BILL REQ. #:  S-1359.1 



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SENATE BILL 5890
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State of Washington61st Legislature2009 Regular Session

By Senators McDermott, McAuliffe, Oemig, and Hobbs

Read first time 02/05/09.   Referred to Committee on Early Learning & K-12 Education.



     AN ACT Relating to flexibility in the education system; amending RCW 28A.155.065, 28A.155.070, 28A.155.070, 28A.185.030, 28A.215.010, 28A.220.020, 28A.220.030, 28A.225.225, 28A.225.270, 28A.230.070, 28A.230.080, 28A.230.130, 28A.230.130, 28A.230.158, 28A.230.160, 28A.230.205, 28A.300.115, 28A.300.160, 28A.300.405, 28A.300.410, 28A.300.455, 28A.320.125, and 28A.320.128; repealing RCW 28A.230.040, 28A.230.050, 28A.230.150, 28A.300.185, 28A.300.280, and 28A.320.185; providing an effective date; providing expiration dates; and declaring an emergency.

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

Sec. 1   RCW 28A.155.065 and 2007 c 115 s 7 are each amended to read as follows:
     (1) By September 1, ((2009)) 2011, each school district shall provide or contract for early intervention services to all eligible children with disabilities from birth to three years of age. Eligibility shall be determined according to Part C of the federal individuals with disabilities education improvement act or other applicable federal and state laws, and as specified in the Washington Administrative Code adopted by the state lead agency. School districts shall provide or contract for early intervention services in partnership with local birth-to-three lead agencies and birth-to-three providers. Services provided under this section shall not supplant services or funding currently provided in the state for early intervention services to eligible children with disabilities from birth to three years of age. The state-designated birth-to-three lead agency shall be payor of last resort for birth-to-three early intervention services provided under this section.
     (2) The services in this section are not part of the state's program of basic education pursuant to Article IX of the state Constitution.

Sec. 2   RCW 28A.155.070 and 2007 c 115 s 8 are each amended to read as follows:
     (1) Special educational programs provided by the state and the school districts thereof for students with disabilities may be extended to include students of preschool age. School districts which extend such special programs to children of preschool age shall be entitled to the regular apportionments from state and county school funds, as provided by law, and in addition to allocations from state excess cost funds made available for such special services for those children with disabilities who are given such special services.
     (2) This section is suspended until September 1, 2009.

Sec. 3   RCW 28A.155.070 and 2007 c 115 s 9 are each amended to read as follows:
     (1) Special educational programs provided by the state and the school districts thereof for students with disabilities shall be extended to include students of preschool age. School districts shall be entitled to the regular apportionments from state and county school funds, as provided by law, and in addition to allocations from state excess cost funds made available for such special services for those students with disabilities who are given such special services.
     (2) This section is suspended until July 1, 2011.

Sec. 4   RCW 28A.185.030 and 1984 c 278 s 13 are each amended to read as follows:
     Local school districts may establish and operate, either separately or jointly, programs for highly capable students. Such authority shall include the right to employ and pay special instructors and to operate such programs jointly with a public institution of higher education. Local school districts which establish and operate programs for highly capable students shall adopt identification procedures and provide educational opportunities as follows, to the extent funds are available:
     (1) In accordance with rules ((and regulations)) adopted by the superintendent of public instruction, school districts shall implement procedures for nomination, assessment and selection of their most highly capable students. Nominations shall be based upon data from teachers, other staff, parents, students, and members of the community. Assessment shall be based upon a review of each student's capability as shown by multiple criteria intended to reveal, from a wide variety of sources and data, each student's unique needs and capabilities. Selection shall be made by a broadly based committee of professionals, after consideration of the results of the multiple criteria assessment.
     (2) Students selected pursuant to procedures outlined in this section shall be provided, to the extent feasible, an educational opportunity which takes into account each student's unique needs and capabilities and the limits of the resources and program options available to the district, including those options which can be developed or provided by using funds allocated by the superintendent of public instruction for that purpose.

Sec. 5   RCW 28A.215.010 and 2006 c 263 s 410 are each amended to read as follows:
     The board of directors of any school district shall have the power to establish and maintain preschools and to provide before-and-after-school and vacation care in connection with the common schools of said district located at such points as the board shall deem most suitable for the convenience of the public, for the care and instruction of infants and children residing in said district. The board shall establish such courses, activities, and rules((, and regulations)) governing preschools and before-and-after-school care as it may deem best: PROVIDED, That these courses and activities ((shall)) are encouraged to meet the minimum standard for such preschools as established by the United States department of health, education and welfare, or its successor agency, and the superintendent of public instruction. Except as otherwise provided by state or federal law, the board of directors may fix a reasonable charge for the care and instruction of children attending such schools. The board may, if necessary, supplement such funds as are received for the superintendent of public instruction or any agency of the federal government, by an appropriation from the general school fund of the district.

