NINETY-FIFTH DAY

 

MORNING SESSION

Senate Chamber, Olympia, Thursday, April 16, 2009

 

      The Senate was called to order at 10:30 a.m. by President Owen. The Secretary called the roll and announced to the President that all Senators were present with the exception of Senator Rockefeller.

      The Sergeant at Arms Color Guard consisting of Pages Taylor Kay Talcott and Jonathan Lewis, presented the Colors. Senior Pastor Roger Worsham of Rainier View Christian Church offered the prayer.

 

MOTION

 

      On motion of Senator Eide, the reading of the Journal of the previous day was dispensed with and it was approved.

 

MOTION

 

      On motion of Senator Eide, the Senate advanced to the fourth order of business.

 

MESSAGE FROM THE HOUSE

 

April 15, 2009

 

MR. PRESIDENT:

The House has passed the following bills:

      SENATE BILL NO. 5599,

and the same is herewith transmitted.

 

BARBARA BAKER, Chief Clerk

 

MESSAGE FROM THE HOUSE

April 15, 2009

 

MR. PRESIDENT:

The Speaker has signed the following:

      SENATE BILL NO. 5015

      SUBSTITUTE SENATE BILL NO. 5044,

      SUBSTITUTE SENATE BILL NO. 5117,

      SUBSTITUTE SENATE BILL NO. 5267,

      SUBSTITUTE SENATE BILL NO. 5276,

      SENATE BILL NO. 5298,

      SENATE BILL NO. 5303,

      SUBSTITUTE SENATE BILL NO. 5326,

      SENATE BILL NO. 5356,

      SUBSTITUTE SENATE BILL NO. 5480,

      SUBSTITUTE SENATE BILL NO. 5571,

      SENATE BILL NO. 5587,

      SUBSTITUTE SENATE BILL NO. 5613,

      SECOND SUBSTITUTE SENATE BILL NO. 5676,

      SUBSTITUTE SENATE BILL NO. 5752,

      SUBSTITUTE SENATE BILL NO. 5765,

      SUBSTITUTE SENATE BILL NO. 5776,

      SUBSTITUTE SENATE BILL NO. 5797,

      ENGROSSED SUBSTITUTE SENATE BILL NO. 5873,

      SUBSTITUTE SENATE BILL NO. 5882,

      SENATE BILL NO. 6068,

      SENATE JOINT MEMORIAL NO. 8006,

      SENATE JOINT MEMORIAL NO. 8012,

      SENATE JOINT MEMORIAL NO. 8013,

and the same are herewith transmitted.

 

BARBARA BAKER, Chief Clerk

 


MESSAGE FROM THE HOUSE

 

April 15, 2009

 

MR. PRESIDENT:

The House has passed the following bills:

      ENGROSSED SUBSTITUTE HOUSE BILL NO. 2327,

and the same is herewith transmitted.

 

BARBARA BAKER, Chief Clerk

 

MESSAGE FROM THE HOUSE

 

April 15, 2009

 

MR. PRESIDENT:

The Speaker has signed the following:

      SUBSTITUTE HOUSE BILL NO. 1022,

      HOUSE BILL NO. 1063,

      HOUSE BILL NO. 1264,

      SUBSTITUTE HOUSE BILL NO. 1397,

      SUBSTITUTE HOUSE BILL NO. 1413,

      SUBSTITUTE HOUSE BILL NO. 1419,

      HOUSE BILL NO. 1426,

      ENGROSSED HOUSE BILL NO. 1461,

      HOUSE BILL NO. 1498,

      SUBSTITUTE HOUSE BILL NO. 1505,

      SECOND SUBSTITUTE HOUSE BILL NO. 1522,

      SUBSTITUTE HOUSE BILL NO. 1532,

      HOUSE BILL NO. 1578,

      SUBSTITUTE HOUSE BILL NO. 1733,

      SUBSTITUTE HOUSE BILL NO. 1984,

      SUBSTITUTE HOUSE BILL NO. 2052,

      ENGROSSED SUBSTITUTE HOUSE BILL NO. 2105,

      HOUSE JOINT MEMORIAL NO. 4000,

      HOUSE JOINT MEMORIAL NO. 4005,

and the same are herewith transmitted.

 

BARBARA BAKER, Chief Clerk

 

MOTION

 

      On motion of Senator Eide, the Senate advanced to the fifth order of business.

 

INTRODUCTION AND FIRST READING

 

SB 6174             by Senators Brandland, Marr and Hatfield

 

AN ACT Relating to disclosure of information regarding persons who are involved in executions; amending RCW 10.95.180; creating a new section; and declaring an emergency.

 

Referred to Committee on Judiciary.

 

SB 6175             by Senators Kline, Hargrove and Kohl-Welles

 

AN ACT Relating to correctional cost savings; and creating a new section.

 

Referred to Committee on Ways & Means.

 

SB 6176             by Senator Keiser

 

AN ACT Relating to adjusting medical assistance payment rates for hospitals; and amending RCW 74.09.5225.

 

Referred to Committee on Ways & Means.

 

SB 6177             by Senator Kastama

 

AN ACT Relating to public financing of campaigns; amending RCW 42.17.390, 42.17.020, 42.17.095, 42.52.180, 42.17.128, and 42.17.130; adding new sections to chapter 42.17 RCW; creating new sections; and prescribing penalties.

 

Referred to Committee on Government Operations & Elections.

 

SB 6178             by Senators Prentice and Tom

 

AN ACT Relating to general assistance.

 

Referred to Committee on Ways & Means.

 

SB 6179             by Senators Tom, Fairley and Prentice

 

AN ACT Relating to chemical dependency specialist services; and amending RCW 70.96A.037.

 

Referred to Committee on Ways & Means.

 

SB 6180             by Senators Keiser, Tom and Prentice

 

AN ACT Relating to home care workers.

 

Referred to Committee on Ways & Means.

 

SB 6181             by Senators Tom, Prentice and Fairley

 

AN ACT Relating to the intensive resource home pilot; and amending RCW 74.13.800.

 

Referred to Committee on Ways & Means.

 

SB 6182             by Senators Fairley, Prentice and Tom

 

AN ACT Relating to residential habilitation centers; and amending RCW 71A.20.020.

 

Referred to Committee on Ways & Means.

 

ESB 6183           by Senator Regala

 

AN ACT Relating to early deportation of illegal alien offenders; and amending RCW 9.94A.685.

 

Referred to Committee on Ways & Means.

 

INTRODUCTION AND FIRST READING OF HOUSE BILLS

 

EHB 2194          by Representative Appleton

 

AN ACT Relating to extraordinary medical placement for offenders; amending RCW 9.94A.728; and providing an effective date.

 

Referred to Committee on Ways & Means.

 

MOTION

 

      On motion of Senator Eide, all measures listed on the Introduction and First Reading report were referred to the committees as designated.

 


MOTION

 

      On motion of Senator Eide, the Senate advanced to the eighth order of business.

 

MOTION

 

      Senator Swecker moved adoption of the following resolution:

 

SENATE RESOLUTION

8649

 

By Senator Swecker

      WHEREAS, There are more than 700,000 veterans residing in the state of Washington; and

      WHEREAS, 18 percent of the veterans who sought jobs within one to three years of discharge are unemployed; and

      WHEREAS, The state of Washington has made promises in relation to employment for veterans' and their family's sacrifices that they have made in defense to our country and our state; and

      WHEREAS, The laws of the state of Washington have long granted recognition of a veteran's sacrifices by providing preferred employment opportunities for veterans regardless of physical impairment;

      NOW, THEREFORE, BE IT RESOLVED, That on this day, April 16, 2009, the Washington State Senate reaffirms its dedication to the preferred employment opportunities promised to veterans in 1895; and

      BE IT FURTHER RESOLVED, That copies of this resolution be immediately transmitted by the Secretary of the Senate to Disabled American Veterans of Washington.

      Senators Swecker, Hobbs, Shin, Kauffman and Benton spoke in favor of adoption of the resolution.

      The President declared the question before the Senate to be the adoption of Senate Resolution No. 8649.

      The motion by Senator Swecker carried and the resolution was adopted by voice vote.

INTRODUCTION OF SPECIAL GUESTS

 

      The President welcomed and introduced representatives from the Washington State Department of Veterans Affairs; Paul Hardy, Retired Sgt. Majors and Chiefs Association; Ryan Nabors, Vice Chairman, Veterans Legislative Coalition; Stan Gunno, Commander, WA. Disabled American Veterans; Ernest Hume, Adjutant, WA. Disabled American Veterans; Henry Gossage, Chairman, Veterans Legislative Coalition; Cecil Cheeka, Marine Corps League; Commander Lloyd Burroughs, National Association of Black Veterans; Oscar B. Hilman, Retired General; William L. Hughes; Retired Chief Warrant Officer 3, U. S. Army; John Lee, Director, WA. State Department of Veterans Affairs and others who were seated in the gallery.

 

PERSONAL PRIVILEGE

 

Senator Swecker: “Thank you Mr. President. I just want to make a, tell a story about how things have changed since I came home from Vietnam. When I came back I was carrying a Russian-made AK-47 as a trophy rifle. I actually carried it on a sling on my shoulder. We landed at Travis Air Force Base and were disembarked, whatever that means, and I found out that my civilian flight was just about ready to leave so I jumped in a cab, rushed to the civilian airport, ran down the concourse, they waved me through, I ran down the causeway into the aircraft, now remember I’m carrying a AK-47, I have a black beret on, I haven’t shaved for three days and I had a set of wrinkled khaki uniform on. When I got to the aircraft, the stewardess said, ‘May I put that in the closet for you?’ Thank you Mr. President.”

 

PERSONAL PRIVILEGE

 

Senator McCaslin: “As the last standing member of the Senate of World War II, there was some humor in the war. I remember a comedian George Gobel was in the Army, you know I was in the Army then I went to the Air Force later on but they said they stationed him in Tulsa Oklahoma and of course you didn’t have control of where they stationed you but he said, ‘They must of needed me there because no Japanese planes got past Tulsa.”

 

MOTION

 

      On motion of Senator Eide, the Senate reverted to the sixth order of business.

 

SECOND READING

 

      SUBSTITUTE HOUSE BILL NO. 1776, by House Committee on Education Appropriations (originally sponsored by Representatives Ericks, Haigh, Priest, Hunter, Liias, Sullivan, Pedersen, Maxwell, White and Kenney)

 

      Changing school levy provisions.

 

      The measure was read the second time.

 

MOTION

 

      Senator McAuliffe moved that the following committee striking amendment by the Committee on Ways & Means be adopted.

      Strike everything after the enacting clause and insert the following:

      "Sec. 1. RCW 84.52.0531 and 2009 c 4 s 908 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 for collection in calendar year 1997, the maximum dollar amount shall be calculated pursuant to the laws and rules in effect in November 1996.

      (2) For excess levies for collection in calendar year 1998 and thereafter, the maximum dollar amount shall be the sum of (a) plus or minus (b) and (c) of this subsection minus (d) of this subsection:

      (a) The district's levy base as defined in subsections (3) and (4) of this section multiplied by the district's maximum levy percentage as defined in subsection (5) of this section;

      (b) For districts in a high/nonhigh relationship, the high school district's maximum levy amount shall be reduced and the nonhigh school district's maximum levy amount shall be increased by an amount equal to the estimated amount of the nonhigh payment due to the high school district under RCW 28A.545.030(3) and 28A.545.050 for the school year commencing the year of the levy;

      (c) For districts in an interdistrict cooperative agreement, the nonresident school district's maximum levy amount shall be reduced and the resident school district's maximum levy amount shall be increased by an amount equal to the per pupil basic education allocation included in the nonresident district's levy base under subsection (3) of this section multiplied by:

      (i) The number of full-time equivalent students served from the resident district in the prior school year; multiplied by:


       (ii) The serving district's maximum levy percentage determined under subsection (5) of this section; increased by:

      (iii) The percent increase per full-time equivalent student as stated in the state basic education appropriation section of the biennial budget between the prior school year and the current school year divided by fifty-five percent;

      (d) The district's maximum levy amount shall be reduced by the maximum amount of state matching funds for which the district is eligible under RCW 28A.500.010.

      (3) For excess levies for collection in calendar year 2005 and thereafter, a district's levy base shall be the sum of allocations in (a) through (c) of this subsection received by the district for the prior school year and the amounts determined under subsection (4) of this section, including allocations for compensation increases, plus the sum of such allocations multiplied by the percent increase per full time equivalent student as stated in the state basic education appropriation section of the biennial budget between the prior school year and the current school year and divided by fifty-five percent. A district's levy base shall not include local school district property tax levies or other local revenues, or state and federal allocations not identified in (a) through (c) of this subsection.

      (a) The district's basic education allocation as determined pursuant to RCW 28A.150.250, 28A.150.260, and 28A.150.350;

      (b) State and federal categorical allocations for the following programs:

      (i) Pupil transportation;

      (ii) Special education;

      (iii) Education of highly capable students;

      (iv) Compensatory education, including but not limited to learning assistance, migrant education, Indian education, refugee programs, and bilingual education;

      (v) Food services; and

      (vi) Statewide block grant programs; and

      (c) Any other federal allocations for elementary and secondary school programs, including direct grants, other than federal impact aid funds and allocations in lieu of taxes.

      (4) For levy collections in calendar years 2005 through ((2011)) 2014, in addition to the allocations included under subsection (3)(a) through (c) of this section, a district's levy base shall also include the following:

      (a) The difference between the allocation the district would have received in the current school year ((had RCW 84.52.068 not been amended by chapter 19, Laws of 2003 1st sp. sess.)) using the Initiative 728 base and the allocation the district received in the current school year pursuant to RCW 84.52.068((. The office of the superintendent of public instruction shall offset the amount added to a district's levy base pursuant to this subsection (4)(a) by any additional per student allocations included in a district's levy base pursuant to the enactment of an initiative to the people subsequent to June 10, 2004)); and

      (b) The difference between the allocations the district would have received the prior school year ((had RCW 28A.400.205 not been amended by chapter 20, Laws of 2003 1st sp. sess.)) using the Initiative 732 base and the allocations the district actually received the prior school year pursuant to RCW 28A.400.205. ((The office of the superintendent of public instruction shall offset the amount added to a district's levy base pursuant to this subsection (4)(b) by any additional salary increase allocations included in a district's levy base pursuant to the enactment of an initiative to the people subsequent to June 10, 2004.))

      (5) A district's maximum levy percentage shall be twenty-two percent in 1998 and twenty-four percent in 1999 and every year thereafter; plus, for qualifying districts, the grandfathered percentage determined as follows:

      (a) For 1997, the difference between the district's 1993 maximum levy percentage and twenty percent; and

      (b) For 1998 and thereafter, the percentage calculated as follows:

      (i) Multiply the grandfathered percentage for the prior year times the district's levy base determined under subsection (3) of this section;

      (ii) Reduce the result of (b)(i) of this subsection by any levy reduction funds as defined in subsection (6) of this section that are to be allocated to the district for the current school year;

      (iii) Divide the result of (b)(ii) of this subsection by the district's levy base; and

       (iv) Take the greater of zero or the percentage calculated in (b)(iii) of this subsection.

      (6) "Levy reduction funds" shall mean increases in state funds from the prior school year for programs included under subsections (3) and (4) of this section: (a) That are not attributable to enrollment changes, compensation increases, or inflationary adjustments; and (b) that are or were specifically identified as levy reduction funds in the appropriations act. If levy reduction funds are dependent on formula factors which would not be finalized until after the start of the current school year, the superintendent of public instruction shall estimate the total amount of levy reduction funds by using prior school year data in place of current school year data. Levy reduction funds shall not include moneys received by school districts from cities or counties.

      (7) ((For the purposes of this section,)) The definitions in this subsection apply throughout this section unless the context clearly requires otherwise.

      (a) "Prior school year" means 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,)) (b) "Current school year" means the year immediately following the prior school year.

      (c) "Initiative 728 base" means the allocation to the student achievement fund for the prior year that would have been made under chapter 3, Laws of 2001, as approved by the voters, if all annual adjustments to the initial 2001 allocation had been made in previous years and in each subsequent year as provided for under chapter 3, Laws of 2001.

      (d) "Initiative 732 base" means the prior year's annual salary cost-of-living increases as they would have been calculated under chapter 4, Laws of 2001, as approved by the voters, if each annual cost-of-living increase had been made in previous years and in each subsequent year as provided for under chapter 4, Laws of 2001.

      (9) Funds collected from transportation vehicle fund tax levies shall not be subject to the levy limitations in this section.

      (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.

       (11) For calendar year 2009, the office of the superintendent of public instruction shall recalculate school district levy authority to reflect levy rates certified by school districts for calendar year 2009.

      NEW SECTION. Sec. 2. A new section is added to chapter 84.52 RCW to read as follows:

      The legislature recognizes that school districts request voter approval for two-year through four-year levies based on their projected levy capacities at the time that the levies are submitted to the voters. It is the intent of the legislature to permit school districts with voter-approved maintenance and operation levies to seek an additional approval from the voters, if subsequently enacted legislation would permit a higher levy.

      Sec. 3. RCW 84.52.053 and 2007 c 129 s 3 are each amended to read as follows:

      (1) The limitations imposed by RCW 84.52.050 through 84.52.056, and 84.52.043 shall not prevent the levy of taxes by school districts, when authorized so to do by the voters of such school district in the manner and for the purposes and number of years allowable under Article VII, section 2(a) of the Constitution of this state. Elections for such taxes shall be held in the year in which the levy is made or, in the case of propositions authorizing two-year through four-year levies for maintenance and operation support of a school district, authorizing two-year levies for transportation vehicle funds established in RCW 28A.160.130, or authorizing two-year through six-year levies to support the construction, modernization, or remodeling of school facilities, which includes the purposes of RCW 28A.320.330(2)(f), in the year in which the first annual levy is made.

      (2) Once additional tax levies have been authorized for maintenance and operation support of a school district for a two-year through four-year period as provided under subsection (1) of this section, no further additional tax levies for maintenance and operation support of the district for that period may be authorized, except for additional levies to provide for subsequently enacted increases affecting the district's levy base or maximum levy percentage. For the purpose of applying the limitation of this subsection, a two-year through six-year levy to support the construction, modernization, or remodeling of school facilities shall not be deemed to be a tax levy for maintenance and operation support of a school district.

      (3) A special election may be called and the time therefor fixed by the board of school directors, by giving notice thereof by publication in the manner provided by law for giving notices of general elections, at which special election the proposition authorizing such excess levy shall be submitted in such form as to enable the voters favoring the proposition to vote "yes" and those opposed thereto to vote "no".

      Sec. 4. 2006 c 119 s 3 (uncodified) is amended to read as follows:

      This act expires January 1, ((2012)) 2015.

      Sec. 5. 2009 c 4 s 909 (uncodified) is amended to read as follows:

      Section 908 of this act expires January 1, ((2012)) 2015."

      Senator McAuliffe spoke in favor of adoption of the committee striking amendment.

 

      The President declared the question before the Senate to be the adoption of the committee striking amendment by the Committee on Ways & Means to Substitute House Bill No. 1776.

      The motion by Senator McAuliffe carried and the committee striking amendment was adopted by voice vote.

 

MOTION

 

      There being no objection, the following title amendment was adopted:

      On page 1, line 1 of the title, after "levies;" strike the remainder of the title and insert "amending RCW 84.52.0531 and 84.52.053; amending 2006 c 119 s 3 (uncodified); amending 2009 c 4 s 909 (uncodified); adding a new section to chapter 84.52 RCW; and providing expiration dates."

 

MOTION

 

      On motion of Senator McAuliffe, the rules were suspended, Substitute House Bill No. 1776 as amended by the Senate was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

      Senator McAuliffe spoke in favor of passage of the bill.

 

MOTION

 

On motion of Senator Delvin, Senator Hewitt was excused.

 

MOTION

 

On motion of Senator Marr, Senators Brown, Rockefeller and Shin were excused.

 

      Senator King spoke against passage of the bill.

      The President declared the question before the Senate to be the final passage of Substitute House Bill No. 1776 as amended by the Senate.

 

ROLL CALL

 

      The Secretary called the roll on the final passage of Substitute House Bill No. 1776 as amended by the Senate and the bill passed the Senate by the following vote: Yeas, 37; Nays, 10; Absent, 0; Excused, 2.

      Voting yea: Senators Benton, Berkey, Brandland, Brown, Eide, Fairley, Franklin, Fraser, Hargrove, Hatfield, Haugen, Hewitt, Hobbs, Jacobsen, Jarrett, Kastama, Kauffman, Keiser, Kilmer, Kline, Kohl-Welles, Marr, McAuliffe, McDermott, Murray, Oemig, Parlette, Pflug, Prentice, Pridemore, Ranker, Regala, Roach, Schoesler, Sheldon, Tom and Zarelli

      Voting nay: Senators Becker, Carrell, Delvin, Holmquist, Honeyford, King, McCaslin, Morton, Stevens and Swecker

      Excused: Senators Rockefeller and Shin

      SUBSTITUTE HOUSE BILL NO. 1776 as amended by the Senate, having received the constitutional majority, was declared passed. There being no objection, the title of the bill was ordered to stand as the title of the act.

 

SIGNED BY THE PRESIDENT

 

The President has signed:

      SUBSTITUTE HOUSE BILL NO. 1022,

      HOUSE BILL NO. 1063,

      HOUSE BILL NO. 1264,

      SUBSTITUTE HOUSE BILL NO. 1397,

      SUBSTITUTE HOUSE BILL NO. 1413,

      SUBSTITUTE HOUSE BILL NO. 1419,

      HOUSE BILL NO. 1426,

      ENGROSSED HOUSE BILL NO. 1461,

      HOUSE BILL NO. 1498,

      SUBSTITUTE HOUSE BILL NO. 1505,

      SECOND SUBSTITUTE HOUSE BILL NO. 1522,

      SUBSTITUTE HOUSE BILL NO. 1532,

      HOUSE BILL NO. 1578,

      SUBSTITUTE HOUSE BILL NO. 1733,

      SUBSTITUTE HOUSE BILL NO. 1984,

      SUBSTITUTE HOUSE BILL NO. 2052,

      ENGROSSED SUBSTITUTE HOUSE BILL NO. 2105,

      HOUSE JOINT MEMORIAL NO. 4000,

      HOUSE JOINT MEMORIAL NO. 4005,

 

PERSONAL PRIVILEGE

 


Senator Benton: “Thank you Mr. President, ladies and gentlemen of the Senate. Today is a very special day. It is the birthday of a very unique person. An individual that has given a lot to this state and quite frankly I don’t think it would be appropriate to let the day go without recognizing her. April 16, 1823, she was born in a farm house near St. Elsor, Quebec. In 1856, thirty-three years later at the age of thirty-three, Mother Joseph led a group of five nuns to the Pacific Northwest Territories. In 1858, just two years later she opened the first hospital, St. Joseph’s hospital in Vancouver, WA. One tiny room with four beds and benches all carved by her. She was a fantastic wood working expert. I mean, she was a construction expert as well. It’s said that Mother Joseph would inspect construction of the hospitals, the eleven hospitals that she ultimately was responsible for building, would inspect the construction and when she identified faulty construction would rip it out herself and actually many times quite remarkably repair the faulty construction herself. This is an incredible woman and today is her birthday and I had breakfast with a dear friend this morning from Vancouver who reminded me, who happens to serve on the Board of Directors of the Southwest Washington Medical Center which, of course, started out as St. Joseph’s and he reminded me that today is the birthday of Mother Joseph. You know, she’s the only individual in the entire United States who’s statue both graces the Capitol of her state and graces the Capitol of the United States as well. Her statue appears in Statuary Hall in the United States Congress and it also appears down here on our second floor. I went down this morning because I promised my friend that I would say a little prayer in front of St. Joseph’s statue this morning remembering her and remembering her incredible contributions to this state and I wanted to just bring this to everyone else’s attention. Eleven hospitals, seven academies, five Indian schools and two orphanages, not just here in Washington but throughout what was then the Northwest Territories, Oregon, Idaho, and of course, Washington State. Just an incredible person, even parts of Montana at that time, a stickler for details she was. A stickler for detail and I’m told an incredible fund raiser, an incredible fund raiser. So, I just wanted to remind people. Yes, it is personal because it touches it in Vancouver and I think it touches the rest of us in this state. The legacy that this woman has left for us has been incredible and so please let’s take a moment to remember the contribution of Mother Joseph’s to our great state and to our nation. Thank you Mr. President.”

 

SECOND READING

 

      SECOND SUBSTITUTE HOUSE BILL NO. 1946, by House Committee on Education Appropriations (originally sponsored by Representatives Carlyle, Anderson, Wallace, Angel, White, Schmick, Hasegawa, Goodman, Sullivan, Haigh, Hudgins, Kenney and Maxwell)

 

      Regarding higher education online technology.

 

      The measure was read the second time.

 

MOTION

 

      Senator Kilmer moved that the following committee striking amendment by the Committee on Ways & Means be adopted.

      Strike everything after the enacting clause and insert the following:

      "NEW SECTION. Sec. 1. The legislature recognizes that the state must educate more people to higher levels to adapt to the economic and social needs of the future. While our public colleges and universities have realized great success in helping students achieve their dreams, the legislature also recognizes that much more must be done to prepare current and future students for a twenty-first century economy. To raise the levels of skills and knowledge needed to sustain the state's economic prosperity and competitive position in a global environment, the public higher education system must reach out to every prospective student and citizen in unprecedented ways, with unprecedented focus.

      To reach out to these citizens, the state must dismantle the barriers of geographic isolation, cost, and competing demands of work and family life. The state must create a more nimble system of learning that is student-centric, more welcoming of nontraditional and underserved students, easier to access and use, and more tailored to today's student needs and expectations.

      Technology can play a key role in helping achieve this systemic goal. While only a decade ago access to personal computers was widely viewed a luxury, today computers, digital media, electronic information, and content have changed the nature of how students learn and instructors teach. This presents a vast, borderless opportunity to extend the reach and impact of the state's public educational institutions and educate more people to higher levels.

      Each higher education institution and workforce program serves a unique group of students and as such, has customized its own technology solutions to meet its emerging needs. While local solutions may have served institutions of higher education in the past, paying for and operating multiple technology solutions, platforms, systems, models, agreements, and operational functionality for common applications and support services no longer serves students or the state.

      Today's students access education differently. Rather than enrolling in one institution of higher education, staying two to four years and graduating, today's learners prefer a cafeteria approach; they often enroll in and move among multiple institutions - sometimes simultaneously. Rather than sitting in lecture halls taking notes, they may listen to podcasts of a lecture while grocery shopping or hold a virtual study group with classmates on a video chat room. They may prefer hybrid courses where part of their time is spent in the classroom and part is spent online. They prefer online access for commodity administrative services such as financial aid, admissions, transcript services, and more.

      Institutions of higher education not only must rethink teaching and learning in a digital-networked world, but also must tailor their administrative and student services technologies to serve the mobile student who requires dynamic, customized information online and in real time. Because these relationships are changing so fast and so fundamentally, it is incumbent on the higher education system to transform its practices just as profoundly.

      Therefore, the legislature intends to both study and implement its findings regarding how the state's public institutions of higher education can share core resources in instructional, including library, resources, student services, and administrative information technology resources, user help desk services, faculty professional development, and more. The study will examine how public institutions of higher education can pursue a strategy of implementing single, shared, statewide commonly needed standards-based software, web hosting and support service solutions that are cost-effective, easily integrated, user-friendly, flexible, and constantly improving. The full range of applications that serve students, faculty, and administration shall be included. Expensive, proprietary, nonstandards-based customized applications, databases and services, and other resources that do not allow for the transparent sharing of information across institutions, agencies, and educational levels, including K-12, are inconsistent with the state's objective of educating more people to higher levels.

      NEW SECTION. Sec. 2. A new section is added to chapter 28B.10 RCW to read as follows:

      All institutions of higher education are encouraged to use common online learning technologies including, but not limited to, existing learning management and web conferencing systems currently managed and governed by the state board for community and technical colleges; and share professional development materials and activities related to effective use of these tools. The state board for community and technical colleges may adjust existing vendor licenses to accommodate and provide enterprise services for any interested institutions of higher education. The common learning management system shall be designed in a way that allows for easy sharing of courses, learning objects, and other digital content among the institutions of higher education. Institutions of higher education may begin migration to these common systems immediately. The state board for community and technical colleges shall convene representatives from each four-year institution of higher education to develop a shared fee structure.

      NEW SECTION. Sec. 3. (1) The higher education coordinating board shall convene a higher education technology transformation task force to improve the efficiency, effectiveness, and quality of education relative to the strategic and operational use of technology in public education.

      (2) The task force shall be composed of one member from each public four-year institution of higher education; six members from the community and technical colleges; two faculty members from four-year institutions of higher education, at least one of whom is selected by statewide bargaining representatives; two faculty members from community or technical colleges, at least one of whom is selected by statewide bargaining representatives; and one member each from the state board for community and technical colleges; the higher education coordinating board; the workforce training and education coordinating board; the department of information services; and the council of presidents. The task force shall select a chair from its membership.

      (3) The task force shall prepare a report that includes a plan to improve the efficiency, effectiveness, and quality of public higher education relative to the strategic and operational use of technology in higher education.

       (4) In developing the plan, the institutions of higher education and their partners, identified in this section, shall take the following actions:

      (a) Investigate similar efforts, strategies, programs, and options in other states, of private providers of higher education in the state, and global consortia related to:

      (i) Online learning technologies including but not limited to: Learning management, ePortfolio, web conferencing systems, and other education applications;

      (ii) Personalized online student services including but not limited to: Recruitment, admissions, retention, advising, academic planning, course catalogs, transfer, and financial aid management;

      (iii) Integrated online administrative tools including but not limited to: Student information management; financial management; payroll; human resources; and data collection, reporting, and analysis;

      (iv) Sharing library resources including but not limited to: Copyrighted physical and e-books, and consolidated electronic journals and research database licensing and other models;

      (v) Methods and open licensing options for effectively sharing digital content including but not limited to: Open courseware, open textbooks, open journals, and open learning objects;

      (vi) Methods for pooling, coordinating, and otherwise more efficiently managing enrollments so colleges with extra enrollment space in online courses can easily and efficiently make those spaces available to students at other colleges, or to high school students through existing dual-credit programs, without economic, governance, or institutional penalty or disincentive from the provider or recipient institution;

      (vii) Methods for ensuring online courses meet agreed upon instructional guidelines, policies, and quality, and methods for sharing these best practices to improve traditional courses' quality;

      (b) Develop a process and timeline for the implementation of a statewide approach based on the investigation in (a) of this subsection;

      (c) Focus on statewide capability and standards that enable the efficient use of common applications, web hosting services, user support, staff training, and consolidated software licenses and open educational resources;

       (d) Identify the metrics that can be used to gauge success;

      (e) Conduct a comprehensive audit of existing resources used by public institutions of higher education or agencies including but not limited to technology-related: Employees; infrastructure; application licenses and costs; web hosting facilities and services; digital content licenses; student, faculty, and administrative applications and services; and the amounts and uses of technology fees charged to students. The failure of the individual public institution of higher education or agency to fully, accurately, and thoroughly account for these resources and fees in detail shall expressly be stated in the task force report;

      (f) Recommend strategies and specific tactics to: (i) Reduce duplication of applications, web hosting, and support services; (ii) effectively and efficiently use technology to share costs, data, and faculty professional development; (iii) improve the quality of instruction; and (iv) increase student access, transfer capability, and the quality of student, faculty, and administration services; and

      (g) Recommend governance models, funding models, and accountability measures to achieve these and related objectives.

      (5) Subject to funds for this specific purpose, the higher education coordinating board shall engage an independent expert to conduct an independent technical analysis of the findings of the comprehensive technology audits outlined in subsection (4)(e) of this section.

      (6) The public institutions of higher education and their partners shall jointly report their findings and recommendations to the appropriate committees of the legislature by December 1, 2010. A preliminary report shall be delivered to appropriate committees of the legislature by December 1, 2009.

      NEW SECTION. Sec. 4. If specific funding for the purposes of this act, referencing this act by bill or chapter number, is not provided by June 30, 2009, in the omnibus appropriations act, this act is null and void."

      Senator Kilmer spoke in favor of adoption of the committee striking amendment.

 

      The President declared the question before the Senate to be the adoption of the committee striking amendment by the Committee on Ways & Means to Second Substitute House Bill No. 1946.

      The motion by Senator Kilmer carried and the committee striking amendment was adopted by voice vote.


 

MOTION

 

      There being no objection, the following title amendment was adopted:

      On page 1, line 1 of the title, after "technology;" strike the remainder of the title and insert "adding a new section to chapter 28B.10 RCW; and creating new sections."

 

MOTION

 

      On motion of Senator Kilmer, the rules were suspended, Second Substitute House Bill No. 1946 as amended by the Senate was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

      Senators Kilmer and Becker spoke in favor of passage of the bill.

 

MOTION

 

On motion of Senator Marr, Senator Haugen was excused.

 

      The President declared the question before the Senate to be the final passage of Second Substitute House Bill No. 1946 as amended by the Senate.

 

ROLL CALL

 

      The Secretary called the roll on the final passage of Second Substitute House Bill No. 1946 as amended by the Senate and the bill passed the Senate by the following vote: Yeas, 46; Nays, 0; Absent, 0; Excused, 3.

      Voting yea: Senators Becker, Benton, Berkey, Brandland, Brown, Carrell, Delvin, Eide, Fairley, Franklin, Fraser, Hargrove, Hatfield, Hewitt, Hobbs, Holmquist, Honeyford, Jacobsen, Jarrett, Kastama, Kauffman, Keiser, Kilmer, King, Kline, Kohl-Welles, Marr, McAuliffe, McCaslin, McDermott, Morton, Murray, Oemig, Parlette, Pflug, Prentice, Pridemore, Ranker, Regala, Roach, Schoesler, Sheldon, Stevens, Swecker, Tom and Zarelli

      Excused: Senators Haugen, Rockefeller and Shin

      SECOND SUBSTITUTE HOUSE BILL NO. 1946 as amended by the Senate, having received the constitutional majority, was declared passed. There being no objection, the title of the bill was ordered to stand as the title of the act.

 

SECOND READING

 

      HOUSE BILL NO. 2132, by Representatives Quall, Anderson, Carlyle, Dammeier, Probst, Sullivan, Johnson, Hudgins, Kelley, Chase, Wood and Santos

 

      Regarding instruction in civics.

 

      The measure was read the second time.

 

MOTION

 

      On motion of Senator McAuliffe, the rules were suspended, House Bill No. 2132 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

      Senators McAuliffe and Franklin spoke in favor of passage of the bill.

      The President declared the question before the Senate to be the final passage of House Bill No. 2132.

 

ROLL CALL

 

      The Secretary called the roll on the final passage of House Bill No. 2132 and the bill passed the Senate by the following vote: Yeas, 46; Nays, 0; Absent, 0; Excused, 3.

      Voting yea: Senators Becker, Benton, Berkey, Brandland, Brown, Carrell, Delvin, Eide, Fairley, Franklin, Fraser, Hargrove, Hatfield, Hewitt, Hobbs, Holmquist, Honeyford, Jacobsen, Jarrett, Kastama, Kauffman, Keiser, Kilmer, King, Kline, Kohl-Welles, Marr, McAuliffe, McCaslin, McDermott, Morton, Murray, Oemig, Parlette, Pflug, Prentice, Pridemore, Ranker, Regala, Roach, Schoesler, Sheldon, Stevens, Swecker, Tom and Zarelli

      Excused: Senators Haugen, Rockefeller and Shin

      HOUSE BILL NO. 2132, having received the constitutional majority, was declared passed. There being no objection, the title of the bill was ordered to stand as the title of the act.

 

SECOND READING

 

      ENGROSSED SECOND SUBSTITUTE HOUSE BILL NO. 1701, by House Committee on Ways & Means (originally sponsored by Representatives Hudgins, McCoy and Hasegawa)

 

      Authorizing the department of information services to engage in high-speed internet activities.

 

      The measure was read the second time.

 

MOTION

 

      Senator Kastama moved that the following committee striking amendment by the Committee on Ways & Means be not adopted.

      Strike everything after the enacting clause and insert the following:

      "NEW SECTION. Sec. 1. (1) The legislature finds that the deployment and adoption of high-speed internet services and technology advancements enhance economic development and public safety for the state's communities. Such deployment also offers improved health care, access to consumer and legal services, increased educational and civic participation opportunities, and a better quality of life for the state's residents. The legislature further finds that improvements in the deployment and adoption of high-speed internet services and the strategic inclusion of technology advancements and technology education are critical to ensuring that Washington remains competitive and continues to provide a skilled workforce, attract businesses, and stimulate job growth.

      (2) The legislature intends to support strategic partnerships of public, private, nonprofit, and community-based sectors in the continued growth and development of high-speed internet services and information technology. The legislature further intends to ensure that all Washington citizens, businesses, schools, and organizations are able to obtain and utilize broadband fully, regardless of location, economic status, literacy level, age, disability, structure, or size. In addition, the legislature intends that a statewide assessment of the availability, location, service levels, and other characteristics of high-speed internet services and other advanced telecommunications services in the state be conducted.

      (3) In recognition of the importance of broadband deployment and adoption to the economy, health, safety, and welfare of the people of Washington, it is the purpose of this act to make high-speed internet service more readily available throughout the state, especially in areas with a low utilization rate.

      NEW SECTION. Sec. 2. (1) The broadband mapping account is established in the custody of the state treasurer. The department shall deposit into the account such funds received from legislative appropriation, federal grants authorized under the federal broadband data improvement act, P.L. 110-385, Title I, and donated funds from private and public sources. Expenditures from the account may be used only for the purposes of sections 3 through 5 of this act. Only the director of the department or the director's designee may authorize expenditures from the account. The account is subject to the allotment procedures under chapter 43.88 RCW, but an appropriation is not required for expenditures.

