BILL REQ. #:  H-4231.1 

READ FIRST TIME 02/07/12.   

     AN ACT Relating to improving access to high-quality early learning programs; amending RCW 43.215.141 and 43.215.142; adding new sections to chapter 43.215 RCW; creating new sections; and repealing RCW 43.215.140.

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

NEW SECTION.  Sec. 1   The legislature finds that children who have high-quality early learning opportunities from birth through age five are more likely to succeed throughout their K-12 education and beyond, and are less likely to require grade-level retention and special education. The legislature also finds that access to high-quality preschool programs varies widely around the state based on many factors, including program availability and family income. The legislature further finds that a comprehensive preschool program such as the early childhood education and assistance program that offers health, nutrition, and family support services to at-risk children and their families promotes improved educational, economic, and life outcomes. The legislature further finds that a high-quality preschool program that is offered to children from families of various income levels can effectively provide developmental benefits to lower-income children, while addressing gaps in availability for working class and middle-class families who may not be able to afford high-quality preschool. The legislature also finds that a key strategy in the state's ten-year early learning plan is supporting parent choice and school readiness by implementing voluntary preschool using a mixed delivery system for all three and four year old children in Washington. The legislature also finds that aligning targeted infant and toddler opportunities, including high-quality child care, with preschool is critical to the success of Washington's education system and to closing the gap in student achievement.
     Therefore, the legislature intends to create a more comprehensive, voluntary, high-quality preschool program in Washington that, upon full implementation, shall be available to all three and four year old children in Washington. The Washington preschool program must align with the early learning quality improvement systems and Washington's longitudinal education data system. The legislature also intends to concurrently phase in strategies to strengthen birth to three early learning, as a component of the implementation of the new Washington preschool program. The legislature supports a mixed delivery system for early learning, including preschool, which allows parents to choose high-quality providers in their own communities.

Sec. 2   RCW 43.215.141 and 2010 c 231 s 3 are each amended to read as follows:
     (1) Beginning ((September 1, 2011, an early learning)) with the 2014-15 school year, the Washington preschool program shall be implemented to provide voluntary preschool opportunities for children three and four years of age ((shall be implemented)) according to the funding and implementation plan in RCW 43.215.142. ((The program must be a comprehensive program providing early childhood education and family support, options for parental involvement, and health information, screening, and referral services, as family need is determined. Participation in the program is voluntary. On a space available basis, the program may allow enrollment of children who are not otherwise eligible by assessing a fee.))
     (2) ((The first phase of the program shall be implemented by utilizing the program standards and eligibility criteria in the early childhood education and assistance program.
     (3))) In establishing the Washington preschool program in this section, the director shall adopt rules or program performance standards for the following program components((, as appropriate and necessary during the phased implementation of the program)):
     (a) ((Minimum program standards, including lead teacher, assistant teacher, and staff qualifications;
     (b) Approval of program providers; and
     (c) Accountability and adherence to performance standards)) All three and four year old children are eligible to attend. However, families with incomes that exceed two hundred fifty percent of the federal poverty level shall be required to pay a copay at a rate recommended by the department to the legislature, subject to approval and inclusion in the biennial omnibus appropriations act. During the initial implementation phases of the Washington preschool program, the director shall establish guidelines for prioritizing eligible children;
     (b) Transportation of children shall be an allowable expense of the provider, but the provider shall not be required to provide transportation for children participating in the program;
     (c) A minimum of four hundred fifty classroom hours must be provided each year;
     (d) Lead teachers shall be required to have a bachelor's degree in early childhood education or a related field or demonstrate equivalent competencies, or a bachelor's degree and demonstrated competencies. Assistant teachers shall be required to have an associate of arts degree in early childhood education or a related field or demonstrate equivalent competencies, or an associate of arts degree and demonstrated competencies. These degree requirements may be phased in consistent with section 4 of this act;
     (e) Class size may not exceed eighteen children per class;
     (f) The teacher:child ratio may not exceed one teacher to nine children;
     (g) Lead teachers shall be required to complete one hundred hours of approved continuing education or equivalent academic credit every five years; and
     (h) Child health coordination services and family supports consistent with RCW 43.215.405(6) must be provided.
     (((4))) (3) The department has administrative responsibility for:
     (a) Approving and contracting with providers according to rules developed by the director under this section. The rules shall allow public and private early learning providers to apply, providing that the program curriculum is free from religious instruction, activities, symbolism, and control or influence. Eligible providers may include, but are not limited to, nonprofit, profit, and faith-based organizations; licensed child care centers and family homes; private schools; school districts; educational service districts; community and technical colleges; local governments; tribes; and tribal organizations. Upon expansion of the program, the department may establish a panel with diverse representation to inform provider selection. The panel may submit recommendations to the department regarding provider selection criteria;
     (b) Monitoring classroom quality;
     (c) Requiring the administration of a child assessment of social-emotional, cognitive, and physical development that is directly aligned with the kindergarten inventory established in RCW 28A.150.315(2);
     (((b) In partnership with school districts, monitoring program quality and assuring the program is responsive to the needs of eligible children;
     (c))) (d) Assuring that program providers work cooperatively with school districts to coordinate the transition from preschool to kindergarten so that children and their families are well-prepared and supported; ((and
     (d))) (e) Providing technical assistance to contracted providers and other providers who wish to offer the Washington preschool program;
     (f) Providing information regarding program and child outcome data to the education data center created in RCW 43.41.400;
     (g) Submitting a report annually to the governor, the superintendent of public instruction, and the legislature that provides information regarding the program. The report shall include child outcomes, performance goals, the extent in which the goals are being met, and the status of program implementation. The first report must be submitted by December 1, 2015, and annually thereafter; and
     (h) Making evaluation data from the Washington state institute for public policy publicly available on the department's web site beginning December 1, 2017, and each year thereafter.

