3127-S AMH SANT REAM 103
SHB 3127 - H AMD 920
By Representative Santos
ADOPTED AS AMENDED 2/14/2006
Strike all language after the enacting clause and insert the following:
"NEW SECTION. Sec. 1. The legislature finds that expanding
activity in educational research, educational restructuring, and
educational improvement initiatives has produced and continues to
produce much valuable information. The legislature finds that such
information should be shared with the citizens and educational
community of the state as widely as possible. The legislature
further finds that students and schools benefit from increased
parental, guardian, and community knowledge of and input regarding
the delivery of public education. The legislature further finds
that increased knowledge of and input regarding the public
education system is particularly needed in low-income and ethnic
minority communities.
The legislature finds that the center for the improvement of
student learning, created by the legislature in 1993 under the
auspices of the superintendent of public instruction, has not been
allocated funding since the 2001-2003 biennium, and in effect no
longer exists. It is the intent of the legislature to reactivate
the center for the improvement of student learning, and to create
an educational ombudsman to serve as a resource for parents and
students and as an advocate for students in the public education system.
Sec. 2. RCW 28A.300.130 and 1999 c 388 s 401 are each amended
to read as follows:
(1) ((Expanding activity in educational research, educational
restructuring, and educational improvement initiatives has produced
and continues to produce much valuable information. The legislature
finds that such information should be shared with the citizens and
educational community of the state as widely as possible.)) To
facilitate access to information and materials on educational
improvement and research, the superintendent of public instruction,
to the extent funds are appropriated, shall establish the center
for the improvement of student learning. The primary purpose of
the center is to provide assistance and advice to parents, school
board members, educators, and the public regarding strategies for
assisting students in learning the essential academic learning
requirements pursuant to RCW 28A.630.885)). The center shall work
in conjunction with ((the academic achievement and accountability
commission)) parents, educational service districts, institutions
of higher education, and education, parent, community, and business
organizations.
(2) The center, in conjunction with other staff in the office
of the superintendent of public instruction, shall:
(a) ((Serve as a clearinghouse for the completed work and
activities of the academic achievement and accountability
commission;
(b))) Serve as a clearinghouse for information regarding
successful educational improvement and parental involvement
programs in schools and districts, and information about efforts
within institutions of higher education in the state to support
educational improvement initiatives in Washington schools and districts;
(c)(b) Provide best practices research ((and advice ))that can
be used to help schools develop and implement: Programs and
practices to improve instruction ((of the essential academic
learning requirements under section 701 of this act)); systems to
analyze student assessment data, with an emphasis on systems that
will combine the use of state and local data to monitor the
academic progress of each and every student in the school district;
comprehensive, school-wide improvement plans; school-based shared
decision-making models; programs to promote lifelong learning and
community involvement in education; school-to-work transition
programs; programs to meet the needs of highly capable students;
programs and practices to meet the diverse needs of students based
on gender, racial, ethnic, economic, and special needs status;
research, information, and technology systems; and other programs
and practices that will assist educators in helping students learn
the essential academic learning requirements;
(((d) Develop ((and distribute, in conjunction with the
academic achievement and accountability commission,)) parental
involvement materials, including instructional guides developed to
inform parents of the essential academic learning requirements
required by the superintendent of public instruction. The
instructional guides also shall contain actions parents may take to
assist their children in meeting the requirements, and should focus
on reaching parents who have not previously been involved with
their children's education;
(e) Identify obstacles to greater parent and community involvement
in school shared decision-making processes and recommend strategies
for helping parents and community members to participate
effectively in school shared decision-making processes, including
understanding and respecting the roles of school building
administrators and staff;
(f))) (c) Develop and maintain an internet web site to increase
the availability of information, research, and other materials;
(((g) Take other actions to increase public awareness of the
importance of parental and community involvement in education;
(h))) (d) Work with appropriate organizations to inform
teachers, district and school administrators, and school directors
about the waivers available and the broadened school board powers
under RCW 28A.320.015;
(i) (e) Provide training and consultation services, including
conducting regional summer institutes;
(j) Address methods for improving the success rates of certain
ethnic and racial student groups))(f) Identify strategies for
improving the success rates of ethnic and racial student groups
with disproportionate academic achievement; and
(k) (g) Perform other functions consistent with the purpose of
the center as prescribed in subsection (1) of this section.
