AN ACT Relating to education; amending RCW 84.52.0531, 28A.41.130, 28A.41.140, 28A.58.754, 41.59.935, 28A.02.325, 28A.03.425, 28A.03.523, and 28A.58.842; adding new sections to chapter 28A.41 RCW; adding a new section to chapter 28A.58 RCW; creating a new section; repealing RCW 28A.58.093, 28A.58.095, and 41.56.960; and providing an effective date.

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

NEW SECTION. Sec. 1. The legislature finds that funding the common schools requires sufficiency, flexibility, stability, and equality, all within broad state guidelines. The legislature intends to establish a ten-year plan for school funding. This plan will increase the state revenue to school districts, while providing a maximum flexibility for local school district expenditure of such revenues, so long as districts meet or exceed the ratios of instructional personnel per students required by the state.

The legislature intends to establish the limitation on school districts' maintenance and operation levies at twenty percent of the districts' base revenue, with ten percent to be equalized on a state-wide basis. The legislature further intends to establish a modern school financing system for compensation of school personnel, by providing maximum local flexibility, increased staff development time, and enriched ratios of instructional personnel per students.

The legislature also finds that the adoption of a refined state-wide salary allocation schedule for certificated instructional personnel will encourage the recruitment and retention of able individuals to the teaching profession, while limiting the state and local paperwork associated with current rules governing educational salaries and other expenditures.

PART I

FINANCING OUR SCHOOLS

Sec. 101. Section 1, chapter 374, Laws of 1985 and RCW 84.52.0531 are each amended to read as follows:

The maximum dollar amount which may be levied by or for any school district for maintenance and operation support under the provisions of RCW 84.52.053 shall be determined as follows:

(1) For excess levies ((~~in 1985~~)) for collection in ((~~1986 and thereafter~~)) 1988, the maximum dollar amount shall be the sum of:

(a) That amount equal to ((~~ten percent of each school~~)) the district's base year levy percentage as defined in subsection (3) of this section multiplied by the district's prior year basic education allocation; plus

(b) That amount equal to ((~~ten percent of each school~~)) the district's base year levy percentage multiplied by the district's prior year state allocation, exclusive of federal funds, for the following programs:

(i) Pupil transportation;

(ii) Handicapped education costs;

(iii) Gifted; and

(iv) Compensatory education, including but not limited to remediation assistance, bilingual education, and urban, rural, racial disadvantaged programs; plus

(c) In the case of nonhigh school districts only, an amount equal to the total estimated amount due by the nonhigh school district to high school districts pursuant to chapter 28A.44 RCW, as now or hereafter amended, for the school year during which collection of the levy is to commence, less the increase in the nonhigh school district's basic education allocation as computed pursuant to subsection ((~~(4)~~)) (2) of this section due to the inclusion of pupils participating in a program provided for in chapter 28A.44 RCW in such computation.

(((2) Excess levies authorized under this section or under RCW 84.52.052 shall not be used directly or indirectly to increase the average salary or fringe benefits for certificated or classified personnel in any school district: PROVIDED, That any school district may expend excess levy funds to provide increases in salary and fringe benefits for classified or certificated personnel whose salary and fringe benefits are provided wholly from local school district excess levies in a percentage not to exceed the respective average percentage increases in the salary and fringe benefit levels for classified and certificated employees of the district funded with state appropriated funds: PROVIDED FURTHER, That those contracts which have been negotiated prior to July 1, 1977 by those school districts for such school year shall not be abrogated by this section. "Fringe benefits" for purposes of this subsection shall include:

~~(a) Employer retirement contributions, if applicable;~~

~~(b) Health and insurance payments including life, accident, disability, unemployment compensation, and workmen's compensation; and~~

~~(c) Employer social security contributions.~~

(3) Any school district whose average base compensation for certificated or classified personnel respectively is below state-wide average base compensation level for certificated or classified personnel during the preceding school year, may collect and expend property taxes authorized by this section, or under RCW 84.52.052, for the purpose of increasing such district's average compensation for certificated or classified personnel as allowed in the latest applicable state operating budget. "Compensation", for purposes of this subsection, shall mean salary plus fringe benefits for classified and certificated personnel of a school district as allowed in the latest applicable state operating budget.

~~(4)~~)) (2) For the purpose of this section, the basic education allocation shall be determined pursuant to RCW 28A.41.130, 28A.41.140, and 28A.41.145, as now or hereafter amended: PROVIDED, That when determining the basic education allocation under subsections (1) and (5) of this section, ((~~effective September 1, 1979,~~)) nonresident full time equivalent pupils who are participating in a program provided for in chapter 28A.44 RCW or in any other program pursuant to an interdistrict agreement shall be included in the enrollment of the resident district and excluded from the enrollment of the serving district.

((Certificated personnel shall include those persons employed by a school district in a teaching, instructional, administrative or supervisory capacity and who hold positions as certificated personnel as defined under RCW 28A.01.130, as now or hereafter amended, and every school district superintendent, and any person hired in any manner to fill a position designated as, or which is in fact, that of deputy superintendent or assistant superintendent. Classified personnel shall include those persons employed by a school district other than certificated personnel as defined in this section in a capacity for which certification is not required.

