After a multi-year legal battle against the Trump administration’s 2019 public charge rule, advocates in Illinois and across the nation celebrated a legal win that invalidated the rule nationwide.

While celebrating this victory for immigrant rights, to ensure that all families can feel safe accessing vital safety net programs, advocates and family-facing providers must continue to share accurate information with immigrant families and children.

What happened to the public charge rule?

In early February, the Biden administration issued an immigration-focused executive order, directing relevant federal agencies to review and evaluate the effects of the 2019 public charge rule and address the policies’ effects on our immigration and public health systems within 60 days. Read more in my previous post.

On March 9, 2021, following these directives, the Department of Homeland Security (DHS) announced that continuing to defend the final rule is, “neither in the public interest nor an efficient use of limited government resources.” 1 The Department of Justice correspondingly announced that it would no longer defend the 2019 rule, including ceasing to pursue appellate review of judicial decisions invalidating or enjoining enforcement of the rule.

The motions filed to dismiss the defense of the rule bring an end to a nearly two-year battle fought by advocates and invalidate the rule nationwide. Start Early particularly applauds Illinois-based immigration advocates who played pivotal roles in these efforts, including the Shriver Center on Poverty Law, Legal Council for Health Justice and the Illinois Coalition for Immigrant and Refugee Rights.

What does this mean for immigrant families?

The “public charge” inadmissibility test has been a feature of immigration law for decades. It allows the government to deny an immigrant’s application for admission to the United States or an application for lawful permanent resident status (or “green card”) if they are deemed likely to depend on public benefit support in the future. Through its 2019 rule, which can no longer be enforced, the prior administration instituted changes to criteria for how public charge determinations are made, further restricting who can lawfully live in this country.

With the permanent ban on the 2019 public charge rule, the 1999 public charge rule, which was in effect before the prior administration’s changes, is now active. Under this existing guidance, DHS will not consider public housing, Supplemental Nutrition Assistance Program benefits or Medicaid use (except for long-term institutionalization) when making their public charge inadmissibility determinations. ­In addition, concerns about health care accessibility, prevention services, including vaccines, and medical treatment for COVID-19 will not be counted in any public charge inadmissibility determinations.

What do advocates and providers need to do next?

While the prior administration’s public charge rule can no longer be enforced, the active rule can still have harmful implications, such as if families turn down needed public benefits or other support programs due to fears of immigration-related consequences. As discussed in an earlier blog post on the issue, this phenomenon, known as the “chilling effect,” has already had serious effects on uptake rates for maternal and child health programs. A prior immigration-focused executive order by the Biden administration already calls on relevant federal agencies to develop communications that clarify the applicability of the public charge rule to reduce the harmful impact on immigrants and their families.

Still, recognizing the confusion around the public charge rule that was created by the prior administration, advocates and providers alike must continue to disseminate up to date and accurate information about the end to the 2019 public charge rule.

Reputable immigrant rights organizations have already started disseminating updated information for families and providers, including the following:

 


Sources
1 DHS Statement on Litigation Related to the Public Charge Ground of Inadmissibility

Trivia!

As both the Senate and House of Representatives have spent the bulk of the last two weeks “on” the Floor, this has been a common sight in both chambers. Masked Rostrum staff, surrounded by plexiglass, keeping the process moving. And, I should add, working incredibly long hours, including weekends.

In the State Senate, the Lt. Governor serves as President and presides over nearly every Senate Floor activity. In the House, multiple people serve in that presiding role. Much of the House Floor activity is led by the Speaker Pro Tempore (currently Representative Tina Orwall) and the Deputy Speaker Pro Tempore (currently Representative John Lovick). Speaker Laurie Jinkins will also preside on occasion, particularly when monumental bills are under consideration.

Since this is our new Lt. Governor Denny Heck’s first year in the role of Senate President, this week’s trivia is focused on tidbits about Lt. Governor Heck. To learn more beyond the bland web articles, I reached out to the Lt. Governor’s longtime friend and my colleague, Paul Berendt.

  1. What was Lt. Governor Heck’s job immediately prior to his November election as Lt. Governor?
  2. Lt. Governor Heck is an avid fan of what basketball team?

Highlights of the Week

American Rescue Plan Act is Now Law. Following an all-nighter by the U.S. Senate on Friday night/Saturday morning and a confirmation vote by the U.S. House of Representatives on Wednesday, President Joe Biden signed the American Rescue Plan Act into law on Thursday, March 11th.

There is a lot of press around the many positive investments for our nation’s families, including the Child Tax Credit as well as substantial child care, Head Start, and home visiting investments. The per state funding allocations are still being finalized and we are all anxiously awaiting federal guidance on spending parameters.  In the meantime, I wanted to share this resource developed by the national First Five Years Fund that contains details on the specific investments targeted to families. As Washington state budget writers put the finishing touches on their proposals, we will be carefully watching how they approach this significant infusion of federal dollars for families and other critical public investments.

Fair Start Act Bills Advance. Both the Senate (E2SSB 5237) and the House (E2SHB 1213) versions of the Fair Start for Kids Act passed out of their respective chambers before the March 9th cutoff. Start Early Washington has updated its resource documents detailing a summary of the most recent amendments and a side-by-side chart of the current versions of both bills. E2SSB 5237 has been scheduled to be heard in the House Children, Youth and Families Committee on Thursday, March 18th. E2SHB 1213 has not been scheduled for a public hearing as of this writing.

This is an exciting time for Washington families as the state is poised to adopt a roadmap for broadly expanding its quality early learning infrastructure, backed by significant new investments. With amendments adopted on Saturday, the Senate signaled its priorities for the Fair Start Act by advancing the timeline for implementation of increased eligibility and reimbursement, leveraging a portion of child care funding from the American Rescue Plan Act.

