Foster care/scholarships

AN ACT Relating to creating school choice with empowerED 1
scholarships for foster care students using educational savings 2
accounts; amending RCW 28A.225.350; reenacting and amending RCW 3
43.79A.040 and 43.79A.040; adding a new section to chapter 28B.77 4
RCW; adding a new chapter to Title 28A RCW; adding a new chapter to 5
Title 82 RCW; creating new sections; providing an effective date; and 6
providing an expiration date. 7
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:8
NEW SECTION. Sec. 1. (1) Article IX, section 1 of the state 9
Constitution makes clear that it is the paramount duty of the state 10
to make ample provision for the education of all children residing 11
within its borders, without distinction or preference on account of 12
race, color, caste, or sex. The legislature finds that among the most 13
vulnerable populations in our state are children in the foster care 14
system. Students who are the subject of a dependency proceeding face 15
unique educational challenges and barriers that require specialized 16
support and flexibility. Research consistently shows that students in 17
foster care experience higher rates of school mobility, disrupted 18
educational services, lower academic achievement, and reduced 19
graduation rates compared to their peers.20
H-3298.1
HOUSE BILL 2719
State of Washington 69th Legislature 2026 Regular Session
By Representatives Marshall, Couture, and Stuebe
Read first time 02/03/26. Referred to Committee on Education.
p. 1 HB 2719
(2) The legislature recognizes that foster care students often 1
face circumstances that make traditional public school settings 2
challenging, including frequent placement changes, trauma, special 3
education needs, and the need for therapeutic services. While the 4
public school system strives to meet these needs, not every foster 5
care student thrives in a traditional public school environment. 6
Parents, foster parents, and caregivers should have access to 7
educational options that best meet the unique needs of the foster 8
care students in their care. 9
(3) Students in foster care are among the most disadvantaged 10
students in Washington's education system. According to the office of 11
the superintendent of public instruction, foster care students 12
consistently perform below state averages on standardized assessments 13
and have significantly lower graduation rates. These students deserve 14
every opportunity and resource to succeed academically and reach 15
their full potential. Providing educational choice through education 16
savings accounts specifically targeted to foster care students offers 17
a pathway to individualized education that can address their unique 18
circumstances and trauma-informed needs. 19
(4) The legislature acknowledges that the circumstances of foster 20
care students are particularly unstable and challenging. Students may 21
be removed from their homes with little notice, placed in multiple 22
foster homes during their time in care, and face uncertainty about 23
their future. This instability profoundly impacts their education. 24
Allowing funding to follow foster care students ensures continuity of 25
educational services regardless of placement changes and gives foster 26
parents and caregivers the tools they need to provide stability in at 27
least one aspect of these students' lives. 28
(5) The legislature understands that some families may choose 29
religious private schools for foster care students. However, the 30
United States supreme court has made it clear through two recent 31
cases, Carson v. Makin , 596 U.S. 767 (2022) and Espinoza v. Montana 32
Department of Revenue , 591 U.S. 464 (2020), that if the government 33
creates a program, it cannot then discriminate against religious 34
institutions' participation. This is not a new concept for Washington 35
state. This state has a history of providing education funding 36
support in private religious institutions, specifically for 37
postsecondary education programs. 38
(6) The legislature finds that focusing educational choice 39
programs on the most vulnerable students, such as those in foster 40
p. 2 HB 2719
care, represents sound public policy. These students have already 1
experienced trauma and instability in their lives, and the state has 2
a particular responsibility as parens patriae to ensure they receive 3
educational opportunities suited to their unique needs. This targeted 4
approach ensures limited resources are directed to students with the 5
greatest need while allowing the system to assess outcomes before 6
considering broader expansion. 7
(7) Therefore, the legislature intends to allow the money 8
invested in foster care students to follow the student by 9
establishing the empowerED scholarship program for foster care 10
students. The program will fund education savings accounts for 11
students who are in foster care or who have aged out of foster care. 12
Parents, foster parents, and caregivers who apply for the scholarship 13
on behalf of eligible students are legally required to only use the 14
funds for education-related expenses. The legislature intends to make 15
the funds accessible with the use of a debit card managed by the 16
state with oversight capability so that the system can be audited. 17
The fund is intended to receive revenue from the legislature, as well 18
as a business and occupation tax credit, so businesses can provide 19
direct support to students. This measure will empower those caring 20
for foster care students to do what is best for these vulnerable 21
children while also meeting the state's moral and constitutional 22
obligation to put our most vulnerable students first.23
NEW SECTION. Sec. 2. The definitions in this section apply 24
throughout this chapter unless the context clearly requires 25
otherwise.26
(1) "Agreement" means a written agreement between the council and 27
the parent of an eligible student that establishes the obligations of 28
the parent and the council. 29
(2) "Council" means the student achievement council created under 30
chapter 28B.77 RCW. 31
(3) "Eligible student" means a foster care student who:32
(a) Is residing in Washington; 33
(b) Is at least five years of age and less than 21 years of age; 34
and 35
(c) Is not ineligible to attend a public school in the state.36
(4) "EmpowerED scholarship program" means the Washington 37
education savings account program for foster care students 38
established under this chapter. 39
p. 3 HB 2719
(5) "Foster care student" means a student who: 1
(a) Is the subject of a dependency proceeding under chapter 13.34 2
RCW; 3
(b) Is the subject of a federally recognized tribal court shelter 4
care or dependency order that is the equivalent of a shelter care or 5
dependency order issued pursuant to chapter 13.34 RCW;6
(c) Is eligible for benefits under the federal foster care system 7
as defined in RCW 28B.117.020; or 8
(d) Has been emancipated from foster care pursuant to chapter 9
13.64 RCW and is under 21 years of age. 10
(6) "Home-based instruction" has the meaning as described in RCW 11
28A.225.010. 12
(7) "Parent" means a biological or adoptive parent, foster 13
parent, guardian, or other person having legal or physical custody of 14
an eligible student. 15
(8) "Participating student" means an eligible student whose 16
parent has submitted a signed agreement to the council.17
(9) "Participating student's account" means a Washington 18
education savings account accessible by the parent of a participating 19
student. 20
(10) "Private school" means a school approved under chapter 21
28A.195 RCW. 22
(11) "Public school" has the same meaning as in RCW 28A.150.010.23
(12) "Qualified expenses" means those enumerated in section 3 of 24
this act. 25
(13) "Scholarship" means the amount of money deposited by the 26
council into a participating student's account. 27
(14) "Student with a disability" means an eligible student who 28
has been evaluated and determined to need special education and 29
related services under the federal individuals with disabilities 30
education act, Title 20 U.S.C. Sec. 1400 et seq. 31
NEW SECTION. Sec. 3. Qualified expenses means expenses related 32
to the education of a participating student for which money in a 33
participating student's account may be used, for example:34
(1) Tuition, fees, or both at a private school;35
(2) Textbooks required by a private school; 36
(3) Tutoring and other services with a direct nexus to academics;37
(4) Curricula and other materials necessary to provide home-based 38
instruction; 39
p. 4 HB 2719
(5) Tuition, fees, or both for a private online learning program;1
(6) Fees for nationally standardized norm-referenced achievement 2
tests, advanced placement examinations, and any examinations related 3
to college or university admission; 4
(7) Uniforms required to attend a private school;5
(8) Costs for annual standardized testing or the academic 6
progress assessment required under RCW 28A.200.010 for participating 7
students receiving home-based instruction; 8
(9) Educational services and related therapies, services, and 9
supports, including assistive technology devices and services;10
(10) Expenses associated with participating in classes or 11
extracurricular activities, including athletics, at a public school;12
(11) Postsecondary education and workforce program costs;13
(12) Computer hardware and technological devices primarily used 14
for an educational purpose, which may include calculators, personal 15
computers, laptops, tablet devices, microscopes, telescopes, and 16
printers. The following technological devices are not qualified 17
expenses: Entertainment and other primarily noneducational devices, 18
for example, televisions, telephones, video game consoles and 19
accessories, and home theater and audio equipment;20
(13) Expenses related to transporting a participating student to 21
and from educational activities and services, and related therapies 22
and services; and 23
(14) Consumer goods not otherwise listed in this subsection, 24
whether consumable or nonconsumable, primarily used for an 25
educational purpose. 26
NEW SECTION. Sec. 4. (1) The empowerED scholarship program for 27
foster care students is established to assist parents with the 28
qualifying educational expenses of eligible students.29
(2) The council shall administer the empowerED scholarship 30
program as required by this chapter. 31
(3)(a) On an annual basis, the council shall calculate 32
scholarship amounts as described in (b) and (c) of this subsection 33
(3) and deposit scholarships in participating students' accounts 34
until funds in the empowerED scholarship program account created in 35
section 11 of this act are exhausted or nearly exhausted.36
(b)(i) The maximum scholarship amount for participating students 37
without disabilities is $12,700. 38
p. 5 HB 2719
(ii) The maximum scholarship amount for participating students 1
with disabilities is the sum of (b)(ii)(A) and (B) of this subsection 2
(3): 3
(A) $10,700 multiplied by the special education cost multiplier 4
rate identified under RCW 28A.150.390(2)(b)(i)(A)(I); and5
(B) $12,700. 6
(iii) Beginning with fiscal year 2027, the maximum scholarship 7
amounts identified in (b)(i) and (ii) of this subsection (3) must be 8
