H-1609

AN ACT Relating to student educational performance; amending RCW 28A.215.100, 28A.150.210, 28A.150.220, 28A.150.290, 28A.195.010, 28A.230.090, 28A.230.100, 28A.150.260, and 28A.305.140; adding new sections to chapter 28A.150 RCW; adding a new section to chapter 28A.230 RCW; creating new sections; repealing RCW 28A.230.110, 28A.305.140, and 25A.320.210; providing an effective date; and declaring an emergency.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

NEW SECTION. Sec. 1. The legislature finds that all children can learn, and that the mission of education is to develop flexible, self-directed, and interactive learners where all students have sufficient time, support, and resources to master and demonstrate established knowledge, attitudes, and skills; where the challenge is rigorous, and students are expected to achieve high academic and personal goals; where students, upon high school graduation, are prepared to enter the work force or receive further academic or vocational training; where students are challenged to learn as much as they can as fast as they can; where students develop the confidence to assist in the creation and understanding of the knowledge, attitudes, and skills; where parents, educators, business leaders, students, and community members form strong partnerships and are actively involved in decisions, design, and delivery of successful learning experiences; and where effective learning takes place in an enjoyable, rewarding, dynamic, multicultural, student-centered environment that is part of a community that values and supports life-long learning. The legislature further finds that the realization of this vision of education will require, at a minimum, that students be ready to learn when they enter school; that a state-wide consensus be developed on the essential knowledge, skills, and attitudes expected of students; that resources provided by the state be used to the greatest degree possible in the provision of direct instructional services to students; and that school districts and communities are given more autonomy, flexibility, and support to develop unique learning strategies to achieve these essential learnings. The legislature further finds that this necessity for increased flexibility requires that unnecessary state-level requirements be modified or repealed, and that new methods of school district accountability be developed to ensure that the essential learnings are mastered. It is the intent of the legislature to embark upon a process in which citizens and educators of the state will decide what shall be expected of students; in which a state-wide performance-based assessment system shall be developed to determine if the students have mastered the expected learnings; and in which the legislature, state board of education, superintendent of public instruction, and residents of the state provide the flexibility and support that will enable educators and communities to develop and implement successful learning strategies.

PART I

EARLY CHILDHOOD EDUCATION

Sec. 101. RCW 28A.215.100 and 1985 c 418 s 1 are each amended to read as follows:

To help ensure that all children will learn, it is the intent of the legislature to establish a preschool state education and assistance program. This special assistance program is a voluntary enrichment program to help prepare ((~~some~~)) low-income children to enter the common school system and shall be offered only as funds are available to eligible children not served by the federal head start program. This program is not a part of the basic program of education which must be fully funded by the legislature under Article IX, section 1 of the state Constitution.

PART II

BASIC EDUCATION

Sec. 201. RCW 28A.150.210 and 1977 ex.s. c 359 s 2 are each amended to read as follows:

The goal of the Basic Education Act for the schools of the state of Washington set forth in this ((~~1977 amendatory act~~)) chapter shall be to provide all students with the opportunity to ((~~achieve those skills which are generally recognized as requisite to learning. Those skills shall include the ability:~~

~~(1) To distinguish, interpret and make use of words, numbers and other symbols, including sound, colors, shapes and textures;~~

~~(2) To organize words and other symbols into acceptable verbal and nonverbal forms of expression, and numbers into their appropriate functions;~~

~~(3) To perform intellectual functions such as problem solving, decision making, goal setting, selecting, planning, predicting, experimenting, ordering and evaluating; and~~

~~(4) To use various muscles necessary for coordinating physical and mental functions~~)) master the essential skills, knowledge, and attitudes identified by the commission established in section 211 of this 1991 act.

NEW SECTION. Sec. 202. A new section is added to chapter 28A.150 RCW to read as follows:

Unless the context clearly requires otherwise, the definitions in this section apply throughout RCW 28A.150.200 through 28A.150.295.

(1) "Instructional hours" means those hours students are provided the opportunity to engage in educational activity planned by and under the direction of school district staff, as directed by the administration and board of directors of the district, inclusive of intermissions for class changes, recess, and teacher/parent-guardian conferences that are planned and scheduled by the district for the purpose of discussing students' educational needs or progress, and exclusive of time actually spent for meals.

