Child care & early dev.

AN ACT Relating to modifying child care and early childhood 1
development programs; amending RCW 43.216.556, 43.216.505, 2
43.216.513, 43.216.579, 43.216.600, 43.216.772, 43.216.806, 3
43.216.590, 43.216.090, 43.216.592, 43.216.587, 43.216.512, and 4
43.216.775; reenacting and amending RCW 43.216.505 and 43.216.802; 5
adding a new section to chapter 43.216 RCW; creating a new section; 6
repealing RCW 43.216.578, 43.216.810, 43.216.812, and 43.216.804; 7
providing effective dates; providing expiration dates; and declaring 8
an emergency. 9
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:10
Sec. 1. RCW 43.216.556 and 2021 c 199 s 208 are each amended to 11
read as follows: 12
(1) Funding for the program of early learning established under 13
this chapter must be appropriated to the department. The department 14
shall distribute funding to approved early childhood education and 15
assistance program contractors on the basis of eligible children 16
enrolled. 17
(2) The program shall be implemented in phases, so that full 18
implementation is achieved in the ((2026-27)) 2030-31 school year.19
(3) Funding shall continue to be phased in each year until full 20
statewide implementation of the early learning program is achieved in 21
S-1387.1
SENATE BILL 5752
State of Washington 69th Legislature 2025 Regular Session
By Senators C. Wilson, Robinson, and Dhingra
Read first time 02/14/25. Referred to Committee on Ways & Means.
p. 1 SB 5752
the ((2026-27)) 2030-31 school year, at which time any eligible child 1
is entitled to be enrolled in the program. Entitlement under this 2
section is voluntary enrollment. 3
(4) School districts and approved community -based early learning 4
providers may contract with the department to provide services under 5
the program. The department shall collaborate with school districts, 6
community-based providers, and educational service districts to 7
promote an adequate supply of approved providers. 8
Sec. 2. RCW 43.216.505 and 2021 c 199 s 204 are each reenacted 9
and amended to read as follows: 10
Unless the context clearly requires otherwise, the definitions in 11
this section apply throughout RCW 43.216.500 through 43.216.559, 12
43.216.900, and 43.216.901. 13
(1) "Advisory committee" means the advisory committee under RCW 14
43.216.520. 15
(2) "Approved programs" means those state-supported education and 16
special assistance programs which are recognized by the department as 17
meeting the minimum program rules adopted by the department to 18
qualify under RCW 43.216.500 through 43.216.550, 43.216.900, and 19
43.216.901 and are designated as eligible for funding by the 20
department under RCW 43.216.530 and 43.216.540. 21
(3) "Comprehensive" means an assistance program that focuses on 22
the needs of the child and includes education, health, and family 23
support services. 24
(4) "Eligible child" means a three to five-year old child who is 25
not age-eligible for kindergarten, is not a participant in a federal 26
or state program providing comprehensive services, and who:27
(a) Has a family with financial need; 28
(b) Is experiencing homelessness; 29
(c) Has participated in early head start or a successor federal 30
program providing comprehensive services for children from birth 31
through two years of age, the early support for infants and toddlers 32
program or received class C developmental services, ((the birth to 33
three early childhood education and assistance program, )) or the 34
early childhood intervention and prevention services program;35
(d) Is eligible for special education due to disability under RCW 36
28A.155.020; 37
(e) Is Indian as defined in rule by the department after 38
consultation and agreement with Washington state's federally 39
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recognized tribes pursuant to RCW 43.216.5052 and is at or below 100 1
percent of the state median income adjusted for family size; or2
(f) Meets criteria under rules adopted by the department if the 3
number of such children equals not more than ten percent of the total 4
enrollment in the early childhood program. Preference for enrollment 5
in this group shall be given to children from families with the 6
lowest income, children in foster care, or to eligible children from 7
families with multiple needs. 8
(5) "Experiencing homelessness" means a child without a fixed, 9
regular, and adequate nighttime residence as described in the federal 10
McKinney-Vento homeless assistance act (Title 42 U.S.C., chapter 119, 11
subchapter VI, part B) as it existed on January 1, 2021.12
(6) "Family support services" means providing opportunities for 13
parents to: 14
