H-0441.2/91 _______________________________________________
HOUSE BILL 1264
_______________________________________________
State of Washington 52nd Legislature 1991 Regular Session
By Representatives Peery, Brough, G. Fisher, Vance, Rasmussen, Brumsickle, Roland, Valle, Phillips, Cole, P. Johnson, Jones, Holland, Neher, Broback, Paris, Betrozoff and Basich.
Read first time January 25, 1991. Referred to Committee on Education.
AN ACT Relating to education; amending RCW 28A.335.180, 28A.300.040, 28A.300.060, 28A.155.140, 28A.305.190, 28A.230.020, 28A.230.060, 28A.230.100, 28A.230.130, 28A.150.260, 28A.305.130, 28A.335.040, 28A.335.120, 28A.400.030, 28A.405.460, 28A.330.100, 28A.405.400, 28A.405.450, 28A.410.020, 28A.410.030, 28A.600.060, 28A.600.070, 28A.170.100, and 28A.315.230; reenacting and amending RCW 28A.335.040; adding a new section to chapter 28A.405 RCW; and repealing RCW 28A.26.010, 28A.26.020, 28A.26.030, 28A.26.040, 28A.26.050, 28A.26.060, 28A.26.900, 28A.150.090, 28A.150.430, 28A.155.110, 28A.155.120, 28A.155.130, 28A.230.200, 28A.305.180, 28A.310.450, 28A.310.900, 28A.320.220, 28A.410.130, 28A.410.900, 28A.505.190, 28A.525.100, 28A.525.102, 28A.525.104, 28A.525.106, 28A.525.108, 28A.525.110, 28A.525.112, 28A.525.114, 28A.525.116, 28A.550.010, 28A.615.010, 28A.615.020, 28A.615.030, 28A.615.040, 28A.630.310, and 28A.630.340.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
Sec. 1. RCW 28A.335.180 and 1990 c 33 s 361 are each amended to read as follows:
Notwithstanding
any other provision of law, school districts, educational service districts, or
any other state or local governmental agency concerned with education, when
declaring texts and other books, equipment, materials or relocatable facilities
as surplus, shall, prior to other disposal thereof, serve notice in writing ((to
the office of the state superintendent of public instruction)) in a
newspaper of general circulation in the school district and to any public
school district or private school in Washington state annually requesting such
a notice, that the same is available for sale, rent, or lease to public school
districts or private schools, at depreciated cost or fair market value,
whichever is greater: PROVIDED, That students wishing to purchase texts
pursuant to RCW 28A.320.230(2) shall have priority as to such texts. Such
districts or agencies shall not otherwise sell, rent or lease such surplus
property to any person, firm, organization, or nongovernmental agency for at
least ((forty-five)) thirty days following ((the date
notification is mailed to the state superintendent of public instruction)) publication
of notice in a newspaper of general circulation in the school district.
Sec. 2. RCW 28A.300.040 and 1990 c 33 s 251 are each amended to read as follows:
In addition to any other powers and duties as provided by law, the powers and duties of the superintendent of public instruction shall be:
(1) To have supervision over all matters pertaining to the public schools of the state.
(2) To report to the governor and the legislature such information and data as may be required for the management and improvement of the schools.
(3) To prepare and have printed such forms, registers, courses of study, rules and regulations for the government of the common schools, questions prepared for the examination of persons as provided for in RCW 28A.305.130(9), and such other material and books as may be necessary for the discharge of the duties of teachers and officials charged with the administration of the laws relating to the common schools, and to distribute the same to educational service district superintendents.
(4) To travel, without neglecting his or her other official duties as superintendent of public instruction, for the purpose of attending educational meetings or conventions, of visiting schools, of consulting educational service district superintendents or other school officials.
(5) To prepare and from time to time to revise a manual of the Washington state common school code, copies of which shall be provided in such numbers as determined by the superintendent of public instruction at no cost to those public agencies within the common school system and which shall be sold at approximate actual cost of publication and distribution per volume to all other public and nonpublic agencies or individuals, said manual to contain Titles 28A and 28C RCW, rules and regulations related to the common schools, and such other matter as the state superintendent or the state board of education shall determine. Proceeds of the sale of such code shall be transmitted to the public printer who shall credit the state superintendent's account within the state printing plant revolving fund by a like amount.
(6) To act as ex officio member and the chief executive officer of the state board of education.
(7) ((To
hold, annually, a convention of the educational service district
superintendents of the state at such time and place as he or she may deem
convenient, for the discussion of questions pertaining to supervision and the
administration of the school laws and such other subjects affecting the welfare
and interests of the common schools as may be brought before it. Said
convention shall continue in session at the option of the superintendent of
public instruction. It shall be the duty of every educational service district
superintendent in this state to attend said convention during its entire
session, and any educational service district superintendent who attends the
convention shall be reimbursed for traveling and subsistence expenses as
provided in RCW 28A.310.320 in attending said convention.
