The department:

1. (1) Will:

   1. (a) Maintain statewide limits of slots for children that exceed SMI eligibility. Limits are set at:

      1. (i) Ten percent of the total statewide enrollment for children that meet criteria in RCW 43.216.505; or
      2. (ii) Twenty-five percent for ECEAP sites operated by sovereign tribal nations; and

   2. (b) Determine the number of slots annually for children who exceed the SMI eligibility based on:

      1. (i) The contractors' size, enrollment history, and to provide flexibility to fill classes in rural areas; and

      2. (ii) Eligibility as outlined in:

         1. (A) RCW 43.216.505;
         2. (B) RCW 43.216.512; and
         3. (C) RCW 43.216.513;
   3. (c) Document the number of annual slots available for children who exceed the SMI eligibility in the early learning management system for ECEAP contractors; and

   4. (d) Consider the following when reviewing requests for additional slots for children that meet eligibility enrollment criteria using the department's prioritization system outlined in WAC 110-425-0085:

      1. (i) ECEAP enrollments have not reached the statewide limits of children eligible for enrollment; or

      2. (ii) The requesting ECEAP contractors':

         1. (A) Need to fill slots to fully enroll a class to verify access to services for eligible children;
         2. (B) Community need for additional flexibility to serve additional children; and
      3. (iii) The presence of unserved eligible children; and
2. (2) May adjust the number of annual slots when slots are reallocated between ECEAP contractors.

[Statutory Authority: 2025 cc 109, 412, 253, RCW 43.216.065, 43.216.512, 43.216.513, and 43.216.525. WSR 26-07-024, s 110-425-0087, filed 3/9/26, effective 4/9/26. Statutory Authority: RCW 43.216.512, 43.216.525, 43.216.540, and 43.216.555. WSR 19-24-014, § 110-425-0087, filed 11/21/19, effective 12/22/19.]