The
Legislature and the Department of Early Learning (DEL) have made some recent
changes to the Early Support for Infants and Toddlers (ESIT) program that are
causing some confusion among school districts, other early intervention
providers, ESDs, local lead agencies, and others. This letter intends to clarify
the new ESIT laws and rules.
In 2016, SB 5879 confirmed DEL’s role as the lead
agency for the ESIT program, and gives DEL rulemaking authority: http://lawfilesext.leg.wa.gov/biennium/2015-16/Pdf/Bills/Session%20Laws/Senate/5879.SL.pdf.
SB 5879 also
required DEL to complete a study of the fiscal aspects of the program in
coordination with the provision of data from the Office of Superintendent of
Public Instruction (OSPI), and a plan for a new structure to be delivered to
the Legislature in fall 2016. The study was completed, a plan was drafted, and
a document showing which elements of the plan would be going into effect on which
timelines is available here.
Following the intent of the Legislature, DEL went through a
public rule-making process and established rules regarding allowable
allocations, expenditures, and revenue sources in January 2017, which is available
here: https://del.wa.gov/providers-educators/early-support-infants-and-toddlers-esit.
Key elements of these rules include:
- Explicit requirements for the use of ESIT (Program
22) funds.
- Limitations established by DEL on the administrative
and indirect costs for pass-through or provision of services that can be
charged to the program.
- Requirements that providers (including school
districts) bill for all allowable early intervention services within the
parameters established by the current rules.
Consistent
with SB 5879, these rules are in effect now, and all contracts with
providers must reflect implementation of these rules. DEL intends to review contracts
between districts and providers, and will enforce the WAC appropriately through mechanisms established by DEL.
During this
2017 session, OSPI expects legislative appropriations language that asks DEL as
the lead agency to work with OSPI on the funding implications of the possible
transfer of the funds from OSPI and school districts to DEL as proposed in the DEL
ESIT plan that was submitted to the Legislature. Assuming such language is included in the final appropriations budget,
and NO legislation is passed to transfer the ESIT funds to DEL, state ESIT funds will continue to flow from
the legislature to OSPI to school districts and school districts are still
required to provide or contract out ESIT services as required in RCW 28A.155.065
consistent with the rules (and funding limitations) adopted by DEL in January
of 2017. The proposed funding shift and removal of the current requirement for school
districts to serve or contract for services to infants and toddlers aged 0–2 will
occur only when RCW 28A.155.065 is
amended by a future Legislature.
Superintendent
Reykdal and Director Hunter, at the direction of the Legislature, will work
together in summer 2017 to propose a range of ideas for how this program will
be financed in the future. If you have
any questions, please send them jointly to Kathe Taylor at OSPI and Frank
Ordway at DEL, who will work together on interagency responses. Kathe Taylor
may be reached at 360-725-6417 or email kathe.taylor@k12.wa.us, and Frank Ordway may be reached at 360-725-4919 or email frank.ordway@del.wa.gov.
Thank you.
Michaela W. Miller, Ed.D., NBCT
Deputy Superintendent
Office of Superintendent of
Public Instruction (OSPI)
600 Washington Street SE |
Olympia, WA 98504-7200
P.O. Box 47200 | Olympia, WA
98504-7200
Office: 360-725-6343 | fax:
360-753-6712 (NEW)| tty: 360-664-3631
michaela.miller@k12.wa.us
www.k12.wa.us
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Nondisclosure statement
OSPI provides equal
access to all programs and services without discrimination based on sex, race,
creed, religion, color, national origin, age, honorably discharged veteran or
military status, sexual orientation, gender expression, gender identity,
disability, or the use of a trained dog guide or service animal by a person
with a disability. Questions and complaints of alleged discrimination should be
directed to the Equity and Civil Rights Director at 360-725-6162/TTY:
360-664-3631; P.O. Box 47200, Olympia, WA 98504-7200; or equity@k12.wa.us.
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