Early Learning Advisory Council. The Early Learning Advisory Council (ELAC) advises the Department of Children, Youth, and Families (DCYF) on statewide early learning issues. ELAC includes representatives of state agencies, the Legislature, and certain stakeholders.
Working Connections Child Care. This federally and state-funded program provides child care subsidies to families. To not exceed the appropriated amount, DCYF must manage the program with certain priorities, so the average monthly caseload does not exceed 33,000 households.
Eligibility and Co-payments. Families may be eligible for child care subsidies if they have an income at or below 200 percent of the federal poverty level (FPL)—$43,440 for a family of three—and have one or more children younger than 13 or younger than 19 with a verified special need or are under court supervision. The state pays part of the cost of child care when a parent is employed, self-employed, or in approved work or education activities, except in certain circumstances.
The family is responsible for making a co-payment to the child care provider based on the family's countable income. Under DCYF rule, co-payments are calculated as follows:
| If a consumer's income is | Then the consumer's co-payment is |
| at or below 82 percent of FPL | $15 |
| above 82 percent of FPL up to 137.5 percent of FPL | $65 |
| above 137.5 percent of FPL through 200 of FPL | The dollar amount is equal to subtracting 137.5 percent of FPL from countable income, multiplying by 50 percent, then adding $65. |
Student Parents. DCYF may not require an applicant or consumer to meet work requirements as a condition of receiving Working Connections Child Care (WCCC) benefits when the applicant or consumer is:
Child Care Subsidy Rates. The 2020 supplemental budget included appropriations to increase child care subsidy rates to 65th percentile of market at Level 2 in Early Achievers, the state's quality rating and improvement system, for fiscal year 2021. Subsidy rates are based on a market rate survey that is conducted every three years.
Child Care Collaborative Task Force. This task force was directed to develop a child care estimate model to determine the full costs providers would incur when providing high quality child care. The task force began developing the model but was unable to collect financial information from providers as originally planned due to COVID-19.
Early Childhood Education and Assistance Program. This voluntary preschool program administered by DCYF serves eligible three to five-year-old children who are not age-eligible for kindergarten. The program must offer a comprehensive program that includes education, health, and family support services.
Entitlement. Current law provides for Early Childhood Education and Assistance Program (ECEAP) to become an entitlement in the 2022-23 school year for eligible children. "Eligible child" means a child who:
Expanded Enrollment. DCYF rules allow children who do not met the definition of eligible child to enroll in ECEAP, as space is available, if the family income is:
Early Entry. DCYF rules allow children to enroll in ECEAP, as space is available, when the child is not eligible under RCW 43.216.505 and the child turns three at any time during the school year when the child has a family income at or below 200 percent of FPL or meets at least one risk factor and has received services from or participated in:
Early Support for Infants and Toddlers. Part C of the federal with Individuals with Disabilities Education Act (IDEA) provides early intervention services for infants and toddlers, birth to age three, who have disabilities, which includes developmental delays and diagnosed physical or mental conditions. DCYF is the lead agency for the state's ESIT program.
Birth-to-Three Early Childhood Education and Assistance Program. In 2019, DCYF was directed to develop a plan for phased implementation of a Birth-to-Three ECEAP pilot project for eligible children under 36 months old. To be eligible, a child's family income must be at or below 130 percent of FPL. The pilot project must be delivered through child care providers.
Infant and Early Childhood Mental Health Consultation. In 2019, DCYF was directed to enter into a contractual agreement to hire one qualified mental health consultant for each of the six department-designated regions. The consultants must support Early Achievers coaches and child care providers by providing resources, information, and guidance regarding challenging behavior and expulsions.
Early Childhood Intervention and Prevention Services Program. DCYF administers the Early Childhood Intervention and Prevention Services (ECLIPSE) program, which is delivered by two community-based programs. The programs provide therapeutic child care and other specialized treatment services to families and children who have had exposure to complex trauma.
Education and Training Requirements. Under DCYF rules, new staffing qualifications for licensed child care providers went into effect in 2019. The rules require certain certificates or equivalents. By July 1, 2021, DCYF must implement a noncredit-bearing, community-based training pathway for licensed child care providers to meet professional education requirements associated with child care licensure.
