BILL REQ. #: H-2394.1
| State of Washington | 59th Legislature | 2005 Regular Session |
READ FIRST TIME 03/07/05.
AN ACT Relating to the powers, duties, and membership of the state board of education and the Washington professional educator standards board and the elimination of the academic achievement and accountability commission; amending RCW 28A.305.130, 28A.410.210, 28A.410.200, 28A.410.010, 28A.410.040, 28A.410.050, 28A.410.060, 28A.410.100, 28A.410.120, 28A.415.023, 28A.415.060, 28A.415.205, 28A.150.060, 28A.170.080, 28A.205.010, 28A.205.050, 28A.405.210, 28B.10.140, 18.118.010, 18.120.010, 28A.300.020, 28A.310.110, and 28A.315.085; adding a new section to chapter 28A.305 RCW; adding a new section to chapter 28A.410 RCW; creating new sections; repealing RCW 28A.305.010, 28A.305.020, 28A.305.030, 28A.305.040, 28A.305.050, 28A.305.060, 28A.305.070, 28A.305.080, 28A.305.090, 28A.305.100, 28A.305.110, 28A.305.120, 28A.305.200, 28A.660.901, 28A.655.020, 28A.655.030, and 28A.655.900; providing effective dates; and declaring an emergency.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
NEW SECTION. Sec. 101 A new section is added to chapter 28A.305
RCW to read as follows:
(1) The board shall be composed of ten members selected as follows:
(a) One member shall be the superintendent of public instruction or
the superintendent's designee; and
(b) Nine members shall be appointed by the governor. Four of the
individuals shall be selected by the governor as follows: Each major
caucus of the house of representatives and the senate shall submit a
list of three names. The lists may not include the names of members of
the legislature. The governor shall select a member from each list
provided by each caucus. One individual, selected from a list of at
least three names provided by the Washington federation of independent
schools, shall represent private schools.
(2) Initial appointments shall be to terms from one to four years
in length, with the terms expiring on June 30th of the applicable year.
As the terms of the first appointees expire or vacancies on the board
occur, the governor shall appoint or reappoint members of the board to
complete the initial terms or to four-year terms, as appropriate.
(a) Appointees must be individuals who have demonstrated interest
in public schools and are supportive of educational improvement, have
a positive record of service, and will devote sufficient time to the
responsibilities of the board.
(b) In appointing board members, the governor shall consider the
diversity of the population of the state.
(c) All appointments to the board made by the governor are subject
to confirmation by the senate.
(d) No person may serve as a member of the board, except the
superintendent of public instruction, for more than two consecutive
full four-year terms.
(3) The governor may remove a member of the board for neglect of
duty, misconduct, malfeasance, or misfeasance in office, or for
incompetent or unprofessional conduct as defined in chapter 18.130 RCW.
In such a case, the governor shall file with the secretary of state a
statement of the causes for and the order of removal from office, and
the secretary of state shall send a certified copy of the statement of
causes and order of removal to the last known post office address of
the member.
(4) The chair of the board shall be elected by a majority vote of
the members of the board. The chair of the board shall serve a term of
two years, and the chair may serve more than one term if elected to do
so by a majority vote of the members of the board.
(5) Five members of the board constitute a quorum for the
transaction of business.
(6) All members are voting members. The individual representing
private schools shall vote only on matters pertaining to private
schools and private school students.
(7) The governor shall fill any vacancy in appointments that may
occur. When filling a vacancy of a member nominated by a major caucus
of the legislature, the governor shall select the new member from a
list of three names submitted by the same caucus that provided the list
from which the retiring member was appointed.
(8) Members of the board appointed by the governor who are not
public employees shall be compensated in accordance with RCW 43.03.240
and shall be reimbursed for travel expenses incurred in carrying out
the duties of the board in accordance with RCW 43.03.050 and 43.03.060.
Sec. 102 RCW 28A.305.130 and 2002 c 205 s 3 are each amended to
read as follows:
In addition to any other powers and duties as provided by law, the
state board of education shall:
(1) ((Approve or disapprove the program of courses leading to
teacher, school administrator, and school specialized personnel
certification offered by all institutions of higher education within
the state which may be accredited and whose graduates may become
entitled to receive such certification.)) Hold regularly scheduled meetings and special meetings at
such times and places within the state as the board shall determine.
(2) Conduct every five years a review of the program approval
standards, including the minimum standards for teachers,
administrators, and educational staff associates, to reflect research
findings and assure continued improvement of preparation programs for
teachers, administrators, and educational staff associates.
(3) Investigate the character of the work required to be performed
as a condition of entrance to and graduation from any institution of
higher education in this state relative to such certification as
provided for in subsection (1) of this section, and prepare a list of
accredited institutions of higher education of this and other states
whose graduates may be awarded such certificates.
(4)(a) The state board of education shall adopt rules to allow a
teacher certification candidate to fulfill, in part, teacher
preparation program requirements through work experience as a
classified teacher's aide in a public school or private school meeting
the requirements of RCW 28A.195.010. The rules shall include, but are
not limited to, limitations based upon the recency of the teacher
preparation candidate's teacher aide work experience, and limitations
based on the amount of work experience that may apply toward teacher
preparation program requirements under this chapter.
(b) The state board of education shall require that at the time of
the individual's enrollment in a teacher preparation program, the
supervising teacher and the building principal shall jointly provide to
the teacher preparation program of the higher education institution at
which the teacher candidate is enrolled, a written assessment of the
performance of the teacher candidate. The assessment shall contain
such information as determined by the state board of education and
shall include: Evidence that at least fifty percent of the candidate's
work as a classified teacher's aide was involved in instructional
activities with children under the supervision of a certificated
teacher and that the candidate worked a minimum of six hundred thirty
hours for one school year; the type of work performed by the candidate;
and a recommendation of whether the candidate's work experience as a
classified teacher's aide should be substituted for teacher preparation
program requirements. In compliance with such rules as may be
established by the state board of education under this section, the
teacher preparation programs of the higher education institution where
the candidate is enrolled shall make the final determination as to what
teacher preparation program requirements may be fulfilled by teacher
aide work experience.