Sec. 6   RCW 28A.220.020 and 1990 c 33 s 218 are each amended to read as follows:
     The following words and phrases whenever used in chapter 28A.220 RCW shall have the following meaning:
     (1) "Superintendent" or "state superintendent" shall mean the superintendent of public instruction.
     (2) "Traffic safety education course" ((shall mean an accredited course of instruction in traffic safety education which shall consist of two phases, classroom instruction, and laboratory experience. "Laboratory experience" shall include on-street, driving range, or simulator experience or some combination thereof. Each phase shall meet basic course requirements which shall be established by the superintendent of public instruction and each part of said course shall be taught by a qualified teacher of traffic safety education. Any portions of the course may be taught after regular school hours or on Saturdays as well as on regular school days or as a summer school course, at the option of the local school districts.)) includes any course of instruction in traffic safety education approved by the local school district.
     (3) "Qualified teacher of traffic safety education" shall mean an instructor certificated under the provisions of chapter 28A.410 RCW and certificated by the superintendent of public instruction to teach either the classroom phase or the laboratory phase of the traffic safety education course, or both, under ((regulations)) rules promulgated by the superintendent: PROVIDED, That the laboratory experience phase of the traffic safety education course may be taught by instructors certificated under rules promulgated by the superintendent of public instruction, exclusive of any requirement that the instructor be certificated under the provisions of chapter 28A.410 RCW. Professional instructors certificated under the provisions of chapter 46.82 RCW, and participating in this program, shall be subject to reasonable qualification requirements jointly adopted by the superintendent of public instruction and the director of licensing.
     (4) "Realistic level of effort" means the classroom and laboratory student learning experiences considered acceptable to the superintendent of public instruction that must be satisfactorily accomplished by the student in order to successfully complete the traffic safety education course.

Sec. 7   RCW 28A.220.030 and 2000 c 115 s 9 are each amended to read as follows:
     (1) The superintendent of public instruction is authorized to establish a section of traffic safety education, and through such section shall: Define a "realistic level of effort" required to provide an effective traffic safety education course, establish a level of driving competency required of each student to successfully complete the course, and ensure that an effective statewide program is implemented and sustained, administer, supervise, and develop the traffic safety education program and shall assist local school districts in the conduct of their traffic safety education programs. The superintendent shall adopt necessary rules ((and regulations)) governing the operation and scope of the traffic safety education program; and each school district shall submit a report in even-numbered years to the superintendent on the condition of its traffic safety education program: PROVIDED, That the superintendent shall monitor the quality of the program and carry out the purposes of this chapter.
     (2) The board of directors of any school district maintaining a secondary school which includes any of the grades 10 to 12, inclusive, may establish and maintain a traffic safety education course. If a school district elects to offer a traffic safety education course and has within its boundaries a private accredited secondary school which includes any of the grades 10 to 12, inclusive, to the extent funds are available, at least one class in traffic safety education shall be given at times other than regular school hours if there is sufficient demand therefor.
     (3) The board of directors of a school district, or combination of school districts, may contract with any drivers' school licensed under the provisions of chapter 46.82 RCW to teach the laboratory phase of the traffic safety education course. Instructors provided by any such contracting drivers' school must be properly qualified teachers of traffic safety education under the joint qualification requirements adopted by the superintendent of public instruction and the director of licensing.
     (4) The superintendent shall establish a required minimum number of hours of continuing traffic safety education for traffic safety education instructors. The superintendent may phase in the requirement over not more than five years.
     (5) By January 1, 2010, the superintendent shall survey districts regarding the impact of the rules and minimum hours of training established under the authority of this section. The superintendent shall revise the rules and minimum hours based on that survey in order to reduce the burden on school districts.

Sec. 8   RCW 28A.225.225 and 2008 c 192 s 1 are each amended to read as follows:
     (1)(a) Except for students who reside out-of-state, a district shall accept applications from nonresident students who are the children of full-time certificated and classified school employees, and those children shall be permitted to enroll:
     (((a))) (i) At the school to which the employee is assigned;
     (((b))) (ii) At a school forming the district's K through 12 continuum which includes the school to which the employee is assigned; or
     (((c))) (iii) At a school in the district that provides early intervention services pursuant to RCW 28A.155.065 or preschool services pursuant to RCW 28A.155.070, if the student is eligible for such services.
     (b) This subsection is suspended until July 1, 2011.
     (2) A district may reject applications under this section if:
     (a) The student's disciplinary records indicate a history of convictions for offenses or crimes, violent or disruptive behavior, or gang membership;
     (b) The student has been expelled or suspended from a public school for more than ten consecutive days. Any policy allowing for readmission of expelled or suspended students under this subsection (2)(b) must apply uniformly to both resident and nonresident applicants; or
     (c) Enrollment of a child under this section would displace a child who is a resident of the district, except that if a child is admitted under subsection (1) of this section, that child shall be permitted to remain enrolled at that school, or in that district's kindergarten through twelfth grade continuum, until he or she has completed his or her schooling.
     (3) Except as provided in subsection (1) of this section, all districts accepting applications from nonresident students or from students receiving home-based instruction for admission to the district's schools shall consider equally all applications received. Each school district shall adopt a policy establishing rational, fair, and equitable standards for acceptance and rejection of applications by June 30, 1990. The policy may include rejection of a nonresident student if:
     (a) Acceptance of a nonresident student would result in the district experiencing a financial hardship;
     (b) The student's disciplinary records indicate a history of convictions for offenses or crimes, violent or disruptive behavior, or gang membership; or
     (c) The student has been expelled or suspended from a public school for more than ten consecutive days. Any policy allowing for readmission of expelled or suspended students under this subsection (3)(c) must apply uniformly to both resident and nonresident applicants.
     For purposes of subsections (2)(a) and (3)(b) of this section, "gang" means a group which: (i) Consists of three or more persons; (ii) has identifiable leadership; and (iii) on an ongoing basis, regularly conspires and acts in concert mainly for criminal purposes.
     (4) The district shall provide to applicants written notification of the approval or denial of the application in a timely manner. If the application is rejected, the notification shall include the reason or reasons for denial and the right to appeal under RCW 28A.225.230(3).

Sec. 9   RCW 28A.225.270 and 2008 c 192 s 2 are each amended to read as follows:
     (1) Each school district in the state shall adopt and implement a policy allowing intradistrict enrollment options no later than June 30, 1990. Each district shall establish its own policy establishing standards on how the intradistrict enrollment options will be implemented.
     (2)(a) A district shall permit the children of full-time certificated and classified school employees to enroll at:
     (((a))) (i) The school to which the employee is assigned;
     (((b))) (ii) A school forming the district's K through 12 continuum which includes the school to which the employee is assigned; or
     (((c))) (iii) A school in the district that provides early intervention services pursuant to RCW 28A.155.065 or preschool services pursuant to RCW 28A.155.070, if the student is eligible for such services.
     (b) This subsection is suspended until July 1, 2011.
     (3) For the purposes of this section, "full-time employees" means employees who are employed for the full number of hours and days for their job description.

Sec. 10   RCW 28A.230.070 and 1994 c 245 s 7 are each amended to read as follows:
     (1)(a) The life-threatening dangers of acquired immunodeficiency syndrome (AIDS) and its prevention shall be taught in the public schools of this state. AIDS prevention education shall be limited to the discussion of the life-threatening dangers of the disease, its spread, and prevention. Students shall receive such education at least once each school year beginning no later than the fifth grade.
     (b) This subsection is suspended until July 1, 2011.
     (2) Each district board of directors shall adopt an AIDS prevention education program which is developed in consultation with teachers, administrators, parents, and other community members including, but not limited to, persons from medical, public health, and mental health organizations and agencies so long as the curricula and materials developed for use in the AIDS education program either (a) are the model curricula and resources under subsection (3) of this section, or (b) are developed by the school district and approved for medical accuracy by the office on AIDS established in RCW 70.24.250. If a district elects to use curricula developed by the school district, the district shall submit to the office on AIDS a copy of its curricula and an affidavit of medical accuracy stating that the material in the district-developed curricula has been compared to the model curricula for medical accuracy and that in the opinion of the district the district-developed materials are medically accurate. Upon submission of the affidavit and curricula, the district may use these materials until the approval procedure to be conducted by the office of AIDS has been completed.
     (3) Model curricula and other resources available from the superintendent of public instruction may be reviewed by the school district board of directors, in addition to materials designed locally, in developing the district's AIDS education program. The model curricula shall be reviewed for medical accuracy by the office on AIDS established in RCW 70.24.250 within the department of social and health services.
     (4) Beginning with the 2011-12 school year each school district shall, at least one month before teaching AIDS prevention education in any classroom, conduct at least one presentation during weekend and evening hours for the parents and guardians of students concerning the curricula and materials that will be used for such education. The parents and guardians shall be notified by the school district of the presentation and that the curricula and materials are available for inspection. No student may be required to participate in AIDS prevention education if the student's parent or guardian, having attended one of the district presentations, objects in writing to the participation.
     (5) The office of the superintendent of public instruction with the assistance of the office on AIDS shall update AIDS education curriculum material as newly discovered medical facts make it necessary.
     (6) The curriculum for AIDS prevention education shall be designed to teach students which behaviors place a person dangerously at risk of infection with the human immunodeficiency virus (HIV) and methods to avoid such risk including, at least:
     (a) The dangers of drug abuse, especially that involving the use of hypodermic needles; and
     (b) The dangers of sexual intercourse, with or without condoms.
     (7) The program of AIDS prevention education shall stress the life-threatening dangers of contracting AIDS and shall stress that abstinence from sexual activity is the only certain means for the prevention of the spread or contraction of the AIDS virus through sexual contact. It shall also teach that condoms and other artificial means of birth control are not a certain means of preventing the spread of the AIDS virus and reliance on condoms puts a person at risk for exposure to the disease.

Sec. 11   RCW 28A.230.080 and 1990 c 33 s 238 are each amended to read as follows:
     (1) Every school district board of directors shall develop a written policy regarding the district's role and responsibility relating to the prevention of child abuse and neglect.
     (2) Every school district shall, within the resources available to it: (a) Participate in the primary prevention program established under RCW 28A.300.160; (b) develop and implement its own child abuse and neglect education and prevention program; or (c) continue with an existing local child abuse and neglect education and prevention program.
     (3) This section is suspended until July 1, 2011.

Sec. 12   RCW 28A.230.130 and 2007 c 396 s 13 are each amended to read as follows:
     (1) All public high schools of the state shall provide a program, directly or in cooperation with a community college or another school district, for students whose educational plans include application for entrance to a baccalaureate-granting institution after being granted a high school diploma. The program shall help these students to meet at least the minimum entrance requirements under RCW 28B.10.050.
     (2) All public high schools of the state shall provide a program, directly or in cooperation with a community or technical college, a skills center, an apprenticeship committee, or another school district, for students who plan to pursue career or work opportunities other than entrance to a baccalaureate-granting institution after being granted a high school diploma. These programs may:
     (a) Help students demonstrate the application of essential academic learning requirements to the world of work, occupation-specific skills, knowledge of more than one career in a chosen pathway, and employability and leadership skills; and
     (b) Help students demonstrate the knowledge and skill needed to prepare for industry certification, and/or have the opportunity to articulate to postsecondary education and training programs.
     (3) Within funds specifically appropriated therefor, a middle school that receives approval from the office of the superintendent of public instruction to provide a career and technical program directly to students shall receive funding at the same rate as a high school operating a similar program. Additionally, a middle school that provides a hands-on experience in math and science with an integrated curriculum of academic content and career and technical education, and includes a career and technical education exploratory component shall also qualify for the career and technical education funding.
     (4) The state board of education, upon request from local school districts, may grant waivers from the requirements to provide the program described in subsections (1) and (2) of this section for reasons relating to school district size and the availability of staff authorized to teach subjects which must be provided. In considering waiver requests related to programs in subsection (2) of this section, the state board of education shall consider the extent to which the school district has offered such programs before the 2003-04 school year.
     (5) This section is suspended until September 1, 2009.

Sec. 13   RCW 28A.230.130 and 2007 c 396 s 14 are each amended to read as follows:
     (1) All public high schools of the state shall provide a program, directly or in cooperation with a community college or another school district, for students whose educational plans include application for entrance to a baccalaureate-granting institution after being granted a high school diploma. The program shall help these students to meet at least the minimum entrance requirements under RCW 28B.10.050.
     (2) All public high schools of the state shall provide a program, directly or in cooperation with a community or technical college, a skills center, an apprenticeship committee, or another school district, for students who plan to pursue career or work opportunities other than entrance to a baccalaureate-granting institution after being granted a high school diploma. These programs may:
     (a) Help students demonstrate the application of essential academic learning requirements to the world of work, occupation-specific skills, knowledge of more than one career in a chosen pathway, and employability and leadership skills; and
     (b) Help students demonstrate the knowledge and skill needed to prepare for industry certification, and/or have the opportunity to articulate to postsecondary education and training programs.
     (3) Within funds specifically appropriated therefor, a middle school that receives approval from the office of the superintendent of public instruction to provide a career and technical program directly to students shall receive funding at the same rate as a high school operating a similar program. Additionally, a middle school that provides a hands-on experience in math and science with an integrated curriculum of academic content and career and technical education, and includes a career and technical education exploratory component shall also qualify for the career and technical education funding.
     (4) This section is suspended until July 1, 2011.

