United Ways of Washington
February 19, 2010

Contents
+ Week in Olympia
+ Early Learning Take-Aways for Week
+ Bill Status
+ Subscription Information

WEEK IN OLYMPIA

• The Capitol was abuzz with citizen participation in rallies with dueling messages on Monday despite many businesses being closed in observation of President’s Day.  It is clear that citizens, just like policymakers, have strong opinions on how to deal with the state’s $2.8 billion deficit. The morning began with a rally of 3,000 organized by the Citizen Action Network protesting any revenue increases. Later in the day, over 5,500 individuals organized by the group Rebuilding our Economic Future, including participants in the Children’s Alliance Have a Heart for Kids Day, called on lawmakers to take a balanced approach to the state’s fiscal situation and create revenue options in order to protect the values of Washingtonians such as protecting the most vulnerable of citizens.  
• Inside the Capitol, Monday and Tuesday were consumed by marathon floor sessions in the House and Senate as lawmakers raced to meet a 5:00 pm Tuesday deadline to pass bills out of their house of origin.  Bills that did not pass by this deadline are considered “dead” meaning the bill itself is not continuing to move through the legislative process unless it is deemed “NTIB,” or Necessary to Implement the Budget. However, a bill is never truly dead until Sine Die, or the official close of session. The items in bills can show up as budget provisos as part of a larger budget bill or as an amendment on a different bill that is alive.
• Finding revenue options to mend the $2.8 billion budget deficit was a prime and contentious discussion in the House this week. ESSB 6130 which temporarily suspends the supermajority (i.e. two-thirds) vote requirement for revenue increases established by I-960 has passed both the Senate and House with close votes. Temporarily suspending the supermajority vote required by I-960 is very similar to the constitutional amendment that was approved in 2007 that allowed for local school levies to pass with a simple-majority, instead of the previous supermajority requirement.  Because of that amendment, 49 local levies were approved earlier this month that would have not been approved prior to 2007.

On Wednesday, 2/17, the House passed ESSB 6130 with a 51-47 vote. On Wednesday, 2/10, the Senate passed the bill with a 26-22 vote.  I-960, passed by a 51% vote of the public in 2007, required lawmakers to approve revenue increases with a supermajority vote, a significant hurdle given other bills only require a simple-majority vote. Neither the House nor Senate has a majority party that can provide a super-majority, or two-thirds, vote. Lawmakers who voted in support of ESSB 6130 indicated they believe their constituents want them to take a balanced approach in dealing with the deficit. (Note: Last week we reported on 2ESB 6843 which also relates to I-960. ESSB 6130 has prevailed as the vehicle to move the discussion now).

• On Wednesday, 2/17, Governor Gregoire released a package outlining $605 million in proposed revenues. Among her proposals are plans to extend the sales tax to candy and gum; applying a tax to any carbonated beverage; closing tax loopholes; and increasing the tax rate on hazardous substances. For additional information and particular organizational responses, see blogs by the Washington State Budget & Policy Center and the Children’s Alliance.
• Plans to release the Senate and House versions of the budget were delayed another week and are now expected to come out early in the week of 2/22.  This leaves the legislature with just three weeks to finalize a budget to send to the Governor prior to the scheduled March 11th close of the session.

