Late last week, the security gates around the Capitol Campus were relaxed, allowing visitors – human and animal! –  to enjoy the spring flowers.

Trivia!

Why was Governor Inslee in his Capitol office just before midnight on June 30, 2017?

Weekly Highlights

Senate and House Release Budget Proposals. On Thursday, the Senate released their Operating and Capital budget proposals. On Wednesday, the House released its Capital budget and will release their Operating budget on Friday afternoon (today).

The Senate budget clearly prioritizes early learning, with significant federal and state funding proposed to support implementation of the Fair Start for Kids Act. The Senate budget contains $509 million in federal funding for child care grants and provider reimbursement along with $312 million in the 2021-23 biennium for Fair Start for Kids investments.

Specific funded early learning policies in the Senate budgets include:

  • Increasing Working Connections Child Care income eligibility to 60% of State Median Income
  • Reform of the Working Connections Child Care co-payment structure to minimize the so-called “co-pay cliff”
  • Increasing the reimbursement rate for Working Connections Child Care to 85th percentile of market rate
  • Increasing the reimbursement rate for ECEAP by 10% starting in the 2021-23 school year
  • Increasing ECEAP slots by 500 in state fiscal year 2022 and by 400 slots in state fiscal year 2023
  • Funding to expand home visiting services and provide supports to enhance data collection and support the work of local implementation agencies
  • Finally, providing funding for the complex needs funds and support for Infant Early Childhood Mental Health consultation.

With both the Senate and House proposed Capital budgets, they have also signaled the priority of investing capital dollars into growing the Early Learning Facilities funds and supporting capital early learning projects via local school districts.

What are the next steps? In the next few days, the Senate and House fiscal committees will hold public hearings to get feedback about what was and was not included in the budgets. The fiscal committees, followed by the full bodies, will approve the proposals, likely with some amendments. Once this happens, the public side of the work will be paused while Senate and House budget writers work behind the scenes to negotiate the differences between the two approaches.

Start Early WA is busy analyzing the details of the complicated and complex budget proposal (and the soon to be released House Operating budget proposal) and will post more detailed summaries on the policy resources part of our website next week.

Fair Start for Kids Act Bills Both Continue to Advance. On Wednesday, the House Children, Youth and Families Committee passed E2SSB 5237 and the Senate Early Learning and K-12 Committee passed E2SHB 1213. While both bills are technically still alive, we do expect only one bill to be heard in a fiscal committee.  As of this writing, it is unclear which bill will serve as the vehicle.

Prior to advancing the bills, both committees adopted “striking” amendments (striking amendments remove the original bill language and substitute with new language).  After adoption of these striking amendments, the two bills are closely aligned on most policy issues.  The release of the Senate and House budget proposals will give us a good idea of how each body is prioritizing funding the policies in the bills.  By the end of the legislative session, we should see a policy bill with corresponding budget investments to support implementation of the final bill’s policies.

Given the interplay with the budget, the question of which bill will be the ultimate vehicle going forward and the likelihood of further amendments in an upcoming fiscal committee hearing, Start Early WA will not be updating the bill resource documents on our website to reflect the striking amendments adopted on Wednesday. Instead, we will include a fuller analysis in the April 2nd Notes from Olympia comparing the budget proposals and bill details.

Fiscal Committee Hearing on American Rescue Plan Act (ARPA). On March 19th, the Senate Ways and Means Committee had a briefing from the Governor’s Office of Financial Management and the Governor’s Washington D.C. staff on key components of the American Rescue Plan Act (ARPA). The staff shared key highlights, emphasizing there are still a number of questions on use of funds and noted that, in some cases, state allocations for certain purposes are still being developed.

In addition to funding for specific purposes, Washington state is slated to receive $4.25 billion in “flexible funds” and local governments will receive an additional $2.6 billion. Other key investments include an estimated $404 million for emergency rental assistance as well as additional funding for broadband, behavioral health, WIC and the Supplemental Nutritional Assistance Program (SNAP).

ARPA includes $390.6 million in child care stabilization grants. Of this amount, 90% must be sub-granted to providers by a deadline of September 30, 2021. Up to 10% of this amount can be directed to DCYF for administrative expenses, including technical assistance and public awareness.  In addition, ARPA includes a one-time $244 million increase to the Child Care and Development Block Grant which must be spent within three years.

Policy Committee Cutoff/Fiscal Cutoff Coming. A quick reminder that today is the deadline for bills out of the policy committee of the opposite house. A week from today is the deadline for bills to pass out of the fiscal committee of the opposite house. This means the next seven days will be focused on the Senate Ways and Means and House Appropriations Committees. Just like with the English language, there are always exceptions to this rule.