(5) Supervise the issuance of such certificates as provided for in
subsection (1) of this section and specify the types and kinds of
certificates necessary for the several departments of the common
schools by rule or regulation in accordance with RCW 28A.410.010.
(6)
(2) Form committees as necessary.
(3) Seek advice from the public on the board's work.
(4) Accredit, subject to such accreditation standards and
procedures as may be established by the state board of education, all
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 public or 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: PROVIDED FURTHER, That the state board may elect to require
all or certain classifications of the public schools to conduct and
participate in such preaccreditation examination and evaluation
processes as may now or hereafter be established by the board.
(((7))) (5) Make rules and regulations governing the establishment
in any existing nonhigh school district of any secondary program or any
new grades in grades nine through twelve. Before any such program or
any new grades are established the district must obtain prior approval
of the state board.
(((8))) (6) Prepare such outline of study for the common schools as
the board shall deem necessary, and in conformance with legislative
requirements, and prescribe such rules for the general government of
the common schools, as shall seek to secure regularity of attendance,
prevent truancy, secure efficiency, and promote the true interest of
the common schools.
(((9))) (7) Continuously reevaluate courses and other requirements
and adopt and enforce regulations within the common schools so as to
meet the educational needs of students ((and)).
(8) Evaluate course of study requirements and articulate with the
institutions of higher education, work force representatives, and early
learning policymakers and providers to coordinate and unify the work of
the public school system.
(((10))) (9) Carry out board powers and duties relating to the
organization and reorganization of school districts ((under RCW
28A.315.010 through 28A.315.680 and 28A.315.900)).
(((11))) (10) Hear and decide appeals as otherwise provided by law.
((The state board of education is given the authority to)) (11)
Promulgate information and rules dealing with the prevention of child
abuse for purposes of curriculum use in the common schools.
(12) 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 executive director,
administrative assistant, and 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.
(13) Adopt a seal that shall be kept in the office of the
superintendent of public instruction.
Sec. 201 RCW 28A.410.210 and 2000 c 39 s 103 are each amended to
read as follows:
The Washington professional educator standards board shall:
(1) Establish policies and practices for the approval of programs
of courses, requirements, and other activities leading to educator
certification including teacher, school administrator, and educational
staff associate certification;
(2) Establish policies and practices for the approval of the
character of work required to be performed as a condition of entrance
to and graduation from any educator preparation program including
teacher, school administrator, and educational staff associate
preparation program as provided in subsection (1) of this section;
(3) Establish a list of accredited institutions of higher education
of this and other states whose graduates may be awarded educator
certificates as teacher, school administrator, and educational staff
associate and establish criteria and enter into agreements with other
states to acquire reciprocal approval of educator preparation programs
and certification, including teacher certification from the national
board for professional teaching standards;
(4) Establish policies for approval of nontraditional educator
preparation programs;
(5) Conduct a review of educator program approval standards at
least every five years, beginning in 2006, to reflect research findings
and assure continued improvement of preparation programs for teachers,
administrators, and school specialized personnel;
(6) Specify the types and kinds of educator certificates to be
issued and conditions for certification in accordance with subsection
(1) of this section and RCW 28A.410.010 and supervise the issuance of
such certificates;
(7) Establish prospective educator assessment systems as necessary,
including the prospective teacher assessment system for basic skills
and subject knowledge that shall be required to obtain residency
certification pursuant to RCW 28A.410.220 through 28A.410.240;
(8) Hear and determine educator certification appeals as provided
by RCW 28A.410.100;
(9) Apply for and receive federal or other funds on behalf of the
state for purposes related to the duties of the board;
(10) Adopt rules under chapter 34.05 RCW that are necessary for the
effective and efficient implementation of this chapter;
(11) Submit annual reports and recommendations to the governor, the
education and fiscal committees of the legislature, and the
superintendent of public instruction concerning the duties and
activities of the board;
(12) Maintain data concerning educator preparation programs and
their quality, educator certification, educator employment trends and
needs, and other data deemed relevant by the board;
(13) Serve as an advisory body to the superintendent of public
instruction ((and as the sole advisory body to the state board of
education)) on issues related to educator recruitment, hiring,
((preparation, certification including high quality alternative routes
to certification,)) mentoring and support, professional growth,
retention, governance, ((prospective teacher pedagogy assessment,
prospective principal assessment,)) and educator evaluation including
but not limited to peer evaluation((, and revocation and suspension of
licensure;)).
(2) Submit annual reports and recommendations, beginning December
1, 2000, to the governor, the education and fiscal committees of the
legislature, the state board of education, and the superintendent of
public instruction concerning duties and activities within the board's
advisory capacity. The Washington professional educator standards
board shall submit a separate report by December 1, 2000, to the
governor, the education and fiscal committees of the legislature, the
state board of education, and the superintendent of public instruction
providing recommendations for at least two high quality alternative
routes to teacher certification. In its deliberations, the board shall
consider at least one route that permits persons with substantial
subject matter expertise to achieve residency certification through an
on-the-job training program provided by a school district; and
(3) Establish the prospective teacher assessment system for basic
skills and subject knowledge that shall be required to obtain residency
certification pursuant to RCW 28A.410.220 through 28A.410.240
Sec. 202 RCW 28A.410.200 and 2003 1st sp.s. c 22 s 1 are each
amended to read as follows:
(1)(a) The Washington professional educator standards board is
created, consisting of twenty members to be appointed by the governor
to four-year terms and the superintendent of public instruction((, who
shall be an ex officio, nonvoting member)).
(b) As the four-year terms of the first appointees expire or
vacancies to the board occur for the first time, the governor shall
appoint or reappoint the members of the board to one-year to four-year
staggered terms. Once the one-year to three-year terms expire, all
subsequent terms shall be for four years, with the terms expiring on
June 30th of the applicable year. The terms shall be staggered in such
a way that, where possible, the terms of members representing a
specific group do not expire simultaneously.
(c) No person may serve as a member of the board for more than two
consecutive full four-year terms.
(d) The governor shall annually appoint the chair of the board from
among the teachers and principals on the board. No board member may
serve as chair for more than two consecutive years.
(2) Seven of the members shall be public school teachers, one shall
be a private school teacher, three shall represent higher education
educator preparation programs, four shall be school administrators, two
shall be educational staff associates, one shall be a classified
employee who assists in public school student instruction, one shall be
a parent, and one shall be a member of the public.
