BILL REQ. #: H-3948.1
| State of Washington | 59th Legislature | 2006 Regular Session |
Read first time 01/19/2006. Referred to Committee on Education.
AN ACT Relating to transferring duties of the reconstituted state board of education; amending RCW 28A.305.130, 28A.305.035, 28A.300.040, 28A.150.220, 28A.150.230, 28A.150.230, 28A.150.250, 28A.505.140, 28A.525.020, 28A.525.030, 28A.525.050, 28A.525.055, 28A.525.070, 28A.525.080, 28A.525.090, 28A.525.162, 28A.525.164, 28A.525.166, 28A.525.168, 28A.525.170, 28A.525.172, 28A.525.174, 28A.525.176, 28A.525.178, 28A.525.180, 28A.525.190, 28A.525.200, 28A.525.216, 28A.150.260, 28A.335.160, 28A.540.050, 28A.150.530, 28A.335.210, 28A.335.230, 28A.540.070, 28A.305.220, 28A.230.100, 28A.230.170, 28A.305.170, 28A.230.130, 28A.205.010, 28A.215.010, 28A.215.020, 28A.205.040, 28A.215.140, 28A.230.020, 28A.230.040, 28A.230.050, 28A.315.175, 28A.315.195, 28A.315.205, 28A.315.015, 28A.315.025, 28A.315.055, 28A.315.085, 28A.315.125, 28A.315.185, 28A.305.210, 28A.310.080, 28A.310.030, 28A.310.050, 28A.310.060, 28A.310.090, 28A.310.100, 28A.310.140, 28A.310.150, 28A.310.200, 28A.310.310, 28A.323.020, 28A.323.040, 28A.305.160, 28A.150.300, 28A.225.160, 28A.300.150, 28A.600.020, 28A.600.030, 28A.625.360, 28A.225.330, 28A.405.110, 28A.415.010, 28A.415.020, 28A.415.024, 28A.415.025, 28A.415.105, 28A.415.125, 28A.415.130, 28A.415.145, 28A.660.040, 28A.690.020, 28A.300.050, 28A.625.370, 28A.625.380, 28A.625.390, 28A.600.010, 28A.225.280, 28A.600.200, 28A.160.210, 28A.160.100, 28A.210.070, 28A.210.160, 28A.335.100, 28A.335.120, 28A.320.240, 28A.155.060, 28A.600.130, and 28A.650.015; reenacting and amending RCW 28A.330.100 and 28A.630.400; adding a new section to chapter 28A.525 RCW; adding a new section to chapter 28A.545 RCW; adding a new section to chapter 28A.230 RCW; adding new sections to chapter 28A.300 RCW; adding a new section to chapter 28A.315 RCW; adding a new section to chapter 28A.600 RCW; adding a new section to chapter 28A.405 RCW; creating new sections; recodifying RCW 28A.305.220, 28A.305.170, and 28A.305.160; decodifying RCW 28A.525.120, 28A.525.122, 28A.525.124, 28A.525.126, 28A.525.128, 28A.525.130, 28A.525.132, 28A.525.134, 28A.525.140, 28A.525.142, 28A.525.144, 28A.525.146, 28A.525.148, 28A.525.150, 28A.525.152, 28A.525.154, 28A.525.156, 28A.525.158, 28A.525.160, and 28A.525.182; repealing RCW 28A.305.140, 28A.655.180, and 28A.310.020; providing effective dates; and providing an expiration date.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
NEW SECTION. Sec. 1 In 2005, the legislature reconstituted the
state board of education to refocus its purpose; abolished the academic
achievement and accountability commission; and assigned policy and
rule-making authority for educator preparation and certification to the
professional educator standards board. The purpose of this act is to
address the remaining statutory responsibilities of the state board of
education held before 2005. The legislature finds that some duties
should be retained with the reconstituted board; many duties should be
transferred to other agencies or organizations, primarily but not
exclusively to the superintendent of public instruction; and some
duties should be repealed. This act also corrects statutes to
implement fully the transfer of responsibilities authorized in 2005.
Sec. 101 RCW 28A.305.130 and 2005 c 497 s 104 are each amended to
read as follows:
The purpose of the state board of education is to improve student
academic achievement and personalize the educational experience for
every student. The state board shall provide advocacy, strategic
planning, and strategic oversight of the kindergarten through twelfth
grade education system, including accountability for student success
and student readiness for lifelong learning, both at entry and at exit
from the system. The state board shall adopt statewide policies that
promote achievement of the goals of RCW 28A.150.210; implement a
standards-based accountability system; and provide leadership in the
creation of an education system that respects the diverse cultures,
abilities, and learning styles of all students. In addition to any
other powers and duties as provided by law, the state board of
education shall:
(1) ((Until January 1, 2006, 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 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) Until January 1, 2006, 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) Until January 1, 2006, 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) Until January 1, 2006:
(a) 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; and
(b) 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) Until January 1, 2006, 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).));
(((7))) (2) Form committees as necessary to effectively and
efficiently conduct the work of the board((.));
(((8))) (3) Seek advice from the public and interested parties
regarding the work of the board((.));
(((9))) (4) For purposes of statewide accountability((, the board
shall)):
(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) 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((.));
(((10))) (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 ((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.));
(11) 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.
(12) 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.
(13) Continuously reevaluate courses and other requirements and
adopt and enforce regulations within the common schools so as to meet
the educational needs of students.
(14) Evaluate course of study requirements and
(6) 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((.));
(((15) Carry out board powers and duties relating to the
organization and reorganization of school districts.)) (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 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((
(16) Hear and decide appeals as otherwise provided by law.
(17) Promulgate information and rules dealing with the prevention
of child abuse for purposes of curriculum use in the common schools.
(18).)); and
(((19))) (8) Adopt a seal that shall be kept in the office of the
superintendent of public instruction.
Sec. 102 RCW 28A.305.035 and 2005 c 497 s 103 are each amended to
read as follows:
(1) By October 15th of each even-numbered year, the state board of
education and the professional educator standards board shall submit a
joint report to the legislative education committees, the governor, and
the superintendent of public instruction. The report shall address the
progress the boards have made and the obstacles they have encountered,
individually and collectively, in the work of achieving the goals in
RCW 28A.150.210.
(2) The state board of education shall include the chairs and
ranking minority members of the legislative education committees in
board communications so that the legislature can be kept apprised of
the discussions and proposed actions of the board.
Sec. 103 RCW 28A.300.040 and 2005 c 360 s 6 are each amended to
read as follows:
In addition to any other powers and duties as provided by law, the
powers and duties of the superintendent of public instruction shall be:
(1) To have supervision over all matters pertaining to the public
schools of the state;
(2) To report to the governor and the legislature such information
and data as may be required for the management and improvement of the
schools;
(3) To prepare and have printed such forms, registers, courses of
study, rules for the government of the common schools, and such other
material and books as may be necessary for the discharge of the duties
of teachers and officials charged with the administration of the laws
relating to the common schools, and to distribute the same to
educational service district superintendents;
(4) To travel, without neglecting his or her other official duties
as superintendent of public instruction, for the purpose of attending
educational meetings or conventions, of visiting schools, and of
consulting educational service district superintendents or other school
officials;
(5) To prepare and from time to time to revise a manual of the
Washington state common school code, copies of which shall be provided
in such numbers as determined by the superintendent of public
instruction at no cost to those public agencies within the common
school system and which shall be sold at approximate actual cost of
publication and distribution per volume to all other public and
nonpublic agencies or individuals, said manual to contain Titles 28A
and 28C RCW, rules related to the common schools, and such other matter
as the state superintendent or the state board of education shall
determine. Proceeds of the sale of such code shall be transmitted to
the public printer who shall credit the state superintendent's account
within the state printing plant revolving fund by a like amount;
(6) ((To act as ex officio member and the chief executive officer
of the state board of education;)) To file all papers, reports and public documents transmitted
to the superintendent by the school officials of the several counties
or districts of the state, each year separately. Copies of all papers
filed in the superintendent's office, and the superintendent's official
acts, may, or upon request, shall be certified by the superintendent
and attested by the superintendent's official seal, and when so
certified shall be evidence of the papers or acts so certified to;
(7)
(((8))) (7) To require annually, on or before the 15th day of
August, of the president, manager, or principal of every educational
institution in this state, a report as required by the superintendent
of public instruction; and it is the duty of every president, manager,
or principal, to complete and return such forms within such time as the
superintendent of public instruction shall direct;
(((9))) (8) To keep in the superintendent's office a record of all
teachers receiving certificates to teach in the common schools of this
state;
(((10))) (9) To issue certificates as provided by law;
(((11))) (10) To keep in the superintendent's office at the capital
of the state, all books and papers pertaining to the business of the
superintendent's office, and to keep and preserve in the
superintendent's office a complete record of statistics, as well as a
record of the meetings of the state board of education;
(((12))) (11) With the assistance of the office of the attorney
general, to decide all points of law which may be submitted to the
superintendent in writing by any educational service district
superintendent, or that may be submitted to the superintendent by any
other person, upon appeal from the decision of any educational service
district superintendent; and the superintendent shall publish his or
her rulings and decisions from time to time for the information of
school officials and teachers; and the superintendent's decision shall
be final unless set aside by a court of competent jurisdiction;
(((13))) (12) To administer oaths and affirmations in the discharge
of the superintendent's official duties;
(((14))) (13) To deliver to his or her successor, at the expiration
of the superintendent's term of office, all records, books, maps,
documents and papers of whatever kind belonging to the superintendent's
office or which may have been received by the superintendent's for the
use of the superintendent's office;
(((15))) (14) To administer family services and programs to promote
the state's policy as provided in RCW 74.14A.025;
(((16))) (15) To promote the adoption of school-based curricula and
policies that provide quality, daily physical education for all
students, and to encourage policies that provide all students with
opportunities for physical activity outside of formal physical
education classes;
(((17))) (16) To perform such other duties as may be required by
law.
Sec. 201 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:)) 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 ((
(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) 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 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;
(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.
(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)and shall consist of a minimum of one hundred
eighty school days per school year in such grades as are conducted by
a school district, and one hundred eighty half-days of instruction, or
equivalent, in kindergarten: PROVIDED, That effective May 1, 1979, a
school district may schedule the last five school days of the one
hundred and eighty day school year for noninstructional purposes in the
case of students who are graduating from high school, including, but
not limited to, the observance of graduation and early release from
school upon the request of a student, and all such students may be
claimed as a full time equivalent student to the extent they could
otherwise have been so claimed for the purposes of RCW 28A.150.250 and
28A.150.260)).
(((4))) The ((state board of education)) superintendent of public
instruction 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. 202 RCW 28A.150.230 and 1994 c 245 s 9 are each amended to
read as follows:
(1) It is the intent and purpose of this section to guarantee that
each common school district board of directors, whether or not acting
through its respective administrative staff, be held accountable for
the proper operation of their district to the local community and its
electorate. In accordance with the provisions of Title 28A RCW, as now
or hereafter amended, each common school district board of directors
shall be vested with the final responsibility for the setting of
policies ensuring quality in the content and extent of its educational
program and that such program provide students with the opportunity to
achieve those skills which are generally recognized as requisite to
learning.
(2) In conformance with the provisions of Title 28A RCW, as now or
hereafter amended, it shall be the responsibility of each common school
district board of directors to adopt policies to:
(a) Establish performance criteria and an evaluation process for
its certificated personnel, including administrative staff, and for all
programs constituting a part of such district's curriculum;
(b) Determine the final assignment of staff, certificated or
classified, according to board enumerated classroom and program needs;
(c) Determine the amount of instructional hours necessary for any
student to acquire a quality education in such district, in not less
than an amount otherwise required in RCW 28A.150.220, or rules ((and
regulations)) of the state board of education;
(d) Determine the allocation of staff time, whether certificated or
classified;
(e) Establish final curriculum standards consistent with law and
rules ((and regulations of the state board of education)) of the
superintendent of public instruction, relevant to the particular needs
of district students or the unusual characteristics of the district,
and ensuring a quality education for each student in the district; and
(f) Evaluate teaching materials, including text books, teaching
aids, handouts, or other printed material, in public hearing upon
complaint by parents, guardians or custodians of students who consider
dissemination of such material to students objectionable.
Sec. 203 RCW 28A.150.230 and 2006 c ... s 202 (section 202 of
this act) are each amended to read as follows:
(1) It is the intent and purpose of this section to guarantee that
each common school district board of directors, whether or not acting
through its respective administrative staff, be held accountable for
the proper operation of their district to the local community and its
electorate. In accordance with the provisions of Title 28A RCW, as now
or hereafter amended, each common school district board of directors
shall be vested with the final responsibility for the setting of
policies ensuring quality in the content and extent of its educational
program and that such program provide students with the opportunity to
achieve those skills which are generally recognized as requisite to
learning.
(2) In conformance with the provisions of Title 28A RCW, as now or
hereafter amended, it shall be the responsibility of each common school
district board of directors to adopt policies to:
(a) Establish performance criteria and an evaluation process for
its certificated personnel, including administrative staff, and for all
programs constituting a part of such district's curriculum;
(b) Determine the final assignment of staff, certificated or
classified, according to board enumerated classroom and program needs;
(c) Determine the amount of instructional hours necessary for any
student to acquire a quality education in such district((, in not less
than an amount otherwise required in RCW 28A.150.220, or rules of the
state board of education));
(d) Determine the allocation of staff time, whether certificated or
classified;
(e) Establish final curriculum standards consistent with law and
rules of the superintendent of public instruction, relevant to the
particular needs of district students or the unusual characteristics of
the district, and ensuring a quality education for each student in the
district; and
(f) Evaluate teaching materials, including text books, teaching
aids, handouts, or other printed material, in public hearing upon
complaint by parents, guardians or custodians of students who consider
dissemination of such material to students objectionable.
Sec. 204 RCW 28A.150.250 and 1990 c 33 s 107 are each amended to
read as follows:
((From those funds made available by the legislature for the
current use of the common schools, the superintendent of public
instruction shall distribute annually as provided in RCW 28A.510.250 to
each school district of the state operating a program approved by the
state board of education an amount which, when combined with an
appropriate portion of such locally available revenues, other than
receipts from federal forest revenues distributed to school districts
pursuant to RCW 28A.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.))
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 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.
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)) shall
withhold state funds in whole or in part for the basic education
allocation until program compliance is assured: PROVIDED, That the
((state board of education)) superintendent of public instruction may
waive this requirement in the event of substantial lack of classroom
space.
Sec. 205 RCW 28A.505.140 and 1990 c 33 s 422 are each amended to
read as follows:
(1) Notwithstanding any other provision of law, the superintendent
of public instruction ((is hereby directed to promulgate)) shall adopt
such rules ((and regulations)) as will ((insure)) ensure proper
budgetary procedures and practices, including monthly financial
statements consistent with the provisions of RCW 43.09.200, and this
chapter.
(2) If the superintendent of public instruction determines upon a
review of the budget of any district that said budget does not comply
with the budget procedures established by this chapter or by rules
((and regulations promulgated)) adopted by the superintendent of public
instruction, or the provisions of RCW 43.09.200, the superintendent
shall give written notice of this determination to the board of
directors of the local school district.
(3) The local school district, notwithstanding any other provision
of law, shall, within thirty days from the date the superintendent of
public instruction issues a notice pursuant to subsection (2) of this
section, submit a revised budget which meets the requirements of RCW
43.09.200, this chapter, and the rules ((and regulations)) of the
superintendent of public instruction((: PROVIDED, That if the district
fails or refuses to submit a revised budget which in the determination
of the superintendent of public instruction meets the requirements of
RCW 43.09.200, this chapter, and the rules and regulations of the
superintendent of public instruction, the matter shall be submitted to
the state board of education, which board shall meet and adopt a
financial plan which shall be in effect until a budget can be adopted
and submitted by the district in compliance with this section)).
NEW SECTION. Sec. 206 The following acts or parts of acts, as
now existing or hereafter amended, are each repealed, effective
September 1, 2007:
(1) RCW 28A.305.140 (Waiver from provisions of RCW 28A.150.200
through 28A.150.220 authorized) and 1990 c 33 s 267 & 1985 c 349 s 6;
and
(2) RCW 28A.655.180 (Waivers for educational restructuring
programs -- Study by joint select committee on education restructuring--Report to legislature) and 1995 c 208 s 1.
