SENATE BILL 5851
State of Washington 52nd Legislature 1991 Regular Session
By Senators McDonald, Anderson, Cantu, Owen, McCaslin, Craswell, L. Smith and Thorsness.
Read first time February 26, 1991. Referred to Committee on Education.
AN ACT Relating to quality schools; amending RCW 28A.605.020, 28A.230.190, 28A.230.230, 28A.230.240, 28A.410.030, 28A.400.200, 28A.150.040, 41.59.020, and 41.56.030; adding new sections to chapter 28A.230 RCW; adding a new section to chapter 28A.410 RCW; adding new chapters to Title 28A RCW; creating new sections; and providing an effective date.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
NEW SECTION. Sec. 1. LEGISLATIVE INTENT. The legislature recognizes that the public education system, as the foundation of our society, faces critical issues that reflect the public's increasing concern regarding the effectiveness and accountability of our public schools. These issues can best be addressed by (1) establishing the rights and responsibilities of parents to knowledgeably participate in the education of their children, (2) measuring and reporting student achievement in a manner that encourages public accountability, (3) increasing public confidence in the professional competence of our teachers by assessing instructional skills, and (4) ensuring that teachers who demonstrate exemplary effectiveness are provided financial rewards that are among the highest in the nation. In doing so, the legislature reaffirms its constitutional mandate to provide, as its paramount duty, for the education of the children of the state.
PARENTS' BILL OF RIGHTS AND RESPONSIBILITIES
NEW SECTION. Sec. 101. INTENT--DEFINITION. The legislature finds that parents have the primary responsibility for the welfare of their children. The successful education of these children is the product of a responsive and rigorous educational system that depends on the participation of informed and concerned parents and citizens. To this end, RCW 28A.605.020 and sections 102 and 104 of this act are intended to define certain rights of parents to be informed of, and participate in, the education of their children.
"Parents" as used in this chapter, includes one or both parents and any legal guardian.
NEW SECTION. Sec. 102. RIGHT TO PARTICIPATE IN STUDENT LEARNING. Parents have the right to know what their child is being taught and are encouraged to participate in their child's education.
(1) A school district shall encourage parental involvement by making available for inspection by parents any educational or other program of the district and all instructional materials relating thereto, including teacher manuals, textbooks, films, tapes, and supplementary material.
(2) Innovation and education reform should be encouraged in public schools. To that end, parents and the community at large should be encouraged to participate in the development and implementation of experimental or pilot education programs. Prior to implementation of any new programs, the school district shall consult and communicate with the parents regarding the proposed program.
(3) No child may be placed in an experimental or pilot program in a school district without prior written notification to the parent. The notification shall include a detailed description of the program. The parents may elect not to have their child participate in the program. As used in this section, "experimental" or "pilot program" is any program designed to explore or develop new or unproven teaching methods or techniques.
(4) A school district shall not perform psychological testing of a student without the written permission of the parents.
Sec. 103. RCW 28A.605.020 and 1979 ex.s. c 250 s 8 are each amended to read as follows:
school district board of directors shall, ((
after following established
procedure)) in cooperation with teacher and parent organizations,
adopt a policy assuring parents access to their child's classroom and/or school
sponsored activities for purposes of observing class procedure, teaching
material, and class conduct: PROVIDED, That such observation shall not disrupt
the classroom procedure or learning activity. The policy adopted under this
section is not subject to collective bargaining. The right of parents to visit
their child's classroom, as established under this section, is in addition to
any parent/teacher conferences offered by the school district.
NEW SECTION. Sec. 104. SCHOOL DISTRICT ANNUAL REPORT. (1) By December 31st of each year, the superintendent of each school district in the state shall publish a report to be distributed to the board of directors of the district and each parent in the district. The report shall specify, with respect to student achievement, the standing of the district and the schools of the district, relative to the other districts and schools in the state and nation. To the extent possible, the relative standing of the schools shall be stated in terms of national and state-wide standardized achievement test scores, including the assessments and tests administered pursuant to chapter 28A.230 RCW; the rate of drop-outs and absenteeism; the graduation rate; and any measurements of the performance of the district's students in colleges and universities. To the extent data are available, the report shall also compare the performance data for the district from prior years.
The report shall also describe the academic environment of the district's schools, including curriculum content, teacher turnover rate, and any innovative programs undertaken by the district.
