CITY OF SEATTLE

ORDINANCE __________________

COUNCIL BILL __________________

AN ORDINANCE relating to funding and providing preschool services for Seattle children; requesting that a special election be held concurrent with the November 4, 2014 general election for submission to the qualified electors of the City of a proposition to lift the limit on regular property taxes under Chapter 84.55 RCW and authorize the City to levy additional taxes for up to four years for the purpose of providing accessible high-quality preschool services for Seattle children designed to improve their readiness for school and to support their subsequent academic achievement; adopting the Seattle Preschool Program Action Plan; requiring the adoption of an Implementation Plan by the City Council; authorizing creation of a new subfund; directing the application of levy proceeds; establishing eligibility requirements for providers; creating an oversight committee; authorizing implementing agreements for this levy lid lift commonly known as the Seattle Preschool Program Levy; providing for the facilitation of communication between the City and affected groups; providing for a partnership agreement with Seattle School District No. 1; requiring annual progress reports; proposing a ballot title; and ratifying and confirming certain prior acts.

WHEREAS, participation in high-quality preschool improves academic performance and significantly increases graduation rates, thereby helping to ensure that future generations of children are well-prepared to enter an increasingly demanding and dynamic workforce; and

WHEREAS, high-quality preschool has been identified as a costeffective means to address the achievement and opportunity gaps by preparing students for the academic and behavioral expectations of K-12 education; and

WHEREAS, several long-term evaluations, such as the High Scope Perry study, Abecedarian project, and the Chicago ChildParent Center program, demonstrate that high-quality preschool leads not only to better academic achievement (such as higher reading scores and stronger high school graduation rates), but also to better health, higher-paying jobs, and lower rates of criminal behavior; and

WHEREAS, several jurisdictions, including Boston, San Francisco, the State of Oklahoma, the State of West Virginia, and 31 local districts in New Jersey, are already implementing high-quality preschool open to all children and, according to independent studies, the participating children are achieving the intended positive outcomes; and

WHEREAS, the Washington State Department of Early Learning is promoting alignment of local government efforts with the Washington Preschool Program; and

WHEREAS, the Mayor and City Council will require the Seattle Preschool Program providers to comply with all Washington State licensing provisions intended to ensure the safety of children and families, including those related to criminal background checks, fire safety and health standards; and

WHEREAS, on September 23, 2013, the City Council passed Resolution 31478, which called for developing a voluntary high-quality preschool program available in Seattle; and

WHEREAS, Resolution 31478 directed the Office for Education (OFE), with the assistance of independent consultants, to present to the Council a single written action plan with proposed parameters of the high-quality preschool program; and

WHEREAS, the Executive has proposed a single written Seattle Preschool Program Action Plan;

NOW, THEREFORE,

BE IT ORDAINED BY THE CITY OF SEATTLE AS FOLLOWS:

Section 1. Statement of Adoption, Policy and Intent . The City Council seeks to create a comprehensive approach to City-supported preschool (the "Seattle Preschool Program") through adoption and funding of the Seattle Preschool Program Action Plan ("Action Plan") and requiring adoption of a Seattle Preschool Program Implementation Plan ("Implementation Plan").

A. The City Council adopts and incorporates the Action Plan into this ordinance in its entirety. The Action Plan includes, but is not limited to, the following core strategies for the Seattle Preschool Program:

1. Achieving quality through evidence-based successful practices.

2. Using a mixed-delivery system, with classrooms offered by Seattle Public Schools and community providers.

3. Making participation in the program voluntary for providers and participants.

4. Achieving the ultimate goal of serving all eligible and interested 4-year-olds and all 3-year-olds from families making less than 300% of the federal poverty level in Seattle.

5. Providing free tuition for children from families earning at or below 300% of the federal poverty level.

6. Setting tuition on a sliding scale for families earning more than 300% of the federal poverty level with at least some level of subsidy for all families.

7. Establishing high standards for teacher education and training and supporting teachers in attaining these standards through tuition assistance and embedded professional development.

8. Compensating staff at levels designed to attract and retain well-prepared teachers and to provide fair compensation for a traditionally poorly compensated sector of our economy.

9. Informing programmatic improvement through ongoing, independent evaluation.

B. Levy Proceeds will be used for a four-year demonstration phase of the Seattle Preschool Program. Evidencebased strategies, developments in the early learning field, and best practices related to high-quality preschool may evolve over the course of the demonstration phase. The City Council may, as it deems necessary to strengthen the quality, outcomes, reach or efficiency of the Seattle Preschool Program, amend the Seattle Preschool Program Action Plan and core strategies and priorities for Levy investments through future Council ordinance. The City shall seek the recommendation of the Committee established in Section 7 of this ordinance prior to introducing any such future ordinance.

