BILL REQ. #:  S-2710.1 

READ FIRST TIME 04/24/13.   

     AN ACT Relating to education; amending RCW 28A.400.200, 28A.600.015, 28A.600.020, 28A.600.410, 28A.300.046, 28A.300.042, and 28A.300.507; adding new sections to chapter 28A.655 RCW; adding a new section to chapter 28A.150 RCW; adding a new section to chapter 28A.400 RCW; adding a new section to chapter 41.56 RCW; adding a new section to chapter 41.59 RCW; adding a new section to chapter 28A.600 RCW; creating new sections; repealing RCW 28A.400.201; providing an effective date; providing an expiration date; and declaring an emergency.

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

NEW SECTION.  Sec. 1   Part I of this act addresses providing greater flexibility to school districts by enabling them to fully realign resources around the evidence-based practices that will lead to better student achievement. Additionally, reforms to compensation policies will be initiated.
     Part II of this act addresses the celebration of school district, school, and student success through recognition of the achievement with an awards program and a rewards program for innovation. Additionally, an inventory of research-based and evidence-based practices will be developed to guide school districts as they implement improvements.
     Part III of this act addresses school discipline and school expulsion. The legislature intends to provide school districts with a model policy to help standardize these disciplinary practices and data collection of suspensions and expulsions. The legislature further intends to create opportunities for reentry and reengagement in school for long-term suspended or expelled students through an individually tailored plan.

Sec. 101   RCW 28A.400.200 and 2010 c 235 s 401 are each amended to read as follows:
     (1) Every school district board of directors shall fix, alter, allow, and order paid salaries and compensation for all district employees in conformance with this section.
     (2)(a) Salaries for certificated instructional staff shall not be less than the salary provided in the appropriations act in the 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 master's degree shall not be less than the salary provided in the appropriations act in the statewide salary allocation schedule for an employee with a master's degree and zero years of service.
     (3)(a) The actual average salary paid to certificated instructional staff shall not exceed the district's average 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 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 shall be consistent with the salary and benefits paid to certificated instructional staff in the basic education program.
     (4)(a) Salaries and benefits for certificated instructional staff may exceed the limitations in subsection (3) of this section only by separate contract for additional time, for additional responsibilities, for incentives, or for implementing specific measurable innovative activities, including professional development, specified by the school district to: (((a))) (i) Close one or more achievement gaps, (((b))) (ii) focus on development of science, technology, engineering, and mathematics (STEM) learning opportunities, or (((c))) (iii) provide arts education. Beginning September 1, 2011, school districts shall annually provide a brief description of the innovative activities included in any supplemental contract to the office of the superintendent of public instruction. The office of the superintendent of public instruction shall summarize the district information and submit an annual report to the education committees of the house of representatives and the senate. 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.
     (b)(i) Beginning July 1, 2013, the excess salary and benefits authorized under (a) of this subsection shall not exceed the excess salary and benefits, measured as the percentage over the base salary, provided to certificated instructional staff by separate contract during the 2012-13 school year.     
     (ii) Beginning July 1, 2015, school districts may apply to the state board of education to increase the percentage over base salary provided. The state board shall authorize such increases solely based on the number of schools in the district that receive an "A," "B," or "C" under the school-grading program in section 202 of this act. The state board of education shall create an application process, criteria addressing the number of schools that are required to receive an "A," "B," or "C" to justify an increase, and the range of increases that may be authorized that corresponds to that criteria.
     (5) Strategic innovative grants awarded under section 205 of this act are not subject to this section.
     (6) 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. 102   Section 101 of this act does not affect or impair any collective bargaining agreements in effect on the effective date of this section between an employer and educational employees or employee organization under chapter 41.59 RCW. Any collective bargaining agreement entered into or renewed after the effective date of this section shall be consistent with section 101 of this act.

NEW SECTION.  Sec. 103   RCW 28A.400.201 (Enhanced salary allocation model for educator development and certification -- Technical working group -- Report and recommendation) and 2011 1st sp.s. c 43 s 468, 2010 c 236 s 7, & 2009 c 548 s 601 are each repealed.

