H-3480.2  _______________________________________________

                          HOUSE BILL 2373

          _______________________________________________

State of Washington      56th Legislature     2000 Regular Session

By Representatives Kagi, D. Sommers, Tokuda, Cody, Edwards, Kenney, Murray, Wolfe, Ogden, Morris, Stensen, Veloria, Schual‑Berke, Wood, Edmonds, Kessler, Regala, Cooper, Scott, Anderson, Dickerson, Santos and Lovick

Read first time 01/11/2000.  Referred to Committee on Children & Family Services.

Creating the office of child care and early education.

    AN ACT Relating to creating the office of child care and early education; amending RCW 28B.135.010, 28B.135.030, 28B.135.040, 41.04.380, 41.04.385, 43.20A.750, 43.31.504, 74.13.085, 74.13.090, 74.13.0901, 74.13.0902, 74.13.0903, 74.13.095, 74.14B.040, 28A.215.110, 28A.215.120, 28A.215.130, 28A.215.140, 28A.215.150, 28A.215.160, 28A.215.170, 28A.215.180, 28A.215.190, 28A.215.200, and 43.63A.066; adding a new section to chapter 41.06 RCW; adding a new chapter to Title 43 RCW; creating new sections; and providing an effective date.

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

NEW SECTION. Sec. 1.  (1) The legislature recognizes that:

    (a) Child care and early education are an important part of the daily lives of Washington families;

    (b) The state is involved in many child care and early education programs that are administered through at least five state agencies;

    (c) A more cohesive and integrated early learning and youth care system would result in greater efficiencies for the state and greater accessibility for the families that the programs are intended to serve; and

    (d) An effective system of governance would provide leadership and vision lacking in the current fragmented system.

    (2) The legislature finds that the early years of a child's life are critical to the child's healthy brain development and that the quality of caregiving during the early years can significantly impact the child's intellectual and emotional growth and social adjustment.

    (3) It is therefore the purpose of this chapter to establish the office of child care and early education, the purpose of which is to coordinate and consolidate child care and early learning programs.

NEW SECTION. Sec. 2.  (1) The office of child care and early education is created as an executive branch agency.  The office 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 office are to coordinate and consolidate child care and early learning programs in order to administer programs and grant funding as efficiently as possible.  The office's duties include, but are not limited to, the following:

    (a) To administer child care and early learning programs;

    (b) To the extent possible under federal and state law, to standardize financial audits, oversight visits, performance benchmarks, and licensing criteria, so that programs can function in an integrated fashion; and

    (c) To coordinate state agency efforts to purchase, deliver, and arrange child care effectively.

NEW SECTION. Sec. 3.  Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter.

    (1) "Administrator" means the administrator of the office.

    (2) "Office" means the office of child care and early education created in this chapter.

NEW SECTION. Sec. 4.  (1) The executive head and appointing authority of the agency is the administrator.  The administrator shall be appointed by the governor, with the consent of the senate, and shall serve at the pleasure of the governor.  The administrator shall be paid a salary to be fixed by the governor in accordance with RCW 43.03.040.  If a vacancy occurs in the position while the senate is not in session, the governor shall make a temporary appointment until the next meeting of the senate.

    (2) The administrator may employ up to seven staff members, who shall be exempt from chapter 41.06 RCW, and any additional staff members as are necessary to administer this chapter.  The administrator may delegate any power or duty vested in him or her by this chapter, including authority to make final decisions and enter final orders in hearings conducted under chapter 34.05 RCW.

NEW SECTION. Sec. 5.  It is the intent of the legislature wherever possible to place the internal affairs of the office under the control of the administrator in order that the administrator may institute therein the flexible, alert, and intelligent management of its business that changing contemporary circumstances require.  Therefore, whenever the administrator's authority is not specifically limited by law, the administrator has complete charge and supervisory powers over the office.  The administrator may create such administrative structures as the administrator considers appropriate, except as otherwise specified by law.  The administrator may employ such assistants and personnel as necessary for the general administration of the office.  This employment shall be in accordance with the state civil service law, chapter 41.06 RCW, except as otherwise provided.

NEW SECTION. Sec. 6.  The administrator may appoint such advisory committees or councils as may be required by any federal legislation as a condition to the receipt of federal funds by the office.  The administrator may also appoint state-wide committees or councils on such subject matters as are or come within the office's responsibilities.  The state-wide committees and councils shall have representation from both major political parties and shall have substantial consumer representation.  The committees or councils shall be constituted as required by federal law or as the administrator may determine.  The members of the committees or councils shall hold office as follows:  One-third to serve one year; one-third to serve two years; and one-third to serve three years.  Upon expiration of the original terms, subsequent appointments shall be for three years except in the case of a vacancy, in which event appointment shall be only for the remainder of the unexpired term for which the vacancy occurs.  No member may serve more than two consecutive terms.

