S-1147

AN ACT Relating to educational excellence; adding new sections to chapter 28A.630 RCW; adding new sections to chapter 28A.240 RCW; adding a new section to chapter 28A.625 RCW; adding a new section to chapter 27.04 RCW; creating new sections; making appropriations; providing an expiration date; and declaring an emergency.

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

PART I

REACH FOR EXCELLENCE GRANT PROGRAM

NEW SECTION. Sec. 101. (1) The legislature believes that attaining the state vision for excellence in education under Senate Concurrent Resolution No. 8400 will require new state-supported opportunities for schools to implement strategies to improve student learning and skills. It is the intent of the legislature to provide additional support to schools or school districts to:

(a) Encourage students, parents, teachers, principals, classified school staff, school district personnel, the school board, and other citizens to become more active partners in the learning community of their school or district;

(b) Encourage schools or districts to select and compete against goals and educational outcomes tailored to their own learning community; and

(2) It is the further intent of the legislature that what is learned from local projects under the reach for excellence grant program established under section 103 of this act shall be considered as a basis for the development of new goals, standards, and assessments for the state education system.

(3) The reach for excellence grant program shall be:

(a) Responsive to local educational concerns and desires;

(b) Educational, focusing on improving student learning and skills and encouraging the development of new measures to assess student performance;

(c) Accountable, so that projects earn reach achievement awards linked directly to progress made toward identified educational outcomes;

(d) Collaborative, with projects reflecting a partnership between students, parents, teachers, principals, and others; and

(e) Home-based, tailored to the needs of each participating school.

NEW SECTION. Sec. 102. Unless the context clearly requires otherwise, the definitions in this section apply throughout sections 103 through 114 of this act.

(1) "Educational outcomes" and "target educational outcomes" mean expected levels of student performance and achievement, including student learning objectives required under RCW 28A.320.210.

(2) "Indicators" means institutional factors that may bear a relationship to student learning and can be used to help assess students' progress toward identified educational outcomes.

(3) "Context indicators" means variables that characterize the setting in which educational programs are delivered and generally are items over which schools have little control.

(4) "Process indicators" means variables that characterize how educational programs are delivered and generally are items over which schools have some control.

(5) "Grant" means state funds provided to a district with a selected reach for excellence project for use in the planning and initial implementation of the project.

(6) "Award" or "reach achievement award" means state funds provided to a reach project for progress made toward target educational outcomes.

(7) "Superintendent" means the superintendent of public instruction.

NEW SECTION. Sec. 103. (1) From funds appropriated by the legislature, the state board of education shall establish the reach for excellence grant program to assist schools and school districts in local efforts to improve student learning and skills. Participation in the program shall be voluntary.

(2) The state board of education shall be responsible for final decisions regarding selection and funding levels of projects and for the manner in which reach achievement awards shall be distributed. Reach projects may be conducted for up to six years subject to funding and annual approval by the state board. No project may receive continued funding for additional planning or reach achievement awards without approval from the state board. The state board shall use the benchmark data for the target educational outcomes required under section 106(2)(f) of this act in annually assessing the progress made toward the target educational outcomes to determine project eligibility for annual reach achievement awards. In evaluating projects to determine their continuation the state board shall emphasize giving projects maximum flexibility and time to be successful.

(3) The superintendent shall be responsible for administration of the reach for excellence program once projects and funding levels have been determined by the state board.

(4) The state board shall establish a working committee to assist it with:

(a) The development of any additional grant application criteria;

(b) Selecting reach applicants for grant awards;

(d) Monitoring the development and use of measures of assessing student performance in addition to standardized tests, as required under section 106 of this act.

NEW SECTION. Sec. 104. (1) The superintendent shall assure that the sum total of all funds allocated for planning grants and for reach achievement awards does not exceed the amount appropriated by the legislature for the reach for excellence grant program.

