1023-S

1023-S.E AAS 4/18/91

ESHB 1023 - S COMM AMD

By Committee on Education

Adopted as Amended 4/18/91 - Voice Vote

Strike everything after the enacting clause and insert the following:

"NEW SECTION. Sec. 1. (1) The legislature finds that:

(a) Academic achievement of Washington students can and should be improved;

(b) Student success, in large part, depends on parents' involvement, both at home and at school, in the education of their child;

(c) Many school districts across the state are engaged in efforts to reevaluate and restructure their local education programs;

(d) State support can help sustain and accelerate the momentum of educational restructuring initiatives.

(2) The legislature recognizes that the public education system, as the foundation of our society, faces critical issues that reflect the public's increasing concern regarding the effectiveness and accountability of our public schools. The legislature finds that these issues can be addressed by:

(a) Establishing rights and responsibilities of parents to knowledgeably participate in the education of their children;

(b) Increasing the broad powers of school boards;

(c) Measuring and reporting student achievement in a manner that encourages accountability to and understanding by the public;

(d) Increasing public confidence in the professional preparation and training of educators; and

(e) Providing funding support for initiatives to restructure schools, meet the special needs of students, and enhance vocational education."

"PART I

PARENTS' RIGHTS AND RESPONSIBILITIES"

"NEW SECTION. Sec. 101. The legislature finds that parents have the primary responsibility for the welfare of their children and that the successful education of children is the product of a responsive and rigorous educational system that depends on the participation of informed and concerned parents and citizens. To this end, RCW 28A.605.020 and sections 102 through 104 of this act are intended to define certain rights of parents to be informed of, and participate in, the education of their children.

"Parents" as used in this act, includes one or both parents and any legal guardian."

"NEW SECTION. Sec. 102. A new section is added to chapter 28A.615 RCW to read as follows:

Parents have the right to know what their child is being taught and are encouraged to exercise their responsibility to participate in their child's education.

(1) School district boards of directors shall adopt policies to ensure the implementation of the requirements that public records be made available under RCW 42.17.250 through 42.17.340. The board of directors of a school district shall develop specific policies providing for the inspection and review of any type of materials used in association with the district's educational program. The district may charge a nominal cost to cover any costs of reproduction.

(2) Districts shall inform parents annually through the report required under section 105 of this act of parents' right to inspect and review any type of materials used in association with the district's educational program.

(3) Innovation and educational reform should be encouraged in public schools. To that end, parents and the community at large should be encouraged to participate in the development and implementation of experimental or pilot education programs. Before implementation of any experimental or pilot education program, the school district shall consult and communicate with parents regarding the proposed program.

(4) No child may be placed in an experimental or pilot program in a school district without prior written notification to the parent. The notification shall include a detailed description of the program.

(5) A site-based council established under section 202 of this act may veto implementation of an experimental or pilot education program adopted by the district's board of directors. At least three-fourths of the members of the site-based council shall support the motion to veto.

(6) A school district shall not perform psychological testing of a student without the written permission of the parents."

"Sec. 103. RCW 28A.605.020 and 1979 ex.s. c 250 s 8 are each amended to read as follows:

Every school district board of directors shall, ((~~after following established procedure~~)) in cooperation with teacher and parent organizations, adopt a policy assuring parents access to their child's classroom and/or school sponsored activities for purposes of observing class procedure, teaching material, and class conduct: PROVIDED, That such observation shall not disrupt the classroom procedure or learning activity. The policy adopted under this section is not subject to collective bargaining. The right of parents to visit their child's classroom, as established under this section, is in addition to any parent/teacher conferences offered by the school district."

"Sec. 104. RCW 28A.150.040 and 1990 c 33 s 101 are each amended to read as follows:

(1) The school year shall begin on the first day of September and end with the last day of August: PROVIDED, That any school district may elect to commence the minimum annual school term as required under RCW 28A.150.220 in the month of August of any calendar year and in such case the operation of a school district for such period in August shall be credited by the superintendent of public instruction to the succeeding school year for the purpose of the allocation and distribution of state funds for the support of such school district.

(2) By May 30 of each year, the board of directors of each school district shall, following a public hearing, establish the schedule of days for students to attend school during the succeeding school year. The days so designated shall be employee work days and shall not be subject to collective bargaining. However, employee work days beyond those scheduled for student attendance may be a subject of collective bargaining."

"NEW SECTION. Sec. 105. A new section is added to chapter 28A.320 RCW to read as follows:

(1) In keeping with the accountability purpose expressed in section 101, chapter ..., Laws of 1991 (section 101 of this act) and to ensure that the local community and electorate have access to information on the educational programs in the school districts, each school district's board of directors shall publish annually a school district accountability report. School districts shall have a copy of the accountability report available for public inspection at each school in the district, at the district office, and in public libraries.

(2) The accountability report shall include a brief statement of the mission of the school district, enrollment statistics including student demographics, expenditures per pupil for the school year, the average compensation for teachers, a summary of student scores on all mandated tests and college entrance examination scores, a concise annual budget report, the student drop-out, absenteeism, and graduation rates, an invitation to all citizens to participate in site-based councils and other school planning activities. The published accountability report shall compare district, state, and national data whenever appropriate."

"Sec. 106. RCW 28A.150.230 and 1990 c 33 s 106 are each amended to read as follows:

(1) It is the intent and purpose of this section to guarantee that each common school district board of directors, whether or not acting through its respective administrative staff, be held accountable for the proper operation of their district to the local community and its electorate. In accordance with the provisions of Title 28A RCW, as now or hereafter amended, each common school district board of directors shall be vested with the final responsibility for the setting of policies ensuring quality in the content and extent of its educational program and that such program provide students with the opportunity to achieve those skills which are generally recognized as requisite to learning.

(2) In conformance with the provisions of Title 28A RCW, as now or hereafter amended, it shall be the responsibility of each common school district board of directors, acting through its respective administrative staff, to:

(a) Establish performance criteria and an evaluation process for its certificated personnel, including administrative staff, and for all programs constituting a part of such district's curriculum;

(b) Determine the final assignment of staff, certificated or classified, according to board enumerated classroom and program needs;

(c) Determine the amount of instructional hours necessary for any student to acquire a quality education in such district, in not less than an amount otherwise required in RCW 28A.150.220, or rules and regulations of the state board of education;

(d) Determine the allocation of staff time, whether certificated or classified;

(e) Establish final curriculum standards consistent with law and rules and regulations of the state board of education, relevant to the particular needs of district students or the unusual characteristics of the district, and ensuring a quality education for each student in the district; and

(f) Evaluate teaching materials, including text books, teaching aids, handouts, or other printed material, in public hearing upon complaint by parents, guardians or custodians of students who consider dissemination of such material to students objectionable.

(((3) In keeping with the accountability purpose expressed in this section and to insure that the local community and electorate have access to information on the educational programs in the school districts, each school district's board of directors shall annually publish a descriptive guide to the district's common schools. This guide shall be made available at each school in the district for examination by the public. The guide shall include, but not be limited to, the following:

~~(a) Criteria used for written evaluations of staff members pursuant to RCW 28A.405.100;~~

~~(b) A summary of program objectives pursuant to RCW 28A.320.210;~~

~~(c) Results of comparable testing for all schools within the district; and~~

~~(d) Budget information which will include the following:~~

~~(i) Student enrollment;~~

(ii) Number of full time equivalent personnel per school in the district itemized according to classroom teachers, instructional support, and building administration and support services, including itemization of such personnel by program;

(iii) Number of full time equivalent personnel assigned in the district to central administrative offices, itemized according to instructional support, building and central administration, and support services, including itemization of such personnel by program;

(iv) Total number of full time equivalent personnel itemized by classroom teachers, instructional support, building and central administration, and support services, including itemization of such personnel by program; and

~~(v) Special levy budget request presented by program and expenditure for purposes over and above those requirements identified in RCW 28A.150.220.~~))"

"Sec. 107. RCW 28A.225.220 and 1990 1st ex.s. c 9 s 201 are each amended to read as follows:

(1) Any board of directors may make agreements with adults choosing to attend school: PROVIDED, That unless such arrangements are approved by the state superintendent of public instruction, a reasonable tuition charge, fixed by the state superintendent of public instruction, shall be paid by such students as best may be accommodated therein.

(2) A district is strongly encouraged to honor the request of a parent or guardian for his or her child to attend a school in another district.

(3) A district shall release a student to a nonresident district that agrees to accept the student if:

(a) A financial, educational, safety, or health condition affecting the student would likely be reasonably improved as a result of the transfer; or

(b) Attendance at the school in the nonresident district is more accessible to the parent's place of work or to the location of child care; or

(4) A district may deny the request of a resident student to transfer to a nonresident district if the release of the student would adversely affect the district's existing desegregation plan.

(5) For the purpose of helping a district assess the quality of its education program, a resident school district may request an optional exit interview or questionnaire with the parents or guardians of a child transferring to another district. No parent or guardian may be forced to attend such an interview or complete the questionnaire.

(6) School districts may establish annual transfer fees for nonresident students enrolled under subsection (3) of this section and RCW 28A.225.225. However, the school district may not charge tuition if the student is attending a nonresident school district because of the location of child care. Until rules are adopted under section 202, chapter 9, Laws of 1990 1st ex. sess. for the calculation of the transfer fee, the transfer fee shall be calculated by the same formula as the fees authorized under section 10, chapter 130, Laws of 1969. These fees, if applied, shall be applied uniformly for all such nonresident students except as provided in this section. The superintendent of public instruction, from available funds, shall pay any transfer fees for low-income students assessed by districts under this section. All transfer fees must be paid over to the county treasurer within thirty days of its collection for the credit of the district in which such students attend. Reimbursement of a high school district for cost of educating high school pupils of a nonhigh school district shall not be deemed a transfer fee as affecting the apportionment of current state school funds."

"PART II

SCHOOL SITE-BASED COUNCILS"

"NEW SECTION. Sec. 201. The legislature finds that in order to achieve the goal of reforming the public schools, each citizen of the state must accept the commitment of developing our most important resource, our children. The legislature further finds that part of building this commitment includes having persons in the field of education form partnerships with other persons in the community. To build a learning community, and develop this commitment, the legislature intends:

(1) That school boards of directors, school administrators, teachers, employee unions, and members of the community find new ways of working collaboratively, changing existing policies and agreements where appropriate;

(2) To encourage the creation of site-based councils, where parents, teachers, and citizens will join to make decisions for our schools; and

(3) To give school districts and schools broad discretion in establishing their site-based councils but consistent with the limitations under section 202 of this act."

"NEW SECTION. Sec. 202. (1) A site-based council may be established at one or more schools if the school district board of directors has adopted a policy authorizing site-based councils. The policy is not subject to collective bargaining. The school district board of directors has final authority in establishing the parameters and areas of involvement accorded to school site-based councils.

(2) The policy adopted by a school district board of directors may include but is not limited to:

(a) Procedures for forming a site-based council and official recognition of the council by the district;

(b) Membership of the site-based council including the principal, certificated and classified staff, students in secondary schools, parents, and persons in the community. A majority of the site-based council shall be parents. Existing organizations may be used to form the site-based council;

(c) Designation of activities with which site-based councils may become involved, such as: Student assessment, parent involvement, and developing community schools; and

(d) Delegation of authority to site-based councils to adopt their own bylaws and charter.

(3) School district boards of directors shall not delegate to site-based councils the authority to make personnel decisions regarding either instructional, administrative or classified staff.

(4) A school board shall only delegate authority over budget decisions to a site-based council if the authority is clearly defined in writing, if the authority is limited to a one-year period but may be renewed annually with the approval of the board, and if the authority of the site-based council is limited to decisions at the building level.

(5) Each school district board of directors deciding to adopt a policy authorizing site-based councils shall provide, by resolution, plans for attendance policies that are consistent with the requirements of any desegregation plan in order to promote stability for schools with site-based councils."

"NEW SECTION. Sec. 203. If modifications to existing local bargaining agreements are necessary to implement school site-based councils, those modifications shall be clearly stated in the written agreement between the school district board of directors and the exclusive bargaining representative for district certificated instructional staff."