~~(5) Any district is authorized to exceed the levy limitations imposed by subsection (1) for taxes to be collected during calendar years 1985 through 1993 as follows:~~

~~(a)~~)) (3) For excess levies to be collected in calendar year((~~s 1986, 1987, and~~)) 1988, a base year levy percentage shall be established, which shall be the greater of twenty percent or the district's maximum levy percentage for levies collected in 1987 or 1988, whichever is more. The base year levy percentage shall be equal to the greater of: ((~~(i)~~)) (a) The district's actual levy percentage for calendar year 1985, ((~~(ii)~~)) (b) the average levy percentage for all school district levies in the state in calendar year 1985, or ((~~(iii)~~)) (c) the average levy percentage for all school district levies in the educational service district of the district in calendar year 1985.

(((b) The base year levy percentage established in (a) of this subsection shall be reduced in even increments beginning in calendar year 1989. The incremental reduction shall equal one-fifth of the percentage points the base year levy percentage exceeds the amount authorized in subsection (1) of this section.

(c) For excess levies to be collected in calendar year 1993, the maximum dollar amount which may be levied by or for any school district shall not exceed the amount authorized in subsection (1) of this section. The provisions of this subsection shall not apply to excess levies to be collected after calendar year 1993.

~~(6)~~)) (4) For excess levies for collection in 1989 and thereafter, the maximum dollar amount shall be the total of:

(a) The district's levy base as defined in subsection (5) of this section multiplied by the district's maximum levy percentage as defined in subsection (6) of this section; plus

(b) In the case of nonhigh districts only, an amount equal to the total estimated amount due by the nonhigh school district to high school districts pursuant to chapter 28A.44 RCW for the school year during which collection of the levy is to commence, less the increase in the nonhigh school district's basic education allocation as computed pursuant to subsection (2) of this section due to the inclusion of pupils participating in a program provided for in chapter 28A.44 RCW in such computation; less

(c) The maximum amount of state matching funds under section 102 of this 1987 act for which the district is eligible in that tax collection year.

(5) For levies collected in calendar year 1989 and thereafter, a district's levy base shall be the sum of the district's prior school year allocations of state and federal funds, including allocations for compensation increases, for the following programs and purposes:

(a) General apportionment (basic education);

(b) Secondary vocational education;

(d) Handicapped education;

(e) Education of highly capable students;

(f) Compensatory education, including but not limited to remediation assistance, migrant education, Indian education, and bilingual education;

(g) Food services;

(h) The amount of direct federal grants based on the most recent and verified school year data available to the superintendent of public instruction; and

(i) The sum of (a) through (h) of this subsection improved by the percent increase per full time equivalent student in the state basic education appropriation between the prior school year and the current school year.

(6)(a) The district's maximum levy percentage for levies collected in the following calendar years shall be the levy percentage charged by a district in 1988 under subsection (3) of this section reduced as follows:

(i) For calendar years 1989 and 1990, the reduction shall be one-fifth of the percentage points above twenty percent;

(ii) For calendar years 1991 and 1992, the reduction shall be two-fifths of the percentage points above twenty percent;

(iii) For calendar years 1993 and 1994, the reduction shall be three-fifths of the percentage points above twenty percent; and

(iv) For calendar years 1995 and 1996, the reduction shall be four-fifths of the percentage points above twenty percent.

(b) For calendar year 1997 and each year thereafter, the maximum levy percentage shall be twenty percent.

(7) For the purposes of this section, "prior school year" shall mean the most recent school year completed prior to the year in which the levies are to be collected.

(8) For the purposes of this section, "current school year" shall mean the year following the prior school year as defined in subsection (7) of this section.

(9) Notwithstanding any other provisions of this section to the contrary, for excess levies for collection in 1989 and thereafter, the maximum dollar amount that could otherwise be levied by a school district under the provisions of this section shall be reduced by an amount equal to the maximum amount of matching moneys the school district could receive under section 102 of this 1987 act.

(10) The superintendent of public instruction shall develop rules and regulations and inform school districts of the pertinent data necessary to carry out the provisions of this section.

NEW SECTION. Sec. 102. A new section is added to chapter 28A.41 RCW to read as follows:

(1) Commencing with taxes assessed in 1988 to be collected in calendar year 1989 and thereafter, in addition to a school district's other general fund allocations, each eligible district shall be provided local effort assistance funds if funds are made specifically available by the legislature to be determined as provided in this section. Such funds are not part of the district's basic education allocation but the legislature intends to appropriate funds as necessary to implement this section.

(2) (a) "Prior tax collection year" shall mean the year immediately preceding the year in which the local effort assistance shall be allocated.

(b) The "state-wide average ten percent levy rate" shall mean ten percent of the total levy bases as defined in RCW 84.52.0531(5) summed for all school districts, and divided by the total assessed valuation for excess levy purposes in the prior tax collection year for all districts as adjusted to one hundred percent by the county indicated ratio established in RCW 84.48.075.

(i) Ten percent of the district's levy base as defined in RCW 84.52.0531(5), plus one-half of any amount computed under RCW 84.52.0531(4)(b) in the case of nonhigh school districts; divided by

(ii) The district's assessed valuation for excess levy purposes for the prior tax collection year as adjusted to one hundred percent by the county indicated ratio.

(d) "Eligible districts" shall mean those districts with a ten percent levy rate which exceeds the state-wide average ten percent levy rate.

(3) Allocation of state matching funds to eligible districts for local effort assistance shall be determined as follows:

(a) Funds raised by the district through maintenance and operation levies during that tax collection year shall be matched with state funds using the following ratio of state funds to levy funds: (i) The difference between the district's ten percent levy rate and the state-wide average ten percent levy rate; to (ii) the state-wide average ten percent levy rate.

(b) The maximum amount of state matching funds for which a district may be eligible in any tax collection year shall be ten percent of the district's levy base as defined in RCW 84.52.0531(5), multiplied by the following percentage: (i) The difference between the district's ten percent levy rate and the state-wide average ten percent levy rate; divided by (ii) the district's ten percent levy rate.

(4) Fifty-five percent of local effort assistance funds shall be distributed to qualifying districts during the applicable tax collection year on or before June 30 and forty-five percent shall be distributed on or before December 31 of any year.

PART II

ENHANCING SCHOOL MANAGEMENT

Sec. 201. Section 2, chapter 46, Laws of 1973 as last amended by section 1, chapter 144, Laws of 1986 and RCW 28A.41.130 are each amended to read as follows:

From those funds made available by the legislature for the current use of the common schools, the superintendent of public instruction shall distribute annually as provided in RCW 28A.48.010 to each school district of the state operating a program approved by the state board of education an amount which, when combined with an appropriate portion of such locally available revenues, other than receipts from federal forest revenues distributed to school districts pursuant to RCW 28A.02.300 and 28A.02.310, as the superintendent of public instruction may deem appropriate for consideration in computing state equalization support, excluding excess property tax levies, will constitute a basic education allocation in dollars for each annual average full time equivalent student enrolled, based upon one full school year of one hundred eighty days, except that for kindergartens one full school year shall be one hundred eighty half days of instruction, or the equivalent as provided in RCW 28A.58.754, as now or hereafter amended.

Basic education shall be considered to be fully funded by those amounts of dollars appropriated by the legislature pursuant to RCW 28A.41.130 and 28A.41.140 to fund those program requirements identified in RCW 28A.58.754 in accordance with the formula and ratios provided in RCW 28A.41.140 and those amounts of dollars appropriated by the legislature to fund the salary requirements of sections 203 and 204 of this 1987 act.

Operation of a program approved by the state board of education, for the purposes of this section, shall include a finding that the ratio of students per classroom teacher in grades kindergarten through three is not greater than the ratio of students per classroom teacher in grades four and above for such district: PROVIDED, That for the purposes of this section, "classroom teacher" shall be defined as an instructional employee possessing at least a provisional certificate, but not necessarily employed as a certificated employee, whose primary duty is the daily educational instruction of students: PROVIDED FURTHER, That the state board of education shall adopt rules and regulations to insure compliance with the student/teacher ratio provisions of this section, and such rules and regulations shall allow for exemptions for those special programs and/or school districts which may be deemed unable to practicably meet the student/teacher ratio requirements of this section by virtue of a small number of students.

If a school district's basic education program fails to meet the basic education requirements enumerated in RCW 28A.41.130, 28A.41.140 and 28A.58.754, the state board of education shall require the superintendent of public instruction to withhold state funds in whole or in part for the basic education allocation until program compliance is assured: PROVIDED, That the state board of education may waive this requirement in the event of substantial lack of classroom space.

Sec. 202. Section 14, chapter 244, Laws of 1969 ex. sess. as last amended by section 5, chapter 349, Laws of 1985 and RCW 28A.41.140 are each amended to read as follows:

The basic education allocation for each annual average full time equivalent student shall be determined in accordance with the following procedures:

(1) The governor shall and the superintendent of public instruction may recommend to the legislature a formula based on a ratio of students to staff for the distribution of a basic education allocation for each annual average full time equivalent student enrolled in a common school. The distribution formula shall have the primary objective of equalizing educational opportunities and shall provide appropriate recognition of the following costs among the various districts within the state:

((~~(1)~~)) (a) Certificated ((~~staff~~)) instructional personnel and their related costs;

((~~(2)~~)) (b) Certificated administrative personnel and their related costs;

((~~(3)~~)) (d) Nonsalary costs;

((~~(4)~~)) (e) Extraordinary costs of remote and necessary schools and small high schools, including costs of additional certificated and classified personnel; and

((~~(5)~~)) (f) The attendance of students pursuant to RCW 28A.58.075 and 28A.58.245, each as now or hereafter amended, who do not reside within the servicing school district.

(2) This formula for distribution of basic education funds shall be reviewed biennially by the superintendent and governor. The recommended formula shall be subject to approval, amendment or rejection by the legislature. ((Commencing with the 1980-81 school year, the formula adopted by the legislature shall reflect a ratio of not less than fifty certificated personnel to one thousand annual average full time equivalent students and one classified person to three certificated personnel.)) The formula adopted by the legislature shall be as follows:

(a) For the 1987-89 biennium:

(i) For certificated instructional personnel:

(A) For kindergarten through grade twelve, a ratio of not less than forty-six certificated instructional personnel per one thousand full time equivalent students enrolled in such grades;

(B) For kindergarten through grade twelve, not less than one additional certificated instructional personnel per one thousand full time equivalent students enrolled in such grades; and

(C) For kindergarten through grade three, not less than one additional certificated instructional personnel per one thousand full time equivalent students enrolled in such grades;

(ii) For certificated administrative personnel, a ratio of not less than four certificated administrative personnel per one thousand full time equivalent students enrolled in kindergarten through grade twelve; and

(iii) For classified personnel:

(A) For the 1987-88 school year, a ratio of not less than one classified person per three certificated personnel generated under (a)(i)(A) and (a)(ii) of this subsection; and

(B) For the 1988-89 school year, a ratio of not less than one classified person per three certificated personnel generated under (a)(i)(A), (a)(i)(B), and (a)(ii) of this subsection.

(b) For the 1989-91 biennium:

(i) For certificated instructional personnel:

(A) For kindergarten through grade twelve, a ratio of not less than forty-seven certificated instructional personnel per one thousand full time equivalent students enrolled in such grades;

(B) For kindergarten through grade twelve, not less than one additional certificated instructional personnel per one thousand full time equivalent students enrolled in such grades; and

(C) For kindergarten through grade three, not less than one additional certificated instructional personnel per one thousand full time equivalent students enrolled in such grades;

(iii) For classified personnel:

(A) For the 1989-90 school year, a ratio of not less than one classified person per three certificated personnel generated under (b)(i)(A) and (b)(ii) of this subsection; and

(B) For the 1990-91 school year, a ratio of not less than one classified person per three certificated personnel generated under (b)(i)(A), (b)(i)(B), and (b)(ii) of this subsection.

(i) For certificated instructional personnel:

(A) For kindergarten through grade twelve, a ratio of not less than forty-eight certificated instructional personnel per one thousand full time equivalent students enrolled in such grades;

(B) For kindergarten through grade twelve, not less than one additional certificated instructional personnel per one thousand full time equivalent students enrolled in such grades; and

(C) For kindergarten through grade three, not less than one additional certificated instructional personnel per one thousand full time equivalent students enrolled in such grades;

(iii) For classified personnel:

(A) For the 1991-92 school year, a ratio of not less than one classified person per three certificated personnel generated under (c)(i)(A) and (c)(ii) of this subsection; and

(B) For the 1992-93 school year, a ratio of not less than one classified person per three certificated personnel generated under (c)(i)(A), (c)(i)(B), and (c)(ii) of this subsection.

(d) For the 1993-95 biennium:

(i) For certificated instructional personnel:

(A) For kindergarten through grade twelve, a ratio of not less than forty-nine certificated instructional personnel per one thousand full time equivalent students enrolled in such grades;

(B) For kindergarten through grade twelve, not less than one additional certificated instructional personnel per one thousand full time equivalent students enrolled in such grades; and

(C) For kindergarten through grade three, not less than one additional certificated instructional personnel per one thousand full time equivalent students enrolled in such grades;

(iii) For classified personnel:

(A) For the 1993-94 school year, a ratio of not less than one classified person per three certificated personnel generated under (d)(i)(A) and (d)(ii) of this subsection; and

(B) For the 1994-95 school year, a ratio of not less than one classified person per three certificated personnel generated under (d)(i)(A), (d)(i)(B), and (d)(ii) of this subsection.

(e) For the 1995-97 biennium:

(i) For certificated instructional personnel:

(A) For kindergarten through grade twelve, a ratio of not less than fifty certificated instructional personnel per one thousand full time equivalent students enrolled in such grades; and

(B) For kindergarten through grade twelve, not less than one additional certificated instructional personnel per one thousand full time equivalent students enrolled in such grades;

(iii) For classified personnel:

(A) For the 1995-96 school year, a ratio of not less than one classified person per three certificated personnel generated under (e)(i)(A) and (e)(ii) of this subsection; and

(B) For the 1996-97 school year, a ratio of not less than one classified person per three certificated personnel generated under (e)(i)(A), (e)(i)(B), and (e)(ii) of this subsection.

(f) For the 1997-98 school year and each year thereafter:

(i) For certificated instructional personnel, a ratio of not less than fifty-one certificated instructional personnel per one thousand full time equivalent students enrolled in kindergarten through grade twelve;

(iii) For classified personnel, a ratio of not less than one classified person per three certificated personnel generated under (f)(i) and (f)(ii) of this subsection.

In the event the legislature rejects the distribution formula recommended by the governor, without adopting a new distribution formula, the distribution formula for the previous school year shall remain in effect: PROVIDED, That the distribution formula developed pursuant to this section shall be for state apportionment and equalization purposes only and shall not be construed as mandating specific operational functions of local school districts other than those program requirements identified in RCW 28A.58.754. The enrollment of any district shall be the annual average number of full time equivalent students and part time students as provided in RCW 28A.41.145, as now or hereafter amended, enrolled on the fourth school day following the commencement of the school year and on the first school day of each month: PROVIDED, That for the districts beginning basic education programs before September, the first month enrollment count shall be made on the fourth school day in September. The definition of full time equivalent student shall be determined by rules and regulations of the superintendent of public instruction: PROVIDED, That the definition shall be included as part of the superintendent's biennial budget request: PROVIDED, FURTHER, That any revision of the present definition shall not take effect until approved by the house appropriations committee and the senate ways and means committee: PROVIDED, FURTHER, That the office of financial management shall make a monthly review of the superintendent's reported full time equivalent students in the common schools in conjunction with RCW 43.62.050.

(3) (a) Certificated ((~~staff~~)) instructional personnel shall include those persons employed by a school district ((in a teaching, instructional, educational staff associate, learning resources specialist, administrative or supervisory capacity and who hold positions as certificated employees as defined under RCW 28A.01.130, as now or hereafter amended, and every school district superintendent, and any person hired in any manner to fill a position designated as, or which is in fact, that of deputy superintendent or assistant superintendent)) who are nonsupervisory employees within the meaning of RCW 41.59.020(8): PROVIDED, That in exceptional cases, people of unusual competence but without certification may teach students so long as a certificated person exercises general supervision: PROVIDED, FURTHER, That the hiring of such noncertificated people shall not occur during a labor dispute and such noncertificated people shall not be hired to replace certificated employees during a labor dispute.

(b) Certificated administrative personnel shall include all those persons who are chief executive officers, chief administrative officers, confidential employees, supervisors, principals, or assistant principals within the meaning of RCW 41.59.020(4).

(4) Each annual average full time equivalent certificated employee's base contract year shall be a minimum of one hundred eighty-two days, including staff development time.

(5) Each annual average full time equivalent certificated classroom teacher's direct classroom contact hours shall average at least twenty-five hours per week. Direct classroom contact hours shall be exclusive of time required to be spent for preparation, conferences, or any other nonclassroom instruction duties. Up to two hundred minutes per week may be deducted from the twenty-five contact hour requirement, at the discretion of the school district board of directors, to accommodate authorized teacher/parent-guardian conferences, recess, passing time between classes, and informal instructional activity. Implementing rules to be adopted by the state board of education pursuant to RCW 28A.58.754(6) shall provide that compliance with the direct contact hour requirement shall be based upon teachers' normally assigned weekly instructional schedules, as assigned by the district administration. Additional record-keeping by classroom teachers as a means of accounting for contact hours shall not be required. However, upon request from the board of directors of any school district, the provisions relating to direct classroom contact hours for individual teachers in that district may be waived by the state board of education if the waiver is necessary to implement a locally approved plan for educational excellence and the waiver is limited to those individual teachers approved in the local plan for educational excellence. The state board of education shall develop criteria to evaluate the need for the waiver. Granting of the waiver shall depend upon verification that: (a) The students' classroom instructional time will not be reduced; and (b) the teacher's expertise is critical to the success of the local plan for excellence.

NEW SECTION. Sec. 203. A new section is added to chapter 28A.41 RCW to read as follows:

For the purposes of sections 204 and 205 of this act, "basic education certificated instructional personnel" shall mean all full-time-equivalent certificated instructional personnel reported by school districts in annual personnel reports to the superintendent of public instruction in the following programs as defined for state-wide school district accounting purposes: Basic education, secondary vocational education, general instructional support, and general support.

NEW SECTION. Sec. 204. A new section is added to chapter 28A.41 RCW to read as follows:

A state-wide salary allocation schedule for basic education certificated personnel is hereby established as follows:

@lb @h0 STATE-WIDE SALARY ALLOCATION SCHEDULE

!tp1,1,1,1,1,1 !trYears

!trof

!trService!trBA!trBA+15!trBA+30!trBA+45!trBA+90

!w×

@h1 !tr0!tr1.000!tr1.027!tr1.055!tr1.083!tr1.173

!tr1!tr1.037!tr1.065!tr1.094!tr1.124!tr1.217

!tr2!tr1.075!tr1.104!tr1.134!tr1.167!tr1.262

!tr3!tr1.115!tr1.145!tr1.176!tr1.211!tr1.308

!tr4!tr1.156!tr1.188!tr1.220!tr1.257!tr1.357

!tr5!tr1.199!tr1.232!tr1.265!tr1.305!tr1.407

!tr6!tr1.244!tr1.277!tr1.312!tr1.355!tr1.459

!tr7!tr1.290!tr1.324!tr1.360!tr1.406!tr1.513

!tr8!tr1.337!tr1.373!tr1.410!tr1.460!tr1.569

!tr9!tj1!tr1.424!tr1.463!tr1.515!tr1.627

!tr10!tj2!tr1.517!tr1.573!tr1.687

!tr11!tj3!tr1.633!tr1.750

!tr12!tj4!tr1.815

!tr13!tj4!tr1.882

@h3

@h0 STATE-WIDE SALARY ALLOCATION SCHEDULE

!tp1,1,1,1,1,1 !trYears

!trof

!trService !trBA+135!trMA!trMA+45!trMA+90!trPHD

!w×

@h1 !tr0!tr1.231!tr1.231!tr1.268!tr1.305!tr1.305

!tr1!tr1.276!tr1.276!tr1.315!tr1.353!tr1.353

!tr2!tr1.323!tr1.323!tr1.363!tr1.403!tr1.403

!tr3!tr1.372!tr1.372!tr1.414!tr1.455!tr1.455

!tr4!tr1.423!tr1.423!tr1.466!tr1.509!tr1.509

!tr5!tr1.476!tr1.476!tr1.520!tr1.564!tr1.564

!tr6!tr1.530!tr1.530!tr1.576!tr1.622!tr1.622

!tr7!tr1.587!tr1.587!tr1.635!tr1.682!tr1.682

!tr8!tr1.646!tr1.646!tr1.696!tr1.745!tr1.745

!tr9!tr1.707!tr1.707!tr1.758!tr1.809!tr1.809

!tr10!tr1.770!tr1.770!tr1.823!tr1.876!tr1.876

!tr11!tr1.835!tr1.835!tr1.890!tr1.945!tr1.945

!tr12!tr1.903!tr1.903!tr1.960!tr2.017!tr2.017

!tr13!tr1.973!tr1.973!tr2.033!tr2.092!tr2.092

!tr14!tr2.046!tr2.046!tr2.108!tr2.169!tr2.169

!tr20!tj1!tr2.121!tr2.185!tr2.249!tr2.249

!tr25!tj1!tr2.198!tr2.264!tr2.330!tr2.330

@h3 @la The legislature shall specify in the operating appropriations act the minimum salaries, pursuant to section 205 of this act. The superintendent of public instruction shall calculate allocations for all school districts' state-funded basic education certificated instructional personnel under RCW 28A.41.140 by use of this salary allocation schedule and those minimum salaries set forth in the operating appropriations act. The superintendent of public instruction shall develop rules under chapter 34.04 RCW to implement this section.

NEW SECTION. Sec. 205. A new section is added to chapter 28A.58 RCW 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 personnel shall not be less than the salary provided in the state operating appropriations act and the state-wide salary allocation schedule for an employee with a baccalaureate degree and zero years of service; and

(b) Salaries for certificated instructional personnel with a masters degree shall not be less than the salary provided in the state operating appropriations act and the state-wide salary allocation schedule for an employee with a masters degree and zero years of service;

(3)(a) The actual average salary paid to basic education certificated instructional personnel shall not exceed the district's average basic education certificated instructional staff salary used for the state basic education allocations for that school year as determined pursuant to section 204 of this act.

(b) Salary for certificated instructional personnel in programs other than basic education shall be consistent with the salary paid to certificated instructional personnel in the basic education program.

(4) Salaries for certificated instructional personnel may exceed the limitations in subsection (3) of this section only by separate contract for additional duties, responsibilities, or other agreed upon purposes as set forth in the local bargaining agreement. 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.67.074, shall not exceed one year, and if not renewed shall not constitute adverse change in accordance with RCW 28A.58.450 through 28A.58.515.

Sec. 206. Section 3, chapter 359, Laws of 1977 ex. sess. as last amended by section 1, chapter 158, Laws of 1982 and RCW 28A.58.754 are each amended to read as follows:

(1) For the purposes of this section and RCW 28A.41.130 and 28A.41.140, each as now or hereafter amended:

(a) The term "total program hour offering" shall mean those hours when students are provided the opportunity to engage in educational activity planned by and under the direction of school district staff, as directed by the administration and board of directors of the district, inclusive of intermissions for class changes, recess and teacher/parent-guardian conferences which are planned and scheduled by the district for the purpose of discussing students' educational needs or progress, and exclusive of time actually spent for meals.

(b) "Instruction in work skills" shall include instruction in one or more of the following areas: Industrial arts, home and family life education, business and office education, distributive education, agricultural education, health occupations education, vocational education, trade and industrial education, technical education and career education.

(c) "Certificated instructional personnel" means those non- administrative and nonsupervisory certificated employees who provide instructional and instructional support services to or in behalf of students within the meaning of RCW 41.59.020(8).

(2) Satisfaction of the basic education goal identified in RCW 28A.58.752 shall be considered to be implemented by the following program requirements:

(a) Each school district shall make available to students in kindergarten at least a total program offering of four hundred fifty hours. The program shall include reading, arithmetic, language skills and such other subjects and such activities as the school district shall determine to be appropriate for the education of the school district's students enrolled in such program;

(b) Each school district shall make available to students in grades one through three, at least a total program hour offering of two thousand seven hundred hours. A minimum of ninety-five percent of the total program hour offerings shall be in the basic skills areas of reading/language arts (which may include foreign languages), mathematics, social studies, science, music, art, health and physical education. The remaining five percent of the total program hour offerings may include such subjects and activities as the school district shall determine to be appropriate for the education of the school district's students in such grades;

(c) Each school district shall make available to students in grades four through six at least a total program hour offering of two thousand nine hundred seventy hours. A minimum of ninety percent of the total program hour offerings shall be in the basic skills areas of reading/language arts (which may include foreign languages), mathematics, social studies, science, music, art, health and physical education. The remaining ten percent of the total program hour offerings may include such subjects and activities as the school district shall determine to be appropriate for the education of the school district's students in such grades;

(d) Each school district shall make available to students in grades seven through eight, at least a total program hour offering of one thousand nine hundred eighty hours. A minimum of eighty-five percent of the total program hour offerings shall be in the basic skills areas of reading/language arts (which may include foreign languages), mathematics, social studies, science, music, art, health and physical education. A minimum of ten percent of the total program hour offerings shall be in the area of work skills. The remaining five percent of the total program hour offerings may include such subjects and activities as the school district shall determine to be appropriate for the education of the school district's students in such grades;

(e) Each school district shall make available to students in grades nine through twelve at least a total program hour offering of four thousand three hundred twenty hours. A minimum of sixty percent of the total program hour offerings shall be in the basic skills areas of language arts, foreign language, mathematics, social studies, science, music, art, health and physical education. A minimum of twenty percent of the total program hour offerings shall be in the area of work skills. The remaining twenty percent of the total program hour offerings may include traffic safety or such subjects and activities as the school district shall determine to be appropriate for the education of the school district's students in such grades, with not less than one-half thereof in basic skills and/or work skills: PROVIDED, That each school district shall have the option of including grade nine within the program hour offering requirements of grades seven and eight so long as such requirements for grades seven through nine are increased to two thousand nine hundred seventy hours and such requirements for grades ten through twelve are decreased to three thousand two hundred forty hours.

(3) In order to provide flexibility to the local school districts in the setting of their curricula, and in order to maintain the intent of this legislation, which is to stress the instruction of basic skills and work skills, any local school district may establish minimum course mix percentages that deviate by up to five percentage points above or below those minimums required by subsection (2) of this section, so long as the total program hour requirement is still met.

(4) Nothing contained in subsection (2) of this section shall be construed to require individual students to attend school for any particular number of hours per day or to take any particular courses.

(5) Each school district's kindergarten through twelfth grade basic educational program shall be accessible to all students who are five years of age, as provided by RCW 28A.58.190, and less than twenty-one years of age and shall consist of a minimum of one hundred eighty school days per school year in such grades as are conducted by a school district, and one hundred eighty half-days of instruction, or equivalent, in kindergarten: PROVIDED, That effective May 1, 1979, a school district may schedule the last five school days of the one hundred and eighty day school year for noninstructional purposes in the case of students who are graduating from high school, including, but not limited to, the observance of graduation and early release from school upon the request of a student, and all such students may be claimed as a full time equivalent student to the extent they could otherwise have been so claimed for the purposes of RCW 28A.41.130 and 28A.41.140, each as now or hereafter amended.

(6) Each school district shall maintain in the basic education program the following ratio of annual average full time equivalent students per each certificated instructional person:

(a) For the 1987-89 biennium, not more than twenty-two and two-tenths annual average full time equivalent students per certificated instructional staff person;

(b) For the 1989-91 biennium, not more than twenty-one and four-tenths annual average full time equivalent students per certificated instructional staff person;

(c) For the 1991-93 biennium, not more than twenty and eight-tenths annual average full time equivalent students per certificated instructional staff person;

(d) For the 1993-95 biennium, not more than twenty and two- tenths annual average full time equivalent students per certificated instructional staff person; and

(e) For the 1995-96 school year and each year thereafter, not more than nineteen and six-tenths annual average full time equivalent students per certificated instructional staff person. For the purposes of this subsection, the computation of annual average full time equivalent students shall exclude the enrollment of handicapped students for the time spent in the handicapped education program assumed for purposes of the allocation of state basic education and handicapped education moneys.

(7) The state board of education shall adopt rules to implement and ensure compliance with the program requirements imposed by this section, RCW 28A.41.130 and 28A.41.140, each as now or hereafter amended, and such related supplemental program approval requirements as the state board may establish: PROVIDED, That each school district board of directors shall establish the basis and means for determining and monitoring the district's compliance with the basic skills and work skills percentage and course requirements of this section. The certification of the board of directors and the superintendent of a school district that the district is in compliance with such basic skills and work skills requirements may be accepted by the superintendent of public instruction and the state board of education.

((~~(7)~~)) (8) Handicapped education programs, vocational-technical institute programs, state institution and state residential school programs, all of which programs are conducted for the common school age, kindergarten through secondary school program students encompassed by this section, shall be exempt from the basic skills and work skills percentage and course requirements of this section in order that the unique needs, abilities or limitations of such students may be met.

((~~(8)~~)) (9) Any school district may petition the state board of education for a reduction in the total program hour offering requirements for one or more of the grade level groupings specified in this section. The state board of education shall grant all such petitions that are accompanied by an assurance that the minimum total program hour offering requirements in one or more other grade level groupings will be exceeded concurrently by no less than the number of hours of the reduction.

Sec. 207. Section 3, chapter 16, Laws of 1981 and RCW 41.59.935 are each amended to read as follows:

Nothing in this chapter shall be construed to grant employers or employees the right to reach agreements regarding salary or compensation increases in excess of those authorized in accordance with ((~~RCW 28A.58.095~~)) sections 204 and 205 of this 1987 act.

