2546-S

2546-S.E AMS ED S4246.1

ESHB 2546 - S COMM AMD

By Committee on Education

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

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

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

(d) Increasing the broad powers and accountability of school boards; and

(e) Establishing a state-level panel to monitor and report on the progress of educational reform and restructuring efforts throughout the state."

"PART I

ENHANCING THE TEACHING PROFESSION"

"Sec. 101. 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. 102. 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."

"Sec. 103. RCW 28A.410.030 and 1991 c 116 s 21 are each amended to read as follows:

(1) The state board of education shall require a ((uniform)) state ((admission)) entrance to practice examination ((for teacher certification candidates)). Commencing August 31, 1993, ((teacher certification)) candidates completing a teacher preparation program and applying for initial teacher certification shall be required by the state board of education to pass an ((admission)) entrance to practice examination before being granted an initial certificate.

(2) The examination shall include essay questions and test ((knowledge and competence in subjects including, but not limited to,)) the person's:

(a) Knowledge of subject matter; and

(b) Knowledge in instructional skills, classroom management, and student behavior and development. ((The examination shall consist primarily of essay questions.))

(3) The state board of education shall adopt such rules under chapter 34.05 RCW as may be necessary to implement this section. The state board rules shall include provisions for handling those cases in which a candidate for certification passes only one part of the examination under subsection (2) of this section."

"Sec. 104. 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."

"PART II

PARENT'S RIGHTS"

"Sec. 201. 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."

"Sec. 202. 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 schedule of days for students to attend school, as established by the school district board of directors under RCW 28A.150.040, shall not be a subject of collective bargaining.

(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. 203. RCW 41.56.030 and 1991 c 363 s 119 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 the schedule of days for students to attend school, as established by the school district board of directors under RCW 28A.150.040.

(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 with a population of seventy thousand or more, or (b) fire fighters as that term is defined in RCW 41.26.030, as now or hereafter amended."

"NEW SECTION. Sec. 204. A new section is added to chapter 28A.320 RCW to read as follows:

(1) The board of directors of each school district may exercise the following:

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

(i) Promote the education of kindergarten through twelfth grade students in the public schools; or

(ii) Promote the effective, efficient, or safe management and operation of the school district;

(b) Such powers as are expressly authorized by law; and

(2) Before adopting a policy under subsection (1)(a) of this section, the school district board of directors shall comply with the notice requirements of the open public meetings act, chapter 42.30 RCW, and shall in addition include in that notice a statement that sets forth or reasonably describes the proposed policy. The board of directors shall provide a reasonable opportunity for public written and oral comment and consideration of the comment by the board of directors."

"NEW SECTION. Sec. 205. A new section is added to chapter 28A.320 RCW to read as follows:

(1) 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, and shall send the report to newspapers of general circulation in the county in which the district is located.

(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 and administrators; a summary of student scores on college entrance examinations and on all state mandated tests; a concise annual budget report; the student drop-out, absenteeism, and graduation rates; and an invitation to citizens to participate in school activities. The published accountability report shall compare district, state, and national data whenever appropriate."

"Sec. 206. RCW 28A.150.230 and 1991 c 61 s 1 are each amended to read as follows:

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

(2) In conformance with the provisions of Title 28A RCW, as now or hereafter amended, it shall be the responsibility of each common school district board of directors to adopt policies to:

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

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

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

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

(e) Establish final curriculum standards consistent with law and rules and regulations of the state board of education, 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;

(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.))"

"PART III

STUDENT ASSESSMENT AND LEARNING OPPORTUNITIES"

"NEW SECTION. Sec. 301. A new section is added to chapter 28A.230 RCW to read as follows:

(1) If students' scores on the test or assessments under RCW 28A.230.190, 28A.230.230, and 28A.230.240 indicate that students need help in identified areas, the school district shall adjust the curriculum in the identified areas.

(2) Each school district shall notify the parents of each student of their child's performance on the test and assessments conducted under this chapter.

(3) The state board of education shall adopt rules establishing alternatives for special education students to receive a high school diploma."

"NEW SECTION. Sec. 302. A new section is added to chapter 28A.230 RCW to read as follows:

(1) If specific funds are appropriated therefor, 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.

(2) If the annual assessment under subsection (1) of this section is prepared and implemented by October 1, 1998, no student may thereafter graduate from a high school in this state unless the student has successfully completed the assessment conducted under this section."

"Sec. 303. RCW 28A.230.090 and 1990 1st ex.s. c 9 s 301 are each amended to read as follows:

(1) The state board of education shall establish high school graduation requirements or equivalencies for students ((~~who commence the ninth grade subsequent to July 1, 1985, that meet or exceed the following:~~

~~SUBJECT CREDITS~~

~~English 3~~

~~Mathematics 2~~

~~Social Studies~~

~~United States history~~

~~and government 1~~

~~Washington state~~

~~history and government 1/2~~

~~Contemporary world~~

~~history, geography,~~

~~and problems 1~~

~~Science (1 credit~~

~~must be in~~

~~laboratory science) 2~~

~~Occupational Education 1~~

~~Physical Education 2~~

~~Electives 5 1/2~~

~~Total 18~~

~~(2) For the purposes of this section one credit is equivalent to one year of study.~~

(3) The Washington state history and government requirement may be fulfilled by students in grades seven or eight or both. Students who have completed the Washington state history and government requirement in grades seven or eight or both shall be considered to have fulfilled the Washington state history and government requirement.

(4) A candidate for graduation must have in addition earned a minimum of 18 credits including all required courses. These credits shall consist of the state requirements listed above and such additional requirements and electives as shall be established by each district)).

((~~(5)~~)) (2) In recognition of the statutory authority of the state board of education to establish and enforce minimum high school graduation requirements, the state board shall periodically reevaluate the graduation requirements and shall report such findings to the legislature in a timely manner as determined by the state board.

((~~(6)~~)) (3) Pursuant to any foreign language requirement established by the state board of education or a local school district, or both, for purposes of high school graduation, students who receive instruction in sign language shall be considered to have satisfied the state or local school district foreign language graduation requirement.

((~~(7)~~)) (4) If requested by the student and his or her family, a student who has completed high school courses ((~~while in seventh and eighth grade~~)) before attending high school shall be given high school credit which shall be applied to fulfilling high school graduation requirements if:

(a) The course was taken with high school students and the student has successfully passed by completing the same course requirements and examinations as the high school students enrolled in the class; or

(b) The course would qualify for high school credit, because the course is similar or equivalent to a course offered at a high school in the district as determined by the school district board of directors.

((~~(8)~~)) (5) Students who have taken and successfully completed high school courses under the circumstances in subsection ((~~(7)~~)) (4) of this section shall not be required to take an additional competency examination or perform any other additional assignment to receive credit. Subsection ((~~(7)~~)) (4) of this section shall also apply to students enrolled in high school on April 11, 1990, who took the courses ((~~while they were in seventh and eighth grade~~)) before attending high school."

"PART IV

EDUCATIONAL REFORM PROGRESS MONITORING"

"NEW SECTION. Sec. 401. A new section is added to chapter 28A.150 RCW to read as follows:

(1) The Washington educational progress oversight panel is hereby established. The purpose of the panel is to report annually to the legislature and the governor on the progress of educational restructuring efforts throughout the state. The report shall be delivered annually by January 10th and shall include:

(a) Information about legislative, executive, or state agency initiatives to support educational restructuring; and

(b) A compendium of:

(i) Educational restructuring efforts within each educational service district region of the state;

(ii) Activities and efforts of higher education institutions, including the community and technical colleges, in support of educational restructuring among the common schools of the state.

(2) The oversight panel shall be comprised of the following members:

(a) The superintendent of public instruction or the superintendent's designee;

(b) The president of the state board of education or the president's designee;

(d) The executive director of the state board for community and technical colleges or the director's designee;

(e) The executive director of the higher education coordinating board or the director's designee; and

(f) The executive director of the work force training and education coordinating board or the director's designee.

(3) Staffing and resources for the oversight panel shall be contributed by each of the agencies listed under subsection (2) of this section."

"PART V

MISCELLANEOUS"

"NEW SECTION. Sec. 501. Part headings as used in this act constitute no part of the law."

"NEW SECTION. Sec. 502. 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 2546 - S COMM AMD

By Committee on Education

On page 1, line 1 of the title, after "education;" strike the remainder of the title and insert "amending RCW 28A.410.040, 28A.410.050, 28A.410.030, 28A.405.220, 28A.150.040, 41.59.020, 41.56.030, 28A.150.230, and 28A.230.090; adding new sections to chapter 28A.320 RCW; adding new sections to chapter 28A.230 RCW; adding a new section to chapter 28A.150 RCW; and creating new sections."