(a) Actively participate in their child's early childhood 15
program; 16
(b) Increase their knowledge of child development and parenting 17
skills; 18
(c) Further their education and training; 19
(d) Increase their ability to use needed services in the 20
community; 21
(e) Increase their self-reliance; and 22
(f) Connect with culturally competent, disability positive 23
therapists and supports where appropriate. 24
(7) "Family with financial need" means families with incomes at 25
or below 36 percent of the state median income adjusted for family 26
size until the 2030-31 school year. Beginning in the 2030-31 school 27
year, "family with financial need" means families with incomes at or 28
below 50 percent of the state median income adjusted for family size.29
Sec. 3. RCW 43.216.505 and 2024 c 225 s 2 are each amended to 30
read as follows: 31
Unless the context clearly requires otherwise, the definitions in 32
this section apply throughout RCW 43.216.500 through 43.216.559, 33
43.216.900, and 43.216.901. 34
(1) "Advisory committee" means the advisory committee under RCW 35
43.216.520. 36
(2) "Approved programs" means those state-supported education and 37
special assistance programs which are recognized by the department as 38
meeting the minimum program rules adopted by the department to 39
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qualify under RCW 43.216.500 through 43.216.550, 43.216.900, and 1
43.216.901 and are designated as eligible for funding by the 2
department under RCW 43.216.530 and 43.216.540. 3
(3) "Comprehensive" means an assistance program that focuses on 4
the needs of the child and includes education, health, and family 5
support services. 6
(4) "Eligible child" means a three to five-year old child who is 7
not age-eligible for kindergarten, is not a participant in a federal 8
or state program providing comprehensive services, and who:9
(a) Has a family with an income at or below 50 percent of the 10
state median income adjusted for family size; 11
(b) Is experiencing homelessness; 12
(c) Has participated in early head start or a successor federal 13
program providing comprehensive services for children from birth 14
through two years of age, the early support for infants and toddlers 15
program or received class C developmental services, ((the birth to 16
three early childhood education and assistance program, )) or the 17
early childhood intervention and prevention services program;18
(d) Is eligible for special education due to disability under RCW 19
28A.155.020; 20
(e) Is a member of an assistance unit that is eligible for or is 21
receiving basic food benefits under the federal supplemental 22
nutrition assistance program or the state food assistance program;23
(f) Is Indian as defined in rule by the department after 24
consultation and agreement with Washington state's federally 25
recognized tribes pursuant to RCW 43.216.5052 and is at or below 100 26
percent of the state median income adjusted for family size; or27
(g) Meets criteria under rules adopted by the department if the 28
number of such children equals not more than ten percent of the total 29
enrollment in the early childhood program. Preference for enrollment 30
in this group shall be given to children from families with the 31
lowest income, children in foster care, or to eligible children from 32
families with multiple needs. 33
(5) "Experiencing homelessness" means a child without a fixed, 34
regular, and adequate nighttime residence as described in the federal 35
McKinney-Vento homeless assistance act (Title 42 U.S.C., chapter 119, 36
subchapter VI, part B) as it existed on January 1, 2021.37
(6) "Family support services" means providing opportunities for 38
parents to: 39
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(a) Actively participate in their child's early childhood 1
program; 2
(b) Increase their knowledge of child development and parenting 3
skills; 4
(c) Further their education and training; 5
(d) Increase their ability to use needed services in the 6
community; 7
(e) Increase their self-reliance; and 8
(f) Connect with culturally competent, disability positive 9
therapists and supports where appropriate. 10
Sec. 4. RCW 43.216.513 and 2021 c 199 s 206 are each amended to 11
read as follows: 12
(1) The department shall adopt rules that allow a child to enroll 13
in the early childhood education and assistance program, as space is 14
available and subject to the availability of amounts appropriated for 15
this specific purpose, when the child is not eligible under RCW 16
43.216.505 and the child turns three years old at any time during the 17
school year when the child: 18
(a) Has a family income at or below 50 percent of the state 19