    Members of such state advisory committees or councils may be paid their travel expenses in accordance with RCW 43.03.050 and 43.03.060.

NEW SECTION. Sec. 7.  In furtherance of the policy of the state to cooperate with the federal government in all of the programs under the jurisdiction of the office, such rules as may become necessary to entitle the state to participate in federal funds may be adopted, unless expressly prohibited by law.  Any internal reorganization carried out under the terms of this chapter shall meet federal requirements that are a necessary condition to state receipt of federal funds.  Any section or provision of law dealing with the office that may be susceptible to more than one construction shall be interpreted in favor of the construction most likely to comply with federal laws entitling this state to receive federal funds for the various programs of the office.  If any law dealing with the office is ruled to be in conflict with federal requirements that are a prescribed condition of the allocation of federal funds to the state, or to any departments or agencies thereof, the conflicting part is declared to be inoperative solely to the extent of the conflict.

NEW SECTION. Sec. 8.  A new section is added to chapter 41.06 RCW to read as follows:

    In addition to the exemptions under RCW 41.06.070, the provisions of this chapter shall not apply in the office of child care and early education to the administrator and up to seven staff members.

NEW SECTION. Sec. 9.  (1) All powers, duties, and functions of the higher education coordinating board, the state board for community and technical colleges, the office of financial management, the department of personnel, the department of community, trade, and economic development, the child care coordinating committee, the department of social and health services, the department of health, the family policy council, the office of the superintendent of public instruction, the department of labor and industries, and the Washington council for the prevention of child abuse and neglect pertaining to child care and early learning programs are transferred to the office of child care and early education.

    (2)(a) All reports, documents, surveys, books, records, files, papers, or written material in the possession of the higher education coordinating board, the state board for community and technical colleges, the office of financial management, the department of personnel, the department of community, trade, and economic development, the child care coordinating committee, the department of social and health services, the department of health, the family policy council, the office of the superintendent of public instruction, the department of labor and industries, and the Washington council for the prevention of child abuse and neglect pertaining to the powers, functions, and duties transferred shall be delivered to the custody of the office of child care and early education.  All cabinets, furniture, office equipment, motor vehicles, and other tangible property employed by the higher education coordinating board, the state board for community and technical colleges, the office of financial management, the department of personnel, the department of community, trade, and economic development, the child care coordinating committee, the department of social and health services, the department of health, the family policy council, the office of the superintendent of public instruction, the department of labor and industries, and the Washington council for the prevention of child abuse and neglect in carrying out the powers, functions, and duties transferred shall be made available to the office of child care and early education.  All funds, credits, or other assets held in connection with the powers, functions, and duties transferred shall be assigned to the office of child care and early education.

    (b) Any appropriations made to the higher education coordinating board, the state board for community and technical colleges, the office of financial management, the department of personnel, the department of community, trade, and economic development, the child care coordinating committee, the department of social and health services, the department of health, the family policy council, the office of the superintendent of public instruction, the department of labor and industries, and the Washington council for the prevention of child abuse and neglect for carrying out the powers, functions, and duties transferred shall, on the effective date of this section, be transferred and credited to the office of child care and early education.

    (c) Whenever any question arises as to the transfer of any personnel, funds, books, documents, records, papers, files, equipment, or other tangible property used or held in the exercise of the powers and the performance of the duties and functions transferred, the director of financial management shall make a determination as to the proper allocation and certify the same to the state agencies concerned.

    (3) All employees of the higher education coordinating board, the state board for community and technical colleges, the office of financial management, the department of personnel, the department of community, trade, and economic development, the child care coordinating committee, the department of social and health services, the department of health, the family policy council, the office of the superintendent of public instruction, the department of labor and industries, and the Washington council for the prevention of child abuse and neglect engaged in performing the powers, functions, and duties transferred are transferred to the jurisdiction of the office of child care and early education.  All employees classified under chapter 41.06 RCW, the state civil service law, are assigned to the child care and early education board to perform their usual duties upon the same terms as formerly, without any loss of rights, subject to any action that may be appropriate thereafter in accordance with the laws and rules governing state civil service.

    (4) All rules and all pending business before the higher education coordinating board, the state board for community and technical colleges, the office of financial management, the department of personnel, the department of community, trade, and economic development, the child care coordinating committee, the department of social and health services, the department of health, the family policy council, the office of the superintendent of public instruction, the department of labor and industries, and the Washington council for the prevention of child abuse and neglect pertaining to the powers, functions, and duties transferred shall be continued and acted upon by the office of child care and early education.  All existing contracts and obligations shall remain in full force and shall be performed by the office of child care and early education.

