HOUSE BILL REPORT

HB 1293

This analysis was prepared by non-partisan legislative staff for the use of legislative members in their deliberations. This analysis is not a part of the legislation nor does it constitute a statement of legislative intent.

As Reported by House Committee On:

Early Learning & Human Services

Title: An act relating to the public disclosure of information relating to child care and early learning services.

Brief Description: Regarding public disclosure of information relating to provision of child care and early learning services.

Sponsors: Representative Miloscia; by request of Department of Early Learning.

Brief History:

Committee Activity:

Early Learning & Human Services: 2/1/11, 2/4/11 [DP].

Brief Summary of Bill

Exempts personal information in any files maintained for a child who is receiving child care or early learning services from public inspection or copying.

HOUSE COMMITTEE ON EARLY LEARNING & HUMAN SERVICES

Majority Report: Do pass. Signed by 8 members: Representatives Kagi, Chair; Roberts, Vice Chair; Walsh, Ranking Minority Member; Hope, Assistant Ranking Minority Member; Dickerson, Goodman, Orwall and Overstreet.

Staff: Megan Palchak (786-7120).

Background:

Prior to July 1, 2006, the Department of Early Learning (DEL) existed within the Department of Social and Health Services (DSHS) as the Division of Child Care and Early Learning. At that time, personal information (i.e., welfare or medical status) contained in child care and early learning records had been protected under DSHS statutes regarding confidential records. When the DEL became an independent agency, the confidentiality protections afforded to individuals whose personal information is documented in child care and early learning records under DSHS statutes became obsolete.

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Summary of Bill:

Personal information contained in child care and early learning records is not available for public examination or copying.

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Appropriation: None.

Fiscal Note: Available.

Effective Date: The bill takes effect 90 days after adjournment of the session in which the bill is passed.

Staff Summary of Public Testimony:

(In support) Child care and early learning files hold personal information. The Department of Early Learning's (DEL) current policy is to ask records requesters if the DEL may redact personal information. Most of the time, requesters allow the DEL to redact personal information. However, if the requester does not want the DEL to redact personal information, the DEL has no recourse and must release records that contain personal information. This bill does expand beyond the DEL, for example, personal information in records in a university child care center would also be protected. Children's personal information in child care records should be protected.

(Opposed) None.

Persons Testifying: Amy Blondin, Department of Early Learning; and Judy Jennings, Washington Federation of Independent Schools.

Persons Signed In To Testify But Not Testifying: None.