(3) The superintendent of public instruction((, after
consultation with the academic achievement and accountability
commission,))shall select and employ a director for the center.
(4) The superintendent may enter into contracts with
individuals or organizations including but not limited to: School
districts; educational service districts; educational
organizations; teachers; higher education faculty; institutions of
higher education; state agencies; business or community-based
organizations; and other individuals and organizations to
accomplish the duties and responsibilities of the center. In
carrying out the duties and responsibilities of the center, the
superintendent, whenever possible, shall use practitioners to
assist agency staff as well as assist educators and others in
schools and districts.
(5) The office of the superintendent of public instruction
shall report to the legislature by September 1, 2007, and
thereafter biennially, regarding the effectiveness of the center
for improvement of student learning, how the services provided by
the center for improvement of student learning have been used and
by whom, and recommendations to improve the accessibility and
application of knowledge and information that leads to improved
student learning and greater family and community involvement in
the public education system.
NEW SECTION. Sec. 3. (1) The state board of education shall
establish an education ombudsman for all common school students in
this state. The purpose of the education ombudsman is to provide
information to parents, students, and others regarding their rights
and responsibilities with respect to the state's public elementary
and secondary education system, to monitor and ensure compliance
with administrative acts, statutes, and policies relating to public
elementary and secondary education, and to advocate on behalf of
elementary and secondary students.
(2) (a) The state board of education, in consultation with the advisory committee established in section 10 of this act, shall conduct a request for proposals process and select the entity that will operate the education ombudsman's program. Entities eligible to apply for selection include, but are not limited:
(i) Education service districts;
(ii) Private, non-profit educational organizations;
(iii) Private, non-profit community-based organizations; and
(iv) Federally recognized Indian tribes.
(b) Entities not eligible to serve as the education ombudsman are school districts, schools, or the superintendent of public instruction, or any employee of a school district, school, or the superintendent of public instruction.
(3) The state board of education shall enter into a contract with the entity selected pursuant to this section to establish and operate the education ombudsman's program. The term of any contract between the state board of education and the entity selected shall not be greater than two years and may be renewed for terms of no longer than two years. Upon receiving notification of selection, the entity selected shall promptly retain a qualified director for the education ombudsman's program.
(4) The education ombudsman shall contract with educational
service districts, non-profit education or community organizations,
or federally recognized tribes to provide education ombudsman
services throughout the state. The education ombudsman shall
delegate and certify regional education ombudsmen. The education
ombudsman shall ensure that the regional ombudsmen selected are
appropriate to the community in which they serve. The education
ombudsman may not contract with a the superintendent of public
instruction, or any school, school district, or current employee of
a school, school district, or the office of the superintendent of
public instruction for the provision of regional ombudsman services.
NEW SECTION. Sec. 4. The education ombudsman shall have the
following powers and duties:
(1) To develop parental involvement materials, including
instructional guides developed to inform parents of the essential
academic learning requirements required by the superintendent of
public instruction. The instructional guides also shall contain
actions parents may take to assist their children in meeting the
requirements, and should focus on reaching parents who have not
previously been involved with their children's education;
(2) To provide information to students, parents, and interested members of the public regarding this state's public elementary and secondary education system;
(3) To identify obstacles to greater parent and community involvement in school shared decision-making processes and recommend strategies for helping parents and community members to participate effectively in school shared decision-making processes, including understanding and respecting the roles of school building administrators and staff;
(4) To identify and recommend strategies for improving the
success rates of ethnic and racial student groups with
disproportionate academic achievement;
(5) To investigate, upon the education ombudsman's initiative
or upon receipt of a complaint, an administrative act alleged to be
contrary to law, rule, or policy; however, the education ombudsman
may decline to investigate any complaint;
(6) To refer complainants and others to appropriate resources,
agencies, or departments;
(7) To assist in the resolution of complaints made by parents
and students with regard to the state's public elementary and
secondary education system; and
(8) To perform such other functions consistent with the purpose
of the education ombudsman.
