State Preschool Program

Overview

Washington operates the Early Childhood Education and Assistance Program (ECEAP), which is targeted primarily to low-income four-year-olds. The program also serves other at-risk children, including migrant children, Native Americans and those at risk for school failure due to developmental or environmental factors. The program, as of July 1, 2006, is administered by the Department of Early Learning (Department). It is funded through state appropriations, although the Department is encouraged to pursue other funding sources, including corporate and philanthropic donations. School districts and public and private preschool providers may apply to participate in the program through a grant process. A number of service delivery models are allowed.

The year 2005 saw several potentially important developments. The legislature passed a bill creating the Early Learning Council within the office of the governor. The Council is charged with “recommend[ing] new initiatives … to create an adequately financed, high quality, accessible, and comprehensive early learning system that benefits all young children….” New legislation also authorizes a study of the current education system, prekindergarten through post secondary, and directs the study steering committee to take recommendations on the early learning system from the newly formed Early Learning Council.

In 2006, responsibility for ECEAP and other early learning programs was transferred to the newly created Department of Early Learning, charged with coordinating and integrating state child care and early learning programs.

According to the National Institute for Early Education Research (NIEER), ECEAP served 7% of Washington’s four-year-olds in 2003-2004. In 2004-2005, the number of four-year-olds served dropped to 6% and stayed at that level in 2005-2006..

State Policy

The legislation authorizing the formation of the Early Learning Council cites the research showing the benefits of early childhood education for children’s emotional, social and cognitive development. The legislation further states the legislature’s intention to “strengthen the quality of early learning services and programs for all children in the state and to ensure that children enter school ready to succeed.” Likewise, the legislation creating the Department of Early learning states "that the early years of a child's life are critical to the child's healthy brain development" and recognizes that a "more cohesive and integrated voluntary early learning system would result in … improved access to high quality early learning services, and better employment and early learning outcomes for families and all children." Governor Gregoire has also emphasized the economic and societal benefits of investments in early learning opportunities.

Eligibility Criteria

The ECEAP program is targeted primarily to children with family income at or below 110% of the federal poverty level.  First priority is given to children with the lowest family incomes and to four-year-olds. Three-year-olds may also be served if funding and space allow. Up to ten percent of available slots may be used for children who are not income eligible, but exhibit risk factors such as limited English proficiency, developmental delays or disabilities, or families with a history of domestic violence or chemical dependency.

Program Length/Duration

All of the service delivery models contemplated in the ECEAP program must provide a minimum number of program hours: a minimum of two hundred forty hours of child direct services over thirty weeks with at least two and one-half hours per class session.

Funding

The program is funded primarily by appropriations from the legislature. The amount of state funding is completely discretionary, as the ECEAP statute makes clear that “[the preschool] program is not a part of the basic program of education which must be fully funded by the legislature under [the constitution].” Accordingly, the Department is encouraged to locate private and federal funding sources. The state provides a minimum of $6,500 per child. Providers are not permitted to charge families for services.

Quality Standards

In a national survey of quality standards, the National Institute for Early Education Research (NIEER) gave Washington’s ECEAP program a rating of six out of ten. The program does not have comprehensive curriculum standards, although there are program performance standards that specify the subject areas that must be covered. Nor does Washington require teachers to have a bachelor’s degree, as recommended by NIEER. Instead it requires a minimum of an associate’s degree and specialized training in early childhood education. The state requirements for in-service professional development did not mandate the 15 hours annually required to meet NIEER’s standards at the time of this survey, but did institute this requirement in July 2006. The state imposed a maximum class size of 24, which exceeds NIEER’s recommended class size of 20 or lower, and a staff-child ratio of 1:9, which meets NIEER’s standard. A maximum class size of 20 was mandated beginning in July 2006. The program requires vision, hearing, health and developmental screenings, as well as family support services. At least one meal must be provided during the day, and site visits and other program monitoring is in place.

Washington has adopted voluntary Early Learning and Development Benchmarks.

Delivery of Preschool Services

Both public and private nonsectarian preschool providers are eligible to receive funding under the ECEAP program. All providers must apply through a grant process.

Requirements for Student Assessment and Program Evaluation

Washington is conducting a longitudinal study of participants in the ECEAP program. The Department is charged with preparing an annual report to the governor and legislature reporting the yearly findings of the study, including information on the level of performance of the children in the program as compared to nonparticipants in such areas as placement in special education and remedial programs. In addition, each program participating in ECEAP must conduct a yearly program self-assessment, with a more detailed review conducted every four years.

Every two years, the new Department of Early Learning will report to the governor and the legislature on the effectiveness of its early childhood education program. The Department must also plan a longitudinal study comparing the kindergarten readiness of program participants and non-participants.