"NEW SECTION. Sec. 204. (1) Schools with site-based councils may receive funds to provide resources for restructuring their educational programs. The superintendent of public instruction shall allocate funds, as are appropriated for this purpose, to school districts to distribute to the schools with site-based councils.

(2) School districts shall submit reports about the plans and use of funds to the superintendent of public instruction. The superintendent of public instruction may transmit information to other schools and school districts through the state clearinghouse for educational information and assistance.

(3) The superintendent of public instruction may provide technical assistance under this section to any school or school district establishing or using a site-based council."

"PART III

SCHOOL BOARD POWERS"

"NEW SECTION. Sec. 301. A new section is added to chapter 28A.320 RCW to read as follows:

The board of directors of each school district may exercise the following powers:

(1) Such powers as expressly authorized by law;

(2) Such powers as are necessary or fairly implied in powers expressly authorized by law; and

(3) The additional broad discretionary power to determine and adopt written policies and rules not in conflict with other law that provide for the development and implementation of programs, activities, services, or practices that the board determines will:

(a) Benefit the education of citizens; or

(b) Promote the effective, efficient, or safe maintenance and operation of school district programs, activities, services, or practices.

The adoption of any such policy or rule shall be preceded by notice in accordance with the open public meeting law of chapter 42.30 RCW which furthermore sets forth or reasonably describes the proposed policy or regulation, plus a reasonable opportunity for public written and oral comment and consideration of the comment by the board of directors."

"NEW SECTION. Sec. 302. A new section is added to chapter 28A.300 RCW to read as follows:

(1) The superintendent of public instruction shall adopt rules clearly allowing districts to blend funds for the basic education, learning assistance, special education, and transitional bilingual education programs to the maximum extent possible for the continued receipt of federal funds.

(2) The superintendent of public instruction may create a new program code in the accounting manual for public school districts to track revenues and expenditures under subsection (1) of this section."

"PART IV

PLANNING AND IMPLEMENTATION GRANTS FOR RESTRUCTURING"

"NEW SECTION. Sec. 401. (1) The legislature believes that attaining the state vision for excellence in education under Senate Concurrent Resolution No. 8400 will require new state-supported opportunities for schools to implement strategies to improve student learning and skills. It is the intent of the legislature to provide additional support to schools or school districts to:

(a) Encourage students, parents, teachers, principals, classified school staff, school district personnel, the school board, and other citizens to become more active partners in the learning community of their school or district;

(b) Encourage schools or districts to select and compete against goals and educational outcomes tailored to their own learning community; and

(2) It is the further intent of the legislature that what is learned from local projects under the reach for excellence grant program established under section 403 of this act shall be considered as a basis for the development of new goals, standards, and assessments for the state education system.

(3) The reach for excellence grant program shall be:

(a) Responsive to local educational concerns and desires;

(b) Educational, focusing on improving student learning and skills and encouraging the development of new measures to assess student performance;

(c) Accountable, so that projects earn reach achievement awards linked directly to progress made toward identified educational outcomes;

(d) Collaborative, with projects reflecting a partnership between students, parents, teachers, principals, and others; and

(e) Home-based, tailored to the needs of each participating school."

"NEW SECTION. Sec. 402. Unless the context clearly requires otherwise, the definitions in this section apply throughout sections 403 through 414 of this act.

(1) "Educational outcomes" and "target educational outcomes" mean expected levels of student performance and achievement, including student learning objectives required under RCW 28A.320.210.

(2) "Indicators" means institutional factors that may bear a relationship to student learning and can be used to help assess students' progress toward identified educational outcomes.

(3) "Context indicators" means variables that characterize the setting in which educational programs are delivered and generally are items over which schools have little control.

(4) "Process indicators" means variables that characterize how educational programs are delivered and generally are items over which schools have some control.

(5) "Grant" means state funds provided to a district with a selected reach for excellence project for use in the planning and initial implementation of the project.

(6) "Award" or "reach achievement award" means state funds provided to a reach project for progress made toward target educational outcomes.

(7) "Superintendent" means the superintendent of public instruction."

"NEW SECTION. Sec. 403. (1) From funds appropriated by the legislature, the state board of education shall establish the reach for excellence grant program to assist schools and school districts in local efforts to improve student learning and skills. Participation in the program shall be voluntary.

(2) Schools or districts selected to participate in the reach for excellence grant program shall be required to match the state funds under section 406(2) of this act at fifty percent. The district match may consist of funds under section 1101 of this act.

(3) The state board of education shall be responsible for final decisions regarding selection and funding levels of projects and for the manner in which reach achievement awards shall be distributed. Reach projects may be conducted for up to six years subject to funding and annual approval by the state board. No project may receive continued funding for additional planning or reach achievement awards without approval from the state board. The state board shall use the benchmark data for the target educational outcomes required under section 406(2)(f) of this act in annually assessing the progress made toward the target educational outcomes to determine project eligibility for annual reach achievement awards. In evaluating projects to determine their continuation the state board shall emphasize giving projects maximum flexibility and time to be successful.

(4) The superintendent shall be responsible for administration of the reach for excellence program once projects and funding levels have been determined by the state board.

(5) The state board shall establish a working committee to assist it with:

(a) The development of any additional grant application criteria;

(b) Selecting reach applicants for grant awards;

(d) Monitoring the development and use of measures of assessing student performance in addition to standardized tests, as required under section 406 of this act."

"NEW SECTION. Sec. 404. (1) The superintendent shall assure that the sum total of all funds allocated for planning grants and for reach achievement awards does not exceed the amount appropriated by the legislature for the reach for excellence grant program.

(2) The superintendent shall award funds appropriated for the reach for excellence grant program to the selected projects as follows. The initial grant shall be awarded to projects for planning activities relating to implementation of the local reach project and for initial implementation of the project. Planning and initial implementation grants shall be for the 1991-92 and 1992-93 school years. These grants may be used for the following purposes:

(a) Planning;

(b) Staff development and training;

(d) Development of new measures to assess student performance; and

(e) Initial implementation of the reach project.

(3)(a) Commencing with the end of the 1993-94 school year, and each school year thereafter, projects receiving initial reach grants shall be evaluated by the state board to determine their eligibility for reach achievement awards as determined under section 403(3) of this act.

(b) School staff shall have the final authority to determine how the reach achievement awards will be used and, if applicable to the project, how much each staff member shall receive.

(4) Reach achievement awards may be used for the following purposes:

(a) Any of the purposes authorized under subsection (2) of this section;

(b) Stipends or salary and compensation increases for certificated or classified staff under RCW 28A.400.200(4). Nothing in sections 402 through 414 of this act precludes the use of reach achievement awards for providing stipends or salary and compensation increases through a compensation model characterized by differentiated levels of employment classification for certificated staff and differentiated responsibilities for each level of employment classification; or

(5) A site-based council may use planning grant funds under subsection (2) of this section for planning, staff and community development and training, and materials and supplies: PROVIDED, That these activities are related directly to the reach project."

"NEW SECTION. Sec. 405. Use of reach achievement awards for the purpose of section 404(4)(b) of this act is not an increase in salary or compensation for the purposes of RCW 28A.400.200, nor may such compensation be applied to the district's salary schedule or be provided in a manner that would increase the state's basic education funding obligation."

"NEW SECTION. Sec. 406. (1) Schools or school districts interested in implementing or enhancing existing local projects for educational excellence shall submit a grant application to the state board of education. All applications shall be submitted by the district's board of directors. If possible, applicants should develop their reach projects as part of the self-study process under RCW 28A.320.200, or otherwise link the proposed reach project to the self-study results of the school or district.

(2) Grant applications shall include:

(a) Documentation that at least one public hearing was held on the proposed reach project or projects. The public hearing required under this subsection, and other public hearings as may be held, may be conducted as part of the public hearings required under chapter 28A.505 RCW;

(b) Documentation that all parties are committed to work cooperatively during the term of the project;

(c) A statement indicating how the proposed reach project supports the state vision for excellence in education endorsed under Senate Concurrent Resolution No. 8400;

(d) A description of how the reach for excellence grant program funds will be expended. The expenditure plan may be included as part of the district's annual budget required under chapter 28A.505 RCW;

(e) Target educational outcomes for the selected basic academic, workplace, and life and family skills under section 407 (1) through (3) of this act. Student learning objectives required under RCW 28A.320.210 may be used for target educational outcomes if applicable for the purposes of the reach project;

(f) Benchmark data for the target educational outcomes identified for the selected skills under section 407 (1) through (3) of this act;

(g) Benchmark data for context and process indicators as provided under section 408 of this act;

(h) Identification of the evaluation and accountability procedures and activities, including potential use of context and process indicators, that may be used to: (i) Assess progress toward the target educational outcomes; (ii) evaluate additional educational benefits received by students, building staff, and parents from implementation of the reach project; and (iii) assess the overall effectiveness of the project. Applicants may use evaluation and accountability procedures and activities established under the state self-study program under RCW 28A.320.200. Applicants shall identify at least one measure of assessing student performance other than standardized testing that will be developed or used as part of the reach project. Applicants are encouraged to seek information from state higher education institutions regarding potential alternatives to standardized testing;

(i) A written statement that school directors and administrators are willing to exempt the reach project or projects from specifically identified local rules, as needed;

(j) A written statement that the school directors and the local bargaining agents will modify those portions of their local agreements as applicable for the reach project or projects;

(k) Written statements of support from the district's board of directors, the district superintendent, and the principal and staff of the school or schools requesting to implement a reach project, and statements of support, willingness to participate, or concerns from any interested persons or organizations; and

(l) Other information as may be determined necessary by the state board of education."

"NEW SECTION. Sec. 407. (1) Grant applications under section 406 of this act shall include target educational outcomes for at least three of the following basic academic skill areas:

(a) Reading and writing of the English language;

(b) Speaking and listening;

(d) Studying;

(e) Reasoning and problem solving;

(f) Mathematics; and

(g) Computer competency.

(2) Grant applications under section 406 of this act shall include educational outcomes for at least two of the following workplace skill areas:

(a) Decision making;

(b) Cooperation and teamwork;

(d) Positive work habits.

(3) Grant applications under section 406 of this act shall include educational outcomes for at least two of the following life and family skill areas:

(a) Home and family life;

(b) Career planning;

(d) Responsible and ethical behavior;

(e) Concern for others;

(f) Interpersonal relationships; and

(g) The arts, performing arts, and music.

(4) Grant applications shall indicate for subsections (1) through (3) of this section the grade levels and subject matter areas in which the identified skills will be addressed."

"NEW SECTION. Sec. 408. (1) If possible, grant applications under section 406 of this act should include benchmark data for the context and process indicators listed under subsections (2) and (3) of this section. However, as a condition to receiving reach for excellence program grant funds, applicants selected for the reach program shall submit to the state board of education the benchmark data for the context and process indicators listed under subsections (2) and (3) of this section.

(2) Applicants shall provide benchmark data for the following context indicators developed by the educational outcomes and measurement committee and reported to the legislature by the superintendent in 1989:

(a) The average percent of students absent from school each day;

(b) Student mobility rate;

(d) Teacher mobility rate;

(e) Administrator mobility rate;

(f) The percent of students from low-income families; and

(g) The percent of students who speak English as a second language; plus

(h) The average percent of teachers absent from school each day.

(3) Applicants shall provide benchmark data for the following process indicators developed by the educational outcomes and measurement committee and reported to the legislature by the superintendent in 1989:

(a) Student-teacher ratio;

(b) Student-counselor ratio;

(d) The average expenditure per student;

(e) The average expenditure per staff member for in-service for staff development;

(f) School accreditation status;

(g) The percent of students served by compensatory education programs;

(h) The percent of students served by chapter 1 migrant education programs;

(i) The percent of students served by special education programs; and

(j) The percent of students served by gifted-talented programs.

(4) If possible and appropriate, benchmark data required under section 406(2)(f) of this act and subsections (2) and (3) of this section shall be provided on a by-school basis. If this is not possible, the benchmark data shall be provided on a district-level basis."

"NEW SECTION. Sec. 409. (1) Grant applications may be submitted jointly by two or more school districts or by an educational service district on behalf of one or more school districts. An application may include a proposal for two or more school buildings to implement jointly a reach for excellence project.

