H-0599.2

HOUSE BILL 1139

State of Washington
66th Legislature
2019 Regular Session
ByRepresentatives Santos, Dolan, Callan, Pollet, Reeves, and Bergquist
Read first time 01/15/19.Referred to Committee on Education.
AN ACT Relating to expanding the current and future educator workforce supply through evidence-based strategies to improve and incentivize the recruitment and retention of highly effective educators, especially in high-need subject, grade-level, and geographic areas, and to establish a cohesive continuum of high quality professional learning from preparation programs to job embedded induction, mentoring, collaboration, and other professional development opportunities; amending RCW 28A.415.370, 28A.660.020, 28A.660.035, 28B.10.033, 28B.76.699, 28A.630.205, 28B.102.020, 28B.102.030, 28B.102.045, 28B.102.090, 28A.660.042, 28A.660.045, 28B.102.055, 28B.102.080, 28B.15.558, 28A.415.265, 28A.405.100, and 41.32.068; reenacting and amending RCW 43.79A.040; adding a new section to chapter 28A.310 RCW; adding new sections to chapter 28A.630 RCW; adding new sections to chapter 28A.410 RCW; adding a new section to chapter 28B.76 RCW; adding new sections to chapter 28B.102 RCW; adding a new section to chapter 28A.660 RCW; adding a new section to chapter 41.35 RCW; creating new sections; recodifying RCW 28A.630.205, 28A.660.042, and 28A.660.045; repealing RCW 28B.102.010, 28B.102.040, 28B.102.050, 28B.102.060, 28A.660.050, and 28A.660.055; repealing 2016 c 233 s 19 (uncodified); providing expiration dates; and declaring an emergency.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
NEW SECTION.  Sec. 1. FINDINGSINTENT.(1) The legislature finds that discrete efforts are being made at state and local levels to address the educator shortage, but these efforts need to be streamlined and performed in concert, in order to enhance the effect of these recruitment and retention strategies.
(2) The legislature also reaffirms that excellent, effective educators and educator leaders are essential to the state's ongoing efforts to establish a world-class, globally competitive education system. As acknowledged in Engrossed Substitute House Bill No. 2261 (chapter 548, Laws of 2009), "Teachers, principals, and administrators must be provided with access to the opportunities they need to gain the knowledge and skills that will enable them to be increasingly successful in their classroom and schools. A system that clearly defines, supports, measures, and recognizes effective teaching and leadership is one of the most important investments to be made."
(3) Therefore, the legislature intends to seize the challenges presented by the educator workforce shortage in Washington to build the capacity of the education system to attract, retain, support, and sustain successful educators through:
(a) Intentional recruitment strategies;
(b) Expanding educator training programs;
(c) Focused financial incentives, assistance, and supports;
(d) Responsive and responsible retention strategies; and
(e) Deeper systems evaluation.
PART I
RECRUITMENTCHARACTERISTICS OF INDIVIDUALS
NEW SECTION.  Sec. 101. FINDINGSINTENT.(1) The legislature finds that effective educators who share their love of learning inspire students to enter into the education profession. The legislature further finds that every category and level of educator should support and inspire the next generation into careers in education.
(2) The legislature finds that a comprehensive effort is needed to repair the disjointed system for attracting persons into certificated educator professions. The legislature acknowledges that Washington is facing a short-term recruitment problem with the immediate need to fill classroom vacancies, but recognizes that it must also solve its long-term recruitment problem by creating a pipeline of interested persons entering into, and remaining in, the educator workforce.
(3) Therefore, the legislature intends to support a multipronged grow-your-own initiative to develop persons from the community, which includes programs that target middle and high school students, paraeducators, military personnel, and career changers who are subject matter experts, and that supports these persons to become educators. The initiative includes:
(a) Improvements to existing programs and activities, including the recruiting Washington teachers program, the high school career and technical education course called careers in education, and the alternative route teacher certification programs; and
(b) Development and implementation of additional programs and activities, including the coordination of existing resources that attract persons with needed skills and abilities, improving standards of practice, and reviewing barriers to recruitment.
REGIONAL RECRUITERS
NEW SECTION.  Sec. 102. A new section is added to chapter 28A.310 RCW to read as follows:
(1) For the purpose of this section, "educator" means a paraeducator, teacher, principal, administrator, superintendent, school counselor, school psychologist, school social worker, school nurse, school physical therapist, school occupational therapist, or school speech-language pathologist or audiologist.
(2) An educational service district may employ a person whose duties are to provide to local school districts the following services related to educator recruitment:
(a) Serve as a liaison between local school districts and educator preparation programs, between their region and other regions in the state, and between the local school districts and agencies that may be helpful in educator recruitment efforts, including the office of the superintendent of public instruction, the Washington professional educator standards board, the paraeducator board, the student achievement council, the state board for community and technical colleges, the state department of veterans affairs, the state military department, and the workforce training and education coordinating board;
(b) Encourage and support local school districts to develop or expand a recruiting Washington teachers program under RCW 28A.415.370, a career and technical education careers in education program, or an alternative route teacher certification program under chapter 28A.660 RCW;
(c) Provide outreach to community members who may be interested in becoming educators, including high school and college students, subject matter experts, and former military personnel and their spouses;
(d) Support persons interested in becoming educators by providing resources and assistance with navigating transition points on the path to a career in education; and
(e) Provide resources and technical assistance to local school districts on best hiring processes and practices.
(3) A person employed to provide the services described in subsection (2) of this section must be reflective of, and have an understanding of, the local community.
(4)(a) The professional educator standards board must administer the regional educator recruitment program. In administering the program and providing any associated grants, the office must prioritize grants to educational service districts whose school districts have the least access to alternative route teacher certification programs under chapter 28A.660 RCW.
(b) Beginning September 1, 2019, the educational service districts in the program must employ a person with the duties and characteristics specified in subsections (2) and (3) of this section. The educational service districts in the program must collaborate with the office of the superintendent of public instruction and the Washington association of educational service districts to prepare the report required in (c) of this subsection.
(c) By December 1, 2021, and in compliance with RCW 43.01.036, the office of the superintendent of public instruction, in collaboration with the Washington association of educational service districts, must evaluate the program and submit a report to the appropriate committees of the legislature. At a minimum, the report must: Summarize the activities of the educational service districts in the program with regard to educator recruitment, including the activities described in subsection (2) of this section, in comparison to the educator recruitment activities of the educational service districts not participating in the program; include any relevant outcome data that is available; and recommend whether the program should be modified, expanded to all educational service districts, or discontinued.
STUDENTS
Sec. 103. RCW 28A.415.370 and 2007 c 402 s 10 are each amended to read as follows:
HIGH SCHOOL STUDENTSTHROUGH THE RECRUITING WASHINGTON TEACHERS PROGRAM.
(1)(a) The recruiting Washington teachers program is established to recruit and provide training and support for high school students to enter the ((teaching profession))field of education, especially in ((teacher)) shortage areas ((and among underrepresented groups and multilingual, multicultural students)). The program shall be administered by the Washington professional educator standards board.
(b) As used in this section, "shortage area" has the definition in RCW 28B.102.020.
(2) The program shall consist of the following components:
(a) Targeted recruitment of diverse high school students((,)) including, but not limited to, students from underrepresented groups and multilingual, multicultural students in grades nine through twelve, through outreach and communication strategies. The focus of recruitment efforts shall be on encouraging students to consider and explore ((becoming future teachers in mathematics, science, bilingual education, special education, and English as a second language. Program enrollment is not limited to students from underrepresented groups or multilingual, multicultural students))careers in the field of education;
(b) A high school curriculum that: Provides future ((teachers))educators with opportunities to observe classroom instruction at all grade levels; includes preteaching internships at all grade levels with a focus on shortage areas; and covers such topics as lesson planning, learning styles, student learning data and information, ((the achievement gap))academic disparities among student subgroups, cultural competency, college success and workforce skills, and education policy;
(c) Academic and community support services ((for students)) to help ((them))students overcome possible barriers to becoming future ((teachers))educators, such as supplemental tutoring; advising on college readiness and college course selection, college applications, and financial aid processes and financial education opportunities; and mentoring. Support services for program participants may continue from high school through the first two years of college; and
(d) Future ((teacher))educator camps held on college campuses where high school students can: Acclimate to the campus, resources, and culture; attend workshops; and interact with college faculty, teacher candidates, and ((current))certificated teachers.
(3) As part of its administration of the program, the Washington professional educator standards board shall:
(a) Develop the curriculum and program guidelines in consultation with an advisory group of teachers, representatives of teacher preparation programs, teacher candidates, high school students, and representatives of diverse communities;
(b) ((Subject to funds appropriated for this purpose,))Allocate grant funds through a competitive process to partnerships of high schools, teacher preparation programs, and community-based organizations to design and deliver programs that include the components under subsection (2) of this section. The board must prioritize grants to partnerships that also have a running start program under chapter 28A.600 RCW; and
(c) Conduct ((an))periodic evaluations of the effectiveness of current strategies and programs for recruiting ((teachers))educators, especially multilingual, multicultural ((teachers))educators, in Washington and in other states. The board shall use the findings from the evaluation to revise the recruiting Washington teachers program as necessary and make other recommendations to teacher preparation programs or the legislature.
CAREER CHANGERS
Sec. 104. RCW 28A.660.020 and 2017 c 14 s 1 are each amended to read as follows:
SUBJECT MATTER EXPERTSTHROUGH ALTERNATIVE ROUTES.
(1) ((The professional educator standards board shall transition the alternative route partnership grant program from a separate competitive grant program to a preparation program model to be expanded among approved preparation program providers.))(a) Alternative route((s))programs are partnerships between Washington professional educator standards board-approved preparation programs, Washington school districts, and other partners as appropriate. Program design of alternative route programs ((shall continue to))must evolve over time to reflect innovations and improvements in educator preparation.
(b) The Washington professional educator standards board must construct rules that address the competitive grant process and program design.
(2) As provided in RCW 28A.410.210, it is the duty of the Washington professional educator standards board to establish policies for the approval of nontraditional preparation programs and to provide oversight and accountability related to the quality of these programs. In establishing and amending rules for alternative route programs, the Washington professional educator standards board shall:
(a) Uphold design criteria for alternative route programs((design)) that ((is))are innovative and reflect((s)) evidence-based practice;
(b) Ensure that approved partnerships reflect district engagement in their resident alternative route program as an integral part of their future workforce development, as well as school and student learning improvement strategies;
(c) ((Amend or adopt rules issuing preservice residents certification))Issue certificates necessary for student teachers to serve as substitute teachers in classrooms within the residency school for up to ten days per school year;
(d) ((Continue to))Prioritize program designs tailored to the needs of experienced paraeducators and candidates of high academic attainment in, or with occupational industry experience relevant to, the subject area they intend to teach. In doing so the program designs must take into account school district demand for certain teacher credentials;
(e) Expand access and opportunity for individuals to become teachers statewide; and
(f) Give preference in admissions to applicants for alternative route programs who are eligible veterans or national guard members and who meet the entry requirements for the alternative route program.
(3) Beginning December 1, 2017, and by December 1st each odd-numbered year thereafter, the Washington professional educator standards board shall report to the education committees of the house of representatives and the senate the following outcomes as indicators that alternative route programs are meeting legislative intent through the regulation and oversight of the Washington professional educator standards board. In considering administrative rules for, and reporting outcomes of, alternative route programs, the Washington professional educator standards board shall examine the ((historical record of the data, reporting on))following data on alternative route program participants:
(a) The number and percentage ((of alternative route completers)) hired as certificated teachers;
(b) The percentage ((of alternative route completers)) from underrepresented populations;
(c) Three-year and five-year retention rates of ((alternative route completers))participants hired as certificated teachers;
(d) The average hiring dates ((of alternative route completers)); and
(e) The percentage ((of alternative route completers)) hired ((in))by districts ((where))in which the participants completed their alternative route programs((was completed)).
