CERTIFICATION OF ENROLLMENT
SENATE BILL 6507
Chapter 262, Laws of 2020
66TH LEGISLATURE
2020 REGULAR SESSION
DEPARTMENT OF CHILDREN, YOUTH, AND FAMILIES--LEGISLATIVE REPORTING
EFFECTIVE DATE: June 11, 2020
Passed by the Senate March 10, 2020
  Yeas 47  Nays 0
CYRUS HABIB

President of the Senate
Passed by the House March 4, 2020
  Yeas 87  Nays 10
LAURIE JINKINS

Speaker of the House of Representatives
CERTIFICATE
I, Brad Hendrickson, Secretary of the Senate of the State of Washington, do hereby certify that the attached is SENATE BILL 6507 as passed by the Senate and the House of Representatives on the dates hereon set forth.
BRAD HENDRICKSON

Secretary
Secretary
Approved March 31, 2020 11:24 AM
FILED
March 31, 2020
JAY INSLEE

Governor of the State of Washington
Secretary of State
State of Washington

SENATE BILL 6507

AS AMENDED BY THE HOUSE
Passed Legislature - 2020 Regular Session
State of Washington
66th Legislature
2020 Regular Session
BySenators Nguyen, Darneille, and Wilson, C.; by request of Department of Children, Youth, and Families
Read first time 01/20/20.Referred to Committee on Human Services, Reentry & Rehabilitation.
AN ACT Relating to improving legislative reporting requirements for certain department of children, youth, and families programs; and amending RCW 43.216.015, 13.06.050, 43.216.089, 43.216.075, 43.216.020, and 13.40.212.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
Sec. 1. RCW 43.216.015 and 2019 c 429 s 1 are each amended to read as follows:
(1)(a) The department of children, youth, and families is created as an executive branch agency. The department is vested with all powers and duties transferred to it under chapter 6, Laws of 2017 3rd sp. sess. and such other powers and duties as may be authorized by law. The vision for the department is that Washington state's children and youth grow up safe and healthythriving physically, emotionally, and academically, nurtured by family and community.
(b) The department, in partnership with state and local agencies, tribes, and communities, shall protect children and youth from harm and promote healthy development with effective, high quality prevention, intervention, and early education services delivered in an equitable manner. An important role for the department shall be to provide preventative services to help secure and preserve families in crisis. The department shall partner with the federally recognized Indian tribes to develop effective services for youth and families while respecting the sovereignty of those tribes and the government-to-government relationship. Nothing in chapter 6, Laws of 2017 3rd sp. sess. alters the duties, requirements, and policies of the federal Indian child welfare act, 25 U.S.C. Secs. 1901 through 1963, as amended, or the Indian child welfare act, chapter 13.38 RCW.
(2) Beginning July 1, 2018, the department must develop definitions for, work plans to address, and metrics to measure the outcomes for children, youth, and families served by the department and must work with state agencies to ensure services for children, youth, and families are science-based, outcome-driven, data-informed, and collaborative.
(3)(a) Beginning July 1, 2018, the department must establish short and long-term population level outcome measure goals, including metrics regarding reducing disparities by family income, race, and ethnicity in each outcome.
(b) ((The department must report to the legislature on))In addition to transparent, frequent reporting of the outcome measures in (c)(i) through (viii) of this subsection, the department must report to the legislature an examination of engagement, resource utilization, and outcomes for clients receiving department services and youth participating in juvenile court alternative programs funded by the department, no less than annually and beginning September 1, 2020. The data in this report must be disaggregated by race, ethnicity, and geography. This report must identify areas of focus to advance equity that will inform department strategies so that all children, youth, and families are thriving. Metrics detailing progress towards eliminating disparities and disproportionality over time must also be included. The report must also include information on department outcome measures, actions taken, progress toward these goals, and plans for the future year((, no less than annually, beginning December 1, 2018)).
