Revised Code of Washington
Chapter 43.216 - Department of Children, Youth, and Families.
43.216.512 - Expanded enrollment—Risk factors—Participation in other programs.

RCW 43.216.512
Expanded enrollment—Risk factors—Participation in other programs. (Effective until July 1, 2026.)

(1) The department shall adopt rules that allow the enrollment of children in the early childhood education and assistance program, as space is available if the number of such children equals not more than twenty-five percent of total statewide enrollment, whose family income is:
(a) Above one hundred ten percent but less than or equal to one hundred thirty percent of the federal poverty level; or
(b) Above one hundred thirty percent but less than or equal to two hundred percent of the federal poverty level if the child meets at least one of the risk factor criterion described in subsection (2) of this section.
(2) Children enrolled in the early childhood education and assistance program pursuant to subsection (1)(b) of this section must be prioritized for available funded slots according to a prioritization system adopted in rule by the department that considers risk factors that have a disproportionate effect on kindergarten readiness and school performance, including:
(a) Family income as a percent of the federal poverty level;
(b) Homelessness;
(c) Child welfare system involvement;
(d) Developmental delay or disability that does not meet the eligibility criteria for special education described in RCW 28A.155.020;
(e) Domestic violence;
(f) English as a second language;
(g) Expulsion from an early learning setting;
(h) A parent who is incarcerated;
(i) A parent with a substance use disorder or mental health treatment need; and
(j) Other risk factors determined by the department to be linked by research to school performance.
(3) The department shall adopt rules that allow a child to enroll in the early childhood education and assistance program, as space is available, when the child is not eligible under RCW 43.216.505 and the child turns three years old at any time during the school year when the child:
(a) Has a family income at or below two hundred percent of the federal poverty level or meets at least one risk factor criterion adopted by the department in rule; and
(b) Has received services from or participated in:
(i) The early support for infants and toddlers program;
(ii) The early head start or a successor federal program providing comprehensive services for children from birth through two years of age; or
(iii) The birth to three early childhood education and assistance program, if such a program is established.
(4) Children enrolled in the early childhood education and assistance program under this section are not considered eligible children as defined in RCW 43.216.505 and are not considered to be part of the state-funded entitlement required in RCW 43.216.556.

[ 2019 c 409 § 2; 2019 c 408 § 5; 2018 c 155 § 2.]
NOTES:

Contingent effective dates—2019 c 409 §§ 1 and 2: "(1) Section 2 of this act takes effect only if chapter 408, Laws of 2019 is enacted by July 28, 2019.
(2) Section 1 of this act takes effect only if section 2 of this act does not take effect by July 28, 2019." [ 2019 c 409 § 3.] Second Substitute Senate Bill No. 5437 was enacted into law May 21, 2019.


Contingent effective dates—2019 c 408 §§ 4 and 5: "(1) Section 5 of this act takes effect only if chapter 409, Laws of 2019 is enacted by July 28, 2019.
(2) Section 4 of this act takes effect only if section 5 of this act does not take effect by July 28, 2019." [ 2019 c 408 § 13.] Substitute Senate Bill No. 5089 was enacted into law May 21, 2019.


Findings—Intent—2019 c 408: "The legislature finds that the family income eligibility limit of one hundred ten percent of the federal poverty level for the early childhood education and assistance program hinders the state's ability to recruit and enroll qualified families, particularly in rural areas of the state and in tribal communities. This income barrier results in unused preschool slots and growing waiting lists of children who are from low-income families but who are over the established income limits. Therefore, the legislature intends to keep the qualifying income for the early childhood education and assistance program at one hundred ten percent of the federal poverty level for the purposes of entitlement caseload forecasting and allow for the flexibility to serve additional children with family incomes up to two hundred percent of the federal poverty level." [ 2019 c 408 § 1.]


Effective date—2018 c 155: "This act takes effect July 1, 2018." [ 2018 c 155 § 5.]