Sec. 301 RCW 28A.525.020 and 1969 ex.s. c 223 s 28A.47.060 are
each amended to read as follows:
The ((state board of education)) superintendent of public
instruction, with recommendations from the school facilities citizen
advisory panel, shall have the power and ((it shall be its)) duty (1)
to prescribe rules ((and regulations)) governing the administration,
control, terms, conditions, and disbursements of allotments to school
districts to assist them in providing school plant facilities; (2) to
approve allotments to districts that apply for state assistance
whenever ((the board deems)) such action is advisable ((and in so doing
to give due consideration to the findings, reports, and recommendations
of the superintendent of public instruction pertaining thereto)); (3)
to authorize the payment of approved allotments by warrant of the state
treasurer; and (4) in the event that the amount of state assistance
applied for exceeds the funds available for such assistance during any
biennium, to make allotments on the basis of the urgency of need for
school facilities in the districts that apply for assistance and/or to
prorate allotments among such districts in conformity with applicable
procedures and ((regulations applicable thereto which shall be
established by the state board)) rules.
Sec. 302 RCW 28A.525.030 and 1995 c 77 s 23 are each amended to
read as follows:
Whenever funds are appropriated for modernization of existing
school facilities, the ((state board of education)) superintendent of
public instruction, with recommendations from the school facilities
citizen advisory panel, is authorized to approve the use of such funds
for modernization of existing facilities, modernization being limited
to major structural changes in such facilities and, as necessary to
bring such facilities into compliance with the barrier free access
requirements of section 504 of the federal rehabilitation act of 1973
(29 U.S.C. Sec. 706) and rules implementing the act, both major and
minor structural changes, and may include as incidental thereto the
replacement of fixtures, fittings, furnishings and service systems of
a building in order to bring it up to a contemporary state consistent
with the needs of changing educational programs. The allocation of
such funds shall be made upon the same basis as funds used for the
financing of a new school plant project utilized for a similar purpose.
Sec. 303 RCW 28A.525.050 and 1969 ex.s. c 223 s 28A.47.080 are
each amended to read as follows:
All applications by school districts for state assistance in
providing school plant facilities shall be made to the superintendent
of public instruction ((in conformity with rules and regulations which
shall be prescribed by the state board of education)). Studies and
surveys shall be conducted by the ((aforesaid officer)) superintendent
for the purpose of securing information relating to (1) the kind and
extent of the school plant facilities required and the urgency of need
for such facilities in districts that seek state assistance, (2) the
ability of such districts to provide capital outlay funds by local
effort, (3) the need for improvement of school administrative units and
school attendance areas among or within such districts, and (4) any
other pertinent matters. Recommendations respecting action on the
((aforesaid)) applications shall be submitted to the ((state board of
education by the)) superintendent of public instruction ((together with
such reports of the findings, studies, and surveys made by said officer
as may be required by the state board)).
Sec. 304 RCW 28A.525.055 and 1994 c 219 s 11 are each amended to
read as follows:
The ((state board of education,)) rules adopted by the
superintendent of public instruction for ((purposes of)) determining
eligibility for state assistance for new construction((,)) shall
((adopt rules excluding)) exclude from the inventory of available
educational space those spaces that have been constructed for
educational and community activities from grants received from other
public or private entities.
Sec. 305 RCW 28A.525.070 and 1985 c 136 s 1 are each amended to
read as follows:
The superintendent of public instruction shall furnish (((1))) to
school districts seeking state assistance consultatory and advisory
service in connection with the development of school building programs
and the planning of school plant facilities for such district((, and
(2) to the state board of education such service as may be required by
the board in the exercise of the powers and the performance of the
duties vested in and required to be performed by the board)).
Sec. 306 RCW 28A.525.080 and 1969 ex.s. c 223 s 28A.47.120 are
each amended to read as follows:
Insofar as is permissible under acts of congress, funds made
available by the federal government for the purpose of assisting school
districts in providing school plant facilities shall be made available
to such districts in conformity with rules ((and regulations which))
that the ((state board of education)) superintendent, with
recommendations from the school facilities citizen advisory panel,
shall establish.
Sec. 307 RCW 28A.525.090 and 1999 c 313 s 2 are each amended to
read as follows:
(1) The ((state board of education)) superintendent of public
instruction, with recommendations from the school facilities citizen
advisory panel, shall adopt rules for appropriate use of the following
construction management techniques: Value engineering,
constructibility review, building commissioning, and construction
management. Rules adopted under this section shall:
(a) Define each technique as it applies to school buildings;
(b) Describe the scope of work for each technique;
(c) Define the timing for implementing each technique in the
construction process;
(d) Determine the appropriate size of projects for the use of each
technique; and
(e) Determine standards for qualification and performance for each
technique.
(2) Except as provided in rules adopted under subsection (1)(d) of
this section, in allocating state moneys provided under this chapter,
the state board of education shall include in funding for each project,
at the state matching percentage, the cost of each of the construction
management techniques listed in subsection (1) of this section.
(3) When assigning priority and allocating state funds for
construction of common school facilities, the ((state board of
education)) superintendent shall consider the adequacy of the
construction management techniques used by a district and the
compliance with the rules adopted under subsection (1) of this section.
(4) Except as provided in rules adopted under subsection (1)(d) of
this section, the construction management techniques in subsection (1)
of this section shall be used on each project submitted for approval by
the ((state board of education)) superintendent, with recommendations
from the school facilities citizen advisory panel.
(5)(a) School districts applying for state assistance for school
facilities shall:
(i) Cause value engineering, constructibility review, and building
commissioning to be performed by contract with a professional firm
specializing in those construction management techniques; and
(ii) Contract or employ personnel to perform professional
construction management.
(b) All recommendations from the value engineering and
constructibility review construction techniques for a school project
shall be presented to the school district's board of directors for
acceptance or rejection. If the board of directors rejects a
recommendation it shall provide a statement explaining the reasons for
rejecting the recommendation and include the statement in the
application for state assistance to the ((state board of education))
superintendent of public instruction.
(6) The office of the superintendent of public instruction shall
provide:
(a) An information and training program for school districts on the
use of the construction management techniques; and
(b) Consulting services to districts on the benefits and best uses
of these construction management techniques.
NEW SECTION. Sec. 308 A new section is added to chapter 28A.525
RCW to read as follows:
(1) To maintain citizen oversight on issues pertaining to school
facilities and funding for school construction, a school facilities
citizen advisory panel is hereby created. The panel shall advise and
make recommendations to the superintendent of public instruction
regarding school facilities, funding for school construction, joint
planning and financing of educational facilities, facility plans and
programs for nonhigh school districts, and determinations of remote and
necessary schools.
(2) The membership of the school facilities citizen advisory panel
shall be as follows:
(a) One member of the state board of education;
(b) Two school district directors representing school districts of
various sizes and geographic locations, who are appointed by the state
board of education and selected from a list of five names submitted to
the board by the Washington state school directors' association; and
(c) Four additional citizen members appointed by the state board of
education.
(3) Members of the panel shall be reimbursed for travel expenses in
accordance with RCW 43.03.050 and 43.03.060.
(4) In addition to the school facilities citizen advisory panel,
the superintendent of public instruction may convene a technical
advisory group including representatives from school business officers,
building and construction contracting and trade organizations,
architecture and engineering organizations, and other organizations
with expertise in school facilities. Such a technical advisory group
may advise both the superintendent and the school facilities citizen
advisory panel on school facilities issues.
Sec. 309 RCW 28A.525.162 and 1995 c 77 s 24 are each amended to
read as follows:
(1) Funds appropriated to the ((state board of education))
superintendent of public instruction from the common school
construction fund shall be allotted by the ((state board of education))
superintendent of public instruction, with recommendations from the
school facilities citizen advisory panel, in accordance with student
enrollment and the provisions of RCW 28A.525.200.
(2) No allotment shall be made to a school district until such
district has provided matching funds equal to or greater than the
difference between the total approved project cost and the amount of
state assistance to the district for financing the project computed
pursuant to RCW 28A.525.166, with the following exceptions:
(a) The ((state board)) superintendent of public instruction, with
recommendations from the school facilities citizen advisory panel, may
waive the matching requirement for districts which have provided funds
for school building construction purposes through the authorization of
bonds or through the authorization of excess tax levies or both in an
amount equivalent to two and one-half percent of the value of its
taxable property, as defined in RCW 39.36.015.
(b) No such matching funds shall be required as a condition to the
allotment of funds for the purpose of making major or minor structural
changes to existing school facilities in order to bring such facilities
into compliance with the barrier free access requirements of section
504 of the federal rehabilitation act of 1973 (29 U.S.C. Sec. 706) and
rules implementing the act.
(3) For the purpose of computing the state matching percentage
under RCW 28A.525.166 when a school district is granted authority to
enter into contracts, adjusted valuation per pupil shall be calculated
using headcount student enrollments from the most recent October
enrollment reports submitted by districts to the superintendent of
public instruction, adjusted as follows:
(a) In the case of projects for which local bonds were approved
after May 11, 1989:
(i) For districts which have been designated as serving high school
districts under RCW 28A.540.110, students residing in the nonhigh
district so designating shall be excluded from the enrollment count if
the student is enrolled in any grade level not offered by the nonhigh
district;
(ii) The enrollment of nonhigh school districts shall be increased
by the number of students residing within the district who are enrolled
in a serving high school district so designated by the nonhigh school
district under RCW 28A.540.110, including only students who are
enrolled in grade levels not offered by the nonhigh school district;
and
(iii) The number of preschool students with disabilities included
in the enrollment count shall be multiplied by one-half;
(b) In the case of construction or modernization of high school
facilities in districts serving students from nonhigh school districts,
the adjusted valuation per pupil shall be computed using the combined
adjusted valuations and enrollments of each district, each weighted by
the percentage of the district's resident high school students served
by the high school district; and
(c) The number of kindergarten students included in the enrollment
count shall be multiplied by one-half.
(4) The ((state board of education)) superintendent of public
instruction, with recommendations from the school facilities citizen
advisory panel, shall prescribe ((and make effective)) such rules as
are necessary to equate insofar as possible the efforts made by school
districts to provide capital funds by the means aforesaid.
(5) For the purposes of this section, "preschool students with
disabilities" means developmentally disabled children of preschool age
who are entitled to services under RCW 28A.155.010 through 28A.155.100
and are not included in the kindergarten enrollment count of the
district.
Sec. 310 RCW 28A.525.164 and 1990 c 33 s 456 are each amended to
read as follows:
In allotting the state funds provided by RCW ((28A.525.160 through
28A.525.182)) 28A.525.162 through 28A.525.180, the ((state board of
education)) superintendent of public instruction, with recommendations
from the school facilities citizen advisory panel, shall:
(1) Prescribe rules ((and regulations)) not inconsistent with RCW
((28A.525.160 through 28A.525.182)) 28A.525.162 through 28A.525.180
governing the administration, control, terms, conditions, and
disbursement of allotments to school districts to assist them in
providing school plant facilities;
(2) Approve((, whenever the board deems such action advisable,))
allotments to districts that apply for state assistance;
(3) Authorize the payment of approved allotments by warrant of the
state treasurer; and
(4) In the event that the amount of state assistance applied for
pursuant to the provisions hereof exceeds the funds available for such
assistance during any biennium, make allotments on the basis of the
urgency of need for school facilities in the districts that apply for
assistance or prorate allotments among such districts in conformity
with ((procedures and regulations)) applicable ((thereto which shall be
established by the board)) rules.
Sec. 311 RCW 28A.525.166 and 1997 c 369 s 9 are each amended to
read as follows:
Allocations to school districts of state funds provided by RCW
((28A.525.160 through 28A.525.182)) 28A.525.162 through 28A.525.180
shall be made by the ((state board of education)) superintendent of
public instruction, with recommendations from the school facilities
citizen advisory panel and the amount of state assistance to a school
district in financing a school plant project shall be determined in the
following manner:
(1) The boards of directors of the districts shall determine the
total cost of the proposed project, which cost may include the cost of
acquiring and preparing the site, the cost of constructing the building
or of acquiring a building and preparing the same for school use, the
cost of necessary equipment, taxes chargeable to the project, necessary
architects' fees, and a reasonable amount for contingencies and for
other necessary incidental expenses: PROVIDED, That the total cost of
the project shall be subject to review and approval by the ((state
board of education)) superintendent, with recommendations from the
school facilities citizen advisory panel.
(2) The state matching percentage for a school district shall be
computed by the following formula:
The ratio of the school district's adjusted valuation per pupil
divided by the ratio of the total state adjusted valuation per pupil
shall be subtracted from three, and then the result of the foregoing
shall be divided by three plus (the ratio of the school district's
adjusted valuation per pupil divided by the ratio of the total state
adjusted valuation per pupil).
| District adjusted | Total state | ||||||
| 3-valuation | ÷ | adjusted valuation | |||||
| Computed | per pupil | per pupil | State | ||||
| State | Assistance | ||||||
| Ratio | District adjusted | Total state | |||||
| 3+valuation | ÷ | adjusted valuation | |||||
| per pupil | per pupil | ||||||
Sec. 312 RCW 28A.525.168 and 1990 c 33 s 458 are each amended to
read as follows:
Whenever the voters of a school district authorize the issuance of
bonds and/or the levying of excess taxes in an amount sufficient to
meet the requirements of RCW 28A.525.162 respecting eligibility for
state assistance in providing school facilities, the taxable valuation
of the district and the percentage of state assistance in providing
school facilities prevailing at the time of such authorization shall be
the valuation and the percentage used for the purpose of determining
the eligibility of the district for an allotment of state funds and the
amount or amounts of such allotments, respectively, for all projects
for which the voters authorize capital funds as aforesaid, unless a
higher percentage of state assistance prevails on the date that state
funds for assistance in financing a project are allotted by the ((state
board of education)) superintendent of public instruction in which case
the percentage prevailing on the date of allotment by the ((state
board)) superintendent of funds for each project shall govern:
PROVIDED, That if the ((state board of education)) superintendent of
public instruction, with recommendations from the school facilities
citizen advisory panel, determines at any time that there has been
undue or unwarranted delay on the part of school district authorities
in advancing a project to the point of readiness for an allotment of
state funds, the taxable valuation of the school district and the
percentage of state assistance prevailing on the date that the
allotment is made shall be used for the purposes aforesaid: PROVIDED,
FURTHER, That the date ((herein)) specified in this section as
applicable in determining the eligibility of an individual school
district for state assistance and in determining the amount of such
assistance shall be applicable also to cases where it is necessary in
administering chapter 28A.540 RCW to determine eligibility for and the
amount of state assistance for a group of school districts considered
as a single school administrative unit.
Sec. 313 RCW 28A.525.170 and 1990 c 33 s 459 are each amended to
read as follows:
If a school district which has qualified for an allotment of state
funds under the provisions of RCW ((28A.525.160 through 28A.525.182))
28A.525.162 through 28A.525.180 for school building construction is
found by the ((state board of education)) superintendent of public
instruction, with recommendations from the school facilities citizen
advisory panel, to have a school housing emergency requiring an
allotment of state funds in excess of the amount allocable under RCW
28A.525.166, an additional allotment may be made to such district:
PROVIDED, That the total amount allotted shall not exceed ninety
percent of the total cost of the approved project which may include the
cost of the site and equipment. At any time thereafter when the
((state board of education)) superintendent, with recommendations from
the school facilities citizen advisory panel, finds that the financial
position of such school district has improved through an increase in
its taxable valuation or through retirement of bonded indebtedness or
through a reduction in school housing requirements, or for any
combination of these reasons, the amount of such additional allotment,
or any part of such amount as the ((state board of education))
superintendent, with recommendations from the school facilities citizen
advisory panel, determines, shall be deducted, under terms and
conditions prescribed by the ((board)) superintendent, with
recommendations from the school facilities citizen advisory panel, from
any state school building construction funds which might otherwise be
provided to such district.