Sec. 208. Section 2, chapter 143, Laws of 1986 and RCW 28A.02.325 are each amended to read as follows:

The board of directors of the school district shall make the final determination as to whether an employee suggestion award will be made and shall determine the nature and extent of the award. The award shall not be a regular or supplemental compensation program for all employees and the suggestion must, in fact, result in actual savings greater than the award amount. Any moneys which may be awarded to an employee as part of an employee suggestion program shall not be considered salary or compensation for the purposes of ((~~RCW 28A.58.095~~)) section 205 of this 1987 act or chapter 41.40 RCW.

Sec. 209. Section 5, chapter 278, Laws of 1984 and RCW 28A.03.425 are each amended to read as follows:

The office of the superintendent of public instruction, in consultation with the state board of education, shall prepare model curriculum programs and/or curriculum guidelines in three subject areas each year. These model curriculum programs or curriculum guidelines shall span all grade levels and shall include statements of expected learning outcomes, content, integration with other subject areas, recommended instructional strategies, and suggested resources.

Certificated employees with expertise in the subject area under consideration shall be chosen by the superintendent of public instruction from each educational service district, from a list of persons suggested by their peers, to work with the staff of the superintendent of public instruction to prepare each model curriculum program or curriculum guidelines. Each participant shall be paid his or her regular salary by his or her district, and travel and per diem expenses by the superintendent of public instruction. The superintendent of public instruction shall make selections of additional experts in the subject area under consideration as are needed to provide technical assistance and to review and comment upon the model curriculum programs and/or curriculum guidelines before publication and shall be paid travel and per diem expenses by the superintendent of public instruction as necessary. The model curriculum programs and curriculum guidelines shall be made available to all districts. Participants developing model curriculum programs and/or curriculum guidelines may be used by school districts to provide training or technical assistance or both. After completion of the original development of model curriculum programs or curriculum guidelines, the office of the superintendent of public instruction shall schedule, at least every five years, a regular review and updating of programs and guidelines in each subject matter area. ((Any travel and per diem expenses provided to employees involved in the development of model programs or guidelines shall not be considered salary or compensation for purposes of the limitations established in RCW 28A.58.095.))

Sec. 210. Section 2, chapter 147, Laws of 1986 and RCW 28A.03.523 are each amended to read as follows:

(1) The superintendent of public instruction shall establish an annual award program for excellence in education to recognize teachers, principals, school district superintendents, and school boards for their leadership, contributions, and commitment to education. The program shall recognize annually:

(a) Three teachers from each congressional district of the state. One individual must be an elementary level teacher, one must be a junior high or middle school level teacher, and one must be a secondary level teacher;

(b) Three principals from each congressional district of the state. One individual must be an elementary building principal, one must be a junior high or middle school building principal, and one must be a secondary building principal;

(d) One school district board of directors from the state.

Not more than three teachers and three principals from each congressional district and one superintendent and one school board from the state may be recognized and receive awards in any school year.

(2) The awards for teachers and principals shall include certificates presented by the governor and the superintendent of public instruction at a public ceremony or ceremonies in appropriate locations.

(3) In addition to certificates under subsection (2) of this section, awards for teachers and principals shall include:

(a) A waiver of tuition and fees under RCW 28B.15.547 and a stipend not to exceed one thousand dollars to cover costs incurred in taking courses for which the tuition and fees have been waived under this subsection and RCW 28B.15.547. The stipend shall not be considered compensation for the purposes of ((~~RCW 28A.58.095~~)) section 205 of this 1987 act; or

(b) Teachers and principals, at their discretion, may elect to forego the waiver of tuition and fees and the stipend under subsection (3) of this section and apply for a grant not to exceed one thousand dollars, which grant shall be awarded under the provisions of RCW 28A.03.535. Within one year of receiving the award for excellence in education, teachers and principals shall notify the superintendent of public instruction in writing of their decision to apply for a grant or to receive the waiver of tuition and fees and the stipend under subsection (3) of this section.

Sec. 211. Section 2, chapter 399, Laws of 1985 and RCW 28A.58.842 are each amended to read as follows:

The board of directors of any school district may establish a commendable employee service and recognition award program for certificated and classified school employees. The program shall be designed to recognize exemplary service, special achievements, or outstanding contributions by an individual in the performance of his or her duties as an employee of the school district. The board of directors of the school district shall determine the extent and type of any nonmonetary award. The value of any nonmonetary award shall not be deemed salary or compensation for the purposes of ((~~RCW 28A.58.095~~)) section 205 of this 1987 act or chapter 41.32 RCW.

NEW SECTION. Sec. 212. The following acts or parts of acts are each repealed:

(1) Section 7, chapter 349, Laws of 1985 and RCW 28A.58.093;

(2) Section 2, chapter 16, Laws of 1981, section 1, chapter 275, Laws of 1983, section 1, chapter 245, Laws of 1984 and RCW 28A.58.095; and

(3) Section 4, chapter 16, Laws of 1981 and RCW 41.56.960.

NEW SECTION. Sec. 213. If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected.

NEW SECTION. Sec. 214. This act shall take effect September 1, 1987.