(4) ((To the extent funds are appropriated for this purpose,))Alternative route programs may apply for program funds to pay stipends to trained mentor teachers of interns during the mentored internship. The per intern amount of mentor stipend provided by state funds shall not exceed five hundred dollars.
Sec. 105. RCW 28A.660.035 and 2017 c 14 s 2 are each amended to read as follows:
COMMUNITY MEMBERSTHROUGH ALTERNATIVE ROUTES.
The office of the superintendent of public instruction shall identify school districts that have the most significant ((achievement gaps))academic disparities among subgroups of students and for large numbers of those students, and districts that should receive priority for assistance in advancing cultural competency skills in their workforce. The Washington professional educator standards board shall provide assistance to the identified school districts to develop partnership ((grant)) programs between the districts and teacher preparation programs to provide alternative route programs under RCW 28A.660.020 and to recruit paraeducators and other ((individuals))persons in the local community to become ((certified))certificated as teachers. An alternative route partnership program proposed by an identified school district shall receive priority eligibility for partnership grants under RCW 28A.660.020. To the maximum extent possible, the board shall coordinate the recruiting Washington teachers program under RCW 28A.415.370 with the alternative route partnership programs under this section.
NEW SECTION.  Sec. 106. MILITARY PERSONNEL AND THEIR SPOUSESREVIEW BARRIERS TO RECRUITMENT.(1) The Washington professional educator standards board shall convene a work group to examine and make recommendations on recruitment of military personnel and their spouses into educator positions within the school districts. For the purpose of this section, "educator" means a paraeducator, teacher, principal, administrator, superintendent, school counselor, school psychologist, school social worker, school nurse, school physical therapist, school occupational therapist, or school speech-language pathologist or audiologist.
(2) The members of the work group must include representatives from the office of the superintendent of public instruction, the state department of veterans affairs, the state military department, the United States department of defense, educator preparation programs, and state educator associations, and a superintendent from a school district in the vicinity of a military installation.
(3) The work group must review the barriers that exist to former military personnel becoming educators in Washington, including obtaining academic credit for prior learning and financial need.
(4) Staff support for the work group must be provided by the Washington professional educator standards board.
(5) By December 1, 2019, and in compliance with RCW 43.01.036, the work group shall report its findings and recommendations to the appropriate committees of the legislature.
(6) This section expires July 1, 2020.
NEW SECTION.  Sec. 107. A new section is added to chapter 28A.630 RCW to read as follows:
EDUCATIONAL SERVICE DISTRICT ALTERNATIVE ROUTE PILOT PROGRAM.
(1)(a) The office of the superintendent of public instruction shall distribute grants to an educational service district that volunteers to pilot an alternative route teacher certification program, under chapter 28A.660 RCW. The purpose of the grant is to provide financial assistance to teacher candidates enrolled in the educational service district's alternative route teacher certification program with the intent to pursue an initial teacher certificate. The office must provide a grant sufficient to provide eight thousand dollars of financial assistance to thirty teacher candidates in the 2019-20 school year and to forty teacher candidates in the 2020-21 school year.
(b) In piloting the program, the educational service district must:
(i) Engage retired or practicing teachers and administrators who are knowledgeable and experienced classroom teachers to inform the development and curriculum of the program;
(ii) Provide extended support and mentoring through the first three years of a teacher's career, using the components of the beginning educator support team, under RCW 28A.415.265;
(iii) Support school districts in developing school staff and community members to become teachers, so that the district's teachers better reflect the region's demographics, values, and interests; and
(iv) Provide opportunities for classified staff to become teachers.
(2) By November 1, 2024, the volunteer educational service district must report to the office of the superintendent of public instruction with the outcomes of the pilot and any recommendations for implementing alternative route teacher certification programs in other educational service districts. The report must include the following data: (a) The number of teacher candidates applying for, and completing, the alternative route teacher certification program; (b) the number of program completers who are hired as teachers, both in the educational service district and elsewhere in the state; and (c) the retention of teachers in the educational service district before and after implementation of the pilot. The data must be disaggregated by race and ethnicity, gender, type of endorsement, and school. The report must also include feedback from school principals and teachers in the local school districts on the quality of the teacher candidates they worked with during the pilot.
(3) By December 1, 2024, and in compliance with RCW 43.01.036, the office of the superintendent of public instruction must submit the educational service district's report, required under subsection (2) of this section, to the appropriate committees of the legislature, with recommendations for whether the pilot program should be expanded, modified, or terminated.
(4) This section expires August 1, 2025.
PART II
FINANCIAL INCENTIVES, ASSISTANCE, AND SUPPORTS
NEW SECTION.  Sec. 201. FINDINGSINTENT.(1) The legislature finds that financial incentives, assistance, and supports are essential to recruit and retain persons into educator positions within the public common school system. In order to have the most impact, these incentives, assistance, and supports must be related explicitly and directly to the legislature's objectives for recruiting and retaining an educator workforce that will best serve diverse student populations, as well as meet the state's short-term and long-term educator workforce needs.
(2) Therefore, the legislature intends to:
(a) Promote effective incentives, assistance, and supports;
(b) Remove barriers and disincentives; and
(c) Enhance and encourage capacity-building for and coordination between educator preparation programs and the public common school system, especially in underserved areas.
(3) The legislature finds that conditional scholarship and loan repayment programs are effective tools to attract persons into the profession of education and to encourage future teachers to seek certifications in shortage areas. Therefore, the legislature intends to utilize conditional scholarships to recruit candidates to meet targeted needs in education and to assist with keeping new educators in the profession during the early years of their career. The legislature recognizes that the state need grant does not meet the needs of many qualified students, so conditional scholarships are intended to be provided in a "last dollar in" model. The legislature also intends for loan repayment programs to help retain certificated educators who are already working in the public common schools.
(4) The legislature finds that the location and characteristics of a student teacher's field placement are strong predictors of where the teacher takes his or her first job. Therefore, the legislature intends to encourage the appropriate placement of student teachers, especially in high-need subject and geographic areas. In addition, the legislature intends to continue providing grants for student teachers at Title I public common schools.
FIELD PLACEMENTS
Sec. 202. RCW 28B.10.033 and 2016 c 233 s 10 are each amended to read as follows:
FIELD PLACEMENT PLANS.
(1) ((By July 1, 2018,))(a) Each ((institution of higher education with a))Washington professional educator standards board-approved teacher preparation program, including an alternative route teacher certification program, must develop a plan describing how the ((institution of higher education))program will partner with school districts in the general geographic region of the ((school, or where its programs are offered,))program regarding field placement of ((resident))student teachers. The plans must be developed in collaboration with school districts desiring to partner with the ((institutions of higher education))programs, and may include use of unexpended federal or state funds to support residencies and mentoring for students who are likely to continue teaching in the district in which they have a supervised ((student teaching residency))field placement.
(b) Beginning July 1, 2020, the following goals must be considered when developing the plans required under this section:
(i) Field placement of student teachers should be targeted to high-need subject areas, including special education and English learner, and high-need geographic areas, including Title I and rural schools; and
(ii) Student teacher mentors should be highly effective as evidenced by the mentors having received level 3 or above on both criteria 3 (recognizing individual student learning needs and developing strategies to address those needs) and criteria 6 (using multiple student data elements to modify instruction and improve student learning) on their most recent comprehensive performance evaluation under RCW 28A.405.100. Student teacher mentors should also have received or be concurrently receiving professional development in mentoring skills.
(2) The plans required under subsection (1) of this section must be submitted to the professional educator standards board and updated ((at least biennially))by July 1st every even-numbered year.
(3) The professional educator standards board shall post the plans and updates required under this section on its web site.
NEW SECTION.  Sec. 203. A new section is added to chapter 28A.410 RCW to read as follows:
FIELD PLACEMENT PLANS.
Each Washington professional educator standards board-approved teacher preparation program, including an alternative route teacher certification program, must develop a plan regarding field placement of student teachers in accordance with RCW 28B.10.033.
NEW SECTION.  Sec. 204. A new section is added to chapter 28A.630 RCW to read as follows:
FIELD PLACEMENT REPORT.
By December 1, 2019, and in compliance with RCW 43.01.036, the student achievement council, in cooperation with the professional educator standards board-approved teacher preparation programs, the Washington state school directors' association, and the rural education center at Washington State University, must submit a report to the appropriate committees of the legislature. The report must include policy recommendations to encourage or require the professional educator standards board-approved teacher preparation programs to develop relationships with, and provide supervisory support for field placements of student teachers in, school districts that are not in the general geographic area of an approved teacher preparation program.
Sec. 205. RCW 28B.76.699 and 2016 c 233 s 17 are each amended to read as follows:
GRANTS FOR STUDENT TEACHERS AT TITLE I SCHOOLS.
(1) ((Subject to the availability of amounts appropriated for this specific purpose,))The office shall administer a student teaching ((residency)) grant program to provide additional funds to ((individuals completing)) student ((teaching residencies))teachers at Title I public common schools in Washington.
(2) To qualify for the grant, recipients must be enrolled in a Washington professional educator standards board-approved teacher preparation program, be completing or about to start ((a)) student teaching ((residency)) at a Title I public common school, and demonstrate financial need, as defined by the office and consistent with the income criteria required to receive the state need grant established in chapter 28B.92 RCW or applicable rules.
(3)(a) Beginning December 1, 2020, and in compliance with RCW 43.01.036, the office must submit a biennial report to the appropriate committees of the legislature. The report must provide the following information:
(i) Aggregate data on the number of persons who applied for and received the grants awarded under this section, including teacher preparation program type, student teaching school district, and award amount;
(ii) To the maximum extent practicable, aggregate data on where grant recipients are teaching two years and five years after obtaining a teacher certificate, and whether grant recipients remain teaching in Title I public common schools; and
(iii) Recommendations for modifying the grant program.
(b) The education data center must collaborate with the office to provide the data needed for the report required under this section.
(4) The office shall establish rules for administering the grants under this section.
BASIC SKILLS AND CONTENT TEST ASSISTANCE
Sec. 206. RCW 28A.630.205 and 2016 c 233 s 16 are each amended to read as follows:
TEACHER ENDORSEMENT AND CERTIFICATION HELP PROGRAM.
(1) ((Subject to the availability of amounts appropriated for this specific purpose,))The teacher endorsement and certification help ((pilot project))program, known as the TEACH ((pilot))program, is created. ((The scale of the TEACH pilot is dependent on the level of funding appropriated.))
(2) The student achievement council, after consultation with the professional educator standards board, shall have the power and duty to develop and adopt rules as necessary under chapter 34.05 RCW to administer the ((pilot project))program described in this section. The rules, which must be adopted by ((August))November 1, ((2016))2019, must include:
(a) A TEACH ((pilot)) grant application process;
(b) A financial need verification process;
(c) The order of priority in which the applications will be approved; and
(d) A process for disbursing TEACH ((pilot)) grant awards to selected applicants.
(3) A student seeking a TEACH ((pilot)) grant to cover the costs of basic skills and content tests required for initial teacher certification and endorsement must submit an application to the student achievement council, following the rules developed under this section.
(4) To qualify for financial assistance, an applicant must meet the following criteria:
(a) Be enrolled in, have applied to, or have completed a professional educator standards board-approved teacher preparation program;
(b) Demonstrate financial need, as defined by the office of student financial assistance and consistent with the income criteria required to receive the state need grant established in chapter 28B.92 RCW or applicable rules;
(c) Apply for a TEACH ((pilot)) grant under this section; and
(d) Register for an endorsement competency test in one or more endorsement shortage areas, where "shortage area" has the definition in RCW 28B.102.020.
(5) Beginning ((September))November 1, ((2016))2019, the student achievement council, in collaboration with the professional educator standards board, shall award a TEACH ((pilot)) grant to a student who meets the qualifications listed in this section and in rules developed under this section. The TEACH ((pilot)) grant award must cover the costs of basic skills and content tests required for initial teacher certification. The council shall prioritize TEACH ((pilot)) grant awards first to applicants registered for competency tests in endorsement shortage areas and second to applicants with greatest financial need. The council shall scale the number of TEACH ((pilot)) grant awards to the amount of funds appropriated for this purpose.