(8))) To file
all papers, reports and public documents transmitted to the superintendent by
the school officials of the several counties or districts of the state, each
year separately. Copies of all papers filed in the superintendent's office,
and the superintendent's official acts, may, or upon request, shall be
certified by the superintendent and attested by the superintendent's official
seal, and when so certified shall be evidence of the papers or acts so
certified to.
(((9)))
(8) To require annually, on or before the 15th day of August, of the
president, manager, or principal of every educational institution in this
state, a report ((of such facts arranged in such manner as the superintendent
may prescribe, and the superintendent shall furnish forms for such reports))
as required by the superintendent of public instruction; and it is ((hereby
made)) the duty of every president, manager or principal, to complete and
return such forms within such time as the superintendent of public instruction
shall direct.
(((10)))
(9) To keep in the superintendent's office a record of all teachers
receiving certificates to teach in the common schools of this state.
(((11)))
(10) To issue certificates as provided by law.
(((12)))
(11) To keep in the superintendent's office at the capital of the state,
all books and papers pertaining to the business of the superintendent's office,
and to keep and preserve in the superintendent's office a complete record of
statistics, as well as a record of the meetings of the state board of
education.
(((13)))
(12) With the assistance of the office of the attorney general, to
decide all points of law which may be submitted to the superintendent in
writing by any educational service district superintendent, or that may be
submitted to the superintendent by any other person, upon appeal from the
decision of any educational service district superintendent; and the
superintendent shall publish his or her rulings and decisions from time to time
for the information of school officials and teachers; and the superintendent's
decision shall be final unless set aside by a court of competent jurisdiction.
(((14)))
(13) To administer oaths and affirmations in the discharge of the
superintendent's official duties.
(((15)))
(14) To deliver to his or her successor, at the expiration of the
superintendent's term of office, all records, books, maps, documents and papers
of whatever kind belonging to the superintendent's office or which may have
been received by the superintendent's for the use of the superintendent's
office.
(((16)))
(15) To perform such other duties as may be required by law.
Sec. 3. RCW 28A.300.060 and 1990 c 33 s 253 are each amended to read as follows:
((The
legislature finds that the administration costs of school districts are not
sufficiently known to permit sound financial planning by those affected by such
costs. Accordingly, the legislature hereby authorize and directs)) The
superintendent of public instruction and the state auditor jointly, and in
cooperation with the senate and house committees on education, ((to)) shall
conduct appropriate studies and adopt classifications or revised
classifications under RCW 28A.505.100, defining what expenditures shall be
charged to each budget class including administration. ((Such)) The
studies and classifications shall be published in the form of a manual or
revised manual, suitable for use by the governing bodies of school districts,
by the superintendent of public instruction, and by the legislature.
Sec. 4. RCW 28A.155.140 and 1990 c 33 s 131 are each amended to read as follows:
((By
July 1, 1989, the superintendent of public instruction shall complete a study
and, as may be necessary, adopt rules providing for the appropriate use of
curriculum-based assessment procedures as a component of assessment procedures
provided by RCW 28A.155.010 through 28A.155.100.)) School districts may
use curriculum-based assessment procedures as measures for developing academic
early intervention programs and curriculum planning: PROVIDED, That the use of
curriculum-based assessment procedures shall not deny a student the right to an
assessment to determine eligibility or participation in learning disabilities
programs as provided by RCW 28A.155.010 through 28A.155.100.
Sec. 5. RCW 28A.305.190 and 1973 c 51 s 2 are each amended to read as follows:
The
state board of education shall adopt rules and regulations governing the
conditions by and under which a certificate of educational competence may be
issued to a person nineteen years of age or older, ((and)) or to
a child fifteen years of age and under nineteen years of age ((when such a))
if the child ((can evidence)) provides a substantial and
warranted reason for leaving the regular high school education program, or
if the child was home-schooled.
Sec. 6. RCW 28A.230.020 and 1988 c 206 s 403 are each amended to read as follows:
All
common schools shall give instruction in reading, penmanship, orthography,
written and mental arithmetic, geography, the history of the United States,
English grammar, physiology and hygiene with special reference to the effects
of ((alcoholic stimulants and narcotics)) alcohol and drug abuse
on the human system, science with special reference to the environment, and
such other studies as may be prescribed by rule or regulation of the state
board of education. All teachers shall stress the importance of the
cultivation of manners, the fundamental principles of honesty, honor, industry
and economy, the minimum requisites for good health including the beneficial effect
of physical exercise and methods to prevent exposure to and transmission of
sexually transmitted diseases, and the worth of kindness to all living
creatures and the land. The prevention of child abuse may be offered as part
of the curriculum in the common schools.