EARLY LEARNING TAKE-AWAYS FOR WEEK

• Town hall meetings with legislators will be held across the state this Saturday in local districts. These meetings are great opportunities to speak up for the funding priorities and bills that matter most to you. This is crucial time to speak up as budget discussions are intensifying and bills that may have been amended are now being considered in the opposite chambers, thus lawmakers are now considering bills they may not be familiar with.
• On Monday, 2/22, at 1:30pm the Senate Early Learning and K12 Committee will hold an important public hearing to hear testimony on three key early learning bills: (1) 2SHB 2731 proposes including preschool for vulnerable students in the definition of basic education; (2) 3SHB 2687 which would establish a fund for home visitation; and (3) 2SHB 2867 which elevates birth-three services.
• The discussion on whether to include preschool for vulnerable students in the definition of basic education was back in the House Early Learning and Children’s Services committee as SSB 6759 received a public hearing. This bill still stops short of stating early learning for vulnerable preschoolers is included in the definition of basic education. Advocates continue to push for inclusion as outlined in 2SHB 2731. SSB 6759 is prevailing as the competing proposal to 2SHB 2731. The Early Learning Action Alliance is working with legislators in both houses to bridge the differences between the two bills.
• Work on a kindergarten readiness pilot, called WaKIDS is underway. Right now, the Department of Early Learning (DEL), Office of Superintendent of Public Instruction, and Thrive by Five Washington are working with key partners and stakeholders to determine what WaKIDS will look like and how the data gathered will be used. Information from the pilot will be included in a report due back to the legislature no later than January 15, 2011. To stay informed about the progress on WaKIDS, please sign up for DEL’s key communicators list by sending an email to communications@del.wa.gov with “please add me to key communicators list” in the subject line.
• Attention early in the week was focused on the 5:00 pm Tuesday cutoff and ESSB 6130. At the tail end the week, attention returned to policy committees as bills from the opposite house will be heard in policy committees (i.e. House bills will be heard in Senate committee and vice versa).
• With the anticipated release of the Senate and House budget proposals next week, there will be new budget information that will more deeply inform the discussions around specific policies proposals. Policymakers must balance cost savings moves with protecting critical services. There will be significant discussions on competing priorities among legislators and advocates alike. Organizations typically do much advocacy to promote the funding items they support most once budget proposals are released.

BILL STATUS
Overview of legislative process
The focus has returned to policy committee work as bills are being considered by the opposite chambers. The bills that are still moving through the legislative process may have been amended more than once. For instance, the prefix 2SHB stands for second substitute house bill which signals it has been amended twice. Thus it is important to continue outreach efforts to policymakers to let them know where you stand on bills as they are currently written.

The next important cutoff dates relate to bills getting voted out of the House policy committees (Tuesday, 2/23), the House Appropriations committees (Thursday, 2/25), and the Senate policy committees (Friday, 2/26). As we have reported before, the cutoff schedule this year is unique based on the incremental cutoff for the three House Appropriations committees (e.g. Education, General Government, and Health and Human Services).

Helpful links about the legislative process:

• Cutoff calendar
• Overview of legislative process
• “How a Bill Becomes a Law” simple text  and simple cartoon for young students
• Other educational and instructional material from the Legislative Information Center

Preschool for vulnerable students included in basic education
The two key bills addressing this issue are 2SHB 2731 and SSB 6759. 2SHB 2731 continues to boldly state preschool for vulnerable students should be included in the definition of basic education. SSB 6759 stops short of inclusion and instead calls for another study to account for new factors such as the Attorney General’s opinion and the K12 lawsuits. Inclusion continues to be an issue advocates are intently focused on because it is a strategy to protect funding for the program which is especially vulnerable during this fiscal climate. It is clear inclusion is an issue of importance among policymakers and advocates alike. It is unclear which proposal will prevail as the House and Senate versions are still significantly different. Thus it is still timely for you to weigh-in on this issue with your elected officials.

In the House

2SHB 2731, “Creating an early learning program for educationally at-risk children,” sponsored by Rep. Roger Goodman. HB 2731 is still alive and moving. This is the bill advocates have consistently supported based on its alignment with previous stakeholder work and recommendations.

It passed off the House floor on Saturday, 2/13, with a 67-28 vote.  It will receive a public hearing in the Senate Early Learning and K-12 Committee on Monday, 2/22.

In the Senate: early learning not included in the definition of basic education and changes to ELAC

SSB 6759, “Requiring a plan for a voluntary program of early learning,” sponsored by Sen. Claudia Kauffman.