(2) Upon request from a school district, the superintendent or the educational service district shall provide the district with technical assistance to develop the grant application.

(3) Upon request from a reach for excellence project, the superintendent or the educational service district shall provide the project with technical assistance to develop a measure of assessing student performance as required under section 406(2)(h) of this act."

"NEW SECTION. Sec. 410. Applicants selected for the reach for excellence grant program may request from the state board of education or the superintendent a waiver from the statutory or regulatory requirements relating to:

(1) Teacher contact hour requirements under RCW 28A.150.260;

(2) Basic education program hours offering requirements under RCW 28A.150.200 through 28A.150.220;

(3) Student learning objectives under RCW 28A.320.210; and

(4) Mandatory school building self-study under RCW 28A.320.200.

The waivers may be renewed subject to continued funding and approval by the state board of education under section 403 of this act."

"NEW SECTION. Sec. 411. If modifications to existing local bargaining agreements are necessary to implement grant proposals, those modifications shall be clearly stated in the written agreement between the school district board of directors and the exclusive bargaining representative for district certificated instructional staff. The requirement is not necessary if a previously written agreement to waive the provisions of chapter 41.59 RCW for schools with reach projects has been reached by the same two parties."

"NEW SECTION. Sec. 412. (1) Each school district shall report to the state board of education by October 1, 1993, and annually thereafter pursuant to section 414(4) of this act, the following information:

(a) The educational excellence activities supported by reach for excellence grant funds;

(b) Updated information relating to the required benchmark data;

(d) The means and the results of evaluating the target educational outcomes and additional benefits received by students, building staff, and parents from implementation of the local reach project.

(2) By December 1, 1993, and by December 1st of each subsequent even-numbered calendar year, the state board of education shall provide the legislature and the governor a report on the reach for excellence grant program. The reports shall include information on the items required under subsection (1) of this section.

(3) In the report due December 1, 1996, the state board shall:

(a) Indicate the most common basic academic, workplace, and life and family skills and accompanying target educational outcomes identified by the reach projects;

(b) Indicate the development or use of measures to assess student performance other than standardized tests;

(d) Include recommendations on the feasibility of implementing basic academic, workplace, and life and family skills, educational outcomes, and context and process indicators state-wide; and

(e) Comment on or recommend how the salary allocation schedule developed by the legislative evaluation and accountability program committee might reflect a school performance assessment model based on basic academic, workplace, and life and family skills, educational outcomes, and context and process indicators.

(4) The state board of education shall submit a final report on the reach for excellence grant program to the legislature and the governor not later than December 1, 1998."

"NEW SECTION. Sec. 413. The superintendent shall provide for the sharing of information between reach projects and with schools and districts not selected or not participating in the reach for excellence grant program."

"NEW SECTION. Sec. 414. (1) The state board of education and the superintendent shall adopt rules as necessary under chapter 34.05 RCW to implement sections 402 through 414 of this act. The rules shall be adopted not later than December 1, 1991.

(2) The rules shall include the following dates to govern administration of the reach for excellence grant program:

(a) Initial applications must be received by the state board of education not later than March 15, 1992;

(b) The state board of education shall evaluate the applications and select the initial projects for grants by May 31, 1992; and

(c) After planning, initial implementation of the first reach projects shall commence no later than the start of the 1993-94 school year.

(3) The state board shall establish an annual date by which subsequent applications must be submitted.

(4) The state board shall establish a date by which the annual report required under section 412(1) of this act shall be submitted.

(5) The state board shall establish an annual date by which the board shall notify each project of the amount of any eligible reach achievement award and status to continue."

"PART V

STUDENT ACHIEVEMENT TESTS"

"Sec. 501. RCW 28A.230.190 and 1990 c 101 s 6 are each amended to read as follows:

(1) Every school district is encouraged to test pupils in grade two by an assessment device designed or selected by the school district. This test shall be used to help teachers in identifying those pupils in need of assistance in the skills of reading, writing, mathematics, and language arts. The test results are not to be compiled by the superintendent of public instruction, but are only to be used by the local school district.

(2) The superintendent of public instruction shall prepare and conduct, with the assistance of school districts, a standardized achievement test to be given annually to all pupils in grade four. The test shall assess students' skill in reading, mathematics, writing, science, history, geography, and language arts and shall focus upon appropriate input variables. Results of such tests shall be compiled by the superintendent of public instruction, who shall make those results available annually to the legislature, to all local school districts and subsequently to parents of those children tested. The results shall allow parents to ascertain the achievement levels and input variables of their children as compared with the other students within the district, the state and, if applicable, the nation.

(3) The superintendent of public instruction shall report annually to the legislature on the achievement levels of students in grade four."

"Sec. 502. RCW 28A.230.230 and 1990 c 101 s 2 are each amended to read as follows:

The superintendent of public instruction shall prepare and conduct, with the assistance of school districts, an annual assessment of all students in the eighth grade. The purposes of the assessment are to assist students, parents, and teachers in the planning and selection of appropriate high school courses for students and to provide information about students' current academic proficiencies both in the basic skills of reading, writing, science, mathematics, economics, history, geography, and language, and in the reasoning and thinking skills essential for successful entry into those courses required for high school graduation. The assessment shall also include the collection of information about students' interests and plans for high school and beyond and may include the collection of other related student and school information. The superintendent of public instruction shall make the results of the assessment available to all school districts which shall in turn make them available to students, parents, and teachers in a timely fashion and in a manner consistent with the purposes of RCW 28A.230.220 through 28A.230.260."

"Sec. 503. RCW 28A.230.240 and 1990 c 101 s 3 are each amended to read as follows:

The superintendent of public instruction shall prepare and conduct, with the assistance of local school districts, an annual assessment of all students in the eleventh grade beginning with the 1991-92 school year. The purposes of the assessment are to provide achievement and guidance information to students, parents, and teachers that will assist in reviewing students' current performance and planning effectively for their initial years beyond high school. The achievement measures shall assess students' strengths and deficiencies in the broad content areas common to the high school curriculum and those thinking and reasoning skills essential for completing high school graduation requirements and for success beyond high school. The assessment shall include measurements of the students' skills in reading, writing, mathematics, language, history, geography, economics, and science and technology. The assessment shall also collect information about students' career interests and plans and other related student and school information including students' high school course selection patterns, course credits, and grades. The superintendent of public instruction shall make the results of the assessment available to all local school districts which shall in turn make them available to students, parents, and teachers in a timely fashion and in a manner consistent with the purposes of RCW 28A.230.220 through 28A.230.260. No grade ten students shall be tested in the fall of 1990 and the funds already appropriated for such testing shall be used for the planning and preliminary development work necessary to implement RCW 28A.230.220 through 28A.230.260."

"NEW SECTION. Sec. 504. A new section is added to chapter 28A.230 RCW to read as follows:

The superintendent of public instruction shall prepare and conduct, with the assistance of local school districts, an annual assessment of all students in grade twelve. The purpose of the assessment is to determine the competence of students in the subject matters of reading, writing, mathematics, language, science, technology, economics, history, geography, and reasoning and thinking skills."

"NEW SECTION. Sec. 505. A new section is added to chapter 28A.230 RCW to read as follows:

(1) The superintendent of public instruction shall establish standards by which successful completion of the achievement assessments and tests under this chapter are to be measured. In preparing the assessments, tests, and standards, the superintendent of public instruction shall consider the special needs of students in programs such as the handicapped and bilingual education programs. Each school district shall notify the parents of each student of their child's performance on the assessments and tests conducted under this chapter.

(2) A school district shall not advance a student beyond the fourth, eighth, or eleventh grade without the student having successfully completed the respective assessment or test under this chapter, unless the school district determines that the educational interests of the student are best served by advancement to the next grade. In making this determination, the school district shall consult with the parents of the student. If the parents, in writing, desire that the student not be advanced, the school district shall not advance the student.

(3) After October 1, 1997, no student may graduate from a high school in this state unless the student has successfully completed the assessment conducted under section 504 of this act.

(4) If a student fails to successfully complete a test or assessment under this chapter, the school district shall offer additional educational opportunities to prepare the student to successfully retake all or part of the test or assessment. Such educational opportunities may include learning assistance programs, tutoring, summer school, or after-school classes."

"PART VI

ENHANCING THE TEACHING PROFESSION"

"NEW SECTION. Sec. 601. The legislature recognizes that total compensation for educational employees should take into account job performance and reflect public expectations for both educational employees and the public education system. The legislature further believes that any examination of total compensation for educational employees should consider how total compensation levels are:

(1) Commensurate with public expectations;

(2) Comparable to other professions requiring similar educational experience; and

(3) Comparable to other states."

"NEW SECTION. Sec. 602. (1) The department of personnel, in consultation with teachers, classified employees, administrators, school directors, business, labor, parents, and legislators shall conduct a study of total compensation for educational employees in Washington. The study shall include, but is not limited to, a review of the relationship between total compensation for educational employees and:

(a) Total compensation paid:

(i) In other professions requiring comparable educational experience and preparation; and

(ii) To teachers, administrators, and classified employees in other states;

(b) The in-service training act of 1977, RCW 28A.415.030 and 28A.415.040;

(c) In-service and staff development opportunities sponsored by school districts, educational service districts, or other providers of in-service and staff development programs;

(d) The provisions of RCW 28A.215.020 that allow credit on the salary schedule developed by the legislative evaluation and accountability program committee for approved in-service and continuing education;

(e) The state board of education's continuing education requirement for certificated instructional staff with continuing certificates;

(f) The length of the school year for contracted certificated and classified employees;

(g) The teacher assistance program under RCW 28A.405.450;

(h) The self-study program under RCW 28A.320.200;

(i) The schools for the twenty-first century program under RCW 28A.630.100 through 28A.630.290;

(j) The evaluation of certificated employees under RCW 28A.405.100;

(k) State board of education teacher assignment and certificate endorsement policies;

(l) Certification requirements under chapter 28A.410 RCW;

(m) The Washington award for excellence in education program under RCW 28A.625.020 through 28A.625.070, and particularly the Christa McAuliffe award under RCW 28A.625.030;

(n) Local education program enhancement funds; and

(o) The results of the studies by the state board of education on internships and alternative classification.

(2) A review of the relationship between staffing and total compensation levels for certificated and classified positions.

(3) Based on the results of the study findings, the department of personnel shall submit to the legislature and the governor not later than December 1, 1991, a plan to bring educational employees' total compensation to a level that places Washington in the top ten states by the beginning of the 1997-98 school year."

"NEW SECTION. Sec. 603. The department of personnel, in consultation with teachers, classified employees, administrators, school directors, business, labor, parents, and legislators shall study and recommend to the legislature and the governor not later than December 1, 1991, a plan to maintain total compensation for educational employees in Washington at the levels to be established under section 602(2) of this act. The plan may include the use of peer states or peer professions."

"NEW SECTION. Sec. 604. The definitions in this section apply throughout sections 605 through 608 of this act.

(1) "Teacher" means a certificated instructional staff person employed in a public school in this state. The term includes persons holding a certificate under sections 609 through 611 of this act.

(2) "Certificated staff" means teachers and certificated administrative staff.

(3) "School building" means a discrete school operated by a school district."

"NEW SECTION. Sec. 605. The superintendent of public instruction, from available funds, shall allocate to school districts funds to effectuate an optional performance-based salary enhancement program for the teachers and certificated administrative staff of the state. Funds appropriated by the legislature for optional, performance-based salary enhancements shall be separate from and in addition to funds appropriated by the legislature for salary increases for certificated staff.

Funds provided for the optional, performance-based salary enhancement program under this section shall be allocated by the superintendent of public instruction to school buildings in the state on a grant basis."

"NEW SECTION. Sec. 606. (1) In order to apply for a performance-based salary enhancement grant, a majority vote by the certificated staff of the building is required.

(2) Schools, through the school district, shall submit a grant application to the superintendent of public instruction. The grant application shall include the following information:

(a) Documentation that a performance-based salary enhancement plan has been adopted by a committee established in the school building. The committee shall be a school site-based council under sections 201 through 204 of this act; and

(b) Documentation that the performance-based salary enhancement plan identifies the criteria to be used to evaluate the performance of those certificated staff participating in the program, the levels of salary enhancement that can be earned under the plan, and the person or persons responsible for evaluating the performance of participating staff to determine eligibility for a salary enhancement.