    (5) The transfer of the powers, duties, functions, and personnel of the higher education coordinating board, the state board for community and technical colleges, the office of financial management, the department of personnel, the department of community, trade, and economic development, the child care coordinating committee, the department of social and health services, the department of health, the family policy council, the office of the superintendent of public instruction, the department of labor and industries, and the Washington council for the prevention of child abuse and neglect shall not affect the validity of any act performed before the effective date of this section.

    (6) If apportionments of budgeted funds are required because of the transfers directed by this section, the director of financial management shall certify the apportionments to the agencies affected, the state auditor, and the state treasurer.  Each of these shall make the appropriate transfer and adjustments in funds and appropriation accounts and equipment records in accordance with the certification.

    (7) Nothing contained in this section may be construed to alter any existing collective bargaining unit or the provisions of any existing collective bargaining agreement until the agreement has expired or until the bargaining unit has been modified by action of the personnel board as provided by law.

    Sec. 10.  RCW 28B.135.010 and 1999 c 375 s 1 are each amended to read as follows:

    Two Washington accounts for student child care in higher education are established.  The ((higher education coordinating board and the state board for community and technical colleges)) office of child care and early education shall administer the programs.  Through these programs the ((boards)) office may award on a competitive basis child care grants to state institutions of higher education to encourage programs to address the need for high quality, accessible, and affordable child care for students at higher education institutions.  The university or college administration and student government association, or its equivalent, of each institution receiving the award shall contribute financial support in an amount equal to the child care grant received by the institution.

    Sec. 11.  RCW 28B.135.030 and 1999 c 375 s 3 are each amended to read as follows:

    The ((higher education coordinating board)) office of child care and early education shall administer the program for four-year institutions of higher education((.  The state board for community and technical colleges shall administer the program)) and for community and technical colleges.  The ((higher education coordinating board and the state board for community and technical colleges shall have)) office has the following powers and duties in administering each program:

    (1) To adopt rules necessary to carry out the program;

    (2) To establish one or more review committees to assist in the evaluation of proposals for funding.  The review committee shall include but not be limited to individuals from the Washington association for the education of young children, the child care coordinating committee, and the child care resource and referral network;

    (3) To establish each biennium specific guidelines for submitting grant proposals consistent with the overall goals of the program.  During the 1999-2001 biennium the guidelines shall be consistent with the following desired outcomes of increasing access to child care for students, addressing the demand for infant and toddler care, providing affordable child care alternatives, creating more cooperative preschool programs, creating models that can be replicated at other institutions, creating a partnership between university or college administrations and student government, or its equivalent and increasing efficiency and innovation at campus child care centers;

    (4) To establish guidelines for an allocation system based on factors that include but are not limited to:  The amount of money available in the trust fund; characteristics of the institutions including the size of the faculty and student body; and the number of child care grants received;

    (5) To solicit grant proposals and provide information to the institutions of higher education about the program; and

    (6) To establish reporting, evaluation, accountability, monitoring, and dissemination requirements for the recipients of the grants.

    Sec. 12.  RCW 28B.135.040 and 1999 c 375 s 4 are each amended to read as follows:

    Two accounts for student child care in higher education are established in the custody of the state treasurer.  Moneys in the accounts may be spent only for the purposes of RCW 28B.135.010.  Disbursements from ((one of)) the accounts shall be on the authorization of the ((higher education coordinating board and disbursements from the other account shall be on the authorization of the state board for community and technical colleges)) office of child care and early education.  The accounts are subject to the allotment procedures under chapter 43.88 RCW, but no appropriation is required for disbursements.

    Sec. 13.  RCW 41.04.380 and 1993 c 194 s 3 are each amended to read as follows:

    When suitable space is determined to be available, either agencies or organizations of state employees may contract with one or more providers to operate child care facilities.

    Subject to the approval of the ((director of financial management)) administrator of the office of child care and early education, suitable space for child care centers may be provided to organizations of state employees without charge or at reduced charge for rent or services solely for the purpose of reducing employee child care costs.

    Sec. 14.  RCW 41.04.385 and 1993 c 194 s 5 are each amended to read as follows:

    The legislature finds that (1) demographic, economic, and social trends underlie a critical and increasing demand for child care in the state of Washington; (2) working parents and their children benefit when the employees' child care needs have been resolved; (3) the state of Washington should serve as a model employer by creating a supportive atmosphere, to the extent feasible, in which its employees may meet their child care needs; and (4) the state of Washington should encourage the development of partnerships between state agencies, state employees, state employee labor organizations, and private employers to expand the availability of affordable quality child care.  The legislature finds further that resolving employee child care concerns not only benefits the employees and their children, but may benefit the employer by reducing absenteeism, increasing employee productivity, improving morale, and enhancing the employer's position in recruiting and retaining employees.  Therefore, the legislature declares that it is the policy of the state of Washington to assist state employees by creating a supportive atmosphere in which they may meet their child care needs.  Policies and procedures for state agencies to address employee child care needs will be the responsibility of the ((director of personnel)) administrator of the office of child care and early education in consultation with the child care coordinating committee, as provided in RCW 74.13.090 and state employee representatives as provided under RCW 41.06.140.

