E2SSB 5828 -
By Committee on Early Learning & Children's Services
ADOPTED 04/06/2007
Strike everything after the enacting clause and insert the following:
"NEW SECTION. Sec. 1 The legislature finds that education is the
single most effective investment that can be made in children, the
state, the economy, and the future. A well-educated citizenry is
essential both for the preservation of democracy and for enhancing the
state's ability to compete in the knowledge-based global economy.
As recommended by Washington learns, the legislature declares that
the overarching goal for education in the state is to have a world-class, learner-focused, seamless education system that educates more
Washingtonians to the highest levels of educational attainment.
Sec. 2 RCW 43.215.010 and 2006 c 265 s 102 are each amended to
read as follows:
The definitions in this section apply throughout this chapter
unless the context clearly requires otherwise.
(1) "Agency" means any person, firm, partnership, association,
corporation, or facility that provides child care and early learning
services outside a child's own home and includes the following
irrespective of whether there is compensation to the agency:
(a) "Child day care center" means an agency that regularly provides
child day care and early learning services for a group of children for
periods of less than twenty-four hours;
(b) "Early learning" includes but is not limited to programs and
services for child care; state, federal, private, and nonprofit
preschool; child care subsidies; child care resource and referral;
parental education and support; and training and professional
development for early learning professionals;
(c) "Family day care provider" means a child day care provider who
regularly provides child day care and early learning services for not
more than twelve children in the provider's home in the family living
quarters;
(d) "Nongovernmental private-public partnership" means an entity
registered as a nonprofit corporation in Washington state with a
primary focus on early learning, school readiness, and parental
support, and an ability to raise a minimum of five million dollars in
contributions;
(e) "Service provider" means the entity that operates a community
facility.
(2) "Agency" does not include the following:
(a) Persons related to the child in the following ways:
(i) Any blood relative, including those of half-blood, and
including first cousins, nephews or nieces, and persons of preceding
generations as denoted by prefixes of grand, great, or great-great;
(ii) Stepfather, stepmother, stepbrother, and stepsister;
(iii) A person who legally adopts a child or the child's parent as
well as the natural and other legally adopted children of such persons,
and other relatives of the adoptive parents in accordance with state
law; or
(iv) Spouses of any persons named in (i), (ii), or (iii) of this
subsection (2)(a), even after the marriage is terminated;
(b) Persons who are legal guardians of the child;
(c) Persons who care for a neighbor's or friend's child or
children, with or without compensation, where the person providing care
for periods of less than twenty-four hours does not conduct such
activity on an ongoing, regularly scheduled basis for the purpose of
engaging in business, which includes, but is not limited to,
advertising such care;
(d) Parents on a mutually cooperative basis exchange care of one
another's children;
(e) Nursery schools or kindergartens that are engaged primarily in
educational work with preschool children and in which no child is
enrolled on a regular basis for more than four hours per day;
(f) Schools, including boarding schools, that are engaged primarily
in education, operate on a definite school year schedule, follow a
stated academic curriculum, accept only school-age children, and do not
accept custody of children;
(g) Seasonal camps of three months' or less duration engaged
primarily in recreational or educational activities;
(h) Facilities providing care to children for periods of less than
twenty-four hours whose parents remain on the premises to participate
in activities other than employment;
(i) Any agency having been in operation in this state ten years
before June 8, 1967, and not seeking or accepting moneys or assistance
from any state or federal agency, and is supported in part by an
endowment or trust fund;
(j) An agency operated by any unit of local, state, or federal
government or an agency, located within the boundaries of a federally
recognized Indian reservation, licensed by the Indian tribe;
(k) An agency located on a federal military reservation, except
where the military authorities request that such agency be subject to
the licensing requirements of this chapter;
(l) An agency that offers early learning and support services, such
as parent education, and does not provide child care services on a
regular basis.
(3) "Department" means the department of early learning.
(4) "Director" means the director of the department.
(5) "Enforcement action" means denial, suspension, revocation,
modification, or nonrenewal of a license pursuant to RCW 43.215.300(1)
or assessment of civil monetary penalties pursuant to RCW
43.215.300(3).
(6) "Probationary license" means a license issued as a disciplinary
measure to an agency that has previously been issued a full license but
is out of compliance with licensing standards.
(7) "Requirement" means any rule, regulation, or standard of care
to be maintained by an agency.
NEW SECTION. Sec. 3 A new section is added to chapter 43.215 RCW
to read as follows:
(2) The council shall work in conjunction with the department to
develop a statewide early learning plan that crosses systems and
sectors to promote alignment of private and public sector actions,
objectives, and resources, and to ensure school readiness.
(3) The council shall include diverse, statewide representation
from public, nonprofit, and for-profit entities. Its membership shall
reflect regional, racial, and cultural diversity to adequately
represent the needs of all children and families in the state.
