly RCW 43.215.405, 28A.215.110, 28A.34A.020.
Effective dates—2024 c 225 ss 2, 4, and 6: "Section 2 of this act takes effect August 1, 2030.Sections 4 and 6 of this act take effect July 1, 2026." [2024 c 225 s 7.]
Effective date—2021 c 199 ss 204-206 and 403: "Sections 204 through 206 and 403 of this act take effect July 1, 2026." [2021 c 199 s 604.]
Findings—Intent—2021 c 199 ss 204-208: See note following RCW 43.216.513.
Short title—Findings—Intent—Conflict with federal requirements—2021 c 199: See notes following RCW 43.216.770.
Findings—Intent—2019 c 408: See note following RCW 43.216.512.
Effective date—2017 3rd sp.s. c 6 ss 102, 104-115, 201-227, 301-337, 401-419, 501-513, 801-803, and 805-822: See note following RCW 43.216.025.
Effective date—2014 c 160 s 4: "Section 4 of this act takes effect June 30, 2018." [2014 c 160 s 5.]
Findings—Intent—2013 2nd sp.s. c 16: "The legislature finds that high quality early learning opportunities are an important factor in lifelong success. The legislature is committed to expanding high quality evidence-based early learning opportunities in order to improve educational outcomes. The legislature further finds that moving toward effective and research-based practices are critical in achieving educational and societal outcomes from early learning investments. The legislature intends to continue improvements in early learning through ongoing evaluation, application of emerging research, and enhanced quality assurance. It is the intent of the legislature that additional investments in early learning will be based on current information regarding the most efficient, research-based, and cost-effective investments." [2013 2nd sp.s. c 16 s 1.]
Effective date—1994 c 166: See note following RCW 43.216.500.
Findings—1994 c 166; 1988 c 174: "The legislature finds that the early childhood education and assistance program provides for the educational, social, health, nutritional, and cultural development of children at risk of failure when they reach school age. The long-term benefits to society in the form of greater educational attainment, employment, and projected lifetime earnings as well as the savings to be realized, from lower crime rates, welfare support, and reduced teenage pregnancy, have been demonstrated through lifelong research of at-risk children and early childhood programs.The legislature intends to encourage development of community partnerships for children at risk by authorizing a program of voluntary grants and contributions from business and community organizations to increase opportunities for children to participate in early childhood education." [1994 c 166 s 3; 1988 c 174 s 1.]
Sec. 4. RCW 43.216.512 and 2024 c 225 s 3 are each amended to read as follows:Expanded enrollment—Risk factors—Participation in other programs. (Effective until July 1, 2026.)
(1) The department shall adopt rules that allow the enrollment of children who meet one or more of the following criteria in the early childhood education and assistance program, as space is available if the number of such children equals not more than twenty-five 25 percent of total statewide enrollment:
(a) The child's family income is above one hundred ten 110 percent but less than or equal to one hundred thirty 130 percent of the federal poverty level;
(b) The child's family income is above one hundred thirty 130 percent but less than or equal to two hundred 200 percent of the federal poverty level if the child meets at least one of the risk factor criterion described in subsection (2) of this section; or
(c) Beginning November 1, 2024, the child is not eligible under RCW 43.216.505 and is a member of an assistance unit that is eligible for or is receiving basic food benefits under the federal supplemental nutrition assistance program or the state food assistance program.
(2) Children enrolled in the early childhood education and assistance program pursuant to subsection (1)(b) of this section must be prioritized for available funded slots according to a prioritization system adopted in rule by the department that considers risk factors that have a disproportionate effect on kindergarten readiness and school performance, including:
(a) Family income as a percent of the federal poverty level;
(b) Homelessness;
(c) Child welfare system involvement;
(d) Developmental delay or disability that does not meet the eligibility criteria for special education described in RCW 28A.155.020;
(e) Domestic violence;
(f) English as a second language;
(g) Expulsion from an early learning setting;
(h) A parent who is incarcerated;
(i) A parent with a substance use disorder or mental health treatment need; and
(j) Other risk factors determined by the department to be linked by research to school performance.
(3) The department shall adopt rules that allow a three-year-old child who is not eligible under RCW 43.216.505 to enroll in the early childhood education and assistance program, as space is available, when the child is not eligible under RCW 43.216.505 and the child turns three years old at any time during the school year when the child:
(a)(i) Has a family income at or below two hundred 200 percent of the federal poverty level or meets at least one risk factor criterion adopted by the department in rule; and
(b) (ii) Has received services from or participated in:
(i) (A) The early support for infants and toddlers program;
(ii) (B) The early head start or a successor federal program providing comprehensive services for children from birth through two years of age; or
(iii) (C) The birth to three early childhood education and assistance program, if such a program is established; or
(b) Did not turn three on or before August 31st of the school year, but otherwise meets the definition of eligible child under RCW 43.216.505.
(4) Children enrolled in the early childhood education and assistance program under this section are not considered eligible children as defined in RCW 43.216.505 and are not considered to be part of the state-funded entitlement required in RCW 43.216.556.
2024 c 225 s 3; 2019 c 409 s 2; 2019 c 408 s 5; 2018 c 155 s 2.
Expiration date—2024 c 225 ss 3 and 5: "Sections 3 and 5 of this act expire July 1, 2026." [2024 c 225 s 8.]
Contingent effective dates—2019 c 409 ss 1 and 2: "(1) Section 2 of this act takes effect only if chapter 408, Laws of 2019 is enacted by July 28, 2019.(2) Section 1 of this act takes effect only if section 2 of this act does not take effect by July 28, 2019." [2019 c 409 s 3.] Second Substitute Senate Bill No. 5437 was enacted into law May 21, 2019.
Contingent effective dates—2019 c 408 ss 4 and 5: "(1) Section 5 of this act takes effect only if chapter 409, Laws of 2019 is enacted by July 28, 2019.(2) Section 4 of this act takes effect only if section 5 of this act does not take effect by July 28, 2019." [2019 c 408 s 13.] Substitute Senate Bill No. 5089 was enacted into law May 21, 2019.
Findings—Intent—2019 c 408: "The legislature finds that the family income eligibility limit of one hundred ten percent of the federal poverty level for the early childhood education and assistance program hinders the state's ability to recruit and enroll qualified families, particularly in rural areas of the state and in tribal communities. This income barrier results in unused preschool slots and growing waiting lists of children who are from low-income families but who are over the established income limits. Therefore, the legislature intends to keep the qualifying income for the early childhood education and assistance program at one hundred ten percent of the federal poverty level for the purposes of entitlement caseload forecasting and allow for the flexibility to serve additional children with family incomes up to two hundred percent of the federal poverty level." [2019 c 408 s 1.]
Effective date—2018 c 155: "This act takes effect July 1, 2018." [2018 c 155 s 5.]
Findings—Intent—2018 c 155: "The legislature finds that research continues to demonstrate the efficacy of the state's early childhood education and assistance program, known as ECEAP. Studies in Washington and from other states show that ECEAP prepares children for kindergarten success and has significant positive impacts on third, fourth, and fifth grade test scores. The legislature also finds that in some areas of the state, expanding ECEAP has proven challenging because there are too few eligible children to form an ECEAP classroom. The result is that children who are income eligible and the furthest from opportunity remain unserved. The legislature finds further that in other ECEAP classrooms, funded seats remain empty because providers do not have sufficient flexibility to serve families in need who are slightly over income but often have similar risk factors. The legislature intends, therefore, to provide more flexibility in determining eligibility for ECEAP in order to maximize the state's investment and assure that program funding is deployed to serve the greatest number of children and families." [2018 c 155 s 1.]
Sec. 5. RCW 43.216.513 and 2021 c 199 s 206 are each amended to read as follows:Early entry—Participation in other programs. (Effective July 1, 2026.)
(1) The department shall adopt rules that allow a three-year-old child who is not eligible under RCW 43.216.505 to enroll in the early childhood education and assistance program, as space is available and subject to the availability of amounts appropriated for this specific purpose, when the child is not eligible under RCW 43.216.505 and the child turns three years old at any time during the school year when the child:
(a)(i) Has a family income at or below 50 percent of the state median income or meets at least one risk factor criterion adopted by the department in rule; and
(b) (ii) Has received services from or participated in:
(i) (A) The early head start or a successor federal program providing comprehensive services for children from birth through two years of age;
(ii) (B) The early support for infants and toddlers program or received class C developmental services;
(iii) (C) The birth to three early childhood education and assistance program; or
(iv) (D) The early childhood intervention and prevention services program; or
(b) Did not turn three on or before August 31st of the school year, but otherwise meets the definition of eligible child under RCW 43.216.505.
(2) Children enrolled in the early childhood education and assistance program under this section are not eligible children as defined in RCW 43.216.505 and are not part of the state-funded entitlement required in RCW 43.216.556.
Sec. 6. 2021 c 199 s 604 (uncodified) is amended to read as follows:
(1) Sections 204 through 206 and 403 of this act takes effect July 1, 2026.
(2) Sections 204 through 206 of this act take effect July 1, 2025.
Sec. 7. Section 2 of this act expires August 1, 2030.
Sec. 8. Section 3 of this act takes effect August 1, 2030.
Sec. 9. (1) Section 1 of this act takes effect only if chapter . . . (Senate Bill No. 5752), Laws of 2025 is not enacted by July 1, 2025.
(2) Section 2 of this act takes effect July 1, 2025, if chapter . . . (Senate Bill No. 5752), Laws of 2025 is enacted by July 1, 2025.
(3) Section 6 of this act takes effect only if chapter . . . (Senate Bill No. 5752), Laws of 2025 is enacted by July 1, 2025.
Sec. 10. (1) Section 4 of this act expires July 1, 2025, if chapter . . . (Senate Bill No. 5752), Laws of 2025 is enacted by July 1, 2025.
(2) Section 4 of this act expires July 1, 2026, if chapter . . . (Senate Bill No. 5752), Laws of 2025 is not enacted by July 1, 2025.
Sec. 11. Sections 2 and 5 of this act take effect July 1, 2026, if chapter . . . (Senate Bill No. 5752), Laws of 2025 is not enacted by July 1, 2025.
Sec. 12. Except as provided in sections 8 and 11 of this act, this act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect July 1, 2025.