Education Clause in State Constitution

The state constitution provides that “it is the paramount duty of the state to make ample provision for the education of all children residing within its borders, without distinction or preference on account of race, color, caste, or sex.” It also states that the legislature shall provide for a “general and uniform system of public schools.”

Summary of Case Law on School Finance System

In Northshore Sch. Dist. No. 417 v. Kinnear (1974), the Washington Supreme Court rejected state and federal equal protection challenges to the state’s school funding system, finding that plaintiffs failed to establish that unequal funding resulted in unequal educational opportunity or curriculum deficiencies. Four years later, in Seattle School District v. State (Seattle I) (1978), the Court held that the right to public education under the education clauses in the state constitution is  “constitutionally paramount”. The Court ruled that the state’s reliance on special excess levy funding to finance public schools was unconstitutional because it failed to comply with its mandatory duty to provide for the education of all children in the state.   Instead, the Court found that the state must ensure sufficient funds derived through dependable and regular tax sources to permit school districts to carry out a basic program of education.   In a subsequent case challenging application of an across-the-board budget reduction, Seattle II (1982), the Court upheld the denial of injunctive relief to plaintiff school districts, finding that the constitutional right to a public education did not require the legislature to maintain a current level of expenditure.

In a case filed in November 2006, the Federal Way School District sought a declaratory judgment that the school funding formula is unconstitutional because the salary allocation tables that are used by the state to calculate the state’s share of a district’s school revenue are arbitrary and irrational. Plaintiffs contended that the disparities in the salary allocations among the state’s 296 school districts bear no relation to “any geographic, demographic, student population, cost of living or other educationally relevant factor.”  On a motion for summary judgment, the trial court agreed that the funding formula violates the equal protection and “general and uniform” provisions of the state constitution.

In another pending case filed in January 2007, a statewide coalition of school districts, teachers’ unions, and advocates asked the court to order the state to: (1) determine the actual cost of providing a broad, comprehensive education to every child, as mandated by the state constitution, and (2) fully fund that cost for every Washington school district, with stable and dependable resources. 

Summary of Case Law on Preschool

No cases have addressed the issue of state-funded prekindergarten. In the pending McCleary case, the plaintiffs have alleged the lack of kindergarten readiness programs as one of the state’s educational failures in violation of the state constitution.

Constitutional Provisions on Public Education

Wash. Const., Art. IX, § 1

It is the paramount duty of the state to make ample provision for the education of all children residing within its borders, without distinction or preference on account of race, color, caste, or sex. 

Wash. Const., Art. IX, § 2

The legislature shall provide for a general and uniform system of public schools. The public school system shall include common schools, and such high schools, normal schools, and technical schools as may hereafter be established. But the entire revenue derived from the common school fund and the state tax for common schools shall be exclusively applied to the support of the common schools. 

Wash. Const., Art. IX, § 3  

The principal of the common school fund as the same existed on June 30, 1965, shall remain permanent and irreducible. . . .

There is hereby established the common school construction fund to be used exclusively for the purpose of financing the construction of facilities for the common schools. . . . 

Case Law on the Right to Public Education and Preschool

Is Education a Fundamental Right under the State Constitution?

In Seattle Sch. Dist. No. 1 v. State, 90 Wash.2d 476, 513, 585 P.2d 71, 92 (1978), the Washington Supreme Court ruled that “all children residing within the State's borders have a ‘right’ to be amply provided with an education,” and  “[t]hat ‘right’ is constitutionally paramount.”  

School Finance Cases in Favor of Plaintiffs:

Seattle Sch. Dist. No. 1 v. State, 90 Wash.2d 476, 585 P.2d 71 (1978) (Seattle I)

The Washington Supreme Court held that the state’s reliance on  special voter-approved excess levies to fund its education system failed to satisfy its constitutional duty to provide for the education of all children residing within the state. Instead it held that the state must allocate "sufficient funds" from "dependable and regular tax sources." 

Standard for a Constitutionally Adequate Education:

Seattle Sch. Dist. No. 1 v. State, 90 Wash.2d 476, 517, 585 P.2d 71, 94 (1978) (Seattle  I)

“[T]he State's constitutional duty goes beyond mere reading, writing and arithmetic. It also embraces broad educational opportunities needed in the contemporary setting to equip our children for their role as citizens and as potential competitors in today's market as well as in the market place of ideas.” 

