WSR 11-06-043

AGENDA

DEPARTMENT OF

EARLY LEARNING

[ Filed February 28, 2011, 4:29 p.m. ]


Semi-Annual Rule-Making Agenda Under RCW 34.05.314

January 1 through June 30, 2011



The department of early learning (DEL) prepares a semi-annual rule making agenda in January and July each year to let the public know about DEL rule changes underway or planned. The current agenda also: (1) Reports rule making suspended, eliminated or proceeding under the Governor's Executive Order (EO) 10-06 suspending noncritical rule making;* and (2) updates the 2007 child care provider rule review plan prepared under RCW 43.215.502. DEL rules are part of the Washington Administrative Code (WAC), and permanent DEL rules can be found on-line at TITLE 170 WAC. This agenda includes links to rule-making notices that DEL has filed with the office of the code reviser for publication in the Washington State Register. Find current information about department rule-making activity on-line at DEL Rules Under Development. See additional notes following the table.


Subject Matter and RCW Authority WAC Chapter or Sections Description

Visit DEL Rules Under Development on the DEL web site for current information on these rules.

Emergency

Rules

(CR-103E)

Preproposal

Notice

(CR-101)

Proposed Rule (CR-102) and Public Hearings or Expedited Rule

(CR-105)

Permanent Rule

(CR-103P)

Common terms, definitions and standards


RCW 43.215.060, 43.215.070, and chapter 43.215 RCW

New WAC chapter, and possible revisions of other DEL rules in TITLE 170 WAC Adopting a new DEL WAC chapter to include terms, definitions or standards that apply to more than one DEL WAC chapter or program. Other DEL WAC chapters may be revised to eliminate duplication.

EO 10-06 impact: Rule development suspended.

None Filed 12/24/08 as WSR

09-01-185

Suspended Suspended
Public records, DEL organization


RCW 42.56.070 and

42.56.100

New chapter 170-01 WAC Adopting a new DEL WAC chapter on public records requests, and adopting DEL organization and index rules required by law.


EO 10-06 impact: Rules are required by chapter 42.56 RCW. DEL plans to proceed with rule development.

None Filed 8/27/09

as WSR

09-18-055

Anticipated filing in this period To be determined
Del hearing rules


RCW 34.05.220, 43.215.070, and chapter 43.215 RCW

Chapter

170-03 WAC

Adopting technical changes needed to make the rules consistent with other DEL WAC chapters and to revise hearing procedures.


EO 10-06 impact: Rule development suspended this period, but DEL may review rules for potential budget-related revisions.

None
DEL background checks rules


RCW 43.215.060, 43.215.070, 43.215.200, 43.215.205, 43.215.215, 43.43.832(6), and chapter 43.215 RCW

Chapter

170-06 WAC

Revising the list of crimes that may disqualify a person from working in child care, and procedures for disqualification, reconsideration and due process. Reviewing the rules for consistency with current law and considering whether to apply DEL background check rules to other early learning programs.


EO 10-06 impact: Rules are necessary to protect public health, safety and welfare. Rule development may proceed in 2011.

None Filed 12/24/08 as WSR

09-01-184

To be determined To be determined
Syrup of ipecac use in DEL-licensed child care facilities


RCW 43.215.060, 43.215.070, 43.215.200, and chapter 43.215 RCW

Chapters

170-151,

170-295, and

170-296 WAC

Revising requirements on keeping syrup of Ipecac available in a licensed child care facility for emergency treatment of children suspected of swallowing a poison. Changes will be based on current research and advice from the state department of health and Washington Poison Center.


EO 10-06 impact: Rules are beneficial to and likely supported by regulated entities. Rule development to continue in 2011.

None

Anticipated filing this period To be determined To be determined
School-age child care center programs


RCW 43.215.060, 43.215.070, 43.43.832(6), and chapter 43.215 RCW

Chapter

170-151 WAC

School-age program rules have not been updated since 1997 and are seriously out of date. School's Out Washington (SOWA), a nonprofit group, has gathered stakeholder input and recommended comprehensive WAC changes.


EO 10-06 impact: Rules are necessary to protect public health, safety and welfare, and are requested regulated entities. Rule development will proceed in 2011.

None Filed 4/23/09

as WSR

09-10-009

To be determined To be determined
Working connections child care (WCCC) and seasonal child care (SCC) subsidy programs


RCW 43.215.060,

43.215.070, chapter 273, Laws of 2010 and section 501, chapter 265, Laws of 2006 (uncodified)

Chapter 170-290 WAC

Continued implementation of HB 3141 (chapter 273, Laws of 2010), revising what types of income changes and other changes a consumers must report to the department of social and health services (DSHS) during the consumer's WCCC eligibility period.