C. The City Council's intent is that the City shall determine the most appropriate manner in which to effectuate the Action Plan and above core strategies through design and adoption of the Implementation Plan and, as necessary, amendment of the Action Plan. Policy, funding priorities and specific requirements related to all substantive aspects of the Seattle Preschool Program, including but not limited to Preschool Services, tuition, teacher and staff qualifications, training, professional development, and compensation, and communication between the City and preschool teachers and staff, shall be made by the City, in consultation with the Oversight Committee where appropriate, and shall be consistent with this ordinance, the Action Plan and Implementation Plan.

D. The City Council endorses the following Priorities for Funding, consistent with the Action Plan:

Priorities for Levy Funding:

The Action Plan recommends the Seattle Preschool Program begin with a four-year demonstration phase-in. In addition to the program's requirements to ensure preschool that is high-quality and is on track to achieve the positive outcomes for the participating children, the following priorities apply to the schedule of phasing in the Seattle Preschool Program subject to amendment by future Council ordinance:

1. Supporting programs which are able to braid and/or blend funding from multiple sources in order to allow Seattle Preschool Program funds to serve more children.

2. Serving Four-year olds, because they are first to enter kindergarten, and Three-year olds from lowincome families (under 300% of the Federal Poverty Level) in mixed-age and mixed-income classrooms.

3. Supporting programs located in areas with the lowest academic achievement as reflected in 3rd grade reading and 4th grade math performance on Measures of Student Progress (MSP) or subsequently adopted assessments as well as areas with high concentrations of low-income households, English Language Learners, and incoming kindergartners.

4. Contracting with Seattle School District No. 1 ("School District").

5. Supporting programs providing extended day and summer services for interested families or offering dual language Preschool Services.

Section 2. Definitions. As used in this ordinance, the following words when capitalized have the following meanings:

A. "Action Plan" means the Seattle Preschool Program Action Plan submitted by the Executive consistent with City Council Resolution 31478 and attached here as Attachment A.

B. "City" means The City of Seattle.

C. "Full Day" means at least six hours per day.

D. "Implementation Plan" means the Seattle Preschool Program Implementation Plan described in Resolution 31527 and Section 8 of this ordinance.

E. "Preschool Services" means the array of programs and activities referred to in Section 1 and Section 5 of this ordinance as well as in both the Action Plan and Implementation Plan, with such modifications as the City Council may from time to time authorize by ordinance.

F. "Proceeds" means that portion of regular property taxes levied and collected as authorized by voter approval pursuant to this ordinance that are above the limits on levies provided for in RCW 84.55.010, and all interest and other earnings derived from that portion of the Levy.

G. "Three-year olds" means children who are Seattle residents and who are three-years old on August 31 ^st prior to the beginning of the school year of enrollment.

H. "Four-year olds" means children who are Seattle residents and who are four-years old on August 31 ^st prior to the beginning of the school year of enrollment.

Section 3. Levy of Regular Property Taxes Submittal. The City hereby submits to the qualified electors of the City a proposition as authorized by RCW 84.55.050 to exceed the levy limitation on regular property taxes contained in Chapter 84.55 RCW, as it now exists or may hereafter be amended, for property taxes levied in 2014 through 2017 for collection in 2015 through 2018, respectively, raising up to $58,266,518 in aggregate over a period of up to four years. The proposition shall be limited so that the City shall not levy more than $14,566,630 in the first year, in addition to the maximum amount of regular property taxes it would have been limited to by RCW 84.55.010 in the absence of voter approval under this ordinance, plus other authorized lid lifts. Proceeds shall be used to fund the Seattle Preschool Program, including providing Preschool Services for Seattle children and their families consistent with the comprehensive approach to City-supported preschool described in this ordinance, the Action Plan, the Implementation Plan, and any amendments thereto adopted by future Council ordinance. Pursuant to RCW 84.55.050(4), the maximum regular property taxes that may be levied in 2018 for collection in 2019 and in later years shall be computed as if the levy lid in RCW 84.55.010 had not been lifted under this ordinance.