Sec. 14   RCW 28A.230.158 and 2008 c 167 s 3 are each amended to read as follows:
     Annually, during the month of October, each public school shall conduct or promote educational activities that provide instruction, awareness, and understanding of disability history and people with disabilities, to the extent funds are available. The activities may include, but not be limited to, school assemblies or guest speaker presentations.

Sec. 15   RCW 28A.230.160 and 1990 c 33 s 241 are each amended to read as follows:
     During the school week preceding the eleventh day of November of each year, there shall be, to the extent funds are available, presented in each common school as defined in RCW 28A.150.020 educational activities suitable to the observance of Veterans' Day.
     The responsibility for the preparation and presentation of the activities approximating at least sixty minutes total throughout the week shall be with the principal or head teacher of each school building and such program shall embrace topics tending to instill a loyalty and devotion to the institutions and laws of this state and nation.
     The superintendent of public instruction and each educational service district superintendent, by advice and suggestion, shall aid in the preparation of these activities if such aid be solicited.

Sec. 16   RCW 28A.230.205 and 2007 c 459 s 3 are each amended to read as follows:
     (1) To the extent funds are appropriated or are available for this purpose, the superintendent of public instruction and other members of the partnership created in RCW 28A.300.455 shall make available to school districts the list of identified financial literacy skills and knowledge, instructional materials, assessments, and other relevant information.
     (2)(a) Each school district is encouraged to provide its students with an opportunity to master the financial literacy skills and knowledge developed under RCW 28A.300.460.
     (b) This subsection is suspended until July 1, 2011.
     (3) For the purposes of RCW 28A.300.455((,)) and 28A.300.460((,)) and this section, it is not necessary to evaluate and apply the office of the superintendent of public instruction essential academic learning requirements or to develop grade level expectations.

Sec. 17   RCW 28A.300.115 and 1992 c 24 s 1 are each amended to read as follows:
     (1) Every public high school is encouraged to include in its curriculum instruction on the events of the period in modern world history known as the Holocaust, during which six million Jews and millions of non-Jews were exterminated. The instruction may also include other examples from both ancient and modern history where subcultures or large human populations have been eradicated by the acts of humankind. The studying of this material is a reaffirmation of the commitment of free peoples never again to permit such occurrences.
     (2) The superintendent of public instruction may prepare and make available to all school districts instructional materials for use as guidelines for instruction under this section.
     (3) This section is suspended until July 1, 2011.

Sec. 18   RCW 28A.300.160 and 1995 c 399 s 21 are each amended to read as follows:
     (1) The office of the superintendent of public instruction shall be the lead agency and shall assist the department of social and health services, the department of community, trade, and economic development, and school districts in establishing a coordinated primary prevention program for child abuse and neglect.
     (2) In developing the program, consideration shall be given to the following:
     (a) Parent, teacher, and children's workshops whose information and training is:
     (i) Provided in a clear, age-appropriate, nonthreatening manner, delineating the problem and the range of possible solutions;
     (ii) Culturally and linguistically appropriate to the population served;
     (iii) Appropriate to the geographic area served; and
     (iv) Designed to help counteract common stereotypes about child abuse victims and offenders;
     (b) Training for school age children's parents and school staff, which includes:
     (i) Physical and behavioral indicators of abuse;
     (ii) Crisis counseling techniques;
     (iii) Community resources;
     (iv) Rights and responsibilities regarding reporting;
     (v) School district procedures to facilitate reporting and apprise supervisors and administrators of reports; and
     (vi) Caring for a child's needs after a report is made;
     (c) Training for licensed day care providers and parents that includes:
     (i) Positive child guidance techniques;
     (ii) Physical and behavioral indicators of abuse;
     (iii) Recognizing and providing safe, quality day care;
     (iv) Community resources;
     (v) Rights and responsibilities regarding reporting; and
     (vi) Caring for the abused or neglected child;
     (d) Training for children that includes:
     (i) The right of every child to live free of abuse;
     (ii) How to disclose incidents of abuse and neglect;
     (iii) The availability of support resources and how to obtain help;
     (iv) Child safety training and age-appropriate self-defense techniques; and
     (v) A period for crisis counseling and reporting immediately following the completion of each children's workshop in a school setting which maximizes the child's privacy and sense of safety.
     (3) The primary prevention program established under this section shall be a voluntary program and shall not be part of the basic program of education. The training for school staff as developed under the authority of this section by the office of the superintendent of public instruction is voluntary unless funding is specifically provided for the training.
     (4) Parents shall be given notice of the primary prevention program and may refuse to have their children participate in the program.