(2) "Instruction in work force skills" means applied learning that strengthens and reinforces an individual's academic knowledge, critical thinking, problem-solving skills, and work ethics, and thereby develops employability, occupational skills, and the ability to manage home and work responsibilities necessary for economic independence. Such instruction shall include but is not limited to technology education/ industrial arts, home and family life education, business education, marketing education, agricultural education, health occupations education, trade and industrial education, and technical education.

Sec. 203. RCW 28A.150.220 and 1990 c 33 s 105 are each amended to read as follows:

(1) ((~~For the purposes of this section and RCW 28A.150.250 and 28A.150.260:~~

(a) The term "total program hour offering" shall mean those hours when students are provided the opportunity to engage in educational activity planned by and under the direction of school district staff, as directed by the administration and board of directors of the district, inclusive of intermissions for class changes, recess and teacher/parent‑guardian conferences which are planned and scheduled by the district for the purpose of discussing students' educational needs or progress, and exclusive of time actually spent for meals.

(b) "Instruction in work skills" shall include instruction in one or more of the following areas: Industrial arts, home and family life education, business and office education, distributive education, agricultural education, health occupations education, vocational education, trade and industrial education, technical education and career education.

~~(2)~~)) Satisfaction of the basic education ((~~goal~~)) program requirements identified in RCW 28A.150.210 shall be considered to be implemented by the following program ((~~requirements~~)):

(a) Each school district shall make available to students enrolled in kindergarten at least a total ((~~program~~)) instructional offering of four hundred fifty hours. The program shall include developmentally appropriate instruction in reading, arithmetic, and language skills and such other subjects and such activities as the school district shall determine to be appropriate for the education of the school district's students enrolled in such program;

(b) Each school district shall make available to students enrolled in grades one through ((~~three~~)) twelve, at least a district-wide annual average total ((~~program~~)) instructional hour offering of ((~~two thousand seven hundred~~)) one thousand hours. ((~~A minimum of ninety‑five percent of the total program hour offerings~~)) Effective May 1, 1992, a school district may schedule the last thirty instructional hours of any school year for noninstructional purposes in the case of students who are graduating from high school, including, but not limited to, the observance of graduation and early release from school upon the request of a student, and all such students may be claimed as full-time equivalent students to the extent they could otherwise have been so claimed for the purposes of RCW 28A.150.250 and 28A.150.260. The state board of education may define alternatives to classroom instructional time for students in grades nine through twelve enrolled in alternative learning experiences. The state board of education shall establish rules to determine annual average instructional hours for districts including fewer than twelve grades. The program shall ((~~be in the basic skills areas of~~)) include, in one or more of the grades one through twelve, instruction in reading/language arts ((~~(which may include~~)), foreign languages(())), mathematics, social studies, science, music, art, health ((~~and~~)), physical education, and work force skills. The requirements in this subsection may be met through interdisciplinary offerings. ((The remaining five percent of the total program hour offerings may include such subjects and activities as the school district shall determine to be appropriate for the education of the school district's students in such grades;

(c) Each school district shall make available to students in grades four through six at least a total program hour offering of two thousand nine hundred seventy hours. A minimum of ninety percent of the total program hour offerings shall be in the basic skills areas of reading/language arts (which may include foreign languages), mathematics, social studies, science, music, art, health and physical education. The remaining ten percent of the total program hour offerings may include such subjects and activities as the school district shall determine to be appropriate for the education of the school district's students in such grades;

(d) Each school district shall make available to students in grades seven through eight, at least a total program hour offering of one thousand nine hundred eighty hours. A minimum of eighty‑five percent of the total program hour offerings shall be in the basic skills areas of reading/language arts (which may include foreign languages), mathematics, social studies, science, music, art, health and physical education. A minimum of ten percent of the total program hour offerings shall be in the area of work skills. The remaining five percent of the total program hour offerings may include such subjects and activities as the school district shall determine to be appropriate for the education of the school district's students in such grades;

(e) Each school district shall make available to students in grades nine through twelve at least a total program hour offering of four thousand three hundred twenty hours. A minimum of sixty percent of the total program hour offerings shall be in the basic skills areas of language arts, foreign language, mathematics, social studies, science, music, art, health and physical education. A minimum of twenty percent of the total program hour offerings shall be in the area of work skills. The remaining twenty percent of the total program hour offerings may include traffic safety or such subjects and activities as the school district shall determine to be appropriate for the education of the school district's students in such grades, with not less than one‑half thereof in basic skills and/or work skills: PROVIDED, That each school district shall have the option of including grade nine within the program hour offering requirements of grades seven and eight so long as such requirements for grades seven through nine are increased to two thousand nine hundred seventy hours and such requirements for grades ten through twelve are decreased to three thousand two hundred forty hours.