Specifically, the Senate amendments increase:

  • Income eligibility for families for Working Connections Child Care beginning July 1, 2021 from 200% of Federal Poverty Level to 60% of State Median Income. This represents an increase in income eligibility for a family of three from $43,920 to $51,804.
  • The Working Connections Child Care reimbursement rate to 85th percentile as of July 1, 2021.
  • The ECEAP reimbursement rate by 10% beginning in the 2021-22 school year.

The House version has not yet been amended to reflect how the federal child care and other funding will advance the Fair Start for Kids Act goals. With both bills still moving, we can expect the Senate and House to decide on one of the bills as the vehicle to move forward and negotiate differences between the two policy and budget approaches.

Capital Gains Tax Passes Senate. On Saturday, the State Senate passed Capital Gains for the first time on a 25-24 vote. ESSB 5096 would impose a 7 percent capital gains tax effective January 1, 2022.

The bill contains intent language that the first $350 million generated by the tax would go into the Education Legacy Trust Account with a focus on early learning and child care; the next $100 million to the state General Fund; and the balance of funds collected would go into a newly created Taxpayer Fairness Account.  This Taxpayer Fairness Account is intended to fund the Working Families Tax Exemption referenced above.  This Seattle Times article provides a summary of the debate and the bill’s details.  ESSB 5096 will receive a public hearing in the House Finance Committee on Monday, March 15th.

Floor Action Concluded.  After what felt like weeks of staring at screens as the House and Senate spent hours alternating between caucus meetings, debates and votes, the initial round of floor activity concluded on Tuesday, March 9th.  For lobbyists, monitoring Floor activity in a virtual environment required constant refreshing of TVW and texting colleagues, “are they back?”

Given that I reported on the 5:00 bill last week, I thought I would share how our legislature approached it this year. The House actually adjourned at 3:46 p.m., far before the 5:00 deadline. Their final bill before cutoff was ESHB 1297, the Working Families Tax Exemption. This bill passed 94-2 and it looks like there will finally be funding for this policy that has been on the books but unfunded for more than 10 years.

The Senate took the unusual step of scheduling a House bill for its 5:00 bill.  This is unusual because a House bill is not subject to cutoff deadlines at this stage. The House bill covered was SHB 1088 relating to potential impeachment disclosures. This bill passed 46-3 and is one of the policy reform proposals under review this year. Senate leadership stated they took this unusual step to demonstrate their commitment to advancing law enforcement reform this year.

Bill Roundup

Early Learning Facilities Bill Moves to the Senate. On Monday, the House approved ESHB 1370 on a 90-7 vote, making improvements to the existing Early Learning Facilities program. Prior to the vote, the House approved an amendment to name the facilities funds after former Representative Ruth Kagi. On a day with sometimes controversial items, this provided an opportunity for members on both sides of the aisle to celebrate Representative Kagi’s legacy. Related to my blurb above about presiding officers, Speaker Jinkins presided over consideration of ESHB 1370 and took a point of personal privilege following the bill’s passage to honor her former seatmate, Representative Kagi. ESHB 1370 is now in the Senate, where it was referred to the Senate Ways and Means Committee.

DCYF Licensing Bill Receives Public Hearing.  On Thursday, the House Children, Youth and Families held a public hearing on SSB 5151, DCYF’s licensing bill.  The bill contains a number of licensing provisions within the Department.  In terms of early learning, the bill waives child care licensing fees until June 30, 2023 and makes the outdoor preschool pilot program permanent.  It is scheduled to receive a vote in the committee on March 17th.

On Deck Next Week

Revenue Forecast. Scheduled appropriately on St. Patrick’s Day, the state’s Economic and Revenue Forecast Council will receive an updated revenue report. This report will help inform budget writers in their efforts to finalize their budget proposals. At a media availability this week, House Majority Leader Representative Pat Sullivan noted that the budget proposals may be released a little later this year to give budget writers time to analyze the various aspects of the American Rescue Plan Act.

Trivia Answers

  1. Prior to his November election, Lt. Governor Heck was a Member of the U.S. House of Representatives, representing the 10th District (Olympia).
  2. Lt. Governor Heck is a fervent Gonzaga Bulldog basketball fan. When he used to appear on cable news shows during his time in Congress, he often had a Gonzaga hat or other Zags item displayed prominently in the background.

Lt. Governor Heck served five terms in the Washington State House of Representatives. He was first elected at the ripe age of 24 in 1976, and he eventually rose to the position of House Majority Leader. Lt. Governor Heck also served as Chief of Staff to former Governor Booth Gardner and helped found TVW. This experience with the Washington State Legislature allowed him to jump right into presiding over marathon Senate floor sessions (although he did slip more than once and refer to the body as the House – understandable!).

The son of a telephone operator and a teamster, our Lt. Governor was one of the first graduates of Evergreen State College. He has called Olympia home for forty years, so it is really not a surprise he would come back to the State Capitol where he started his career. According to Paul, the Lt. Governor is an “extraordinary” cribbage and pinochle player and is a part of an Olympia based book club that has met for a number of years.

I wonder if his book club read Heck’s own 2002 novel, “The Enemy You Know” about Jess Stevens who, according to Amazon, “retires abruptly at the peak of his career to build a ‘dream’ home on the idyllic shores of Loon Lake, 35 miles north of Spokane, Washington.”

Tomorrow, President Joe Biden is expected to sign the American Rescue Plan, a sweeping $1.9 trillion stimulus package to help families across the country struggling with the impact of the COVID-19 pandemic.

The legislation includes investments in child care, health care, housing assistance, special education, mental health services, stable access to food and other supports for families that will go a long way to alleviating many of the challenges the pandemic has brought to families across the country -particularly those who live in communities that have been historically under resourced and overburdened.