    Sec. 15.  RCW 43.20A.750 and 1997 c 367 s 16 are each amended to read as follows:

    (1) The department of social and health services shall help families and workers in rural natural resources impact areas make the transition through economic difficulties and shall provide services to assist workers to gain marketable skills.  The department, as a member of the agency rural community assistance task force and, where appropriate, under an interagency agreement with the department of community, trade, and economic development, shall provide grants through the office of the secretary for services to the unemployed in rural natural resources impact areas and to dislocated salmon fishing workers as defined in RCW 43.63A.021 who live in urban areas of qualifying rural natural resource impact counties, including providing direct or referral services, establishing and operating service delivery programs, and coordinating delivery programs and delivery of services.  These grants may be awarded for family support centers, reemployment centers, or other local service agencies.

    (2) The services provided through the grants may include, but need not be limited to:  Credit counseling; social services including marital counseling; psychotherapy or psychological counseling; mortgage foreclosures and utilities problems counseling; drug and alcohol abuse services; medical services; and residential heating and food acquisition.

    (3) Funding for these services shall be coordinated through the agency rural community assistance task force which will establish a fund to provide child care assistance, mortgage assistance, and counseling which cannot be met through current programs.  No funds shall be used for additional full-time equivalents for administering this section.

    (4)(a) Grants for family support centers are intended to provide support to families by responding to needs identified by the families and communities served by the centers.  Services provided by family support centers may include parenting education, child development assessments, health and nutrition education, counseling, and information and referral services.  Such services may be provided directly by the center or through referral to other agencies participating in the interagency team.

    (b) The department shall consult with the office of child care and early education and the council on child abuse or neglect regarding grants for family support centers.

    (5) "Rural natural resources impact area" means:

    (a) A nonmetropolitan county, as defined by the 1990 decennial census, that meets three of the five criteria set forth in subsection (6) of this section;

    (b) A nonmetropolitan county with a population of less than forty thousand in the 1990 decennial census, that meets two of the five criteria as set forth in subsection (6) of this section; or

    (c) A nonurbanized area, as defined by the 1990 decennial census, that is located in a metropolitan county that meets three of the five criteria set forth in subsection (6) of this section.

    (6) For the purposes of designating rural natural resources impact areas, the following criteria shall be considered:

    (a) A lumber and wood products employment location quotient at or above the state average;

    (b) A commercial salmon fishing employment location quotient at or above the state average;

    (c) Projected or actual direct lumber and wood products job losses of one hundred positions or more;

    (d) Projected or actual direct commercial salmon fishing job losses of one hundred positions or more; and

    (e) An unemployment rate twenty percent or more above the state average.  The counties that meet these criteria shall be determined by the employment security department for the most recent year for which data is available.  For the purposes of administration of programs under this chapter, the United States post office five-digit zip code delivery areas will be used to determine residence status for eligibility purposes.  For the purpose of this definition, a zip code delivery area of which any part is ten miles or more from an urbanized area is considered nonurbanized.  A zip code totally surrounded by zip codes qualifying as nonurbanized under this definition is also considered nonurbanized.  The office of financial management shall make available a zip code listing of the areas to all agencies and organizations providing services under this chapter.

    Sec. 16.  RCW 43.31.504 and 1993 c 280 s 45 are each amended to read as follows:

    The child care facility fund committee is established within the ((business assistance center of the department of community, trade, and economic development)) office of child care and early education.  The committee shall administer the child care facility fund, with review by the ((director of community, trade, and economic development)) administrator of the office.

    (1) The committee shall have five members.  The ((director of community, trade, and economic development)) administrator of the office shall appoint the members, who shall include:

    (a) Two persons experienced in investment finance and having skills in providing capital to new businesses, in starting and operating businesses, and providing professional services to small or expanding businesses;

    (b) One person representing a philanthropic organization with experience in evaluating funding requests;

    (c) One child care services expert; and

    (d) One early childhood development expert.

    In making these appointments, the ((director)) administrator shall give careful consideration to ensure that the various geographic regions of the state are represented and that members will be available for meetings and are committed to working cooperatively to address child care needs in Washington state.

    (2) The committee shall elect officers from among its membership and shall adopt policies and procedures specifying the lengths of terms, methods for filling vacancies, and other matters necessary to the ongoing functioning of the committee.