Sec. 314 RCW 28A.525.172 and 1969 ex.s. c 244 s 7 are each
amended to read as follows:
All applications by school districts for state assistance in
providing school plant facilities shall be made to the superintendent
of public instruction in conformity with rules ((and regulations which
shall be prescribed)) adopted by the ((state board of education))
superintendent of public instruction, with recommendations from the
school facilities citizen advisory panel. Studies and surveys shall be
conducted by the ((state board)) superintendent for the purpose of
securing information relating to (a) the kind and extent of the school
plant facilities required and the urgency of need for such facilities
in districts that seek state assistance, (b) the ability of such
districts to provide capital funds by local effort, (c) the need for
improvement of school administrative units and school attendance areas
among or within such districts, and (d) any other pertinent matters.
Sec. 315 RCW 28A.525.174 and 1990 c 33 s 460 are each amended to
read as follows:
It shall be the duty of the ((state board of education))
superintendent of public instruction, in consultation with the
Washington state department of social and health services, to prepare
a manual and/or to specify other materials for the information and
guidance of local school district authorities and others responsible
for and concerned with the designing, planning, maintenance and
operation of school plant facilities for the public schools. In so
doing due consideration shall be given to the presentation of
information regarding (((a))) (1) the need for cooperative state-local
district action in planning school plant facilities arising out of the
cooperative plan for financing said facilities provided for in RCW
((28A.525.160 through 28A.525.182; (b))) 28A.525.162 through
28A.525.180; (2) procedures in inaugurating and conducting a school
plant planning program for a school district; (((c))) (3) standards for
use in determining the selection and development of school sites and in
designing, planning, and constructing school buildings to the end that
the health, safety, and educational well-being and development of
school children will be served; (((d))) (4) the planning of readily
expansible and flexible school buildings to meet the requirements of an
increasing school population and a constantly changing educational
program; (((e))) (5) an acceptable school building maintenance program
and the necessity therefor; (((f))) (6) the relationship of an
efficient school building operations service to the health and
educational progress of pupils; and (((g))) (7) any other matters
regarded by the ((state board)) superintendent as pertinent or related
to the purposes and requirements of RCW ((28A.525.160 through
28A.525.182)) 28A.525.162 through 28A.525.180.
Sec. 316 RCW 28A.525.176 and 1990 c 33 s 461 are each amended to
read as follows:
The ((state board of education)) superintendent of public
instruction shall furnish to school districts seeking state assistance
under the provisions of RCW ((28A.525.160 through 28A.525.182))
28A.525.162 through 28A.525.180 consultatory and advisory service in
connection with the development of school building programs and the
planning of school plant facilities.
Sec. 317 RCW 28A.525.178 and 1990 c 33 s 462 are each amended to
read as follows:
((Whenever in the judgment of the state board of education)) When
economies may be ((effected)) affected without impairing the usefulness
and adequacy of school buildings, ((said board)) the superintendent of
public instruction, with recommendations from the school facilities
citizen advisory panel, may prescribe rules ((and regulations)) and
establish procedures governing the preparation and use of modifiable
basic or standard plans for school building construction projects for
which state assistance funds provided by RCW ((28A.525.160 through
28A.525.182)) 28A.525.162 through 28A.525.180 are allotted.
Sec. 318 RCW 28A.525.180 and 1990 c 33 s 463 are each amended to
read as follows:
The total amount of funds appropriated under the provisions of RCW
((28A.525.160 through 28A.525.182)) 28A.525.162 through 28A.525.180
shall be reduced by the amount of federal funds made available during
each biennium for school construction purposes under any applicable
federal law. The funds appropriated by RCW ((28A.525.160 through
28A.525.182)) 28A.525.162 through 28A.525.180 and available for
allotment by the ((state board of education)) superintendent of public
instruction, with recommendations from the school facilities citizen
advisory panel, shall be reduced by the amount of such federal funds
made available. Notwithstanding the foregoing provisions of this
section, the total amount of funds appropriated by RCW ((28A.525.160
through 28A.525.182)) 28A.525.162 through 28A.525.180 shall not be
reduced by reason of any grants to any school district of federal
moneys paid under Public Law No. 815 or any other federal act
authorizing school building construction assistance to federally
affected areas.
Sec. 319 RCW 28A.525.190 and 1975 1st ex.s. c 98 s 2 are each
amended to read as follows:
The ((state board of education)) superintendent of public
instruction, with recommendations from the school facilities citizen
advisory panel shall prioritize the construction of common school
facilities only from funds appropriated and available in the common
school construction fund.
Sec. 320 RCW 28A.525.200 and 1990 c 33 s 465 are each amended to
read as follows:
Notwithstanding any other provision of RCW 28A.525.010 through
28A.525.222, the allocation and distribution of funds by the ((state
board of education which are now or may hereafter be appropriated))
superintendent of public instruction, with recommendations from the
school facilities citizen advisory panel, for the purposes of providing
assistance in the construction of school plant facilities shall be
governed by ((RCW 28A.525.010 through 28A.525.080 and 28A.525.162
through 28A.525.178)) this chapter.
Sec. 321 RCW 28A.525.216 and 1990 c 33 s 467 are each amended to
read as follows:
The proceeds from the sale of the bonds deposited under RCW
28A.525.214 in the common school construction fund shall be
administered by the ((state board of education)) superintendent of
public instruction, with recommendations from the school facilities
citizen advisory panel.
Sec. 322 RCW 28A.150.260 and 1997 c 13 s 2 are each amended to
read as follows:
The basic education allocation for each annual average full time
equivalent student shall be determined in accordance with the following
procedures:
(1) The governor shall and the superintendent of public instruction
may recommend to the legislature a formula based on a ratio of students
to staff for the distribution of a basic education allocation for each
annual average full time equivalent student enrolled in a common
school. The distribution formula shall have the primary objective of
equalizing educational opportunities and shall provide appropriate
recognition of the following costs among the various districts within
the state:
(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 of remote and necessary schools as judged
by the superintendent of public instruction, with recommendations from
the school facilities citizen advisory panel under section 308 of this
act, 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) 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) 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. 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. The definition
of full time equivalent student shall be determined by rules of the
superintendent of public instruction: PROVIDED, That the definition
shall be included as part of the superintendent's biennial budget
request: PROVIDED, FURTHER, That any revision of the present
definition shall not take effect until approved by the house
appropriations committee and the senate ways and means committee:
PROVIDED, FURTHER, That the office of financial management shall make
a monthly review of the superintendent's reported full time equivalent
students in the common schools in conjunction with RCW 43.62.050.
(3)(a) Certificated 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. 323 RCW 28A.335.160 and 1995 c 335 s 604 are each amended to
read as follows:
Any school district may cooperate with one or more school districts
in the joint financing, planning, construction, equipping and operating
of any educational facility otherwise authorized by law: PROVIDED,
That any cooperative financing plan involving the construction of
school plant facilities must be approved by the ((state board of
education)) superintendent of public instruction, with recommendations
from the school facilities citizen advisory panel under section 308 of
this act, pursuant to such rules ((as may now or hereafter be
promulgated)) adopted relating to state approval of school
construction.
Sec. 324 RCW 28A.540.050 and 1990 c 33 s 485 are each amended to
read as follows:
Subsequent to the holding of a hearing or hearings as provided in
RCW 28A.540.040, the regional committee on school district organization
shall determine the nonhigh school districts to be included in the plan
and the amount of capital funds to be provided by every school district
included therein, and shall submit the proposed plan to the ((state
board of education)) superintendent of public instruction together with
such maps and other materials pertaining thereto as the ((state board))
superintendent may require. The ((state board)) superintendent, with
recommendations from the school facilities citizen advisory panel under
section 308 of this act, shall review such plan, shall approve any plan
which in ((its)) his or her judgment makes adequate and satisfactory
provision for participation by the nonhigh school districts in
providing capital funds to be used for the purpose above stated, and
shall notify the regional committee of such action. Upon receipt by
the regional committee of such notification, the educational service
district superintendent, or his or her designee, shall notify the board
of directors of each school district included in the plan, supplying
each board with complete details of the plan and shall state the total
amount of funds to be provided and the amount to be provided by each
district.
If any such plan submitted by a regional committee is not approved
by the ((state board)) superintendent of public instruction, the
regional committee shall be so notified, which notification shall
contain a statement of reasons therefor and suggestions for revision.
Within sixty days thereafter the regional committee shall submit to the
((state board)) superintendent a revised plan which revision shall be
subject to approval or disapproval by the ((state board))
superintendent, with recommendations from the school facilities citizen
advisory panel, and the procedural requirements and provisions of law
applicable to an original plan submitted to ((said board)) the
superintendent.
NEW SECTION. Sec. 325 A new section is added to chapter 28A.545
RCW to read as follows:
The superintendent of public instruction, with recommendations from
the school facilities citizen advisory panel under section 308 of this
act, shall adopt rules 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
superintendent of public instruction.
Sec. 326 RCW 28A.150.530 and 2005 c 12 s 7 are each amended to
read as follows:
(1) In adopting implementation rules, ((the state board of
education, in consultation with)) the superintendent of public
instruction ((and)), in consultation with the department of general
administration, shall review and modify the current requirement for an
energy conservation report review by the department of general
administration as provided in WAC 180-27-075.
(2) In adopting implementation rules, ((the state board of
education, in consultation with)) the superintendent of public
instruction shall:
(a) Review and modify the current requirements for value
engineering, constructability review, and building commissioning as
provided in WAC 180-27-080;
(b) Review private and public utility providers' capacity and
financial/technical assistance programs for affected public school
districts to monitor and report utility consumption for purposes of
reporting to the superintendent of public instruction as provided in
RCW 39.35D.040;
(c) Coordinate with the department of general administration, the
state board of health, the department of ecology, federal agencies, and
other affected agencies as appropriate in their consideration of rules
to implement this section.
Sec. 327 RCW 28A.335.210 and 2005 c 36 s 1 are each amended to
read as follows:
The ((state board of education and)) superintendent of public
instruction shall allocate, as a nondeductible item, out of any moneys
appropriated for state assistance to school districts for the original
construction of any school plant facility the amount of one-half of one
percent of the appropriation to be expended by the Washington state
arts commission for the acquisition of works of art. The works of art
may be placed in accordance with Article IX, sections 2 and 3 of the
state Constitution on public lands, integral to or attached to a public
building or structure, detached within or outside a public building or
structure, part of a portable exhibition or collection, part of a
temporary exhibition, or loaned or exhibited in other public
facilities. The Washington state arts commission shall, in
consultation with the superintendent of public instruction, determine
the amount to be made available for the purchase of works of art under
this section, and payments therefor shall be made in accordance with
law. The designation of projects and sites, selection, contracting,
purchase, commissioning, reviewing of design, execution and placement,
acceptance, maintenance, and sale, exchange, or disposition of works of
art shall be the responsibility of the Washington state arts commission
in consultation with the superintendent of public instruction and
representatives of school district boards of directors. The
superintendent of public instruction and the school district board of
directors of the districts where the sites are selected shall have the
right to:
(1) Waive its use of the one-half of one percent of the
appropriation for the acquisition of works of art before the selection
process by the Washington state arts commission;
(2) Appoint a representative to the body established by the
Washington state arts commission to be part of the selection process
with full voting rights;
(3) Reject the results of the selection process;
(4) Reject the placement of a completed work or works of art on
school district premises if such works are portable.
Rejection at any point before or after the selection process shall
not cause the loss of or otherwise endanger state construction funds
available to the local school district. Any works of art rejected
under this section shall be applied to the provision of works of art
under this chapter, at the discretion of the Washington state arts
commission, notwithstanding any contract or agreement between the
affected school district and the artist involved. In addition to the
cost of the works of art the one-half of one percent of the
appropriation as provided ((herein)) in this section shall be used to
provide for the administration, including conservation of the state art
collection, by the Washington state arts commission and all costs for
installation of the work of art. For the purpose of this section
building shall not include sheds, warehouses, or other buildings of a
temporary nature.
The executive director of the arts commission, the superintendent
of public instruction, and the Washington state school directors
association shall appoint a study group to review the operations of the
one-half of one percent for works of art under this section.
Sec. 328 RCW 28A.335.230 and 1987 c 112 s 1 are each amended to
read as follows:
School districts shall be required to lease for a reasonable fee
vacant school plant facilities from a contiguous school district
wherever possible.
No school district with unhoused students may be eligible for the
state matching funds for the construction of school plant facilities
if:
(1) The school district contiguous to the school district applying
for the state matching percentage has vacant school plant facilities;
(2) The superintendent of public instruction ((and the state board
of education have)) has determined the vacant school plant facilities
available in the contiguous district will fulfill the needs of the
applicant district in housing unhoused students. In determining
whether the contiguous district school plant facilities meet the needs
of the applicant district, consideration shall be given, but not
limited to the geographic location of the vacant facilities as they
relate to the applicant district; and
(3) A lease of the vacant school plant facilities can be
negotiated.
Sec. 329 RCW 28A.540.070 and 1990 c 33 s 486 are each amended to
read as follows:
In the event that a proposal or proposals for providing capital
funds as provided in RCW 28A.540.060 is not approved by the voters of
a nonhigh school district a second election thereon shall be held
within sixty days thereafter. If the vote of the electors of the
nonhigh school district is again in the negative, the high school
students residing therein shall not be entitled to admission to the
high school under the provisions of RCW 28A.225.210, following the
close of the school year during which the second election is held:
PROVIDED, That in any such case the regional committee on school
district organization shall determine within thirty days after the date
of the aforesaid election the advisability of initiating a proposal for
annexation of such nonhigh school district to the school district in
which the proposed facilities are to be located or to some other
district where its students can attend high school without undue
inconvenience: PROVIDED FURTHER, That pending such determination by
the regional committee and action thereon as required by law the board
of directors of the high school district shall continue to admit high
school students residing in the nonhigh school district. Any proposal
for annexation of a nonhigh school district initiated by a regional
committee shall be subject to the procedural requirements of this
chapter respecting a public hearing and submission to and approval by
the ((state board of education)) superintendent of public instruction,
with recommendations from the school facilities citizen advisory panel
under section 308 of this act. Upon approval by the ((state board))
superintendent of public instruction of any such proposal, the
educational service district superintendent shall make an order,
establishing the annexation.
NEW SECTION. Sec. 330 The following sections are each
decodified:
RCW 28A.525.120
RCW 28A.525.122
RCW 28A.525.124
RCW 28A.525.126
RCW 28A.525.128
RCW 28A.525.130
RCW 28A.525.132
RCW 28A.525.134
RCW 28A.525.140
RCW 28A.525.142
RCW 28A.525.144
RCW 28A.525.146
RCW 28A.525.148
RCW 28A.525.150
RCW 28A.525.152
RCW 28A.525.154
RCW 28A.525.156
RCW 28A.525.158
RCW 28A.525.160
RCW 28A.525.182
Sec. 401 RCW 28A.305.220 and 2004 c 19 s 108 are each amended to
read as follows:
(1) The ((state board of education)) superintendent of public
instruction, in consultation with the higher education coordinating
board, the state board for community and technical colleges, and the
work force training and education coordinating board, shall develop for
use by all public school districts a standardized high school
transcript. The ((state board of education)) superintendent shall
establish clear definitions for the terms "credits" and "hours" so that
school programs operating on the quarter, semester, or trimester system
can be compared.
(2) The standardized high school transcript shall include the
following information:
(a) The highest scale score and level achieved in each content area
on the high school Washington assessment of student learning or other
high school measures successfully completed by the student as provided
by RCW 28A.655.061 and 28A.155.045;
(b) All scholar designations as provided by RCW 28A.655.061;
(c) A notation of whether the student has earned a certificate of
individual achievement or a certificate of academic achievement by
means of the Washington assessment of student learning or by an
alternative assessment.
(3) Transcripts are important documents to students who will apply
for admission to postsecondary institutions of higher education.
Transcripts are also important to students who will seek employment
upon or prior to graduation from high school. It is recognized that
student transcripts may be the only record available to employers in
their decision-making processes regarding prospective employees. The
superintendent of public instruction shall require school districts to
inform annually all high school students that prospective employers may
request to see transcripts and that the prospective employee's decision
to release transcripts can be an important part of the process of
applying for employment.