(2) The superintendent shall award funds appropriated for the reach for excellence grant program to the selected projects as follows. The initial grant shall be awarded to projects for planning activities relating to implementation of the local reach project and for initial implementation of the project. Planning and initial implementation grants shall be for the 1991-92 and 1992-93 school years. These grants may be used for the following purposes:

(a) Planning;

(b) Staff development and training;

(d) Development of new measures to assess student performance; and

(e) Initial implementation of the reach project.

(3)(a) Commencing with the end of the 1993-94 school year, and each school year thereafter, projects receiving initial reach grants shall be evaluated by the state board to determine their eligibility for reach achievement awards as determined under section 103(2) of this act.

(b) School staff shall have the final authority to determine how the reach achievement awards will be used and, if applicable to the project, how much each staff member shall receive.

(4) Reach achievement awards may be used for the following purposes:

(a) Any of the purposes authorized under subsection (2) of this section;

(b) Stipends or salary and compensation increases for certificated or classified staff under RCW 28A.400.200(4). Nothing in sections 102 through 114 of this act precludes the use of reach achievement awards for providing stipends or salary and compensation increases through a compensation model characterized by differentiated levels of employment classification for certificated staff and differentiated responsibilities for each level of employment classification; or

(5) A site-based council may use planning grant funds under subsection (2) of this section for planning, staff and community development and training, and materials and supplies: PROVIDED, That these activities are related directly to the reach project.

NEW SECTION. Sec. 105. Use of reach achievement awards for the purpose of section 104(4)(b) of this act is not an increase in salary or compensation for the purposes of RCW 28A.400.200, nor may such compensation be applied to the district's salary schedule or be provided in a manner that would increase the state's basic education funding obligation.

NEW SECTION. Sec. 106. (1) Schools or school districts interested in implementing or enhancing existing local projects for educational excellence shall submit a grant application to the state board of education. All applications shall be submitted by the district's board of directors. If possible, applicants should develop their reach projects as part of the self-study process under RCW 28A.320.200, or otherwise link the proposed reach project to the self-study results of the school or district.

(2) Grant applications shall include:

(a) Documentation that at least one public hearing was held on the proposed reach project or projects. The public hearing required under this subsection, and other public hearings as may be held, may be conducted as part of the public hearings required under chapter 28A.505 RCW;

(b) Documentation that all parties are committed to work cooperatively during the term of the project;

(c) A statement indicating how the proposed reach project supports the state vision for excellence in education endorsed under Senate Concurrent Resolution No. 8400;

(d) A description of how the reach for excellence grant program funds will be expended. The expenditure plan may be included as part of the district's annual budget required under chapter 28A.505 RCW;

(e) Target educational outcomes for the selected basic academic, workplace, and life and family skills under section 107 (1) through (3) of this act. Student learning objectives required under RCW 28A.320.210 may be used for target educational outcomes if applicable for the purposes of the reach project;

(f) Benchmark data for the target educational outcomes identified for the selected skills under section 107 (1) through (3) of this act;

(g) Benchmark data for context and process indicators as provided under section 108 of this act;

(h) Identification of the evaluation and accountability procedures and activities, including potential use of context and process indicators, that may be used to: (i) Assess progress toward the target educational outcomes; (ii) evaluate additional educational benefits received by students, building staff, and parents from implementation of the reach project; and (iii) assess the overall effectiveness of the project. Applicants may use evaluation and accountability procedures and activities established under the state self-study program under RCW 28A.320.200. Applicants shall identify at least one measure of assessing student performance other than standardized testing that will be developed or used as part of the reach project. Applicants are encouraged to seek information from state higher education institutions regarding potential alternatives to standardized testing;

(i) A written statement that school directors and administrators are willing to exempt the reach project or projects from specifically identified local rules, as needed;

(j) A written statement that the school directors and the local bargaining agents will modify those portions of their local agreements as applicable for the reach project or projects;

(k) Written statements of support from the district's board of directors, the district superintendent, and the principal and staff of the school or schools requesting to implement a reach project, and statements of support, willingness to participate, or concerns from any interested persons or organizations; and

(l) Other information as may be determined necessary by the state board of education.

