ECEAP age requirements

AN ACT Relating to age requirements for accessing the early 1
childhood education and assistance program; amending RCW 43.216.512 2
and 43.216.513; providing an effective date; and providing an 3
expiration date. 4
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:5
Sec. 1. RCW 43.216.512 and 2024 c 225 s 3 are each amended to 6
read as follows: 7
(1) The department shall adopt rules that allow the enrollment of 8
children who meet one or more of the following criteria in the early 9
childhood education and assistance program, as space is available if 10
the number of such children equals not more than twenty-five percent 11
of total statewide enrollment: 12
(a) The child's family income is above one hundred ten percent 13
but less than or equal to one hundred thirty percent of the federal 14
poverty level; 15
(b) The child's family income is above one hundred thirty percent 16
but less than or equal to two hundred percent of the federal poverty 17
level if the child meets at least one of the risk factor criterion 18
described in subsection (2) of this section; or 19
(c) Beginning November 1, 2024, the child is not eligible under 20
RCW 43.216.505 and is a member of an assistance unit that is eligible 21
H-0265.2
HOUSE BILL 1351
State of Washington 69th Legislature 2025 Regular Session
By Representatives Bernbaum, Eslick, Springer, Ormsby, Salahuddin,
Parshley, Hill, Doglio, Hunt, Pollet, Cortes, and Nance
Read first time 01/16/25. Referred to Committee on Early Learning &
Human Services.
p. 1 HB 1351
for or is receiving basic food benefits under the federal 1
supplemental nutrition assistance program or the state food 2
assistance program. 3
(2) Children enrolled in the early childhood education and 4
assistance program pursuant to subsection (1)(b) of this section must 5
be prioritized for available funded slots according to a 6
prioritization system adopted in rule by the department that 7
considers risk factors that have a disproportionate effect on 8
kindergarten readiness and school performance, including:9
(a) Family income as a percent of the federal poverty level;10
(b) Homelessness; 11
(c) Child welfare system involvement; 12
(d) Developmental delay or disability that does not meet the 13
eligibility criteria for special education described in RCW 14
28A.155.020; 15
(e) Domestic violence; 16
(f) English as a second language; 17
(g) Expulsion from an early learning setting; 18
(h) A parent who is incarcerated; 19
(i) A parent with a substance use disorder or mental health 20
treatment need; and 21
(j) Other risk factors determined by the department to be linked 22
by research to school performance. 23
(3) The department shall adopt rules that allow a child to enroll 24
in the early childhood education and assistance program, as space is 25
available, when the child is not eligible under RCW 43.216.505 and 26
the child turns three years old at any time during the school year 27
when the child: 28
(a)(i) Has a family income at or below two hundred percent of the 29
federal poverty level or meets at least one risk factor criterion 30
adopted by the department in rule; and 31
(((b))) (ii) Has received services from or participated in:32
(((i))) (A) The early support for infants and toddlers program;33
(((ii))) (B) The early head start or a successor federal program 34
providing comprehensive services for children from birth through two 35
years of age; or 36
(((iii))) (C) The birth to three early childhood education and 37
assistance program, if such a program is established; or38
(b) Meets the definition of eligible child under RCW 43.216.505 39
aside from age criteria under that definition. 40
p. 2 HB 1351
(4) Children enrolled in the early childhood education and 1
assistance program under this section are not considered eligible 2
children as defined in RCW 43.216.505 and are not considered to be 3
part of the state-funded entitlement required in RCW 43.216.556.4
Sec. 2. RCW 43.216.513 and 2021 c 199 s 206 are each amended to 5
read as follows: 6
(1) The department shall adopt rules that allow a child to enroll 7
in the early childhood education and assistance program, as space is 8
available and subject to the availability of amounts appropriated for 9
this specific purpose, when the child is not eligible under RCW 10
43.216.505 and the child turns three years old at any time during the 11
school year when the child: 12
(a)(i) Has a family income at or below 50 percent of the state 13
median income or meets at least one risk factor criterion adopted by 14
the department in rule; and 15
(((b))) (ii) Has received services from or participated in:16
(((i))) (A) The early head start or a successor federal program 17
providing comprehensive services for children from birth through two 18
years of age; 19
(((ii))) (B) The early support for infants and toddlers program 20
or received class C developmental services; 21
(((iii))) (C) The birth to three early childhood education and 22
assistance program; or 23
(((iv))) (D) The early childhood intervention and prevention 24
services program; or25
(b) Meets the definition of eligible child under RCW 43.216.505 26
aside from age criteria under that definition. 27
(2) Children enrolled in the early childhood education and 28
assistance program under this section are not eligible children as 29
defined in RCW 43.216.505 and are not part of the state-funded 30
entitlement required in RCW 43.216.556. 31
NEW SECTION. Sec. 3. Section 1 of this act expires July 1, 32
2026.33
NEW SECTION. Sec. 4. Section 2 of this act takes effect July 1, 34
2026.35
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