adjusted annually for inflation as measured by the consumer price 9
index. 10
(c) All eligible students must receive the maximum scholarship 11
amount identified in (b) of this subsection (3) appropriate to their 12
disability status. 13
(4) The council shall prioritize scholarships to eligible 14
students in the following order: 15
(a) First, to eligible students who participated in the empowerED 16
scholarship program during the prior school year; 17
(b) Second, to eligible students who are the siblings of 18
participating students, where "sibling" means both an eligible 19
student who shares at least one biological or legal parent with 20
another eligible student and an eligible student who is the subject 21
of a dependency proceeding as defined in RCW 28A.150.510 and who 22
resides in the same household as another eligible student; and23
(c) Third, to all other eligible students. 24
(5) The council shall adopt rules under chapter 34.05 RCW for the 25
administration of the empowerED scholarship program.26
NEW SECTION. Sec. 5. (1) To apply for the empowerED scholarship 27
program, the parent of an eligible student must submit an application 28
to the council in the manner and by the deadline set by the council.29
(2) For an eligible student to participate in the empowerED 30
scholarship program, the parent of the participating student must 31
enter into a written agreement with the council that obligates the 32
parent to: 33
(a) Withdraw from or not enroll in the public school the 34
participating student attends or is eligible to attend, and release 35
the public school and, if applicable, the school district, from all 36
obligations to provide an education, and educational and related 37
services, to the participating student; 38
p. 6 HB 2719
(b) Enroll the participating student in a private school or 1
adhere to the home-based instruction requirements of RCW 28A.225.010 2
and 28A.200.010; 3
(c) Use the scholarship and any interest that may accrue in the 4
participating student's account only for qualified expenses of the 5
participating student as provided in section 3 of this act; and6
(d) Maintain documentation of all expenses paid using the 7
participating student's account and provide the documentation of the 8
expenses to the council upon request. 9
(3)(a) The parent of a participating student may terminate the 10
agreement entered into under this section by notifying the council in 11
the manner specified by the council. 12
(b) An agreement entered into under this section terminates 13
automatically if the participating student is no longer an eligible 14
student. 15
(c) Any money remaining in a participating student's account that 16
is terminated under this subsection (3) reverts to the council to be 17
redeposited to the empowerED scholarship program account created in 18
section 11 of this act. 19
NEW SECTION. Sec. 6. (1) Parents and private schools that 20
accept scholarships from the empowerED scholarship program are not 21
agents of the state or federal government and must be given maximum 22
freedom to provide for the educational needs of participating 23
students without governmental control.24
(2) Private schools must not be required to alter their creed, 25
practices, admissions policies, or curricula in order to admit 26
participating students whose parents pay tuition or fees using 27
empowerED scholarships. 28
(3) Nothing in this chapter may be construed to expand the 29
regulatory authority of the state, the council, the state board of 30
education, the office of the superintendent of public instruction, or 31
any of their officers, to impose any additional regulations on 32
private schools or parents providing home-based instruction beyond 33
those necessary to enforce the requirements of the empowerED 34
scholarship program. 35
NEW SECTION. Sec. 7. The empowerED scholarship program is 36
intended to supplement, and not replace or reduce, existing foster 37
care education support programs including, but not limited to, the 38
p. 7 HB 2719
passport to careers program under chapter 28B.117 RCW, the foster 1
care scholarship endowment fund under RCW 28B.116.060, and any other 2
state or federal foster care education benefits. Participation in the 3
empowerED scholarship program does not affect a student's eligibility 4
for other foster care education programs for which the student may 5
qualify. 6
NEW SECTION. Sec. 8. (1) The council shall establish a process 7
to receive comments from parents about the empowerED scholarship 8
program, including the management of the participating students' 9
accounts.10
(2) The council shall establish a process to receive student 11
assessment or other outcome data submitted by the parents of 12
participating students. Parents are not required to submit student 13
assessment or other outcome data. 14
(3) The council shall annually notify the parents of 15
participating students of the processes established under this 16
section. 17
NEW SECTION. Sec. 9. (1) Annually by November 1st, and in 18
accordance with RCW 43.01.036, the council shall submit to the 19
appropriate committees of the legislature a report on the empowerED 20
scholarship program.21
(2) The report must include the following information from the 22
prior school year: 23
(a) The number of participating students and the number of 24
applicants, disaggregated by grade level, gender, race, and ethnicity 25
as described in RCW 28A.300.042(1), resident school district or other 26
geographical region, disability status, if any, and other relevant 27
characteristics; 28
(b) The amount of money deposited in the participating students' 29