Sec. 7. RCW 28A.230.060 and 1969 ex.s. c 57 s 2 are each amended to read as follows:
((To
promote good citizenship and a greater interest in and better understanding of
our national and state institutions and system of government, the state board
of education shall prescribe a one-year course of study in the history and
government of the United States, and the equivalent of a one-semester course of
study in the state of Washington's history and government. No person shall be
graduated from high school without completing such courses of study: PROVIDED,
That)) Students in the twelfth grade who have not completed ((such))
a course of study in Washington's history and state government because of
previous residence outside the state may have the ((foregoing))
requirement in RCW 28A.230.090 waived by their principal.
Sec. 8. 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 RCW 28A.230.090. ((Such))
The 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. In developing such rules the state board shall recognize the
relevance of vocational and applied courses and allow such courses to fulfill
in whole or in part the courses required for graduation in RCW 28A.230.090. ((Such))
The rules may include provisions for competency testing in lieu of such
courses required for graduation in RCW 28A.230.090 or demonstration of
specific skill proficiency or understanding of concepts through work or
experience.
Sec. 9. RCW 28A.230.130 and 1988 c 172 s 2 are each amended to read as follows:
(1)
All public high schools of the state shall provide a program, directly or ((otherwise))
in cooperation with a community college or another school district, for
students whose educational plans include application for entrance to a
baccalaureate-granting institution after being granted a high school diploma.
The program shall help these students to meet at least the minimum entrance
requirements under RCW 28B.10.050.
(2)
The state board of education, upon request from local school districts, ((shall
be authorized to)) may grant temporary exemptions from ((providing))
the requirements to provide the program described in subsection (1) of
this section for reasons relating to school district size and the
availability of staff authorized to teach subjects which must be provided.
Sec. 10. RCW 28A.150.260 and 1990 c 33 s 108 are each amended to read as follows:
The basic education allocation for each annual average full time equivalent student shall be determined in accordance with the following procedures:
(1) The governor shall and the superintendent of public instruction may recommend to the legislature a formula based on a ratio of students to staff for the distribution of a basic education allocation for each annual average full time equivalent student enrolled in a common school. The distribution formula shall have the primary objective of equalizing educational opportunities and shall provide appropriate recognition of the following costs among the various districts within the state:
(a) Certificated instructional staff and their related costs;
(b) Certificated administrative staff and their related costs;
(c) Classified staff and their related costs;
(d) Nonsalary costs;
(e) Extraordinary costs of remote and necessary schools and small high schools, including costs of additional certificated and classified staff; and
(f) The attendance of students pursuant to RCW 28A.335.160 and 28A.225.250 who do not reside within the servicing school district.
(2)(a) This formula for distribution of basic education funds shall be reviewed biennially by the superintendent and governor. The recommended formula shall be subject to approval, amendment or rejection by the legislature. The formula shall be for allocation purposes only. While the legislature intends that the allocations for additional instructional staff be used to increase the ratio of such staff to students, nothing in this section shall require districts to reduce the number of administrative staff below existing levels.
(b) ((The
formula adopted by the legislature for the 1987-88 school year shall reflect
the following ratios at a minimum: (i) Forty-eight certificated instructional
staff to one thousand annual average full time equivalent students enrolled in
grades kindergarten through three; (ii) forty-six certificated instructional
staff to one thousand annual average full time equivalent students enrolled in
grades four through twelve; (iii) four certificated administrative staff to one
thousand annual average full time equivalent students enrolled in grades
kindergarten through twelve; and (iv) sixteen and sixty-seven one-hundredths
classified personnel to one thousand annual average full time equivalent
students enrolled in grades kindergarten through twelve.
(c)))
Commencing with the 1988-89 school year, the formula adopted by the legislature
shall reflect the following ratios at a minimum: (i) Forty-nine certificated
instructional staff to one thousand annual average full time equivalent
students enrolled in grades kindergarten through three; (ii) forty-six
certificated instructional staff to one thousand annual average full time
equivalent students in grades four through twelve; (iii) four certificated
administrative staff to one thousand annual average full time equivalent
students in grades kindergarten through twelve; and (iv) sixteen and
sixty-seven one-hundredths classified personnel to one thousand annual average
full time equivalent students enrolled in grades kindergarten through twelve.