median income or meets at least one risk factor criterion adopted by 20
the department in rule; and 21
(b) Has received services from or participated in:22
(i) The early head start or a successor federal program providing 23
comprehensive services for children from birth through two years of 24
age; 25
(ii) The early support for infants and toddlers program or 26
received class C developmental services; or27
(iii) ((The birth to three early childhood education and 28
assistance program; or29
(iv))) The early childhood intervention and prevention services 30
program. 31
(2) Children enrolled in the early childhood education and 32
assistance program under this section are not eligible children as 33
defined in RCW 43.216.505 and are not part of the state-funded 34
entitlement required in RCW 43.216.556. 35
Sec. 5. RCW 43.216.579 and 2021 c 199 s 404 are each amended to 36
read as follows: 37
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(1) The legislature finds that our state suffers from an extreme 1
shortage of infant child care, impacting the ability of parents to 2
participate in the workforce. Further, parents returning to work 3
after using paid family leave to care for a new child struggle to 4
find readily available, high quality care during a time of critical 5
growth and brain development for young children. Therefore, the 6
legislature intends to incentivize the provision of high quality 7
infant care. 8
(2) Beginning July 1, 2022, the department shall provide an 9
infant rate enhancement for licensed or certified child care 10
providers ((and birth to three early childhood education and 11
assistance program contractors)) who are: 12
(a) Accepting state subsidy; 13
(b) In good standing with the early achievers quality rating and 14
improvement system; and 15
(c) Caring for a child between the ages of birth and 11 months.16
(3) The department must adopt rules to implement this section.17
Sec. 6. RCW 43.216.600 and 2021 c 199 s 311 are each amended to 18
read as follows: 19
(1) Subject to the availability of amounts appropriated for this 20
specific purpose, the department shall provide professional 21
development supports to aid eligible providers in reaching the 22
professional education and training standards adopted by the 23
department. Professional development supports may include:24
(a) Department-required trainings for child care providers 25
conducted by department-approved trainers; 26
(b) Trainings for license-exempt family, friend, and neighbor 27
child care providers conducted by department-approved trainers;28
(c) Early achievers scholarships; 29
(d) Community-based training pathways and systems developed under 30
RCW 43.216.755; 31
(e) Supporting a nonprofit organization that provides 32
relationship-based professional development support to family, 33
friend, and neighbor caregivers, child care centers, and licensed 34
family home providers, and their work to help providers start their 35
businesses; and 36
(f) Other professional development activities such as updating 37
training content, data collection and reporting, trainer recruitment, 38
retention, program monitoring, and trainings delivered by department-39
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approved trainers on topics such as small business management, 1
antibias and antiracist training, providing care for children with 2
developmental disabilities, social-emotional learning, implementing 3
inclusionary practices in early learning environments, infant and 4
toddler care, dual language program development, and providing 5
trauma-informed care. 6
(2) For the purposes of this section, "eligible provider" means: 7
(a) An owner of a licensed or certified child care center, licensed 8
or certified outdoor nature-based care, or licensed family home 9
provider accepting state subsidy; (b) an employee of a licensed or 10
certified child care center, licensed or certified outdoor nature-11
based care, or a licensed family home provider; (c) a contractor or 12
provider of the early childhood education and assistance program ((or 13
birth to three early childhood education and assistance program )); or 14
(d) an early achievers coach. 15
Sec. 7. RCW 43.216.772 and 2021 c 199 s 102 are each amended to 16
read as follows: 17
(1) The spending goals and strategies for the fair start for kids 18
account created under RCW 43.216.770 include, but are not limited to:19
(a) Increasing child care subsidy rates, with the goal of moving 20
toward the full cost of providing high quality child care;21
(b) Expanding health care coverage through state sponsorship of 22
child care workers on the Washington health benefit exchange and 23