(2) To facilitate the report required by this section, and to ensure uniform methodology, format, and comparability of data among school districts, the college of education of the University of Washington, in consultation with the superintendent of public instruction, shall:
(a) Establish a uniform methodology and format to be followed by school districts in calculating and compiling the data and publishing the report required by this section;
(b) Collect from school districts the data required under subsection (1) of this section; and
(c) Distribute to each school district of the state the local, state-wide, and national data required under subsection (1) of this section.
The superintendent of public instruction, educational service districts, and the school districts of the state shall cooperate with, and submit requested data to, the college of education of the University of Washington.
NEW SECTION. Sec. 105. Sections 101, 102, and 104 of this act shall constitute a new chapter in Title 28A RCW.
PERFORMANCE-BASED TEACHER COMPENSATION
NEW SECTION. Sec. 201. DEFINITIONS. The definitions in this section apply throughout this chapter.
(1) "Teacher" means a certificated instructional staff person employed in a public school in this state. The term includes persons holding an alternative teaching certificate under section 501 of this act.
(2) "Certificated staff" means teachers and certificated administrative staff.
(3) "School building" means a discrete school operated by a school district.
NEW SECTION. Sec. 202. PERFORMANCE-BASED SALARY INCREASES--ALLOCATION OF FUNDS. The superintendent of public instruction shall allocate to school districts funds to effectuate a voluntary system of performance-based salary increases for the teachers and certificated administrative staff of the state. In any given school year, one-third of the funds appropriated by the legislature for salary increases to be initiated in that school year shall be allocated solely for the voluntary performance-based salary increase program. In each school building, a majority vote by the certificated staff of the building is required to participate in the program.
The funds provided for performance-based salary increases under this section shall be allocated by the superintendent of public instruction to each school building in the state in the same manner as other teacher compensation funds are allocated to the state's school districts. If, pursuant to this section, a school building does not participate in the voluntary performance-based salary increase program, the funds for that building shall not be allocated by the superintendent of public instruction and shall remain unspent.
NEW SECTION. Sec. 203. PERFORMANCE PAY PLAN--COMMITTEE TO BE ESTABLISHED IN SCHOOL BUILDING. The voluntary performance-based salary increases under section 202 of this act shall be implemented in each participating school building in accordance with a performance pay plan adopted by a committee established in each school building as provided in this section.
(1) The committee shall consist of no more than eleven members, who shall be appointed by the school principal except as otherwise provided in this section.
(2) A majority of the committee members shall be either parents of students in the school building or representatives of the community served by the school. These members shall not have a financial or professional interest in the performance pay plan.
(3) The remainder of the committee shall consist of teachers and certificated administrators employed in the school building and shall include the principal of the school. At least one member of the committee shall be a teacher, who shall be elected by the teachers employed in the school building. A teacher who is employed in more than one school building may serve on no more than one committee under this section. With the exception of the school principal, no person may serve move than three consecutive years on the committee.
NEW SECTION. Sec. 204. PERFORMANCE PAY PLAN--CONTENTS. (1) The committee established under section 203 of this act shall be appointed by January 1 of each year and shall develop and adopt a performance pay plan by May 30 that shall be used to determine the certificated staff in the school building who will receive performance-based salary increases during the following school year and the amount of the increases. The performance pay plan shall be implemented at the school building level and shall identify the person or persons who will implement the plan. The plan shall provide for annual written evaluation of each certificated staff based on the criteria established by the plan.
It is the intent of the legislature that the performance pay plan should reward those educators whose performance is exemplary and is not intended to result in across-the-board salary increases for all certificated staff in the school building. However, under unusual circumstances, the committee, by a vote of at least three-fourths of its members, may adopt a performance pay plan that results in uniform across-the-board salary increases.
(2) The plan shall include at least the following criteria by which the performance-based salary increases are to be awarded:
(a) Demonstration of improved competency of students leaving grades four, eight, eleven, and twelve in the subject matters of reading, writing, mathematics, science, history, and geography. The improved competency shall be measured by the assessments and tests administered under chapter 28A.230 RCW;
(b) Development of lesson plans with understandable student learning objectives that provide for measurement of student achievement against those objectives, and evaluation of improved student achievement resulting from the plans;
(c) Demonstration of staff competency in theory and content of assigned subject matter, as well as principles and methods of instruction;
(d) Maintenance of a clearly understood grading procedure that is administered fairly and consistently, and is directly related to student learning objective improvement;
(e) Demonstration of increased student motivation, self-direction, and self-discipline;
(f) Demonstration of communication skills for improvement in parent/staff relationships that effectively contribute to improved student performance; and
(g) Decreasing rates of student absenteeism and, in the case of high school buildings, demonstration of an increased graduation rate for students. The plan shall include a methodology for calculating the graduation rate that reflects the rate of student drop-outs as well as student transfers into and out of the school.