(((d)))
(c) In the event the legislature rejects the distribution formula
recommended by the governor, without adopting a new distribution formula, the
distribution formula for the previous school year shall remain in effect:
PROVIDED, That the distribution formula developed pursuant to this section
shall be for state apportionment and equalization purposes only and shall not
be construed as mandating specific operational functions of local school
districts other than those program requirements identified in RCW 28A.150.220
and 28A.150.100. The enrollment of any district shall be the annual average
number of full time equivalent students and part time students as provided in
RCW 28A.150.350, enrolled on the first school day of each month and shall
exclude full time equivalent handicapped students recognized for the purposes
of allocation of state funds for programs under RCW 28A.155.010 through
28A.155.100. The definition of full time equivalent student shall be
determined by rules and regulations of the superintendent of public
instruction: PROVIDED, That the definition shall be included as part of the
superintendent's biennial budget request: PROVIDED, FURTHER, That any revision
of the present definition shall not take effect until approved by the house
appropriations committee and the senate ways and means committee: PROVIDED,
FURTHER, That the office of financial management shall make a monthly review of
the superintendent's reported full time equivalent students in the common
schools in conjunction with RCW 43.62.050.
(3) (a) Certificated instructional staff shall include those persons employed by a school district who are nonsupervisory employees within the meaning of RCW 41.59.020(8): PROVIDED, That in exceptional cases, people of unusual competence but without certification may teach students so long as a certificated person exercises general supervision: PROVIDED, FURTHER, That the hiring of such noncertificated people shall not occur during a labor dispute and such noncertificated people shall not be hired to replace certificated employees during a labor dispute.
(b) Certificated administrative staff shall include all those persons who are chief executive officers, chief administrative officers, confidential employees, supervisors, principals, or assistant principals within the meaning of RCW 41.59.020(4).
(4) Each annual average full time equivalent certificated classroom teacher's direct classroom contact hours shall average at least twenty-five hours per week. Direct classroom contact hours shall be exclusive of time required to be spent for preparation, conferences, or any other nonclassroom instruction duties. Up to two hundred minutes per week may be deducted from the twenty-five contact hour requirement, at the discretion of the school district board of directors, to accommodate authorized teacher/parent-guardian conferences, recess, passing time between classes, and informal instructional activity. Implementing rules to be adopted by the state board of education pursuant to RCW 28A.150.220(6) shall provide that compliance with the direct contact hour requirement shall be based upon teachers' normally assigned weekly instructional schedules, as assigned by the district administration. Additional record-keeping by classroom teachers as a means of accounting for contact hours shall not be required. However, upon request from the board of directors of any school district, the provisions relating to direct classroom contact hours for individual teachers in that district may be waived by the state board of education if the waiver is necessary to implement a locally approved plan for educational excellence and the waiver is limited to those individual teachers approved in the local plan for educational excellence. The state board of education shall develop criteria to evaluate the need for the waiver. Granting of the waiver shall depend upon verification that: (a) The students' classroom instructional time will not be reduced; and (b) the teacher's expertise is critical to the success of the local plan for excellence.
Sec. 11. RCW 28A.305.130 and 1990 c 33 s 266 are each amended to read as follows:
In addition to any other powers and duties as provided by law, the state board of education shall:
(1) Approve or disapprove the program of courses leading to teacher, school administrator, and school specialized personnel certification offered by all institutions of higher education within the state which may be accredited and whose graduates may become entitled to receive such certification.
(2) Conduct every five years a review of the program approval standards, including the minimum standards for teachers, administrators, and educational staff associates, to reflect research findings and assure continued improvement of preparation programs for teachers, administrators, and educational staff associates.
(3) Investigate the character of the work required to be performed as a condition of entrance to and graduation from any institution of higher education in this state relative to such certification as provided for in subsection (1) above, and prepare a list of accredited institutions of higher education of this and other states whose graduates may be awarded such certificates.
(4)(a) The state board of education shall adopt rules to allow a teacher certification candidate to fulfill, in part, teacher preparation program requirements through work experience as a noncertificated teacher's aide in a public school or private school meeting the requirements of RCW 28A.195.010. The rules shall include, but are not limited to, limitations based upon the recency of the teacher preparation candidate's teacher aide work experience, and limitations based on the amount of work experience that may apply toward teacher preparation program requirements under this chapter.
(b) The state board of education shall require that at the time of the individual's enrollment in a teacher preparation program, the supervising teacher and the building principal shall jointly provide to the teacher preparation program of the higher education institution at which the teacher candidate is enrolled, a written assessment of the performance of the teacher candidate. The assessment shall contain such information as determined by the state board of education and shall include: Evidence that at least fifty percent of the candidate's work as a noncertificated teacher's aide was involved in instructional activities with children under the supervision of a certificated teacher and that the candidate worked a minimum of six hundred thirty hours for one school year; the type of work performed by the candidate; and a recommendation of whether the candidate's work experience as a noncertificated teacher's aide should be substituted for teacher preparation program requirements. In compliance with such rules as may be established by the state board of education under this section, the teacher preparation programs of the higher education institution where the candidate is enrolled shall make the final determination as to what teacher preparation program requirements may be fulfilled by teacher aide work experience.
