(1) The department shall adopt rules that allow a three-year-old child who is not eligible under RCW 43.216.505 to enroll in the early childhood education and assistance program, as space is available and subject to the availability of amounts appropriated for this specific purpose, when the child:
(a)(i) Has a family income at or below 50 percent of the state median income or meets at least one risk factor criterion adopted by the department in rule; and
(ii) Has received services from or participated in:
(A) The early head start or a successor federal program providing comprehensive services for children from birth through two years of age;
(B) The early support for infants and toddlers program or received class C developmental services;
(C) The birth to three early childhood education and assistance program; or
(D) The early childhood intervention and prevention services program; or
(b) Did not turn three on or before August 31st of the school year, but otherwise meets the definition of eligible child under RCW 43.216.505.
(2) Children enrolled in the early childhood education and assistance program under this section are not eligible children as defined in RCW 43.216.505 and are not part of the state-funded entitlement required in RCW 43.216.556.