SENATE BILL 5769
State of Washington | 69th Legislature | 2025 Regular Session |
BySenators Wellman, C. Wilson, and Nobles
Read first time 02/21/25.Referred to Committee on Ways & Means.
AN ACT Relating to transition to kindergarten programs; amending RCW
28A.300.072; and reenacting and amending RCW
43.88C.010.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
Sec. 1. RCW
28A.300.072 and 2023 c 420 s 1 are each amended to read as follows:
(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 transition to kindergarten program is not part of the state's statutory program of basic education under RCW
28A.150.200.
(2)(a) 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 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))
in accordance with this section.
(b) School districts, charter schools as allowed by subsection (7) of this section, and state-tribal education compact schools operating a transition to kindergarten program shall adopt 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) 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 transition to kindergarten program:
(a)(i) A limitation on program enrollment to eligible children. Eligible children include only those who:
(A) Have been determined to benefit from additional preparation for kindergarten; and
(B) Are at least four years old by August 31st of the school year they enroll in the transition to kindergarten program;
(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 families with the lowest incomes and children most in need for additional preparation to be successful in kindergarten when enrolling eligible children in a transition to kindergarten program;
(iii) Access to the transition to kindergarten program does not constitute an individual entitlement for any particular child.
(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 transition to kindergarten program 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 transition to kindergarten program be assigned a statewide student identifier and that the transition to kindergarten program 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 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:
(A) Best practices for site readiness of facilities that are used for the program;
(B) Developmentally appropriate curricula designed to assist in maintaining high quality programs; and
(C) Professional development opportunities.
(ii) The office of the superintendent of public instruction must develop a process for conducting site visits of any school district, charter school as allowed by subsection (7) of this section, or state-tribal education compact school operating a transition to kindergarten program and provide feedback on elements listed in this subsection (3)(e).
(f) A prohibition on charging tuition or other fees to state-funded eligible children for enrollment in a transition to kindergarten program.
(g) A prohibition on establishing a policy of excluding an eligible child due only to the presence of a disability.
(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 transition to kindergarten program to support 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 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 transition to kindergarten program with other early learning programs.
(6)(a) Funding for the transition to kindergarten program must be based on the following:
(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. 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.
(ii) The distribution formula developed in RCW
28A.160.150 through
28A.160.192, calculated using reported ridership for eligible children enrolled in the program.
(b) Beginning in the 2025-26 school year, the annual average full-time equivalent eligible children enrolled in the program funded in (a) of this subsection may not exceed the state-funded annual average full-time equivalent children enrolled in the program in the 2024-25 school year as specified in the omnibus appropriations act.
(c) 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.
Sec. 2. RCW
43.88C.010 and 2023 c 420 s 4, 2023 c 345 s 1, and 2023 c 244 s 1 are each reenacted and amended to read as follows:
(1) The caseload forecast council is hereby created. The council shall consist of two individuals appointed by the governor and four individuals, one of whom is appointed by the chairperson of each of the two largest political caucuses in the senate and house of representatives. The chair of the council shall be selected from among the four caucus appointees. The council may select such other officers as the members deem necessary.
(2) The council shall employ a caseload forecast supervisor to supervise the preparation of all caseload forecasts. As used in this chapter, "supervisor" means the caseload forecast supervisor.
(3) Approval by an affirmative vote of at least five members of the council is required for any decisions regarding employment of the supervisor. Employment of the supervisor shall terminate after each term of three years. At the end of the first year of each three-year term the council shall consider extension of the supervisor's term by one year. The council may fix the compensation of the supervisor. The supervisor shall employ staff sufficient to accomplish the purposes of this section.
(4) The caseload forecast council shall oversee the preparation of and approve, by an affirmative vote of at least four members, the official state caseload forecasts prepared under RCW
43.88C.020. If the council is unable to approve a forecast before a date required in RCW
43.88C.020, the supervisor shall submit the forecast without approval and the forecast shall have the same effect as if approved by the council.
(5) A councilmember who does not cast an affirmative vote for approval of the official caseload forecast may request, and the supervisor shall provide, an alternative forecast based on assumptions specified by the member.
(6) Members of the caseload forecast council shall serve without additional compensation but shall be reimbursed for travel expenses in accordance with RCW
44.04.120 while attending sessions of the council or on official business authorized by the council. Nonlegislative members of the council shall be reimbursed for travel expenses in accordance with RCW
43.03.050 and
43.03.060.
(7) "Caseload," as used in this chapter, means:
(a) The number of persons expected to meet entitlement requirements and require the services of public assistance programs, state correctional institutions, state correctional noninstitutional supervision, state institutions for juvenile offenders, the common school system, long-term care, medical assistance, foster care, and adoption support;
(b) The number of students who are eligible for the Washington college bound scholarship program and are expected to attend an institution of higher education as defined in RCW
28B.92.030;
(c) The number of students who are eligible for the Washington college grant program under RCW
28B.92.200 and
28B.92.205 and are expected to attend an institution of higher education as defined in RCW
28B.92.030;
(d) The number of children who are eligible, as defined in RCW
43.216.505, to participate in, and the number of children actually served by, the early childhood education and assistance program; and
(e) Beginning with the first official forecast after July 23, 2023, the number of people eligible for the working families' tax credit under RCW
82.08.0206. The total number of people eligible for the working families' tax credit should include:
(i) The number of eligible people with no qualifying children;
(ii) The number of eligible people with one qualifying child;
(iii) The number of eligible people with two qualifying children; and
(iv) The number of eligible people with three or more qualifying children.
(8) The caseload forecast council shall forecast the temporary assistance for needy families and the working connections child care programs as a courtesy.
(9) By January 1, 2023, the caseload forecast council shall present the number of individuals who are assessed as eligible for and have requested a service through the individual and family services waiver and the basic plus waiver administered by the developmental disabilities administration as a courtesy. The caseload forecast council shall be presented with the service request list as defined in RCW
71A.10.020 to aid in development of this information.
(10) Beginning with the official forecast submitted in November 2022 and subject to the availability of amounts appropriated for this specific purpose, the caseload forecast council shall forecast the number of individuals who are assessed as eligible for and have requested supported living services, a service through the core waiver, an individual and family services waiver, and the basic plus waiver administered by the developmental disabilities administration as a courtesy. The caseload forecast council shall be presented with the service request list as defined in RCW
71A.10.020 to aid in development of this information.
(11) As a courtesy, beginning with the official forecast submitted in November 2022, the caseload forecast council shall forecast the number of individuals who are expected to reside in state-operated living alternatives administered by the developmental disabilities administration.
(12) The caseload forecast council shall forecast youth participating in the extended foster care program pursuant to RCW
74.13.031 separately from other children who are residing in foster care and who are under eighteen years of age.
(13) The caseload forecast council shall forecast the number of youth expected to receive behavioral rehabilitation services while involved in the foster care system and the number of screened in reports of child abuse or neglect.
(14) The caseload forecast council shall forecast the number of individuals who are functionally and financially eligible for medicaid waiver services administered by the developmental disabilities administration who also meet the criteria outlined in RCW
71A.12.370 and are expected to utilize a medicaid waiver service.
(15) ((
The caseload forecast council shall forecast eligible children participating in the transition to kindergarten program under RCW 28A.300.072.(16))) Unless the context clearly requires otherwise, the definitions provided in RCW
43.88.020 apply to this chapter.
(((17)))(16) During the 2021-2023 fiscal biennium, and beginning with the November 2021 forecast, the caseload forecast council shall produce an unofficial forecast of the long-term caseload for juvenile rehabilitation as a courtesy.
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