    (3) Committee members shall serve without compensation, but may request reimbursement for travel expenses as provided in RCW 43.03.050 and 43.03.060.

    (4) Committee members shall not be liable to the state, to the child care facility fund, or to any other person as a result of their activities, whether ministerial or discretionary, as members except for willful dishonesty or intentional violation of the law.  The ((department of community, trade, and economic development)) office of child care and early education may purchase liability insurance for members and may indemnify these persons against the claims of others.

    Sec. 17.  RCW 74.13.085 and 1989 c 381 s 2 are each amended to read as follows:

    It shall be the policy of the state of Washington to:

    (1) Recognize the family as the most important social and economic unit of society and support the central role parents play in child rearing.  All parents are encouraged to care for and nurture their children through the traditional methods of parental care at home.  However, there has been a dramatic increase in participation of women in the workforce which has made the availability of quality, affordable child care a critical concern for the state and its citizens.  There are not enough child care services and facilities to meet the needs of working parents, the costs of care are often beyond the resources of working parents, and child care facilities are not located conveniently to work places and neighborhoods.  Parents are encouraged to participate fully in the effort to improve the quality of child care services.

    (2) Promote a variety of culturally and developmentally appropriate child care settings and services of the highest possible quality in accordance with the basic principle of continuity of care.  These settings shall include, but not be limited to, family day care homes, mini-centers, centers and schools.

    (3) Promote the growth, development and safety of children by working with community groups including providers and parents to establish standards for quality service, training of child care providers, fair and equitable monitoring, and salary levels commensurate with provider responsibilities and support services.

    (4) Promote equal access to quality, affordable, socio-economically integrated child care for all children and families.

    (5) Facilitate broad community and private sector involvement in the provision of quality child care services to foster economic development and assist industry through the office of child care and early education.

    Sec. 18.  RCW 74.13.090 and 1995 c 399 s 204 are each amended to read as follows:

    (1) ((There is established a child care coordinating committee to provide)) The office of child care and early education shall facilitate coordination and communication between state agencies responsible for child care and early childhood education services.  The office shall establish a child care coordinating committee ((shall be)) composed of not less than seventeen nor more than thirty-three members who shall include:

    (a) One representative each from the department of social and health services, the department of community, trade, and economic development, the office of the superintendent of public instruction, and any other agency having responsibility for regulation, provision, or funding of child care services in the state;

    (b) One representative from the department of labor and industries;

    (c) One representative from the department of revenue;

    (d) One representative from the employment security department;

    (e) One representative from the department of personnel;

    (f) One representative from the department of health;

    (g) At least one representative of family home child care providers and one representative of center care providers;

    (h) At least one representative of early childhood development experts;

    (i) At least one representative of school districts and teachers involved in the provision of child care and preschool programs;

    (j) At least one parent education specialist;

    (k) At least one representative of resource and referral programs;

    (l) One pediatric or other health professional;

    (m) At least one representative of college or university child care providers;

    (n) At least one representative of a citizen group concerned with child care;

    (o) At least one representative of a labor organization;

    (p) At least one representative of a head start - early childhood education assistance program agency;

    (q) At least one employer who provides child care assistance to employees;

    (r) Parents of children receiving, or in need of, child care, half of whom shall be parents needing or receiving subsidized child care and half of whom shall be parents who are able to pay for child care.

    The named state agencies shall select their representative to the child care coordinating committee.  The ((department of social and health services)) office of child care and early education shall select the remaining members, considering recommendations from lists submitted by professional associations and other interest groups until such time as the committee adopts a member selection process.  The ((department)) office shall use any federal funds which may become available to accomplish the purposes of RCW 74.13.085 through 74.13.095.

    The committee shall elect officers from among its membership and shall adopt policies and procedures specifying the lengths of terms, methods for filling vacancies, and other matters necessary to the ongoing functioning of the committee.  The ((secretary of social and health services)) administrator of the office shall appoint a temporary chair until the committee has adopted policies and elected a chair accordingly.  Child care coordinating committee members shall be reimbursed for travel expenses as provided in RCW 43.03.050 and 43.03.060.