(3) Public school teachers appointed to the board must:
(a) Have at least three years of teaching experience in a
Washington public school;
(b) Be currently certificated and actively employed in a teaching
position; and
(c) Include one teacher currently teaching at the elementary school
level, one at the middle school level, one at the high school level,
and one vocationally certificated.
(4) Private school teachers appointed to the board must:
(a) Have at least three years of teaching experience in a
Washington approved private school; and
(b) Be currently certificated and actively employed in a teaching
position in an approved private school.
(5) Appointees from higher education educator preparation programs
must include two representatives from institutions of higher education
as defined in RCW 28B.10.016 and one representative from an institution
of higher education as defined in RCW 28B.07.020(4).
(6) School administrators appointed to the board must:
(a) Have at least three years of administrative experience in a
Washington public school district;
(b) Be currently certificated and actively employed in a school
administrator position; and
(c) Include two public school principals, one Washington approved
private school principal, and one superintendent.
(7) Educational staff associates appointed to the board must:
(a) Have at least three years of educational staff associate
experience in a Washington public school district; and
(b) Be currently certificated and actively employed in an
educational staff associate position.
(8) Public school classified employees appointed to the board must:
(a) Have at least three years of experience in assisting in the
instruction of students in a Washington public school; and
(b) Be currently employed in a position that requires the employee
to assist in the instruction of students.
(9) Each major caucus of the house of representatives and the
senate shall submit a list of at least one public school teacher. In
making the public school teacher appointments, the governor shall
select one nominee from each list provided by each caucus. The
governor shall appoint the remaining members of the board from a list
of qualified nominees submitted to the governor by organizations
representative of the constituencies of the board, from applications
from other qualified individuals, or from both nominees and applicants.
(10) All appointments to the board made by the governor shall be
subject to confirmation by the senate.
(11) The governor shall appoint the members of the initial board no
later than June 1, 2000.
(12) In appointing board members, the governor shall consider the
diversity of the population of the state.
(13) Each member of the board shall be compensated in accordance
with RCW 43.03.240 and shall be reimbursed for travel expenses incurred
in carrying out the duties of the board in accordance with RCW
43.03.050 and 43.03.060.
(14) The governor may remove a member of the board for neglect of
duty, misconduct, malfeasance or misfeasance in office, or for
incompetency or unprofessional conduct as defined in chapter 18.130
RCW. In such a case, the governor shall file with the secretary of
state a statement of the causes for and the order of removal from
office, and the secretary of state shall send a certified copy of the
statement of causes and order of removal to the last known post office
address of the member.
(15) If a vacancy occurs on the board, the governor shall appoint
a replacement member from the nominees as specified in subsection (9)
of this section to fill the remainder of the unexpired term. When
filling a vacancy of a member nominated by a major caucus of the
legislature, the governor shall select the new member from a list of at
least one name submitted by the same caucus that provided the list from
which the retiring member was appointed.
(16) Members of the board shall hire an executive director and an
administrative assistant to reside in the office of the superintendent
of public instruction for administrative purposes only.
Sec. 203 RCW 28A.410.010 and 2001 c 263 s 1 are each amended to
read as follows:
The ((state board of education)) Washington professional educator
standards board shall establish, publish, and enforce rules ((and
regulations)) determining eligibility for and certification of
personnel employed in the common schools of this state, including
certification for emergency or temporary, substitute or provisional
duty and under such certificates or permits as the board shall deem
proper or as otherwise prescribed by law. The rules shall require that
the initial application for certification shall require a record check
of the applicant through the Washington state patrol criminal
identification system and through the federal bureau of investigation
at the applicant's expense. The record check shall include a
fingerprint check using a complete Washington state criminal
identification fingerprint card. The superintendent of public
instruction may waive the record check for any applicant who has had a
record check within the two years before application. The rules shall
permit a holder of a lapsed certificate but not a revoked or suspended
certificate to be employed on a conditional basis by a school district
with the requirement that the holder must complete any certificate
renewal requirements established by the state board of education within
two years of initial reemployment.
In establishing rules pertaining to the qualifications of
instructors of American sign language the ((state)) board shall consult
with the national association of the deaf, "sign instructors guidance
network" (s.i.g.n.), and the Washington state association of the deaf
for evaluation and certification of sign language instructors.
The superintendent of public instruction shall act as the
administrator of any such rules ((and regulations)) and have the power
to issue any certificates or permits and revoke the same in accordance
with board rules ((and regulations)).
Sec. 204 RCW 28A.410.040 and 1992 c 141 s 101 are each amended to
read as follows:
The ((state board of education)) Washington professional educator
standards board shall adopt rules providing that, except as provided in
this section, all individuals qualifying for an initial-level teaching
certificate after August 31, 1992, shall possess a baccalaureate degree
in the arts, sciences, and/28A.305.130
(1) and (2))) 28A.410.210. However, candidates for grades preschool
through eight certificates shall have fulfilled the requirements for a
major as part of their baccalaureate degree. If the major is in early
childhood education, elementary education, or special education, the
candidate must have at least thirty quarter hours or twenty semester
hours in one academic field.
Sec. 205 RCW 28A.410.050 and 1992 c 141 s 102 are each amended to
read as follows:
The ((state board of education)) Washington professional educator
standards board shall develop and adopt rules establishing
baccalaureate and masters degree equivalency standards for vocational
instructors performing instructional duties and acquiring certification
after August 31, 1992.
Sec. 206 RCW 28A.410.060 and 1990 c 33 s 407 are each amended to
read as follows:
The fee for any certificate, or any renewal thereof, issued by the
authority of the state of Washington, and authorizing the holder to
teach or perform other professional duties in the public schools of the
state shall be not less than one dollar or such reasonable fee therefor
as the ((state board of education)) Washington professional educator
standards board by rule ((or regulation)) shall deem necessary
therefor. The fee must accompany the application and cannot be
refunded unless the application is withdrawn before it is finally
considered. The educational service district superintendent, or other
official authorized to receive such fee, shall within thirty days
transmit the same to the treasurer of the county in which the office of
the educational service district superintendent is located, to be by
him or her placed to the credit of said school district or educational
service district: PROVIDED, That if any school district collecting
fees for the certification of professional staff does not hold a
professional training institute separate from the educational service
district then all such moneys shall be placed to the credit of the
educational service district.
