H-1337.1

SUBSTITUTE HOUSE BILL 1550

ByHouse Education (originally sponsored by Representatives Santos, Senn, Ortiz-Self, Berry, Goodman, Ramel, Simmons, Stonier, Bergquist, Pollet, Fosse, and Doglio)

AN ACT Relating to assisting eligible children in need of additional preparation to be successful in kindergarten by replacing transitional kindergarten with a legislatively established and authorized transition to kindergarten program; amending RCW 28A.225.160, 43.216.085, and 43.216.655; adding new sections to chapter 28A.300 RCW; adding new sections to chapter 43.216 RCW; creating new sections; and providing expiration dates.

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

(2) The legislature recognizes that the early childhood education and assistance program, the state's preschool program, is expanding and will become an entitlement for eligible children in the year 2026. The fair start for kids act, enacted in 2021, is helping to expand access to more affordable, high quality child care; and early learning and federal early learning programs serve thousands of families across the state.

(3) However, the legislature finds that these early learning programs do not yet reach all families in need. As a result, there are children about to enter kindergarten who need an opportunity for high quality preschool in order to be successful kindergarten students in the following school year. The legislature recognizes that school districts, especially those in communities with early learning deserts, can and do reach children who need these opportunities. Some school districts and charter schools have attempted to address this gap by creating programs referred to as transitional kindergarten using allocations appropriated for the state's program of basic education. These extrastatutory programs are established by school districts and charter schools on an ad hoc basis and not all of the programs referred to as transitional kindergarten meet the high quality age-appropriate early learning standards that other state-funded early learning programs are required to meet.

(4) Therefore, the legislature intends to establish a transition to kindergarten program that meets early learning standards in lieu of transitional kindergarten programs and to help fill in gaps in access to high quality early learning for eligible children, especially in early learning deserts. School district transitional kindergarten programs in operation in 2023 will be converted to school district transition to kindergarten programs for eligible students, provided that the standards set forth in this act are met. The legislature intends to provide state funding, which is separate from and in addition to the state basic education allocation, for the transition to kindergarten program so that it can be offered at no charge to eligible students, and to prohibit the use of state basic education allocations for this program. The legislature further intends to clarify that these transition to kindergarten programs, which are offered at the school district's option, are not part of the state's required minimum instructional program of basic education and do not constitute enrollments for purposes of generating state basic education funding allocations. The legislature also intends to: Require that the early learning ecosystem work together; promote coordinated systems of comprehensive early learning services; maximize efficient use of state, federal, and local resources; and ensure that children and families get the early learning services they need in the most appropriate setting.

NEW SECTION.  Sec. 2. A new section is added to chapter 28A.300 RCW to read as follows:

(1) Establishment.

(a) The transition to kindergarten program is established to assist eligible children in need of additional preparation to be successful kindergarten students in the following school year. The program is not part of the state's instructional program of basic education under RCW 28A.150.220.

(b) The office of the superintendent of public instruction shall administer the program as required by this section.

(2) Authorizations and approvals. The office of the superintendent of public instruction may authorize school districts to offer a program, approve program sites at one or more of an authorized school district's schools, and cap eligible child enrollment for each authorized school district as required by this subsection (2).

(a) The office of the superintendent of public instruction must develop a process for school districts to apply to operate or expand a program. At a minimum, the application must:

(i) Specify the number of program sites the school district is applying for and the intended number of eligible children to be enrolled at each site;

(ii) Describe the screening process or other instruments that the school district will use to individually determine whether an eligible child has a developmental delay or otherwise needs additional preparation to be successful in kindergarten in the following school year. Eligible children who are on the waitlist for early childhood education and assistance program sites are not required to be screened; and

(iii) Outline the school district's plan for coordinated recruitment and enrollment with other early learning program providers, including its proposed memoranda of understanding.

(b)(i) In order to distribute high quality early learning programs across communities in an equitable and effective manner, the following activities must be coordinated with the department of children, youth, and families, in consideration of the items listed in (ii) of this subsection (2)(b): Authorization of school districts to offer a program; approval of program sites at one or more of an authorized school district's schools; and capping eligible child enrollment. In addition, the office of the superintendent of public instruction must limit the number of authorized school districts, approved program sites, and enrolled eligible children as required by the omnibus operating appropriations act.