      (2) The department of information services is the single eligible entity in the state for purposes of the federal broadband data improvement act, P.L. 110-385, Title I.

      (3) Funding received by the department under the federal broadband data improvement act, P.L. 110-385, Title I, must be used in accordance with the requirements of that act and, subject to those requirements, may be distributed by the department on a competitive basis to other entities in the state to achieve the purposes of that act.

      (4) The department of information services shall consult with the department of community, trade, and economic development or its successor agency, the office of financial management, and the utilities and transportation commission in coordinating broadband mapping activities. In carrying out any broadband mapping activities, the provisions of P.L. 110-385, Title I, regarding trade secrets, commercial or financial information, and privileged or confidential information submitted by the federal communications commission or a broadband provider are deemed to encompass the consulted agencies.

      NEW SECTION. Sec. 3. (1) Subject to the availability of federal or state funding, the department may:

      (a) Develop an interactive web site to allow residents to self-report whether high-speed internet is available at their home or residence and at what speed; and

      (b) Conduct a detailed survey of all high-speed internet infrastructure owned or leased by state agencies and creating a geographic information system map of all high-speed internet infrastructure owned or leased by the state.

       (2) State agencies responding to a survey request from the department under subsection (1)(b) of this section shall respond in a reasonable and timely manner, not to exceed one hundred twenty days. The department shall request of state agencies, at a minimum:

      (a) The total bandwidth of high-speed internet infrastructure owned or leased;

      (b) The cost of maintaining that high-speed internet infrastructure, if owned, or the price paid for the high-speed internet infrastructure, if leased; and

      (c) The leasing entity, if applicable.

      (3) The department may adopt rules as necessary to carry out the provisions of this section.

      (4) For purposes of this section, "state agency" includes every state office, department, division, bureau, board, commission, or other state agency.

      NEW SECTION. Sec. 4. (1) The department is authorized, through a competitive bidding process, to procure on behalf of the state a geographic information system map detailing high-speed internet infrastructure, service availability, and adoption. This geographic information system map may include adoption information, availability information, type of high-speed internet deployment technology, and available speed tiers for high-speed internet based on any publicly available data.

      (2) The department may procure this map either by:

      (a) Contracting for and purchasing a completed map from a third party; or

      (b) Working directly with the federal communications commission to accept publicly available data.

      (3) The department shall establish an accountability and oversight structure to ensure that there is transparency in the bidding and contracting process and full financial and technical accountability for any information or actions taken by a third-party contractor creating this map.

      (4) In contracting for purchase of the map in subsection (2)(a) of this section, the department may take no action, nor impose any condition on the third party, that causes any record submitted by a public or private broadband service provider to the third party to meet the standard of a public record as defined in RCW 42.56.010. This prohibition does not apply to any records delivered to the department by the third party as a component of the completed map. For the purpose of RCW 42.56.010(2), the purchase by the department of a completed map may not be deemed use or ownership by the department of the underlying information used by the third party to complete the map.

      (5) Data or information that is publicly available as of the effective date of this section will not cease to be publicly available due to any provision of this act.

      NEW SECTION. Sec. 5. (1) The department, in coordination with the department of community, trade, and economic development and the utilities and transportation commission, and such advisors as the department chooses, may prepare regular reports that identify the following:

      (a) The geographic areas of greatest priority for the deployment of advanced telecommunications infrastructure in the state;

      (b) A detailed explanation of how any amount of funding received from the federal government for the purposes of broadband mapping, deployment, and adoption will be or have been used; and

      (c) A determination of how nonfederal sources may be utilized to achieve the purposes of broadband mapping, deployment, and adoption activities in the state.

      (2) To the greatest extent possible, the initial report should be based upon the information identified in the geographic system maps developed under the requirements of this chapter.

      (3) The initial report should be delivered to the appropriate committees of the legislature as soon as feasible, but no later than January 18, 2010.

      (4) Future reports based upon the requirements of subsection (1) of this section should be delivered to the appropriate committees of the legislature by January 15th of each year.

      Sec. 6. RCW 28B.32.010 and 2008 c 262 s 6 are each amended to read as follows:

      The community technology opportunity program is created to support the efforts of community technology programs throughout the state. The community technology opportunity program must be administered by the ((Washington State University extension, in consultation with the)) department of information services. The ((Washington State University extension)) department may contract for services in order to carry out the ((extension's)) department's obligations under this section.

      (1) In implementing the community technology opportunity program the administrator must, to the extent funds are appropriated for this purpose:

      (a) Provide organizational and capacity building support to community technology programs throughout the state, and identify and facilitate the availability of other public and private sources of funds to enhance the purposes of the program and the work of community technology programs. No more than fifteen percent of funds received by the administrator for the program may be expended on these functions;

      (b) Establish a competitive grant program and provide grants to community technology programs to provide training and skill-building opportunities; access to hardware and software; internet connectivity; digital media literacy; assistance in the adoption of information and communication technologies in low-income and underserved areas of the state; and development of locally relevant content and delivery of vital services through technology.

      (2) Grant applicants must:

      (a) Provide evidence that the applicant is a nonprofit entity or a public entity that is working in partnership with a nonprofit entity;

      (b) Define the geographic area or population to be served;

      (c) Include in the application the results of a needs assessment addressing, in the geographic area or among the population to be served: The impact of inadequacies in technology access or knowledge, barriers faced, and services needed;

      (d) Explain in detail the strategy for addressing the needs identified and an implementation plan including objectives, tasks, and benchmarks for the applicant and the role that other organizations will play in assisting the applicant's efforts;

      (e) Provide evidence of matching funds and resources, which are equivalent to at least one-quarter of the grant amount committed to the applicant's strategy;

      (f) Provide evidence that funds applied for, if received, will be used to provide effective delivery of community technology services in alignment with the goals of this program and to increase the applicant's level of effort beyond the current level; and

      (g) Comply with such other requirements as the administrator establishes.

      (3) The administrator may use no more than ten percent of funds received for the community technology opportunity program to cover administrative expenses.

      (4) The administrator must establish expected program outcomes for each grant recipient and must require grant recipients to provide an annual accounting of program outcomes.

      Sec. 7. RCW 43.105.020 and 2003 c 18 s 2 are each amended to read as follows:

      ((As used in this chapter, unless the context indicates otherwise, the following definitions shall apply:)) The definitions in this section apply throughout this chapter unless the context clearly required otherwise.

      (1) "Department" means the department of information services;

      (2) "Board" means the information services board;

      (3) "Committee" means the state interoperability executive committee;

      (4) "Local governments" includes all municipal and quasi municipal corporations and political subdivisions, and all agencies of such corporations and subdivisions authorized to contract separately;

      (5) "Director" means the director of the department;

      (6) "Purchased services" means services provided by a vendor to accomplish routine, continuing, and necessary functions. This term includes, but is not limited to, services acquired for equipment maintenance and repair, operation of a physical plant, security, computer hardware and software installation and maintenance, telecommunications installation and maintenance, data entry, keypunch services, programming services, and computer time-sharing;

      (7) "Backbone network" means the shared high-density portions of the state's telecommunications transmission facilities. It includes specially conditioned high-speed communications carrier lines, multiplexors, switches associated with such communications lines, and any equipment and software components necessary for management and control of the backbone network;

       (8) "Telecommunications" means the transmission of information by wire, radio, optical cable, electromagnetic, or other means;

      (9) "Information" includes, but is not limited to, data, text, voice, and video;

      (10) "Information processing" means the electronic capture, collection, storage, manipulation, transmission, retrieval, and presentation of information in the form of data, text, voice, or image and includes telecommunications and office automation functions;

      (11) "Information services" means data processing, telecommunications, office automation, and computerized information systems;

      (12) "Equipment" means the machines, devices, and transmission facilities used in information processing, such as computers, word processors, terminals, telephones, wireless communications system facilities, cables, and any physical facility necessary for the operation of such equipment;

      (13) "Information technology portfolio" or "portfolio" means a strategic management process documenting relationships between agency missions and information technology and telecommunications investments;

      (14) "Oversight" means a process of comprehensive risk analysis and management designed to ensure optimum use of information technology resources and telecommunications;

      (15) "Proprietary software" means that software offered for sale or license;

      (16) "Video telecommunications" means the electronic interconnection of two or more sites for the purpose of transmitting and/or receiving visual and associated audio information. Video telecommunications shall not include existing public television broadcast stations as currently designated by the department of community, trade, and economic development under chapter 43.330 RCW;

      (17) "K-20 educational network board" or "K-20 board" means the K-20 educational network board created in RCW 43.105.800;

      (18) "K-20 network technical steering committee" or "committee" means the K-20 network technical steering committee created in RCW 43.105.810;

      (19) "K-20 network" means the network established in RCW 43.105.820;

       (20) "Educational sectors" means those institutions of higher education, school districts, and educational service districts that use the network for distance education, data transmission, and other uses permitted by the K-20 board;
      (21) "Administrator" means the community technology opportunity program administrator designated by the department;
      (22) "Community technology programs" means programs that are engaged in diffusing information and communications technology in local communities, particularly in unserved and underserved areas of the state. These programs may include, but are not limited to, programs that provide education and skill-building opportunities, hardware and software, internet connectivity, digital media literacy, development of locally relevant content, and delivery of vital services through technology;
      (23) "Broadband" means a high-speed, high capacity transmission medium, using land-based, satellite, wireless, or any other mechanism, that can carry either signals or transmit data, or both, over long distances by using a wide range of frequencies;
      (24) "Council" means the advisory council on digital inclusion created in section 10 of this act;
      (25) "High-speed internet" means broadband;
      (26) "Underserved areas" means: (a) Areas in which high-speed internet download speeds and upload speeds are significantly below the state norm; (b) any census tract that is located in a federally designated empowerment zone, enterprise community, renewal community, or low-income community; (c) an area with a significant population of economically disadvantaged residents; or (d) an area in which a significant population of the residents are not able to adopt broadband because of disability, affordability of computers or software, or a lack of technological literacy.

      Sec. 8. RCW 28B.32.030 and 2008 c 262 s 8 are each amended to read as follows:

      The Washington community technology opportunity account is established in the state treasury. The governor or the governor's designee and the director or the director's designee shall deposit into the account federal grants authorized under Division B, Title VI of the American recovery and reinvestment act of 2009, legislative appropriations, and donated funds from private and public sources for purposes related to broadband deployment and adoption, including matching funds required by the act. Donated funds from private and public sources may be deposited into the account. Expenditures from the account may be used only ((for)) as matching funds for federal and other grants to fund the operation of the community technology opportunity program ((as provided in RCW 28B.32.010)) under this chapter and to fund other activities authorized in this act. Only the ((administrator)) director or the ((administrator's)) director's designee may authorize expenditures from the account.

      NEW SECTION. Sec. 9. (1) The governor may take all appropriate steps to carry out the purposes of Division B, Title VI of the American recovery and reinvestment act of 2009, P.L. 111-5, and maximize investment in broadband deployment and adoption in the state of Washington consistent with this act. Such steps may include the designation of a broadband deployment coordinator; review and prioritization of grant applications by public and private entities as directed by the national telecommunications and information administration, the rural utility services, and the federal communications commission; disbursement of block grant funding; and direction to state agencies to provide staffing as necessary to carry out this section. The authority for overseeing broadband adoption and deployment efforts in the state is vested in the department.

      (2) The department may apply for federal funds and other grants or donations, may deposit such funds in the Washington community technology opportunity account created in RCW 28B.32.030 (as recodified by this act), may oversee implementation of federally funded or mandated broadband programs and may adopt rules to administer the programs. These programs may include but are not limited to the following:

      (a) Engaging in periodic statewide surveys of residents, businesses, and nonprofit organizations concerning their use and adoption of high-speed internet, computer, and related information technology for the purpose of identifying barriers to adoption;

      (b) Working with communities to identify barriers to the adoption of broadband service and related information technology services by individuals, nonprofit organizations, and businesses;

       (c) Identifying broadband demand opportunities in communities by working cooperatively with local organizations, government agencies, and businesses;

      (d) Creating, implementing, and administering programs to improve computer ownership, technology literacy, digital media literacy, and high-speed internet access for populations not currently served or underserved in the state. This may include programs to provide low-income families, community-based nonprofit organizations, nonprofit entities, and public entities that work in partnership with nonprofit entities to provide increased access to computers and broadband, with reduced cost internet access;

      (e) Administering the community technology opportunity program under chapter 28B.32 RCW (as recodified by this act);

      (f) Creating additional programs to spur the development of high-speed internet resources in the state;

      (g) Establishing technology literacy and digital inclusion programs and establishing low-cost hardware, software, and internet purchasing programs that may include allowing participation by community technology programs in state purchasing programs; and

      (h) Developing last-mile technology loan programs targeting small businesses or businesses located in unserved and underserved areas.

      NEW SECTION. Sec. 10. (1) Subject to the availability of federal or state funding, the department may reconvene the high-speed internet work group previously established by chapter 262, Laws of 2008. The work group is renamed the advisory council on digital inclusion, and is an advisory group to the department. The council must include, but is not limited to, volunteer representatives from community technology organizations, telecommunications providers, higher education institutions, K-12 education institutions, public health institutions, public housing entities, and governmental entities that are engaged in community technology activities.

      (2) The council shall prepare a report by January 15th of each year and submit it to the department, the governor, and the appropriate committees of the legislature. The report must contain: 

      (a) An analysis of how support from public and private sector partnerships, the philanthropic community, and other not-for-profit organizations in the community, along with strong relationships with the state board for community and technical colleges, the higher education coordinating board, and higher education institutions, could establish a variety of high-speed internet access alternatives for citizens;

      (b) Proposed strategies for continued broadband deployment and adoption efforts, as well as further development of advanced telecommunications applications;

      (c) Recommendations on methods for maximizing the state's research and development capacity at universities and in the private sector for developing advanced telecommunications applications and services, and recommendations on incentives to stimulate the demand for and development of these applications and services;


      (d) An identification of barriers that hinder the advancement of technology entrepreneurship in the state; and

      (e) An evaluation of programs designed to advance digital literacy and computer access that are made available by the federal government, local agencies, telecommunications providers, and business and charitable entities.

      NEW SECTION. Sec. 11. If any part of this act is found to be in conflict with federal requirements that are a prescribed condition to the allocation of federal funds to the state, the conflicting part of this act is inoperative solely to the extent of the conflict and with respect to the agencies directly affected, and this finding does not affect the operation of the remainder of this act in its application to the agencies concerned. Rules adopted under this act must meet federal requirements that are a necessary condition to the receipt of federal funds by the state.

      NEW SECTION. Sec. 12. Sections 2 through 5, 9, and 10 of this act are each added to chapter 43.105 RCW.

      NEW SECTION. Sec. 13. RCW 28B.32.010, 28B.32.030, 28B.32.900, and 28B.32.901 are each recodified as sections in chapter 43.105 RCW.

      NEW SECTION. Sec. 14. The following acts or parts of acts are each repealed:

      (1) RCW 28B.32.020 (Definitions) and 2008 c 262 s 7; and

      (2) RCW 43.105.350 (Request for information from providers--Limitation) and 2008 c 262 s 3.

      NEW SECTION. Sec. 15. 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. 16. This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect July 1, 2009.

      NEW SECTION. Sec. 17. (1) If specific funding for the purposes of this act, referencing this act by bill or chapter number, is not provided by June 30, 2009, in the omnibus appropriations act, this act is null and void."

      On page 1, line 2 of the title, after "activities;" strike the remainder of the title and insert "amending RCW 28B.32.010, 43.105.020, and 28B.32.030; adding new sections to chapter 43.105 RCW; creating new sections; recodifying RCW 28B.32.010, 28B.32.030, 28B.32.900, and 28B.32.901; repealing RCW 28B.32.020 and 43.105.350; providing an effective date; and declaring an emergency."

 

      The President declared the question before the Senate to be the motion by Senator Kastama to not adopt the committee striking amendment by the Committee on Ways & Means to Engrossed Second Substitute House Bill No. 1701.

      The motion by Senator Kastama carried and the committee striking amendment was not adopted by voice vote.

 

MOTION

 

      Senator Kastama moved that the following striking amendment by Senators Kastama, Kohl-Welles and Zarelli be adopted:

      Strike everything after the enacting clause and insert the following:

      "NEW SECTION. Sec. 1. (1) The legislature finds that the deployment and adoption of high-speed internet services and technology advancements enhance economic development and public safety for the state's communities. Such deployment also offers improved health care, access to consumer and legal services, increased educational and civic participation opportunities, and a better quality of life for the state's residents. The legislature further finds that improvements in the deployment and adoption of high-speed internet services and the strategic inclusion of technology advancements and technology education are critical to ensuring that Washington remains competitive and continues to provide a skilled workforce, attract businesses, and stimulate job growth.

      (2) The legislature intends to support strategic partnerships of public, private, nonprofit, and community-based sectors in the continued growth and development of high-speed internet services and information technology. The legislature further intends to ensure that all Washington citizens, businesses, schools, and organizations are able to obtain and utilize broadband fully, regardless of location, economic status, literacy level, age, disability, structure, or size. In addition, the legislature intends that a statewide assessment of the availability, location, service levels, and other characteristics of high-speed internet services and other advanced telecommunications services in the state be conducted.

      (3) In recognition of the importance of broadband deployment and adoption to the economy, health, safety, and welfare of the people of Washington, it is the purpose of this act to make high-speed internet service more readily available throughout the state, especially in areas and for populations with a low utilization rate.

      NEW SECTION. Sec. 2. (1) The broadband mapping account is established in the custody of the state treasurer. The department shall deposit into the account such funds received from legislative appropriation, federal grants authorized under the federal broadband data improvement act, P.L. 110-385, Title I, and donated funds from private and public sources. Expenditures from the account may be used only for the purposes of sections 3 through 5 of this act. Only the director of the department or the director's designee may authorize expenditures from the account. The account is subject to the allotment procedures under chapter 43.88 RCW, but an appropriation is not required for expenditures.

      (2) The department of information services is the single eligible entity in the state for purposes of the federal broadband data improvement act, P.L. 110-385, Title I.

      (3) Funding received by the department under the federal broadband data improvement act, P.L. 110-385, Title I, must be used in accordance with the requirements of that act and, subject to those requirements, may be distributed by the department on a competitive basis to other entities in the state to achieve the purposes of that act.

      (4) The department of information services shall consult with the department of community, trade, and economic development or its successor agency, the office of financial management, and the utilities and transportation commission in coordinating broadband mapping activities. In carrying out any broadband mapping activities, the provisions of P.L. 110-385, Title I, regarding trade secrets, commercial or financial information, and privileged or confidential information submitted by the federal communications commission or a broadband provider are deemed to encompass the consulted agencies.

      NEW SECTION. Sec. 3. (1) Subject to the availability of federal or state funding, the department may:

      (a) Develop an interactive web site to allow residents to self-report whether high-speed internet is available at their home or residence and at what speed; and

      (b) Conduct a detailed survey of all high-speed internet infrastructure owned or leased by state agencies and creating a geographic information system map of all high-speed internet infrastructure owned or leased by the state.

       (2) State agencies responding to a survey request from the department under subsection (1)(b) of this section shall respond in a reasonable and timely manner, not to exceed one hundred twenty days. The department shall request of state agencies, at a minimum:

      (a) The total bandwidth of high-speed internet infrastructure owned or leased;


      (b) The cost of maintaining that high-speed internet infrastructure, if owned, or the price paid for the high-speed internet infrastructure, if leased; and

      (c) The leasing entity, if applicable.

      (3) The department may adopt rules as necessary to carry out the provisions of this section.

      (4) For purposes of this section, "state agency" includes every state office, department, division, bureau, board, commission, or other state agency.

      NEW SECTION. Sec. 4. (1) The department is authorized, through a competitive bidding process, to procure on behalf of the state a geographic information system map detailing high-speed internet infrastructure, service availability, and adoption. This geographic information system map may include adoption information, availability information, type of high-speed internet deployment technology, and available speed tiers for high-speed internet based on any publicly available data.

      (2) The department may procure this map either by:

      (a) Contracting for and purchasing a completed map from a third party; or

      (b) Working directly with the federal communications commission to accept publicly available data.

      (3) The department shall establish an accountability and oversight structure to ensure that there is transparency in the bidding and contracting process and full financial and technical accountability for any information or actions taken by a third-party contractor creating this map.

      (4) In contracting for purchase of the map in subsection (2)(a) of this section, the department may take no action, nor impose any condition on the third party, that causes any record submitted by a public or private broadband service provider to the third party to meet the standard of a public record as defined in RCW 42.56.010. This prohibition does not apply to any records delivered to the department by the third party as a component of the completed map. For the purpose of RCW 42.56.010(2), the purchase by the department of a completed map may not be deemed use or ownership by the department of the underlying information used by the third party to complete the map.

      (5) Data or information that is publicly available as of the effective date of this section will not cease to be publicly available due to any provision of this act.

      NEW SECTION. Sec. 5. (1) The department, in coordination with the department of community, trade, and economic development and the utilities and transportation commission, and such advisors as the department chooses, may prepare regular reports that identify the following:

      (a) The geographic areas of greatest priority for the deployment of advanced telecommunications infrastructure in the state;

      (b) A detailed explanation of how any amount of funding received from the federal government for the purposes of broadband mapping, deployment, and adoption will be or have been used; and

      (c) A determination of how nonfederal sources may be utilized to achieve the purposes of broadband mapping, deployment, and adoption activities in the state.

      (2) To the greatest extent possible, the initial report should be based upon the information identified in the geographic system maps developed under the requirements of this chapter.

      (3) The initial report should be delivered to the appropriate committees of the legislature as soon as feasible, but no later than January 18, 2010.

      (4) Future reports based upon the requirements of subsection (1) of this section should be delivered to the appropriate committees of the legislature by January 15th of each year.

      Sec. 6. RCW 28B.32.010 and 2008 c 262 s 6 are each amended to read as follows:

      The community technology opportunity program is created to support the efforts of community technology programs throughout the state. The community technology opportunity program must be administered by the ((Washington State University extension, in consultation with the)) department of information services. The ((Washington State University extension)) department may contract for services in order to carry out the ((extension's)) department's obligations under this section.

      (1) In implementing the community technology opportunity program the administrator must, to the extent funds are appropriated for this purpose:

      (a) Provide organizational and capacity building support to community technology programs throughout the state, and identify and facilitate the availability of other public and private sources of funds to enhance the purposes of the program and the work of community technology programs. No more than fifteen percent of funds received by the administrator for the program may be expended on these functions;

      (b) Establish a competitive grant program and provide grants to community technology programs to provide training and skill-building opportunities; access to hardware and software; internet connectivity; digital media literacy; assistance in the adoption of information and communication technologies in low-income and underserved areas of the state; and development of locally relevant content and delivery of vital services through technology.

      (2) Grant applicants must:

      (a) Provide evidence that the applicant is a nonprofit entity or a public entity that is working in partnership with a nonprofit entity;

      (b) Define the geographic area or population to be served;

      (c) Include in the application the results of a needs assessment addressing, in the geographic area or among the population to be served: The impact of inadequacies in technology access or knowledge, barriers faced, and services needed;

      (d) Explain in detail the strategy for addressing the needs identified and an implementation plan including objectives, tasks, and benchmarks for the applicant and the role that other organizations will play in assisting the applicant's efforts;

      (e) Provide evidence of matching funds and resources, which are equivalent to at least one-quarter of the grant amount committed to the applicant's strategy;

      (f) Provide evidence that funds applied for, if received, will be used to provide effective delivery of community technology services in alignment with the goals of this program and to increase the applicant's level of effort beyond the current level; and

      (g) Comply with such other requirements as the administrator establishes.

      (3) The administrator may use no more than ten percent of funds received for the community technology opportunity program to cover administrative expenses.

      (4) The administrator must establish expected program outcomes for each grant recipient and must require grant recipients to provide an annual accounting of program outcomes.

      Sec. 7. RCW 43.105.020 and 2003 c 18 s 2 are each amended to read as follows:

      ((As used in this chapter, unless the context indicates otherwise, the following definitions shall apply:)) The definitions in this section apply throughout this chapter unless the context clearly required otherwise.

      (1) "Department" means the department of information services;

      (2) "Board" means the information services board;

      (3) "Committee" means the state interoperability executive committee;

      (4) "Local governments" includes all municipal and quasi municipal corporations and political subdivisions, and all agencies of such corporations and subdivisions authorized to contract separately;


      (5) "Director" means the director of the department;

      (6) "Purchased services" means services provided by a vendor to accomplish routine, continuing, and necessary functions. This term includes, but is not limited to, services acquired for equipment maintenance and repair, operation of a physical plant, security, computer hardware and software installation and maintenance, telecommunications installation and maintenance, data entry, keypunch services, programming services, and computer time-sharing;

      (7) "Backbone network" means the shared high-density portions of the state's telecommunications transmission facilities. It includes specially conditioned high-speed communications carrier lines, multiplexors, switches associated with such communications lines, and any equipment and software components necessary for management and control of the backbone network;

       (8) "Telecommunications" means the transmission of information by wire, radio, optical cable, electromagnetic, or other means;

      (9) "Information" includes, but is not limited to, data, text, voice, and video;

      (10) "Information processing" means the electronic capture, collection, storage, manipulation, transmission, retrieval, and presentation of information in the form of data, text, voice, or image and includes telecommunications and office automation functions;

      (11) "Information services" means data processing, telecommunications, office automation, and computerized information systems;

      (12) "Equipment" means the machines, devices, and transmission facilities used in information processing, such as computers, word processors, terminals, telephones, wireless communications system facilities, cables, and any physical facility necessary for the operation of such equipment;

      (13) "Information technology portfolio" or "portfolio" means a strategic management process documenting relationships between agency missions and information technology and telecommunications investments;

      (14) "Oversight" means a process of comprehensive risk analysis and management designed to ensure optimum use of information technology resources and telecommunications;

      (15) "Proprietary software" means that software offered for sale or license;

      (16) "Video telecommunications" means the electronic interconnection of two or more sites for the purpose of transmitting and/or receiving visual and associated audio information. Video telecommunications shall not include existing public television broadcast stations as currently designated by the department of community, trade, and economic development under chapter 43.330 RCW;

      (17) "K-20 educational network board" or "K-20 board" means the K-20 educational network board created in RCW 43.105.800;

      (18) "K-20 network technical steering committee" or "committee" means the K-20 network technical steering committee created in RCW 43.105.810;

      (19) "K-20 network" means the network established in RCW 43.105.820;

       (20) "Educational sectors" means those institutions of higher education, school districts, and educational service districts that use the network for distance education, data transmission, and other uses permitted by the K-20 board;

      (21) "Administrator" means the community technology opportunity program administrator designated by the department;

      (22) "Community technology programs" means programs that are engaged in diffusing information and communications technology in local communities, particularly in unserved and underserved areas of the state. These programs may include, but are not limited to, programs that provide education and skill-building opportunities, hardware and software, internet connectivity, digital media literacy, development of locally relevant content, and delivery of vital services through technology;

      (23) "Broadband" means a high-speed, high capacity transmission medium, using land-based, satellite, wireless, or any other mechanism, that can carry either signals or transmit data, or both, over long distances by using a wide range of frequencies;

      (24) "Council" means the advisory council on digital inclusion created in section 10 of this act;

      (25) "High-speed internet" means broadband.

      Sec. 8. RCW 28B.32.030 and 2008 c 262 s 8 are each amended to read as follows:

      The Washington community technology opportunity account is established in the state treasury. The governor or the governor's designee and the director or the director's designee shall deposit into the account federal grants to the state authorized under Division B, Title VI of the American recovery and reinvestment act of 2009, legislative appropriations, and donated funds from private and public sources for purposes related to broadband deployment and adoption, including matching funds required by the act. Donated funds from private and public sources may be deposited into the account. Expenditures from the account may be used only ((for)) as matching funds for federal and other grants to fund the operation of the community technology opportunity program ((as provided in RCW 28B.32.010)) under this chapter and to fund other activities authorized in this act. Only the ((administrator)) director or the ((administrator's)) director's designee may authorize expenditures from the account.

      NEW SECTION. Sec. 9. (1) The governor may take all appropriate steps to carry out the purposes of Division B, Title VI of the American recovery and reinvestment act of 2009, P.L. 111-5, and maximize investment in broadband deployment and adoption in the state of Washington consistent with this act. Such steps may include the designation of a broadband deployment and adoption coordinator; review and prioritization of grant applications by public and private entities as directed by the national telecommunications and information administration, the rural utility services, and the federal communications commission; disbursement of block grant funding; and direction to state agencies to provide staffing as necessary to carry out this section. The authority for overseeing broadband adoption and deployment efforts on behalf of the state is vested in the department.

      (2) The department may apply for federal funds and other grants or donations, may deposit such funds in the Washington community technology opportunity account created in RCW 28B.32.030 (as recodified by this act), may oversee implementation of federally funded or mandated broadband programs for the state and may adopt rules to administer the programs. These programs may include but are not limited to the following:

      (a) Engaging in periodic statewide surveys of residents, businesses, and nonprofit organizations concerning their use and adoption of high-speed internet, computer, and related information technology for the purpose of identifying barriers to adoption;

      (b) Working with communities to identify barriers to the adoption of broadband service and related information technology services by individuals, nonprofit organizations, and businesses;

      (c) Identifying broadband demand opportunities in communities by working cooperatively with local organizations, government agencies, and businesses;

      (d) Creating, implementing, and administering programs to improve computer ownership, technology literacy, digital media literacy, and high-speed internet access for populations not currently served or underserved in the state. This may include programs to provide low- income families, community-based nonprofit organizations, nonprofit entities, and public entities that work in partnership with nonprofit entities to provide increased access to computers and broadband, with reduced cost internet access;

      (e) Administering the community technology opportunity program under chapter 28B.32 RCW (as recodified by this act);

      (f) Creating additional programs to spur the development of high-speed internet resources in the state;

      (g) Establishing technology literacy and digital inclusion programs and establishing low-cost hardware, software, and internet purchasing programs that may include allowing participation by community technology programs in state purchasing programs; and

      (h) Developing technology loan programs targeting small businesses or businesses located in unserved and underserved areas.

      NEW SECTION. Sec. 10. (1) Subject to the availability of federal or state funding, the department may reconvene the high-speed internet work group previously established by chapter 262, Laws of 2008. The work group is renamed the advisory council on digital inclusion, and is an advisory group to the department. The council must include, but is not limited to, volunteer representatives from community technology organizations, telecommunications providers, higher education institutions, K-12 education institutions, public health institutions, public housing entities, and local government and other governmental entities that are engaged in community technology activities.

      (2) The council shall prepare a report by January 15th of each year and submit it to the department, the governor, and the appropriate committees of the legislature. The report must contain: 

      (a) An analysis of how support from public and private sector partnerships, the philanthropic community, and other not-for-profit organizations in the community, along with strong relationships with the state board for community and technical colleges, the higher education coordinating board, and higher education institutions, could establish a variety of high-speed internet access alternatives for citizens;

      (b) Proposed strategies for continued broadband deployment and adoption efforts, as well as further development of advanced telecommunications applications;

       (c) Recommendations on methods for maximizing the state's research and development capacity at universities and in the private sector for developing advanced telecommunications applications and services, and recommendations on incentives to stimulate the demand for and development of these applications and services;

      (d) An identification of barriers that hinder the advancement of technology entrepreneurship in the state; and

      (e) An evaluation of programs designed to advance digital literacy and computer access that are made available by the federal government, local agencies, telecommunications providers, and business and charitable entities.

      NEW SECTION. Sec. 11. If any part of this act is found to be in conflict with federal requirements that are a prescribed condition to the allocation of federal funds to the state, the conflicting part of this act is inoperative solely to the extent of the conflict and with respect to the agencies directly affected, and this finding does not affect the operation of the remainder of this act in its application to the agencies concerned. Rules adopted under this act must meet federal requirements that are a necessary condition to the receipt of federal funds by the state.

      NEW SECTION. Sec. 12. Sections 2 through 5, 9, and 10 of this act are each added to chapter 43.105 RCW.

      NEW SECTION. Sec. 13. RCW 28B.32.010, 28B.32.030, 28B.32.900, and 28B.32.901 are each recodified as sections in chapter 43.105 RCW.

      NEW SECTION. Sec. 14. The following acts or parts of acts are each repealed:

      (1) RCW 28B.32.020 (Definitions) and 2008 c 262 s 7; and

      (2) RCW 43.105.350 (Request for information from providers--Limitation) and 2008 c 262 s 3.

      NEW SECTION. Sec. 15. 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. 16. This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect July 1, 2009.

      NEW SECTION. Sec. 17. If specific funding for the purposes of this act, referencing this act by bill or chapter number, is not provided by June 30, 2009, in the omnibus appropriations act, this act is null and void."

 

      The President declared the question before the Senate to be the adoption of the striking amendment by Senators Kastama, Kohl-Welles and Zarelli to Engrossed Second Substitute House Bill No. 1701.

      The motion by Senator Kastama carried and the striking amendment was adopted by voice vote.

 

MOTION

 

      There being no objection, the following title amendment was adopted:

      On page 1, line 2 of the title, after "activities;" strike the remainder of the title and insert "amending RCW 28B.32.010, 43.105.020, and 28B.32.030; adding new sections to chapter 43.105 RCW; creating new sections; recodifying RCW 28B.32.010, 28B.32.030, 28B.32.900, and 28B.32.901; repealing RCW 28B.32.020 and 43.105.350; providing an effective date; and declaring an emergency."

 

MOTION

 

      On motion of Senator Kastama, the rules were suspended, Engrossed Second Substitute House Bill No. 1701 as amended by the Senate was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

      Senators Kastama and Kohl-Welles spoke in favor of passage of the bill.

      The President declared the question before the Senate to be the final passage of Engrossed Second Substitute House Bill No. 1701 as amended by the Senate.

 

ROLL CALL

 

      The Secretary called the roll on the final passage of Engrossed Second Substitute House Bill No. 1701 as amended by the Senate and the bill passed the Senate by the following vote: Yeas, 45; Nays, 0; Absent, 1; Excused, 3.

      Voting yea: Senators Becker, Benton, Berkey, Brown, Carrell, Delvin, Eide, Fairley, Franklin, Fraser, Hargrove, Hatfield, Hewitt, Hobbs, Holmquist, Honeyford, Jacobsen, Jarrett, Kastama, Kauffman, Keiser, Kilmer, King, Kline, Kohl-Welles, Marr, McAuliffe, McCaslin, McDermott, Morton, Murray, Oemig, Parlette, Pflug, Prentice, Pridemore, Ranker, Regala, Roach, Schoesler, Sheldon, Stevens, Swecker, Tom and Zarelli

      Absent: Senator Brandland

      Excused: Senators Haugen, Rockefeller and Shin

      ENGROSSED SECOND SUBSTITUTE HOUSE BILL NO. 1701 as amended by the Senate, having received the constitutional majority, was declared passed. There being no objection, the title of the bill was ordered to stand as the title of the act.

 


SECOND READING

 

      SECOND SUBSTITUTE HOUSE BILL NO. 1355, by House Committee on Ways & Means (originally sponsored by Representatives Probst, Quall, Kessler, Sullivan, Wallace, Maxwell, Rolfes, Springer, Green, Jacks, Carlyle, Kenney, Ormsby, Seaquist, Liias, Sells, Priest, Dammeier, Hunt, Hudgins, Morrell, Van De Wege, Moeller, Chase, Conway, Goodman, Driscoll, Simpson, Santos and Kelley)

 

      Establishing the opportunity internship program for high school students.

 

      The measure was read the second time.

 

MOTION

 

      On motion of Senator Kilmer, the rules were suspended, Second Substitute House Bill No. 1355 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

      Senator Kilmer spoke in favor of passage of the bill.

      The President declared the question before the Senate to be the final passage of Second Substitute House Bill No. 1355.

 

ROLL CALL

 

      The Secretary called the roll on the final passage of Second Substitute House Bill No. 1355 and the bill passed the Senate by the following vote: Yeas, 29; Nays, 18; Absent, 0; Excused, 2.

      Voting yea: Senators Berkey, Brown, Eide, Fairley, Franklin, Fraser, Hargrove, Hatfield, Hobbs, Jacobsen, Jarrett, Kastama, Kauffman, Keiser, Kilmer, Kline, Kohl-Welles, Marr, McAuliffe, McDermott, Murray, Oemig, Prentice, Pridemore, Ranker, Regala, Rockefeller, Sheldon and Tom

      Voting nay: Senators Becker, Benton, Brandland, Carrell, Delvin, Hewitt, Holmquist, Honeyford, King, McCaslin, Morton, Parlette, Pflug, Roach, Schoesler, Stevens, Swecker and Zarelli

      Excused: Senators Haugen and Shin

      SECOND SUBSTITUTE HOUSE BILL NO. 1355, having received the constitutional majority, was declared passed. There being no objection, the title of the bill was ordered to stand as the title of the act.

 

SECOND READING

 

      ENGROSSED HOUSE BILL NO. 1986, by Representatives Hasegawa, Anderson, Wallace, White and Sells

 

      Authorizing a peer mentoring pilot program at Western Washington University and a community or technical college.

 

      The measure was read the second time.

 

MOTION

 

      Senator Kilmer moved that the following committee striking amendment by the Committee on Ways & Means be adopted.

      Strike everything after the enacting clause and insert the following:

      "NEW SECTION. Sec. 1. The legislature finds that peer mentoring provides tangible and long-lasting opportunities for all students, especially for low-income students, students of color, and first generation students. These benefits include improved student achievement and planning for success in postsecondary education. The legislature further finds that mentoring increases the self-worth of both mentees and mentors, while cultivating opportunities to improve communication skills and develop and enhance leadership and other critical transferable skills. Furthermore, the legislature finds that mentorship provides a valuable opportunity to increase student interest in career opportunities in the counseling and teaching professions, and thus intends to support those efforts to the maximum extent possible.