(3) The criteria under subsection (2)(b) of this section for the performance-based salary enhancement plan may include the following criteria:

(a) Demonstration of improved competency of students leaving grades four, eight, eleven, and twelve in the subject matters of reading, writing, mathematics, science, history, and geography. The improved competency shall be measured by the assessments and tests administered under chapter 28A.230 RCW;

(b) Development of lesson plans with understandable student learning objectives that provide for measurement of student achievement against those objectives, and evaluation of improved student achievement resulting from the plans;

(c) Demonstration of staff competency in theory and content of assigned subject matter, as well as principles and methods of instruction;

(d) Maintenance of a clearly understood grading procedure that is administered fairly and consistently, and is directly related to student learning objective improvement;

(e) Demonstration of increased student motivation, self-direction, and self-discipline;

(f) Demonstration of communication skills for improvement in parent/staff relationships that effectively contribute to improved student performance; and

(g) Decreasing rates of student absenteeism and, in the case of high school buildings, demonstration of an increased graduation rate for students. The plan shall include a methodology for calculating the graduation rate that reflects the rate of student drop-outs as well as student transfers into and out of the school.

(4) In developing the performance-based salary enhancement plan, the committee shall seek input from appropriate groups, including parents, teachers, administrators, students, and the public. Prior to adoption of the plan, the committee shall present the plan in a public hearing with prior public notice.

(5) It is the intent of the legislature that the performance-based salary enhancement program reward those educators whose performance is exemplary and is not intended to result in across-the-board salary increases for all certificated staff in the school building. However, the committee under subsection (2) of this section, by a vote of at least three-fourths of its members, may adopt a performance-based salary enhancement program that results in uniform across-the-board salary increases."

"NEW SECTION. Sec. 607. Performance-based salary enhancement grants for certificated staff do not constitute an increase in salary or compensation for purposes of RCW 28A.400.200, nor may such compensation be applied to the district's salary schedule or be provided in a manner that would increase the state's basic education funding obligation."

"NEW SECTION. Sec. 608. Schools or districts accepting performance-based salary enhancement grant funds shall be required to match the state funds at fifty percent. The match may consist of funds under section 1101 of this act."

"NEW SECTION. Sec. 609. It is the intent of the legislature to attract career professionals from diverse backgrounds into the teaching profession and prevent teacher shortages by making alternate teacher certification available to persons with baccalaureate degrees and extensive, relevant work experience. The alternate certificate established under section 610 of this act shall allow eligible persons to qualify for initial teacher certification upon satisfactory completion of limited preservice coursework and two years of full-time teaching under the guidance and supervision of an employee of a school district in Washington state."

"NEW SECTION. Sec. 610. The state board of education shall by December 15, 1991, adopt rules to implement an alternate teacher certificate having the following standards:

(1) Each candidate for the alternate teacher's certificate shall:

(a) Possess a baccalaureate degree in the arts, sciences, or humanities from an accredited college or university;

(b) Have completed a minimum number of years, as determined by the state board of education, of occupational experience relevant to the subject area in which he or she is seeking endorsement;

(c) Meet the age and character requirements established by the state board of education for all certificated school staff, including compliance with the background check through the Washington state patrol criminal investigation system as required under RCW 28A.410.010; and

(d) Possess a contract for employment in a school district of the state.

(2) Prior to beginning teaching under the alternate teacher certificate, the candidate shall:

(a) Have satisfied preservice coursework requirements established by the state board of education for this purpose. These requirements shall be limited to no more than fifteen quarter hours or ten semester hours of postbaccalaureate coursework, or the equivalent in state board of education approved in-service clock hours. In establishing the requirements, the state board shall select courses available during the summer as well as the school year;

(b) Have developed with their employing school district a written plan for supervision, guidance, and support to be provided to the candidate by the district for the duration of the alternate certificate. The plan shall include but not be limited to assignment by the district of a mentor teacher according to criteria established for the teacher assistance program under RCW 28A.405.450 and evaluation under the school district's teacher evaluation procedures.

(3) The alternate teacher certificate allows the holder full authority to serve as a part-time or full-time teacher. The certificate shall be valid for not more than two years of full-time teaching or its equivalent. A person desiring to teach beyond the expiration date of his or her alternate certificate shall apply for initial or professional certification with the superintendent of public instruction. Such certification shall be conditioned upon the satisfaction of all requirements in this section and recommendation by the school district employing the candidate under alternate certification. Initial certification shall not require additional coursework or experience.

(4) The alternate certification developed under this section shall be available not later than the 1992-93 school year."

"NEW SECTION. Sec. 611. (1) The state board of education shall report to the legislature by December 15, 1991, on:

(a) The standards adopted pursuant to section 610 of this act; and

(b) Recommendations for placement of teachers with alternate certification as provided for in section 610 of this act on the state-wide salary allocation schedule.

(2) The state board of education shall report annually to the legislature and the governor on alternate teacher certification. Each report is due by December 1st and shall include but not be limited to: The number of alternate certification teachers hired by school districts; the grade level and subject areas to which they have been assigned; the number of instructional hours they have taught; the number who have applied for initial or professional certification; and the number who have been granted initial or professional certification."

"Sec. 612. RCW 28A.410.030 and 1987 c 525 s 203 are each amended to read as follows:

(1) The state board of education shall require a uniform state ((~~exit~~)) entry to practice examination for teacher certification candidates.

(2) Commencing August 31, 1993, ((~~teacher certification~~)) for initial teacher certification or alternative certification under sections 609 through 611 of this 1991 act candidates completing a teacher preparation program shall be required to pass an ((~~exit~~)) entry to practice examination before being granted an initial certificate. The examination shall test knowledge and competence in: (a) The subjects ((~~including, but not limited to,~~)) for which the candidate has an endorsement; and (b) instructional skills, classroom management, and student behavior and development. The examination for (b) of this subsection shall consist primarily of essay questions.

(3) Candidates shall pass the examinations in subsection (2) (a) and (b) of this section. However, if a candidate passes only the examination in subsection (2)(b) of this section, the candidate may teach for one school year if the candidate retakes the examination in subsection (2)(a) of this section once each six months while teaching.

(4) The state board of education shall adopt such rules as may be necessary to implement this section."

"Sec. 613. RCW 28A.405.220 and 1990 c 33 s 391 are each amended to read as follows:

Notwithstanding the provisions of RCW 28A.405.210, every person employed by a school district in a teaching or other nonsupervisory certificated position shall be subject to nonrenewal of employment contract as provided in this section during the first three years of employment by such district, unless the employee has previously completed at least three years of certificated employment in another school district in the state of Washington, in which case the employee shall be subject to nonrenewal of employment contract pursuant to this section during the first year of employment with the new district. Employees as defined in this section shall hereinafter be referred to as "provisional employees".

In the event the superintendent of the school district determines that the employment contract of any provisional employee should not be renewed by the district for the next ensuing term such provisional employee shall be notified thereof in writing on or before May 15th preceding the commencement of such school term, which notification shall state the reason or reasons for such determination. Such notice shall be served upon the provisional employee personally, or by certified or registered mail, or by leaving a copy of the notice at the place of his or her usual abode with some person of suitable age and discretion then resident therein. The determination of the superintendent shall be subject to the evaluation requirements of RCW 28A.405.100.

Every such provisional employee so notified, at his or her request made in writing and filed with the superintendent of the district within ten days after receiving such notice, shall be given the opportunity to meet informally with the superintendent for the purpose of requesting the superintendent to reconsider his or her decision. Such meeting shall be held no later than ten days following the receipt of such request, and the provisional employee shall be given written notice of the date, time and place of meeting at least three days prior thereto. At such meeting the provisional employee shall be given the opportunity to refute any facts upon which the superintendent's determination was based and to make any argument in support of his or her request for reconsideration.

Within ten days following the meeting with the provisional employee, the superintendent shall either reinstate the provisional employee or shall submit to the school district board of directors for consideration at its next regular meeting a written report recommending that the employment contract of the provisional employee be nonrenewed and stating the reason or reasons therefor. A copy of such report shall be delivered to the provisional employee at least three days prior to the scheduled meeting of the board of directors. In taking action upon the recommendation of the superintendent, the board of directors shall consider any written communication which the provisional employee may file with the secretary of the board at any time prior to that meeting.

The board of directors shall notify the provisional employee in writing of its final decision within ten days following the meeting at which the superintendent's recommendation was considered. The decision of the board of directors to nonrenew the contract of a provisional employee shall be final and not subject to appeal.

This section applies to any person employed by a school district in a teaching or other nonsupervisory certificated position after June 25, 1976. This section provides the exclusive means for nonrenewing the employment contract of a provisional employee and no other provision of law shall be applicable thereto, including, without limitation, RCW 28A.405.210 and chapter 28A.645 RCW."

"Sec. 614. RCW 28A.410.040 and 1990 c 33 s 406 are each amended to read as follows:

(1) The state board of education shall adopt rules providing that, except as provided in this section, all individuals qualifying for an initial-level teaching certificate after August 31, 1992, shall possess a baccalaureate degree in the arts, sciences, and/or humanities and have fulfilled the requirements for teacher certification pursuant to RCW 28A.305.130 (1) and (2). ((The state board of education shall develop and adopt rules establishing baccalaureate degree equivalency standards for certification of vocational instructors performing instructional duties and acquiring initial level certification after August 31, 1992.)) However, candidates for grades preschool through eight certificates shall have fulfilled the requirements for a major as part of their baccalaureate degree. If the major is in early childhood education, elementary education, or special education, the candidate must have at least thirty quarter hours or twenty semester hours in one academic field.

(2) ((The state board of education shall study the impact of eliminating the major in education under subsection (1) of this section and submit a report to the legislature by January 15, 1990. The report shall include a recommendation on whether the major in education under subsection (1) of this section should be eliminated.

~~(3)~~)) The initial certificate shall be valid for ((~~two years.~~

(4) Certificate holders may renew the certificate for a three-year period by providing proof of acceptance and enrollment in an approved masters degree program. A second renewal, for a period of two years, may be granted upon recommendation of the degree-granting institution and if the certificate holder can demonstrate substantial progress toward the completion of the masters degree and that the degree will be completed within the two-year extension period. Under no circumstances may an initial certificate be valid for)) a period of no more than seven years. The initial certificate may be reinstated pursuant to state board of education rules."

"Sec. 615. RCW 28A.410.050 and 1989 c 29 s 2 are each amended to read as follows:

(((1) The state board of education shall implement rules providing that all teachers performing instructional duties and acquiring professional level certificate status after August 31, 1992, shall possess, as a requirement of professional status, a masters degree in teaching, or a masters degree in the arts, sciences, and/or humanities.

~~(2)~~)) The state board of education shall develop and adopt rules establishing baccalaureate and masters degree equivalency standards for vocational instructors performing instructional duties and acquiring ((~~professional level~~)) certification after August 31, 1992."

"PART VII

PRIMARY GRADES SPECIAL EMPHASIS GRANT PROGRAM"

"NEW SECTION. Sec. 701. (1) A student's ability to learn can be affected by a number of both positive and negative factors, including but not limited to: Level of parent involvement and support; child abuse and neglect; poverty, including parental unemployment or underemployment; family transiency and homelessness; drug and alcohol abuse; poor health and nutrition; crime; and peer influence. Such factors can be manifested in forms such as underachievement and failure, absenteeism and truancy, drug and alcohol abuse, delinquency, suicide, disruption of the classroom learning environment, dropping out, teen pregnancy, and, later in life, unemployment, a need for public assistance, treatment or institutionalization for mental health reasons, involvement with the judicial system, and possible imprisonment for criminal convictions.

(2) The legislature finds that:

(a) Prevention and intervention services at the elementary level can offer early identification, encouragement, and follow-up of each child's special interests, creative talents, and particular abilities as well as identification of and cooperative assistance with learning, emotional, environmental, social, or physical obstacles to normal child growth and development; and

(b) The provision of counseling and related prevention and intervention services at the elementary level can contribute to enhancement of the classroom environment for students and teachers, and better enable students to realize their academic and personal potential."