Sec. 402 RCW 28A.230.100 and 1991 c 116 s 8 are each amended to
read as follows:
The ((state board of education)) superintendent of public
instruction, in consultation with the higher education coordinating
board, the state board for community and technical colleges, and the
work force training and education coordinating board, shall adopt rules
pursuant to chapter 34.05 RCW, to implement the course requirements set
forth in RCW 28A.230.090. The rules shall include, as the ((state
board)) superintendent deems necessary, granting equivalencies for and
temporary exemptions from the course requirements in RCW 28A.230.090
and special alterations of the course requirements in RCW 28A.230.090.
In developing such rules the ((state board)) superintendent shall
recognize the relevance of vocational and applied courses and allow
such courses to fulfill in whole or in part the courses required for
graduation in RCW 28A.230.090. The rules may include provisions for
competency testing in lieu of such courses required for graduation in
RCW 28A.230.090 or demonstration of specific skill proficiency or
understanding of concepts through work or experience.
Sec. 403 RCW 28A.230.170 and 1985 c 341 s 1 are each amended to
read as follows:
The study of the Constitution of the United States and the
Constitution of the state of Washington shall be a condition
prerequisite to graduation from the public and private high schools of
this state. The ((state board of education acting upon the advice of
the)) superintendent of public instruction shall provide by rule ((or
regulation)) for the implementation of this section.
NEW SECTION. Sec. 404 The state board of education, in
consultation with the state board for community and technical colleges,
shall examine the statutory authority, rules, and jurisdiction between
the K-12 and postsecondary education systems regarding the general
educational development test and adult education. The board shall make
recommendations for change or clarification to the education committees
of the legislature by January 15, 2007.
Sec. 405 RCW 28A.305.170 and 2002 c 291 s 3 are each amended to
read as follows:
(1) In addition to any other powers and duties as provided by law,
the ((state board of education)) superintendent of public instruction,
in consultation with the military department, shall adopt rules
governing and authorizing the acceptance of national guard high school
career training and the national guard youth challenge program in lieu
of either required high school credits or elective high school credits.
(2) With the exception of students enrolled in the national guard
youth challenge program, students enrolled in such national guard
programs shall be considered enrolled in the common school last
attended preceding enrollment in such national guard program.
(3) The ((board)) superintendent shall adopt rules to ensure that
students who successfully complete the national guard youth challenge
program are granted an appropriate number of high school credits, based
on the students' levels of academic proficiency as measured by the
program.
Sec. 406 RCW 28A.230.130 and 2003 c 49 s 2 are each amended to
read as follows:
(1) All public high schools of the state shall provide a program,
directly or in cooperation with a community college or another school
district, for students whose educational plans include application for
entrance to a baccalaureate-granting institution after being granted a
high school diploma. The program shall help these students to meet at
least the minimum entrance requirements under RCW 28B.10.050.
(2) All public high schools of the state shall provide a program,
directly or in cooperation with a community or technical college, a
skills center, an apprenticeship committee, or another school district,
for students who plan to pursue career or work opportunities other than
entrance to a baccalaureate-granting institution after being granted a
high school diploma. These programs may:
(a) Help students demonstrate the application of essential academic
learning requirements to the world of work, occupation-specific skills,
knowledge of more than one career in a chosen pathway, and
employability and leadership skills; and
(b) Help students demonstrate the knowledge and skill needed to
prepare for industry certification, and/or have the opportunity to
articulate to postsecondary education and training programs.
(((3) The state board of education, upon request from local school
districts, may grant waivers from the requirements to provide the
program described in subsections (1) and (2) of this section for
reasons relating to school district size and the availability of staff
authorized to teach subjects which must be provided. In considering
waiver requests related to programs in subsection (2) of this section,
the state board of education shall consider the extent to which the
school district has offered such programs before the 2003-04 school
year.))
Sec. 407 RCW 28A.205.010 and 2005 c 497 s 214 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 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)) superintendent of public
instruction 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)) superintendent finds that a center fails to provide
adequate instruction in basic academic skills. No education center
certified by the ((state board of education)) superintendent of public
instruction 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. 408 RCW 28A.215.010 and 1995 c 335 s 104 are each amended to
read as follows:
The board of directors of any school district shall have the power
to establish and maintain preschools and to provide before-and-after-school and vacation care in connection with the common schools of said
district located at such points as the board shall deem most suitable
for the convenience of the public, for the care and instruction of
infants and children residing in said district. The board shall
establish such courses, activities, rules, and regulations governing
preschools and before-and-after-school care as it may deem best:
PROVIDED, That these courses and activities shall meet the minimum
standard for such preschools as established by the United States
department of health, education and welfare, or its successor agency,
and the ((state board of education)) superintendent of public
instruction. Except as otherwise provided by state or federal law, the
board of directors may fix a reasonable charge for the care and
instruction of children attending such schools. The board may, if
necessary, supplement such funds as are received for the superintendent
of public instruction or any agency of the federal government, by an
appropriation from the general school fund of the district.
Sec. 409 RCW 28A.215.020 and 1995 c 335 s 308 are each amended to
read as follows:
Expenditures under federal funds and/state board of education))
superintendent of public instruction shall make necessary rules ((and
regulations)) to carry out the purpose of RCW 28A.215.010. After being
notified by the office of the governor that there is an agency or
department responsible for early learning, the superintendent shall
consult with that agency when establishing relevant rules.
Sec. 410 RCW 28A.205.040 and 1999 c 348 s 4 are each amended to
read as follows:
(1)(a) From funds appropriated for that purpose, the superintendent
of public instruction shall pay fees to a certified center on a monthly
basis for each student enrolled in compliance with RCW 28A.205.020.
The superintendent shall set fees by rule.
(b) Revisions in such fees proposed by an education center shall
become effective after thirty days notice unless the superintendent
finds such a revision is unreasonable in which case the revision shall
not take effect. ((An education center may, within fifteen days after
such a finding by the superintendent, file notification of appeal with
the state board of education which shall, no later than its second
regularly scheduled meeting following notification of such appeal,
either grant or deny the proposed revision.)) The administration of
any general education development test shall not be a part of such
initial diagnostic procedure.
(c) Reimbursements shall not be made for students who are absent.
(d) No center shall make any charge to any student, or the
student's parent, guardian or custodian, for whom a fee is being
received under the provisions of this section.
(2) Payments shall be made from available funds first to those
centers that have in the judgment of the superintendent demonstrated
superior performance based upon consideration of students' educational
gains taking into account such students' backgrounds, and upon
consideration of cost effectiveness. In considering the cost
effectiveness of nonprofit centers the superintendent shall take into
account not only payments made under this section but also factors such
as tax exemptions, direct and indirect subsidies or any other cost to
taxpayers at any level of government which result from such nonprofit
status.
(3) To be eligible for such payment, every such center, without
prior notice, shall permit a review of its accounting records by
personnel of the state auditor during normal business hours.
(4) If total funds for this purpose approach depletion, the
superintendent shall notify the centers of the date after which further
funds for reimbursement of the centers' services will be exhausted.
Sec. 411 RCW 28A.215.140 and 1988 c 174 s 5 are each amended to
read as follows:
The department shall establish an advisory committee composed of
interested parents and representatives from ((the state board of
education,)) the office of the superintendent of public instruction,
the division of children and family services within the department of
social and health services, early childhood education and development
staff preparation programs, the head start programs, school districts,
and such other community and business organizations as deemed necessary
by the department to assist with the establishment of the preschool
program and advise the department on matters regarding the on-going
promotion and operation of the program.
Sec. 412 RCW 28A.230.020 and 1991 c 116 s 6 are each amended to
read as follows:
All common schools shall give instruction in reading, penmanship,
orthography, written and mental arithmetic, geography, the history of
the United States, English grammar, physiology and hygiene with special
reference to the effects of alcohol and drug abuse on the human system,
science with special reference to the environment, and such other
studies as may be prescribed by rule ((or regulation)) of the ((state
board of education)) superintendent of public instruction. All
teachers shall stress the importance of the cultivation of manners, the
fundamental principles of honesty, honor, industry and economy, the
minimum requisites for good health including the beneficial effect of
physical exercise and methods to prevent exposure to and transmission
of sexually transmitted diseases, and the worth of kindness to all
living creatures and the land. The prevention of child abuse may be
offered as part of the curriculum in the common schools.
Sec. 413 RCW 28A.230.040 and 1984 c 52 s 1 are each amended to
read as follows:
Every pupil attending grades one through eight of the public
schools shall receive instruction in physical education as prescribed
by rule ((or regulation)) of the ((state board of education))
superintendent of public instruction: PROVIDED, That individual pupils
or students may be excused on account of physical disability, religious
belief, or participation in directed athletics.
Sec. 414 RCW 28A.230.050 and 1985 c 384 s 3 are each amended to
read as follows:
All high schools of the state shall emphasize the work of physical
education, and carry into effect all physical education requirements
established by rule ((or regulation)) of the ((state board of
education)) superintendent of public instruction: PROVIDED, That
individual students may be excused from participating in physical
education otherwise required under this section on account of physical
disability, employment, or religious belief, or because of
participation in directed athletics or military science and tactics or
for other good cause.
Sec. 415 RCW 28A.330.100 and 1995 c 335 s 503 and 1995 c 77 s 22
are each reenacted and amended to read as follows:
Every board of directors of a school district of the first class,
in addition to the general powers for directors enumerated in this
title, shall have the power:
(1) To employ for a term of not exceeding three years a
superintendent of schools of the district, and for cause to dismiss him
or her((;)), and to fix his or her duties and compensation((.));
(2) To employ, and for cause dismiss one or more assistant
superintendents and to define their duties and fix their
compensation((.));
(3) To employ a business manager, attorneys, architects, inspectors
of construction, superintendents of buildings and a superintendent of
supplies, all of whom shall serve at the board's pleasure, and to
prescribe their duties and fix their compensation((.));
(4) To employ, and for cause dismiss, supervisors of instruction
and to define their duties and fix their compensation((.));
(5) To prescribe a course of study and a program of exercises which
shall be consistent with the course of study prepared by the ((state
board of education)) superintendent of public instruction for the use
of the common schools of this state((.));
(6) To, in addition to the minimum requirements imposed by this
title establish and maintain such grades and departments, including
night, high, kindergarten, vocational training and, except as otherwise
provided by law, industrial schools, and schools and departments for
the education and training of any class or classes of youth with
disabilities, as in the judgment of the board, best shall promote the
interests of education in the district((.));
(7) To determine the length of time over and above one hundred
eighty days that school shall be maintained: PROVIDED, That for
purposes of apportionment no district shall be credited with more than
one hundred and eighty-three days' attendance in any school year; and
to fix the time for annual opening and closing of schools and for the
daily dismissal of pupils before the regular time for closing
schools((.));
(8) To maintain a shop and repair department, and to employ, and
for cause dismiss, a foreman and the necessary help for the maintenance
and conduct thereof((.));
(9) To provide free textbooks and supplies for all children
attending school((.));
(10) To require of the officers or employees of the district to
give a bond for the honest performance of their duties in such penal
sum as may be fixed by the board with good and sufficient surety, and
to cause the premium for all bonds required of all such officers or
employees to be paid by the district: PROVIDED, That the board may, by
written policy, allow that such bonds may include a deductible proviso
not to exceed two percent of the officer's or employee's annual
salary((.));
(11) To prohibit all secret fraternities and sororities among the
students in any of the schools of the said districts((.)); and
(12) To appoint a practicing physician, resident of the school
district, who shall be known as the school district medical inspector,
and whose duty it shall be to decide for the board of directors all
questions of sanitation and health affecting the safety and welfare of
the public schools of the district who shall serve at the board's
pleasure: PROVIDED, That children shall not be required to submit to
vaccination against the will of their parents or guardian.
NEW SECTION. Sec. 416 RCW 28A.305.220 is recodified as a new
section in chapter 28A.230 RCW.
NEW SECTION. Sec. 417 RCW 28A.305.170 is recodified as a new
section in chapter 28A.300 RCW.
Sec. 501 RCW 28A.315.175 and 1999 c 315 s 302 are each amended to
read as follows:
((The powers and duties of the state board with respect to this
chapter shall be)) The superintendent of public instruction shall:
(1) ((To)) Aid regional committees in the performance of their
duties by furnishing them with plans of procedure, standards, data,
maps, forms, and other necessary materials and services essential to a
study and understanding of the problems of school district organization
in their respective educational service districts((.)); and
(2) ((To hear appeals as provided in RCW 28A.315.205)) Carry out
powers and duties of the superintendent of public instruction relating
to the organization and reorganization of school districts.
Sec. 502 RCW 28A.315.195 and 2003 c 413 s 2 are each amended to
read as follows:
(1) A proposed change in school district organization by transfer
of territory from one school district to another may be initiated by a
petition in writing presented to the educational service district
superintendent:
(a) Signed by at least fifty percent plus one of the active
registered voters residing in the territory proposed to be transferred;
or
(b) Signed by a majority of the members of the board of directors
of one of the districts affected by a proposed transfer of territory.
(2) The petition shall state the name and number of each district
affected, describe the boundaries of the territory proposed to be
transferred, and state the reasons for desiring the change and the
number of children of school age, if any, residing in the territory.
(3) The educational service district superintendent shall not
complete any transfer of territory under this section that involves ten
percent or more of the common school student population of the entire
district from which the transfer is proposed, unless the educational
service district superintendent has first called and held a special
election of the voters of the entire school district from which the
transfer of territory is proposed. The purpose of the election is to
afford those voters an opportunity to approve or reject the proposed
transfer. A simple majority shall determine approval or rejection.
(4) The ((state board)) superintendent of public instruction may
establish rules limiting the frequency of petitions that may be filed
pertaining to territory included in whole or in part in a previous
petition.
(5) Upon receipt of the petition, the educational service district
superintendent shall notify in writing the affected districts that:
(a) Each school district board of directors, whether or not
initiating a proposed transfer of territory, is required to enter into
negotiations with the affected district or districts;
(b) In the case of a citizen-initiated petition, the affected
districts must negotiate on the entire proposed transfer of territory;
(c) The districts have ninety calendar days in which to agree to
the proposed transfer of territory;
(d) The districts may request and shall be granted by the
educational service district superintendent one thirty-day extension to
try to reach agreement; and
(e) Any district involved in the negotiations may at any time
during the ninety-day period notify the educational service district
superintendent in writing that agreement will not be possible.
(6) If the negotiating school boards cannot come to agreement about
the proposed transfer of territory, the educational service district
superintendent, if requested by the affected districts, shall appoint
a mediator. The mediator has thirty days to work with the affected
school districts to see if an agreement can be reached on the proposed
transfer of territory.
(7) If the affected school districts cannot come to agreement about
the proposed transfer of territory, and the districts do not request
the services of a mediator or the mediator was unable to bring the
districts to agreement, either district may file with the educational
service district superintendent a written request for a hearing by the
regional committee.
(8) If the affected school districts cannot come to agreement about
the proposed transfer of territory initiated by citizen petition, and
the districts do not request the services of a mediator or the mediator
was unable to bring the districts to agreement, the district in which
the citizens who filed the petition reside shall file with the
educational service district superintendent a written request for a
hearing by the regional committee, unless a majority of the citizen
petitioners request otherwise.
(9) Upon receipt of a notice under subsection (7) or (8) of this
section, the educational service district superintendent shall notify
the chair of the regional committee in writing within ten days.
(10) Costs incurred by school districts under this section shall be
reimbursed by the state from such funds as are appropriated for this
purpose.
Sec. 503 RCW 28A.315.205 and 2003 c 413 s 1 are each amended to
read as follows:
(1) The chair of the regional committee shall schedule a hearing on
the proposed transfer of territory at a location in the educational
service district within sixty calendar days of being notified under RCW
28A.315.195 (7) or (8).
(2) Within thirty calendar days of the hearing under subsection (1)
of this section, or final hearing if more than one is held by the
committee, the committee shall issue its written findings and decision
to approve or disapprove the proposed transfer of territory. The
educational service district superintendent shall transmit a copy of
the committee's decision to the superintendents of the affected school
districts within ten calendar days.
(3) In carrying out the purposes of RCW 28A.315.015 and in making
decisions as authorized under RCW 28A.315.095(1), the regional
committee shall base its judgment upon whether and to the extent the
proposed change in school district organization complies with RCW
28A.315.015(2) and rules adopted by the ((state board)) superintendent
of public instruction under chapter 34.05 RCW.