      NEW SECTION. Sec. 2. A new section is added to chapter 28B.12 RCW to read as follows:

      (1) Western Washington University shall create and implement a pilot mentoring program to inspire academic success and introduce elementary students to educational opportunities. In addition to establishing a pilot project on its own campus, the university, in close collaboration with the state board for community and technical colleges, shall jointly identify a community or technical college to participate in the pilot program. The community or technical college selected shall demonstrate active partnerships with interested common schools, local businesses, and community organizations. Western Washington University and the state board for community and technical colleges shall identify the community or technical college by August 1, 2009.

       (2) The state board for community and technical colleges shall work in close collaboration with Western Washington University to identify a community or technical college to participate in the pilot mentoring program.

      (3) The goals of the pilot project are to:

      (a) Encourage at-risk elementary school students to complete high school and attend college, boosting the percentage of Washington students who continue onto college;

      (b) Provide positive role models for at-risk students and allow college students the opportunity to perform community service;

      (c) Strengthen relationships between the community, the university, and area youth;

      (d) Introduce at-risk students to college and provide them an opportunity to experience their public colleges and universities;

      (e) Increase the number of youth who view going to college as both necessary and achievable; and

      (f) Develop a model that is scalable statewide.

      (4) Within existing resources, the pilot institutions shall:

      (a) Recruit college students interested in serving as mentors to elementary school students;

      (b) Identify local elementary schools with demonstrated need for a mentoring program;

      (c) Develop a curriculum used for training college mentors. The college may grant college-level credit to students who complete the course;

      (d) Develop any necessary contracts or interagency agreements to facilitate program implementation;

      (e) Provide ongoing support and oversight of the program;

      (f) Solicit grants, awards, and gifts from individuals, businesses, agencies, and foundations;

      (g) Provide community outreach and publicity for the program;

      (h) Develop appropriate outcome measures and evaluate the program at regular intervals;

      (i) Together with the state board for community and technical colleges and in close collaboration with other community and institutional partners, submit to the legislature:

      (i) A preliminary progress report by December 1, 2010, that includes a review of preliminary findings from the pilot project, recommendations regarding the resources necessary to expand the model statewide, and a process and timeline for statewide implementation; and

      (ii) A final report, updating the findings from the preliminary report, by December 1, 2011."

      Senator Kilmer spoke in favor of adoption of the committee striking amendment.

 

      The President declared the question before the Senate to be the adoption of the committee striking amendment by the Committee on Ways & Means to Engrossed House Bill No. 1986.

      The motion by Senator Kilmer carried and the committee striking amendment was adopted by voice vote.

 

MOTION

 

      There being no objection, the following title amendment was adopted:

      On page 1, line 1 of the title, after "mentoring;" strike the remainder of the title and insert "adding a new section to chapter 28B.12 RCW; and creating a new section."

 

MOTION

 

      On motion of Senator Kilmer, the rules were suspended, Engrossed House Bill No. 1986 as amended by the Senate was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

      Senator Kilmer spoke in favor of passage of the bill.

      The President declared the question before the Senate to be the final passage of Engrossed House Bill No. 1986 as amended by the Senate.

 

ROLL CALL

 

      The Secretary called the roll on the final passage of Engrossed House Bill No. 1986 as amended by the Senate and the bill passed the Senate by the following vote: Yeas, 47; Nays, 0; Absent, 0; Excused, 2.

      Voting yea: Senators Becker, Benton, Berkey, Brandland, Brown, Carrell, Delvin, Eide, Fairley, Franklin, Fraser, Hargrove, Hatfield, Hewitt, Hobbs, Holmquist, Honeyford, Jacobsen, Jarrett, Kastama, Kauffman, Keiser, Kilmer, King, Kline, Kohl-Welles, Marr, McAuliffe, McCaslin, McDermott, Morton, Murray, Oemig, Parlette, Pflug, Prentice, Pridemore, Ranker, Regala, Roach, Rockefeller, Schoesler, Sheldon, Stevens, Swecker, Tom and Zarelli

      Excused: Senators Haugen and Shin

      ENGROSSED HOUSE BILL NO. 1986 as amended by the Senate, having received the constitutional majority, was declared passed. There being no objection, the title of the bill was ordered to stand as the title of the act.

 

SECOND READING

 

      ENGROSSED SUBSTITUTE HOUSE BILL NO. 1619, by House Committee on Capital Budget (originally sponsored by Representatives White, Kenney, Sullivan, Carlyle, Nelson, Hasegawa, Liias, Green, Miloscia, Orwall, Maxwell and Simpson)

 

      Concerning the use of capital projects funds by school districts.

 

      The measure was read the second time.

 

MOTION

 

      Senator Fraser moved that the following committee striking amendment by the Committee on Ways & Means be adopted.

      Strike everything after the enacting clause and insert the following:

      "Sec. 1. RCW 28A.320.330 and 2007 c 503 s 2 and 2007 c 129 s 2 are each reenacted and amended to read as follows:

      School districts shall establish the following funds in addition to those provided elsewhere by law:

      (1) A general fund for maintenance and operation of the school district to account for all financial operations of the school district except those required to be accounted for in another fund.

      (2) A capital projects fund shall be established for major capital purposes. All statutory references to a "building fund" shall mean the capital projects fund so established. Money to be deposited into the capital projects fund shall include, but not be limited to, bond proceeds, proceeds from excess levies authorized by RCW 84.52.053, state apportionment proceeds as authorized by RCW 28A.150.270, earnings from capital projects fund investments as authorized by RCW 28A.320.310 and 28A.320.320, and state forest revenues transferred pursuant to subsection (3) of this section.

      Money derived from the sale of bonds, including interest earnings thereof, may only be used for those purposes described in RCW 28A.530.010, except that accrued interest paid for bonds shall be deposited in the debt service fund.

      Money to be deposited into the capital projects fund shall include but not be limited to rental and lease proceeds as authorized by RCW 28A.335.060, and proceeds from the sale of real property as authorized by RCW 28A.335.130.

      Money legally deposited into the capital projects fund from other sources may be used for the purposes described in RCW 28A.530.010, and for the purposes of:

       (a) Major renovation((, including the)) and replacement of facilities and systems where periodical repairs are no longer economical or extend the useful life of the facility or system beyond its original planned useful life. ((Major)) Such renovation and replacement shall include, but shall not be limited to, major repairs, exterior painting of facilities, replacement and refurbishment of roofing, exterior walls, windows, heating and ventilating systems, floor covering in classrooms and public or common areas, and electrical and plumbing systems.

      (b) Renovation and rehabilitation of playfields, athletic fields, and other district real property.

      (c) The conduct of preliminary energy audits and energy audits of school district buildings. For the purpose of this section:

      (i) "Preliminary energy audits" means a determination of the energy consumption characteristics of a building, including the size, type, rate of energy consumption, and major energy using systems of the building.

      (ii) "Energy audit" means a survey of a building or complex which identifies the type, size, energy use level, and major energy using systems; which determines appropriate energy conservation maintenance or operating procedures and assesses any need for the acquisition and installation of energy conservation measures, including solar energy and renewable resource measures.

      (iii) "Energy capital improvement" means the installation, or modification of the installation, of energy conservation measures in a building which measures are primarily intended to reduce energy consumption or allow the use of an alternative energy source.


      (d) Those energy capital improvements which are identified as being cost-effective in the audits authorized by this section.

      (e) Purchase or installation of additional major items of equipment and furniture: PROVIDED, That vehicles shall not be purchased with capital projects fund money.

      (f)(i) Costs associated with implementing technology systems, facilities, and projects, including acquiring hardware, licensing software, and online applications and training related to the installation of the foregoing. However, the software or applications must be an integral part of the district's technology systems, facilities, or projects.

       (ii) Costs associated with the application and modernization of technology systems for operations and instruction including, but not limited to, the ongoing fees for online applications, subscriptions, or software licenses, including upgrades and incidental services, and ongoing training related to the installation and integration of these products and services. However, to the extent the funds are used for the purpose under this subsection (2)(f)(ii), the school district shall transfer to the district's general fund the portion of the capital projects fund used for this purpose. The office of the superintendent of public instruction shall develop accounting guidelines for these transfers in accordance with internal revenue service regulations.

      (g) Major equipment repair, painting of facilities, and other major preventative maintenance purposes. Funds used for this purpose may not supplant routine annual preventive maintenance expenditures made from the district's general fund. However, to the extent the funds are used for the purpose under this subsection (2)(g), the school district shall transfer to the district's general fund the portion of the capital projects fund used for this purpose. The office of the superintendent of public instruction shall develop accounting guidelines for these transfers in accordance with internal revenue service regulations.

      (3) A debt service fund to provide for tax proceeds, other revenues, and disbursements as authorized in chapter 39.44 RCW. State forest land revenues that are deposited in a school district's debt service fund pursuant to RCW 79.64.110 and to the extent not necessary for payment of debt service on school district bonds may be transferred by the school district into the district's capital projects fund.

      (4) An associated student body fund as authorized by RCW 28A.325.030.

      (5) Advance refunding bond funds and refunded bond funds to provide for the proceeds and disbursements as authorized in chapter 39.53 RCW.

      Sec. 2. RCW 84.52.053 and 2007 c 129 s 3 are each amended to read as follows:

      (1) The limitations imposed by RCW 84.52.050 through 84.52.056, and 84.52.043 shall not prevent the levy of taxes by school districts, when authorized so to do by the voters of such school district in the manner and for the purposes and number of years allowable under Article VII, section 2(a) of the Constitution of this state. Elections for such taxes shall be held in the year in which the levy is made or, in the case of propositions authorizing two-year through four-year levies for maintenance and operation support of a school district, authorizing two-year levies for transportation vehicle funds established in RCW 28A.160.130, or authorizing two-year through six-year levies to support the construction, modernization, or remodeling of school facilities, which includes the purposes of RCW 28A.320.330(2) (f) and (g), in the year in which the first annual levy is made.

      (2) Once additional tax levies have been authorized for maintenance and operation support of a school district for a two-year through four-year period as provided under subsection (1) of this section, no further additional tax levies for maintenance and operation support of the district for that period may be authorized. For the purpose of applying the limitation of this subsection, a two-year through six-year levy to support the construction, modernization, or remodeling of school facilities shall not be deemed to be a tax levy for maintenance and operation support of a school district.

      (3) A special election may be called and the time therefor fixed by the board of school directors, by giving notice thereof by publication in the manner provided by law for giving notices of general elections, at which special election the proposition authorizing such excess levy shall be submitted in such form as to enable the voters favoring the proposition to vote "yes" and those opposed thereto to vote "no"."

      Senators Fraser and Brandland spoke in favor of adoption of the committee striking amendment.

 

      The President declared the question before the Senate to be the adoption of the committee striking amendment by the Committee on Ways & Means to Engrossed Substitute House Bill No. 1619.

      The motion by Senator Fraser carried and the committee striking amendment was adopted by voice vote.

 

MOTION

 

      There being no objection, the following title amendment was adopted:

      On page 1, line 2 of the title, after "districts;" strike the remainder of the title and insert "amending RCW 84.52.053; and reenacting and amending RCW 28A.320.330."

 

MOTION

 

      On motion of Senator Fraser, the rules were suspended, Engrossed Substitute House Bill No. 1619 as amended by the Senate was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

      The President declared the question before the Senate to be the final passage of Engrossed Substitute House Bill No. 1619 as amended by the Senate.

 

ROLL CALL

 

      The Secretary called the roll on the final passage of Engrossed Substitute House Bill No. 1619 as amended by the Senate and the bill passed the Senate by the following vote: Yeas, 47; Nays, 0; Absent, 0; Excused, 2.

      Voting yea: Senators Becker, Benton, Berkey, Brandland, Brown, Carrell, Delvin, Eide, Fairley, Franklin, Fraser, Hargrove, Hatfield, Hewitt, Hobbs, Holmquist, Honeyford, Jacobsen, Jarrett, Kastama, Kauffman, Keiser, Kilmer, King, Kline, Kohl-Welles, Marr, McAuliffe, McCaslin, McDermott, Morton, Murray, Oemig, Parlette, Pflug, Prentice, Pridemore, Ranker, Regala, Roach, Rockefeller, Schoesler, Sheldon, Stevens, Swecker, Tom and Zarelli

      Excused: Senators Haugen and Shin

      ENGROSSED SUBSTITUTE HOUSE BILL NO. 1619 as amended by the Senate, having received the constitutional majority, was declared passed. There being no objection, the title of the bill was ordered to stand as the title of the act.

 

SECOND READING

 

      HOUSE BILL NO. 1361, by Representatives Goodman, Rodne, Williams, Dickerson, Walsh, Kagi, Roberts, Pettigrew, O'Brien, Armstrong, Appleton, Ericks, Warnick, Haigh, Moeller, Rolfes, Carlyle, Wallace, Seaquist and Morrell

 

      Regarding county supervised community options.

 

      The measure was read the second time.

 

MOTION

 

      On motion of Senator Regala, the rules were suspended, House Bill No. 1361 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

      Senators Regala and Stevens spoke in favor of passage of the bill.

      The President declared the question before the Senate to be the final passage of House Bill No. 1361.

 

ROLL CALL

 

      The Secretary called the roll on the final passage of House Bill No. 1361 and the bill passed the Senate by the following vote: Yeas, 47; Nays, 0; Absent, 0; Excused, 2.

      Voting yea: Senators Becker, Benton, Berkey, Brandland, Brown, Carrell, Delvin, Eide, Fairley, Franklin, Fraser, Hargrove, Hatfield, Hewitt, Hobbs, Holmquist, Honeyford, Jacobsen, Jarrett, Kastama, Kauffman, Keiser, Kilmer, King, Kline, Kohl-Welles, Marr, McAuliffe, McCaslin, McDermott, Morton, Murray, Oemig, Parlette, Pflug, Prentice, Pridemore, Ranker, Regala, Roach, Rockefeller, Schoesler, Sheldon, Stevens, Swecker, Tom and Zarelli

      Excused: Senators Haugen and Shin

      HOUSE BILL NO. 1361, having received the constitutional majority, was declared passed. There being no objection, the title of the bill was ordered to stand as the title of the act.

 

MOTION

 

      On motion of Senator Schoesler, Senator Brandland was excused.

 

SECOND READING

 

      ENGROSSED SUBSTITUTE HOUSE BILL NO. 1516, by House Committee on Agriculture & Natural Resources (originally sponsored by Representatives Blake and Kretz)

 

      Regarding the recovery of gear used in the coastal Dungeness crab fishery.

 

      The measure was read the second time.

 

MOTION

 

      Senator Jacobsen moved that the following committee striking amendment by the Committee on Natural Resources, Ocean & Recreation be adopted.

      Strike everything after the enacting clause and insert the following:

      "NEW SECTION. Sec. 1. A new section is added to chapter 77.70 RCW to read as follows:

      (1)(a) As part of a coastal commercial Dungeness crab pot removal program, the department shall issue a crab pot removal permit that allows the participants in the Dungeness crab-coastal fishery created in RCW 77.70.280 to remove crab pots belonging to state commercial licensed crab fisheries from coastal marine waters after the close of the primary commercial Dungeness crab-coastal harvest season, regardless of whether the crab pot was originally set by the participant or not. Nothing in this section prohibits the department from exempting certain crab pots from the coastal commercial Dungeness crab pot removal program or from restricting crab pot removal activities to specific geographic areas.

      (b) The director may adopt rules to provide for a permit system that allows for the lawful and orderly removal of lost or abandoned crab pots. In cooperation with individuals with a current commercial Dungeness crab-coastal license, the department may consider expansion of the coastal commercial Dungeness crab pot removal program to times within the primary season as defined by the terms of a valid permit.

      (c) Beginning fifteen days after the close of the primary commercial Dungeness crab-coastal harvest season, any individual with a current commercial Dungeness crab-coastal license and a valid crab pot removal permit issued by the department may remove a crab pot or crab pots used to harvest Dungeness crabs remaining in coastal marine waters after the close of the primary commercial Dungeness crab-coastal harvest season.

      (2) An individual participating in permitted crab pot removal activities in coastal marine waters who has a valid crab pot removal permit, and who adheres to the provisions of the permit as they relate to crab pot removal, is exempt from complying with the lost and found property provisions in chapter 63.21 RCW. The individual who removes the crab pot under a valid crab pot removal permit takes the property free and clear of all claims of the owner or previous holder and free and clear of all individuals claiming ownership under the previous owner.

      (3)(a) A person is guilty of unlawful use of a crab pot removal permit if the person:

      (i) Violates any terms or conditions of the permit issued under this section; or

      (ii) Violates any rule of the department applicable to the requirement for, issuance of, or use of the permit.

      (b) Unlawful use of a crab pot removal permit is a misdemeanor.

      Sec. 2. RCW 63.21.080 and 1994 c 51 s 6 are each amended to read as follows:

      This chapter shall not apply to:

      (1) Motor vehicles under chapter 46.52 RCW;

      (2) Unclaimed property in the hands of a bailee under chapter 63.24 RCW;

      (3) Uniform disposition of unclaimed property under chapter 63.29 RCW; ((and))

      (4) Secured vessels under chapter ((88.27)) 79A.65 RCW; and

      (5) Crab pots in coastal marine waters under section 1 of this act."

 

MOTION

 

Senator Hargrove moved that the following amendment by Senator Hargrove and others to the committee striking amendment be adopted.

      On page 1, beginning on line 12 of the amendment, after "not." strike all material through "season." on line 28 and insert the following:

      "(b) Beginning fifteen days after the close of the primary commercial Dungeness crab-coastal harvest season, any individual with a current commercial Dungeness crab-coastal license and a valid crab pot removal permit issued by the department may remove a crab pot or crab pots used to harvest Dungeness crabs remaining in coastal marine waters after the close of the primary commercial Dungeness crab-coastal harvest season.

      (c) In cooperation with individuals with a current commercial Dungeness crab-coastal license, the department may expand the coastal commercial Dungeness crab pot removal program to those areas closed to commercial Dungeness crab harvest prior to the end of the primary season.

      (d) Nothing in this section prohibits the department from exempting certain crab pots from the coastal commercial Dungeness crab pot removal program or from restricting crab pot removal activities to specific geographic areas.

      (e) The department may adopt rules to implement this subsection (1)."

      Senator Hargrove spoke in favor of adoption of the amendment to the committee striking amendment.

 

The President declared the question before the Senate to be the adoption of the amendment by Senator Hargrove and others on page 1, line 12 to the committee striking amendment to Engrossed Substitute House Bill No. 1516.

The motion by Senator Hargrove carried and the amendment to the committee striking amendment was adopted by voice vote.

 

      The President declared the question before the Senate to be the adoption of the committee striking amendment by the Committee on Natural Resources, Ocean & Recreation as amended to Engrossed Substitute House Bill No. 1516.

      The motion by Senator Jacobsen carried and the committee striking amendment as amended was adopted by voice vote.

 

MOTION

 

      There being no objection, the following title amendment was adopted:

      On page 1, line 2 of the title, after "fisheries;" strike the remainder of the title and insert "amending RCW 63.21.080; adding a new section to chapter 77.70 RCW; and prescribing penalties."

 

MOTION

 

      On motion of Senator Jacobsen, the rules were suspended, Engrossed Substitute House Bill No. 1516 as amended by the Senate was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

      Senators Jacobsen and Morton spoke in favor of passage of the bill.

      The President declared the question before the Senate to be the final passage of Engrossed Substitute House Bill No. 1516 as amended by the Senate.

 

ROLL CALL

 

      The Secretary called the roll on the final passage of Engrossed Substitute House Bill No. 1516 as amended by the Senate and the bill passed the Senate by the following vote: Yeas, 49; Nays, 0; Absent, 0; Excused, 0.

      Voting yea: Senators Becker, Benton, Berkey, Brandland, Brown, Carrell, Delvin, Eide, Fairley, Franklin, Fraser, Hargrove, Hatfield, Haugen, Hewitt, Hobbs, Holmquist, Honeyford, Jacobsen, Jarrett, Kastama, Kauffman, Keiser, Kilmer, King, Kline, Kohl-Welles, Marr, McAuliffe, McCaslin, McDermott, Morton, Murray, Oemig, Parlette, Pflug, Prentice, Pridemore, Ranker, Regala, Roach, Rockefeller, Schoesler, Sheldon, Shin, Stevens, Swecker, Tom and Zarelli

      ENGROSSED SUBSTITUTE HOUSE BILL NO. 1516 as amended by the Senate, having received the constitutional majority, was declared passed. There being no objection, the title of the bill was ordered to stand as the title of the act.

 

MOTION

 

      On motion of Senator Eide, Rule 15 was suspended for the remainder of the day for the purpose of allowing continued floor action.

 

EDITOR’S NOTE: Senate Rule 15 establishes the floor schedule and calls for a lunch and dinner break of 90 minutes each per day during regular daily sessions.

 

MOTION

 

At 12:00 p.m., on motion of Senator Eide, the Senate was declared to be at recess until 1:00 p.m.

 

AFTERNOON SESSION

 

The Senate was called to order at 1:00 p.m. by the President Pro Tempore.

 

MOTION

 

At 1:05 p.m., on motion of Senator Eide, the Senate was declared to be at ease subject to the call of the President.

 

The Senate was called to order at 1:55 p.m. by President Owen.

 

SECOND READING

 

      ENGROSSED SUBSTITUTE HOUSE BILL NO. 2261, by House Committee on Education Appropriations (originally sponsored by Representatives Sullivan, Priest, Hunter, Anderson, Maxwell, White, Quall, Liias, Dammeier, Rodne, Wallace, Pedersen, Kelley, Goodman, Springer, Hope, Nelson, Miloscia, Carlyle, Hunt, Morris, Morrell, Probst, Pettigrew, Eddy, Simpson, Kenney, Moeller, Smith, Condotta, McCoy, Kagi, Chase, Rolfes, Clibborn, Ormsby, Haler and Cox)

 

      Concerning the state's education system.

 

      The measure was read the second time.

 

MOTION

 

      Senator McAuliffe moved that the following committee striking amendment by the Committee on Ways & Means be not adopted.

      Strike everything after the enacting clause and insert the following:

      "NEW SECTION. Sec. 1. (1) Public education in Washington state has evolved since the enactment of the Washington basic education act of 1977. Decisions by the courts have played a part in this evolution, as have studies and research about education practices and education funding. The legislature finds ample evidence of a need for continuing to refine the program of basic education that is funded by the state and delivered by school districts.

      (2) The legislature reaffirms the work of Washington Learns and other educational task forces that have been convened over the past four years and their recommendations to make bold reforms to the entire educational system in order to educate all students to a higher level; to focus on the individualized instructional needs of students; to strive towards closing the achievement gap and reducing dropout rates; and to prepare students for a constantly evolving workforce and increasingly demanding global economy. In enacting this legislation, the legislature intends to continue to review, evaluate, and revise the definition and funding of basic education in order to continue to fulfill the state obligation under Article IX of the state Constitution. The legislature also intends to continue to strengthen and modify the structure of the entire K-12 educational system, including nonbasic education programmatic elements, in order to build the capacity to anticipate and support potential future enhancements to basic education as the educational needs of our citizens continue to evolve.

      (3) The legislature recognizes that the first step in revising the definition and funding of basic education is to create a transparent funding system for both allocations and expenditures so that not only policymakers and educators understand how the state supports basic education but also taxpayers understand this. An adequate data system that enables the legislature to make rational, data-driven decisions on what educational programs impact student learning in order to more effectively and efficiently deliver the resources necessary to provide an ample program of basic education is also a necessity. A new prototypical funding system will allow the legislature to better understand how current resources are being used. A more complete and accurate educational data system will allow the legislature to understand whether current basic education programs are supporting student learning. Only with both of these systems in place can the legislature make informed decisions on how to best implement a dynamic and evolving system of basic education.

      (4) For practical and educational reasons, major changes of the program of basic education and the funding formulas to support it cannot occur instantaneously. The legislature intends to build upon the previous efforts of the legislature and the basic education task force in order to develop a realistic implementation strategy for a new instructional program after technical experts develop the details of the prototypical schools funding formulas and data and reporting system that will support a new instructional program. The legislature also intends to establish a formal structure for ongoing monitoring of the capacity of the system to implement enhancements to basic education that is evidence-based and has been proven to have positive impacts on student learning. With this information the legislature can begin a schedule for implementation of a redefined program of basic education and the resources necessary to support it. It is the legislature's intent that when the system has the capacity to fully implement future reforms and enhancements they will be included in a definition and funding of basic education.

      (5) It is the further intent of the legislature to also address additional issues that are of importance to the legislature but are not part of basic education.

      NEW SECTION. Sec. 2. It is the intent of the legislature that the policies and allocation formulas adopted under this act will constitute the legislature's definition of basic education under Article IX of the state Constitution once fully implemented. The legislature intends, however, to continue to review and revise the formulas and schedules and may make additional revisions, including revisions for technical purposes and consistency in the event of mathematical or other technical errors.

 

PART I

PROGRAM AND FUNDING OF BASIC EDUCATION

 

      Sec. 101. RCW 28A.150.200 and 1990 c 33 s 104 are each amended to read as follows:

      ((This 1977 amendatory act shall be known and may be cited as "The Washington Basic Education Act of 1977." The program evolving from the Basic Education Act shall include (1) the goal of the school system as defined in RCW 28A.150.210, (2) those program requirements enumerated in RCW 28A.150.220, and (3) the determination and distribution of state resources as defined in RCW 28A.150.250 and 28A.150.260.

      The requirements of the Basic Education Act are)) (1) The program of basic education established under this chapter is deemed by the legislature to comply with the requirements of Article IX, section 1 of the state Constitution, which states that "It is the paramount duty of the state to make ample provision for the education of all children residing within its borders, without distinction or preference on account of race, color, caste, or sex," and ((are)) is adopted pursuant to Article IX, section 2 of the state Constitution, which states that "The legislature shall provide for a general and uniform system of public schools."

      (2) The legislature defines the program of basic education under this chapter as that which is necessary to provide the opportunity to develop the knowledge and skills necessary to meet the state-established high school graduation requirements that are intended to allow students to have the opportunity to graduate with a meaningful diploma that prepares them for postsecondary education, gainful employment, and citizenship. Basic education by necessity is an evolving program of instruction intended to reflect the changing educational opportunities that are needed to equip students for their role as productive citizens and includes the following:

      (a) The instructional program of basic education the minimum components of which are described in RCW 28A.150.220;

       (b) The program of education provided by chapter 28A.190 RCW for students in residential schools as defined by RCW 28A.190.020 and for juveniles in detention facilities as identified by RCW 28A.190.010;

      (c) The program of education provided by chapter 28A.193 RCW for individuals under the age of eighteen who are incarcerated in adult correctional facilities; and

      (d) Transportation and transportation services to and from school for eligible students as provided under RCW 28A.160.150 through 28A.160.180.

      NEW SECTION. Sec. 102. The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.

      (1) "Basic education goal" means the student learning goals and the student knowledge and skills described under RCW 28A.150.210.

      (2) "Certificated administrative staff" means 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).

      (3) "Certificated employee" as used in this chapter and RCW 28A.195.010, 28A.405.100, 28A.405.210, 28A.405.240, 28A.405.250, 28A.405.300 through 28A.405.380, and chapter 41.59 RCW, means those persons who hold certificates as authorized by rule of the Washington professional educator standards board.


      (4) "Certificated instructional staff" means those persons employed by a school district who are nonsupervisory certificated employees within the meaning of RCW 41.59.020(8).

      (5) "Class size" means an instructional grouping of students where, on average, the ratio of students to teacher is the number specified.

      (6) "Classified employee" means a person who does not hold a professional education certificate or is employed in a position that does not require such a certificate.

      (7) "Classroom teacher" means a person who holds a professional education certificate and is employed in a position for which such certificate is required whose primary duty is the daily educational instruction of students. In exceptional cases, people of unusual competence but without certification may teach students so long as a certificated person exercises general supervision, but the hiring of such classified employees shall not occur during a labor dispute, and such classified employees shall not be hired to replace certificated employees during a labor dispute.

      (8) "Instructional program of basic education" means the minimum program required to be provided by school districts and includes instructional hour requirements and other components under RCW 28A.150.220.

      (9) "Program of basic education" means the overall program under RCW 28A.150.200 and deemed by the legislature to comply with the requirements of Article IX, section 1 of the state Constitution.

      (10) "School day" means each day of the school year on which pupils enrolled in the common schools of a school district are engaged in academic and career and technical instruction planned by and under the direction of the school.

      (11) "School year" includes the minimum number of school days required under RCW 28A.150.220 and begins on the first day of September and ends with the last day of August, except that any school district may elect to commence the annual school term in the month of August of any calendar year and in such case the operation of a school district for such period in August shall be credited by the superintendent of public instruction to the succeeding school year for the purpose of the allocation and distribution of state funds for the support of such school district.

      (12) "Teacher planning period" means a period of a school day as determined by the administration and board of the directors of the district that may be used by teachers for instruction-related activities including but not limited to preparing instructional materials; reviewing student performance; recording student data; consulting with other teachers, instructional assistants, mentors, instructional coaches, administrators, and parents; or participating in professional development.

      Sec. 103. RCW 28A.150.210 and 2007 c 400 s 1 are each amended to read as follows:

      ((The goal of the basic education act for the schools of the state of Washington set forth in this chapter shall be)) A basic education is an evolving program of instruction that is intended to provide students with the opportunity to become responsible and respectful global citizens, to contribute to their economic well- being and that of their families and communities, to explore and understand different perspectives, and to enjoy productive and satisfying lives. Additionally, the state of Washington intends to provide for a public school system that is able to evolve and adapt in order to better focus on strengthening the educational achievement of all students, which includes high expectations for all students and gives all students the opportunity to achieve personal and academic success. To these ends, the goals of each school district, with the involvement of parents and community members, shall be to provide opportunities for every student to develop the knowledge and skills essential to:

      (1) Read with comprehension, write effectively, and communicate successfully in a variety of ways and settings and with a variety of audiences;

      (2) Know and apply the core concepts and principles of mathematics; social, physical, and life sciences; civics and history, including different cultures and participation in representative government; geography; arts; and health and fitness;

      (3) Think analytically, logically, and creatively, and to integrate different experiences and knowledge to form reasoned judgments and solve problems; and

      (4) Understand the importance of work and finance and how performance, effort, and decisions directly affect future career and educational opportunities.

      Sec. 104. RCW 28A.150.220 and 1993 c 371 s 2 are each amended to read as follows:

      (1) Satisfaction of the basic education ((program requirements)) goal identified in RCW 28A.150.210 ((shall be considered)) is intended to be implemented by the following minimum instructional program:

      (a) Each school district shall make available to students enrolled in kindergarten at least a total instructional offering of four hundred fifty hours. The program shall include instruction in the essential academic learning requirements under RCW ((28A.630.885)) 28A.655.070 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 enrolled in grades one through twelve, at least a district-wide annual average total instructional hour offering of one thousand hours. The annual average total instructional hour offering shall be increased to at least one thousand eighty instructional hours for students enrolled in each of grades seven through twelve and at least one thousand instructional hours for students in each of grades one through six according to an implementation schedule adopted by the legislature and only as the capacity of the educational system is adequate to support such an increase in instructional hours. The state board of education may define alternatives to classroom instructional time for students in grades nine through twelve enrolled in alternative learning experiences. The state board of education shall establish rules to determine annual average instructional hours for districts including fewer than twelve grades. The program shall include the essential academic learning requirements under RCW ((28A.630.885)) 28A.655.070 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 group;

      (c) If the essential academic learning requirements include a requirement of languages other than English, the requirement may be met by students receiving instruction in one or more American Indian languages;

      (d) Supplemental instruction and services for underachieving students through the learning assistance program under RCW 28A.165.005 through 28A.165.065;

      (e) Supplemental instruction and services for eligible and enrolled students whose primary language is other than English through the transitional bilingual instruction program under RCW 28A.180.010 through 28A.180.080;


      (f) The opportunity for an appropriate education at public expense as defined by RCW 28A.155.020 for all eligible students with disabilities as defined in RCW 28A.155.020; and

      (g) The opportunity to complete the high school coursework necessary to meet state-established high school graduation requirements.

      (2) Nothing contained in subsection (1) 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.

      (3) 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.225.160, 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)). However, 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.150.250 and 28A.150.260.

      (4) The state board of education shall adopt rules to implement and ensure compliance with the program requirements imposed by this section, RCW 28A.150.250 and 28A.150.260, and such related supplemental program approval requirements as the state board may establish.

      (5) Nothing in this section precludes a school district from enriching the instructional program of basic education, such as offering additional instruction or providing additional services, programs, or activities that the school district determines to be appropriate for the education of the school district's students.

      Sec. 105. RCW 28A.150.250 and 1990 c 33 s 107 are each amended to read as follows:

      (1) 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.510.250 to each school district of the state operating a basic education instructional program approved by the state board of education an amount based on the formulas provided in RCW 28A.150.260, 28A.150.390, and section 108 of this act 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.520.010 and 28A.520.020, 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.150.220)).

      (2) The instructional program of basic education shall be considered to be fully funded by those amounts of dollars appropriated by the legislature pursuant to RCW ((28A.150.250 and)) 28A.150.260, 28A.150.390, and section 108 of this act to fund those program requirements identified in RCW 28A.150.220 in accordance with the formula ((and ratios)) provided in RCW 28A.150.260 and those amounts of dollars appropriated by the legislature to fund the salary requirements of RCW ((28A.150.100 and)) 28A.150.410.

      ((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.))

      (3) If a school district's basic education program fails to meet the basic education requirements enumerated in RCW ((28A.150.250,)) 28A.150.260((,)) and 28A.150.220, 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)). However, the state board of education may waive this requirement in the event of substantial lack of classroom space.

      Sec. 106. RCW 28A.150.260 and 2006 c 263 s 322 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)) The purpose of this section is to provide for the allocation of state funding that the legislature deems necessary to support school districts in offering the minimum instructional program of basic education under RCW 28A.150.220. The allocation shall be determined as follows:

      (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 instructional allocation for each ((annual average full time equivalent student enrolled in a)) common school district. ((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:

      (a) Certificated instructional staff and their related costs;

      (b) Certificated administrative staff and their related costs;

      (c) Classified staff and their related costs;

      (d) Nonsalary costs;

      (e) Extraordinary costs, including school facilities, of remote and necessary schools as judged by the superintendent of public instruction, with recommendations from the school facilities citizen advisory panel under RCW 28A.525.025, and small high schools, including costs of additional certificated and classified staff; and

      (f) The attendance of students pursuant to RCW 28A.335.160 and 28A.225.250 who do not reside within the servicing school district.))

      (2)(((a))) The distribution formula under this section shall be for allocation purposes only. Except as may be required under chapter 28A.165, 28A.180, or 28A.155 RCW, or federal laws and regulations, nothing in this section requires school districts to use basic education instructional funds to implement a particular instructional approach or service. Nothing in this section requires school districts to maintain a particular classroom teacher-to-student ratio or other staff-to-student ratio or to use allocated funds to pay for particular types or classifications of staff. Nothing in this section entitles an individual teacher to a particular teacher planning period.

      (3)(a) To the extent the technical details of the formula have been adopted by the legislature, the distribution formula for the basic education instructional allocation shall be based on minimum staffing and nonstaff costs the legislature deems necessary to support instruction and operations in prototypical schools serving high, middle, and elementary school students as provided in this section. The use of prototypical schools for the distribution formula does not constitute legislative intent that schools should be operated or structured in a similar fashion as the prototypes. Prototypical schools illustrate the level of resources needed to operate a school of a particular size with particular types and grade levels of students using commonly understood terms and inputs, such as class size, hours of instruction, and various categories of school staff. It is the intent that the funding allocations to school districts be adjusted from the school prototypes based on the actual number of annual average full-time equivalent students in each grade level at each school in the district and not based on the grade-level configuration of the school to the extent that data is available. The allocations shall be further adjusted from the school prototypes with minimum allocations for small schools and to reflect other factors identified in the omnibus appropriations act.

      (b) For the purposes of this section, prototypical schools are defined as follows:

      (i) A prototypical high school has six hundred average annual full-time equivalent students in grades nine through twelve;

      (ii) A prototypical middle school has four hundred thirty-two average annual full-time equivalent students in grades seven and eight; and

      (iii) A prototypical elementary school has four hundred average annual full-time equivalent students in grades kindergarten through six.

      (c) The minimum allocation for each level of prototypical school shall be based on the number of full-time equivalent classroom teachers needed to provide instruction over the minimum required annual instructional hours under RCW 28A.150.220 and provide at least one teacher planning period per school day, and based on an average class size as specified in the omnibus appropriations act. The omnibus appropriations act shall at a minimum specify:

      (i) Basic average class size;

      (ii) Basic average class size in schools where more than fifty percent of the students are eligible for free and reduced-price meals; and

      (iii) Average class size in grades kindergarten through three.

      (d) The minimum allocation for each level of prototypical school shall include allocations for staff in addition to classroom teachers.

      (4) The minimum allocation for each school district shall include allocations per annual average full-time equivalent student for the following materials, supplies, and operating costs: Student technology; utilities; curriculum, textbooks, library materials, and instructional supplies; instructional professional development; other building-level costs including maintenance, custodial, and security; and central office administration.

      (5) The allocations provided under subsections (3) and (4) of this section shall be enhanced as follows to provide additional allocations for classroom teachers and maintenance, supplies, and operating costs:

      (a) To provide supplemental instruction and services for underachieving students through the learning assistance program under RCW 28A.165.005 through 28A.165.065, allocations shall be based on the percent of students in each school who are eligible for free and reduced-price meals. The minimum allocation for the learning assistance program shall provide an extended school day and extended school year for each level of prototypical school and a per student allocation for maintenance, supplies, and operating costs.

      (b) To provide supplemental instruction and services for students whose primary language is other than English, allocations shall be based on the number of students in each school who are eligible for and enrolled in the transitional bilingual instruction program under RCW 28A.180.010 through 28A.180.080. The minimum allocation for each level of prototypical school shall provide for supplemental instruction based on percent of the school day a student is assumed to receive supplemental instruction and a per student allocation for maintenance, supplies, and operating costs.