(6) The student achievement council and the professional educator standards board shall include information about the TEACH ((pilot))program in materials distributed to schools and students.
(7) ((By))Beginning December ((31, 2018))1, 2020, and by December 1st each even-numbered year thereafter, in compliance with RCW 43.01.036, the student achievement council, in collaboration with the professional educator standards board, shall submit a ((preliminary)) report to the appropriate committees of the legislature that details the effectiveness and costs of the ((pilot project))program. The ((preliminary)) report must:
(a) Compare the numbers and demographic information of students taking and passing tests in the endorsement shortage areas before and after implementation of the ((pilot project, and))program;
(b) Determine the amount of TEACH ((pilot)) grants((award financial assistance)) awarded each ((pilot)) year and per student((.
(8) By December 31, 2020, and in compliance with RCW 43.01.036, the student achievement council, in collaboration with the professional educator standards board, shall submit a final report to the appropriate committees of the legislature that details the effectiveness and costs of the pilot project. In addition to updating the preliminary report, the final report must (a)));
(c) Compare the numbers and demographic information of students obtaining teaching certificates with endorsement competencies in the endorsement shortage areas before and after implementation of the ((pilot project,))program; and
(((b)))(d) Recommend whether the ((pilot project))program should be modified, continued, and expanded.
(((9) This section expires July 1, 2021.))
NEW SECTION.  Sec. 207. RECODIFICATION.RCW 28A.630.205 is recodified as a section in chapter 28B.76 RCW.
EDUCATOR CONDITIONAL SCHOLARSHIP AND LOAN REPAYMENT PROGRAMS
NEW SECTION.  Sec. 208. INTENT.(1) By amending the financial assistance programs under this chapter, the legislature intends to: (a) Provide assistance to a broad range of educators including, though not exclusively to, certificated teachers; (b) attract and retain potential educators, especially to meet areas of educator shortage; (c) streamline the administration of the programs; and (d) make the use of state appropriations more flexible.
(2) The legislature intends for the student achievement council to balance the number, the amount, and the type of awards distributed. When selecting participants and defining the awards, the student achievement council shall consult with stakeholders to: (a) Consider the purpose of each financial assistance program; (b) recognize the total cost of attendance to complete an educator preparation program; and (c) consider the needs of the education system, including the need for educators in shortage areas.
Sec. 209. RCW 28B.102.020 and 2012 c 229 s 562 are each amended to read as follows:
DEFINITIONS.
Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter.
(1) "Approved education program" means an education program in ((the state of Washington for knowledge and skills generally learned in preschool through twelfth grade. Approved education programs may include but are not limited to:
(a) K-12 schools under Title 28A RCW; or
(b) Other K-12 educational sites in the state of Washington as designated by the student achievement council))a common school as defined in RCW 28A.150.020.
(2) "Certificate" or "certificated" does not include a limited or conditioned certificate.
(3) "Certificated employee" has the definition in RCW 28A.150.203. "Certificated employee" does not include a paraeducator.
(4) "Conditional scholarship" means a loan that is forgiven in whole or in part ((if the recipient renders))in exchange for service as a ((teacher))certificated employee in an approved education program ((in this state)).
(((3) "Eligible student" means a student who is registered for at least six credit hours or the equivalent, demonstrates high academic achievement, is a resident student as defined by RCW 28B.15.012 and 28B.15.013, and has a declared intention to complete an approved preparation program leading to initial teacher certification or required for earning an additional endorsement, and commits to teaching service in the state of Washington.
(4) "Equalization fee" means the additional amount added to the principal of a loan under this chapter to equate the debt to that which the student would have incurred if the loan had been received through the federal subsidized Stafford student loan program.))
(5) "Eligible veteran or national guard member" means a Washington domiciliary who was an active or reserve member of the United States military or naval forces, or a national guard member called to active duty, who served in active federal service, under either Title 10 or Title 32 of the United States Code, in a war or conflict fought on foreign soil or in international waters or in another location in support of those serving on foreign soil or in international waters, and if discharged from service, has received an honorable discharge.
(6) "Forgiven" or "to forgive" or "forgiveness" means ((to render))that all or part of a loan is canceled in exchange for service as a ((teacher))certificated employee in an approved education program ((in the state of Washington in lieu of monetary repayment)).
(((6)))(7) "Institution of higher education" or "institution" means a college or university in the state of Washington that is accredited by an accrediting association recognized as such by rule of the student achievement council.
(((7)))(8) "Loan repayment" means a federal student loan that is repaid in whole or in part if the ((recipient renders service))borrower serves as a ((teacher))certificated employee in an approved education program ((in Washington state)).
(((8)))(9) "Office" means the office of student financial assistance.
(((9)))(10) "Participant" means ((an eligible student))a person who has received a conditional scholarship or loan repayment under this chapter.
(((10)))(11) "Public school" ((means an elementary school, a middle school, junior high school, or high school within the public school system referred to in Article IX of the state Constitution))has the same meaning as in RCW 28A.150.010.
(((11) "Satisfied" means paid-in-full.
(12) "Teacher))(12) "Shortage area" means ((a shortage of elementary or secondary school teachers in a specific subject area, discipline, classification,))an endorsement or geographic area as defined by the Washington professional educator standards board, in consultation with the office of the superintendent of public instruction, with a shortage of certificated employees. "Shortage area" must be defined biennially using quantitative and qualitative measures.
Sec. 210. RCW 28B.102.030 and 2012 c 229 s 563 are each amended to read as follows:
ADMINISTRATION.
((The future teachers conditional scholarship and loan repayment program is established. The program shall be administered by the student achievement council.)) In administering ((the))educator conditional scholarship and loan repayment programs under this chapter, the student achievement council shall have the following powers and duties:
(1) Select ((students))persons to receive conditional scholarships or loan repayments;
(2) Adopt necessary rules and guidelines;
(3) Publicize the programs in collaboration with the office of the superintendent of public instruction and the Washington professional educator standards board;
(4) Collect and manage repayments from ((students))participants who do not meet their ((teaching))service obligations under this chapter; and
(5) Solicit and accept grants and donations from public and private sources for the programs.
NEW SECTION.  Sec. 211. A new section is added to chapter 28B.102 RCW to read as follows:
PARTICIPANT SELECTION.
(1) The office shall develop an application process for each program under this chapter. The office may use the same application process for more than one program.
(2) The office shall consult with a stakeholder group to develop awarding criteria, consistent with the requirements in this section, for the selection of eligible participants for each program based on the minimum qualifications established in this section and any additional qualifications established in each program description under this chapter.
(3) A person qualifying for a conditional scholarship program under this chapter, at a minimum, must:
(a) Have a financial need, as defined by the office and consistent with the income criteria required to receive the state need grant established in chapter 28B.92 RCW or applicable rules; and
(b) Commit to serving as a certificated employee in an approved education program.
(4) In selecting eligible participants for conditional scholarship programs under this chapter, the office must give priority to persons who are renewing their application in order to complete a certificated employee preparation program.
(5) In selecting eligible participants under this chapter, the office must consider prioritizing persons who: Meet shortage area needs; are first generation college students or graduates; are eligible veteran or national guard members; have characteristics that are underrepresented among certificated employees; or have classroom-based experience.
Sec. 212. RCW 28B.102.045 and 2004 c 58 s 5 are each amended to read as follows:
CONDITION FOR CONTINUED PARTICIPATIONSATISFACTORY PROGRESS.
To receive additional disbursements under ((the))a conditional scholarship program ((under))authorized by this chapter, a participant must be considered by his or her institution of higher education to be in a satisfactory progress condition.
NEW SECTION.  Sec. 213. A new section is added to chapter 28B.102 RCW to read as follows:
AWARDS.
(1)(a) The office is directed to maximize the impact of conditional scholarships and loan repayments awarded under this chapter in light of shortage areas and in response to the trending financial needs of the applicant pool.
(b) In maximizing the impact of the awards, the office may adjust the number and amounts of the conditional scholarships and loan repayments made each year. However, the maximum award authorized under this chapter is eight thousand dollars per person, per academic year.
(2) The allowable uses of a conditional scholarship under this chapter include: Tuition and fees, transportation and housing costs, and educational expenses, including books, supplies, equipment, and technology.
(3) The award of a conditional scholarship under this chapter may not result in reduction of a participant's federal or other state financial aid.
(4) The office must make conditional scholarship and loan repayment awards from moneys in the educator conditional scholarship account created in RCW 28B.102.080.
Sec. 214. RCW 28B.102.090 and 2016 c 233 s 15 are each amended to read as follows:
TEACHER SHORTAGE CONDITIONAL SCHOLARSHIP PROGRAM.
(1) ((Subject to the availability of amounts appropriated for this specific purpose, the office shall develop and administer))The teacher shortage conditional ((grant program as a subprogram within the future teachers conditional scholarship and loan repayment program))scholarship program is created. The purpose of the ((teacher shortage conditional grant)) program is to provide financial aid to encourage ((individuals))persons to become teachers ((by providing financial aid to individuals enrolled in professional educator standards-approved teacher preparation programs))and to retain these teachers in shortage areas.
(2) ((The office has the power and duty to develop and adopt rules as necessary under chapter 34.05 RCW to administer the program described in this section.
(3) As part of the rule-making process under subsection (2) of this section, the office must collaborate with the professional educator standards board, the Washington state school directors' association, and the professional educator standards board-approved teacher preparation programs to develop a framework for the teacher shortage conditional grant program, including eligibility requirements, contractual obligations, conditional grant amounts, and loan repayment requirements.
(4)(a) In developing the eligibility requirements, the office must consider: Whether the individual has a financial need, is a first-generation college student, or is from a traditionally underrepresented group among teachers in Washington; whether the individual is completing an alternative route teacher certification program; whether the individual plans to obtain an endorsement in a hard-to-fill subject, as defined by the professional educator standards board; the characteristic of any geographic shortage area, as defined by the professional educator standards board, that the individual plans to teach in; and whether a school district has committed to offering the individual employment once the individual obtains a residency teacher certificate.
(b) In developing the contractual obligations, the office must consider requiring the individual to: Obtain a Washington state residency teacher certificate; teach in a subject or geographic endorsement shortage area, as defined by the professional educator standards board; and commit to teach for five school years in an approved education program with a need for a teacher with such an endorsement at the time of hire.
(c) In developing the conditional grant award amounts, the office must consider whether the individual is: Enrolled in a public or private institution of higher education, a resident, in a baccalaureate or postbaccalaureate program, or in an alternative route teacher certification program. In addition, the award amounts must not result in a reduction of the individual's federal or state grant aid, including Pell grants, state need grants, college bound scholarships, or opportunity scholarships.
(d) In developing the repayment requirements for a conditional grant that is converted into a loan, the terms and conditions of the loan must follow the interest rate and repayment terms of the federal direct subsidized loan program. In addition, the office must consider the following repayment schedule:
(i) For less than one school year of teaching completed, the loan obligation is eighty-five percent of the conditional grant the student received, plus interest and an equalization fee;
(ii) For less than two school years of teaching completed, the loan obligation is seventy percent of the conditional grant the student received, plus interest and an equalization fee;
(iii) For less than three school years of teaching completed, the loan obligation is fifty-five percent of the conditional grant the student received, plus interest and an equalization fee; and
(iv) For less than four school years of teaching completed, the loan obligation is forty percent of the conditional grant the student received, plus interest and an equalization fee.
(5) By November 1, 2018, and November 1, 2020, the office shall submit reports, in accordance with RCW 43.01.036, to the appropriate committees of the legislature that recommend whether the teacher shortage conditional grant program under this section should be continued, modified, or terminated, and that include information about the recipients of the grants under this program))To qualify for the program an applicant must:
(a) Be accepted into, and maintain enrollment in, a Washington professional educator standards board-approved teacher preparation program leading to an initial teacher certificate; and
(b) Intend to pursue an initial teacher certificate with an endorsement in a shortage area.
(3) Participants are eligible to receive a teacher shortage conditional scholarship for up to four academic years.
NEW SECTION.  Sec. 215. A new section is added to chapter 28B.102 RCW to read as follows:
ALTERNATIVE ROUTE CONDITIONAL SCHOLARSHIP PROGRAM.
(1) The alternative route conditional scholarship program is created. The purpose of the program is to provide financial assistance to encourage persons to become teachers through alternative route teacher certification programs and to retain these teachers in shortage areas.
(2) To qualify for the program an applicant must:
(a) Be accepted into, and maintain enrollment in, an alternative route teacher certification program under chapter 28A.660 RCW; and
(b) Intend to pursue an initial teacher certificate with an endorsement in a shortage area.
(3) Participants are eligible to receive an alternative route conditional scholarship for up to two academic years.
Sec. 216. RCW 28A.660.042 and 2017 c 237 s 19 are each amended to read as follows:
PIPELINE FOR PARAEDUCATORS CONDITIONAL SCHOLARSHIP PROGRAM.
(1) The pipeline for paraeducators conditional scholarship program is created. ((Participation is limited to paraeducators without a college degree who have at least three years of classroom experience. It is anticipated that candidates enrolled in this program will complete their associate of arts degree at a community and technical college in two years or less and become eligible for an endorsement in a subject matter shortage area, as defined by the professional educator standards board, via route one in the alternative routes to teacher certification program provided in this chapter.))The purpose of the program is to support paraeducators who wish to become teachers through alternative route teacher certification programs by providing financial aid for the completion of an associate of arts degree.
(2) ((Entry requirements for candidates include))To qualify for the program an applicant must:
(a) Not have earned a college degree;
(b) Provide documentation from his or her school district or building ((validation)) of ((qualifications, including three))two years of successful student interaction and leadership as a classified instructional employee;
(c) Intend to pursue an initial teacher certificate with an endorsement in a shortage area via an alternative route teacher certification program under chapter 28A.660 RCW; and
(d) Be accepted into, and maintain enrollment for no more than the equivalent of two full-time academic years at, a community and technical college under RCW 28B.50.020.
(3) Participants are eligible to receive a pipeline for paraeducators conditional scholarship for up to four academic years.
Sec. 217. RCW 28A.660.045 and 2015 3rd sp.s. c 9 s 1 are each amended to read as follows:
EDUCATOR RETOOLING CONDITIONAL SCHOLARSHIP PROGRAM.
(1) The educator retooling conditional scholarship program is created. ((Participation is limited to current K-12 teachers and individuals having an elementary education certificate but who are not employed in positions requiring an elementary education certificate. It is anticipated that candidates enrolled in this program will complete the requirements for an endorsement in two years or less.
(2) Entry requirements for candidates include:
(a) Current K-12 teachers shall pursue an endorsement in a subject or geographic endorsement shortage area, as defined by the professional educator standards board, including but not limited to, mathematics, science, special education, bilingual education, English language learner, computer science education, or environmental and sustainability education.
(b) Individuals having an elementary education certificate but who are not employed in positions requiring an elementary education certificate shall pursue an endorsement in a subject or geographic endorsement shortage area, as defined by the professional educator standards board, including but not limited to, mathematics, science, special education, bilingual education, English language learner, computer science education, or environmental and sustainability education.))The purpose of the program is to increase the number of public school teachers with endorsements in shortage areas.
(2) To qualify for the program an applicant must:
(a) Hold a current Washington teacher certificate or an expired Washington teacher certificate issued after 2005;
(b) Pursue an additional endorsement in a shortage area; and
(c) Use one of the Washington professional educator standards board's pathways to complete the additional endorsement requirements in the equivalent of one full-time academic year.
(3) Participants are eligible to receive an educator retooling conditional scholarship for up to two academic years.
NEW SECTION.  Sec. 218. A new section is added to chapter 28B.102 RCW to read as follows:
CAREER AND TECHNICAL EDUCATION CONDITIONAL SCHOLARSHIP PROGRAM.
(1) The career and technical education conditional scholarship program is created. The purpose of the program is to provide financial aid for nonteachers and teachers to obtain necessary certificates and endorsements through any approved route to become career and technical education teachers.
(2) To qualify for the program, an applicant must be:
(a) Accepted into, and maintain enrollment in, a Washington professional educator standards board-approved teacher preparation program; and
(b) Pursuing the necessary certificates and endorsements to teach career and technical education courses.
(3) The office must give priority to applicants who:
(a) Possess a professional license and occupational industry experience applicable to the career and technical education endorsement being pursued;
(b) Are accepted into an alternative route teacher certification program under RCW 28A.660.020; or
(c) Intend to teach career and technical education courses that expose students to industry sectors or occupations in Washington. The industry sectors or occupations are in high demand as determined by the Washington professional educator standards board in consultation with the workforce training and education coordinating board and the office of the superintendent of public instruction.
(4) Participants are eligible to receive a career and technical education conditional scholarship for up to two academic years.
NEW SECTION.  Sec. 219. A new section is added to chapter 28B.102 RCW to read as follows:
CONDITIONAL SCHOLARSHIPFORGIVENESS AND REPAYMENT.
(1)(a) A conditional scholarship awarded under this chapter is forgiven when the participant fulfills the terms of his or her service obligation. The office shall develop the service obligation terms for each conditional scholarship program under this chapter, including that participants must either:
(i) Serve as a certificated employee in an approved education program for two full-time school years for each year of conditional scholarship received; or
(ii) Serve as a certificated employee in a shortage area in an approved education program for one full-time school year for each year of conditional scholarship received.
(b) For participants who meet the terms of their service obligation, the office shall forgive the conditional scholarships according to the service obligation terms and shall maintain all necessary records of such forgiveness.
(2)(a) Participants who do not fulfill their service obligation as required under subsection (1) of this section incur an obligation to repay the conditional scholarship award, with interest and other fees. The office shall develop repayment terms for each conditional scholarship program under this chapter, including interest rate, other fees, minimum payment, and maximum repayment period.
(b) The office shall collect repayments from participants who do not fulfill their service obligation as required under subsection (1) of this section. Collection and servicing of repayments under this section must be pursued using the full extent of the law, including wage garnishment if necessary. The office shall exercise due diligence in maintaining all necessary records to ensure that maximum repayments are collected.
(3) The office shall establish a process for forgiveness, deferment, or forbearance for participants who fail to complete their service obligation due to circumstances beyond the participants' control, for example certain medical conditions, military deployment, declassification of a participant's shortage area, or hardship for a participant to relocate to an approved education program with a shortage area, provided the participant was serving as a certificated employee in a shortage area in an approved education program.
Sec. 220. RCW 28B.102.055 and 2011 1st sp.s. c 11 s 180 are each amended to read as follows:
FEDERAL STUDENT LOAN REPAYMENT IN EXCHANGE FOR TEACHING SERVICE PROGRAM.
(1) Upon documentation of federal student loan indebtedness, the office may enter into agreements with ((participants))certificated teachers to repay all or part of a federal student loan in exchange for teaching service in a shortage area in an approved education((al)) program. ((The ratio of loan repayment to years of teaching service for the loan repayment program shall be the same as established for the conditional scholarship program.))Teachers eligible for loan repayment under this section must hold an endorsement in the content area in which they are assigned to teach during the period of repayment.
(2) The agreement shall specify the period of time it is in effect and detail the obligations of the office and the participant, including the amount to be paid to the participant. The ratio of loan repayment to years of teaching service for the loan repayment program must be the same as established for the conditional scholarship programs under section 219 of this act. The agreement ((may))must also specify the ((geographic location and subject matter))shortage area of teaching service for which loan repayment will be provided.
(3) At the end of each school year, a participant under this section shall provide evidence to the office that the requisite teaching service has been provided. Upon receipt of the evidence, the office shall pay the participant the agreed-upon amount for one year of full-time teaching service or a prorated amount for less than full-time teaching service. To qualify for additional loan repayments, the participant must be engaged in continuous teaching service as defined by the office. The office may approve leaves of absence from continuous service and other deferments as may be necessary.
(4) The office may, at its discretion, arrange to make the loan repayment directly to the holder of the participant's federal student loan.
(5) The office may not reimburse a participant for loan repayments made before the participant entered into an agreement with the office under this section.
(6) The office's obligations to a participant under this section shall cease when:
(a) The terms of the agreement have been fulfilled;
(b) The participant is assigned to teach in a content area in which he or she is not endorsed;
(c) The participant fails to maintain continuous teaching service as determined by the office; or
(((c)))(d) All of the participant's federal student loans have been repaid.
(((6) The office shall adopt rules governing loan repayments, including approved leaves of absence from continuous teaching service and other deferments as may be necessary.))
NEW SECTION.  Sec. 221. A new section is added to chapter 28B.102 RCW to read as follows:
REPORTS TO THE LEGISLATURE.
Beginning November 1, 2020, and by November 1st each even-numbered year thereafter, the office shall submit a report, in accordance with RCW 43.01.036, to the appropriate committees of the legislature recommending whether the educator conditional scholarship and loan repayment programs under this chapter should be continued, modified, or terminated. The report must include information about the number of applicants for, and participants in, each program. To the extent possible, this information should be disaggregated by age, gender, race and ethnicity, family income, and unmet financial need. The report must include information about participant deferments and repayments. The report must also include information on moneys received by and disbursed from the educator conditional scholarship account under RCW 28B.102.080 each fiscal year.
Sec. 222. RCW 28B.102.080 and 2011 1st sp.s. c 11 s 182 are each amended to read as follows:
CUSTODIAL ACCOUNT.
(1) The ((future teachers))educator conditional scholarship account is created in the custody of the state treasurer. An appropriation is not required for expenditures of funds from the account. The account is not subject to allotment procedures under chapter 43.88 RCW except for moneys used for program administration.
(2) The office shall deposit in the account all moneys received for the ((future teachers))educator conditional scholarship and loan repayment ((program and for conditional loan)) programs under this chapter (( 28A.660 RCW)). The account shall be self-sustaining and consist of funds appropriated by the legislature for the ((future teachers))educator conditional scholarship and loan repayment programs under this chapter, private contributions to the programs, and receipts from participant repayments from the ((future teachers conditional scholarship and loan repayment)) programs((, and conditional loan programs established under chapter 28A.660 RCW)). Beginning July 1, 2004, the office shall also deposit into the account: (a) All funds from the institution of higher education loan account that are traceable to any conditional scholarship program for teachers or prospective teachers established by the legislature before June 10, 2004; and (b) all amounts repaid by ((individuals))participants under any such program.
(3) Expenditures from the account may be used ((solely for conditional loans and loan repayments to participants in the future teachers conditional scholarship and loan repayment program established by this chapter, conditional scholarships for participants in programs established in chapter 28A.660 RCW, and costs associated with program administration by the office))only for the purposes of this chapter.
(4) Disbursements from the account may be made only on the authorization of the office.
(((5) During the 2009-2011 fiscal biennium, the legislature may transfer from the future teachers conditional scholarship account to the state general fund such amounts as reflect the excess fund balance of the account.))
Sec. 223. RCW 43.79A.040 and 2018 c 260 s 28, 2018 c 258 s 4, and 2018 c 127 s 6 are each reenacted and amended to read as follows:
MANAGEMENT OF TREASURER'S TRUST FUND.
(1) Money in the treasurer's trust fund may be deposited, invested, and reinvested by the state treasurer in accordance with RCW 43.84.080 in the same manner and to the same extent as if the money were in the state treasury, and may be commingled with moneys in the state treasury for cash management and cash balance purposes.
(2) All income received from investment of the treasurer's trust fund must be set aside in an account in the treasury trust fund to be known as the investment income account.
