Negotiated Rule Making Kick Off - Front page | Washington ... · Focus Group and Survey Results...
Transcript of Negotiated Rule Making Kick Off - Front page | Washington ... · Focus Group and Survey Results...
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Negotiated Rule Making Kick Off
Saturday, May 20
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Saturday Agenda
• Welcome• Alignment And Rules Review Approach• Break• Negotiated Rule Making: Developing Guiding Principles• Negotiated Rule Making: Interest Based Negotiation• Lunch• Interest Based Negotiation Activity• Negotiated Rule Making: Protocols • Break• Negotiated Rule Making: Comments• Small Group Activity• Wrap Up• Sunday Logistics
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WelcomeLori Anderson
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Alignment and Rules Review ApproachHarriet DichterLuba BezborodnikovaTina Chen-Xu
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Alignment and Rules Review Approach Agenda
• Alignment and the National Context
• Alignment Process• Goals, Principles, and
Focus• Process
• Alignment of Licensing Rules• Weighted Licensing Rules
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Alignment and National Context
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Alignment and the National Context
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High quality mixed-delivery child care system that equitably
works for ALL children
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Standards Alignment: State-Wide CollaborationRacial Equity, Cultural Humility, Linguistic Relevancy, Individualization, Special Services & Inclusiveness
State-Wide Collaborative:• DEL Steering Committee• State-Wide Advisory Committee• State-Wide Community Engagement
Reaching Out to Diverse Communities:o Tribalo Racial and Ethnico Cultural and Linguistico Family Care providerso Center Care providerso Families & Parentso Other Stakeholders
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Alignment Process
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Early Start Act, Alignment Goals
…The Early Achievers program must establish a common set of expectations and standards that define, measure, and improve the quality of early learning and child care settings.... implement a single set of licensing standards for child care and the early childhood education and assistance program.
The new licensing standards must:• Provide minimum health and safety standards for
child care and preschool programs;• Rely on the standards established in the early
achievers program to address quality issues in participating early childhood programs;
• Take into account the separate needs of family care providers and child care centers; and
• Promote the continued safety of child care settings.
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Standards Alignment Principles
Child and
Family
Evaluation and
Observation
Simplicity
Efficiency
TransparencyCommunity Engagement
EquityCommunity
Impact
Cultural Humility
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DuplicationStandard is repeated in licensing and/or Early Achievers and/or ECEAP
Language InconsistencesDifferent words are used in licensing and/or Early Achievers and/or ECEAP even though the concepts are the same
ProgressionStandards logically build on one another between & across licensing, Early Achievers and ECEAP
Dual Language LearnersChildren who acquire two or more languages simultaneously, who learn a second language while continuing to develop their first language, or who are unable to communicate effectively in English because their primary language is not English and they have not developed fluency in the English language yet
Standards Alignment Focus
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Standards Alignment ProcessRacial Equity & Cultural Humility
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ECEAP and Early Achievers L4 & L5: Programs demonstrate that they are meeting licensing, Early Achievers, and ECEAP standards (ECEAP sites only)
Early Achievers: participating programs move beyond licensing standards on a quality pathway
Licensing Standards: All licensed programs must meet the same foundational health, safety, child development quality standards
Per the Early Start Act requirement, DEL has embarked on the standards alignment process
to create one set of standards across all of their programsthat demonstrate a clear progression of quality from licensing,
to Early Achievers and through to ECEAP.
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Alignment of Licensing Rules
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Alignment of Licensing Rules The Early Start Act mandated that DEL update our licensing rules so that the early
learning system has a unified set of foundational health, safety and child development regulations that are easy to understand and align with other
requirements by providers in the field. (RCW 43.215.201)
DEL is taking a transparent, methodical, and inclusive approach to this legislatively-mandated process.
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WAC AlignmentChanges in the federal child care law, increased knowledge and research,
and DEL policy priorities all inform this revision.
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Main Resources
• Child Care and Development Block Grant (CCDBG)
• Child Care Development Fund (CCDF) requirements
• Washington State CCDF Plan
• Caring for Our Children Basics
• Caring for Our Children
• Washington State Early Learning and Development Guidelines
• Community Feedback on Proposed Licensing Standards Drafts, Report
• Washington State Policies and Directives
• Federal Policies and Directives
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Weighted Licensing Rules
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Research Based Methodology
Differential Monitoring: A regulatory method for determining the frequency or depth of monitoring based on an assessment of a facility’s history of compliance with rules
Risk Assessment: An approach that focuses on identifying and monitoring those rules that place children at greater risk of mortality or morbidity if violations or citations occur
Key Indicators: An approach that focuses on identifying and monitoring those rules that statistically predict compliance with all the rules.