(4) Council members shall serve two-year terms. However, to
stagger the terms of the council, the initial appointments for twelve
of the members shall be for one year. Once the initial one-year to
two-year terms expire, all subsequent terms shall be for two years,
with the terms expiring on June 30th of the applicable year. The terms
shall be staggered in such a way that, where possible, the terms of
members representing a specific group do not expire simultaneously.
(5) The council shall consist of not more than twenty-five members,
as follows:
(a) The governor shall appoint at least one representative from
each of the following: The department, the office of financial
management, the department of social and health services, the
department of health, the higher education coordinating board, and the
state board for community and technical colleges;
(b) One representative from the office of the superintendent of
public instruction, to be appointed by the superintendent of public
instruction;
(c) The governor shall appoint at least seven leaders in early
childhood education, with at least one representative with experience
or expertise in each of the following areas: Children with
disabilities, the K-12 system, family day care providers, and child
care centers;
(d) Two members of the house of representatives, one from each
caucus, and two members of the senate, one from each caucus, to be
appointed by the speaker of the house of representatives and the
president of the senate, respectively;
(e) Two parents, one of whom serves on the department's parent
advisory council, to be appointed by the governor;
(f) Two representatives of the private-public partnership created
in RCW 43.215.070, to be appointed by the partnership board;
(g) One representative designated by sovereign tribal governments;
and
(h) One representative from the Washington federation of
independent schools.
(6) The council shall be cochaired by one representative of a state
agency and one nongovernmental member, to be elected by the council for
two-year terms.
(7) Each member of the board shall be compensated in accordance
with RCW 43.03.240 and reimbursed for travel expenses incurred in
carrying out the duties of the board in accordance with RCW 43.03.050
and 43.03.060.
(8) The department shall provide staff support to the council.
NEW SECTION. Sec. 4 A new section is added to chapter 43.215 RCW
to read as follows:
Sec. 5 RCW 43.215.020 and 2006 c 265 s 103 are each amended to
read as follows:
(1) The department of early learning is created as an executive
branch agency. The department is vested with all powers and duties
transferred to it under this chapter and such other powers and duties
as may be authorized by law.
(2) The primary duties of the department are to implement state
early learning policy and to coordinate, consolidate, and integrate
child care and early learning programs in order to administer programs
and funding as efficiently as possible. The department's duties
include, but are not limited to, the following:
(a) To support both public and private sectors toward a
comprehensive and collaborative system of early learning that serves
parents, children, and providers and to encourage best practices in
child care and early learning programs;
(b) To ((improve parent education and support)) make early learning
resources available to parents and caregivers;
(c) To carry out activities ((to improve)), including providing
clear and easily accessible information about quality and improving the
quality of early learning opportunities for young children ((including
activities)), in cooperation with the nongovernmental private-public
partnership;
(d) To administer child care and early learning programs;
(e) To standardize internal financial audits, oversight visits,
performance benchmarks, and licensing criteria, so that programs can
function in an integrated fashion;
(f) To ((assist in)) support the implementation of the
nongovernmental private-public partnership and cooperate with that
partnership in pursuing its goals including providing data and support
necessary for the successful work of the partnership;
(g) To work cooperatively and in coordination with the early
learning council; ((and))
(h) To collaborate with the K-12 school system at the state and
local levels to ensure appropriate connections and smooth transitions
between early learning and K-12 programs; and
(i) Upon the development of an early learning information system,
to make available to parents timely inspection and licensing action
information through the internet and other means.
(3) The department's programs shall be designed in a way that
respects and preserves the ability of parents and legal guardians to
direct the education, development, and upbringing of their children.
The department shall include parents and legal guardians in the
development of policies and program decisions affecting their children.
NEW SECTION. Sec. 6 A new section is added to chapter 43.215 RCW
to read as follows:
(a) Work collaboratively with the nongovernmental private-public
partnership; and
(b) Actively seek public and private money for distribution as
grants to the nongovernmental private-public partnership.
(2) In order to meet its partnership responsibilities, the
nongovernmental private-public partnership shall:
(a) Work with and complement existing statewide efforts by
enhancing parent resources and support, child care, preschool, and
other early learning environments;
(b) Accept and expend funds to be used for quality improvement
initiatives, including but not limited to parent resources and support,
and support the alignment of existing funding streams and coordination
of efforts across sectors;
(c) In conjunction with the department, provide leadership to early
learning private-public partnerships forming in communities across the
state. These local partnerships shall be encouraged to seek local
funding and develop strategies to improve coordination and exchange
information between the community, early care and education programs,
and the K-12 system; and
(d) Assist the statewide movement to high quality early learning
and the support of parents as a child's first and best teacher.
NEW SECTION. Sec. 7 A new section is added to chapter 43.215 RCW
to read as follows:
NEW SECTION. Sec. 8 Captions used in this act are not any part
of the law."