Draft Bill

AN ACT (DRAFT)

Relating to reactivation of pilot project infrastructure to license family-centered integrated work and education programs; adding a new section to chapter 43.216 RCW; creating a new section; and providing an expiration date.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

NEW SECTION. Sec. 1. Legislative findings.

The legislature finds that the direction to cities and towns to allow child care centers, and the conversion of existing buildings for use as child care centers, as an outright permitted use in most zones under RCW 35.21.996, represents an important step toward increasing access to child care and strengthening the competitive environment that helps reduce costs for families. However, legacy zoning restrictions and fire inspection standards, including requirements directing early learning program space to comply with building codes under WAC 110-300-0170 and WAC 110-300-0415, render RCW 35.21.996 difficult to implement in practice.

The legislature further finds that Washington has a successful history of piloting innovative licensing models. The outdoor nature-based early learning pilot created under RCW 43.216.742, preceded by Substitute Senate Bill 5357 (2017), established the nation’s first state-licensed outdoor preschool model, significantly increasing childcare availability and advancing child development outcomes including sustained play, attention, problem-solving, and environmental stewardship.

The legislature finds that Washington families balance work and family needs by relying on short-term or part-day childcare alternatives, including tutoring centers, after-school programs, gyms, museums, retail environments, employer-sponsored family spaces, nursery schools, early learning programs, and caregiver cooperatives. These programs are typically unlicensed and therefore unable to offer full-day services or participate in state subsidy systems that support low-income families.

The legislature further finds that family-centered integrated work-and-education programs offer a promising model for increasing workforce participation, supporting secure attachment through caregiver proximity, strengthening early learning access, and enhancing community cohesion. These hybrid models are increasingly used nationwide and have grown since the COVID-19 pandemic as more caregivers work remotely, freelance, or maintain unpredictable schedules.

The legislature also finds that current childcare licensing standards were not designed for coworking-based care models, resulting in uncertainty, exemptions, and inconsistent safety oversight. A pilot project allowing the state to adapt existing licensing structures will enable Washington families and providers to access an innovative, regulated option that increases safety, lowers costs, and reflects contemporary work patterns.

The legislature therefore intends to reactivate and adapt the pilot project framework previously used to license outdoor, nature-based early learning programs, including rulemaking structures, pilot selection methods, waiver authority, and evaluation reporting systems, and then apply that framework to the licensing of family-centered integrated work-and-education programs.

NEW SECTION. Sec. 2. A new section is added to chapter 43.216 RCW to read as follows:

(1)    Definitions. The definitions in this subsection apply throughout this section unless the context clearly requires otherwise:

(a)    “Family-centered integrated work-and-education site” or “FAMIWE site” means a mixed-use environment in which parents or caregivers engage in employment, study, leisure, entrepreneurship, volunteering, or education on the same premises where children receive supervised, developmentally appropriate play, early learning enrichment, or supplemental care.

(b)    “Mixed-use environment” means a facility, building, or site in which early learning or supervised play programs operate in shared or adjacent space with coworking, educational, commercial, nonprofit, or other non-child-care activities.

(c)    “Integrated work-and-early-learning environment” means an operational model that allows parents or caregivers to remain onsite while children participate in supervised play, enrichment, or supplemental care, and that relies on proximity-based supervision or shared-space design.

(d)    “Supplemental care” means supervised play, enrichment, or early learning support offered for part-day or full-day durations that does not replace parent or caregiver presence on the premises.

(e)    “Caregiver-proximity-based supervision” means a supervision model in which trained staff maintain primary responsibility for child safety and well-being while parents or caregivers remain physically present in the facility and immediately available.

(f)      “Early learning enrichment” means developmentally appropriate play-based, exploratory, or educational activities that support child development but are not required to meet full early learning program standards.

(g)    “The Department” refers to The Department of Children, Youth, and Families (DCYF)

(h)    “Cohort-based evaluation” means a structured evaluation process in which pilot sites are assessed collectively using standardized data collection tools and shared reporting timelines.

(i)      “Technical assistance” means guidance, training, troubleshooting, or consultation provided by the department or its designees to support pilot site compliance, innovation, and implementation.

(j)      “Pilot site” means a family-centered integrated work-and-education program approved by the department to participate in the pilot project established under this section.

(k)    “Small business” has the same meaning as in RCW 39.26.010.

(l)      “Minority-owned” means having the same meaning as provided in RCW 39.19.120.

(m)  “Creative district” means a geographically defined area certified under RCW 43.46.105.

(n)    “Locally grown food” has the meaning provided in RCW 43.70.700.

(o)    “Inclement weather conditions and outdoor hazards” has the meaning and scope described in WAC 110-300-0147.

(p)    “Registered cooperative” means a cooperative organized under chapter 23.86 RCW or chapter 24.06 RCW.

(q)    “Fiscal sponsorship” means an arrangement in which a nonprofit organization provides administrative or fiscal management support to a pilot site.

(r)      “Matching funds” means cash or in-kind contributions provided by a pilot applicant for the purpose of operating, adapting, or evaluating a FAMIWE site.

(2)    Pilot project established. The department shall establish a pilot project to license and regulate family-centered integrated work-and-education sites. The pilot project shall commence July 1, 2027, and conclude June 30, 2030.