Such fees shall be used solely for the purpose of precertification
professional preparation, program evaluation, and professional in-service training programs in accord with rules ((and regulations)) of
the ((state board of education)) Washington professional educator
standards board herein authorized.
Sec. 207 RCW 28A.410.100 and 1992 c 159 s 6 are each amended to
read as follows:
Any teacher whose certificate to teach has been questioned under
RCW 28A.410.090 shall have a right to be heard by the issuing authority
before his or her certificate is revoked. Any teacher whose
certificate to teach has been revoked shall have a right of appeal to
the ((state board of education)) Washington professional educator
standards board if notice of appeal is given by written affidavit to
the board within thirty days after the certificate is revoked.
An appeal to the ((state board of education)) Washington
professional educator standards board within the time specified shall
operate as a stay of revocation proceedings until the next regular or
special meeting of said board and until the board's decision has been
rendered.
Sec. 208 RCW 28A.410.120 and 1990 c 33 s 411 are each amended to
read as follows:
Notwithstanding any other provision of this title, the ((state
board of education)) Washington professional educator standards board
or superintendent of public instruction shall not require any
professional certification or other qualifications of any person
elected superintendent of a local school district by that district's
board of directors, or any person hired in any manner to fill a
position designated as, or which is, in fact, deputy superintendent, or
assistant superintendent.
Sec. 209 RCW 28A.415.023 and 1997 c 90 s 1 are each amended to
read as follows:
(1) Credits earned by certificated instructional staff after
September 1, 1995, shall be eligible for application to the salary
schedule developed by the legislative evaluation and accountability
program committee only if the course content:
(a) Is consistent with a school-based plan for mastery of student
learning goals as referenced in RCW ((28A.320.205)) 28A.655.110, the
annual school performance report, for the school in which the
individual is assigned;
(b) Pertains to the individual's current assignment or expected
assignment for the subsequent school year;
(c) Is necessary to obtain an endorsement as prescribed by the
((state board of education)) Washington professional educator standards
board;
(d) Is specifically required to obtain advanced levels of
certification; or
(e) Is included in a college or university degree program that
pertains to the individual's current assignment, or potential future
assignment, as a certified instructional staff.
(2) For the purpose of this section, "credits" mean college quarter
hour credits and equivalent credits for approved in-service, approved
continuing education, or approved internship hours computed in
accordance with RCW 28A.415.020.
(3) The superintendent of public instruction shall adopt rules and
standards consistent with the limits established by this section for
certificated instructional staff.
Sec. 210 RCW 28A.415.060 and 1991 c 155 s 1 are each amended to
read as follows:
The ((state board of education)) Washington professional educator
standards board rules for continuing education shall provide that
educational staff associates may use credits or clock hours that
satisfy the continuing education requirements for their state
professional licensure, if any, to fulfill the continuing education
requirements established by the ((state board of education)) Washington
professional educator standards board.
Sec. 211 RCW 28A.415.205 and 1991 c 238 s 75 are each amended to
read as follows:
(1) The Washington state minority teacher recruitment program is
established. The program shall be administered by the ((state board of
education)) Washington professional educator standards board. The
((state board of education)) Washington professional educator standards
board shall consult with the higher education coordinating board,
representatives of institutions of higher education, education
organizations having an interest in teacher recruitment issues, the
superintendent of public instruction, the state board for community and
technical colleges, the department of employment security, and the work
force training and education coordinating board. The program shall be
designed to recruit future teachers from students in the targeted
groups who are in the ninth through twelfth grades and from adults in
the targeted groups who have entered other occupations.
(2) The program shall include the following:
(a) Encouraging students in targeted groups in grades nine through
twelve to acquire the academic and related skills necessary to prepare
for the study of teaching at an institution of higher education;
(b) Promoting teaching career opportunities to develop an awareness
of opportunities in the education profession;
(c) Providing opportunities for students to experience the
application of regular high school course work to activities related to
a teaching career; and
(d) Providing for increased cooperation among institutions of
higher education including community colleges, the superintendent of
public instruction, the ((state board of education)) Washington
professional educator standards board, and local school districts in
working toward the goals of the program.
Sec. 212 RCW 28A.150.060 and 1990 c 33 s 102 are each amended to
read as follows:
The term "certificated employee" as used in RCW 28A.195.010,
28A.150.060, 28A.150.260, 28A.405.100, 28A.405.210, 28A.405.240,
28A.405.250, 28A.405.300 through 28A.405.380, and chapter 41.59 RCW,
shall include those persons who hold certificates as authorized by rule
((or regulation)) of the ((state board of education)) Washington
professional educator standards board or the superintendent of public
instruction.
Sec. 213 RCW 28A.170.080 and 1990 c 33 s 157 are each amended to
read as follows:
(1) Grants provided under RCW 28A.170.090 may be used solely for
services provided by a substance abuse intervention specialist or for
dedicated staff time for counseling and intervention services provided
by any school district certificated employee who has been trained by
and has access to consultation with a substance abuse intervention
specialist. Services shall be directed at assisting students in
kindergarten through twelfth grade in overcoming problems of drug and
alcohol abuse, and in preventing abuse and addiction to such
substances, including nicotine. The grants shall require local
matching funds so that the grant amounts support a maximum of eighty
percent of the costs of the services funded. The services of a
substance abuse intervention specialist may be obtained by means of a
contract with a state or community services agency or a drug treatment
center. Services provided by a substance abuse intervention specialist
may include:
(a) Individual and family counseling, including preventive
counseling;
(b) Assessment and referral for treatment;
(c) Referral to peer support groups;
(d) Aftercare;
(e) Development and supervision of student mentor programs;
(f) Staff training, including training in the identification of
high-risk children and effective interaction with those children in the
classroom; and
(g) Development and coordination of school drug and alcohol core
teams, involving staff, students, parents, and community members.
(2) For the purposes of this section, "substance abuse intervention
specialist" means any one of the following, except that diagnosis and
assessment, counseling and aftercare specifically identified with
treatment of chemical dependency shall be performed only by personnel
who meet the same qualifications as are required of a qualified
chemical dependency counselor employed by an alcoholism or drug
treatment program approved by the department of social and health
services.
(a) An educational staff associate employed by a school district or
educational service district who holds certification as a school
counselor, school psychologist, school nurse, or school social worker
under ((state board of education)) Washington professional educator
standards board rules adopted pursuant to RCW ((28A.305.130))
28A.410.210;
(b) An individual who meets the definition of a qualified drug or
alcohol counselor established by the bureau of alcohol and substance
abuse;
(c) A counselor, social worker, or other qualified professional
employed by the department of social and health services;
(d) A psychologist licensed under chapter 18.83 RCW; or
(e) A children's mental health specialist as defined in RCW
71.34.020.
Sec. 214 RCW 28A.205.010 and 1999 c 348 s 2 are each amended to
read as follows:
(1) As used in this chapter, unless the context thereof shall
clearly indicate to the contrary:
"Education center" means any private school operated on a profit or
nonprofit basis which does the following:
(a) Is devoted to the teaching of basic academic skills, including
specific attention to improvement of student motivation for achieving,
and employment orientation.
(b) Operates on a clinical, client centered basis. This shall
include, but not be limited to, performing diagnosis of individual
educational abilities, determination and setting of individual goals,
prescribing and providing individual courses of instruction therefor,
and evaluation of each individual client's progress in his or her
educational program.
(c) Conducts courses of instruction by professionally trained
personnel certificated by the ((state board of education)) Washington
professional educator standards board according to rules adopted for
the purposes of this chapter and providing, for certification purposes,
that a year's teaching experience in an education center shall be
deemed equal to a year's teaching experience in a common or private
school.
(2) For purposes of this chapter, basic academic skills shall
include the study of mathematics, speech, language, reading and
composition, science, history, literature and political science or
civics; it shall not include courses of a vocational training nature
and shall not include courses deemed nonessential to the accrediting of
the common schools or the approval of private schools under RCW
28A.305.130.
(3) The state board of education shall certify an education center
only upon application and (a) determination that such school comes
within the definition thereof as set forth in subsection (1) of this
section and (b) demonstration on the basis of actual educational
performance of such applicants' students which shows after
consideration of their students' backgrounds, educational gains that
are a direct result of the applicants' educational program. Such
certification may be withdrawn if the board finds that a center fails
to provide adequate instruction in basic academic skills. No education
center certified by the state board of education pursuant to this
section shall be deemed a common school under RCW 28A.150.020 or a
private school for the purposes of RCW 28A.195.010 through 28A.195.050.
Sec. 215 RCW 28A.205.050 and 1995 c 335 s 201 are each amended to
read as follows:
In accordance with chapter 34.05 RCW, the administrative procedure
act, the ((state board of education)) Washington professional educator
standards board with respect to the matter of certification, and the
superintendent of public instruction with respect to all other matters,
shall have the power and duty to make the necessary rules to carry out
the purpose and intent of this chapter.
Sec. 216 RCW 28A.405.210 and 1996 c 201 s 1 are each amended to
read as follows:
No teacher, principal, supervisor, superintendent, or other
certificated employee, holding a position as such with a school
district, hereinafter referred to as "employee", shall be employed
except by written order of a majority of the directors of the district
at a regular or special meeting thereof, nor unless he or she is the
holder of an effective teacher's certificate or other certificate
required by law or the ((state board of education)) Washington
professional educator standards board for the position for which the
employee is employed.
The board shall make with each employee employed by it a written
contract, which shall be in conformity with the laws of this state, and
except as otherwise provided by law, limited to a term of not more than
one year. Every such contract shall be made in duplicate, one copy to
be retained by the school district superintendent or secretary and one
copy to be delivered to the employee. No contract shall be offered by
any board for the employment of any employee who has previously signed
an employment contract for that same term in another school district of
the state of Washington unless such employee shall have been released
from his or her obligations under such previous contract by the board
of directors of the school district to which he or she was obligated.
Any contract signed in violation of this provision shall be void.
In the event it is determined that there is probable cause or
causes that the employment contract of an employee should not be
renewed by the district for the next ensuing term such employee shall
be notified in writing on or before May 15th preceding the commencement
of such term of that determination, or if the omnibus appropriations
act has not passed the legislature by May 15th, then notification shall
be no later than June 1st, which notification shall specify the cause
or causes for nonrenewal of contract. Such determination of probable
cause for certificated employees, other than the superintendent, shall
be made by the superintendent. Such notice shall be served upon the
employee personally, or by certified or registered mail, or by leaving
a copy of the notice at the house of his or her usual abode with some
person of suitable age and discretion then resident therein. Every
such employee so notified, at his or her request made in writing and
filed with the president, chair or secretary of the board of directors
of the district within ten days after receiving such notice, shall be
granted opportunity for hearing pursuant to RCW 28A.405.310 to
determine whether there is sufficient cause or causes for nonrenewal of
contract: PROVIDED, That any employee receiving notice of nonrenewal
of contract due to an enrollment decline or loss of revenue may, in his
or her request for a hearing, stipulate that initiation of the
arrangements for a hearing officer as provided for by RCW
28A.405.310(4) shall occur within ten days following July 15 rather
than the day that the employee submits the request for a hearing. If
any such notification or opportunity for hearing is not timely given,
the employee entitled thereto shall be conclusively presumed to have
been reemployed by the district for the next ensuing term upon
contractual terms identical with those which would have prevailed if
his or her employment had actually been renewed by the board of
directors for such ensuing term.
This section shall not be applicable to "provisional employees" as
so designated in RCW 28A.405.220; transfer to a subordinate
certificated position as that procedure is set forth in RCW 28A.405.230
shall not be construed as a nonrenewal of contract for the purposes of
this section.
Sec. 217 RCW 28B.10.140 and 2004 c 60 s 1 are each amended to
read as follows:
The University of Washington, Washington State University, Central
Washington University, Eastern Washington University, Western
Washington University, and The Evergreen State College are each
authorized to train teachers and other personnel for whom teaching
certificates or special credentials prescribed by the ((state board of
education)) Washington professional educator standards board are
required, for any grade, level, department, or position of the public
schools of the state.
Sec. 218 RCW 18.118.010 and 1990 c 33 s 553 are each amended to
read as follows:
(1) The purpose of this chapter is to establish guidelines for the
regulation of the real estate profession and other business professions
which may seek legislation to substantially increase their scope of
practice or the level of regulation of the profession, and for the
regulation of business professions not licensed or regulated on July
26, 1987: PROVIDED, That the provisions of this chapter are not
intended and shall not be construed to: (a) Apply to any regulatory
entity created prior to July 26, 1987, except as provided in this
chapter; (b) affect the powers and responsibilities of the
superintendent of public instruction or ((state board of education))
Washington professional educator standards board under RCW
((28A.305.130)) 28A.410.210 and 28A.410.010; (c) apply to or interfere
in any way with the practice of religion or to any kind of treatment by
prayer; (d) apply to any remedial or technical amendments to any
statutes which licensed or regulated activity before July 26, 1987; and
(e) apply to proposals relating solely to continuing education. The
legislature believes that all individuals should be permitted to enter
into a business profession unless there is an overwhelming need for the
state to protect the interests of the public by restricting entry into
the profession. Where such a need is identified, the regulation
adopted by the state should be set at the least restrictive level
consistent with the public interest to be protected.
(2) It is the intent of this chapter that no regulation shall be
imposed upon any business profession except for the exclusive purpose
of protecting the public interest. All bills introduced in the
legislature to regulate a business profession for the first time should
be reviewed according to the following criteria. A business profession
should be regulated by the state only when:
(a) Unregulated practice can clearly harm or endanger the health,
safety, or welfare of the public, and the potential for the harm is
easily recognizable and not remote or dependent upon tenuous argument;
(b) The public needs and can reasonably be expected to benefit from
an assurance of initial and continuing professional ability; and
(c) The public cannot be effectively protected by other means in a
more cost-beneficial manner.
(3) After evaluating the criteria in subsection (2) of this section
and considering governmental and societal costs and benefits, if the
legislature finds that it is necessary to regulate a business
profession not previously regulated by law, the least restrictive
alternative method of regulation should be implemented, consistent with
the public interest and this section:
(a) Where existing common law and statutory civil actions and
criminal prohibitions are not sufficient to eradicate existing harm,
the regulation should provide for stricter civil actions and criminal
prosecutions;
(b) Where a service is being performed for individuals involving a
hazard to the public health, safety, or welfare, the regulation should
impose inspection requirements and enable an appropriate state agency
to enforce violations by injunctive relief in court, including, but not
limited to, regulation of the business activity providing the service
rather than the employees of the business;
(c) Where the threat to the public health, safety, or economic
well-being is relatively small as a result of the operation of the
business profession, the regulation should implement a system of
registration;
(d) Where the consumer may have a substantial basis for relying on
the services of a practitioner, the regulation should implement a
system of certification; or
(e) Where apparent that adequate regulation cannot be achieved by
means other than licensing, the regulation should implement a system of
licensing.
Sec. 219 RCW 18.120.010 and 1990 c 33 s 554 are each amended to
read as follows:
(1) The purpose of this chapter is to establish guidelines for the
regulation of health professions not licensed or regulated prior to
July 24, 1983, and those licensed or regulated health professions which
seek to substantially increase their scope of practice: PROVIDED, That
the provisions of this chapter are not intended and shall not be
construed to: (a) Apply to any regulatory entity created prior to July
24, 1983, except as provided in this chapter; (b) affect the powers and
responsibilities of the superintendent of public instruction or ((state
board of education)) Washington professional educator standards board
under RCW ((28A.305.130)) 28A.410.210 and 28A.410.010; (c) apply to or
interfere in any way with the practice of religion or to any kind of
treatment by prayer; and (d) apply to any remedial or technical
amendments to any statutes which licensed or regulated activity before
July 24, 1983. The legislature believes that all individuals should be
permitted to enter into a health profession unless there is an
overwhelming need for the state to protect the interests of the public
by restricting entry into the profession. Where such a need is
identified, the regulation adopted by the state should be set at the
least restrictive level consistent with the public interest to be
protected.
(2) It is the intent of this chapter that no regulation shall,
after July 24, 1983, be imposed upon any health profession except for
the exclusive purpose of protecting the public interest. All bills
introduced in the legislature to regulate a health profession for the
first time should be reviewed according to the following criteria. A
health profession should be regulated by the state only when:
(a) Unregulated practice can clearly harm or endanger the health,
safety, or welfare of the public, and the potential for the harm is
easily recognizable and not remote or dependent upon tenuous argument;
(b) The public needs and can reasonably be expected to benefit from
an assurance of initial and continuing professional ability; and
(c) The public cannot be effectively protected by other means in a
more cost-beneficial manner.
(3) After evaluating the criteria in subsection (2) of this section
and considering governmental and societal costs and benefits, if the
legislature finds that it is necessary to regulate a health profession
not previously regulated by law, the least restrictive alternative
method of regulation should be implemented, consistent with the public
interest and this section:
(a) Where existing common law and statutory civil actions and
criminal prohibitions are not sufficient to eradicate existing harm,
the regulation should provide for stricter civil actions and criminal
prosecutions;
(b) Where a service is being performed for individuals involving a
hazard to the public health, safety, or welfare, the regulation should
impose inspection requirements and enable an appropriate state agency
to enforce violations by injunctive relief in court, including, but not
limited to, regulation of the business activity providing the service
rather than the employees of the business;
(c) Where the threat to the public health, safety, or economic
well-being is relatively small as a result of the operation of the
health profession, the regulation should implement a system of
registration;
(d) Where the consumer may have a substantial basis for relying on
the services of a practitioner, the regulation should implement a
system of certification; or
(e) Where apparent that adequate regulation cannot be achieved by
means other than licensing, the regulation should implement a system of
licensing.
NEW SECTION. Sec. 301 (1) The state board of education as
constituted prior to the effective date of this act is hereby abolished
and its powers, duties, and functions are hereby transferred to the
state board of education as specified in this act. All references to
the director or the state board of education as constituted prior to
the effective date of this act in the Revised Code of Washington shall
be construed to mean the director or the state board of education as
specified in this act.