    (2) To the extent possible within available funds, the child care coordinating committee shall:

    (a) Serve as an advisory coordinator for all state agencies responsible for early childhood or child care programs for the purpose of improving communication and interagency coordination;

    (b) Annually review state programs and make recommendations to the agencies and the legislature which will maximize funding and promote furtherance of the policies set forth in RCW 74.13.085.  Reports shall be provided to all appropriate committees of the legislature by December 1st of each year.  At a minimum the committee shall:

    (i) Review and propose changes to the child care subsidy system in its December 1989 report;

    (ii) Review alternative models for child care service systems, in the context of the policies set forth in RCW 74.13.085, and recommend to the legislature a new child care service structure; and

    (iii) Review options and make recommendations on the feasibility of establishing an allocation for day care facilities when constructing state buildings;

    (c) Review ((department of social and health services)) child care and early education office administration of the child care expansion grant program described in RCW 74.13.095;

    (d) Review rules regarding child care facilities and services for the purpose of identifying those which unnecessarily obstruct the availability and affordability of child care in the state;

    (e) Advise and assist the office of child care policy in implementing his or her duties under RCW 74.13.0903;

    (f) Perform other functions to improve the quantity and quality of child care in the state, including compliance with existing and future prerequisites for federal funding; and

    (g) Advise and assist the ((department of personnel)) office in its responsibility for establishing policies and procedures that provide for the development of quality child care programs for state employees.

    Sec. 19.  RCW 74.13.0901 and 1989 c 381 s 4 are each amended to read as follows:

    The child care partnership is established as a subcommittee of the child care coordinating committee to increase employer assistance and involvement in child care, and to foster cooperation between business and government to improve the availability, quality, and affordability of child care services in the state.

    (1) The partnership shall have nine members who may be drawn from the membership of the child care coordinating committee.  The ((secretary of the department of social and health services)) administrator of the office of child care and early education shall appoint the partnership members, who shall include:

    (a) At least two members representing labor organizations;

    (b) At least one member representing each of the following:  Businesses with one through fifty employees, businesses with fifty-one through two hundred employees, and businesses with more than two hundred employees; and

    (c) At least one representative of local child care resource and referral organizations.

    (2) The partnership shall follow the same policies and procedures adopted by the child care coordinating committee, and members shall be reimbursed for travel expenses as provided in RCW 43.03.050 and 43.03.060.

    (3) To the extent possible within available funds, the partnership shall:

    (a) Review and propose statutory and administrative changes to encourage employer involvement in child care and partnerships between employers and the public sector to increase the quantity, quality, and affordability of child care services and facilities in this state;

    (b) Review public and private child care programs with the purpose of enhancing communications and coordination among business, labor, public agencies, and child care providers in order to encourage employers to develop and implement child care services for their employees;

    (c) Evaluate alternative employer-assisted child care service systems, in the context of the policies set forth in RCW 74.13.085, and recommend to the legislature and local governments ways to encourage and enhance employer-assisted child care services in the state, including statutory and administrative changes;

    (d) Evaluate the impact of workplace personnel practices and policies, including flexible work schedules, on the ability of parents to access or provide care for their children, and make recommendations to employers and the legislature in this regard;

    (e) Study the liability insurance issues related to the provision of employer-assisted child care and report the findings and recommendations to the legislature; and

    (f) Advise and assist the employer liaison in the implementation of its duties under RCW 74.13.0902.

    All findings and recommendations of the partnership to the legislature shall be incorporated into the annual report of the child care coordinating committee required under RCW 74.13.090.

    Sec. 20.  RCW 74.13.0902 and 1989 c 381 s 6 are each amended to read as follows:

    An employer liaison position is established in the ((department of social and health services to be colocated at the business assistance center established under RCW 43.31.083)) office of child care and early education.  The employer liaison shall, within appropriated funds:

    (1) Staff and assist the child care partnership in the implementation of its duties under RCW 74.13.0901;

    (2) Provide technical assistance to employers regarding child care services, working with and through local resource and referral organizations whenever possible.  Such technical assistance shall include at a minimum:

    (a) Assessing the child care needs of employees and prospective employees;

    (b) Reviewing options available to employers interested in increasing access to child care for their employees;

    (c) Developing techniques to permit small businesses to increase access to child care for their employees;

    (d) Reviewing methods of evaluating the impact of child care activities on employers; and

    (e) Preparing, collecting, and distributing current information for employers on options for increasing involvement in child care; and

    (3) Provide assistance to local child care resource and referral organizations to increase their capacity to provide quality technical assistance to employers in their community.

