wa-law.org > bill > 2025-26 > HB 1450 > Substitute Bill
The legislature intends to support eligible four year old children who either need additional preparation for kindergarten or who are living in extreme child care access deserts and, despite qualifying, do not have access to state or federal early learning or child care programs by establishing a state transition to kindergarten policy that supports students, families, and communities.
In 2023, the legislature attempted to manage an exception to the uniform entry qualifications for kindergarten that had been turned into a basic education program referred to as the transitional kindergarten program by: Continuing and renaming the program as the transition to kindergarten program; using nonbasic education allocations to fund the program; and directing the office of the superintendent of public instruction to adopt rules for school districts, charter schools, and state-tribal education compact schools operating a program.
The legislature now finds that the public policy interest of supporting a thriving early learning ecosystem requires the state to reestablish a policy of individual exceptions to early enrollment in the public school system. The legislature intends for the reestablished state transition to kindergarten policy to strengthen coordination between early learning and child care programs by directing closer collaboration between the office of the superintendent of public instruction and the department of children, youth, and families. The legislature recognizes that, to prevent disruption of regional child care and early learning systems, the state transition to kindergarten policy must include additional collaboration between operators and proposed operators of the state transition to kindergarten policy and other early learning and child care programs. The legislature intends for the increased agency oversight and modified requirements on operators enrolling children under the state transition to kindergarten policy to minimize adverse impacts on nonpublic school early learning and child care programs.
(a) The state transition to kindergarten policy supports children, families, and communities by providing high quality early learning within the public school system to four year old children who either: Need additional preparation for kindergarten; or are living in extreme child care access deserts and, despite qualifying, do not have access to the early childhood education and assistance program, the federal head start program, or the working connections child care program. Eligible children enrolled in the public school system under the state transition to kindergarten policy are not participating in the state's statutory program of basic education under RCW 28A.150.200.
The office of the superintendent of public instruction shall adopt rules under chapter 34.05 RCW for the administration of, the allocation of state funding for, and minimum standards and requirements for the implementation of the state transition to kindergarten policy.
The office of the superintendent of public instruction shall, in collaboration with the department of children, youth, and families, and in accordance with the omnibus operating appropriations act, regulate the enrollment of eligible children under the state transition to kindergarten policy. To support the equitable and effective distribution of high quality early learning programs statewide, the office of the superintendent of public instruction, when regulating enrollment under this subsection (1)(c), shall: (i) Limit the number of sites approved to enroll eligible children under the state transition to kindergarten policy; (ii) distribute approved sites across the state, prioritizing areas classified as extreme child care access deserts; and (iii) restrict the number of state-funded eligible children permitted to enroll at each approved site.
The office of the superintendent of public instruction shall implement a process for school districts, charter schools, and state-tribal education compact schools to request advance approval to enroll state-funded eligible children under the state transition to kindergarten policy. At a minimum, the application must include:
The number of sites for which approval to enroll eligible children under the state transition to kindergarten policy is sought, along with the projected number of state-funded eligible children to be enrolled at each site;
A description of the screening processes or tools that will be used to evaluate prospective children and determine eligibility based on need;
A statement, with supporting documentation, indicating whether the applicant is located in an extreme child care access desert;
The results of the local child care and early learning needs assessment required by subsection (3)(d) of this section; and
A verification from a statewide child care resource and referral organization that the applicant has worked in collaboration with and does not adversely impact enrollment in regional early learning and child care programs, such as early childhood education and assistance programs, federal head start programs, licensed child care centers, and licensed family homes.
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Before the start of each school year, beginning with the 2025-26 school year, any school district, charter school, or state-tribal education compact school seeking state funding as outlined in subsection (6) of this section for enrolling eligible children under the state transition to kindergarten policy shall, before enrolling such children, obtain approval from the office of the superintendent of public instruction through the application process required by subsection (1)(d) of this section.
School districts, charter schools , and state-tribal education compact schools approved to enroll eligible children under the state transition to kindergarten policy shall adopt local policies regarding eligibility, recruitment, and enrollment that, at a minimum, meet the requirements of subsection (3) of this section.