It provides $39 billion in child care funding, includes immediate supports for child care providers who have been hit hard by the pandemic economically, allows states to ensure essential workers can access child care with little- to no-cost to them — regardless of income — and includes funding for the important work of rebuilding and strengthening state child care systems.

The legislation also includes significant investments for other critical parts of the prenatal-five system, including $200 million to support preschoolers with disabilities and $250 million for infants and toddlers under the Individuals with Disabilities Education Act (IDEA), $1B for Head Start programs, and $150 million for the Maternal, Infant, and Early Childhood Home Visiting (MIECHV) program.

In response, Kristin Bernhard, senior vice president of Policy and Advocacy at Start Early issued the following statement:

“Start Early applauds Congress for passing one the most significant investments in young children in decades, the American Rescue Plan. There has never been a more critical time to support children, families and the early childhood workforce.

“The last year has illuminated how the ongoing impact of historical and systemic racism continues to magnify the stressors so many of our youngest children and their families face, such as homelessness, food insecurity, and financial instability.

“While our early childhood education system was broken well before the pandemic began, the pandemic has left child care in America on the verge of collapse and in a state of crisis never seen before.

“Millions of families are struggling to provide the high-quality care needed for their children’s well-being and their ability to work. Doulas, home visitors, preschool teachers, in-home providers and other early childhood professionals have been forced to put their lives on the line or shutter their doors, all while being compensated at levels that don’t reflect their expertise or the importance and complexity of the work they do.

“Our nation has underfunded this crucial support for families for decades. This funding has the potential to improve access to quality early learning and care for all families.

“Perhaps most importantly, the American Rescue Plan creates an opportunity to build towards a bright and just future for all children. Now our efforts must focus on supporting states to effectively use the funds to repair and redesign early childhood systems and supports to be more equitable, to increase access for Black, Indigenous and people of color (BIPOC), to reach more children with disabilities and their families, and to target funding to build capacity of currently under-resourced communities.”

On March 8, Illinois Governor J.B. Pritzker signed the Education and Workforce Equity Act (HB 2170), the state’s latest commitment to advance racial equity throughout its education system.

Start Early applauds the Illinois Legislative Black Caucus for championing this comprehensive and momentous legislation, which tackles improving racial equity in every portion of the education continuum, including starting with our very youngest learners.

See below for an outline of early childhood provisions included in this legislation.


  • Extend Early Intervention (EI) services to three-year olds until their next school year begins. This allows children receiving Early Intervention (EI) services prior to their third birthday and are found eligible for an Individualized Education Plan (IEP) in preschool to remain in the EI program until the beginning of the school year following their third birthday. (Their third birthday must fall between May 1st and August 31st.) This change will minimize gaps in services, ensure better continuity of care, and align practices for enrollment of preschool children with special needs to the enrollment practices of typically developing preschool children.
  • Establish the Early Education Act, which contains legislative findings that Early Intervention services are cost-effective. The Act encourages the IDHS to prepare and submit a report to the ILGA on the use of the “at-risk” category for eligibility of EI services and an affirmative outreach plan for dissemination of information about the category. The Act also encourages the development of specialized teams to address the complex needs that sometimes arise in the provision of services and to launch a demonstration project with the goal of better coordination and timely connections between neonatal intensive care units and Early Intervention services.
  • Establish in state law a kindergarten readiness assessment, an observational tool designed to help teachers, administrators, families, and policymakers better understand the developmental readiness of children entering kindergarten. Illinois began requiring the administration of its kindergarten readiness assessment several years ago, but unlike other state education assessments, there is no current reference to it in law. This formalizes the State Board’s current policy in statute, allowing schools, districts, and the state to understand better where our young learners need support to be successful in kindergarten and beyond.
  • Establish the Infant/Early Childhood Mental Health Consultations Act, which encourages the state to increase the availability of Infant/Early Childhood Mental Health Consultation (I/ECMHC) services through increased funding, encourages relevant state agencies to develop and promote improved materials for families and providers, and encourages relevant state agencies to provide more data on early childhood expulsions, among other things.
  • Require behavioral health services providers for children under 5 to use a developmentally appropriate diagnostic assessment and billing system. Previously, state law required that Medicaid diagnosis codes for behavioral health services in young children must be coded by the Diagnostic and Statistical Manual of Mental Disorders or the International Classification of Diseases, which are not developmentally appropriate for young children. The new legislation requires the use of DC 0-5 diagnostic codes for children under 5 and publicize the existing crosswalk to the ICD-10 codes for billing purposes.
  • Establish the Early Childhood Workforce Act, which recognizes the critical role of the early childhood workforce. It encourages IDHS to offer targeted outreach and financial support to those seeking to increase their credentials while prioritizing diversity and communities with the greatest shortages. It provides annual reports on those receiving scholarships and encourages agencies to prioritize reaching compensation parity between early childhood and its K-12 peers.
  • Establish the Equitable Early Childhood Education and Care Act, which recognizes the role that high-quality early childhood experiences have on children’s short and long-term outcomes. The act also demonstrates support of the Illinois General Assembly for the goals of the Illinois Commission on Equitable Early Childhood Education and Care Funding and encourages the state to create an implementation planning process and timeline with a designated body accountable for implementing the Commission’s recommendations.

Disclaimer: With both the Senate and House working late into the night this week, there is a chance there may be action on legislation covered in this update after we have “gone to print.”

Trivia!

This week’s trivia is in honor of Women’s History Month.

  1. What year were women first elected to the Washington State House of Representatives and when was the first woman elected to the Washington State Senate?
  2. With March Madness approaching, and the nation focused on rankings, what is the Washington State Legislature’s current national ranking for its number of elected women? (And I never miss a chance to say – GO ZAGS!)

Highlights of the Week

Halfway Mark and “5:00 Bill”. We are now just over halfway through the 2021 legislative session, with the April 25th adjournment date getting ever so much closer. This week was almost exclusively focused on Senate and House floor activity.