School Finance Cases against Plaintiffs:

Northshore Sch. Dist. No. 417 v. Kinnear, 84 Wash. 2d 685, 530 P.2d 178 (1974)

Plaintiffs, who included 25 of the state’s 320 school districts, school directors, taxpayers, parents and children, challenged the state system of school finance on the basis of the equal protection clauses of the state and federal constitutions and the education clauses of the state constitution.  The Washington Supreme Court upheld the system, ruling that plaintiffs’ evidence failed to establish that children living in districts with low assessed valuation of property per pupil were denied equal protection of laws. The court found “[p]etitioners make virtually no showing whatever as to the standards or curriculum which is or ought to be necessary to meet the state's duty to provide a common school education for all children, and supply no comparative basis for a ruling as a matter of law that the state has not been and now is not discharging its paramount duty, or whether it is exceeding it. The entire case is thus based not upon curriculum deficiencies and lack of educational opportunities but rather upon financial and property valuation comparisons ….” 84 Wash. 2d at 695, 530 P.2d at 185.

Seattle Sch. Dist. No. 1 v. State, 97 Wash.2d 534, 647 P.2d 25 (1982) (Seattle II)

Plaintiff school district sought injunctive relief restraining application of an across-the-board expenditure reduction program imposed by executive order in a state financial crisis.  The Supreme Court found that while plaintiffs had a right to “ample provision for education,” they did not meet the prerequisites for injunctive relief because they had not shown a clear legal right to a particular level of expenditure. 

Decisions Ruling School Finance Issues Were Non-Justiciable:

None.

Cases Related to State-Funded Preschool:

In the pending McCleary case, one of the state’s educational failures asserted by the plaintiffs is the lack of kindergarten readiness programs necessary to provide a “basic education” as mandated by the state constitution.

Pending School Finance Cases:

School Districts' Alliance for Adequate Funding of Special Education v. State, Superior Court, Thurston County Case No. 04-2-02000-7 (March 1, 2007)

In September 2004, eleven of Washington's 296 school districts filed a lawsuit challenging the state's failure to fully fund special education programs and costs. In March 2007, following a trial, the trial court held that the state school funding formula was unconstitutional to the extent it placed a cap on the number of students in a district who could be classified as needing special education services, without providing a safety net to lift that cap for good cause. The case is now on appeal to the state Court of Appeals.

Federal Way School District No. 210 v. State, Superior Court, King County, Case No. 06-2-36840-1 KNT (November 2, 2007)

The Federal Way School District, administrators, board members, parents, and taxpayers sued the state and various officials, alleging that the state has failed to amply fund a uniform system of schools in accordance with the state constitution’s education provisions. State funding in Washington, which generally accounts for about 70% of school district revenue, is calculated using a statutory formula which determines the number of teachers, administrators, and other staff members the state will fund based on a district’s enrollment. Then, using base salary tables (prepared by a legislative agency), the number of staffing units is converted to a funding amount. (These salary levels also affect special education reimbursement, benefit reimbursements, and the districts’ ability to raise additional maintenance and operations funding through local levies.) Plaintiffs contend that differences between the base salary allocation amounts for each of the state’s 296 districts contained in the legislature’s salary tables are arbitrary and irrational, bearing no relation to “any geographic, demographic, student population, cost of living or other educationally relevant factor.” They seek a declaratory judgment that the base salary allocations are unconstitutional.

In November 2007, on a motion for summary judgment, the trial court found that Washington school districts are funded at disparate and irrational levels, violating the state constitution's "general and uniform" and equal protection provisions. The court found that the plaintiffs had failed to prove, however, that their district was not "amply funded." An appeal to the state Supreme Court is expected.

McCleary v. State, Superior Court, King County, Case No. 07-2-02323-2 SEA (filed January 11, 2007)

Representative parents and students from Washington public schools, along with a statewide coalition of advocacy groups, school districts, and teachers’ unions, sued the state, alleging that the state has been reducing its funding of K-12 education, and now ranks about 42nd in spending per pupil among the 50 states. Because of the lack of funding, classes are large, teachers are underpaid, funds aren’t available for supplemental programs for at-risk populations, professional development and up-to-date technology are lacking, special subjects and extracurricular activities have been cut, high school graduation rates are low, and test scores on basic skills are poor.

One of the state’s educational failures asserted by the plaintiffs is the lack of kindergarten readiness programs necessary to provide a “basic education” as mandated by the state constitution. The plaintiffs are asking the court to order the state to fully fund, with stable and dependable resources, a broad and comprehensive basic education for all Washington children, as mandated by the state constitution. The plaintiffs also want the state to be required first “to promptly determine the complete, actual dollar cost of providing that Constitutionally required basic education[.]”

The court denied the plaintiffs’ summary judgment motion on August 24, 2007, and the case is expected to proceed to trial in the Spring of 2009. Plaintiffs’ amended complaint is available here.