providing consumer assistance through navigators, as well as any 24
other expansions of access to affordable health care for staff in 25
child care centers, family home providers, outdoor nature-based care, 26
and early childhood education and assistance program staff;27
(c) Increasing child care and early learning providers' 28
compensation; 29
(d) Implementing the provisions of collective bargaining 30
agreements for family child care providers negotiated pursuant to RCW 31
41.56.028; 32
(e) Supporting and expanding access to the early childhood 33
education and assistance program to reach state-funded entitlement 34
required in RCW 43.216.556; 35
(f) Making child care affordable for families;36
(g) Providing resources and supports for family, friend, and 37
neighbor caregivers that better reflect the full cost of care;38
p. 7 SB 5752
(h) Providing child care subsidies for families working to 1
resolve homelessness; 2
(i) Providing professional development opportunities and 3
supporting the substitute pool for child care and early learning 4
providers; 5
(j) Delivering infant and early childhood mental health 6
consultation services; 7
(k) Establishing prekindergarten through third grade systems 8
coordinators at educational service districts; 9
(l) Supporting youth development programs serving children and 10
youth ages birth through 12 including, but not limited to, expanded 11
learning opportunities, mentoring, school-age child care, and 12
wraparound supports or integrated student supports;13
(m) Awarding grants and loans through the early learning 14
facilities grant and loan program established under chapter 43.31 15
RCW; 16
(n) Funding special designations in the working connections child 17
care programs ((,)) and early childhood education and assistance 18
programs((, and birth to three early childhood education and 19
assistance programs )) including designations established in RCW 20
43.216.579, 43.216.585, 43.216.590, and 43.216.592;21
(o) Supporting costs for transparent data collection and 22
information technology systems operated by the department and 23
department contractors, in particular, to ensure equitable systemic 24
service provision and outcomes; 25
(p) Providing access to learning technology; 26
(q) Providing child care resource and referral services;27
(r) Conducting quality rating and improvement system activities 28
through the early achievers program; 29
(s) Expanding prenatal to three services and supports, including 30
((the birth to three early childhood education and assistance program 31
and)) the in-home parent skill-based programs established in RCW 32
43.216.130; 33
(t) Building and delivering a family resource and referral 34
linkage system; 35
(u) Allowing the exploration of options to provide regulatory 36
relief and make licensing more affordable for child care providers;37
(v) Administering comprehensive shared services hubs to allow the 38
ongoing pooling and shared use of services by licensed or certified 39
child care centers and family home providers; 40
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(w) Training department staff to ensure consistent and equitable 1
application of child care licensing and quality standards across the 2
state including antibias and antiracist training; 3
(x) Providing incentives and supports for child care providers to 4
become licensed; 5
(y) Studying and evaluating options to incentivize business 6
participation in child care and early learning systems;7
(z) Providing start-up grants to eligible organizations as 8
described in RCW 43.31.575 who provide or commit to providing the 9
early childhood education and assistance program or working 10
connections child care. Start-up grants must be used for one-time 11
start-up costs associated with the start-up of a new child care or 12
early childhood education and assistance program site; and13
(aa) Recognizing the benefits of the diverse workforce and 14
facilitating communication in the three most commonly spoken 15
languages by developing a language access plan that centers on equity 16
and access for immigrants, multilingual providers, caregivers, and 17
families. 18
(2) This section does not interfere with, impede, or in any way 19
diminish the right of family child care providers to bargain 20
collectively with the state through the exclusive bargaining 21
representatives as provided for under RCW 41.56.028.22
Sec. 8. RCW 43.216.802 and 2024 c 225 s 1 and 2024 c 67 s 2 are 23
each reenacted and amended to read as follows: 24
(1) It is the intent of the legislature to increase working 25
families' access to affordable, high quality child care and to 26
support the expansion of the workforce to support businesses and the 27