    Sec. 21.  RCW 74.13.0903 and 1997 c 58 s 404 are each amended to read as follows:

    The office of child care policy is established to operate under the authority of the ((department of social and health services)) office of child care and early education.  The duties and responsibilities of the office include, but are not limited to, the following, within appropriated funds:

    (1) Staff and assist the child care coordinating committee in the implementation of its duties under RCW 74.13.090;

    (2) Work in conjunction with the state-wide child care resource and referral network as well as local governments, nonprofit organizations, businesses, and community child care advocates to create local child care resource and referral organizations.  These organizations may carry out needs assessments, resource development, provider training, technical assistance, and parent information and training;

    (3) Actively seek public and private money for distribution as grants to the state-wide child care resource and referral network and to existing or potential local child care resource and referral organizations;

    (4) Adopt rules regarding the application for and distribution of grants to local child care resource and referral organizations.  The rules shall, at a minimum, require an applicant to submit a plan for achieving the following objectives:

    (a) Provide parents with information about child care resources, including location of services and subsidies;

    (b) Carry out child care provider recruitment and training programs, including training under RCW 74.25.040;

    (c) Offer support services, such as parent and provider seminars, toy-lending libraries, and substitute banks;

    (d) Provide information for businesses regarding child care supply and demand;

    (e) Advocate for increased public and private sector resources devoted to child care;

    (f) Provide technical assistance to employers regarding employee child care services; and

    (g) Serve recipients of temporary assistance for needy families and working parents with incomes at or below household incomes of one hundred seventy-five percent of the federal poverty line;

    (5) Provide staff support and technical assistance to the state-wide child care resource and referral network and local child care resource and referral organizations;

    (6) Maintain a state-wide child care licensing data bank and work with department of social and health services licensors to provide information to local child care resource and referral organizations about licensed child care providers in the state;

    (7) Through the state-wide child care resource and referral network and local resource and referral organizations, compile data about local child care needs and availability for future planning and development;

    (8) Coordinate with the state-wide child care resource and referral network and local child care resource and referral organizations for the provision of training and technical assistance to child care providers; and

    (9) Collect and assemble information regarding the availability of insurance and of federal and other child care funding to assist state and local agencies, businesses, and other child care providers in offering child care services.

    Sec. 22.  RCW 74.13.095 and 1988 c 213 s 3 are each amended to read as follows:

    (1) The legislature recognizes that a severe shortage of child care exists to the detriment of all families and employers throughout the state.  Many workers are unable to enter or remain in the work force due to a shortage of child care resources.  The high costs of starting a child care business create a barrier to the creation of new slots, especially for children with special needs.

    (2) A child care expansion grant fund is created in the custody of the ((secretary of the department of social and health services)) administrator of the office of child care and early education.  Grants shall be awarded on a one-time only basis to persons, organizations, or schools needing assistance to start a child care center or mini-center as defined by the department by rule, or to existing licensed child care providers, including family home providers, for the purpose of making capital improvements in order to accommodate handicapped children as defined under chapter 72.40 RCW, sick children, or infant care, or children needing night time care.  No grant may exceed ten thousand dollars.  Start-up costs shall not include operational costs after the first three months of business.

    (3) Child care expansion grants shall be awarded on the basis of need for the proposed services in the community, within appropriated funds.

    (4) The ((department)) office of child care and early education shall adopt rules under chapter 34.05 RCW setting forth criteria, application procedures, and methods to assure compliance with the purposes described in this section.

    Sec. 23.  RCW 74.14B.040 and 1987 c 503 s 13 are each amended to read as follows:

    The ((department)) office of child care and early education shall, within funds appropriated for this purpose, provide therapeutic day care and day treatment to children who have been abused or neglected and meet program eligibility criteria.

    Sec. 24.  RCW 28A.215.110 and 1999 c 350 s 1 are each amended to read as follows:

    Unless the context clearly requires otherwise, the definitions in this section apply throughout RCW 28A.215.100 through 28A.215.200 and 28A.215.900 through 28A.215.908.

    (1) "Advisory committee" means the advisory committee under RCW 28A.215.140.

    (2) (("Department" means the department of community, trade, and economic development.)) "Office" means the office of child care and early education established in chapter 43.-- RCW (sections 1 through 7 of this act).

    (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.  Priority for enrollment shall be given to children from families with the lowest income 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 of community, trade, and economic development as meeting the minimum program rules adopted by the department to qualify under RCW 28A.215.100 through 28A.215.200 and 28A.215.900 through 28A.215.908 and are designated as eligible for funding by the department under RCW 28A.215.160 and 28A.215.180.

    (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. 25.  RCW 28A.215.120 and 1994 c 166 s 4 are each amended to read as follows:

    The ((department of community, trade, and economic development)) office shall administer a state-supported early childhood education and assistance program to assist eligible children with educational, social, health, nutritional, and cultural development to enhance their opportunity for success in the common school system.  Eligible children shall be admitted to approved early childhood programs to the extent that the legislature provides funds, and additional eligible children may be admitted to the extent that grants and contributions from community sources provide sufficient funds for a program equivalent to that supported by state funds.

    Sec. 26.  RCW 28A.215.130 and 1994 c 166 s 5 are each amended to read as follows:

    Approved early childhood programs shall receive state-funded support through the ((department)) office.  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.  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.  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)) office are maintained, but shall not be used to supplant federally supported head start programs or state-supported early childhood programs.  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.

