[atlas:bill]

AN ACT Relating to fiscal accountability through educational restructuring; amending RCW 28A.150.080, 28A.150.230, 28A.150.260, 28A.315.005, 28A.400.010, 28A.400.030, 28A.400.100, and 28A.400.200; reenacting and amending RCW 28A.330.100; adding new sections to chapter 28A.320 RCW; adding a new section to chapter 28A.150 RCW; and providing an effective date.

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

NEW SECTION. Sec. 1. A new section is added to chapter 28A.320 RCW to read as follows:

The definitions in this section apply throughout this title.

(1) "Administrative employees" or "administrative staff" includes but is not limited to: Chief executive officers; chief administrative officers; business officers; the directors of human resources, facilities, transportation, and education; confidential employees; and supervisors within the definition in RCW 41.59.020(4). Principals and vice-principals are not included in this definition.

(a) Administrative employees are persons who have been employed by a county school administrative cooperative to perform administrative functions for one or more school districts under the jurisdiction of the county school administrative cooperative.

(b) Administrative employees do not include employees of educational service districts.

(2) "Assistant superintendent" means a person who has been employed by a county school administrative cooperative to assist the superintendent hired by the cooperative and is not an assistant superintendent of an educational service district or of the office of the superintendent of public instruction.

(3) "County school administrative cooperative" or "cooperative" means an organization governed by one school director from each school district that is entirely contained within the boundaries of a county and of each school district that has a majority of its school buildings located within that county. Each school district board of directors shall determine the manner in which the director is selected.

(4) "Superintendent" means a person who:

(a) Is the chief executive officer for every school district that is entirely contained within the boundaries of a county and for every school district that has a majority of its school buildings located within that county;

(b) Has been employed by a county school administrative cooperative; and

(c) Is not the superintendent of public instruction or the superintendent of an educational service district or the superintendent of a school district that fully funds all costs for school administrative personnel out of nonstate funds.

(5) The definitions in this section do not apply to administrative personnel of any school district that fully funds all costs for school administrative personnel out of nonstate funds.

NEW SECTION. Sec. 2. A new section is added to chapter 28A.320 RCW to read as follows:

The duties of a county school administrative cooperative include but are not limited to:

(1) The employment of a superintendent, one or more assistant superintendents, and one or more administrative employees or administrative staff, who shall be hired by a majority vote of the county school administrative cooperative directors and who shall provide or supervise all administrative functions for every school district under the jurisdiction of the county school administrative cooperative;

(2) The employment, in consultation with the applicable school district, of certificated instructional staff, classified staff, and any other necessary employees for each school district under the jurisdiction of the county school administrative cooperative;

(3) The provision of all administrative functions for every school district within the jurisdiction of the county school administrative cooperative;

(4) The requirement of the officers or employees of each school district under the jurisdiction of the county school administrative cooperative to give a bond for the honest performance of their duties in such penal sum as may be fixed by the cooperative with good and sufficient surety, and to cause the premium for all bonds required of all such officers or employees to be paid by the district. The cooperative may, by written policy, allow that such bonds include a deductible proviso not to exceed two percent of the officer's or employee's annual salary.

NEW SECTION. Sec. 3. A new section is added to chapter 28A.150 RCW to read as follows:

Administrative employees and administrative staff are not included in the definition or funding of basic education. Funding levels for the number and compensation levels of administrative employees are entirely at the discretion of the legislature.

Sec. 4. RCW 28A.150.080 and 1969 ex.s. c 223 s 28A.01.100 are each amended to read as follows:

"Superintendent of the school district", if there be no such superintendent, shall mean such other administrative or certificated employee as the county school ((~~district board of directors~~)) administrative cooperative shall so designate.

Sec. 5. RCW 28A.150.230 and 1994 c 245 s 9 are each amended to read as follows:

(1) It is the intent and purpose of this section to guarantee that each common school district board of directors((~~, whether or not acting through its respective administrative staff,~~)) be held accountable for the proper operation of their district to the local community and its electorate. In accordance with the provisions of Title 28A RCW, as now or hereafter amended, each common school district board of directors shall be vested with the final responsibility for the setting of policies ensuring quality in the content and extent of its educational program and that such program provide students with the opportunity to achieve those skills which are generally recognized as requisite to learning.