statewide economy. 28
(2) A family is eligible for working connections child care when 29
the household's annual income is at or below 60 percent of the state 30
median income adjusted for family size and: 31
(a) The child receiving care is: (i) Less than 13 years of age; 32
or (ii) less than 19 years of age and has a verified special need 33
according to department rule or is under court supervision; and34
(b) The household meets all other program eligibility 35
requirements established in this chapter or in rule by the department 36
as authorized by RCW 43.216.055 or 43.216.065 or any other authority 37
granted by this chapter. 38
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(3) Beginning July 1, ((2025)) 2029, a family is eligible for 1
working connections child care when the household's annual income is 2
above 60 percent and at or below 75 percent of the state median 3
income adjusted for family size and: 4
(a) The child receiving care is: (i) Less than 13 years of age; 5
or (ii) less than 19 years of age and has a verified special need 6
according to department rule or is under court supervision; and7
(b) The household meets all other program eligibility 8
requirements established in this chapter or in rule by the department 9
as authorized by RCW 43.216.055 or 43.216.065 or any other authority 10
granted by this chapter. 11
(4) Beginning July 1, ((2027)) 2031, and subject to the 12
availability of amounts appropriated for this specific purpose, a 13
family is eligible for working connections child care when the 14
household's annual income is above 75 percent of the state median 15
income and is at or below 85 percent of the state median income 16
adjusted for family size and: 17
(a) The child receiving care is: (i) Less than 13 years of age; 18
or (ii) less than 19 years of age and has a verified special need 19
according to department rule or is under court supervision; and20
(b) The household meets all other program eligibility 21
requirements established in this chapter or in rule by the department 22
as authorized by RCW 43.216.055 or 43.216.065 or any other authority 23
granted by this chapter. 24
(5) Beginning November 1, 2024, when an applicant or consumer is 25
a member of an assistance unit that is eligible for or receiving 26
basic food benefits under the federal supplemental nutrition 27
assistance program or the state food assistance program the 28
department must determine that the household income eligibility 29
requirements in this section are met. 30
(6) The department must adopt rules to implement this section, 31
including an income phase-out eligibility period. 32
(7) The department may not consider the citizenship status of an 33
applicant or consumer's child when determining eligibility for 34
working connections child care benefits. 35
(8) The income eligibility requirements in subsections (2) 36
through (4) of this section do not apply to households eligible for 37
the working connections child care program under RCW 43.216.808((, 38
43.216.810, 43.216.812,)) and 43.216.814. 39
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NEW SECTION. Sec. 9. A new section is added to chapter 43.216 1
RCW to read as follows: 2
(1) Beginning July 1, 2025, the department must calculate a 3
monthly copayment according to the following schedule:4
5
6
If the household's income is: Then the household's base monthly
copayment is:
Each additional child in that household
is:
7
8
Below 25 percent of the state median
income
$0 $0
9
10
11
At or above 25 percent and below 35
percent of the state median income
25 percent of the state median income
for a household of two, multiplied by
five percent
+20 percent of the base monthly
copayment for each additional child
12
13
14
At or above 35 percent and below 45
percent of the state median income
35 percent of the state median income
for a household of two, multiplied by
5.5 percent
+20 percent of the base monthly
copayment for each additional child
15
16
17
At or above 45 percent and below 55
percent of the state median income
45 percent of the state median income
for a household of two, multiplied by
six percent
+20 percent of the base monthly
copayment for each additional child
18
19
20
At or above 55 percent of the state
median income
55 percent of the state median income
for a household of two, multiplied by
6.5 percent
+20 percent of the base monthly
copayment for each additional child
(2) The department may adjust the copayment schedule to comply 21
with federal law. 22
(3) The department must adopt rules to implement this section.23
(4) This section does not apply to households eligible for the 24
working connections child care program under RCW 43.216.808 and 25
