WSR 16-14-099 PROPOSED RULES DEPARTMENT OF EARLY LEARNING [Filed July 5, 2016, 2:50 p.m.]
Original Notice.
Preproposal statement of inquiry was filed as WSR 15-16-046.
Title of Rule and Other Identifying Information: WAC 170-100-090 Staff qualifications.
Hearing Location(s): Spokane Public Library, Downtown Branch, Room 1A, 906 West Main Avenue, Spokane, WA 99201, on Tuesday, August 9, 2016, at 6:00 p.m.; and at the Department of Early Learning (DEL), State Office, Room 113, 1110 Jefferson Street S.E., Olympia, WA 98501, on Wednesday, August 10, 2016, at 3:30 p.m.
Date of Intended Adoption: Not earlier than August 10, 2016.
Submit Written Comments to: Rules Coordinator, DEL, P.O. Box 40970, Olympia, WA 98504-0970, e-mail rules@del.wa.gov, fax (360) 725-4925, by August 10, 2016.
Assistance for Persons with Disabilities: Contact DEL rules coordinator by July 28, 2016, (360) 725-4670.
Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: The purpose of this proposed rule making is to clarify that the department's background check laws, rules and requirements are applicable to and include the early childhood education and assistance program (ECEAP).
Reasons Supporting Proposal: The Washington state legislature passed the Early Start Act during the 2015 legislative session. The act directs the department to adopt rules requiring DEL to conduct fingerprint background checks for the ECEAP program. This proposed rule making clarifies an earlier permanent rule making (WSR 15-24-040) by stating who is required to obtain a fingerprint background check in the ECEAP program. This rule making enhances and promotes the health and safety of children participating in ECEAP.
Statute Being Implemented: Chapter 43.215 RCW.
Rule is not necessitated by federal law, federal or state court decision.
Name of Proponent: DEL, governmental.
Name of Agency Personnel Responsible for Drafting: Luba Bezborodnikova, Assistant Director for ESA and Nicole Rose, Assistant Director for QPPG, DEL State Office, P.O. Box 40970, Olympia, WA 98504, (360) 725-4665; Implementation and Enforcement: DEL licensing offices, statewide.
No small business economic impact statement has been prepared under chapter 19.85 RCW. The proposed rules are not expected to impose new costs on businesses that are required to comply. If the rules result in costs, those costs are not expected to be "more than minor" as defined in chapter 19.85 RCW. Washington law does not require providers to pay for these fingerprint background checks. See RCW 43.215.215(2).
A cost-benefit analysis is not required under RCW 34.05.328. DEL is not among the agencies listed as required to comply with RCW 34.05.328.
June 21, 2016
Ross Hunter
DEL Director
AMENDATORY SECTION (Amending WSR 15-24-040, filed 11/20/15, effective 1/1/16)
WAC 170-100-090 Staff qualifications.
(1) Contractors must provide adequate staff to comply with all ECEAP performance standards.
(2) Contractors must ((ensure that all ECEAP)) require their staff and other persons associated with the contractor that are considered to be a "subject individual" as defined in WAC 170-06-0020, and who may have unsupervised access to children ((comply)), to obtain a fingerprint background check in compliance with the ((background check procedures in)) requirements of RCW 43.215.215, 43.215.425 and chapter 170-06 WAC.
(3) 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.
(4) 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;
(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.
(5) All persons serving in the role of ECEAP family support staff must meet one of the following qualifications:
(a) Employment as an early childhood education and assistance program family support staff in the same agency before July 1, 1999;
(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.
(6) All persons serving in the role of ECEAP health 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, 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.
(7) The early childhood education and assistance program health 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.
(8) The early childhood education and assistance program nutrition consultant must meet one of the following qualifications:
(a) Registered dietitian (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
(b) Washington state certified nutritionist under chapter 18.138 RCW.
(9) The early childhood education and assistance program mental health 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;
(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.
(10) 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.
(11) Equivalent degrees and certificates from other states and countries are accepted for ECEAP staff qualifications.
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