(2) In conformance with the provisions of Title 28A RCW, as now or hereafter amended, it shall be the responsibility of each common school district board of directors to adopt policies to:

(a) Establish performance criteria and an evaluation process for its certificated personnel((~~, including administrative staff,~~)) and for all programs constituting a part of such district's curriculum;

(b) Determine the final assignment of staff, certificated or classified, according to board enumerated classroom and program needs;

(c) Determine the amount of instructional hours necessary for any student to acquire a quality education in such district, in not less than an amount otherwise required in RCW 28A.150.220, or rules ((~~and regulations~~)) of the state board of education;

(d) Determine the allocation of staff time, whether certificated or classified;

(e) Establish final curriculum standards consistent with law and rules ((~~and regulations~~)) of the state board of education, relevant to the particular needs of district students or the unusual characteristics of the district, and ensuring a quality education for each student in the district; and

(f) Evaluate teaching materials, including text books, teaching aids, handouts, or other printed material, in public hearing upon complaint by parents, guardians or custodians of students who consider dissemination of such material to students objectionable.

Sec. 6. RCW 28A.150.260 and 1997 c 13 s 2 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, which shall include principals and vice-principals, and their related costs;

(b) ((~~Certificated administrative staff and their related costs;~~

~~(c)~~)) Classified staff and their related costs;

((~~(d)~~)) (c) Nonsalary costs;

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

((~~(f)~~)) (e) 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 shall reflect the following ratios at a minimum: (i) Forty-nine certificated instructional staff, which shall include principals and vice-principals, 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; and (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.

(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 students with disabilities 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 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 principals and vice-principals shall be included in the definition and 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 classified people shall not occur during a labor dispute and such classified 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).))

Sec. 7. RCW 28A.315.005 and 1999 c 315 s 1 are each amended to read as follows:

(1) Under the constitutional framework and the laws of the state of Washington, the governance structure for the state's public common school system is comprised of the following bodies: The legislature, the governor, the superintendent of public instruction, the state board of education, the educational service district boards of directors, the county school administrative cooperatives, and local school district boards of directors. The respective policy and administrative roles of each body are determined by the state Constitution and statutes.

(2) Local school districts are political subdivisions of the state and the organization of such districts, including the powers, duties, and boundaries thereof, may be altered or abolished by laws of the state of Washington.

Sec. 8. RCW 28A.330.100 and 1995 c 335 s 503 and 1995 c 77 s 22 are each reenacted and amended to read as follows:

Every board of directors of a school district of the first class, in addition to the general powers for directors enumerated in this title, shall have the power:

(1) ((~~To employ for a term of not exceeding three years a superintendent of schools of the district, and for cause to dismiss him or her; and to fix his or her duties and compensation.~~

~~(2) To employ, and for cause dismiss one or more assistant superintendents and to define their duties and fix their compensation.~~

(3) To employ a business manager, attorneys, architects, inspectors of construction, superintendents of buildings and a superintendent of supplies, all of whom shall serve at the board's pleasure, and to prescribe their duties and fix their compensation.

~~(4) To employ, and for cause dismiss, supervisors of instruction and to define their duties and fix their compensation.~~

~~(5)~~)) To prescribe a course of study and a program of exercises which shall be consistent with the course of study prepared by the state board of education for the use of the common schools of this state.

((~~(6)~~)) (2) To, in addition to the minimum requirements imposed by this title establish and maintain such grades and departments, including night, high, kindergarten, vocational training and, except as otherwise provided by law, industrial schools, and schools and departments for the education and training of any class or classes of youth with disabilities, as in the judgment of the board, best shall promote the interests of education in the district.

((~~(7)~~)) (3) To determine the length of time over and above one hundred eighty days that school shall be maintained: PROVIDED, That for purposes of apportionment no district shall be credited with more than one hundred and eighty-three days' attendance in any school year; and to fix the time for annual opening and closing of schools and for the daily dismissal of pupils before the regular time for closing schools.

((~~(8)~~)) (4) To maintain a shop and repair department, and to employ, and for cause dismiss, a foreman and the necessary help for the maintenance and conduct thereof.

((~~(9)~~)) (5) To provide free textbooks and supplies for all children attending school.

(((10) To require of the officers or employees of the district to give a bond for the honest performance of their duties in such penal sum as may be fixed by the board with good and sufficient surety, and to cause the premium for all bonds required of all such officers or employees to be paid by the district: PROVIDED, That the board may, by written policy, allow that such bonds may include a deductible proviso not to exceed two percent of the officer's or employee's annual salary.

~~(11)~~)) (6) To prohibit all secret fraternities and sororities among the students in any of the schools of the said districts.

((~~(12)~~)) (7) To ((~~appoint~~)) recommend to the county school administrative cooperative the appointment of a practicing physician, resident of the school district, who shall be known as the school district medical inspector, and whose duty it shall be to decide for the board of directors all questions of sanitation and health affecting the safety and welfare of the public schools of the district who shall serve at the ((~~board's~~)) cooperative's pleasure: PROVIDED, That children shall not be required to submit to vaccination against the will of their parents or guardian.

(8) To hire such instructional, classified, and administrative employees as the district deems appropriate if the district fully funds all costs associated with administrative employees from nonstate sources.