       (6) The allocations under subsections (3)(b), (c)(i), and (d), (4), and (7) of this section shall be enhanced as provided under RCW 28A.150.390 on an excess cost basis to provide supplemental instructional resources for students with disabilities.

      (7) The distribution formula shall include allocations to school districts to support staffing of central office administration. The minimum allocation shall be calculated as a percentage, identified in the omnibus appropriations act, of the total allocations for staff under subsection (3) of this section for all schools in the district.

      (8) For the purposes of allocations for prototypical high schools and middle schools under subsections (3) and (5) of this section that are based on the percent of students in the school who are eligible for free and reduced-price meals, the actual percent of such students in a school shall be adjusted by a factor identified in the omnibus appropriations act to reflect underreporting of free and reduced-price meal eligibility among middle and high school students.

      (9)(a) 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. ((The formula shall be for allocation purposes only. While the legislature intends that the allocations for additional instructional staff be used to increase the ratio of such staff to students, nothing in this section shall require districts to reduce the number of administrative staff below existing levels.

      (b) The formula adopted by the legislature shall reflect the following ratios at a minimum: (i) Forty-nine certificated instructional staff to one thousand annual average full time equivalent students enrolled in grades kindergarten through three; (ii) forty-six certificated instructional staff to one thousand annual average full time equivalent students in grades four through twelve; (iii) four certificated administrative staff to one thousand annual average full time equivalent students in grades kindergarten through twelve; and (iv) sixteen and sixty-seven one-hundredths classified personnel to one thousand annual average full time equivalent students enrolled in grades kindergarten through twelve.

      (c))) (b) 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.150.220 and 28A.150.100)).

      (c) 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.150.350, enrolled on the first school day of each month ((and shall exclude full time equivalent students with disabilities recognized for the purposes of allocation of state funds for programs under RCW 28A.155.010 through 28A.155.100)), including students who are in attendance pursuant to RCW 28A.335.160 and 28A.225.250 who do not reside within the servicing school district. The definition of full-time equivalent student shall be determined by rules of the superintendent of public instruction((: PROVIDED, That the definition)) and shall be included as part of the superintendent's biennial budget request((: PROVIDED, FURTHER, That)). The definition shall be based on the minimum instructional hour offerings required under RCW 28A.150.220. Any revision of the present definition shall not take effect until approved by the house ((appropriations)) ways and means committee and the senate ways and means committee((: PROVIDED, FURTHER, That)).

      (d) 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 instructional staff shall include those persons employed by a school district 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 classified people shall not occur during a labor dispute and such classified people shall not be hired to replace certificated employees during a labor dispute.

      (b) Certificated administrative staff 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).))

      Sec. 107. RCW 28A.150.390 and 1995 c 77 s 6 are each amended to read as follows:

      (1) The superintendent of public instruction shall submit to each regular session of the legislature during an odd-numbered year a programmed budget request for special education programs for students with disabilities. Funding for programs operated by local school districts shall be on an excess cost basis from appropriations provided by the legislature for special education programs for students with disabilities and shall take account of state funds accruing through RCW ((28A.150.250,)) 28A.150.260((,)) (3) through (5) and federal medical assistance and private funds accruing under RCW 74.09.5249 through 74.09.5253 and 74.09.5254 through 74.09.5256((, and other state and local funds, excluding special excess levies)).

      (2) The excess cost allocation to school districts shall be based on the following:

      (a) A district's annual average headcount enrollment of students ages birth through four and those five year olds not yet enrolled in kindergarten who are eligible for and enrolled in special education, multiplied by the district's base allocation per full-time equivalent student, multiplied by 1.15; and

      (b) A district's annual average full-time equivalent basic education enrollment, multiplied by the district's funded enrollment percent, multiplied by the district's base allocation per full-time equivalent student, multiplied by 0.9309.

      (3) As used in this section:

      (a) "Base allocation" means the total state allocation to all schools in the district generated by the distribution formula under RCW 28A.150.260 (3) (b), (c)(i), and (d), (4), and (7), to be divided by the district's full-time equivalent enrollment.

      (b) "Basic education enrollment" means enrollment of resident students including nonresident students enrolled under RCW 28A.225.225 and students from nonhigh districts enrolled under RCW 28A.225.210 and excluding students residing in another district enrolled as part of an interdistrict cooperative program under RCW 28A.225.250.

       (c) "Enrollment percent" means the district's resident special education annual average enrollment, excluding students ages birth through four and those five year olds not yet enrolled in kindergarten, as a percent of the district's annual average full-time equivalent basic education enrollment.

      (d) "Funded enrollment percent" means the lesser of the district's actual enrollment percent or twelve and seven-tenths percent.

      NEW SECTION. Sec. 108. (1) To the extent necessary, funds shall be made available for safety net awards for districts with demonstrated needs for special education funding beyond the amounts provided through the special education funding formula under RCW 28A.150.390. If the federal safety net awards based on the federal eligibility threshold exceed the federal appropriation in any fiscal year, then the superintendent shall expend all available federal discretionary funds necessary to meet this need. Safety net funds shall be awarded by the state safety net oversight committee subject to the following conditions and limitations:

      (a) The committee shall consider additional funds for districts that can convincingly demonstrate that all legitimate expenditures for special education exceed all available revenues from state funding formulas. In the determination of need, the committee shall also consider additional available revenues from federal sources. Differences in program costs attributable to district philosophy, service delivery choice, or accounting practices are not a legitimate basis for safety net awards. In the determination of need, the committee shall require that districts demonstrate that they are maximizing their eligibility for all state and federal revenues related to services for special education students.

      (b) The committee shall then consider the extraordinary high cost needs of one or more individual special education students. Differences in costs attributable to district philosophy, service delivery choice, or accounting practices are not a legitimate basis for safety net awards.

      (c) Using criteria developed by the committee, the committee shall then consider extraordinary costs associated with communities that draw a larger number of families with children in need of special education services. Safety net awards under this subsection (1)(c) shall be adjusted to reflect amounts awarded under (b) of this subsection.

      (d) The maximum allowable indirect cost for calculating safety net eligibility may not exceed the federal restricted indirect cost rate for the district plus one percent.

      (e) Safety net awards shall be adjusted based on the percent of potential medicaid eligible students billed as calculated by the superintendent of public instruction in accordance with chapter 318, Laws of 1999.

      (f) Safety net awards must be adjusted for any audit findings or exceptions related to special education funding.


      (2) The superintendent of public instruction may adopt such rules and procedures as are necessary to administer the special education funding and safety net award process. Before revising any standards, procedures, or rules, the superintendent shall consult with the office of financial management and the fiscal committees of the legislature. In adopting and revising the rules, the superintendent shall ensure the application process to access safety net funding is streamlined, timelines for submission are not in conflict, feedback to school districts is timely and provides sufficient information to allow school districts to understand how to correct any deficiencies in a safety net application, and that there is consistency between awards approved by school district and by application period. The office of the superintendent of public instruction shall also provide technical assistance to school districts in preparing and submitting special education safety net applications.

      (3) On an annual basis, the superintendent shall survey districts regarding their satisfaction with the safety net process and consider feedback from districts to improve the safety net process. Each year by December 1st, the superintendent shall prepare and submit a report to the office of financial management and the appropriate policy and fiscal committees of the legislature that summarizes the survey results and those changes made to the safety net process as a result of the school district feedback.

      (4) The safety net oversight committee appointed by the superintendent of public instruction shall consist of:

      (a) One staff member from the office of the superintendent of public instruction;

       (b) Staff of the office of the state auditor who shall be nonvoting members of the committee; and 

      (c) One or more representatives from school districts or educational service districts knowledgeable of special education programs and funding.

      Sec. 109. RCW 28A.150.380 and 2001 c 3 s 10 are each amended to read as follows:

      (1) The state legislature shall, at each regular session in an odd-numbered year, appropriate ((from the state general fund)) for the current use of the common schools such amounts as needed for state support to ((the common schools)) school districts during the ensuing biennium ((as provided in this chapter, RCW 28A.160.150 through 28A.160.210, 28A.300.170, and 28A.500.010)) for the program of basic education under RCW 28A.150.200.

      (2) In addition to those state funds provided to school districts for basic education, the legislature may appropriate funds to be distributed to school districts for other factors and for other special programs to enhance or enrich the program of basic education.

      (3) The state legislature shall also, at each regular session in an odd-numbered year, appropriate from the student achievement fund and education construction fund solely for the purposes of and in accordance with the provisions of the student achievement act during the ensuing biennium.

      Sec. 110. RCW 28A.230.090 and 2006 c 114 s 3 are each amended to read as follows:

      (1) The state board of education shall establish high school graduation requirements or equivalencies for students, except those equivalencies established by local high schools or school districts under RCW 28A.230.097.

      (a) Any course in Washington state history and government used to fulfill high school graduation requirements shall consider including information on the culture, history, and government of the American Indian peoples who were the first inhabitants of the state.

      (b) The certificate of academic achievement requirements under RCW 28A.655.061 or the certificate of individual achievement requirements under RCW 28A.155.045 are required for graduation from a public high school but are not the only requirements for graduation.

      (c) Any decision on whether a student has met the state board's high school graduation requirements for a high school and beyond plan shall remain at the local level.

      (2)(a) In recognition of the statutory authority of the state board of education to establish and enforce minimum high school graduation requirements, the state board shall periodically reevaluate the graduation requirements and shall report such findings to the legislature in a timely manner as determined by the state board.

      (b) The state board shall reevaluate the graduation requirements for students enrolled in vocationally intensive and rigorous career and technical education programs, particularly those programs that lead to a certificate or credential that is state or nationally recognized. The purpose of the evaluation is to ensure that students enrolled in these programs have sufficient opportunity to earn a certificate of academic achievement, complete the program and earn the program's certificate or credential, and complete other state and local graduation requirements. ((The board shall reports [report] its findings and recommendations for additional flexibility in graduation requirements, if necessary, to the legislature by December 1, 2007.))

      (c) The state board shall forward any proposed changes to the high school graduation requirements to the education committees of the legislature for review and to the quality education council established under section 113 of this act. The legislature shall have the opportunity to act during a regular legislative session before the changes are adopted through administrative rule by the state board. Changes that have a fiscal impact on school districts, as identified by a fiscal analysis prepared by the office of the superintendent of public instruction, shall take effect only if formally authorized and funded by the legislature through the omnibus appropriations act or other enacted legislation. In making proposed changes to the high school graduation requirements, the state board and the legislature shall take into account the capacity of the educational system to implement those changes and if necessary shall establish an implementation schedule that reflects the capacity needs.

      (3) Pursuant to any requirement for instruction in languages other than English established by the state board of education or a local school district, or both, for purposes of high school graduation, students who receive instruction in American sign language or one or more American Indian languages shall be considered to have satisfied the state or local school district graduation requirement for instruction in one or more languages other than English.

      (4) If requested by the student and his or her family, a student who has completed high school courses before attending high school shall be given high school credit which shall be applied to fulfilling high school graduation requirements if:

      (a) The course was taken with high school students, if the academic level of the course exceeds the requirements for seventh and eighth grade classes, and the student has successfully passed by completing the same course requirements and examinations as the high school students enrolled in the class; or

      (b) The academic level of the course exceeds the requirements for seventh and eighth grade classes and the course would qualify for high school credit, because the course is similar or equivalent to a course offered at a high school in the district as determined by the school district board of directors.

      (5) Students who have taken and successfully completed high school courses under the circumstances in subsection (4) of this section shall not be required to take an additional competency examination or perform any other additional assignment to receive credit.

      (6) At the college or university level, five quarter or three semester hours equals one high school credit.

      NEW SECTION. Sec. 111. (1) The legislature intends to continue to redefine the instructional program of education under RCW 28A.150.220 that fulfills the obligations and requirements of Article IX of the state Constitution. The funding formulas under RCW 28A.150.260 to support the instructional program shall be implemented beginning in the 2011-12 school year to the extent the technical details of the formula have been established and according to an implementation schedule to be adopted by the legislature. The object of the schedule is to assure that any increases in funding allocations are timely, predictable, and occur concurrently with any increases in program or instructional requirements. It is the intent of the legislature that no increased programmatic or instructional expectations be imposed upon schools or school districts without an accompanying increase in resources as necessary to support those increased expectations.

      (2) The office of financial management, with assistance and support from the office of the superintendent of public instruction, shall convene a technical working group to recommend the details of the funding formulas and a concurrent implementation schedule.

      (3) In addition to any other details the technical working group deems necessary, the technical working group shall:

      (a) Based on the intent established in RCW 28A.150.260, determine how to adjust the actual allocations to school districts from the school prototypes and what additional data might be necessary to allow adjustments based on the actual number of full-time equivalent students in each grade level at each school in the district;

      (b) Recommend whether there should be additional class size categories, in addition to those in RCW 28A.150.260, that should be specified in the omnibus appropriations act for prototypical schools;

      (c) Recommend what staff categories, in addition to classroom teachers, should have specified allocations included in the omnibus appropriations act for prototypical schools. In developing the list, the working group shall at a minimum consider the following categories:

      (i) Principals, including assistant principals and other certificated building-level administrators;

      (ii) Teacher or classified employee librarians, a function that includes information literacy, technology, and media to support school library media programs;

      (iii) Student health services, a function that includes school nurses, whether certificated instructional or classified employee, and social workers;

      (iv) Guidance counselors, a function that includes parent outreach and graduation advisor;

      (v) Professional development coaches;

      (vi) Teaching assistance, which includes any aspect of educational instructional services provided by classified employees;

      (vii) Office support, technology support, and noninstructional aides;

      (viii) Custodians, warehouse, maintenance, laborer, and professional and technical education support employees;

       (ix) Student and staff safety; and

      (x) Teacher mentor enhancement; and

      (d) Recommend whether additional categories of enhancements to the annual average full-time equivalent student allocation should be included in the omnibus appropriations act for prototypical schools, any recommended criteria for those enhancements, and whether restrictions on when those enhancements apply should be included. The working group shall at a minimum give consideration to the following potential enhancements:

      (i) Based on student enrollment in exploratory career and technical education courses;

      (ii) Based on student enrollment in laboratory science courses;

      (iii) Based on student enrollment in preparatory career and technical education courses;

      (iv) Based on enrollment in preparatory career and technical education courses offered through a skill center; and

      (v) Based on the enrollment of highly capable students.

      (4) The working group shall include representatives of the legislative evaluation and accountability program committee, school district and educational service district financial managers, the Washington association of school business officers, the Washington education association, the Washington association of school administrators, the association of Washington school principals, the Washington state school directors' association, the public school employees of Washington, and other interested stakeholders with expertise in education finance. The working group may convene advisory subgroups on specific topics as necessary to assure participation and input from a broad array of diverse stakeholders.

      (5) The working group shall be monitored and overseen by the legislature. The working group shall submit its recommendations to the legislature by December 1, 2009.

      NEW SECTION. Sec. 112. A new section is added to chapter 28A.300 RCW to read as follows:

      (1) As part of the estimates and information submitted to the governor by the superintendent of public instruction under RCW 28A.300.170, the superintendent of public instruction shall biennially make determinations on the educational system's capacity to accommodate increased resources in relation to the recommended elements in the prototypical funding allocation model. In areas where there are specific and significant capacity limitations to providing enhancements to a recommended element, the superintendent of public instruction shall identify those limitations and make recommendations on how to address the issue.

      (2) The legislature shall:

      (a) Review the recommendations of the superintendent of public instruction submitted under subsection (1) of this section; and

      (b) Use the information as it continues to review, evaluate, and revise the definition and funding of basic education in a manner that serves the educational needs of the citizen's of Washington; continues to fulfill the state's obligation under Article IX of the state Constitution and ensures that no enhancements are imposed on the educational system that cannot be accommodated by the existing system capacity.

      (3) "System capacity" for purposes of this section includes, but is not limited to, the ability of schools and districts to provide the capital facilities necessary to support a particular instructional program, the staffing levels necessary to support an instructional program both in terms of actual numbers of staff as well as the experience level and types of staff available to fill positions, the higher education systems capacity to prepare the next generation of educators, and the availability of data and a data system capable of helping the state allocate its resources in a manner consistent with evidence-based practices that are shown to improve student learning.

      (4) The office of the superintendent of public instruction shall report to the legislature on a biennial basis beginning December 1, 2010.

      NEW SECTION. Sec. 113. (1) The quality education council is created to recommend and inform the ongoing implementation by the legislature of an evolving program of basic education and the financing necessary to support such program. The council shall develop strategic recommendations on the program of basic education for the common schools. The council shall take into consideration the capacity report produced under section 112 of this act and the availability of data and progress of implementing the data systems required under section 202 of this act. Any recommendations for modifications to the program of basic education shall be based on scientific evidence of which programs effectively support student learning. The council shall update the statewide strategic recommendations every four years. The recommendations of the council are intended to:

      (a) Inform future educational policy and funding decisions of the legislature and governor;

      (b) Identify measurable goals and priorities for the educational system in Washington state for a ten-year time period, including the goals of basic education; and

      (c) Enable the state of Washington to continue to implement an evolving program of basic education.

      (2) The council may request updates and progress reports from the office of the superintendent of public instruction, the state board of education, the professional educator standards board, and the department of early learning on the work of the agencies as well as educational working groups established by the legislature.

      (3) The chair of the council shall be selected from the councilmembers. The council shall be composed of the following members:

      (a) Two members of the house of representatives, with one member representing each of the major caucuses and appointed by the speaker of the house of representatives;

      (b) Two members of the senate, with one member representing each of the major caucuses and appointed by the president of the senate; and

      (c) One representative each from the office of the governor, office of the superintendent of public instruction, state board of education, professional educator standards board, and department of early learning.

      (4) In the 2009 fiscal year, the council shall meet as often as necessary as determined by the chair. In subsequent years, the council shall meet no more than four times a year.  

      (5)(a) The council shall submit an initial report to the governor and the legislature by January 1, 2010, detailing its recommendations, including recommendations for resolving issues or decisions requiring legislative action during the 2010 legislative session, and recommendations for any funding necessary to continue development and implementation of chapter . . . ., Laws of 2009 (this act).

       (b) The initial report shall, at a minimum, give consideration to:

      (i) Establishing a statewide beginning teacher mentoring and support system;

      (ii) Strategies for enriching the instruction for all students, including highly capable;

      (iii) Strategies for eliminating the achievement gap;

      (iv) Potential dropout reduction and student reengagement strategies;

      (v) Recommendations for a program of early learning for at-risk children and whether such program should be considered part of the program of basic education; and

      (vi) Any system capacity limitations as appropriate.

      (6) The council shall be staffed by the office of the superintendent of public instruction and the office of financial management. Additional staff support shall be provided by the state entities with representatives on the committee. Senate committee services and the house of representatives office of program research may provide additional staff support.  

      (7) Legislative members of the council shall serve without additional compensation but may be reimbursed for travel expenses in accordance with RCW 44.04.120 while attending sessions of the council or on official business authorized by the council. Nonlegislative members of the council may be reimbursed for travel expenses in accordance with RCW 43.03.050 and 43.03.060.

 

PART II

EDUCATION DATA IMPROVEMENT SYSTEM

 

      Sec. 201. RCW 43.41.400 and 2007 c 401 s 3 are each amended to read as follows:

      (1) An education data center shall be established in the office of financial management. The education data center shall jointly, with the legislative ((education [evaluation])) evaluation and accountability program committee, conduct collaborative analyses of early learning, K-12, and higher education programs and education issues across the P-20 system, which includes the department of early learning, the superintendent of public instruction, the professional educator standards board, the state board of education, the state board for community and technical colleges, the workforce training and education coordinating board, the higher education coordinating board, public and private nonprofit four-year institutions of higher education, and the employment security department. The education data center shall conduct collaborative analyses under this section with the legislative evaluation and accountability program committee and provide data electronically to the legislative evaluation and accountability program committee, to the extent permitted by state and federal confidentiality requirements. The education data center shall be considered an authorized representative of the state educational agencies in this section under applicable federal and state statutes for purposes of accessing and compiling student record data for research purposes.

      (2) The education data center shall:

      (a) In consultation with the legislative evaluation and accountability program committee and the agencies and organizations participating in the education data center, identify the critical research and policy questions that are intended to be addressed by the education data center and the data needed to address the questions;

      (b) Coordinate with other state education agencies to compile and analyze education data, including data on student demographics that is disaggregated by distinct ethnic categories within racial subgroups, and complete P-20 research projects;

      (((b))) (c) Collaborate with the legislative evaluation and accountability program committee and the education and fiscal committees of the legislature in identifying the data to be compiled and analyzed to ensure that legislative interests are served;

      (((c))) (d) Annually provide to the K-12 data governance group a list of data elements and data quality improvements that are necessary to answer the research and policy questions identified by the education data center and have been identified by the legislative committees in (c) of this subsection. Within three months of receiving the list, the K-12 data governance group shall develop and transmit to the education data center a feasibility analysis of obtaining or improving the data, including the steps required, estimated time frame, and the financial and other resources that would be required. Based on the analysis, the education data center shall submit, if necessary, a recommendation to the legislature regarding any statutory changes or resources that would be needed to collect or improve the data;

      (e) Monitor and evaluate the education data collection systems of the organizations and agencies represented in the education data center ensuring that data systems are flexible, able to adapt to evolving needs for information, and to the extent feasible and necessary, include data that are needed to conduct the analyses and provide answers to the research and policy questions identified in (a) of this subsection;

      (f) Track enrollment and outcomes through the public centralized higher education enrollment system;

      (((d))) (g) Assist other state educational agencies' collaborative efforts to develop a long-range enrollment plan for higher education including estimates to meet demographic and workforce needs; ((and

      (e))) (h) Provide research that focuses on student transitions within and among the early learning, K-12, and higher education sectors in the P-20 system; and

      (i) Make recommendations to the legislature as necessary to help ensure the goals and objectives of this section and sections 202 and 203 of this act are met.

      (3) The department of early learning, superintendent of public instruction, professional educator standards board, state board of education, state board for community and technical colleges, workforce training and education coordinating board, higher education coordinating board, public four-year institutions of higher education, and employment security department shall work with the education data center to develop data-sharing and research agreements, consistent with applicable security and confidentiality requirements, to facilitate the work of the center. Private, nonprofit institutions of higher education that provide programs of education beyond the high school level leading at least to the baccalaureate degree and are accredited by the Northwest association of schools and colleges or their peer accreditation bodies may also develop data-sharing and research agreements with the education data center, consistent with applicable security and confidentiality requirements. The education data center shall make data from collaborative analyses available to the education agencies and institutions that contribute data to the education data center to the extent allowed by federal and state security and confidentiality requirements applicable to the data of each contributing agency or institution.

      NEW SECTION. Sec. 202. A new section is added to chapter 43.41 RCW to read as follows:

      (1) It is the legislature's intent to establish a comprehensive K-12 education data improvement system for financial, student, and educator data. The objective of the system is to monitor student progress, have information on the quality of the educator workforce, monitor and analyze the costs of programs, provide for financial integrity and accountability, and have the capability to link across these various data components by student, by class, by teacher, by school, by district, and statewide. Education data systems must be flexible and able to adapt to evolving needs for information, but there must be an objective and orderly data governance process for determining when changes are needed and how to implement them. It is the further intent of the legislature to provide independent review and evaluation of a comprehensive K-12 education data improvement system by assigning the review and monitoring responsibilities to the education data center and the legislative evaluation and accountability program committee.

      (2) It is the intent that the data system specifically service reporting requirements for teachers, parents, superintendents, school boards, the legislature, the office of the superintendent of public instruction, and the public.

      (3) It is the legislature's intent that the K-12 education data improvement system used by school districts and the state include but not be limited to the following information and functionality:

      (a) Comprehensive educator information, including grade level and courses taught, building or location, program, job assignment, years of experience, the institution of higher education from which the educator obtained his or her degree, compensation, class size, mobility of class population, socioeconomic data of class, number of languages and which languages are spoken by students, general resources available for curriculum and other classroom needs, and number and type of instructional support staff in the building;

       (b) The capacity to link educator assignment information with educator certification information such as certification number, type of certification, route to certification, certification program, and certification assessment or evaluation scores;

      (c) Common coding of secondary courses and major areas of study at the elementary level or standard coding of course content;

      (d) Robust student information, including but not limited to student characteristics, course and program enrollment, performance on statewide and district summative and formative assessments to the extent district assessments are used, and performance on college readiness tests;

      (e) A subset of student information elements to serve as a dropout early warning system;

      (f) The capacity to link educator information with student information;

      (g) A common, standardized structure for reporting the costs of programs at the school and district level with a focus on the cost of services delivered to students;

      (h) Separate accounting of state, federal, and local revenues and costs;

      (i) Information linking state funding formulas to school district budgeting and accounting, including procedures:

      (i) To support the accuracy and auditing of financial data; and

      (ii) Using the prototypical school model for school district financial accounting reporting;

      (j) The capacity to link program cost information with student performance information to gauge the cost-effectiveness of programs;

      (k) Information that is centrally accessible and updated regularly; and

      (l) An anonymous, nonidentifiable replicated copy of data that is updated at least quarterly, and made available to the public by the state.

      (4) It is the legislature's goal that all school districts have the capability to collect state-identified common data and export it in a standard format to support a statewide K-12 education data improvement system under this section.

      (5) It is the legislature's intent that the K-12 education data improvement system be developed to provide the capability to make reports as required under section 203 of this act available.


      (6) It is the legislature's intent that school districts collect and report new data elements to satisfy the requirements of RCW 43.41.400, this section, and section 203 of this act, only to the extent funds are available for this purpose.

      NEW SECTION. Sec. 203. A new section is added to chapter 28A.300 RCW 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 section 202 of this act;

      (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 section 202 of this act 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, RCW 43.41.400, and section 202 of this act 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) 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.

 

      NEW SECTION. Sec. 204. A new section is added to chapter 43.41 RCW to read as follows:

      The education data center and the superintendent of public instruction shall take all actions necessary to secure federal funds to implement sections 201 through 203 of this act.

 

PART III

OTHER EDUCATIONAL PROVISIONS

 

      NEW SECTION. Sec. 301. A new section is added to chapter 28A.500 RCW to read as follows:

      (1) The legislature finds that while the state has the responsibility to provide for a general and uniform system of public schools, there is also a need for some diversity in the public school system. A successful system of public education must permit some variation among school districts outside the basic education provided for by the state to respond to and reflect the unique desires of local communities. The opportunity for local communities to invest in enriched education programs promotes support for local public schools. Further, the ability of local school districts to experiment with enriched programs can inform the legislature's long-term evolution of the definition of basic education. Therefore, local levy authority remains an important component of the overall finance system in support of the public schools even though it is outside the state's obligation for basic education.

      (2) However, the value of permitting local levies must be balanced with the value of equity and fairness to students and to taxpayers, neither of whom should be unduly disadvantaged due to differences in the tax bases used to support local levies. Equity and fairness require both an equitable basis for supplemental funding outside basic education and a mechanism for property tax-poor school districts to fairly access supplemental funding. As such, local effort assistance, while also outside the state's obligation for basic education, is another important component of school finance.

      NEW SECTION. Sec. 302. (1) Beginning July 1, 2010, the office of financial management, with assistance and support from the office of the superintendent of public instruction, shall convene a technical working group to develop options for a new system of supplemental school funding through local school levies and local effort assistance.

      (2) The working group shall consider the impact on overall school district revenues of the new basic education funding system established under this act and shall recommend a phase-in plan that ensures that no school district suffers a decrease in funding from one school year to the next due to implementation of the new system of supplemental funding.

      (3) The working group shall be composed of representatives from the department of revenue, the legislative evaluation and accountability program committee, school district and educational service district financial managers, and representatives of the Washington association of school business officers, the Washington education association, the Washington association of school administrators, the association of Washington school principals, the Washington state school directors' association, the public school employees of Washington, and other interested stakeholders with expertise in education finance. The working group may convene advisory subgroups on specific topics as necessary to assure participation and input from a broad array of diverse stakeholders.

      (4) The local funding working group shall be monitored and overseen by the legislature and by the quality education council created in section 113 of this act. The working group shall report to the legislature December 1, 2011.

 

      Sec. 303. RCW 28A.195.010 and 2004 c 19 s 106 are each amended to read as follows:

      The legislature hereby recognizes that private schools should be subject only to those minimum state controls necessary to insure the health and safety of all the students in the state and to insure a sufficient basic education to meet usual graduation requirements. The state, any agency or official thereof, shall not restrict or dictate any specific educational or other programs for private schools except as hereinafter in this section provided.

      Principals of private schools or superintendents of private school districts shall file each year with the state superintendent of public instruction a statement certifying that the minimum requirements hereinafter set forth are being met, noting any deviations. After review of the statement, the state superintendent will notify schools or school districts of those deviations which must be corrected. In case of major deviations, the school or school district may request and the state board of education may grant provisional status for one year in order that the school or school district may take action to meet the requirements. The state board of education shall not require private school students to meet the student learning goals, obtain a certificate of academic achievement, or a certificate of individual achievement to graduate from high school, to master the essential academic learning requirements, or to be assessed pursuant to RCW 28A.655.061. However, private schools may choose, on a voluntary basis, to have their students master these essential academic learning requirements, take the assessments, and obtain a certificate of academic achievement or a certificate of individual achievement. Minimum requirements shall be as follows:

      (1) The minimum school year for instructional purposes shall consist of no less than one hundred eighty school days or the equivalent in annual minimum ((program)) instructional hour offerings ((as prescribed in RCW 28A.150.220)), with a school-wide annual average total instructional hour offering of one thousand hours for students enrolled in grades one through twelve, and at least four hundred fifty hours for students enrolled in kindergarten.

      (2) The school day shall be the same as ((that required in RCW 28A.150.030 and 28A.150.220, except that the percentages of total program hour offerings as prescribed in RCW 28A.150.220 for basic skills, work skills, and optional subjects and activities shall not apply to private schools or private sectarian schools)) defined in section 102 of this act.

      (3) All classroom teachers shall hold appropriate Washington state certification except as follows:


      (a) Teachers for religious courses or courses for which no counterpart exists in public schools shall not be required to obtain a state certificate to teach those courses.

      (b) In exceptional cases, people of unusual competence but without certification may teach students so long as a certified person exercises general supervision. Annual written statements shall be submitted to the office of the superintendent of public instruction reporting and explaining such circumstances.

      (4) An approved private school may operate an extension program for parents, guardians, or persons having legal custody of a child to teach children in their custody. The extension program shall require at a minimum that:

      (a) The parent, guardian, or custodian be under the supervision of an employee of the approved private school who is certified under chapter 28A.410 RCW;

      (b) The planning by the certified person and the parent, guardian, or person having legal custody include objectives consistent with this subsection and subsections (1), (2), (5), (6), and (7) of this section;

       (c) The certified person spend a minimum average each month of one contact hour per week with each student under his or her supervision who is enrolled in the approved private school extension program;

      (d) Each student's progress be evaluated by the certified person; and

      (e) The certified employee shall not supervise more than thirty students enrolled in the approved private school's extension program.

      (5) Appropriate measures shall be taken to safeguard all permanent records against loss or damage.

      (6) The physical facilities of the school or district shall be adequate to meet the program offered by the school or district: PROVIDED, That each school building shall meet reasonable health and fire safety requirements. A residential dwelling of the parent, guardian, or custodian shall be deemed to be an adequate physical facility when a parent, guardian, or person having legal custody is instructing his or her child under subsection (4) of this section.

      (7) Private school curriculum shall include instruction of the basic skills of occupational education, science, mathematics, language, social studies, history, health, reading, writing, spelling, and the development of appreciation of art and music, all in sufficient units for meeting state board of education graduation requirements.

      (8) Each school or school district shall be required to maintain up-to-date policy statements related to the administration and operation of the school or school district.

      All decisions of policy, philosophy, selection of books, teaching material, curriculum, except as in subsection (7) of this section provided, school rules and administration, or other matters not specifically referred to in this section, shall be the responsibility of the administration and administrators of the particular private school involved.

      Sec. 304. RCW 28A.160.150 and 1996 c 279 s 1 are each amended to read as follows:

      Funds allocated for transportation costs, except for funds provided for transportation and transportation services to and from school shall be in addition to the basic education allocation. The distribution formula developed in RCW 28A.160.150 through 28A.160.180 shall be for allocation purposes only and shall not be construed as mandating specific levels of pupil transportation services by local districts. Operating costs as determined under RCW 28A.160.150 through 28A.160.180 shall be funded at one hundred percent or as close thereto as reasonably possible for transportation of an eligible student to and from school as defined in RCW 28A.160.160(3). In addition, funding shall be provided for transportation services for students living within one radius mile from school as determined under RCW 28A.160.180(2).

      Sec. 305. RCW 28A.150.315 and 2007 c 400 s 2 are each amended to read as follows:

      (1) Beginning with the 2007-08 school year, funding for voluntary all-day kindergarten programs shall be phased-in beginning with schools with the highest poverty levels, defined as those schools with the highest percentages of students qualifying for free and reduced-price lunch support in the prior school year. Once a school receives funding for the all-day kindergarten program, that school shall remain eligible for funding in subsequent school years regardless of changes in the school's percentage of students eligible for free and reduced-price lunches as long as other program requirements are fulfilled. Additionally, schools receiving all-day kindergarten program support shall agree to the following conditions:

      (a) Provide at least a one thousand-hour instructional program;

      (b) Provide a curriculum that offers a rich, varied set of experiences that assist students in:

      (i) Developing initial skills in the academic areas of reading, mathematics, and writing;

      (ii) Developing a variety of communication skills;

      (iii) Providing experiences in science, social studies, arts, health and physical education, and a world language other than English;

      (iv) Acquiring large and small motor skills;

      (v) Acquiring social and emotional skills including successful participation in learning activities as an individual and as part of a group; and

      (vi) Learning through hands-on experiences;

      (c) Establish learning environments that are developmentally appropriate and promote creativity;

       (d) Demonstrate strong connections and communication with early learning community providers; and

      (e) Participate in kindergarten program readiness activities with early learning providers and parents.

      (2) Subject to funds appropriated for this purpose, the superintendent of public instruction shall designate one or more school districts to serve as resources and examples of best practices in designing and operating a high-quality all-day kindergarten program. Designated school districts shall serve as lighthouse programs and provide technical assistance to other school districts in the initial stages of implementing an all-day kindergarten program. Examples of topics addressed by the technical assistance include strategic planning, developing the instructional program and curriculum, working with early learning providers to identify students and communicate with parents, and developing kindergarten program readiness activities.

      (3) Any funds allocated to support all-day kindergarten programs under this section shall not be considered as basic education funding. Once all-day kindergarten is fully implemented statewide, the quality education council created in section 113 of this act shall review the performance data of the schools and students and make recommendations to the legislature as to whether all-day kindergarten should be included in the definition of basic education. As the programs are phased-in, school districts that are not receiving state funding for all-day kindergarten may charge a copay from families to help support a district-provided all-day kindergarten. Copay waivers must be available to families who are low income. School districts must adopt a policy that clearly defines "low income," the use of a copay, and a copay waiver.

      NEW SECTION. Sec. 306. A new section is added to chapter 43.79 RCW to read as follows:

      (1) The education stabilization account is created in the state treasury. Moneys in the account may be spent only after appropriation and only for K-12 educational purposes. All receipts from subsections (2) and (3) of this section shall be deposited into the account.

      (2) By September 30, 2011, and by September 30th of each odd-numbered year thereafter, all general state revenues that exceed the state revenues from the previous fiscal biennium, up to a maximum of five percent over the previous fiscal biennium, shall be transferred to the education stabilization account such that the amount transferred to the education stabilization account is the amount needed to maintain the previous fiscal biennium's percentage of general state revenue spent on all of K-12 education.

      (3) If the amount of revenue growth is greater than five percent over the previous fiscal biennium, by September 30, 2011, and by September 30th of each odd-numbered year thereafter, an amount equal to fifty percent of the increase over five percent shall be transferred to the education stabilization account.

      (4) For the purposes of this section, "general state revenues" shall be as defined by Article VIII, section 1 of the state Constitution.

 

PART IV

CERTIFICATION AND PROFESSIONAL DEVELOPMENT

 

      NEW SECTION. Sec. 401. The legislature recognizes that the key to providing all students the opportunity to achieve the basic education goal is effective teaching and leadership. Teachers, principals, and administrators must be provided with access to the opportunities they need to gain the knowledge and skills that will enable them to be increasingly successful in their classroom and schools. A system that clearly defines, supports, measures, and recognizes effective teaching and leadership is one of the most important investments to be made.

      NEW SECTION. Sec. 402. A new section is added to chapter 28A.410 RCW to read as follows:

      (1)(a) By January 1, 2010, the professional educator standards board shall adopt a set of articulated teacher knowledge, skill, and performance standards for effective teaching that are evidence-based, measurable, meaningful, and documented in high quality research as being associated with improved student learning. The standards shall be calibrated for each level of certification and along the entire career continuum. In developing the standards, the board shall, to the extent possible, incorporate standards for cultural competency along the entire continuum. For the purposes of this subsection, "cultural competency" includes knowledge of student cultural histories and contexts, as well as family norms and values in different cultures; knowledge and skills in accessing community resources and community and parent outreach; and skills in adapting instruction to students' experiences and identifying cultural contexts for individual students.

      (b) By January 1, 2010, the professional educator standards board shall adopt a definition of master teacher, with a comparable level of increased competency between professional certification level and master level as between professional certification level and national board certification. Within the definition established by the professional educator standards board, teachers certified through the national board for professional teaching standards shall be considered master teachers.