(3)    Reactivation of existing pilot framework. The pilot project established in this section shall reactivate and adapt the administrative, regulatory, and evaluation framework developed for the outdoor, nature-based early learning pilot under RCW 43.216.742 and chapter 110-300B WAC. This includes, where appropriate, the prior pilot’s structures for site selection, waiver authority, technical assistance, and cohort-based evaluation. The department shall align procedures with that earlier pilot, incorporate and update its evaluation design and reporting structure, and may revise, repurpose, or extend associated rules, forms, templates, guidance documents, or technical assistance protocols, provided that all adaptations reflect the operational realities of mixed-use integrated work-and-education environments.

(4)    Adaptation of WAC requirements. Because FAMIWE sites integrate employment and early learning environments, the department shall, as part of the rulemaking under this section, identify, assess, and evaluate adaptations to WAC 110-300-0170, WAC 110-300-0415, and other relevant rules in order to:

(a)    support mixed-use occupancy, flexible indoor space design, shared program space, and caregiver-proximity-based supervision;

(b)    permit developmentally appropriate supervised play and early learning enrichment within mixed-use environments, including flexible approaches to toilet and sink fixtures, egress routes, and other physical environment requirements; and

(c)    authorize multi-use indoor environments and non-exclusive early learning areas, including supervision models that do not require full separation of adult workspaces and child play or enrichment areas.

(5)    Rulemaking and waiver authority. The department shall adopt rules to implement the pilot project and may waive or adapt licensing requirements when necessary to allow for the operation of integrated work-and-early-learning environments, including adaptations related to zoning, mixed-use occupancy, supervision models, and space requirements.

(6)    Quality assurance and improvement framework. As part of the pilot project, the department shall explore options for developing an appropriate quality assurance and improvement framework for FAMIWE sites. Options may include, but are not limited to:

(a)    adapting existing early learning quality frameworks to reflect integrated onsite caregiving, co-regulation, co-parenting, structured academic instruction, and play-based supplemental learning;

(b)    aligning safety and operational standards with mixed-use workplace environments; and

(c)    developing new indicators specific to family proximity, caregiver stability, and child well-being within work-integrated settings.

(7)    Funding authority. The department shall form public-private partnerships with employers, coworking operators, community organizations, tribes, philanthropies, nonprofits, and/or research organizations to receive and expend funds in implementation of this section. The department shall include recommendations and analysis regarding use of such funds in the final report under subsection (10) of this section.

(8)    Pilot site selection. The department shall select up to eight pilot locations during the first year of the pilot project. Beginning July 1, 2028, additional sites may apply. When selecting pilot locations, the department shall include a mix of rural, urban, and suburban areas, and may give priority to the following categories:

(a)    Geographic and access priorities

                                                              i.      areas with limited licensed childcare capacity or lengthy wait-lists;

                                                             ii.      areas where lack of childcare access significantly restricts workforce participation, particularly among parents of infants and toddlers;

                                                           iii.      areas where a FAMIWE site would expand family choice, improve employment stability, or support local economic development;

                                                           iv.      areas with disused office or industrial space.

(b)    Provider capacity and sustainability

                                                              i.      small businesses;

                                                             ii.      programs contributing matching funds, fiscal sponsorship, or in-kind support;

                                                           iii.      registered cooperatives;

                                                           iv.      tribal programs operating through an interlocal agreement recognizing tribal sovereignty.

(c)    Equity and inclusion

                                                              i.      minority-owned programs;

                                                             ii.      programs costing no more than seven percent of household income under the DCYF Access and Living Wage Plan;

                                                           iii.      programs offering parenting education classes at no cost to enrolled families.

(d)    Quality and community integration

                                                              i.      programs offering food prepared with locally grown ingredients;

                                                             ii.      programs collaborating with creative districts;

                                                           iii.      programs specializing in childcare under inclement weather conditions and outdoor hazards.

(9)    Advisory groups. Subject to the availability of funds, the department may convene advisory groups to support implementation of the pilot project, including:

(a)    an implementation advisory group composed of caregivers, employers, early learning professionals, and work-integrated care practitioners to provide practical feedback on outreach, operations, and family and provider experience; and

(b)    a technical advisory group including fire officials, building code experts, early learning professionals, and mixed-use occupancy specialists to offer technical input on safety, space design, and regulatory adaptation.

(10)            Reporting requirements.

(a)    By January 15, 2028, and annually thereafter through January 15, 2030, the department shall provide a brief status report describing pilot implementation, including the number and type of participating sites, employment and family demographics, the number of children and families served, and other aspects according to the quality assurance and improvement framework under subsection (6) of this section.

(b)    By December 1, 2030, the department shall submit a full report on pilot findings, including recommendations regarding statewide implementation of FAMIWE sites. The report must include:

                                                              i.      options to mitigate uncertainty for families and providers during the final months of the pilot; and

                                                             ii.      recommendations for permanent rulemaking or statutory changes relating to WAC 110-300-0170 and WAC 110-300-0415, including feasibility, cost, and safety impacts of mixed-use adaptations assessed and evaluated during the pilot.

(11)            Authority to waive requirements. Notwithstanding any requirement of chapter 110-300 WAC, the department may waive or adapt space, design, or supervision requirements when necessary to enable mixed-use integrated work-and-education sites operating under this pilot project.

(12)            Subject to appropriation. The provisions of this section are subject to appropriation.

(13)            Expiration. This section expires July 1, 2031.