(c) The outcome measures must include, but are not limited to:
(i) Improving child development and school readiness through voluntary, high quality early learning opportunities as measured by: (A) Increasing the number and proportion of children kindergarten-ready as measured by the Washington kindergarten inventory of developing skills (WAKids) assessment including mathematics; (B) increasing the proportion of children in early learning programs that have achieved the level 3 or higher early achievers quality standard; and (C) increasing the available supply of licensed child care in both child care centers and family homes, including providers not receiving state subsidy;
(ii) Preventing child abuse and neglect;
(iii) Improving child and youth safety, permanency, and well-being as measured by: (A) Reducing the number of children entering out-of-home care; (B) reducing a child's length of stay in out-of-home care; (C) reducing maltreatment of youth while in out-of-home care; (D) licensing more foster homes than there are children in foster care; (E) reducing the number of children that reenter out-of-home care within twelve months; (F) increasing the stability of placements for children in out-of-home care; and (G) developing strategies to demonstrate to foster families that their service and involvement is highly valued by the department, as demonstrated by the development of strategies to consult with foster families regarding future placement of a foster child currently placed with a foster family;
(iv) Improving reconciliation of children and youth with their families as measured by: (A) Increasing family reunification; and (B) increasing the number of youth who are reunified with their family of origin;
(v) In collaboration with county juvenile justice programs, improving adolescent outcomes including reducing multisystem involvement and homelessness; and increasing school graduation rates and successful transitions to adulthood for youth involved in the child welfare and juvenile justice systems;
(vi) Reducing future demand for mental health and substance use disorder treatment for youth involved in the child welfare and juvenile justice systems;
(vii) In collaboration with county juvenile justice programs, reducing criminal justice involvement and recidivism as measured by: (A) An increase in the number of youth who successfully complete the terms of diversion or alternative sentencing options; (B) a decrease in the number of youth who commit subsequent crimes; and (C) eliminating the discharge of youth from institutional settings into homelessness; and
(viii) ((Reducing))Eliminating racial and ethnic disproportionality and disparities in system involvement and across child and youth outcomes in collaboration with other state agencies.
(4) Beginning July 1, 2018, the department must:
(a) Lead ongoing collaborative work to minimize or eliminate systemic barriers to effective, integrated services in collaboration with state agencies serving children, youth, and families;
(b) Identify necessary improvements and updates to statutes relevant to their responsibilities and proposing legislative changes to the governor no less than biennially;
(c) Help create a data-focused environment in which there are aligned outcomes and shared accountability for achieving those outcomes, with shared, real-time data that is accessible to authorized persons interacting with the family, child, or youth to identify what is needed and which services would be effective;
(d) Lead the provision of state services to adolescents, focusing on key transition points for youth, including exiting foster care and institutions, and coordinating with the office of homeless youth prevention and protection programs to address the unique needs of homeless youth; and
(e) Create and annually update a list of the rights and responsibilities of foster parents in partnership with foster parent representatives. The list of foster parent rights and responsibilities must be posted on the department's web site, provided to individuals participating in a foster parent orientation before licensure, provided to foster parents in writing at the time of licensure, and provided to foster parents applying for license renewal.
(5) The department is accountable to the public. To ensure transparency, beginning December 30, 2018, agency performance data for the services provided by the department, including outcome data for contracted services, must be available to the public, consistent with confidentiality laws, federal protections, and individual rights to privacy. Publicly available data must include budget and funding decisions, performance-based contracting data, including data for contracted services, and performance data on metrics identified in this section. The board must work with the secretary and director to develop the most effective and cost-efficient ways to make department data available to the public, including making this data readily available on the department's web site.
(6) The department shall ensure that all new and renewed contracts for services are performance-based.
(7) The department must execute all new and renewed contracts for services in accordance with this section and consistent with RCW 74.13B.020. When contracted services are managed through a network administrator or other third party, the department must execute data-sharing agreements with the entities managing the contracts to track provider performance measures. Contracts with network administrators or other third parties must provide the contract administrator the ability to shift resources from one provider to another, to evaluate individual provider performance, to add or delete services in consultation with the department, and to reinvest savings from increased efficiencies into new or improved services in their catchment area. Whenever possible, contractor performance data must be made available to the public, consistent with confidentiality laws and individual rights to privacy.
(8)(a) The board shall begin its work and call the first meeting of the board on or after July 1, 2018. The board shall immediately assume the duties of the legislative children's oversight committee, as provided for in RCW 74.13.570 and assume the full functions of the board as provided for in this section by July 1, 2019. The office of innovation, alignment, and accountability shall provide quarterly updates regarding the implementation of the department to the board between July 1, 2018, and July 1, 2019.
