United Ways of Washington
February 5, 2010

Contents
+ Week in Olympia
+ Early Learning Take-Aways for Week
+ Bill Status
+ Federal News
+ United Ways of WA Lobby Day, 2/11
+ Subscription Information

WEEK IN OLYMPIA

• Insiders are anticipating updated caseload and revenue forecasts in the next week or two. Much public discussion on the budget will follow once those are released. For now, there is much activity happening behind the scenes as legislative leaders debate how to bridge the $2.6b deficit in the state’s $30b biennial budget. Thus it is timely to contact your elected officials to speak up for the issues and funding priorities that matter most to you. 
• Options are being explored in the House and Senate for accessing revenue to help bridge the deficit. These actions foreshadow the more public and intense revenue discussions to come.
• Senate Democrats introduced a bill which seeks to lower the threshold required for revenue increases set by I-960, the initiative passed by the voters in 2007. Currently, I-960 requires a super majority (33 of 49 senators) to allow a new tax increase whereas prior to I-960 a simple majority was required (25 of 49 senators).
• Additionally, Rep. Ross Hunter introduced a tax bill which proposes repealing a number of tax exemptions totaling $363 million.
• In general, an overarching theme of finding government efficiencies and streamlining functions without sacrificing service and program quality is prevailing in Olympia.
• As cutoffs loomed, Olympia is filled energy and activity as advocates and legislators alike scrambled to get their priority bills scheduled for public hearing and a vote before the first cutoffs of session. Throughout session there are a series of “cutoffs” that bills must pass in order to keep advancing through the legislative process. See session cutoff calendar at: http://www.leg.wa.gov/legislature/pages/cutoff.aspx
• This year it is unique that there are different cutoffs between the House and Senate. This is due to the House having three appropriations committees (Education, General Government, and Health and Human Services), and a main fiscal committee (Ways & Mean). So Tuesday, 2/2, was the cutoff for bills to be voted out of the House policy committees and Friday, 2/5, is the cutoff for bills to be voted out of the Senate policy committees and House appropriations committees.
• Bills that do not make it past any given “cutoff” are considered “dead,” meaning the bill itself is not continuing to move through the legislative process. However, it is important to note that a bill can be revived at any point in the legislative session as an “NTIB” bill or necessary to implement the budget bill which means it can become eligible for action because it is necessary to implement the budget. The items in bills can also show up as budget provisos as part of a larger budget bill or as an amendment on a different bill that is alive. A bill is never really dead until Sine Die, or the close of session.
• Now attention will shift to discussions in the fiscal committees and full chamber debate as bills that are still moving are now eligible to be heard in the fiscal committees or on the floor of the House or Senate. 

EARLY LEARNING TAKE-AWAYS FOR WEEK

• It is heartening to see legislative leaders and other mavens for early childhood demonstrating a strong commitment and focus on early childhood issues this legislation session. For instance, in the areas of: including a program of early learning in the definition of basic education; spotlighting attention on birth to three services and continuity of care; and leveraging private dollars to increase investments in home visitation services.
• That said it is also important to acknowledge that the policy conversations occurring at this point in legislative session are seemingly focused on programmatic and implementation issues where details are abound. The efforts of years past to create the Department of Early Learning (DEL) and Thrive by Five Washington necessitated holistic, systems-building conversations. Additionally, the herculean work for hundreds of early learning partners over the past year on the developing the draft Early Learning Plan and the Early Learning Recommendations to the Governor for Action in 2010 often focused the conversations at the systemic-level.
• This is a dizzying time in session. The first cutoffs occurred this week and are the first steps to reduce the funnel of policy issues. Thus there is much information to report on related to bill tracking and amendments.
• With the drastic amending to HB 2867, programs and services for children in the birth to three years old age range is a priority policy discussion now. (See “Elevating birth-three services” under BILL STATUS below.)
• Bills that: create a fund to leverage private dollar investments for home visitation programs; streamline the WCCC child care eligibility process; and call for the inclusion of preschool for vulnerable children in the definition of basic education are continuing to advance in the legislative process.
• On Thursday, 2/4, a King County Superior Court judge ruled that the state is not meeting its constitutional duty to fully fund K-12 education. The coalition of parents, school districts, teachers, and community-based organizations that brought the suit more than two years ago are claiming this is a huge victory.
• The specific implications this ruling has on the discussion of including preschool for vulnerable children in the definition of basic education is unclear at this point. But it will certainly add another layer to the debate currently happening in the House and Senate. On one hand this ruling continues to point the spotlight on education reform discussions which include the question of whether preschool for vulnerable children should be included in the definition of basic education. On the other hand, opponents of including preschool for vulnerable children in the definition of basic education will likely point to the anticipated lengthy appellate process to follow this significant ruling as reasoning for why now is not the time to expand the definition.
• Part of Judge John Erlick’s ruling orders the state legislature to establish the cost of providing education and then to fund it through stable and dependable sources. Yet, it is unclear what the timeline is for this as the lengthy ruling has not yet been fully analyzed by both sides.
• While there is likely going to be a lengthy appellate process, some are already calling for action based on the ruling. Currently in front of the legislature, HB 2776 would require implementation of a critical education reform passed in 2009, HB 2261. See commentary from the League of Education Voter’s on the ruling at: http://www.educationvoters.org/2010/02/04/huge-victory-for-a-million-school-kids/.

BILL STATUS
It is important to note that if a bill you care about is currently awaits a public hearing and/or vote in the committee it is assigned to, now is a good time to contact the committee chair and members to request that it gets scheduled for a public hearing and/or vote by the cutoff. Additionally, it is also a good time to contact your own elected officials to express your support of the bill and request they contact the chair and/or members of the committee it is assigned to and urge the bill gets a hearing and/or vote. 

To learn who your elected official are, type in your address at: http://apps.leg.wa.gov/DistrictFinder/Default.aspx

To see committee roosters, visit http://www.leg.wa.gov/legislature/pages/committeelisting.aspx, click on the committee (note House and Senate tabs at top), then click on “Members and Staff” to see the committee chair and members.

What happens to bills that do not make it past cutoff? They are considered “dead” or as we often report: “stalled.” This means the bill itself is not continuing to move through the legislative process. However, the issues in a “dead” bill are never quite dead until the close of session. You can always advocate for certain issues to be addressed you’re your elected officials. Because a bill can be revived at any point in the legislative session as an “NTIB” bill and items in bills can also show up as budget provisos as part of a larger budget bill or as an amendment on a different bill that is alive it is always a good time to reach out to legislators to tell them where you stand. Again, a bill is never really dead until Sine Die, or the close of session.

Preschool included in the definition of basic education
HB 2731, “Creating an early learning program for educationally at-risk children” sponsored by Rep. Roger Goodman. This bill is the primary vehicle to advance the discussion on including preschool for vulnerable children in the definition of basic education which advocates believe will help secure more stable funding for a program of early learning since providing for basic education is a constitutional mandate.

Status update & next step: HB 2731 received a public hearing in the House Ways and Means Committee on Monday, 1/25, where it continued to receive overwhelming support from diverse stakeholders. It is currently not scheduled for an executive session, or vote. It must be voted out of the committee by or on the Tuesday, 2/9, fiscal committee cutoff.  While there has been much focus and collaborative work to modify this bill to capture the best pieces of alternative proposals and there is cautious optimism from advocates that this bill will continue to advance, it is an appropriate time to contact members of the House Ways & Means Committee and your elected officials to express your perspective on this bill.  

SB 6759, “Requiring a plan for a voluntary program of early learning as a part of basic education” sponsored by Sen. Claudia Kauffman. In the Senate, this is the option that most closely aligns with the advocates’ position on including preschool for vulnerable children in the definition of basic education. This is the vehicle for advancing the discussion on inclusion in the Senate.