NEW SECTION.  Sec. 104   (1) A joint select committee on educator compensation is created to provide oversight, monitoring, and direction to revise the current salary allocation schedule to create a new educator compensation model for certificated instructional staff and principals that links the educator compensation policies of the state to research-based practices shown to increase an educator's effectiveness and positive impact on student learning. The new model is intended to have a more flexible structure, be more data-driven, and encourage innovation by using salary differentials to reflect effective educator skills and working conditions.
     (2) The members of the joint select committee shall be as follows:
     (a) The chair and the ranking minority member of the house of representatives committee on appropriations;
     (b) The chair and the ranking minority member of the house of representatives committee on education;
     (c) The chair and the ranking minority member of the senate committee on ways and means; and
     (d) The chair and the ranking minority member of the senate committee on early learning and K-12 education.
     (3) A chair may appoint a designee to function in his or her place.
     (4) The chair of the house of representatives committee on appropriations and the chair of the senate ways and means committee shall convene the initial meeting.
     (5) The staff of the house of representatives committee on appropriations and the staff of the senate ways and means committee shall provide staff support for any public meetings.
     (6) The members of the joint select committee must be reimbursed for travel expenses in accordance with RCW 44.04.120. Expenses of the committee must be paid jointly by the senate and the house of representatives, and committee expenditures are subject to approval by the senate facilities and operations committee and the house of representatives executive rules committee, or their successor committees.
     (7) This section expires July 1, 2016.

NEW SECTION.  Sec. 201   The legislature finds that there is a need to recognize highly productive public schools and reward innovation. The legislature further finds that there is a parallel need to assist public schools that are struggling. The legislature intends to address both of these needs by creating a recognition program, a grant program to reward innovation, and a locally administered school reform program.