Sec. 19   RCW 28A.300.405 and 2000 c 210 s 4 are each amended to read as follows:
     (1) Consistent with the legislative findings in RCW 28A.300.390, the legislature shall establish the Washington civil liberties public education program. The program provides grants for the purpose of establishing a legacy of remembrance as part of a continuing process of recovery from the World War II exclusion and detention of individuals of Japanese ancestry. The program is created to do one or both of the following:
     (((1))) (a) Educate the public regarding the history and the lessons of the World War II exclusion, removal, and detention of persons of Japanese ancestry through the development, coordination, and distribution of new educational materials and the development of curriculum materials to complement and augment resources currently available on this subject matter; and
     (((2))) (b) Develop videos, plays, presentations, speaker bureaus, and exhibitions for presentation to elementary schools, secondary schools, community colleges, and to other interested parties.
     (2) This section is suspended until July 1, 2011.

Sec. 20   RCW 28A.300.410 and 2000 c 210 s 5 are each amended to read as follows:
     (1) The superintendent of public instruction shall allocate grants under the program established in RCW 28A.300.390 through 28A.300.415 from private donations or within amounts appropriated for this specific purpose. The grants shall be awarded on a competitive basis.
     (2) The superintendent of public instruction may contract with independent review panelists and establish an advisory panel to evaluate and make recommendations to the superintendent of public instruction based on grant applications.
     (3) The superintendent of public instruction shall select grant recipients from applicants who meet all of the following criteria:
     (a) The capability to administer and complete the proposed project within specified deadlines and within the specified budget;
     (b) The experience, knowledge, and qualifications necessary to conduct quality educational activities regarding the exclusion and detention of Japanese-Americans during World War II;
     (c) Projects that relate the Japanese-American exclusion and detention experience with civil rights included in the Declaration of Independence and the Constitution so that this event may be illuminated and understood in order to prevent similar violations of civil rights in the future;
     (d) Projects that are designed to maximize the long-term educational impact of this chapter;
     (e) Projects that build upon, contribute to, and expand upon the existing body of educational and research materials on the exclusion and detention of Japanese-Americans during World War II; and
     (f) Projects that include the variety of experiences regarding the exclusion and detention of Japanese-Americans and its impact before, during, and after World War II including those Japanese-Americans who served in the military and those who were interned in department of justice camps.
     (4) Applicants for grants under the program are encouraged to do each of the following:
     (a) Involve former detainees, those excluded from the military area, and their descendants in the development and implementation of projects;
     (b) Develop a strategy and plan for raising the level of awareness and understanding among the American public regarding the exclusion and detention of Japanese-Americans during World War II so that the causes and circumstances of this and similar events may be illuminated and understood;
     (c) Develop a strategy and plan for reaching the broad, multicultural population through project activities;
     (d) Develop local and regional consortia of organizations and individuals engaged in similar educational, research, and development efforts;
     (e) Coordinate and collaborate with organizations and individuals engaging in similar educational, research, and development endeavors to maximize the effect of grants;
     (f) Utilize creative and innovative methods and approaches in the research, development, and implementation of their projects;
     (g) Seek matching funds, in-kind contributions, or other sources of support to supplement their proposal;
     (h) Use a variety of media, including new technology, and the arts to creatively and strategically appeal to a broad audience while enhancing and enriching community-based educational efforts;
     (i) Include in the grant application, scholarly inquiry related to the variety of experiences and impact of the exclusion and detention of persons of Japanese ancestry during World War II; and
     (j) Add relevant materials to or catalogue relevant materials in libraries and other repositories for the creation, publication, and distribution of bibliographies, curriculum guides, oral histories, and other resource directories and supporting the continued development of scholarly work on this subject by making a broad range of archival, library, and research materials more accessible to the American public.
     (5) The superintendent of public instruction may adopt other criteria as it deems appropriate for its review of grant proposals. In reviewing projects for funding, scoring shall be based on an evaluation of all application materials including narratives, attachments, support letters, supplementary materials, and other materials that may be requested of applicants.
     (6)(a) In the review process, the superintendent of public instruction shall assign the following order of priority to the criteria set forth in subsection (3) of this section:
     (i) Subsection (3)(a) through (d) of this section, inclusive, shall be given highest priority; and
     (ii) Subsection (3)(e) ((through [and])) and (f) of this section, inclusive, shall be given second priority.
     (b) The superintendent of public instruction shall consider the overall breadth and variety of the field of applicants to determine the projects that would best fulfill its program and mission. Final grant awards may be for the full amount of the grant requests or for a portion of the grant request.
     (7) The superintendent of public instruction shall determine the types of applicants eligible to apply for grants under this program.
     (8) The office may accept gifts, grants, or endowments from public or private sources for the program and may spend any gifts, grants, or endowments or income from public or private sources according to their terms.
     (9) Except to the extent private funds are available, this section is suspended until July 1, 2011.

