WSR 10-14-118




[ Filed July 7, 2010, 9:32 a.m. ]

Original Notice.

Preproposal statement of inquiry was filed as WSR 10-11-064.

Title of Rule and Other Identifying Information: Revising WAC 170-100-080 Eligibility for services, early childhood education and assistance program.

Hearing Location(s): Department of Early Learning (DEL) State Office, 649 Woodland Square Loop S.E., Lacey, WA 98503, on August 10, 2010, at 2:00 p.m. If you would like to phone in, call (866) 441-7284 and enter PIN# 162705.

Date of Intended Adoption: After September 1, 2010.

Submit Written Comments to: Heike Syben, P.O. Box 40970, Olympia, WA 98504-0970, e-mail, fax (360) 413-3482, by 5:00 p.m. on August 10, 2010.

Assistance for Persons with Disabilities: Contact Heike Syben, ECEAP coordinator by August 3, 2010, (360) 725-2839.

Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: The department is revising WAC 170-100-080 to implement 2SHB 2731 (section 7(3), chapter 231, Laws of 2010, regular session). Section 7 amends DEL's RCW 43.215.405 to include children who are eligible for special education due to disability under RCW 28A.155.020 in the definition of "eligible child" for ECEAP.

Reasons Supporting Proposal: Revising WAC 170-100-080 is necessary to implement section 7(3) of 2SHB 2731. Eligibility for ECEAP services are set by rule, and statutory changes in eligibility criteria must also be included in the ECEAP rules.

Statutory Authority for Adoption: RCW 43.215.020.

Statute Being Implemented: 2SHB 2731 (chapter 231, Laws of 2010, regular session); RCW 43.215.405.

Rule is not necessitated by federal law, federal or state court decision.

Agency Comments or Recommendations, if any, as to Statutory Language, Implementation, Enforcement, and Fiscal Matters: DEL adopts the rules and other policy for ECEAP and develops client service contracts with ECEAP contractors statewide. Contractor staff implement rules by determining child eligibility and then prioritizing eligible children for enrollment based on local community needs and trends.

Name of Proponent: DEL, governmental.

Name of Agency Personnel Responsible for Drafting: Heike Syben, DEL State Office, Lacey, Washington, (360) 725-2839; Implementation: Joyce Kilmer, DEL State Office, Lacey, Washington, (360) 725-2843; and Enforcement: ECEAP contractors, statewide.

No small business economic impact statement has been prepared under chapter 19.85 RCW. The proposed rule is not expected to create new costs for small businesses, or if costs are created they are expected to be minor. Preparation of a small business economic impact statement is not required.

A cost-benefit analysis is not required under RCW 34.05.328. DEL is not listed among the state agencies required to comply with RCW 34.05.328.

July 7, 2010

Elizabeth M. Hyde



AMENDATORY SECTION(Amending WSR 06-18-085, filed 9/5/06, effective 9/5/06)

WAC 170-100-080   Eligibility for services.   (((1) Contractors must recruit, document eligibility, and enroll children based on available funds. Enrolled children must not be participants in the federally funded head start program. Contractors must give priority for enrollment to children from families with the lowest incomes or to children from families with multiple needs.

(2) To be enrolled, children must meet the following age criteria.

(a) First priority for enrollment must be given to children who are four years old, but not yet five years old, by August 31 of the program year.

(b) Second priority may be given to children who are three years old by August 31 of the program year and meet other eligibility criteria.

(c) Contractors may not enroll children who are younger than three years old or older than five years old on August 31 of the program year.

(3) To be enrolled, children must meet either the following income or risk factor criteria:

(a) Family income. Children are eligible if their family income is at or below one hundred ten percent of the Federal Poverty Guidelines established by the United States Department of Health and Human Services. Contractors may choose which time period below best reflects the family's current financial circumstances:

(i) Previous calendar year before enrollment;

(ii) Twelve months before enrollment; or

(iii) Previous or current month, when annual family income has been documented and shows a significant recent decrease due to death, divorce, unexpected job loss, or similar circumstance.

(b) Risk factors. Up to ten percent of funded slots may be used for children from families who are not income eligible and are impacted by:

(i) Developmental factors, such as developmental delay or disability; or

(ii) Environmental factors, such as domestic violence, chemical dependency, child protective services involvement, or other factors affecting school success.)) (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) 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) 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, contractors must prioritize children who are:

(a) Four years old by August 31st of the school year.

(b) From families with the lowest incomes.

(c) Homeless, as defined by the federal McKinney-Vento Homeless Assistance Act.

(d) In the foster care system.

(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.

[06-18-085, recodified as 170-100-080, filed 9/5/06, effective 9/5/06. Statutory Authority: Chapter 28A.215 RCW. 06-13-046, 365-170-080, filed 6/16/06, effective 7/17/06. Statutory Authority: RCW 43.63A.060. 99-19-176, 365-170-080, filed 9/22/99, effective 10/23/99. Statutory Authority: RCW 28A.34A.060. 88-18-039 (Order 88-04), 365-170-080, filed 8/31/88. Statutory Authority: RCW 43.63A.060. 87-04-007 (Order 87-02), 365-170-080, filed 1/23/87.]

Washington State Code Reviser's Office