wa-law.org > bill > 2025-26 > SB 6353 > Original Bill
It is the intent of the legislature to increase working families' access to affordable, high quality child care and to support the expansion of the workforce to support businesses and the statewide economy.
A family is eligible for working connections child care when the household's annual income is at or below 60 percent of the state median income adjusted for family size and:
The child receiving care is: (i) Less than 13 years of age; or (ii) less than 19 years of age and has a verified special need according to department rule or is under court supervision; and
The household meets all other program eligibility requirements established in this chapter or in rule by the department as authorized by RCW 43.216.055 or 43.216.065 or any other authority granted by this chapter.
3.
Beginning November 1, 2024, when an applicant or consumer is a member of an assistance unit that is eligible for or receiving basic food benefits under the federal supplemental nutrition assistance program or the state food assistance program the department must determine that the household income eligibility requirements in this section are met.
The department must adopt rules to implement this section, including an income phase-out eligibility period.
The department may not consider the citizenship status of an applicant or consumer's child when determining eligibility for working connections child care benefits.
The income eligibility requirements in subsection (2) of this section does not apply to households eligible for the working connections child care program under RCW 43.216.808 and 43.216.814.
By October 1, 2026, the department of children, youth, and families shall adopt a rule that allows licensed or certified child care centers who accept state subsidy payments to:
Claim a daily payment of up to 15 days when a child attends at least one day in a month within the authorization period and the number of units authorized; and
Claim a daily payment for each additional day a child attends beyond 15 days in a month within the authorization period and the number of units authorized.
This section expires July 1, 2027.
The department shall adopt a rule that allows licensed or certified child care providers who accept state subsidy payments to:
Claim a daily payment of up to 15 days when a child attends at least one day in a month within the authorization period and the number of units authorized; and
Claim a daily payment for each additional day a child attends beyond 15 days in a month within the authorization period and the number of units authorized.
It is the intent of the legislature to systemically increase child care subsidy rates over time until rates are equal to the full cost of providing high quality child care.
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Beginning July 1, 2026, child care subsidy base rates must achieve the 85th percentile of market, as established by the most recent market rate survey published before May 20, 2025, for licensed or certified child care providers.
Beginning July 1, 2027, child care subsidy base rates must achieve the 75th percentile of market for licensed or certified child care providers. The state and the exclusive representative for family child care providers must enter into bargaining over the implementation of the subsidy rate increase under this subsection.
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The department shall use the completed child care cost methodology published in accordance with RCW 43.216.829 to recommend subsidy rates at levels that are sufficient to compensate licensed or certified child care providers for the full costs of providing high quality child care.
The department shall build upon the work of the child care collaborative task force to evaluate options to support access to affordable health care insurance coverage for licensed or certified child care providers.
This section does not interfere with, impede, or in any way diminish the right of family child care providers to bargain collectively with the state through the exclusive bargaining representatives as provided for under RCW 41.56.153.
Beginning July 1, 2026, licensed or certified child care providers may not receive a child care subsidy rate that is different than the rate for the subsidy region in which the provider is located.
In addition to the entities listed in RCW 41.56.101, this chapter applies to the governor with respect to family child care providers. Solely for the purposes of collective bargaining and as expressly limited under subsections (2) and (3) of this section, the governor is the public employer of family child care providers who, solely for the purposes of collective bargaining, are public employees. The public employer shall be represented for bargaining purposes by the governor or the governor's designee appointed under chapter 41.80 RCW.
This chapter governs the collective bargaining relationship between the governor and family child care providers, except as follows:
A statewide unit of all family child care providers is the only unit appropriate for purposes of collective bargaining under RCW 41.56.211.
The exclusive bargaining representative of family child care providers in the unit specified in (a) of this subsection shall be the representative chosen in an election conducted pursuant to RCW 41.56.221, except that in the initial election conducted under chapter 54, Laws of 2006, if more than one labor organization is on the ballot and none of the choices receives a majority of the votes cast, a runoff election shall be held.
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Notwithstanding the definition of "collective bargaining" in RCW 41.56.030(4), and in accordance with (c)(ii) of this subsection, the scope of collective bargaining for child care providers under this section shall be limited solely to: (A) Economic compensation, such as manner and rate of subsidy and reimbursement, including tiered reimbursements; (B) health and welfare benefits; (C) professional development and training; (D) labor-management committees; (E) grievance procedures; and (F) other economic matters. Retirement benefits shall not be subject to collective bargaining. By such obligation neither party shall be compelled to agree to a proposal or be required to make a concession unless otherwise provided in this chapter.