What SSB 6759 says now:

• A working group will be convened to examine the barriers and opportunities of at least two options: including a program of early learning under the program of basic education; and a program of early learning as an entitlement, either statutorily or constitutionally protected.
• The working group will consider previous reports and studies that recommend preschool for vulnerable students be involved in the definition of basic education and the Attorney General’s opinion on the matter.
• The Quality Education Council (QEC) needs to work with the Early Learning Advisory Council (ELAC) to present a final report to the legislature by January 1, 2011.
• Specifies the purpose of ELAC is to: “advise [DEL] on statewide early learning issues that would build a comprehensive system of quality early learning programs and services for Washington's children and families by assessing needs and the availability of services, aligning resources, developing plans for data collection and professional development of early childhood educators, and establishing key performance measures.
• Reduces the number of ELAC members to 23 from 25 and makes a couple other technical changes to the make-up of ELAC members including reducing Thrive by Five’s membership to one seat from two.

The changes to ELAC (last two bullet points above) mirror the content of 2ESB 5617, “Changing early learning advisory council provisions,” sponsored by Sen. Claudia Kaufman. SB 5617 was originally introduced in the 2009 legislative session and was passed as amended by the Senate, then passed as amended a second time by the House. The House and Senate could not agree on the changes made to the bill thus it did not become law despite being voted out of both chambers in 2009. At the close of the 2009 session, the bill was returned to the Senate Rules Committee. This year, the Senate took it up and voted affirmatively (45 yea, 0 nay, 4 excused) on a further amended version of the bill on Monday, 2/8. 2ESB 6517 is now assigned to the House Early Learning and Children’s Services Committee where it is scheduled for a public hearing on Friday, 2/19, 1:30pm.

Similar to the introducing companion bills that have identical language, this move to have suggested changes to ELAC in two bills (2ESB 5617 and SSB 6759) is a strategy to increase the chances of success the measures will become law.

SSB 6759 passed off the Senate floor on an impressive 47-0 vote.  It quickly got scheduled for a public hearing in the House Early Learning and Children’s Services Committee on 2/18.

Advocates have consistently been in support of inclusion in basic education. While this bill stops short of that, advocates believe this bill is keeping momentum and holding focus on the conversation.

Testimony on 2/18 focused on the conclusive studies, science, and research that support expanding early learning opportunities. The Committee heard testimony from representatives of the business and K12 communities, law enforcement, and the Early Learning Action Alliance (ELAA) including: Paul Knox, Executive Director of the United Way of Thurston County representing the United Ways of Washington; Laura Wells of Fight Crime: Invest in Kids; Hannah Lidman of the Economic Opportunity Institute representing ELAA; Frank Ordway of League of Education Voters; and Carol Wood of the United Way of King County.

Knox, Ordway, and Lindman pointed to conclusive and compelling research that early learning is a critical asset for children, families, and communities. Wells reinforced this by sharing that high-quality early learning is the best strategy for dropout and crime prevention. Ordway addressed concerns expressed by Rep. Seaquist that the bill does not focus on outcomes. Per Ordway, studies show that when high-quality early learning programs are delivered well, the outcomes are there.

Rep. Walsh thanked the Unite Ways of Washington for creating a brochure that helps to raise awareness about the positive economic impacts of early learning. Rep. Seaquist noted that United Way of Pierce County CEO, Rick Allen, is a good example of local leadership creating a collaborative approach to address early childhood issues.

Sen. Kauffman, the bill’s prime sponsor said that while studies have recommended that early learning for vulnerable preschoolers be a part of basic education there are still may questions about how that would work. She said it is important to include the QEC given all of the focus on K12 education and the recent lawsuits.  She expressed general support for making meaningful connections between early learning and K12 education. She shared that the bill had started out as including preschool for vulnerable preschool students in the definition of basic education but she learned that concept “would not fly,” and cause the bill to stall. In response, Rep. Goodman asked Sen. Kaufman what the obstacles were that led to her removing early learning as part of basic education. Sen. Kaufman answered that her conversations with other legislators and the Governor’s veto of the provision from HB 2261 (which passed in 2009) led to her decision. Thus, the bill has been modified, and “well worked” in hopes of building on the early learning and K12 linkages that have been made thus far.