43.216.814. 26
NEW SECTION. Sec. 10. (1) In accordance with RCW 43.216.800, 27
authorizations for a working connections child care subsidy are 28
effective for 12 months and any changes related to eligibility in 29
this act only apply to new applications and reapplications. The 30
changes related to eligibility in this act do not apply to consumers 31
who were authorized for a working connections child care subsidy 32
before July 1, 2025 until the next reapplication.33
(2) The changes related to the copayment schedule in section 9 of 34
this act only apply to new applications and reapplications for a 35
working connections child care subsidy. Consumers authorized for a 36
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working connections child care subsidy as of July 1, 2025 must not 1
have their copayments adjusted until reapplication.2
(3) This section expires July 1, 2027. 3
Sec. 11. RCW 43.216.806 and 2024 c 282 s 4 are each amended to 4
read as follows: 5
(1)(a) Subject to the availability of amounts appropriated for 6
this specific purpose, the department may not require an applicant or 7
consumer to meet work requirements as a condition of receiving 8
working connections child care benefits when the applicant or 9
consumer is ((in a state registered apprenticeship program or is )) a 10
full-time student of a community, technical, or tribal college and is 11
enrolled in: 12
(i) A vocational education program that leads to a degree or 13
certificate in a specific occupation; or 14
(ii) An associate degree program. 15
(b) An applicant or consumer is a full-time student for the 16
purposes of this subsection if the applicant or consumer meets the 17
college's definition of a full-time student. 18
(c) Subject to the availability of amounts appropriated for this 19
specific purpose, the department may extend the provisions of this 20
subsection to full-time students who are enrolled in a bachelor's 21
degree program or applied baccalaureate degree program.22
(2) The department must consider an applicant or consumer's 23
participation in ((the birth to three early childhood education and 24
assistance program or )) the early head start program as an approved 25
activity when determining eligibility for working connections child 26
care benefits. 27
Sec. 12. RCW 43.216.590 and 2021 c 199 s 304 are each amended to 28
read as follows: 29
(1) ((Beginning July 1, 2022 )) Subject to the availability of 30
amounts appropriated for this specific purpose , the department shall 31
provide supports to aid eligible providers in providing trauma-32
informed care. Trauma-informed care supports may be used by eligible 33
providers for the following purposes: 34
(a) Additional compensation for individual staff who have an 35
infant and early childhood mental health or other child development 36
specialty credential; 37
(b) Trauma-informed professional development and training;38
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(c) The purchase of screening tools and assessment materials;1
(d) Supportive services for children with complex needs that are 2
offered as fee-for-service within local communities; or3
(e) Other related expenses. 4
(2) The department must adopt rules to implement this section.5
(3) For the purposes of this section, "eligible provider" means: 6
(a) An employee or owner of a licensed or certified child care center 7
or outdoor nature-based care accepting state subsidy; (b) an employee 8
or owner of a licensed family home provider accepting state subsidy; 9
(c) a contractor or provider of the early childhood education and 10
assistance program ((or birth to three early childhood education and 11
assistance program)); (d) a license-exempt child care program; or (e) 12
an early achievers coach. 13
Sec. 13. RCW 43.216.090 and 2021 c 199 s 309 are each amended to 14
read as follows: 15
(1) ((The)) Subject to the availability of amounts appropriated 16
for this specific purpose, the department shall administer or 17
contract for infant and early childhood mental health consultation 18
services to child care providers and early learning providers 19
participating in the early achievers program. 20
(2) ((Beginning July 1, 2021 )) Subject to the availability of 21
amounts appropriated for this specific purpose , the department ((of 22
children, youth, and families )) must have or contract for one infant 23
and early childhood mental health consultation coordinator and must 24
enter into a contractual agreement with an organization providing 25
coaching services to early achievers program participants to hire at 26
least 12 qualified infant and early childhood mental health 27
consultants. The department shall determine, in collaboration with 28