(5) Supervise the issuance of such certificates as provided for in subsection (1) above and specify the types and kinds of certificates necessary for the several departments of the common schools by rule or regulation in accordance with RCW 28A.410.010.
(6) Accredit, subject to such accreditation standards and procedures as may be established by the state board of education, all schools that apply for accreditation, and approve, subject to the provisions of RCW 28A.195.010, private schools carrying out a program for any or all of the grades one through twelve: PROVIDED, That no public or private schools shall be placed upon the list of accredited schools so long as secret societies are knowingly allowed to exist among its students by school officials: PROVIDED FURTHER, That the state board may elect to require all or certain classifications of the public schools to conduct and participate in such pre-accreditation examination and evaluation processes as may now or hereafter be established by the board.
(7) Make rules and regulations governing the establishment in any existing nonhigh school district of any secondary program or any new grades in grades nine through twelve. Before any such program or any new grades are established the district must obtain prior approval of the state board.
(8) Prepare such outline of study for the common schools as the board shall deem necessary, and prescribe such rules for the general government of the common schools, as shall seek to secure regularity of attendance, prevent truancy, secure efficiency, and promote the true interest of the common schools.
(9) ((Prepare
with the assistance of the superintendent of public instruction a uniform
series of questions, with the proper answers thereto for use in the correcting
thereof, to be used in the examination of persons, as this code may direct, and
prescribe rules and regulations for conducting any such examinations.
(10)))
Continuously reevaluate courses and adopt and enforce regulations within the
common schools so as to meet the educational needs of students and articulate
with the institutions of higher education and unify the work of the public
school system.
(((11)))
(10) Carry out board powers and duties relating to the organization and
reorganization of school districts under RCW 28A.315.010 through 28A.315.680
and 28A.315.900.
(((12)))
(11) By rule or regulation promulgated upon the advice of the director
of community development, through the director of fire protection, provide for
instruction of pupils in the public and private schools carrying out a K
through 12 program, or any part thereof, so that in case of sudden emergency
they shall be able to leave their particular school building in the shortest
possible time or take such other steps as the particular emergency demands, and
without confusion or panic; such rules and regulations shall be published and
distributed to certificated personnel throughout the state whose duties shall
include a familiarization therewith as well as the means of implementation
thereof at their particular school.
(((13)))
(12) Hear and decide appeals as otherwise provided by law.
The state board of education is given the authority to promulgate information and rules dealing with the prevention of child abuse for purposes of curriculum use in the common schools.
Sec. 12. RCW 28A.335.040 and 1990 c 96 s 1 & 1990 c 33 s 354 are each reenacted and amended to read as follows:
(1)
Every school district board of directors is authorized to permit the rental,
lease, or occasional use of all or any portion of any surplus real property
owned or lawfully held by the district to any person, corporation, or
government entity for profit or nonprofit, commercial or noncommercial
purposes: PROVIDED, That the leasing or renting or use of such property is for
a lawful purpose((, is in the best interest of the district,)) and does
not interfere with conduct of the district's educational program and related
activities: PROVIDED FURTHER, That the lease or rental agreement entered into
shall include provisions which permit the recapture of the leased or rented
surplus property of the district should such property be needed for school
purposes in the future except in such cases where, due to proximity to an
international airport, land use has been so permanently altered as to preclude
the possible use of the property for a school housing students and the school
property has been heavily impacted by surrounding land uses so that a school
housing students would no longer be appropriate in that area.
(2) Authorization to rent, lease or permit the occasional use of surplus school property under this section, RCW 28A.335.050 and 28A.335.090 is conditioned on the establishment by each school district board of directors of a policy governing the use of surplus school property.
(3)
The board of directors of any school district desiring to rent or lease any
surplus real property owned by the school district shall ((send)) publish
a written notice ((to the office of the state superintendent of public
instruction)) in a newspaper of general circulation in the school
district for rentals or leases totalling ten thousand dollars or more in value.
School districts shall not rent or lease the property for at least forty-five
days following the ((date notification is mailed to the state superintendent
of public instruction)) publication of the newspaper notice.
(4) Private schools shall have the same rights as any other person or entity to submit bids for the rental or lease of surplus real property and to have such bids considered along with all other bids: PROVIDED, That the school board may establish reasonable conditions for the use of such real property to assure the safe and proper operation of the property in a manner consistent with board policies.