accounts at the beginning of the school year and the amount of money 30
remaining in the accounts at the end of the school year;31
(c) A summary of student assessment or other outcome data 32
submitted by the parents of participating students though the process 33
established under section 8 of this act, for example the number of 34
assessments submitted, the types of assessments submitted, and the 35
percentage of participating students who met standard on the 36
submitted assessments; 37
p. 8 HB 2719
(d) A summary of any comments from parents about the program 1
received through the process established under section 8 of this act, 2
and a summary of how the council is responding to the comments;3
(e) Information on any entity contracted to manage the 4
participating students' accounts as permitted under section 10 of 5
this act; and 6
(f) Information on whether the program or any of its accounts, 7
including participating students' accounts and the empowerED 8
scholarship program account, have been audited and the results of the 9
audit. 10
NEW SECTION. Sec. 10. (1) The council may contract for the 11
management of the participating students' accounts.12
(2) The manager of the accounts must comply with generally 13
accepted accounting principles and may charge reasonable fees for the 14
management of participating students' accounts. 15
(3) The manager of the participating students' accounts may use 16
the money in the accounts to earn interest. 17
(4) The parent of a participating student must be able to access 18
the money in the participating student's account using a debit card 19
or other electronic means. 20
(5) The empowerED scholarship program and all accounts, including 21
participating students' accounts and the empowerED scholarship 22
program account, are subject to audit by the state auditor's office 23
and by an independent public accounting firm retained by the council 24
for this purpose. 25
NEW SECTION. Sec. 11. The empowerED scholarship program account 26
is created in the custody of the state treasurer. All receipts from 27
transfers made by the legislature, contributions received by 28
taxpayers utilizing the education choice tax credit created in 29
section 14 of this act, moneys received from gifts, grants, and 30
bequests, and interest earned on the fund must be deposited in the 31
account. Expenditures from the account may be used only for the 32
purposes within this chapter. Only the executive director of the 33
council or the director's designee may authorize expenditures from 34
the account. Moneys within the account may not be appropriated into 35
any other fund or account. The account is subject to the allotment 36
procedures under chapter 43.88 RCW, but an appropriation is not 37
required for expenditures.38
p. 9 HB 2719
Sec. 12. RCW 43.79A.040 and 2025 c 399 s 13 and 2025 c 190 s 3 1
are each reenacted and amended to read as follows: 2
(1) Money in the treasurer's trust fund may be deposited, 3
invested, and reinvested by the state treasurer in accordance with 4
RCW 43.84.080 in the same manner and to the same extent as if the 5
money were in the state treasury, and may be commingled with moneys 6
in the state treasury for cash management and cash balance purposes.7
(2) All income received from investment of the treasurer's trust 8
fund must be set aside in an account in the treasury trust fund to be 9
known as the investment income account. 10
(3) The investment income account may be utilized for the payment 11
of purchased banking services on behalf of treasurer's trust funds 12
including, but not limited to, depository, safekeeping, and 13
disbursement functions for the state treasurer or affected state 14
agencies. The investment income account is subject in all respects to 15
chapter 43.88 RCW, but no appropriation is required for payments to 16
financial institutions. Payments must occur prior to distribution of 17
earnings set forth in subsection (4) of this section.18
(4)(a) Monthly, the state treasurer must distribute the earnings 19
credited to the investment income account to the state general fund 20
except under (b), (c), and (d) of this subsection.21
(b) The following accounts and funds must receive their 22
proportionate share of earnings based upon each account's or fund's 23
average daily balance for the period: The 24/7 sobriety account, the 24
Washington promise scholarship account, the Gina Grant Bull memorial 25
legislative page scholarship account, the Rosa Franklin legislative 26
internship program scholarship account, the Washington advanced 27
college tuition payment program account, the Washington college 28
savings program account, the empowerED scholarship program account, 29
the accessible communities account, the Washington achieving a better 30
life experience program account, the Washington career and college 31
pathways innovation challenge program account, the community and 32
technical college innovation account, the agricultural local fund, 33
the American Indian scholarship endowment fund, the behavioral health 34
loan repayment and scholarship program account, the Billy Frank Jr. 35
national statuary hall collection fund, the foster care scholarship 36
endowment fund, the foster care endowed scholarship trust fund, the 37
contract harvesting revolving account, the Washington state combined 38
fund drive account, the county 911 excise tax account, the county 39
road administration board emergency loan account, the toll collection 40
p. 10 HB 2719
account, the developmental disabilities endowment trust fund, the 1
energy account, the energy facility site evaluation council account, 2
