AN ACT Relating to school enhancement and accountability; and adding a new chapter to Title 28A RCW.

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

NEW SECTION. Sec. 1. (1) From those funds made available by the legislature, each district shall be eligible to receive a local education program enhancement grant which shall be separate from and in addition to the district's annual basic education allocation. New or existing programs enhanced by local education program enhancement funds provided to districts under this chapter shall not become a part of the state's basic education obligation as set forth by the state Constitution.

(2) Local education program enhancement funds may be used for any educational purpose as determined by the school district board of directors: PROVIDED, That local education program enhancement funds expended at district discretion on programs included under the state's basic program of education shall not be considered an additional funding obligation of the state pursuant to the provisions of Article IX of the state Constitution.

NEW SECTION. Sec. 2. From those funds made available by the legislature, local education program enhancement grants shall be distributed by the superintendent of public instruction to each school district which elects to maintain a local education enhancement program in accordance with the provisions of this chapter.

The local education program enhancement grants shall be allocated on a school year basis and on the basis of full-time equivalent students. For districts enrolling not more than one hundred average annual full-time equivalent students, except as otherwise specified, and for small school plants within any school district, which small plants have been judged to be remote and necessary by the state board of education, the grant shall be distributed as follows:

(1) For grades K-6, for districts enrolling not more than sixty average annual full-time equivalent students, the grant shall be based on sixty full-time equivalent students;

(2) For grades seven and eight, for districts enrolling not more than twenty average annual full-time equivalent students, the grant shall be based on twenty full-time equivalent students; and

(3) For districts that have high schools with sixty or fewer average annual full-time equivalent students, the grant shall be based on sixty full-time equivalent students.

NEW SECTION. Sec. 3. (1) It is the intent of the legislature that funds appropriated in support of this chapter be expended by school districts for special purposes which supplement educational opportunities not otherwise available to students. As a condition to the receipt and expenditure of such local education program enhancement funds each school district shall hold annually at least one public hearing on its proposed enhancement program plan and adopt an enhancement plan which:

(a) Identifies the supplemental educational opportunities to be provided students based upon a consideration of an assessment and prioritization of student needs within the school district;

(b) Includes a means of evaluating the educational benefits received by students based upon the supplemental educational opportunities provided under the district's enhancement program; and

(c) Includes budgeted expenditures in support of the district's enhancement program plan: PROVIDED, That the expenditure plan may be included as part of the district's annual budget required under chapter 28A.65 RCW.

(2) The public hearing required under subsection (1) of this section, and such other public hearings as may be held by the district, may be held as part of the public hearings required pursuant to chapter 28A.65 RCW.

(3) Districts may, and are encouraged to, carry out the provisions of subsection (1) (a) and (b) of this section in conjunction with existing and appropriate state and district assessment and evaluation programs.

(4) Plans developed by districts under subsection (1) of this section, and the expenditure of the local education program enhancement funds, shall be the responsibility of the school district board of directors in accordance with the provisions of RCW 28A.58.758. Only those aspects of the enhancement plan which affect the wages, hours, and terms and conditions of employment shall be subject to chapter 41.59 RCW.

NEW SECTION. Sec. 4. Local education program enhancement funds may be used to: (1) Provide supplemental salary and benefits to certificated staff under RCW 28A.58.0951(4); and (2) provide supplemental salary and benefits to classified staff: PROVIDED, That such supplemental salary and benefits shall be limited to certificated and classified staff who participate in programs supported or developed, or both, pursuant to section 3(1) of this act.

NEW SECTION. Sec. 5. (1) Each school district shall report to the superintendent of public instruction on or before November 1, 1990, and by November 1 of each subsequent even-numbered calendar year, the following information:

(a) The special supplemental purposes for which local education program enhancement funds were expended during each of the preceding two school years; and

(b) The means and the results of evaluating the educational benefits received by students during the preceding two school years pursuant to the offering of supplemental educational opportunities under the district's local education program enhancement plan.

(2) On or before December 31, 1990, and by December 31 of each subsequent even-numbered calendar year, the superintendent of public instruction shall provide the legislature a summary of the school district reports submitted pursuant to this section.

NEW SECTION. Sec. 6. The superintendent of public instruction may adopt rules as necessary under chapter 34.04 RCW to carry out the purposes of this chapter.

NEW SECTION. Sec. 7. Sections 1 through 6 of this act shall constitute a new chapter in Title 28A RCW.

NEW SECTION. Sec. 8. 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.