Both bodies plan to work over the weekend in advance of the 5:00 p.m. Tuesday, March 9th Floor Cutoff deadline. During the lead up to every Floor Cutoff, there is speculation as to what will be the “5:00 bill.” This expression relates to the rule that if debate starts on a bill prior to 5:00 p.m., the debate can continue for as long as it takes – there is not a hard stop at 5:00.

Sometimes the “5:00 bill” will honor a legislator. For example, two years ago one of the 5:00 bills was Speaker Chopp’s behavioral health bill, a passion of the then Speaker. This extra time provided a chance for legislators to honor Representative Chopp’s legacy as Speaker as he had previously announced plans to step down from that role. Legislators on both sides of the aisle donned mustaches (his signature look) to the delight of the Speaker.

Other times the 5:00 bill can be a controversial item. I recall a couple of years ago the 5:00 bill in the Senate was an immunization bill and there were questions as to whether the proper steps had been taken to initiate the debate prior to 5:00 p.m. After conferring with the Senate counsel, then Lt. Governor Cyris Habib ruled all necessary steps had been taken, and bill received debate and a vote. There are a number of “big” bills in play this year, so there are many “5:00 bill” options.

Floor Activity Shifts Back to Committee Action. Following the March 9th Floor Cutoff, action will return to policy committees where those committees will begin review of bills that passed the opposite chamber. This review will proceed at a brisk clip, with a March 26th cutoff for bills to pass out of policy committees.

Two early learning bills have been scheduled for public hearing in House Children, Youth and Families Committee on Thursday, March 11th: SSB 5151, the Department of Children, Youth and Families licensing bill, and 2SSB 5237, the Senate’s Fair Start for Kids Act (pending approval by the Senate first).

Capital Gains Proposal Continues to Receive Attention. On Wednesday of this week, Senator June Robinson’s Capital Gains proposal, SSB 5096, was moved from the Rules Committee to the Senate Floor calendar. This means there could be a Senate vote for Capital Gains at any time.

A proposed striking amendment to SSB 5096 is posted, adding intent language for the use of the new revenues and changes the distribution of funds generated by capital gains. The striking amendment proposes that the first $350 million collected every year be directed to the existing Education Legacy Trust Account; the next $100 million to the state General Fund; and the balance of revenue collected into a newly formed “taxpayer fairness account.” The intent section states that dollars in the taxpayer fairness account would be used to offset existing tax burdens and would be used to fund policies like the Working Families Tax Exemption.

More specifically, the bill declares legislative intent that the first $350 million collected and directed to the Education Legacy Trust Account is intended to support education, including early learning, and child care.  It also says that funding should also be used to provide for the economic security of low-income households struggling to afford child care and preschool.

There is a lot of debate about the merits and timing for new revenue. This Austin Jenkins piece from March 1st provides a solid overview of the differing schools of thought on this issue.

Early Learning Facilities Funds Proposed to Be Named After Former Representative Ruth Kagi. SHB 1370 by Representative Lisa Callan would make improvements to the Early Learning Facilities Funds by increasing the grant and loan award limits and reducing the requirement that the project site be under the applicant’s control from a minimum of 20 years to a minimum of 10 years.  SHB 1370 is awaiting a vote on the House Floor.  A proposed Floor amendment would rename these funds the “Ruth LeCocq Kagi Early Learning Facilities and Revolving Fund Accounts” in honor of Ruth Kagi’s tremendous contributions to advance early learning.  A well-deserved honor!

Economic Forecast. On Wednesday, the Washington State Economic and Revenue Forecast Council received an updated economic forecast. This economic forecast informs the revenue forecast that will be released at the Council’s March 17th meeting, which will , in turn, inform the Senate and House budget proposals that will be released shortly thereafter.

In his presentation, the State Economist Dr. Stephen Lerch reported that the economic forecast includes effects of the federal stimulus bill passed in December 2020 and assumes passage of the primary parts of the $1.9 trillion stimulus bill currently under review in Congress.  In the positive news column, revenue collections exceeded November projections by $593 million (or 9%); housing construction in Washington state continues to outpace November estimates; and while employment has declined since November, overall employment rates are expected to grow.

Not surprisingly, the risks to the economic forecast are still associated with COVID.  The largest risk relates to vaccine distribution.  If the vaccine rollout goes faster than projected, we could see more people returning to work, more consumer confidence and a return to more typical spending patterns.  If there are slowdowns with vaccine distribution, or if the virus variants cause increased illness, the opposite would be true.

A couple data points that jumped out to me:

  1. Based on an early February U.S. Census Survey, the top two reasons for changes in household spending in Washington state were concerns over crowds and concerns about the economy.
  2. Compared to the November forecast, Washington’s population growth is expected to slow due to higher death rates (think COVID) and lower migration.

Trivia Answers

  1. I do love a trick question. Frances Axtell and Nena Jolidon Croake were both elected to the Washington State House of Representatives in 1912, two years after women in Washington gained the right to vote in 1910. It took 10 more years for Reba Hurn to be elected to the State Senate in 1922.
  2. Washington State ranks 9th in the country for women in its Legislature. Women comprise 41.5% of the Legislature, with 19 of the 49 Senate seats held by women and 42 of the 98 House seats held by women.

More Information About Our State’s First Female Legislators


Both Representatives Axtell and Croake were born in Illinois and had advanced degrees. Representative Axtell represented Bellingham and Representative Croake represented Tacoma. Both women only served one term, with Representative Axtell focusing on public safety legislation and Representative Croake on improving working conditions for women. The press labeled Representative Axtell “the lady from Whatcom who votes as she pleases.” It does not appear that Representative Croake served long enough to get a label.