    Sec. 27.  RCW 28A.215.140 and 1988 c 174 s 5 are each amended to read as follows:

    The ((department)) office shall establish an advisory committee composed of interested parents and representatives from the state board of education, the office of the superintendent of public instruction, the division of children and family services within the department of social and health services, early childhood education and development staff preparation programs, the head start programs, school districts, and such other community and business organizations as deemed necessary by the ((department)) office to assist with the establishment of the preschool program and advise the ((department)) office on matters regarding the on-going promotion and operation of the program.

    Sec. 28.  RCW 28A.215.150 and 1994 c 166 s 6 are each amended to read as follows:

    The ((department)) office shall adopt rules under chapter 34.05 RCW for the administration of the early childhood program.  Approved early childhood 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)) office a service delivery plan, to the extent practicable, that addresses these targeted populations.

    The ((department)) office in developing rules for the early childhood 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.

    Sec. 29.  RCW 28A.215.160 and 1994 c 166 s 8 are each amended to read as follows:

    The ((department)) office shall review applications from public or private nonsectarian organizations for state funding of early childhood education and assistance programs and award funds as determined by ((department)) office rules and based on local community needs and demonstrated capacity to provide services.

    Sec. 30.  RCW 28A.215.170 and 1995 c 335 s 501 are each amended to read as follows:

    The ((department)) office shall annually report to the governor and the legislature on the findings of the longitudinal study undertaken to examine and monitor the effectiveness of early childhood educational and assistance services for eligible children to measure, among other elements, if possible, how the average level of performance of children completing this program compare to the average level of performance of all state students in their grade level, and to the average level of performance of those eligible students who did not have access to this program.  The evaluation system shall examine how the percentage of these children needing access to special education or remedial programs compares to the overall percentage of children needing such services and compares to the percentage of eligible students who did not have access to this program needing such services.

    Sec. 31.  RCW 28A.215.180 and 1994 c 166 s 10 are each amended to read as follows:

    For the purposes of RCW 28A.215.100 through 28A.215.200 and 28A.215.900 through 28A.215.908, the ((department)) office may award state support under RCW 28A.215.100 through 28A.215.160 to increase the numbers of eligible children assisted by the federal or state-supported early childhood programs in this state.  Priority shall be given to those geographical areas which include a high percentage of families qualifying under the "eligible child" criteria.  The overall program funding level shall be based on an average grant per child consistent with state appropriations made for program costs:  PROVIDED, That programs addressing special needs of selected groups or communities shall be recognized in the ((department's)) office's rules.

    Sec. 32.  RCW 28A.215.190 and 1985 c 418 s 10 are each amended to read as follows:

    The ((department)) office from funds appropriated for the administration of the program under chapter 418, Laws of 1985 shall reimburse the expenses of the advisory committee.

    Sec. 33.  RCW 28A.215.200 and 1994 c 166 s 11 are each amended to read as follows:

    The ((department)) office may solicit gifts, grants, conveyances, bequests and devises for the use or benefit of the early childhood state education and assistance program established by RCW 28A.215.100 through 28A.215.200 and 28A.215.900 through 28A.215.908.  The department shall actively solicit support from business and industry and from the federal government for the state early childhood education and assistance program and shall assist local programs in developing partnerships with the community for eligible children.

    Sec. 34.  RCW 43.63A.066 and 1993 c 280 s 58 are each amended to read as follows:

    The ((department of community, trade, and economic development)) office of child care and early education shall have primary responsibility for providing child abuse and neglect prevention training to preschool age children participating in the federal head start program or the early childhood education and assistance program established under RCW 28A.215.010 through 28A.215.200 and 28A.215.900 through 28A.215.908.

NEW SECTION. Sec. 35.  This act does not affect any existing right acquired or liability or obligation incurred under the sections amended or repealed in this act or under any rule or order adopted under those sections, nor does it affect any proceeding instituted under those sections.

NEW SECTION. Sec. 36.  Sections 1 through 7 of this act constitute a new chapter in Title 43 RCW.

NEW SECTION. Sec. 37.  If any part of this act is found to be in conflict with federal requirements that are a prescribed condition to the allocation of federal funds to the state, the conflicting part of this act is inoperative solely to the extent of the conflict and with respect to the agencies directly affected, and this finding does not affect the operation of the remainder of this act in its application to the agencies concerned.  Rules adopted under this act must meet federal requirements that are a necessary condition to the receipt of federal funds by the state.

NEW SECTION. Sec. 38.  This act takes effect July 1, 2001.

NEW SECTION. Sec. 39.  If specific funding for the purposes of this act, referencing this act by bill or chapter number, is not provided by June 30, 2000, in the omnibus appropriations act, this act is null and void.

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