(3) The investment income account may be utilized for the payment of purchased banking services on behalf of treasurer's trust funds including, but not limited to, depository, safekeeping, and disbursement functions for the state treasurer or affected state agencies. The investment income account is subject in all respects to chapter 43.88 RCW, but no appropriation is required for payments to financial institutions. Payments must occur prior to distribution of earnings set forth in subsection (4) of this section.
(4)(a) Monthly, the state treasurer must distribute the earnings credited to the investment income account to the state general fund except under (b), (c), and (d) of this subsection.
(b) The following accounts and funds must receive their proportionate share of earnings based upon each account's or fund's average daily balance for the period: The 24/7 sobriety account, the Washington promise scholarship account, the Gina Grant Bull memorial legislative page scholarship account, the Washington advanced college tuition payment program account, the Washington college savings program account, the accessible communities account, the Washington achieving a better life experience program account, the community and technical college innovation account, the agricultural local fund, the American Indian scholarship endowment fund, the foster care scholarship endowment fund, the foster care endowed scholarship trust fund, the contract harvesting revolving account, the Washington state combined fund drive account, the commemorative works account, the county enhanced 911 excise tax account, the toll collection account, the developmental disabilities endowment trust fund, the energy account, the fair fund, the family and medical leave insurance account, the fish and wildlife federal lands revolving account, the natural resources federal lands revolving account, the food animal veterinarian conditional scholarship account, the forest health revolving account, the fruit and vegetable inspection account, the ((future teachers))educator conditional scholarship account, the game farm alternative account, the GET ready for math and science scholarship account, the Washington global health technologies and product development account, the grain inspection revolving fund, the Washington history day account, the industrial insurance rainy day fund, the juvenile accountability incentive account, the law enforcement officers' and firefighters' plan 2 expense fund, the local tourism promotion account, the low-income home rehabilitation revolving loan program account, the multiagency permitting team account, the northeast Washington wolf-livestock management account, the pilotage account, the produce railcar pool account, the regional transportation investment district account, the rural rehabilitation account, the Washington sexual assault kit account, the stadium and exhibition center account, the youth athletic facility account, the self-insurance revolving fund, the children's trust fund, the Washington horse racing commission Washington bred owners' bonus fund and breeder awards account, the Washington horse racing commission class C purse fund account, the individual development account program account, the Washington horse racing commission operating account, the life sciences discovery fund, the Washington state heritage center account, the reduced cigarette ignition propensity account, the center for childhood deafness and hearing loss account, the school for the blind account, the Millersylvania park trust fund, the public employees' and retirees' insurance reserve fund, the school employees' benefits board insurance reserve fund, (([the]))the public employees' and retirees' insurance account, (([the]))the school employees' insurance account, and the radiation perpetual maintenance fund.
(c) The following accounts and funds must receive eighty percent of their proportionate share of earnings based upon each account's or fund's average daily balance for the period: The advanced right-of-way revolving fund, the advanced environmental mitigation revolving account, the federal narcotics asset forfeitures account, the high occupancy vehicle account, the local rail service assistance account, and the miscellaneous transportation programs account.
(d) Any state agency that has independent authority over accounts or funds not statutorily required to be held in the custody of the state treasurer that deposits funds into a fund or account in the custody of the state treasurer pursuant to an agreement with the office of the state treasurer shall receive its proportionate share of earnings based upon each account's or fund's average daily balance for the period.
(5) In conformance with Article II, section 37 of the state Constitution, no trust accounts or funds shall be allocated earnings without the specific affirmative directive of this section.
NEW SECTION.  Sec. 224. REPEALERS.The following acts or parts of acts are each repealed:
(1) RCW 28B.102.010 (IntentLegislative findings) and 2004 c 58 s 1 & 1987 c 437 s 1;
(2) RCW 28B.102.040 (Selection of participantsProcessesCriteria) and 2011 1st sp.s. c 11 s 178, 2008 c 170 s 306, & 2005 c 518 s 918;
(3) RCW 28B.102.050 (Award of conditional scholarships and loan repaymentsAmountDuration) and 2011 1st sp.s. c 11 s 179, 2004 c 58 s 6, & 1987 c 437 s 5;
(4) RCW 28B.102.060 (Repayment obligation) and 2011 1st sp.s. c 11 s 181, 2011 c 26 s 4, 2004 c 58 s 7, 1996 c 53 s 2, 1993 c 423 s 1, 1991 c 164 s 6, & 1987 c 437 s 6;
(5) RCW 28A.660.050 (Conditional scholarship programsRequirementsRecipients) and 2016 c 233 s 14, 2015 3rd sp.s. c 9 s 2, 2015 1st sp.s. c 3 s 4, 2012 c 229 s 507, 2011 1st sp.s. c 11 s 134, & 2010 c 235 s 505; and
(6) RCW 28A.660.055 (Eligible veteran or national guard memberDefinition) and 2009 c 192 s 3.
NEW SECTION.  Sec. 225. RECODIFICATION.RCW 28A.660.042 and RCW 28A.660.045 are each recodified as sections in chapter 28B.102 RCW.
NEW SECTION.  Sec. 226. A new section is added to chapter 28A.660 RCW to read as follows:
Nothing in sections 208 through 224 of this act modifies or otherwise affects conditional scholarship or loan repayment agreements under this chapter or chapter 28B.102 RCW existing before the effective date of this section.
NEW SECTION.  Sec. 227. A new section is added to chapter 28B.102 RCW to read as follows:
Nothing in sections 208 through 224 of this act modifies or otherwise affects conditional scholarship or loan repayment agreements under this chapter or chapter 28A.660 RCW existing before the effective date of this section.
TUITION WAIVERS
Sec. 228. RCW 28B.15.558 and 2016 c 233 s 18 are each amended to read as follows:
SPACE AVAILABLE TUITION WAIVERS.
(1) The governing boards of the state universities, the regional universities, The Evergreen State College, and the community and technical colleges may waive all or a portion of the tuition and services and activities fees for state employees as defined under subsection (2) of this section ((and)), teachers((,))and other certificated instructional staff under subsection (3) of this section, and K-12 classified staff under subsection (4) of this section. The enrollment of these persons is pursuant to the following conditions:
(a) Such persons shall register for and be enrolled in courses on a space available basis and no new course sections shall be created as a result of the registration;
(b) Enrollment information on persons registered pursuant to this section shall be maintained separately from other enrollment information and shall not be included in official enrollment reports, nor shall such persons be considered in any enrollment statistics that would affect budgetary determinations; and
(c) Persons registering on a space available basis shall be charged a registration fee of not less than five dollars.
(2) For the purposes of this section, "state employees" means persons employed half-time or more in one or more of the following employee classifications:
(a) Permanent employees in classified service under chapter 41.06 RCW;
(b) Permanent employees governed by chapter 41.56 RCW pursuant to the exercise of the option under RCW 41.56.201;
(c) Permanent classified employees and exempt paraprofessional employees of technical colleges; and
(d) Faculty, counselors, librarians, and exempt professional and administrative employees at institutions of higher education as defined in RCW 28B.10.016.
(3) The waivers available to state employees under this section shall also be available to teachers and other certificated instructional staff employed at public common and vocational schools((, holding or seeking a valid endorsement and assignment in a state-identified shortage area)).
(4) The waivers available under this section shall also be available to classified staff employed at ((K-12)) public common schools, as defined in RCW 28A.150.020, when used for coursework relevant to the work assignment or coursework that is part of a teacher preparation program.
(5) In awarding waivers, an institution of higher education may award waivers to eligible persons employed by the institution before considering waivers for eligible persons who are not employed by the institution.
(6) If an institution of higher education exercises the authority granted under this section, it shall include all eligible state employees in the pool of persons eligible to participate in the program.
(7) In establishing eligibility to receive waivers, institutions of higher education may not discriminate between full-time employees and employees who are employed half-time or more.
(8) Each institution of higher education that awards waivers under this section must report annually to the student achievement council with the number, type, and value of waivers awarded under this section in the prior academic year, and must compare this information with other tuition and fee waivers awarded by the institution.
TEACHER PREPARATION PROGRAM EXPANSION
NEW SECTION.  Sec. 229. EXPAND ENROLLMENTS IN HIGH-NEED SUBJECTS AND LOCATIONS.The legislature recognizes the important role of teacher preparation programs in addressing the shortages in the educator career continuum. Through the omnibus appropriations act, the legislature intends to prioritize the expansion of teacher preparation program enrollments in high-need subjects and high-need locations within the state, taking into consideration the community and technical colleges' capacity to contribute to teacher preparation.
PART III
RETENTION STRATEGIES
NEW SECTION.  Sec. 301. FINDINGSINTENT.(1) The legislature finds that the most successful education systems have robust, well-prepared educators and educator leaders, with ample and relevant mentoring and professional learning opportunities appropriate to their roles and career aspirations. Further, the legislature finds that cultivating a public common school system that focuses on the growth of educator knowledge, skills, and dispositions to help students perform at high levels not only supports better professional practice, but results in greater professional satisfaction for educators.
(2) The legislature finds that excessively rigid policies have had the unintended consequence of preventing qualified and effective educators from remaining in the common schools. Barriers to educator retention, such as lack of induction and mentoring for beginning educators, a complicated and burdensome certification system, and frequent comprehensive performance evaluation requirements must be addressed. The legislature acknowledges that a substantial step towards reducing the barriers of complicated and burdensome certification requirements was taken in chapter 26, Laws of 2017 by creating a flexible option for renewing teacher and administrator certificates. However, continued legislative review and refinement of the link between certification programs, effective pedagogy, and professional satisfaction is necessary to strengthen educator retention efforts.
(3) Further efforts can also focus on the improvement of working conditions within schools and school districts. The legislature acknowledges that the demands on educators must be balanced with an encouragement of their excitement for the profession. The legislature intends to expand upon successful educator induction and mentoring programs such as the beginning educator support team program, and to streamline the teacher and principal evaluation program requirements for the highest performing educators.
BEGINNING EDUCATOR SUPPORT
Sec. 302. RCW 28A.415.265 and 2016 c 233 s 11 are each amended to read as follows:
(1) For the purposes of this section, a mentor educator is ((an educator))a teacher or principal who: Has ((achieved appropriate))successfully completed training in assisting, coaching, and advising beginning principals, beginning teachers, or student ((teaching residents))teachers as defined by the office of the superintendent of public instruction((, such as national board certification or other specialized training)); has been selected using mentor standards developed by the office of the superintendent of public instruction; and is participating in ongoing mentor skills professional development.
(2)(a) The beginning educator support team program is established to provide professional development and ((mentor support))mentoring for beginning ((educators))principals, beginning teachers, and candidates in alternative route teacher certification programs under chapter 28A.660 RCW ((28A.660.040, and educators on probation under RCW 28A.405.100, to be composed of the beginning educator support team for beginning educators and continuous improvement coaching for educators on probation, as provided in this section)).
(b) The superintendent of public instruction shall notify school districts about the beginning educator support team program and encourage districts to apply for program funds.
(3) ((Subject to the availability of amounts appropriated for this specific purpose,))The office of the superintendent of public instruction shall allocate funds for the beginning educator support team program on a competitive basis to individual school districts or consortia of districts. School districts are encouraged to include educational service districts in creating regional consortia. In allocating funds, the office of the superintendent of public instruction shall give priority to:
(a) ((School districts with low-performing schools identified under RCW 28A.657.020 as being challenged schools in need of improvement; and))Schools and districts identified for comprehensive or targeted support and improvement as required under the federal elementary and secondary education act;
(b) School districts with a large influx of beginning principals or beginning classroom teachers; and
(c) School districts that demonstrate an understanding of the research-based standards for beginning educator induction developed by the office of the superintendent of public instruction.
(4) A portion of the appropriated funds may be used for program coordination and provision of statewide or regional professional development through the office of the superintendent of public instruction.