(4) ((State board)) The rules under subsection (3) of this section
shall provide for giving consideration to all of the following:
(a) Student educational opportunities as measured by the percentage
of students performing at each level of the statewide mandated
assessments and data regarding student attendance, graduation, and
dropout rates;
(b) The safety and welfare of pupils. For the purposes of this
subsection, "safety" means freedom or protection from danger, injury,
or damage and "welfare" means a positive condition or influence
regarding health, character, and well-being;
(c) The history and relationship of the property affected to the
students and communities affected, including, for example, inclusion
within a single school district, for school attendance and
corresponding tax support purposes, of entire master planned
communities that were or are to be developed pursuant to an integrated
commercial and residential development plan with over one thousand
dwelling units;
(d) Whether or not geographic accessibility warrants a favorable
consideration of a recommended change in school district organization,
including remoteness or isolation of places of residence and time
required to travel to and from school; and
(e) All funding sources of the affected districts, equalization
among school districts of the tax burden for general fund and capital
purposes through a reduction in disparities in per pupil valuation when
all funding sources are considered, improvement in the economies in the
administration and operation of schools, and the extent the proposed
change would potentially reduce or increase the individual and
aggregate transportation costs of the affected school districts.
(((5)(a)(i) A petitioner or school district may appeal a decision
by the regional committee to the state board based on the claim that
the regional committee failed to follow the applicable statutory and
regulatory procedures or acted in an arbitrary and capricious manner.
Any such appeal shall be based on the record and the appeal must be
filed within thirty days of the final decision of the regional
committee.))
(ii) If the state board finds that all applicable procedures were
not followed or that the regional committee acted in an arbitrary and
capricious manner, it shall refer the matter back to the regional
committee with an explanation of the board's findings. The regional
committee shall rehear the proposal.
(iii) If the state board finds that all applicable procedures were
followed or that the regional committee did not act in an arbitrary and
capricious manner, depending on the appeal, the educational service
district shall be notified and directed to implement the changes.
(b) Any school district or citizen petitioner affected by a final
decision of the regional committee may seek judicial review of the
committee's decision in accordance with RCW 34.05.570.
NEW SECTION. Sec. 504 A new section is added to chapter 28A.315
RCW to read as follows:
Any school district or citizen petitioner affected by a final
decision of the regional committee may seek an appeal in accordance
with the administrative procedure act, chapter 34.05 RCW.
Sec. 505 RCW 28A.315.015 and 1999 c 315 s 101 are each amended to
read as follows:
(1) It is the purpose of this chapter to:
(a) Incorporate into a single, comprehensive, school district
organization law all essential provisions governing:
(i) The formation and establishment of new school districts;
(ii) The alteration of the boundaries of existing districts; and
(iii) The adjustment of the assets and liabilities of school
districts when changes are made under this chapter; and
(b) Establish methods and procedures whereby changes in the school
district system may be brought about by the people concerned and
affected.
(2) It is the state's policy that decisions on proposed changes in
school district organization should be made, whenever possible, by
negotiated agreement between the affected school districts. If the
districts cannot agree, the decision shall be made by the regional
committees on school district organization, based on the committees'
best judgment, taking into consideration the following factors and
factors under RCW 28A.315.205:
(a) A balance of local petition requests and the needs of the
statewide community at large in a manner that advances the best
interest of public education in the affected school districts and
communities, the educational service district, and the state;
(b) Responsibly serving all of the affected citizens and students
by contributing to logical service boundaries and recognizing a
changing economic pattern within the educational service districts of
the state;
(c) Enhancing the educational opportunities of pupils in the
territory by reducing existing disparities among the affected school
districts' ability to provide operating and capital funds through an
equitable adjustment of the assets and liabilities of the affected
districts;
(d) Promoting a wiser use of public funds through improvement in
the school district system of the educational service districts and the
state; and
(e) Other criteria or considerations as may be established in rule
by the ((state board of education)) superintendent of public
instruction.
(3) It is neither the intent nor purpose of this chapter to apply
to organizational changes and the procedure therefor relating to
capital fund aid by nonhigh school districts as provided for in chapter
28A.540 RCW.
Sec. 506 RCW 28A.315.025 and 1990 c 33 s 293 are each amended to
read as follows:
As used in this chapter:
(1) "Change in the organization and extent of school districts"
means the formation and establishment of new school districts, the
dissolution of existing school districts, the alteration of the
boundaries of existing school districts, or all of them.
(2) "Regional committee" means the regional committee on school
district organization created by this chapter.
(3) (("State board" means the state board of education.)) "School district" means the territory under the jurisdiction
of a single governing board designated and referred to as the board of
directors.
(4)
(((5))) (4) "Educational service district superintendent" means the
educational service district superintendent as provided for in RCW
28A.310.170 or his or her designee.
Sec. 507 RCW 28A.315.055 and 1999 c 315 s 203 are each amended to
read as follows:
In case the boundaries of any of the school districts are
conflicting or incorrectly described, the educational service district
board of directors, after due notice and a public hearing, shall
change, harmonize, and describe them and shall so certify, with a
complete transcript of boundaries of all districts affected, such
action to the ((state board)) superintendent of public instruction for
((its)) approval or revision. Upon receipt of notification of ((state
board)) action by the superintendent of public instruction, the
educational service district superintendent shall transmit to the
county legislative authority of the county or counties in which the
affected districts are located a complete transcript of the boundaries
of all districts affected.
Sec. 508 RCW 28A.315.085 and 2005 c 497 s 405 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)). Members
shall be reimbursed ((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.305.011)).
(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.
Sec. 509 RCW 28A.315.125 and 1993 c 416 s 2 are each amended to
read as follows:
The members of each regional committee shall be elected in the
following manner:
(1) On or before the 25th day of September, 1994, and not later
than the 25th day of September of every subsequent even-numbered year,
each superintendent of an educational service district shall call an
election to be held in each educational service district within which
resides a member of a regional committee whose term of office expires
on the second Monday of January next following, and shall give written
notice thereof to each member of the board of directors of each school
district in the educational service district. Such notice shall
include instructions, and the rules ((and regulations)) established by
the ((state board of education)) superintendent of public instruction
for the conduct of the election. The ((state board of education))
superintendent of public instruction is ((hereby)) empowered to adopt
rules pursuant to chapter 34.05 RCW which establish standards and
procedures which the ((state board)) superintendent deems necessary to
conduct elections pursuant to this section; to conduct run-off
elections in the event an election for a position is indecisive; and to
decide run-off elections which result in tie votes, in a fair and
orderly manner.
(2) Candidates for membership on a regional committee shall file a
declaration of candidacy with the superintendent of the educational
service district wherein they reside. Declarations of candidacy may be
filed by person or by mail not earlier than the 1st day of October, and
not later than the 15th day of October of each even-numbered year. The
superintendent may not accept any declaration of candidacy that is not
on file in his or her office or not postmarked before the 16th day of
October, or if not postmarked or the postmark is not legible, if
received by mail after the 20th day of October of each even-numbered
year.
(3) Each member of the regional committee shall be elected by a
majority of the votes cast for all candidates for the position by the
members of the boards of directors of school districts in the
educational service district. All votes shall be cast by mail ballot
addressed to the superintendent of the educational service district
wherein the school director resides. No votes shall be accepted for
counting if postmarked after the 16th day of November or if not
postmarked or the postmark is not legible, if received by mail after
the 21st day of November of each even-numbered year. An election board
comprised of three persons appointed by the board of the educational
service district shall count and tally the votes not later than the
25th day of November or the next business day if the 25th falls on a
Saturday, Sunday, or legal holiday of each even-numbered year. Each
vote cast by a school director shall be recorded as one vote. Within
ten days following the count of votes, the educational service district
superintendent shall certify to the superintendent of public
instruction the name or names of the person(s) elected to be members of
the regional committee.
(4) In the event of a change in the number of educational service
districts or in the number of educational service district board
members pursuant to chapter 28A.310 RCW a new regional committee shall
be elected for each affected educational service district at the next
election conducted pursuant to this section. Those persons who were
serving on a regional committee within an educational service district
affected by a change in the number of districts or board members shall
continue to constitute the regional committee for the educational
service district within which they are registered to vote until the
majority of a new board has been elected and certified.
(5) No member of a regional committee shall continue to serve
thereon if he or she ceases to be a registered voter of the educational
service district board member district or if he or she is absent from
three consecutive meetings of the committee without an excuse
acceptable to the committee.
Sec. 510 RCW 28A.315.185 and 1999 c 315 s 303 are each amended to
read as follows:
To the extent funds are appropriated, the superintendent of public
instruction, in cooperation with the educational service districts and
the Washington state school directors' association, shall conduct an
annual training meeting for the regional committees, ((state board
members,)) educational service district superintendents, and local
school district superintendents and boards of directors. Training may
also be provided upon request.
Sec. 601 RCW 28A.305.210 and 2005 c 518 s 913 are each amended to
read as follows:
(1) ((The state board of education, by rule or regulation, may
require the assistance of educational service district boards and/or
superintendents in the performance of any duty, authority, or power
imposed upon or granted to the state board of education by law, upon
such terms and conditions as the state board of education shall
establish. Such authority to assist the state board of education shall
be limited to the service function of information collection and
dissemination and the attestment to the accuracy and completeness of
submitted information.)) During the 2005-2007 biennium, educational service districts
may, at the request of the state board of education, receive and screen
applications for school accreditation, conduct school accreditation
site visits pursuant to state board of education rules, and submit to
the state board of education postsite visit recommendations for school
accreditation. The educational service districts may assess a
cooperative service fee to recover actual plus reasonable indirect
costs for the purposes of this subsection.
(2)
(2) This section expires July 1, 2007.
Sec. 602 RCW 28A.310.080 and 1977 ex.s. c 283 s 15 are each
amended to read as follows:
((On or before the twenty-fifth day of August, 1978, and)) Not
later than the twenty-fifth day of August of every ((subsequent)) even-numbered year, the ((secretary to the state board of education))
superintendent of public instruction shall call an election to be held
in each educational service district within which resides a member of
the board of the educational service district whose term of office
expires on the second Monday of January next following, and shall give
written notice thereof to each member of the board of directors of each
school district in such educational service district. Such notice
shall include instructions((,)) and rules((, and regulations))
established by the ((state board of education)) superintendent of
public instruction for the conduct of the election.
Sec. 603 RCW 28A.310.030 and 1990 c 33 s 271 are each amended to
read as follows:
Except as otherwise provided in this chapter, in each educational
service district there shall be an educational service district board
consisting of seven members elected by the school directors of the
educational service district, one from each of seven educational
service district board-member districts. Board-member districts in
districts reorganized ((under RCW 28A.310.020)) through legislative
action, or as provided for in RCW 28A.310.120 and under this section,
shall be initially determined by the ((state board of education))
superintendent of public instruction. If a reorganization pursuant to
((RCW 28A.310.020)) legislative action places the residence of a board
member into another or newly created educational service district, such
member shall serve on the board of the educational service district of
residence and at the next election called by the ((secretary to the
state board of education)) superintendent of public instruction
pursuant to RCW 28A.310.080 a new seven member board shall be elected.
If the redrawing of board-member district boundaries pursuant to this
chapter shall cause the resident board-member district of two or more
board members to coincide, such board members shall continue to serve
on the board and at the next election called by the ((secretary to the
state board of education)) superintendent of public instruction a new
board shall be elected. The board-member districts shall be arranged
so far as practicable on a basis of equal population, with
consideration being given existing board members of existing
educational service district boards. Each educational service district
board member shall be elected by the school directors of each school
district within the educational service district. Beginning in 1971
and every ten years thereafter, educational service district boards
shall review and, if necessary, shall change the boundaries of board-member districts so as to provide so far as practicable equal
representation according to population of such board-member districts
and to conform to school district boundary changes: PROVIDED, That all
board-member district boundaries, to the extent necessary to conform
with this chapter, shall be immediately redrawn for the purposes of the
next election called by the ((secretary to the state board of
education)) superintendent of public instruction following any
reorganization pursuant to this chapter. Such district board, if
failing to make the necessary changes prior to June 1st of the
appropriate year, shall refer for settlement questions on board-member
district boundaries to the ((state board of education)) office of the
superintendent of public instruction, which, after a public hearing,
shall decide such questions.
Sec. 604 RCW 28A.310.050 and 1977 ex.s. c 283 s 19 are each
amended to read as follows:
Any educational service district board may elect by resolution of
the board to increase the board member size to nine board members. In
such case positions number eight and nine shall be filled at the next
election called by the ((secretary to the state board of education))
superintendent of public instruction, position numbered eight to be for
a term of two years, position numbered nine to be for a term of four
years. Thereafter the terms for such positions shall be for four
years.
Sec. 605 RCW 28A.310.060 and 1977 ex.s. c 283 s 20 are each
amended to read as follows:
The term of every educational service district board member shall
begin on the second Monday in January next following the election at
which he or she was elected: PROVIDED, That a person elected to less
than a full term pursuant to this section shall take office as soon as
the election returns have been certified and he or she has qualified.
In the event of a vacancy in the board from any cause, such vacancy
shall be filled by appointment of a person from the same board-member
district by the educational service district board. In the event that
there are more than three vacancies in a seven-member board or four
vacancies in a nine-member board, the ((state board of education))
superintendent of public instruction shall fill by appointment
sufficient vacancies so that there shall be a quorum of the board
serving. Each appointed board member shall serve until his or her
successor has been elected at the next election called by the
((secretary to the state board of education)) superintendent of public
instruction and has qualified.
Sec. 606 RCW 28A.310.090 and 1977 ex.s. c 283 s 16 are each
amended to read as follows:
Candidates for membership on an educational service district board
shall file declarations of candidacy with the ((secretary to the state
board of education)) superintendent of public instruction on forms
prepared by the ((secretary)) superintendent. Declarations of
candidacy may be filed by person or by mail not earlier than the first
day of September, nor later than the sixteenth day of September. The
((secretary to the state board of education)) superintendent may not
accept any declaration of candidacy that is not on file in his or her
office or is not postmarked before the seventeenth day of September.
Sec. 607 RCW 28A.310.100 and 1980 c 179 s 7 are each amended to
read as follows:
Each member of an educational service district board shall be
elected by a majority of the votes cast at the election for all
candidates for the position. All votes shall be cast by mail addressed
to the ((secretary to the state board of education)) superintendent of
public instruction and no votes shall be accepted for counting if
postmarked after the sixteenth day of October or if not postmarked or
the postmark is not legible, if received by mail after the twenty-first
day of October following the call of the election. The ((secretary to
the state board of education)) superintendent of public instruction and
an election board comprised of three persons appointed by the ((state
board of education)) superintendent shall count and tally the votes not
later than the twenty-fifth day of October in the following manner:
Each vote cast by a school director shall be accorded as one vote. If
no candidate receives a majority of the votes cast, then, not later
than the first day of November, the ((secretary to the state board of
education)) superintendent of public instruction shall call a second
election to be conducted in the same manner and at which the candidates
shall be the two candidates receiving the highest number of votes cast.
No vote cast at such second election shall be received for counting if
postmarked after the sixteenth day of November or if not postmarked or
the postmark is not legible, if received by mail after the twenty-first
day of November and the votes shall be counted as hereinabove provided
on the twenty-fifth day of November. The candidate receiving a
majority of votes at any such second election shall be declared
elected. In the event of a tie in such second election, the candidate
elected shall be determined by a chance drawing of a nature established
by the ((secretary to the state board of education)) superintendent of
public instruction. Within ten days following the count of votes in an
election at which a member of an educational service district board is
elected, the ((secretary to the state board of education))
superintendent of public instruction shall certify to the county
auditor of the headquarters county of the educational service district
the name or names of the persons elected to be members of the
educational service district board.
Sec. 608 RCW 28A.310.140 and 1990 c 33 s 274 are each amended to
read as follows:
Every school district must be included entirely within a single
educational service district. If the boundaries of any school district
within an educational service district are changed in any manner so as
to extend the school district beyond the boundaries of that educational
service district, the ((state board)) superintendent of public
instruction shall change the boundaries of the educational service
districts so affected in a manner consistent with the purposes of RCW
28A.310.010 and this section.
