(1) The department shall adopt rules that allow the enrollment of children in the early childhood education and assistance program, as space is available, if the number of such children equals not more than 25 percent of total statewide enrollment, when the child is not eligible under RCW 43.216.505 and has a family income level above 36 percent of the state median income but at or below 50 percent of the state median income adjusted for family size and the child meets at least one of the risk factor criterion described in subsection (2) of this section.
(2) Children enrolled in the early childhood education and assistance program pursuant to this section must be prioritized for available funded slots according to a prioritization system adopted in rule by the department that considers risk factors that have a disproportionate effect on kindergarten readiness and school performance, including:
(a) Family income as a percent of the state median income;
(b) Child welfare system involvement;
(c) Domestic violence;
(d) English as a second language;
(e) Expulsion from an early learning setting;
(f) A parent who is incarcerated;
(g) A parent with a behavioral health treatment need; and
(h) Other risk factors determined by the department to be linked by research to school performance.
(3) Children enrolled in the early childhood education and assistance program under this section are not considered eligible children as defined in RCW 43.216.505 and are not considered to be part of the state-funded entitlement required in RCW 43.216.556.
(4) This section expires August 1, 2030.