"NEW SECTION. Sec. 702. Unless the context clearly requires otherwise, the definitions in this section apply throughout sections 702 through 710 of this act.

(1) "Child intervention specialist" means:

(a) An educational staff associate who holds certification as a school counselor, a school psychologist, a school nurse, or a school social worker under state board of education rules adopted pursuant to RCW 28A.305.130; or

(b)(i) An appropriate public or private provider of professional health care as defined under RCW 18.120.020(4), including providers employed by the state of Washington;

(ii) A mental health professional as defined under RCW 71.05.020(12), including mental health professionals employed by the state of Washington; or

(iii) A child psychiatrist or children's mental health specialist as defined under RCW 71.34.020, including child psychiatrists or children's mental health specialists employed by the state of Washington, whose services may be requested by a school district pursuant to a prevention and intervention program for elementary students implemented under sections 703 through 705 of this act.

(2) "Early grades," "elementary grades," and "elementary level" mean kindergarten through grade six and may include preschool age children served by the school district.

(3) "Elementary grades prevention and intervention program" means a program of services and activities or events developed pursuant to sections 703 through 705 of this act.

(4) "Superintendent" means the superintendent of public instruction."

"NEW SECTION. Sec. 703. (1) From funds appropriated by the legislature, the superintendent shall establish a voluntary program to assist school districts in providing prevention and intervention programs for elementary grade students. This program shall be called the fair start program. The fair start program shall not become a part of the state's basic program of education obligation as set forth under Article IX of the state Constitution.

(2) Any district currently providing elementary students with prevention and intervention services which loses the source of funding for those services, for reasons beyond the control of the district, may use fair start funds to continue or enhance the existing level of prevention and intervention services."

"NEW SECTION. Sec. 704. The superintendent shall distribute funds equitably to all school districts based on the district's enrollment in grades kindergarten through six. Districts accepting fair start allocations shall be required to match the state funds at fifty percent. In addition to the funds under section 1101 of this act, the district match may consist of:

(1) Federal funds;

(2) Other funds available to districts, including funds from state programs with prevention and intervention components, such as:

(a) The substance abuse awareness program under RCW 28A.170.010 through 28A.170.070;

(b) The substance abuse prevention and intervention program under RCW 28A.170.075 through 28A.170.100;

(d) The learning assistance program under RCW 28A.165.010 through 28A.165.090;

(e) The dropout prevention program under RCW 28A.175.020 through 28A.175.070;

(3) District funds currently used for elementary prevention and intervention services;

(4) Contributions of or contractual arrangements for services, including the use of a child intervention specialist licensed or employed by the state of Washington, materials, supplies, or physical facilities; or

(5) Any combination of funds under subsections (1) through (4) of this section." "

"NEW SECTION. Sec. 705. (1) School districts interested in implementing or enhancing an elementary grades prevention and intervention program shall submit the following information to the superintendent of public instruction:

(a) Documentation that the district board of directors has adopted a written policy regarding the district's role and responsibility relating to prevention and intervention services for elementary students or a letter of commitment from the board of directors that a written policy will be adopted within six months of receipt of state funding under this chapter;

(b) District goals relating to prevention and intervention services for elementary students;

(i) The referral of students for prevention and intervention services; and

(ii) Liability issues relating to the provision of prevention and intervention services to students outside school buildings;

(d) Use of grant funds for prevention and intervention related in-service purposes, including, as necessary and appropriate, multicultural in-service training for child intervention specialists;

(e) How the services of child intervention specialists may be integrated into the district's elementary grades prevention and intervention program;

(f) Evaluation procedures the district will implement to assess the effectiveness of the district's early grades prevention and intervention program; and

(g) Other information as requested by the superintendent.

(2) The district's plan for providing prevention and intervention services to students shall be based on the district's identified goals under subsection (1)(b) of this section. The plan shall be developed with the participation of, but not limited to, district and building-level staff and administrators, child intervention specialists, and parents.

(3) In addition to the information required under subsection (1) of this section, school districts and educational service districts accepting moneys under the fair start program shall be required to establish formal agreements for coordinated case management with lead mental health agencies or other public or private social service agencies that are present in the community with an emphasis on the most efficient and cost-effective use of fair start funds.

(4) Two or more school districts may submit a joint application for the purpose of establishing or enhancing a cooperative prevention and intervention program for elementary grades students.

(5) An educational service district may submit an application on behalf of one or more school districts for the purpose of establishing or enhancing an elementary grades prevention and intervention program."

"NEW SECTION. Sec. 706. (1) Districts shall use fair start funds to provide prevention and intervention services to students in grades preschool through six with priority given to students based on need. Districts shall establish the criteria determining need and include this information in the reports required under section 709 of this act.

(2) In developing their elementary grades prevention and intervention programs, districts shall, as appropriate, take into consideration the multicultural background and needs of students and, as necessary, provide appropriate multicultural curriculum materials.

(3) In developing their elementary grades prevention and intervention programs, districts shall emphasize the delivery of services using child intervention specialists as defined in section 702(1)(a) of this act. Districts are encouraged to have child intervention specialists as defined in section 702(1)(b) of this act deliver services in the district and under the supervision of a child intervention specialist as defined in section 702(1)(a) of this act under the district's prevention and intervention program.

(4) Nothing under sections 702 through 710 of this act shall preclude a district from incorporating a primary intervention program model as part of the district's fair start program."

"NEW SECTION. Sec. 707. The superintendent shall develop specific measures to evaluate the success of the grant projects and the fair start program. The department of social and health services shall provide the superintendent with information the superintendent may use in developing measures to evaluate the fair start program and projects."

"NEW SECTION. Sec. 708. (1) The superintendent of public instruction shall adopt rules as necessary under chapter 34.05 RCW to implement sections 702 through 707 of this act.

(a) The rules shall permit districts to contract with governmental or nongovernmental organizations or community-based professional health care providers to provide elementary students with prevention and intervention services under the local fair start program.

(b) The rules shall permit school districts to provide prevention and intervention services through the local educational service district.

(c) The rules shall assure appropriate coordination between the superintendent and the department of social and health services regarding the primary intervention program and the fair start program.

(2) The secretary of the department of social and health services shall adopt rules as necessary under chapter 34.05 RCW to assure appropriate coordination between the secretary and the superintendent regarding the fair start program and the primary intervention program."

"NEW SECTION. Sec. 709. (1) School districts and educational service districts shall submit annually to the superintendent of public instruction a report on their fair start programs. The reports shall include the criteria established to determine students' needs to provide prevention and intervention services on a priority basis.

(2) The superintendent shall submit biennially a report to the governor and the legislature on the fair start program established under section 703 of this act. The first report shall be submitted not later than December 1, 1992. The first report shall include information on districts' criteria establishing students' needs to receive prevention and intervention services on a priority basis. Subsequent reports shall be submitted not later than December 1 in even-numbered years."

"NEW SECTION. Sec. 710. (1) The superintendent of public instruction shall collect and disseminate to school districts information on programs established or enhanced under the fair start program.

(2) Upon request, the superintendent shall provide information to districts regarding how other districts have used fair start funds locally and how other districts have established formal agreements for coordinated case management under section 705(4) of this act or otherwise coordinated services to children."

"PART VIII

WORKPLACE SKILLS GRANT PROGRAM"

"NEW SECTION. Sec. 801. (1) The legislature recognizes that students now and in the future will need to acquire certain skills to be better prepared to function in a rapidly changing society, including an ever changing workplace environment. As we continue to experience the fast-paced social evolution into an information and service-oriented age, individuals' abilities to assimilate information quickly and their capacity to adjust to new circumstances are rapidly becoming new fundamental skills.

(2) New technologies are being introduced into the education system but need to be introduced more quickly and equitably across the curriculum. At the same time, teachers and students need to become familiar with the educational technologies and to learn how to use these technologies to enhance the educational experience.

(3) The legislature finds that providing for the integration of technology in education, providing resources to enhance vocational education programs, facilitating the integration of academics and vocational education, and encouraging innovative developments in the use of technology and vocational education will make students better prepared to meet the challenges of the twenty-first century."

"NEW SECTION. Sec. 802. The voc ed works 2000 program is created. The program shall encourage the development of new and the improvement of existing vocational projects to help students learn the skills necessary to meet the challenges of an increasingly technological and ever-changing workplace. Goals of projects within the program shall include but not be limited to:

(1) Encouraging the integration between academic and vocational programs with the following specific items addressed:

(a) Revision of instructional strategies and materials used in vocational courses to establish higher academic standards and expectations for students;

(b) Development of a challenging multiyear program of study that combines academic and vocational elements designed both to prepare students for employment after high school and for further education;

(c) Access to rewarding and demanding vocational programs and academic courses for underachieving students and methods of providing needed extra assistance;

(d) Coordination among secondary and postsecondary vocational education programs;

(e) Coordination among vocational and academic administrators and teachers and school counselors, business, and labor, and representatives of postsecondary education to identify, specify, and develop methods to assess minimum levels of academic achievement and technical competencies;

(f) Providing assistance to students in selecting courses and choosing careers;

(g) Expanding efforts to assist students in finding employment or entering an institution of postsecondary education;

(h) Establishing performance indicators both to track and report annual progress;

(i) Providing information about the program throughout the state; and

(j) Identifying the professional development needed by teachers and administrators to assist in the integration of academic and vocational skills;

(2) Encouraging collaborative models among schools and school districts, educational service districts, interdistrict cooperatives, skills centers, public vocational technical institutes, community colleges, business, labor, and industry;

(3) Encouraging the development of workplace competencies and concepts that transcend particular occupational skills;

(4) Encouraging the effective administration of vocational programs; and

(5) Developing modifications in curriculum, instruction, and program delivery to address changing technology and changing students' needs."

"NEW SECTION. Sec. 803. (1) The superintendent of public instruction, with the assistance of the state board of education and in consultation with the state board for vocational education and the state board for community college education, shall develop a process for public schools or school districts, educational service districts, interdistrict cooperatives, skills centers, public vocational technical institutes, and community colleges to participate in the voc ed works 2000 program.

(2) The superintendent of public instruction shall review and select projects for the grant awards, and monitor and evaluate programs operated by grant recipients.

(3) The superintendent of public instruction shall evaluate the program on a state-wide basis."

"NEW SECTION. Sec. 804. The superintendent of public instruction, after reviewing project proposals, shall, subject to money being appropriated by the legislature for this purpose, select not more than twenty-one projects during each biennium for the voc ed works 2000 program. The projects should reflect a balance among rural and urban areas, geographical areas, and school characteristics and sizes. The projects may be awarded to a public high school, a school district containing one or more high schools, a skills center, an educational service district, an interdistrict cooperative, a public vocational technical institute, or a community college. An award to a community college shall be made only if the project involves a school or school district, educational service district, interdistrict cooperative, public vocational technical institute, or skills center. Applications from two or more school districts, educational service districts, combinations of school districts and community college districts through an agreement under RCW 28B.50.530, or any combination are encouraged."

"NEW SECTION. Sec. 805. Initial applications to participate in the voc ed works 2000 program shall be submitted to the office of the superintendent of public instruction not later than September 30, 1991, for implementation beginning December 30, 1991. Subject to available funding, additional applications may be submitted to the superintendent of public instruction for consideration by November 1st of subsequent years. Each application shall contain a proposed plan that:

(1) Describes specific activities to be carried out as part of the project;

(2) Provides for all parties to work cooperatively during the term of the project;

(3) Includes provisions for certificated school staff providing instruction in vocational education programs, and classified school employees with primary roles in implementing and conducting the plan, to be employed on supplemental contracts with additional compensation for an average of ten additional days beyond the general state-funded school year allocations for each participating employee, and staff development time as provided by legislative appropriation. Notwithstanding the provisions of RCW 28A.400.200, district resources may be used to fund the employment of school district staff beyond the average of ten additional days for the purposes of the project;

(4) Includes budget plans for the project and additional anticipated sources of funding, including private grants and contributions, if any;

(5) Identifies the technical resources desired, the potential costs of those resources, and the institutions of higher education, businesses, industries, labor organizations, educational service districts, or consultants available to provide such resources;

(6) Identifies the evaluation and accountability processes to be used to measure student, project, and staff performance;

(7) Justifies each request for waiver of specific state statutes or administrative rules during at least the first two years of the program;

(8) Includes a written statement that school directors and administrators and community college boards of trustees, if applicable, are willing to exempt the projects from specifically identified local rules, as needed;

(9) Includes a written statement that the school directors and community college board of trustees and the local bargaining agents will modify those portions of their local agreements as applicable for the projects;

(10) Includes a written statement that model curriculum programs developed under RCW 28A.300.110 have been considered, if applicable;

(11) Includes written statements of support from the school district board of directors, the school district superintendent, and the principal and staff of the building requesting to become a project, and statements of support, willingness to participate, or concerns from any interested parent, business, or community organization; and

(12) Includes written statements of support from the community college board of trustees and the community college president and staff of the community college requesting to become a project, if applicable."