(3) In order to provide flexibility to the local school districts in the setting of their curricula, and in order to maintain the intent of this legislation, which is to stress the instruction of basic skills and work skills, any local school district may establish minimum course mix percentages that deviate by up to five percentage points above or below those minimums required by subsection (2) of this section, so long as the total program hour requirement is still met.

~~(4)~~)) (2) Nothing contained in subsection ((~~(2)~~)) (1) of this section shall be construed to require individual students to attend school for any particular number of hours per day or to take any particular courses.

((~~(5)~~)) (3) Each school district's kindergarten through twelfth grade basic educational program shall be accessible to all students who are five years of age, as provided by RCW 28A.225.160, and less than twenty‑one years of age ((and shall consist of a minimum of one hundred eighty school days per school year in such grades as are conducted by a school district, and one hundred eighty half‑days of instruction, or equivalent, in kindergarten: PROVIDED, That effective May 1, 1979, a school district may schedule the last five school days of the one hundred and eighty day school year for noninstructional purposes in the case of students who are graduating from high school, including, but not limited to, the observance of graduation and early release from school upon the request of a student, and all such students may be claimed as a full time equivalent student to the extent they could otherwise have been so claimed for the purposes of RCW 28A.150.250 and 28A.150.260)).

((~~(6)~~)) (4) The state board of education shall adopt rules to implement and ensure compliance with the program requirements imposed by this section, RCW 28A.150.250 and 28A.150.260, and such related supplemental program approval requirements as the state board may establish((: PROVIDED, That each school district board of directors shall establish the basis and means for determining and monitoring the district's compliance with the basic skills and work skills percentage and course requirements of this section. The certification of the board of directors and the superintendent of a school district that the district is in compliance with such basic skills and work skills requirements may be accepted by the superintendent of public instruction and the state board of education.

(7) Handicapped education programs, vocational‑technical institute programs, state institution and state residential school programs, all of which programs are conducted for the common school age, kindergarten through secondary school program students encompassed by this section, shall be exempt from the basic skills and work skills percentage and course requirements of this section in order that the unique needs, abilities or limitations of such students may be met.

(8) Any school district may petition the state board of education for a reduction in the total program hour offering requirements for one or more of the grade level groupings specified in this section. The state board of education shall grant all such petitions that are accompanied by an assurance that the minimum total program hour offering requirements in one or more other grade level groupings will be exceeded concurrently by no less than the number of hours of the reduction)).

Sec. 204. RCW 28A.150.290 and 1990 c 33 s 111 are each amended to read as follows:

(1) The superintendent of public instruction shall have the power and duty to make such rules and regulations as are necessary for the proper administration of this chapter and RCW 28A.160.150 through 28A.160.220, 28A.300.170, and 28A.500.010 not inconsistent with the provisions thereof, and in addition to require such reports as may be necessary to carry out his or her duties under this chapter and RCW 28A.160.150 through 28A.160.220, 28A.300.170, and 28A.500.010.

(2) The superintendent of public instruction shall have the authority to make rules and regulations which establish the terms and conditions for allowing school districts to receive state basic education moneys as provided in RCW 28A.150.250 when said districts are unable to fulfill for one or more schools as officially scheduled the requirement of ((~~a full school year of one hundred eighty days or~~)) the annual average total ((~~program~~)) instructional hour offering((~~, teacher contact hour, or course mix and percentage requirements~~)) imposed by RCW 28A.150.220 and 28A.150.260 due to one or more of the following conditions:

(a) An unforeseen natural event, including, but not necessarily limited to, a fire, flood, explosion, storm, earthquake, epidemic, or volcanic eruption that has the direct or indirect effect of rendering one or more school district facilities unsafe, unhealthy, inaccessible, or inoperable; and

(b) An unforeseen mechanical failure or an unforeseen action or inaction by one or more persons, including negligence and threats, that (i) is beyond the control of both a school district board of directors and its employees and (ii) has the direct or indirect effect of rendering one or more school district facilities unsafe, unhealthy, inaccessible, or inoperable. Such actions, inactions or mechanical failures may include, but are not necessarily limited to, arson, vandalism, riots, insurrections, bomb threats, bombings, delays in the scheduled completion of construction projects, and the discontinuance or disruption of utilities such as heating, lighting and water: PROVIDED, That an unforeseen action or inaction shall not include any labor dispute between a school district board of directors and any employee of the school district.