Statutes, Regulations and Guidance Documents on State Preschool Program

Washington Revised Code (Wash. Rev. Code) § 28A.215.010 et seq., Early Childhood, Preschool and Before-and-After School Care

Washington Revised Code (Wash. Rev. Code) § 43.215.400 et seq., Early Childhood Assistance Program

Washington Revised Code (Wash. Rev. Code) § 28A.505.210, Student achievement funds -- Use and accounting of funds -- Public hearing – Report

Washington Revised Code (Wash. Rev. Code) § 43.215.005 et seq., Department of Early Learning

Washington Administrative Code (Wash. Admin. Code) § 170-100-010 et seq., Early childhood education and assistance program

H.B. 1152, enacted 2005 (Creating the Early Learning Council)

S.B. 5441, enacted 2005 (Authorizing a study of the education system, pre-K through higher education)

See also:

2006 ECEAP Performance Standards, Washington Department of Early Learning (cited below as ECEAP Performance Standards).

Early Learning and Development Benchmarks (2005)

Provisions Expressing State Policy on Preschool:

Laws of 2001, Chapter 3

The importance of a child's intellectual development in the first five years has been established by widespread scientific research. This is especially true for children with disabilities and special needs. Providing assistance appropriate to children's developmental needs will enhance the academic achievement of these children in grades K-12. Early assistance will also lessen the need for more expensive remedial efforts in later years.

H.B. 1152 (enacted 2005)

Sec. 1 …The legislature also finds that research on brain development in young children establishes that early experiences are important to children's emotional, social, physical, and cognitive development. Research also shows a clear and compelling connection between the quality of children's early childhood care and education experiences and later success in school and in life.

The legislature intends to build on the efforts of communities across the state to improve the quality of early learning environments available to children and their families, as well as the information available to families relating to those early learning environments. The legislature recognizes that efforts to improve early learning must build upon existing partnerships between the public and private sectors. The experiences and resources of both public and private entities are essential to making meaningful and lasting improvements in the quality of early learning environments across the state. Statewide leadership is needed to guide and support the efforts of the private and public sectors working together to make systemwide improvements in the quality, affordability, and accessibility of early learning opportunities.

… Sec. 3 (1) The Washington early learning council is established in the governor's office. The purpose of the council is to provide vision, leadership, and direction to the improvement, realignment, and expansion of early learning programs and services for children birth to five years of age in order to better meet the early learning needs of children and their families. The goal of the council is to build upon existing efforts and recommend new initiatives, as necessary, to create an adequately financed, high-quality, accessible, and comprehensive early learning system that benefits all young children whose parents choose it.

S.B. 5441 (enacted 2005)

Sec. 1 The legislature finds that:

(1) The early years mark the most extraordinary period of growth for young children. The state's role in providing access to early learning opportunities has never been consistently defined;…

Wash. Rev. Code § 43.215.005

(1) The legislature recognizes that:

(a) Parents are their children's first and most important teachers and decision makers;

(b) Research across disciplines now demonstrates that what happens in the earliest years makes a critical difference in children's readiness to succeed in school and life;

(c) Washington's competitiveness in the global economy requires a world-class education system that starts early and supports life-long learning;

(d) Washington state currently makes substantial investments in voluntary child care and early learning services and supports, but because services are fragmented across multiple state agencies, and early learning providers lack the supports and incentives needed to improve the quality of services they provide, many parents have difficulty accessing high quality early learning services;

(e) A more cohesive and integrated voluntary early learning system would result in greater efficiencies for the state, increased partnership between the state and the private sector, improved access to high quality early learning services, and better employment and early learning outcomes for families and all children.

(2) The legislature finds that the early years of a child's life are critical to the child's healthy brain development and that the quality of caregiving during the early years can significantly impact the child's intellectual, social, and emotional development. …

Gov. Christine Gregoire, State of the State Address 2007

… Let’s give more kids a chance to get quality early learning opportunities so they enter kindergarten ready to learn. I am proposing we add more early learning slots for kids than we have in almost two decades.

The research is clear. For every dollar we invest in early childhood education we get $8 in return with children who are more likely to graduate from high school and college, get a good job and raise their families and less likely to get stuck in our social service net or the criminal justice system.

Eligibility Criteria for State Preschool Program:

Wash. Rev. Code § 43.215.405 (3). "Eligible child" means a child not eligible for kindergarten whose family income is at or below one hundred ten percent of the federal poverty level, as published annually by the federal department of health and human services, and includes a child whose family is eligible for public assistance, and who is not a participant in a federal or state program providing comprehensive services and may include children who are eligible under rules adopted by the department if the number of such children equals not more than ten percent of the total enrollment in the early childhood program. Priority for enrollment shall be given to children from families with the lowest income, children in foster care, or to eligible children from families with multiple needs.

Wash. Admin. Code § 170-100-080.  

 (1) Contractors must recruit, document eligibility, and enroll children based on available funds. Enrolled children must not be participants in the federally funded head start program. Contractors must give priority for enrollment to children from families with the lowest incomes or to children from families with multiple needs.

(2) To be enrolled, children must meet the following age criteria.