(3) In developing the performance pay plan, the committee shall seek input from appropriate groups, including parents, teachers, administrators, students, and the public. Prior to adoption of the plan, the committee shall present the plan in a public hearing with prior public notice.
(4) The superintendent of the school district shall develop the performance pay plan, consistent with this section, for those certificated staff who are not employed primarily in one school building.
NEW SECTION. Sec. 205. Sections 201 through 204 of this act shall constitute a new chapter in Title 28A RCW.
STUDENT ACHIEVEMENT TESTS
Sec. 301. RCW 28A.230.190 and 1990 c 101 s 6 are each amended to read as follows:
(1) Every school district is encouraged to test pupils in grade two by an assessment device designed or selected by the school district. This test shall be used to help teachers in identifying those pupils in need of assistance in the skills of reading, writing, mathematics, and language arts. The test results are not to be compiled by the superintendent of public instruction, but are only to be used by the local school district.
(2) The superintendent of public instruction shall prepare and conduct, with the assistance of school districts, a standardized achievement test to be given annually to all pupils in grade four. The test shall assess students' skill in reading, mathematics, writing, science, history, geography, and language arts and shall focus upon appropriate input variables. Results of such tests shall be compiled by the superintendent of public instruction, who shall make those results available annually to the legislature, to all local school districts and subsequently to parents of those children tested. The results shall allow parents to ascertain the achievement levels and input variables of their children as compared with the other students within the district, the state and, if applicable, the nation.
(3) The superintendent of public instruction shall report annually to the legislature on the achievement levels of students in grade four.
Sec. 302. RCW 28A.230.230 and 1990 c 101 s 2 are each amended to read as follows:
The superintendent of public instruction shall prepare and conduct, with the assistance of school districts, an annual assessment of all students in the eighth grade. The purposes of the assessment are to assist students, parents, and teachers in the planning and selection of appropriate high school courses for students and to provide information about students' current academic proficiencies both in the basic skills of reading, writing, science, mathematics, economics, history, geography, and language, and in the reasoning and thinking skills essential for successful entry into those courses required for high school graduation. The assessment shall also include the collection of information about students' interests and plans for high school and beyond and may include the collection of other related student and school information. The superintendent of public instruction shall make the results of the assessment available to all school districts which shall in turn make them available to students, parents, and teachers in a timely fashion and in a manner consistent with the purposes of RCW 28A.230.220 through 28A.230.260.
Sec. 303. RCW 28A.230.240 and 1990 c 101 s 3 are each amended to read as follows:
The superintendent of public instruction shall prepare and conduct, with the assistance of local school districts, an annual assessment of all students in the eleventh grade beginning with the 1991-92 school year. The purposes of the assessment are to provide achievement and guidance information to students, parents, and teachers that will assist in reviewing students' current performance and planning effectively for their initial years beyond high school. The achievement measures shall assess students' strengths and deficiencies in the broad content areas common to the high school curriculum and those thinking and reasoning skills essential for completing high school graduation requirements and for success beyond high school. The assessment shall include measurements of the students' skills in reading, writing, mathematics, language, history, geography, economics, and science and technology. The assessment shall also collect information about students' career interests and plans and other related student and school information including students' high school course selection patterns, course credits, and grades. The superintendent of public instruction shall make the results of the assessment available to all local school districts which shall in turn make them available to students, parents, and teachers in a timely fashion and in a manner consistent with the purposes of RCW 28A.230.220 through 28A.230.260. No grade ten students shall be tested in the fall of 1990 and the funds already appropriated for such testing shall be used for the planning and preliminary development work necessary to implement RCW 28A.230.220 through 28A.230.260.
NEW SECTION. Sec. 304. A new section is added to chapter 28A.230 RCW to read as follows:
The superintendent of public instruction shall prepare and conduct, with the assistance of local school districts, a standardized achievement test to be given annually to all students in grade twelve. The purpose of the test is to determine the competence of students in the subject matters of reading, writing, mathematics, language, science and technology, economics, history, geography, and reasoning and thinking skills.