(2)(a) All reports, documents, surveys, books, records, files,
papers, or written material in the possession of the state board of
education as constituted prior to the effective date of this act shall
be delivered to the custody of the state board of education as
specified in this act. All cabinets, furniture, office equipment,
motor vehicles, and other tangible property employed by the state board
of education as constituted prior to the effective date of this act
shall be made available to the state board of education as specified in
this act. All funds, credits, or other assets held by the state board
of education as constituted prior to the effective date of this act
shall be assigned to the state board of education as specified in this
act.
(b) Any appropriations made to the state board of education as
constituted prior to the effective date of this act shall, on the
effective date of this section, be transferred and credited to the
state board of education as specified in this act.
(c) If any question arises as to the transfer of any personnel,
funds, books, documents, records, papers, files, equipment, or other
tangible property used or held in the exercise of the powers and the
performance of the duties and functions transferred, the director of
financial management shall make a determination as to the proper
allocation and certify the same to the state agencies concerned.
(3) All employees of the state board of education as constituted
prior to the effective date of this act are transferred to the
jurisdiction of the state board of education as specified in this act.
All employees classified under chapter 41.06 RCW, the state civil
service law, are assigned to the state board of education as specified
in this act.
(4) All rules and all pending business before the state board of
education as constituted prior to the effective date of this act shall
be continued and acted upon by the state board of education as
specified in this act. All existing contracts and obligations shall
remain in full force and shall be performed by the state board of
education as specified in this act.
(5) The transfer of the powers, duties, functions, and personnel of
the state board of education as constituted prior to the effective date
of this act shall not affect the validity of any act performed before
the effective date of this section.
(6) If apportionments of budgeted funds are required because of the
transfers directed by this section, the director of financial
management shall certify the apportionments to the agencies affected,
the state auditor, and the state treasurer. Each of these shall make
the appropriate transfer and adjustments in funds and appropriation
accounts and equipment records in accordance with the certification.
(7) Nothing contained in this section may be construed to alter any
existing collective bargaining unit or the provisions of any existing
collective bargaining agreement until the agreement has expired or
until the bargaining unit has been modified by action of the personnel
resources board as provided by law.
NEW SECTION. Sec. 302 A new section is added to chapter 28A.410
RCW to read as follows:
(1) All powers, duties, and functions of the office of the
superintendent of public instruction pertaining to educator
certification and the approval of programs of courses, requirements,
and other activities leading to educator certification, are transferred
to the professional educator standards board. All references to the
superintendent of public instruction or the office of the
superintendent of public instruction in the Revised Code of Washington
shall be construed to mean the executive director of the professional
educator standards board or the professional educator standards board
when referring to the functions transferred in this section.
(2)(a) All reports, documents, surveys, books, records, files,
papers, or written material in the possession of the office of the
superintendent of public instruction pertaining to the powers,
functions, and duties transferred shall be delivered to the custody of
the professional educator standards board. All cabinets, furniture,
office equipment, motor vehicles, and other tangible property employed
by the office of the superintendent of public instruction in carrying
out the powers, functions, and duties transferred shall be made
available to the professional educator standards board. All funds,
credits, or other assets held in connection with the powers, functions,
and duties transferred shall be assigned to the professional educator
standards board.
(b) Any appropriations made to the office of the superintendent of
public instruction for carrying out the powers, functions, and duties
transferred shall, on the effective date of this section, be
transferred and credited to the professional educator standards board.
(c) Whenever any question arises as to the transfer of any
personnel, funds, books, documents, records, papers, files, equipment,
or other tangible property used or held in the exercise of the powers
and the performance of the duties and functions transferred, the
director of financial management shall make a determination as to the
proper allocation and certify the same to the state agencies concerned.
(3) All employees of the office of the superintendent of public
instruction engaged in performing the powers, functions, and duties
transferred are transferred to the jurisdiction of the professional
educator standards board. All employees classified under chapter 41.06
RCW, the state civil service law, are assigned to the professional
educator standards board to perform their usual duties upon the same
terms as formerly, without any loss of rights, subject to any action
that may be appropriate thereafter in accordance with the laws and
rules governing state civil service.
(4) All rules and all pending business before the office of the
superintendent of public instruction pertaining to the powers,
functions, and duties transferred shall be continued and acted upon by
the professional educator standards board. All existing contracts and
obligations shall remain in full force and shall be performed by the
professional educator standards board.
(5) The transfer of the powers, duties, functions, and personnel of
the office of the superintendent of public instruction shall not affect
the validity of any act performed before the effective date of this
section.
(6) If apportionments of budgeted funds are required because of the
transfers directed by this section, the director of financial
management shall certify the apportionments to the agencies affected,
the state auditor, and the state treasurer. Each of these shall make
the appropriate transfer and adjustments in funds and appropriation
accounts and equipment records in accordance with the certification.
(7) Nothing contained in this section may be construed to alter any
existing collective bargaining unit or the provisions of any existing
collective bargaining agreement until the agreement has expired or
until the bargaining unit has been modified by action of the personnel
resources board as provided by law.
NEW SECTION. Sec. 401 (1) The education governance task force is
established to review and evaluate the appropriate agency to adopt
rules for and implement state education responsibilities that fall
under the jurisdiction of the superintendent of public instruction, the
academic achievement and accountability commission, and the state board
of education as reconstituted under part 1 of this act. The task force
shall examine the possible elimination of the academic achievement and
accountability commission and the reassignment or repeal of its duties.
(2) The task force shall include two members of the house of
representatives, one from each major caucus, appointed by the speaker
of the house of representatives; two members of the senate, one from
each major caucus, appointed by the president of the senate; a
representative of the governor; and other individuals who may be
invited to join the task force by the other task force members.
(3) By December 15, 2005, the task force shall report to the
governor, the superintendent of public instruction, the academic
achievement and accountability commission, the state board of
education, the legislative committees on education policy, and other
interested parties with its recommendations, including proposed
legislation, on the appropriate state-level agencies to adopt rules for
and implement various statutory education responsibilities.