the fair fund, the family and medical leave insurance account, the 3
Fern Lodge maintenance account, the fish and wildlife federal lands 4
revolving account, the natural resources federal lands revolving 5
account, the food animal veterinarian conditional scholarship 6
account, the forest health revolving account, the fruit and vegetable 7
inspection account, the educator conditional scholarship account, the 8
game farm alternative account, the GET ready for math and science 9
scholarship account, the Washington global health technologies and 10
product development account, the grain inspection revolving fund, the 11
Washington history day account, the industrial insurance rainy day 12
fund, the law enforcement officers' and firefighters' plan 2 expense 13
fund, the local tourism promotion account, the low-income home 14
rehabilitation account, the medication for people living with HIV 15
rebate revenue account, the homeowner recovery account, the 16
multiagency permitting team account, the northeast Washington wolf-17
livestock management account, the pollution liability insurance 18
program trust account, the public use general aviation airport loan 19
revolving account, the regional transportation investment district 20
account, the rural rehabilitation account, the Washington sexual 21
assault kit account, the stadium and exhibition center account, the 22
youth athletic facility account, the self-insurance revolving fund, 23
the children's trust fund, the Washington horse racing commission 24
Washington bred owners' bonus fund and breeder awards account, the 25
Washington horse racing commission class C purse fund account, the 26
individual development account program account, the Washington horse 27
racing commission operating account, the life sciences discovery 28
fund, the Washington state library-archives building account, the 29
reduced cigarette ignition propensity account, the center for deaf 30
and hard of hearing youth account, the school for the blind account, 31
the public employees' and retirees' insurance reserve fund, the 32
school employees' benefits board insurance reserve fund, the public 33
employees' and retirees' insurance account, the school employees' 34
insurance account, the long-term services and supports trust account, 35
the radiation perpetual maintenance fund, the Indian health 36
improvement reinvestment account, the department of licensing tuition 37
recovery trust fund, the student achievement council tuition recovery 38
trust fund, the tuition recovery trust fund, the industrial insurance 39
premium refund account, the mobile home park relocation fund, the 40
p. 11 HB 2719
natural resources deposit fund, the Washington state health insurance 1
pool account, the federal forest revolving account, the Washington 2
saves administrative trust account, and the library operations 3
account. 4
(c) The following accounts and funds must receive 80 percent of 5
their proportionate share of earnings based upon each account's or 6
fund's average daily balance for the period: The advance right-of-way 7
revolving fund, the advanced environmental mitigation revolving 8
account, the federal narcotics asset forfeitures account, the high 9
occupancy vehicle account, the local rail service assistance account, 10
and the miscellaneous transportation programs account.11
(d) Any state agency that has independent authority over accounts 12
or funds not statutorily required to be held in the custody of the 13
state treasurer that deposits funds into a fund or account in the 14
custody of the state treasurer pursuant to an agreement with the 15
office of the state treasurer shall receive its proportionate share 16
of earnings based upon each account's or fund's average daily balance 17
for the period. 18
(5) In conformance with Article II, section 37 of the state 19
Constitution, no trust accounts or funds shall be allocated earnings 20
without the specific affirmative directive of this section.21
Sec. 13. RCW 43.79A.040 and 2025 c 399 s 14 and 2025 c 190 s 4 22
are each reenacted and amended to read as follows:23
(1) Money in the treasurer's trust fund may be deposited, 24
invested, and reinvested by the state treasurer in accordance with 25
RCW 43.84.080 in the same manner and to the same extent as if the 26
money were in the state treasury, and may be commingled with moneys 27
in the state treasury for cash management and cash balance purposes.28
(2) All income received from investment of the treasurer's trust 29
fund must be set aside in an account in the treasury trust fund to be 30
known as the investment income account. 31
(3) The investment income account may be utilized for the payment 32
of purchased banking services on behalf of treasurer's trust funds 33
including, but not limited to, depository, safekeeping, and 34
disbursement functions for the state treasurer or affected state 35
agencies. The investment income account is subject in all respects to 36
chapter 43.88 RCW, but no appropriation is required for payments to 37
financial institutions. Payments must occur prior to distribution of 38
earnings set forth in subsection (4) of this section.39
p. 12 HB 2719
(4)(a) Monthly, the state treasurer must distribute the earnings 1
credited to the investment income account to the state general fund 2
except under (b), (c), and (d) of this subsection. 3
(b) The following accounts and funds must receive their 4
proportionate share of earnings based upon each account's or fund's 5
average daily balance for the period: The 24/7 sobriety account, the 6
Washington promise scholarship account, the Gina Grant Bull memorial 7
