WSR 14-14-055 PERMANENT RULES DEPARTMENT OF EARLY LEARNING [Filed June 26, 2014, 11:33 a.m., effective July 27, 2014] Effective Date of Rule: Thirty-one days after filing.
Purpose: To revise early childhood education and assistance program (ECEAP) eligibility, prioritization, and enrollment rules, and align them with clarified ECEAP Performance Standards Section B: Enrollment and Eligibility. This includes updating eligibility rules such that children ages three and four who are receiving child protective services or family assessment response services are eligible and prioritized for ECEAP services. Also, to update staff qualifications rules consistent with revised ECEAP Performance Standards Section C: Human Resources going into effect July 1, 2014.
Citation of Existing Rules Affected by this Order: Amending WAC 170-100-080 and 170-100-090.
Adopted under notice filed as WSR 14-11-095 on May 21, 2014.
Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.
Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 2, Repealed 0.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.
Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 2, Repealed 0.
Date Adopted: June 26, 2014.
Elizabeth M. Hyde
Director
AMENDATORY SECTION (Amending WSR 10-20-059, filed 9/27/10, effective 10/28/10)
WAC 170-100-080 Eligibility for services.
(1) ((Contractors must write and follow a recruitment procedure, including active recruitment of age-eligible homeless children, children in the foster care system, and children with disabilities.
(2))) Children are eligible for ECEAP if they are at least three years old, but not yet five years old, by August 31st of the school year, and one of the following:
(a) Returning to the same ECEAP contractor from the previous school year.
(b) Qualified by their school district for special education services under RCW 28A.155.020. All children on a school district individualized education program (IEP) meet this requirement.
(c) Receiving child protective services under RCW 26.44.020(3) or family assessment response services under RCW 26.44.260.
(d) From a family with income at or below one hundred ten percent of the federal poverty guidelines established by the U.S. Department of Health and Human Services.
(((d) From a family that is not income-eligible but is impacted by either:
(i) Developmental risk factors, such as developmental delay or disability, but not on an IEP.
(ii) Environmental risk factors that could affect school success such as domestic violence, chemical dependency, homelessness, parental incarceration, or child protective services involvement.
Each contractor's maximum percentage of over-income children is in their ECEAP client services contract.
(3) Children cannot be simultaneously enrolled in Head Start and ECEAP. Children served by school district special education may be simultaneously enrolled in ECEAP.
(4))) (e) From a family with income that exceeds one hundred ten percent federal poverty level and is impacted by specific developmental or environmental risk factors that are linked by research to school performance.
(f) Ninety percent of enrolled families statewide must qualify by income or IEP. DEL establishes over-income limits for each contractor annually.
(2) Children who are eligible for ECEAP are not automatically enrolled in ECEAP. They must still be prioritized.
(3) Eligible, enrolled children are allowed to remain in ECEAP until kindergarten, without reverification.
(4) Children may not be simultaneously enrolled in both ECEAP and Head Start.
(5) Children served by school district special education may be simultaneously enrolled in ECEAP.
(6) Contractors must ((write and follow a procedure for prioritizing enrollment of the eligible children who are most in need of ECEAP services. From the pool of eligible children,)) systematically review all applications of eligible children and prioritize them to determine which children to enroll in the available ECEAP slots. Contractors must prioritize children who are:
(a) Four years old by August 31st of the school year.
(b) From families ((with)) at the lowest ((incomes)) federal poverty levels, as published annually by the U.S. Department of Health and Human Services.
(c) Homeless, as defined by the federal McKinney-Vento Homeless Assistance Act.
(d) ((In the foster care system.
(e))) Receiving child protective services under RCW 26.44.020(3) or family assessment response services under RCW 26.44.260.
(e) From families with multiple needs.
(((5) Contractors may determine additional prioritization categories to best meet the needs of their community, such as:
(a) English language learners.
(b) Refugee status.
(c) Transferring from other ECEAP or Head Start sites.)) (7) Contractors must use either the standard or customized priority point system built into the early learning management system (ELMS). Contractors may customize the environmental risk factor section of the priority points built into ELMS to best meet the needs of families in their community.
AMENDATORY SECTION (Amending WSR 06-18-085, filed 9/5/06, effective 9/5/06)
WAC 170-100-090 Staff qualifications.
