State Program of Basic Education.
Basic education is a program defined and funded by the Legislature, intended to meet the state's paramount duty under Article IX of the state Constitution, and delivered by public schools. The state's statutory instructional program of basic education for kindergarten through twelfth grade includes specified minimum components, for example: instruction in the state learning standards; supplemental instruction and services for students not meeting academic standards through the Learning Assistance Program; supplemental instruction and services for students whose primary language is not English through the Transitional Bilingual Instruction Program; special education for students with disabilities; and student transportation to and from school.
Funding for the minimum instructional program of basic education is allocated using the prototypical school funding model. The model's formula includes commonly understood terms and inputs, for example: average general education class size; minimum staff allocations per prototypical school and school district; materials, supplies, and operating costs; and categorical programs such as the Learning Assistance Program and the Transitional Bilingual Instruction Program. Actual allocations are adjusted based on the number of annual average full-time equivalent students in each grade level at each public school. "Public schools" include charter schools and state-tribal education compact schools.
Kindergarten Program.
All school districts must make a full-day kindergarten program available to children who are residents of the district. Except as otherwise provided by law, school districts may establish uniform entry qualifications for admission to kindergarten, for example by requiring a child to turn 5 years old as of August 31. The Office of the Superintendent of Public Instruction (OSPI) is permitted by statute to adopt rules to provide for exceptions to these uniform entry qualifications based upon the ability, or the need, or both, of an individual student. The rules of the OSPI require a screening process or instrument be used to determine a student's ability or need.
To receive state basic education allocations for a full-day kindergarten program, a school district or other public school must meet specified conditions, for example: (1) provide at least 1,000 instructional hours over 180 school days; (2) provide a curriculum that assists students in developing academic, communication, motor, and social-emotional skills; (3) establish developmentally appropriate learning environments; and (4) communicate and collaborate with early learning providers.
To the extent funds are available, the Washington Kindergarten Inventory of Developing Skills (WaKIDS) must be administered at the beginning of the school year to all students enrolled in a state-funded full-day kindergarten program, except for students who have been excused from participation by their parents or guardians.
Transitional Kindergarten.
Some school districts and charter schools have elected to offer programs referred to as Transitional Kindergarten (TK). The OSPI website states that TK is a kindergarten program for children not yet age 5 who do not have access to high-quality early learning experiences prior to kindergarten and have been deemed, through a screening process or other instrument, to need additional preparation to be successful in kindergarten the following year.
The OSPI first published guidance on TK in 2019. The Legislature has not adopted, referenced, or defined "transitional kindergarten" in any statutes. There have been two operating budget provisos that referenced TK and both were vetoed: a study on TK was vetoed in the 2020 Supplemental Budget and a requirement for the OSPI to limit state allocations for TK enrollments was vetoed in the 2022 Supplemental Budget. Agency rules for TK programs have not been adopted, but in December 2022 the OSPI filed a preproposal statement of inquiry for possible rulemaking on TK.
According to the OSPI, TK is kindergarten, so TK programs must meet the requirements for kindergarten. The OSPI recommends that TK teachers be certificated by the state with early childhood or early childhood special education endorsements. In addition, the OSPI recommends that TK programs give attention to the developmental capabilities and needs specific to young children in school settings.
Statute requires that kindergarten include 1,000 annual instructional hours over 180 school days; however, the OSPI permits TK programs to prorate instructional hours from the start date of the program, which may begin between the beginning of the school year, and January 31.
The OSPI directs school districts to report TK students as kindergarten students, although there is no corresponding statute or budget proviso that authorizes or requires this reporting. Because TK students are reported as kindergarten students, they generate state basic education allocations that include transportation funding, additional Transitional Bilingual Instructional Program funding, additional Learning Assistance Program funding, and other state and federal funding.
The OSPI encourages TK program administrators to work in collaboration with and not adversely impact enrollment in community-based preschool programs, including by participating in coordinated outreach, referral, and placement to assure best fit and appropriateness of services based on each child and family’s need.