The rules adopted under subsection (1) of this section must include, at a minimum, the following requirements for school districts, charter schools , and state-tribal education compact schools approved to enroll eligible children under the state transition to kindergarten policy:
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ii. A requirement, as practicable, for school districts, charter schools , and state-tribal education compact schools to prioritize enrollment to the children of families with the lowest incomes and the children most in need for additional preparation to be successful in kindergarten
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b. Except for children who have been excused from participation by their parents or legal guardians, a requirement that the Washington kindergarten inventory of developing skills as established by RCW 28A.655.080 be administered to all eligible children enrolled under the state transition to kindergarten policy at the beginning of the child's enrollment and at least one more time during the school year;
c. A requirement that all eligible children enrolled under the state transition to kindergarten policy be assigned a statewide student identifier and that the eligible children's assigned class or course be considered a separate class or course for the purposes of data reporting requirements in RCW 28A.320.175;
d. A requirement that a local child care and early learning needs assessment is conducted before completing the application process required by subsection (1)(d) of this section. The needs assessment must consider the availability and affordability of early learning providers, such as the early childhood education and assistance programs, head start programs, and licensed child care centers and family home providers in the region. Data available through the regionalized data dashboard maintained by the department of children, youth, and families or other appropriate sources may be used to inform the needs assessment required by this subsection;
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i. A requirement that school districts, charter schools , and state-tribal education compact schools adhere to guidelines, as developed by the office of the superintendent of public instruction, related to:
(A) Best practices for site readiness of facilities ;
(B) Developmentally appropriate curricula designed to assist in maintaining high quality instruction for enrolled children; and
(C) Professional development opportunities;
ii. The office of the superintendent of public instruction must conduct site visits of school districts, charter schools, and state-tribal education compact schoolsapproved to enroll eligible children under the state transition to kindergarten policy and provide feedback on elements listed in this subsection (3)(e);
f. A prohibition on charging tuition or other fees to state-funded children who are enrolled under the state transition to kindergarten policy; and
g. A prohibition on establishing a policy of excluding eligible children due only to the presence of a disability.
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The office of the superintendent of public instruction, in collaboration with the department of children, youth, and families, shall develop statewide, coordinated eligibility, recruitment, enrollment, and selection best practices and provide technical assistance to school districts, charter schools, and state-tribal education compact schools, exploring the enrollment of eligible children under the state transition to kindergarten policy by supporting connections with local early learning providers.
School districts, charter schools , and state-tribal education compact schools must consider the best practices developed under this subsection (4) when adopting the local policies required under subsection (2)(b) of this section.
Nothing in this section prohibits school districts, charter schools , and state-tribal education compact schools from blending or colocating eligible children enrolled under the state transition to kindergarten policy with children enrolled in early learning programs.
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Subject to (b) of this subsection, state funding for eligible children enrolled under the state transition to kindergarten policy must be based on the following:
The distribution formula established under RCW 28A.150.260 (4)(a), (5), (6), (8), and (10)(a) and (b), calculated using the actual number of annual average full-time equivalent eligible children enrolled under the state transition to kindergarten policy. A transition to kindergarten child must be counted as a kindergarten student for purposes of the funding calculations referenced in this subsection, but must be reported separately.
The distribution formula developed in RCW 28A.160.150 through 28A.160.192, calculated using reported ridership for eligible children under the state transition to kindergarten policy.
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Beginning in the 2025-26 school year, the statewide annual average full-time equivalent eligible children enrollment funding as outlined in (a) of this subsection may not exceed the statewide annual average full-time equivalent eligible children enrolled during the 2023-24 school year.
c. The legislature does not intend to include funding for the state transition to kindergarten policy within the state's obligation for basic education funding under Article IX of the state Constitution.
Access to a class or course offered by a school district, charter school, or state-tribal education compact school through enrollment under the state transition to kindergarten policy does not constitute an individual entitlement for eligible children.
For purposes of this section, the following definitions apply:
"Charter school" means a school established under chapter 28A.710 RCW;
"Eligible children" means children who are at least four years old by August 31st of the school year they enroll in school under the state transition to kindergarten policy and who either: (i) Have been determined to benefit from additional preparation for kindergarten using an appropriate screening process or tool; or (ii) qualify for enrollment in, but do not have access to, the early childhood education and assistance program, the federal head start program, or the working connections child care program, due to living in an extreme child care access desert;
"Extreme child care access desert" means a locale that is part of a cluster of extreme unmet need geographies and is part of a cluster of highly constrained supply locales;
"Extreme unmet need locale" means a cluster of contiguous locations where the unmet need levels are high relative to unmet need levels in other neighborhoods statewide, and where these high neighborhood unmet need levels are highly correlated amongst contiguous neighborhoods in the cluster;
"Highly constrained supply locale" means a cluster of contiguous neighborhoods where the level of supply constraint is high relative to constraint levels in other neighborhoods statewide, and where these high neighborhood levels of constrained supply are highly correlated amongst contiguous neighborhoods in the cluster;
"Site" means a school, whether a common school, charter school, or state-tribal compact school, approved to enroll eligible children who are state-funded as outlined in subsection (6) of this section; and
"State-tribal education compact school" means a school subject to chapter 28A.715 RCW.
This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately.