AN ACT Relating to cooperative programs and services between or among school districts; adding new sections to Title 28A RCW; repealing RCW 28A.03.448, 28A.03.449, and 28A.03.450; repealing section 4, chapter 58, Laws of 1985 (uncodified); and making an appropriation.

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

NEW SECTION. Sec. 1. (1) The superintendent of public instruction is authorized to adopt rules governing the granting of waivers from statutory or regulatory provisions which serve as financial disincentives to the establishment among small school districts of cooperative agreements involving the joint operation of programs, services, and the sharing of administrative costs.

(2) Such rules shall include a definition of small school districts and shall require that proposed cooperative projects provide for adequate staffing and evaluation.

(3) The rules shall address provisions of law, including, but not limited to, the following:

(a) Eliminating positions and salary and compensation for the purpose of determining compliance with salary lid or fair share requirements;

(b) Modifying the legislative evaluation and accountability program documents to reflect necessary position changes; and

(c) When the joint operation of programs or services includes the teaching of all or substantially all of the curriculum for a particular grade or grades in only one local school district, determining that the affected students are attending school in the district in which they reside for the purposes of RCW 28A.41.130 and 28A.41.140 and chapter 28A.44 RCW.

(4) Any waiver granted by the superintendent of public instruction shall not exceed five years in length: PROVIDED, That upon completion of the waiver period districts participating in a cooperative project may submit to the superintendent a request for another waiver not to exceed five years in length.

NEW SECTION. Sec. 2. (1) Eligible school districts are encouraged to establish cooperative projects with a primary purpose being to increase curriculum programs and opportunities among the participating districts.

(2) School districts participating in approved cooperative projects shall submit to the superintendent of public instruction a report on the results of the cooperative project by September 1 of each year, for the duration of the project.

(3) The superintendent of public instruction shall submit biennially a report to the legislature on the number of school districts participating in approved cooperative projects. The report shall include findings and recommendations about the cost-effectiveness of the small school district cooperative projects.

NEW SECTION. Sec. 3. (1) The superintendent of public instruction is authorized to allocate state funds, as may be appropriated, to provide technical assistance to eligible districts interested in developing a cooperative project and implementing such project under section 1 of this act.

(2) The superintendent of public instruction is authorized to contract with the rural education center at Washington State University to provide some or all of the technical assistance under subsection (1) of this section.

(3) The director of the rural education center at Washington State University shall be authorized to establish, at his or her discretion, a local funding match requirement as a condition to districts participating in a cooperative project receiving technical assistance from the center under sections 1 and 2 of this act.

NEW SECTION. Sec. 4. The following acts or parts of acts are each repealed:

(1) Section 1, chapter 58, Laws of 1985 and RCW 28A.03.448;

(2) Section 2, chapter 58, Laws of 1985 and RCW 28A.03.449;

(3) Section 3, chapter 58, Laws of 1985 and RCW 28A.03.450; and

(4) Section 4, chapter 58, Laws of 1985 (uncodified).

NEW SECTION. Sec. 5. There is appropriated from the general fund to the superintendent of public instruction for the biennium ending June 30, 1989, the sum of seventy-five thousand dollars, or so much thereof as may be necessary, to carry out the purposes of this act: PROVIDED, That the superintendent shall expend no less than thirty thousand dollars pursuant to section 3(2) of this act.

NEW SECTION. Sec. 6. Sections 1 through 3 of this act are each added to Title 28A RCW.

NEW SECTION. Sec. 7. 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.