NEW SECTION.  Sec. 202   A new section is added to chapter 28A.655 RCW to read as follows:
     (1) The primary purposes of a school-grading program are to enhance the learning gains of all students, provide feedback to schools and school districts, supply parents and community members with understandable information about their schools, and provide information regarding school accountability and recognition.
     (2) Beginning with the 2013-14 school year, the state board of education must implement a school-grading program that identifies schools as having one of the following grades:
     (a) "A" for schools making excellent progress;
     (b) "B" for schools making above average progress;
     (c) "C" for schools making satisfactory progress;
     (d) "D" for schools making less than satisfactory progress; and
     (e) "F" for schools failing to make adequate progress.
     (3) Each school that has students who are tested using the assessments administered statewide in reading, writing, mathematics, and science required under RCW 28A.655.061, 28A.655.066, and 28A.655.070 shall earn a school grade, except as follows:
     (a) To protect the privacy of students, schools, and districts, schools testing fewer than ten students in a grade level; and
     (b) A school that serves any combination of students in kindergarten through grade three shall not earn a school grade based on test scores because its students are not tested. Such schools shall be included in the school-grading program by earning the grade designation of the K-3 feeder-pattern school identified by the office of the superintendent of public instruction and verified by the school district. A school feeder pattern exists if at least sixty percent of the students in the school serving a combination of students in kindergarten through grade three are scheduled to be assigned to the graded school. The school with students in kindergarten through grade three will earn the grade earned by its feeder-pattern school.
     (4)(a) A school's grade shall be determined by the state board of education using the accountability index, cooperatively developed under RCW 28A.657.110 by the state board of education and the office of the superintendent of public instruction. The index must measure the increase in student achievement on the statewide administered assessments in reading, writing, mathematics, and science; and the reduction in student achievement gaps. The index may include other student outcome measurements.
     (b) For schools with any combination of grades nine, ten, eleven, and twelve, at least fifty percent of a school's grade shall be determined using the accountability index and the remaining percentage shall be based on the following factors, if the factors are not already included in the accountability index:
     (i) The high school graduation rate of the school as calculated by the office of the superintendent of public instruction;
     (ii) As valid data becomes available, the performance and participation of the school's students in AP courses, international baccalaureate courses, and dual enrollment courses; and student achievement of national industry certification;
     (iii) Postsecondary readiness of all of the school's on-time graduates as measured by the SAT, the ACT, or a placement test; and
     (iv) The high school graduation rate of at-risk students.
     (5)(a) The state board of education shall adopt appropriate criteria for each school grade.
     (b) The criteria must give added weight to student achievement in reading.
     (c) Schools earning a grade of "C" or higher must demonstrate that at least half of the students in the school who are in the lowest twenty-fifth percentile in reading and mathematics on the statewide administered assessments are making adequate progress; if not, the school letter grade is decreased by one letter.
     (d) For schools with any combination of grades nine, ten, eleven, and twelve, the criteria for school grades must also give added weight to the graduation rate of all eligible at-risk students. In order for a high school to earn a grade of "A," the school must demonstrate that its at-risk students are making adequate progress.
     (6) The office of the superintendent of public instruction must annually report each school district's grade to the governor and the legislature. A school district's grade must be calculated using student performance and learning gains data on statewide assessments used for determining school grades under subsection (4) of this section for each eligible student enrolled for a full school year in the district. This calculation methodology captures information describing each eligible student in the district who may have transferred among schools within the district or who is enrolled in a school that does not earn a grade.
     (7) By August 1, 2014, the office of the superintendent of public instruction shall adapt the model school performance report and the agency web site originally developed under RCW 28A.655.110 to include each school district's grade and each school's grade. Each school district's and school's report card shall be published annually, with the school and district grade history, by the agency on its web site.
     (8) Each school district must include in its annual school performance report required under RCW 28A.655.110 each school's grade and must also include the school district's grade.
     (9) For the purposes of this section, "at-risk students" means students scoring at level one or level two on the eighth grade statewide administered reading and mathematics assessment.
     (10) The state board of education and the office of the superintendent of public instruction shall adopt rules, as necessary, to administer this section.
     (11)(a) The school-grading program shall be a pilot program during the 2013-14 school year. The office of the superintendent of public instruction shall conduct the pilot program in five geographically diverse school districts, including urban, rural, large, and small districts.
     (b) The office of the superintendent of public instruction shall contract with an organization in Washington state that conducts and disseminates action research, partners with state and local agencies and organizations, and provides data services and support for school and district improvement planning to conduct an independent evaluation of the school-grading pilot program. The evaluation shall be submitted to the office of the superintendent of public instruction, the governor, and the legislature by December 1, 2014. The evaluation must include recommendations on any necessary modifications, if any, to the criteria or the process used to grade schools and districts.
     (12) The state board of education and the office of the superintendent of public instruction must make all the modifications recommended in the evaluation and implement the school-grading program statewide in the 2014-15 school year.

NEW SECTION.  Sec. 203   A new section is added to chapter 28A.150 RCW to read as follows:
     (1) By August 1, 2014, the Washington institute for public policy shall compile an in-depth cost-benefit analysis and list of the most effective research-proven practices and programs for the delivery of K-12 public school instruction. The analysis must include a prioritized list based on positive impact on student performance, the highest and best use of resources, and the largest return on investment. The purpose of this effort is to inform executive and legislative branch decisions in making future additional K-12 funding enhancements. The list shall be updated every two years.
     (2) By August 1, 2014, the Washington institute for public policy shall prepare an initial inventory of evidence-based and research-based effective practices, activities, and programs for use by school districts in the delivery of instruction. The inventory must include information on the best methods and practices for providing educational opportunities for students in specific categorical programs of basic education and must also include information on effective educator and school leadership compensation systems. In addition, the inventory must include information on evidence-based and research-based practices for closing opportunity gaps and for the best and highest use of learning assistance program funds to serve underachieving students or students in poverty. To the extent possible, this information will be informed by a review of successful schools meeting or exceeding anticipated educational outcomes based on demographic challenges. The inventory must be updated every two years.