Sec. 3   RCW 43.215.142 and 2010 c 231 s 4 are each amended to read as follows:
     (1) Funding for the Washington preschool program ((of early learning)) established under this chapter must be appropriated to the department. ((Allocations must be made on the basis of eligible children enrolled with eligible providers.)) The quality education council, with assistance from the department, must develop a formula to recommend to the legislature to be used to allocate funds to program providers.
     (2) The Washington preschool program shall be implemented in phases, so that full implementation is achieved in the ((2018-19)) 2024-25 school year. As the Washington preschool program is implemented, it is the intent of the legislature that additional enrollment slots will be funded for the program and that existing enrollment slots in the early childhood education and assistance program will be transferred over time to this program.
     (3) For the ((initial phase of the early learning program in school years)) 2011-12 ((and)), 2012-13, and 2013-14 school years, the legislature shall appropriate funding to the department for ((implementation of)) the early childhood education and assistance program in an amount not less than the 2009-2011 enacted budget for the early childhood education and assistance program. The appropriation shall be sufficient to fund an equivalent number of slots as funded in the 2009-2011 enacted budget. Funding for the Washington preschool program shall not supplant or divert funding for subsidized child care programs, including but not limited to the working connections child care or seasonal child care programs.
     (4) Beginning in the ((2013-14)) 2014-15 school year, additional funding for the Washington preschool program must be phased in beginning in elementary school ((districts)) enrollment areas, as defined by school districts, providing all-day kindergarten programs under RCW 28A.150.315 and where there is lower than average access to head start or the early childhood education and assistance program.
     (5) Through the 2017-18 school year, funding shall continue to be phased in incrementally each year ((until)) based on the goal of full statewide implementation of the ((early learning)) Washington preschool program ((is achieved)) in the ((2018-19)) 2024-25 school year, at which time any eligible child shall be entitled to be enrolled in the program if the program is fully funded. However, for the 2018-19 school year, and thereafter, further implementation of the Washington preschool program requires explicit statutory authorization.
     (6) The department and the office of financial management shall annually review the caseload forecasts for the program and, beginning December 1, 2012, and annually thereafter, report to the governor and the appropriate committees of the legislature with recommendations for phasing in additional funding necessary to achieve statewide implementation of the Washington preschool program in the ((2018-19)) 2024-25 school year.
     (7) ((School districts and approved community-based early learning providers may contract with the department to provide services under the program.)) The department shall collaborate with school districts, community-based providers, and educational service districts to promote an adequate supply of approved providers and must encourage and support the inclusion of family home child care and child care centers in the delivery of high-quality preschool programs.
     (8) The department may adopt rules to implement this section and RCW 43.215.141.