A condition is foreseeable for the purposes of this subsection to the extent a reasonably prudent person would have anticipated prior to August first of the preceding school year that the condition probably would occur during the ensuing school year because of the occurrence of an event or a circumstance which existed during such preceding school year or a prior school year. A board of directors of a school district is deemed for the purposes of this subsection to have knowledge of events and circumstances which are a matter of common knowledge within the school district and of those events and circumstances which can be discovered upon prudent inquiry or inspection.

(3) The superintendent of public instruction shall make every effort to reduce the amount of paperwork required in administration of this chapter and RCW 28A.160.150 through 28A.160.220, 28A.300.170, and 28A.500.010; to simplify the application, monitoring and evaluation processes used; to eliminate all duplicative requests for information from local school districts; and to make every effort to integrate and standardize information requests for other state education acts and federal aid to education acts administered by the superintendent of public instruction so as to reduce paperwork requirements and duplicative information requests.

Sec. 205. RCW 28A.195.010 and 1990 c 33 s 176 are each amended to read as follows:

The legislature hereby recognizes that private schools should be subject only to those minimum state controls necessary to ((~~insure~~)) ensure the health and safety of all the students in the state and to ((~~insure~~)) ensure a sufficient basic education to meet usual graduation requirements. The state, any agency or official thereof, shall not restrict or dictate any specific educational or other programs for private schools except as hereinafter in this section provided.

Principals of private schools or superintendents of private school districts shall file each year with the state superintendent of public instruction a statement certifying that the minimum requirements hereinafter set forth are being met, noting any deviations. After review of the statement, the state superintendent will notify schools or school districts of those deviations which must be corrected. In case of major deviations, the school or school district may request and the state board of education may grant provisional status for one year in order that the school or school district may take action to meet the requirements. Minimum requirements shall be as follows:

(1) The ((~~minimum school year for~~)) total instructional ((~~purposes~~)) hour offerings shall consist of no less than ((~~one hundred eighty school days or the equivalent in~~)) the annual minimum ((~~program~~)) instructional hour offerings as prescribed in RCW 28A.150.220.

(2) ((The school day shall be the same as that required in RCW 28A.150.030 and 28A.150.220, except that the percentages of total program hour offerings as prescribed in RCW 28A.150.220 for basic skills, work skills, and optional subjects and activities shall not apply to private schools or private sectarian schools.

~~(3)~~)) All classroom teachers shall hold appropriate Washington state certification except as follows:

(a) Teachers for religious courses or courses for which no counterpart exists in public schools shall not be required to obtain a state certificate to teach those courses.

(b) In exceptional cases, people of unusual competence but without certification may teach students so long as a certified person exercises general supervision. Annual written statements shall be submitted to the office of the superintendent of public instruction reporting and explaining such circumstances.

((~~(4)~~)) (3) An approved private school may operate an extension program for parents, guardians, or persons having legal custody of a child to teach children in their custody. The extension program shall require at a minimum that:

(a) The parent, guardian, or custodian be under the supervision of an employee of the approved private school who is certified under chapter 28A.410 RCW;

(b) The planning by the certified person and the parent, guardian, or person having legal custody include objectives consistent with this subsection and subsections (1), ((~~(2)~~)) (4), (5), and (6)((~~, and (7)~~)) of this section;

(c) The certified person spend a minimum average each month of one contact hour per week with each student under his or her supervision who is enrolled in the approved private school extension program;

(d) Each student's progress be evaluated by the certified person; and

(e) The certified employee shall not supervise more than thirty students enrolled in the approved private school's extension program.

((~~(5)~~)) (4) Appropriate measures shall be taken to safeguard all permanent records against loss or damage.

((~~(6)~~)) (5) The physical facilities of the school or district shall be adequate to meet the program offered by the school or district: PROVIDED, That each school building shall meet reasonable health and fire safety requirements. A residential dwelling of the parent, guardian, or custodian shall be deemed to be an adequate physical facility when a parent, guardian, or person having legal custody is instructing his or her child under subsection ((~~(4)~~)) (3) of this section.

((~~(7)~~)) (6) Private school curriculum shall include instruction of the basic skills of occupational education, science, mathematics, language, social studies, history, health, reading, writing, spelling, and the development of appreciation of art and music, all in sufficient units for meeting state board of education graduation requirements.