An April 24 2019 Fairmount Memorial Association post had more information on Washington state’s first female Senator, Reba Hurn of Spokane, who was elected in 1922. In addition to being the first female member of the State Senate, Senator Hurn was also the first women admitted to the Washington State Bar Association. Senator Hurn’s primary focus during her legislative career was defending Prohibition and she worked to ensure Washington stayed “bone dry.” Given that interest, it is not a surprise to hear she chaired the Public Morals Committee (I’m really curious what types of bills that committee reviewed). She also chaired the State Library committee. Senator Hurn was defeated during her run for a third term because her constituents did not agree with her goal of eliminating county government, an issue her rural constituents held dear. Looking at life nearly 100 years later, I would say both county government and access to alcohol have prevailed!

Sen. Reba Hurn, photo courtesy of Fairmount Memorial Association

The science is clear: the first three years of life are the most critical for development. However, it is in these earliest years where we shortchange our children the most. We know that we have a lack of programs and services across the country for infants, toddlers and their families – and those that we do have are extremely underfunded. In order to address these disparities and ensure a bright future for youngest children, bold and collective action is needed.

Last year, in Illinois, a broad group of 100+ diverse stakeholders convened to develop an ambitious, comprehensive, multi-year and strategic policy agenda that spells out exactly what Illinois families need to have the strongest foundation in their first years of life. Through the agenda’s execution, 100,000 more expecting families, infants and toddlers will receive services and supports they need by 2025. In developing recommended policy priorities, we examined data, applied a racial equity lens and focused on Illinois’ priority populations.

We have since kicked off our work to implement our Illinois Prenatal to Three (PN3) Policy Agenda through the Prenatal to Three Coalition, as part of a national movement of 19 states funded by Pritzker Children’s Initiative to move prenatal to age 3-focused efforts and policies forward. Start Early, together with the Illinois Governor’s Office of Early Childhood Development, will lead the Coalition as a public – private partnership.

While our agenda is comprehensive, its structure is clear and simple with four interconnected priorities:

  1. Healthy parents and babies, so that each expecting family and family with infants and toddlers has access to the critical services they need.
  2. High-quality learning, so families have access to the types of care and education they need during the earliest, most foundational years of their development.
  3. Economically secure families that have access to basic income supports necessary to provide essential needs and do not have to sacrifice a job to care for children.
  4. Strong infrastructure with an equitable, cohesive system of supports for families, providers and communities.

At the time of the agenda’s development, we had no idea that the last year would bring such radical changes. In this unprecedented landscape, many of us have seen, in increasingly stark terms, the growing number of families who face frightening financial hardship and have uncertain access to health services that could not be more critical.

If we truly want to end the racial inequities that persist today, we must start at the beginning and ensure that expecting families and babies have what they need for a strong foundation. Together, we are addressing the root causes of disparities and working to create an equitable and cohesive early childhood development system of supports for Illinois’ expecting families, infants and toddlers and the communities in which they live.

The support of individuals and/or organizations is critical to delivering on the Illinois Prenatal to Three Agenda. To join this collective effort, please complete our Interest Form or reach out to our team at IllinoisPN3@StartEarly.org.

Amidst a wave of executive orders (EO) issued by the Biden administration, the immigration-focused EO signed in early February 10 has the potential to dramatically impact immigrant families by starting the process of dismantling the public charge rule.

The “public charge” inadmissibility test has been a feature of immigration law for decades. It allows the government to deny an immigrant’s application for admission to the United States or their application for lawful permanent resident status (or “green card”) if they are deemed likely to depend on public benefit support in the future. The prior administration instituted changes to criteria for how public charge determinations are made, further restricting who can lawfully live in this country.

Recognizing that the rule is and will be in effect as the current administration works through appropriate processes, advocates and family-facing agencies must push for clear and accurate information, while still working toward a full reversal of public charge regulations.

What does the executive order entail?
The latest EO calls on relevant federal agencies to review and evaluate the effects of the 2019 public charge rule and address the policies’ effects on our immigration and public health systems within 60 days. Agencies are also directed to develop communications that clarify the applicability of the public charge rule to reduce the harmful impact on immigrants and their families, who may turn down available safety net programs benefits due to a fear of immigration-related consequences. This is known as the “chilling effect.” The EO does not, however, directly rescind or replace the rule.

What is the impact on families with young children?
Even prior to the public charge rule taking effect in early 2020, there was a decline in the uptake of safety net supports by families, often due to fear of immigration-related consequences.1 Now, despite new economic hardships created by the COVID-19 pandemic, these “chilling effect” fears are exasperated and families continue to disenroll from vital public supports. In 2020, one in six adults in immigrant families reported avoiding using non-cash public benefits, fearing potential impacts on future green card applications or other immigration status or enforcement concerns.2

Fully dismantling the public charge rule carries substantial implications for child and maternal health. In Illinois, 27% of the total child population has one or more foreign-born parents, and within this population, over 214,000 account for children under age 6. 3 In addition, 35% of Illinois’ children rely on public insurance for routine and preventative care, as well as urgent health care needs. 4 The impacts of forgone prenatal, postpartum and well-child visits, in addition to other public benefits supports like the Supplemental Nutrition Assistance Program or housing assistance, jeopardize birth, early health and longer-term developmental outcomes.

Noting the disproportionate harmful impact that the COVID-19 pandemic has had on communities of color, including immigrant families, there is increased urgency to repeal the public charge rule and further ensure that families feel safe accessing safety net supports for which they are eligible. Moreover, by dismantling the public charge rule and fostering acceptance of and support for immigrant families across relevant federal agencies, the administration can uphold its commitment to increasing racial equity.

What comes next?
Advocates can urge the Department of Homeland Security (DHS) to issue clear guidance on the range of programs and individuals impacted by the public charge rule. Through administrative advocacy, allies can push for a full reversal of public charge regulations, including urgent rulemaking by DHS to overturn the policies.