Sec. 13. RCW 28A.335.120 and 1984 c 103 s 1 are each amended to read as follows:
(1) The board of directors of any school district of this state may:
(a) Sell for cash, at public or private sale, and convey by deed all interest of the district in or to any of the real property of the district which is no longer required for school purposes; and
(b) Purchase real property for the purpose of locating thereon and affixing thereto any house or houses and appurtenant buildings removed from school sites owned by the district and sell for cash, at public or private sale, and convey by deed all interest of the district in or to such acquired and improved real property.
(2) When the board of directors of any school district proposes a sale of school district real property pursuant to this section and the value of the property exceeds seventy thousand dollars, the board shall publish a notice of its intention to sell the property. The notice shall be published at least once each week during two consecutive weeks in a legal newspaper with a general circulation in the area in which the school district is located. The notice shall describe the property to be sold and designate the place where and the day and hour when a hearing will be held. The board shall hold a public hearing upon the proposal to dispose of the school district property at the place and the day and hour fixed in the notice and admit evidence offered for and against the propriety and advisability of the proposed sale.
(3)
The board of directors of any school district desiring to sell surplus real
property shall ((send written notice of that intent to the office of the
state superintendent of public instruction)) publish a notice in a
newspaper of general circulation in the school district. School districts
shall not sell the property for at least forty-five days following the ((date
notification is mailed to the state superintendent of public instruction)) publication
of the newspaper notice.
(4) Private schools shall have the same rights as any other person or entity to submit bids for the purchase of surplus real property and to have such bids considered along with all other bids.
(5) Any sale of school district real property authorized pursuant to this section shall be preceded by a market value appraisal by three licensed real estate brokers or professionally designated real estate appraisers as defined in RCW 74.46.020 selected by the board of directors and no sale shall take place if the sale price would be less than ninety percent of the average of the three appraisals made by the brokers or professionally designated real estate appraisers: PROVIDED, That if the property has been on the market for one year or more the property may be reappraised and sold for not less than seventy-five percent of the average reappraised value with the unanimous consent of the board.
(6) If in the judgment of the board of directors of any district the sale of real property of the district not needed for school purposes would be facilitated and greater value realized through use of the services of licensed real estate brokers, a contract for such services may be negotiated and concluded: PROVIDED, That the use of a licensed real estate broker will not eliminate the obligation of the board of directors to provide the notice described in this section: PROVIDED FURTHER, That the fee or commissions charged for any broker services shall not exceed seven percent of the resulting sale value for a single parcel: PROVIDED FURTHER, That any licensed real estate broker or professionally designated real estate appraisers as defined in RCW 74.46.020 selected by the board to appraise the market value of a parcel of property to be sold may not be a party to any contract with the school district to sell such parcel of property for a period of three years after the appraisal.
(7) If in the judgment of the board of directors of any district the sale of real property of the district not needed for school purposes would be facilitated and greater value realized through sale on contract terms, a real estate sales contract may be executed between the district and buyer: PROVIDED, That the terms and conditions of any such sales contract must comply with rules and regulations of the state board of education, herein authorized, governing school district real property contract sales.
Sec. 14. RCW 28A.400.030 and 1990 c 33 s 378 are each amended to read as follows:
In addition to such other duties as a district school board shall prescribe the school district superintendent shall:
(1) Attend all meetings of the board of directors and cause to have made a record as to the proceedings thereof.
(2) Keep such records and reports and in such form as the district board of directors require or as otherwise required by law or rule or regulation of higher administrative agencies and turn the same over to his or her successor.
(3) Keep accurate and detailed accounts of all receipts and expenditures of school money. At each annual school meeting the superintendent must present his or her record book of board proceedings for public inspection, and shall make a statement of the financial condition of the district and such record book must always be open for public inspection.
(4) ((Take
annually in May of each year a census of all persons between the ages of four
and twenty who were bona fide residents of the district on the first day of May
of that year. The superintendent shall designate the name and sex of each
child, and the date of its birth; the number of weeks it has attended school during
the school year, its post office address, and such other information as the
superintendent of public instruction shall desire. Parents or guardians may be
required to verify as to the correctness of this report. The superintendent
shall also list separately all persons with handicapping conditions between the
ages of three and twenty and give such information concerning them as may be
required by the superintendent of public instruction. The board of directors
may employ additional persons and compensate the same to aid the superintendent
in carrying out such census.