"NEW SECTION. Sec. 806. (1) The superintendent of public instruction shall administer sections 802 through 812 of this act and is authorized to award grant funding, subject to money being appropriated by the legislature for this purpose, for projects selected by the superintendent of public instruction under section 804 of this act.

(2) The superintendent of public instruction shall distribute the initial award grants by December 1, 1991. The initial projects under the voc ed works 2000 program shall begin during the 1991-92 school year.

(3) The projects for the voc ed works 2000 program may be conducted for up to six years, if funds are so provided. Subject to approval by the superintendent of public instruction and continued state funding, projects initially funded for two years may be extended for a total period not to exceed six years. Future funding shall be conditioned on a positive evaluation of the project."

"NEW SECTION. Sec. 807. (1) The superintendent of public instruction may accept, receive, and administer for the purposes of sections 802 through 812 of this act such gifts, grants, and contributions as may be provided from public and private sources for the purposes of sections 802 through 812 of this act.

(2) The voc ed works 2000 program account is hereby established in the custody of the state treasurer. The superintendent of public instruction shall deposit in the account all moneys received under this section. Moneys in the account may be spent only for the purposes of sections 802 through 812 of this act. Disbursements from this account shall be on the authorization of the superintendent of public instruction or the superintendent's designee. The account is subject to the allotment procedure provided under chapter 43.88 RCW, but no appropriation is required for disbursements."

"NEW SECTION. Sec. 808. (1) The superintendent of public instruction, where appropriate, or the state board of education, where appropriate, is authorized to grant waivers to project applicants from the provisions of statutes or administrative rules relating to: Graduation requirements under RCW 28A.230.090; student to teacher ratios; teacher contact hour requirements under RCW 28A.150.260; teacher certification requirements; program approval standards; the commingling of funds appropriated by the legislature for vocational education programs and basic education programs if not inconsistent with federal laws or regulations; and other administrative rules which in the opinion of the superintendent of public instruction or the state board of education may need to be waived to implement a project proposal.

(2) State rules dealing with public health, safety, and civil rights, including accessibility by the handicapped, shall not be waived.

(3) A school district may request the state board of education or superintendent of public instruction to ask the United States department of education, the United States department of labor, or other federal agencies to waive certain federal regulations necessary to implement the proposed project.

(4) The superintendent of public instruction and the state board of education shall work with the state board for community college education and the higher education coordinating board for the waiver of applicable college entrance requirements and for the establishment of course equivalency requirements for students participating in projects under sections 802 through 812 of this act.

(5) The superintendent of public instruction and the state board of education shall seek the waiver of any applicable provisions of the job skills program under RCW 28C.04.400 through 28C.04.480."

"NEW SECTION. Sec. 809. The superintendent of public instruction shall ensure that successful applicants will be afforded resources and special support assistance, as specified in legislative appropriations, in undertaking activities for the voc ed works 2000 program. The superintendent of public instruction shall develop a process that coordinates and facilitates linkages among participating school districts, community colleges, business, labor, and industry. Staff from schools or school districts, public vocational technical institutes, educational service districts, skills centers, and community colleges selected to participate in the voc ed works 2000 program shall be given priority consideration for participation in state sponsored staff development programs and summer institutes which are directly related to the goals of the selected projects."

"NEW SECTION. Sec. 810. (1) The superintendent of public instruction may adopt rules under chapter 34.05 RCW as necessary to implement the superintendent's duties under sections 802 through 812 of this act.

(2) The state board of education may adopt rules under chapter 34.05 RCW as necessary to implement its duties under sections 802 through 812 of this act."

"NEW SECTION. Sec. 811. (1) The superintendent of public instruction shall report to the legislature on the progress of the voc ed works 2000 program by January 15th of each odd-numbered year, including a recommendation on the number of additional projects that should be authorized and funded. The first report shall be submitted by January 15, 1993.

(2) Each applicant selected to participate in the voc ed works 2000 program shall submit an annual report to the superintendent of public instruction on the progress of the project as a condition of receipt of continued funding."

"NEW SECTION. Sec. 812. The superintendent of public instruction, through the state clearinghouse for education information, shall collect and disseminate to all school districts and other interested parties information about the voc ed works 2000 program."

"NEW SECTION. Sec. 813. A new section is added to chapter 28B.80 RCW to read as follows:

The higher education coordinating board shall review the entrance requirements for the state institutions of higher education and shall work with the boards of trustees and the boards of regents of the state universities, the regional universities, and The Evergreen State College and the superintendent of public instruction and the state board of education regarding waiving certain entrance requirements or developing course equivalencies for students enrolled in a program under sections 802 through 812 of this act."

"NEW SECTION. Sec. 814. A new section is added to chapter 28B.50 RCW to read as follows:

The state board for community college education may adopt rules under chapter 34.05 RCW as necessary to implement the board's duties under sections 802 through 812 of this act."

"NEW SECTION. Sec. 815. A new section is added to chapter 28A.150 RCW to read as follows:

The superintendent of public instruction shall adopt rules that establish general program approval standards for determining the terms and conditions under which school districts are eligible to receive state funds for secondary vocational education. The standards shall include a provision regarding the use of extended or supplemental contracts for certificated vocational education instructors in vocational fields and provide assistance to districts in determining when to offer such contracts."

"NEW SECTION. Sec. 816. (1) Each school district, skills center, educational service district, interdistrict cooperative, or public vocational technical institute receiving state funds for vocational programs shall consult with a local advisory council on vocational education. The district may create a council or may use an existing entity that meets the requirements of this section and sections 817 and 818 of this act. Joint councils may be established.

(2) The councils shall be composed of members who are representative of the population found in the area that the council serves. The council shall be composed of representatives of the general public including at a minimum representatives of business, industry, labor, and spokespersons for persons with disabilities."

"NEW SECTION. Sec. 817. The local advisory council shall provide advice and assistance to the school district, skills center, educational service district, interdistrict cooperative, or public vocational technical institute on:

(1) Selecting equipment and instructional materials and establishing specifications for training areas. The council shall suggest ways to provide for the efficient and effective use of equipment and insure maximum use of the equipment;

(2) Determining training needs;

(3) Determining content and length of courses;

(4) Determining current and future employment opportunities and requirements;

(5) Making recommendations to help provide for experienced and knowledgeable instructors; and

(6) Providing support for the entire vocational education program."

"NEW SECTION. Sec. 818. A school district shall only be eligible to receive funds to upgrade or to acquire equipment for vocational education programs if the district in consultation with the local advisory council has developed a vocational education program improvement component within their plan. The improvement component shall describe: Methods for strengthening vocational education; business and industry partnerships; the potential to aid local economic development; staff training; the need for extended or supplemental contracts for specific certificated instructional staff in vocational programs; job placement; consistency with the state plan for vocational education; and the basic skills and core competencies required for successful employment. In developing the plan, coordination with community colleges, business and industry, and other school districts, educational service districts, interdistrict cooperatives, skills centers, and public vocational technical institutes shall be considered. The plan shall be revised at least once every two years."

"NEW SECTION. Sec. 819. The entity in the state of Washington qualifying as the entity for the receipt of federal funds shall, with available funds, provide technical assistance to local vocational education advisory committees."

"NEW SECTION. Sec. 820. Each vocational agriculture education service area shall encourage greater student and teacher knowledge of environmentally sensitive and low-input agricultural and landscaping practices, water conservation, and agricultural worker protections."

"NEW SECTION. Sec. 821. A new section is added to chapter 28B.10 RCW to read as follows:

In developing admission standards, each four-year institution of higher education shall recognize the relevance of vocational education courses and the competencies taught in such courses and shall make every effort to designate applicable vocational education courses as course equivalencies."

"Sec. 822. RCW 28B.80.350 and 1988 c 172 s 4 are each amended to read as follows:

The board shall coordinate educational activities among all segments of higher education taking into account the educational programs, facilities, and other resources of both public and independent two and four-year colleges and universities. The four-year institutions and the state board for community college education shall coordinate information and activities with the board. The board shall have the following additional responsibilities:

(1) Promote interinstitutional cooperation;

(2) Establish minimum admission standards for four-year institutions, including a requirement that coursework in sign language shall satisfy any foreign language requirement the board or the institutions may establish as a general undergraduate admissions requirement. The standards shall include recognition of the relevance of vocational education courses and the competencies taught in such courses and the use of vocational education courses having academic equivalencies to meet admission requirements to four-year institutions;

(3) Establish transfer policies;

(4) Adopt rules implementing statutory residency requirements;

(5) Develop and administer reciprocity agreements with bordering states and the province of British Columbia;

(6) Review and recommend compensation practices and levels for administrative employees, exempt under chapter 28B.16 RCW, and faculty using comparative data from peer institutions;

(7) Monitor higher education activities for compliance with all relevant state policies for higher education;

(8) Arbitrate disputes between and among four-year institutions or between and among four-year institutions and community colleges at the request of one or more of the institutions involved, or at the request of the governor, or from a resolution adopted by the legislature. The decision of the board shall be binding on the participants in the dispute;

(9) Establish and implement a state system for collecting, analyzing, and distributing information;

(10) Recommend to the governor and the legislature ways to remove any economic incentives to use off-campus program funds for on-campus activities; and

(11) Make recommendations to increase minority participation, and monitor and report on the progress of minority participation in higher education."

"NEW SECTION. Sec. 823. By November 1, 1992, the higher education coordinating board shall develop recommendations for eliminating or modifying university and college entrance requirements that inhibit schools from adopting strategies that are designed to ensure that students achieve the essential knowledge, skills, and attitudes."

"Sec. 824. RCW 28A.230.100 and 1990 c 33 s 239 are each amended to read as follows:

The state board of education shall adopt rules pursuant to chapter 34.05 RCW, to implement the course requirements set forth ((in)) pursuant to RCW 28A.230.090. Such rules shall include, as the state board deems necessary, granting equivalencies for and temporary exemptions from the course requirements ((~~in RCW 28A.230.090 and special alterations of the course requirements in RCW 28A.230.090~~)) established. In developing such rules the state board shall recognize the relevance of instruction in work force skills through vocational education and applied courses and allow such courses to fulfill in whole or in part the courses required for graduation ((~~in RCW 28A.230.090~~)). Such rules may include provisions for competency testing in lieu of such courses required for graduation ((in)) pursuant to RCW 28A.230.090."

"NEW SECTION. Sec. 825. The legislature finds that the needs of the work force and the economy necessitate enhanced vocational education opportunities in secondary education including curriculum which integrates vocational and academic education. In order for the state's work force to be competitive in the world market, employees need competencies in both vocational and technical skills and in essential subject areas such as English, math, science, technology, geography, history, and critical thinking. Curriculum which integrates vocational and academic education reflects that many students learn best through applied learning, and that students should be offered flexible education opportunities which prepare them for both the world of work and for higher education."

"NEW SECTION. Sec. 826. A new section is added to chapter 28A.300 RCW to read as follows:

The superintendent of public instruction shall develop a model curriculum integrating vocational and academic education at the secondary level. The curriculum shall integrate vocational education for gainful employment with education in the academic subjects of English, math, science, technology, geography, and history, and with education in critical thinking. Upon completion, the model curriculum shall be provided for consideration and use by school districts."