Early Childhood Connector Grant Opportunity. Early Childhood Connector, an online community that supports early childhood systems building, has issued a Call for Interest from community systems builders who are interested in receiving grant funds to pilot new features and capabilities of the platform to help achieve more equitable outcomes for young children, from before birth to age eight, their families, and the early childhood workforce in their community.

Start Early Washington is Hiring. Start Early Washington an energized, future-focused organization committed to providing quality early learning and care across Washington. We are recruiting individuals who want to join us in this mission and share a commitment to our core values of appreciation & respect, empowerment, diversity, excellence, learning and communication. We are hiring for a Senior Communications and Policy Manager and a ParentChild+ Program Manager.  Please help us spread the word!

Trivia Answers

The Washington state fiscal year ends each June 30th.  If July 1st hits and the state does not have an enacted budget in place, a chain of events that no one wants to see is set off.  Under ideal circumstances, the Legislature will pass a budget prior to adjourning sine die in April (odd-numbered years) or March (even-numbered years).  This timing gives the Governor and their staff ample time to review the budget components, prepare any necessary vetoes and sign the budget well in advance of the start of the next fiscal year.

During the intense years in the mid 2010’s when the state was working to meet its judicial mandate to fully fund basic education (the so called “McCleary decision”), the Legislature went a few years where they did not adopt a budget prior to the scheduled adjournment date, necessitating that the Governor call one (or more) special sessions to resolve issues and ultimately pass a budget.

Back to our trivia question. The 2017 budget deliberations went down to the wire with both the Senate and the House of Representatives passing the budget on June 30th.  As you can see from the pictures below, the Governor was on hand at the Capitol that night and signed the budget just prior to midnight, July 1st.  Crisis averted!

Since 2017, all of the budgets have passed well-before the end of the fiscal year. The jury is out if that on-time trend will continue in 2021, but I am hopeful.

Governor Inslee in the House wings observing House budget deliberations on June 30th

Success!  Governor Inslee signing the 2017-2019 biennial budget just before the stroke of midnight July 1, 2017 (See – same suit and tie as in the picture above)

Photos Courtesy Spokesman Review Archives

Trivia!

In Capitol speak, what is a “guber?” (Hint, it’s not a type of candy you can purchase at the Dome Deli)

Revenue Updates/Budget Proposals Expected Next Week

On Wednesday, the state’s Economist Dr. Stephen Lerch provided the Economic and Revenue Forecast Council with an updated revenue forecast.

On the positive side, revenue continues to outpace projections, with nearly $3.3 billion more than forecasted expected over four years. This represents a $1.34 billion increase in revenue for the current 2019-21 biennium and a $1.949 billion increase for the upcoming 2021-23 biennium. Despite plummeting revenues in 2020 following the stay-at-home order, our state is nearly back to the pre-pandemic revenue numbers that were projected in February 2020.

These projections are aided by four factors: 1) passage of a series of federal stimulus packages; 2) a faster than expected vaccine distribution process; 3) a hot real estate and construction market; and 4) strong retail sales aided by people reinvesting their stimulus checks back into the economy.

On the negative side, since the November forecast there has been slightly slower than expected employment growth; rising oil and gasoline prices; and continued weakness in business sectors such as restaurants, the arts and entertainment. Not surprisingly, the largest risk to this forecast continues to be COVID, particularly the risk associated with the virus variants.

Members of the Economic and Revenue Forecast council include the Senate Ways and Means Chair Senator Christine Rolfes and House Appropriations Chair Timm Ormsby and many of the media questions were directed at these lead budget writers. In his remarks, Representative Ormsby stressed that while this forecast is positive news, there remains great uncertainty and emphasized the economic gains are not felt by all Washingtonians. Representative Ormsby discussed his priority of getting dollars (particularly the federal stimulus funds coming to the state) into the hands of those who need the resources most.

Office of Financial Management Director David Schumacher shared that Washington is slated to receive $4.2 billion in federal funding from the American Rescue Plan Act (there are other buckets of funding coming to the state), including for child care and local governments. Senator Rolfes shared budget writers are still working through details of the federal package and questions remain as the state is still awaiting federal guidance on a number of spending areas. Senator Rolfes stressed the importance of staying the course and ensuring the state’s commitments can continue to be met in the long-term when these one-time funds sunset.

Senate Republican lead budget writer Senator Lynda Wilson carried her caucus’ message that with this forecast, there are ample resources to meet the state’s commitments and extend supports to families, such as funding the Working Families Tax Credit. She shared her preference that reducing taxes, including property taxes, could benefit families and the economy. House Republican council member Representative Ed Orcutt urged that the work of the Tax Structure Workgroup conclude before any new revenue is enacted.

