wa-law.org > bill > 2025-26 > HB 1351 > Substitute Bill

HB 1351 - ECEAP age requirements

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Section 1

Unless the context clearly requires otherwise, the definitions in this section apply throughout RCW 43.216.500 through 43.216.559, 43.216.900, and 43.216.901.

  1. "Advisory committee" means the advisory committee under RCW 43.216.520.

  2. "Approved programs" means those state-supported education and special assistance programs which are recognized by the department as meeting the minimum program rules adopted by the department to qualify under RCW 43.216.500 through 43.216.550, 43.216.900, and 43.216.901 and are designated as eligible for funding by the department under RCW 43.216.530 and 43.216.540.

  3. "Comprehensive" means an assistance program that focuses on the needs of the child and includes education, health, and family support services.

  4. "Eligible child" means a child who is at least three years old by August 31st of the school year, is not yet age-eligible for kindergarten, is not a participant in a federal or state program providing comprehensive services, and who:

    1. Has a family income at or below 110 percent of the federal poverty level, as published annually by the federal department of health and human services;

    2. Is eligible for special education due to disability under RCW 28A.155.020; or

    3. Meets criteria under rules adopted by the department if the number of such children equals not more than 10 percent of the total enrollment in the early childhood program. Preference for enrollment in this group shall be given to children from families with the lowest income, children in foster care, or to eligible children from families with multiple needs.

  5. "Family support services" means providing opportunities for parents to:

    1. Actively participate in their child's early childhood program;

    2. Increase their knowledge of child development and parenting skills;

    3. Further their education and training;

    4. Increase their ability to use needed services in the community;

    5. Increase their self-reliance.

  6. "Homeless" means a child without a fixed, regular, and adequate nighttime residence as described in the federal McKinney-Vento homeless assistance act (Title 42 U.S.C., chapter 119, subchapter VI, part B) as it existed on January 1, 2021.

Section 2

Unless the context clearly requires otherwise, the definitions in this section apply throughout RCW 43.216.500 through 43.216.559, 43.216.900, and 43.216.901.

Section 3

Unless the context clearly requires otherwise, the definitions in this section apply throughout RCW 43.216.500 through 43.216.559, 43.216.900, and 43.216.901.

  1. "Advisory committee" means the advisory committee under RCW 43.216.520.

  2. "Approved programs" means those state-supported education and special assistance programs which are recognized by the department as meeting the minimum program rules adopted by the department to qualify under RCW 43.216.500 through 43.216.550, 43.216.900, and 43.216.901 and are designated as eligible for funding by the department under RCW 43.216.530 and 43.216.540.

  3. "Comprehensive" means an assistance program that focuses on the needs of the child and includes education, health, and family support services.

  4. "Eligible child" means a child who is at least three years old by August 31st of the school year, is not yet age-eligible for kindergarten, is not a participant in a federal or state program providing comprehensive services, and who:

    1. Has a family with an income at or below 50 percent of the state median income adjusted for family size;

    2. Is experiencing homelessness;

    3. Has participated in early head start or a successor federal program providing comprehensive services for children from birth through two years of age, the early support for infants and toddlers program or received class C developmental services, the birth to three early childhood education and assistance program, or the early childhood intervention and prevention services program;

    4. Is eligible for special education due to disability under RCW 28A.155.020;

    5. Is a member of an assistance unit that is eligible for or is receiving basic food benefits under the federal supplemental nutrition assistance program or the state food assistance program;

    6. Is Indian as defined in rule by the department after consultation and agreement with Washington state's federally recognized tribes pursuant to RCW 43.216.5052 and is at or below 100 percent of the state median income adjusted for family size; or

    7. Meets criteria under rules adopted by the department if the number of such children equals not more than 10 percent of the total enrollment in the early childhood program. Preference for enrollment in this group shall be given to children from families with the lowest income, children in foster care, or to eligible children from families with multiple needs.

  5. "Experiencing homelessness" means a child without a fixed, regular, and adequate nighttime residence as described in the federal McKinney-Vento homeless assistance act (Title 42 U.S.C., chapter 119, subchapter VI, part B) as it existed on January 1, 2021.

  6. "Family support services" means providing opportunities for parents to:

    1. Actively participate in their child's early childhood program;

    2. Increase their knowledge of child development and parenting skills;

    3. Further their education and training;

    4. Increase their ability to use needed services in the community;

    5. Increase their self-reliance; and

    6. Connect with culturally competent, disability positive therapists and supports where appropriate.

Section 4

  1. The department shall adopt rules that allow the enrollment of children who meet one or more of the following criteria 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:

    1. The child's family income is above 110 percent but less than or equal to 130 percent of the federal poverty level;

    2. The child's family income is above 130 percent but less than or equal to 200 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; or

    3. Beginning November 1, 2024, the child is not eligible under RCW 43.216.505 and is a member of an assistance unit that is eligible for or is receiving basic food benefits under the federal supplemental nutrition assistance program or the state food assistance program.

  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:

    1. Family income as a percent of the federal poverty level;

    2. Homelessness;

    3. Child welfare system involvement;

    4. Developmental delay or disability that does not meet the eligibility criteria for special education described in RCW 28A.155.020;

    5. Domestic violence;

    6. English as a second language;

    7. Expulsion from an early learning setting;

    8. A parent who is incarcerated;

      1. A parent with a substance use disorder or mental health treatment need; and

    9. Other risk factors determined by the department to be linked by research to school performance.

  3. The department shall adopt rules that allow a three-year-old child who is not eligible under RCW 43.216.505 to enroll in the early childhood education and assistance program, as space is available, when the child:

    1. [Empty]

      1. Has a family income at or below 200 percent of the federal poverty level or meets at least one risk factor criterion adopted by the department in rule; and

      2. Has received services from or participated in:

(A) The early support for infants and toddlers program;

(B) The early head start or a successor federal program providing comprehensive services for children from birth through two years of age; or

(C) The birth to three early childhood education and assistance program, if such a program is established; or

b. Did not turn three on or before August 31st of the school year, but otherwise meets the definition of eligible child under RCW 43.216.505.
  1. 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.

Section 5

  1. The department shall adopt rules that allow a three-year-old child who is not eligible under RCW 43.216.505 to enroll in the early childhood education and assistance program, as space is available and subject to the availability of amounts appropriated for this specific purpose, when the child :

    1. [Empty]

      1. Has a family income at or below 50 percent of the state median income or meets at least one risk factor criterion adopted by the department in rule; and

      2. Has received services from or participated in:

(A) The early head start or a successor federal program providing comprehensive services for children from birth through two years of age;

(B) The early support for infants and toddlers program or received class C developmental services;

(C) The birth to three early childhood education and assistance program; or

(D) The early childhood intervention and prevention services program; or

b. Did not turn three on or before August 31st of the school year, but otherwise meets the definition of eligible child under RCW 43.216.505.
  1. Children enrolled in the early childhood education and assistance program under this section are not eligible children as defined in RCW 43.216.505 and are not part of the state-funded entitlement required in RCW 43.216.556.

Section 6

(1) Sections 1 and 4 of this act expire July 1, 2026.

Section 7

(1) Sections 2 and 5 of this act take effect July 1, 2026.

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