(ii) The activities listed in (i) of this subsection (2)(b) must be made in consideration of: The existing availability of the early childhood education and assistance programs, head start programs, and licensed child care providers; planned expansion of early childhood education and assistance program sites and eligibility criteria; and the state-funded early childhood education and assistance program entitlement required in RCW 43.216.556.

(3) Operations. Authorized school districts operating a program must meet the requirements in this subsection (3).

(a) Authorized school districts must engage in a planning year before operating a program site, during which it must prepare for compliance with applicable rules.

(b) Authorized school districts may not charge tuition or other fees to state-funded eligible children for enrollment in a program.

(c) Authorized school districts must avoid adversely impacting enrollment in other high quality early learning programs by using a coordinated recruitment and enrollment plan to prioritize eligible children for enrollment in the program in the following order:

(i) Eligible children on the waitlist for, but not scheduled for enrollment in, an early childhood education and assistance program site; then

(ii) Eligible children who have been individually determined through a screening process or other instruments to have a developmental delay or otherwise need additional preparation to be successful in kindergarten in the following school year with priority to the eldest children and the children with the lowest household incomes.

(d) Authorized school districts must participate in the early achievers program established under RCW 43.216.085.

(e) Authorized school districts must require that program sites use developmentally appropriate curricula and implement the following elements in alignment with early childhood education and assistance program performance standards: Classroom environment; pedagogical approach; and safety measures.

(f) Each program classroom must be staffed with a teacher who holds a valid Washington teacher certificate and who either:

(i) Holds an early childhood education endorsement or an early childhood special education endorsement; or

(ii) Holds an elementary education endorsement and, within five years of initial assignment to the program, completes at least 30 college credits related to the state early childhood education core competencies established by the department of children, youth, and families.

(g) Authorized school districts are prohibited from establishing a policy of excluding an eligible child due only to the presence of a disability.

(h) Authorized school districts must work in collaboration with early learning partners to promote coordinated systems of comprehensive early childhood services.

(i) Nothing in this section prohibits authorized school districts from blending or colocating early learning programs, such as the program established under this section, the early childhood education and assistance program, the federal head start program, or private pay programs.

(4) Funding.

(a) The office of the superintendent of public instruction must distribute to authorized school districts an amount per eligible child enrolled in a program that is the greater of: (i) The estimated allocation per kindergarten student statewide generated by the distribution formula under RCW 28A.150.260 (4)(a), (5), (6), and (8), and the allocation under RCW 28A.150.415; or (ii) an amount as specified in the omnibus operating appropriations act. The office of the superintendent of public instruction must prorate the amount per eligible child to account for enrollment in a program that is less than a full school day or a full school year.

(b) The office of the superintendent of public instruction must submit to the legislature by each December 1st a report that includes the following data: (i) The number of state-funded eligible children enrolled in programs operated by authorized school districts in the current school year; and (ii) the estimated number of eligible children that authorized school districts intend to enroll in the following school year.

(5) Reapprovals and reauthorizations. The office of the superintendent of public instruction must establish processes to reapprove program sites and reauthorize school districts, periodically and, at a minimum, as required in the omnibus operating appropriations act. If an authorized school district or approved program site will be discontinued or otherwise not provided with state funding, the office of the superintendent of public instruction must provide the authorized school district with at least one year of notice.

(6) Resources. The office of the superintendent of public instruction must collaborate with the department of children, youth, and families to develop, and make publicly available, a model memorandum of understanding between authorized school districts and other early learning program providers. The model language must include a process for resolving local concerns between early learning program providers, including school districts.

(7) Rules. The office of the superintendent of public instruction shall adopt rules under chapter 34.05 RCW for the authorization of, the administration of, and the allocation of state funding for the transition to kindergarten program. Where applicable, the office of the superintendent of public instruction shall collaborate with the department of children, youth, and families in the development of the rules.

(8) Definitions. The definitions in this subsection apply throughout this section unless the context clearly requires otherwise.