For the purposes of this subsection (2)(c), the scope of bargaining for economic compensation and other economic matters only includes:
(A) Child care subsidy base rates subject to RCW 43.216.828;
(B) Tiered reimbursement authorized under RCW 43.216.135;
(C) Child-specific enhancements based on the needs of the individual child;
(D) Payment processes, except that the scope of collective bargaining does not include the attendance policy under section 3 of this act;
(E) Complex needs grants, early childhood equity grants, and state-approved trauma-informed care supports;
(F) Quality improvement awards authorized in RCW 43.216.085;
(G) Fees, such as registration fees, overtime payments, field trips, or enrichment fees; and
(H) Matters related to the early achievers program established in chapter 43.216 RCW, additional rating supports authorized in RCW 43.216.087, needs-based grants authorized in RCW 43.216.087, and dual language designation awards authorized in RCW 43.216.592.
d. The mediation and interest arbitration provisions of RCW 41.56.501 through 41.56.540 apply, except that:
i. With respect to commencement of negotiations between the governor and the exclusive bargaining representative of family child care providers, negotiations shall be commenced initially upon certification of an exclusive bargaining representative under (a) of this subsection and, thereafter, by February 1st of any even-numbered year; and
ii. The decision of the arbitration panel is not binding on the legislature and, if the legislature does not approve the request for funds necessary to implement the compensation and benefit provisions of the arbitrated collective bargaining agreement, is not binding on the state.
e. Family child care providers do not have the right to strike.
Family child care providers who are public employees solely for the purposes of collective bargaining under subsection (1) of this section are not, for that reason, employees of the state for any purpose. This section applies only to the governance of the collective bargaining relationship between the employer and family child care providers as provided in subsections (1) and (2) of this section.
This section does not create or modify:
The parents' or legal guardians' right to choose and terminate the services of any family child care provider that provides care for their child or children;
The secretary of the department of social and health services' right to adopt requirements under RCW 74.15.030, except for requirements related to grievance procedures and collective negotiations on personnel matters as specified in subsection (2)(c) of this section;
Chapter 26.44 RCW, RCW 43.43.832, 43.20A.205, and 74.15.130; and
The legislature's right to make programmatic modifications to the delivery of state services through child care subsidy programs, including standards of eligibility of parents, legal guardians, and family child care providers participating in child care subsidy programs, and the nature of services provided. The governor shall not enter into, extend, or renew any agreement under this section that does not expressly reserve the legislative rights described in this subsection (4)(d).
Upon meeting the requirements of subsection (6) of this section, the governor must submit, as a part of the proposed biennial or supplemental operating budget submitted to the legislature under RCW 43.88.030, a request for funds necessary to implement the compensation and benefit provisions of a collective bargaining agreement entered into under this section or for legislation necessary to implement such agreement.
A request for funds necessary to implement the compensation and benefit provisions of a collective bargaining agreement entered into under this section shall not be submitted by the governor to the legislature unless such request has been:
Submitted to the director of financial management by October 1st before the legislative session at which the request is to be considered, except that, for initial negotiations under this section, the request must be submitted by November 15, 2006; and
Certified by the director of financial management as being feasible financially for the state or reflects the binding decision of an arbitration panel reached under this section.
The legislature must approve or reject the submission of the request for funds as a whole. If the legislature rejects or fails to act on the submission, any such agreement will be reopened solely for the purpose of renegotiating the funds necessary to implement the agreement.
The governor shall periodically consult with the joint committee on employment relations established by RCW 41.80.010 regarding appropriations necessary to implement the compensation and benefit provisions of any collective bargaining agreement and, upon completion of negotiations, advise the committee on the elements of the agreement and on any legislation necessary to implement such agreement.
After the expiration date of any collective bargaining agreement entered into under this section, all of the terms and conditions specified in any such agreement remain in effect until the effective date of a subsequent agreement, not to exceed one year from the expiration date stated in the agreement, except as provided in subsection (4)(d) of this section.
If, after the compensation and benefit provisions of an agreement are approved by the legislature, a significant revenue shortfall occurs resulting in reduced appropriations, as declared by proclamation of the governor or by resolution of the legislature, both parties shall immediately enter into collective bargaining for a mutually agreed upon modification of the agreement.
In enacting this section, the legislature intends to provide state action immunity under federal and state antitrust laws for the joint activities of family child care providers and their exclusive bargaining representative to the extent such activities are authorized by this chapter.
Section 3 of this act takes effect July 1, 2027.
Except for section 3 of this act, 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.