Findings—Intent—2018 c 155: "The legislature finds that research continues to demonstrate the efficacy of the state's early childhood education and assistance program, known as ECEAP. Studies in Washington and from other states show that ECEAP prepares children for kindergarten success and has significant positive impacts on third, fourth, and fifth grade test scores. The legislature also finds that in some areas of the state, expanding ECEAP has proven challenging because there are too few eligible children to form an ECEAP classroom. The result is that children who are income eligible and the furthest from opportunity remain unserved. The legislature finds further that in other ECEAP classrooms, funded seats remain empty because providers do not have sufficient flexibility to serve families in need who are slightly over income but often have similar risk factors. The legislature intends, therefore, to provide more flexibility in determining eligibility for ECEAP in order to maximize the state's investment and assure that program funding is deployed to serve the greatest number of children and families." [ 2018 c 155 § 1.]


(1) The department shall adopt rules that allow the enrollment of children in the early childhood education and assistance program, as space is available, if the number of such children equals not more than 25 percent of total statewide enrollment, when the child is not eligible under RCW 43.216.505 and whose family income level is above 36 percent of the state median income but at or below 50 percent of the state median income adjusted for family size and the child meets at least one of the risk factor criterion described in subsection (2) of this section.
(2) Children enrolled in the early childhood education and assistance program pursuant to this section must be prioritized for available funded slots according to a prioritization system adopted in rule by the department that considers risk factors that have a disproportionate effect on kindergarten readiness and school performance, including:
(a) Family income as a percent of the state median income;
(b) Child welfare system involvement;
(c) Eligible for services under part C of the federal individuals with disabilities education act but not eligible for services under part B of the federal individuals with disabilities education act;
(d) Domestic violence;
(e) English as a second language;
(f) Expulsion from an early learning setting;
(g) A parent who is incarcerated;
(h) A parent with a behavioral health treatment need; and
(i) Other risk factors determined by the department to be linked by research to school performance.
(3) Children enrolled in the early childhood education and assistance program under this section are not considered eligible children as defined in RCW 43.216.505 and are not considered to be part of the state-funded entitlement required in RCW 43.216.556.
(4) This section expires August 1, 2030.

[ 2021 c 199 § 205; 2019 c 409 § 2; 2019 c 408 § 5; 2018 c 155 § 2.]
NOTES:

Effective date—2021 c 199 §§ 204-206 and 403: See note following RCW 43.216.505.


Findings—Intent—2021 c 199 §§ 204-208: See note following RCW 43.216.513.


Short title—Findings—Intent—Conflict with federal requirements—2021 c 199: See notes following RCW 43.216.770.


Contingent effective dates—2019 c 409 §§ 1 and 2: "(1) Section 2 of this act takes effect only if chapter 408, Laws of 2019 is enacted by July 28, 2019.
(2) Section 1 of this act takes effect only if section 2 of this act does not take effect by July 28, 2019." [ 2019 c 409 § 3.] Second Substitute Senate Bill No. 5437 was enacted into law May 21, 2019.


Contingent effective dates—2019 c 408 §§ 4 and 5: "(1) Section 5 of this act takes effect only if chapter 409, Laws of 2019 is enacted by July 28, 2019.
(2) Section 4 of this act takes effect only if section 5 of this act does not take effect by July 28, 2019." [ 2019 c 408 § 13.] Substitute Senate Bill No. 5089 was enacted into law May 21, 2019.


Findings—Intent—2019 c 408: "The legislature finds that the family income eligibility limit of one hundred ten percent of the federal poverty level for the early childhood education and assistance program hinders the state's ability to recruit and enroll qualified families, particularly in rural areas of the state and in tribal communities. This income barrier results in unused preschool slots and growing waiting lists of children who are from low-income families but who are over the established income limits. Therefore, the legislature intends to keep the qualifying income for the early childhood education and assistance program at one hundred ten percent of the federal poverty level for the purposes of entitlement caseload forecasting and allow for the flexibility to serve additional children with family incomes up to two hundred percent of the federal poverty level." [ 2019 c 408 § 1.]