Status update: This bill received a do-pass vote, in the Senate Early Learning and K-12 Education Committee on Thursday, 2/4. It is important to note that the bill was approved as amended. The Committee accepted amendments to:  (1) clarify intent that DEL, OSPI, Thrive by Five Washington and the Quality Education Council recommend that early learning be included within the definition of Basic Education (QEC); (2) clarify intent that a working group recommend a comprehensive plan; (3) direct the working group established in the bill to identify the opportunities and barriers of at least two options – one that includes early learning in basic education and another that examines early learning as an entitlement with constitutional protections; (4) direct that the working group develop criteria for whether eligible providers within the recommended program be approved, certified or licensed; and (5) clarifies that the QEC submit a report to the Legislature with recommendations for a comprehensive plan for a voluntary plan of early learning.  Sen. King expressed his support, but noted his concern with language regarding “constitutionality” and “entitlements.”

Next step: SB 6759 is currently assigned to the Senate Ways and Means Committee where it is eligible for a public hearing and executive session, or vote. The bill must be voted out of the Senate Ways and Means Committee by or on the Tuesday, 2/9, fiscal committee cutoff.

HB 2431, “Establishing within basic education a program of early learning for at-risk children,” sponsored by Rep. Larry Haler.

Status update: HB 2431 is stalled, or considered “dead.” But it is important to note that the issue the bill represents – including preschool for vulnerable children – is very much still alive and has the potential to advance with HB 2731.

HB 2431’s last activity was a public hearing in the House Early Learning and Children’s Services Committee on Tuesday, 1/19, along with HBs 2731 and HB 2867. Initially, HBs 2731 and 2431 were considered similar since they both indicated preschool for vulnerable children should be included in the definition of basic education. Alternatively, HB 2867 included the Governor’s All Start voluntary preschool proposal that was not included in the definition of basic education. It was anticipated early on that HB 2731 would carry the conversation about inclusion and HB 2431 would rest. Rep. Haler is signed onto HB 2731 and is supportive although in a gesture of protest to what he expressed was an inaccurate fiscal note, did not vote in favor of HB 2731 when it was up for vote in the House Early Learning and Children’s Services Committee. Rep. Haler is considered a champion for inclusion of early learning in basic education by early childhood advocates.

Preschool excluded from the definition of basic education
HB 6517, “Promoting early learning,” Governor-request legislation sponsored by Sen. Rosemary McAuliffe. This bill includes the Governor’s All Start, a universal voluntary preschool proposal that does not include a program of early learning for vulnerable preschoolers in basic education. Based on Sen. McAuliffe’s minority report for the Quality Education Council (see p30/31 at http://www.k12.wa.us/QEC/pubdocs/QECJan2010ReportMinorityReport.pdf) and a couple of her prime sponsor bills this year (SBs 6517 and 6761), she has been clear that she does not believe this is the time to include a program of early learning in the definition of basic education. 

Providing a counter-perspective in the Senate has been important yet challenging due to Sen. McAuliffe’s leadership position as Chair of the Senate Early Learning and Children’s Services Committee. Additionally, the alternative to SB 6517, SB 6759 sponsored by Sen. Kauffman, was softer on the notion of inclusion than the counterpart bill in the House because it calls for yet another study on the issue. However, advocates are supporting SB 6759 as it is the vehicle to advance the discussion on inclusion in the Senate.

Status update: SB 6517 is stalled, or considered “dead.” It did not get voted out of the Senate Early Learning and K-12 Education Committee during committee meetings on Thursday, 2/4, and no other committee hearings are scheduled for today, Friday, 2/5. Thus the bill not be voted out of the policy committee by or on the 2/5 cutoff and is considered “dead.” The last activity SB 6517 received was a public hearing in the Senate Early Learning and K12 Committee on 1/27, where support was overwhelmingly for including preschool for vulnerable students in the definition of basic education.

SB 6761, “Regarding the recommendations of the quality education council,” sponsored by Sen. Rosemary McAuliffe.

SB 6761 is a bill to implement the QEC’s recommendations, excluding the recommendation to include preschool for vulnerable 3- and 4-year olds in the definition of basic education.

Status update: SB 6761 received a do-pass vote in the Senate Early Learning and Children’s Services Committee on Wednesday, 2/3, without any significant conversation specific to early learning.

Next step: SB 6761 is currently assigned to the Senate Ways and Means Committee where it is eligible for a public hearing and executive session, or vote. The bill must be voted out of the Senate Ways and Means Committee by or on the Tuesday, 2/9, fiscal committee cutoff.

Elevating birth-three services
HB 2867, sponsored by Rep. Ruth Kagi. Due to drastic amending this week, HB 2867 has a completely new identity and will likely be coined the birth to threebill by advocates.

Previously HB 2867, titled “Promoting Early Learning,” was framed as the alternative proposal to HB 2731, Rep. Goodman’s bill that proposes a program of preschool for vulnerable children be included in the definition of basic education.  Prior to HB 2867 being amended drastically this week, it was most significant because it included the Governor’s voluntary preschool proposal, called “All Start,” which was not included in the definition of basic education. Thus advocates were strongly supporting HB 2731 over HB 2867. However there was a single provision in HB 2867 that advocates strongly supported which addressed the shortage of high-quality programs for children ages birth to three. The provision specified DEL would develop, coordinate, and implement services and programs for children ages birth to three. That provision elevated the focus of the birth to three age range which research supports is a critical window of development that has impact on positive outcomes for children later on in school and life. It appears the bill’s prime sponsor, Rep. Ruth Kagi, agreed with this bright spot in the bill as HB 2867 has now been completely changed to build up birth to three programs, services, and supporting infrastructure.

Status update: On Tuesday, 2/2, HB 2867 was amended in a major way and the amended version was unanimously voted out of the House Early Learning and Children’s Services Committee. All previous provisions in HB 2867 (e.g., All Start, intent to make preschool universally available, and authorizing DEL to revise income-eligibility of ECEAP) were removed and replaced with new language focused on supporting services, programs for children in the birth to three age range. Thus, HB 2867 has a completely new identity and is likely to be coined the birth to threebill. See a summary of the bill’s changes at: http://apps.leg.wa.gov/CMD/
showdoc.ashx?u=A2iGB9PMbwyP2X1C%2bw7qdVoo636n00r
%2fAh888keMqQ2EMOKLVcNDTM7L%2bZskAaY4dDEGXSaMqMfkkiUsGAAdYuVlz7Z2O7Lw&y=2010

What does HB 2867 say now? HB 2867 focuses on the birth to three year old age range and:
(1) declares intent to establish a continuum of programs for children and their parents and caregivers;
(2) makes developing a “robust” comprehensive birth-to-three plan to provide education and support through a continuum of options one of DEL’s primary responsibilities and the development of the plan would be done in collaboration with Thrive by Five Washington and the Early Learning Advisory Council; and
(3) specifies that funding for birth to three programs be proportionate with preschool programs (see section 2, item 3 at: http://apps.leg.wa.gov/CMD/showdoc.ashx?u=A2iGB9PMbwyP2X1C%2bw7qdVoo636n00r
%2fAh888keMqQ2EMOKLVcNDTM7L%2bZskAaY4dDEGXSaMqMfkkiUsGAAdYuVlz7Z2O7Lw&y=2010).

Next step: HB 2867 is currently assigned to a fiscal committee, House Ways and Means, where it must receive a public hearing and affirmative vote by or on the Tuesday, 2/9, fiscal committee cutoff in order to continue advancing. A new fiscal note estimating the costs of the amended bill with focus on birth to three services has not been crafted yet. However, advocates are hoping that no fiscal note will be necessary due to the bill’s focus on planning work.

Home visitation
HB 2687, “Creating the home visiting services account,” sponsored by Rep. Ruth Kagi. This bill is alive and garnering positive support due to the focus on leveraging private dollars into a public-private fund to support home visitation services which can enhance child development and alleviate the impacts of poverty and other risk factors, reduce the incidence of child abuse and neglect, and promote school readiness.

Status update: HB 2687 is alive is currently awaits action in the House Ways & Means Committee.

On Thursday, 2/4, HB 2687 received a public hearing in the House Education Appropriations Committee. Erica Hallock the CEO of the United Ways of Washington, Molly Boyijian of Thrive by Five Washington, Clallam County Sheriff Bill Bennedict, and Fight Crime:  Invest in Kids State Director Laura Wells testified in support of HB 2687.  HB 2687 would create a public-private fund to support home visitation services.  The bill authorizes DEL to contract with Thrive by Five Washington to administer the program.  Amendments were offered to move the start-date up to July 1, 2010; clarify that current home visiting contracts would be honored; establish an advisory committee to advise Thrive on research and the distribution of funds; and require a competitive bidding process for distribution of the funds, among other changes.  

HB 2687, as amended, received a do-pass vote in the House Education Appropriations Committee on Tuesday, 2/2 and is now assigned to the House Ways & Means Committee.

Next step: HB 2867 is currently assigned to a fiscal committee, House Ways and Means, where it must receive a public hearing and affirmative vote by or on the Tuesday, 2/9, fiscal committee cutoff in order to continue advancing.

Working Connections Child Care (WCCC)
HB 3141, “Redesigning the delivery of temporary assistance for needy families,” sponsored by Rep. Ruth Kagi. This bill makes a number of changes to the state’s Temporary Assistance to Needy Families (TANF) program.  A large component within TANF is WCCC which subsidies child care for low-income families. With regard to WCCC the bill seeks to streamline the child care eligibility process. 

Status update: HB 3141 was amended on Tuesday, 2/2, in the House Early Learning and Children’s Services Committee.  The substitute bill received a do pass. See substitute bill at: http://apps.leg.wa.gov/documents/billdocs/2009-10/Pdf/Bills/House%20Bills/3141-S.pdf

The substitute bill reflects that many of the original provisions in the bill were stripped. However, advocates are pleased that the re-authorization period for WCCC is still at 12-months, which represents an extension from current policy. Extending the re-authorization period is a tactic to increase continuity of care for a child, meaning their child care situation is not disrupted as frequently by changes in a parent’s employment status. Additionally, advocates are please to see such wide-spread, high-level attention this bill has received from leaders at DEL, DSHS, community colleges, the Social Security Department, and the Governor’s office.

Next step: HB 3141 is currently assigned to the House Ways & Means Committee where it must receive a public hearing and affirmative vote by or on the Tuesday, 2/9, fiscal committee cutoff in order to continue advancing.

Administrative changes
Transfer of ITEIP to DEL

• HB 2741, “Transferring the administration of the infant and toddler early intervention program from the department of social and health services [DSHS] to the department of early learning [DEL],” sponsored by Rep. Mary Lou Dickerson. This bill received positive support from advocates and DEL staff for being a common sense move based on good partnership work between DSHS and DEL.

Status update & next step: HB 2741 received an affirmative vote in the House Early Learning and Children’s Services Committee on Friday, 1/29. It is now assigned to the House Ways and Means Committee where it must receive a public hearing and affirmative vote by or on the Tuesday, 2/9, fiscal committee cutoff.

• SB 6593, Transferring the administration of the infant and toddler early intervention program from the department of social and health services to the department of early learning,” sponsored by Sen. Randy Gordon. This is the companion bill for HB 2741 and thus far through the process the bills still look very similar. Introducing companion bills is a strategy to raise the same conversation in the House and Senate simultaneously. It is clear on this issue that there is positive support for the transfer in both chambers.

Status update & next step: SB 6593 received an affirmative vote in the Senate Early Learning and K-12 Committee on Thursday, 2/4. It is now assigned to the Senate Ways and Means Committee where it must receive a public hearing and affirmative vote by or on the Tuesday, 2/9, fiscal committee cutoff.

Abolishing DSHS

• HB 2197, “Abolishing the department of social and health services and creating new departments to take over its functions,” sponsored by Rep. Mike Armstrong.  HB 2197 proposes abolishing DSHS and in its place, creating of four new departments, including a Dept. of Children’s Services. This is the second year this bill has been considered in the House. Last year it advanced through the first step by being voted out of the House Committee of State Government and Tribal Affairs but was stalled in the House Health & Human Services Appropriations Committee. Thus, this session it began assigned to the House Health & Human Services Committee. Of interest to the early childhood community is how the proposed Dept. of Children’s Services would align with DEL.