(a) First priority for enrollment must be given to children who are four years old, but not yet five years old, by August 31 of the program year.

(b) Second priority may be given to children who are three years old by August 31 of the program year and meet other eligibility criteria.

(c) Contractors may not enroll children who are younger than three years old or older than five years old on August 31 of the program year.

(3) To be enrolled, children must meet either the following income or risk factor criteria:

(a) Family income. Children are eligible if their family income is at or below one hundred ten percent of the Federal Poverty Guidelines established by the United States Department of Health and Human Services. Contractors may choose which time period below best reflects the family's current financial circumstances:

(i) Previous calendar year before enrollment;

(ii) Twelve months before enrollment; or

(iii) Previous or current month, when annual family income has been documented and shows a significant recent decrease due to death, divorce, unexpected job loss, or similar circumstance.

(b) Risk factors. Up to ten percent of funded slots may be used for children from families who are not income eligible and are impacted by:

(i) Developmental factors, such as developmental delay or disability; or

(ii) Environmental factors, such as domestic violence, chemical dependency, child protective services involvement, or other factors affecting school success.

ECEAP Performance Standards

B-1 Eligibility for ECEAP Services

Children must meet age requirements, and either income or risk factor requirements, to be eligible for ECEAP. Once children are enrolled, they are qualified for ECEAP until they are age-eligible for kindergarten.

B-2 Income Eligibility

Families are eligible for ECEAP services if their income is at or below 110% of the Federal Poverty Guidelines (FPG) established by the U. S. Department of Health and Human Services (DHHS) (http://aspe.hhs.gov/poverty).

All families on Temporary Assistance to Needy Families (TANF) cash assistance and all foster children are eligible for ECEAP services.

B-7 Child Recruitment

Contractors must have a written procedure for identifying eligible families in their service area, informing them about ECEAP services, and encouraging them to apply for enrollment.

Recruitment must include efforts to identify eligible homeless children, as defined by the federal McKinney-Vento Homeless Assistance Act.…

B-8 Prioritization

First priority for enrollment must be given to children who are four years old, but not yet five years old, by August 31 of the school year. Second priority may be given to children who are three years old by August 31.

Contractors must have a written procedure for prioritizing enrollment of children most in need of ECEAP services. Priority must be given to children who are:

• Homeless.
• In foster care.
• From families with the lowest incomes.
• From families with multiple needs.

Contractors may determine additional priorities to best meet the needs of the community, such as:

• Limited English proficiency.
• Refugee status.
• Transferring from other ECEAP or Head Start sites.

Contractors must not enroll children in ECEAP who are currently served by Head Start.

Children served by school district special education may be simultaneously enrolled in ECEAP.

Program Length/Duration:

ECEAP Performance Standards

E-1 Early Childhood Education Service Delivery

… Contractors must provide a minimum of 240 hours per year of direct early childhood education services, in no less than 30 weeks. During these hours, contractors must have:

• … A minimum of 2.5 hours per class session.

In wrap-around programs that offer full-day childcare with part-day ECEAP, contractors must specify which hours are ECEAP hours. All ECEAP Performance Standards must be in place during those hours.

Scope of State’s Responsibility to Provide Preschool:

Wash. Rev. Code § 28A.215.040.  Every board of directors shall have power to establish, equip and maintain preschools . . . for children of working parents, in cooperation with the federal government or any of its agencies, when in their judgment the best interests of their district will be subserved thereby. 

Wash. Rev. Code § 43.215.400.  It is the intent of the legislature to establish an early childhood state education and assistance program. This special assistance program is a voluntary enrichment program to help prepare some children to enter the common school system and shall be offered only as funds are available. This program is not a part of the basic program of education which must be fully funded by the legislature under Article IX, section 1 of the state Constitution.

Wash. Rev. Code § 43.215.410.  The department [of early learning] shall administer a state-supported early childhood education and assistance program to assist eligible children with educational, social, health, nutritional, and cultural development to enhance their opportunity for success in the common school system.   

Wash. Rev. Code § 43.215.425. ...  Approved early childhood programs shall conduct needs assessments of their service area, identify any targeted groups of children, to include but not be limited to children of seasonal and migrant farmworkers and native American populations living either on or off reservation, and provide to the department a service delivery plan, to the extent practicable, that addresses these targeted populations. 

Scope of State's Responsibility to Fund Preschool:

Wash. Rev. Code § 43.215.400. [The early childhood state education and assistance program] . . . shall be offered only as funds are available. This program is not a part of the basic program of education which must be fully funded by the legislature under Article IX, section 1 of the state Constitution.

Wash. Rev. Code § 43.215.410.  Eligible children shall be admitted to approved early childhood programs to the extent that the legislature provides funds, and additional eligible children may be admitted to the extent that grants and contributions from community sources provide sufficient funds for a program equivalent to that supported by state funds. 