NEW SECTION. Sec. 305. A new section is added to chapter 28A.230 RCW to read as follows:
(1) The superintendent of public instruction shall establish standards by which successful completion of the achievement assessments and tests under this chapter are to be measured. In preparing the assessments, tests, and standards, the superintendent of public instruction shall consider the special needs of students in special programs such as the handicapped and bilingual education programs. Each school district shall notify the parents of each student of their child's performance on the assessments and tests conducted under this chapter relative to the other students of the district and the standards established by the superintendent of public instruction under this section.
(2) A school district shall not advance a student beyond the fourth, eighth, or eleventh grade without the student having successfully completed the respective assessment or test under this chapter unless the school district determines that the educational interests of the student are best served by advancement to the next grade. In making this determination, the school district shall consult with the parents of the student. If the parents desire that the student not be advanced, the school district shall not advance the student.
(3) After October 1, 1997, no student may graduate from a high school in this state unless the student has successfully completed the test conducted under section 304 of this act.
(4) If a student fails to successfully complete a test or assessment under this chapter, the school district shall offer additional educational opportunities to prepare the student to successfully retake all or part of the test or assessment. Such educational opportunities may include learning assistance programs, tutoring, summer school, or after-school classes.
(5) Each school district shall establish an administrative process, including an appeal to the district superintendent, by which parents may appeal decisions of the school district under this section.
EXAMINATION OF CANDIDATES FOR TEACHER CERTIFICATION
Sec. 401. RCW 28A.410.030 and 1987 c 525 s 203 are each amended to read as follows:
The state board of education shall require a uniform state exit examination or examinations for teacher certification candidates.
August 31, 1993, teacher certification candidates completing a teacher
preparation program or an alternative certificate preservice training
program shall be required to pass an exit examination before being granted
an initial certificate. The examination shall test knowledge and competence in
the subjects ((
including, but not limited to,)) covered by the
assessments and achievement tests conducted under RCW 28A.230.190, 28A.230.230,
28A.230.240, and section 304 of this 1991 act. The examination may also test
instructional skills, classroom management, and student behavior and
development. (( The examination shall consist primarily of essay questions.))
In appropriate instances, the examination may test knowledge and competence
in the particular subject matter to be taught by the teacher. The state
board of education shall adopt such rules as may be necessary to implement this
ALTERNATIVE TEACHER CERTIFICATION
NEW SECTION. Sec. 501. A new section is added to chapter 28A.410 RCW to read as follows:
ALTERNATIVE TEACHER CERTIFICATION--ELIGIBILITY--PRESERVICE AND INSERVICE TRAINING. (1) By January 1, 1992, the state board of education shall adopt rules under chapter 34.05 RCW establishing standards and procedures for alternative teacher certification. In developing the standards, the board shall emphasize maximum flexibility and local control by school districts in the training, employment, supervision, and evaluation of teachers with alternative certificates. The standards shall include but are not limited to standards for eligibility, preservice training, inservice training, supervision, and evaluation.
(2) The eligibility standards for persons to receive an alternative certificate require that the person:
(a) Hold a baccalaureate degree in the arts, sciences, or humanities from an accredited college or university;
(b) Have completed a minimum number of years, as determined by the state board of education, of occupational experience that contributes to the person's effectiveness as a teacher; and
(c) Complete a background check by the Washington state patrol under RCW 28A.410.010.
(3) The preservice training standards shall require completion of a program in professional education knowledge and skills developed jointly by at least one school district and one institution of higher education operating a state-approved teacher preparation program. The preservice training program shall consist of no more than fifteen quarter credit hours and, in the case of a state institution of higher education, shall be operated on a self-supporting basis. Upon successful completion of the program, the state board of education shall issue an initial alternative certificate to the teacher.
(4) The inservice training standards shall include but are not limited to:
(a) Assignment of a mentor teacher to the alternative certificate teacher pursuant to the teacher assistance program under RCW 28A.405.450;
(b) Participation by the alternative certificate teacher in the teacher assistance program; and
(c) Local provision of necessary assistance and reasonable planning and study time for the alternative certificate teacher, including preservice planning.
(5) Upon completion of the inservice training program, the state board of education shall issue an alternative certificate to the teacher.
Sec. 601. RCW 28A.400.200 and 1987 1st ex.s. c 2 s 205 are each amended to read as follows:
(1) Every school district board of directors shall fix, alter, allow, and order paid salaries and compensation for all district employees in conformance with this section.