Status update & next step: A public hearing was held on Tuesday, 2/2, in the House Health & Human Services Appropriations Committee.  The bill’s prime sponsor, Rep. Mike Armstrong, testified that he introduced this bill in 2009 and is looking for action again this year because he believes DSHS is too large to effectively serve vulnerable Washingtonians, leading to unnecessary risk to children and adults and costly lawsuits against the State. 

The Governor’s Human Services Policy Adviser Kari Burrell testified that breaking up DSHS would run counter to Governor Gregoire’s efforts to minimize administrative costs associated with multiple agencies.  For example, the Governor has proposed eliminating the Council for Children and Families, transferring responsibilities to DSHS and DEL.

DSHS Secretary Susan Dreyfus testified as well, describing changes she has made to the agency to create efficiencies and save costs.  Both Dreyfus and Burrell also discussed the focus on breaking down silos to serve the “whole person.”  In regards to addressing early learning issues, DSHS Secretary Dreyfus and Dept. of Early Learning Director Dr.  Bette Hyde meet regularly to continue building a partnership to serve the needs of the whole child.

Collective bargaining for child care center workers
HB 1329, “Providing collective bargaining for child care center directors and workers,” sponsored by Rep. Eric Pettigrew.

Status update & next step: Since being revived from the 2009 session where it received much attention and debate, HB 1329 has not seen any further action since being voted off the House floor on Thursday, 1/28. It is now assigned to the Senate Labor, Commerce & Consumer Protection Committee where it has much time to receive a public hearing and committee vote by the Friday, 2/26, cutoff.

ECEAP
SB 6668, “Regarding eligibility requirements for the early childhood education and assistance program,” sponsored by Sen. Claudia Kauffman. This bill seeks to expand eligibility to children with disabilities. See bill analysis at: http://apps.leg.wa.gov/documents/billdocs/2009-10/
Pdf/Bill%20Reports/Senate/6668%20SBR%20EDU%2010.pdf

Status update & next step:  This bill is still alive, having been voted out of the Senate Early Learning and K-12 Education Committee on Thursday, 2/4. It will likely be assigned to the Senate Rules Committee where it will be eligible for a full chamber debate and vote. It must be voted off the floor of the Senate by the 5pm, Tuesday, 2/16 cutoff to advance over to the House for consideration.

FEDERAL NEWS
On Monday, 2/1, the President released a budget proposal for FY 2011. Of importance to the early learning community, the President proposed:

• A $1.6 billion increase in child care, which is the largest one year increase ever; and
• Made changes to the Child and Dependent Tax Credit (DCTC) and the Earned Income Tax Credit (EITC) that help families with children.

For more detail, see the National Association of Child Care Resource & Referral’s update at: http://www.naccrra.org/policy/docs/Capital-ConnectionFeb1-FY-2011-Budget.doc

UWWA LOBBY DAY, 2/11
Building on a partnership with Thrive by Five Washington and the Department of Early Learning to educate business and community leaders about the importance of early learning, nearly 75 United Way board members, local business leaders, community volunteers and staff from across Washington will be in Olympia on Thursday, 2/11, to advocate for maintenance of critical early learning investments including ECEAP for three-year olds and preservation of funding for Working Connections Child Care.  United Way representatives will meet with legislators to stress the urgent need for a long-term view and invest in the best pay-off by expanding preschool for at-risk children as well as strengthening services and supports for children birth to age three. 

At the local level, many United Ways are actively engaged in early learning coalition work and will also emphasize the connection between local efforts and the state’s work to create an early learning system.

SUBSCRIPTION INFORMATION
This weekly legislative update is brought to you by the United Ways of Washington in partnership with the Washington State Child Care Resource & Referral Network. To subscribe please send the following info to Erica Hallock, CEO of UWWA, at erica.hallock@unitedway.org: (1) your name; (2) your organization name; and (3) your email address. We encourage you to forward the legislative updates to your networks. See previous updates at: http://www.unitedway-wa.org/leg_updates.html