NEW SECTION.  Sec. 204   A new section is added to chapter 28A.655 RCW to read as follows:
     (1) The school-grading program created in section 202 of this act must be used to recognize highly productive public schools.
     (2) Beginning with the 2015-2017 fiscal biennium, the superintendent of public instruction shall implement a school recognition program for public schools. Schools that are designated as making excellent progress and thereby receiving an "A" grade under section 202 of this act shall receive the Washington achievement award to be presented jointly by the office of the superintendent of public instruction and the state board of education at an annual award ceremony. Award winning schools shall receive a banner and acrylic award to proudly display in their buildings.

NEW SECTION.  Sec. 205   A new section is added to chapter 28A.400 RCW to read as follows:
     (1) The strategic innovative grant account is created in the state treasury to be used for awarding grants to public school districts for the implementation of effective educator and school leadership compensation systems. Moneys in the account may be spent only after appropriation. The account may receive gifts, grants, and donations from individuals or public or private entities.
     (2) By August 1st of each odd-numbered year, school districts may submit applications to the professional educator standards board for strategic innovative grants for the fiscal biennium. The applications may include plans for any or all of the following to:
     (a) Reward teachers and other educators who help students make significant academic progress;
     (b) Provide incentives for team and individual staff performance in schools achieving educational and other outcomes specified by the school district;
     (c) Provide monetary incentives to effective teachers who have essential expertise and who are willing to transfer employment to positions at hard-to-staff or low-performing schools;
     (d) Provide monetary or other rewards to effective teachers who are assigned to teach in critical shortage areas or subjects;
     (e) Augment any existing funds or reallocated funds to maximize the amount of remuneration directed at strategic innovative research-based compensation systems; and
     (f) Offer bonus payments to school building leaders based on improved teacher and student performance.
     (3) Each application under subsection (2) of this section must include appropriate achievement goals for student academic progress and plans for the professional development of the designated teachers and other staff. Any teacher or certificated instructional staff person receiving an award under this section must be evaluated at least level 3 - proficient under RCW 28A.405.100.
     (4)(a) The professional educator standards board, in consultation with the Washington state institute for public policy, shall award grants to school districts based on the level of innovation and the degree to which the proposal implements compensation systems that are evidence-based and research-based.
     (b) By December 1st of each odd-numbered year, the professional educator standards board must report to the education and fiscal committees of the house of representatives and the senate regarding the amounts and the purposes of the grants that are awarded.
     (5) The monetary awards granted under this section are not subject to the limitations of RCW 28A.400.200 and may not be used to supplant any new or existing state, federal, or local funding for compensation.

NEW SECTION.  Sec. 206   A new section is added to chapter 41.56 RCW to read as follows:
     All collective bargaining agreements entered into between a school district employer and school district employees under this chapter after the effective date of this section, and bargaining agreements existing on the effective date of this section but renewed or extended after the effective date of this section, shall be consistent with section 205 of this act.

NEW SECTION.  Sec. 207   A new section is added to chapter 41.59 RCW to read as follows:
     All collective bargaining agreements entered into between a school district employer and school district employees under this chapter after the effective date of this section, and bargaining agreements existing on the effective date of this section but renewed or extended after the effective date of this section, shall be consistent with section 205 of this act.

Sec. 301   RCW 28A.600.015 and 2006 c 263 s 701 are each amended to read as follows:
     (1) The superintendent of public instruction shall adopt and distribute to all school districts lawful and reasonable rules prescribing the substantive and procedural due process guarantees of pupils in the common schools. Such rules shall authorize a school district to use informal due process procedures in connection with the short-term suspension of students to the extent constitutionally permissible: PROVIDED, That the superintendent of public instruction deems the interest of students to be adequately protected. When a student suspension or expulsion is appealed, the rules shall authorize a school district to impose the suspension or expulsion temporarily after an initial hearing for no more than ten consecutive school days or until the appeal is decided, whichever is earlier. Any days that the student is temporarily suspended or expelled before the appeal is decided shall be applied to the term of the student suspension or expulsion and shall not limit or extend the term of the student suspension or expulsion. An expulsion or suspension of a student may not be for an indefinite period of time.
     (2) Short-term suspension procedures may be used for suspensions of students up to and including, ten consecutive school days.
     (3) Emergency expulsions must end or be converted to another form of corrective action within ten school days from the date of the emergency removal from school. Notice and due process rights must be provided when an emergency expulsion is converted to another form of corrective action.