Section 4. Application of Proceeds. A new City Fund, the Preschool Services Fund, is created in the City Treasury. Unless otherwise directed by ordinance, Proceeds shall be deposited in the Preschool Services Fund and be used for the purposes of this ordinance. The Director of the Office for Education, or successor department, shall have responsibility for administering the Fund. The Director of Finance, or the Director's designee, is authorized to create subfunds or accounts within the Preschool Services Fund as may be needed or appropriate to implement the purposes of this ordinance. Proceeds may be temporarily deposited or invested in such manner as may be lawful for the investment of City money, and interest and other earnings shall be used for the same purposes as the Proceeds.

Section 5. Preschool Services. Preschool Services funded by Proceeds are intended to promote elementary school preparedness, developmentally-appropriate learning activities, and professional development for program providers. Levy investments shall be implemented according to this ordinance, the Action Plan and the Implementation Plan and shall include at a minimum the following:

A. School Readiness. Major program elements include full day high-quality preschool for Three-year olds and Four-year-olds.

B. Program Support: Professional Development and Training. Major program elements include professional development, coaching, and mentoring of instructional staff on an ongoing basis; training for preschool directors and program supervisors; available training for teachers in areas of specific expertise including inclusion, bilingual education, cultural competence, and training and consultation to ameliorate challenging behaviors; and successful transitions from home or other care situations and to kindergarten. The design and implementation of such professional development and training programs shall be made by the City, in consultation with the Oversight Committee described in Section 7 of this ordinance where appropriate, and consistent with this ordinance, the Action Plan and Implementation Plan.

C. Capacity building. Major program elements include tuition support and degree pathway advising for teaching staff to attain required educational credentials from accredited institutions of higher education, facility construction, renovations, and improvements as needed, classroom start-up, and organizational capacity building.

D. Research and Evaluation. Major program elements include not only external, independent evaluation of both program implementation, and shortand long-term evaluation of outcomes and programmatic impacts, but also the creation of necessary data systems.

E. Administration. Major elements include City staff or contracted services to oversee quality assurance, enrollment management, contract monitoring, policy and planning, community outreach, and reporting results.

In the annual City budget or by separate ordinance, the City's legislative authority shall from year to year determine the Preschool Services and funding allocations that will most effectively achieve the Levy goals and outcomes in accordance with Chapter 35.32A RCW. Within a budget year, the City is authorized to reallocate unexpended and unencumbered funds from one core strategy to another by making operating budget transfers consistent with Seattle Municipal Code (SMC) 5.08.020. Before the Executive submits any proposed changes in Levy funding by ordinance, the Executive will seek the recommendation of the Oversight Committee described in Section 7 of this ordinance. If it chooses to, the Executive may seek recommendations from other persons or entities. Unexpended appropriations of Proceeds shall carry forward to subsequent fiscal years until they are exhausted or abandoned by ordinance.

Section 6. Providers. To be eligible to contract with the City to provide preschool through this program, qualified organizations must meet the following criteria, in addition to any criteria established under the Implementation Plan called for in Section 8 and Resolution 31527:

A. They must be licensed by the Washington State Department of Early Learning to provide preschool services (or exempt from licensing requirements by virtue of being a public school or institution of higher education).

B. They must participate in the Washington State Early Achievers Program, or a successor program, and receive a rating of three or higher in the Quality Rating and Improvement System.

C. They must meet minimum requirements for the Classroom Assessment Scoring System (CLASS) and the Early Childhood Environment Rating Scale-Revised (ECERS-R) scores as determined through the implementation planning process.

Section 7. Oversight Committee. Conditioned upon voter approval of the ballot proposition submitted by this ordinance, there is established an Oversight Committee ("Committee") to make recommendations on the design and funding of Levy programs and to monitor the progress of Levy programs in meeting Levy outcomes and goals. The Committee shall be the sole entity with designated authority to make official recommendations on these subjects to the City.

A. The Committee shall make recommendations on the Implementation Plan called for in Section 8 and Resolution 31527 and on the Partnership Agreement called for in Section 11.

B. The Committee shall each year:

1. By February, review the annual report of Levy outcomes and indicators for the previous school year;

2. By April, review mid-year indicators of progress for the first half of the current school year;

3. By May, review and advise on proposed course corrections, program modifications, or program eliminations;

4. By September, review and advise the City Council on proposed expenditures and reallocations, including the annual Levy budget; and

5. Periodically review and advise on program evaluations.

C. The Council requires that the Executive seek the recommendation of the Committee before the Executive submits to the Council the Implementation Plan and the Partnership Agreement. If it chooses to, the Executive may seek recommendations from other persons or entities.