Wash. Rev. Code § 43.215.415.   Approved early childhood programs shall receive state-funded support through the department [of early learning]. . . . Funds appropriated for the state program shall be used to continue to operate existing programs or to establish new or expanded early childhood programs, and shall not be used to supplant federally supported head start programs. Funds obtained by providers through voluntary grants or contributions from individuals, agencies, corporations, or organizations may be used to expand or enhance preschool programs so long as program standards established by the department are maintained, but shall not be used to supplant federally supported head start programs or state-supported early childhood programs. . . .  

Wash. Rev. Code § 43.215.430.  The department shall . . . award funds as determined by department rules and based on local community needs and demonstrated capacity to provide services. 

Wash. Rev. Code § 43.215.440. For the purposes of [RCW 43.215.400 through 43.215.450 and 43.215.900 through 43.215.903], the department may award state support under [RCW 43.215.400 through 43.215.430] to increase the numbers of eligible children assisted by the federal or state-supported early childhood programs in this state. Priority shall be given to those geographical areas which include a high percentage of families qualifying under the "eligible child" criteria. The overall program funding level shall be based on an average grant per child consistent with state appropriations made for program costs: PROVIDED, That programs addressing special needs of selected groups or communities shall be recognized in the department's rules.

Wash. Admin. Code § 170-100-040

(1) Public or private nonsectarian organizations are eligible to apply for funding as early childhood education and assistance programs.

(2) Funds shall be awarded on a competitive basis or allocated by the department, consistent with the amount allocated by the legislature. …

Wash. Admin. Code § 170-100-050.    

(1) Contracting agencies must provide comprehensive early education and family support services free of charge to enrolled families.

Note: S.B. 5441, adopted in April 2005 and signed by the governor in May 2005, authorizes a study of the entire educational system, pre-k through higher education. The pre-k component of the study will assess “populations being served, those that could be served and program access” as well as determine “the state’s role in supporting quality early learning opportunities.” The newly authorized Early Learning Council is responsible for making recommendations to study the steering committee.

Source of Funding for Preschool Program:

Wash. Rev. Code § 43.215.410. ... Eligible children shall be admitted to approved early childhood programs to the extent that the legislature provides funds, and additional eligible children may be admitted to the extent that grants and contributions from community sources provide sufficient funds for a program equivalent to that supported by state funds. 

Wash. Rev. Code § 43.215.415.   Approved early childhood programs shall receive state-funded support through the department. Public or private nonsectarian organizations, including, but not limited to school districts, educational service districts, community and technical colleges, local governments, or nonprofit organizations, are eligible to participate as providers of the state early childhood program.

Wash. Rev. Code § 43.215.450. The department may solicit gifts, grants, conveyances, bequests and devises for the use or benefit of the early childhood state education and assistance program established by [RCW 43.215.400 through 43.215.450 and 43.215.900 through 43.215.903]. The department shall actively solicit support from business and industry and from the federal government for the state early childhood education and assistance program and shall assist local programs in developing partnerships with the community for eligible children.

Wash. Rev. Code § 28A.505.210 [Student Achievement Funds].  School districts shall have the authority to decide the best use of student achievement funds to assist students in meeting and exceeding the new, higher academic standards in each district consistent with the provisions of chapter 3, Laws of 2001.

(1)   Student achievement funds shall be allocated for the following uses:

. . . (e) To provide early assistance for children who need prekindergarten support in order to be successful in school . . . . 

Scope of Child's Right to Attend Preschool:

Wash. Rev. Code § 43.215.400. [The early childhood state education and assistance program] . . . shall be offered only as funds are available. This program is not a part of the basic program of education which must be fully funded by the legislature under Article IX, section 1 of the state Constitution.  

Wash. Admin. Code § 170-100-070.

Contractors must not deny service to, or discriminate against, any person who meets the eligibility criteria for the early childhood education and assistance program on the basis of gender, race, color, religion, age, national origin, citizenship, ancestry, physical or mental disability, family configuration, sexual orientation, culture, or public assistance recipient status. 

Curriculum Content Standards for Preschool Program:

ECEAP Performance Standards

E-4 Curriculum – Developmentally Appropriate and Culturally Relevant

Contractors must ensure a developmentally appropriate curriculum emphasizing:

• Active, play-based, multi-sensory learning experiences.
• First-hand exploration and investigation of real-life materials, people, and events.
• Choice, decision-making, and problem-solving.
• Topics and materials related to children’s emergent interests.
• Opportunities for children to direct their own learning, minimizing teacher-directed activities.

Contractors must ensure a culturally relevant curriculum that:

• Reflects the cultures of enrolled children.
• Supports ongoing development of each child's home language, while helping each child learn English.
• Includes and demonstrates respect for diverse family structures and cultures.
• Focuses on the daily life of families in the community, rather than only on holidays, celebrations, or people far away.