Sen. Kaufman also addressed questions from Rep. Kagi about why the bill reduces the size of ELAC. Sen. Kaufman hopes the measure will make reaching a quorum achievable and address imbalance in membership. This is similar to a measure Sen. Kaufman introduced last year that did not pass.

Leslie Goldstein of the Governor’s office expressed support for this bill which is consistent with her testimony throughout this session that the Governor does not believe now is the time to include preschool for vulnerable students in the definition of basic education based on the Attorney General’s opinion.

Elevating birth-three services

2SHB 2867, “Promoting Early Learning,” sponsored by Rep. Ruth Kagi.  2SHB 2867 is alive and moving. It was voted out of the House on a 66-32 vote.  It will also receive a public hearing in the Senate Early Learning and K-12 Committee on 2/22.

Home visitation
3SHB 2687, “Creating the home visiting services account,” sponsored by Rep. Ruth Kagi is alive and moving. It was approved by the House on 2/15 on an 89-9 vote.  It will be heard in the Senate Early Learning and K-12 Committee on 2/22.

Family-friendly workplace policy
EHB 2444, “Providing leave from employment for participating in a child's educational activities,” sponsored by Rep. Brendan Williams. This bill outlines modification to the state’s Family Leave Law to allow employees to take up to four hours of unpaid leave during any 12-month period to participate in a child's educational activities. This bill passed the House on Saturday, 2/13, with a 54-40 vote, and is assigned to the Senate Labor and Commerce & Consumer Protection Committee where it is scheduled for a public hearing on Tuesday, 2/23, at 1:30 pm.

Working Connections Child Care (WCCC)
2ESHB 3141, “Redesigning the delivery of temporary assistance for needy families,” sponsored by Rep. Ruth Kagi. 2ESHB 3141 is alive and moving. It was approved by the House on 2/15 with a 51-43 vote as amended.

The bill received a public hearing Thursday, 2/18, in the Senate Human Services and Corrections Committee. Parents provided testimony about how the interruption of care impacts their family negatively. Legislators showed interested in finding efficiencies in this system due to staff reductions in government from budget cuts and a desire to minimize negative impact to families.

Collective bargaining
HB 1329, “Providing collective bargaining for child care center directors and workers,” sponsored by Rep. Eric Pettigrew is alive. On Monday, 2/15, it received a public hearing in the Senate Labor and Commerce and Consumer Protection Committee. There were numerous people that signed up to testify in favor and in opposition of this bill.  

While this bill received much attention and discussion from policymakers and advocates alike last year, this year’s climate is very different than last year’s due to the state’s difficult budget climate creating more scrutiny on bills in regards to fiscal feasibility, likelihood of achieving desired outcomes, and government efficiency.

Administrative changes
Transfer of ITEIP to DEL
This concept has consistently received positive support from advocates and DEL staff for being a common sense move based on good partnership work between DSHS and DEL.

• 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 bill is alive and still moving. It was voted out of the Senate with a 44-1 vote on Saturday, 2/13, and was then assigned to the House Early Learning and Children’s Services Committee where it is scheduled to receive a public hearing on Friday, 2/19, at 1:30pm.
• 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 is the companion bill to SB 6593 and it is now stalled since it was not voted off the House floor by the 2/16 cutoff.  However, the issue is still moving with SB 6593.

Restructuring DSHS

• HB 2197, per the 1st substitute version of the bill HB 2197 is renamed “Restructuring the department of social and health services,” sponsored by Rep. Mike Armstrong.  Even though this bill was not approved by the 2/16 deadline, the bill is not “dead,” because it has been deemed “NTIB,” or Necessary to Implement the Budget. 

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