NEW SECTION. Sec. 107. (1) Grant applications under section 106 of this act shall include target educational outcomes for at least three of the following basic academic skill areas:

(a) Reading and writing of the English language;

(b) Speaking and listening;

(d) Studying;

(e) Reasoning and problem solving;

(f) Mathematics; and

(g) Computer competency.

(2) Grant applications under section 106 of this act shall include educational outcomes for at least two of the following workplace skill areas:

(a) Decision making;

(b) Cooperation and teamwork;

(d) Positive work habits.

(3) Grant applications under section 106 of this act shall include educational outcomes for at least two of the following life and family skill areas:

(a) Home and family life;

(b) Career planning;

(d) Responsible and ethical behavior;

(e) Concern for others;

(f) Interpersonal relationships; and

(g) The arts, performing arts, and music.

(4) Grant applications shall indicate for subsections (1) through (3) of this section the grade levels and subject matter areas in which the identified skills will be addressed.

NEW SECTION. Sec. 108. (1) If possible, grant applications under section 106 of this act should include benchmark data for the context and process indicators listed under subsections (2) and (3) of this section. However, as a condition to receiving reach for excellence program grant funds, applicants selected for the reach program shall submit to the state board of education the benchmark data for the context and process indicators listed under subsections (2) and (3) of this section.

(2) Applicants shall provide benchmark data for the following context indicators developed by the educational outcomes and measurement committee and reported to the legislature by the superintendent in 1989:

(a) The average percent of students absent from school each day;

(b) Student mobility rate;

(d) Teacher mobility rate;

(e) Administrator mobility rate;

(f) The percent of students from low-income families; and

(g) The percent of students who speak English as a second language; plus

(h) The average percent of teachers absent from school each day.

(3) Applicants shall provide benchmark data for the following process indicators developed by the educational outcomes and measurement committee and reported to the legislature by the superintendent in 1989:

(a) Student-teacher ratio;

(b) Student-counselor ratio;

(d) The average expenditure per student;

(e) The average expenditure per staff member for in-service for staff development;

(f) School accreditation status;

(g) The percent of students served by compensatory education programs;

(h) The percent of students served by chapter 1 migrant education programs;

(i) The percent of students served by special education programs; and

(j) The percent of students served by gifted-talented programs.

(4) If possible and appropriate, benchmark data required under section 106(2)(f) of this act and subsections (2) and (3) of this section shall be provided on a by-school basis. If this is not possible, the benchmark data shall be provided on a district-level basis.

NEW SECTION. Sec. 109. (1) Grant applications may be submitted jointly by two or more school districts or by an educational service district on behalf of one or more school districts. An application may include a proposal for two or more school buildings to implement jointly a reach for excellence project.

(2) Upon request from a school district, the superintendent or the educational service district shall provide the district with technical assistance to develop the grant application.

(3) Upon request from a reach for excellence project, the superintendent or the educational service district shall provide the project with technical assistance to develop a measure of assessing student performance as required under section 106(2)(h) of this act.

NEW SECTION. Sec. 110. Applicants selected for the reach for excellence grant program shall receive from the state board of education or the superintendent an automatic waiver from the statutory or regulatory requirements relating to:

(1) Teacher contact hour requirements under RCW 28A.150.260;

(2) Basic education program hours offering requirements under RCW 28A.150.200 through 28A.150.220;

(3) Student learning objectives under RCW 28A.320.210;

(4) Mandatory school building self-study under RCW 28A.320.200; and

(5) Commingling of funds appropriated by the legislature on a categorical basis for such programs as, but not limited to, highly capable students, transitional bilingual instruction, and the learning assistance program.

The waivers shall be automatically renewed subject to continued funding and approval by the state board of education under section 103 of this act.