Contractors must not plan religious activities in the curriculum. This does not preclude children or families from sharing their traditions.

E-5 Curriculum Planning

Teachers must plan early learning experiences, with parent input. They must maintain documentation of lesson plans and emergent learning experiences. The curriculum must address:

• Each component of the daily routine.
• Enrolled children’s learning styles, interests, special needs, and goals, including Individualized Education Program (IEP) goals.
• Results of developmental assessment.
• Inclusion of parent curriculum ideas.
• Kindergarten readiness.

The following domains must be included in the planned curriculum:

• Motor development
• Physical development
• Health and personal care
• Safety, including personal safety
• Social development
• Emotional development
• Learning approaches
• Logic and reasoning
• Mathematics and numeracy
• Science
• Social studies
• Family, community, and culture
• Creative arts
• Language
• Communication
• Literacy

The state has also implemented voluntary Early Learning and Development Benchmarks

Teacher Certification/Qualification Standards for Preschool Program:

Wash. Admin. Code § 170-100-090. 

… (2) All persons serving in the role of lead teacher must meet one of the following qualifications:

(a) An associate or higher degree with the equivalent of thirty college quarter credits of early childhood education. These thirty credits may be included in the degree or in addition to the degree; or

(b) A valid Washington state teaching certificate with an endorsement in early childhood education (pre-K - grade 3) or early childhood special education.

(3) All persons serving in the role of assistant teacher must meet one of the following qualifications:

(a) Employment as an early childhood education and assistance program assistant teacher in the same agency before July 1, 1999;

(b) The equivalent of twelve college quarter credits in early childhood education; or

(c) A Child Development Associate (CDA) credential awarded by the Council for Early Childhood Professional Recognition. …

ECEAP Performance Standards

C-21 Required Training

… Lead teachers and family support specialists must complete a minimum of 15 hours of professional development per year, such as workshops or classes but not including individual mentoring.

Other Quality Standards for Preschool Program:

Wash Rev. Code § 43.215.425.  The department in developing rules for the early childhood program . . . shall consider such factors as . . . the preparation necessary for instructors, qualifications of instructors, adequate space and equipment, and special transportation needs. The rules shall specifically require the early childhood programs to provide for parental involvement in participation with their child's program, in local program policy decisions, in development and revision of service delivery systems, and in parent education and training.

Wash. Rev. Code § 170-100-060

(1) Contractors must conduct a community assessment, and must plan and deliver the following comprehensive services to enrolled children:

(a) Early childhood education;

(b) Family support;

(c) Parent involvement including options for participation in their child's classroom, program policy decisions, service delivery system development, and parent education and training; and

(d) Health screening, information, and referral, including medical, dental, nutrition, and mental health. …

H.B. 1152 (enacted 2005)

Section 3 …(c) As provided in sections 5 and 6 of this act, the [early learning] council shall focus on quality improvements to licensed child care through the following mechanisms:

(i) A voluntary, quality-based, graduated rating system to provide information to parents on the quality of child care programs and to provide resources and incentives for quality improvements; and

(ii) A tiered-reimbursement system for state-subsidized child care to improve the quality of care for children participating in state-funded care.…

Sec. 5 (1) The council shall develop a voluntary, quality-based, graduated rating system consisting of levels of quality to be achieved by licensed child care providers serving children and families in the state. The purpose of the rating system is to provide families with vital information about the quality of early learning programs available to them and to increase the quality of early learning programs operating throughout the state. In developing the voluntary rating system, the council shall seek to build upon existing partnerships and initiate new partnerships between the public and private sectors.

            (2) In developing the voluntary rating system, the council shall establish a system of tiers as the basis for the rating system's levels of quality. In developing the system of tiers, the council shall take into consideration the following quality criteria:

(a) Child-to-staff ratios;

(b) Group size;

(c) Learning environment, including staff and child interactions;

(d) Curriculum;

(e) Parent and family involvement and support;

(f) Staff qualifications and training;

(g) Staff professional development;

(h) Staff compensation;

(i) Staff stability;

(j) Accreditation;

(k) Program evaluation; and

(l) Program administrative policies and procedures.

ECEAP Performance Standards

D-7 Health Screening

Children who have not had a health screening within the last six months must be screened within 90 calendar days of their first day in the classroom for:

• Vision and hearing.
• Height and weight.
• Special health needs.

Contractors must:

• Document the screening results.
• Inform parents when health issues or developmental concerns are suspected or identified in their child.
• Make appropriate referrals based on screening results.

D-15 Meals and Snacks

Contractors must provide high-quality, nutritious food.