(5) A beginning educator support team program must include the following components:
(a) A paid instructional orientation or individualized assistance before the start of the school year for ((beginning educators))program participants;
(b) ((Assignment of))A trained and qualified mentor assigned to each program participant for ((the first))up to three years ((for beginning educators)), with intensive support in the first year and decreasing support ((over the following))in subsequent years ((depending on the needs of the beginning educator));
(c) A goal to provide ((beginning teachers))program participants from underrepresented populations with a mentor who has strong ties to underrepresented populations;
(d) Ongoing professional development ((for beginning educators that is)) designed to meet ((their))the unique needs of each program participant for supplemental training and skill development;
(e) Initial and ongoing professional development for mentors;
(f) Release time for mentors and ((their designated educators))program participants to work together, as well as time for ((educators))program participants to observe accomplished peers; ((and))
(g) To the extent possible, a school or classroom assignment that is appropriate for a beginning principal or beginning teacher;
(h) Nonevaluative observations with written feedback for program participants;
(i) Support in understanding and participating in the state and district evaluation process and using the instructional or leadership framework, or both, to promote growth;
(j) Adherence to research-based standards for beginning educator induction developed by the office of the superintendent of public instruction; and
(k) A program evaluation using a standard evaluation tool or tools((provided from))designed by the office of the superintendent of public instruction that measures: (i) Increased knowledge, skills, and positive impact on student learning for program participants; and (ii) increased retention of program participants.
(6) ((Subject to the availability of amounts appropriated for this specific purpose,))The beginning educator support team program components under subsection (((3)))(5) of this section may be provided for continuous improvement coaching to support educators on probation under RCW 28A.405.100.
EVALUATIONS
Sec. 303. RCW 28A.405.100 and 2012 c 35 s 1 are each amended to read as follows:
(1)(a) Except as provided in subsection (2) of this section, the superintendent of public instruction shall establish and may amend from time to time minimum criteria for the evaluation of the professional performance capabilities and development of certificated classroom teachers and certificated support personnel. For classroom teachers the criteria shall be developed in the following categories: Instructional skill; classroom management, professional preparation and scholarship; effort toward improvement when needed; the handling of student discipline and attendant problems; and interest in teaching pupils and knowledge of subject matter.
(b) Every board of directors shall, in accordance with procedure provided in RCW 41.59.010 through 41.59.170, 41.59.910, and 41.59.920, establish evaluative criteria and procedures for all certificated classroom teachers and certificated support personnel. The evaluative criteria must contain as a minimum the criteria established by the superintendent of public instruction pursuant to this section and must be prepared within six months following adoption of the superintendent of public instruction's minimum criteria. The district must certify to the superintendent of public instruction that evaluative criteria have been so prepared by the district.
(2)(a) ((Pursuant to the implementation schedule established in subsection (7)(c) of this section,))Every board of directors shall, in accordance with procedures provided in RCW 41.59.010 through 41.59.170, 41.59.910, and 41.59.920, establish ((revised)) evaluative criteria and a four-level rating system for all certificated classroom teachers.
(b) The minimum criteria shall include: (i) Centering instruction on high expectations for student achievement; (ii) demonstrating effective teaching practices; (iii) recognizing individual student learning needs and developing strategies to address those needs; (iv) providing clear and intentional focus on subject matter content and curriculum; (v) fostering and managing a safe, positive learning environment; (vi) using multiple student data elements to modify instruction and improve student learning; (vii) communicating and collaborating with parents and the school community; and (viii) exhibiting collaborative and collegial practices focused on improving instructional practice and student learning. Student growth data must be a substantial factor in evaluating the ((summative)) performance of certificated classroom teachers for at least three of the evaluation criteria listed in this subsection.
(c) The four-level rating system used to evaluate the certificated classroom teacher must describe performance along a continuum that indicates the extent to which the criteria have been met or exceeded. The ((summative)) performance ratings shall be as follows: Level 1 - unsatisfactory; level 2 - basic; level 3 - proficient; and level 4 - distinguished. A classroom teacher shall receive one of the four ((summative)) performance ratings for each of the minimum criteria in (b) of this subsection and one of the four ((summative)) performance ratings for the evaluation as a whole, which shall be the comprehensive ((summative evaluation)) performance rating. ((By December 1, 2012,))The superintendent of public instruction must adopt rules prescribing a common method for calculating the comprehensive ((summative evaluation)) performance rating for each of the preferred instructional frameworks, including for a focused performance evaluation under subsection (12) of this section, giving appropriate weight to the indicators evaluated under each criteria and maximizing rater agreement among the frameworks.
(d) ((By December 1, 2012,))The superintendent of public instruction shall adopt rules that provide descriptors for each of the ((summative)) performance ratings((, based on the development work of pilot school districts under subsection (7) of this section. Any subsequent changes to the descriptors by the superintendent may only be))with updates to the rules made following consultation with ((a group broadly reflective of the parties represented))the steering committee described in subsection (7)(a)(i) of this section.
(e) ((By September 1, 2012,))The superintendent of public instruction shall identify up to three preferred instructional frameworks that support the ((revised))four-level rating evaluation system. The instructional frameworks shall be research-based and establish definitions or rubrics for each of the four ((summative)) performance ratings for each evaluation criteria. Each school district must adopt one of the preferred instructional frameworks and post the selection on the district's web site. The superintendent of public instruction shall establish a process for approving minor modifications or adaptations to a preferred instructional framework that may be proposed by a school district.
(f) Student growth data that is relevant to the teacher and subject matter must be a factor in the evaluation process and must be based on multiple measures that can include classroom-based, school-based, district-based, and state-based tools. Student growth data elements may include the teacher's performance as a member of a grade-level, subject matter, or other instructional team within a school when the use of this data is relevant and appropriate. Student growth data elements may also include the teacher's performance as a member of the overall instructional team of a school when use of this data is relevant and appropriate. As used in this subsection, "student growth" means the change in student achievement between two points in time.
(g) Student input may also be included in the evaluation process.
(3)(a) Except as provided in subsection (11) of this section, it shall be the responsibility of a principal or his or her designee to evaluate all certificated personnel in his or her school. During each school year all classroom teachers and certificated support personnel shall be observed for the purposes of evaluation at least twice in the performance of their assigned duties. Total observation time for each employee for each school year shall be not less than sixty minutes. An employee in the third year of provisional status as defined in RCW 28A.405.220 shall be observed at least three times in the performance of his or her duties and the total observation time for the school year shall not be less than ninety minutes. Following each observation, or series of observations, the principal or other evaluator shall promptly document the results of the observation in writing, and shall provide the employee with a copy thereof within three days after such report is prepared. New employees shall be observed at least once for a total observation time of thirty minutes during the first ninety calendar days of their employment period.
(b) As used in this subsection and subsection (4) of this section, "employees" means classroom teachers and certificated support personnel except where otherwise specified.
(4)(a) At any time after October 15th, an employee whose work is not judged satisfactory based on district evaluation criteria shall be notified in writing of the specific areas of deficiencies along with a reasonable program for improvement. For classroom teachers who ((have been transitioned to the revised evaluation system pursuant to the district implementation schedule adopted under subsection (7)(c) of this section))are required to be on the four-level rating evaluation system, the following comprehensive ((summative evaluation)) performance ratings based on the evaluation criteria in subsection (2)(b) of this section mean a classroom teacher's work is not judged satisfactory:
(i) Level 1; or
(ii) Level 2 if the classroom teacher is a continuing contract employee under RCW 28A.405.210 with more than five years of teaching experience and if the level 2 comprehensive ((summative evaluation)) performance rating has been received for two consecutive years or for two years within a consecutive three-year time period.
(b) During the period of probation, the employee may not be transferred from the supervision of the original evaluator. Improvement of performance or probable cause for nonrenewal must occur and be documented by the original evaluator before any consideration of a request for transfer or reassignment as contemplated by either the individual or the school district. A probationary period of sixty school days shall be established. Days may be added if deemed necessary to complete a program for improvement and evaluate the probationer's performance, as long as the probationary period is concluded before May 15th of the same school year. The probationary period may be extended into the following school year if the probationer has five or more years of teaching experience and has a comprehensive ((summative evaluation)) performance rating as of May 15th of less than level 2. The establishment of a probationary period does not adversely affect the contract status of an employee within the meaning of RCW 28A.405.300. The purpose of the probationary period is to give the employee opportunity to demonstrate improvements in his or her areas of deficiency. The establishment of the probationary period and the giving of the notice to the employee of deficiency shall be by the school district superintendent and need not be submitted to the board of directors for approval. During the probationary period the evaluator shall meet with the employee at least twice monthly to supervise and make a written evaluation of the progress, if any, made by the employee. The evaluator may authorize one additional certificated employee to evaluate the probationer and to aid the employee in improving his or her areas of deficiency. Should the evaluator not authorize such additional evaluator, the probationer may request that an additional certificated employee evaluator become part of the probationary process and this request must be implemented by including an additional experienced evaluator assigned by the educational service district in which the school district is located and selected from a list of evaluation specialists compiled by the educational service district. Such additional certificated employee shall be immune from any civil liability that might otherwise be incurred or imposed with regard to the good faith performance of such evaluation. If a procedural error occurs in the implementation of a program for improvement, the error does not invalidate the probationer's plan for improvement or evaluation activities unless the error materially affects the effectiveness of the plan or the ability to evaluate the probationer's performance. The probationer must be removed from probation if he or she has demonstrated improvement to the satisfaction of the evaluator in those areas specifically detailed in his or her initial notice of deficiency and subsequently detailed in his or her program for improvement. A classroom teacher who ((has been transitioned to the revised evaluation system pursuant to the district implementation schedule adopted under subsection (7)(c) of this section))is required to be on the four-level rating evaluation system must be removed from probation if he or she has demonstrated improvement that results in a new comprehensive ((summative evaluation)) performance rating of level 2 or above for a provisional employee or a continuing contract employee with five or fewer years of experience, or of level 3 or above for a continuing contract employee with more than five years of experience. Lack of necessary improvement during the established probationary period, as specifically documented in writing with notification to the probationer constitutes grounds for a finding of probable cause under RCW 28A.405.300 or 28A.405.210.
(c) When a continuing contract employee with five or more years of experience receives a comprehensive ((summative evaluation)) performance rating below level 2 for two consecutive years, the school district shall, within ten days of the completion of the second ((summative)) comprehensive (([comprehensive summative]))performance evaluation or May 15th, whichever occurs first, implement the employee notification of discharge as provided in RCW 28A.405.300.
(d) Immediately following the completion of a probationary period that does not produce performance changes detailed in the initial notice of deficiencies and program for improvement, the employee may be removed from his or her assignment and placed into an alternative assignment for the remainder of the school year. In the case of a classroom teacher who ((has been transitioned to the revised evaluation system pursuant to the district implementation schedule adopted under subsection (7)(c) of this section))is required to be on the four-level rating evaluation system, the teacher may be removed from his or her assignment and placed into an alternative assignment for the remainder of the school year immediately following the completion of a probationary period that does not result in the required comprehensive ((summative evaluation)) performance ratings specified in (b) of this subsection. This reassignment may not displace another employee nor may it adversely affect the probationary employee's compensation or benefits for the remainder of the employee's contract year. If such reassignment is not possible, the district may, at its option, place the employee on paid leave for the balance of the contract term.
(5) Every board of directors shall establish evaluative criteria and procedures for all superintendents, principals, and other administrators. It shall be the responsibility of the district superintendent or his or her designee to evaluate all administrators. Except as provided in subsection (6) of this section, such evaluation shall be based on the administrative position job description. Such criteria, when applicable, shall include at least the following categories: Knowledge of, experience in, and training in recognizing good professional performance, capabilities and development; school administration and management; school finance; professional preparation and scholarship; effort toward improvement when needed; interest in pupils, employees, patrons and subjects taught in school; leadership; and ability and performance of evaluation of school personnel.
(6)(a) ((Pursuant to the implementation schedule established by subsection (7)(b) of this section,))Every board of directors shall establish ((revised)) evaluative criteria and a four-level rating system for principals.
(b) The minimum criteria shall include: (i) Creating a school culture that promotes the ongoing improvement of learning and teaching for students and staff; (ii) demonstrating commitment to closing the achievement gap; (iii) providing for school safety; (iv) leading the development, implementation, and evaluation of a data-driven plan for increasing student achievement, including the use of multiple student data elements; (v) assisting instructional staff with alignment of curriculum, instruction, and assessment with state and local district learning goals; (vi) monitoring, assisting, and evaluating effective instruction and assessment practices; (vii) managing both staff and fiscal resources to support student achievement and legal responsibilities; and (viii) partnering with the school community to promote student learning. Student growth data must be a substantial factor in evaluating the ((summative)) performance of the principal for at least three of the evaluation criteria listed in this subsection.
(c) The four-level rating system used to evaluate the principal must describe performance along a continuum that indicates the extent to which the criteria have been met or exceeded. The ((summative)) performance ratings shall be as follows: Level 1 - unsatisfactory; level 2 - basic; level 3 - proficient; and level 4 - distinguished. A principal shall receive one of the four ((summative)) performance ratings for each of the minimum criteria in (b) of this subsection and one of the four summative performance ratings for the evaluation as a whole, which shall be the comprehensive ((summative evaluation)) performance rating.
(d) ((By December 1, 2012,))The superintendent of public instruction shall adopt rules that provide descriptors for each of the ((summative)) performance ratings, ((based on the development work of pilot school districts under subsection (7) of this section. Any subsequent changes to the descriptors by the superintendent may only be))with updates to the rules made following consultation with ((a group broadly reflective of the parties represented))the steering committee described in subsection (7)(a)(i) of this section.
(e) ((By September 1, 2012,))The superintendent of public instruction shall identify up to three preferred leadership frameworks that support the ((revised))four-level rating evaluation system. The leadership frameworks shall be research-based and establish definitions or rubrics for each of the four performance ratings for each evaluation criteria. Each school district shall adopt one of the preferred leadership frameworks and post the selection on the district's web site. The superintendent of public instruction shall establish a process for approving minor modifications or adaptations to a preferred leadership framework that may be proposed by a school district.
(f) Student growth data that is relevant to the principal must be a factor in the evaluation process and must be based on multiple measures that can include classroom-based, school-based, district-based, and state-based tools. As used in this subsection, "student growth" means the change in student achievement between two points in time.
(g) Input from building staff may also be included in the evaluation process.
(h) ((For principals who have been transitioned to the revised evaluation system pursuant to the district implementation schedule adopted under subsection (7)(c) of this section,))The following comprehensive ((summative evaluation)) performance ratings mean a principal's work is not judged satisfactory:
(i) Level 1; or
(ii) Level 2 if the principal has more than five years of experience in the principal role and if the level 2 comprehensive ((summative evaluation)) performance rating has been received for two consecutive years or for two years within a consecutive three-year time period.
(7)(a) ((The superintendent of public instruction, in collaboration with state associations representing teachers, principals, administrators, school board members, and parents, to be known as the steering committee, shall create models for implementing the evaluation system criteria, student growth tools, professional development programs, and evaluator training for certificated classroom teachers and principals. Human resources specialists, professional development experts, and assessment experts must also be consulted. Due to the diversity of teaching assignments and the many developmental levels of students, classroom teachers and principals must be prominently represented in this work. The models must be available for use in the 2011-12 school year.
(b) A new certificated classroom teacher evaluation system that implements the provisions of subsection (2) of this section and a new principal evaluation system that implements the provisions of subsection (6) of this section shall be phased-in beginning with the 2010-11 school year by districts identified in (d) of this subsection and implemented in all school districts beginning with the 2013-14 school year.
(c) Each school district board of directors shall adopt a schedule for implementation of the revised evaluation systems that transitions a portion of classroom teachers and principals in the district to the revised evaluation systems each year beginning no later than the 2013-14 school year, until all classroom teachers and principals are being evaluated under the revised evaluation systems no later than the 2015-16 school year. A school district is not precluded from completing the transition of all classroom teachers and principals to the revised evaluation systems before the 2015-16 school year. The schedule adopted under this subsection (7)(c) must provide that the following employees are transitioned to the revised evaluation systems beginning in the 2013-14 school year:
(i) Classroom teachers who are provisional employees under RCW 28A.405.220;
(ii) Classroom teachers who are on probation under subsection (4) of this section;
(iii) Principals in the first three consecutive school years of employment as a principal;
(iv) Principals whose work is not judged satisfactory in their most recent evaluation; and
(v) Principals previously employed as a principal by another school district in the state of Washington for three or more consecutive school years and in the first full year as a principal in the school district.
(d) A set of school districts shall be selected by the superintendent of public instruction to participate in a collaborative process resulting in the development and piloting of new certificated classroom teacher and principal evaluation systems during the 2010-11 and 2011-12 school years. These school districts must be selected based on: (i) The agreement of the local associations representing classroom teachers and principals to collaborate with the district in this developmental work and (ii) the agreement to participate in the full range of development and implementation activities, including: Development of rubrics for the evaluation criteria and ratings in subsections (2) and (6) of this section; identification of or development of appropriate multiple measures of student growth in subsections (2) and (6) of this section; development of appropriate evaluation system forms; participation in professional development for principals and classroom teachers regarding the content of the new evaluation system; participation in evaluator training; and participation in activities to evaluate the effectiveness of the new systems and support programs. The school districts must submit to the office of the superintendent of public instruction data that is used in evaluations and all district-collected student achievement, aptitude, and growth data regardless of whether the data is used in evaluations. If the data is not available electronically, the district may submit it in nonelectronic form. The superintendent of public instruction must analyze the districts' use of student data in evaluations, including examining the extent that student data is not used or is underutilized. The superintendent of public instruction must also consult with participating districts and stakeholders, recommend appropriate changes, and address statewide implementation issues. The superintendent of public instruction shall report evaluation system implementation status, evaluation data, and recommendations to appropriate committees of the legislature and governor by July 1, 2011, and at the conclusion of the development phase by July 1, 2012. In the July 1, 2011, report, the superintendent shall include recommendations for whether a single statewide evaluation model should be adopted, whether modified versions developed by school districts should be subject to state approval, and what the criteria would be for determining if a school district's evaluation model meets or exceeds a statewide model. The report shall also identify challenges posed by requiring a state approval process.
(e)(i) The steering committee in subsection (7)(a) of this section and the pilot school districts in subsection (7)(d) of this section shall continue to examine implementation issues and refine tools for the new certificated classroom teacher evaluation system in subsection (2) of this section and the new principal evaluation system in subsection (6) of this section during the 2013-14 through 2015-16 implementation phase.
(ii) Particular attention shall be given to the following issues:
(A) Developing a report for the legislature and governor, due by December 1, 2013, of best practices and recommendations regarding how teacher and principal evaluations and other appropriate elements shall inform school district human resource and personnel practices. The legislature and governor are provided the opportunity to review the report and recommendations during the 2014 legislative session;
(B) Taking the new teacher and principal evaluation systems to scale and the use of best practices for statewide implementation;
(C) Providing guidance regarding the use of student growth data to assure it is used responsibly and with integrity;
(D) Refining evaluation system management tools, professional development programs, and evaluator training programs with an emphasis on developing rater reliability;
(E) Reviewing emerging research regarding teacher and principal evaluation systems and the development and implementation of evaluation systems in other states;
(F) Reviewing the impact that variable demographic characteristics of students and schools have on the objectivity, reliability, validity, and availability of student growth data; and
(G) Developing recommendations regarding how teacher evaluations could inform state policies regarding the criteria for a teacher to obtain continuing contract status under RCW 28A.405.210. In developing these recommendations the experiences of school districts and teachers during the evaluation transition phase must be considered. Recommendations must be reported by July 1, 2016, to the legislature and the governor.
(iii) To support the tasks in (e)(ii) of this subsection, the superintendent of public instruction may contract with an independent research organization with expertise in educator evaluations and knowledge of the revised evaluation systems being implemented under this section.
(iv)))(i) The following participants must be known as the steering committee: State associations representing teachers, principals, administrators, school board members, and parents.
(ii) The superintendent of public instruction, in collaboration with the steering committee, shall periodically examine implementation issues and refine tools for the teacher and principal four-level rating evaluation systems.
(b) The superintendent of public instruction shall monitor the statewide implementation of ((revised)) teacher and principal four-level rating evaluation systems using data reported under RCW 28A.150.230 as well as periodic input from focus groups of administrators, principals, and teachers.
(((v) The superintendent of public instruction shall submit reports detailing findings, emergent issues or trends, recommendations from the steering committee, and pilot school districts, and other recommendations, to enhance implementation and continuous improvement of the revised evaluation systems to appropriate committees of the legislature and the governor beginning July 1, 2013, and each July 1st thereafter for each year of the school district implementation transition period concluding with a report on December 1, 2016.))
(8)(a) Beginning with the 2015-16 school year, evaluation results for certificated classroom teachers and principals must be used as one of multiple factors in making human resource and personnel decisions. Human resource decisions include, but are not limited to: Staff assignment, including the consideration of an agreement to an assignment by an appropriate teacher, principal, and superintendent; and reduction in force. Nothing in this section limits the ability to collectively bargain how the multiple factors shall be used in making human resource or personnel decisions, with the exception that evaluation results must be a factor.
(b) The office of the superintendent of public instruction must, in accordance with RCW 43.01.036, report to the legislature and the governor regarding the school district implementation of the provisions of (a) of this subsection by December 1, 2017.
(9) Each certificated classroom teacher and certificated support personnel shall have the opportunity for confidential conferences with his or her immediate supervisor on no less than two occasions in each school year. Such confidential conference shall have as its sole purpose the aiding of the administrator in his or her assessment of the employee's professional performance.
(10) The failure of any evaluator to evaluate or supervise or cause the evaluation or supervision of certificated classroom teachers and certificated support personnel or administrators in accordance with this section, as now or hereafter amended, when it is his or her specific assigned or delegated responsibility to do so, shall be sufficient cause for the nonrenewal of any such evaluator's contract under RCW 28A.405.210, or the discharge of such evaluator under RCW 28A.405.300.
(11) After a certificated classroom teacher ((or))who is not required to be on the four-level rating evaluation system or a certificated support personnel has four years of satisfactory evaluations under subsection (1) of this section, a school district may use a short form of evaluation, a locally bargained evaluation emphasizing professional growth, an evaluation under subsection (1) or (2) of this section, or any combination thereof. The short form of evaluation shall include either a thirty minute observation during the school year with a written summary or a final annual written evaluation based on the criteria in subsection (1) or (2) of this section and based on at least two observation periods during the school year totaling at least sixty minutes without a written summary of such observations being prepared. A locally bargained short-form evaluation emphasizing professional growth must provide that the professional growth activity conducted by the certificated classroom teacher be specifically linked to one or more of the certificated classroom teacher evaluation criteria. However, the evaluation process set forth in subsection (1) or (2) of this section shall be followed at least once every three years unless this time is extended by a local school district under the bargaining process set forth in chapter 41.59 RCW. The employee or evaluator may require that the evaluation process set forth in subsection (1) or (2) of this section be conducted in any given school year. No evaluation other than the evaluation authorized under subsection (1) or (2) of this section may be used as a basis for determining that an employee's work is not satisfactory under subsection (1) or (2) of this section or as probable cause for the nonrenewal of an employee's contract under RCW 28A.405.210 unless an evaluation process developed under chapter 41.59 RCW determines otherwise. ((The provisions of this subsection apply to certificated classroom teachers only until the teacher has been transitioned to the revised evaluation system pursuant to the district implementation schedule adopted under subsection (7)(c) of this section.))