((~~(8)~~)) (7) Each school or school district shall be required to maintain up-to-date policy statements related to the administration and operation of the school or school district.

All decisions of policy, philosophy, selection of books, teaching material, curriculum, except as provided in subsection ((~~(7) above provided~~)) (6) of this section, school rules and administration, or other matters not specifically referred to in this section, shall be the responsibility of the administration and administrators of the particular private school involved.

Sec. 206. RCW 28A.230.090 and 1990 1st ex.s. c 9 s 301 are each amended to read as follows:

(1) The state board of education shall establish high school graduation requirements or equivalencies for students ((~~who commence the ninth grade subsequent to July 1, 1985, that meet or exceed the following:~~

~~SUBJECT CREDITS~~

~~English 3~~

~~Mathematics 2~~

~~Social Studies~~

~~United States history~~

~~and government 1~~

~~Washington state~~

~~history and government 1/2~~

~~Contemporary world~~

~~history, geography,~~

~~and problems 1~~

~~Science (1 credit~~

~~must be in~~

~~laboratory science) 2~~

~~Occupational Education 1~~

~~Physical Education 2~~

~~Electives 5 1/2~~

~~Total 18~~

~~(2) For the purposes of this section one credit is equivalent to one year of study.~~

(3) The Washington state history and government requirement may be fulfilled by students in grades seven or eight or both. Students who have completed the Washington state history and government requirement in grades seven or eight or both shall be considered to have fulfilled the Washington state history and government requirement.

(4) A candidate for graduation must have in addition earned a minimum of 18 credits including all required courses. These credits shall consist of the state requirements listed above and such additional requirements and electives as shall be established by each district)).

((~~(5)~~)) (2) In recognition of the statutory authority of the state board of education to establish and enforce minimum high school graduation requirements, the state board shall periodically reevaluate the graduation requirements and shall report such findings to the legislature in a timely manner as determined by the state board.

((~~(6)~~)) (3) Pursuant to any foreign language requirement established by the state board of education or a local school district, or both, for purposes of high school graduation, students who receive instruction in sign language shall be considered to have satisfied the state or local school district foreign language graduation requirement.

((~~(7)~~)) (4) If requested by the student and his or her family, a student who has completed high school courses ((~~while in seventh and eighth grade~~)) before attending high school shall be given high school credit which shall be applied to fulfilling high school graduation requirements if:

(a) The course was taken with high school students and the student has successfully passed by completing the same course requirements and examinations as the high school students enrolled in the class; or

(b) The course would qualify for high school credit, because the course is similar or equivalent to a course offered at a high school in the district as determined by the school district board of directors.

((~~(8)~~)) (5) Students who have taken and successfully completed high school courses under the circumstances in subsection ((~~(7)~~)) (4) of this section shall not be required to take an additional competency examination or perform any other additional assignment to receive credit. Subsection ((~~(7)~~)) (4) of this section shall also apply to students enrolled in high school on April 11, 1990, who took the courses while they were in seventh and eighth grade.

Sec. 207. RCW 28A.230.100 and 1990 c 33 s 239 are each amended to read as follows:

The state board of education shall adopt rules pursuant to chapter 34.05 RCW, to implement the course requirements set forth ((in)) pursuant to RCW 28A.230.090. Such rules shall include, as the state board deems necessary, granting equivalencies for and temporary exemptions from the course requirements ((~~in RCW 28A.230.090 and special alterations of the course requirements in RCW 28A.230.090~~)) established. In developing such rules the state board shall recognize the relevance of instruction in work force skills through vocational education and applied courses and allow such courses to fulfill in whole or in part the courses required for graduation ((~~in RCW 28A.230.090~~)). Such rules may include provisions for competency testing in lieu of such courses required for graduation ((in)) pursuant to RCW 28A.230.090.

NEW SECTION. Sec. 208. A new section is added to chapter 28A.150 RCW to read as follows:

To implement RCW 28A.150.200 through 28A.150.295 and section 202 of this act, the superintendent of public instruction shall provide, or contract to provide, technical assistance as requested by school districts in areas including, but not limited to, curriculum development, assessment of student performance, and program evaluation.