Contractors offering sessions lasting less than three hours must provide a breakfast or lunch. An additional snack or meal must be offered when round-trip transportation extends the time children are away from home by an hour or more.

Contractors providing sessions lasting three or more hours must provide breakfast or lunch, and provide a snack (E-3).

E-1 Early Childhood Education Service Delivery

Contractors must use an early learning framework to plan developmentally appropriate early childhood education. This framework informs the environment, daily routine, curriculum, adult-child interactions, guidance, screening and referral, assessment and individualization, and parent-teacher conferences.

Contractors must provide a minimum of 240 hours per year of direct early childhood education services, in no less than 30 weeks. During these hours, contractors must have:

• A lead teacher present.
• A second staff person who meets lead teacher or assistant teacher qualifications, if more than nine children are present.
• Additional staff as necessary to ensure safety and an effective learning environment for all enrolled children.
• A minimum 1:9 adult/child ratio.
• No more than 20 children per class/group.
• A minimum of 2.5 hours per class session.

In wrap-around programs that offer full-day childcare with part-day ECEAP, contractors must specify which hours are ECEAP hours. All ECEAP Performance Standards must be in place during those hours.

Delivery of Preschool Services:

Wash. Rev. Code § 43.215.415.  . . . Public or private nonsectarian organizations, including, but not limited to school districts, educational service districts, community and technical colleges, local governments, or nonprofit organizations, are eligible to participate as providers of the state early childhood program. . . . 

Wash. Rev. Code § 43.215.425.  The department in developing rules for the early childhood program shall consult with the advisory committee, and shall consider such factors as coordination with existing head start and other early childhood programs . . . .

Wash. Rev. Code § 43.215.430.  The department shall review applications from public or private nonsectarian organizations for state funding of early childhood education and assistance programs . . . .

Requirements for Student Assessment and Program Evaluation

Wash. Rev. Code § 43.215.435.  The department shall annually report to the governor and the legislature on the findings of the longitudinal study undertaken to examine and monitor the effectiveness of early childhood educational and assistance services for eligible children to measure, among other elements, if possible, how the average level of performance of children completing this program compare to the average level of performance of all state students in their grade level, and to the average level of performance of those eligible students who did not have access to this program. The evaluation system shall examine how the percentage of these children needing access to special education or remedial programs compares to the overall percentage of children needing such services and compares to the percentage of eligible students who did not have access to this program needing such services.  

ECEAP Performance Standards

A-8 Self-Assessment of ECEAP Compliance

Contractors must include ECEAP staff and parents in an annual assessment of compliance with ECEAP Performance Standards, using the ECEAP Self-Assessment form. Contractors must submit this self-assessment to the State ECEAP Office by June 30 of each year.

A-9 Program Review

The State ECEAP Office will conduct a review of each contractor’s compliance with the ECEAP Contract and ECEAP Performance Standards every four years. The review will involve ECEAP staff and parents.

After the Program Review, the State ECEAP Office will provide the contractor with a Program Review report. The contractor must submit an ECEAP Corrective Action Plan for non-compliance with ECEAP Performance Standards. The Plan must be approved by the State ECEAP Office.

E-10 Screening and Referrals

Contractors must conduct developmental screenings to identify children who may need further evaluation. Screening must include speech/language, social-emotional, physical/motor, and cognitive development. Screening tools must be responsive and sensitive to the cultural and linguistic needs of each child and family and administered only with parent consent.

Contractors must document:

• Developmental screening of each child within 90 calendar days of the child’s first day of class.
• Referrals for further assessment, if needed, based on screening, observation, and/or parent concerns.
• Follow up with parents to ensure that referred children receive needed developmental services.

If a child is identified as having special needs, contractors must work with the Local Education Agency (LEA) to develop an Individualized Education Program (IEP) that identifies and plans for needed services.

E-11 Observation, Assessment, and Individualization

Contractors must:

• Perform ongoing observations of individual children’s activities, interactions, behavior, language, learning, and development.
• Maintain objective, confidential observation notes.
• Assess children’s social-emotional, physical, and cognitive development a minimum of two times each school year, using a written assessment instrument.
• Use observation and assessment information to plan individualized curriculum and guidance.

Wash. Rev. Code § 43.215.080

Two years after the implementation of the department's early learning program, and every two years thereafter by July 1st, the department shall submit to the governor and the legislature a report measuring the effectiveness of its programs in improving early childhood education. The first report shall include program objectives and identified valid performance measures for evaluating progress toward achieving the objectives, as well as a plan for commissioning a longitudinal study comparing the kindergarten readiness of children participating in the department's programs with the readiness of other children, using nationally accepted testing and assessment methods. Such comparison shall include, but not be limited to, achievement as children of both groups progress through the K-12 system and identify year-to-year changes in achievement, if any, in later years of elementary, middle school, and high school education.