NEW SECTION. Sec. 5. (1) The education ombudsman and any
regional education ombudsmen shall have training or experience or
both in the following areas:
(a) Public education law and policy in this state;
(b) Dispute resolution or problem resolution techniques,
including investigation, mediation, and negotiation; and
(c) Community outreach.
(2) The education ombudsman may not be an employee of any
school district, the office of the superintendent of public
education or the state board of education while serving as an
education ombudsman.
NEW SECTION. Sec. 6. (1) Neither the education ombudsman nor
any regional educational ombudsmen are liable for good faith
performance of responsibilities under this chapter.
(2) No discriminatory, disciplinary, or retaliatory action may
be taken against any student or employee of any school district,
the office of the superintendent of public education, or the state
board of education, for any communication made, or information
given or disclosed, to aid the education ombudsman in carrying out
his or her duties and responsibilities, unless the same was done
without good faith or maliciously. This subsection is not intended
to infringe upon the rights of a school district to supervise,
discipline, or terminate an employee for other reasons or to
discipline a student for other reasons.
(3) All communications by the education ombudsman or the
ombudsman's staff or designee, if reasonably related to the
education ombudsman's duties and responsibilities and done in good
faith, are privileged and that privilege shall serve as a defense
to any action in libel or slander.
NEW SECTION. Sec. 7. The education ombudsman shall treat all
matters under investigation, including the identities of students,
complainants, and individuals from whom information is acquired, as
confidential, except as necessary to enable the education ombudsman
to perform the duties of the office and to support any
recommendations resulting from the investigation. Upon receipt of
information that by law is confidential or privileged, the
ombudsman shall maintain the confidentiality of such information
and shall not further disclose or disseminate the information
except as provided by applicable state or federal law.
Investigative records of the education ombudsman are confidential
and are exempt from public disclosure under chapter 42.56 RCW.
NEW SECTION. Sec. 8. When the education ombudsman or a
designee of the ombudsman has reasonable cause to believe that any
public official, employee, or other person has acted in a manner
warranting criminal or disciplinary proceedings, he or she shall
report the matter, or cause a report to be made, to the appropriate
authorities. For purposes of this section, reasonable cause means
the ombudsman or the ombudsman's staff member or designee has
direct knowledge of the action warranting criminal or disciplinary
proceedings or has determined through an investigation that the
allegations or information provided by another person relating to
such actions are credible. A school district's use of information
gained from the education ombudsman regarding district staff
misconduct shall be subject to the district's policies regarding
confidentiality and discipline.
NEW SECTION. Sec. 9. (1) The education ombudsman account is
hereby established in the custody of the state treasurer. The
director of the state board of education shall deposit in the
account all moneys received from gifts, grants, or endowments for
the education ombudsman. Moneys in the account may be spent only
for activities of the education ombudsman. Disbursements from the
account shall be on authorization of the director of the state
board of education or the director's designee. The account is
subject to the allotment procedure provided under chapter 43.88
RCW, but no appropriation is required for disbursements.
(2) The director of the state board of education may receive
such gifts, grants, and endowments from public or private sources
as may be made from time to time, in trust or otherwise, for the
use and benefit of the purposes of the education ombudsman and
expend the same or any income therefrom according to the terms of
the gifts, grants, or endowments.
NEW SECTION. Sec. 10. (1) The governor shall establish an
education advisory committee consisting of at least eleven and no
more than fifteen members. The superintendent of public education,
or his or her designee, shall serve as a nonvoting ex officio
member of the committee and shall act as secretary.
(2) At least five members of the committee shall be parents or
guardians of children enrolled in the public elementary or
secondary education system in this state. At least one of these
members shall be a parent or guardian of a "special education
student" as that term is defined by the superintendent of public
instruction. In addition, at least one of these members shall be a
member of the Washington Congress of Parents and Teachers.
(3) At least one member shall be a certificated employee or
administrator in a public elementary or secondary school in this state.