Providers and others who work closely with immigrant families can also begin gathering stories about the impact that the public charge rule has had on families with young children, which will be crucial to support comments on the next round of DHS rulemaking.

Finally, to dispel misinformation and fear, family-facing providers can continue to share the latest information from leading immigrant-rights organizations. See below.

 


Sources
1K. Whitener et al, “Decade of Success for Latino Children’s Health Now in Jeopardy,” Georgetown University Center for Children and Families, (March 2020)
2 Hamutal Bernstein, Dulce Gonzalez, Michael Karpman, and Stephen Zuckerman, “Immigrant Families Continued Avoiding the Safety Net during the COVID-19 Crisis” (Washington, DC: Urban Institute, 2021).
3 Migration Policy Institute, State Immigration Data Profiles 2018
4Kaiser Family Foundation’s “Health Insurance Coverage of Children 0-18,” estimates based on the Census Bureau’s American Community Survey, 2008-2018

Trivia!

Sunday, February 28th, marks the 20th anniversary of the 6.8 magnitude Nisqually earthquake.

The earthquake hit while legislative session was underway. After the rumbling subsided, lawmakers, staff and lobbyists gathered safely outside of the buildings, as they were taught in grade school. While they were awaiting further instruction, a deep crack was noted on one of the pillars holding up the huge dome:

  1. How long was the Legislative Building closed for repairs and seismic upgrades?
  2. During the time the Legislative Building was closed, where did the Legislature first meet to conduct its business?

Highlights of the Week

Virtual Floor Session. Following Monday’s fiscal cutoff deadline, the Senate and House pivoted to nearly two weeks focused exclusively on floor activity. Frequently unstable broadband and other logistical challenges reinforced the importance that both bodies built in extra time for floor debate. This is just going to take longer.

When there is a pause in activity, it is sometimes unclear whether it is due to the need for additional time to resolve issues (often referred to as “things have blown up”) or if there is a logistical issue. This confusion (at least for this author) occurred on Tuesday evening when the House of Representatives was debating SHB 1356 which would bar public schools from using Native American names, mascots and other references. In the midst of the discussion, there was an abrupt pause. After some time, House Deputy Speaker Pro Tempore Representative John Lovick came back on to remind legislators of the steps to take if they encounter technical challenges. Problem solved – issue was not with the bill itself; the break had to do with ensuring legislators wishing to speak could be heard. The bill passed and now moves to the Senate for consideration there.

The debate on SHB 1356 is worth watching, starting with the bill’s sponsor Representative Debra Lekanoff’s opening remarks at one hour, seventeen minutes.   I know a number of newspapers ran articles on this bill and the debate, but it is valuable to watch and hear the full discussion.

Status of Early Learning Bills. We expect to see a number of early learning bills receive floor debate over the next ten days. We will provide a fuller status report in next week’s March 5th Notes from Olympia.

On Thursday, the Senate passed SSB 5151 after extensive discussion. This is the Department of Children, Youth and Families’ bill that relates to a number of licensing items. With regard to early learning, the bill waives child care licensing fees and makes outdoor preschool permanent, rather than a pilot, allowing outdoor preschool programs to participate in Working Connections Child Care. The extensive debate on this bill was not focused on these early learning items, but on child-specific licenses for children in foster care.

Other bills expected to be addressed include both the Senate and House versions of the Fair Start for Kids Act (2SHB 1213/2SSB 5237) and SHB 1370 which makes improvements to the Early Learning Facilities program.  Bills that are “Necessary to Implement the Budget,” such as SHB 1451 which moves out the ECEAP entitlement date, are not subject to cutoff deadlines.

The Senate Capital Gains bill, SSB 5096, is in the Senate Rules committee and could be pulled to the Floor to receive a debate and vote prior to the March 9th cutoff date.  The House Capital Gains bill, HB 1496, is still in the House Finance committee, but it is not subject to cutoff deadlines because it would be “Necessary to Implement the Budget”.

How to Follow Legislative Activity. As noted above, both the Senate and House will be spending until March 9th in caucus or floor session. We are expecting Saturday work sessions both tomorrow and next weekend (and even on Sunday, maybe). And while a general outline of schedules is provided, the legislative process is fluid, to say the least.

As we shared in previous updates, all activity is captured on TVW.org. For live coverage, you can click “Schedule” in the upper right corner to catch live action. If you want to catch up on debate you missed, you can go to “Archives” on the upper left and go to the date of the floor session (or committee hearing). Note the Archives are organized by date and with marathon sessions, sometime the morning, afternoon and evening floor sessions are categorized as separate events.

Additionally, there is a wealth of information on the official legislative website at leg.wa.gov.   You can click on the “bills” section on the right and enter a bill number to learn the status and read the latest version.  The main landing page also has a “What’s Happening on the Floor” heading that provides links to the House and Senate Floor Calendars.  The House and Senate Display Calendars will let you know what bill is being heard and, if the Legislature is not in session, when they will return (note those return times are just a guidance).

Trivia Answers

  1. The Legislative Building was closed for two years to allow for the completion of $21 million in repairs and seismic upgrades. It has been said that the building had long been in need of repairs and the earthquake effectively “called the question.”
  2. Legislative business initially continued with lawmakers making committee rooms in the John A. Cherberg and John L. O’Brien Buildings, the respective Senate and House Chambers.

Nisqually Earthquake: Reflections from Representative Ruth Kagi (Ret.)

To get a first-hand account of that infamous day and for what life was like afterwards when the Legislative and other campus buildings were closed for repair, I reached out to former Representative and lifelong early learning champion Ruth Kagi.

At the time of the quake, Representative Kagi was in her 3rd floor office in the John L. O’Brien Building that looked out onto the Legislative Building. She described the sound of the earthquake as a freight train. She was meeting with a lobbyist when the shaking began, and the lobbyist promptly dove under a table. Remembering the admonition learned in her childhood to stand in a doorway during an earthquake, Representative Kagi quickly moved to her doorway, waiting it out (this will be important later).

