Licensure by the Department of Children, Youth, and Families.
It is unlawful for any entity designated as an "agency" to receive children for supervision or care, or arrange for their placement in foster care or with adoptive families, unless licensed by the Department of Children, Youth, and Families (DCYF). Agencies include child care businesses, placing agencies, foster homes, group care facilities, resource and assessment centers, and numerous other types of entities.
Licensure rules designate requirements appropriate to the ages and other characteristics of persons served and services offered, as well as requirements for suitability of facilities and operations, background checks, staffing, safety and provision of necessary care, and record keeping, among other requirements. The DCYF may take enforcement action against agencies that are noncompliant with licensing requirements. Enforcement action may include denial, suspension, revocation, or modification of a license when an agency has failed or refused to comply with licensing requirements, or assessment of monetary penalties for noncompliance with requirements or for operating without a license.
Licensing of Residential Private Schools by the Department of Children, Youth, and Families.
A private school is a nonpublic school that conducts a program of education and related activities for any portion of kindergarten through grade 12. Private schools are approved annually by the State Board of Education (SBE). Approval indicates that the school has met the minimum requirements to ensure the health and safety of students, and that the school offers a sufficient program of basic education to meet usual graduation requirements. Additionally, the SBE must accredit private schools that apply for accreditation pursuant to standards and procedures established by the SBE. Schools are not required to be accredited, but may voluntarily seek accreditation by demonstrating to an external accrediting organization that the school has achieved certain quality standards.
Pursuant to legislation enacted in 2023, beginning July 1, 2025, residential private schools are considered "agencies" subject to the DCYF licensure provisions, and the DCYF must license the living accommodations provided by residential private schools. Residential private schools are defined to include nonpublic schools or nonpublic school districts subject to the SBE that provide sleeping and living facilities or residential accommodations to enrolled students.
Under the enacted legislation, the DCYF must engage in negotiated rulemaking with the SBE and other affected interests to adopt minimum health and safety rules to implement the licensing requirement. The rules must address the needs of children and youth during noninstructional hours, including, but not limited to, allotted sleeping space for each child, developmentally appropriate privacy requirements, personal storage, nutritional needs, cleanliness and hygiene of living quarters, social-emotional well-being during noninstructional hours, health and wellness accommodations, compliance with the Americans with Disabilities Act, and physical safety.
A residential private school is exempt from the upcoming DCYF licensing requirements if accredited by an accrediting body approved by the SBE in accordance with the SBE's accreditation standards and procedures, and the accreditation covers the student living accommodations.
The DCYF must submit to the Legislature by July 1, 2025, a preliminary progress report on licensing and oversight of residential private schools. A final report is due no later than July 1, 2026.
The requirement that the Department of Children, Youth, and Families (DCYF) must license the living accommodations of residential private schools is delayed by one year, to July 1, 2026. The due dates of the DCYF preliminary progress report and final report on the licensing and oversight of residential private schools are delayed to July 1, 2026, and July 1, 2027, respectively.
(In support) This bill extends the Department of Children, Youth, and Families licensing deadline for residential private schools for a year to accommodate the associated rulemaking process, which is taking a little longer than expected. Having an extension will improve the outcome dramatically.
(Opposed) None.
Senator Leonard Christian, prime sponsor; and Suzie Hanson, WA Federation of Independent Schools.