Effective date—2018 c 155: "This act takes effect July 1, 2018." [ 2018 c 155 § 5.]


Findings—Intent—2018 c 155: "The legislature finds that research continues to demonstrate the efficacy of the state's early childhood education and assistance program, known as ECEAP. Studies in Washington and from other states show that ECEAP prepares children for kindergarten success and has significant positive impacts on third, fourth, and fifth grade test scores. The legislature also finds that in some areas of the state, expanding ECEAP has proven challenging because there are too few eligible children to form an ECEAP classroom. The result is that children who are income eligible and the furthest from opportunity remain unserved. The legislature finds further that in other ECEAP classrooms, funded seats remain empty because providers do not have sufficient flexibility to serve families in need who are slightly over income but often have similar risk factors. The legislature intends, therefore, to provide more flexibility in determining eligibility for ECEAP in order to maximize the state's investment and assure that program funding is deployed to serve the greatest number of children and families." [ 2018 c 155 § 1.]

Structure Revised Code of Washington

Revised Code of Washington

Title 43 - State Government—Executive

Chapter 43.216 - Department of Children, Youth, and Families.

43.216.005 - Findings.

43.216.010 - Definitions.

43.216.015 - Department of children, youth, and families—Created—Duties—Agency performance data—Oversight board for children, youth, and families—Powers and restrictions—Stakeholder meetings.

43.216.020 - Department duties.

43.216.022 - Annual quality assurance report.

43.216.025 - Secretary—Appointment—Salary.

43.216.030 - Secretary's authority.

43.216.035 - Office of innovation, alignment, and accountability—Duties and focus.

43.216.040 - Family services and programs—Administration.

43.216.045 - Advisory committees or councils—Travel expenses.

43.216.050 - Evaluation and research materials and data on private nonprofit group homes—Availability.

43.216.055 - Federal and state cooperation—Rules—Construction.

43.216.060 - Policies to support children of incarcerated parents.

43.216.065 - Private-public partnership—Secretary's duties.

43.216.070 - Reports to the governor and legislature.

43.216.075 - Early learning advisory council—Policy development and implementation—Early achievers review subcommittee.

43.216.080 - Integration with other entities.

43.216.085 - Early achievers program—Quality rating and improvement system.

43.216.087 - Early achievers program—Participation of culturally diverse and low-income center, family home, and outdoor nature-based child care providers.

43.216.089 - Early achievers program—Final report—Mitigation plan for areas not achieving required rating levels—Data availability—Reports.

43.216.090 - Early achievers program—Mental health consultants.

43.216.091 - Early achievers program—Administrative policies—Rating and rerating.

43.216.092 - Early achievers program—Administrative policies—Various.

43.216.100 - Community information and involvement plan—Informing home-based, tribal, and family early learning providers of early achievers program.

43.216.105 - Native language development and retention—Dual language learning—Rules.

43.216.110 - Core competencies for early care and education professionals and child and youth development professionals—Adoption and implementation—Updating.

43.216.115 - Partnership responsibilities—Department's duties—Partnership's duties.

43.216.120 - Reduction of barriers for using local or private funds for early learning opportunities.

43.216.125 - Parental notification of report alleging sexual misconduct or abuse—Notice of parental rights.

43.216.130 - Home visiting services account—Purpose—Administration—Funding.

43.216.135 - Child care providers—Subsidy requirements—Tiered reimbursements—Copayments.

43.216.136 - Working connections child care program—Eligibility.

43.216.1368 - Working connections child care program—Eligibility—Copayments.

43.216.137 - Working connections child care program—Unemployment compensation.

43.216.139 - Working connections child care program—Notification of change in providers.

43.216.141 - Working connections child care program—Standards and guidelines—Duties of the department.

43.216.143 - Working connections child care program—Contracted child care slots and vouchers.

