WSR 12-03-003

AGENDA

DEPARTMENT OF

EARLY LEARNING

[ Filed January 4, 2012, 1:21 p.m. ]


Semi-Annual Rule-Making Agenda under RCW 34.05.314

January 1, through June 30, 2012



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 that are 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. Find current information about department rule-making activity on-line at DEL Rules Under Development. See additional notes following the table.


Subject

Matter

and

Authority

WAC Chapter

or Sections

Description


DEL Rules Under Development on the DEL web site has 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 chapter, and possible revisions of other DEL rules in Title 170. Adopting a new DEL WAC chapter of TITLE 170 WAC 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. Adopting a new DEL WAC chapter on public records, and adopting DEL organization and index rules required by law.


EO 10-06 impact: Rules are required by state law. DEL plans to proceed with rule development.

None. Filed 8/27/09

as WSR

09-18-055.

Filed 1/4/12

as WSR

12-02-081

Public hearings

2/7/12 and

2/11/12.

Permanent rule adoption anticipated this period.
DEL hearing rules.


RCW 34.05.220, 43.215.070, and chapter 43.215 RCW.

Chapter

170-03.

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. Suspended. Suspended. Suspended.
DEL background checks rules.


Chapter 295, Laws of 2011, 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 and related sections of

chapters 170-151,

170-295,

170-296A.

Implementing 2011 HB 1903 creating an individual based/portable background check registry and new background check requirements;

Updating the list of crimes or negative actions that may disqualify a person from obtaining a DEL clearance; and

Revising rules on disqualification, reconsideration and due process, and to be consistent with current law.


EO 10-06 impact: Rules are necessary to implement new state law and to protect public health, safety and welfare. Rule development to proceed in 2012.

Filed 11/17/11 as WSR

11-23-085.

See also WSR

11-15-090.

Filed 5/31/11 as WSR

11-12-076.

See also

WSR

09-01-184 filed 12/24/08.

Proposed rules anticipated this period. Permanent rule adoption anticipated this period.
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.

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 health professionals and Washington Poison Center.


EO 10-06 impact: Rules are beneficial to and likely supported by regulated entities. Rule development may continue in 2012.

None. To be determined. To be determined. To be determined.
School-age child care center programs.


Chapter 359, Laws of 2011, RCW 43.215.060,

43.215.070, 43.43.832(6),

and chapter 43.215 RCW.

Chapter

170-151.

Implementing HB 1776 related to licensed child care centers located in public or private school buildings;

General chapter review. School-age program rules have not been updated since 1997 and are not consistent with current law or practice.


School's Out Washington (SOWA), a nonprofit group, has gathered stakeholder input and recommended comprehensive WAC changes.


EO 10-06 impact: Rules are needed to implement new state law and to protect public health, safety and welfare, and are requested by regulated entities. Rule development to continue in 2012.

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.


Chapter 42, Laws of 2011, 1st sp. sess., section 501, chapter 265, Laws of 2006 (uncodified), RCW 43.215.060,

43.215.070.

Chapter

170-290

and related sections in chapters

170-151,

170-295, and 170-296A.

Implementing certain recommendations in state and federal audits to increase accountability for federal funds and reduce potential fraud and abuse;

Implementing applicable provisions of SB 5921.


EO 10-06 impact: Rules are required by new state law and to maintain federally delegated or authorized programs. Rule development to continue in 2012.

Filed 10/6/11 as WSR

11-21-005.


See also

WSR

11-14-066.

Filed 5/31/11 as WSR

11-12-076.

Filed 1/4/12

as WSR

12-02-077.


Public hearings

2/7/12 and

2/11/12.

Permanent rule adoption anticipated this period.
Annual license fees for DEL-licensed child care centers and family homes.


Chapter 50, Laws of 2011 1st sp. sess., RCW 43.215.070, 43.215.255.

Chapters

170-151

170-295,

170-296, and

170-296A.

Implementing section 617(2) of HB 1087 authorizing an increase in the annual license fee for DEL-licensed child care centers and family home child cares to support expenditures authorized in the 2011-2013 State Operating Budget Act.


EO 10-06 impact: Rules are required by new state law and to manage budget shortfalls, maintain fund solvency or for revenue generating activities. Rule making to proceed in 2012.

Filed 10/11/11 as WSR

11-21-021.


See also WSR

11-13-077.

Filed 5/31/11 as WSR

11-12-076.

Filed 1/4/12

as WSR

12-02-079


Public hearings

2/7/12 and

2/11/12.

Permanent rule adoption for child care centers, school age anticipated this period.


Fee increase for family home child care adopted in new chapter 170-296A WAC, WSR

11-23-068.

Nonexpiring child care licenses.


Chapter 297, Laws of 2011, RCW 43.215.060,

43.15.070 [43.215.070], and chapter 43.215 RCW.

Chapters

170-151,

170-295,

170-296, and

170-296A.

Implementing applicable provisions of SB 5625 creating a nonexpiring license and annual requirements for child care centers and family home child cares to continue a nonexpiring license.


EO 10-06 impact: Rules are required to implement new state law, and to protect public health, safety and welfare. Rule making to proceed in 2012.

Filed 9/15/11 as WSR

11-19-066.


See also

WSR

11-15-091.

Filed 5/31/11 as WSR

11-12-076.