legislative page scholarship account, the Rosa Franklin legislative 8
internship program scholarship account, the Washington advanced 9
college tuition payment program account, the Washington college 10
savings program account, the empowerED scholarship program account, 11
the accessible communities account, the Washington achieving a better 12
life experience program account, the Washington career and college 13
pathways innovation challenge program account, the community and 14
technical college innovation account, the agricultural local fund, 15
the American Indian scholarship endowment fund, the behavioral health 16
loan repayment and scholarship program account, the Billy Frank Jr. 17
national statuary hall collection fund, the foster care scholarship 18
endowment fund, the foster care endowed scholarship trust fund, the 19
contract harvesting revolving account, the Washington state combined 20
fund drive account, the county 911 excise tax account, the county 21
road administration board emergency loan account, the toll collection 22
account, the developmental disabilities endowment trust fund, the 23
energy account, the energy facility site evaluation council account, 24
the fair fund, the family and medical leave insurance account, the 25
Fern Lodge maintenance account, the fish and wildlife federal lands 26
revolving account, the natural resources federal lands revolving 27
account, the food animal veterinarian conditional scholarship 28
account, the forest health revolving account, the fruit and vegetable 29
inspection account, the educator conditional scholarship account, the 30
game farm alternative account, the GET ready for math and science 31
scholarship account, the Washington global health technologies and 32
product development account, the grain inspection revolving fund, the 33
Washington history day account, the industrial insurance rainy day 34
fund, the law enforcement officers' and firefighters' plan 2 expense 35
fund, the local tourism promotion account, the low-income home 36
rehabilitation account, the medication for people living with HIV 37
rebate revenue account, the homeowner recovery account, the 38
multiagency permitting team account, the northeast Washington wolf-39
livestock management account, the public use general aviation airport 40
p. 13 HB 2719
loan revolving account, the regional transportation investment 1
district account, the rural rehabilitation account, the Washington 2
sexual assault kit account, the stadium and exhibition center 3
account, the youth athletic facility account, the self-insurance 4
revolving fund, the children's trust fund, the Washington horse 5
racing commission Washington bred owners' bonus fund and breeder 6
awards account, the Washington horse racing commission class C purse 7
fund account, the individual development account program account, the 8
Washington horse racing commission operating account, the life 9
sciences discovery fund, the Washington state library-archives 10
building account, the reduced cigarette ignition propensity account, 11
the center for deaf and hard of hearing youth account, the school for 12
the blind account, the public employees' and retirees' insurance 13
reserve fund, the school employees' benefits board insurance reserve 14
fund, the public employees' and retirees' insurance account, the 15
school employees' insurance account, the long-term services and 16
supports trust account, the radiation perpetual maintenance fund, the 17
Indian health improvement reinvestment account, the department of 18
licensing tuition recovery trust fund, the student achievement 19
council tuition recovery trust fund, the tuition recovery trust fund, 20
the industrial insurance premium refund account, the mobile home park 21
relocation fund, the natural resources deposit fund, the Washington 22
state health insurance pool account, the federal forest revolving 23
account, the Washington saves administrative trust account, and the 24
library operations account. 25
(c) The following accounts and funds must receive 80 percent of 26
their proportionate share of earnings based upon each account's or 27
fund's average daily balance for the period: The advance right-of-way 28
revolving fund, the advanced environmental mitigation revolving 29
account, the federal narcotics asset forfeitures account, the high 30
occupancy vehicle account, the local rail service assistance account, 31
and the miscellaneous transportation programs account.32
(d) Any state agency that has independent authority over accounts 33
or funds not statutorily required to be held in the custody of the 34
state treasurer that deposits funds into a fund or account in the 35
custody of the state treasurer pursuant to an agreement with the 36
office of the state treasurer shall receive its proportionate share 37
of earnings based upon each account's or fund's average daily balance 38
for the period. 39
p. 14 HB 2719
(5) In conformance with Article II, section 37 of the state 1
Constitution, no trust accounts or funds shall be allocated earnings 2
without the specific affirmative directive of this section.3
NEW SECTION. Sec. 14. Beginning January 1, 2027, a credit equal 4
to 100 percent of contributions to the empowerED scholarship program 5
or the empowerED scholarship program account is allowed against taxes 6
imposed by chapters 82.04 and 82.16 RCW.7
NEW SECTION. Sec. 15. (1) Applications for tax credits under 8
this chapter must be submitted to the department before making a 9
contribution to the empowerED scholarship program or to the empowerED 10
scholarship program account. The application must be made to the 11