Representative Kagi recalled that a number of pipes broke on the 3rd floor and water was everywhere. When the rumbling subsided, everyone ran for the stairs and assembled in the parking lot. Hours later when it was determined to be relatively safe, people were allowed to return to their offices to retrieve their personal belongings. Back in her office to grab her purse, Representative Kagi realized that directly above her door was a glass transom window that thankfully did not shatter on her during the quake!

Miraculously, no one was hurt on the Capitol campus. Representative Kagi recalled that when they were able to return to their chambers before the Legislative Building was shut down for repairs, she saw tipping walls and cracks and holes. In the O’Brien building, a chunk of plaster had fallen in one of the stairwells. Former Representative Kathy Haigh and her legislative assistant created artwork depicting a mountain scene out of the broken plaster area that remains in the stairwell to this day. I was not on the Capitol campus that day, but if I were there, I would have gone and taken a picture and included it here. My search to find a photo online came up empty.

Representative Kagi went on to share memories of House floor activity being held in a modular building in a parking lot while the O’Brien building was being renovated and upgraded (the renovation of the O’Brien and Cherberg buildings was undertaken to ensure seismic safety in those buildings as well). Representative Kagi recalled that long tables filled the modular building; legislators were squished together, the modular had low ceilings and it was very loud. She remembered one night when they were voting on the budget, the heat went out, and they were there until 3:00 a.m. with no heat in a modular in a parking lot. Who says being a state legislator isn’t glamorous??

Other memories from Representative Kagi’s tenure in modular buildings were of walls so thin you could hear conversations happening in other offices. Having her office near a very boisterous legislator, Capitol staff had to come in and install sounding boards so she could have functional meetings!

Thank you for sharing this account, Representative Kagi.

As the 2021 National Home Visiting Virtual Summit comes to a close, this year’s presenters share final thoughts on equity, systems, diversity, flexibility, families, innovation, home visiting, parent voice and hope.

Trivia!

  1. In the spirit of Presidents Day, how many United States Presidents have visited Washington State’s Capitol while in office?
  2. The last Presidential visit to Olympia was in 1948. What is one explanation for why these visits to Olympia have stopped?

Highlights of the Week

Early Action Bill Scheduled for Signature Friday. Governor Inslee is scheduled to sign the Early Action bill, ESHB 1368, on Friday, February 19th at 1:00 p.m.  See Start Early WA’s January 29th newsletter for a summary of how the $50 million for child care will be distributed.

State Revenue Projections Continue to Exceed Projections. This week, the state’s February Economic and Revenue Forecast was released.  The good news is that state General Fund collections from January 11 – February 10, 2021 came in $269.5 million more than forecasted in November (a 15.3% increase).  The next revenue report will come out on March 17th and will inform the Senate and House budgets that will be released shortly thereafter.

Fair Start Act Bills Heard in Fiscal Committees. Both the House and Senate versions of the Fair Start for Kids Act are moving as the measures received approval from their respective fiscal committees.  Start Early WA continues to update summary documents on our website to reflect a summary of the latest amendments and a side-by-side comparison of the latest versions.

SHB 1213 received bipartisan support in the House Appropriations Committee on Wednesday with five Republicans joining their Democratic colleagues in voting yes on the bill.  Prior the vote, a few technical amendments were adopted, the most significant of which was inclusion of a “null and void” clause which means the provisions of the bill need to be funded in the final adopted budget to be implemented.

On Thursday, the Senate Ways and Means Committee approved SSB 5237.  Prior to the vote, amendments were taken to change the reduce the income eligibility thresholds for Working Connections Child Care and to change the appointing authority for most members of the Early Learning Advisory Council.

Fiscal notes are not yet available for SHB 1213 or SSB 5237.  (Fiscal notes detail projected costs associated with bill components.)  At the Senate Ways and Means hearing, Committee staff presented a chart detailing projected costs of the Senate version.

Senate Capital Gains Bill Advances. On Tuesday, the Senate Ways and Means Committee approved SSB 5096 which would create a capital gains tax in Washington state.  The tax rate included in the bill is 7 percent and the first $250,000 of capital gains are excluded from the tax as are certain sales or exchanges.

Current projections are this bill would generate $550 million a year in new revenue.  SSB 5096 specifies that the first $350 million raised annually would be deposited into the existing Education Legacy Trust Account and additional funds raised would be deposited into a newly created “Taxpayer Relief Account.”

Current statute provides that the Education Legacy Trust Account can be used to support schools, expanding access to higher education by funding new enrollments and financial aid, early learning through the 2019-21 biennia (although there is legislative intent to extend this to future biennia) and other educational improvement efforts.

The House’s capital gains bill, HB 1496, has a different approach and plan for dollars generated. In the House version, initially half of the revenue would go to the Fair Start for Kids Account and the balance to the state General Fund, with the breakdown rising to 60% for Fair Start and the balance to General Fund in future years.

Capital gains is just one of the active revenue options under review.    This Crosscut article has a great summary of what is in play and describes the differing approaches. This Spokesman Review article highlights the Senate hearing and plans for the revenue.

House Republicans Release Operating Budget. Following Senate Republicans last week, the House Republicans released their priorities for a 2021 Supplemental and 2021-23 Operating budgets. These summary and agency detail documents highlight their vision.  Like in the Senate Republican budget, the House Republicans do not propose new revenue and tap into the Budget Stabilization Account (Rainy Day Fund).

Regarding early learning, the House Republicans also propose moving out the ECEAP entitlement date to 2026-27, would fund additional ECEAP slots, and provide a 7% across the board rate increase.  For Working Connections Child Care, their budget would cap co-payments at $115 a month in Fiscal Year 2022 and at $250 a month in Fiscal Year 2023.