Sec. 609 RCW 28A.310.150 and 1990 c 33 s 275 are each amended to
read as follows:
Every candidate for membership on a educational service district
board shall be a registered voter and a resident of the board-member
district for which such candidate files. On or before the date for
taking office, every member shall make an oath or affirmation to
support the Constitution of the United States and the state of
Washington and to faithfully discharge the duties of the office
according to the best of such member's ability. The members of the
board shall not be required to give bond unless so directed by the
((state board of education)) superintendent of public instruction. At
the first meeting of newly elected members and after the qualification
for office of the newly elected members, each educational service
district board shall reorganize by electing a chair and a vice chair.
A majority of all of the members of the board shall constitute a
quorum.
Sec. 610 RCW 28A.310.200 and 2001 c 143 s 1 are each amended to
read as follows:
In addition to other powers and duties as provided by law, every
educational service district board shall:
(1) Approve the budgets of the educational service district in
accordance with the procedures provided for in this chapter((.));
(2) Meet regularly according to the schedule adopted at the
organization meeting and in special session upon the call of the chair
or a majority of the board((.));
(3) Approve the selection of educational service district personnel
and clerical staff as provided in RCW 28A.310.230((.));
(4) Fix the amount of and approve the bonds for those educational
service district employees designated by the board as being in need of
bonding((.));
(5) Keep in the educational service district office a full and
correct transcript of the boundaries of each school district within the
educational service district((.));
(6) Acquire by borrowing funds or by purchase, lease, devise,
bequest, and gift and otherwise contract for real and personal property
necessary for the operation of the educational service district and to
the execution of the duties of the board and superintendent thereof and
sell, lease, or otherwise dispose of that property not necessary for
district purposes. No real property shall be acquired or alienated
without the prior approval of the ((state board of education))
superintendent of public instruction and the acquisition or alienation
of all such property shall be subject to such provisions as the
((board)) superintendent may establish. When borrowing funds for the
purpose of acquiring property, the educational service district board
shall pledge as collateral the property to be acquired. Borrowing
shall be evidenced by a note or other instrument between the district
and the lender((.));
(7) Under RCW 28A.310.010, upon the written request of the board of
directors of a local school district or districts served by the
educational service district, the educational service district board of
directors may provide cooperative and informational services not in
conflict with other law that provide for the development and
implementation of programs, activities, services, or practices that
support the education of preschool through twelfth grade students in
the public schools or that support the effective, efficient, or safe
management and operation of the school district or districts served by
the educational service district((.));
(8) Adopt such bylaws and rules ((and regulations)) for its own
operation as it deems necessary or appropriate((.)); and
(9) Enter into contracts, including contracts with common and
educational service districts and the school for the deaf and the
school for the blind for the joint financing of cooperative service
programs conducted pursuant to RCW 28A.310.180(3), and employ
consultants and legal counsel relating to any of the duties, functions,
and powers of the educational service districts.
Sec. 611 RCW 28A.310.310 and 1990 c 33 s 284 are each amended to
read as follows:
The educational service district board shall designate the
headquarters office of the educational service district. Educational
service districts shall provide for their own office space, heating,
contents insurance, electricity, and custodial services, which may be
obtained through contracting with any board of county commissioners.
Official records of the educational service district board and
superintendent, including each of the county superintendents abolished
by chapter 176, Laws of 1969 ex. sess., shall be kept by the
educational service district superintendent. Whenever the boundaries
of any of the educational service districts are reorganized pursuant to
((RCW 28A.310.020)) legislative action, the ((state board of
education)) superintendent of public instruction shall supervise the
transferral of such records so that each educational service district
superintendent shall receive those records relating to school districts
within the appropriate educational service district.
Sec. 612 RCW 28A.323.020 and 1985 c 385 s 25 are each amended to
read as follows:
The duties in this chapter imposed upon and required to be
performed by a regional committee and by an educational service
district superintendent in connection with a change in the organization
and extent of school districts and/or with the adjustment of the assets
and liabilities of school districts and with all matters related to
such change or adjustment whenever territory lying in a single
educational service district is involved shall be performed jointly by
the regional committees and by the superintendents of the several
educational service districts as required whenever territory lying in
more than one educational service district is involved in a proposed
change in the organization and extent of school districts: PROVIDED,
That a regional committee may designate three of its members, or two of
its members and the educational service district superintendent, as a
subcommittee to serve in lieu of the whole committee, but action by a
subcommittee shall not be binding unless approved by a majority of the
regional committee. Proposals for changes in the organization and
extent of school districts and proposed terms of adjustment of assets
and liabilities thus prepared and approved shall be submitted to the
((state board)) superintendent of public instruction by the regional
committee of the educational service district in which is located the
part of the proposed or enlarged district having the largest number of
common school pupils residing therein.
Sec. 613 RCW 28A.323.040 and 1973 c 47 s 3 are each amended to
read as follows:
For all purposes essential to the maintenance, operation, and
administration of the schools of a district, including the
apportionment of current state and county school funds, the county in
which a joint school district shall be considered as belonging shall be
as designated by the ((state board of education)) superintendent of
public instruction. Prior to making such designation, the ((state
board of education)) superintendent of public instruction shall hold at
least one public hearing on the matter, at which time the
recommendation of the joint school district shall be presented and, in
addition to such recommendation, the ((state board)) superintendent
shall consider the following prior to its designation:
(1) Service needs of such district;
(2) Availability of services;
(3) Geographic location of district and servicing agencies; and
(4) Relationship to contiguous school districts.
NEW SECTION. Sec. 614 RCW 28A.310.020 (Changes in number of,
boundaries -- Initiating, hearings, considerations -- Superintendent's
duties) and 1994 sp.s. c 6 s 513, 1993 sp.s. c 24 s 522, 1990 c 33 s
270, 1977 ex.s. c 283 s 2, 1971 ex.s. c 282 s 2, & 1969 ex.s. c 176 s
2 are each repealed.
Sec. 701 RCW 28A.305.160 and 1996 c 321 s 2 are each amended to
read as follows:
(1) The ((state board of education)) superintendent of public
instruction shall adopt and distribute to all school districts lawful
and reasonable rules prescribing the substantive and procedural due
process guarantees of pupils in the common schools. Such rules shall
authorize a school district to use informal due process procedures in
connection with the short-term suspension of students to the extent
constitutionally permissible: PROVIDED, That the ((state board))
superintendent of public instruction deems the interest of students to
be adequately protected. When a student suspension or expulsion is
appealed, the rules shall authorize a school district to impose the
suspension or expulsion temporarily after an initial hearing for no
more than ten consecutive school days or until the appeal is decided,
whichever is earlier. Any days that the student is temporarily
suspended or expelled before the appeal is decided shall be applied to
the term of the student suspension or expulsion and shall not limit or
extend the term of the student suspension or expulsion.
(2) Short-term suspension procedures may be used for suspensions of
students up to and including, ten consecutive school days.
Sec. 702 RCW 28A.150.300 and 1993 c 68 s 1 are each amended to
read as follows:
The use of corporal punishment in the common schools is prohibited.
The ((state board of education, in consultation with the))
superintendent of public instruction((,)) shall develop and adopt a
policy prohibiting the use of corporal punishment in the common
schools. The policy shall be adopted ((by the state board of education
no later than February 1, 1994,)) and ((shall take effect)) implemented
in all school districts ((September 1, 1994)).
Sec. 703 RCW 28A.225.160 and 1999 c 348 s 5 are each amended to
read as follows:
Except as otherwise provided by law, it is the general policy of
the state that the common schools shall be open to the admission of all
persons who are five years of age and less than twenty-one years
residing in that school district. Except as otherwise provided by law
or rules adopted by the ((state board of education)) superintendent of
public instruction, districts may establish uniform entry
qualifications, including but not limited to birth date requirements,
for admission to kindergarten and first grade programs of the common
schools. Such rules may provide for exceptions based upon the ability,
or the need, or both, of an individual student. For the purpose of
complying with any rule adopted by the ((state board of education
which)) superintendent of public instruction that authorizes a
preadmission screening process as a prerequisite to granting exceptions
to the uniform entry qualifications, a school district may collect fees
to cover expenses incurred in the administration of any preadmission
screening process: PROVIDED, That in so establishing such fee or fees,
the district shall adopt regulations for waiving and reducing such fees
in the cases of those persons whose families, by reason of their low
income, would have difficulty in paying the entire amount of such fees.
NEW SECTION. Sec. 704 A new section is added to chapter 28A.300
RCW to read as follows:
The superintendent of public instruction shall adopt rules relating
to pupil tests and records.
Sec. 705 RCW 28A.300.150 and 1994 c 245 s 8 are each amended to
read as follows:
The superintendent of public instruction shall collect and
disseminate to school districts information on child abuse and neglect
prevention curriculum and shall adopt rules dealing with the prevention
of child abuse for purposes of curriculum use in the common schools.
The superintendent of public instruction and the departments of social
and health services and community, trade, and economic development
shall share relevant information.
Sec. 706 RCW 28A.600.020 and 1997 c 266 s 11 are each amended to
read as follows:
(1) The rules adopted pursuant to RCW 28A.600.010 shall be
interpreted to ((insure)) ensure that the optimum learning atmosphere
of the classroom is maintained, and that the highest consideration is
given to the judgment of qualified certificated educators regarding
conditions necessary to maintain the optimum learning atmosphere.
(2) Any student who creates a disruption of the educational process
in violation of the building disciplinary standards while under a
teacher's immediate supervision may be excluded by the teacher from his
or her individual classroom and instructional or activity area for all
or any portion of the balance of the school day, or up to the following
two days, or until the principal or designee and teacher have
conferred, whichever occurs first. Except in emergency circumstances,
the teacher first must attempt one or more alternative forms of
corrective action. In no event without the consent of the teacher may
an excluded student return to the class during the balance of that
class or activity period or up to the following two days, or until the
principal or his or her designee and the teacher have conferred.
(3) In order to preserve a beneficial learning environment for all
students and to maintain good order and discipline in each classroom,
every school district board of directors shall provide that written
procedures are developed for administering discipline at each school
within the district. Such procedures shall be developed with the
participation of parents and the community, and shall provide that the
teacher, principal or designee, and other authorities designated by the
board of directors, make every reasonable attempt to involve the parent
or guardian and the student in the resolution of student discipline
problems. Such procedures shall provide that students may be excluded
from their individual classes or activities for periods of time in
excess of that provided in subsection (2) of this section if such
students have repeatedly disrupted the learning of other students. The
procedures must be consistent with the rules of the ((state board of
education)) superintendent of public instruction and must provide for
early involvement of parents in attempts to improve the student's
behavior.
(4) The procedures shall assure, pursuant to RCW 28A.400.110, that
all staff work cooperatively toward consistent enforcement of proper
student behavior throughout each school as well as within each
classroom.
(5) A principal shall consider imposing long-term suspension or
expulsion as a sanction when deciding the appropriate disciplinary
action for a student who, after July 27, 1997:
(a) Engages in two or more violations within a three-year period of
RCW 9A.46.120, 28A.320.135, 28A.600.455, 28A.600.460, 28A.635.020,
28A.600.020, 28A.635.060, 9.41.280, or 28A.320.140; or
(b) Engages in one or more of the offenses listed in RCW 13.04.155.
The principal shall communicate the disciplinary action taken by
the principal to the school personnel who referred the student to the
principal for disciplinary action.
Sec. 707 RCW 28A.600.030 and 1990 c 33 s 498 are each amended to
read as follows:
Each school district board of directors may establish student
grading policies which permit teachers to consider a student's
attendance in determining the student's overall grade or deciding
whether the student should be granted or denied credit. Such policies
shall take into consideration the circumstances pertaining to the
student's inability to attend school. However, no policy shall be
adopted whereby a grade shall be reduced or credit shall be denied for
disciplinary reasons only, rather than for academic reasons, unless due
process of law is provided as set forth by the ((state board of
education)) superintendent of public instruction under RCW 28A.305.160
(as recodified by this act).
NEW SECTION. Sec. 708 RCW 28A.305.160 is recodified as a new
section in chapter 28A.600 RCW.
Sec. 801 RCW 28A.625.360 and 1990 1st ex.s. c 10 s 2 are each
amended to read as follows:
(1) The ((state board of education)) professional educator
standards board shall establish an annual award program for excellence
in teacher preparation to recognize higher education teacher educators
for their leadership, contributions, and commitment to education.
(2) The program shall recognize annually one teacher preparation
faculty member from one of the teacher preparation programs approved by
the ((state board of education)) professional educator standards board.
Sec. 802 RCW 28A.225.330 and 1999 c 198 s 3 are each amended to
read as follows:
(1) When enrolling a student who has attended school in another
school district, the school enrolling the student may request the
parent and the student to briefly indicate in writing whether or not
the student has:
(a) Any history of placement in special educational programs;
(b) Any past, current, or pending disciplinary action;
(c) Any history of violent behavior, or behavior listed in RCW
13.04.155;
(d) Any unpaid fines or fees imposed by other schools; and
(e) Any health conditions affecting the student's educational
needs.
(2) The school enrolling the student shall request the school the
student previously attended to send the student's permanent record
including records of disciplinary action, history of violent behavior
or behavior listed in RCW 13.04.155, attendance, immunization records,
and academic performance. If the student has not paid a fine or fee
under RCW 28A.635.060, or tuition, fees, or fines at approved private
schools the school may withhold the student's official transcript, but
shall transmit information about the student's academic performance,
special placement, immunization records, records of disciplinary
action, and history of violent behavior or behavior listed in RCW
13.04.155. If the official transcript is not sent due to unpaid
tuition, fees, or fines, the enrolling school shall notify both the
student and parent or guardian that the official transcript will not be
sent until the obligation is met, and failure to have an official
transcript may result in exclusion from extracurricular activities or
failure to graduate.
(3) If information is requested under subsection (2) of this
section, the information shall be transmitted within two school days
after receiving the request and the records shall be sent as soon as
possible. Any school district or district employee who releases the
information in compliance with this section is immune from civil
liability for damages unless it is shown that the school district
employee acted with gross negligence or in bad faith. The ((state
board of education)) professional educator standards board shall
provide by rule for the discipline under chapter 28A.410 RCW of a
school principal or other chief administrator of a public school
building who fails to make a good faith effort to assure compliance
with this subsection.
(4) Any school district or district employee who releases the
information in compliance with federal and state law is immune from
civil liability for damages unless it is shown that the school district
or district employee acted with gross negligence or in bad faith.
(5) When a school receives information under this section or RCW
13.40.215 that a student has a history of disciplinary actions,
criminal or violent behavior, or other behavior that indicates the
student could be a threat to the safety of educational staff or other
students, the school shall provide this information to the student's
teachers and security personnel.
Sec. 803 RCW 28A.405.110 and 1985 c 420 s 1 are each amended to
read as follows:
The legislature recognizes the importance of teachers in the
educational system. Teachers are the fundamental element in assuring
a quality education for the state's and the nation's children.
Teachers, through their direct contact with children, have a great
impact on the development of the child. The legislature finds that
this important role of the teacher requires an assurance that teachers
are as successful as possible in attaining the goal of a well-educated
society. The legislature finds, therefore, that the evaluation of
those persons seeking to enter the teaching profession is no less
important than the evaluation of those persons currently teaching. The
evaluation of persons seeking teaching credentials should be strenuous
while making accommodations uniquely appropriate to the applicants.
Strenuous teacher training and preparation should be complemented by
examinations of prospective teachers prior to candidates being granted
official certification by the ((state board of education)) professional
educator standards board. Teacher preparation program entrance
evaluations, teacher training, teacher preparation program exit
examinations, official certification, in-service training, and ongoing
evaluations of individual progress and professional growth are all part
of developing and maintaining a strong precertification and
postcertification professional education system.
The legislature further finds that an evaluation system for
teachers has the following elements, goals, and objectives: (1) An
evaluation system must be meaningful, helpful, and objective; (2) an
evaluation system must encourage improvements in teaching skills,
techniques, and abilities by identifying areas needing improvement; (3)
an evaluation system must provide a mechanism to make meaningful
distinctions among teachers and to acknowledge, recognize, and
encourage superior teaching performance; and (4) an evaluation system
must encourage respect in the evaluation process by the persons
conducting the evaluations and the persons subject to the evaluations
through recognizing the importance of objective standards and
minimizing subjectivity.