NEW SECTION. Sec. 111. If modifications to existing local bargaining agreements are necessary to implement grant proposals, those modifications shall be clearly stated in the written agreement between the school district board of directors and the exclusive bargaining representative for district certificated instructional staff. The requirement is not necessary if a previously written agreement to waive the provisions of chapter 41.59 RCW for schools with reach projects has been reached by the same two parties.

NEW SECTION. Sec. 112. (1) Each school district shall report to the state board of education by October 1, 1993, and annually thereafter pursuant to section 114(4) of this act, the following information:

(a) The educational excellence activities supported by reach for excellence grant funds;

(b) Updated information relating to the required benchmark data;

(d) The means and the results of evaluating the target educational outcomes and additional benefits received by students, building staff, and parents from implementation of the local reach project.

(2) By December 1, 1993, and by December 1 of each subsequent even-numbered calendar year, the state board of education shall provide the legislature and the governor a report on the reach for excellence grant program. The reports shall include information on the items required under subsection (1) of this section.

(3) In the report due December 1, 1996, the state board shall:

(a) Indicate the most common basic academic, workplace, and life and family skills and accompanying target educational outcomes identified by the reach projects;

(b) Indicate the development or use of measures to assess student performance other than standardized tests;

(d) Include recommendations on the feasibility of implementing basic academic, workplace, and life and family skills, educational outcomes, and context and process indicators state-wide; and

(e) Comment on or recommend how the salary allocation schedule developed by the legislative evaluation and accountability program committee might reflect a school performance assessment model based on basic academic, workplace, and life and family skills, educational outcomes, and context and process indicators.

(4) The state board of education shall submit a final report on the reach for excellence grant program to the legislature and the governor not later than December 1, 1998.

NEW SECTION. Sec. 113. The superintendent shall provide for the sharing of information between reach projects and with schools and districts not selected or not participating in the reach for excellence grant program.

NEW SECTION. Sec. 114. (1) The state board of education and the superintendent shall adopt rules as necessary under chapter 34.05 RCW to implement sections 102 through 114 of this act. The rules shall be adopted not later than December 1, 1991.

(2) The rules shall include the following dates to govern administration of the reach for excellence grant program:

(a) Initial applications must be received by the state board of education not later than March 15, 1992;

(b) The state board of education shall evaluate the applications and select the initial projects for grants by May 31, 1992; and

(c) After planning, initial implementation of the first reach projects shall commence no later than the start of the 1993-94 school year.

(3) The state board shall establish an annual date by which subsequent applications must be submitted.

(4) The state board shall establish a date by which the annual report required under section 112(1) of this act shall be submitted.

(5) The state board shall establish an annual date by which the board shall notify each project of the amount of any eligible reach achievement award and status to continue.

NEW SECTION. Sec. 115. Sections 102 through 114 of this act are each added to chapter 28A.630 RCW.

NEW SECTION. Sec. 116. Sections 101 through 114 of this act shall expire December 31, 1998.

PART II

FOUNDATION FOR COMMUNITY DIRECTION

NEW SECTION. Sec. 201. The legislature finds that in order to achieve the goal of reforming the public schools, each citizen of the state must accept the commitment of developing our most important resource, our children. The legislature further finds that part of building this commitment includes having persons in the field of education form partnerships with other persons in the community. To build a learning community, and develop this commitment, the legislature intends:

(1) That school boards of directors, school administrators, teachers, employee unions, parents, and members of the community find new ways of working collaboratively, changing existing policies and agreements where appropriate;

(2) To encourage the creation of site-based councils, where parents, teachers, and citizens will join to make decisions for our schools; and

(3) To give school districts and schools broad discretion in establishing their site-based councils.

NEW SECTION. Sec. 202. (1) A site-based council may be established at one or more schools if the school district board of directors has adopted a policy authorizing site-based councils. The school district board of directors has final authority in establishing the parameters and areas of involvement accorded to school site-based councils.