(b) The office of the family and children's ombuds shall establish the board. The board is authorized for the purpose of monitoring and ensuring that the department achieves the stated outcomes of chapter 6, Laws of 2017 3rd sp. sess., and complies with administrative acts, relevant statutes, rules, and policies pertaining to early learning, juvenile rehabilitation, juvenile justice, and children and family services.
(9)(a) The board shall consist of the following members:
(i) Two senators and two representatives from the legislature with one member from each major caucus;
(ii) One nonvoting representative from the governor's office;
(iii) One subject matter expert in early learning;
(iv) One subject matter expert in child welfare;
(v) One subject matter expert in juvenile rehabilitation and justice;
(vi) One subject matter expert in ((reducing))eliminating disparities in child outcomes by family income and race and ethnicity;
(vii) One tribal representative from west of the crest of the Cascade mountains;
(viii) One tribal representative from east of the crest of the Cascade mountains;
(ix) One current or former foster parent representative;
(x) One representative of an organization that advocates for the best interest of the child;
(xi) One parent stakeholder group representative;
(xii) One law enforcement representative;
(xiii) One child welfare caseworker representative;
(xiv) One early childhood learning program implementation practitioner;
(xv) One current or former foster youth under age twenty-five;
(xvi) One individual under age twenty-five with current or previous experience with the juvenile justice system;
(xvii) One physician with experience working with children or youth; and
(xviii) One judicial representative presiding over child welfare court proceedings or other children's matters.
(b) The senate members of the board shall be appointed by the leaders of the two major caucuses of the senate. The house of representatives members of the board shall be appointed by the leaders of the two major caucuses of the house of representatives. Members shall be appointed before the close of each regular session of the legislature during an odd-numbered year.
(c) The remaining board members shall be nominated by the governor, subject to the approval of the appointed legislators by majority vote, and serve four-year terms. When nominating and approving members after July 28, 2019, the governor and appointed legislators must ensure that at least five of the board members reside east of the crest of the Cascade mountains.
(10) The board has the following powers, which may be exercised by majority vote of the board:
(a) To receive reports of the office of the family and children's ombuds;
(b) To obtain access to all relevant records in the possession of the office of the family and children's ombuds, except as prohibited by law;
(c) To select its officers and adoption of rules for orderly procedure;
(d) To request investigations by the office of the family and children's ombuds of administrative acts;
(e) To request and receive information, outcome data, documents, materials, and records from the department relating to children and family welfare, juvenile rehabilitation, juvenile justice, and early learning;
(f) To determine whether the department is achieving the performance measures;
(g) If final review is requested by a licensee, to review whether department licensors appropriately and consistently applied agency rules in child care facility licensing compliance agreements as defined in RCW 43.216.395 that do not involve a violation of health and safety standards as defined in RCW 43.216.395 in cases that have already been reviewed by the internal review process described in RCW 43.216.395 with the authority to overturn, change, or uphold such decisions;
(h) To conduct annual reviews of a sample of department contracts for services from a variety of program and service areas to ensure that those contracts are performance-based and to assess the measures included in each contract; and
(i) Upon receipt of records or data from the office of the family and children's ombuds or the department, the board is subject to the same confidentiality restrictions as the office of the family and children's ombuds is under RCW 43.06A.050. The provisions of RCW 43.06A.060 also apply to the board.
(11) The board has general oversight over the performance and policies of the department and shall provide advice and input to the department and the governor.
(12) The board must no less than twice per year convene stakeholder meetings to allow feedback to the board regarding contracting with the department, departmental use of local, state, private, and federal funds, and other matters as relating to carrying out the duties of the department.
(13) The board shall review existing surveys of providers, customers, parent groups, and external services to assess whether the department is effectively delivering services, and shall conduct additional surveys as needed to assess whether the department is effectively delivering services.
(14) The board is subject to the open public meetings act, chapter 42.30 RCW, except to the extent disclosure of records or information is otherwise confidential under state or federal law.
(15) Records or information received by the board is confidential to the extent permitted by state or federal law. This subsection does not create an exception for records covered by RCW 13.50.100.