Dr. Richard Fiene research and implementation
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Focus Group and Survey Results
98
156
0
9
48
132 131
91
35
0
20
40
60
80
100
120
140
160
180
Weight 0 Weight 1 Weight 2 Weight 3 Weight 4 Weight 5 Weight 6 Weight 7 Weight 8
Distribution of Median Weights
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MEDIAN RESULTS BY TOPICFOCUS GROUP & SURVEY
Focus Group
SurveyResults
WAC Regulation SectionTotal Regulations 0 1 1 2 3 4 5 6 7 8
Intent and Authority 38 26 6 2 4Child Outcomes 4 1 3
Environment 314 14 20 4 28 76 92 59 21Family Engagement and Partnerships 6 4 1 1
Interactions and Curriculum 117 11 48 1 13 15 19 10Professional Development and Training 81 9 20 4 10 19 13 6Program Administration and Oversight 140 38 58 3 19 11 7 4
TOTAL COUNT 700 98 156 0 0 9 48 132 131 91 35
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Focus Group and Survey ResultsDistribution of Median Weights by Regulation Section
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SummaryDevelop a unified set of foundational health, safety and child development regulations by:
• supporting parents choice and the state mixed delivery childcare system
• ensuring high quality early learning environments for ALL children
• committing to racial equity, cultural humility, and inclusion
• establishing clear quality progression (Licensing – Early Achievers - ECEAP), and a pathway to providers to achieve the highest levels of quality
• being in compliance with federal child care law and state requirements
• using increased early learning knowledge and research, and DEL policy priorities to inform decision making.
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Questions?
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Break
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Negotiated Rule Making: Developing Guiding PrinciplesLori AndersonTina Chen-XuHallie Wells
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Developing a Shared Vision
Create the shared vision:Imagine it is August 2020, the final rules have been in place for 2 years, and they are perfect.
• What do the rules mean to you?• What do the rules accomplish?• In your opinion, what makes them perfect?
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Developing Common Values
Brainstorm common values:
• In our perfect world, what behaviors are necessary to realize the vision?
• What will be necessary to support these behaviors and achieve the vision?
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Negotiated Rule Making: Interest Based NegotiationTina Chen-XuHallie Wells
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Interest Based Decision Making
“Integrative” or Interest-Based Bargaining• Methodology for all parties to find a
“win-win” in negotiating• Focuses on educating parties to
understand the interests of each other• Includes: “needs, desires, concerns,
and fears important to each side”• By understanding the motivations behind
each side, negotiators can speak and compromise in the same “language”
• Appreciate the perspective of each side
See www.beyondintractibility.org/essay/interest-based-bargaining for more information. For more resources, visit: https://medium.com/swarm-nyc/the-art-of-negotiation-positional-vs-interest-based-bargaining-c1931ce9ab4b
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Positional vs. Interest Based Bargaining
Adapted from http://www.beyondintractability.org/library/external-resource?biblio=2373732
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Interest-Based Decision Making Example
Scenario Topic:“Clearly, the sky is always grey.”
Positional Negotiations:
• That’s dumb, it’s blue!• It’s just grey, duh, I don’t have to
explain myself!• Well, actually, it’s black at night,
too.• That’s clearly an opinion and it’s
not acceptable in this discussion.• Everyone knows the sky is blue.
Unless you are color blind.
Interest-Based Negotiations:
• From my perspective, growing up in Seattle, the sky is grey fairly often due to the rain.
• I understand in Seattle the sky may be grey much of the time, but in Spokane it can also be blue. Can we agree on that?
• Well, scientifically, the molecules in the air scatter blue light from the sun more than they scatter red light, which is why it looks blue when it’s not cloudy.
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Lunch
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Interest Based Negotiation Activity
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Interest-Based Decision Making Exercise
• Divide into 3 groups of 16-17 people• Consider the following scenario:
– You are part of the (16-17 person) city council in Dual Crests, WA– Dual Crests’ Mayor, Daniel Finch is a proponent of using interest-
based decision making in deliberating changes going on in Dual Crests, and today’s meeting of the city council is no different
– Dual Crests had a budget surplus this year due to a recent influx of tourism thanks to the upcoming release of the revival of the early ‘90s hit TV-show Double Summits, which was filmed partially in Dual Crests
– Today’s city council meeting, mediated by the Mayor, has been convened to determine how to spend the additional $500,000.00 in revenue. Use Interest-Based Decision making to collaboratively decide how to spend those dollars.
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Negotiated Rule Making: ProtocolsLori Anderson
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Process
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The ABCs of Negotiating
• Communicate• Control emotions• Create solutions
A• Actively listen• Ask questions … especially
“why?”• Arrive at decisions
B • Be willing to collaborate• Build consensus
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Key Expectations• Be prepared
• Read the draft rules before the NRM session• Bring your notebook to each meeting• Bring alternates joining NRM mid-stream up-to-date
before they step in• Brief anyone who misses a session – tell them what was
missed
• Be focused• Remove distractions• Get enough rest• Resist sidebar discussions
• Be on time!!!!!!!
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Protocols
Create the structure for negotiations
Approved by all at the start of negotiations
May be revised during negotiations
Draft protocols based on protocols from 2008 negotiated family home child care providers rule making and input from organizers
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Fist to Five: Measuring Support
• Consensus means that all support, or can at least tolerate, the draft rule language and weight.
• Consensus means everyone is holding up at least three fingers.
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Break
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Negotiated Rule Making:Comments
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Small Group ActivityLori Anderson
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Creating Solutions
• Divide into 4 groups of approximately 12 people• Each group is given a handout that contains a unique problem
• As a group, come up with an idea to solve the problem and write it on the handout
• Pass the handout with problem/idea(s) to the group on the left• Each group comes up with another solution based upon the last idea
and writes it on the handout
• Circulate the handouts through all 4 groups at least 4 times
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Wrap up
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Sunday LogisticsLuba Bezborodnikova
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