(2)(a) Salaries for certificated instructional staff shall not be less than the salary provided in the appropriations act in the state-wide salary allocation schedule for an employee with a baccalaureate degree and zero years of service; and
(b) Salaries for certificated instructional staff with a masters degree shall not be less than the salary provided in the appropriations act in the state-wide salary allocation schedule for an employee with a masters degree and zero years of service;
(3)(a) The actual average salary paid to basic education certificated instructional staff shall not exceed the district's average basic education certificated instructional staff salary used for the state basic education allocations for that school year as determined pursuant to RCW 28A.150.410.
(b) Fringe benefit contributions for basic education certificated instructional staff shall be included as salary under (a) of this subsection to the extent that the district's actual average benefit contribution exceeds the greater of: (i) The formula amount for insurance benefits provided per certificated instructional staff unit in the state operating appropriations act in effect at the time the compensation is payable; or (ii) the actual average amount provided by the school district in the 1986-87 school year. For purposes of this section, fringe benefits shall not include payment for unused leave for illness or injury under RCW 28A.400.210, or employer contributions for old age survivors insurance, workers' compensation, unemployment compensation, and retirement benefits under the Washington state retirement system.
(c) Salary and benefits for certificated instructional staff in programs other than basic education shall be consistent with the salary and benefits paid to certificated instructional staff in the basic education program.
Salaries and benefits for certificated instructional staff may exceed the
limitations in subsection (3) of this section only by separate contract for
,)) or additional responsibilities(( , or
incentives)). Supplemental contracts shall not cause the state to incur
any present or future funding obligation. Supplemental contracts shall be
subject to the collective bargaining provisions of chapter 41.59 RCW and the
provisions of RCW 28A.405.240, shall not exceed one year, and if not renewed
shall not constitute adverse change in accordance with RCW 28A.405.300 through
28A.405.380. No district may enter into a supplemental contract under this
subsection for the provision of services which are a part of the basic
education program required by Article IX, section 3 of the state Constitution.
(5) Funds allocated under chapter 28A.--- RCW (sections 201 through 204 of this 1991 act) shall be used to implement performance-based salary increases pursuant to section 204 of this 1991 act.
Sec. 701. RCW 28A.150.040 and 1990 c 33 s 101 are each amended to read as follows:
(1) The school year shall begin on the first day of September and end with the last day of August: PROVIDED, That any school district may elect to commence the minimum annual school term as required under RCW 28A.150.220 in the month of August of any calendar year and in such case the operation of a school district for such period in August shall be credited by the superintendent of public instruction to the succeeding school year for the purpose of the allocation and distribution of state funds for the support of such school district.
(2) By May 30 of each year, the board of directors of each school district shall, following a public hearing, establish the schedule of days for students to attend school during the succeeding school year. The days so designated shall be employee work days and shall not be subject to collective bargaining. However, employee work days beyond those scheduled for student attendance may be a subject of collective bargaining.
Sec. 702. RCW 41.59.020 and 1989 c 11 s 11 are each amended to read as follows:
As used in this chapter:
(1) The term "employee organization" means any organization, union, association, agency, committee, council, or group of any kind in which employees participate, and which exists for the purpose, in whole or in part, of collective bargaining with employers.
(2) The term "collective bargaining" or "bargaining" means the performance of the mutual obligation of the representatives of the employer and the exclusive bargaining representative to meet at reasonable times in light of the time limitations of the budget-making process, and to bargain in good faith in an effort to reach agreement with respect to the wages, hours, and terms and conditions of employment: PROVIDED, That prior law, practice or interpretation shall be neither restrictive, expansive, nor determinative with respect to the scope of bargaining. A written contract incorporating any agreements reached shall be executed if requested by either party. The obligation to bargain does not compel either party to agree to a proposal or to make a concession.
In the event of a dispute between an employer and an exclusive bargaining representative over the matters that are terms and conditions of employment, the commission shall decide which item(s) are mandatory subjects for bargaining and which item(s) are nonmandatory. The following shall not be a subject of collective bargaining: (a) The school district's policy assuring parental access to the classroom under RCW 28A.605.020; (b) performance pay plans adopted under section 204 of this 1991 act; and (c) the schedule of days for students to attend school, as established by the school district board of directors under RCW 28A.150.040.
(3) The term "commission" means the public employment relations commission established by RCW 41.58.010.
(4) The terms "employee" and "educational employee" means any certificated employee of a school district, except:
(a) The chief executive officer of the employer.
(b) The chief administrative officers of the employer, which shall mean the superintendent of the district, deputy superintendents, administrative assistants to the superintendent, assistant superintendents, and business manager. Title variation from all positions enumerated in this subsection (b) may be appealed to the commission for determination of inclusion in, or exclusion from, the term "educational employee".