Bill Round Up

Work of Fiscal Committees Wrapping Up; Next up – Floor Action. Monday, Feb. 22nd is the deadline for bills to pass out of fiscal committees. This week we have seen marathon fiscal committee hearings until well into the evening. The law of averages – it always seems that bills you are following are up at the SAME time in different committees. One upside of virtual session is you do not have to dash between legislative buildings and you can watch the debate on multiple monitors. People who signed up to testify this week are real troopers – some waited six or seven hours to testify.

Bills continue to move through the process and nearly every bill passed in Appropriations was amended to include a “null and void clause.” This means that if funding is not ultimately provided in the adopted budget, the provisions in the bill will not go into effect. This clause allows the bills to advance through the process and meet the deadlines while the budget details are being worked out.

The next big deadline is March 9th when bills must be passed out of their house of origin. This means both the Senate and the House will spend most of the next two weeks in hybrid Floor sessions, with a few members and key staff physically present at the Capitol, but the bulk of legislators will be on Zoom. They fully anticipate this process will be slow going and we should anticipate communication and logistical breakdowns.

ECEAP Entitlement Bill Passes Policy Committee. On Monday, the House Children, Youth and Families Committee approved SHB 1451 which would move the entitlement for ECEAP to the 2026-27 school year and redefines entitlement as a full-day program.  The bill is now in House Appropriations and as of this writing, has not been scheduled for a hearing.  The February 22nd fiscal committee deadline would not apply to this bill because it is “Necessary to Implement the Budget,” as moving the ECEAP deadline will result in budget savings.  Additionally, this concept is also part of the Fair Start for Kids Act bills, which are moving in both chambers.

Waiving of Licensing Fees Folded into DCYF’s Licensing Bill. In an effort to reduce the number of bills moving through the process, the content of some bills is being amended into similar bills.  One example is this is SSB 5151 which was amended and approved by the Senate Ways and Means Committee this week.  Originally introduced as the Department of Children, Youth and Families bill around licensing, the bill was amended in Senate Ways and Means to include the components of SB 5136 which would suspend child care licensing fees through June 30, 2023.  This action means that SSB 5151 now includes both the agency’s licensing issues as well as the temporary waiving of child care licensing fees.  This bill now moves to Senate Rules.

Early Learning Facility Bill Advances. On Wednesday, the House Capital Committee approved HB 1370 which makes changes to the Early Learning Facilities Fund.  At the hearing, amendments were adopted to reduce the commitment period for grantees receiving more than $200,000 from the Fund from 20 to 10 years, and delete a section related to start-up grants connected to the Fair Start for Kids Account.  With these amendments, the bill next moves to House Rules and potentially the Floor for consideration by the full House.

Trivia Answers

Answer 1: According to a 2016 edition of “Thurston Talk,” a total of four sitting United States Presidents have visited the Washington State Capitol.

This is a bit of a trick question, because FIVE Presidents have actually visited Olympia, but President Rutherford Hayes’ October 1880 visit was before Washington became a state. See below for a summary of the Presidential visits (and some historic pictures).

Answer 2: Thurston Talk opines that the transition to airplanes from trains as the preferred mode of transportation meant that Presidents visiting Washington State have been more likely to land in Seattle (or even Spokane) for a visit. It was much easier to stop in Olympia when a President was traveling through by train. As those of us who commute to Olympia via SeaTac can attest, that drive can be traffic filled. It does make sense that any Presidential visits to our state would be centered near major airports.

A quick summary of Presidential visits, courtesy of Thurston Talk and HistoryLink.org Essay 5466:

President Teddy Roosevelt visited the Capitol in 1903 during a tour of Western states. President Roosevelt spoke to thousands gathered on the Capitol campus and took in a special game from Olympia’s minor league baseball team. He said of Olympia, “You have one of the prettiest little cities I have ever visited. It is a delightful place for a home. I have been greatly surprised and gratified. I shall never forget Olympia and her generous people.”

President William Taft’s 1911 visit lasted just one hour. He lunched at the Governor’s Mansion (picture below) where a memorable exchange occurred after another guest hit the President’s hand with a hot coffee pot. “O, I beg your pardon. I didn’t mean to burn you.” To which President Taft replied, “I’ll remember you warmly.”

William Taft

President Franklin Delano Roosevelt’s 1937 visits to the Capitol was extremely brief, lasting only a few minutes. He was in the region touring what was to become Olympic National Park. After a quick stop-by to the Governor’s mansion, FDR was back at the road, reaching Fort Lewis by car within the hour.

HistoryLink.org devoted an entire piece to President Harry Truman’s 1948 visit where he stayed overnight at the Governor’s Mansion which was inhabited by the President’s friend and former U.S. Senate colleague, then Governor Mon Wallgren.

President Truman flew directly to the Olympia airport from Washington D.C. (the first and last U.S. President to do so). The trip was billed as a “vacation” and President Truman used the Governor’s mansion as home base while he toured the sites in Washington state (think mountains and fishing). Politics never takes a vacation and the real reason for President’s Truman landing pad was its proximity to San Francisco where the United Nations was meeting and he wanted to be close in case he needed to intervene.

Two final additions to President Truman’s visit to Washington state.  He began his trip with a speech at the Spokane Club (I wondered if he enjoyed some of their famous orange rolls?).  It was after this speech that the President had the infamous exchange with a Spokesman Review reporter, telling the reporter, “The Chicago Tribune and this paper are the worst in the United States.”

After the speech and exchange with the media, the President’s train next headed to Ephrata. One member of the Presidential entourage, the President’s Chef, missed the train because he had run out of butter. By the time he tracked it down, the chef missed the train and had to take a cab 90 miles to catch up with the Presidential entourage.