"NEW SECTION. Sec. 827. A new section is added to chapter 28A.320 RCW to read as follows:

School districts receiving funds for any of the programs under sections 802 through 821 of this act or RCW 28B.80.350, or for improvements in vocational equipment and the nonemployee-related costs associated with that equipment or for increasing the number of teachers to students in approved secondary vocational programs shall be required to match the funds at fifty percent. The district match may consist of funds under section 1101 of this act."

"PART IX

URBAN SCHOOLS GRANTS"

"NEW SECTION. Sec. 901. The superintendent of public instruction shall establish and administer an urban schools grant program to provide eligible school districts an opportunity to apply for state funds that are separate from and in addition to the state funds allocated for the state's basic program of education."

"NEW SECTION. Sec. 902. (1) The Seattle, Tacoma, Spokane, Yakima, and Pasco school districts are eligible to apply for an urban schools grant under section 901 of this act.

(2) Districts accepting urban schools grant funds shall be required to match the state funds at fifty percent. The district match may consist of funds under section 1101 of this act."

"NEW SECTION. Sec. 903. The eligible school districts interested in applying for funds under the urban schools grant program shall submit a grant application to the superintendent of public instruction. Grant applications shall include the following:

(1) Documentation that the district board of directors has held at least one public hearing regarding the proposed use of the grant funds. The public hearing and other public hearings held by the district may be held as part of the public hearings required pursuant to chapter 28A.505 RCW;

(2) Identified budgeted expenditures for the grant funds. The expenditure plan may be included as part of the district's annual budget required under chapter 28A.505 RCW;

(3) Documentation that the development of the expenditure plan, prior to the first public hearing, involved teachers, school and district administrators, educational staff associates and classified personnel, parents, students, and members of the community at-large;

(4) A description of the services, programs, or activities that will be funded, in whole or in part, by the grant funds;

(5) A description of the methods and procedures to be used to evaluate the effectiveness of the services, programs, or activities supported by the grant funds; and

(6) Other information as requested by the superintendent of public instruction."

"NEW SECTION. Sec. 904. Grant funds shall be used for purposes identified by the school district in compliance with section 903 of this act. New or existing programs enhanced by funds received under the urban schools grant program shall not become a part of the state's basic program of education obligation as set forth under Article IX of the state Constitution."

"NEW SECTION. Sec. 905. (1) Each school district receiving funds under the urban schools grant program established under section 901 of this act shall submit biennially to the superintendent of public instruction a report on the district's use of the grant funds and other information required by the superintendent of public instruction. The superintendent of public instruction shall establish the date for submittal of reports.

(2) The superintendent of public instruction shall submit biennially to the legislature a report on the urban schools grant program. The first report shall be submitted not later than December 1, 1992."

"NEW SECTION. Sec. 906. The superintendent of public instruction shall adopt rules as necessary under chapter 34.05 RCW to implement the provisions of sections 901 through 905 of this act."

"PART X

SMALL SCHOOLS GRANTS"

"NEW SECTION. Sec. 1001. (1) The superintendent of public instruction shall establish and administer a small schools grant program to assist eligible school districts in meeting special needs of the districts.

(2) Funds appropriated by the legislature for the purposes of the small schools grant program and new or existing programs enhanced by funds received under the small schools grant program shall not become a part of the state's basic program of education obligation as set forth under Article IX of the state Constitution.

(3) School districts shall be eligible to apply for additional state funds under the small schools grant program if the school district meets the criteria under section 1002 of this act.

(4) Districts accepting small schools grant funds shall be required to match the state funds at fifty percent. The district match may consist of funds under section 1101 of this act."

"NEW SECTION. Sec. 1002. (1) A school district of the second class under RCW 28A.315.230 may apply for funds under the small schools grant program established under section 1001 of this act, to help meet the special needs of the district, if the school district meets all of the criteria in this section:

(a) The median household income is at least twenty percent below the state average;

(b) The number of families receiving aid to families with dependent children exceeds the state-wide average by twenty percent or more;

(d) The assessed valuation of property for excess levy purposes would require a levy rate of more than two dollars per one thousand dollars of valuation to raise a ten percent levy;

(e) The district does not receive federal impact aid in excess of the maximum amount the district would be eligible to raise with a ten percent levy; and

(f) The district does not receive federal forest moneys in excess of their basic education allocation.

(2) If a second class school district is a joint district under RCW 28A.315.350, the criteria under subsection (1) of this section shall be applied based upon the county which comes closest to meeting the criteria under subsection (1) of this section."

"NEW SECTION. Sec. 1003. Eligible school districts interested in applying for funds under the grant program established under section 1001 of this act shall submit a grant application to the superintendent of public instruction. Grant applications shall include the following:

(2) Identified budgeted expenditures for the grant funds. The expenditure plan may be included as part of the district's annual budget required under chapter 28A.505 RCW;

(3) Documentation that the development of the expenditure plan prior to the first public hearing involved teachers, school and district administrators, educational staff associates and classified personnel, parents, students, and members of the community at-large;

(4) A description of the services, programs, or activities that will be funded in whole or in part by the grant funds; and

(5) A description of the methods and procedures to be used to evaluate the effectiveness of the services, programs, or activities supported by the grant funds."

"NEW SECTION. Sec. 1004. (1) Each school district receiving funds under the grant program established under section 1001 of this act shall submit biennially to the superintendent of public instruction a report on the district's use of the grant funds. The report shall include an assessment of the effectiveness of the services, programs, or activities supported by the grant funds and other information required by the superintendent of public instruction.

(2) The superintendent of public instruction shall establish the date for submittal of reports. The superintendent of public instruction shall work with the eligible districts in developing reporting requirements that do not create excessive paperwork but which provide information necessary for the legislature to evaluate the impact of the grant program on the educational programs of the eligible school districts.

(3) The superintendent of public instruction shall submit biennially to the legislature a report on the grant program established under section 1001 of this act. The first report shall be submitted not later than December 1, 1992."

"NEW SECTION. Sec. 1005. The superintendent of public instruction shall adopt rules as necessary under chapter 34.05 RCW to implement sections 1001 through 1004 of this act."

"PART XI

FUNDING MATCHING REQUIREMENTS"

"NEW SECTION. Sec. 1101. A new section is added to chapter 28A.320 RCW to read as follows:

Districts or schools may use the following fund sources to meet the fifty percent funding matching requirements for sections 402 through 414 of this act, sections 604 through 608 of this act, sections 702 through 710 of this act, sections 802 through 821 of this act, sections 901 through 906 of this act, and sections 1001 through 1005 of this act:

(1) Local education program enhancement funds appropriated by the legislature;

(2) The district's regular levy;

(3) Municipal funds;

(4) Other nonstate funds; or

(5) Any combination of (1) through (4) of this subsection."

"PART XII

COLLECTIVE BARGAINING"

"Sec. 1201. RCW 41.59.020 and 1989 c 11 s 11 are each amended to read as follows:

As used in this chapter:

(1) The term "employee organization" means any organization, union, association, agency, committee, council, or group of any kind in which employees participate, and which exists for the purpose, in whole or in part, of collective bargaining with employers.

(2) The term "collective bargaining" or "bargaining" means the performance of the mutual obligation of the representatives of the employer and the exclusive bargaining representative to meet at reasonable times in light of the time limitations of the budget-making process, and to bargain in good faith in an effort to reach agreement with respect to the wages, hours, and terms and conditions of employment: PROVIDED, That prior law, practice or interpretation shall be neither restrictive, expansive, nor determinative with respect to the scope of bargaining. A written contract incorporating any agreements reached shall be executed if requested by either party. The obligation to bargain does not compel either party to agree to a proposal or to make a concession.

In the event of a dispute between an employer and an exclusive bargaining representative over the matters that are terms and conditions of employment, the commission shall decide which item(s) are mandatory subjects for bargaining and which item(s) are nonmandatory. The following shall not be a subject of collective bargaining: (a) The school district's policy assuring parental access to the classroom under RCW 28A.605.020; (b) performance pay plans adopted under sections 604 through 608 of this 1991 act; and (c) the schedule of days for students to attend school, as established by the school district board of directors under RCW 28A.150.040.

(3) The term "commission" means the public employment relations commission established by RCW 41.58.010.

(4) The terms "employee" and "educational employee" means any certificated employee of a school district, except:

(a) The chief executive officer of the employer.

(b) The chief administrative officers of the employer, which shall mean the superintendent of the district, deputy superintendents, administrative assistants to the superintendent, assistant superintendents, and business manager. Title variation from all positions enumerated in this subsection (b) may be appealed to the commission for determination of inclusion in, or exclusion from, the term "educational employee".

(i) Any person who participates directly on behalf of an employer in the formulation of labor relations policy, the preparation for or conduct of collective bargaining, or the administration of collective bargaining agreements, except that the role of such person is not merely routine or clerical in nature but calls for the consistent exercise of independent judgment; and

(ii) Any person who assists and acts in a confidential capacity to such person.

(d) Unless included within a bargaining unit pursuant to RCW 41.59.080, any supervisor, which means any employee having authority, in the interest of an employer, to hire, assign, promote, transfer, layoff, recall, suspend, discipline, or discharge other employees, or to adjust their grievances, or to recommend effectively such action, if in connection with the foregoing the exercise of such authority is not merely routine or clerical in nature but calls for the consistent exercise of independent judgment, and shall not include any persons solely by reason of their membership on a faculty tenure or other governance committee or body. The term "supervisor" shall include only those employees who perform a preponderance of the above-specified acts of authority.

(e) Unless included within a bargaining unit pursuant to RCW 41.59.080, principals and assistant principals in school districts.

(5) The term "employer" means any school district.

(6) The term "exclusive bargaining representative" means any employee organization which has:

(a) Been selected or designated pursuant to the provisions of this chapter as the representative of the employees in an appropriate collective bargaining unit; or

(b) Prior to January 1, 1976, been recognized under a predecessor statute as the representative of the employees in an appropriate collective bargaining or negotiations unit.

(7) The term "person" means one or more individuals, organizations, unions, associations, partnerships, corporations, boards, committees, commissions, agencies, or other entities, or their representatives.

(8) The term "nonsupervisory employee" means all educational employees other than principals, assistant principals and supervisors."

"Sec. 1202. RCW 41.56.030 and 1989 c 275 s 2 are each amended to read as follows:

As used in this chapter:

(1) "Public employer" means any officer, board, commission, council, or other person or body acting on behalf of any public body governed by this chapter as designated by RCW 41.56.020, or any subdivision of such public body. For the purposes of this section, the public employer of district court employees for wage-related matters is the respective county legislative authority, or person or body acting on behalf of the legislative authority, and the public employer for nonwage-related matters is the judge or judge's designee of the respective district court.

(2) "Public employee" means any employee of a public employer except any person (a) elected by popular vote, or (b) appointed to office pursuant to statute, ordinance or resolution for a specified term of office by the executive head or body of the public employer, or (c) whose duties as deputy, administrative assistant or secretary necessarily imply a confidential relationship to the executive head or body of the applicable bargaining unit, or any person elected by popular vote or appointed to office pursuant to statute, ordinance or resolution for a specified term of office by the executive head or body of the public employer, or (d) who is a personal assistant to a district judge or court commissioner. For the purpose of (d) of this subsection, no more than one assistant for each judge or commissioner may be excluded from a bargaining unit.

(3) "Bargaining representative" means any lawful organization which has as one of its primary purposes the representation of employees in their employment relations with employers.

(4) "Collective bargaining" means the performance of the mutual obligations of the public employer and the exclusive bargaining representative to meet at reasonable times, to confer and negotiate in good faith, and to execute a written agreement with respect to grievance procedures and collective negotiations on personnel matters, including wages, hours and working conditions, which may be peculiar to an appropriate bargaining unit of such public employer, except that by such obligation neither party shall be compelled to agree to a proposal or be required to make a concession unless otherwise provided in this chapter. In the case of the Washington state patrol, "collective bargaining" shall not include wages and wage-related matters. In the case of employees of school districts, "collective bargaining" does not include: (a) The schedule of days for students to attend school, as established by the school district board of directors under RCW 28A.150.040; (b) the school district's policy assuring parental access to the classroom under RCW 28A.605.020; or (c) performance pay plans adopted under sections 604 through 608 of this 1991 act.

