NEW SECTION. Sec. 1. The legislature intends to support eligible four year old children who either need additional preparation for kindergarten or who are living in extreme child care access deserts and, despite qualifying, do not have access to state or federal early learning or child care programs by establishing a state transition to kindergarten policy that supports students, families, and communities.

In 2023, the legislature attempted to manage an exception to the uniform entry qualifications for kindergarten that had been turned into a basic education program referred to as the transitional kindergarten program by: Continuing and renaming the program as the transition to kindergarten program; using nonbasic education allocations to fund the program; and directing the office of the superintendent of public instruction to adopt rules for school districts, charter schools, and state-tribal education compact schools operating a program.

The legislature now finds that the public policy interest of supporting a thriving early learning ecosystem requires the state to reestablish a policy of individual exceptions to early enrollment in the public school system. The legislature intends for the reestablished state transition to kindergarten policy to strengthen coordination between early learning and child care programs by directing closer collaboration between the office of the superintendent of public instruction and the department of children, youth, and families. The legislature recognizes that, to prevent disruption of regional child care and early learning systems, the state transition to kindergarten policy must include additional collaboration between operators and proposed operators of the state transition to kindergarten policy and other early learning and child care programs. The legislature intends for the increased agency oversight and modified requirements on operators enrolling children under the state transition to kindergarten policy to minimize adverse impacts on nonpublic school early learning and child care programs.

(1) ((The intent of the legislature is to continue and rename transitional kindergarten as the transition to kindergarten program and that the 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))(a) The state transition to kindergarten policy supports children, families, and communities by providing high quality early learning within the public school system to four year old children who either: Need additional preparation for kindergarten; or are living in extreme child care access deserts and, despite qualifying, do not have access to the early childhood education and assistance program, the federal head start program, or the working connections child care program. Eligible children enrolled in the public school system under the state transition to kindergarten ((program is not part of))policy are not participating in the state's statutory program of basic education under RCW 28A.150.200.

(((2)(a)))(b) The office of the superintendent of public instruction shall ((administer the transition to kindergarten program and shall)) adopt rules under chapter 34.05 RCW for the administration of, the allocation of state funding for, and minimum standards and requirements for the implementation of the state transition to kindergarten ((program. Initial rules, which include expectations for school districts, charter schools as allowed by subsection (7) of this section, and state-tribal education compact schools transitioning existing programs to the new requirements established in this section 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))policy.

(c) The office of the superintendent of public instruction shall, in collaboration with the department of children, youth, and families, and in accordance with the omnibus operating appropriations act, regulate the enrollment of eligible children under the state transition to kindergarten policy. To support the equitable and effective distribution of high quality early learning programs statewide, the office of the superintendent of public instruction, when regulating enrollment under this subsection (1)(c), shall: (i) Limit the number of sites approved to enroll eligible children under the state transition to kindergarten policy; (ii) distribute approved sites across the state, prioritizing areas classified as extreme child care access deserts; and (iii) restrict the number of state-funded eligible children permitted to enroll at each approved site.

(d) The office of the superintendent of public instruction shall implement a process for school districts, charter schools, and state-tribal education compact schools to request advance approval to enroll state-funded eligible children under the state transition to kindergarten policy. At a minimum, the application must include:

(i) The number of sites for which approval to enroll eligible children under the state transition to kindergarten policy is sought, along with the projected number of state-funded eligible children to be enrolled at each site;

(v) A verification from a statewide child care resource and referral organization that the applicant has worked in collaboration with and does not adversely impact enrollment in regional early learning and child care programs, such as early childhood education and assistance programs, federal head start programs, licensed child care centers, and licensed family homes.

(2)(a) Before the start of each school year, beginning with the 2025-26 school year, any school district, charter school, or state-tribal education compact school seeking state funding as outlined in subsection (6) of this section for enrolling eligible children under the state transition to kindergarten policy shall, before enrolling such children, obtain approval from the office of the superintendent of public instruction through the application process required by subsection (1)(d) of this section.

(b) School districts, charter schools ((as allowed by subsection (7) of this section)), and state-tribal education compact schools ((operating a))approved to enroll eligible children under the state transition to kindergarten ((program))policy shall adopt local policies regarding eligibility, recruitment, and enrollment ((for this program)) that, at a minimum, meet the requirements of subsection (3) of this section.

