AN ACT Relating to
special services demonstration projects; amending RCW 28A.630.845, 28A.630.850,
28A.630.825, 28A.630.830, and 28A.630.840; repealing RCW 28A.630.851; and
declaring an emergency.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF
WASHINGTON:
Sec. 1. RCW 28A.630.845 and 1992
c 180 s 3 are each amended to read as follows:
(1) The legislature
finds that the state system of funding handicapped education has fiscal
incentives to label children as handicapped and that unnecessary labeling can
be detrimental to children. The legislature encourages demonstration projects
that provide needed services without unnecessary labeling. To test this
approach, the legislature intends to maintain the funding level for innovative
special services programs that reduce the incidence of unnecessary labeling.
(2) School districts
may propose demonstration projects under this ((section)) subsection
to provide needed services and achieve major reductions in the percentage of
district students labeled as handicapped in one or more specified categories.
State handicapped funding for districts with such projects shall be based for
the duration of the project ((and for two years after the end of the project))
on the average percentage of the kindergarten through twelfth grade enrollment
in the specified categories ((during the 1991-92 school year or, for
projects approved after April 1, 1992,)) during the school year before the
start of the project.
(3) School districts
with specific learning disabled enrollment at or above four percent of the
district's kindergarten through twelfth grade enrollment may propose
demonstration projects under this subsection to provide needed services and
reduce unnecessary labeling to below the four percent level. When the specific
learning disabled enrollment is below the four percent level, funding for the
district shall be based on four percent of the kindergarten through twelfth
grade enrollment considered as specific learning disabled, without regard to
the actual number of students so identified.
(4) Funding
under subsections (2) and (3) of this section is contingent on
the following: (a) The funding is spent on children needing special services;
and (b) the overall percentage of first through twelfth grade students in the
district labeled as handicapped declines each year of the project ((after
the 1991-92 school year)), excluding handicapped students who transfer into
the district.
(((4) School
districts with approved demonstration projects that wish to convert to a
project under this section shall by May 1, 1992, notify the selection advisory
committee and the superintendent of public instruction and propose appropriate
modifications to the project.
(5) This section
expires September 1, 1997.))
Sec. 2. RCW 28A.630.850 and 1991
c 265 s 7 are each amended to read as follows:
((Sections 1 through
5 of this act)) RCW 28A.630.820 through 28A.630.845 shall expire ((January
1, 1996)) September 1, 2001.
NEW SECTION. Sec.
3. RCW 28A.630.851 and 1992
c 180 s 4 are each repealed.
Sec. 4. RCW 28A.630.825 and 1991
c 265 s 2 are each amended to read as follows:
The superintendent of
public instruction shall:
(1) ((Make ten))
Approve fifteen to twenty-five ((awards for)) demonstration
projects in individual school districts and cooperatives, including at least
seven projects approved after the effective date of this section;
(2) Make awards for
in-service training of teachers and other staff;
(3) Provide technical
assistance;
(4) Grant waivers from
state rules needed to implement the projects, or request such waivers to be
granted by the appropriate agency;
(5) ((Contract with
school districts for demonstration projects and make contract payments in
accordance with RCW 28A.630.820 through 28A.630.840;
(6))) Perform or contract for an evaluation of the
projects;
(((7))) (6)
Confer on the evaluation design with the selection advisory committee; and
(((8))) (7)
Submit to the legislature an interim report on the evaluation by December 31,
1993, and a final report by December 31, 1995.
Sec. 5. RCW 28A.630.830 and 1991
c 265 s 3 are each amended to read as follows:
(1) The selection
advisory committee is created. The committee shall be composed of up to three
members from the house of representatives, up to three members from the senate,
up to two members from the office of the superintendent of public instruction,
and one member from each of the following: The office of financial management,
Washington state special education coalition, transitional bilingual
instruction educators, and Washington education association.
(2) The legislative
budget committee and the superintendent of public instruction shall provide
staff for the selection advisory committee.