      (2) By January 1, 2010, the professional educator standards board shall submit to the governor and the education and fiscal committees of the legislature:

      (a) An update on the status of implementation of the professional certificate external and uniform assessment authorized in RCW 28A.410.210;

      (b) A proposal for a uniform, statewide, valid, and reliable classroom-based means of evaluating teacher effectiveness as a culminating measure at the preservice level that is to be used during the student-teaching field experience. This assessment shall include multiple measures of teacher performance in classrooms, evidence of positive impact on student learning, and shall include review of artifacts, such as use of a variety of assessment and instructional strategies, and student work. The proposal shall establish a timeline for when the assessment will be required for successful completion of a Washington state-approved teacher preparation program. The timeline shall take into account the capacity of the K-12 education and higher education systems to accommodate the new assessment. The proposal and timeline shall also address how the assessment will be included in state-reported data on preparation program quality; and

      (c) A recommendation on the length of time that a residency certificate issued to a teacher is valid and within what time period a teacher must meet the minimum level of performance for and receive a professional certificate in order to continue being certified as a teacher. In developing this recommendation, the professional educator standards board shall consult with interested stakeholders including the Washington education association, the Washington association of school administrators, association of Washington school principals, and the Washington state school directors' association and shall include with its recommendation a description of each stakeholder's comments on the recommendation.

      (3) The update and proposal in subsection (2)(a) and (b) of this section shall include, at a minimum, descriptions of:

      (a) Estimated costs and statutory authority needed for further development and implementation of these assessments;

      (b) A common and standardized rubric for determining whether a teacher meets the minimum level of performance of the assessments; and

      (c) Administration and management of the assessments.

      (4) To the extent that funds are appropriated for this purpose and in accordance with the timeline established in subsection (2) of this section, recognizing the capacity limitations of the education systems, the professional educator standards board shall develop the system and process as established in subsections (1), (2), and (3) of this section throughout the remainder of the 2010-11 and 2011-12 school years.

      (5) Beginning no earlier than September 1, 2011, award of a professional certificate shall be based on a minimum of two years of successful teaching experience as defined by the board and on the results of the evaluation authorized under RCW 28A.410.210(14) and under this section, and may not require candidates to enroll in a professional certification program.

      (6) Beginning July 1, 2011, educator preparation programs approved to offer the residency teaching certificate shall be required to demonstrate how the program produces effective teachers as evidenced by the measures established under this section and other criteria established by the professional educator standards board.


      Sec. 403. RCW 28A.415.360 and 2007 c 402 s 9 are each amended to read as follows:

      (1) Subject to funds appropriated for this purpose, targeted professional development programs, to be known as learning improvement days, are authorized to further the development of outstanding mathematics, science, and reading teaching and learning opportunities in the state of Washington. The intent of this section is to provide guidance for the learning improvement days in the omnibus appropriations act. The learning improvement days authorized in this section shall not be considered part of the definition of basic education.

      (2) ((The expected outcomes of these programs are)) A school district is eligible to receive funding for learning improvement days that are limited to specific activities related to student learning that contribute to the following outcomes:

      (a) Provision of meaningful, targeted professional development for all teachers in mathematics, science, or reading;

      (b) Increased knowledge and instructional skill for mathematics, science, or reading teachers;

      (c) Increased use of curriculum materials with supporting diagnostic and supplemental materials that align with state standards;

      (d) Skillful guidance for students participating in alternative assessment activities;

      (e) Increased rigor of course offerings especially in mathematics, science, and reading;

      (f) Increased student opportunities for focused, applied mathematics and science classes;

      (g) Increased student success on state achievement measures; and

      (h) Increased student appreciation of the value and uses of mathematics, science, and reading knowledge and exploration of related careers.

      (3) School districts receiving resources under this section shall submit reports to the superintendent of public instruction ((regarding the use of the funds;)) documenting how the use of the funds ((is associated with)) contributes to measurable improvement in the ((expected)) outcomes described under subsection (2) of this section; and how other professional development resources and programs authorized in statute or in the omnibus appropriations act contribute to the expected outcomes. The superintendent of public instruction and the office of financial management shall collaborate on required report content and format.

 

PART V

SHARED ACCOUNTABILITY FOR SCHOOL AND DISTRICT IMPROVEMENT

 

      NEW SECTION. Sec. 501. (1)(a) The legislature intends to develop a system in which the state and school districts share accountability for achieving state educational standards and supporting continuous school improvement. The legislature recognizes that comprehensive education finance reform and the increased investment of public resources necessary to implement that reform must be accompanied by a new mechanism for clearly defining the relationships and expectations for the state, school districts, and schools. It is the legislature's intent that this be accomplished through the development of a proactive, collaborative accountability system that focuses on a school improvement system that engages and serves the local school board, parents, students, staff in the schools and districts, and the community. The improvement system shall be based on progressive levels of support, with a goal of continuous improvement in student achievement and alignment with the federal system of accountability.

      (b) The legislature further recognizes that it is the state's responsibility to provide schools and districts with the tools and resources necessary to improve student achievement. These tools include the necessary accounting and data reporting systems, assessment systems to monitor student achievement, and a system of general support, targeted assistance, recognition, and, if necessary, state intervention.

      (2) The legislature has already charged the state board of education to develop criteria to identify schools and districts that are successful, in need of assistance, and those where students persistently fail, as well as to identify a range of intervention strategies and a performance incentive system. The legislature finds that the state board of education should build on the work that the board has already begun in these areas. As development of these formulas, processes, and systems progresses, the legislature should monitor the progress.

 

      Sec. 502. RCW 28A.305.130 and 2008 c 27 s 1 are each amended to read as follows:

      The purpose of the state board of education is to provide advocacy and strategic oversight of public education; implement a standards-based accountability ((system)) framework that creates a unified system of increasing levels of support for schools in order to improve student academic achievement; provide leadership in the creation of a system that personalizes education for each student and respects diverse cultures, abilities, and learning styles; and promote achievement of the goals of RCW 28A.150.210. In addition to any other powers and duties as provided by law, the state board of education shall:

      (1) Hold regularly scheduled meetings at such time and place within the state as the board shall determine and may hold such special meetings as may be deemed necessary for the transaction of public business;

      (2) Form committees as necessary to effectively and efficiently conduct the work of the board;

      (3) Seek advice from the public and interested parties regarding the work of the board;

      (4) For purposes of statewide accountability:

      (a) Adopt and revise performance improvement goals in reading, writing, science, and mathematics, by subject and grade level, once assessments in these subjects are required statewide; academic and technical skills, as appropriate, in secondary career and technical education programs; and student attendance, as the board deems appropriate to improve student learning. The goals shall be consistent with student privacy protection provisions of RCW 28A.655.090(7) and shall not conflict with requirements contained in Title I of the federal elementary and secondary education act of 1965, or the requirements of the Carl D. Perkins vocational education act of 1998, each as amended. The goals may be established for all students, economically disadvantaged students, limited English proficient students, students with disabilities, and students from disproportionately academically underachieving racial and ethnic backgrounds. The board may establish school and school district goals addressing high school graduation rates and dropout reduction goals for students in grades seven through twelve. The board shall adopt the goals by rule. However, before each goal is implemented, the board shall present the goal to the education committees of the house of representatives and the senate for the committees' review and comment in a time frame that will permit the legislature to take statutory action on the goal if such action is deemed warranted by the legislature;


       (b) Identify the scores students must achieve in order to meet the standard on the Washington assessment of student learning and, for high school students, to obtain a certificate of academic achievement. The board shall also determine student scores that identify levels of student performance below and beyond the standard. The board shall consider the incorporation of the standard error of measurement into the decision regarding the award of the certificates. The board shall set such performance standards and levels in consultation with the superintendent of public instruction and after consideration of any recommendations that may be developed by any advisory committees that may be established for this purpose. The initial performance standards and any changes recommended by the board in the performance standards for the tenth grade assessment shall be presented to the education committees of the house of representatives and the senate by November 30th of the school year in which the changes will take place to permit the legislature to take statutory action before the changes are implemented if such action is deemed warranted by the legislature. The legislature shall be advised of the initial performance standards and any changes made to the elementary level performance standards and the middle school level performance standards;

      (c) ((Adopt objective, systematic criteria to identify successful schools and school districts and recommend to the superintendent of public instruction schools and districts to be recognized for two types of accomplishments, student achievement and improvements in student achievement. Recognition for improvements in student achievement shall include consideration of one or more of the following accomplishments:

      (i) An increase in the percent of students meeting standards. The level of achievement required for recognition may be based on the achievement goals established by the legislature and by the board under (a) of this subsection;

      (ii) Positive progress on an improvement index that measures improvement in all levels of the assessment; and

      (iii) Improvements despite challenges such as high levels of mobility, poverty, English as a second language learners, and large numbers of students in special populations as measured by either the percent of students meeting the standard, or the improvement index. When determining the baseline year or years for recognizing individual schools, the board may use the assessment results from the initial years the assessments were administered, if doing so with individual schools would be appropriate;

      (d) Adopt objective, systematic criteria to identify schools and school districts in need of assistance and those in which significant numbers of students persistently fail to meet state standards. In its deliberations, the board shall consider the use of all statewide mandated criterion-referenced and norm-referenced standardized tests;

      (e) Identify schools and school districts in which state intervention measures will be needed and a range of appropriate intervention strategies after the legislature has authorized a set of intervention strategies. After the legislature has authorized a set of intervention strategies, at the request of the board, the superintendent shall intervene in the school or school district and take corrective actions. This chapter does not provide additional authority for the board or the superintendent of public instruction to intervene in a school or school district;

      (f) Identify performance incentive systems that have improved or have the potential to improve student achievement;

      (g))) Annually review the assessment reporting system to ensure fairness, accuracy, timeliness, and equity of opportunity, especially with regard to schools with special circumstances and unique populations of students, and a recommendation to the superintendent of public instruction of any improvements needed to the system; and

      (((h))) (d) Include in the biennial report required under RCW 28A.305.035, information on the progress that has been made in achieving goals adopted by the board;

      (5) Accredit, subject to such accreditation standards and procedures as may be established by the state board of education, all private schools that apply for accreditation, and approve, subject to the provisions of RCW 28A.195.010, private schools carrying out a program for any or all of the grades kindergarten through twelve: PROVIDED, That no private school may be approved that operates a kindergarten program only: PROVIDED FURTHER, That no private schools shall be placed upon the list of accredited schools so long as secret societies are knowingly allowed to exist among its students by school officials;

       (6) Articulate with the institutions of higher education, workforce representatives, and early learning policymakers and providers to coordinate and unify the work of the public school system;

      (7) Hire an executive director and an administrative assistant to reside in the office of the superintendent of public instruction for administrative purposes. Any other personnel of the board shall be appointed as provided by RCW 28A.300.020. The board may delegate to the executive director by resolution such duties as deemed necessary to efficiently carry on the business of the board including, but not limited to, the authority to employ necessary personnel and the authority to enter into, amend, and terminate contracts on behalf of the board. The executive director, administrative assistant, and all but one of the other personnel of the board are exempt from civil service, together with other staff as now or hereafter designated as exempt in accordance with chapter 41.06 RCW; and

      (8) Adopt a seal that shall be kept in the office of the superintendent of public instruction.

      NEW SECTION. Sec. 503. A new section is added to chapter 28A.305 RCW to read as follows:

      (1) The state board of education shall continue to refine the development of an accountability framework that creates a unified system of support for challenged schools, that aligns with basic education, increases the level of support based upon the magnitude of need, and uses data for decisions.

      (2) The state board of education shall develop an accountability index to identify schools and districts for recognition and for additional state support. The index shall be based on criteria that are fair, consistent, and transparent. Performance shall be measured using multiple outcomes and indicators including, but not limited to, graduation rates and results from statewide assessments. The index shall be developed in such a way as to be easily understood by both employees within the schools and districts, as well as parents and community members. It is the legislature's intent that the index provide feedback to schools and districts to self-assess their progress, and enable the identification of schools with exemplary student performance and those that need assistance to overcome challenges in order to achieve exemplary student performance. Once the accountability index has identified schools that need additional help, a more thorough analysis will be done to analyze specific conditions in the district including but not limited to the level of state resources a school or school district receives in support of the basic education system, achievement gaps for different groups of students, and community support.


      (3) Based on the accountability index and in consultation with the superintendent of public instruction, the state board of education shall develop a proposal and timeline for implementation of a comprehensive system of voluntary support and assistance for schools and districts. The timeline must take into account and accommodate capacity limitations of the K-12 educational system. Changes that have a fiscal impact on school districts, as identified by a fiscal analysis prepared by the office of the superintendent of public instruction, shall take effect only if formally authorized by the legislature through the omnibus appropriations act or other enacted legislation.

      (4)(a) The state board of education shall develop a proposal and implementation timeline for a more formalized comprehensive system improvement targeted to challenged schools and districts that have not demonstrated sufficient improvement through the voluntary system. The timeline must take into account and accommodate capacity limitations of the K-12 educational system. The proposal and timeline shall be submitted to the education committees of the legislature by December 1, 2009, and shall include recommended legislation and recommended resources to implement the system according to the timeline developed.

      (b) The proposal shall outline a process for addressing performance challenges that will include the following features: (i) An academic performance audit using peer review teams of educators that considers school and community factors in addition to other factors in developing recommended specific corrective actions that should be undertaken to improve student learning; (ii) a requirement for the local school board plan to develop and be responsible for implementation of corrective action plan taking into account the audit findings, which plan must be approved by the state board of education at which time the plan becomes binding upon the school district to implement; and (iii) monitoring of local district progress by the office of the superintendent of public instruction. The proposal shall take effect only if formally authorized by the legislature through the omnibus appropriations act or other enacted legislation.

      (5) In coordination with the superintendent of public instruction, the state board of education shall seek approval from the United States department of education for use of the accountability index and the state system of support, assistance, and intervention, to replace the federal accountability system under P.L. 107-110, the no child left behind act of 2001.

      (6) The state board of education shall work with the education data center established within the office of financial management and the technical working group established in section 111 of this act to determine the feasibility of using the prototypical funding allocation model as not only a tool for allocating resources to schools and districts but also as a tool for schools and districts to report to the state legislature and the state board of education on how the state resources received are being used.

 

PART VI

COMPENSATION

 

      NEW SECTION. Sec. 601. A new section is added to chapter 43.41 RCW to read as follows:

      (1) The legislature recognizes that providing students with the opportunity to access a world-class educational system depends on our continuing ability to provide students with access to world-class educators. The legislature also understands that continuing to attract and retain the highest quality educators will require increased investments. The legislature intends to enhance the current salary allocation model and recognizes that changes to the current model cannot be imposed without great deliberation and input from teachers, administrators, and classified employees. Therefore, it is the intent of the legislature to begin the process of developing an enhanced salary allocation model that is collaboratively designed to ensure the rationality of any conclusions regarding what constitutes adequate compensation.

      (2) Beginning July 1, 2011, the office of financial management shall convene a technical working group to recommend the details of an enhanced salary allocation model that aligns state expectations for educator development and certification with the compensation system and establishes recommendations for a concurrent implementation schedule. In addition to any other details the technical working group deems necessary, the technical working group shall make recommendations on the following:

      (a) How to reduce the number of tiers within the existing salary allocation model;

      (b) How to account for labor market adjustments;

      (c) How to account for different geographic regions of the state where districts may encounter difficulty recruiting and retaining teachers;

      (d) The role of and types of bonuses available;

      (e) Ways to accomplish salary equalization over a set number of years; and

      (f) Initial fiscal estimates for implementing the recommendations including a recognition that staff on the existing salary allocation model would have the option to grandfather in permanently to the existing schedule.

      (3) As part of its work, the technical working group shall conduct or contract for a preliminary comparative labor market analysis of salaries and other compensation for school district employees to be conducted and shall include the results in any reports to the legislature. For the purposes of this subsection, "salaries and other compensation" includes average base salaries, average total salaries, average employee basic benefits, and retirement benefits.

      (4) The analysis required under subsection (1) of this section must:

      (a) Examine salaries and other compensation for teachers, other certificated instructional staff, principals, and other building-level certificated administrators, and the types of classified employees for whom salaries are allocated;

      (b) Be calculated at a statewide level that identifies labor markets in Washington through the use of data from the United States bureau of the census and the bureau of labor statistics; and

      (c) Include a comparison of salaries and other compensation to the appropriate labor market for at least the following subgroups of educators: Beginning teachers and types of educational staff associates.

       (5) The working group shall include representatives of the department of personnel, the professional educator standards board, the office of the superintendent of public instruction, the Washington education association, the Washington association of school administrators, the association of Washington school principals, the Washington state school directors' association, the public school employees of Washington, and other interested stakeholders with appropriate expertise in compensation related matters. The working group may convene advisory subgroups on specific topics as necessary to assure participation and input from a broad array of diverse stakeholders.

      (6) The working group shall be monitored and overseen by the legislature and the quality education council created in section 113 of this act. The working group shall make an initial report to the legislature by December 1, 2012, and shall include in its report recommendations for whether additional further work of the group is necessary.

 

PART VII

GENERAL PROVISIONS--PROGRAM OF BASIC EDUCATION

 

      Sec. 701. RCW 28A.165.005 and 2004 c 20 s 1 are each amended to read as follows:

      ((The learning assistance program requirements in)) This chapter ((are)) is designed to: (1) Promote the use of assessment data when developing programs to assist underachieving students; and (2) guide school districts in providing the most effective and efficient practices when implementing ((programs)) supplemental instruction and services to assist underachieving students. ((Further, this chapter provides the means by which a school district becomes eligible for learning assistance program funds and the distribution of those funds.))

 

      Sec. 702. RCW 28A.165.015 and 2004 c 20 s 2 are each amended to read as follows:

      Unless the context clearly indicates otherwise the definitions in this section apply throughout this chapter.

       (1) "Approved program" means a program submitted to and approved by the office of the superintendent of public instruction and conducted pursuant to the plan that addresses the required elements as provided for in this chapter.

      (2) "Basic skills areas" means reading, writing, and mathematics as well as readiness associated with these skills.

      (3) "Participating student" means a student in kindergarten through grade ((eleven who scores below standard for his or her grade level on the statewide assessments and who is identified in the approved plan to receive services. Beginning with the 2007-2008 school year, "participating student" means a student in kindergarten through grade)) twelve who scores below standard for his or her grade level on the statewide assessments and who is identified in the approved plan to receive services.

      (4) "Statewide assessments" means one or more of the several basic skills assessments administered as part of the state's student assessment system, and assessments in the basic skills areas administered by local school districts.

      (5) "Underachieving students" means students with the greatest academic deficits in basic skills as identified by the statewide assessments.

      Sec. 703. RCW 28A.165.055 and 2008 c 321 s 10 are each amended to read as follows:

      (((1))) Each school district with an approved program is eligible for state funds provided for the learning assistance program. The funds shall be appropriated for the learning assistance program in accordance with RCW 28A.150.260 and the ((biennial)) omnibus appropriations act. The distribution formula is for school district allocation purposes only, but funds appropriated for the learning assistance program must be expended for the purposes of RCW 28A.165.005 through 28A.165.065. ((The distribution formula shall be based on one or more family income factors measuring economic need.

      (2) In addition to the funds allocated to eligible school districts on the basis of family income factors, enhanced funds shall be allocated for school districts where more than twenty percent of students are eligible for and enrolled in the transitional bilingual instruction program under chapter 28A.180 RCW as provided in this subsection. The enhanced funding provided in this subsection shall take effect beginning in the 2008-09 school year.

      (a) If, in the prior school year, a district's percent of October headcount student enrollment in grades kindergarten through twelve who are enrolled in the transitional bilingual instruction program, based on an average of the program headcount taken in October and May, exceeds twenty percent, twenty percent shall be subtracted from the district's percent transitional bilingual instruction program enrollment and the resulting percent shall be multiplied by the district's kindergarten through twelve annual average full-time equivalent enrollment for the prior school year.

      (b) The number calculated under (a) of this subsection shall be the number of additional funded students for purposes of this subsection, to be multiplied by the per-funded student allocation rates specified in the omnibus appropriations act.

      (c) School districts are only eligible for the enhanced funds under this subsection if their percentage of October headcount enrollment in grades kindergarten through twelve eligible for free or reduced-price lunch exceeded forty percent in the prior school year.))

 

      Sec. 704. RCW 28A.180.010 and 1990 c 33 s 163 are each amended to read as follows:

      RCW 28A.180.010 through 28A.180.080 shall be known and cited as "the transitional bilingual instruction act." The legislature finds that there are large numbers of children who come from homes where the primary language is other than English. The legislature finds that a transitional bilingual education program can meet the needs of these children. Pursuant to the policy of this state to insure equal educational opportunity to every child in this state, it is the purpose of RCW 28A.180.010 through 28A.180.080 to provide for the implementation of transitional bilingual education programs in the public schools((, and to provide supplemental financial assistance to school districts to meet the extra costs of these programs)).

      Sec. 705. RCW 28A.180.080 and 1995 c 335 s 601 are each amended to read as follows:

      ((The superintendent of public instruction shall prepare and submit biennially to the governor and the legislature a budget request for bilingual instruction programs.)) Moneys appropriated by the legislature for the purposes of RCW 28A.180.010 through 28A.180.080 shall be allocated by the superintendent of public instruction to school districts for the sole purpose of operating an approved bilingual instruction program((; priorities for funding shall exist for the early elementary grades. No moneys shall be allocated pursuant to this section to fund more than three school years of bilingual instruction for each eligible pupil within a district: PROVIDED, That such moneys may be allocated to fund more than three school years of bilingual instruction for any pupil who fails to demonstrate improvement in English language skills adequate to remove impairment of learning when taught only in English. The superintendent of public instruction shall set standards and approve a test for the measurement of such English language skills)).

      Sec. 706. RCW 28A.225.200 and 1990 c 33 s 234 are each amended to read as follows:

      (1) A local district may be authorized by the educational service district superintendent to transport and educate its pupils in other districts for one year, either by payment of a compensation agreed upon by such school districts, or under other terms mutually satisfactory to the districts concerned when this will afford better educational facilities for the pupils and when a saving may be effected in the cost of education((: PROVIDED, That)). Notwithstanding any other provision of law, the amount to be paid by the state to the resident school district for apportionment purposes and otherwise payable pursuant to RCW ((28A.150.100,)) 28A.150.250 through 28A.150.290, 28A.150.350 through 28A.150.410, 28A.160.150 through 28A.160.200, ((28A.160.220)) 28A.300.035, and 28A.300.170((, and 28A.500.010)) shall not be greater than the regular apportionment for each high school student of the receiving district. Such authorization may be extended for an additional year at the discretion of the educational service district superintendent.

      (2) Subsection (1) of this section shall not apply to districts participating in a cooperative project established under RCW 28A.340.030 which exceeds two years in duration.

      NEW SECTION. Sec. 707. The following acts or parts of acts are each repealed:

      (1) RCW 28A.150.030 (School day) and 1971 ex.s. c 161 s 1 & 1969 ex.s. c 223 s 28A.01.010;

      (2) RCW 28A.150.060 (Certificated employee) and 2005 c 497 s 212, 1990 c 33 s 102, 1977 ex.s. c 359 s 17, 1975 1st ex.s. c 288 s 21, & 1973 1st ex.s. c 105 s 1;

      (3) RCW 28A.150.100 (Basic education certificated instructional staff--Definition--Ratio to students) and 1990 c 33 s 103 & 1987 1st ex.s. c 2 s 203;

      (4) RCW 28A.150.040 (School year--Beginning--End) and 1990 c 33 s 101, 1982 c 158 s 5, 1977 ex.s. c 286 s 1, 1975-'76 2nd ex.s. c 118 s 22, & 1969 ex.s. c 223 s 28A.01.020;

      (5) RCW 28A.150.370 (Additional programs for which legislative appropriations must or may be made) and 1995 c 335 s 102, 1995 c 77 s 5, 1990 c 33 s 114, 1982 1st ex.s. c 24 s 1, & 1977 ex.s. c 359 s 7; and

      (6) RCW 28A.155.180 (Safety net funds--Application--Technical assistance--Annual survey) and 2007 c 400 s 8.

 

PART VIII

MISCELLANEOUS PROVISIONS

 

      NEW SECTION. Sec. 801. Part headings used in this act are not any part of the law.

      NEW SECTION. Sec. 802. Sections 1, 102, and 108 of this act are each added to chapter 28A.150 RCW.

      NEW SECTION. Sec. 803. Section 113 of this act constitutes a new chapter in Title 28A RCW.

      NEW SECTION. Sec. 804. Sections 101 through 109 and 701 through 707 of this act take effect September 1, 2011.

      NEW SECTION. Sec. 805. Section 111 of this act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately.

      NEW SECTION. Sec. 806. 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."

      On page 1, line 1 of the title, after "education;" strike the remainder of the title and insert "amending RCW 28A.150.200, 28A.150.210, 28A.150.220, 28A.150.250, 28A.150.260, 28A.150.390, 28A.150.380, 28A.230.090, 43.41.400, 28A.195.010, 28A.160.150, 28A.150.315, 28A.415.360, 28A.305.130, 28A.165.005, 28A.165.015, 28A.165.055, 28A.180.010, 28A.180.080, and 28A.225.200; adding new sections to chapter 28A.150 RCW; adding a new section to chapter 28A.300 RCW; adding new sections to chapter 43.41 RCW; adding a new section to chapter 28A.500 RCW; adding a new section to chapter 43.79 RCW; adding a new section to chapter 28A.410 RCW; adding a new section to chapter 28A.305 RCW; adding a new chapter to Title 28A RCW; creating new sections; repealing RCW 28A.150.030, 28A.150.060, 28A.150.100, 28A.150.040, 28A.150.370, and 28A.155.180; providing an effective date; and declaring an emergency."

      The President declared the question before the Senate to be the motion by Senator McAuliffe to not adopt the committee striking amendment by the Committee on Ways & Means to Engrossed Substitute House Bill No. 2261.

      The motion by Senator McAuliffe carried and the committee striking amendment was not adopted by voice vote.

 

MOTION

 

Senator Pflug moved that Engrossed Substitute House Bill No. 2261 be deferred and the bill hold its place on the second reading calendar.

 

      Senator Eide spoke against the motion.

 

      The President declared the question before the Senate to be the motion by Senator Pflug that Engrossed Substitute House Bill No. 2261 be deferred and hold its place on the second reading calendar.

      The motion by Senator Pflug was not carried by a voice vote.

 

MOTION

 

      Senator McAuliffe moved that the following striking amendment by Senator McAuliffe and others be adopted:

      Strike everything after the enacting clause and insert the following:

      "NEW SECTION. Sec. 1. (1) Public education in Washington state has evolved since the enactment of the Washington basic education act of 1977. Decisions by the courts have played a part in this evolution, as have studies and research about education practices and education funding. The legislature finds ample evidence of a need for continuing to refine the program of basic education that is funded by the state and delivered by school districts.

      (2) The legislature reaffirms the work of Washington Learns and other educational task forces that have been convened over the past four years and their recommendations to make bold reforms to the entire educational system in order to educate all students to a higher level; to focus on the individualized instructional needs of students; to strive towards closing the achievement gap and reducing dropout rates; and to prepare students for a constantly evolving workforce and increasingly demanding global economy. In enacting this legislation, the legislature intends to continue to review, evaluate, and revise the definition and funding of basic education in order to continue to fulfill the state obligation under Article IX of the state Constitution. The legislature also intends to continue to strengthen and modify the structure of the entire K-12 educational system, including nonbasic education programmatic elements, in order to build the capacity to anticipate and support potential future enhancements to basic education as the educational needs of our citizens continue to evolve.

      (3) The legislature recognizes that the first step in revising the definition and funding of basic education is to create a transparent funding system for both allocations and expenditures so that not only policymakers and educators understand how the state supports basic education but also taxpayers. An adequate data system that enables the legislature to make rational, data-driven decisions on which educational programs impact student learning in order to more effectively and efficiently deliver the resources necessary to provide an ample program of basic education is also a necessity. A new prototypical funding system will allow the legislature to better understand how current resources are being used. A more complete and accurate educational data system will allow the legislature to understand whether current basic education programs are supporting student learning. Only with both of these systems in place can the legislature make informed decisions on how to best implement a dynamic and evolving system of basic education.

      (4) For practical and educational reasons, major changes of the program of basic education and the funding formulas to support it cannot occur instantaneously. The legislature intends to build upon the previous efforts of the legislature and the basic education task force in order to develop a realistic implementation strategy for a new instructional program after technical experts develop the details of the prototypical schools funding formulas and the data and reporting system that will support a new instructional program. The legislature also intends to establish a formal structure for monitoring the implementation by the legislature of an evolving program of basic education and the financing necessary to support such a program. The legislature intends that the redefined program of basic education and funding for the program be fully implemented by 2018.

      (5) It is the further intent of the legislature to also address additional issues that are of importance to the legislature but are not part of basic education.

      NEW SECTION. Sec. 2. It is the intent of the legislature that specified policies and allocation formulas adopted under this act will constitute the legislature's definition of basic education under Article IX of the state Constitution once fully implemented. The legislature intends, however, to continue to review and revise the formulas and schedules and may make additional revisions, including revisions for technical purposes and consistency in the event of mathematical or other technical errors.

 

 PART I

PROGRAM AND FUNDING OF BASIC EDUCATION

 

      Sec. 101. RCW 28A.150.200 and 1990 c 33 s 104 are each amended to read as follows:

      ((This 1977 amendatory act shall be known and may be cited as "The Washington Basic Education Act of 1977." The program evolving from the Basic Education Act shall include (1) the goal of the school system as defined in RCW 28A.150.210, (2) those program requirements enumerated in RCW 28A.150.220, and (3) the determination and distribution of state resources as defined in RCW 28A.150.250 and 28A.150.260.

      The requirements of the Basic Education Act are)) (1) The program of basic education established under this chapter is deemed by the legislature to comply with the requirements of Article IX, section 1 of the state Constitution, which states that "It is the paramount duty of the state to make ample provision for the education of all children residing within its borders, without distinction or preference on account of race, color, caste, or sex," and ((are)) is adopted pursuant to Article IX, section 2 of the state Constitution, which states that "The legislature shall provide for a general and uniform system of public schools."

      (2) The legislature defines the program of basic education under this chapter as that which is necessary to provide the opportunity to develop the knowledge and skills necessary to meet the state-established high school graduation requirements that are intended to allow students to have the opportunity to graduate with a meaningful diploma that prepares them for postsecondary education, gainful employment, and citizenship. Basic education by necessity is an evolving program of instruction intended to reflect the changing educational opportunities that are needed to equip students for their role as productive citizens and includes the following:

      (a) The instructional program of basic education the minimum components of which are described in RCW 28A.150.220;

      (b) The program of education provided by chapter 28A.190 RCW for students in residential schools as defined by RCW 28A.190.020 and for juveniles in detention facilities as identified by RCW 28A.190.010;

      (c) The program of education provided by chapter 28A.193 RCW for individuals under the age of eighteen who are incarcerated in adult correctional facilities; and

      (d) Transportation and transportation services to and from school for eligible students as provided under RCW 28A.160.150 through 28A.160.180.

      NEW SECTION. Sec. 102. The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.

      (1) "Basic education goal" means the student learning goals and the student knowledge and skills described under RCW 28A.150.210.

      (2) "Certificated administrative staff" means 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).

      (3) "Certificated employee" as used in this chapter and RCW 28A.195.010, 28A.405.100, 28A.405.210, 28A.405.240, 28A.405.250, 28A.405.300 through 28A.405.380, and chapter 41.59 RCW, means those persons who hold certificates as authorized by rule of the Washington professional educator standards board.

      (4) "Certificated instructional staff" means those persons employed by a school district who are nonsupervisory certificated employees within the meaning of RCW 41.59.020(8).

      (5) "Class size" means an instructional grouping of students where, on average, the ratio of students to teacher is the number specified.

      (6) "Classified employee" means a person who does not hold a professional education certificate or is employed in a position that does not require such a certificate.

      (7) "Classroom teacher" means a person who holds a professional education certificate and is employed in a position for which such certificate is required whose primary duty is the daily educational instruction of students. In exceptional cases, people of unusual competence but without certification may teach students so long as a certificated person exercises general supervision, but the hiring of such classified employees shall not occur during a labor dispute, and such classified employees shall not be hired to replace certificated employees during a labor dispute.

      (8) "Instructional program of basic education" means the minimum program required to be provided by school districts and includes instructional hour requirements and other components under RCW 28A.150.220.

      (9) "Program of basic education" means the overall program under RCW 28A.150.200 and deemed by the legislature to comply with the requirements of Article IX, section 1 of the state Constitution.

      (10) "School day" means each day of the school year on which pupils enrolled in the common schools of a school district are engaged in academic and career and technical instruction planned by and under the direction of the school.

      (11) "School year" includes the minimum number of school days required under RCW 28A.150.220 and begins on the first day of September and ends with the last day of August, except that any school district may elect to commence the annual school term in the month of August of any calendar year and in such case the operation of a school district for such period in August shall be credited by the superintendent of public instruction to the succeeding school year for the purpose of the allocation and distribution of state funds for the support of such school district.


      (12) "Teacher planning period" means a period of a school day as determined by the administration and board of the directors of the district that may be used by teachers for instruction-related activities including but not limited to preparing instructional materials; reviewing student performance; recording student data; consulting with other teachers, instructional assistants, mentors, instructional coaches, administrators, and parents; or participating in professional development.

      Sec. 103. RCW 28A.150.210 and 2007 c 400 s 1 are each amended to read as follows:

      ((The goal of the basic education act for the schools of the state of Washington set forth in this chapter shall be)) A basic education is an evolving program of instruction that is intended to provide students with the opportunity to become responsible and respectful global citizens, to contribute to their economic well- being and that of their families and communities, to explore and understand different perspectives, and to enjoy productive and satisfying lives. Additionally, the state of Washington intends to provide for a public school system that is able to evolve and adapt in order to better focus on strengthening the educational achievement of all students, which includes high expectations for all students and gives all students the opportunity to achieve personal and academic success. To these ends, the goals of each school district, with the involvement of parents and community members, shall be to provide opportunities for every student to develop the knowledge and skills essential to:

      (1) Read with comprehension, write effectively, and communicate successfully in a variety of ways and settings and with a variety of audiences;

      (2) Know and apply the core concepts and principles of mathematics; social, physical, and life sciences; civics and history, including different cultures and participation in representative government; geography; arts; and health and fitness;

      (3) Think analytically, logically, and creatively, and to integrate different experiences and knowledge to form reasoned judgments and solve problems; and

      (4) Understand the importance of work and finance and how performance, effort, and decisions directly affect future career and educational opportunities.

      Sec. 104. RCW 28A.150.220 and 1993 c 371 s 2 are each amended to read as follows:

      (1) ((Satisfaction of the basic education program requirements identified in RCW 28A.150.210 shall be considered to be implemented by the following program:

      (a) Each school district shall make available to students enrolled in kindergarten at least a total instructional offering of four hundred fifty hours. The program shall include instruction in the essential academic learning requirements under RCW 28A.630.885 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))) In order for students to have the opportunity to develop the basic education knowledge and skills under RCW 28A.150.210, school districts must provide instruction of sufficient quantity and quality and give students the opportunity to complete graduation requirements that are intended to prepare them for postsecondary education, gainful employment, and citizenship. The program established under this section shall be the minimum instructional program of basic education offered by school districts.

      (2) Each school district shall make available to students the following minimum instructional offering each school year:

      (a) For students enrolled in grades one through twelve, at least a district-wide annual average ((total instructional hour offering)) of one thousand hours((. The state board of education may define alternatives to classroom instructional time for students in grades nine through twelve enrolled in alternative learning experiences. The state board of education shall establish rules to determine annual average instructional hours for districts including fewer than twelve grades. The program shall include the essential academic learning requirements under RCW 28A.630.885 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 group)), which shall be increased to at least one thousand eighty instructional hours for students enrolled in each of grades seven through twelve and at least one thousand instructional hours for students in each of grades one through six according to an implementation schedule adopted by the legislature; and

      (b) For students enrolled in kindergarten, at least four hundred fifty instructional hours, which shall be increased to at least one thousand instructional hours according to the implementation schedule under RCW 28A.150.315.

      (3) The instructional program of basic education provided by each school district shall include:

      (a) Instruction in the essential academic learning requirements under RCW 28A.655.070;

      (b) Instruction that provides students the opportunity to complete twenty-four credits for high school graduation, subject to a phased-in implementation of the twenty-four credits as established by the legislature. Course distribution requirements may be established by the state board of education under RCW 28A.230.090;

      (c) If the essential academic learning requirements include a requirement of languages other than English, the requirement may be met by students receiving instruction in one or more American Indian languages;

       (d) Supplemental instruction and services for underachieving students through the learning assistance program under RCW 28A.165.005 through 28A.165.065;

      (e) Supplemental instruction and services for eligible and enrolled students whose primary language is other than English through the transitional bilingual instruction program under RCW 28A.180.010 through 28A.180.080;

      (f) The opportunity for an appropriate education at public expense as defined by RCW 28A.155.020 for all eligible students with disabilities as defined in RCW 28A.155.020; and

      (g) Programs for highly capable students under RCW 28A.185.010 through 28A.185.030.

      (((2))) (4) Nothing contained in ((subsection (1) 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.

      (((3))) (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.225.160, 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)), to be increased to a minimum of one hundred eighty school days per school year according to the implementation schedule under RCW 28A.150.315. However, 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.150.250 and 28A.150.260.

      (((4))) (6) Nothing in this section precludes a school district from enriching the instructional program of basic education, such as offering additional instruction or providing additional services, programs, or activities that the school district determines to be appropriate for the education of the school district's students.


       (7) The state board of education shall adopt rules to implement and ensure compliance with the program requirements imposed by this section, RCW 28A.150.250 and 28A.150.260, and such related supplemental program approval requirements as the state board may establish.

      Sec. 105. RCW 28A.150.250 and 1990 c 33 s 107 are each amended to read as follows:

      (1) 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.510.250 to each school district of the state operating a basic education instructional program approved by the state board of education an amount based on the formulas provided in RCW 28A.150.260, 28A.150.390, and section 109 of this act 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.520.010 and 28A.520.020, 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.150.220)).

