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Bill would let eligible children enroll in ECAP when they turn 3 to fill underused slots (HB 1351)

2140766 · January 22, 2025
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Summary

House Bill 1351 would allow Department of Children, Youth and Families (DCYF) programs to enroll children who are two but will turn three during the school year, subject to space and funding, so qualifying children can access services sooner without expanding the ECAP entitlement.

The Early Learning and Human Services Committee heard testimony on House Bill 1351, which would allow the Department of Children, Youth, and Families to enroll certain children in the Early Childhood Education and Assistance Program (ECAP) as soon as they turn 3 years old if a program has space, sponsor Rep. Amy Birnbaum said in her first bill presentation to the committee.

Background and problem: ECAP provides no‑cost preschool and wraparound services for eligible children who are not yet age‑eligible for kindergarten, and — beginning with the 2026‑27 school year — some ECAP eligibility will be an entitlement for children who meet the standard criteria. Staff briefed the committee that, subject to available funding and space, DCYF currently may enroll a limited set of children who will turn 3 during the school year if they meet certain early intervention criteria. Representative Birnbaum and supporters told lawmakers that classrooms sometimes have space but cannot enroll children who narrowly miss the statutory age cutoff, leaving high‑need children without services for many months.

What the bill does: under HB 1351, DCYF may allow two‑year‑old children who will turn 3 during the school year to enroll in ECAP when they otherwise meet the program’s standard eligibility criteria (income, special‑education eligibility or other agency criteria), subject to available funding and space. Staff emphasized that children enrolled under this authorization would not be counted toward the future ECAP entitlement population.

Supporters’ rationale: Katie Warren of the Washington State Association of Head Start and ECAP said the bill would help programs fill available slots with high‑need children — for example, children experiencing homelessness, foster care involvement or family trauma — and would prevent gaps in services for children who otherwise must wait until the next school year to access ECAP. Rep. Birnbaum cited Washington State Institute for Public Policy analysis that ECAP produces a strong return on investment and described the bill as a way to maximize use of already funded slots. Providers from multiple regions, including rural areas and migrant communities, described empty or underused ECAP slots and urged the committee to allow eligible 3‑year‑olds to start earlier when space exists.

Requests and clarifications: witnesses asked for an amendment clarifying that the bill’s intent is to enroll children "as soon as they turn 3," not to enroll them as two‑year‑olds prior to their third birthday, and indicated they would welcome a prioritization provision to favor children who are not already served by other programs. Providers also said that full‑day universal transitional kindergarten (TK) in some districts has reduced ECAP enrollment for certain age cohorts and that earlier ECAP enrollment would help children who currently lack access.

The committee closed the hearing on HB 1351 with no immediate vote recorded.