(12) ((All))Certificated classroom teachers and principals who ((have been transitioned to the revised evaluation systems pursuant to the district implementation schedule adopted under subsection (7)(c) of this section))are required to be on the four-level rating evaluation system must receive annual performance evaluations as provided in this subsection((:))(12).
(a) ((All classroom teachers and principals shall receive a comprehensive summative evaluation at least once every four years.)) A comprehensive ((summative))performance evaluation assesses all eight evaluation criteria and all criteria contribute to the comprehensive ((summative evaluation)) performance rating. Classroom teachers and principals must receive a comprehensive performance evaluation according to the schedule specified in (b) of this subsection.
(b)(i) Except as otherwise provided in (b) of this subsection, classroom teachers and principals must receive a comprehensive performance evaluation at least once every four years.
(((b)))(ii) The following ((categories))types of classroom teachers and principals ((shall))must receive an annual comprehensive ((summative))performance evaluation:
(((i)))(A) A classroom teacher((s)) who ((are))is a provisional employee((s)) under RCW 28A.405.220;
(((ii)))(B) A principal((s)) in the first three consecutive school years of employment as a principal;
(((iii)))(C) A principal((s)) previously employed as a principal by another school district in the state of Washington for three or more consecutive school years and in the first full year as a principal in the school district; and
(((iv)))(D) Any classroom teacher or principal who received a comprehensive ((summative evaluation)) performance rating of level 1 or level 2 in the previous school year.
(iii) A classroom teacher or principal who received a comprehensive performance rating of level 3 or above in his or her previous comprehensive performance evaluation must receive a comprehensive performance evaluation at least once every six years.
(c)(i) In the years when a comprehensive ((summative))performance evaluation is not required, classroom teachers and principals who received a comprehensive ((summative evaluation)) performance rating of level 3 or above in ((the previous school year))their previous comprehensive performance evaluation are required to complete a focused performance evaluation. A focused performance evaluation includes an assessment of one of the eight criteria selected for a performance rating plus professional growth activities specifically linked to the selected criteria.
(ii) The selected criteria must be approved by the teacher's or principal's evaluator and may have been identified in a previous comprehensive ((summative))performance evaluation as benefiting from additional attention. A group of teachers may focus on the same evaluation criteria and share professional growth activities. A group of principals may focus on the same evaluation criteria and share professional growth activities.
(iii) The evaluator must assign a ((comprehensive summative evaluation)) performance rating for the focused performance evaluation using the methodology adopted by the superintendent of public instruction for the instructional or leadership framework being used.
(iv) A teacher or principal may be transferred from a focused performance evaluation to a comprehensive ((summative))performance evaluation at the request of the teacher or principal, or at the direction of the teacher's or principal's evaluator.
(v) Due to the importance of instructional leadership and assuring rater agreement among evaluators, particularly those evaluating teacher performance, school districts are encouraged to conduct comprehensive ((summative))performance evaluations of principals((performance)) on an annual basis.
(vi) A classroom teacher or principal may apply the focused performance evaluation professional growth activities toward the professional growth plan for professional certificate renewal as required by the Washington professional educator standards board.
(13) Each school district is encouraged to acknowledge and recognize classroom teachers and principals who have attained level 4 - distinguished performance ratings.
POSTRETIREMENT EMPLOYMENT
Sec. 304. RCW 41.32.068 and 2016 c 233 s 7 are each amended to read as follows:
In addition to the postretirement employment options available in RCW 41.32.802 or 41.32.862, ((and only until August 1, 2020,)) a teacher in plan 2 or plan 3 who has retired under the alternate early retirement provisions of RCW 41.32.765(3)(b) or 41.32.875(3)(b) may be employed with an employer for up to eight hundred sixty-seven hours per calendar year without suspension of his or her benefit, provided that: (1) The retired teacher reenters employment more than one calendar month after his or her accrual date and after June 9, 2016; (2) (([the retired teacher]))the retired teacher is employed ((exclusively as either a substitute teacher as defined in RCW 41.32.010(48)(a) in an instructional capacity, as opposed to other capacities identified in RCW 41.32.010(49); and (3) the employing school district compensates the district's substitute teachers at a rate that is at least eighty-five percent of the full daily amount allocated by the state to the district for substitute teacher compensation))in a nonadministrative capacity.
NEW SECTION.  Sec. 305. A new section is added to chapter 41.35 RCW to read as follows:
In addition to the postretirement employment options available in RCW 41.35.060, a retiree in the school employees' retirement system plan 2 or plan 3 who has retired under the alternate early retirement provisions of RCW 41.35.420(3)(b) or 41.35.680(3)(b) may be employed with an employer for up to eight hundred sixty-seven hours per calendar year without suspension of his or her benefit, provided that: (1) The retiree reenters employment more than one calendar month after his or her accrual date; and (2) the retiree is employed in a nonadministrative position.
NEW SECTION.  Sec. 306. 2016 c 233 s 19 (uncodified) is repealed.
REPRIMAND EXPUNGEMENT
NEW SECTION.  Sec. 307. A new section is added to chapter 28A.410 RCW to read as follows:
REPRIMAND EXPUNGEMENT PROCESS.
(1) The professional educator standards board, in consultation with the office of the superintendent of public instruction staff authorized to issue educator reprimands, shall adopt rules that, at a minimum:
(a) Establish a process for an educator to apply for review of a reprimand, issued in accordance with RCW 28A.410.090, that occurred no more than five years prior to the application date;
(b) Establish a process for review of reprimand expungement applications, including review of educator certification and personnel files, by the authority authorized to grant educator certificates;
(c) Define criteria for determining whether a reprimand should be expunged; and
(d) Establish a process for expungement of a reprimand from records maintained by the professional educator standards board or the office of the superintendent of public instruction.
(2) The authority authorized to grant educator certificates shall use the processes and criteria adopted in accordance with subsection (1) of this section to approve or deny reprimand expungement applications and to expunge educator reprimand records.
NEW SECTION.  Sec. 308. REPRIMAND EXPUNGEMENT REPORT.By December 1, 2020, and in compliance with RCW 43.01.036, the office of the superintendent of public instruction and the professional educator standards board must cooperate to submit a report to the appropriate committees of the legislature that: Summarizes data on the number of reprimand expungement applications reviewed and approved in the prior two years; makes a recommendation on whether the reprimand expungement process under section 307 of this act should be expanded to persons with lapsed certificates; and recommends changes to the statutory requirements of the reprimand expungement process.
PART IV
STRENGTHENING AND SUPPORTING PROFESSIONAL
PATHWAYS FOR EDUCATORSTHE COLLABORATIVE
NEW SECTION.  Sec. 401. FINDINGSINTENT.(1) The legislature finds that additional time and resources are necessary to establish a comprehensive and coordinated long-term vision that addresses Washington's demands for an excellent, effective educator workforce. The legislature recognizes that such an undertaking requires focused efforts to develop meaningful policy options to expand the current and future workforce supply.
(2) Therefore, the legislature intends to establish a professional educator collaborative, including a variety of stakeholders, to make recommendations on how to improve and strengthen state policies, programs, and pathways that lead to highly effective educators at each level of the public common school system.
NEW SECTION.  Sec. 402. A new section is added to chapter 28A.410 RCW to read as follows:
THE COLLABORATIVE.
(1) For the purpose of this section, "educator" means a paraeducator, teacher, principal, administrator, superintendent, school counselor, school psychologist, school social worker, school nurse, school physical therapist, school occupational therapist, or school speech-language pathologist or audiologist. "Educator" includes persons who hold, or have held, certificates as authorized by rule of the Washington professional educator standards board.
(2)(a) The professional educator collaborative is established to make recommendations on how to improve and strengthen state policies, programs, and pathways that lead to highly effective educators at each level of the public school system.
(b) The collaborative shall examine issues related to educator recruitment, certification, retention, professional learning and development, leadership, and evaluation for effectiveness. The examination must consider what barriers and deterrents hinder the recruitment and retention of professional educators, including those from underrepresented populations. The collaborative shall also consider what incentives and supports could be provided at each stage of an educator's career to produce a more effective educational system. Specifically, the collaborative must review the following issues:
(i) Educator recruitment, including the role of school districts, community and technical colleges, preparation programs, and communities, and the efficacy of financial incentives and other types of support on recruitment;
(ii) Educator preparation, including traditional and alternative route program design and content, the role of community and technical colleges, field experience duration and quality, the efficacy of financial assistance and incentives on program completion, school district and community connections, and the need for and efficacy of academic and social support for students;
(iii) Educator certificate types and tiers, including requirements for an initial or first-tier certificate, requirements for advanced certificates, and requirements that are transferable between certificate types;
(iv) Educator certificate renewal requirements, including comparing professional growth plan requirements with the teacher and principal residency certificate renewal requirements established in RCW 28A.410.251;
(v) Educator evaluation, including comparison to educator certificate renewal requirements to determine inconsistent or duplicative requirements or efforts, implementation issues and tool refinement, and relationship with educator compensation;
(vi) Educator certificate reciprocity;
(vii) Professional learning and development opportunities, particularly for mid-career teachers;
(viii) Leadership in the education system, including best practices of high quality leaders, training for principals and administrators, and identifying and developing teachers as leaders; and
(ix) Systems monitoring, including collection of outcomes data on educator production, employment, and retention, and the value in a cost-benefit analysis of state recruitment and retention activities.
(3)(a) The members of the collaborative must include representatives of the following organizations:
(i) The two largest caucuses of the senate and the house of representatives, appointed by the president of the senate and the speaker of the house of representatives, respectively;
(ii) The Washington professional educator standards board;
(iii) The office of the superintendent of public instruction;
(iv) Washington professional educator standards board-approved educator preparation programs;
(v) The Washington state school directors' association;
(vi) The Washington education association;
(vii) The Washington association of school administrators;
(viii) The association of Washington school principals; and
(ix) The association of Washington school counselors.
(b) Each organization listed in (a) of this subsection must designate one voting member, except that each legislator is a voting member.
(c) The collaborative shall choose its chair or cochairs from among its members.
(d) The voting members of the collaborative, where appropriate, may consult with stakeholders, including representatives of other educator associations, or ask stakeholders to establish an advisory committee. Members of such an advisory committee are not entitled to expense reimbursement.
(4)(a) Staff support for the collaborative must be provided by the Washington professional educator standards board, and from other state agencies, including the office of the superintendent of public instruction, if requested by the collaborative.
(b) The Washington professional educator standards board must convene the initial meeting of the collaborative within sixty days of the effective date of this section.
(5) The collaborative must contract with a nonprofit, nonpartisan institute that conducts independent, high quality research to improve education policy and practice and that works with policymakers, researchers, educators, and others to advance evidence-based policies that support equitable learning for each child for the purpose of consultation and guidance on meeting agendas and materials development, meeting facilitation, documenting collaborative discussions and recommendations, locating and summarizing useful policy and research documents, and drafting required reports.
(6) Legislative members of the collaborative are reimbursed for travel expenses in accordance with RCW 44.04.120. Nonlegislative members are not entitled to be reimbursed for travel expenses if they are elected officials or are participating on behalf of an employer, governmental entity, or other organization. Any reimbursement for other nonlegislative members is subject to chapter 43.03 RCW.
(7)(a) By November 1, 2020, and in compliance with RCW 43.01.036, the collaborative shall submit a preliminary report to the education committees of the legislature that makes recommendations on the educator certificate types, tiers, and renewal issues described in subsection (2) of this section. The report must also describe the activities of the collaborative to date, and include any preliminary recommendations agreed to by the collaborative on other issues described in subsection (2) of this section.
(b) By November 1, 2021, and in compliance with RCW 43.01.036, the collaborative shall submit a final report to the education committees of the legislature that describes the activities of the collaborative since the preliminary report and makes recommendations on each issue described in subsection (2) of this section, including the fiscal implications of each recommendation at the state and local level. The report must also describe the expected efficiencies achieved by implementing the recommended comprehensive and coordinated system.
(8) This section expires July 1, 2022.
NEW SECTION.  Sec. 403. This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately.
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