      (2) The instructional program of basic education shall be considered to be fully funded by those amounts of dollars appropriated by the legislature pursuant to RCW ((28A.150.250 and)) 28A.150.260, 28A.150.390, and section 109 of this act to fund those program requirements identified in RCW 28A.150.220 in accordance with the formula ((and ratios)) provided in RCW 28A.150.260 and those amounts of dollars appropriated by the legislature to fund the salary requirements of RCW ((28A.150.100 and)) 28A.150.410.

      ((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.))

      (3) If a school district's basic education program fails to meet the basic education requirements enumerated in RCW ((28A.150.250,)) 28A.150.260((,)) and 28A.150.220, 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)). However, the state board of education may waive this requirement in the event of substantial lack of classroom space.

      Sec. 106. RCW 28A.150.260 and 2006 c 263 s 322 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)) The purpose of this section is to provide for the allocation of state funding that the legislature deems necessary to support school districts in offering the minimum instructional program of basic education under RCW 28A.150.220. The allocation shall be determined as follows:

      (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 instructional allocation for each ((annual average full time equivalent student enrolled in a)) common school district. ((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:

      (a) Certificated instructional staff and their related costs;

      (b) Certificated administrative staff and their related costs;

      (c) Classified staff and their related costs;

       (d) Nonsalary costs;

      (e) Extraordinary costs, including school facilities, of remote and necessary schools as judged by the superintendent of public instruction, with recommendations from the school facilities citizen advisory panel under RCW 28A.525.025, and small high schools, including costs of additional certificated and classified staff; and

      (f) The attendance of students pursuant to RCW 28A.335.160 and 28A.225.250 who do not reside within the servicing school district.))

      (2)(((a))) The distribution formula under this section shall be for allocation purposes only. Except as may be required under chapter 28A.165, 28A.180, or 28A.155 RCW, or federal laws and regulations, nothing in this section requires school districts to use basic education instructional funds to implement a particular instructional approach or service. Nothing in this section requires school districts to maintain a particular classroom teacher-to-student ratio or other staff-to-student ratio or to use allocated funds to pay for particular types or classifications of staff. Nothing in this section entitles an individual teacher to a particular teacher planning period.

      (3)(a) To the extent the technical details of the formula have been adopted by the legislature, the distribution formula for the basic education instructional allocation shall be based on minimum staffing and nonstaff costs the legislature deems necessary to support instruction and operations in prototypical schools serving high, middle, and elementary school students as provided in this section. The use of prototypical schools for the distribution formula does not constitute legislative intent that schools should be operated or structured in a similar fashion as the prototypes. Prototypical schools illustrate the level of resources needed to operate a school of a particular size with particular types and grade levels of students using commonly understood terms and inputs, such as class size, hours of instruction, and various categories of school staff. It is the intent that the funding allocations to school districts be adjusted from the school prototypes based on the actual number of annual average full-time equivalent students in each grade level at each school in the district and not based on the grade-level configuration of the school to the extent that data is available. The allocations shall be further adjusted from the school prototypes with minimum allocations for small schools and to reflect other factors identified in the omnibus appropriations act.

      (b) For the purposes of this section, prototypical schools are defined as follows:

      (i) A prototypical high school has six hundred average annual full-time equivalent students in grades nine through twelve;

      (ii) A prototypical middle school has four hundred thirty-two average annual full-time equivalent students in grades seven and eight; and

      (iii) A prototypical elementary school has four hundred average annual full-time equivalent students in grades kindergarten through six.

      (c) The minimum allocation for each level of prototypical school shall be based on the number of full-time equivalent classroom teachers needed to provide instruction over the minimum required annual instructional hours under RCW 28A.150.220 and provide at least one teacher planning period per school day, and based on an average class size as specified in the omnibus appropriations act. The omnibus appropriations act shall at a minimum specify:

      (i) Basic average class size;

      (ii) Basic average class size in schools where more than fifty percent of the students are eligible for free and reduced-price meals;

      (iii) Average class size for exploratory and preparatory career and technical education, laboratory science, advanced placement, and international baccalaureate courses; and

      (iv) Average class size in grades kindergarten through three.

      (d) The minimum allocation for each level of prototypical school shall include allocations for the following types of staff in addition to classroom teachers:

      (i) Principals, including assistant principals, and other certificated building-level administrators;

      (ii) Teacher librarians, performing functions including information literacy, technology, and media to support school library media programs;

      (iii) Student health services, a function that includes school nurses, whether certificated instructional or classified employee, and social workers;

       (iv) Guidance counselors, performing functions including parent outreach and graduation advisor;

      (v) Professional development coaches;

      (vi) Teaching assistance, which includes any aspect of educational instructional services provided by classified employees;

      (vii) Office support, technology support, and other noninstructional aides;

      (viii) Custodians, warehouse, maintenance, laborer, and professional and technical education support employees; and

      (ix) Classified staff providing student and staff safety.

      (4)(a) The minimum allocation for each school district shall include allocations per annual average full-time equivalent student for the following materials, supplies, and operating costs: Student technology; utilities; curriculum, textbooks, library materials, and instructional supplies; instructional professional development for both certificated and classified staff; other building-level costs including maintenance, custodial, and security; and central office administration.

      (b) The annual average full-time equivalent student amounts in (a) of this subsection shall be enhanced based on full-time equivalent student enrollment in exploratory career and technical education courses for students in grades seven through twelve; laboratory science courses for students in grades nine through twelve; preparatory career and technical education courses for students in grades nine through twelve offered in a high school; and preparatory career and technical education courses for students in grades eleven and twelve offered through a skill center.

      (5) The allocations provided under subsections (3) and (4) of this section shall be enhanced as follows to provide additional allocations for classroom teachers and maintenance, supplies, and operating costs:

      (a) To provide supplemental instruction and services for underachieving students through the learning assistance program under RCW 28A.165.005 through 28A.165.065, allocations shall be based on the percent of students in each school who are eligible for free and reduced-price meals. The minimum allocation for the learning assistance program shall provide an extended school day and extended school year for each level of prototypical school and a per student allocation for maintenance, supplies, and operating costs.

       (b) To provide supplemental instruction and services for students whose primary language is other than English, allocations shall be based on the number of students in each school who are eligible for and enrolled in the transitional bilingual instruction program under RCW 28A.180.010 through 28A.180.080. The minimum allocation for each level of prototypical school shall provide for supplemental instruction based on percent of the school day a student is assumed to receive supplemental instruction and a per student allocation for maintenance, supplies, and operating costs.

      (6) The allocations provided under subsections (3) and (4) of this section shall be enhanced to provide additional allocations to support programs for highly capable students under RCW 28A.185.010 through 28A.185.030, based on two and three hundred fourteen one-thousandths percent of each school district's full-time equivalent enrollment. The minimum allocation for the programs shall provide an extended school day and extended school year for each level of prototypical school and a per student allocation for maintenance, supplies, and operating costs.

      (7) The allocations under subsections (3)(b), (c)(i), and (d), (4), and (8) of this section shall be enhanced as provided under RCW 28A.150.390 on an excess cost basis to provide supplemental instructional resources for students with disabilities.

      (8) The distribution formula shall include allocations to school districts to support certificated and classified staffing of central office administration. The minimum allocation shall be calculated as a percentage, identified in the omnibus appropriations act, of the total allocations for staff under subsections (3) and (6) of this section for all schools in the district.

      (9)(a) For the purposes of allocations for prototypical high schools and middle schools under subsections (3) and (5) of this section that are based on the percent of students in the school who are eligible for free and reduced-price meals, the actual percent of such students in a school shall be adjusted by a factor identified in the omnibus appropriations act to reflect underreporting of free and reduced-price meal eligibility among middle and high school students.

      (b) Allocations or enhancements provided under subsections (3) and (4) of this section for exploratory and preparatory career and technical education courses shall be provided only for courses approved by the office of the superintendent of public instruction under chapter 28A.700 RCW.

      (10)(a) 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. ((The formula shall be for allocation purposes only. While the legislature intends that the allocations for additional instructional staff be used to increase the ratio of such staff to students, nothing in this section shall require districts to reduce the number of administrative staff below existing levels.

      (b) The formula adopted by the legislature shall reflect the following ratios at a minimum: (i) Forty-nine certificated instructional staff to one thousand annual average full time equivalent students enrolled in grades kindergarten through three; (ii) forty-six certificated instructional staff to one thousand annual average full time equivalent students in grades four through twelve; (iii) four certificated administrative staff to one thousand annual average full time equivalent students in grades kindergarten through twelve; and (iv) sixteen and sixty-seven one-hundredths classified personnel to one thousand annual average full time equivalent students enrolled in grades kindergarten through twelve.

      (c))) (b) 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.150.220 and 28A.150.100)).

      (c) 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.150.350, enrolled on the first school day of each month ((and shall exclude full time equivalent students with disabilities recognized for the purposes of allocation of state funds for programs under RCW 28A.155.010 through 28A.155.100)), including students who are in attendance pursuant to RCW 28A.335.160 and 28A.225.250 who do not reside within the servicing school district. The definition of full-time equivalent student shall be determined by rules of the superintendent of public instruction((: PROVIDED, That the definition)) and shall be included as part of the superintendent's biennial budget request((: PROVIDED, FURTHER, That)). The definition shall be based on the minimum instructional hour offerings required under RCW 28A.150.220. Any revision of the present definition shall not take effect until approved by the house ((appropriations)) ways and means committee and the senate ways and means committee((: PROVIDED, FURTHER, That)).

      (d) 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 instructional staff shall include those persons employed by a school district 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 classified people shall not occur during a labor dispute and such classified people shall not be hired to replace certificated employees during a labor dispute.

      (b) Certificated administrative staff 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).))

      Sec. 107. RCW 28A.150.315 and 2007 c 400 s 2 are each amended to read as follows:

      (1) Beginning with the 2007-08 school year, funding for voluntary all-day kindergarten programs shall be phased-in beginning with schools with the highest poverty levels, defined as those schools with the highest percentages of students qualifying for free and reduced-price lunch support in the prior school year. Once a school receives funding for the all-day kindergarten program, that school shall remain eligible for funding in subsequent school years regardless of changes in the school's percentage of students eligible for free and reduced-price lunches as long as other program requirements are fulfilled. Additionally, schools receiving all-day kindergarten program support shall agree to the following conditions:

      (a) Provide at least a one thousand-hour instructional program;

      (b) Provide a curriculum that offers a rich, varied set of experiences that assist students in:

      (i) Developing initial skills in the academic areas of reading, mathematics, and writing;

      (ii) Developing a variety of communication skills;

      (iii) Providing experiences in science, social studies, arts, health and physical education, and a world language other than English;

      (iv) Acquiring large and small motor skills;

      (v) Acquiring social and emotional skills including successful participation in learning activities as an individual and as part of a group; and

      (vi) Learning through hands-on experiences;

      (c) Establish learning environments that are developmentally appropriate and promote creativity;

      (d) Demonstrate strong connections and communication with early learning community providers; and

      (e) Participate in kindergarten program readiness activities with early learning providers and parents.

      (2) Subject to funds appropriated for this purpose, the superintendent of public instruction shall designate one or more school districts to serve as resources and examples of best practices in designing and operating a high-quality all-day kindergarten program. Designated school districts shall serve as lighthouse programs and provide technical assistance to other school districts in the initial stages of implementing an all-day kindergarten program. Examples of topics addressed by the technical assistance include strategic planning, developing the instructional program and curriculum, working with early learning providers to identify students and communicate with parents, and developing kindergarten program readiness activities.

      (((3) Any funds allocated to support all-day kindergarten programs under this section shall not be considered as basic education funding.))

      Sec. 108. RCW 28A.150.390 and 1995 c 77 s 6 are each amended to read as follows:

      (1) The superintendent of public instruction shall submit to each regular session of the legislature during an odd-numbered year a programmed budget request for special education programs for students with disabilities. Funding for programs operated by local school districts shall be on an excess cost basis from appropriations provided by the legislature for special education programs for students with disabilities and shall take account of state funds accruing through RCW ((28A.150.250,)) 28A.150.260((,)) (3) (b), (c)(i), and (d), (4), and (8) and federal medical assistance and private funds accruing under RCW 74.09.5249 through 74.09.5253 and 74.09.5254 through 74.09.5256((, and other state and local funds, excluding special excess levies)).

      (2) The excess cost allocation to school districts shall be based on the following:

      (a) A district's annual average headcount enrollment of students ages birth through four and those five year olds not yet enrolled in kindergarten who are eligible for and enrolled in special education, multiplied by the district's base allocation per full-time equivalent student, multiplied by 1.15; and

      (b) A district's annual average full-time equivalent basic education enrollment, multiplied by the district's funded enrollment percent, multiplied by the district's base allocation per full-time equivalent student, multiplied by 0.9309.

      (3) As used in this section:

      (a) "Base allocation" means the total state allocation to all schools in the district generated by the distribution formula under RCW 28A.150.260 (3) (b), (c)(i), and (d), (4), and (8), to be divided by the district's full-time equivalent enrollment.

      (b) "Basic education enrollment" means enrollment of resident students including nonresident students enrolled under RCW 28A.225.225 and students from nonhigh districts enrolled under RCW 28A.225.210 and excluding students residing in another district enrolled as part of an interdistrict cooperative program under RCW 28A.225.250.

      (c) "Enrollment percent" means the district's resident special education annual average enrollment, excluding students ages birth through four and those five year olds not yet enrolled in kindergarten, as a percent of the district's annual average full-time equivalent basic education enrollment.

      (d) "Funded enrollment percent" means the lesser of the district's actual enrollment percent or twelve and seven-tenths percent.

      NEW SECTION. Sec. 109. (1) To the extent necessary, funds shall be made available for safety net awards for districts with demonstrated needs for special education funding beyond the amounts provided through the special education funding formula under RCW 28A.150.390. If the federal safety net awards based on the federal eligibility threshold exceed the federal appropriation in any fiscal year, then the superintendent shall expend all available federal discretionary funds necessary to meet this need. Safety net funds shall be awarded by the state safety net oversight committee subject to the following conditions and limitations:


      (a) The committee shall consider additional funds for districts that can convincingly demonstrate that all legitimate expenditures for special education exceed all available revenues from state funding formulas. In the determination of need, the committee shall also consider additional available revenues from federal sources. Differences in program costs attributable to district philosophy, service delivery choice, or accounting practices are not a legitimate basis for safety net awards. In the determination of need, the committee shall require that districts demonstrate that they are maximizing their eligibility for all state revenues related to services for special education-eligible students and all federal revenues from federal impact aid, medicaid, and the individuals with disabilities education act-Part B and appropriate special projects. Awards associated with (b) and (c) of this subsection shall not exceed the total of a district's specific determination of need.

      (b) The committee shall then consider the extraordinary high cost needs of one or more individual special education students. Differences in costs attributable to district philosophy, service delivery choice, or accounting practices are not a legitimate basis for safety net awards.

      (c) Using criteria developed by the committee, the committee shall then consider extraordinary costs associated with communities that draw a larger number of families with children in need of special education services, which may include consideration of proximity to group homes, military bases, and regional hospitals. Safety net awards under this subsection (1)(c) shall be adjusted to reflect amounts awarded under (b) of this subsection.

      (d) The maximum allowable indirect cost for calculating safety net eligibility may not exceed the federal restricted indirect cost rate for the district plus one percent.

      (e) Safety net awards shall be adjusted based on the percent of potential medicaid eligible students billed as calculated by the superintendent of public instruction in accordance with chapter 318, Laws of 1999.

      (f) Safety net awards must be adjusted for any audit findings or exceptions related to special education funding.

      (2) The superintendent of public instruction may adopt such rules and procedures as are necessary to administer the special education funding and safety net award process. Before revising any standards, procedures, or rules, the superintendent shall consult with the office of financial management and the fiscal committees of the legislature. In adopting and revising the rules, the superintendent shall ensure the application process to access safety net funding is streamlined, timelines for submission are not in conflict, feedback to school districts is timely and provides sufficient information to allow school districts to understand how to correct any deficiencies in a safety net application, and that there is consistency between awards approved by school district and by application period. The office of the superintendent of public instruction shall also provide technical assistance to school districts in preparing and submitting special education safety net applications.

      (3) On an annual basis, the superintendent shall survey districts regarding their satisfaction with the safety net process and consider feedback from districts to improve the safety net process. Each year by December 1st, the superintendent shall prepare and submit a report to the office of financial management and the appropriate policy and fiscal committees of the legislature that summarizes the survey results and those changes made to the safety net process as a result of the school district feedback.

      (4) The safety net oversight committee appointed by the superintendent of public instruction shall consist of:

       (a) One staff member from the office of the superintendent of public instruction;

      (b) Staff of the office of the state auditor who shall be nonvoting members of the committee; and 

      (c) One or more representatives from school districts or educational service districts knowledgeable of special education programs and funding.

      Sec. 110. RCW 28A.150.380 and 2001 c 3 s 10 are each amended to read as follows:

      (1) The state legislature shall, at each regular session in an odd-numbered year, appropriate ((from the state general fund)) for the current use of the common schools such amounts as needed for state support to ((the common schools)) school districts during the ensuing biennium ((as provided in this chapter, RCW 28A.160.150 through 28A.160.210, 28A.300.170, and 28A.500.010)) for the program of basic education under RCW 28A.150.200.

      (2) In addition to those state funds provided to school districts for basic education, the legislature may appropriate funds to be distributed to school districts for other factors and for other special programs to enhance or enrich the program of basic education.

      (3) The state legislature shall also, at each regular session in an odd-numbered year, appropriate from the student achievement fund and education construction fund solely for the purposes of and in accordance with the provisions of the student achievement act during the ensuing biennium.

      Sec. 111. RCW 28A.230.090 and 2006 c 114 s 3 are each amended to read as follows:

      (1) The state board of education shall establish high school graduation requirements or equivalencies for students, except those equivalencies established by local high schools or school districts under RCW 28A.230.097.

      (a) Any course in Washington state history and government used to fulfill high school graduation requirements shall consider including information on the culture, history, and government of the American Indian peoples who were the first inhabitants of the state.

       (b) The certificate of academic achievement requirements under RCW 28A.655.061 or the certificate of individual achievement requirements under RCW 28A.155.045 are required for graduation from a public high school but are not the only requirements for graduation.

      (c) Any decision on whether a student has met the state board's high school graduation requirements for a high school and beyond plan shall remain at the local level.

      (2)(a) In recognition of the statutory authority of the state board of education to establish and enforce minimum high school graduation requirements, the state board shall periodically reevaluate the graduation requirements and shall report such findings to the legislature in a timely manner as determined by the state board.

      (b) The state board shall reevaluate the graduation requirements for students enrolled in vocationally intensive and rigorous career and technical education programs, particularly those programs that lead to a certificate or credential that is state or nationally recognized. The purpose of the evaluation is to ensure that students enrolled in these programs have sufficient opportunity to earn a certificate of academic achievement, complete the program and earn the program's certificate or credential, and complete other state and local graduation requirements. ((The board shall reports [report] its findings and recommendations for additional flexibility in graduation requirements, if necessary, to the legislature by December 1, 2007.))

      (c) The state board shall forward any proposed changes to the high school graduation requirements to the education committees of the legislature for review and to the quality education council established under section 114 of this act. The legislature shall have the opportunity to act during a regular legislative session before the changes are adopted through administrative rule by the state board. Changes that have a fiscal impact on school districts, as identified by a fiscal analysis prepared by the office of the superintendent of public instruction, shall take effect only if formally authorized and funded by the legislature through the omnibus appropriations act or other enacted legislation.

      (3) Pursuant to any requirement for instruction in languages other than English established by the state board of education or a local school district, or both, for purposes of high school graduation, students who receive instruction in American sign language or one or more American Indian languages shall be considered to have satisfied the state or local school district graduation requirement for instruction in one or more languages other than English.

      (4) If requested by the student and his or her family, a student who has completed high school courses before attending high school shall be given high school credit which shall be applied to fulfilling high school graduation requirements if:

      (a) The course was taken with high school students, if the academic level of the course exceeds the requirements for seventh and eighth grade classes, and the student has successfully passed by completing the same course requirements and examinations as the high school students enrolled in the class; or

      (b) The academic level of the course exceeds the requirements for seventh and eighth grade classes and the course would qualify for high school credit, because the course is similar or equivalent to a course offered at a high school in the district as determined by the school district board of directors.

      (5) Students who have taken and successfully completed high school courses under the circumstances in subsection (4) of this section shall not be required to take an additional competency examination or perform any other additional assignment to receive credit.

      (6) At the college or university level, five quarter or three semester hours equals one high school credit.

      NEW SECTION. Sec. 112. (1) The legislature intends to continue to redefine the instructional program of education under RCW 28A.150.220 that fulfills the obligations and requirements of Article IX of the state Constitution. The funding formulas under RCW 28A.150.260 to support the instructional program shall be implemented to the extent the technical details of the formula have been established and according to an implementation schedule to be adopted by the legislature. The object of the schedule is to assure that any increases in funding allocations are timely, predictable, and occur concurrently with any increases in program or instructional requirements. It is the intent of the legislature that no increased programmatic or instructional expectations be imposed upon schools or school districts without an accompanying increase in resources as necessary to support those increased expectations.

       (2) The office of financial management, with assistance and support from the office of the superintendent of public instruction, shall convene a technical working group to:

      (a) Develop the details of the funding formulas under RCW 28A.150.260;

      (b) Recommend to the legislature an implementation schedule for phasing-in any increased program or instructional requirements concurrently with increases in funding for adoption by the legislature; and

      (c) Examine possible sources of revenue to support increases in funding allocations and present options to the legislature and the quality education council created in section 114 of this act for consideration.

      (3) The working group shall include representatives of the legislative evaluation and accountability program committee, school district and educational service district financial managers, the Washington association of school business officers, the Washington education association, the Washington association of school administrators, the association of Washington school principals, the Washington state school directors' association, the public school employees of Washington, and other interested stakeholders with expertise in education finance. The working group may convene advisory subgroups on specific topics as necessary to assure participation and input from a broad array of diverse stakeholders.

      (4) The working group shall be monitored and overseen by the legislature and the quality education council established in section 114 of this act. The working group shall submit its recommendations to the legislature by December 1, 2009.

      NEW SECTION. Sec. 113. A new section is added to chapter 28A.300 RCW to read as follows:

      (1) As part of the estimates and information submitted to the governor by the superintendent of public instruction under RCW 28A.300.170, the superintendent of public instruction shall biennially make determinations on the educational system's capacity to accommodate increased resources in relation to the elements in the prototypical funding allocation model. In areas where there are specific and significant capacity limitations to providing enhancements to a recommended element, the superintendent of public instruction shall identify those limitations and make recommendations on how to address the issue.

      (2) The legislature shall:

      (a) Review the recommendations of the superintendent of public instruction submitted under subsection (1) of this section; and

      (b) Use the information as it continues to review, evaluate, and revise the definition and funding of basic education in a manner that serves the educational needs of the citizen's of Washington; continues to fulfill the state's obligation under Article IX of the state Constitution and ensures that no enhancements are imposed on the educational system that cannot be accommodated by the existing system capacity.

      (3) "System capacity" for purposes of this section includes, but is not limited to, the ability of schools and districts to provide the capital facilities necessary to support a particular instructional program, the staffing levels necessary to support an instructional program both in terms of actual numbers of staff as well as the experience level and types of staff available to fill positions, the higher education systems capacity to prepare the next generation of educators, and the availability of data and a data system capable of helping the state allocate its resources in a manner consistent with evidence-based practices that are shown to improve student learning.

      (4) The office of the superintendent of public instruction shall report to the legislature on a biennial basis beginning December 1, 2010.

      NEW SECTION. Sec. 114. (1) The quality education council is created to recommend and inform the ongoing implementation by the legislature of an evolving program of basic education and the financing necessary to support such program. The council shall develop strategic recommendations on the program of basic education for the common schools. The council shall take into consideration the capacity report produced under section 113 of this act and the availability of data and progress of implementing the data systems required under section 202 of this act. Any recommendations for modifications to the program of basic education shall be based on evidence that the programs effectively support student learning. The council shall update the statewide strategic recommendations every four years. The recommendations of the council are intended to:

      (a) Inform future educational policy and funding decisions of the legislature and governor;

      (b) Identify measurable goals and priorities for the educational system in Washington state for a ten-year time period, including the goals of basic education and ongoing strategies for coordinating statewide efforts to eliminate the achievement gap and reduce student dropout rates; and

      (c) Enable the state of Washington to continue to implement an evolving program of basic education.

      (2) The council may request updates and progress reports from the office of the superintendent of public instruction, the state board of education, the professional educator standards board, and the department of early learning on the work of the agencies as well as educational working groups established by the legislature.

      (3) The chair of the council shall be selected from the councilmembers. The council shall be composed of the following members:

      (a) Four members of the house of representatives, with two members representing each of the major caucuses and appointed by the speaker of the house of representatives;

      (b) Four members of the senate, with two members representing each of the major caucuses and appointed by the president of the senate; and

      (c) One representative each from the office of the governor, office of the superintendent of public instruction, state board of education, professional educator standards board, and department of early learning.

      (4) In the 2009 fiscal year, the council shall meet as often as necessary as determined by the chair. In subsequent years, the council shall meet no more than four times a year.  

      (5)(a) The council shall submit an initial report to the governor and the legislature by January 1, 2010, detailing its recommendations, including recommendations for resolving issues or decisions requiring legislative action during the 2010 legislative session, and recommendations for any funding necessary to continue development and implementation of chapter . . . ., Laws of 2009 (this act).

       (b) The initial report shall, at a minimum, include:

      (i) Consideration of how to establish a statewide beginning teacher mentoring and support system;

      (ii) Recommendations for a program of early learning for at-risk children;

      (iii) A recommended schedule for the concurrent phase-in of the changes to the instructional program of basic education and the implementation of the funding formulas and allocations to support the new instructional program of basic education as established under chapter . . . ., Laws of 2009 (this act). The phase-in schedule shall have full implementation completed by September 1, 2018; and

      (iv) A recommended schedule for phased-in implementation of the new distribution formula for allocating state funds to school districts for the transportation of students to and from school, with phase-in beginning no later than September 1, 2013.

      (6) The council shall be staffed by the office of the superintendent of public instruction and the office of financial management. Additional staff support shall be provided by the state entities with representatives on the committee. Senate committee services and the house of representatives office of program research may provide additional staff support.  

      (7) Legislative members of the council shall serve without additional compensation but may be reimbursed for travel expenses in accordance with RCW 44.04.120 while attending sessions of the council or on official business authorized by the council. Nonlegislative members of the council may be reimbursed for travel expenses in accordance with RCW 43.03.050 and 43.03.060.

      NEW SECTION. Sec. 115. (1) The legislature finds that a critical factor in the eventual successful outcome of a K-12 education is for students to begin school ready, both intellectually and socially, to learn. The legislature also finds that, due to a variety of factors, disadvantaged young children need supplemental instruction in preschool to assure that they have the opportunity to meaningfully participate and reach the necessary levels of achievement in the regular program of basic education. Therefore the legislature intends to establish a program of early learning for at-risk children and intends to include this program within the overall program of basic education.

       (2) The office of the superintendent of public instruction, with the support and assistance from the department of early learning, shall convene a working group to develop the basic education program of early learning. The early learning working group shall be composed of representatives from head start and early childhood education and assistance program providers, school districts, thrive by five Washington, and other stakeholders with expertise in early learning. The working group may convene advisory subgroups on specific topics as necessary to assure participation and input from a broad array of diverse stakeholders.

      (3) The early learning working group shall continue the preliminary work of the department of early learning under RCW 43.215.125 to develop a proposal for a statewide Washington head start program. The working group shall:

      (a) Recommend student eligibility criteria that focus on children age three and four considered most at-risk;

      (b) Develop options for a service delivery system that includes school districts, educational service districts, community and technical colleges, and public and private nonsectarian organizations;

      (c) Develop options for shared governance that include the superintendent of public instruction and the department of early learning each with appropriate supervisory and administrative responsibilities;

      (d) Develop recommended parameters and minimum standards for the program; and

      (e) Continue development of a statewide kindergarten assessment process.

      (4) The early learning working group shall be monitored and overseen by the quality education council established in section 114 of this act and shall submit progress reports to the council by September 1, 2010, and September 1, 2011, with a final report by September 1, 2012.

 

PART II

EDUCATION DATA IMPROVEMENT SYSTEM

 

      Sec. 201. RCW 43.41.400 and 2007 c 401 s 3 are each amended to read as follows:

      (1) An education data center shall be established in the office of financial management. The education data center shall jointly, with the legislative ((education [evaluation])) evaluation and accountability program committee, conduct collaborative analyses of early learning, K-12, and higher education programs and education issues across the P-20 system, which includes the department of early learning, the superintendent of public instruction, the professional educator standards board, the state board of education, the state board for community and technical colleges, the workforce training and education coordinating board, the higher education coordinating board, public and private nonprofit four-year institutions of higher education, and the employment security department. The education data center shall conduct collaborative analyses under this section with the legislative evaluation and accountability program committee and provide data electronically to the legislative evaluation and accountability program committee, to the extent permitted by state and federal confidentiality requirements. The education data center shall be considered an authorized representative of the state educational agencies in this section under applicable federal and state statutes for purposes of accessing and compiling student record data for research purposes.

      (2) The education data center shall:

      (a) In consultation with the legislative evaluation and accountability program committee and the agencies and organizations participating in the education data center, identify the critical research and policy questions that are intended to be addressed by the education data center and the data needed to address the questions;

      (b) Coordinate with other state education agencies to compile and analyze education data, including data on student demographics that is disaggregated by distinct ethnic categories within racial subgroups, and complete P-20 research projects;


      (((b))) (c) Collaborate with the legislative evaluation and accountability program committee and the education and fiscal committees of the legislature in identifying the data to be compiled and analyzed to ensure that legislative interests are served;

      (((c))) (d) Annually provide to the K-12 data governance group a list of data elements and data quality improvements that are necessary to answer the research and policy questions identified by the education data center and have been identified by the legislative committees in (c) of this subsection. Within three months of receiving the list, the K-12 data governance group shall develop and transmit to the education data center a feasibility analysis of obtaining or improving the data, including the steps required, estimated time frame, and the financial and other resources that would be required. Based on the analysis, the education data center shall submit, if necessary, a recommendation to the legislature regarding any statutory changes or resources that would be needed to collect or improve the data;

      (e) Monitor and evaluate the education data collection systems of the organizations and agencies represented in the education data center ensuring that data systems are flexible, able to adapt to evolving needs for information, and to the extent feasible and necessary, include data that are needed to conduct the analyses and provide answers to the research and policy questions identified in (a) of this subsection;

      (f) Track enrollment and outcomes through the public centralized higher education enrollment system;

      (((d))) (g) Assist other state educational agencies' collaborative efforts to develop a long-range enrollment plan for higher education including estimates to meet demographic and workforce needs; ((and

      (e))) (h) Provide research that focuses on student transitions within and among the early learning, K-12, and higher education sectors in the P-20 system; and

      (i) Make recommendations to the legislature as necessary to help ensure the goals and objectives of this section and sections 202 and 203 of this act are met.

      (3) The department of early learning, superintendent of public instruction, professional educator standards board, state board of education, state board for community and technical colleges, workforce training and education coordinating board, higher education coordinating board, public four-year institutions of higher education, and employment security department shall work with the education data center to develop data-sharing and research agreements, consistent with applicable security and confidentiality requirements, to facilitate the work of the center. Private, nonprofit institutions of higher education that provide programs of education beyond the high school level leading at least to the baccalaureate degree and are accredited by the Northwest association of schools and colleges or their peer accreditation bodies may also develop data-sharing and research agreements with the education data center, consistent with applicable security and confidentiality requirements. The education data center shall make data from collaborative analyses available to the education agencies and institutions that contribute data to the education data center to the extent allowed by federal and state security and confidentiality requirements applicable to the data of each contributing agency or institution.

      NEW SECTION. Sec. 202. A new section is added to chapter 28A.655 RCW to read as follows:

      (1) It is the legislature's intent to establish a comprehensive K-12 education data improvement system for financial, student, and educator data. The objective of the system is to monitor student progress, have information on the quality of the educator workforce, monitor and analyze the costs of programs, provide for financial integrity and accountability, and have the capability to link across these various data components by student, by class, by teacher, by school, by district, and statewide. Education data systems must be flexible and able to adapt to evolving needs for information, but there must be an objective and orderly data governance process for determining when changes are needed and how to implement them. It is the further intent of the legislature to provide independent review and evaluation of a comprehensive K-12 education data improvement system by assigning the review and monitoring responsibilities to the education data center and the legislative evaluation and accountability program committee.

      (2) It is the intent that the data system specifically service reporting requirements for teachers, parents, superintendents, school boards, the legislature, the office of the superintendent of public instruction, and the public.

      (3) It is the legislature's intent that the K-12 education data improvement system used by school districts and the state include but not be limited to the following information and functionality:

      (a) Comprehensive educator information, including grade level and courses taught, building or location, program, job assignment, years of experience, the institution of higher education from which the educator obtained his or her degree, compensation, class size, mobility of class population, socioeconomic data of class, number of languages and which languages are spoken by students, general resources available for curriculum and other classroom needs, and number and type of instructional support staff in the building;

      (b) The capacity to link educator assignment information with educator certification information such as certification number, type of certification, route to certification, certification program, and certification assessment or evaluation scores;

      (c) Common coding of secondary courses and major areas of study at the elementary level or standard coding of course content;

      (d) Robust student information, including but not limited to student characteristics, course and program enrollment, performance on statewide and district summative and formative assessments to the extent district assessments are used, and performance on college readiness tests;

      (e) A subset of student information elements to serve as a dropout early warning system;

      (f) The capacity to link educator information with student information;

      (g) A common, standardized structure for reporting the costs of programs at the school and district level with a focus on the cost of services delivered to students;

      (h) Separate accounting of state, federal, and local revenues and costs;

      (i) Information linking state funding formulas to school district budgeting and accounting, including procedures:

      (i) To support the accuracy and auditing of financial data; and

      (ii) Using the prototypical school model for school district financial accounting reporting;

      (j) The capacity to link program cost information with student performance information to gauge the cost-effectiveness of programs;

      (k) Information that is centrally accessible and updated regularly; and

      (l) An anonymous, nonidentifiable replicated copy of data that is updated at least quarterly, and made available to the public by the state.

       (4) It is the legislature's goal that all school districts have the capability to collect state-identified common data and export it in a standard format to support a statewide K-12 education data improvement system under this section.

      (5) It is the legislature's intent that the K-12 education data improvement system be developed to provide the capability to make reports as required under section 203 of this act available.

      (6) It is the legislature's intent that school districts collect and report new data elements to satisfy the requirements of RCW 43.41.400, this section, and section 203 of this act, only to the extent funds are available for this purpose.


      NEW SECTION. Sec. 203. A new section is added to chapter 28A.300 RCW 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 section 202 of this act;

      (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 section 202 of this act 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, RCW 43.41.400, and section 202 of this act 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) 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.


      NEW SECTION. Sec. 204. A new section is added to chapter 43.41 RCW to read as follows:

      The education data center and the superintendent of public instruction shall take all actions necessary to secure federal funds to implement sections 201 through 203 of this act.

 

 PART III

OTHER EDUCATIONAL PROVISIONS

 

      NEW SECTION. Sec. 301. A new section is added to chapter 28A.500 RCW to read as follows:

      (1) The legislature finds that while the state has the responsibility to provide for a general and uniform system of public schools, there is also a need for some diversity in the public school system. A successful system of public education must permit some variation among school districts outside the basic education provided for by the state to respond to and reflect the unique desires of local communities. The opportunity for local communities to invest in enriched education programs promotes support for local public schools. Further, the ability of local school districts to experiment with enriched programs can inform the legislature's long-term evolution of the definition of basic education. Therefore, local levy authority remains an important component of the overall finance system in support of the public schools even though it is outside the state's obligation for basic education.

      (2) However, the value of permitting local levies must be balanced with the value of equity and fairness to students and to taxpayers, neither of whom should be unduly disadvantaged due to differences in the tax bases used to support local levies. Equity and fairness require both an equitable basis for supplemental funding outside basic education and a mechanism for property tax-poor school districts to fairly access supplemental funding. As such, local effort assistance, while also outside the state's obligation for basic education, is another important component of school finance.

      NEW SECTION. Sec. 302. (1) Beginning July 1, 2010, the office of financial management, with assistance and support from the office of the superintendent of public instruction, shall convene a technical working group to develop options for a new system of supplemental school funding through local school levies and local effort assistance.

      (2) The working group shall consider the impact on overall school district revenues of the new basic education funding system established under this act and shall recommend a phase-in plan that ensures that no school district suffers a decrease in funding from one school year to the next due to implementation of the new system of supplemental funding.

      (3) The working group shall be composed of representatives from the department of revenue, the legislative evaluation and accountability program committee, school district and educational service district financial managers, and representatives of the Washington association of school business officers, the Washington education association, the Washington association of school administrators, the association of Washington school principals, the Washington state school directors' association, the public school employees of Washington, and other interested stakeholders with expertise in education finance. The working group may convene advisory subgroups on specific topics as necessary to assure participation and input from a broad array of diverse stakeholders.

      (4) The local funding working group shall be monitored and overseen by the legislature and by the quality education council created in section 114 of this act. The working group shall report to the legislature December 1, 2011.

      Sec. 303. RCW 28A.195.010 and 2004 c 19 s 106 are each amended to read as follows:

      The legislature hereby recognizes that private schools should be subject only to those minimum state controls necessary to insure the health and safety of all the students in the state and to insure a sufficient basic education to meet usual graduation requirements. The state, any agency or official thereof, shall not restrict or dictate any specific educational or other programs for private schools except as hereinafter in this section provided.

