March 13, 2009

Contents
Quick Overview for Week
Early Learning Take-Aways for Week
Bill Action for Week
Dead Bills
Federal Stimulus Update

Quick Overview for Week

• The week’s schedule was consumed by floor debate in the House and Senate due to the Thursday, March 12th cut-off to get bills out of their house of origin. To see the full cut-off calendar, visit http://www.leg.wa.gov/legislature/calendar/cutoff.htm.
• Now, the focus is back on policy committees as bills need to have a public hearing and vote before the March 30th cut-off. House bills will now be considered by Senate committees and vice versa, thus it is a relevant time to outreach to the committee members that will consider the early learning bills of importance to you.
• Next Thursday, March 19th, the Washington State Economic Revenue Forecast Council will release a revenue forecast. We will see the release of the Senate and House 2009-2011 biennial proposals shortly thereafter. A widened revenue shortfall is expected and the budget proposals will likely address the gap by proposing numerous program cuts. 

Early Learning Take-Aways for Week

• A town hall meeting in your legislative district is being held this weekend. If you attend, speak up for the early learning items you are care about most. View an updated list of the town hall meetings at League of Education Voter’s website at http://www.educationvoters.org/townhall.
• How to address the state’s child care subsidy rate and the inclusion of early learning in the definition of basic education continue to be the main early learning policy issues under debate.
• Now that legislative cut-offs have reduced the number of active policy issues under consideration, the focus now shifts to the future for the state’s investment in vital early learning programs as legislators grapple with the state’s gaping budget deficit.

Bill Action for Week
On Monday, March 9th HB 2261 which concerns the state education system (the “new” basic education bill) was voted out of the House Ways and Means Committee with amendments.
The amendments include a declaration of intent to do three things: (1) fulfill the legislature’s constitutional obligation to define and fund basic education; (2) establish a general, uniform system of public schools; and (3) develop a schedule to implement the new definition of basic education and funding for it at the same time, beginning in the 2011-12 school year with phase-in over a six year period.
This third item includes the creation of a basic education steering committee to monitor and oversee implementation of the new definition of basic education. Of note for early learning advocates, this steering committee includes a representative from the Department of Early Learning. Also of note, the steering committee will oversee five technical work groups, including an early learning work group. For details on the early learning work group, see section 110 of substitute HB 2261 at http://apps.leg.wa.gov/documents/billdocs/2009-10/Pdf/Bills/House%20Bills/2261-S.pdf.
House bill 2261’s language regarding the definition of basic education is very vague and clarification is needed on whether the basic education steering committee has authority to propose a new definition of basic education. To see the League of Education Voter’s petition urging elected officials to include early learning for at-risk children in the definition of basic education, visit: http://gopetition.com/petitions/wakidscantwait.html.
As reported in previous UWWA legislative updates, HB 2261 is coined the “new” basic education bill because competing bills (HB 1440 and companion SB 5444 versus SB 5607) on the subject were gridlocked earlier in the session and a fresh start was needed.
The full House passed the bill on March 12 by a 71-26 vote.  Amendments adopted prior to the Floor vote include the following directives for the proposed Early Learning Working Group:  recommend eligibility criteria focused on at-risk 3 and 4-year olds; develop options for a mixed service delivery system and a shared governance system including the Superintendent of Public Instruction and the Department of Early Learning; and continue development of a kindergarten assessment process.