department in a form and manner prescribed by the department. The 12
application must contain information regarding the proposed amount of 13
contribution to the empowerED scholarship program or the empowerED 14
scholarship program account and other information required by the 15
department to determine eligibility under this chapter. The 16
department must rule on the application within 30 days. Applications 17
must be approved on a first-come basis.18
(2) The department may not accept any applications before the 19
second Monday in January of each calendar year. 20
(3) A taxpayer approved for a credit as provided in this act, 21
must send the total approved contribution by November 15th of the 22
calendar year in which the application is approved. If November 15th 23
falls upon a Saturday, Sunday, or legal holiday, the payment of the 24
contribution will be considered timely if sent on the next business 25
day. 26
(4)(a) A taxpayer that does not make an approved contribution as 27
required in subsection (1) of this section forfeits all credits for 28
the approved contribution. 29
(b) The department must make credits forfeited as provided in (a) 30
of this subsection available to new applicants. 31
(c) A taxpayer that was approved for credit as provided in this 32
chapter after November 15th must make the total approved contribution 33
by the end of the calendar year in which the contribution was 34
approved. 35
(5) The credit claimed may not exceed the tax that would 36
otherwise be due under chapters 82.04 and 82.16 RCW. Refunds may not 37
be granted in the place of credits. Any amount of credit earned under 38
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this section not claimed by the taxpayer in one calendar year may be 1
carried forward for no more than two calendar years immediately 2
following the year that the credit was earned. 3
NEW SECTION. Sec. 16. (1) The total credits allowed under this 4
chapter for contributions made to the empowerED scholarship program 5
or the empowerED scholarship program account may not exceed 6
$300,000,000 in a calendar year.7
(2) The department must keep a running total of all credits 8
approved under this chapter for each calendar year.9
(3) If approved contributions in a calendar year exceed 90 10
percent of total allowable credits, the total allowable credit amount 11
must be increased by 10 percent beginning with the calendar year 12
immediately following the calendar year in which the contributions 13
exceed 90 percent. 14
NEW SECTION. Sec. 17. No taxpayer may claim a credit against 15
taxes due under both chapter 82.04 and 82.16 RCW for the same 16
contribution.17
NEW SECTION. Sec. 18. For purposes of this chapter, the 18
following definitions apply:19
(1) "Applicant" means a person applying for a tax credit under 20
this chapter. 21
(2) "Approved contribution" means cash contributions to the 22
empowerED scholarship program or the empowerED scholarship program 23
account which have been approved pursuant to the department's 24
application requirements. 25
(3) "EmpowerED scholarship program" means the Washington 26
educational savings account program for foster care students 27
established in section 4 of this act. 28
(4) "EmpowerED scholarship program account" means the empowerED 29
scholarship program account created under section 11 of this act.30
NEW SECTION. Sec. 19. The superintendent of public instruction 31
must provide information to the department to administer this 32
chapter.33
NEW SECTION. Sec. 20. Chapter 82.32 RCW applies to the 34
administration of this chapter.35
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NEW SECTION. Sec. 21. A new section is added to chapter 28B.77 1
RCW to read as follows: 2
The council shall administer the empowerED scholarship program 3
established under section 4 of this act. 4
Sec. 22. RCW 28A.225.350 and 2022 c 78 s 4 are each amended to 5
read as follows: 6
(1)(a) The protocols required by RCW 74.13.560 for making best 7
interest determinations for students who are the subject of a 8
dependency proceeding pursuant to chapter 13.34 RCW must comply with 9
the provisions of this section. 10
(b) The requirements of this section, and the development 11
protocols described in RCW 74.13.560 for making best interest 12
determinations for students who are the subject of a dependency 13
proceeding pursuant to chapter 13.34 RCW, may also be applied to 14
students who are the subject of a federally recognized tribal court 15
shelter care or dependency order that is the equivalent of a shelter 16
care or dependency order issued pursuant to chapter 13.34 RCW, and 17
students who are eligible for benefits under the federal foster care 18
system as defined in RCW 28B.117.020. 19
(2)(a) Best interest determinations should be made as quickly as 20
possible in order to prevent educational discontinuity for the 21
student. 22
(b) When making best interest determinations, every effort should 23
be made to gather meaningful input from relevant and appropriate 24
persons on their perspectives regarding which school the student 25
should attend while the subject of a dependency proceeding, 26
consistent with the student's case plan. Relevant and appropriate 27
persons include: 28
(i) Representatives of the department of children, youth, and 29
families for students who are the subject of a dependency proceeding 30
pursuant to chapter 13.34 RCW, or representatives of other applicable 31
child welfare agencies; 32
(ii) Representatives of the school of origin, such as a teacher, 33
counselor, coach, or other meaningful person in the student's life;34