(4) At least one member shall be a commissioner or director, or
a designee selected by a commissioner or director, from each of the
following:
(a) The Washington state commission on Hispanic affairs;
(b) The Washington state commission on African-American affairs;
(c) The Washington state commission on Asian Pacific American
affairs; and
(d) The governor's office of Indian affairs.
(5) The members of the education advisory committee shall be
representative of the geographic regions of the state, as well as
representative of the ethnic diversity of the state.
(6) Members of the committee shall serve at the pleasure of the
governor for three-year terms. Of the initial members appointed,
two members shall serve one-year terms, three members shall serve
two-year terms, and the remaining members shall serve three-year terms.
(7) The committee may establish subcommittees as it desires,
and may invite nonmembers to serve on these subcommittees.
(8) Nonlegislative members of the committee shall be reimbursed
for travel expenses under RCW 43.03.050 and 43.03.060.
(9) As used in this section, "parent or guardian" means (a)
natural, adoptive, or foster parents, (b) guardians, (c)
individuals acting in the place of a parent, with whom the child
lives, and who are legally responsible for the child's welfare, and
(d) surrogates acting at the request of a person named in
subsections (a) through (c) of this subsection (9).
NEW SECTION. Sec. 11. The education advisory committee shall
advise and make recommendations to the legislature, the governor,
and the state board of education biennially. The education
advisory committee shall provide a preliminary report to the
legislature, the governor, and the state board of education by
September 1, 2007. Thereafter, the education advisory committee
shall provide biennial reports to the legislature and the state
board of education regarding:
(a) How the education ombudsman's services have been used and by whom;
(b) Methods for the education ombudsman to increase and enhance family and community involvement in public education;
(c) Recommendations to eliminate barriers and obstacles to meaningful family and community involvement in public education; and
(d) Strategies to improve the educational opportunities for all
students in the state.
Sec. 12. RCW 42.56.240 and 2005 c 274 s 404 are each amended
to read as follows:
The following investigative, law enforcement, and crime victim
information is exempt from public inspection and copying under this
chapter:
(1) Specific intelligence information and specific
investigative records compiled by investigative, law enforcement,
and penology agencies, and state agencies vested with the
responsibility to discipline members of any profession, the
nondisclosure of which is essential to effective law enforcement or
for the protection of any person's right to privacy;
(2) Information revealing the identity of persons who are
witnesses to or victims of crime or who file complaints with
investigative, law enforcement, or penology agencies, other than
the commission, if disclosure would endanger any person's life,
physical safety, or property. If at the time a complaint is filed
the complainant, victim, or witness indicates a desire for
disclosure or nondisclosure, such desire shall govern. However, all
complaints filed with the commission about any elected official or
candidate for public office must be made in writing and signed by
the complainant under oath;
(3) Any records of investigative reports prepared by any state,
county, municipal, or other law enforcement agency pertaining to
sex offenses contained in chapter 9A.44 RCW or sexually violent
offenses as defined in RCW 71.09.020, which have been transferred
to the Washington association of sheriffs and police chiefs for
permanent electronic retention and retrieval pursuant to RCW 40.14.070(2)(b);
(4) License applications under RCW 9.41.070; copies of license
applications or information on the applications may be released to
law enforcement or corrections agencies; ((and))
(5) Information revealing the identity of child victims of
sexual assault who are under age eighteen. Identifying information
means the child victim's name, address, location, photograph, and
in cases in which the child victim is a relative or stepchild of
the alleged perpetrator, identification of the relationship between
the child and the alleged perpetrator; and
(6) Investigative records of the education ombudsman, as
provided in section 7 of this act.
NEW SECTION. Sec. 13. Sections 3 through 11, inclusive, of
this act are each added to chapter 28A.310 RCW.
NEW SECTION. Sec. 14. Section 12 of this act takes effect July
1, 2006."
EFFECT: Removes all language from the bill. The center for improvement of student learning is reactivated within the office of the superintendent of public instruction. The state board of education will, through the request for proposals process, select and contract with an independent entity to establish and operate the education ombudsman program. The governor will appoint members to the education advisory committee. The committee will report to the legislature, governor, and state board of education regarding the education ombudsman.