Other Early Learning Programs and Child Care.
The Department of Children, Youth, and Families (DCYF) implements state early learning policy and coordinates, consolidates, and integrates child care and early learning programs in order to administer programs and funding as efficiently as possible. Among other duties, the DCYF also licenses child care providers and administers the Early Childhood Education and Assistance Program (ECEAP).
Early Childhood Education and Assistance Program. The ECEAP is a state preschool program that provides no-charge services and supports to eligible 3- to 5-year-old children who are not age-eligible for kindergarten. In general, eligibility criteria relate to family income and whether a child has qualifying disabilities. The ECEAP is slated to become an entitlement for eligible children in the 2026-27 school year. The DCYF contracts with school districts, nonprofit organizations, and other entities for provision of the ECEAP.
Providers of the ECEAP must follow performance standards developed by the DCYF on the following topics: child outcomes; family engagement and partnerships; staff professional development, training, and other requirements; classroom environment; interactions and curriculum; and program administration and oversight. Class time requirements vary depending on the type of ECEAP program: part day, school day, or working day.
Caseload Forecast.
The Caseload Forecast Council prepares and approves the official state caseload forecasts. The forecast includes the number of persons expected to meet entitlement requirements and require the services of the public elementary and secondary education system, as well as the number of children who are eligible to participate in, and the number of children actually served by, the ECEAP.
Transition to Kindergarten Program.
The intent of the Legislature is to continue and rename Transitional Kindergarten as the Transition to Kindergarten (TTK) Program and that the TTK Program be established in statute with the goal of assisting eligible children in need of additional preparation to be successful kindergarten students in the following school year. The TTK Program is not part of the state's statutory program of basic education.
Rules. The Office of the Superintendent of Public Instruction must administer the TTK Program and must adopt rules for the administration of, the allocation of state funding for, and minimum standards and requirements for the TTK Program. Initial rules, which include expectations for school districts, charter schools, and state-tribal education compact schools transitioning existing programs to the requirements for TTK Programs must be adopted in time for the 2023-24 school year, and permanent rules must be adopted by the beginning of the 2024-25 school year.
The rules adopted by the OSPI must include specified minimum requirements for school districts, charter schools, and state-tribal education compact schools operating a TTK Program. The rules must limit TTK program enrollment to eligible children. Eligible children include only those who: have been determined to benefit from additional preparation for kindergarten; and are at least four years old by August 31 of the school year they enroll in the program.
As practicable, school districts, charter schools, and state-tribal education compact schools must prioritize families with the lowest incomes and children most in need for additional preparation to be successful in kindergarten when enrolling eligible children in a TTK Program. Access to the TTK Program does not constitute an individual entitlement for any particular child.
The rules must require that, except for children who have been excused from participation by their parents or legal guardians, the Washington Kindergarten Inventory of Developing must be administered to all eligible children enrolled in a TTK Program at the beginning of the child's enrollment in the program and at least one more time during the school year.
The rules must require that all eligible children enrolled in a TTK Program be assigned a statewide student identifier and that the TTK Program be considered a separate class or course for the purposes of specified data reporting requirements.
The rules must require that a local child care and early learning needs assessment is conducted before beginning or expanding a TTK Program that considers the existing availability and affordability of early learning providers, such as the Early Childhood Education and Assistance Programs, Head Start programs, and licensed child care centers and family home providers in the region. Data available through the regionalized data dashboard maintained by the Department of Children, Youth, and Families (DCYF) or any other appropriate sources may be used to inform the needs assessment.
The rules must require that school districts, charter schools, and state-tribal education compact schools adhere to guidelines, as developed by the OSPI, related to the following elements: (1) best practices for site readiness of facilities that are used for the program; (2) developmentally appropriate curricula designed to assist in maintaining high quality programs; and (3) professional development opportunities. The OSPI must develop a process for conducting site visits of any school district, charter school, or state-tribal education compact school operating a TTK Program and provide feedback on elements in the OSPI guidelines described above.