43.216.145 - Working connections child care—Eligibility of high school students.

43.216.152 - Definitions.

43.216.155 - Home visitation programs—Findings—Intent.

43.216.157 - Home visitation programs—Definitions.

43.216.159 - Home visitation programs—Funding—Home visitation services coordination or consolidation plan.

43.216.165 - Early start account.

43.216.170 - Applicants for positions with the department—Investigation and background checks.

43.216.180 - Education of students in the custody of juvenile rehabilitation facilities—Duties—Creation of a comprehensive plan.

43.216.190 - Assistance with submission of Washington state identicard application materials.

43.216.195 - Child care centers—Negotiated rule making.

43.216.200 - Imagination library of Washington program.

43.216.205 - Youth and young adults exiting publicly funded system of care—Rapid response team.

43.216.250 - Secretary's licensing duties.

43.216.255 - Licensing standards.

43.216.260 - Minimum requirements for licensure.

43.216.265 - Fire protection—Powers and duties of chief of the Washington state patrol.

43.216.270 - Character, suitability, and competence to provide child care and early learning services—Fingerprint criminal history record checks—Background check clearance card or certificate—Shared background checks.

43.216.271 - Background check clearance registry—Background application form.

43.216.272 - Fee for developing and administering individual-based/portable background check clearance registry.

43.216.273 - Individual-based/portable background check clearance account.

43.216.280 - Licensed day care centers and outdoor nature-based child care providers—Notice of pesticide use.

43.216.285 - Articles of incorporation.

43.216.290 - Access to agencies—Records inspection.

43.216.295 - License required.

43.216.300 - License fees.

43.216.305 - License application—Nonexpiring licenses—Issuance, renewal, transfer, duration.

43.216.310 - License renewal.

43.216.315 - Initial licenses.

43.216.320 - Probationary licenses.

43.216.325 - Licenses—Denial, suspension, revocation, modification, nonrenewal—Proceedings—Penalties.

43.216.327 - Licenses—Denial, revocation, suspension, or modification—Notice—Effective date of action—Adjudicative proceeding.

43.216.335 - Civil fines—Notice—Adjudicative proceeding.

43.216.340 - Licensure pending compliance with state building code, chapter 19.27 RCW—Consultation with local officials.

43.216.345 - Adjudicative proceedings—Training for administrative law judges.

43.216.350 - License or certificate suspension—Noncompliance with support order—Reissuance.

43.216.355 - Actions against agencies.

43.216.360 - Unlicensed providers—Notification to agency—Penalty—Posting on website.

43.216.365 - Operating without a license—Penalty.

43.216.370 - Negotiated rule making.

43.216.375 - Negotiated rule making—Statewide unit of family child care licensees—Antitrust immunity, intent.

43.216.380 - Minimum licensing requirements—Window blind pull cords.

43.216.385 - Reporting—Actions against agency licensees—Agencies notified of licensing requirement—Posting on website.

43.216.390 - Reporting resignation or termination of individual working in child care agency.

43.216.395 - Child care inspection reports—Internal review process—Definitions—Final review.

43.216.500 - Intent.

43.216.505 - Definitions.

43.216.5052 - Definition of "Indian"—Rule making.

43.216.510 - Admission and funding.

43.216.512 - Expanded enrollment—Risk factors—Participation in other programs.

43.216.513 - Early entry—Participation in other programs.

43.216.514 - Enrollment priority.

43.216.515 - Eligible providers—State-funded support—Requirements—Data collection—Pathways to early childhood education and assistance program.

43.216.520 - Advisory committee.

43.216.525 - Rules.

43.216.530 - Review of applications.

43.216.535 - Reports.

43.216.540 - State support—Priorities—Program funding levels.

43.216.545 - Reimbursement of advisory committee expenses.

43.216.550 - Authority to solicit gifts, grants, and support.

43.216.555 - Early learning program—Voluntary preschool opportunities—Program standards—Prioritizing programs—Rules.

