The newly created Department of Early Learning (DEL) is providing the promise of change from the status quo of the previous agency. DEL replaces the former Division of Child Care and Early Learning (DCCEL), however, with few exceptions, DCCEL staff remains part of DEL. The question remains if the former employees of DCCEL will embrace a partnership with licensed childcare Providers or resist the changes promised by DEL director Jone Bosworth.

Prior to Ms. Bosworth being selected as the director of the DEL, Emergency Rules were created. These Emergency Rules include Revised Code Of Washington (RCW) and Washington Administrative Codes (WAC). Carla Gira, identified as the interim Rules Coordinator, a former DCCEL employee with a different title, submitted these Emergency Rules. It is clearly evident that these rules give additional authority to department staff and undermine due process of the childcare Provider. These rules are highly prejudicial to the childcare community and therefore impact the working families who have children enrolled in Washington State licensed childcares. There was no Provider representation when these Emergency Rules were created.

Licensed childcare Providers are now governed under the Department of Early Learning's RCW 43.215. Licensed childcare Providers had been governed under DSHS's RCW 74.15. New RCWs were created as a result of the Agency change yet an important statute found under RCW 74.15 was omitted from RCW 43.215.

The change in Agencies required new Hearing Rules. WAC 388-02s, under DSHS, had been the Hearing Rules for licensed childcare Providers. These new rules are now found under WAC 170-03. We are of the position that the Hearing Rules should mirror those already in place, (with perhaps additional rules added) and object to the omission of rules which protected Provider's due process rights.

The same objection applies to the Background Rules created (WAC 170-06). Additions and omission to these rules without input from the public were made. Most disturbing to us and the reason for this post, is the fact that these additions and deletions were made by the former agency, an agency known for its abuse of power over licensed childcare Providers and clearly reflect the old Administration's, under Rachael Langen's leadership, intent.

At the time of this writing we have not been able to ascertain whether the new Agency is aware of the deletions and additions to the rules now governing licensed childcare Providers or if they embrace these deletions and omissions.

We have listed the email addresses of the new Administrators. If you share our concerns or want clarification from the Department, please email Jone Bosworth, Peter Antolin, and Gary Burris, with your comments regarding these Rules or copy and paste our comments with a statement that you share these concerns. We currently have faith in the new Agency and are confident that they will respond to your emails.

For your reference the rules childcare Providers had been governed and regulated under and the new rules governing and regulating childcare Providers:
RCW 74.15 changed to RCW 43.15
WAC 388-02s changed to WAC 170-03s Hearing Rules
WAC 388-06s changed to WAC 170-06s Background Checks
Please note that not all applicable RCWs and WACs governing childcare Providers have been changed as a result of the new Agency i.e. Working Connections WACs 388-290 and Abuse and Neglect RCW 26.44s among others.

Here are some of the Rule changes we are taking exception to and identify as undermining if not eliminating childcare Providers' right to due process.

Concerns regarding a provision not included in the newly created RCW 43.215 which was provided for in RCW 74.15: