AN ACT Relating to education; amending RCW 28A.67.065, 28A.67.072, and 28A.01.025; adding new sections to chapter 28A.04 RCW; adding new sections to chapter 28A.70 RCW; adding a new section to chapter 28A.71 RCW; creating new sections; making appropriations; and providing an expiration date.

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

NEW SECTION. Sec. 1. A new section is added to chapter 28A.04 RCW to read as follows:

The state board of education shall establish a state-wide career ladder for certificated classroom teachers. Initial implementation of the career ladder system shall be in the fall of 1986 and the career ladder shall be fully implemented by the beginning of the 1989-90 school year.

NEW SECTION. Sec. 2. (1) A career ladder committee is created. The committee shall be selected by the speaker of the house of representatives and the secretary of the senate and consist of one person representing each of the following: The legislature, the office of the superintendent of public instruction, teachers, school principals, school superintendents, school directors, teachers' unions, and citizens.

(2) The members of the committee shall select a chairperson.

(3) The nonlegislative members of the committee shall be reimbursed for travel expenses as provided in RCW 43.03.050 and 43.03.060. The legislative member of the committee shall be reimbursed for travel expenses under RCW 44.04.120.

(4) The committee may employ staff and contract with consultants as necessary to fulfill its duties.

(5) The career ladder committee shall develop a plan for a state-wide career ladder for certificated classroom teachers. The committee shall consider the model proposed by the temporary committee on educational policies, structure, and management. The plan shall be designed for initial implementation at the beginning of the 1986-87 school year. The ladder shall provide for:

(a) Six levels with each level based upon criteria including successful classroom performance, completion of planned programs of professional development, positive evaluations, and the demonstration of new areas of competency and increased responsibilities;

(b) Titles and specific requirements for each different level of the career ladder;

(c) Minimum duration of service for each different level of the career ladder, but promotion shall not be automatic nor based on the length of employment;

(d) The length of contracts and periodic renewal of contracts, which may differ for each different level;

(e) Evaluation methods;

(f) Requirements for maintaining performance and continuing to meet the criteria to remain at a certain level on the career ladder; and

(g) Specific requirements for the top two levels of the career ladder including methods of limiting the numbers of certificated persons in these levels.

(6) The career ladder committee shall study the current system of evaluating teachers and make recommendations for either modifying the existing system or implementing a new system. The plan shall provide for the evaluation program to be fully implemented before the career ladder is fully implemented. The plan shall also provide for the evaluation process at the state and local levels and the career ladder to be reviewed periodically.

(7) The career ladder committee shall submit its report and recommendations to the legislature and the superintendent of public instruction by January 1, 1986.

NEW SECTION. Sec. 3. A proposed state-wide salary schedule consistent with the career ladder established by the state board of education under section 1 of this act shall be developed by the legislative evaluation and accountability program committee. Provision should be made for payments to persons earning education credits during the summer in the first three years of employment to meet the requirements for a continuing certificate and additional compensation for employees with extended contracts. The proposal shall be submitted to the legislature and the superintendent of public instruction by February 1, 1986.

NEW SECTION. Sec. 4. Sections 2 and 3 of this act shall expire July 1, 1986.

NEW SECTION. Sec. 5. A new section is added to chapter 28A.04 RCW to read as follows:

The career ladder shall be ready for full implementation at the beginning of the 1989-90 school year. In the spring of 1989, a panel composed of one representative each from the office of the superintendent of public instruction, teachers' unions, and school administrators shall review and evaluate the career ladder and recommend final steps for full implementation. The panel shall submit its recommendations to the legislature in January, 1990.

Sec. 6. Section 22, chapter 34, Laws of 1969 ex. sess. as last amended by section 3, chapter 114, Laws of 1975-'76 2nd ex. sess. and RCW 28A.67.065 are each amended to read as follows:

(1) The superintendent of public instruction shall, on or before ((~~January 1, 1977~~)) July 1, 1986, establish ((~~and may amend from time to time minimum criteria for the evaluation~~)) procedures and criteria for a state-wide system of evaluation of the professional performance capabilities and professional development of certificated classroom teachers and certificated support personnel consistent with the career ladder. For classroom teachers the criteria shall be developed in the following categories: Instructional skill; classroom management, professional preparation and scholarship; ((~~effort toward~~)) a plan for continuous professional development and improvement ((~~when needed~~)); the handling of student discipline and attendant problems; ((~~and~~)) interest in teaching pupils; and knowledge of subject matter. ((~~Such criteria shall be subject to review by November 1, 1976, by four members of the legislature, one from each caucus of each house, including the chairpersons of the respective education committees~~)) The teacher evaluation system shall be consistent with and appropriate for the criteria established in the career ladder for the levels of professional progress and promotion under the career ladder under section 1 of this 1985 act.

Every board of directors shall, in accordance with procedure provided in RCW 41.59.010 through 41.59.170, 41.59.910 and 41.59.920, establish evaluative criteria and procedures for all certificated classroom teachers and certificated support personnel. The evaluative criteria must contain as a minimum the criteria established by the superintendent of public instruction pursuant to this section and must be prepared within six months following adoption of the superintendent of public instruction's minimum criteria. The district must certify to the superintendent of public instruction that evaluative criteria have been so prepared by the district.

It shall be the responsibility of a principal or his or her designee to evaluate all certificated personnel in his or her school. During each school year all classroom teachers and certificated support personnel, hereinafter referred to as "employees" in this section, shall be observed for the purposes of evaluation at least twice in the performance of their assigned duties. Total observation time for each employee for each school year shall be not less than sixty minutes. Following each observation, or series of observations, the principal or other evaluator shall promptly document the results of the evaluation in writing, and shall provide the employee with a copy thereof within three days after such report is prepared. New employees shall be observed at least once for a total observation time of thirty minutes during the first ninety calendar days of their employment period.

Every employee whose work is judged unsatisfactory based on district evaluation criteria shall be notified in writing of stated specific areas of deficiencies along with a suggested specific and reasonable program for improvement on or before February 1st of each year. A probationary period shall be established beginning on or before February 1st and ending no later than May 1st. The purpose of the probationary period is to give the employee opportunity to demonstrate improvements in his or her areas of deficiency. The establishment of the probationary period and the giving of the notice to the employee of deficiency shall be by the school district superintendent and need not be submitted to the board of directors for approval. During the probationary period the evaluator shall meet with the employee at least twice monthly to supervise and make a written evaluation of the progress, if any, made by the employee. The evaluator may authorize one additional certificated employee to evaluate the probationer and to aid the employee in improving his or her areas of deficiency; such additional certificated employee shall be immune from any civil liability that might otherwise be incurred or imposed with regard to the good faith performance of such evaluation. The probationer may be removed from probation if he or she has demonstrated improvement to the satisfaction of the principal in those areas specifically detailed in his or her initial notice of deficiency and subsequently detailed in his or her improvement program. Lack of necessary improvement shall be specifically documented in writing with notification to the probationer and shall constitute grounds for a finding of probable cause under RCW 28A.58.450 or 28A.67.070, as now or hereafter amended.

The establishment of a probationary period shall not be deemed to adversely affect the contract status of an employee within the meaning of RCW 28A.58.450, as now or hereafter amended.

(2) Every board of directors shall establish evaluative criteria and procedures for all superintendents, principals, and other administrators. It shall be the responsibility of the district superintendent or his or her designee to evaluate all administrators. Such evaluation shall be based on the administrative position job description. Such criteria, when applicable, shall include at least the following categories: Knowledge of, experience in, and training in recognizing good professional performance, capabilities and development; school administration and management; school finance; professional preparation and scholarship; effort toward improvement when needed; interest in pupils, employees, patrons and subjects taught in school; leadership; and ability and performance of evaluation of school personnel.

(3) Each certificated employee shall have the opportunity for confidential conferences with his or her immediate supervisor on no less than two occasions in each school year. Such confidential conference shall have as its sole purpose the aiding of the administrator in his or her professional performance.

(4) The failure of any evaluator to evaluate or supervise or cause the evaluation or supervision of certificated employees or administrators in accordance with this section, as now or hereafter amended, when it is his or her specific assigned or delegated responsibility to do so, shall be sufficient cause for the nonrenewal of any such evaluator's contract under RCW 28A.67.070, as now or hereafter amended, or the discharge of such evaluator under RCW 28A.58.450, as now or hereafter amended.

Sec. 7. Section 1, chapter 114, Laws of 1975-'76 2nd ex. sess. and RCW 28A.67.072 are each amended to read as follows:

Notwithstanding the provisions of RCW 28A.67.070 as now or hereafter amended, every person employed by a school district in a teaching or other nonsupervisory certificated position shall be subject to nonrenewal of employment contract as provided in this section during the first three years of employment by such district. Employees as defined in this section shall hereinafter be referred to as "provisional employees".

In the event the superintendent of the school district determines that the employment contract of any provisional employee should not be renewed by the district for the next ensuing term such provisional employee shall be notified thereof in writing on or before May 15th preceding the commencement of such school term, which notification shall state the reason or reasons for such determination. Such notice shall be served upon the provisional employee personally, or by certified or registered mail, or by leaving a copy of the notice at the place of his or her usual abode with some person of suitable age and discretion then resident therein. The determination of the superintendent shall be subject to the evaluation requirements of RCW 28A.67.065, as now or hereafter amended.

Every such provisional employee so notified, at his or her request made in writing and filed with the superintendent of the district within ten days after receiving such notice, shall be given the opportunity to meet informally with the superintendent for the purpose of requesting the superintendent to reconsider his or her decision. Such meeting shall be held no later than ten days following the receipt of such request, and the provisional employee shall be given written notice of the date, time and place of meeting at least three days prior thereto. At such meeting the provisional employee shall be given the opportunity to refute any facts upon which the superintendent's determination was based and to make any argument in support of his or her request for reconsideration.

Within ten days following the meeting with the provisional employee, the superintendent shall either reinstate the provisional employee or shall submit to the school district board of directors for consideration at its next regular meeting a written report recommending that the employment contract of the provisional employee be nonrenewed and stating the reason or reasons therefor. A copy of such report shall be delivered to the provisional employee at least three days prior to the scheduled meeting of the board of directors. In taking action upon the recommendation of the superintendent, the board of directors shall consider any written communication which the provisional employee may file with the secretary of the board at any time prior to that meeting.

The board of directors shall notify the provisional employee in writing of its final decision within ten days following the meeting at which the superintendent's recommendation was considered. The decision of the board of directors to nonrenew the contract of a provisional employee shall be final and not subject to appeal.

This section applies to any person employed by a school district in a teaching or other nonsupervisory certificated position after ((~~June 25, 1976~~)) the effective date of this 1985 act. This section provides the exclusive means for nonrenewing the employment contract of a provisional employee and no other provision of law shall be applicable thereto, including, without limitation, RCW 28A.67.070, and chapter 28A.88 RCW, as now or hereafter amended.

Sec. 8. Section 28A.01.025, chapter 223, Laws of 1969 ex. sess. and RCW 28A.01.025 are each amended to read as follows:

The school year for all matters pertaining to teacher certification or for computing experience in teaching shall consist of not fewer than one hundred eighty school days but not fewer than one hundred ninety days by the 1989-91 biennium with three days added during each biennium after the effective date of this 1985 act. Each day over one hundred eighty shall be used for professional training and development with additional compensation provided.

NEW SECTION. Sec. 9. A new section is added to chapter 28A.71 RCW to read as follows:

Each school district shall establish an in-service training task force who shall design, maintain, and periodically update a staff development needs assessment plan for certificated employees based on individual and building-level plans. The plan shall include methods for establishing specific planned programs for professional improvement and enhancement for each certificated teacher relating to needs identified in the evaluation process and necessary for advancement or maintaining current levels on the career ladder. The goals and objectives of the plan shall be identified and reviewed by the school district superintendent. Plans shall be developed for each school. The school districts shall seek the assistance of educational service districts in developing the plan. The educational service districts shall provide for regional coordination as necessary.

NEW SECTION. Sec. 10. A new section is added to chapter 28A.70 RCW to read as follows:

The state board of education shall adopt rules for the issuance of an intern certificate valid for a one-year period to qualified applicants without prior classroom experience. A person holding an intern certificate shall spend eighty percent of his or her time in classroom teaching and twenty percent observing and working with other certificated classroom teachers to perfect skills and for problem solving.

NEW SECTION. Sec. 11. A new section is added to chapter 28A.70 RCW to read as follows:

The state board of education shall adopt and enforce rules for the renewal of all continuing certificates every five years. The rules shall establish criteria for renewal including but not limited to successful performance and completion of a combination of in-service training and further education.

NEW SECTION. Sec. 12. The sum of twenty-five thousand dollars, or as much thereof as may be necessary, is appropriated for the biennium ending June 30, 1987, from the general fund to the superintendent of public instruction for the purposes of section 2 of this act.

NEW SECTION. Sec. 13. The sum of four million four hundred thousand dollars, or as much thereof as may be necessary, is appropriated for the biennium ending June 30, 1987, from the general fund to the superintendent of public instruction for in-service training and programs under sections 8 and 9 of this act.

NEW SECTION. Sec. 14. The sum of sixty-eight million dollars, or as much thereof as may be necessary, is appropriated for the biennium ending June 30, 1987, from the general fund to the superintendent of public instruction for the purposes of the career ladder under section 1 of this act.