Sec. 302   RCW 28A.600.020 and 2006 c 263 s 706 are each amended to read as follows:
     (1) The rules adopted pursuant to RCW 28A.600.010 shall be interpreted to ensure that the optimum learning atmosphere of the classroom is maintained, and that the highest consideration is given to the judgment of qualified certificated educators regarding conditions necessary to maintain the optimum learning atmosphere.
     (2) Any student who creates a disruption of the educational process in violation of the building disciplinary standards while under a teacher's immediate supervision may be excluded by the teacher from his or her individual classroom and instructional or activity area for all or any portion of the balance of the school day, or up to the following two days, or until the principal or designee and teacher have conferred, whichever occurs first. Except in emergency circumstances, the teacher first must attempt one or more alternative forms of corrective action. In no event without the consent of the teacher may an excluded student return to the class during the balance of that class or activity period or up to the following two days, or until the principal or his or her designee and the teacher have conferred.
     (3) In order to preserve a beneficial learning environment for all students and to maintain good order and discipline in each classroom, every school district board of directors shall provide that written procedures are developed for administering discipline at each school within the district. Such procedures shall be developed with the participation of parents and the community, and shall provide that the teacher, principal or designee, and other authorities designated by the board of directors, make every reasonable attempt to involve the parent or guardian and the student in the resolution of student discipline problems. Such procedures shall provide that students may be excluded from their individual classes or activities for periods of time in excess of that provided in subsection (2) of this section if such students have repeatedly disrupted the learning of other students. The procedures must be consistent with the rules of the superintendent of public instruction and must provide for early involvement of parents in attempts to improve the student's behavior.
     (4) The procedures shall assure, pursuant to RCW 28A.400.110, that all staff work cooperatively toward consistent enforcement of proper student behavior throughout each school as well as within each classroom.
     (5)(a) A principal shall consider imposing long-term suspension or expulsion as a sanction when deciding the appropriate disciplinary action for a student who, after July 27, 1997:
     (((a))) (i) Engages in two or more violations within a three-year period of RCW 9A.46.120, 28A.320.135, 28A.600.455, 28A.600.460, 28A.635.020, 28A.600.020, 28A.635.060, 9.41.280, or 28A.320.140; or
     (((b))) (ii) Engages in one or more of the offenses listed in RCW 13.04.155.
     (b) The principal shall communicate the disciplinary action taken by the principal to the school personnel who referred the student to the principal for disciplinary action.
     (6) Any corrective action involving a suspension or expulsion from school for more than ten days must have an end date of not more than one calendar year from the time of corrective action. Districts shall make reasonable efforts to assist students and parents in returning to an educational setting prior to and no later than the end date of the corrective action. Where warranted based on public health or safety, a school district may petition the superintendent of public instruction, pursuant to policies and procedures adopted by the superintendent of public instruction, for authorization to exceed the one calendar year limitation provided in this subsection. The office of the superintendent of public instruction shall adopt rules outlining the limited circumstances in which a school district may petition the superintendent of public instruction to exceed the one calendar year limitation, including safeguards to ensure that the district has made every effort to plan for the student's return to school and that the student's extended expulsion from the district does not impair the student's constitutional right to education.
     (7) Nothing in this section prevents a public school district, educational service district, the Washington state center for childhood deafness and hearing loss, or the state school for the blind if it has suspended or expelled a student from the student's regular school setting from providing educational services to the student in an alternative setting or modifying the suspension or expulsion on a case-by-case basis.