Sec. 21   RCW 28A.300.455 and 2007 c 459 s 1 are each amended to read as follows:
     (1) By September 30, 2004, the financial literacy public-private partnership shall adopt a definition of financial literacy to be used in educational efforts.
     (2) ((By June 30, 2009,)) Beginning July 1, 2011, the financial literacy public-private partnership shall identify strategies to increase the financial literacy of public school students in our state. To the extent funds are available, strategies to be considered by the partnership shall include, but not be limited to:
     (a) Identifying and making available to school districts:
     (i) Important financial literacy skills and knowledge;
     (ii) Ways in which teachers at different grade levels may integrate financial literacy in mathematics, social studies, and other course content areas;
     (iii) Instructional materials and programs, including schoolwide programs, that include the important financial literacy skills and knowledge;
     (iv) Assessments and other outcome measures that schools and communities may use to determine whether students are financially literate; and
     (v) Other strategies for expanding and increasing the quality of financial literacy instruction in public schools, including professional development for teachers;
     (b) Developing a structure and set of operating principles for the financial literacy public-private partnership to assist interested school districts in improving the financial literacy of their students by providing such things as financial literacy instructional materials and professional development; and
     (c) Providing a report to the governor, the house and senate financial institutions and education committees of the legislature, the superintendent of public instruction, the state board of education, and education stakeholder groups, on the results of work of the financial literacy public-private partnership. An interim report shall be submitted to the same parties by June 30, 2007, with a final report by June 30, ((2009)) 2013.

Sec. 22   RCW 28A.320.125 and 2007 c 406 s 1 are each amended to read as follows:
     (1) The legislature considers it to be a matter of public safety for public schools and staff to have current safe school plans and procedures in place, fully consistent with federal law. The legislature further finds and intends, by requiring safe school plans to be in place, that school districts will become eligible for federal assistance. The legislature further finds that schools are in a position to serve the community in the event of an emergency resulting from natural disasters or man-made disasters.
     (2) Schools and school districts shall consider the guidance provided by the superintendent of public instruction, including the comprehensive school safety checklist and the model comprehensive safe school plans that include prevention, intervention, all hazard/crisis response, and postcrisis recovery, when developing their own individual comprehensive safe school plans. Each school district shall adopt, no later than September 1, 2008, and implement a safe school plan consistent with the school mapping information system pursuant to RCW 36.28A.060. The plan shall:
     (a) Include required school safety policies and procedures;
     (b) Address emergency mitigation, preparedness, response, and recovery;
     (c) Include provisions for assisting and communicating with students and staff, including those with special needs or disabilities;
     (d) Use the training guidance provided by the Washington emergency management division of the state military department in collaboration with the Washington state office of the superintendent of public instruction school safety center and the school safety center advisory committee;
     (e) Require the building principal to be certified on the incident command system;
     (f) Take into account the manner in which the school facilities may be used as a community asset in the event of a community-wide emergency; and
     (g) Set guidelines for requesting city or county law enforcement agencies, local fire departments, emergency service providers, and county emergency management agencies to meet with school districts and participate in safety-related drills annually.
     (3) School districts shall annually:
     (a) Review and update safe school plans in collaboration with local emergency response agencies;
     (b) Conduct an inventory of all hazardous materials;
     (c) Update information on the school mapping information system to reflect current staffing and updated plans, including:
     (i) Identifying all staff members who are trained on the national incident management system, trained on the incident command system, or are certified on the incident command system; and
     (ii) Identifying school transportation procedures for evacuation, to include bus staging areas, evacuation routes, communication systems, parent-student reunification sites, and secondary transportation agreements consistent with the school mapping information system; and
     (d) Provide information to all staff on the use of emergency supplies and notification and alert procedures.
     (4) School districts are required to annually record and report on the information and activities required in subsection (3) of this section to the Washington association of sheriffs and police chiefs.
     (5) School districts are encouraged to work with local emergency management agencies and other emergency responders to conduct one tabletop exercise, one functional exercise, and two full-scale exercises within a four-year period.
     (6) Schools shall conduct no less than one safety-related drill each month that school is in session. Schools shall complete no less than one drill using the school mapping information system, one drill for lockdowns, one drill for shelter-in-place, and six drills for fire evacuation in accordance with the state fire code. Schools should consider drills for earthquakes, tsunamis, or other high-risk local events. Schools shall document the date and time of such drills. This subsection is intended to satisfy all federal requirements for comprehensive school emergency drills and evacuations.
     (7) Educational service districts are encouraged to apply for federal emergency response and crisis management grants with the assistance of the superintendent of public instruction and the Washington emergency management division of the state military department.
     (8) The superintendent of public instruction may adopt rules to implement provisions of this section. These rules may include, but are not limited to, provisions for evacuations, lockdowns, or other components of a comprehensive safe school plan.
     (9) This section is suspended until July 1, 2011.