(a) "Approved school district" means a school district approved by the office of the superintendent of public instruction to operate a program under this section.

(b) "Common school" has the same meaning as in RCW 28A.150.020.

(c) "Eligible child" means a child who turns five years old between September 1st of the year of admission to the program and the following August 31st, who does not have access to enroll in a federal or state program providing high quality early learning services, who has not participated in a formal early learning program, and who either:

(i) Is on the waitlist for, but not scheduled for enrollment in, an early childhood education and assistance program; or

(ii) Has been individually determined through a screening process or other instruments to have a developmental delay or otherwise needs additional preparation to be successful in kindergarten in the following school year.

(d) "Program" means the transition to kindergarten program established in this section.

(e) "Program site" means a school in an authorized school district that is approved by the office of the superintendent of public instruction to operate a program.

(2) Rules may not be adopted under section 2 of this act until the superintendent of public instruction has developed and commenced implementation of the conversion plan required by this section.

(3) This section expires June 30, 2026.

NEW SECTION.  Sec. 4. A new section is added to chapter 28A.300 RCW to read as follows:

(1) By October 1, 2023, school districts and charter schools that offered a program referred to as transitional kindergarten during the 2022-23 school year must submit a report to the office of the superintendent of public instruction describing the screening process or other instruments used to determine children's eligibility for the program.

(2) By August 31, 2024, school districts and charter schools must cease operation of programs referred to as transitional kindergarten and may no longer report transitional kindergarten students as kindergarten students for purposes of receiving basic education allocations under RCW 28A.150.250.

(3) As used in this section, "transitional kindergarten" means an extrastatutory instructional program, based on kindergarten standards rather than on developmentally appropriate early learning standards, established on an ad hoc basis for children below the age of five who do not have access to high quality early learning experiences prior to kindergarten, and who have been deemed by a school district or charter school, through a screening process or other instrument, to be in need of additional preparation to be successful in kindergarten the following year.

Sec. 5. RCW 28A.225.160 and 2009 c 380 s 3 are each amended to read as follows:

(1) Except as provided in subsection (2) of this section and otherwise provided by law, it is the general policy of the state that the common schools shall be open to the admission of all persons who are five years of age and less than ((twenty-one))21 years residing in that school district. Except as otherwise provided by law or rules adopted by the superintendent of public instruction, districts may establish uniform entry qualifications, including but not limited to birthdate requirements, for admission to kindergarten and first grade programs of the common schools. Such rules may provide for exceptions based upon the ability, or the need, or both, of an individual student. For the purpose of complying with any rule adopted by the superintendent of public instruction that authorizes a preadmission screening process as a prerequisite to granting exceptions to the uniform entry qualifications, a school district may collect fees to cover expenses incurred in the administration of any preadmission screening process: PROVIDED, That in so establishing such fee or fees, the district shall adopt rules for waiving and reducing such fees in the cases of those persons whose families, by reason of their low income, would have difficulty in paying the entire amount of such fees. Beginning with the 2024-25 school year, rules providing for exceptions to the uniform entry qualifications for kindergarten must limit early kindergarten admission to children deemed by the local educational service district, using multiple objective criteria, to be "likely to be successful in kindergarten."

(2) A student who meets the definition of a child of a military family in transition under Article II of RCW 28A.705.010 shall be permitted to continue enrollment at the grade level in the common schools commensurate with the grade level of the student when attending school in the sending state as defined in Article II of RCW 28A.705.010, regardless of age or birthdate requirements.

NEW SECTION.  Sec. 6. A new section is added to chapter 43.216 RCW to read as follows:

(1) The department of children, youth, and families shall:

(a) Partner with the office of the superintendent of public instruction to coordinate distribution of high quality early learning programs across communities as described in section 2(2)(b) of this act;

(b) Identify developmentally appropriate curricula for use in transition to kindergarten programs and publish the list on the department website; and

(c) Direct early learning providers to work in collaboration with school districts authorized to offer a transition to kindergarten program to promote coordinated systems of comprehensive early childhood services.

(2) As used in this section, "transition to kindergarten program" means the program established under section 2 of this act.