Filed 1/4/12

as WSR

12-02-078.


Public hearings

2/7/12 and

2/11/12.

Permanent rule adoption for child care centers, school age programs anticipated this period.

Rules implementing SB 5625 for family home child care adopted in new chapter 170-296A WAC, WSR 11-23-068.

Civil fines; providing child care without a license.


Chapter 296, Laws of 2011, RCW 43.215.060,

43.215.070, chapter 43.215 RCW.

Chapters

170-151,

170-295,

170-296, and

170-296A.

Implementing provisions of SB 5504 revising civil fine amounts and notice requirements regarding individuals suspected of providing child care without a license, and civil fines for violating chapter 43.215 RCW or rules adopted pursuant to this statute.


EO 10-06 impact: Rules are required to implement new state law, and to protect public health, safety and welfare. Rule making to proceed in 2012.

Filed 12/1/11

as WSR

11-24-025.


See also

WSR

11-15-089.

Filed 5/31/11 as WSR

11-12-076.

Filed 1/4/12

as WSR

12-02-080.


Public hearings

2/7/12 and

2/11/12.

Permanent rule adoption for child care centers, school age programs anticipated this period.


Civil fine and unlicensed care rules for family home child care adopted in new chapter 170-296A WAC, WSR 11-23-068.

Minimum licensing requirements for child care centers.


RCW 43.215.060,

43.215.070,

chapter 43.215 RCW.

Chapter

170-295.

Review and update of rules for DEL-licensed child care centers. Rules have not been comprehensively updated since 2003 and do not reflect current law. Rules need to be updated for current child care health, safety and development research and practice.


EO 10-06 impact: Rules are necessary to protect public health, safety and welfare. Rule review planned to be initiated in 2012.

None. Filed 8/18/10

as WSR

10-18-006.

First informal input period 12/11 through 3/31/12.

To be determined. To be determined.
Child care centers, family home child care.


RCW 43.215.070, and chapter 43.215 RCW.

Chapters

170-295,

170-296A.

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 28, 2012, all cribs used in child care facilities must meet new national safety standards.


EO 10-06 impact: Rules are necessary to protect public, health, safety and welfare. Rule development to proceed in 2012.

None. Anticipated filing in this period. To be determined. To be determined for chapter 170-295 WAC.


Crib rules for family child care homes adopted in

new chapter 170-296A WAC, WSR

11-23-068.

Exclusion of ill children or staff in child care centers.


RCW 43.215.070,

chapter 43.215 RCW.

WAC 170-295-3030. Possible 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 may proceed in 2012.

None. Filed 8/18/10

as WSR

10-18-006.


Informal input period 12/11 through 1/31/12.

To be determined. To be determined.
Licensed family home child care standards.


RCW

43.215.060, 43.215.071,

43.215.350, and chapter 43.215 RCW.


Chapters 295, 296, 297, Laws of 2011, and chapter 50, Laws of 2011 1st sp. sess.

Chapter

170-296 (repeal), new chapter 170-296A.

Revising the family home child care chapter using a negotiated rule-making process consisting of licensed child care providers, the Service Employees International Union, parent and licensee advocates, Child Care Resource and Referral network and DEL staff. Adopting new chapter 170-296A WAC and repealing all sections of chapter 170-296 WAC.


Permanent rules adopted on 11/14/11 and effective 3/31/12. Rules also implement applicable provisions of 2011 SB 5625, SB 5504, HB 1903 and HB 1087.


EO 10-06 impact: Rules may proceed if developed using negotiated rule making, pilot rule making or a similar inclusive process.

None. Filed 12/1/06

as WSR

06-24-051.

Filed 4/20/11

as WSR 11-09-081.


Eight public hearings held in June/July 2011.

Filed 11/14/11 as WSR

11-23-068.


Permanent rules effective 3/31/12.

Department of early learning rules.


RCW 43.215.060, 43.215.070.

All chapters of Title 170. DEL may revise its rules to update names, cross 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 11-12-078. WCCC and SCC subsidy program rules. Permanent rules filed May 31, 2011, and effective July 1, 2011. Revising SCC subsidy rules to reflect joint implementation by DEL and the department of social and health services (DSHS).
WSR 11-18-001. WCCC and SCC subsidy program rules. Permanent rules filed August 24, 2011, and effective September 24, 2011. Amending rules regarding consumer income eligibility, program caps and waiting list, copayments, reapplication, allowable fees, and partial implementation of 2011 SB 5921 and recommendations from state and federal audits.
WSR 11-23-068. Adopting new chapter 170-296A WAC, Licensed family home child care standards, and repealing all sections of chapter 170-296 WAC. Permanent rules filed November 14, 2011, and effective March 31, 2011. Revising family home child care licensing rules using negotiated rule making as provided by RCW 43.215.350 and 34.05.310, and a process inclusive of licensees, the Services Employees International Union Local 925, parent and licensee advocates, the statewide Child Care Resource and Referral network and DEL staff.

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


EO 10-06, signed November 17, 2010, directs state executive agencies to suspend or eliminate "noncritical" rule development and adoption (extended through December 31, 2012 by EO 11-03). Guidance prepared by the state office of financial management (OFM) on implementing EO 10-06, says in part:


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 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 40970, Olympia, WA 98504-0970.

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 State Register.


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.

Washington State Code Reviser's Office