D. The Committee shall consist of the twelve members of the Families and Education Levy Oversight Committee established by Ordinance 123567 with the addition of four Seattle residents with an interest in and understanding of Preschool Services as listed in Section 5. The Mayor shall appoint all four of the resident Committee members. All members appointed by the Mayor shall be confirmed by the City Council.

E. The four resident members shall be appointed to four-year terms. Upon the resignation, retirement, death, incapacity or removal of a Committee member, the Mayor may appoint a replacement for the balance of the term. The Mayor may remove any member who is absent from two or more consecutive meetings without cause. The Mayor may remove any member for other good cause shown or to ensure compliance with subsection F of this section.

F. The four resident members should have professional, personal, or research experience associated with the growth and development of children, including their preschool needs. The City will also seek candidates to serve on the Committee who have an understanding of and experience working with those who have historically not had access to high-quality preschool programs.

G. At all times no more than one of the four additional committee members shall be an officer, director, board member, trustee, partner or employee of an entity that receives or competes for funding under this ordinance; or be a member of the immediate family of, or an individual residing with, an officer, director, board member, trustee, partner or employee of an entity that receives or competes for funding under this ordinance; or be a person seeking or having an arrangement concerning future employment with an entity that receives or competes for funding under this ordinance. For the purposes of this ordinance an individual's "immediate family" means an individual's spouse or domestic partner, child, child of a spouse or domestic partner, sibling, sibling of a domestic partner, brother-in-law, sister-in-law, parent, parent of a spouse or domestic partner, a person for whom the individual is a legal guardian, or a person claimed as a dependent on the individual's most recently filed federal income tax return. Subject to the preceding sentence and applicable law, an individual serving as an officer, director, board member, trustee, partner or employee of an entity that receives or competes for funding under this ordinance, or who has an interest in such an entity, shall not thereby be disqualified from serving on the Committee, but shall fully disclose any such relationships and shall not vote on any matter in which the interest of such entity is directly involved. For purposes of this section, "entity" does not include a City department or office. The provisions of this section are in addition to the requirements of SMC chapter 4.16.

H. The Committee will generally meet every other month or as needed beginning January 2015. The Office for Education, or successor department, shall provide staff and logistical support for the Committee. Members shall serve without pay. The Committee shall continue in existence through December 31, 2018, and thereafter if so provided by ordinance.

Section 8. Implementation Plan. As provided for in Resolution 31527, the Implementation Plan shall be approved and adopted by future ordinance prior to program implementation. The ordinance that adopts the initial Implementation Plan shall identify when Council will be required to approve changes by ordinance.

Section 9. Implementing Agreements. If this proposition is approved by the voters, the City may carry out the Preschool Services with City staff or by direct agreements with the School District, with Public Health -Seattle & King County, the State of Washington, and Head Start and Early Childhood Education and Assistance Program providers. Additionally, the City may enter into direct agreements with the providers of the curricula specified under the Implementation Plan, and may enter into agreements with consultants through the process under SMC 20.50. Any other Preschool Services shall be carried out through agreements entered into through a process described in the Implementation Plan, which will set out the complete process and schedule for how the additional programs and services will be selected and contracted.

The Mayor or the Mayor's designee is authorized to enter into agreements for Preschool Services as provided in Section 5. When using a request for proposal or request for investment process, the City shall perform outreach to small, economically disadvantaged businesses, including those owned by women and minorities. City agreements with other public entities shall encourage those entities to actively solicit bids for the subcontracting of any goods or services, when such subcontracting is required or appropriate, from qualified small businesses, including those owned by women and minorities. All City agreements for Preschool Services shall require the contracting entities to comply with all then-applicable requirements for non-discrimination in employment in federal, state, and City of Seattle laws and regulations.

Section 10. Communications. The City will facilitate communications with and feedback from teachers and staff of providers, provider organizations, parents/guardians, the School District, other governmental entities, impacted community groups, and other relevant parties on professional development, workforce development, training programs, updated policies, race and social justice impacts, and other information regarding the Seattle Preschool Program, and other pertinent information related to the field of early learning in general. The City has discretion in determining the best method in which to accomplish these communications. The City must issue a report on its communications efforts and offer possible strategies to respond to feedback it receives for consideration in the Implementation Plan, and on an annual basis, at a minimum, thereafter.

Section 11. Race and Social Justice Analysis. A Race and Social Justice Analysis, as outlined in Resolution 31527, must be conducted before, and inform the development of, the Implementation Plan.