Now that the revenue numbers are known, Senate and House budget writers will be making final tweaks to their proposed budgets. Because of the complexity with the federal ARPA dollars, budgets will be released a little later than usual this year. The Senate is slated to release its budget on March 25th with a public hearing scheduled for public comment on Friday, March 26th in Senate Ways and Means beginning at 1:00 p.m. The Senate organizes their public comment hearings by issue area, with early learning listed third in the order. Rumor is the House will release its budget on March 26th with a hearing on Saturday, March 27th.

Bill Roundup

Update on Fair Start for Kids Act Bills. Both the Senate (E2SSB 5237) and House (E2SHB 1213) versions of the Fair Start for Kids Act bills continue to advance.  E2SSB 5237 received a public hearing in the House Children, Youth and Families Committee on Thursday, March 18th and E2SHB 1213 will be heard in the Senate Early Learning and K-12 Committee on Monday, March 22nd with a vote scheduled on the House bill on Wednesday, March 24th and a vote on the Senate bill on either March 24th or 25th. As of this writing, there has not been a decision as to which bill will serve as the final vehicle.

As a reminder, an analysis of both bills as well as a side-by-side comparison can be found on the resources page of the Start Early Washington website.

DCYF Licensing Bill Advances to House Appropriations.  On Wednesday, the House Children, Youth and Families approved SSB 5151, DCYF’s licensing bill.  The bill contains a number of provisions. In terms of early learning, the bill waives child care licensing fees until June 30, 2023 and makes the outdoor preschool pilot program permanent. The bill next moves to the House Appropriations Committee for consideration.

Capital Gains.  On Monday, the House Finance Committee held a public hearing on ESSB 5096, the Capital Gains measure. As described in previous updates, the intent is that the first $350 million raised from this new revenue source will be deposited into the Education Legacy Trust Account with a focus on supporting child care and early learning. It has not yet been scheduled for a vote.

On Deck Next Week

Senate Ways and Means Work Session on Federal Dollars. While not technically next week, the Senate Ways and Means Committee will hold a hearing at 2:30 today (Friday, March 19th) where they will receive a briefing on details of the American Rescue Plan Act (ARPA). As noted above, at Wednesday’s Revenue Forecast Council, Senate Ways and Means Chair Senator Christine Rolfes shared there are still a lot of questions and budget writers are still working through details of the federal package, but they do plan to include as many of the federal dollars as possible in the proposed budgets that will be released next week sometime.

It’s Cutoff Time Again. Two cutoffs are quickly approaching with the opposite house policy committee cutoff on Friday, March 26th and the opposite house fiscal committee cutoff quickly thereafter on Friday, April 2nd. It is hard to believe we are nearly 2/3 done with this legislative session.  The last few weeks will be a flurry of final bill and budget negotiations.

Early Learning Facilities Bill to Receive Hearing. On Monday, ESHB 1370 will be heard in the Senate Ways and Means Committee. This bill would make improvements to the existing Early Learning Facilities program and rename the funds after former Representative Ruth Kagi. It is scheduled for a vote on Thursday, March 25th.

Start Early Luncheon April 22nd

Our biggest event of the year, the Start Early Annual Luncheon, is going virtual on April 22! You are invited to join us in celebration of the transformational power of starting early through inspiring stories from families, educators, corporate leaders and early learning advocates, including Former First Lady Michelle Obama and Clinton Boyd Jr., a national leader on social equity and parent engagement. Learn more and register.

Trivia Answers

In Capitol lingo, a “guber” is the nickname for the approval process for gubernatorial appointees.

Our state’s Governor has the authority to appoint scores of people to positions ranging from directors of state agencies to specific boards and commissions. Some of these appointments require Senate approval, just like a piece of legislation. Gubernatorial appointments that require Senate confirmation start with a hearing in the appropriate policy committee, followed by a committee vote and then consideration by the full Senate. These Senate approvals are not on a set schedule and if you are following an appointment you have to stay on your toes, because the Senate will often run “gubers” with little notice when they have lulls in their floor activity (case in point detailed below).

Recently, our state’s new Director of Health, Dr. Umair Shah, had his confirmation hearing virtually in the Senate Health & Long-Term Care Committee. In his opening remarks, Dr. Shah noted he had big shoes to fill for the position following the service of the previous two Secretaries, Dr. John Wiesman and Mary Selecky.