Sec. 303   RCW 28A.600.410 and 1992 c 155 s 1 are each amended to read as follows:
     The state of Washington excludes tens of thousands of students from school each year due to out-of-school suspensions and expulsions. Out-of-school suspensions and expulsions contribute to poor academic achievement, lower graduation rates, and higher dropout rates. It is the intent of the legislature to minimize the use of out-of-school suspension and expulsion and its impact on student achievement by reducing the number of days that students are excluded from school due to disciplinary action. Student behavior should not result in the permanent loss of educational opportunity in the public school system.
     School districts are encouraged to find alternatives to suspension including reducing the length of a student's suspension conditioned by the commencement of counseling or other treatment services. Consistent with current law, the conditioning of a student's suspension does not obligate the school district to pay for the counseling or other treatment services except for those stipulated and agreed to by the district at the inception of the suspension.

Sec. 304   RCW 28A.300.046 and 2011 c 288 s 10 are each amended to read as follows:
     (1)(a) The superintendent of public instruction shall adopt rules establishing a standard definition of student absence from school. In adopting the definition, the superintendent shall review current practices in Washington school districts, definitions used in other states, and any national standards or definitions used by the national center for education statistics or other national groups. The superintendent shall also consult with the building bridges work group established under RCW 28A.175.075.
     (b) Using the definition of student absence adopted under this section, the superintendent shall establish an indicator for measuring student attendance in high schools for purposes of the PASS program under RCW 28A.175.130.
     (2)(a) The K-12 data governance group under RCW 28A.300.507 shall establish the parameters and an implementation schedule for statewide collection through the comprehensive education and data research system of: (i) Student attendance data using the definitions of student absence adopted under this section; and (ii) student discipline data with a focus on suspensions and expulsions from school.
     (b) ((At a minimum,)) Student suspension and expulsion data collected for the purposes of this subsection (2) must be:
     (i) Made publicly available and easily accessible on the superintendent of public instruction's web site; and
     (ii) Disaggregated and cross-tabulated as established under RCW 28A.300.042.
     (c) School districts must collect and submit student attendance data and student discipline data for high school students through the comprehensive education and data research system for purposes of the PASS program under RCW 28A.175.130 beginning in the 2012-13 school year.

Sec. 305   RCW 28A.300.042 and 2009 c 468 s 4 are each amended to read as follows:
     (1) All student data-related reports required of the superintendent of public instruction in this title must be disaggregated by at least the following subgroups of students: White, Black, Hispanic, American Indian/Alaskan Native, Asian, Pacific Islander/Hawaiian Native, low income, transitional bilingual, migrant, special education, and students covered by section 504 of the federal rehabilitation act of 1973, as amended (29 U.S.C. Sec. 794).
     (2) All student data-related reports required of the superintendent of public instruction regarding student suspensions and expulsions as required in RCW 28A.300.046 are subject to disaggregation by subgroups including:
     (a) Gender;
     (b) Foster care;
     (c) Homeless;
     (d) School district;
     (e) School;
     (f) Grade level;
     (g) Behavior infraction code, including:
     (i) Bullying;
     (ii) Tobacco;
     (iii) Alcohol;
     (iv) Illicit drug;
     (v) Fighting without major injury;
     (vi) Violence without major injury;
     (vii) Violence with major injury;
     (viii) Possession of a weapon; and
     (ix) Other behavior resulting from a short-term or long-term suspension, expulsion, or interim alternative education setting intervention;
     (h) Intervention applied, including:
     (i) Short-term suspension;
     (ii) Long-term suspension;
     (iii) Emergency expulsion;
     (iv) Expulsion;
     (v) Interim alternative education settings;
     (vi) No intervention applied; and
     (vii) Other intervention applied that is not described in this subsection (2)(h);
     (i) Number of days a student is suspended or expelled, to be
     counted in half or full days; and
     (j) Any other categories added at a future date by the data governance group.
     (3) All student data-related reports required of the superintendent of public instruction regarding student suspensions and expulsions as required in RCW 28A.300.046 are subject to cross-tabulation at a minimum by the following:     
     (a) School and district;
     (b) Race, low income, special education, transitional bilingual, migrant, foster care, homeless, students covered by section 504 of the federal rehabilitation act of 1973, as amended (29 U.S.C. Sec. 794), and categories to be added in the future;
     (c) Behavior infraction code; and
     (d) Intervention applied.