Section 12. City of Seattle/Seattle School District No.1 Partnership Agreement. As the Seattle School participates in the Seattle Preschool Program, there shall be a Partnership Agreement(s) ("Partnership Agreement") developed by the City and the School District in which the roles and responsibilities of the City and the School District in implementing Preschool Services are established. The Partnership Agreement shall set forth the parties' roles and responsibilities for achieving the desired outcomes for Preschool Services. It shall outline how the City and the School District shall work collaboratively to the benefit of children in preschool. The Partnership Agreement shall cover items including, but not limited to, data sharing necessary to implement program evaluations and course corrections, standards for delivery of services, curriculum alignment and other proactive measures to ensure effective transitions from preschool to kindergarten and higher grades, and the sharing of facilities. The City cannot enter into the Partnership Agreement, or materially amend the Partnership Agreement, until the Partnership Agreement or the amendment, as the case may be, is approved by the City Council and the School District. Proceeds may be spent on School District programs or functions only in accordance with an effective Partnership Agreement.

Section 13. Reporting. The Director of the Office for Education, or successor department, will prepare and submit to the Oversight Committee, City Council, the Mayor, and residents of Seattle annual progress reports on the implementation of the Preschool Services covering each of the core strategies in the Action Plan.

Section 14. Election Ballot Title. The City Council and Mayor find that this ordinance is on the same subject as proposed in Initiative 107 early learning. The City Council has rejected Initiative 107 and proposes this ordinance as an alternative measure on the same subject pursuant to City Charter Article IV, Section 1. The City Council directs that the City Clerk file this ordinance with the Director of Elections of King County, Washington, as ex officio supervisor of elections, requesting that the Director of Elections call and conduct a special election in the City in conjunction with the state general election to be held on November 4, 2014, for the purpose of submitting to the qualified electors of the City the proposition set forth in this ordinance pursuant to City Charter Article IV, Section 1 and applicable law as an alternative measure different from Initiative 107 but dealing with the same subject. The City Clerk is directed to certify to the King County Director of Elections the ballot title approved by the City Attorney in accordance with his responsibilities under RCW 29A.36.071 and RCW 29A.72.050. The following ballot title statement of subject and concise description are submitted to the City attorney for his consideration:

The City of Seattle's Proposition concerns the City's plan to provide early learning preschool for children.

This proposition funds the City's preschool plan (Ordinance 118114) with the goal of providing safe, high-quality, affordable, and voluntary early learning preschool. The plan requires use of proven strategies, support and training for teachers, tuition support, and evaluation of results in preschools licensed for safety. This proposition authorizes regular property taxes above RCW 84.55 limits, allowing additional 2015 collection of up to $14,566,630 (approximately 11 cents per $1,000 assessed value) and $58,266,518 over four years.

Section 15. Ratification. Certification of such proposition by the City Clerk to the King County Director of Elections in accordance with law prior to the date of such election on November 4, 2014, and any other act consistent with the authority and prior to the effective date of this ordinance, are hereby ratified and confirmed.

Section 16. Severability. In the event any one or more of the provisions of this ordinance shall for any reason be held to be invalid, such invalidity shall not affect any other provision of this ordinance or the levy of the taxes authorized herein, but this ordinance and the authority to levy those taxes shall be construed and enforced as if such invalid provisions had not been contained herein; and any provision which shall for any reason be held by reason of its extent to be invalid shall be deemed to be in effect to the extent permitted by law.

Section 17. Comprehensive law. This ordinance is intended to establish a complete and comprehensive framework for the creation, implementation, and development of a Seattle public preschool program.

Section 18. Conflicting laws. In the event any one or more of the provisions of this ordinance shall for any reason be held to be in conflict with any prior or concurrent enactment of law, this ordinance shall govern.

Section 19. This ordinance shall take effect and be in force 30 days after its approval by the Mayor, but if not approved and returned by the Mayor within ten days after presentation, it shall take effect as provided by Seattle Municipal Code Section 1.04.020.

Upon submission to the vote of the people, if approved, this ordinance shall then take full effect ten days after proclamation by the Mayor of such approval.

Passed by the City Council the ____ day of ________________________, 2014, and signed by me in open session in authentication of its passage this

_____ day of ___________________, 2014.

_________________________________

President __________of the City Council

Approved by me this ____ day of _____________________, 2014.

_________________________________

Edward B. Murray, Mayor

Filed by me this ____ day of __________________________, 2014.

____________________________________

Monica Martinez Simmons, City Clerk

(Seal)

Attachment A: Seattle Preschool Program Action Plan

Gerard "Sid" Sidorowicz/dg/CMV DON 2014 SPP ORD June 16, 2014 Version #4