(5)
Make to the educational service district superintendent on or before the
fifteenth day of October his or her annual report verified by affidavit upon
forms to be furnished by the superintendent of public instruction. It shall
contain such items of information as said superintendent of public instruction
shall require, including the following: A full and complete report of all
children enumerated under subsection (4) of this section; the number of schools
or departments taught during the year; the number of children, male and female,
enrolled in the school, and the average daily attendance; the number of
teachers employed, and their compensation per month; the number of days school
was taught during the past school year, and by whom; and the number of volumes,
if any, in the school district library; the number of school houses in the
district, and the value of them; and the aggregate value of all school
furniture and apparatus belonging to the district. The superintendent shall
keep on file a duplicate copy of said report.
(6))) Give
such notice of all annual or special elections as otherwise required by law;
also give notice of the regular and special meetings of the board of directors.
(((7)))
(5) Sign all orders for warrants ordered to be issued by the board of
directors.
(((8)))
(6) Carry out all orders of the board of directors made at any regular
or special meeting.
Sec. 15. RCW 28A.405.460 and 1969 ex.s. c 223 s 28A.58.275 are each amended to read as follows:
All certificated employees of school districts shall be allowed a reasonable lunch period of not less than thirty continuous minutes per day during the regular school lunch periods and during which they shall have no assigned duties.
((Any
school district may employ noncertificated personnel to supervise school
children in noninstructional activities during regular school lunch periods.))
NEW SECTION. Sec. 16. A new section is added to chapter 28A.405 RCW to read as follows:
Any school district may employ noncertificated personnel to supervise school children in noninstructional activities, and in instructional activities while under the supervision of a certificated employee.
Sec. 17. RCW 28A.330.100 and 1990 c 33 s 348 are each amended to read as follows:
Every board of directors of a school district of the first class, in addition to the general powers for directors enumerated in this title, shall have the power:
(1) To employ for a term of not exceeding three years a superintendent of schools of the district, and for cause to dismiss him or her; and to fix his or her duties and compensation.
(2) To employ, and for cause dismiss one or more assistant superintendents and to define their duties and fix their compensation.
(3) To employ a business manager, attorneys, architects, inspectors of construction, superintendents of buildings and a superintendent of supplies, all of whom shall serve at the board's pleasure, and to prescribe their duties and fix their compensation.
(4) To employ, and for cause dismiss, supervisors of instruction and to define their duties and fix their compensation.
(5) To prescribe a course of study and a program of exercises which shall be consistent with the course of study prepared by the state board of education for the use of the common schools of this state.
(6) To, in addition to the minimum requirements imposed by this title establish and maintain such grades and departments, including night, high, kindergarten, vocational training and, except as otherwise provided by law, industrial schools, and schools and departments for the education and training of any class or classes of handicapped youth, as in the judgment of the board, best shall promote the interests of education in the district.
(7) To determine the length of time over and above one hundred eighty days that school shall be maintained: PROVIDED, That for purposes of apportionment no district shall be credited with more than one hundred and eighty-three days' attendance in any school year; and to fix the time for annual opening and closing of schools and for the daily dismissal of pupils before the regular time for closing schools.
(8) To maintain a shop and repair department, and to employ, and for cause dismiss, a foreman and the necessary help for the maintenance and conduct thereof.
(9) To
provide free textbooks and supplies for all children attending school((,
when so ordered by a vote of the electors; or if the free textbooks are not
voted by the electors, to provide books for children of indigent parents, on
the written statement of the city superintendent that the parents of such
children are not able to purchase them)).
(10) To require of the officers or employees of the district to give a bond for the honest performance of their duties in such penal sum as may be fixed by the board with good and sufficient surety, and to cause the premium for all bonds required of all such officers or employees to be paid by the district: PROVIDED, That the board may, by written policy, allow that such bonds may include a deductible proviso not to exceed two percent of the officer's or employee's annual salary.
(11) To prohibit all secret fraternities and sororities among the students in any of the schools of the said districts.
(12) To appoint a practicing physician, resident of the school district, who shall be known as the school district medical inspector, and whose duty it shall be to decide for the board of directors all questions of sanitation and health affecting the safety and welfare of the public schools of the district who shall serve at the board's pleasure; the school district medical inspector or authorized deputies shall make monthly inspections of each school in the district and report the condition of the same to the board of education and board of health: PROVIDED, That children shall not be required to submit to vaccination against the will of their parents or guardian.
Sec. 18. RCW 28A.405.400 and 1972 ex.s. c 39 s 1 are each amended to read as follows:
In
addition to other deductions permitted by law, any person authorized to
disburse funds in payment of salaries or wages ((of certificated)) to
employees of school districts, upon written request of at least ten percent of
the ((certificated)) employees, shall make deductions as they
authorize, subject to the limitations of district equipment or personnel. Any
person authorized to disburse funds shall not be required to make other
deductions for ((certificated)) employees if fewer than ten percent of
the ((certificated)) employees make the request for the same payee.