Sec. 306   RCW 28A.300.507 and 2009 c 548 s 203 are each amended to read as follows:
     (1) A K-12 data governance group shall be established within the office of the superintendent of public instruction to assist in the design and implementation of a K-12 education data improvement system for financial, student, and educator data. It is the intent that the data system reporting specifically serve requirements for teachers, parents, superintendents, school boards, the office of the superintendent of public instruction, the legislature, and the public.
     (2) The K-12 data governance group shall include representatives of the education data center, the office of the superintendent of public instruction, the legislative evaluation and accountability program committee, the professional educator standards board, the state board of education, and school district staff, including information technology staff. Additional entities with expertise in education data may be included in the K-12 data governance group.
     (3) The K-12 data governance group shall:
     (a) Identify the critical research and policy questions that need to be addressed by the K-12 education data improvement system;
     (b) Identify reports and other information that should be made available on the internet in addition to the reports identified in subsection (5) of this section;
     (c) Create a comprehensive needs requirement document detailing the specific information and technical capacity needed by school districts and the state to meet the legislature's expectations for a comprehensive K-12 education data improvement system as described under RCW 28A.655.210;
     (d) Conduct a gap analysis of current and planned information compared to the needs requirement document, including an analysis of the strengths and limitations of an education data system and programs currently used by school districts and the state, and specifically the gap analysis must look at the extent to which the existing data can be transformed into canonical form and where existing software can be used to meet the needs requirement document;
     (e) Focus on financial and cost data necessary to support the new K-12 financial models and funding formulas, including any necessary changes to school district budgeting and accounting, and on assuring the capacity to link data across financial, student, and educator systems; and
     (f) Define the operating rules and governance structure for K-12 data collections, ensuring that data systems are flexible and able to adapt to evolving needs for information, within an objective and orderly data governance process for determining when changes are needed and how to implement them. Strong consideration must be made to the current practice and cost of migration to new requirements. The operating rules should delineate the coordination, delegation, and escalation authority for data collection issues, business rules, and performance goals for each K-12 data collection system, including:
     (i) Defining and maintaining standards for privacy and confidentiality;
     (ii) Setting data collection priorities;
     (iii) Defining and updating a standard data dictionary;
     (iv) Ensuring data compliance with the data dictionary;
     (v) Ensuring data accuracy; and
     (vi) Establishing minimum standards for school, student, financial, and teacher data systems. Data elements may be specified "to the extent feasible" or "to the extent available" to collect more and better data sets from districts with more flexible software. Nothing in RCW 43.41.400, this section, or RCW 28A.655.210 should be construed to require that a data dictionary or reporting should be hobbled to the lowest common set. The work of the K-12 data governance group must specify which data are desirable. Districts that can meet these requirements shall report the desirable data. Funding from the legislature must establish which subset data are absolutely required.
     (4)(a) The K-12 data governance group shall provide updates on its work as requested by the education data center and the legislative evaluation and accountability program committee.
     (b) The work of the K-12 data governance group shall be periodically reviewed and monitored by the educational data center and the legislative evaluation and accountability program committee.
     (5) To the extent data is available, the office of the superintendent of public instruction shall make the following minimum reports available on the internet. The reports must either be run on demand against current data, or, if a static report, must have been run against the most recent data:
     (a) The percentage of data compliance and data accuracy by school district;
     (b) The magnitude of spending per student, by student estimated by the following algorithm and reported as the detailed summation of the following components:
     (i) An approximate, prorated fraction of each teacher or human resource element that directly serves the student. Each human resource element must be listed or accessible through online tunneling in the report;
     (ii) An approximate, prorated fraction of classroom or building costs used by the student;
     (iii) An approximate, prorated fraction of transportation costs used by the student; and
     (iv) An approximate, prorated fraction of all other resources within the district. District-wide components should be disaggregated to the extent that it is sensible and economical;
     (c) The cost of K-12 basic education, per student, by student, by school district, estimated by the algorithm in (b) of this subsection, and reported in the same manner as required in (b) of this subsection;
     (d) The cost of K-12 special education services per student, by student receiving those services, by school district, estimated by the algorithm in (b) of this subsection, and reported in the same manner as required in (b) of this subsection;
     (e) Improvement on the statewide assessments computed as both a percentage change and absolute change on a scale score metric by district, by school, and by teacher that can also be filtered by a student's length of full-time enrollment within the school district;
     (f) Number of K-12 students per classroom teacher on a per teacher basis;
     (g) Number of K-12 classroom teachers per student on a per student basis;
     (h) Percentage of a classroom teacher per student on a per student basis; and
     (i) The cost of K-12 education per student by school district sorted by federal, state, and local dollars.
     (6) ((The superintendent of public instruction shall submit a preliminary report to the legislature by November 15, 2009, including the analyses by the K-12 data governance group under subsection (3) of this section and preliminary options for addressing identified gaps. A final report, including a proposed phase-in plan and preliminary cost estimates for implementation of a comprehensive data improvement system for financial, student, and educator data shall be submitted to the legislature by September 1, 2010.
     (7))) All reports and data referenced in this section and RCW 43.41.400 and 28A.655.210 shall be made available in a manner consistent with the technical requirements of the legislative evaluation and accountability program committee and the education data center so that selected data can be provided to the legislature, governor, school districts, and the public.
     (((8))) (7) Reports shall contain data to the extent it is available. All reports must include documentation of which data are not available or are estimated. Reports must not be suppressed because of poor data accuracy or completeness. Reports may be accompanied with documentation to inform the reader of why some data are missing or inaccurate or estimated.
     (8) The K-12 data governance group shall examine the data collected under the behavior infraction subgroup in RCW 28A.300.042(2)(g)(ix) and create at least four additional behavior infraction codes including the four most common behaviors reported under the behavior infraction subgroup in RCW 28A.300.042(2)(g)(ix), and may create other categories as needed, by December 1, 2013.