(16) The board members shall receive no compensation for their service on the board, but shall be reimbursed for travel expenses incurred while conducting business of the board when authorized by the board and within resources allocated for this purpose, except appointed legislators who shall be reimbursed for travel expenses in accordance with RCW 43.03.050 and 43.03.060.
(17) The board shall select, by majority vote, an executive director who shall be the chief administrative officer of the board and shall be responsible for carrying out the policies adopted by the board. The executive director is exempt from the provisions of the state civil service law, chapter 41.06 RCW, and shall serve at the pleasure of the board established in this section.
(18) The board shall maintain a staff not to exceed one full-time equivalent employee. The board-selected executive director of the board is responsible for coordinating staff appointments.
(19) The board shall issue an annual report to the governor and legislature by December 1st of each year with an initial report delivered by December 1, 2019. The report must review the department's progress towards meeting stated performance measures and desired performance outcomes, and must also include a review of the department's strategic plan, policies, and rules.
(20) The definitions in this subsection apply throughout this section unless the context clearly requires otherwise.
(a) "Board" means the oversight board for children, youth, and families established in subsection (8) of this section.
(b) "Director" means the director of the office of innovation, alignment, and accountability.
(c) "Performance-based contract" means results-oriented contracting that focuses on the quality or outcomes that tie at least a portion of the contractor's payment, contract extensions, or contract renewals to the achievement of specific measurable performance standards and requirements.
Sec. 2. RCW 13.06.050 and 2017 3rd sp.s. c 6 s 719 are each amended to read as follows:
No county shall be entitled to receive any state funds provided by this chapter until its application and plan are approved, and unless and until the minimum standards prescribed by the department of children, youth, and families are complied with and then only on such terms as are set forth in this section. In addition, any county making application for state funds under this chapter that also operates a juvenile detention facility must have standards of operations in place that include: Intake and admissions, medical and health care, communication, correspondence, visiting and telephone use, security and control, sanitation and hygiene, juvenile rights, rules and discipline, property, juvenile records, safety and emergency procedures, programming, release and transfer, training and staff development, and food service.
(1) The distribution of funds to a county or a group of counties shall be based on criteria including but not limited to the county's per capita income, regional or county at-risk populations, juvenile crime or arrest rates, rates of poverty, size of racial minority populations, existing programs, and the effectiveness and efficiency of consolidating local programs towards reducing commitments to state correctional facilities for offenders whose standard range disposition does not include commitment of the offender to the department and reducing reliance on other traditional departmental services.
(2) The secretary of children, youth, and families will reimburse a county upon presentation and approval of a valid claim pursuant to the provisions of this chapter based on actual performance in meeting the terms and conditions of the approved plan and contract. Funds received by participating counties under this chapter shall not be used to replace local funds for existing programs.
(((3) The secretary of children, youth, and families, in conjunction with the human rights commission, shall evaluate the effectiveness of programs funded under this chapter in reducing racial disproportionality. The secretary shall investigate whether implementation of such programs has reduced disproportionality in counties with initially high levels of disproportionality. The analysis shall indicate which programs are cost-effective in reducing disproportionality in such areas as alternatives to detention, intake and risk assessment standards pursuant to RCW 13.40.038, alternatives to incarceration, and in the prosecution and adjudication of juveniles. The secretary shall report his or her findings to the legislature by December 1st of each year.))