EO 10-06 impact: Rules developed were beneficial to, requested by and supported by the regulated entities. Adopted final rules are effective in this period.

None Filed 7/21/10

as WSR

10-15-116

Filed 9/21/10 as WSR

10-19-119


Hearings

10/27/10 and

10/30/10

Filed 12/14/10 as WSR

11-01-090


Effective 1/14/11

Working connections child care (WCCC) and seasonal child care (SCC) subsidy programs


RCW 43.215.060,

43.215.070, and section 501, chapter 265, Laws of 2006 (uncodified)

Chapter 170-290

WAC

Revising the eligibility requirements to qualify for WCCC and SCC. Rules are required to reduce WorkFirst expenditures and help balance the state budget during the state fiscal year ending June 30, 2011.

EO 10-06 impact: Rules are necessary to manage budget shortfalls, and were initially adopted by emergency rule. Rule development will continue in 2011.

Filed 1/31/11 as WSR 11-04-078 and 2/15/11 as WSR 11-05-088


Emergency rules WSR 11-04-078 Superseded WSR 11-01-114

Filed 1/12/10

as WSR 10-03-033 and 7/21/10 as WSR 10-15-116

Proposal filed 8/30/10 as WSR 10-18-064

Hearings 10/7/10 and 10/9/10

Supplemental or new proposal possible - date to be determined

To be determined
Seasonal child care (SCC) subsidy programs


RCW 43.215.060, 43.215.070, and section 501, chapter 265, Laws of 2006 (uncodified)

Chapter 170-290

WAC

Amending SCC rules to shift application processing and eligibility determinations from contracted entities to DSHS, and to make SCC requirements consistent with WCCC which is already administered by DSHS.

EO 10-06 impact: Rules are necessary to manage budget shortfalls. Rule development will continue this period.

None Filed 7/21/10

as WSR 10-15-116

Proposed rule anticipated in this period Permanent rules anticipated by mid-2011
Exclusion of ill children or staff in child care centers


RCW 43.215.070, chapter 43.215 RCW

WAC 170-295-3030 Anticipated rule making due to a public petition, under RCW 34.05.330, to amend WAC 170-295-3030 When is a child or staff member too ill to be at child care.

EO 10-06 impact: Rules are necessary to protect public health, safety and welfare. Rule development to proceed in 2011.

None Filed 8/18/10 as WSR 10-18-006 To be determined To be determined
Child care centers and family home child care


RCW 43.215.070, and chapter 43.215 RCW

Chapters 170-295

and

170-296 or 170-296A WAC

Revising DEL rules on infant and toddler cribs and other sleeping equipment, consistent with new rules of the United States Consumer Product Safety Commission. By December 2012, cribs used in child care homes and centers must meet 2010 national safety standards.

EO 10-06 impact: Rules are necessary to protect public health, safety and welfare. Rule development to proceed in 2011.

None Anticipated filing this period To be determined To be determined
Child care centers -- Rule review


RCW 43.215.060, 43.215.070, 43.43.832(6), and chapter 43.215 RCW

Chapter

170-295 WAC

Comprehensive review of this chapter was planned to start in 2011. The last major revision was completed in 2003.


EO 10-06 impact: Rule development may proceed in 2011 on selected WAC sections necessary to protect the public health, safety and welfare.

None Filed 8/18/10

as WSR

10-18-006

To be determined To be determined
Family home child care -- Rule review and update Chapter 170-296 WAC


New chapter 170-296A WAC

Revising the family home child care WAC chapter using a negotiated rule-making process consisting of parents, child care providers, the Service Employees International Union, advocates, Washington Child Care Resource and Referral network and DEL staff.

EO 10-06 impact: Rules are permitted if developed using negotiated rule making. Rule making will proceed this period.

None Filed 12/1/06

as WSR

06-24-051


Preliminary draft rules circulated for public input in March-April 2009.

Proposed rules anticipated in this period To be determined
Department of early learning rules All chapters of TITLE 170 WAC As DEL TITLE 170 WAC or other agency rules are revised, DEL may revise its rules to update names, references or other information to keep DEL rules current.


EO 10-06 impact: Rules suspended unless specific rules are deemed necessary to protect the public health, safety and welfare.