(iii) Biological parents; 35
(iv) Foster parents; 36
(v) Educational liaisons identified under RCW 13.34.045;37
(vi) The student's relatives; and 38
(vii) Depending on the student's age, the student.39
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(3) In accordance with RCW 74.13.550, whenever practical and in 1
their best interest, students who are the subject of a dependency 2
proceeding must remain enrolled in their school of origin.3
(4) Student-centered factors must be used to determine what is in 4
a student's best interest. In order to make a well-informed best 5
interest determination, a variety of student-centered factors should 6
be considered, including: 7
(a) How long is the student's current care placement expected to 8
last? 9
(b) What is the student's permanency plan and how does it relate 10
to school stability? 11
(c) How many schools has the student attended in the current 12
year? 13
(d) How many schools has the student attended over the past few 14
years? 15
(e) Considering the impacts of past transfers, how may 16
transferring to a new school impact the student academically, 17
emotionally, physically, and socially? 18
(f) What are the immediate and long-term educational plans of, 19
and for, the student? 20
(g) How strong is the student academically? 21
(h) If the student has special needs, what impact will 22
transferring to a new school have on the student's progress and 23
services? 24
(i) To what extent are the programs and activities at the 25
potential new school comparable to, or more appropriate than, those 26
at the school of origin? 27
(j) Does one school have programs and activities that address the 28
unique needs or interests of the student that the other school does 29
not have? 30
(k) Which school does the student prefer? 31
(l) How deep are the student's ties to the student's school of 32
origin? 33
(m) Would the timing of the school transfer coincide with a 34
logical juncture, such as after testing, after an event that is 35
significant to the student, or at the end of the school year?36
(n) How would changing schools affect the student's ability to 37
earn full academic credit, participate in sports or other 38
extracurricular activities, proceed to the next grade, or graduate on 39
time? 40
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(o) How would the commute to the school under consideration 1
impact the student, in terms of distance, mode of transportation, and 2
travel time? 3
(p) How anxious is the student about having been removed from the 4
home or about any upcoming moves? 5
(q) What school does the student's sibling attend?6
(r) Are there safety issues to consider? 7
(s) Would the availability of the empowerED scholarship program 8
established in section 4 of this act make private school or another 9
alternative to traditional public school the best option for the 10
student?11
(5) The student must remain in the student's school of origin 12
while a best interest determination is made and while disputes are 13
resolved in order to minimize disruption and reduce the number of 14
school transfers. 15
(6) School districts are encouraged to use any:16
(a) Best interest determination guide developed by the office of 17
the superintendent of public instruction during the discussion about 18
the advantages and disadvantages of keeping the student in the school 19
of origin or transferring the student to a new school; and20
(b) Dispute resolution process developed by the office of the 21
superintendent of public instruction when there is a disagreement 22
about school placement, a best interest determination, or a dispute 23
between agencies. 24
(7) The special education services of a student must not be 25
interrupted by a transfer to a new school. 26
(8)(a) If the student's care placement changes to an area served 27
by another school district, and it is determined to be in the best 28
interest of the student to remain in the school of origin, the school 29
district of origin and the school district in which the student is 30
living shall agree upon a method to apportion the responsibility and 31
costs for providing the student with transportation to and from the 32
school of origin. If the school districts are unable to agree upon an 33
apportionment method, the responsibility and costs for transportation 34
shall be shared equally between the districts. 35
(b) In accordance with this subsection, the department of 36
children, youth, and families will reimburse school districts for 37
half of all excess transportation costs for students under the 38
placement and care authority of the department of children, youth, 39
and families. 40
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(9) For the purposes of this section, "students who are the 1
subject of a dependency proceeding" has the same meaning as in RCW 2
28A.150.510, and "school of origin" means the school in which a child 3
is enrolled at the time of placement in foster care. If a child's 4
foster care placement changes, the school of origin must be 5
considered the school in which the child is enrolled at the time of 6
the placement change. 7
NEW SECTION. Sec. 23. The provisions of RCW 82.32.805 and 8
82.32.808 do not apply to this act.9
NEW SECTION. Sec. 24. Sections 2 through 11 of this act 10
constitute a new chapter in Title 28A RCW.11
NEW SECTION. Sec. 25. Sections 14 through 20 of this act 12
constitute a new chapter in Title 82 RCW.13
NEW SECTION. Sec. 26. Section 12 of this act expires July 1, 14
2030.15
NEW SECTION. Sec. 27. Section 13 of this act takes effect July 16
1, 2030.17
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