Sec. 3. RCW 43.216.089 and 2019 c 369 s 13 are each amended to read as follows:
(1) ((Beginning December 15, 2015, and each December 15th thereafter))By December 15, 2020, the department, in ((collaboration))consultation with the statewide child care resource and referral ((organization))network, and the early achievers review subcommittee of the early learning advisory council, shall submit, in compliance with RCW 43.01.036, a ((progress))final report to the governor and the legislature regarding providers' progress in the early achievers program. ((Each progress))The report must include the following elements:
(a) The number, and relative percentage, of family child care and center providers who have enrolled in the early achievers program and who have:
(i) Completed the level 2 activities;
(ii) Completed rating readiness consultation and are waiting to be rated;
(iii) Achieved the required rating level to remain eligible for state-funded support under the early childhood education and assistance program or a subsidy under the working connections child care subsidy program;
(iv) Not achieved the required rating level initially but qualified for and are working through intensive targeted support in preparation for a partial rerate outside the standard rating cycle;
(v) Not achieved the required rating level initially and engaged in remedial activities before successfully achieving the required rating level;
(vi) Not achieved the required rating level after completing remedial activities; or
(vii) Received an extension from the department based on exceptional circumstances pursuant to RCW 43.216.085;
(b) A review of the services available to providers and children from diverse racial, ethnic, and cultural backgrounds;
(c) An examination of the effectiveness of efforts to increase successful participation by providers serving children and families from diverse racial, ethnic, and cultural ((and linguistic)) backgrounds and providers who serve children from low-income households;
(d) A description of the primary obstacles and challenges faced by providers who have not achieved the required rating level to remain eligible to receive:
(i) A subsidy under the working connections child care program; or
(ii) State-funded support under the early childhood education and assistance program;
(e) A summary of the types of exceptional circumstances for which the department has granted an extension pursuant to RCW 43.216.085;
(f) The average amount of time required for providers to achieve local level milestones within each level of the early achievers program;
(g) To the extent data is available, an analysis of the distribution of early achievers program-rated facilities in relation to child and provider demographics, including but not limited to race and ethnicity, home language, and geographical location;
(h) Recommendations for improving access for children from diverse racial, ethnic, and cultural backgrounds to providers rated at a level 3 or higher in the early achievers program;
(i) Recommendations for improving the early achievers program standards;
(j) An analysis of any impact from quality strengthening efforts on the availability and quality of infant and toddler care;
(k) The number of contracted slots that use both early childhood education and assistance program funding and working connections child care program funding; ((and))
(l) An analysis of the impact of increased regulations on the cost of child care; and
(m) A description of the early childhood education and assistance program implementation to include the following:
(i) Progress on early childhood education and assistance program implementation as required pursuant to RCW 43.216.515, 43.216.525, and 43.216.555;
(ii) An examination of the regional distribution of new preschool programming by ((zip code))school district;
(iii) An analysis of the impact of preschool expansion on low-income neighborhoods and communities;
(iv) Recommendations to address any identified barriers to access to quality preschool for children living in low-income neighborhoods;
(v) An analysis of any impact of extended day early care and education opportunities directives;
(vi) An examination of any identified barriers for providers to offer extended day early care and education opportunities;
(vii) An analysis of the demand for full-day programming for early childhood education and assistance program providers required under RCW 43.216.515; and
(viii) To the extent data is available, an analysis of the racial, ethnic, and cultural diversity of early childhood education and assistance program providers and participants.
(2) ((The first annual report due under subsection (1) of this section also shall include a description of the early achievers program extension protocol required under RCW 43.216.085.
(3))) The elements required to be reported under subsection (1)(a) of this section must be reported at the county level, and for those counties with a population of five hundred thousand and higher, the data must be reported at the zip code level.
(((4)))(3) If, based on information in an annual report submitted in 2018 or later under this section, fifteen percent or more of the licensed or contracted providers who are participating in the early achievers program in a county or in a single zip code have not achieved the rating levels under RCW 43.216.135 and 43.216.515, the department must:
(a) Analyze the reasons providers in the affected counties or zip codes have not attained the required rating levels; and
(b) Develop a plan to mitigate the effect on the children and families served by these providers. The plan must be submitted to the legislature as part of the ((annual progress))final report described in subsection (1) of this section along with any recommendations for legislative action to address the needs of the providers and the children and families they serve.
(4)(a) Beginning December 1, 2020, the department, in collaboration with the statewide child care resource and referral network, shall make available on its public web site, in a consumer-friendly format, the following elements:
(i) The number, and relative percentage, of family child care and center child care providers who have enrolled in the early achievers program and who have:
(A) Submitted their request for on-site evaluation and are waiting to be rated; and
(B) Achieved the required rating level to remain eligible for state-funded support under the early childhood education and assistance program or a subsidy under the working connections child care subsidy program;
(ii) The distribution of early childhood education and assistance program programming by school district; and
(iii) Indicators of supply and demand at the local level, as well as identification of regions or areas in which there are insufficient numbers of child care facilities using nationally developed methodology.