(1) Contractors must provide adequate staff to comply with all ECEAP performance standards. ((Contractors must have written policies and procedures for recruitment and selection of staff, including procedures for advertising all position openings to the public.))
(2) All persons serving in the role of ECEAP lead teacher must meet one of the following qualifications:
(a) An associate or higher degree with the equivalent of thirty college quarter credits of early childhood education. These thirty credits may be included in the degree or in addition to the degree; or
(b) A valid Washington state teaching certificate with an endorsement in early childhood education (pre-K - grade 3) or early childhood special education.
(3) All persons serving in the role of ECEAP assistant teacher must meet one of the following qualifications:
(a) Employment as an early childhood education and assistance program assistant teacher in the same agency before July 1, 1999;
(b) The equivalent of twelve college quarter credits in early childhood education; ((or))
(c) Initial or higher Washington state early childhood education certificate; or
(d) A current Child Development Associate (CDA) credential awarded by the Council for Early Childhood Professional Recognition.
(4) All persons serving in the role of ECEAP family support ((specialist)) staff must meet one of the following qualifications:
(a) Employment as an early childhood education and assistance program family ((service worker)) support staff in the same agency before July 1, 1999; ((or))
(b) An associate's or higher degree with the equivalent of thirty college quarter credits of adult education, human development, human services, family support, social work, early childhood education, child development, psychology, or another field directly related to their job responsibilities. These thirty credits may be included in the degree or in addition to the degree; or
(c) A degree, credential or certificate from a comprehensive and competency-based program that increases knowledge and skills in providing direct family support services to families.
(5) All persons serving in the role of ((family support aide or)) ECEAP health ((aide)) advocate must meet one of the following qualifications:
(a) Employment as an early childhood education and assistance program family support aide or health aide in the same agency before July 1, ((1999)) 2014; or
(b) The equivalent of twelve college quarter credits in family support, public health, health education, nursing, or another field directly related to their job responsibilities.
(6) The early childhood education and assistance program health ((professional)) consultant must meet one of the following qualifications:
(a) Licensed in Washington state as a registered nurse (R.N.) or physician (M.D., N.D., D.O.); or
(b) A bachelor's or higher degree in public health, nursing, health education, health sciences, medicine, or related field.
(7) The early childhood education and assistance program ((dietitian)) nutrition consultant must meet ((all)) one of the following qualifications:
(a) ((A bachelor's or higher degree in nutrition science, public health nutrition, dietetics, or other related field; and
(b))) Registered dietitian ((with)) (RD) credentialed through the Commission on Dietetic Registration (CDR), the credentialing agency for the Academy of Nutrition and Dietetics (formerly the American Dietetic Association ((or certified as a dietitian))); or
(b) Washington state certified nutritionist under chapter 18.138 RCW.
(8) The early childhood education and assistance program mental health ((professional)) consultant must meet one of the following qualifications:
(a) Licensed by the Washington state department of health as a mental health counselor, marriage and family therapist, social worker, psychologist, psychiatrist, or psychiatric nurse; ((or))
(b) Approved by the Washington state department of health as an agency affiliated or certified counselor, with a master’s degree in counseling, social work or related field; or
(c) Credentialed by the Washington state office of the superintendent of public instruction as a school counselor, social worker, or psychologist.
(9) ((Contractors may provisionally hire lead teachers, assistant teachers, family service workers, family service aides, or health aides who do not fully meet the qualifications for the position if all of the following conditions are met:
(a) Contractors have attempted to recruit and hire fully qualified staff and are unable to because of a documented labor pool shortage;
(b) Contractors are able to recruit a person competent to fulfill the role and implement all related performance standards; and
(c) Contractors write a professional development plan describing how the provisional hire will obtain full qualifications within five years of appointment.)) Contractors must hire and employ staff who meet the qualifications for their position.
(a) If the best candidate for the position is not fully qualified, the contractor must ensure the newly hired staff person is on a professional development plan (PDP) to fully meet the qualifications of their role within five years from the date of hire.
(b) Contractors must monitor progress on all PDPs and ensure staff make adequate yearly progress to meet the required qualifications.
(10) Equivalent degrees and certificates from other states and countries are accepted for ECEAP staff qualifications.
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