The rules must prohibit charging tuition or other fees to state-funded eligible children for enrollment in a TTK Program.
The rules must prohibit establishing a policy of excluding an eligible child due only to the presence of a disability.
Operation. School districts, charter schools authorized by a school district, and state-tribal education compact schools are immediately permitted to operate a TTK Program. Beginning with the 2025-26 school year, charter schools authorized by either a school district or by the Washington State Charter School Commission are permitted to operate a TTK Program.
School districts, charter schools, and state-tribal education compact schools operating a TTK Program must adopt policies regarding eligibility, recruitment, and enrollment for this program that, at a minimum, meet the requirements of the OSPI rules.
When adopting TTK policies, school districts, charter schools, and state-tribal education compact schools must consider best practices developed by the OSPI, in collaboration with the DCYF, related to statewide coordinated eligibility, recruitment, enrollment, and selection.
School districts, charter schools, and state-tribal education compact schools may blend or colocate a TTK Program with other early learning programs.
Funding. Funding for the TTK Program must be based on the following:
Funding provided for the TTK Program is not part of the state's statutory program of basic education and must be expended only for the support of operating a TTK Program.
Forecast. The Caseload Forecast Council must forecast eligible children participating in the TTK Program.
Early Entry to Kindergarten.
It is specified that exceptions to uniform entry qualifications for admission to kindergarten and first grade are "individualized" exceptions. In addition, it is specified that nothing authorizes school districts, public schools, or the OSPI to create state-funded programs based on entry qualification exceptions except as otherwise expressly provided by law.
Early Learning Program Connection and Alignment.
The DCYF must make administrative changes to better align Early Childhood Education and Assistance Program implementation with state-funded early learning programs serving 3- through 5-year old children offered by school districts, charter schools, and state-tribal education compact schools. The DCYF must submit a report of the administrative changes to the Legislature by July 1, 2024.
The OSPI, in collaboration with the DCYF, must provide technical assistance to TTK Programs to support connections with local early learning providers.
(In support) This bill will legislatively establish a program for 4-year-old children who would benefit from additional preparation but who are unable to access it. The state has committed to child-focused, developmentally appropriate, state-funded preschool through the Early Childhood Education and Assistance Program (ECEAP). It is intentional that ECEAP supports not only the whole child, but the whole family. This active partnership is essential to the success and wellbeing of every child. This age and developmentally appropriate approach should be implemented by all early learning providers.
The Transition to Kindergarten (TTK) Program acknowledges that many learners will not be ready because the state has not adequately funded universal early learning. It is fortunate that some school districts have stepped in to fill the void by operating Transitional Kindergarten (TK) Programs, but not all districts are offering a developmentally appropriate preschool program. This bill asserts the state's role is to legislatively enact a new program and correct a misinterpretation of the executive agency. This bill should be considered a first step to creating a solid, coordinated bridge between early learning and the elementary and secondary system.
The state has a mixed-delivery, early learning system that should meet kids where they are. This bill is a thoughtful approach to expanding preschool, which is needed. Both the TK Program and the TTK Program can be one part of a mixed-delivery system of early learning. The state should avoid impacting childcare providers who serve children ages 0 to 3 years old.
Preschool is a key developmental stage and so the curriculum in the program should be play-based. The children in TK Programs are developmentally in early learning and are identified for the program because they are not ready for kindergarten. Some TK classrooms look just like ECEAP, while other classrooms look like kindergarten with a teacher who has no early childhood experience. The TTK Program is required to use developmentally appropriate standards that will help ensure that children who are under age 5 are ready for kindergarten.
Licensed community childcare providers have had families withdraw their children to enroll them in a TK Program, not due to dissatisfaction with the childcare provider or because the children have a developmental delay, but because the TK Program is free and offers transportation. An issue with the TK Program is that it has a high ratio of children to adults, does not provide a nap time, and the young children are transported with high school students.