(b) The elements required to be made available under (a)(i) of this subsection (4) must be made available at the county level, and for those counties with a population of five hundred thousand and higher, the data must be reported at the zip code level.
(c) To the extent data are available, the elements required to be reported under (a)(ii) and (iii) of this subsection (4) must be updated at a minimum of a quarterly basis on the department's public web site.
(d) If in any individual state fiscal year, based on information reported in (a)(ii) and (iii) of this subsection (4), fifteen percent or more of the licensed or contracted providers who are participating in the early achievers program in a county or in a single zip code have not achieved the rating levels required under RCW 43.216.135 and 43.216.515, the department must:
(i) Analyze the reasons providers in the affected counties or zip codes have not attained the required rating levels; and
(ii) Develop a plan to mitigate the effect on the children and families served by these providers. The plan must be submitted to the legislature by November 1st of the year following the state fiscal year in question, along with any recommendations for legislative action to address the needs of the providers and the children and families they serve.
(5) Beginning September 15, 2021, and each odd-numbered year thereafter, the department shall submit a report to the governor and the legislature outlining the availability and quality of services available to early learning providers and children from diverse racial, ethnic, and cultural backgrounds and from low-income neighborhoods and communities. The report must include the following elements:
(a) To the extent data is available, an analysis of the racial, ethnic, and linguistic diversity of early childhood education and assistance program providers and participants, and the providers and participants of working connections child care;
(b) A review of the services available to providers and children from diverse racial, ethnic, and cultural backgrounds;
(c) An examination of the effectiveness of efforts to increase and maintain successful participation by providers serving children and families from diverse racial, ethnic, and linguistic backgrounds and providers who serve children from low-income households;
(d) To the extent data is available, the distribution of early achievers program-rated facilities by child and provider demographics, including but not limited to race and ethnicity, home language, and geographical location;
(e) Recommendations for improving and maintaining access for children from diverse racial, ethnic, and cultural backgrounds to providers rated at a level 3 or higher in the early achievers program;
(f) Recommendations to address any identified barriers to access to high-quality preschool for children living in low-income neighborhoods;
(g) An examination of expulsion rates of children from diverse racial, ethnic, and diverse cultural backgrounds and from low-income neighborhoods and communities; and
(h) An analysis of how early learning providers and families from diverse racial, ethnic, and cultural backgrounds and from low-income neighborhoods and communities have influenced or participated in the department's early learning plans and implementation strategies.
(6) Beginning September 15, 2022, and each even-numbered year thereafter, the department shall submit a report to the governor and the legislature on the availability of supports to providers and their effectiveness at improving quality. The report must include the following elements:
(a) An analysis of the effectiveness of recruitment efforts for new and returning high-quality early learning providers and programs;
(b) An analysis of the effectiveness of quality improvement tools and incentives on the retention and quality improvement of early learning professionals;
(c) An analysis of the supply of high-quality subsidized early learning. This analysis must include:
(i) An examination of the trend in supply of early learning providers and workers;
(ii) A description of the primary obstacles and challenges faced by providers who have not achieved the required early achievers rating level to remain eligible to receive a subsidy under the working connections child care program or state-funded support under the early childhood education and assistance program;
(iii) The number, and relative percentage, of family child care and center providers who have enrolled in the early achievers program and who have:
(A) Not achieved the required rating level initially but qualified for and are working through intensive targeted support in preparation for a partial rerate outside the standard rating cycle;
(B) Not achieved the required rating level initially and engaged in remedial activities before successfully achieving the required rating level;
(C) Not achieved the required rating level after completing remedial activities; or
(D) Received an extension from the department based on exceptional circumstances pursuant to RCW 43.216.085; and
(iv) Recommendations for improving retention and reducing barriers to entry for early learning providers;
(d) The average amount of time required for providers to achieve local level milestones within each level of the early achievers program;
(e) A summary of the types of exceptional circumstances for which the department has granted an extension to early achievers rating milestones pursuant to RCW 43.216.085;
(f) An analysis of the availability and quality of infant and toddler care; and
(g) An examination of any identified barriers that discourage providers from offering extended day early care and education opportunities.