Sec. 23   RCW 28A.320.128 and 2002 c 206 s 1 are each amended to read as follows:
     (1) ((By September 1, 2003,)) Each school district board of directors shall ((adopt a)) have a policy that addresses ((the following issues:
     (a)
)) procedures for providing notice of threats of violence or harm to the student or school employee who is the subject of the threat. The policy shall define "threats of violence or harm((";
     (b) Procedures for disclosing information that is provided to the school administrators about a student's conduct, including but not limited to the student's prior disciplinary records, official juvenile court records, and history of violence, to classroom teachers, school staff, and school security who, in the judgment of the principal, should be notified; and
     (c) Procedures for determining whether or not any threats or conduct established in the policy may be grounds for suspension or expulsion of the student.
     (2) The superintendent of public instruction, in consultation with educators and representatives of law enforcement, classified staff, and organizations with expertise in violence prevention and intervention, shall adopt a model policy that includes the issues listed in subsection (1) of this section by January 1, 2003. The model policy shall be posted on the superintendent of public instruction's web site. The school districts, in drafting their own policies, shall review the model policy
))."
     (((3))) (2) School districts, school district boards of directors, school officials, and school employees providing notice in good faith as required and consistent with the board's policies adopted under this section are immune from any liability arising out of such notification.
     (((4))) (3) A person who intentionally and in bad faith or maliciously, knowingly makes a false notification of a threat under this section is guilty of a misdemeanor punishable under RCW 9A.20.021.

NEW SECTION.  Sec. 24   The following acts or parts of acts, as now existing or hereafter amended, are each repealed:
     (1) RCW 28A.230.040 (Physical education in grades one through eight) and 2006 c 263 s 415, 1984 c 52 s 1, & 1969 ex.s. c 223 s 28A.05.030;
     (2) RCW 28A.230.050 (Physical education in high schools) and 2006 c 263 s 416, 1985 c 384 s 3, 1984 c 52 s 2, & 1969 ex.s. c 223 s 28A.05.040;
     (3) RCW 28A.230.150 (Temperance and Good Citizenship Day -- Aids in programming) and 1969 ex.s. c 223 s 28A.02.090;
     (4) RCW 28A.300.185 (Family preservation education program) and 2005 c 491 s 3;
     (5) RCW 28A.300.280 (Conflict resolution program) and 1994 sp.s. c 7 s 611; and
     (6) RCW 28A.320.185 (School gardens or farms) and 2008 c 215 s 7.

NEW SECTION.  Sec. 25   Sections 2 and 12 of this act expire September 1, 2009.

NEW SECTION.  Sec. 26   Sections 3, 8 through 11, 13, 16, 17, 19, 20, and 22 of this act expire July 1, 2011.

NEW SECTION.  Sec. 27   Sections 3 and 13 of this act take effect September 1, 2009.

NEW SECTION.  Sec. 28   Sections 1, 2, 4 through 12, and 14 through 24 of this act are necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and take effect immediately.

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