(5) "Commission" means the public employment relations commission.

(6) "Executive director" means the executive director of the commission.

(7) "Uniformed personnel" means (a) law enforcement officers as defined in RCW 41.26.030 as now or hereafter amended, of cities with a population of fifteen thousand or more or law enforcement officers employed by the governing body of any county of the second class or larger, or (b) fire fighters as that term is defined in RCW 41.26.030, as now or hereafter amended."

"PART XIII

LOCAL EDUCATION PROGRAM ENHANCEMENT FUNDS"

"NEW SECTION. Sec. 1301. A new section is added to chapter 28A.300 RCW to read as follows:

(1) The superintendent of public instruction shall establish a program to provide school districts, from appropriated funds, local education program enhancement funds.

(2) A school district shall be eligible to receive an allocation from appropriated funds if the school district's board of directors has:

(a) Assessed the needs of the schools within the district;

(b) Prioritized the identified needs; and

(3) School districts receiving moneys pursuant to this section shall expend such moneys to meet educational needs identified by the district within the following program areas:

(a) Prevention and intervention services in the elementary grades;

(b) Reduction of class size;

(d) Student-at-risk programs, including dropout prevention and retrieval, and substance abuse awareness and prevention;

(e) Staff development and in-service programs;

(f) Student logical reasoning and analytical skill development;

(g) Programs for highly capable students;

(h) Programs involving students in community services;

(i) Senior citizen volunteer programs;

(j) Those sections under this act requiring a match of local funds to state funds; and

(k) Other purposes that enhance a school district's basic education program.

(4) Program enhancements funded pursuant to this section do not fall within the definition of basic education for purposes of Article IX of the state Constitution and the state's funding duty thereunder.

(5)(a) Allocations to eligible school districts shall be calculated on the basis of average annual full time equivalent enrollment. For school districts enrolling not more than one hundred average annual full time equivalent students, and for small school plants within any school district designated as remote and necessary schools, the allocations shall be determined as follows:

(i) Enrollment of not more than sixty average annual full time equivalent students in grades kindergarten through six shall generate funding based on sixty full time equivalent students;

(ii) Enrollment of not more than twenty average annual full time equivalent students in grades seven and eight shall generate funding based on twenty full time equivalent students; and

(iii) Enrollment of sixty or fewer average annual full time equivalent students in grades nine through twelve shall generate funding based on sixty full time equivalent students.

(b) Allocations shall be distributed on a school-year basis pursuant to RCW 28A.510.250."

"PART XIV

MISCELLANEOUS"

"NEW SECTION. Sec. 1401. This act may be known and cited as the bringing education home act."

"NEW SECTION. Sec. 1402. Part headings used in this act do not constitute part of the law."

"Sec. 1403. RCW 84.52.053 and 1987 1st ex.s. c 2 s 103 are each amended to read as follows:

The limitations imposed by RCW 84.52.050 through 84.52.056, and 84.52.043 shall not prevent the levy of additional taxes by school districts, when authorized so to do by the electors of such school district in the manner and for the purposes and number of years allowable under Article VII, section 2(a) of the Constitution of this state, as amended by Amendment 79 and as thereafter amended, at a special or general election to be held in the year in which the levy is made or, in the case of a one-year levy for the purpose of school nurse programs in an amount that does not exceed the sum necessary to provide one school nurse for every two thousand full-time equivalent students in the district which sum shall not be used to determine the levy limitations under RCW 84.52.0531, or in the case of a proposition authorizing two-year levies for maintenance and operation support of a school district or authorizing two-year through six-year levies to support the construction, modernization, or remodeling of school facilities, or both, at a special or general election to be held in the year in which the first annual levy is made: PROVIDED, That once additional tax levies have been authorized for maintenance and operation support of a school district for a two year period, no further additional tax levies for maintenance and operation support of the district for that period may be authorized.

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

"Sec. 1404. RCW 84.52.0531 and 1990 c 33 s 601 are each amended to read as follows:

Except as provided for in RCW 84.52.053 for one-year levies for school nurse programs, the maximum dollar amount which may be levied by or for any school district for maintenance and operation support under the provisions of RCW 84.52.053 shall be determined as follows:

(1) For the purpose of this section, the basic education allocation shall be determined pursuant to RCW 28A.150.250, 28A.150.260, and 28A.150.350: PROVIDED, That when determining the basic education allocation under subsection (4) of this section, nonresident full time equivalent pupils who are participating in a program provided for in chapter 28A.545 RCW or in any other program pursuant to an interdistrict agreement shall be included in the enrollment of the resident district and excluded from the enrollment of the serving district.

(2) For the purposes of subsection (5) of this section, a base year levy percentage shall be established. The base year levy percentage shall be equal to the greater of: (a) The district's actual levy percentage for calendar year 1985, (b) the average levy percentage for all school district levies in the state in calendar year 1985, or (c) the average levy percentage for all school district levies in the educational service district of the district in calendar year 1985.

(3) For excess levies for collection in calendar year 1988 and thereafter, the maximum dollar amount shall be the total of:

(a) The district's levy base as defined in subsection (4) of this section multiplied by the district's maximum levy percentage as defined in subsections (5) and (6) of this section; plus

(b) In the case of nonhigh school districts only, an amount equal to the total estimated amount due by the nonhigh school district to high school districts pursuant to chapter 28A.545 RCW for the school year during which collection of the levy is to commence, less the increase in the nonhigh school district's basic education allocation as computed pursuant to subsection (1) of this section due to the inclusion of pupils participating in a program provided for in chapter 28A.545 RCW in such computation; less

(c) The maximum amount of state matching funds under RCW 28A.500.010 for which the district is eligible in that tax collection year.

(4) For excess levies for collection in calendar year 1988 and thereafter, a district's levy base shall be the sum of the following allocations received by the district for the prior school year, including allocations for compensation increases, adjusted by the percent increase per full time equivalent student in the state basic education appropriation between the prior school year and the current school year:

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

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

(i) Pupil transportation;

(ii) Handicapped education;

(iii) Education of highly capable students;

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

(v) Food services; and

(vi) State-wide block grant programs; and

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

(5) For levies to be collected in calendar year 1988, a district's maximum levy percentage shall be determined as follows:

(a) Multiply the district's base year levy percentage as defined in subsection (2) of this section by the district's levy base as determined in subsection (4) of this section;

(b) Reduce the amount in (a) of this subsection by the total estimated amount of any levy reduction funds as defined in subsection (7) of this section which are to be allocated to the district for the 1987-88 school year;

(d) The percentage in (c) of this subsection or twenty percent, whichever is greater, shall be the district's maximum levy percentage for levies collected in calendar year 1988.

(6) For excess levies for collection in calendar year 1989 and thereafter, a district's maximum levy percentage shall be determined as follows:

(a) Multiply the district's maximum levy percentage for the prior year or thirty percent, whichever is less, by the district's levy base as determined in subsection (4) of this section;

(d) The percentage in (c) of this subsection or twenty percent, whichever is greater, shall be the district's maximum levy percentage for levies collected in that calendar year.

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

(8) For the purposes of this section, "prior school year" shall mean the most recent school year completed prior to the year in which the levies are to be collected.

(9) For the purposes of this section, "current school year" shall mean the year immediately following the prior school year.

(10) The superintendent of public instruction shall develop rules and regulations and inform school districts of the pertinent data necessary to carry out the provisions of this section."

"NEW SECTION. Sec. 1405. Sections 201 through 204 of this act are each added to chapter 28A.240 RCW."

"NEW SECTION. Sec. 1406. Sections 402 through 414 of this act are each added to chapter 28A.630 RCW."

"NEW SECTION. Sec. 1407. Sections 604 through 608 of this act are each added to chapter 28A.400 RCW."

"NEW SECTION. Sec. 1408. Sections 609 through 611 of this act are each added to chapter 28A.410 RCW."

"NEW SECTION. Sec. 1409. Sections 702 through 710 of this act are each added to chapter 28A.600 RCW."

"NEW SECTION. Sec. 1410. Sections 802 through 812, 901 through 906, and 1001 through 1005 of this act are each added to chapter 28A.630 RCW."

"NEW SECTION. Sec. 1411. Sections 816 through 820 of this act shall constitute a new chapter in Title 28C RCW."

"NEW SECTION. Sec. 1412. Section 105 of this act shall take effect September 1, 1992."

"NEW SECTION. Sec. 1413. Section 504 of this act shall take effect October 1, 1997."

"NEW SECTION. Sec. 1414. Sections 301, 302, 401 through 414, 501 through 503, 601 through 603, 701 through 710, 802 through 822, 901 through 905, 1001 through 1005, 1201, and 1202 of this act are necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and shall take effect immediately."

"NEW SECTION. Sec. 1415. Sections 401 through 414 of this act shall expire December 31, 1998."

"NEW SECTION. Sec. 1416. Sections 601 through 603 of this act shall expire December 31, 1991."

"NEW SECTION. Sec. 1417. If specific funding for the purposes of sections 401 through 414 of this act, referencing this act by bill and section numbers, is not provided by June 30, 1991, in the omnibus appropriations act, sections 401 through 414 of this act shall be null and void."

"NEW SECTION. Sec. 1418. If specific funding for the purposes of sections 601 through 603 of this act, referencing this act by bill and section numbers, is not provided by June 30, 1991, in the omnibus appropriations act, sections 601 through 603 of this act shall be null and void."

"NEW SECTION. Sec. 1419. If specific funding for the purposes of sections 604 through 608 of this act, referencing this act by bill and section numbers, is not provided by June 30, 1991, in the omnibus appropriations act, sections 604 through 608 of this act shall be null and void."

"NEW SECTION. Sec. 1420. If specific funding for the purposes of sections 701 through 710 of this act, referencing this act by bill and section numbers, is not provided by June 30, 1991, in the omnibus appropriations act, sections 701 through 710 of this act shall be null and void."

"NEW SECTION. Sec. 1421. If specific funding for the purposes of sections 801 through 821 of this act, referencing this act by bill and section numbers, is not provided by June 30, 1991, in the omnibus appropriations act, sections 801 through 821 of this act shall be null and void."

"NEW SECTION. Sec. 1422. If specific funding for the purposes of sections 901 through 906 of this act, referencing this act by bill and section numbers, is not provided by June 30, 1991, in the omnibus appropriations act, sections 901 through 906 of this act shall be null and void."

"NEW SECTION. Sec. 1423. If specific funding for the purposes of sections 1001 through 1005 of this act, referencing this act by bill and section numbers, is not provided by June 30, 1991, in the omnibus appropriations act, sections 1001 through 1005 of this act shall be null and void."

"NEW SECTION. Sec. 1424. If specific funding for the purposes of section 1301 of this act, referencing this act by bill and section number, is not provided by June 30, 1991, in the omnibus appropriations act, section 1301 of this act shall be null and void."

"NEW SECTION. Sec. 1425. If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected."

ESHB 1023 - S COMM AMD

By Committee on Education

Adopted as Amended 4/18/91 - Voice Vote

On page 1, line 1 of the title, after "performance;" strike the remainder of the title and insert "amending RCW 28A.605.020, 28A.150.040, 28A.150.230, 28A.225.220, 28A.230.190, 28A.230.230, 28A.230.240, 28A.410.030, 28A.405.220, 28A.410.040, 28A.410.050, 28B.80.350, 28A.230.100, 41.59.020, 41.56.030, 84.52.053, and 84.52.0531; adding a new section to chapter 28A.615 RCW; adding new sections to chapter 28A.320 RCW; adding new sections to chapter 28A.240 RCW; adding new sections to chapter 28A.300 RCW; adding new sections to chapter 28A.230 RCW; adding new sections to chapter 28A.400 RCW; adding new sections to chapter 28A.410 RCW; adding new sections to chapter 28A.600 RCW; adding new sections to chapter 28A.630 RCW; adding new sections to chapter 28B.80 RCW; adding a new section to chapter 28B.50 RCW; adding a new section to chapter 28A.150 RCW; adding a new section to chapter 28B.10 RCW; adding a new chapter to Title 28C RCW; creating new sections; providing effective dates; providing expiration dates; and declaring an emergency."