      Principals of private schools or superintendents of private school districts shall file each year with the state superintendent of public instruction a statement certifying that the minimum requirements hereinafter set forth are being met, noting any deviations. After review of the statement, the state superintendent will notify schools or school districts of those deviations which must be corrected. In case of major deviations, the school or school district may request and the state board of education may grant provisional status for one year in order that the school or school district may take action to meet the requirements. The state board of education shall not require private school students to meet the student learning goals, obtain a certificate of academic achievement, or a certificate of individual achievement to graduate from high school, to master the essential academic learning requirements, or to be assessed pursuant to RCW 28A.655.061. However, private schools may choose, on a voluntary basis, to have their students master these essential academic learning requirements, take the assessments, and obtain a certificate of academic achievement or a certificate of individual achievement. Minimum requirements shall be as follows:

      (1) The minimum school year for instructional purposes shall consist of no less than one hundred eighty school days or the equivalent in annual minimum ((program)) instructional hour offerings ((as prescribed in RCW 28A.150.220)), with a school-wide annual average total instructional hour offering of one thousand hours for students enrolled in grades one through twelve, and at least four hundred fifty hours for students enrolled in kindergarten.

      (2) The school day shall be the same as ((that required in RCW 28A.150.030 and 28A.150.220, except that the percentages of total program hour offerings as prescribed in RCW 28A.150.220 for basic skills, work skills, and optional subjects and activities shall not apply to private schools or private sectarian schools)) defined in section 102 of this act.

      (3) All classroom teachers shall hold appropriate Washington state certification except as follows:

      (a) Teachers for religious courses or courses for which no counterpart exists in public schools shall not be required to obtain a state certificate to teach those courses.

      (b) In exceptional cases, people of unusual competence but without certification may teach students so long as a certified person exercises general supervision. Annual written statements shall be submitted to the office of the superintendent of public instruction reporting and explaining such circumstances.

      (4) An approved private school may operate an extension program for parents, guardians, or persons having legal custody of a child to teach children in their custody. The extension program shall require at a minimum that:

       (a) The parent, guardian, or custodian be under the supervision of an employee of the approved private school who is certified under chapter 28A.410 RCW;

      (b) The planning by the certified person and the parent, guardian, or person having legal custody include objectives consistent with this subsection and subsections (1), (2), (5), (6), and (7) of this section;

      (c) The certified person spend a minimum average each month of one contact hour per week with each student under his or her supervision who is enrolled in the approved private school extension program;

      (d) Each student's progress be evaluated by the certified person; and

      (e) The certified employee shall not supervise more than thirty students enrolled in the approved private school's extension program.

      (5) Appropriate measures shall be taken to safeguard all permanent records against loss or damage.


      (6) The physical facilities of the school or district shall be adequate to meet the program offered by the school or district: PROVIDED, That each school building shall meet reasonable health and fire safety requirements. A residential dwelling of the parent, guardian, or custodian shall be deemed to be an adequate physical facility when a parent, guardian, or person having legal custody is instructing his or her child under subsection (4) of this section.

      (7) Private school curriculum shall include instruction of the basic skills of occupational education, science, mathematics, language, social studies, history, health, reading, writing, spelling, and the development of appreciation of art and music, all in sufficient units for meeting state board of education graduation requirements.

      (8) Each school or school district shall be required to maintain up-to-date policy statements related to the administration and operation of the school or school district.

      All decisions of policy, philosophy, selection of books, teaching material, curriculum, except as in subsection (7) of this section provided, school rules and administration, or other matters not specifically referred to in this section, shall be the responsibility of the administration and administrators of the particular private school involved.

      Sec. 304. RCW 28A.160.150 and 1996 c 279 s 1 are each amended to read as follows:

      Funds allocated for transportation costs, except for funds provided for transportation and transportation services to and from school shall be in addition to the basic education allocation. The distribution formula developed in RCW 28A.160.150 through 28A.160.180 shall be for allocation purposes only and shall not be construed as mandating specific levels of pupil transportation services by local districts. Operating costs as determined under RCW 28A.160.150 through 28A.160.180 shall be funded at one hundred percent or as close thereto as reasonably possible for transportation of an eligible student to and from school as defined in RCW 28A.160.160(3). In addition, funding shall be provided for transportation services for students living within ((one radius mile from school)) the walk area as determined under RCW ((28A.160.180(2))) 28A.160.160(5).

      Sec. 305. RCW 28A.160.160 and 1996 c 279 s 2 are each amended to read as follows:

      For purposes of RCW 28A.160.150 through 28A.160.190, except where the context shall clearly indicate otherwise, the following definitions apply:

      (1) "Eligible student" means any student served by the transportation program of a school district or compensated for individual transportation arrangements authorized by RCW 28A.160.030 whose route stop is ((more than one radius mile from the)) outside the walk area for a student's school, except if the student to be transported is disabled under RCW 28A.155.020 and is either not ambulatory or not capable of protecting his or her own welfare while traveling to or from the school or agency where special education services are provided, in which case no mileage distance restriction applies.

      (2) "Superintendent" means the superintendent of public instruction.

      (3) "To and from school" means the transportation of students for the following purposes:

      (a) Transportation to and from route stops and schools;

      (b) Transportation to and from schools pursuant to an interdistrict agreement pursuant to RCW 28A.335.160;

       (c) Transportation of students between schools and learning centers for instruction specifically required by statute; and

      (d) Transportation of students with disabilities to and from schools and agencies for special education services.

      Academic extended day transportation for the instructional program of basic education under RCW 28A.150.220 shall ((not)) be considered part of transportation of students "to and from school" for the purposes of ((chapter 61, Laws of 1983 1st ex. sess)) this section. Transportation for field trips may not be considered part of transportation of students "to and from school" under this section.

      (4) "Transportation services" for students living within ((one radius mile from school means school transportation services including the use of buses,)) the walk area includes the coordination of walk-to-school programs, the funding of crossing guards, and matching funds for local and state transportation projects intended to mitigate hazardous walking conditions. Priority for transportation services shall be given to students in grades kindergarten through five.

      (5) As used in this section, "walk area" means that area around a school with an adequate roadway configuration to provide students access to school with a walking distance of less than one mile. Mileage must be measured along the shortest roadway or maintained public walkway where hazardous conditions do not exist. The hazardous conditions must be documented by a process established in rule by the superintendent of public instruction and must include roadway, environmental, and social conditions. Each elementary school shall identify walk routes within the walk area.

      Sec. 306. RCW 28A.160.170 and 2007 c 139 s 1 are each amended to read as follows:

      Each district shall submit three times each year to the superintendent of public instruction during October, February, and May of each year a report containing the following:

      (1)(a) The number of eligible students transported to and from school as provided for in RCW 28A.160.150 ((for the current school year and the number of miles estimated to be driven for pupil transportation services)), along with ((a map describing student route)) identification of stop locations and school locations, and (b) the number of miles driven for pupil transportation services as authorized in RCW 28A.160.150 the previous school year; and

      (2) Other operational data and descriptions as required by the superintendent to determine allocation requirements for each district. The superintendent shall require that districts separate the costs of operating the program for the transportation of eligible students to and from school as defined by RCW 28A.160.160(3) from non-to-and-from-school pupil transportation costs in the annual financial statement. The cost, quantity, and type of all fuel purchased by school districts for use in to-and-from-school transportation shall be included in the annual financial statement.

      Each district shall submit the information required in this section on a timely basis as a condition of the continuing receipt of school transportation moneys.

      Sec. 307. RCW 28A.160.180 and 1996 c 279 s 3 are each amended to read as follows:

      Each district's annual student transportation allocation shall be ((based on differential rates)) determined by the superintendent of public instruction in the following manner:

      (1) The superintendent shall annually calculate ((a standard student mile allocation rate for determining)) the transportation allocation for those services provided for in RCW 28A.160.150. (("Standard student mile allocation rate," as used in this chapter, means the per mile allocation rate for transporting an eligible student.)) The ((standard student mile)) allocation ((rate)) formula may be adjusted to include such additional differential factors as ((distance; restricted)) basic and special passenger ((load; circumstances that require use of special types of transportation vehicles; student with disabilities load; and small fleet maintenance)) counts as defined by the superintendent of public instruction, average distance to school, and number of locations served.

      (2) ((For transportation services for students living within one radius mile from school,)) The allocation shall be based on a regression analysis of the number of basic and special students ((in grades kindergarten through five living within one radius mile as specified in the biennial appropriations act)) transported and as many other site characteristics that are identified as being statistically significant.


      (3) ((The superintendent of public instruction shall annually calculate allocation rate(s), which shall include vehicle amortization, for determining)) The transportation allocation for transporting students in district-owned passenger cars, as defined in RCW 46.04.382, pursuant to RCW 28A.160.010 for services provided for in RCW 28A.160.150 if a school district deems it advisable to use such vehicles after the school district board of directors has considered the safety of the students being transported as well as the economy of utilizing a district-owned passenger car in lieu of a school bus is the private vehicle reimbursement rate in effect on September 1st of each school year. Students transported in district-owned passenger cars must be included in the corresponding basic or special passenger counts.

       (4) Prior to June 1st of each year the superintendent shall submit to the office of financial management, and the education and fiscal committees ((on education and ways and means of the senate and house of representatives)) of the legislature, a report outlining the methodology and rationale used in determining the statistical coefficients for each site characteristic used to determine the allocation ((rates to be used)) for the following year.

      Sec. 308. RCW 28A.160.190 and 1990 c 33 s 145 are each amended to read as follows:

      The superintendent shall notify districts of their student transportation allocation before January 15th. ((If the number of eligible students in a school district changes ten percent or more from the October report, and the change is maintained for a period of twenty consecutive school days or more, the district may submit revised eligible student data to the superintendent of public instruction.)) The superintendent shall((, to the extent funds are available,)) recalculate and prorate the district's allocation for the transportation of pupils to and from school.

      The superintendent shall make the student transportation allocation in accordance with the apportionment payment schedule in RCW 28A.510.250. Such allocation payments may be based on ((estimated amounts)) the prior school year's ridership report for payments to be made in September, October, November, December, and January.

      NEW SECTION. Sec. 309. A new section is added to chapter 28A.160 RCW to read as follows:

      The superintendent of public instruction shall ensure that the allocation formula results in adequate appropriation for low enrollment districts, nonhigh districts, districts involved in cooperative transportation agreements, and cooperative special transportation services operated by educational service districts. If necessary, the superintendent shall develop a separate process to adjust the allocation of the districts.

      NEW SECTION. Sec. 310. A new section is added to chapter 28A.160 RCW to read as follows:

      (1) The superintendent of public instruction shall encourage efficient use of state resources by providing a linear programming process that compares school district transportation operations. If a school district's operation is calculated to be less than ninety percent efficient, the regional transportation coordinators shall provide an individual review to determine what measures are available to the school district to improve efficiency. The evaluation shall include such measures as:

      (a) Efficient routing of buses;

      (b) Efficient use of vehicle capacity; and

      (c) Reasonable controls on compensation costs.

      (2) The superintendent shall submit to the fiscal and education committees of the legislature no later than December 1st of each year a report summarizing the efficiency reviews and the resulting changes implemented by school districts in response to the recommendations of the regional transportation coordinators.

      NEW SECTION. Sec. 311. A new section is added to chapter 28A.160 RCW to read as follows:

       (1) The superintendent of public instruction shall phase-in the implementation of the distribution formula under this chapter for allocating state funds to school districts for the transportation of students to and from school. The phase-in shall be according to the implementation schedule adopted by the legislature and shall begin no later than the 2013-14 school year.

      (a) The formula must be developed and revised on an ongoing basis using the major cost factors in student transportation, including basic and special student loads, school district land area, average distance to school, roadway miles, and number of locations served. Factors must include all those site characteristics that are statistically significant after analysis of the data required by the revised reporting process.

      (b) The formula must allocate funds to school districts based on the average predicted costs of transporting students to and from school, using a regression analysis.

      (2) During the phase-in period, funding provided to school districts for student transportation operations shall be distributed on the following basis:

      (a) Annually, each school district shall receive the lesser of the previous school year's pupil transportation operations allocation, or the total of allowable pupil transportation expenditures identified on the previous school year's final expenditure report to the state plus district indirect expenses using the state recovery rate identified by the superintendent; and

      (b) Annually, any funds appropriated by the legislature in excess of the maintenance level funding amount for student transportation shall be distributed among school districts on a prorated basis using the difference between the amount identified in (a) of this subsection and the amount determined under the formula in RCW 28A.160.180.

      (3) The superintendent shall develop, implement, and provide a copy of the rules specifying the student transportation reporting requirements to the legislature and school districts no later than December 1, 2009.

      (4) Beginning in December 2009, and continuing until December 2014, the superintendent shall provide quarterly updates and progress reports to the fiscal committees of the legislature on the implementation and testing of the distribution formula.

 

PART IV

CERTIFICATION AND PROFESSIONAL DEVELOPMENT

 

      NEW SECTION. Sec. 401. The legislature recognizes that the key to providing all students the opportunity to achieve the basic education goal is effective teaching and leadership. Teachers, principals, and administrators must be provided with access to the opportunities they need to gain the knowledge and skills that will enable them to be increasingly successful in their classroom and schools. A system that clearly defines, supports, measures, and recognizes effective teaching and leadership is one of the most important investments to be made.

      NEW SECTION. Sec. 402. A new section is added to chapter 28A.410 RCW to read as follows:

      (1)(a) By January 1, 2010, the professional educator standards board shall adopt a set of articulated teacher knowledge, skill, and performance standards for effective teaching that are evidence-based, measurable, meaningful, and documented in high quality research as being associated with improved student learning. The standards shall be calibrated for each level of certification and along the entire career continuum. In developing the standards, the board shall, to the extent possible, incorporate standards for cultural competency along the entire continuum. For the purposes of this subsection, "cultural competency" includes knowledge of student cultural histories and contexts, as well as family norms and values in different cultures; knowledge and skills in accessing community resources and community and parent outreach; and skills in adapting instruction to students' experiences and identifying cultural contexts for individual students.

      (b) By January 1, 2010, the professional educator standards board shall adopt a definition of master teacher, with a comparable level of increased competency between professional certification level and master level as between professional certification level and national board certification. Within the definition established by the professional educator standards board, teachers certified through the national board for professional teaching standards shall be considered master teachers.

      (2) By January 1, 2010, the professional educator standards board shall submit to the governor and the education and fiscal committees of the legislature:

      (a) An update on the status of implementation of the professional certificate external and uniform assessment authorized in RCW 28A.410.210;

      (b) A proposal for a uniform, statewide, valid, and reliable classroom-based means of evaluating teacher effectiveness as a culminating measure at the preservice level that is to be used during the student-teaching field experience. This assessment shall include multiple measures of teacher performance in classrooms, evidence of positive impact on student learning, and shall include review of artifacts, such as use of a variety of assessment and instructional strategies, and student work. The proposal shall establish a timeline for when the assessment will be required for successful completion of a Washington state-approved teacher preparation program. The timeline shall take into account the capacity of the K-12 education and higher education systems to accommodate the new assessment. The proposal and timeline shall also address how the assessment will be included in state-reported data on preparation program quality; and

      (c) A recommendation on the length of time that a residency certificate issued to a teacher is valid and within what time period a teacher must meet the minimum level of performance for and receive a professional certificate in order to continue being certified as a teacher. In developing this recommendation, the professional educator standards board shall consult with interested stakeholders including the Washington education association, the Washington association of school administrators, association of Washington school principals, and the Washington state school directors' association and shall include with its recommendation a description of each stakeholder's comments on the recommendation.

      (3) The update and proposal in subsection (2)(a) and (b) of this section shall include, at a minimum, descriptions of:

      (a) Estimated costs and statutory authority needed for further development and implementation of these assessments;

      (b) A common and standardized rubric for determining whether a teacher meets the minimum level of performance of the assessments; and

      (c) Administration and management of the assessments.

      (4) To the extent that funds are appropriated for this purpose and in accordance with the timeline established in subsection (2) of this section, recognizing the capacity limitations of the education systems, the professional educator standards board shall develop the system and process as established in subsections (1), (2), and (3) of this section throughout the remainder of the 2010-11 and 2011-12 school years.

      (5) Beginning no earlier than September 1, 2011, award of a professional certificate shall be based on a minimum of two years of successful teaching experience as defined by the board and on the results of the evaluation authorized under RCW 28A.410.210(14) and under this section, and may not require candidates to enroll in a professional certification program.

      (6) Beginning July 1, 2011, educator preparation programs approved to offer the residency teaching certificate shall be required to demonstrate how the program produces effective teachers as evidenced by the measures established under this section and other criteria established by the professional educator standards board.

      Sec. 403. RCW 28A.415.360 and 2007 c 402 s 9 are each amended to read as follows:

      (1) Subject to funds appropriated for this purpose, targeted professional development programs, to be known as learning improvement days, are authorized to further the development of outstanding mathematics, science, and reading teaching and learning opportunities in the state of Washington. The intent of this section is to provide guidance for the learning improvement days in the omnibus appropriations act. The learning improvement days authorized in this section shall not be considered part of the definition of basic education.

      (2) ((The expected outcomes of these programs are)) A school district is eligible to receive funding for learning improvement days that are limited to specific activities related to student learning that contribute to the following outcomes:

      (a) Provision of meaningful, targeted professional development for all teachers in mathematics, science, or reading;

      (b) Increased knowledge and instructional skill for mathematics, science, or reading teachers;

      (c) Increased use of curriculum materials with supporting diagnostic and supplemental materials that align with state standards;

      (d) Skillful guidance for students participating in alternative assessment activities;

       (e) Increased rigor of course offerings especially in mathematics, science, and reading;

      (f) Increased student opportunities for focused, applied mathematics and science classes;

      (g) Increased student success on state achievement measures; and

      (h) Increased student appreciation of the value and uses of mathematics, science, and reading knowledge and exploration of related careers.

      (3) School districts receiving resources under this section shall submit reports to the superintendent of public instruction ((regarding the use of the funds;)) documenting how the use of the funds ((is associated with)) contributes to measurable improvement in the ((expected)) outcomes described under subsection (2) of this section; and how other professional development resources and programs authorized in statute or in the omnibus appropriations act contribute to the expected outcomes. The superintendent of public instruction and the office of financial management shall collaborate on required report content and format.

 

PART V

SHARED ACCOUNTABILITY FOR SCHOOL AND DISTRICT IMPROVEMENT

 

      NEW SECTION. Sec. 501. (1)(a) The legislature intends to develop a system in which the state and school districts share accountability for achieving state educational standards and supporting continuous school improvement. The legislature recognizes that comprehensive education finance reform and the increased investment of public resources necessary to implement that reform must be accompanied by a new mechanism for clearly defining the relationships and expectations for the state, school districts, and schools. It is the legislature's intent that this be accomplished through the development of a proactive, collaborative accountability system that focuses on a school improvement system that engages and serves the local school board, parents, students, staff in the schools and districts, and the community. The improvement system shall be based on progressive levels of support, with a goal of continuous improvement in student achievement and alignment with the federal system of accountability.

       (b) The legislature further recognizes that it is the state's responsibility to provide schools and districts with the tools and resources necessary to improve student achievement. These tools include the necessary accounting and data reporting systems, assessment systems to monitor student achievement, and a system of general support, targeted assistance, recognition, and, if necessary, state intervention.

      (2) The legislature has already charged the state board of education to develop criteria to identify schools and districts that are successful, in need of assistance, and those where students persistently fail, as well as to identify a range of intervention strategies and a performance incentive system. The legislature finds that the state board of education should build on the work that the board has already begun in these areas. As development of these formulas, processes, and systems progresses, the legislature should monitor the progress.

      Sec. 502. RCW 28A.305.130 and 2008 c 27 s 1 are each amended to read as follows:

      The purpose of the state board of education is to provide advocacy and strategic oversight of public education; implement a standards-based accountability ((system)) framework that creates a unified system of increasing levels of support for schools in order to improve student academic achievement; provide leadership in the creation of a system that personalizes education for each student and respects diverse cultures, abilities, and learning styles; and promote achievement of the goals of RCW 28A.150.210. In addition to any other powers and duties as provided by law, the state board of education shall:

      (1) Hold regularly scheduled meetings at such time and place within the state as the board shall determine and may hold such special meetings as may be deemed necessary for the transaction of public business;

      (2) Form committees as necessary to effectively and efficiently conduct the work of the board;

      (3) Seek advice from the public and interested parties regarding the work of the board;

      (4) For purposes of statewide accountability:

       (a) Adopt and revise performance improvement goals in reading, writing, science, and mathematics, by subject and grade level, once assessments in these subjects are required statewide; academic and technical skills, as appropriate, in secondary career and technical education programs; and student attendance, as the board deems appropriate to improve student learning. The goals shall be consistent with student privacy protection provisions of RCW 28A.655.090(7) and shall not conflict with requirements contained in Title I of the federal elementary and secondary education act of 1965, or the requirements of the Carl D. Perkins vocational education act of 1998, each as amended. The goals may be established for all students, economically disadvantaged students, limited English proficient students, students with disabilities, and students from disproportionately academically underachieving racial and ethnic backgrounds. The board may establish school and school district goals addressing high school graduation rates and dropout reduction goals for students in grades seven through twelve. The board shall adopt the goals by rule. However, before each goal is implemented, the board shall present the goal to the education committees of the house of representatives and the senate for the committees' review and comment in a time frame that will permit the legislature to take statutory action on the goal if such action is deemed warranted by the legislature;

      (b) Identify the scores students must achieve in order to meet the standard on the Washington assessment of student learning and, for high school students, to obtain a certificate of academic achievement. The board shall also determine student scores that identify levels of student performance below and beyond the standard. The board shall consider the incorporation of the standard error of measurement into the decision regarding the award of the certificates. The board shall set such performance standards and levels in consultation with the superintendent of public instruction and after consideration of any recommendations that may be developed by any advisory committees that may be established for this purpose. The initial performance standards and any changes recommended by the board in the performance standards for the tenth grade assessment shall be presented to the education committees of the house of representatives and the senate by November 30th of the school year in which the changes will take place to permit the legislature to take statutory action before the changes are implemented if such action is deemed warranted by the legislature. The legislature shall be advised of the initial performance standards and any changes made to the elementary level performance standards and the middle school level performance standards;

      (c) ((Adopt objective, systematic criteria to identify successful schools and school districts and recommend to the superintendent of public instruction schools and districts to be recognized for two types of accomplishments, student achievement and improvements in student achievement. Recognition for improvements in student achievement shall include consideration of one or more of the following accomplishments:

      (i) An increase in the percent of students meeting standards. The level of achievement required for recognition may be based on the achievement goals established by the legislature and by the board under (a) of this subsection;

      (ii) Positive progress on an improvement index that measures improvement in all levels of the assessment; and

      (iii) Improvements despite challenges such as high levels of mobility, poverty, English as a second language learners, and large numbers of students in special populations as measured by either the percent of students meeting the standard, or the improvement index. When determining the baseline year or years for recognizing individual schools, the board may use the assessment results from the initial years the assessments were administered, if doing so with individual schools would be appropriate;

      (d) Adopt objective, systematic criteria to identify schools and school districts in need of assistance and those in which significant numbers of students persistently fail to meet state standards. In its deliberations, the board shall consider the use of all statewide mandated criterion-referenced and norm-referenced standardized tests;

      (e) Identify schools and school districts in which state intervention measures will be needed and a range of appropriate intervention strategies after the legislature has authorized a set of intervention strategies. After the legislature has authorized a set of intervention strategies, at the request of the board, the superintendent shall intervene in the school or school district and take corrective actions. This chapter does not provide additional authority for the board or the superintendent of public instruction to intervene in a school or school district;

      (f) Identify performance incentive systems that have improved or have the potential to improve student achievement;

      (g))) Annually review the assessment reporting system to ensure fairness, accuracy, timeliness, and equity of opportunity, especially with regard to schools with special circumstances and unique populations of students, and a recommendation to the superintendent of public instruction of any improvements needed to the system; and

      (((h))) (d) Include in the biennial report required under RCW 28A.305.035, information on the progress that has been made in achieving goals adopted by the board;

      (5) Accredit, subject to such accreditation standards and procedures as may be established by the state board of education, all private schools that apply for accreditation, and approve, subject to the provisions of RCW 28A.195.010, private schools carrying out a program for any or all of the grades kindergarten through twelve: PROVIDED, That no private school may be approved that operates a kindergarten program only: PROVIDED FURTHER, That no private schools shall be placed upon the list of accredited schools so long as secret societies are knowingly allowed to exist among its students by school officials;


      (6) Articulate with the institutions of higher education, workforce representatives, and early learning policymakers and providers to coordinate and unify the work of the public school system;

      (7) Hire an executive director and an administrative assistant to reside in the office of the superintendent of public instruction for administrative purposes. Any other personnel of the board shall be appointed as provided by RCW 28A.300.020. The board may delegate to the executive director by resolution such duties as deemed necessary to efficiently carry on the business of the board including, but not limited to, the authority to employ necessary personnel and the authority to enter into, amend, and terminate contracts on behalf of the board. The executive director, administrative assistant, and all but one of the other personnel of the board are exempt from civil service, together with other staff as now or hereafter designated as exempt in accordance with chapter 41.06 RCW; and

       (8) Adopt a seal that shall be kept in the office of the superintendent of public instruction.

      NEW SECTION. Sec. 503. A new section is added to chapter 28A.305 RCW to read as follows:

      (1) The state board of education shall continue to refine the development of an accountability framework that creates a unified system of support for challenged schools, that aligns with basic education, increases the level of support based upon the magnitude of need, and uses data for decisions.

      (2) The state board of education shall develop an accountability index to identify schools and districts for recognition and for additional state support. The index shall be based on criteria that are fair, consistent, and transparent. Performance shall be measured using multiple outcomes and indicators including, but not limited to, graduation rates and results from statewide assessments. The index shall be developed in such a way as to be easily understood by both employees within the schools and districts, as well as parents and community members. It is the legislature's intent that the index provide feedback to schools and districts to self-assess their progress, and enable the identification of schools with exemplary student performance and those that need assistance to overcome challenges in order to achieve exemplary student performance. Once the accountability index has identified schools that need additional help, a more thorough analysis will be done to analyze specific conditions in the district including but not limited to the level of state resources a school or school district receives in support of the basic education system, achievement gaps for different groups of students, and community support.

      (3) Based on the accountability index and in consultation with the superintendent of public instruction, the state board of education shall develop a proposal and timeline for implementation of a comprehensive system of voluntary support and assistance for schools and districts. The timeline must take into account and accommodate capacity limitations of the K-12 educational system. Changes that have a fiscal impact on school districts, as identified by a fiscal analysis prepared by the office of the superintendent of public instruction, shall take effect only if formally authorized by the legislature through the omnibus appropriations act or other enacted legislation.

      (4)(a) The state board of education shall develop a proposal and implementation timeline for a more formalized comprehensive system improvement targeted to challenged schools and districts that have not demonstrated sufficient improvement through the voluntary system. The timeline must take into account and accommodate capacity limitations of the K-12 educational system. The proposal and timeline shall be submitted to the education committees of the legislature by December 1, 2009, and shall include recommended legislation and recommended resources to implement the system according to the timeline developed.

      (b) The proposal shall outline a process for addressing performance challenges that will include the following features: (i) An academic performance audit using peer review teams of educators that considers school and community factors in addition to other factors in developing recommended specific corrective actions that should be undertaken to improve student learning; (ii) a requirement for the local school board plan to develop and be responsible for implementation of corrective action plan taking into account the audit findings, which plan must be approved by the state board of education at which time the plan becomes binding upon the school district to implement; and (iii) monitoring of local district progress by the office of the superintendent of public instruction. The proposal shall take effect only if formally authorized by the legislature through the omnibus appropriations act or other enacted legislation.

      (5) In coordination with the superintendent of public instruction, the state board of education shall seek approval from the United States department of education for use of the accountability index and the state system of support, assistance, and intervention, to replace the federal accountability system under P.L. 107-110, the no child left behind act of 2001.

      (6) The state board of education shall work with the education data center established within the office of financial management and the technical working group established in section 112 of this act to determine the feasibility of using the prototypical funding allocation model as not only a tool for allocating resources to schools and districts but also as a tool for schools and districts to report to the state legislature and the state board of education on how the state resources received are being used.

 

PART VI

COMPENSATION

 

      NEW SECTION. Sec. 601. A new section is added to chapter 43.41 RCW to read as follows:

      (1) The legislature recognizes that providing students with the opportunity to access a world-class educational system depends on our continuing ability to provide students with access to world-class educators. The legislature also understands that continuing to attract and retain the highest quality educators will require increased investments. The legislature intends to enhance the current salary allocation model and recognizes that changes to the current model cannot be imposed without great deliberation and input from teachers, administrators, and classified employees. Therefore, it is the intent of the legislature to begin the process of developing an enhanced salary allocation model that is collaboratively designed to ensure the rationality of any conclusions regarding what constitutes adequate compensation.

      (2) Beginning July 1, 2011, the office of financial management shall convene a technical working group to recommend the details of an enhanced salary allocation model that aligns state expectations for educator development and certification with the compensation system and establishes recommendations for a concurrent implementation schedule. In addition to any other details the technical working group deems necessary, the technical working group shall make recommendations on the following:

      (a) How to reduce the number of tiers within the existing salary allocation model;

      (b) How to account for labor market adjustments;

      (c) How to account for different geographic regions of the state where districts may encounter difficulty recruiting and retaining teachers;

      (d) The role of and types of bonuses available;

      (e) Ways to accomplish salary equalization over a set number of years; and

       (f) Initial fiscal estimates for implementing the recommendations including a recognition that staff on the existing salary allocation model would have the option to grandfather in permanently to the existing schedule.


      (3) As part of its work, the technical working group shall conduct or contract for a preliminary comparative labor market analysis of salaries and other compensation for school district employees to be conducted and shall include the results in any reports to the legislature. For the purposes of this subsection, "salaries and other compensation" includes average base salaries, average total salaries, average employee basic benefits, and retirement benefits.

      (4) The analysis required under subsection (1) of this section must:

      (a) Examine salaries and other compensation for teachers, other certificated instructional staff, principals, and other building-level certificated administrators, and the types of classified employees for whom salaries are allocated;

      (b) Be calculated at a statewide level that identifies labor markets in Washington through the use of data from the United States bureau of the census and the bureau of labor statistics; and

      (c) Include a comparison of salaries and other compensation to the appropriate labor market for at least the following subgroups of educators: Beginning teachers and types of educational staff associates.

      (5) The working group shall include representatives of the department of personnel, the professional educator standards board, the office of the superintendent of public instruction, the Washington education association, the Washington association of school administrators, the association of Washington school principals, the Washington state school directors' association, the public school employees of Washington, and other interested stakeholders with appropriate expertise in compensation related matters. The working group may convene advisory subgroups on specific topics as necessary to assure participation and input from a broad array of diverse stakeholders.

      (6) The working group shall be monitored and overseen by the legislature and the quality education council created in section 114 of this act. The working group shall make an initial report to the legislature by December 1, 2012, and shall include in its report recommendations for whether additional further work of the group is necessary.

 

PART VII

GENERAL PROVISIONS--PROGRAM OF BASIC EDUCATION

 

      Sec. 701. RCW 28A.165.005 and 2004 c 20 s 1 are each amended to read as follows:

      ((The learning assistance program requirements in)) This chapter ((are)) is designed to: (1) Promote the use of assessment data when developing programs to assist underachieving students; and (2) guide school districts in providing the most effective and efficient practices when implementing ((programs)) supplemental instruction and services to assist underachieving students. ((Further, this chapter provides the means by which a school district becomes eligible for learning assistance program funds and the distribution of those funds.))

      Sec. 702. RCW 28A.165.015 and 2004 c 20 s 2 are each amended to read as follows:

      Unless the context clearly indicates otherwise the definitions in this section apply throughout this chapter.

      (1) "Approved program" means a program submitted to and approved by the office of the superintendent of public instruction and conducted pursuant to the plan that addresses the required elements as provided for in this chapter.

      (2) "Basic skills areas" means reading, writing, and mathematics as well as readiness associated with these skills.

      (3) "Participating student" means a student in kindergarten through grade ((eleven who scores below standard for his or her grade level on the statewide assessments and who is identified in the approved plan to receive services. Beginning with the 2007-2008 school year, "participating student" means a student in kindergarten through grade)) twelve who scores below standard for his or her grade level on the statewide assessments and who is identified in the approved plan to receive services.

       (4) "Statewide assessments" means one or more of the several basic skills assessments administered as part of the state's student assessment system, and assessments in the basic skills areas administered by local school districts.

      (5) "Underachieving students" means students with the greatest academic deficits in basic skills as identified by the statewide assessments.

      Sec. 703. RCW 28A.165.055 and 2008 c 321 s 10 are each amended to read as follows:

      (((1))) Each school district with an approved program is eligible for state funds provided for the learning assistance program. The funds shall be appropriated for the learning assistance program in accordance with RCW 28A.150.260 and the ((biennial)) omnibus appropriations act. The distribution formula is for school district allocation purposes only, but funds appropriated for the learning assistance program must be expended for the purposes of RCW 28A.165.005 through 28A.165.065. ((The distribution formula shall be based on one or more family income factors measuring economic need.

      (2) In addition to the funds allocated to eligible school districts on the basis of family income factors, enhanced funds shall be allocated for school districts where more than twenty percent of students are eligible for and enrolled in the transitional bilingual instruction program under chapter 28A.180 RCW as provided in this subsection. The enhanced funding provided in this subsection shall take effect beginning in the 2008-09 school year.

      (a) If, in the prior school year, a district's percent of October headcount student enrollment in grades kindergarten through twelve who are enrolled in the transitional bilingual instruction program, based on an average of the program headcount taken in October and May, exceeds twenty percent, twenty percent shall be subtracted from the district's percent transitional bilingual instruction program enrollment and the resulting percent shall be multiplied by the district's kindergarten through twelve annual average full-time equivalent enrollment for the prior school year.

      (b) The number calculated under (a) of this subsection shall be the number of additional funded students for purposes of this subsection, to be multiplied by the per-funded student allocation rates specified in the omnibus appropriations act.

      (c) School districts are only eligible for the enhanced funds under this subsection if their percentage of October headcount enrollment in grades kindergarten through twelve eligible for free or reduced-price lunch exceeded forty percent in the prior school year.))

      Sec. 704. RCW 28A.180.010 and 1990 c 33 s 163 are each amended to read as follows:

      RCW 28A.180.010 through 28A.180.080 shall be known and cited as "the transitional bilingual instruction act." The legislature finds that there are large numbers of children who come from homes where the primary language is other than English. The legislature finds that a transitional bilingual education program can meet the needs of these children. Pursuant to the policy of this state to insure equal educational opportunity to every child in this state, it is the purpose of RCW 28A.180.010 through 28A.180.080 to provide for the implementation of transitional bilingual education programs in the public schools((, and to provide supplemental financial assistance to school districts to meet the extra costs of these programs)).

      Sec. 705. RCW 28A.180.080 and 1995 c 335 s 601 are each amended to read as follows:

      ((The superintendent of public instruction shall prepare and submit biennially to the governor and the legislature a budget request for bilingual instruction programs.)) Moneys appropriated by the legislature for the purposes of RCW 28A.180.010 through 28A.180.080 shall be allocated by the superintendent of public instruction to school districts for the sole purpose of operating an approved bilingual instruction program((; priorities for funding shall exist for the early elementary grades. No moneys shall be allocated pursuant to this section to fund more than three school years of bilingual instruction for each eligible pupil within a district: PROVIDED, That such moneys may be allocated to fund more than three school years of bilingual instruction for any pupil who fails to demonstrate improvement in English language skills adequate to remove impairment of learning when taught only in English. The superintendent of public instruction shall set standards and approve a test for the measurement of such English language skills)).

      Sec. 706. RCW 28A.225.200 and 1990 c 33 s 234 are each amended to read as follows:

      (1) A local district may be authorized by the educational service district superintendent to transport and educate its pupils in other districts for one year, either by payment of a compensation agreed upon by such school districts, or under other terms mutually satisfactory to the districts concerned when this will afford better educational facilities for the pupils and when a saving may be effected in the cost of education((: PROVIDED, That)). Notwithstanding any other provision of law, the amount to be paid by the state to the resident school district for apportionment purposes and otherwise payable pursuant to RCW ((28A.150.100,)) 28A.150.250 through 28A.150.290, 28A.150.350 through 28A.150.410, 28A.160.150 through 28A.160.200, ((28A.160.220)) 28A.300.035, and 28A.300.170((, and 28A.500.010)) shall not be greater than the regular apportionment for each high school student of the receiving district. Such authorization may be extended for an additional year at the discretion of the educational service district superintendent.

      (2) Subsection (1) of this section shall not apply to districts participating in a cooperative project established under RCW 28A.340.030 which exceeds two years in duration.

      Sec. 707. RCW 28A.185.010 and 1984 c 278 s 12 are each amended to read as follows:

      Pursuant to rules ((and regulations)) adopted by the superintendent of public instruction for the administration of this chapter, the superintendent of public instruction shall carry out a program for highly capable students. Such program may include conducting, coordinating and aiding in research (including pilot programs), disseminating information to local school districts, providing statewide staff development, and allocating to school districts supplementary funds for additional costs of district programs, as provided by RCW ((28A.185.020)) 28A.150.260.

      Sec. 708. RCW 28A.185.020 and 1990 c 33 s 168 are each amended to read as follows:

      (1) The legislature finds that, for highly capable students, access to accelerated learning and enhanced instruction is access to a basic education. There are multiple definitions of highly capable, from intellectual to academic to artistic. The research literature strongly supports using multiple criteria to identify highly capable students, and therefore, the legislature does not intend to prescribe a single method. Instead, the legislature intends to allocate funding based on two and three hundred fourteen one-thousandths percent of each school district's population and authorize school districts to identify through the use of multiple, objective criteria those students most highly capable and eligible to receive accelerated learning and enhanced instruction in the program offered by the district. Access to accelerated learning and enhanced instruction through the program for highly capable students does not constitute an individual entitlement for any particular student.