Sec. 804 RCW 28A.415.010 and 1991 c 285 s 1 are each amended to
read as follows:
It shall be the responsibility of each educational service district
board to establish a center for the improvement of teaching. The
center shall administer, coordinate, and act as fiscal agent for such
programs related to the recruitment and training of certificated and
classified K-12 education personnel as may be delegated to the center
by the superintendent of public instruction under RCW 28A.310.470((, or
the state board of education under RCW 28A.310.480)). To assist in
these activities, each educational service district board shall
establish an improvement of teaching coordinating council to include,
at a minimum, representatives as specified in RCW 28A.415.040. An
existing in-service training task force, established pursuant to RCW
28A.415.040, may serve as the improvement of teaching coordinating
council. The educational service district board shall ensure
coordination of programs established pursuant to RCW 28A.415.030,
28A.410.060, and 28A.415.250.
The educational service district board may arrange each year for
the holding of one or more teachers' institutes and/or workshops for
professional staff preparation and in-service training in such manner
and at such time as the board believes will be of benefit to the
teachers and other professional staff of school districts within the
educational service district and shall comply with rules ((and
regulations of the state board of education)) of the professional
educator standards board pursuant to RCW 28A.410.060 or the
superintendent of public instruction ((or state board of education))
pursuant to RCW 28A.415.250. The board may provide such additional
means of teacher and other professional staff preparation and in-service training as it may deem necessary or appropriate and there
shall be a proper charge against the educational service district
general expense fund when approved by the educational service district
board.
Educational service district boards of contiguous educational
service districts, by mutual arrangements, may hold joint institutes
and/or workshops, the expenses to be shared in proportion to the
numbers of certificated personnel as shown by the last annual reports
of the educational service districts holding such joint institutes or
workshops.
In local school districts employing more than one hundred teachers
and other professional staff, the school district superintendent may
hold a teachers' institute of one or more days in such district, said
institute when so held by the school district superintendent to be in
all respects governed by the provisions of this title and ((state board
of education)) rules ((and regulations)) relating to teachers'
institutes held by educational service district superintendents.
Sec. 805 RCW 28A.415.020 and 1995 c 284 s 2 are each amended to
read as follows:
(1) Certificated personnel shall receive for each ten clock hours
of approved in-service training attended the equivalent of a one credit
college quarter course on the salary schedule developed by the
legislative evaluation and accountability program committee.
(2) Certificated personnel shall receive for each ten clock hours
of approved continuing education earned, as continuing education is
defined by rule adopted by the ((state board of education))
professional educator standards board, the equivalent of a one credit
college quarter course on the salary schedule developed by the
legislative evaluation and accountability program committee.
(3) Certificated personnel shall receive for each forty clock hours
of participation in an approved internship with a business, an
industry, or government, as an internship is defined by rule of the
((state board of education)) professional educator standards board in
accordance with RCW 28A.415.025, the equivalent of a one credit college
quarter course on the salary schedule developed by the legislative
evaluation and accountability program committee.
(4) An approved in-service training program shall be a program
approved by a school district board of directors, which meet standards
adopted by the ((state board of education)) professional educator
standards board, and the development of said program has been
participated in by an in-service training task force whose membership
is the same as provided under RCW 28A.415.040, or a program offered by
an education agency approved to provide in-service for the purposes of
continuing education as provided for under rules adopted by the ((state
board of education)) professional educator standards board, or both.
(5) Clock hours eligible for application to the salary schedule
developed by the legislative evaluation and accountability program
committee as described in subsections (1) and (2) of this section,
shall be those hours acquired after August 31, 1987. Clock hours
eligible for application to the salary schedule as described in
subsection (3) of this section shall be those hours acquired after
December 31, 1995.
Sec. 806 RCW 28A.415.024 and 2005 c 461 s 1 are each amended to
read as follows:
(1) All credits earned in furtherance of degrees earned by
certificated staff, that are used to increase earnings on the salary
schedule consistent with RCW 28A.415.023, must be obtained from an
educational institution accredited by an accrediting association
recognized by rule of the ((state board of education)) professional
educator standards board.
(2) The office of the superintendent of public instruction shall
verify for school districts the accreditation status of educational
institutions granting degrees that are used by certificated staff to
increase earnings on the salary schedule consistent with RCW
28A.415.023.
(3) The office of the superintendent of public instruction shall
provide school districts with training and additional resources to
ensure they can verify that degrees earned by certificated staff, that
are used to increase earnings on the salary schedule consistent with
RCW 28A.415.023, are obtained from an educational institution
accredited by an accrediting association recognized by rule of the
((state board of education)) professional educator standards board.
(4)(a) No school district may submit degree information before
there has been verification of accreditation under subsection (3) of
this section.
(b) Certificated staff who submit degrees received from an
unaccredited educational institution for the purposes of receiving a
salary increase shall be fined three hundred dollars. The fine shall
be paid to the office of the superintendent of public instruction and
used for costs of administering this section.
(c) In addition to the fine in (b) of this subsection, certificated
staff who receive salary increases based upon degrees earned from
educational institutions that have been verified to be unaccredited
must reimburse the district for any compensation received based on
these degrees.
Sec. 807 RCW 28A.415.025 and 1995 c 284 s 3 are each amended to
read as follows:
The ((state board of education)) professional educator standards
board shall establish rules for awarding clock hours for participation
of certificated personnel in internships with business, industry, or
government. To receive clock hours for an internship, the individual
must demonstrate that the internship will provide beneficial skills and
knowledge in an area directly related to his or her current assignment,
or to his or her assignment for the following school year. An
individual may not receive more than the equivalent of two college
quarter credits for internships during a calendar-year period. The
total number of credits for internships that an individual may earn to
advance on the salary schedule developed by the legislative evaluation
and accountability program committee or its successor agency is limited
to the equivalent of fifteen college quarter credits.
Sec. 808 RCW 28A.415.105 and 1995 c 335 s 403 are each amended to
read as follows:
Unless the context clearly requires otherwise, the definitions in
this section apply throughout RCW 28A.415.125 through 28A.415.140.
(1) "Cooperating organizations" means that at least one school
district, one college or university, and one educational service
district are involved jointly with the development of a student
teaching center.
(2) "Cooperating teacher" means a teacher who holds a continuing
certificate and supervises and coaches a student teacher.
(3) "Field experience" means opportunities for observation,
tutoring, microteaching, extended practicums, and clinical and
laboratory experiences which do not fall within the meaning of student
teaching.
(4) "School setting" means a classroom in a public, common school
in the state of Washington.
(5) "Student teacher" means a candidate for initial teacher
certification who is in a ((state board of education-approved))
professional educator standards board-approved, or regionally or
nationally accredited teacher preparation program in a school setting
as part of the field-based component of their preparation program.
(6) "Student teaching" means the full quarter or semester in a
school setting during which the student teacher observes the
cooperating teacher, participates in instructional activities, and
assumes both part-time and full-time teaching responsibilities under
the supervision of the cooperating teacher.
(7) "Student teaching center" means the program established to
provide student teachers in a geographic region of the state with
special support and training as part of their teacher preparation
program.
(8) "Supervisor or university supervisor" means the regular or
adjunct faculty member, or college or university-approved designee, who
assists and supervises the work of cooperating teachers and student
teachers.
Sec. 809 RCW 28A.415.125 and 1991 c 258 s 6 are each amended to
read as follows:
The ((state board of education)) professional educator standards
board, from appropriated funds, shall establish a network of student
teaching centers to support the continuing development of the field-based component of teacher preparation programs. The purpose of the
training centers is to:
(1) Expand opportunities for student teacher placements in school
districts statewide, with an emphasis on those populations and
locations that are unserved or underserved;
(2) Provide cooperating teachers for all student teachers during
their student internship for up to two academic quarters;
(3) Enhance the student teaching component of teacher preparation
programs, including a placement of student teachers in special
education and multi-ethnic school settings; and
(4) Expand access to each other and opportunities for collaboration
in teacher education between colleges and universities and school
districts.
Sec. 810 RCW 28A.415.130 and 1991 c 258 s 7 are each amended to
read as follows:
Funds for the student teaching centers shall be allocated by the
superintendent of public instruction among the educational service
district regions on the basis of student teaching placements. The
fiscal agent for each center shall be either an educational service
district or a state institution of higher education. Prospective
fiscal agents shall document to the ((state board of education))
professional educator standards board the following information:
(1) The existing or proposed center was developed jointly through
a process including participation by at least one school district, one
college or university, and one educational service district;
(2) Primary administration for each center shall be the
responsibility of one or more of the cooperating organizations;
(3) Assurance that the training center program provides appropriate
and necessary training in observation, supervision, and assistance
skills and techniques for:
(a) Cooperating teachers;
(b) Other school building personnel; and
(c) School district employees.
Sec. 811 RCW 28A.415.145 and 1991 c 258 s 10 are each amended to
read as follows:
The ((state board of education)) professional educator standards
board and the superintendent of public instruction shall adopt rules as
necessary under chapter 34.05 RCW to carry out the purposes of RCW
28A.415.100 through 28A.415.140.
Sec. 812 RCW 28A.630.400 and 1995 c 335 s 202 and 1995 c 77 s 27
are each reenacted and amended to read as follows:
(1) The ((state board of education)) professional educator
standards board and the state board for community and technical
colleges, in consultation with the superintendent of public
instruction, the higher education coordinating board, the state
apprenticeship training council, and community colleges, shall adopt
rules as necessary under chapter 34.05 RCW to implement the
paraeducator associate of arts degree.
(2) As used in this section, a "paraeducator" is an individual who
has completed an associate of arts degree for a paraeducator. The
paraeducator may be hired by a school district to assist certificated
instructional staff in the direct instruction of children in small and
large groups, individualized instruction, testing of children,
recordkeeping, and preparation of materials. The paraeducator shall
work under the direction of instructional certificated staff.
(3) The training program for a paraeducator associate of arts
degree shall include, but is not limited to, the general requirements
for receipt of an associate of arts degree and training in the areas of
introduction to childhood education, orientation to children with
disabilities, fundamentals of childhood education, creative activities
for children, instructional materials for children, fine art
experiences for children, the psychology of learning, introduction to
education, child health and safety, child development and guidance,
first aid, and a practicum in a school setting.
(4) Consideration shall be given to transferability of credit
earned in this program to teacher preparation programs at colleges and
universities.
Sec. 813 RCW 28A.660.040 and 2004 c 23 s 4 are each amended to
read as follows:
Partnership grants funded under this chapter shall operate one to
four specific route programs. Successful completion of the program
shall make a candidate eligible for residency teacher certification.
For route one and two candidates, the mentor of the teacher candidate
at the school and the supervisor of the teacher candidate from the
higher education teacher preparation program must both agree that the
teacher candidate has successfully completed the program. For route
three and four candidates, the mentor of the teacher candidate shall
make the determination that the candidate has successfully completed
the program.
(1) Partnership grant programs seeking funds to operate route one
programs shall enroll currently employed classified instructional
employees with transferable associate degrees seeking residency teacher
certification with endorsements in special education, bilingual
education, or English as a second language. It is anticipated that
candidates enrolled in this route will complete both their
baccalaureate degree and requirements for residency certification in
two years or less, including a mentored internship to be completed in
the final year. In addition, partnership programs shall uphold entry
requirements for candidates that include:
(a) District or building validation of qualifications, including
three years of successful student interaction and leadership as a
classified instructional employee;
(b) Successful passage of the statewide basic skills exam, when
available; and
(c) Meeting the age, good moral character, and personal fitness
requirements adopted by rule for teachers.
(2) Partnership grant programs seeking funds to operate route two
programs shall enroll currently employed classified staff with
baccalaureate degrees seeking residency teacher certification in
subject matter shortage areas and areas with shortages due to
geographic location. Candidates enrolled in this route must complete
a mentored internship complemented by flexibly scheduled training and
coursework offered at a local site, such as a school or educational
service district, or online or via video-conference over the K-20
network, in collaboration with the partnership program's higher
education partner. In addition, partnership grant programs shall
uphold entry requirements for candidates that include:
(a) District or building validation of qualifications, including
three years of successful student interaction and leadership as
classified staff;
(b) A baccalaureate degree from a regionally accredited institution
of higher education. The individual's college or university grade
point average may be considered as a selection factor;
(c) Successful completion of the content test, once the state
content test is available;
(d) Meeting the age, good moral character, and personal fitness
requirements adopted by rule for teachers; and
(e) Successful passage of the statewide basic skills exam, when
available.
(3) Partnership grant programs seeking funds to operate route three
programs shall enroll individuals with baccalaureate degrees, who are
not employed in the district at the time of application. When
selecting candidates for certification through route three, districts
shall give priority to individuals who are seeking residency teacher
certification in subject matter shortage areas or shortages due to
geographic locations. For route three only, the districts may include
additional candidates in nonshortage subject areas if the candidates
are seeking endorsements with a secondary grade level designation as
defined by rule by the ((state board of education)) professional
educator standards board. The districts shall disclose to candidates
in nonshortage subject areas available information on the demand in
those subject areas. Cohorts of candidates for this route shall attend
an intensive summer teaching academy, followed by a full year employed
by a district in a mentored internship, followed, if necessary, by a
second summer teaching academy. In addition, partnership programs
shall uphold entry requirements for candidates that include:
(a) Five years' experience in the work force;
(b) A baccalaureate degree from a regionally accredited institution
of higher education. The individual's grade point average may be
considered as a selection factor;
(c) Successful completion of the content test, once the state
content test is available;
(d) External validation of qualifications, including demonstrated
successful experience with students or children, such as ((references
[reference])) reference letters and letters of support from previous
employers;
(e) Meeting the age, good moral character, and personal fitness
requirements adopted by rule for teachers; and
(f) Successful passage of statewide basic skills exams, when
available.
(4) Partnership grant programs seeking funds to operate route four
programs shall enroll individuals with baccalaureate degrees, who are
employed in the district at the time of application, or who hold
conditional teaching certificates or emergency substitute certificates.
Cohorts of candidates for this route shall attend an intensive summer
teaching academy, followed by a full year employed by a district in a
mentored internship. In addition, partnership programs shall uphold
entry requirements for candidates that include:
(a) Five years' experience in the work force;
(b) A baccalaureate degree from a regionally accredited institution
of higher education. The individual's grade point average may be
considered as a selection factor;
(c) Successful completion of the content test, once the state
content test is available;
(d) External validation of qualifications, including demonstrated
successful experience with students or children, such as reference
letters and letters of support from previous employers;
(e) Meeting the age, good moral character, and personal fitness
requirements adopted by rule for teachers; and
(f) Successful passage of statewide basic skills exams, when
available.
Sec. 814 RCW 28A.690.020 and 1990 c 33 s 546 are each amended to
read as follows:
The "designated state official" for this state under Article II of
RCW 28A.690.010 shall be the superintendent of public instruction, who
shall be the compact administrator and who shall have power to
((promulgate)) adopt rules to carry out the terms of this compact. The
superintendent of public instruction shall enter into contracts
pursuant to Article III of the Agreement only with the approval of the
specific text thereof by the ((state board of education)) professional
educator standards board.
Sec. 815 RCW 28A.300.050 and 1990 c 33 s 252 are each amended to
read as follows:
The superintendent of public instruction shall provide technical
assistance to the ((state board of education)) professional educator
standards board in the conduct of the activities described in
((sections 202 through 232 of this act)) RCW 28A.410.040 and
28A.410.050.
Sec. 816 RCW 28A.625.370 and 1990 1st ex.s. c 10 s 3 are each
amended to read as follows:
The award for the teacher educator shall include:
(1) A certificate presented to the teacher educator by the
governor, the ((president of the state board of education)) chair of
the professional educator standards board, and the superintendent of
public instruction at a public ceremony; and
(2) A grant to the professional education advisory board of the
institution from which the teacher educator is selected, which grant
shall not exceed two thousand five hundred dollars and which grant
shall be awarded under RCW 28A.625.390.