43.216.556 - Early learning program—Funding and statewide implementation.

43.216.559 - Early learning program—Short title—2010 c 231.

43.216.565 - Findings—Intent—Early start program.

43.216.567 - Early therapeutic and preventative services and programs.

43.216.570 - Early intervention services—Findings.

43.216.572 - Early intervention services—Infants and toddlers with disabilities—Interagency coordinating council—Conditions and limitations.

43.216.574 - Early intervention services—Infants and toddlers with disabilities—Interagency coordinating council—Coordination with counties and communities.

43.216.576 - Early intervention services—Interagency agreements.

43.216.577 - Prenatal to three family engagement strategy.

43.216.578 - Birth to three early childhood education and assistance program—Pilot project—Reports.

43.216.579 - Infant child care incentives.

43.216.580 - Early intervention services—Funding.

43.216.585 - Program rates.

43.216.587 - Complex needs funds.

43.216.590 - Trauma-informed care supports.

43.216.592 - Dual language designation—Rate enhancement.

43.216.595 - Early childhood equity grants.

43.216.597 - Play and learn groups—Resources and supports.

43.216.600 - Professional development supports.

43.216.602 - Child care deserts grant program.

43.216.650 - Child fatality reviews.

43.216.655 - Data collection and program evaluation—Reports.

43.216.660 - Child care services—Declaration of policy.

43.216.665 - Child care workers—Findings—Intent.

43.216.670 - Child care provider rules review.

43.216.675 - Child care workers—Career and wage ladder.

43.216.680 - Child care workers—Career and wage ladder—Wage increases.

43.216.685 - Child care—Toll-free information number.

43.216.687 - Child care—Required postings—Disclosure of complaints.

43.216.689 - Child care—Public access to reports and enforcement action notices.

43.216.690 - Child day care centers and outdoor nature-based child care providers—Immunization.

43.216.692 - Family home providers—Capacity flexibility.

43.216.695 - County regulation of family day-care centers—Twelve-month pilot projects.

43.216.700 - Day care insurance.

43.216.705 - Child care providers—Tiered-reimbursement system—Pilot sites.

43.216.710 - Child care services.

43.216.715 - Child care partnership employer liaison.

43.216.720 - Child care expansion grant fund.

43.216.725 - Subsidized child care report and assessment.

43.216.730 - Child care subsidy fraud—Referral—Collection of overpayments.

43.216.735 - Placement of children ages sixty months through six years.

43.216.742 - Outdoor nature-based child care program.

43.216.745 - Child care consultation program—Creation, operation, and duties.

43.216.749 - Child care subsidy rates—Use of cost model.

43.216.750 - Child welfare workers—Department duties—Technical work group to develop workload model—Annual report to legislature.

43.216.755 - Child care providers—Community-based training pathway.

43.216.760 - Child care and early learning providers—Firearms, dangerous weapons.

43.216.762 - Child care and early learning providers—Firearms, dangerous weapons—Rules.

43.216.770 - Fair start for kids account.

43.216.772 - Fair start for kids account—Spending goals and strategies.

43.216.775 - Inflationary adjustments to rates.

43.216.900 - Early childhood education and assistance program—Short title—1985 c 418.

43.216.901 - Contingency—Effective date—1985 c 418.

43.216.902 - Effective date—2006 c 265.

43.216.903 - Construction—Chapter applicable to state registered domestic partnerships—2009 c 521.

43.216.904 - Short title—2015 3rd sp.s. c 7.

43.216.905 - Transfer of powers, duties, and functions of the department of early learning.

43.216.906 - Transfer of child welfare provisions from the department of social and health services.

43.216.907 - Transfer of juvenile justice services provisions from the department of social and health services.

43.216.908 - Conflict with federal requirements—2017 3rd sp.s. c 6.

43.216.909 - Transfer of working connections child care and seasonal child care programs from the department of social and health services.

43.216.910 - Savings clause—2021 c 199.