NEW SECTION.  Sec. 307   A new section is added to chapter 28A.600 RCW to read as follows:
     (1) School districts should make efforts to have suspended or expelled students return to the educational setting they were suspended or expelled from as soon as possible. School districts should convene a school reentry meeting with the student and the student's parents or guardians within twenty days of the student's long-term suspension or expulsion to discuss a plan to reenter and reengage the student in a school program.
     (2) In developing a reentry and reengagement plan, school districts should consider shortening the length of time that the student is suspended or expelled, other forms of corrective action, and supportive interventions that aid in the student's academic success and keep the student engaged and on track to graduate. School districts must create a reentry and reengagement plan tailored to the student's individual circumstances, including consideration of the incident that led to the student's long-term suspension or expulsion. The plan should aid the student in taking the necessary steps to remedy the situation that led to the student's suspension or expulsion.
     (3) Any reentry meetings conducted by the school district involving the suspended or expelled student and his or her parents or guardians are not intended to replace a petition for readmission.

NEW SECTION.  Sec. 308   (1) The Washington state school directors' association in partnership with the office of the education ombudsman shall seek community input and develop a model policy for school districts to implement changes to suspension and expulsion policies.
     (2) The model policy must include at a minimum: Appropriate discipline actions for unwanted student behavior, training in cultural sensitivity regarding school discipline policies and procedures; prevention and intervention guidance including best practices; and parental engagement.
     (3) The model policy must be made available on the Washington state school directors' association web site by May 1, 2014.

NEW SECTION.  Sec. 309   Nothing in chapter . . ., Laws of 2013 (this act) prevents a public school district, law enforcement agencies, or law enforcement personnel from enforcing laws protecting health and human safety.

NEW SECTION.  Sec. 401   Sections 101, 102, 204, and 205 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.

NEW SECTION.  Sec. 402   Section 103 of this act takes effect September 1, 2013.

NEW SECTION.  Sec. 403   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.