the statewide child care resource and referral network, where the 29
additional consultants should be sited based on factors such as the 30
total provider numbers overlaid with indicators of highest need. The 31
infant and early childhood mental health consultants must support 32
early achievers program coaches and child care providers by providing 33
resources, information, and guidance regarding challenging behavior 34
and expulsions and may travel to assist providers in serving families 35
and children with severe behavioral needs. 36
(3) The department shall provide, or contract with an entity to 37
provide, reflective supervision and professional development for 38
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infant and early childhood mental health consultants to meet national 1
competency standards. 2
(4) As capacity allows, the department may provide access to 3
infant and early childhood mental health consultation services to 4
caregivers and licensed or certified, military, and tribal early 5
learning providers, license-exempt family, friend, and neighbor care 6
providers, and families with children expelled or at risk of 7
expulsion from child care. 8
Sec. 14. RCW 43.216.592 and 2021 c 199 s 305 are each amended to 9
read as follows: 10
(1) ((Beginning July 1, 2022 )) Subject to the availability of 11
amounts appropriated for this specific purpose , the department shall 12
establish a dual language designation and provide subsidy rate 13
enhancements or site-specific grants for licensed or certified child 14
care providers who are accepting state subsidy ((;)) or early 15
childhood education and assistance program contractors ((; or birth to 16
three early childhood education and assistance program contractors )). 17
It is the intent of the legislature to allow uses of rate 18
enhancements or site-specific grants to include increased wages for 19
individual staff who provide bilingual instruction, professional 20
development training, the purchase of dual language and culturally 21
appropriate curricula and accompanying training programs, 22
instructional materials, or other related expenses.23
(2) The department must consult with a culturally and 24
linguistically diverse stakeholder advisory group to develop criteria 25
for the dual language designation. 26
(3) The department must adopt rules to implement this section.27
Sec. 15. RCW 43.216.587 and 2021 c 199 s 303 are each amended to 28
read as follows: 29
(1) Subject to the availability of amounts appropriated for this 30
specific purpose, the department shall administer two complex needs 31
funds to promote inclusive, least restrictive environments and to 32
support contractors and providers serving children who have 33
developmental delays, disabilities, behavioral needs, or other unique 34
needs. The department shall work collaboratively with the office of 35
the superintendent of public instruction and providers to best serve 36
children. One fund must support early childhood education and 37
assistance program contractors and providers ((and birth to three 38
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early childhood education and assistance program contractors and 1
providers)), and one fund must support licensed or certified child 2
care providers and license-exempt child care programs.3
(2) Support may include staffing, programming, therapeutic 4
services, and equipment or technology support. Additional support may 5
include activities to assist families with children expelled or at 6
risk of expulsion from child care, and to help families transition in 7
and out of child care. 8
Sec. 16. RCW 43.216.512 and 2024 c 225 s 3 are each amended to 9
read as follows: 10
(1) The department shall adopt rules that allow the enrollment of 11
children who meet one or more of the following criteria in the early 12
childhood education and assistance program, as space is available if 13
the number of such children equals not more than twenty-five percent 14
of total statewide enrollment: 15
(a) The child's family income is above one hundred ten percent 16
but less than or equal to one hundred thirty percent of the federal 17
poverty level; 18
(b) The child's family income is above one hundred thirty percent 19
but less than or equal to two hundred percent of the federal poverty 20
level if the child meets at least one of the risk factor criterion 21
described in subsection (2) of this section; or 22
(c) Beginning November 1, 2024, the child is not eligible under 23
RCW 43.216.505 and is a member of an assistance unit that is eligible 24
for or is receiving basic food benefits under the federal 25
supplemental nutrition assistance program or the state food 26