NEW SECTION.  Sec. 7. A new section is added to chapter 43.216 RCW to read as follows:

The department must implement, in partnership with the office of the superintendent of public instruction, a data system that uses a single student identifier across all state-funded early learning, elementary, and secondary education programs. The state-funded early learning programs must be required to collect and submit to the data system race and ethnicity data as described in RCW 28A.300.042(1).

NEW SECTION.  Sec. 8. A new section is added to chapter 28A.300 RCW to read as follows:

The office of the superintendent of public instruction must partner with the department of children, youth, and families to implement the data system as required under section 7 of this act.

(2) This section expires August 30, 2025.

NEW SECTION.  Sec. 10. A new section is added to chapter 43.216 RCW to read as follows:

(1) A school district offering a transition to kindergarten program under section 2 of this act must complete the following activities to be eligible for state funding under section 2 of this act:

(a) Enroll in the early achievers program within 30 days of being authorized by the office of the superintendent of public instruction to offer a transition to kindergarten program;

(b) Complete level 2 activities in the early achievers program within 12 months of enrollment; and

(c) Rate or request to be rated at a level 3 or higher in the early achievers program within 30 months of enrollment. If a school district offering a transition to kindergarten program under section 2 of this act does not rate or request to be rated at a level 3 within 30 months from enrollment into the early achievers program, the school district must complete remedial activities with the department, and rate or request to be rated at a level 3 or higher within 12 months of beginning remedial activities.

(2) If a school district offering a transition to kindergarten program under section 2 of this act does not rate or request to be rated at a level 3 or higher following the remedial period, the school district is no longer eligible for state funding under section 2 of this act. If a school district offering a transition to kindergarten program under section 2 of this act does not rate at a level 3 or higher when the rating is released following the remedial period, the school district is no longer eligible for state funding under section 2 of this act.

(3) If a school district offering a transition to kindergarten program under section 2 of this act and receiving state funding under section 2 of this act has successfully completed all level 2 activities and is waiting to be rated by the deadline provided in this section, the school district may continue to receive state funding under section 2 of this act pending the successful completion of the level 3 rating activity.

Sec. 11. RCW 43.216.085 and 2021 c 304 s 6 are each amended to read as follows:

(1) The department, in collaboration with tribal governments and community and statewide partners, shall implement a quality rating and improvement system, called the early achievers program. The early achievers program provides a foundation of quality for the early care and education system. The early achievers program is applicable to licensed or certified child care centers, family home child care, outdoor nature-based child care, and early learning programs such as working connections child care ((and)), early childhood education and assistance programs, and transition to kindergarten programs established under section 2 of this act.

(2) The objectives of the early achievers program are to:

(a) Improve short-term and long-term educational outcomes for children as measured by assessments including, but not limited to, the Washington kindergarten inventory of developing skills in RCW 28A.655.080;

(b) Give parents clear and easily accessible information about the quality of child care and early education programs;

(c) Support improvement in early learning and child care programs throughout the state;

(d) Increase the readiness of children for school;

(e) Close the disparities in access to quality care;

(f) Provide professional development and coaching opportunities to early child care and education providers; and

(g) Establish a common set of expectations and standards that define, measure, and improve the quality of early learning and child care settings.

(3)(a) Licensed or certified child care centers, family home child care, and outdoor nature-based child care, serving nonschool-age children and receiving state subsidy payments, must participate in the early achievers program by the required deadlines established in RCW 43.216.135.

(b) Approved early childhood education and assistance program providers receiving state-funded support must participate in the early achievers program by the required deadlines established in RCW 43.216.515.

(c) School districts authorized to provide a transition to kindergarten program under section 2 of this act must participate in the early achievers program by the required deadlines established in section 10 of this act.

(d) Participation in the early achievers program is voluntary for:

(i) Licensed or certified child care centers, family home child care, and outdoor nature-based child care, not receiving state subsidy payments; and

(ii) Early learning programs not receiving state funds.

(((d)))(e) School-age child care providers are exempt from participating in the early achievers program. By July 1, 2017, the department and the office of the superintendent of public instruction shall jointly design a plan to incorporate school-age child care providers into the early achievers program or other appropriate quality improvement system. To test implementation of the early achievers system for school-age child care providers the department and the office of the superintendent of public instruction shall implement a pilot program.