Negotiated Rule Making. Agencies are encouraged to develop and use new procedures for reaching agreement among interested parties, including negotiated rule making, before proposing rules. DCYF must engage in negotiated rulemaking with the exclusive representative of the family child care licensees and with other affected interests.
Income Measures. Federal poverty guidelines are used to determine financial eligibility for certain programs. For a family of three, the 2021 poverty guideline is $21,960.
In the National School Lunch Program, students whose families have income at or below 130 percent of FPL are eligible for free meals. Students whose families have income between 130 percent and 185 percent of FPL are eligible for reduced-price meals.
The Washington State Department of Social and Health services publishes a state median income (SMI) chart. For a family a three, the 2021 SMI is $86,340.
For a family of three, 36 percent of SMI converts to 142 percent of FPL, and 50 percent of SMI converts to 197 percent of FPL.
Legislative Balanced Budget Requirement. The Legislature must adopt a four-year balanced budget as follows:
Related funds means the Washington Opportunity Pathways Account, the Workforce Education Investment Account, and the Education Legacy Trust Account. The Education Legacy Trust Account may be used only for support of common schools, and for expanding access to higher education through funding for new enrollments and financial aid, and other educational improvement efforts. During the last three biennia, the account supported early learning programs.
Accounts, Spending Goals and Strategies, and Oversight. The Fair Start for Kids Account is created, and expenditures from the account may be used only for child care and early learning purposes. A non-exhaustive list of spending goals and strategies for the account is specified.
The Fair Start for Kids Account is added to the definition of related funds, which includes it in the legislative balanced budget requirement.
The Education Legacy Trust Account is amended to include early learning and child care programs as an allowable expenditure.
Early Learning Advisory Council. ELAC must:
In collaboration with ELAC, DCYF must consult its advisory groups and stakeholders and submit a biennial report describing how the investments have impacted the policy objectives. The first report is due September 15, 2023.
ELAC must convene a temporary licensing subcommittee to provide feedback and recommendations to DCYF on improvement to the statewide licensing process. The subcommittee must:
Certain representatives are added to ELAC, and appointment authority is modified. ELAC may convene advisory groups, such as a parent caucus, to evaluate specific issues.
Working Connections Child Care. Eligibility and Co-payment. Beginning July 1, 2021, a family is eligible for WCCC when the household's annual income is at or below 60 percent of SMI adjusted for family size and the household meets other eligibility requirements. Subject to appropriations, a family is eligible when the household's annual income is above 60 percent of SMI and is at or below 75 percent beginning July 1, 2027.
DCYF must calculate a monthly co-payment according to a phased-in schedule:
| Date: | If the household's income is | Then the household's co-payment is |
| No later than July 1, 2021 | at or below 20 percent of SMI | $15 or waived to the extent allowable under federal law |
| No later than July 1, 2021 | above 20 percent and at or below 36 percent of SMI | $65 |
| No later than July 1, 2021 | above 36 percent and at or below 50 percent of SMI | $115 |
| No later than July 1, 2021, and until June 30, 2023 | above 50 percent and at or below 60 percent of SMI | $115 |
| Beginning July 1, 2023 | above 50 percent and at or below 60 percent of SMI | $165 |
| Beginning July 1, 2027 | above 60 percent and at or below 75 percent of SMI | $215 |
The department must adopt rules to implement this section, including an income phase-out eligibility period.
Student Parents. Beginning September 1, 2021 and subject to appropriations, DCYF may not require an applicant or consumer to meet work requirements as a condition of receiving WCCC when any parent, not only single parents, is a full-time student of a community, technical, or tribal college, is in good standing, and is enrolled in:
The requirement that a student must maintain passing grades is removed.
Subject to appropriations, DCYF may waive work requirements for full-time students who are enrolled in a bachelor's degree or applied baccalaureate degree program.
Child Care Subsidy Rates. Beginning July 1, 2021, child care subsidy base rates must achieve the 85th percentile of market for licensed or certified child care providers. The state and the exclusive representative for family child care providers must enter into bargaining over the implementation of this subsidy rate increase.
DCYF must build upon the work of the Child Care Collaborative Task Force to develop and implement a child care cost estimate model and use the completed model to recommend subsidy rates that are sufficient to compensate for the full costs of providing high quality child care. DCYF must:
Nonstandard Hours Rate Model. By January 1, 2022 and subject to appropriations, DCYF must develop and submit a rate model for nonstandard child care hours.
Early Childhood Education and Assistance Program. Entitlement. The entitlement for ECEAP is delayed to the 2026-27 school year. Entitlement is voluntary enrollment. Beginning July 1, 2026, the definition of "eligible child" for the purposes of the future entitlement is expanded to include a child who:
"Family with financial need" means families with incomes at or below 36 percent of SMI adjusted for family size until the 2030-31 school year. Beginning in the 2030-31 school year, it means families with incomes at or below 50 percent of SMI.
Expanded Enrollment. DCYF must adopt rules that allow children to enroll in ECEAP when the child is not eligible under RCW 43.216.505, as space is available, if
the family income level is above 36 percent of SMI, but at or below 50 percent of SMI; and the child meets at least one of the specified risk factors.
Expanded enrollment ends August 1, 2030.
Early Entry. Early entry is expanded to allow for children who have a family income at or below 100 percent of SMI, instead of 200 percent FPL, and have participated in certain early intervention programs including children who have participated in ECLIPSE.
Rates. For the 2021-22 school year, ECEAP rates must be set at a level at least 10 percent higher than the rates established in the 2019-21 operating budget. It is the intent of the Legislature that rate increases be informed by DCYF's 2020 ECEAP rate study.
Providers Supports. Complex Needs Funds. Subject to appropriations, DCYF must administer two complex needs funds to promote inclusive, least restrictive environments and to support contractors and providers serving children who have developmental delays, disabilities, behavioral needs, or other unique needs. One fund must support ECEAP and Birth-to-Three ECEAP, and one fund must support child care programs.
Trauma-Informed Care Supports. Beginning July 1, 2022, DCYF must provide supports to aid eligible providers in providing trauma-informed care. Supports may be used by eligible providers for certain purposes including, wage increases for specialty credentials, professional development and training, screening tools and assessment materials, supportive services, and other related expenses.
Dual Language Rate Enhancement. Beginning July 1, 2022, DCYF must establish a dual language designation and provide subsidy rate enhancements or site-specific grants for licensed or certified child care providers, and ECEAP or Birth-to-Three ECEAP contractors.
Equity Grants. Subject to appropriations, DCYF must distribute early childhood equity grants to eligible applicants who may receive a grant once every two years. DCYF must administer the grants to support inclusive and culturally and linguistically specific programs. DCYF must conduct an equitable process to prioritize grant applications.
Infant and Early Childhood Mental Health Consultation. Subject to appropriations, DCYF must administer or contract for these consultation services. Beginning July 1, 2021 and subject to appropriations, DCYF must have or contract for one coordinator and must enter into a contract with an organization providing Early Achievers coaching services to hire at least 12 consultants with at least one for each of six designated regions and the consultants placed in regions based on the highest need.
Play and Learn Groups. Subject to appropriations, DCYF must provide or contract to provide resources and supports for inclusive and culturally and linguistically relevant play and learn groups.
Professional Development. Subject to appropriations, DCYF must provide professional development supports to aid eligible providers in reaching the professional education and training standards adopted by DCYF. Professional development supports may include trainings, Early Achievers scholarships, community-based training pathways, and other activities.
Negotiated Rulemaking with Child Care Centers. DCYF must engage in negotiated rule making with the largest organization representing child care center owners and directors; the largest organization representing supervisors, teachers, and aides; and other affected interests before adopting requirements that affect child care center licensees.
Capacity Flexibility for Family Home Providers. DCYF may waive the limit that restricts family home providers from serving not more than 12 children. DCYF must establish conditions for such waivers by rule and must assess, at a minimum, the providers' available square footage and staffing capabilities prior to issuing any waiver of the limit of 12 children.
Prenatal-to-Three Supports. Education and Support. Subject to appropriations, DCYF must administer a prenatal-to-three family engagement strategy. Services and supports may include home visiting, play and learn groups, parent peer-support groups, and other programs and services.
Birth-to-Three Early Childhood Education and Assistance Program. The Birth-to-Three ECEAP pilot project is made permanent and subject to appropriations. To be eligible for the program, the family's income must be at or below 50 percent of SMI.