NEW SECTION.  Sec. 4   A new section is added to chapter 43.215 RCW to read as follows:
     The early learning advisory council shall establish a subcommittee to guide the development and implementation of the Washington preschool program created in RCW 43.215.141. The subcommittee's duties include, but are not limited to:
     (1) Establishing criteria and a process for lead and assistant teachers to demonstrate the required competencies or equivalent competencies;
     (2) Establishing criteria and a process for approving continuing education and academic credits;
     (3) Establishing qualifications and continuing education requirements for other staff in addition to lead and assistant teachers; and
     (4) Developing a recommended schedule to phase in degree and equivalent competency requirements provided in RCW 43.215.141(2)(d) for lead and assistant teachers. The subcommittee shall present its initial recommendations to the early learning advisory council and the legislature by December 2012, and final recommendations in December 2013. When developing the schedule, the subcommittee must consult and collaborate with other entities and stakeholders including, but not limited to: The professional educator standards board, state board for community and technical colleges, higher education coordinating board, the nongovernmental private-public partnership under this chapter, tribes, service employees international union local 925, child care centers, early childhood education and assistance program and head start associations, and the Puget Sound educational service district to determine:
     (a) Capacity at higher education institutions to implement degree requirements;
     (b) Availability of financial aid to ensure access to degree requirements;
     (c) Availability of classes for nontraditional students including online, evening, and weekend offerings;
     (d) Availability of additional resources to meet the unique needs of tribes, family child care providers, and other nontraditional care including, but not limited to, mentoring, coaching, or other resources to ensure all child care providers have access to ongoing education opportunities;
     (e) Additional pathways to demonstrate competencies, including consideration of the quality rating and improvement system ratings as a mechanism to demonstrate high-quality services eligible to apply for contracts for the Washington preschool program; and
     (f) Development of a teacher compensation model.

NEW SECTION.  Sec. 5   A new section is added to chapter 43.215 RCW to read as follows:
     (1) The early learning advisory council shall establish a preschool readiness subcommittee, which shall be cochaired by the department and the nongovernmental private-public partnership established in RCW 43.215.070. The subcommittee shall be composed of at least one representative from each of the following:
     (a) The early learning advisory council;
     (b) The office of the superintendent of public instruction;
     (c) The department of social and health services;
     (d) The department of early learning;
     (e) The nongovernmental private-public partnership created in RCW 43.215.070; and
     (f) Additional stakeholders with expertise in birth-to-three policy and programs and quality child care, as designated by the early learning advisory council.
     (2) The subcommittee may convene advisory subgroups on specific topics as necessary to assure participation and input from a broad array of diverse stakeholders.
     (3) The subcommittee shall be monitored and overseen by the early learning advisory council created in RCW 43.215.090.
     (4) The subcommittee shall develop a preschool readiness proposal, to further develop the Washington State Birth to 3 Plan. The proposal must identify and prioritize supports and interventions in the existing Birth to 3 Plan, and develop a financing plan to fund prioritized services concurrent with the phased implementation of the Washington preschool program. The proposal must be submitted to the legislature no later than December 15, 2012.

NEW SECTION.  Sec. 6   The Washington state institute for public policy shall conduct an outcome evaluation of the Washington preschool program. The evaluation shall examine student outcomes including kindergarten readiness, special education placements, grade repetition, academic achievement, and a return-on-investment analysis. The department of early learning, office of superintendent of public instruction, and education research and data center shall provide the institute with the necessary data to conduct the evaluation. The institute shall submit the results of the evaluation to the relevant policy and fiscal committees of the legislature by December 1, 2017. The Washington state institute for public policy shall provide updates on the student outcomes annually thereafter on December 1.

NEW SECTION.  Sec. 7   RCW 43.215.140 (Definitions) and 2010 c 231 s 2 are each repealed.

NEW SECTION.  Sec. 8   This act may be known and cited as the high-quality early learning act.