Legislative Updates

A school-day program is an ECEAP or Head Start program that runs for 6 hours or more per day. "School day" means the approved ECEAP or Head Start preschool classroom schedule, not child care provided before or after that schedule.

For ECEAP, school day is generally 5.5 to 6.5 hours per day, at least 4 days per week, and at least 1,000 hours per school year. For Head Start, school-day programs must follow federal Head Start rules for school day length.

Before-school, after-school, extended-day, working-day, summer, or wraparound child care is not included in this exemption unless another licensing exemption applies.

School property is contained within “school premises,” which means the public school or community/technical college building and campus property where the school-day ECEAP or Head Start program operates. This includes areas owned, leased, operated, or controlled by the school district or college. Nearby private buildings, off-site child care locations, or wraparound programs that partner with or serve the school are not included.

No, programs must remain licensed to receive child care subsidy. The exemption doesn’t replace child care subsidy requirements. Before-care, after-care, extended-day, working-day, summer, or wraparound care is not covered by the school-day exemption and must meet applicable licensing, certification, or subsidy provider requirements.

Yes, programs can voluntarily remain licensed.

No, licenses stay active as long as programs meet annual requirements. If a program wants to stop being licensed, they must notify DCYF.

Please contact your licensor to request closure of your license.

About 44 out of 6729 programs, or less than 1% of all licensed programs.

A program seeking exemption must show that it meets one of the statutory exemptions in RCW 43.216.010(2). Some exemptions require another entity’s oversight, approval, or jurisdiction, but not all do.

The exemption applies if the program is a school‑day ECEAP or Head Start program located in a qualifying public school or college. No additional oversight is required for this exemption. If the program wants to receive subsidy, it must meet applicable licensing, certification, or subsidy provider requirements.

No, investigations will be handled by the Office of Superintendent of Public Instruction (OSPI).

No, mixed‑model programs with both ECEAP and regular child care slots must remain licensed.

Tribal programs that are already exempt under Tribal authority will stay exempt. HB 2317 adds a separate exemption for school day ECEAP/Head Start programs in public school or college buildings. Impact depends on the program’s model and location.

For questions, email Mindy Flett, Tribal Child Care Licensing Consultant, at Mindy.Flett@dcyf.wa.gov.

"Imminent physical harm" means high‑potency synthetic opioids or drug manufacturing equipment are present in a licensed space.

Drug paraphernalia includes any equipment used to grow, make, store, or use controlled substances. Some examples are heroin, fentanyl, cocaine, methamphetamine, LSD, or psilocybin. Cannabis paraphernalia is not the focus of this bill. Review RCW 69.50.102 for more information.

High-potency synthetic opioids, drug manufacturing equipment, and drug paraphernalia are not allowed in all licensed child care spaces.

Zero‑tolerance suspension applies only when high‑potency opioids and drug‑manufacturing equipment are present in the licensed facility or program space. Drug paraphernalia is prohibited and may still result in licensing action depending on the circumstances, risk to children, and the provider’s response.

If suspected drugs, drug paraphernalia, or drug manufacturing equipment are found on a playground or in a shared/approved outdoor space, the provider should immediately:

• Keep children away from the area;
• Stop using the space;
• Contact the property owner/manager or appropriate authority;
• Document the incident; and
• Use another safe approved space, if available

Zero‑tolerance applies only to high‑potency opioids or drug‑manufacturing equipment. If a staff person is found with drug paraphernalia, the site is not automatically suspended. The provider must protect children, remove the staff member from duties, remove the item from the child care premises, and follow reporting rules.

ONB programs already must inspect spaces and protect children from hazards. HB 2219 reinforces these expectations.

Centers may combine age groups for up to 4 hours per day if at least 90 minutes of that time is used for staff meal/rest breaks. This option is only for staffing coverage—not for behavior management or convenience. Programs must follow ratios and group sizes for the youngest child. Please contact your licensor if you have additional questions.

For capacity and ratio information, please review:

• Capacity Charts for Center and School-Age Programs 
• Capacity Charts for Outdoor Nature-Based Programs

For temporary mixed‑age grouping, no license change is needed if the program stays within approved capacity, age range, and space. Programs should keep a schedule showing when mixed‑age grouping happens and be able to explain how the rule is met.

For ongoing mixed‑age classrooms, providers must notify DCYF and meet WAC 110‑300‑0357 requirements.

A center may combine children of different age groups for up to 4 hours in a day only when at least 90 minutes of that mixed-age time is reserved for staff meal and rest breaks. The extra time beyond 2.5 hours is intended to support staffing coverage for breaks, not to manage behavior issues, general classroom challenges, or routine convenience.

Example: A center could use mixed-age grouping for up to 4 hours if part of that time is specifically scheduled to allow staff meal and rest breaks. If the center is not using at least 90 minutes of the mixed-age period for staff meal/rest breaks, then the regular 2.5-hour limit applies.

Mixed-age grouping does not remove other licensing requirements. The center must continue to:

• Maintain the staff-to-child ratio and group size for the youngest child in the mixed group;
• Stay within the license’s approved total capacity and age range;
• Use only approved child care space;
• Meet the health, safety, supervision, and developmental needs of all children in the group;
• Provide developmentally appropriate materials, equipment, activities, and supervision for each age group present;
• Make sure the space is safe and appropriate for the youngest child in the group; and
• Follow any additional mixed-age requirements in WAC 110-300-0357 when operating an approved mixed-age classroom or group.

Younger children should not be placed in an older-child space unless that space is approved and safe for the younger children’s age and developmental level. For example, infants should not be placed in a preschool space unless the space, equipment, materials, supervision, and safety conditions are appropriate and approved for infants.

No, only temporary combining is allowed unless approved under WAC 110‑300‑0357.

No, ONB programs must continue following WAC 110‑302‑0357 and notify DCYF when using mixed‑age groups. Keeping the ONB-specific notification requirement allows DCYF to review whether mixed-age grouping is appropriate for the program’s setting.

If you stayed connected to licensed child care (e.g., approved leave), you may still qualify. If you left licensed child care entirely, it may count as a break in service. DCYF reviews each case to determine if the waiver applies.

MERIT is exploring options for tracking orientation requirements on dashboards.

DCYF will let providers know when major changes to licensing rules, health and safety requirements, provider responsibilities or the licensing process occur. Minor edits may not require a new orientation.

There are no anticipated changes to the provider portal currently. Future changes will be communicated out. MERIT is exploring options for tracking orientation requirements on dashboards.