Infant Care Rate Enhancement. Beginning July 1, 2022, DCYF must provide an infant rate enhancement for licensed or certified child care providers and Birth-to-Three ECEAP contractors that are caring for a child between the ages of birth and 11 months.
Early Therapeutic and Preventative Services. Subject to appropriations, DCYF must administer early therapeutic and preventative services programs, such as ECLIPSE, and other related services for children who are between the age of birth to five; and referred by certain people due to risk of child abuse or neglect, exposure to complex trauma, or significant developmental delays.
Subject to appropriations, DCYF must make all reasonable efforts to deliver ECLIPSE statewide. These services must focus first on children and families furthest from opportunity as defined by income and be delivered by programs that emphasize racial equity.
Inflationary Adjustments. Beginning July 1, 2023 and subject to appropriations, rates paid for ECEAP, dual language enhancement, Birth-to-Three ECEAP, and infant rate enhancement must be adjusted every two years according to an inflationary increase.
Collective Bargaining. Nothing in this act changes DCYF's responsibility to collectively bargain over mandatory subjects or limits the Legislature's authority to make programmatic modifications to licensed child care and early learning programs consistent with legislative reservation of rights. The spending goals and strategies section and child care subsidy rates section do not interfere with, impede, or in any way diminish the right of family child care providers to bargain collectively with the state through the exclusive bargaining representatives.
Employer-Supported Child Care. Subject to appropriations, the Department of Commerce, in collaboration with DCYF, must provide or contract to provide remote or in-person technical assistance to employers interested in supporting their employees' access to high quality child care.
Conforming amendments are made. A statute that appears twice in the code is merged. A federal severability clause is included.
Intent
Accounts and Spending Goals and Strategies
Early Learning Advisory Council
Working Connections Child Care
Provider Supports
Prenatal-to-Three Supports
Collective Bargaining
Other
The committee recommended a different version of the bill than what was heard. PRO: Child care is a critical part of economic recovery in all sectors. This bill will help families access the child care they need, so they can get back to work and recover from this global pandemic. COVID-19 has immediate and long-term impacts on K-12 education and the economy given the lack of play and social-emotional learning. The current child care system is not working and COVID-19 has made that apparent. Child care spots are difficult to find, and the cost is astronomical. Some women have to decide whether to stay home because their salaries do not or barely cover the cost of child care. Decades of inadequate investment in early learning makes the investments in this bill critical and will begin to disrupt gender and racial inequities. The needs have been piling up over the years, and this session is the time to invest in this industry. New revenue is not needed. Women make up a large share of child care workers and are essential. There is a strong need for quality, culturally and linguistically relevant child care and early learning programs. ECEAP programs are beneficial for children and their families. They help families get involved with their children's education and help provide mental health, food, and other wrap-around services. These programs have positive incomes for children especially Native American children who have been disenfranchised from educational institutions since boarding schools. Child care providers are struggling with the additional costs during COVID-19, such as personal protective equipment and low enrollment. Providers who do not speak English need interpretation services to better understand the supports that are available. The subsidy rates are so low that it does not make financial sense for providers to serve children from families who have subsidies. Subsidy rates need to move closer to the private pay rate. Family home providers should be able to seek waivers to serve more than 12 children, which will increase access. Child care providers need to be part of the decision-making. The supports in this bill will help attract and retain quality educators. Child care is in crisis, but it is a strong industry that has been able to adapt during COVID-19 and worth investing in. The demand for infant and mental health consultation is immense. This consultation is an intervention-based program that can help reduce expulsions from child care, address trauma, and provide supports to families. Early intervention is important for children with developmental disabilities and can prevent children needing special education in the K-12 system. Early learning and child care providers can promote inclusion.
CON: Focusing on dismantling racism and home visiting programs can undermine parental rights and the passing down of cultural values. Government should not be involved in private day care businesses or mandating racism and equity training. Preschool children do not need anti-bias and anti-racism training. Systemic racism is a political construct. All Americans have equal protection under the law. This bill assumes that all families want to put their children in day care and preschool programs, and it assumes that English learners, low-income families, and families of color have inferior parenting skills and need government programs. Families do not need home-visiting programs.