N/A Suspended Suspended Suspended

Permanent rules adopted in the twelve months prior to this report:


WSR 10-15-063 - DEL WCCC and SCC subsidy program rules. Permanent rules filed July 15, 2010, and effective August 15, 2010. Amending WAC 170-290-0082 to implement subsection 2(2) of E2SHB 3141, extending family eligibility to twelve months for families in the WCCC program who have a child enrolled in head start, early head start or the early childhood education and assistance program, and related amendments.
WSR 10-20-059 - DEL early childhood education and assistance program (ECEAP) rules. Permanent rules filed September 27, 2010, and effective October 28, 2010. Amending WAC 170-100-0080 to implement 2SHB 2731, by changing the definition of "eligible child" to include children eligible for special education regardless of income.
WSR 10-24-016 - DEL child care license fees. Permanent rules filed November 19, 2010, and effective December 20, 2010 (rates had been in effect by emergency rule since July 1, 2010). Amending WAC 170-151-070 and 170-295-0060 to raise annual license fees for child care centers and school-age center programs as directed by the ESSB 6444, section 614(14). Rules were necessary to manage budget shortfalls and were required by state law, and were adopted according to EO 10-06 guidance.
WSR 10-24-015 - DEL child care licensing. Permanent rules filed November 19, 2010, and effective December 20, 2010. Amending WAC 170-151-230, 170-295-3060, and 170-296-0870 allowing the use of hand sanitizer gels with children over twelve months old with written permission from the child's parent or guardian. Rules were necessary to protect the public health, safety and welfare and were originally adopted by emergency rule, with final rules adopted according to EO 10-06 guidance.
WSR 11-01-090 - DEL WCCC and SCC subsidy program rules. Permanent rules filed December 14, 2010, and effective January 14, 2011. Amending WAC 170-290-0031 and 170-290-0032 to reduce how often a family must report income changes. This rule continued policy changes to implement HB 3141 - see related rules adopted as WSR 10-15-063. Rules were beneficial to, requested by and supported by regulated entities, and were adopted according to EO 10-06 guidance.

*Governor's Executive Order 10-06 Suspending Noncritical Rule Development and Adoption


EO 10-06, signed November 17, 2010, directed state executive agencies to suspend or eliminate "noncritical" rule development and adoption through December 31, 2011. Under guidance prepared by the office of financial management (OFM) on implementing the governor's directive:

Rule proceedings are noncritical unless the rule is:
(a) Required by federal or state law or required to maintain a federally delegated or authorized program;
(b) Required by court order;
(c) Necessary to manage budget shortfalls, maintain fund solvency, or for revenue generating activities;
(d) Necessary to protect health, safety, and welfare or necessary to avoid an immediate threat to the state's natural resources; or
(e) Beneficial or requested or supported by the regulated entities, local governments, or small businesses that (the rule) affects.
Agencies may continue to adopt rules that have been the subject of negotiated rule making or pilot rule making that involved substantial participation by interested parties before development of the proposed rule. Agencies may also proceed to finalize permanent rule making that has previously been covered by emergency rules.
Agencies may continue to adopt expedited rules under RCW 34.05.353 where proposed rules relate only to internal government operations.
Find the complete OFM guidance on implementing EO 10-06 at the governor's office of regulatory assistance web site at http://www.governor.wa.gov/news/20101116_memo_eo_10-06.pdf.

Notes: The DEL semi-annual rule-making agenda is prepared for information purposes only, and future dates or periods noted in this agenda are planning estimates that are subject to change. This agenda does not constitute a rule or rule-making action. Any errors or omissions in this agenda do not affect the actual DEL rules or rule-making notices filed with the office of the code reviser and published in the Washington State Register.

There may be additional DEL rule making that cannot be forecasted as the department adopts rules to implement new state laws, to meet federal requirements, or to meet unforeseen circumstances. Emergency rules noted, if any, are those in effect at the time this agenda was filed with the code reviser or were the last emergency rules filed prior to this agenda on the particular subject.

For more information about DEL rule making, or to join a mailing list to receive DEL rule notices and draft materials, please e-mail Rules@del.wa.gov, or write to the DEL Rules Coordinator, P.O. Box 40972, Olympia, WA 98504-0972.

CR means "code reviser." The legislature's office of the code reviser creates the rule-making notice forms used and filed by all state agencies.

CR-101 is a preproposal statement of inquiry notice filed under RCW 34.05.310.

CR-102 may be a proposed rule-making notice filed under RCW 34.05.320; a continuance notice under RCW 34.05.325, or a supplemental proposed rule-making notice under RCW 34.05.340.

CR-103E is an emergency rule-making order filed under RCW 34.05.350.

CR-103P is a permanent rule-making order filed under RCW 34.05.360.

CR-105 is an expedited rule-making notice filed under RCW 34.05.353.

WSR means "Washington State Register." The WSR numbers noted throughout this rules agenda are the official filing numbers assigned by the office of the code reviser and entered on materials filed for legal publication in the Washington State Register.

Washington State Code Reviser's Office