(7) The information to be disclosed or shared under this section must not include sensitive personal information of in-home caregivers for vulnerable populations as defined in RCW 42.56.640, and must not include any other information protected from disclosure under state or federal law.
Sec. 4. RCW 43.216.075 and 2017 c 171 s 1 are each amended to read as follows:
(1) The early learning advisory council is established to advise the department on statewide early learning issues that contribute to the ongoing efforts of building a comprehensive system of quality early learning programs and services for Washington's young children and families.
(2) The council shall work in conjunction with the department to assist in policy development and implementation that assist the department in promoting alignment of private and public sector actions, objectives, and resources, ensuring school readiness.
(3) The council shall include diverse, statewide representation from public, nonprofit, and for-profit entities. Its membership shall include critical partners in service delivery and reflect regional, racial, and cultural diversity to adequately represent the needs of all children and families in the state.
(4) Councilmembers 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 members essential to coordinating services statewide prenatal through age five, as follows:
(a) In addition to being staffed and supported by the department, the governor shall appoint one representative from each of the following: The department of health, the student achievement council, 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 leaders in early childhood education to represent critical service delivery and support sectors, with at least one individual representing each of the following:
(i) The head start state collaboration office director or the director's designee;
(ii) A representative of a head start, early head start, or migrant/seasonal head start program;
(iii) A representative of a local education agency;
(iv) A representative of the state agency responsible for programs under section 619 or part C of the federal individuals with disabilities education act;
(v) A representative of the early childhood education and assistance program;
(vi) A representative of licensed family day care providers;
(vii) A representative of child day care centers; and
(viii) A representative from the home visiting advisory committee established in RCW ((43.215.130))43.216.130;
(d) Two members of the house of representatives, one from each caucus, to be appointed by the speaker of the house of representatives and two members of the senate, one from each caucus, to be appointed by the majority leader in the senate and the minority leader in the senate;
(e) Two parents, one of whom serves on the department's parent advisory group, to be appointed by the governor;
(f) One representative of the private-public partnership created in RCW ((43.215.070))43.216.065, to be appointed by the partnership board;
(g) One representative from the developmental disabilities community;
(h) Two representatives from early learning regional coalitions;
(i) Representatives of underserved communities who have a special expertise or interest in high quality early learning, one to be appointed by each of the following commissions:
(i) The Washington state commission on Asian Pacific American affairs;
(ii) The Washington state commission on African American affairs; and
(iii) The Washington state commission on Hispanic affairs;
(j) Two representatives designated by sovereign tribal governments, one of whom must be a representative of a tribal early childhood education assistance program or head start program;
(k) One representative from the Washington federation of independent schools;
(l) One representative from the Washington library association; and
(m) One representative from a statewide advocacy coalition of organizations that focuses on early learning.
(6) The council shall be cochaired by two members, to be elected by the council for two-year terms and not more than one cochair may represent a state agency.
(7) The council shall appoint two members and stakeholders with expertise in early learning to sit on the technical working group created in section 2, chapter 234, Laws of 2010.
(8) 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.
(9)(a) The council shall convene an early achievers review subcommittee to provide feedback and guidance on strategies to improve the quality of instruction and environment for early learning and provide input and recommendations on the implementation and refinement of the early achievers program. ((The review conducted by the subcommittee shall be a part of the annual progress report required in RCW 43.215.102. At a minimum the review shall address the following:))The subcommittee shall at a minimum provide feedback and guidance to the department and the council on the following:
(i) Adequacy of data collection procedures;
(ii) Coaching and technical assistance standards;
(iii) Progress in reducing barriers to participation for low-income providers and providers from diverse cultural backgrounds, including a review of the early achievers program's rating tools, quality standard areas, and components, and how they are applied;
(iv) Strategies in response to data on the effectiveness of early achievers program standards in relation to providers and children from diverse cultural backgrounds;
(v) Status of the life circumstance exemption protocols; and
(vi) Analysis of early achievers program data trends.
(b) The subcommittee must include consideration of cultural linguistic responsiveness when analyzing the areas for review required by (a) of this subsection.
(c) The subcommittee shall include representatives from child care centers, family child care, the early childhood education and assistance program, contractors for early achievers program technical assistance and coaching, tribal governments, the organization responsible for conducting early achievers program ratings, and parents of children participating in early learning programs, including working connections child care and early childhood education and assistance programs. The subcommittee shall include representatives from diverse cultural and linguistic backgrounds.