Sec. 209. RCW 28A.150.260 and 1990 c 33 s 108 are each amended to read as follows:

The basic education allocation for each annual average full time equivalent student shall be determined in accordance with the following procedures:

(1) The governor shall and the superintendent of public instruction may recommend to the legislature a formula based on a ratio of students to staff for the distribution of a basic education allocation for each annual average full time equivalent student enrolled in a common school. The distribution formula shall have the primary objective of equalizing educational opportunities and shall provide appropriate recognition of the following costs among the various districts within the state:

(a) Certificated instructional staff and their related costs;

(b) Certificated administrative staff and their related costs;

(d) Nonsalary costs;

(e) Extraordinary costs of remote and necessary schools and small high schools, including costs of additional certificated and classified staff; and

(f) The attendance of students pursuant to RCW 28A.335.160 and 28A.225.250 who do not reside within the servicing school district.

(2)(a) This formula for distribution of basic education funds shall be reviewed biennially by the superintendent and governor. The recommended formula shall be subject to approval, amendment or rejection by the legislature. The formula shall be for allocation purposes only. While the legislature intends that the allocations for additional instructional staff be used to increase the ratio of such staff to students, nothing in this section shall require districts to reduce the number of administrative staff below existing levels.

(b) ((The formula adopted by the legislature for the 1987‑88 school year shall reflect the following ratios at a minimum: (i) Forty‑eight certificated instructional staff to one thousand annual average full time equivalent students enrolled in grades kindergarten through three; (ii) forty‑six certificated instructional staff to one thousand annual average full time equivalent students enrolled in grades four through twelve; (iii) four certificated administrative staff to one thousand annual average full time equivalent students enrolled in grades kindergarten through twelve; and (iv) sixteen and sixty‑seven one‑hundredths classified personnel to one thousand annual average full time equivalent students enrolled in grades kindergarten through twelve.

~~(c) Commencing with the 1988‑89 school year,~~)) The formula adopted by the legislature shall reflect the following ratios at a minimum: (i) Forty‑nine certificated instructional staff to one thousand annual average full time equivalent students enrolled in grades kindergarten through three; (ii) forty‑six certificated instructional staff to one thousand annual average full time equivalent students in grades four through twelve; (iii) four certificated administrative staff to one thousand annual average full time equivalent students in grades kindergarten through twelve; and (iv) sixteen and sixty‑seven one‑hundredths classified personnel to one thousand annual average full time equivalent students enrolled in grades kindergarten through twelve.

((~~(d)~~)) (c) In the event the legislature rejects the distribution formula recommended by the governor, without adopting a new distribution formula, the distribution formula for the previous school year shall remain in effect: PROVIDED, That the distribution formula developed pursuant to this section shall be for state apportionment and equalization purposes only and shall not be construed as mandating specific operational functions of local school districts other than those program requirements identified in RCW 28A.150.220 and 28A.150.100. The enrollment of any district shall be the annual average number of full time equivalent students and part time students as provided in RCW 28A.150.350, enrolled on the first school day of each month and shall exclude full time equivalent handicapped students recognized for the purposes of allocation of state funds for programs under RCW 28A.155.010 through 28A.155.100. The definition of full time equivalent student shall be determined by rules and regulations of the superintendent of public instruction: PROVIDED, That the definition shall be included as part of the superintendent's biennial budget request: PROVIDED, FURTHER, That any revision of the present definition shall not take effect until approved by the house appropriations committee and the senate ways and means committee: PROVIDED, FURTHER, That the office of financial management shall make a monthly review of the superintendent's reported full time equivalent students in the common schools in conjunction with RCW 43.62.050.

(3)(a) Certificated instructional staff shall include those persons employed by a school district who are nonsupervisory employees within the meaning of RCW 41.59.020(8): PROVIDED, That in exceptional cases, people of unusual competence but without certification may teach students so long as a certificated person exercises general supervision: PROVIDED, FURTHER, That the hiring of such noncertificated people shall not occur during a labor dispute and such noncertificated people shall not be hired to replace certificated employees during a labor dispute.

(b) Certificated administrative staff shall include all those persons who are chief executive officers, chief administrative officers, confidential employees, supervisors, principals, or assistant principals within the meaning of RCW 41.59.020(4).