I am fortunate to work with Mary Selecky and I asked her if she would be willing to be interviewed to talk about her confirmation process and her 14 years of service as the Secretary of the Department of Health. Mary kindly agreed and she shared wonderful stories and insights into her experience. Full disclosure – we could have talked for hours and I hung up realizing I neglected to ask ¾ of my questions, including getting her thoughts on the pandemic and other pressing public health issues.

The Path to Leading a State Agency. For 20 years, Mary served as the Administrator of the Northeast Tri-County Health District, headquartered in Colville. She loved that role and loves her community. As a Health District Administrator, she was active in state-level work (known for being the voice for rural communities), helping to establish an independent Department of Health in the 1980s.

When the Secretary of Health position became open at the state level in the late 1990s, applying for the position was not on her radar. She was eventually convinced to assume the role of Acting Secretary in 1998 while then Governor Locke continued a search for a permanent Secretary. During her time as Acting Secretary, she maintained her Administrator job, going back and forth between Olympia and Colville (a practice she would continue). She called this her “public health mission.” Six months into her role as Acting Secretary, she was persuaded to apply for the permanent role and Governor Locke formally appointed Mary to the Secretary position on the “Ides of March” in 1999.

As I mentioned above, approval of “gubers” are not always scheduled with advance notice. When Mary’s came up, she was fortunately already at the Capitol. She was kneeled down, making a budget pitch to a Senator who was seated on a couch when someone alerted her to go to the gallery to watch her confirmation.

This was before cell phones were prevalent, so Mary sat in the Senate Gallery by herself, listening to Senators’ speeches supporting her appointment. She recalled that the joke afterwards was that people took away that Mary is “a nurse, a sister and a Quaker” because of comments made by Senators speaking in support of her confirmation. Former Senator Rosa Franklin called her a sister and fellow University of Pennsylvania alum Senator Tim Sheldon made the Quaker comment (the Penn mascot).

Stay Connected and Stay Local. After Mary assumed the role of Secretary, she continued to return to Colville, although her visits switched to twice a month and she realized that Colville had become the “suitcase part of her life.” Mary said she undertook this eight-hour drive because she felt it was important to get out of the Olympia bubble and the I-5 corridor and get the grounding of being home.

Mary spoke of being in the grocery store and having a neighbor speak to her about how the area’s lead mines were impacting the groundwater, leading to lead appearing in the neighbor’s carrot crop. Not information she would naturally pick up in Olympia! These continued relationships and connections allowed her to more seamlessly transition when her time as Secretary concluded when she retired in 2013 and returned to Colville.

The Importance of Support. When Mary was first appointed Secretary of the Department of Health in 1999, there were only four female Cabinet members. When Governor Gregoire was elected in 2004, she added more women to the Cabinet. Governor Gregoire set out to build a culture where the female Cabinet members supported each other both personally and professionally. They often had dinner together at restaurants in Olympia and at times Governor Gregoire would herself join. Mary shared that at one Cabinet meeting, the female Cabinet members decided to each incorporate some form of Cheetah print into their attire. Their male colleagues did not notice and, when alerted, they responded by wearing blue dress shirts at a future Cabinet meeting.


Governor Gregoire and Secretary Mary Selecky at a press conference. Given the serious look on Governor Gregoire’s face, this may have been around the time the Seattle Times ran a three-day series “Licensed to Harm” that led to reforms of the state’s licensing of medical professionals that Mary oversaw.

It is not a surprise that Mary paid this culture of camaraderie and support forward. The current Speaker of the House Laurie Jinkins worked as Mary’s Assistant Secretary at the Department of Health. Mary was proud to sit in the gallery when Speaker Jinkins was sworn in and be introduced as a friend and mentor.

Final Reflections. Mary continues to be very active in local, regional, state and national work. She is the current chair of Empire Health Foundation in Eastern Washington, sits on two Providence boards and is very active in her Rotary. In fact, her local youth Rotary group (Interact) honored Mary in March as a local person who puts service above self. As a fellow Rotarian, I can attest that Mary exemplifies the Rotary motto.

Mary remains engaged in state activity and I suspect her phone rings a lot with people seeking her counsel. I will end with a personal story. On the day Speaker Jinkins was sworn in as Speaker, I had the pleasure of having coffee with Mary and another colleague in the infamous Dome Deli at the Capitol.  We were hardly able to finish a sentence because a never-ending line of people wanted to chat with Mary. It was like being with a Hollywood movie star!

Secretary Selecky at a school anti-smoking rally (note her shirt says “No Stank You”)

Thank you, Mary, for your continued service to Washington state and for sharing some of these amazing stories.

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.”

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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.
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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