(3) The rules adopted under subsection (((2)))(1) of this section must include, at a minimum, the following requirements for school districts, charter schools ((as allowed by subsection (7) of this section)), and state-tribal education compact schools ((operating a))approved to enroll eligible children under the state transition to kindergarten ((program))policy:

(ii) A requirement, as practicable, for school districts, charter schools ((as allowed by subsection (7) of this section)), and state-tribal education compact schools to prioritize enrollment to the children of families with the lowest incomes and the children most in need for additional preparation to be successful in kindergarten ((when enrolling eligible children in a transition to kindergarten program;

(b) Except for children who have been excused from participation by their parents or legal guardians, a requirement that the Washington kindergarten inventory of developing skills as established by RCW 28A.655.080 be administered to all eligible children enrolled ((in a))under the state transition to kindergarten ((program))policy at the beginning of the child's enrollment ((in the program)) and at least one more time during the school year((.));

(c) A requirement that all eligible children enrolled ((in a))under the state transition to kindergarten ((program))policy be assigned a statewide student identifier and that the ((transition to kindergarten program))eligible children's assigned class or course be considered a separate class or course for the purposes of data reporting requirements in RCW 28A.320.175((.));

(d) A requirement that a local child care and early learning needs assessment is conducted before ((beginning or expanding a transition to kindergarten program that considers the existing))completing the application process required by subsection (1)(d) of this section. The needs assessment must consider the 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 or ((any)) other appropriate sources may be used to inform the needs assessment required by this subsection((.));

(e)(i) A requirement that school districts, charter schools ((as allowed by subsection (7) of this section)), and state-tribal education compact schools adhere to guidelines, as developed by the office of the superintendent of public instruction, related to:

(ii) The office of the superintendent of public instruction must ((develop a process for conducting))conduct site visits of ((any)) school districts, charter schools((as allowed by subsection (7) of this section, or)), and state-tribal education compact schools((operating a))approved to enroll eligible children under the state transition to kindergarten ((program))policy and provide feedback on elements listed in this subsection (3)(e)((.));

(4)(a) The office of the superintendent of public instruction, in collaboration with the department of children, youth, and families, shall develop statewide, coordinated eligibility, recruitment, enrollment, and selection best practices and provide technical assistance to ((those implementing a))school districts, charter schools, and state-tribal education compact schools, exploring the enrollment of eligible children under the state transition to kindergarten ((program to support))policy by supporting connections with local early learning providers.

(b) School districts, charter schools ((as allowed by subsection (7) of this section)), and state-tribal education compact schools must consider the best practices developed under this subsection (4) when adopting the local policies required under subsection (2)(b) of this section.

(5) Nothing in this section prohibits school districts, charter schools ((as allowed by subsection (7) of this section)), and state-tribal education compact schools from blending or colocating ((a))eligible children enrolled under the state transition to kindergarten ((program with other))policy with children enrolled in early learning programs.

(i) The distribution formula established under RCW 28A.150.260 (4)(a), (5), (6), (8), and (10)(a) and (b), calculated using the actual number of annual average full-time equivalent eligible children enrolled ((in the program))under the state transition to kindergarten policy. A transition to kindergarten child must be counted as a kindergarten student for purposes of the funding calculations referenced in this subsection, but must be reported separately.

(b) ((Funding provided for the transition to kindergarten program is not part of the state's statutory program of basic education under RCW 28A.150.200 and must be expended only for the support of operating a transition to kindergarten program.

(7) Charter schools authorized under RCW 28A.710.080(2) are immediately permitted to operate a transition to kindergarten program under this section. Beginning with the 2025-26 school year, any charter school authorized under RCW 28A.710.080 (1) or (2) is permitted to operate a transition to kindergarten program under this section))Beginning in the 2025-26 school year, the statewide annual average full-time equivalent eligible children enrollment funding as outlined in (a) of this subsection may not exceed the statewide annual average full-time equivalent eligible children enrolled during the 2023-24 school year.

(7) Access to a class or course offered by a school district, charter school, or state-tribal education compact school through enrollment under the state transition to kindergarten policy does not constitute an individual entitlement for eligible children.

(b) "Eligible children" means children who are at least four years old by August 31st of the school year they enroll in school under the state transition to kindergarten policy and who either: (i) Have been determined to benefit from additional preparation for kindergarten using an appropriate screening process or tool; or (ii) qualify for enrollment in, but do not have access to, the early childhood education and assistance program, the federal head start program, or the working connections child care program, due to living in an extreme child care access desert;

(d) "Extreme unmet need locale" means a cluster of contiguous locations where the unmet need levels are high relative to unmet need levels in other neighborhoods statewide, and where these high neighborhood unmet need levels are highly correlated amongst contiguous neighborhoods in the cluster;

(e) "Highly constrained supply locale" means a cluster of contiguous neighborhoods where the level of supply constraint is high relative to constraint levels in other neighborhoods statewide, and where these high neighborhood levels of constrained supply are highly correlated amongst contiguous neighborhoods in the cluster;