(((4) Each annual average full time equivalent certificated classroom teacher's direct classroom contact hours shall average at least twenty‑five hours per week. Direct classroom contact hours shall be exclusive of time required to be spent for preparation, conferences, or any other nonclassroom instruction duties. Up to two hundred minutes per week may be deducted from the twenty‑five contact hour requirement, at the discretion of the school district board of directors, to accommodate authorized teacher/parent‑guardian conferences, recess, passing time between classes, and informal instructional activity. Implementing rules to be adopted by the state board of education pursuant to RCW 28A.150.220(6) shall provide that compliance with the direct contact hour requirement shall be based upon teachers' normally assigned weekly instructional schedules, as assigned by the district administration. Additional record‑keeping by classroom teachers as a means of accounting for contact hours shall not be required. However, upon request from the board of directors of any school district, the provisions relating to direct classroom contact hours for individual teachers in that district may be waived by the state board of education if the waiver is necessary to implement a locally approved plan for educational excellence and the waiver is limited to those individual teachers approved in the local plan for educational excellence. The state board of education shall develop criteria to evaluate the need for the waiver. Granting of the waiver shall depend upon verification that: (a) The students' classroom instructional time will not be reduced; and (b) the teacher's expertise is critical to the success of the local plan for excellence.))

Sec. 210. RCW 28A.305.140 and 1990 c 33 s 267 are each amended to read as follows:

((~~The state board of education may grant waivers to school districts from the provisions of~~)) (1) School districts shall be exempted from the self-study process requirements under RCW 28A.320.200, the student learning objective requirements under RCW 28A.320.210, the teacher classroom contact requirements under RCW 28A.150.260(4), and the minimum one hundred eighty day school year requirement and program hour offerings under RCW 28A.150.200 through 28A.150.220 ((on the basis that such waiver or waivers are necessary to implement successfully a local plan to provide for all students in the district an effective education system that is designed to enhance the educational program for each student. The local plan may include alternative ways to provide effective educational programs for students who experience difficulty with the regular education program.

~~The state board shall adopt criteria to evaluate the need for the waiver or waivers~~)) if the school district submits to the state board of education a plan for restructuring its educational program that includes:

(a) Specific standards for increased student learning that the district expects to achieve;

(b) How the district plans to achieve the higher standards, including timelines for implementation;

(d) Evidence that the board of directors, teachers, administrators, and classified employees are committed to working cooperatively in implementing the plan;

(e) Evidence that opportunities were provided for parents and citizens to be involved in the development of the plan; and

(f) Identification of the state requirements that will be waived.

(2) If a school district intends to waive the program hour offerings under RCW 28A.150.220, it shall make available to students enrolled in kindergarten at least a total instructional offering of four hundred fifty hours. The program shall include instruction in reading, arithmetic, language skills, and other subjects and activities as the school district determines to be appropriate. Each school district also shall make available to students enrolled in grades one through twelve at least a district-wide annual average total instructional hour offering of one thousand hours. Effective May 1, 1992, a school district may schedule the last thirty instructional hours of any school year for noninstructional purposes in the case of students who are graduating from high school, including, but not limited to, the observance of graduation and early release from school upon the request of a student, and all such students may be claimed as full-time equivalent students to the extent they could otherwise have been so claimed for the purposes of RCW 28A.150.250 and 28A.150.260. The state board of education may define alternatives to classroom instructional time for students in grades nine through twelve enrolled in alternative learning experiences. The state board of education shall establish rules to determine annual average instructional hours for districts having fewer than twelve grades. The program shall include, in one or more of the grades one through twelve, instruction in reading and language arts, foreign languages, mathematics, social studies, science, music, art, health, physical education, and work force skills.

(3) If a school district intends to waive the minimum one hundred eighty day school year requirement under RCW 28A.150.220, it shall make available to its students the instructional offerings under subsection (2) of this section.

NEW SECTION. Sec. 211. A new section is added to chapter 28A.230 RCW to read as follows:

(1) The Washington commission on student learning is hereby established. The objectives of the commission are to identify the essential knowledge, skills, and attitudes expected to be achieved by all students; to develop a state-wide assessment system; and to develop strategies that will assist schools in ensuring that the essential knowledge, skills, and attitudes are mastered.

(2) The governor shall appoint nine persons to the commission and shall appoint a chair from the commissioners. Of the nine persons appointed by the governor, the governor shall select at least one person representing the following groups from a list of names submitted by their appropriate state-wide organizations: Teachers, principals, school district superintendents, school board members, business, and parents. In addition, the commission shall include the superintendent of public instruction; the president of the state board of education; the chair of the higher education coordinating board; the chair of the state board for vocational education; and a representative of the state's teacher preparation programs, who shall be selected by the deans of the state's teacher preparation education programs.

(3) The commission shall establish technical advisory committees. To the maximum extent possible, members of the technical advisory committees shall include both state and local educational practitioners.

