FINAL BILL REPORT
ESSB 5752
C 412 L 25
Synopsis as Enacted
Brief Description: Modifying child care and early childhood development programs.
Sponsors: Senate Committee on Ways & Means (originally sponsored by Senators Wilson, C., Robinson and Dhingra).
Senate Committee on Ways & Means
House Committee on Early Learning & Human Services
House Committee on Appropriations
Background:

Early Childhood Education and Assistance Program.  The Early Childhood Education and Assistance Program (ECEAP) is a voluntary preschool and family support program administered by the Department of Children, Youth, and Families (DCYF). Children are eligible for ECEAP when they are between the ages of three and five, and are from families with incomes at or below 110 percent of the federal poverty level (FPL). Families may also be eligible under certain other criteria, including children eligible for special education due to a disability, and certain other risk factors.

 

ECEAP becomes an entitlement for eligible children beginning in the 2026-27 school year.

 

Beginning July 1, 2026, an eligible child means a three to five-year-old child who is not age-eligible for kindergarten, is not a participant in a federal or state program providing comprehensive services, and who:

  • has a family with financial need;
  • is experiencing homelessness;
  • has participated in Early Head Start, the Early Support for Infants and Toddlers Program or received class C developmental services, the Birth to Three Early Childhood Education and Assistance Program, or the Early Childhood Intervention and Prevention Services Program;
  • is eligible for special education due to disability;
  • is Indian and is at or below 100 percent of state median income (SMI) adjusted for family size; or
  • meets criteria under rules adopted by DCYF if the number of such children equals not more than ten percent of the total enrollment.

 

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 within resources available under the federal Preschool Development Grant.  To be eligible, a child's family income must be at or below 130 percent of the FPL.  The Birth-to-Three ECEAP Pilot Project must be delivered through licensed child care providers.

 

Beginning July 1, 2026, Birth-to-Three ECEAP expands eligibility to families with a household income at or below 50 percent of SMI, subject to appropriations.

 

Subsidized Child Care. The Working Connections Child Care (WCCC) Program is a federally and state-funded program that provides subsidies for child care to families with incomes at or below 60 percent of SMI, or meet certain categorical eligibility criteria. The state pays the cost of child care, minus the family's copayment amount, when a parent is working or participating in approved work-related activities.

 

Working Connections Child Care Income Expansion. Beginning July 1, 2025, a family is eligible for the WCCC Program benefits when the household's annual income is above 60 percent and at or below 75 percent of SMI. Beginning July 1, 2027, subject to appropriations, a family is eligible if the household's annual income is up to 85 percent of SMI. 

 

Child Care Employees. A family is eligible for the WCCC Program when the household's annual income is at or below 85 percent of SMI and:

  • the child is younger than 13, or younger than 19 with a special need;
  • the applicant or consumer is employed in a licensed child care center or family home provider; and
  • the household meets all other WCCC Program eligibility requirements. 

 

DCYF must waive the copayment to the extent allowable under federal law.

 

State Registered Apprenticeships.  A person is eligible to receive WCCC Program benefits for the first 12 months of the person's enrollment in a state registered apprenticeship when:

  • the person has a household income that does not exceed 75 percent of SMI at the time of application;
  • the child receiving care is younger than 13 years old, or is younger than 19 years old and has a verified special need or is under court supervision; and
  • the household meets all other WCCC Program eligibility requirements.

 

Subject to appropriations, DCYF may not require an applicant or consumer to meet work requirements as a condition of receiving the WCCC Program benefits when the recipient is registered in a state registered apprenticeship program.

 

Copayments. Depending on income, eligible families may be required to pay a copayment to their provider. The following copayment amounts are established in statute:

  • $0 for households at or below 20 percent of SMI;
  • $65 for households at or below 36 percent of SMI;
  • $90 for households at or below 50 percent of SMI;
  • $165 for households at or below 60 percent of SMI; and
  • $215 for households above 60 percent of SMI.

 

12-Month Authorization. The federal Child Care and Development Fund (CCDF) Block Grant provides funding to support WCCC. As a condition of receiving this federal funding, CCDF rules require states to provide a minimum 12-month child care subsidy eligibility period to eligible families. Washington State law allows for a household's 12-month authorization period to begin on the date that child care is expected to begin. If a newly eligible household does not begin care within 12 months of being determined eligible, the household must reapply in order to qualify for the subsidy.

 

Provider Reimbursement.  For a child approved for a subsidy, child care providers are required to track daily attendance and report to DCYF. Reimbursement to the provider is authorized if the child attended at least one day during the month of service. Providers are therefore reimbursed retroactively and payment occurs in the month following the month of service.