      (2) Supplementary funds ((as may be)) provided by the state for ((this program, in accordance with RCW 28A.150.370,)) the program for highly capable students under RCW 28A.150.260 shall be categorical funding ((on an excess cost basis based upon a per student amount not to exceed three percent of any district's full-time equivalent enrollment)) to provide services to highly capable students as determined by a school district under RCW 28A.185.030.

      NEW SECTION. Sec. 709. The following acts or parts of acts are each repealed:

      (1) RCW 28A.150.030 (School day) and 1971 ex.s. c 161 s 1 & 1969 ex.s. c 223 s 28A.01.010;

      (2) RCW 28A.150.060 (Certificated employee) and 2005 c 497 s 212, 1990 c 33 s 102, 1977 ex.s. c 359 s 17, 1975 1st ex.s. c 288 s 21, & 1973 1st ex.s. c 105 s 1;

      (3) RCW 28A.150.100 (Basic education certificated instructional staff--Definition--Ratio to students) and 1990 c 33 s 103 & 1987 1st ex.s. c 2 s 203;

      (4) RCW 28A.150.040 (School year--Beginning--End) and 1990 c 33 s 101, 1982 c 158 s 5, 1977 ex.s. c 286 s 1, 1975-'76 2nd ex.s. c 118 s 22, & 1969 ex.s. c 223 s 28A.01.020;

       (5) RCW 28A.150.370 (Additional programs for which legislative appropriations must or may be made) and 1995 c 335 s 102, 1995 c 77 s 5, 1990 c 33 s 114, 1982 1st ex.s. c 24 s 1, & 1977 ex.s. c 359 s 7; and

      (6) RCW 28A.155.180 (Safety net funds--Application--Technical assistance--Annual survey) and 2007 c 400 s 8.

 

PART VIII

MISCELLANEOUS PROVISIONS

 

      NEW SECTION. Sec. 801. Part headings used in this act are not any part of the law.

      NEW SECTION. Sec. 802. Sections 1, 102, and 109 of this act are each added to chapter 28A.150 RCW.

      NEW SECTION. Sec. 803. Section 114 of this act constitutes a new chapter in Title 28A RCW.

      NEW SECTION. Sec. 804. Sections 101 through 110 and 701 through 709 of this act take effect September 1, 2011.

      NEW SECTION. Sec. 805. Sections 304 through 311 of this act take effect September 1, 2013.

      NEW SECTION. Sec. 806. Section 112 of this act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately.

      NEW SECTION. Sec. 807. 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."

 

MOTION

 

Senator King moved that the following amendment by Senator King to the striking amendment be adopted.

      Beginning on page 3, line 3 of the amendment, strike all of section 101

      Renumber the sections consecutively and correct any internal references accordingly.

      Beginning on page 6, line 21 of the amendment, strike all of section 104

      Renumber the remaining sections consecutively and correct any internal references accordingly.

      Beginning on page 16, line 27 of the amendment, strike all of section 107

      Renumber the sections consecutively and correct any internal references accordingly.

      On page 27, beginning on line 28 of the amendment, strike all of subsection (1)

      Renumber the remaining subsections consecutively.

      On page 28, line 3 of the amendment, after "develop the" strike "basic education"

      Beginning on page 38, line 20 of the amendment, strike all of sections 303 through 309

      Renumber the remaining sections consecutively and correct any internal references accordingly.


      Beginning on page 59, line 6 of the amendment, strike all of sections 701 through 708

      Renumber the remaining section consecutively and correct any internal references accordingly.

      On page 64, line 15 of the amendment, strike "701 through"

On page 64, line 17 of the amendment, strike "304 through" and insert "310 and"

      On page 65, line 2 of the title amendment, after "RCW", strike all material through "28A.185.020;" on line 7 and insert "28A.150.210, 28A.150.250, 28A.150.260, 228A.150.390, 28A.150.380, 28A.230.090, 43.41.400, 28A.415.360, and 28A.305.130;"

      Senators King and Schoesler spoke in favor of adoption of the amendment to the striking amendment.

      Senator McAuliffe spoke against adoption of the amendment to the striking amendment.

 

      The President declared the question before the Senate to be the adoption of the amendment by Senator King on page 3, line 3 to the striking amendment to Engrossed Substitute House Bill No. 2261.

      The motion by Senator King failed and the amendment to the striking amendment was not adopted by voice vote.

 

MOTION

 

Senator King moved that the following amendment by Senator King to the striking amendment be adopted.

      Beginning on page 10, line 18 of the amendment, strike all of section 106 and insert the following:

      "NEW SECTION. Sec. 106. (1) The office of financial management, with assistance and support from the office of the superintendent of public instruction, shall convene a technical working group to recommend the details of funding formulas based on prototypical schools and an implementation schedule and submit recommendations to the legislature by December 1, 2009.

      (2) The funding formulas shall be based on minimum staff and nonstaff costs deemed necessary to support instruction and operations in prototypical schools serving high, middle, and elementary school students. The use of prototypical schools for the distribution formula does not constitute legislative intent that schools should be operated or structured in a similar fashion as the prototypes. Prototypical schools illustrate the level of resources needed to operate a school of a particular size with particular types and grade levels of students using commonly understood terms and inputs, such as class size, hours of instruction, and various categories of school staff. It is the intent that the funding allocations to school districts be adjusted from the school prototypes based on the actual number of annual average full-time equivalent students in each grade level at each school in the district and not based on the grade-level configuration of the school to the extent that data is available. The allocations shall be further adjusted from the school prototypes with minimum allocations for small schools and to reflect other factors identified in the omnibus appropriations act."

       On page 18, beginning on line 10 of the amendment, after "28A.150.260((,))" strike all material through "(8)" on line 11

      On page 18, line 28 of the amendment, after "28A.150.260" strike all material through "(8)"

      On page 65, line 3 of the title amendment, after "28A.150.250," strike "28A.150.260,"

      Senator King spoke in favor of adoption of the amendment to the striking amendment.

      Senator Oemig spoke against adoption of the amendment to the striking amendment.

 

      The President declared the question before the Senate to be the adoption of the amendment by Senator King on page 10, line 18 to the striking amendment Engrossed Substitute House Bill No. 2261.

      The motion by Senator King failed and the amendment to the striking amendment was not adopted by voice vote.

 

MOTION

 

Senator King moved that the following amendment by Senator King to the striking amendment be adopted.

      On page 24, at the beginning of line 9 of the amendment, strike "and"

      On page 24, line 13 of the amendment, after "consideration" insert "; and
      (d) Review and analyze all of the current state funds provided for K-12 education, including the allocations to the office of the superintendent of public instruction and the educational service districts, for the purposes of identifying efficiencies and areas where state funds could be redirected to be more effective in improving student learning"

      Renumber the remaining subsections consecutively.

      Senator King spoke in favor of adoption of the amendment to the striking amendment.

      Senator Oemig spoke against adoption of the amendment to the striking amendment.

      Senator Schoesler demanded a roll call.

      The President declared that one-sixth of the members supported the demand and the demand was sustained.

The President declared the question before the Senate to be the adoption of the amendment by Senator King on page 24, line 9 to the striking amendment to Engrossed Substitute House Bill No. 2261.

 

ROLL CALL

 

      The Secretary called the roll on the adoption of the amendment by Senator King to the striking amendment and the amendment was not adopted by the following vote: Yeas, 19; Nays, 30; Absent, 0; Excused, 0.

      Voting yea: Senators Becker, Benton, Brandland, Carrell, Delvin, Hewitt, Holmquist, Honeyford, King, McCaslin, Morton, Parlette, Pflug, Roach, Schoesler, Sheldon, Stevens, Swecker and Zarelli

      Voting nay: Senators Berkey, Brown, Eide, Fairley, Franklin, Fraser, Hargrove, Hatfield, Haugen, Hobbs, Jacobsen, Jarrett, Kastama, Kauffman, Keiser, Kilmer, Kline, Kohl-Welles, Marr, McAuliffe, McDermott, Murray, Oemig, Prentice, Pridemore, Ranker, Regala, Rockefeller, Shin and Tom

 

MOTION

 

Senator Holmquist moved that the following amendment by Senators Holmquist and King to the striking amendment be adopted.

      On page 22, beginning on line 26 of the amendment, after "review" strike all material through "act" on line 27

      On page 24, beginning on line 11 of the amendment, after "legislature" strike all material through "act" on line 12

      On page 24, beginning on line 26 of the amendment, after "legislature" strike all material through "act" on line 27


      Beginning on page 25, line 27 of the amendment, strike all of section 114

      Renumber the remaining section consecutively.

 

      On page 28, beginning on line 28 of the amendment, strike all of subsection (4)

      On page 38, beginning on line 17 of the amendment, after "legislature" strike all material through "act" on line 18

      On page 58, beginning on line 37 of the amendment, after "legislature" strike all material through "act" on line 38

      On page 64, beginning on line 13 of the amendment, strike all of section 803

      Renumber the remaining sections consecutively.

      On page 65, line 13 of the title amendment, after "28A.305 RCW;" strike "adding a new chapter to Title 28A RCW;"

      Senator Holmquist spoke in favor of adoption of the amendment to the striking amendment.

      Senator Jarrett spoke against adoption of the amendment to the striking amendment.

 

POINT OF INQUIRY

 

      Senator Holmquist: “Would Senator McAuliffe yield to a question? Thank you Madam Chair. I was just wondering, I see that in this section where we’re creating this quality education council that there are costs in regards to travel reimbursement and expenses and you can see that right in section 114, subsection 7, etc. So these are going to be additional cost to the tax payers to form this new layer of bureaucracy. So, my question to you Madam Chair; ‘How much is this going to cost?’ We just got this striking amendment earlier today. We haven’t had time to get a fiscal note. Do you have any idea how much this is going to cost for the tax payers?”

 

      Senator McAuliffe: “Yes. This is within existing funds. The people who are serving on this task force are currently funded within their agencies to do the work. We have legislators that are serving that will be serving with much of their own time and very little travel time. So, there is money in our final budgets to fund the work groups, to fund this bill but for this quality education council there is no funding at this point because there is no need.”

 

      Senator Holmquist: “Just reading from subsection 7, it says right there that they will be reimbursed for travel expenses in accordance with RCW. I mean this is the same plate language we have for every task force. It costs money so I don’t think that is an accurate answer. I do appreciate you doing your best but this is going to cost money and it’s right there in the bill. Thank you.”

 

The President declared the question before the Senate to be the adoption of the amendment by Senators Holmquist and King on page 22, line 26 to the striking amendment to Engrossed Substitute House Bill No. 2261.

The motion by Senator Holmquist failed and the amendment to the striking amendment was not adopted by voice vote.

 

MOTION

 

Senator Schoesler moved that the following amendment by Senators Schoesler and Holmquist to the striking amendment be adopted.

      On page 28, after line 32 of the amendment, insert the following:

      "Sec. 116. RCW 28A.500.010 and 1999 c 317 s 1 are each amended to read as follows:

      ((Commencing with calendar year 2000,)) In addition to a school district's other general fund allocations, each eligible district shall be provided local effort assistance funds. The purpose of these funds is to mitigate the effect that above average property tax rates might have on the ability of a school district to raise local revenues to supplement the state's basic program of education. These funds serve to equalize the property tax rates that individual taxpayers would pay for such levies and to provide tax relief to taxpayers in high tax rate school districts. Such funds are ((not)) part of the district's basic education allocation."

      Beginning on page 37, line 3 of the amendment, strike all of sections 301 and 302

      Renumber the remaining sections consecutively and correct any internal references accordingly.

      Senator Schoesler spoke in favor of adoption of the amendment to the striking amendment.

      Senator McAuliffe spoke against adoption of the amendment to the striking amendment.

 

The President declared the question before the Senate to be the adoption of the amendment by Senators Schoesler and Holmquist on page 28, after line 32 to the striking amendment to Engrossed Substitute House Bill No. 2261.

The motion by Senator Schoesler failed and the amendment to the striking amendment was not adopted by voice vote.

 

MOTION

 

Senator Zarelli moved that the following amendment by Senator Zarelli to the striking amendment be adopted.

      On page 61, line 28, after "program", strike all material through "English." On line 35 and insert, "; priorities for funding shall exist for the early elementary grades. No moneys shall be allocated pursuant to this section to fund more than three school years of bilingual instruction for each eligible pupil within a district: PROVIDED, That such moneys may be allocated to fund more than three school years of bilingual instruction for any pupil who fails to demonstrate improvement in English language skills adequate to remove impairment of learning when taught only in English."

      Senators Zarelli, Roach, Schoesler, Pflug, Becker, Benton, Stevens, Carrell and Honeyford spoke in favor of adoption of the amendment to the striking amendment.

      Senators McAuliffe, Oemig, Jarrett and Kauffman spoke against adoption of the amendment to the striking amendment.

 

The President declared the question before the Senate to be the adoption of the amendment by Senator Zarelli on page 61, line 28 to the striking amendment Engrossed Substitute House Bill No. 2261.

The motion by Senator Zarelli failed and the amendment to the striking amendment was not adopted by voice vote.

 

MOTION

 

Senator Roach moved that the following amendment by Senator Roach to the striking amendment be adopted.

      On page 63, after line 24 of the amendment, insert the following:

      "NEW SECTION. Sec. 709. A new section is added to chapter 28A.185 RCW to read as follows:


      To the extent necessary, funds shall be made available for safety net awards for districts with demonstrated needs for funding for a highly capable program beyond the amounts provided through the highly capable funding formula under RCW 28A.150.260 and 28A.185.020. Safety net funds shall be awarded by the state safety net oversight committee subject to the conditions and limitations in subsections (1) through (4) of this section.

      (1) The committee shall consider additional funds for districts that can convincingly demonstrate that all legitimate expenditures for the highly capable program exceed all available revenues from state funding formulas. In the determination of need, the committee shall also consider additional available revenues from federal sources. Differences in program costs attributable to district philosophy, service delivery choice, or accounting practices are not a legitimate basis for safety net awards. In the determination of need, the committee shall require that districts demonstrate that they are maximizing their eligibility for all state and federal revenues related to services for students in the highly capable program.

      (2) The superintendent of public instruction may adopt such rules and procedures as are necessary to administer the safety net award process for the highly capable program, including determining the maximum allowable indirect cost for calculating safety net eligibility.

      (3) The superintendent of public instruction shall provide technical assistance to school districts in preparing and submitting safety net applications for highly capable programs.

      (4) The safety net committee for highly capable programs shall be composed of at least the following members:

       (a) One staff member from the office of the superintendent of public instruction;

      (b) Staff of the office of the state auditor, who shall be nonvoting members of the committee; and

      (c) One or more representatives from school districts or educational service districts knowledgeable of highly capable programs and funding."

      Renumber the remaining section consecutively.

      On page 65, line 13 of the title amendment, after "28A.305 RCW;" insert "adding a new section to chapter 28A.185 RCW;"

      Senators Roach and Oemig spoke in favor of adoption of the amendment to the striking amendment.

 

The President declared the question before the Senate to be the adoption of the amendment by Senator Roach on page 63, after line 24 to the striking amendment to Engrossed Substitute House Bill No. 2261.

The motion by Senator Roach carried and the amendment to the striking amendment was adopted by voice vote.

 

MOTION

 

Senator Pflug moved that the following amendment by Senator Pflug to the striking amendment be adopted.

      On page 7, beginning on line 5 of the amendment, after "school" strike "year:

      (a) For" and insert "year: For"

      On page 7, beginning on line 22 of the amendment, strike all of subsection (b)

      On page 8, beginning on line 23 of the amendment, after "kindergarten" strike all material through "However," on line 25, and insert ": PROVIDED, That"

      On page 9, beginning on line 20 of the amendment, after "enrolled" strike all material through "28A.150.220))" on line 23, and insert ", 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.150.220"

      Beginning on page 16, line 27 of the amendment, strike all of section 107 and insert the following:

      "NEW SECTION. Sec. 107. (1) The legislature finds that a critical factor in a child's success in school is that the child begin school ready to learn. The legislature further finds that due to a variety of factors, disadvantaged children are at risk of not being sufficiently ready to begin school. Therefore, the legislature intends to review all-day kindergarten and early learning programs to determine whether these programs provide evidence that they are beneficial for at-risk students and whether the programs should be included in the definition of basic education.

      (2) By December 1, 2010, the state board of education shall report to the legislative education and fiscal committees on the following:

       (a) A review of the school and student performance in school districts that have state-funded all-day kindergarten programs, whether there is evidence that the programs have improved student's academic achievement, and whether all-day kindergarten should be included in the definition of basic education;

      (b) A review of early childhood programs for disadvantaged children who are at risk of not being ready to be successful in school, whether there is evidence that the programs have improved student readiness and academic achievement, whether early learning should be included in the definition of basic education; and

      (c) Recommendations for a targeted assistance program for students who are ages birth to five who are at risk of being unsuccessful academically in school."

      Beginning on page 27, line 28 of the amendment, strike all of section 115

      On page 65, line 3 of the title amendment, after "28A.150.260," strike "28A.150.315,"

      Senator Pflug spoke in favor of adoption of the amendment to the striking amendment.

      Senator McDermott spoke against adoption of the amendment to the striking amendment.

 

The President declared the question before the Senate to be the adoption of the amendment by Senator Pflug on page 7, line 5 to the striking amendment to Engrossed Substitute House Bill No. 2261.

The motion by Senator Pflug failed and the amendment to the striking amendment was not adopted by voice vote.

 

MOTION

 

Senator Pflug moved that the following amendment by Senator Pflug to the striking amendment be adopted.

      On page 22, line 26 of the amendment, after "the" strike "quality education council" and insert "steering committee"

      On page 24, at the beginning of line 12 of the amendment, strike "quality education council" and insert "steering committee"

      On page 24, line 26 of the amendment, after "the" strike "quality education council" and insert "steering committee"

      Beginning on page 25, line 27 of the amendment, strike all of section 114 and insert the following:

      "NEW SECTION. Sec. 114. A new section is added to chapter 28A.150 RCW to read as follows:


      (1) The basic education steering committee is established to monitor and oversee implementation of the new definition of basic education. The steering committee shall be composed of the following members:

      (a) Four members of the house of representatives, with two members representing each of the major caucuses and appointed by the speaker of the house of representatives;

      (b) Four members of the senate, with two members representing each of the major caucuses and appointed by the president of the senate; and

      (c) One representative each from the office of the governor, office of the superintendent of public instruction, state board of education, workforce training and education coordinating board, department of early learning, and the office of financial management.

      (2) The chair or cochairs of the steering committee shall be selected by the members of the committee.

      (3) The steering committee shall:

       (a) Develop the details of the funding formulas under RCW 28A.150.260;

      (b) Recommend an implementation schedule for phasing-in any increased program or instructional requirements concurrently with increases in funding for adoption by the legislature;

      (c) Examine possible sources of revenue to support increases in funding allocations and present options to the legislature for consideration;

      (d) Recommend options for a compensation system that provides support for effective teaching and recruitment and retention of high quality staff, including:

      (i) A plan to equalize school employee salaries across the state;

      (ii) Cost-of-living adjustments;

      (iii) A state salary schedule for superintendents that is capped at a maximum salary and limits the amount of local funds that can be used for the salaries;

      (iv) Individual or building-based bonuses based on employee performance. The bonus criteria may consider measures of improvement in student achievement, attendance, and dropout and graduation rates, and other factors; and

      (v) Merit pools to balance longevity with productivity and value added.

      (e) Develop options for a new system of supplemental school funding through local school levies and local effort assistance and recommend a phase-in plan that reduces reliance on local school levies concurrently with increased state funding and assures that no district suffers a decrease in overall funding from one school year to the next due to implementation of the new systems.

      (4) The steering committee may request updates and progress reports from the office of the superintendent of public instruction, the state board of education, the professional educator standards board, and the department of early learning on the implementation of this act. The steering committee shall also monitor and request updates and progress reports from groups or agencies developing comprehensive education data systems.

      (5) The steering committee shall submit an initial report to the governor and the legislature by January 1, 2010, detailing its recommendations, including recommendations for resolving issues or decisions requiring legislative action during the 2010 legislative session, and recommendations for any funding necessary to continue development and implementation of this act. The initial report from the steering committee shall also contain a recommended schedule for the concurrent phase-in of any changes in the instructional program of basic education and the implementation of the funding formulas and allocations to support the instructional program of basic education. The objective of the schedule is to assure that increases in funding allocations occur concurrently with increases in program and instructional requirements.

      (6) The steering committee shall submit subsequent reports to the governor and the legislature by November 15, 2010, and annually thereafter, ending November 15, 2016.

      (7) Staff support for the basic education steering committee shall be provided by the state agencies with representatives on the committee, the senate committee services, and the office of program research of the house of representatives. Legislative members of the steering committee shall be reimbursed for travel expenses in accordance with RCW 44.04.120. If funding is specifically provided, the committee may contract for services to complete the tasks assigned under this section.

      (8) This section expires June 30, 2017."

      On page 28, line 29 of the amendment, after "by the" strike "quality education council" and insert "steering committee"

 

      On page 38, line 17 of the amendment, after "and by the" strike "quality education council" and insert "steering committee"

      On page 58, line 37 of the amendment, after "and the" strike "quality education council" and insert "steering committee"

      On page 64, beginning on line 13 of the amendment, strike all of section 803

      Renumber the remaining sections consecutively.

      On page 65, line 13 of the title amendment, after "28A.305 RCW;" strike "adding a new chapter to Title 28A RCW;"

      On page 65, line 15 of the title amendment, after "dates;" insert "providing an expiration date;"

      Senator Pflug spoke in favor of adoption of the amendment to the striking amendment.

      Senator Jarrett spoke against adoption of the amendment to the striking amendment.

 

The President declared the question before the Senate to be the adoption of the amendment by Senator Pflug on page 22, line 26 to the striking amendment to Engrossed Substitute House Bill No. 2261.

The motion by Senator Pflug failed and the amendment to the striking amendment was not adopted by voice vote.

 

MOTION

 

Senator Holmquist moved that the following amendment by Senators Holmquist and King to the striking amendment be adopted.

      On page 64, after line 22 of the amendment, insert the following:

      "NEW SECTION. Sec. 807. If specific funding for the purposes of this act, referencing this act by bill or chapter number, is not provided by June 30, 2009, in the omnibus appropriations act, this act is null and void."

      Renumber the remaining section consecutively.

      Senators Holmquist, Schoesler, Pflug and Hewitt spoke in favor of adoption of the amendment to the striking amendment.

      Senators McAuliffe and Jarrett spoke against adoption of the amendment to the striking amendment.

      Senator Schoesler demanded a roll call.

      The President declared that one-sixth of the members supported the demand and the demand was sustained.


The President declared the question before the Senate to be the adoption of the amendment by Senators Holmquist and King on page 64, after line 22 to the striking amendment to Engrossed Substitute House Bill No. 2261.

 

ROLL CALL

 

      The Secretary called the roll on the adoption of the amendment by Senators Holmquist and King to the striking amendment and the amendment was not adopted by the following vote: Yeas, 19; Nays, 30; Absent, 0; Excused, 0.

      Voting yea: Senators Becker, Benton, Brandland, Carrell, Delvin, Hewitt, Holmquist, Honeyford, King, McCaslin, Morton, Parlette, Pflug, Roach, Schoesler, Sheldon, Stevens, Swecker and Zarelli

      Voting nay: Senators Berkey, Brown, Eide, Fairley, Franklin, Fraser, Hargrove, Hatfield, Haugen, Hobbs, Jacobsen, Jarrett, Kastama, Kauffman, Keiser, Kilmer, Kline, Kohl-Welles, Marr, McAuliffe, McDermott, Murray, Oemig, Prentice, Pridemore, Ranker, Regala, Rockefeller, Shin and Tom

 

MOTION

 

      Senator Eide moved to table the amendment by Senator Benton.

 

      A division was called.

 

      The President declared the question before the Senate to be the motion by Senator Eide to table the amendment.

      The motion by Senator Eide carried on a rising vote.

 

      The President declared the question before the Senate to be the adoption of the striking amendment by Senator McAuliffe and others as amended to Engrossed Substitute House Bill No. 2261.

      The motion by Senator McAuliffe carried and the striking amendment as amended was adopted by voice vote.

 

MOTION

 

      There being no objection, the following title amendments were adopted:

      On page 1, line 1 of the title, after "education;" strike the remainder of the title and insert "amending RCW 28A.150.200, 28A.150.210, 28A.150.220, 28A.150.250, 28A.150.260, 28A.150.315, 28A.150.390, 28A.150.380, 28A.230.090, 43.41.400, 28A.195.010, 28A.160.150, 28A.160.160, 28A.160.170, 28A.160.180, 28A.160.190, 28A.415.360, 28A.305.130, 28A.165.005, 28A.165.015, 28A.165.055, 28A.180.010, 28A.180.080, 28A.225.200, 28A.185.010, and 28A.185.020; adding new sections to chapter 28A.150 RCW; adding a new section to chapter 28A.300 RCW; adding a new section to chapter 28A.655 RCW; adding new sections to chapter 43.41 RCW; adding a new section to chapter 28A.500 RCW; adding new sections to chapter 28A.160 RCW; adding a new section to chapter 28A.410 RCW; adding a new section to chapter 28A.305 RCW; adding a new chapter to Title 28A RCW; creating new sections; repealing RCW 28A.150.030, 28A.150.060, 28A.150.100, 28A.150.040, 28A.150.370, and 28A.155.180; providing effective dates; and declaring an emergency."

      On page 65, line 4 of the title amendment, after "28A.230.090," insert "28A.500.010,"

      On page 65, beginning on line 10 of the title amendment, after "43.41 RCW;" strike all material through "28A.500 RCW;" on line 11

 

 

MOTION

 

      On motion of Senator McAuliffe, the rules were suspended, Engrossed Substitute House Bill No. 2261 as amended by the Senate was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

      Senator Benton spoke against passage of the bill.

 

POINT OF ORDER

 

Senator Marr: “Mr. President, is the speaker speaking to the bill?”

 

REPLY BY THE PRESIDENT

 

President Owen: “Senator Benton.”

 

      Senators McAuliffe, Haugen, Franklin, Kohl-Welles, Shin, Jarrett and Ranker spoke in favor of passage of the bill.

      Senators Schoesler, Marr, Becker, Jacobsen, King, Pflug, Swecker and Brandland spoke against passage of the bill.

      Senator Sheldon spoke on final passage of the bill.

 

MOTION

 

On motion of Senator Brandland, Senators Delvin and Roach were excused.

 

      The President declared the question before the Senate to be the final passage of Engrossed Substitute House Bill No. 2261 as amended by the Senate.

 

ROLL CALL

 

      The Secretary called the roll on the final passage of Engrossed Substitute House Bill No. 2261 as amended by the Senate and the bill passed the Senate by the following vote: Yeas, 26; Nays, 23; Absent, 0; Excused, 0.

      Voting yea: Senators Berkey, Brown, Eide, Fairley, Franklin, Fraser, Hargrove, Hatfield, Haugen, Hobbs, Jarrett, Kastama, Keiser, Kline, Kohl-Welles, McAuliffe, McDermott, Murray, Oemig, Prentice, Ranker, Regala, Roach, Rockefeller, Shin and Tom

      Voting nay: Senators Becker, Benton, Brandland, Carrell, Delvin, Hewitt, Holmquist, Honeyford, Jacobsen, Kauffman, Kilmer, King, Marr, McCaslin, Morton, Parlette, Pflug, Pridemore, Schoesler, Sheldon, Stevens, Swecker and Zarelli

      ENGROSSED SUBSTITUTE HOUSE BILL NO. 2261 as amended by the Senate, having received the constitutional majority, was declared passed. There being no objection, the title of the bill was ordered to stand as the title of the act.

 

MOTION

 

On motion of Senator Eide, Engrossed Substitute House Bill No. 2261 was immediately transmitted to the House of Representatives.

 

PERSONAL PRIVILEGE

 

Senator Brown: “Thank you Mr. President. I’d like to point out that an incredible amount of work went into the legislation that just passed including the members of the Basic Education Task Force that served all during the interim chaired by Dan Grimm and including former Superintendent Bergeson, several members of the public including a couple of great superintendents and several members of the legislature. Roxanne Leib of the Institute for Public Policy and amazing staff work as well from both the House and the Senate, Heather and Mary, thank you so much for the incredible work you did. There was quite an amazing group of bipartisan House and Senate members that came together and met frequently outside of the task force to hash through the details of how to make progress. This is like any piece of major legislation. There were steps forward and steps backward and tons of frustration also through the legislative process but amazing amount of work went into collaboration and pulling it back together again. In particular there were members of our caucus who, not even appointed to the task force, and yet showed up almost every single time. I think more than I did. Senator Oemig and Senator McAuliffe were not members of the task force and yet they attended religiously and faithfully and put a lot of work into this. So, Mr. President, I just wanted to acknowledge, as we all know with any piece of legislation, incredible work on part of the public and staff and members and a special word for me to some folks back home in Spokane who inspired me every step of the way and, of course that is the Spokane Library Moms, Lisa, Susan and Denett have done an amazing job and made national coverage with the work that they’ve done to keep librarians and important work of school libraries on the map. So thanks to everyone who participated in this effort.”

 

MOTION

 

At 3:48 p.m., on motion of Senator Eide, the Senate was declared to be at ease subject to the call of the President.

 

The Senate was called to order at 4:36 p.m. by President Owen.

 

SECOND READING

 

      SUBSTITUTE HOUSE BILL NO. 1555, by House Committee on Commerce & Labor (originally sponsored by Representatives Conway, Chase, Green, Dickerson, Rolfes, Goodman, Campbell, Morrell, Cody, Simpson, Ormsby, Van De Wege, Seaquist, Appleton, Miloscia, Hunt, Blake, Williams, Hudgins, Kenney, Sullivan, Priest, Eddy and Wood)

 

      Addressing the recommendations of the joint legislative task force on the underground economy in the construction industry.

 

      The measure was read the second time.

 

MOTION

 

      Senator Kohl-Welles moved that the following committee striking amendment by the Committee on Ways & Means be adopted.

      Strike everything after the enacting clause and insert the following:

      "NEW SECTION. Sec. 1. A new section is added to chapter 18.27 RCW to read as follows:

      A contractor must maintain and have available for inspection by the department a list of all direct subcontractors and a copy of their certificate of registration.

      NEW SECTION. Sec. 2. A new section is added to chapter 35.21 RCW to read as follows:

      A city that issues a business license to a person required to be registered under chapter 18.27 RCW may verify that the person is registered under chapter 18.27 RCW and report violations to the department of labor and industries. The department of licensing shall conduct the verification for cities that participate in the master license system.

      NEW SECTION. Sec. 3. A new section is added to chapter 35A.21 RCW to read as follows:

      A city that issues a business license to a person required to be registered under chapter 18.27 RCW may verify that the person is registered under chapter 18.27 RCW and report violations to the department of labor and industries. The department of licensing shall conduct the verification for cities that participate in the master license system.

      NEW SECTION. Sec. 4. A new section is added to chapter 36.01 RCW to read as follows:

      A county that issues a business license to a person required to be registered under chapter 18.27 RCW may verify that the person is registered under chapter 18.27 RCW and report violations to the department of labor and industries.

      Sec. 5. RCW 60.28.011 and 2007 c 494 s 504 and 2007 c 218 s 92 are each reenacted and amended to read as follows:

      (1) Public improvement contracts shall provide, and public bodies shall reserve, a contract retainage not to exceed five percent of the moneys earned by the contractor as a trust fund for the protection and payment of: (a) The claims of any person arising under the contract; and (b) the state with respect to taxes imposed pursuant to Titles 50, 51, and 82 RCW which may be due from such contractor.

      (2) Every person performing labor or furnishing supplies toward the completion of a public improvement contract shall have a lien upon moneys reserved by a public body under the provisions of a public improvement contract. However, the notice of the lien of the claimant shall be given within forty-five days of completion of the contract work, and in the manner provided in RCW 39.08.030.

      (3) The contractor at any time may request the contract retainage be reduced to one hundred percent of the value of the work remaining on the project.

      (a) After completion of all contract work other than landscaping, the contractor may request that the public body release and pay in full the amounts retained during the performance of the contract, and sixty days thereafter the public body must release and pay in full the amounts retained (other than continuing retention of five percent of the moneys earned for landscaping) subject to the provisions of chapters 39.12 and 60.28 RCW.

      (b) Sixty days after completion of all contract work the public body must release and pay in full the amounts retained during the performance of the contract subject to the provisions of chapters 39.12 and 60.28 RCW.

      (4) The moneys reserved by a public body under the provisions of a public improvement contract, at the option of the contractor, shall be:

      (a) Retained in a fund by the public body;

      (b) Deposited by the public body in an interest bearing account in a bank, mutual savings bank, or savings and loan association. Interest on moneys reserved by a public body under the provision of a public improvement contract shall be paid to the contractor;

      (c) Placed in escrow with a bank or trust company by the public body. When the moneys reserved are placed in escrow, the public body shall issue a check representing the sum of the moneys reserved payable to the bank or trust company and the contractor jointly. This check shall be converted into bonds and securities chosen by the contractor and approved by the public body and the bonds and securities shall be held in escrow. Interest on the bonds and securities shall be paid to the contractor as the interest accrues.


      (5) The contractor or subcontractor may withhold payment of not more than five percent from the moneys earned by any subcontractor or sub-subcontractor or supplier contracted with by the contractor to provide labor, materials, or equipment to the public project. Whenever the contractor or subcontractor reserves funds earned by a subcontractor or sub-subcontractor or supplier, the contractor or subcontractor shall pay interest to the subcontractor or sub-subcontractor or supplier at a rate equal to that received by the contractor or subcontractor from reserved funds.

      (6) A contractor may submit a bond for all or any portion of the contract retainage in a form acceptable to the public body and from a bonding company meeting standards established by the public body. The public body shall accept a bond meeting these requirements unless the public body can demonstrate good cause for refusing to accept it. This bond and any proceeds therefrom are subject to all claims and liens and in the same manner and priority as set forth for retained percentages in this chapter. The public body shall release the bonded portion of the retained funds to the contractor within thirty days of accepting the bond from the contractor. Whenever a public body accepts a bond in lieu of retained funds from a contractor, the contractor shall accept like bonds from any subcontractors or suppliers from which the contractor has retained funds. The contractor shall then release the funds retained from the subcontractor or supplier to the subcontractor or supplier within thirty days of accepting the bond from the subcontractor or supplier.

      (7) If the public body administering a contract, after a substantial portion of the work has been completed, finds that an unreasonable delay will occur in the completion of the remaining portion of the contract for any reason not the result of a breach thereof, it may, if the contractor agrees, delete from the contract the remaining work and accept as final the improvement at the stage of completion then attained and make payment in proportion to the amount of the work accomplished and in this case any amounts retained and accumulated under this section shall be held for a period of sixty days following the completion. In the event that the work is terminated before final completion as provided in this section, the public body may thereafter enter into a new contract with the same contractor to perform the remaining work or improvement for an amount equal to or less than the cost of the remaining work as was provided for in the original contract without advertisement or bid. The provisions of this chapter are exclusive and shall supersede all provisions and regulations in conflict herewith.

      (8) Whenever the department of transportation has contracted for the construction of two or more ferry vessels, sixty days after completion of all contract work on each ferry vessel, the department must release and pay in full the amounts retained in connection with the construction of the vessel subject to the provisions of RCW 60.28.020 and chapter 39.12 RCW. However, the department of transportation may at its discretion condition the release of funds retained in connection with the completed ferry upon the contractor delivering a good and sufficient bond with two or more sureties, or with a surety company, in the amount of the retained funds to be released to the contractor, conditioned that no taxes shall be certified or claims filed for work on the ferry after a period of sixty days following completion of the ferry; and if taxes are certified or claims filed, recovery may be had on the bond by the department of revenue, the employment security department, the department of labor and industries, and the material suppliers and laborers filing claims.

      (9) Except as provided in subsection (1) of this section, reservation by a public body for any purpose from the moneys earned by a contractor by fulfilling its responsibilities under public improvement contracts is prohibited.

      (10) Contracts on projects funded in whole or in part by farmers home administration and subject to farmers home administration regulations are not subject to subsections (1) through (9) of this section.

       (11) This subsection applies only to a public body that has contracted for the construction of a facility using the general contractor/construction manager procedure, as defined under RCW 39.10.210. If the work performed by a subcontractor on the project has been completed within the first half of the time provided in the general contractor/construction manager contract for completing the work, the public body may accept the completion of the subcontract. The public body must give public notice of this acceptance. After a forty-five day period for giving notice of liens, and compliance with the retainage release procedures in RCW 60.28.021, the public body may release that portion of the retained funds associated with the subcontract. Claims against the retained funds after the forty-five day period are not valid.

      (12) Unless the context clearly requires otherwise, the definitions in this subsection apply throughout this section.

      (a) "Contract retainage" means an amount reserved by a public body from the moneys earned by a person under a public improvement contract.

      (b) "Person" means a person or persons, mechanic, subcontractor, or materialperson who performs labor or provides materials for a public improvement contract, and any other person who supplies the person with provisions or supplies for the carrying on of a public improvement contract.

      (c) "Public body" means the state, or a county, city, town, district, board, or other public body.

      (d) "Public improvement contract" means a contract for public improvements or work, other than for professional services, or a work order as defined in RCW 39.10.210.

      Sec. 6. RCW 60.28.021 and 2007 c 218 s 94 are each amended to read as follows:

      After the expiration of the forty-five day period for giving notice of lien provided in RCW 60.28.011(2), and after receipt of the ((department of revenue's)) certificates of the department of revenue, the employment security department, and the department of labor and industries, and the public body is satisfied that the taxes certified as due or to become due by the department of revenue, the employment security department, and the department of labor and industries are discharged, and the