The Senate’s Basic Education bill, SB 6048 does not contain any reference to early learning.
Also on Monday, March 9th the House voted 65 to 31 in favor of HB 1329 which provides collective bargaining for child care center directors and workers.  This bill allows center workers to unionize if the early learning program they work for accepts state subsidies for children from low-income families. Under this bill, eligible center works would be able to collectively bargain on subsidy rates, funding for professional development and training, increasing access to health care, and other economic support for child care centers. In broad strokes, the prominent debate policymakers had around this bill (and its companion, SB 5572) this week is whether collective bargaining through unionization is necessary to raise the subsidy rates.
Senate bill 5506 was the alternative to the collective bargaining proposals (HB 1329 and SB 5572) and would have initiated steps to raise the child care subsidy rate to eventually raise it to the 75th percentile of the market rate and directed that 10 percent of slots for the state’s Basic Health Plan be set aside for employees of child care centers that enroll at least one child with a subsidy without collective bargaining. However, SB 5506 was stalled in Senate Ways and Means Committee and did not clear the March 2nd fiscal committee cut-off, thus is considered “dead.”
Child care subsidies are provided for eligible children from low-income families. Child care providers who care for children on subsidies often do so for below-market-rate, meaning the subsidy reimbursement is less than what the provider can charge a private-pay family for the same services. The child care center often absorbs that financial loss.
Senate Bill 5572, the companion to HB 1329, did not receive a hearing on the Senate Floor, meaning it is now “dead.”  The proposal, however, remains under review through the House vehicle, 1329.
On Monday, March 9th, the Senate voted 47-0 in favor of SB 5617 that would make changes to the Early Learning Advisory Council.  Specifically, it changes the composition of the Council members, allowing for 25 members, 15 of those with voting rights.  It includes an annual August 1st due date for the statewide early learning plan and also modifies the Council's focus, including aligning resources, establishing key performance measures and ensuring children are ready for school.
On March 12, the State Government and Tribal Affairs Committee held a hearing on House Bills 2087 and 2151, both of which relate to the elimination of certain boards, commissions, and committees.  There was a proposal to amend the bill to reinstate the Council for Children and Families, but committee members felt they did not have enough time to look at all of the recommended changes and did not pass out either bill.  
Dead Bills
The following list itemizes bills we have previously reported on in the legislative updates that are now considered “dead” because they did not clear a cut-off date.  However, any bill deemed “necessary to implement the budget” can be revived through the budget process.

• Senate bill 5865 concerning the ECEAP and Head Start Study.  This bill would have directed the Joint Legislative Audit and Review Committee (JLARC) to review and compare the Early Childhood Education and Assistance Program (ECEAP) and federal Head Start by July 1, 2010.
• House bill 2107 regarding the administration of early learning home visitation programs.
• Senate bill 5619 (Kauffman) relates to kindergarten assessments.  It would have required the Department of Early Learning, within existing resources, to recommend six kindergarten entry assessments for statewide implementation.
• SB 5620 (Kauffman) proposed that one, unified and statewide Quality Rating and Improvement System model.
• House bill 1754 (Pettigrew) concerning continuity of care. This bill strived to reform parts of the state's subsidized child care system to ensure continuity of care, minimize financial barriers for parents and caregivers and streamline the process and increase predictability for providers.  It also took steps to move toward 12-month eligibility reauthorization, cap co-payments to ten percent of a household's monthly gross income for various subsidized child care programs, and increase the number of allowable absences from five to ten per month.  Some of these concepts may become part of the discussion regarding use of the federal stimulus funds.
• House bill 1944 (Kagi) regarding kindergarten assessment. This bill would have directed the Early Learning Advisory Council to work in collaboration with the Office of Superintendent of Public Instruction to convene a work group to develop and implement a uniform statewide kindergarten assessment process.  School districts would be required to implement this assessment by the 2011-12 school year.

Federal Stimulus Update
On March 10th, the House Human Services Appropriations Committee held a work session on the health and human service aspects of the American Recovery and Reinvestment Act.  The work session included a high-level overview of the child care pieces of the package.
Leslie Goldstein, Governor Gregoire’s Senior Policy Adviser, and Karen Tvedt, the Interim Director of the Department of Early Learning, provided the Committee with background on the Child Care and Development Block Grant, including an overview of Washington state’s current use of its existing allocation. 
Goldstein and Tvedt explained that the recent federal action means Washington state is slated to receive an estimated $33 million in additional Child Care and Development Block Grant funds.  Of that amount, the state must dedicate at least $5.5 million to quality initiatives, including the mandated infant and toddler set-aside.
Interim Director Tvedt went on to discuss the “supplement and not supplant” language included in the federal bill.  She stated the federal Administration for Children and Families has not yet issued definitive guidance on this requirement.  They do, however, expect funds to be awarded to states in approximately two weeks and they have been told states will be required to track these funds separately, including an accounting of the number of jobs created and retained with the additional dollars.
Rep. Miloscia asked about prevention efforts to reduce the growth in demand for subsidized child care.  Goldstein responded the program is designed to help working, low-income families out of poverty by providing child care assistance.  Legislators also had questions regarding the definition of “quality” and the level of resources currently going to support licensing functions.
On March 12, Governor Christine Gregoire’s Chief of Staff Cindy Zehnder and the Governor’s stimulus lead Dick Thompson attended a conference in Washington DC with other state leaders to learn more details about use of the stimulus funds.  President Barack Obama made a brief appearance at the conference, urging states to use the funds wisely and in a targeted and strategic fashion to reverse our nation’s economic downturn.