(2) The policy adopted by a school district board of directors may include but is not limited to:

(a) Procedures for forming a site-based council and official recognition of the council by the district;

(b) Membership of the site-based council including the principal, certificated and classified staff, students in secondary schools, parents, and persons in the community. Existing organizations may be used to form the site-based council; and

(c) Designation of activities with which site-based councils may become involved, such as: Development of school improvement plans, including participation in the reach for excellence grant program established under section 103 of this act, student assessment, parent involvement, and developing community schools; and

(d) Delegation of authority to site-based councils to adopt their own bylaws and charter.

(3) Each school district board of directors deciding to adopt a policy authorizing site-based councils shall provide, by resolution, plans for attendance policies that are consistent with the requirements of any desegregation plan in order to promote stability for schools with site-based councils.

NEW SECTION. Sec. 203. If modifications to existing local bargaining agreements are necessary to implement school site-based councils, those modifications shall be clearly stated in the written agreement between the school district board of directors and the exclusive bargaining representative for district certificated instructional staff. The requirement is not necessary if a previously written agreement to waive the provisions of chapter 41.59 RCW for schools with reach projects has been reached by the same two parties.

NEW SECTION. Sec. 204. (1) Schools with site-based councils may receive funds to provide resources for restructuring their educational programs. The superintendent of public instruction shall allocate funds, as are appropriated for this purpose, to school districts to distribute to the schools with site-based councils.

(2) School districts shall submit reports about the plans and use of funds to the superintendent of public instruction. The superintendent of public instruction may transmit information to other schools and school districts through the state clearinghouse for educational information and assistance.

(3) The superintendent of public instruction may provide technical assistance under this section to any school or school district establishing or using a site-based council.

NEW SECTION. Sec. 205. Sections 201 through 204 of this act are each added to chapter 28A.240 RCW.

PART III

FOUNDATION FOR BUSINESS-SCHOOL PARTNERSHIPS

NEW SECTION. Sec. 301. A new section is added to chapter 28A.625 RCW to read as follows:

(1) Employers are encouraged to provide release time to employees to perform or participate in school activities.

(2) The superintendent of public instruction shall establish an annual award program to recognize employers who support education by providing employees release time to perform or participate in school activities.

(3) The superintendent shall recognize annually:

(a) An employer with fewer than twenty-five employees;

(b) An employer with more than twenty-five employees but fewer than fifty employees;

(d) An employer with more than one hundred employees but fewer than five hundred employees; and

(e) An employer with more than five hundred employees.

(4) The recognized employers shall receive a certificate presented by the governor and the superintendent of public instruction, or their designated representatives, at a public ceremony or ceremonies in appropriate locations.

PART IV

FOUNDATIONS FOR STRONG SCHOOLS THROUGHOUT THE STATE--

STATE-LEVEL ASSISTANCE AND INFORMATION SHARING

NEW SECTION. Sec. 401. A new section is added to chapter 27.04 RCW to read as follows:

(1) Expanding activity in educational research and local school district educational restructuring efforts continue to provide much valuable information. The legislature finds that such information should be shared as widely and consistently as possible with the citizens and educational community of the state to promote the replication of innovative educational programs and other developments.

(2) To facilitate access to information and materials on education, and in addition to other responsibilities established under RCW 27.04.045, the Washington state library commission shall work with the Washington media library association, school libraries, and regional public libraries to assist teachers and other educators to acquire in a timely manner information about educational resources and research. In carrying out this responsibility, the commission is encouraged to:

(a) Examine how teachers and other educators presently acquire information about in-state educational research and development efforts, as well as descriptions of exemplary, model, and innovative programs;

(b) Examine how this information is used by teachers and other educators; and

(3) The commission shall work with the groups under subsection (2) of this section to facilitate communication among educators within school buildings, between schools, between school and educational service districts, and between state agencies and districts.

PART V

COMPENSATION IMPROVEMENT PLAN

NEW SECTION. Sec. 501. (1) The legislature recognizes that staff motivation, skills, and continued professional development are fundamental keys to improvement in student learning. The legislature believes it shares in the public obligation to foster and sustain a professional educational environment that has, but is not limited to, the following characteristics:

(a) Attracts individuals to the teaching profession; and

(b) Provides certificated staff with compensation that takes into account job performance but is also commensurate with public expectations for both educational employees and the public education system.