(3) The selection
advisory committee shall:
(a) Develop appropriate
criteria for selecting demonstration projects;
(b) Issue requests for
proposals in accordance with RCW 28A.630.820 through ((28A.630.840)) 28A.630.845
for demonstration projects ((to commence during the 1991‑92 and 1992‑93
school years));
(c) Review proposals
and recommend demonstration projects for approval by the superintendent of
public instruction; and
(d) Advise the
superintendent of public instruction on the evaluation design((; and
(e) Report each year
by December 1st on the status of the demonstration projects to the legislative
budget committee and the appropriate policy and fiscal committees of the house
of representatives and the senate)).
Sec. 6. RCW 28A.630.840 and 1992
c 180 s 2 are each amended to read as follows:
(1) ((Project)) Funding
used in demonstration projects may include state, federal, and local
funds, as ((specified)) determined by the district ((in its
approved project proposal)).
(2) ((As a general
guideline, subject to refinements in the district proposal and approval by the
superintendent of public instruction, the portion of state handicapped funding
included as project funding shall be determined as follows:
(a) If the district
serves specific learning disabled students in the project, the portion of the
handicapped allocation attributed to specific learning disabled students shall
be included, with proportional adjustments if the project serves only part of
the district's specific learning disabled population;
(b) If other
handicapped students are served in the project, the portions of the handicapped
allocation attributed to those students shall be included, with proportional
adjustments if the project serves only part of the district's population in
those categories of handicapped students.
(3))) State handicapped allocations shall be
calculated for ((project)) districts with demonstration projects
according to the handicapped funding formula in use for other districts, except
for the provisions of RCW 28A.630.845 and with the following changes:
(a) ((Project)) Funding
for school districts that had pilot projects approved under section 13, chapter
233, Laws of 1989, and that were participating in projects under this section
on January 31, 1992, shall be based for the duration of a project ((under
RCW 28A.630.820 through 28A.630.840)) on four percent of the kindergarten
through twelfth grade enrollment considered as specific learning disabled,
without regard to the actual number of students so identified. The legislature
recognizes the importance of continuing and developing the pilot projects.
(b) ((School
districts with approved projects as of January 31, 1992, may receive funding in
each school year for handicapped students served in the project based on the
average percentage of the kindergarten through twelfth grade enrollment in the
particular handicapped category during the prior three years. School districts
that wish to exercise this option shall notify the selection advisory committee
and the superintendent of public instruction by May 1, 1992.
(c))) The funding percentages for districts with
demonstration projects specified in (a) of this subsection and in RCW
28A.630.845 shall be used to adjust basic education allocations under RCW
28A.150.260 and learning assistance program allocations under RCW 28A.165.070.
(((d))) (c)
State handicapped allocations ((under subsection (2) of this section))
up to the level required by federal maintenance of effort rules shall be
expended for services to handicapped students ((in the project)).
Allocations greater than the amount needed to comply with federal maintenance
of effort rules may at the option of the district be designated as
noncategorical project funds and may be expended on services to any student
served in the project.
(((4) Federal
handicapped allocations may be designated in whole or in part for project use.
(5))) (3) Learning assistance program
allocations ((may be designated in whole or in part for project use. These
allocations)) shall be calculated for ((project)) districts with
demonstration projects according to the funding formula in use for other
districts, except that any increases in the district allocation above the
fiscal year 1991 amount shall be designated as noncategorical project funds and
may be expended on services to any student served in the project.
(((6))) (4)
Transitional bilingual program allocations ((may be designated in whole or
in part for project use. These allocations)) shall be calculated for ((project))
districts with demonstration projects according to the funding formula in
use for other districts, except that any increases in the district allocation
above the fiscal year 1991 amount shall be designated as noncategorical project
funds and may be expended on services to any student served in the project.
(((7) Funding under
the federal remediation program allocations may be designated in whole or in
part for project use.
(8) Funding from
local sources may be designated for project use.
(9))) (5) Expenditures of noncategorical
project funds under subsections (((3)(d), (5), and (6))) (2)(c), (3),
and (4) of this section shall be accounted for in new and discrete program
or subprogram codes designated by the superintendent of public instruction.
The codes shall take effect by September 1, 1991.
NEW
SECTION. Sec. 7. 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.