(c) Confidential employees, which shall mean:
(i) Any person who participates directly on behalf of an employer in the formulation of labor relations policy, the preparation for or conduct of collective bargaining, or the administration of collective bargaining agreements, except that the role of such person is not merely routine or clerical in nature but calls for the consistent exercise of independent judgment; and
(ii) Any person who assists and acts in a confidential capacity to such person.
(d) Unless included within a bargaining unit pursuant to RCW 41.59.080, any supervisor, which means any employee having authority, in the interest of an employer, to hire, assign, promote, transfer, layoff, recall, suspend, discipline, or discharge other employees, or to adjust their grievances, or to recommend effectively such action, if in connection with the foregoing the exercise of such authority is not merely routine or clerical in nature but calls for the consistent exercise of independent judgment, and shall not include any persons solely by reason of their membership on a faculty tenure or other governance committee or body. The term "supervisor" shall include only those employees who perform a preponderance of the above-specified acts of authority.
(e) Unless included within a bargaining unit pursuant to RCW 41.59.080, principals and assistant principals in school districts.
(5) The term "employer" means any school district.
(6) The term "exclusive bargaining representative" means any employee organization which has:
(a) Been selected or designated pursuant to the provisions of this chapter as the representative of the employees in an appropriate collective bargaining unit; or
(b) Prior to January 1, 1976, been recognized under a predecessor statute as the representative of the employees in an appropriate collective bargaining or negotiations unit.
(7) The term "person" means one or more individuals, organizations, unions, associations, partnerships, corporations, boards, committees, commissions, agencies, or other entities, or their representatives.
(8) The term "nonsupervisory employee" means all educational employees other than principals, assistant principals and supervisors.
Sec. 703. RCW 41.56.030 and 1989 c 275 s 2 are each amended to read as follows:
As used in this chapter:
(1) "Public employer" means any officer, board, commission, council, or other person or body acting on behalf of any public body governed by this chapter as designated by RCW 41.56.020, or any subdivision of such public body. For the purposes of this section, the public employer of district court employees for wage-related matters is the respective county legislative authority, or person or body acting on behalf of the legislative authority, and the public employer for nonwage-related matters is the judge or judge's designee of the respective district court.
(2) "Public employee" means any employee of a public employer except any person (a) elected by popular vote, or (b) appointed to office pursuant to statute, ordinance or resolution for a specified term of office by the executive head or body of the public employer, or (c) whose duties as deputy, administrative assistant or secretary necessarily imply a confidential relationship to the executive head or body of the applicable bargaining unit, or any person elected by popular vote or appointed to office pursuant to statute, ordinance or resolution for a specified term of office by the executive head or body of the public employer, or (d) who is a personal assistant to a district judge or court commissioner. For the purpose of (d) of this subsection, no more than one assistant for each judge or commissioner may be excluded from a bargaining unit.
(3) "Bargaining representative" means any lawful organization which has as one of its primary purposes the representation of employees in their employment relations with employers.
(4) "Collective bargaining" means the performance of the mutual obligations of the public employer and the exclusive bargaining representative to meet at reasonable times, to confer and negotiate in good faith, and to execute a written agreement with respect to grievance procedures and collective negotiations on personnel matters, including wages, hours and working conditions, which may be peculiar to an appropriate bargaining unit of such public employer, except that by such obligation neither party shall be compelled to agree to a proposal or be required to make a concession unless otherwise provided in this chapter. In the case of the Washington state patrol, "collective bargaining" shall not include wages and wage-related matters. In the case of employees of school districts, "collective bargaining" does not include: (a) The schedule of days for students to attend school, as established by the school district board of directors under RCW 28A.150.040; or (b) the school district's policy assuring parental access to the classroom under RCW 28A.605.020.
(5) "Commission" means the public employment relations commission.
(6) "Executive director" means the executive director of the commission.
(7) "Uniformed personnel" means (a) law enforcement officers as defined in RCW 41.26.030 as now or hereafter amended, of cities with a population of fifteen thousand or more or law enforcement officers employed by the governing body of any county of the second class or larger, or (b) fire fighters as that term is defined in RCW 41.26.030, as now or hereafter amended.
NEW SECTION. Sec. 801. SHORT TITLE. This act may be known and cited as the quality schools act.
NEW SECTION. Sec. 802. 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. 803. EFFECTIVE DATE. Section 305 of this act shall take effect October 1, 1993.