Sec. 817 RCW 28A.625.380 and 1990 1st ex.s. c 10 s 4 are each
amended to read as follows:
The ((state board of education)) professional educator standards
board shall adopt rules under chapter 34.05 RCW to carry out the
purposes of RCW 28A.625.360 through 28A.625.390. These rules shall
include establishing the selection criteria for the Washington award
for excellence in teacher preparation. The ((state)) board ((of
education)) is encouraged to consult with teacher educators, deans, and
professional education advisory board members in developing the
selection criteria. The criteria shall include any role performed by
nominees relative to implementing innovative developments by the
nominee's teacher preparation program and efforts the nominee has made
to assist in communicating with legislators, common school teachers and
administrators, and others about the nominee's teacher preparation
program.
Sec. 818 RCW 28A.625.390 and 1990 1st ex.s. c 10 s 5 are each
amended to read as follows:
The professional education advisory board for the institution from
which the teacher educator has been selected to receive an award shall
be eligible to apply for an educational grant as provided under RCW
28A.625.370. The ((state board of education)) professional educator
standards board shall award the grant after the ((state)) board has
approved the grant application as long as the written grant application
is submitted to the ((state)) board within one year after the award is
received by the teacher educator. The grant application shall identify
the educational purpose toward which the grant shall be used.
Sec. 901 RCW 28A.600.010 and 1997 c 265 s 4 are each amended to
read as follows:
Every board of directors, unless otherwise specifically provided by
law, shall:
(1) Enforce the rules prescribed by the superintendent of public
instruction ((and the state board of education)) for the government of
schools, pupils, and certificated employees.
(2) Adopt and make available to each pupil, teacher and parent in
the district reasonable written rules regarding pupil conduct,
discipline, and rights, including but not limited to short-term
suspensions as referred to in RCW 28A.305.160 (as recodified by this
act) and suspensions in excess of ten consecutive days. Such rules
shall not be inconsistent with any of the following: Federal statutes
and regulations, state statutes, common law, and the rules of the
superintendent of public instruction((, and the state board of
education)). The board's rules shall include such substantive and
procedural due process guarantees as prescribed by the ((state board of
education)) superintendent of public instruction under RCW 28A.305.160
(as recodified by this act). ((Commencing with the 1976-77 school
year,)) When such rules are made available to each pupil, teacher, and
parent, they shall be accompanied by a detailed description of rights,
responsibilities, and authority of teachers and principals with respect
to the discipline of pupils as prescribed by state statutory law, the
superintendent of public instruction, ((and state board of education
rules)) and the rules ((and regulations)) of the school district.
For the purposes of this subsection, computation of days included
in "short-term" and "long-term" suspensions shall be determined on the
basis of consecutive school days.
(3) Suspend, expel, or discipline pupils in accordance with RCW
28A.305.160 (as recodified by this act).
NEW SECTION. Sec. 902 A new section is added to chapter 28A.405
RCW to read as follows:
Each school district board of directors shall adopt a policy
regarding the presence at their respective schools of teachers and
other certificated personnel before the opening of school in the
morning and after the closing of school in the afternoon or evening.
The board of directors shall make the policy available to parents and
the public through the school district report card and other means of
communication.
Sec. 903 RCW 28A.225.280 and 1990 1st ex.s. c 9 s 206 are each
amended to read as follows:
Eligibility of transfer students under RCW 28A.225.220 and
28A.225.225 for participation in extracurricular activities shall be
subject to rules adopted by the Washington interscholastic activities
association ((as authorized by the state board of education)).
Sec. 904 RCW 28A.600.200 and 1990 c 33 s 502 are each amended to
read as follows:
Each school district board of directors is hereby granted and shall
exercise the authority to control, supervise and regulate the conduct
of interschool athletic activities and other interschool
extracurricular activities of an athletic, cultural, social or
recreational nature for students of the district. A board of directors
may delegate control, supervision and regulation of any such activity
to the Washington interscholastic activities association or any other
voluntary nonprofit entity and compensate such entity for services
provided, subject to the following conditions:
(1) ((The voluntary nonprofit entity shall submit an annual report
to the state board of education of student appeal determinations,
assets, and financial receipts and disbursements at such time and in
such detail as the state board shall establish by rule;)) The voluntary nonprofit entity shall not discriminate in
connection with employment or membership upon its governing board, or
otherwise in connection with any function it performs, on the basis of
race, creed, national origin, sex or marital status;
(2)
(((3))) (2) Any rules and policies applied by the voluntary
nonprofit entity which govern student participation in any interschool
activity shall be written ((and subject to the annual review and
approval of the state board of education at such time as it shall
establish;)); and
(4) All amendments and repeals of such rules and policies shall be
subject to the review and approval of the state board
(((5))) (3) Such rules and policies shall provide for notice of the
reasons and a fair opportunity to contest such reasons prior to a final
determination to reject a student's request to participate in or to
continue in an interschool activity. Any such decision shall be
considered a decision of the school district conducting the activity in
which the student seeks to participate or was participating and may be
appealed pursuant to RCW 28A.645.010 through 28A.645.030.
Sec. 905 RCW 28A.160.210 and 1989 c 178 s 20 are each amended to
read as follows:
In addition to other powers and duties, the ((state board of
education)) superintendent of public instruction shall adopt rules
((and regulations)) governing the training and qualifications of school
bus drivers. Such rules ((and regulations)) shall be designed to
insure that persons will not be employed to operate school buses unless
they possess such physical health and driving skills as are necessary
to safely operate school buses: PROVIDED, That such rules ((and
regulations)) shall insure that school bus drivers are provided a due
process hearing before any certification required by such rules ((and
regulations)) is cancelled: PROVIDED FURTHER, That such rules ((and
regulations)) shall not conflict with the authority of the department
of licensing to license school bus drivers in accordance with chapter
46.25 RCW. The ((state board of education)) superintendent of public
instruction may obtain a copy of the driving record, as maintained by
the department of licensing, for consideration when evaluating a school
bus driver's driving skills.
Sec. 906 RCW 28A.160.100 and 1990 c 33 s 138 are each amended to
read as follows:
In addition to the authority otherwise provided in RCW 28A.160.010
through 28A.160.120 to school districts for the transportation of
persons, whether school children, school personnel, or otherwise, any
school district authorized to use school buses and drivers hired by the
district for the transportation of school children to and from a school
activity, along with such school employees as necessary for their
supervision, shall, if such school activity be an interscholastic
activity, be authorized to transport members of the general public to
such event and utilize the school district's buses, transportation
equipment and facilities, and employees therefor: PROVIDED, That
provision shall be made for the reimbursement and payment to the school
district by such members of the general public of not less than the
district's actual costs and the reasonable value of the use of the
district's buses and facilities provided in connection with such
transportation: PROVIDED FURTHER, That wherever private transportation
certified or licensed by the utilities and transportation commission or
public transportation is reasonably available ((as determined by rule
and regulation of the state board of education)), this section shall
not apply.
Sec. 907 RCW 28A.210.070 and 1990 c 33 s 191 are each amended to
read as follows:
As used in RCW 28A.210.060 through 28A.210.170:
(1) "Chief administrator" shall mean the person with the authority
and responsibility for the immediate supervision of the operation of a
school or day care center as defined in this section or, in the
alternative, such other person as may hereafter be designated in
writing for the purposes of RCW 28A.210.060 through 28A.210.170 by the
statutory or corporate board of directors of the school district,
school, or day care center or, if none, such other persons or person
with the authority and responsibility for the general supervision of
the operation of the school district, school or day care center.
(2) "Full immunization" shall mean immunization against certain
vaccine-preventable diseases in accordance with schedules and with
immunizing agents approved by the state board of health.
(3) "Local health department" shall mean the city, town, county,
district or combined city-county health department, board of health, or
health officer which provides public health services.
(4) "School" shall mean and include each building, facility, and
location at or within which any or all portions of a preschool,
kindergarten and grades one through twelve program of education and
related activities are conducted for two or more children by or in
behalf of any public school district and by or in behalf of any private
school or private institution subject to approval by the state board of
education pursuant to RCW 28A.305.130(((6))), 28A.195.010 through
28A.195.050, and 28A.410.120.
(5) "Day care center" shall mean an agency which regularly provides
care for a group of thirteen or more children for periods of less than
twenty-four hours and is licensed pursuant to chapter 74.15 RCW.
(6) "Child" shall mean any person, regardless of age, in attendance
at a public or private school or a licensed day care center.
Sec. 908 RCW 28A.210.160 and 1990 c 33 s 199 are each amended to
read as follows:
The ((state board of education)) superintendent of public
instruction shall and is hereby empowered to adopt rules pursuant to
chapter 34.05 RCW which establish the procedural and substantive due
process requirements governing the exclusion of children from public
and private schools pursuant to RCW 28A.210.120.
Sec. 909 RCW 28A.335.100 and 1975-'76 2nd ex.s. c 23 s 1 are each
amended to read as follows:
Any association established by school districts pursuant to the
interlocal cooperation act, chapter 39.34 RCW for the purpose of
jointly and cooperatively purchasing school supplies, materials and
equipment, if otherwise authorized for school district purposes to
purchase personal or real property, is ((hereby)) authorized((, subject
to rules and regulations of the state board of education,)) to
mortgage, or convey a purchase money security interest in real or
personal property of such association of every kind, character or
description whatsoever, or any interest in such personal or real
property: PROVIDED, That any such association shall be prohibited from
causing any creditor of the association to acquire any rights against
the property, properties or assets of any of its constituent school
districts and any creditor of such association shall be entitled to
look for payment of any obligation incurred by such association solely
to the assets and properties of such association.
Sec. 910 RCW 28A.335.120 and 2001 c 183 s 2 are each amended to
read as follows:
(1) The board of directors of any school district of this state
may:
(a) Sell for cash, at public or private sale, and convey by deed
all interest of the district in or to any of the real property of the
district which is no longer required for school purposes; and
(b) Purchase real property for the purpose of locating thereon and
affixing thereto any house or houses and appurtenant buildings removed
from school sites owned by the district and sell for cash, at public or
private sale, and convey by deed all interest of the district in or to
such acquired and improved real property.
(2) When the board of directors of any school district proposes a
sale of school district real property pursuant to this section and the
value of the property exceeds seventy thousand dollars, the board shall
publish a notice of its intention to sell the property. The notice
shall be published at least once each week during two consecutive weeks
in a legal newspaper with a general circulation in the area in which
the school district is located. The notice shall describe the property
to be sold and designate the place where and the day and hour when a
hearing will be held. The board shall hold a public hearing upon the
proposal to dispose of the school district property at the place and
the day and hour fixed in the notice and admit evidence offered for and
against the propriety and advisability of the proposed sale.
(3) The board of directors of any school district desiring to sell
surplus real property shall publish a notice in a newspaper of general
circulation in the school district. School districts shall not sell
the property for at least forty-five days following the publication of
the newspaper notice.
(4) Private schools shall have the same rights as any other person
or entity to submit bids for the purchase of surplus real property and
to have such bids considered along with all other bids.
(5) Any sale of school district real property authorized pursuant
to this section shall be preceded by a market value appraisal by a
professionally designated real estate appraiser as defined in RCW
74.46.020 or a general real estate appraiser certified under chapter
18.140 RCW selected by the board of directors and no sale shall take
place if the sale price would be less than ninety percent of the
appraisal made by the real estate appraiser: PROVIDED, That if the
property has been on the market for one year or more the property may
be reappraised and sold for not less than seventy-five percent of the
reappraised value with the unanimous consent of the board.
(6) If in the judgment of the board of directors of any district
the sale of real property of the district not needed for school
purposes would be facilitated and greater value realized through use of
the services of licensed real estate brokers, a contract for such
services may be negotiated and concluded: PROVIDED, That the use of a
licensed real estate broker will not eliminate the obligation of the
board of directors to provide the notice described in this section:
PROVIDED FURTHER, That the fee or commissions charged for any broker
services shall not exceed seven percent of the resulting sale value for
a single parcel: PROVIDED FURTHER, That any professionally designated
real estate appraiser as defined in RCW 74.46.020 or a general real
estate appraiser certified under chapter 18.140 RCW selected by the
board to appraise the market value of a parcel of property to be sold
may not be a party to any contract with the school district to sell
such parcel of property for a period of three years after the
appraisal.
(7) If in the judgment of the board of directors of any district
the sale of real property of the district not needed for school
purposes would be facilitated and greater value realized through sale
on contract terms, a real estate sales contract may be executed between
the district and buyer((: PROVIDED, That the terms and conditions of
any such sales contract must comply with rules and regulations of the
state board of education, herein authorized, governing school district
real property contract sales)).
Sec. 911 RCW 28A.320.240 and 1969 ex.s. c 223 s 28A.58.104 are
each amended to read as follows:
(1) The purpose of this section is to identify quality criteria for
school library media programs that support the student learning goals
under RCW 28A.150.210, the essential academic learning requirements
under RCW 28A.655.070, and high school graduation requirements adopted
under RCW 28A.230.090.
(2) Every board of directors shall provide for the operation and
stocking of such libraries as the board deems necessary for the proper
education of the district's students or as otherwise required by law or
rule ((or regulation)) of the superintendent of public instruction ((or
the state board of education)).
(3) "Teacher-librarian" means a certified teacher with a library
media endorsement under rules adopted by the professional educator
standards board.
(4) "School-library media program" means a school-based program
that is staffed by a certificated teacher-librarian and provides a
variety of resources that support student mastery of the essential
academic learning requirements in all subject areas and the
implementation of the district's school improvement plan.
(5) The teacher-librarian, through the school-library media
program, shall collaborate as an instructional partner to help all
students meet the content goals in all subject areas, and assist high
school students completing the culminating project and high school and
beyond plans required for graduation.
Sec. 912 RCW 28A.155.060 and 1995 c 77 s 12 are each amended to
read as follows:
For the purpose of carrying out the provisions of RCW 28A.155.020
through 28A.155.050, the board of directors of every school district
shall be authorized to contract with agencies approved by the ((state
board of education)) superintendent of public instruction for operating
special education programs for students with disabilities. Approval
standards for such agencies shall conform substantially with those
promulgated for approval of special education aid programs in the
common schools.
Sec. 913 RCW 28A.600.130 and 1995 1st sp.s. c 5 s 1 are each
amended to read as follows:
The higher education coordinating board shall establish a planning
committee to develop criteria for screening and selection of the
Washington scholars each year in accordance with RCW 28A.600.110(1).
It is the intent that these criteria shall emphasize scholastic
achievement but not exclude such criteria as leadership ability and
community contribution in final selection procedures. The Washington
scholars planning committee shall have members from selected state
agencies and private organizations having an interest and
responsibility in education, including but not limited to, the ((state
board of education, the)) office of superintendent of public
instruction, the council of presidents, the state board for community
and technical colleges, and the Washington friends of higher education.
Sec. 914 RCW 28A.650.015 and 1995 c 335 s 507 are each amended to
read as follows:
(1) The superintendent of public instruction, to the extent funds
are appropriated, shall develop and implement a Washington state K-12
education technology plan. The technology plan shall be updated on at
least a biennial basis, shall be developed to coordinate and expand the
use of education technology in the common schools of the state. The
plan shall be consistent with applicable provisions of chapter 43.105
RCW. The plan, at a minimum, shall address:
(a) The provision of technical assistance to schools and school
districts for the planning, implementation, and training of staff in
the use of technology in curricular and administrative functions;
(b) The continued development of a network to connect school
districts, institutions of higher learning, and other sources of on-line information; and
(c) Methods to equitably increase the use of education technology
by students and school personnel throughout the state.
(2) The superintendent of public instruction shall appoint an
educational technology advisory committee to assist in the development
and implementation of the technology plan in subsection (1) of this
section. The committee shall include, but is not limited to, persons
representing: The ((state board of education, the commission on
student learning, the)) department of information services, educational
service districts, school directors, school administrators, school
principals, teachers, classified staff, higher education faculty,
parents, students, business, labor, scientists and mathematicians, the
higher education coordinating board, the work force training and
education coordinating board, and the state library.
NEW SECTION. Sec. 1001 Part headings used in this act are not
any part of the law.
NEW SECTION. Sec. 1002 Sections 201, 203, and 204 of this act
take effect September 1, 2007.
NEW SECTION. Sec. 1003 Section 406 of this act takes effect
September 1, 2009.