(10) The department shall provide staff support to the council.
Sec. 5. RCW 43.216.020 and 2017 3rd sp.s. c 6 s 202 are each amended to read as follows:
(1) The department shall implement state early learning policy and 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 make early learning resources available to parents and caregivers;
(c) To carry out activities, including providing clear and easily accessible information about quality and improving the quality of early learning opportunities for young children, in cooperation with the nongovernmental private-public partnership;
(d) To administer child care and early learning programs;
(e) To safeguard and promote the health, safety, and well-being of children receiving child care and early learning assistance, which is paramount over the right of any person to provide such care;
(f) To apply data already collected comparing the following factors and make ((biennial)) recommendations to the legislature in a time frame which corresponds to the child care and development fund federal reporting requirements, regarding working connections subsidy and state-funded preschool rates and compensation models that would attract and retain high quality early learning professionals:
(i) State-funded early learning subsidy rates and market rates of licensed early learning homes and centers;
(ii) Compensation of early learning educators in licensed centers and homes and early learning teachers at state higher education institutions;
(iii) State-funded preschool program compensation rates and Washington state head start program compensation rates; and
(iv) State-funded preschool program compensation to compensation in similar comprehensive programs in other states;
(g) To serve as the state lead agency for Part C of the federal individuals with disabilities education act (IDEA) and to develop and adopt rules that establish minimum requirements for the services offered through Part C programs, including allowable allocations and expenditures for transition into Part B of the federal individuals with disabilities education act (IDEA);
(h) To standardize internal financial audits, oversight visits, performance benchmarks, and licensing criteria, so that programs can function in an integrated fashion;
(i) To 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;
(j) To work cooperatively and in coordination with the early learning council;
(k) 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;
(l) To develop and adopt rules for administration of the program of early learning established in RCW 43.216.555;
(m) To develop a comprehensive birth-to-three plan to provide education and support through a continuum of options including, but not limited to, services such as: Home visiting; quality incentives for infant and toddler child care subsidies; quality improvements for family home and center-based child care programs serving infants and toddlers; professional development; early literacy programs; and informal supports for family, friend, and neighbor caregivers; and
(n) Upon the development of an early learning information system, to make available to parents timely inspection and licensing action information and provider comments through the internet and other means.
(2) When additional funds are appropriated for the specific purpose of home visiting and parent and caregiver support, the department must reserve at least eighty percent for home visiting services to be deposited into the home visiting services account and up to twenty percent of the new funds for other parent or caregiver support.
(3) Home visiting services must include programs that serve families involved in the child welfare system.
(4) 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, and that recognizes and honors cultural and linguistic diversity. The department shall include parents and legal guardians in the development of policies and program decisions affecting their children.
Sec. 6. RCW 13.40.212 and 1997 c 338 s 34 are each amended to read as follows:
(((1))) The department shall, no later than January 1, 1999, implement an intensive supervision program as a part of its parole services that includes, at a minimum, the following program elements:
(((a)))(1) A process of case management involving coordinated and comprehensive planning, information exchange, continuity and consistency, service provision and referral, and monitoring. The components of the case management system shall include assessment, classification, and selection criteria; individual case planning that incorporates a family and community perspective; a mixture of intensive surveillance and services; a balance of incentives and graduated consequences coupled with the imposition of realistic, enforceable conditions; and service brokerage with community resources and linkage with social networks;
(((b)))(2) Administration of transition services that transcend traditional agency boundaries and professional interests and include courts, institutions, aftercare, education, social and mental health services, substance abuse treatment, and employment and vocational training; and
(((c)))(3) A plan for information management and program evaluation that maintains close oversight over implementation and quality control, and determines the effectiveness of both the processes and outcomes of the program.
(((2) The department shall report annually to the legislature, beginning December 1, 1999, on the department's progress in meeting the intensive supervision program evaluation goals required under subsection (1)(c) of this section.))
Passed by the Senate March 10, 2020.
Passed by the House March 4, 2020.
Approved by the Governor March 31, 2020.
Filed in Office of Secretary of State March 31, 2020.
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