 

Provider Supports.  Infant and Early Childhood Mental Health Consultation. 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. DCYF must determine, in collaboration with the statewide child care resource and referral network, where the additional consultants should be sited based on factors such as the total provider numbers overlaid with indicators of highest need. 

 

Trauma-Informed Care Supports. DCYF must provide supports to aid eligible providers in providing trauma-informed care. Supports may be used by eligible providers for certain purposes including additional compensation for individuals with specialty credentials, professional development and training, screening tools and assessment materials, supportive services, and other related expenses. 

 

Dual Language Rate Enhancements. 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. 

 

Market Rate Survey.  The federal CCDF Block Grant provides funding to support WCCC. As a condition of receiving this federal funding, CCDF rules require states to conduct a statistically valid and reliable survey of the market rates for child care services, or an alternative methodology, such as a cost estimation model that has been approved by the Administration for Children and Families within the U.S. Department of Health and Human Services every three years. State lead agencies must ensure that the market rate survey or an alternative methodology reflects variations by geographic location, category of provider, and age of child. They must set payment rates for child care subsidies based on the most recent market rate survey or alternative methodology.

Summary:

Early Childhood Education and Assistance Program. The ECEAP entitlement is delayed from the 2026-27 school year to the 2030-31 school year.

 

The expanded definition of eligible child and the expanded enrollment provisions for ECEAP take effect July 1, 2025, instead of July 1, 2026.

 

A child who is a member of an assistance unit that is eligible for or is receiving basic food benefits is removed from the definition of eligible child for ECEAP and expanded enrollment provisions.

 

Birth-to-Three Early Childhood Education and Assistance Program.  The Birth-to-Three ECEAP Program is subject to appropriations and enrollment as space is available.

 

Subsidized Child Care. Working Connections Child Care Eligibility Expansion. The WCCC income eligibility expansion from 60 to 75 percent of SMI is delayed from July 1, 2025, to July 1, 2029.

 

The WCCC income eligibility expansion from 75 to 85 percent of SMI, which is subject to appropriations, is delayed from July 1, 2027, to July 1, 2031.

 

Child Care Employees. The eligibility expansion for child care employees is repealed.

 

State Registered Apprenticeships. The eligibility expansion for state registered apprenticeships is repealed. The waiver of work requirements for state registered apprenticeships is also repealed.

 

Copayments. Beginning October 1, 2026, for new applicants and reapplicants, copayment amounts are modified to the following schedule:

 

 

 

 

 

 

 

 

 

 

 If the household's income is: Then the household's base monthly copayment is:
below 25 percent of the SMI$0
at or above 25 percent and below 35 percent of the SMI25 percent of the SMI for a household of two, multiplied by 5 percent
at or above 35 percent and below 45 percent of the SMI35 percent of the SMI for a household of two, multiplied by 5.5 percent
at or above 45 percent and below 55 percent of the SMI45 percent of the SMI for a household of two, multiplied by 6 percent
at or above 55 percent of the SMI55 percent of the SMI for a household of two, multiplied by 6.5 percent

 

12-Month Authorization. A household's 12-month authorization begins at the time of eligibility determination, as opposed to when child care is expected to begin.

 

Provider Reimbursement.  DCYF must adopt a rule that requires prospective payment to child care providers who accept child care subsidies to occur when child care is expected to begin, and another rule that prohibits child care providers from claiming a prospective payment when a child has not attended at least one day within the authorization period in the previous month.

 

Provider Supports. The following provider supports are subject to appropriations:

  • infant and early childhood mental health consultation;
  • trauma-informed care supports; and
  • dual language rate enhancements.

 

The changes to trauma-informed care supports and dual language rate enhancement 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. 

 

Market Rate Survey.  DCYF must publish a cost of quality child care and market rate study and submit the study to the relevant committees of the Legislature by June 1st of every even-numbered year.

 

School-Age-Only Child Care Pilot.  DCYF must partner with a school district and a metropolitan park district to conduct a pilot to increase access to school-age-only child care programs. Among other requirements, the pilot must explore processes and system changes to decrease the administrative, regulatory, and financial burdens on school-age-only child care providers operating in public school buildings. A report is due by July 1, 2028.

Votes on Final Passage:
Final Passage Votes
Senate3216 
House8710(House amended)
House8611(House reconsidered)
Senate3414(Senate concurred)
Effective:

July 1, 2025

July 1, 2026 (Section 4)

August 1, 2030 (Section 2)