Sec. 9. RCW 28A.400.010 and 1990 c 33 s 376 are each amended to read as follows:

((In)) For all school districts under its jurisdiction, the ((~~board of directors~~)) county school administrative cooperative shall elect ((a)) one superintendent who shall have such qualifications as the ((~~local school board~~)) county school administrative cooperative alone shall determine. The superintendent shall have supervision over the several departments of the schools thereof and carry out such other powers and duties as prescribed by law. Notwithstanding the provisions of RCW 28A.400.300(1), the ((~~board~~)) county school administrative cooperative may contract with such superintendent for a term not to exceed three years when deemed in the best interest of the districts under the jurisdiction of the county school administrative cooperative. The right to renew a contract of employment with any school superintendent shall rest solely with the discretion of the ((~~school board~~)) county school administrative cooperative employing such school superintendent. Regarding such renewal of contracts of school superintendents the provisions of RCW 28A.405.210, 28A.405.240, and 28A.645.010 shall be inapplicable.

Sec. 10. RCW 28A.400.030 and 1991 c 116 s 14 are each amended to read as follows:

In addition to such other duties as a ((~~district school board~~)) county school administrative cooperative shall prescribe, the ((~~school district~~)) superintendent or the superintendent's designee shall:

(1) Attend all meetings of the board of directors of each school district under the jurisdiction of the county school administrative cooperative and cause to have made a record as to the proceedings thereof.

(2) Keep such records and reports and in such form as the district board of directors require or as otherwise required by law or rule or regulation of higher administrative agencies and turn the same over to his or her successor.

(3) Keep accurate and detailed accounts of all receipts and expenditures of school money. At each annual school meeting the superintendent must present his or her record book of board proceedings for public inspection, and shall make a statement of the financial condition of the district and such record book must always be open for public inspection.

(4) Give such notice of all annual or special elections as otherwise required by law; also give notice of the regular and special meetings of the board of directors.

(5) Sign all orders for warrants ordered to be issued by the board of directors.

(6) Carry out all orders of the board of directors made at any regular or special meeting.

Sec. 11. RCW 28A.400.100 and 1977 ex.s. c 272 s 1 are each amended to read as follows:

((~~School districts~~)) County school administrative cooperatives, in consultation with each school district under the jurisdiction of the cooperative, may employ public school principals and/or vice principals to supervise the operation and management of the school to which they are assigned. Such persons shall hold valid teacher and administrative certificates. In addition to such other duties as shall be prescribed by law and by the job description adopted by the county school administrative cooperative, in consultation with the school district board of directors, each principal shall:

(1) Assume administrative authority, responsibility and instructional leadership, under the supervision of the ((~~school district~~)) superintendent, and in accordance with the policies of the school district board of directors, for the planning, management, supervision and evaluation of the educational program of the attendance area for which he or she is responsible.

(2) Submit recommendations to the ((~~school district~~)) superintendent regarding appointment, assignment, promotion, transfer and dismissal of all personnel assigned to the attendance area for which he or she is responsible.

(3) Submit recommendations to the ((~~school district~~)) superintendent regarding the fiscal needs to maintain and improve the instructional program of the attendance area for which he or she is responsible.

(4) Assume administrative authority and responsibility for the supervision, counseling and discipline of pupils in the attendance area for which he or she is responsible.

Sec. 12. RCW 28A.400.200 and 1997 c 141 s 2 are each amended to read as follows:

(1) Every county school administrative cooperative, in consultation with the 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 statewide 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 statewide 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 and special education certificated instructional staff shall not exceed the district's average basic education and special education program 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 and special education certificated instructional staff shall be included as salary under (a) of this subsection only to the extent that the district's actual average benefit contribution exceeds the amount of the insurance benefits allocation provided per certificated instructional staff unit in the state operating appropriations act in effect at the time the compensation is payable. For purposes of this section, fringe benefits shall not include payment for unused leave for illness or injury under RCW 28A.400.210; employer contributions for old age survivors insurance, workers' compensation, unemployment compensation, and retirement benefits under the Washington state retirement system; or employer contributions for health benefits in excess of the insurance benefits allocation provided per certificated instructional staff unit in the state operating appropriations act in effect at the time the compensation is payable. A school district may not use state funds to provide employer contributions for such excess health benefits.

(c) Salary and benefits for certificated instructional staff in programs other than basic education and special education shall be consistent with the salary and benefits paid to certificated instructional staff in the basic education and special education programs.

(4) Salaries and benefits for certificated instructional staff may exceed the limitations in subsection (3) of this section only by separate contract for additional time, 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) Employee benefit plans offered by any district shall comply with RCW 28A.400.350 and 28A.400.275 and 28A.400.280.

NEW SECTION. Sec. 13. 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. 14. This act takes effect July 1, 2002.