(4)(a) There are five primary levels in the early achievers program.

(b) In addition to the primary levels, the department must establish an intermediate level that is between level 3 and level 4 and serves to assist participants in transitioning to level 4.

(c) Participants are expected to actively engage and continually advance within the program.

(5) The department has the authority to determine the rating cycle for the early achievers program. The department shall streamline and eliminate duplication between early achievers standards and state child care rules in order to reduce costs associated with the early achievers rating cycle and child care licensing.

(a) Early achievers program participants may request to be rated at any time after the completion of all level 2 activities.

(b) The department shall provide an early achievers program participant an update on the participant's progress toward completing level 2 activities after the participant has been enrolled in the early achievers program for fifteen months.

(c) The first rating is free for early achievers program participants.

(d) Each subsequent rating within the established rating cycle is free for early achievers program participants.

(6)(a) Early achievers program participants may request to be rerated outside the established rating cycle. A rerating shall reset the rating cycle timeline for participants.

(b) The department may charge a fee for optional rerating requests made by program participants that are outside the established rating cycle.

(c) Fees charged are based on, but may not exceed, the cost to the department for activities associated with the early achievers program.

(7)(a) The department must create a single source of information for parents and caregivers to access details on a provider's early achievers program rating level, licensing history, and other indicators of quality and safety that will help parents and caregivers make informed choices. The licensing history that the department must provide for parents and caregivers pursuant to this subsection shall only include license suspension, surrender, revocation, denial, stayed suspension, or reinstatement. No unfounded child abuse or neglect reports may be provided to parents and caregivers pursuant to this subsection.

(b) The department shall publish to the department's website, or offer a link on its website to, the following information:

(i) Early achievers program rating levels 1 through 5 for all child care programs that receive state subsidy, early childhood education and assistance programs, transition to kindergarten programs established under section 2 of this act, and federal head start programs in Washington; and

(ii) New early achievers program ratings within thirty days after a program becomes licensed or certified, or receives a rating.

(c) The early achievers program rating levels shall be published in a manner that is easily accessible to parents and caregivers and takes into account the linguistic needs of parents and caregivers.

(d) The department must publish early achievers program rating levels for child care programs that do not receive state subsidy but have voluntarily joined the early achievers program.

(e) Early achievers program participants who have published rating levels on the department's website or on a link on the department's website may include a brief description of their program, contingent upon the review and approval by the department, as determined by established marketing standards.

(8)(a) The department shall create a professional development pathway for early achievers program participants to obtain a high school diploma or equivalency or higher education credential in early childhood education, early childhood studies, child development, or an academic field related to early care and education.

(b) The professional development pathway must include opportunities for scholarships and grants to assist early achievers program participants with the costs associated with obtaining an educational degree.

(c) The department shall address cultural and linguistic diversity when developing the professional development pathway.

(9) The early achievers quality improvement awards shall be reserved for participants offering programs to an enrollment population consisting of at least five percent of children receiving a state subsidy.

(10) In collaboration with tribal governments, community and statewide partners, and the early achievers review subcommittee created in RCW 43.216.075, the department shall develop a protocol for granting early achievers program participants an extension in meeting rating level requirement timelines outlined for the working connections child care program and the early childhood education and assistance program.

(a) The department may grant extensions only under exceptional circumstances, such as when early achievers program participants experience an unexpected life circumstance.

(b) Extensions shall not exceed six months, and early achievers program participants are only eligible for one extension in meeting rating level requirement timelines.

(c) Extensions may only be granted to early achievers program participants who have demonstrated engagement in the early achievers program.

(11)(a) The department shall accept national accreditation that meets the requirements of this subsection (11) as a qualification for the early achievers program ratings.

(b) Each national accreditation agency will be allowed to submit its most current standards of accreditation to establish potential credit earned in the early achievers program. The department shall grant credit to accreditation bodies that can demonstrate that their standards meet or exceed the current early achievers program standards. By December 1, 2019, and subject to the availability of amounts appropriated for this specific purpose, the department must submit a detailed plan to the governor and the legislature to implement a robust cross-accreditation process with multiple pathways that allows a provider to earn equivalent early achievers credit resulting from accreditation by high quality national organizations.