NEW SECTION. Sec. 501 The following acts or parts of acts are
each repealed:
(1) RCW 28A.305.010 (Composition of board) and 1992 c 56 s 1, 1990
c 33 s 257, 1988 c 255 s 1, 1980 c 179 s 1, & 1969 ex.s. c 223 s
28A.04.010;
(2) RCW 28A.305.020 (Call and notice of elections) and 1990 c 33 s
258, 1988 c 255 s 2, 1981 c 38 s 1, & 1969 ex.s. c 223 s 28A.04.020;
(3) RCW 28A.305.030 (Elections in new congressional districts -- Call
and conduct of -- Member terms -- Transitional measures to reduce number of
members from each district) and 1992 c 56 s 3, 1990 c 33 s 259, 1982
1st ex.s. c 7 s 1, & 1969 ex.s. c 223 s 28A.04.030;
(4) RCW 28A.305.040 (Declarations of candidacy -- Qualifications of
candidates -- Members restricted from service on local boards -- Forfeiture
of office) and 1990 c 33 s 260, 1982 1st ex.s. c 7 s 2, 1980 c 179 s 4,
1975 1st ex.s. c 275 s 49, 1971 c 48 s 1, & 1969 ex.s. c 223 s
28A.04.040;
(5) RCW 28A.305.050 (Qualifications of voters -- Ballots -- Voting
instructions -- Candidates' biographical data) and 1990 c 33 s 261, 1988
c 255 s 3, 1981 c 38 s 2, & 1969 ex.s. c 223 s 28A.04.050;
(6) RCW 28A.305.060 (Election procedure -- Certificate) and 1990 c 33
s 262, 1981 c 38 s 3, 1980 c 179 s 5, 1975 c 19 s 2, 1969 ex.s. c 283
s 25, & 1969 ex.s. c 223 s 28A.04.060;
(7) RCW 28A.305.070 (Action to contest election -- Grounds--Procedure) and 1980 c 179 s 6 & 1975 c 19 s 1;
(8) RCW 28A.305.080 (Terms of office) and 1992 c 56 s 2, 1990 c 33
s 263, & 1969 ex.s. c 223 s 28A.04.070;
(9) RCW 28A.305.090 (Vacancies, filling) and 1990 c 33 s 264 & 1969
ex.s. c 223 s 28A.04.080;
(10) RCW 28A.305.100 (Superintendent as ex officio member and chief
executive officer of board) and 1982 c 160 s 1 & 1969 ex.s. c 223 s
28A.04.090;
(11) RCW 28A.305.110 (Executive director -- Secretary of board) and
1996 c 25 s 1, 1990 c 33 s 265, 1982 c 160 s 3, & 1969 ex.s. c 223 s
28A.04.100;
(12) RCW 28A.305.120 (Meetings -- Compensation and travel expenses of
members) and 1984 c 287 s 60, 1975-'76 2nd ex.s. c 34 s 67, 1973 c 106
s 13, & 1969 ex.s. c 223 s 28A.04.110;
(13) RCW 28A.305.200 (Seal) and 1969 ex.s. c 223 s 28A.04.140; and
(14) RCW 28A.660.901 (Program evaluations -- Contingency) and 2004 c
23 s 6 & 2001 c 158 s 8.
Sec. 502 RCW 28A.300.020 and 1996 c 25 s 2 are each amended to
read as follows:
The superintendent of public instruction may appoint assistant
superintendents of public instruction, a deputy superintendent of
public instruction, and may employ such other assistants and clerical
help as are necessary to carry out the duties of the superintendent and
the state board of education. However, the superintendent shall employ
without undue delay the executive director of the state board of
education and other state board of education office assistants and
clerical help, appointed by the state board under RCW ((28A.305.110))
28A.305.130, whose positions are allotted and funded in accordance with
moneys appropriated exclusively for the operation of the state board of
education. The rate of compensation and termination of any such
executive director, state board office assistants, and clerical help
shall be subject to the prior consent of the state board of education.
The assistant superintendents, deputy superintendent, and such other
officers and employees as are exempted from the provisions of chapter
41.06 RCW, shall serve at the pleasure of the superintendent or at the
pleasure of the superintendent and the state board of education as
provided in this section. Expenditures by the superintendent of public
instruction for direct and indirect support of the state board of
education are valid operational expenditures by and in behalf of the
office of the superintendent of public instruction.
Sec. 503 RCW 28A.310.110 and 1990 c 33 s 272 are each amended to
read as follows:
Any common school district board member eligible to vote for a
candidate for membership on an educational service district or any
candidate for the position, within ten days after the secretary to the
state board of education's certification of election, may contest the
election of the candidate pursuant to chapter 29A.68 RCW
((28A.305.070)).
Sec. 504 RCW 28A.315.085 and 1999 c 315 s 206 are each amended to
read as follows:
(1) The superintendent of public instruction shall furnish to the
state board and to regional committees the services of employed
personnel and the materials and supplies necessary to enable them to
perform the duties imposed upon them by this chapter and shall
reimburse the members thereof for expenses necessarily incurred by them
in the performance of their duties, such reimbursement for regional
committee members to be in accordance with RCW 28A.315.155, and such
reimbursement for state board members to be in accordance with ((RCW
28A.305.120)) section 101 of this act.
(2) Costs that may be incurred by an educational service district
in association with school district negotiations under RCW 28A.315.195
and supporting the regional committee under RCW 28A.315.205 shall be
reimbursed by the state from such funds as are appropriated for these
purposes.
NEW SECTION. Sec. 505 The following acts or parts of acts are
each repealed effective June 30, 2006:
(1) RCW 28A.655.020 (Academic achievement and accountability
commission) and 1999 c 388 s 101;
(2) RCW 28A.655.030 (Essential academic learning requirements and
assessments -- Duties of the academic achievement and accountability
commission) and 2004 c 19 s 205, 2002 c 37 s 1, & 1999 c 388 s 102; and
(3) RCW 28A.655.900 (Transfer of powers, duties, and functions) and
1999 c 388 s 502.
NEW SECTION. Sec. 506 (1) Sections 102, 201 through 219, 302,
and 401 of this act are necessary for the immediate preservation of the
public peace, health, or safety, or support of the state government and
its existing public institutions, and take effect July 1, 2005.
(2) Sections 101, 301, and 501 through 504 of this act take effect
October 1, 2005.
(3) Section 505 of this act takes effect June 30, 2006.