(4) The commission, with the assistance of technical advisory committees, shall:

(a) Identify what is essential for all elementary and secondary students to know and be able to do. At a minimum, these essential skills and knowledge shall include reading, writing, speaking, mathematics, and critical thinking. If deemed appropriate by the commission, these essential learnings may be expanded to include other areas, including attitudes;

(b) By June 30, 1992, develop recommendations for the repeal or amendment of federal, state, and local laws, rules, regulations, budgetary language, and other factors that inhibit schools from adopting strategies designed to ensure that students achieve the essential knowledge, skills, and attitudes;

(c) By June 30, 1992, recommend to the appropriate committees of the legislature accurate and fair indicators to measure the level of student learning occurring in schools and school districts. The commission also shall recommend steps that should be taken to assist those school districts and schools in which student learning is below expected levels of performance;

(d) By November 1, 1992, develop recommendations for eliminating or modifying college and university entrance requirements that inhibit schools from adopting strategies that are designed to ensure that students achieve the essential knowledge, skills, and attitudes;

(e) By November 1, 1993, present to the state board of education the essential learnings the commission has identified for elementary students, and a state-wide performance-based assessment system for use in the elementary grades. The assessment system shall use a variety of methodologies to determine if students have mastered the essential learnings, and shall be administered at least once in the elementary grades. The commission shall recommend how schools should use the results of the assessment. The state board of education and superintendent of public instruction shall implement the elementary assessment beginning in the 1994-95 school year. The state board of education and superintendent of public instruction may modify the assessment, as needed, in subsequent school years;

(f) By November 1, 1994, present to the state board of education the essential learnings the commission has identified for secondary students, and a state-wide performance-based assessment system for use in the secondary grades. The assessment system shall: (i) Use a variety of methodologies to determine if students have mastered the essential learnings; (ii) be administered at least once in the secondary grades; and (iii) lead to a certificate of initial mastery. The commission shall recommend to the state board of education whether the certificate should take the place of the graduation requirements, be required for graduation in addition to graduation requirements, or be an additional indicator of student learning that is not connected to graduation. The state board of education and superintendent of public instruction shall implement the secondary assessment beginning in the 1995-96 school year. The state board of education and superintendent of public instruction may modify the assessment, as needed, in subsequent school years;

(g) Identify the time, support, and resources, including technical assistance, needed by schools and school districts to ensure students achieve the essential knowledge, skills, and attitudes;

(h) Estimate for the superintendent of public instruction and governor the expected cost of implementing the assessment system during the 1993-95 biennium; and

(i) Complete other tasks, as appropriate.

(5) The commission shall seek advice broadly from the public and all interested educational organizations in the conduct of its work.

(6) The office of financial management, at the direction of the commission, shall select and contract with an educational organization to provide staff support for the commission. The office of financial management and its contractors, at the direction of the commission, also may enter into subcontracts with school districts, teachers, higher education faculty, state agencies, and other individuals and organizations to assist the commission in its deliberations. Funds also may be granted to local school districts to pilot assessment methodologies and approaches to school district restructuring.

(7) The first meeting of the commission shall be before July 15, 1991.

(8) This section and the authority for the commission shall expire on June 30, 1995.

NEW SECTION. Sec. 212. RCW 28A.230.110 and 1990 c 33 s 240 & 1985 c 384 s 4 are each repealed.

NEW SECTION. Sec. 213. The following acts or parts of acts as now existing or hereafter amended are each repealed effective September 1, 1995:

(1) RCW 28A.305.140 and 1991 c -- s 210 (section 210 of this act), 1990 c 33 s 267 & 1985 c 349 s 6; and

(2) RCW 28A.320.210 and 1990 c 33 s 334, 1988 c 256 s 1, 1987 c 505 s 9, 1986 c 137 s 1, 1984 c 278 s 3, 1977 ex.s. c 305 s 1, & 1975-'76 2nd ex.s. c 90 s 1.

NEW SECTION. Sec. 214. Section 211 of this act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and shall take effect immediately.

NEW SECTION. Sec. 215. Sections 201 through 205 and 209 of this act shall take effect September 1, 1995.

NEW SECTION. Sec. 216. If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected.

NEW SECTION. Sec. 217. If specific funding for the purposes of this act, referencing this act by bill number, is not provided by June 30, 1991, in the omnibus appropriations act, this act shall be null and void.