assistance program. 27
(2) Children enrolled in the early childhood education and 28
assistance program pursuant to subsection (1)(b) of this section must 29
be prioritized for available funded slots according to a 30
prioritization system adopted in rule by the department that 31
considers risk factors that have a disproportionate effect on 32
kindergarten readiness and school performance, including:33
(a) Family income as a percent of the federal poverty level;34
(b) Homelessness; 35
(c) Child welfare system involvement; 36
(d) Developmental delay or disability that does not meet the 37
eligibility criteria for special education described in RCW 38
28A.155.020; 39
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(e) Domestic violence; 1
(f) English as a second language; 2
(g) Expulsion from an early learning setting; 3
(h) A parent who is incarcerated; 4
(i) A parent with a substance use disorder or mental health 5
treatment need; and 6
(j) Other risk factors determined by the department to be linked 7
by research to school performance. 8
(3) The department shall adopt rules that allow a child to enroll 9
in the early childhood education and assistance program, as space is 10
available, when the child is not eligible under RCW 43.216.505 and 11
the child turns three years old at any time during the school year 12
when the child: 13
(a) Has a family income at or below two hundred percent of the 14
federal poverty level or meets at least one risk factor criterion 15
adopted by the department in rule; and 16
(b) Has received services from or participated in:17
(i) The early support for infants and toddlers program; or18
(ii) The early head start or a successor federal program 19
providing comprehensive services for children from birth through two 20
years of age((; or21
(iii) The birth to three early childhood education and assistance 22
program, if such a program is established)). 23
(4) Children enrolled in the early childhood education and 24
assistance program under this section are not considered eligible 25
children as defined in RCW 43.216.505 and are not considered to be 26
part of the state-funded entitlement required in RCW 43.216.556.27
Sec. 17. RCW 43.216.775 and 2024 c 282 s 3 are each amended to 28
read as follows: 29
(1) Rates paid under RCW 43.216.592 must be adjusted every two 30
years according to an inflationary increase. The inflationary 31
increase must be calculated by applying the rate of the increase in 32
the inflationary adjustment index to the rates established pursuant 33
to RCW 43.216.592. 34
(2) Subject to the availability of amounts appropriated for this 35
specific purpose, rates paid under RCW 43.216.579((,)) and 36
43.216.585((, and 43.216.578)) must be adjusted every two years 37
according to an inflationary increase. The inflationary increase must 38
be calculated by applying the rate of the increase in the 39
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inflationary adjustment index to the rates established pursuant to 1
RCW 43.216.579((,)) and 43.216.585((, and 43.216.578)).2
(3) Inflationary increases under subsection (1) of this section 3
and any funded inflationary increase under subsection (2) of this 4
section must be included in the rate used to determine inflationary 5
increases in subsequent years. 6
(4) For the purposes of this section, "inflationary adjustment 7
index" means the implicit price deflator averaged for each fiscal 8
year, using the official current base rate, compiled by the bureau of 9
economic analysis, United States department of commerce.10
NEW SECTION. Sec. 18. The following acts or parts of acts are 11
each repealed:12
(1) RCW 43.216.578 (Birth to three early childhood education and 13
assistance program) and 2024 c 225 s 6, 2024 c 225 s 5, 2021 c 199 s 14
403, & 2019 c 408 s 8; 15
(2) RCW 43.216.810 (Expanded eligibility —Registered 16
apprenticeships) and 2024 c 67 s 6; 17
(3) RCW 43.216.812 (Expanded eligibility —Child care employees) 18
and 2024 c 282 s 2, 2024 c 67 s 7, & 2023 c 222 s 2; and19
(4) RCW 43.216.804 (Copayments) and 2024 c 67 s 3.20
NEW SECTION. Sec. 19. Except for sections 2 through 4 of this 21
act, this act is necessary for the immediate preservation of the 22
public peace, health, or safety, or support of the state government 23
and its existing public institutions, and takes effect July 1, 2025.24
NEW SECTION. Sec. 20. (1) Section 2 of this act expires August 25
1, 2030.26
(2) Section 16 of this act expires July 1, 2026.27
NEW SECTION. Sec. 21. (1) Sections 2 and 4 of this act take 28
effect July 1, 2026.29
(2) Section 3 of this act takes effect August 1, 2030.30
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