WSR 09-01-184




[ Filed December 24, 2008, 9:42 a.m. ]

Subject of Possible Rule Making: Chapter 170-06 WAC, Department of early learning (DEL) background check rules and related chapters of TITLE 170 WAC.

Statutes Authorizing the Agency to Adopt Rules on this Subject: RCW 43.215.060, 43.215.200, 43.215.502, 43.43.832.

Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: DEL plans to review and may revise background check rules and related rules as appropriate to assure consistent application of requirements related to:

(1) Crimes that disqualify a person from providing child care or having unsupervised access to children in care,

(2) Processing of background check information,

(3) Disqualification, reconsideration and due process,

(4) Background checks for early learning programs contracted or regulated by DEL, and

(5) Other revisions as needed to be consistent with current law or to clarify background check procedures.

Other Federal and State Agencies that Regulate this Subject and the Process Coordinating the Rule with These Agencies: DEL plans to coordinate with the Washington state patrol and department of social and health services (DSHS) as appropriate during the rule development process.

Process for Developing New Rule: DEL will seek input from a variety of stakeholders during the rule development process, including parents, child care providers, preschools, early learning programs, the Service Employees International Union, other public and private organizations, the state patrol, DSHS and other agencies as appropriate. Preliminary rule drafts will be circulated for informal input, and the department will file proposed rules for formal public comment. Draft and proposed rules will be posted for public input at the DEL rules comment web site at

Interested parties can participate in the decision to adopt the new rule and formulation of the proposed rule before publication by contacting DEL Rules Coordinator, P.O. Box 40970, Olympia, WA 98504-0970, fax (360) 413-3482, phone (360) 725-4397, e-mail Anyone interested in joining an e-mail or postal mailing list to get information and notices about these rules should contact the DEL rules coordinator at or the phone number above.

December 3, 2008

Jone M. Bosworth, JD


Washington State Code Reviser's Office