(c) Licensed child care centers, child care home providers, and outdoor nature-based child care must meet national accreditation standards approved by the department for the early achievers program in order to be granted credit for the early achievers program standards. Eligibility for the early achievers program is not subject to bargaining, mediation, or interest arbitration under RCW 41.56.028, consistent with the legislative reservation of rights under RCW 41.56.028(4)(d).

(12) The department shall explore the use of alternative quality assessment tools that meet the culturally specific needs of the federally recognized tribes in the state of Washington.

(13) A child care or early learning program that is operated by a federally recognized tribe and receives state funds shall participate in the early achievers program. The tribe may choose to participate through an interlocal agreement between the tribe and the department. The interlocal agreement must reflect the government-to-government relationship between the state and the tribe, including recognition of tribal sovereignty. The interlocal agreement must provide that:

(a) Tribal child care facilities and early learning programs may volunteer, but are not required, to be licensed by the department;

(b) Tribal child care facilities and early learning programs are not required to have their early achievers program rating level published to the department's website or through a link on the department's website; and

(c) Tribal child care facilities and early learning programs must provide notification to parents or guardians who apply for or have been admitted into their program that early achievers program rating level information is available and provide the parents or guardians with the program's early achievers program rating level upon request.

(14) The department shall consult with the early achievers review subcommittee on all substantial policy changes to the early achievers program.

(15) Nothing in this section changes the department'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 under RCW 41.56.028(4)(d).

Sec. 12. RCW 43.216.655 and 2019 c 369 s 7 are each amended to read as follows:

(1) The education data center established in RCW 43.41.400 must collect longitudinal, student-level data on all children attending an early childhood education and assistance program. Upon completion of an electronic time and attendance record system, the education data center must collect longitudinal, student-level data on all children attending a working connections child care program. Beginning September 1, 2024, the education data center must collect longitudinal, student-level data on all children attending a transition to kindergarten program under section 2 of this act. Data collected should capture at a minimum the following characteristics:

(a) Daily program attendance;

(b) Identification of classroom and teacher;

(c) Early achievers program quality level rating;

(d) Program hours;

(e) Program duration;

(f) Developmental results from the Washington kindergarten inventory of developing skills in RCW 28A.655.080; and

(g) To the extent data is available, the distinct ethnic categories within racial subgroups of children and providers that align with categories recognized by the education data center.

(2) The department shall provide early learning providers student-level data collected pursuant to this section that are specific to the early learning provider's program. Upon completion of an electronic time and attendance record system identified in subsection (1) of this section, the department shall provide child care providers student-level data that are specific to the child care provider's program.

(3) The department shall review available research and best practices literature on cultural competency in early learning settings. The department shall review the K-12 components for cultural competency developed by the professional educator standards board and identify components appropriate for early learning professional development.

(4)(a) The Washington state institute for public policy shall conduct a longitudinal analysis examining relationships between the early achievers program quality ratings levels and outcomes for children participating in subsidized early care and education programs.

(b) The institute shall submit the first report to the appropriate committees of the legislature and the early learning advisory council by December 31, 2019. The institute shall submit subsequent reports annually to the appropriate committees of the legislature and the early learning advisory council by December 31st, with the final report due December 31, 2022. The final report shall include a cost-benefit analysis.

(5) By December 31, 2021, and subject to the availability of amounts appropriated for this specific purpose, the Washington state institute for public policy shall update the outcome evaluation of the early childhood education and assistance program required by chapter 16, Laws of 2013 and report to the governor and the legislature on the outcomes of program participants. The evaluation must include the demographics of program participants including race, ethnicity, and socioeconomic status. The evaluation must examine short and long-term impacts on program participants, including high school graduation rates for up to two cohorts. When conducting the evaluation, the institute must consider, to the extent that data is available, the education levels and demographics, including race, ethnicity, and socioeconomic status, of early childhood education and assistance program staff and the effects of full-day programming and half-day programming on outcomes.

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