(2) The legislature finds that accountability and compensation are critical variables affecting the success of the education system. To foster educational excellence efforts in Washington, it is the intent of the legislature to provide and maintain a level of compensation for educational employees that is:

(a) Commensurate with public expectations;

(b) Comparable to other professions requiring similar educational experience; and

NEW SECTION. Sec. 502. (1) The superintendent of public instruction, in consultation with teachers, classified employees, administrators, school directors, business, labor, parents, and legislators shall conduct a study of compensation for educational employees in Washington. The study shall include, but is not limited to, a review of the relationship between compensation for educational employees and:

(a) Salaries paid:

(i) In other professions requiring comparable educational experience and preparation; and

(ii) To teachers, administrators, and classified employees in other states;

(b) The in-service training act of 1977, RCW 28A.415.030 and 28A.415.040;

(c) In-service and staff development opportunities sponsored by school districts, educational service districts, or other providers of in-service and staff development programs;

(d) The provisions of RCW 28A.215.020 that allow credit on the salary schedule developed by the legislative evaluation and accountability program committee for approved in-service and continuing education;

(e) The state board of education's continuing education requirement for certificated instructional staff with continuing certificates;

(f) The length of the school year for contracted certificated and classified employees;

(g) The teacher assistance program under RCW 28A.405.450;

(h) The self-study program under RCW 28A.320.200;

(i) The schools for the twenty-first century program under RCW 28A.630.100 through 28A.630.290;

(j) The evaluation of certificated employees under RCW 28A.405.100;

(k) State board of education teacher assignment and certificate endorsement policies;

(l) Certification requirements under chapter 28A.410 RCW;

(m) The Washington award for excellence in education program under RCW 28A.625.020 through 28A.625.070, and particularly the Christa McAuliffe award under that program under RCW 28A.625.030;

(n) Local education program enhancement funds; and

(o) The results of the studies by the state board of education on internships and alternative classification.

(2) A review of the relationship between staffing and compensation levels for certificated and classified positions.

(3) Based on the results of the study findings, the superintendent shall submit to the legislature and the governor not later than December 1, 1991, a plan to bring educational employees' salaries to a level that places Washington in the top ten states by the beginning of the 1997-98 school year.

PART VI

COMPENSATION MAINTENANCE PLAN

NEW SECTION. Sec. 601. The superintendent of public instruction, in consultation with teachers, classified employees, administrators, school directors, business, labor, parents, and legislators shall study and recommend to the legislature and the governor not later than December 1, 1991, a plan to maintain salaries for educational employees in Washington at the levels to be established under section 502(2) of this act. The plan may include the use of peer states or peer professions.

PART VII

MISCELLANEOUS

NEW SECTION. Sec. 701. Part headings as used in this act constitute no part of the law.

NEW SECTION. Sec. 702. (1) The sum of thirty-four million dollars, or as much thereof as may be necessary, is appropriated for the biennium ending June 30, 1993, from the general fund to the superintendent of public instruction for the purposes of sections 101 through 114 of this act.

(2) Not more than one and one-half percent of the appropriation under subsection (1) of this section shall be expended by the superintendent for administrative activities related to implementing sections 101 through 114 of this act.

NEW SECTION. Sec. 703. The sum of thirty-five thousand dollars, or as much thereof as may be necessary, is appropriated for the biennium ending June 30, 1993, from the general fund to the superintendent of public instruction for the purposes of sections 502 and 601 of this act.

NEW SECTION. Sec. 704. The sum of sixty-five thousand dollars, or as much thereof as may be necessary, is appropriated for the biennium ending June 30, 1993, from the general fund to the state library commission for the purposes of section 401 of this act.

NEW SECTION. Sec. 705. If any provision of this act or its application to any person or circumstances 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. 706. 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.