The TK Program is implemented unevenly across the state. Some families have been told that if they want their child to have an individualized education program, the child will have to be withdrawn from childcare. Early learning programs should increase teacher pay and have fewer administrative burdens.
The ECEAP, the TK Program, and the TTK Program have different child eligibility schemes. Some school districts do not have enough space to offer an ECEAP and a TK Program. Under this bill, the TTK Programs must have a child screening process, and coordinate with other early learning providers. Not all school districts are early learning experts, and this bill puts in place a framework for supporting school districts.
All the early learning providers need to work together on appropriate placement of children. When there is no coordination, families in poverty miss out on services by going to a TK Program instead of an ECEAP. The TK Program should not be terminated, it just needs to be right. This bill does what is right for kids and does what is right for the early learning community. This bill addresses the inconsistencies in the TK Program.
(Opposed) Improving early childhood education access is important. When all early learning programs are well staffed, children are placed where they are best served. In high-poverty, rural school districts, a third of students screened are determined not to be ready for kindergarten and do not have access to preschool programs. School districts should partner with other early learning programs to ensure that children are placed in a preschool program that best meets their needs: first in a Head Start program or ECEAP, then in a TK Program, then with private providers. The ECEAP and Head Start have had staffing issues due to low teacher salaries. Some elements in the bill are a step backwards. School districts are filling a critical need in the early learning system.
School districts understand the developmental needs of early learners. Many communities have a lack of reliable public transportation. The TTK Program would be more limited and less likely to serve children, and would erect more barriers for families served. Eliminating the TK Program would do a disservice to the children.
Many school districts are concerned that the TK Program will be replaced with a TTK Program that is not automatically funded by the state and will not include transportation funding. A grant program to fund the TTK Program may not fit under the current cost structures of the system. The funding for the TTK Program should be equivalent to the funding for elementary and secondary education, including funding for materials, supplies, and operating costs, as well as increases for inflation. If the current funding structure is not maintained, then some school districts will not be able to offer a TTK Program.
It is imperative that educational options are provided to the earliest learners. Certificated teachers are used in the TK Program. Given the shortage of teachers with early childhood education, the bill should create a longer implementation on-ramp that authorizes teachers with elementary education endorsements to complete early childhood education within five years.
Children who move into kindergarten from a TK Program are ready for kindergarten and might even be able to skip kindergarten. The community must give children the best opportunity they can to be successful. The TK Program is successful and helps children. The TK Program is basic education right. An analysis of the TK Program is being conducted by the Washington Institute for Public Policy, with a report due in December 2023.
(Other) There needs to be collaboration to provide universal access to preschool students in need. Expanding access to high quality early learning needs to be done through multiple strategies, including: home care, partnerships with community-based preschools, state funded preschools, and federally funded preschools. Students who do not qualify for ECEAP and Head Start or community programs can be served in a TK Program. While it is good to increase the quality of the TK Programs, if the bill passes as is there will be a reduction in access to early learning services.
The TK Program has a place in a mixed-delivery system. The TK Program helps to fill the void and it may be the only option for some families. The TK Program needs to be operated in a thoughtful manner, rather than mirroring a kindergarten class. The Educational Service Districts can provide expertise in navigation of programs as the TK Program grows. The funding for the TK Program should remain within the prototypical school funding model.
School districts should be exempt from childcare licensing requirements. The TTK Program must be staffed with certificated teachers but should not be limited to teachers with a rare certification. It is not reasonable to use the Washington Kindergarten Inventory of Developing Skills (WA KIDS) as a screener for early entry to kindergarten because it takes several weeks to complete. Braided funding, inclusive practices, and high-quality teaching staff will support appropriate preschool learning environments for all students.
Washington needs to allow families to choose the early learning programs that meet their child's needs. Funneling children into TTK Programs limits options for families and has unintended consequences. The state needs to take care to not destabilize community providers. The TTK program must collaborate with other early learning providers to ensure that students are not eligible for other programs. The TTK Program is play-based and serves children's needs. The TTK Program works because those who were in TK had better readiness in five out of six domains of WA KIDS.
The TK program is popular because it is at the local school, so the students can access teachers that understand elementary and early childhood education. The students in TK programs have access to transitional bilingual instruction, special education, and other supports in the schools. The TK Program should not replace or compete with ECEAP. Until the state can cover costs for all students to attend an ECEAP, the TTK Program should serve those who do not qualify for ECEAP or Head Start. The state should support programs that work and have a goal of expanding early learning programs.
(In support) The Transitional Kindergarten (TK) Program is not uniform across the state and the impacts vary. The TK Programs are successful, but they need to be expanded. Implementation statewide is uneven. Different school districts have different eligibility requirements and quality levels. Not enough planning and communication is involved. Some families have been told that if they want their child to have an individualized education program, the child will have to be withdrawn from childcare. This bill establishes standards.
Early learning providers in our mixed-delivery system have had high-quality programs for much longer with more regulation and quantifiable success. The TK Programs are causing further issues for child care providers who are already providing high-quality programs. The state will lose more childcare providers if this bill is passed.
(Opposed) The TK Program is working for kids, parents, and communities. This bill will do more harm than good. The Legislature created statute that has been recodified multiple times for creating uniform kindergarten experiences, exceptions for ability, and exceptions for need. The state assesses students on six domains and TK Program students are outperforming their peers on all six domains when entering kindergarten. This bill will eliminate access to TK Programs for thousands of students across the state. Each year about 80,000 kids enter kindergarten in the public school system and only half are ready for kindergarten. Middle- and lower-income families are ready for kindergarten at lower rates than those from more privileged backgrounds. Race and ethnicity also plays a role. High-quality prekindergarten is the state's best tool for addressing these challenges. School districts are vital partners in the Early Childhood Education and Assistance Program (ECEAP) and will continue to partner within a mixed-delivery, early learning system alongside community partners. State agencies are committed to work on rules and standards so that school districts and community-based programs can run quality, aligned, and integrated classrooms by leveraging multiple funding streams.
Kindergarten through twelfth enrollment reductions of 35,000 students per year for the next six years will provide at minimum state savings of $2.1 billion. This bill is not the place to find savings for two to three thousand enrollments given the success of the TK Program and savings on future resources. The bill's funding mechanism would be difficult for schools to implement and will reduce access to high-quality early learning programs that prepare children for a strong start in school. Many private and early learning programs partner with school districts to braid funding and share facilities and the state should build on those successes. School districts can help communities reach economies of scale to serve children. School districts can also offer bilingual and other wrap-around services that are too costly for smaller providers. Only a small fraction of students in the state can access early learning. This is not a time to place limits. The state needs to continue to fund ECEAP and make progress. It is preferred to not replace a well-functioning system with a new program that might be funded with state grant dollars without funding for transportation or allow certificated teachers to provide instruction.
The 2020 Legislature directed the Washington State Institute for Public Policy to do a needed analysis on the state's TK Programs.
(Other) There are major concerns with the bill as written. The current bill misses the mark on a few critical factors. First, the bill leaves out students who require transitional bilingual supplementary instruction and those with disabilities. Second, the bill delinks the programming from basic education which removes critical transportation funding. Transportation is critical for families. Without transportation parents will have to transport their children, further limiting access to these programs. Additionally, the bill does not allow private providers to refer students to TK Programs.
Do not undermine the success the TK Program has been. The ECEAP and TK Programs help with a staggering lack of early learning availability. There are many areas in the state that are preschool deserts. This bill would gut and eliminate strong programs. Bar none, each school district with students entering kindergarten after a TK Program are better prepared and have better educational outcomes. Many children and families are at risk of being unserved.
The funding allocation needs to include all of RCW 28A.152.60 and be based on district versus statewide allocations given the different cost structures across the state. Clock hours should be added as an option in addition to the credits. Section five of the bill states that educational service districts should have an eligibility role for TK Programs, but this should stay within the school districts.