Moneys so deducted shall be paid or applied monthly by the school district for
the purposes specified by the employee. The employer may not derive any
financial benefit from such deductions. A deduction authorized before the
effective date of this section shall be subject to the law in effect at the
time the deduction was authorized.
Sec. 19. RCW 28A.405.450 and 1990 c 33 s 403 are each amended to read as follows:
The superintendent of public instruction shall adopt rules to establish and operate a teacher assistance program. For the purposes of this section, the terms "mentor teachers," "beginning teachers," and "experienced teachers" may include any person possessing any one of the various certificates issued by the superintendent of public instruction under RCW 28A.410.010. The program shall provide for:
(1) Assistance by mentor teachers who will provide a source of continuing and sustained support to beginning teachers, or experienced teachers, or both, both in and outside the classroom. A mentor teacher may not be involved in evaluations under RCW 28A.405.100 of a teacher who receives assistance from said mentor teacher under the teacher assistance program established under this section. The mentor teachers shall also periodically inform their principals respecting the contents of training sessions and other program activities;
(2) Stipends for mentor teachers and beginning teachers which shall not be deemed compensation for the purposes of salary lid compliance under RCW 28A.58.095: PROVIDED, That stipends shall not be subject to the continuing contract provisions of this title;
(3) Workshops for the training of mentor and beginning teachers;
(4) The use of substitutes to give mentor teachers, beginning teachers, and experienced teachers opportunities to jointly observe and evaluate teaching situations and to give mentor teachers opportunities to observe and assist beginning and experienced teachers in the classroom;
(5) Mentor teachers who are superior teachers based on their evaluations, pursuant to RCW 28A.405.010 through 28A.405.240, and who hold valid continuing certificates;
(6) Mentor teachers shall be selected by the district. If a bargaining unit, certified pursuant to RCW 41.59.090 exists within the district, classroom teachers representing the bargaining unit shall participate in the mentor teacher selection process; and
(7)
Periodic consultation by the superintendent of public instruction or the superintendent's
designee with representatives of educational organizations and associations,
including educational service districts and public and private institutions of
higher education, for the purposes of improving communication and cooperation
and program review((; and
(8)
A report to the legislature describing the results of the program to be
delivered not later than December 31, 1987)).
Sec. 20. RCW 28A.410.020 and 1988 c 251 s 4 are each amended to read as follows:
(1) No person may be admitted to a professional teacher preparation program within Washington state without first demonstrating that he or she is competent in the basic skills required for oral and written communication and computation. This requirement shall be waived for persons who have completed a baccalaureate degree; or graduate degree program; or who have completed two or more years of college level course work, demonstrated competency through college level course work and a written essay, and are over the age of twenty-one.
(2)
After June 30, 1989, no person shall be admitted to a teacher preparation
program who has a combined score of less than the state-wide median score for
the prior school year scored by all persons taking ((the Washington precollege
test or who has achieved an equivalent standard score on comparable portions of
other standardized)) tests of general achievement selected by the state
board of education. The state board of education shall develop criteria
and adopt rules for exemptions from this subsection.
(3) The state board of education shall adopt rules to implement this section.
Sec. 21. RCW 28A.410.030 and 1987 c 525 s 203 are each amended to read as follows:
The
state board of education shall require a uniform state ((exit)) admission
to practice examination for teacher certification candidates. Commencing
August 31, 1993, teacher certification candidates completing a teacher
preparation program shall be required to pass an ((exit)) admission
to practice examination before being granted an initial certificate. The
examination shall test knowledge and competence in subjects including, but not
limited to, instructional skills, classroom management, and student behavior
and development. The examination shall consist primarily of essay questions.
The state board of education shall adopt such rules as may be necessary to
implement this section.
Sec. 22. RCW 28A.600.060 and 1985 c 62 s 2 are each amended to read as follows:
((The
Washington state honors awards program shall include student achievement in
both verbal and quantitative areas, as measured by the Washington precollege
test)) The recipients of the Washington state honors awards shall be
selected based on student achievement in both verbal and quantitative areas, as
measured by a test or tests of general achievement selected by the
superintendent of public instruction, and shall include student performance
in the academic core areas of English, mathematics, science, social studies,
and foreign language. The performance level in such academic core subjects
shall be determined by grade point averages, numbers of credits earned, and
courses enrolled in during the beginning of the senior year.
Sec. 23. RCW 28A.600.070 and 1985 c 62 s 3 are each amended to read as follows:
The
superintendent of public instruction shall adopt rules for the establishment
and administration of the Washington state honors awards program. The rules
shall establish: (1) ((Minimum achievement scores)) The test or
tests of general achievement that are used to measure verbal and quantitative
achievement, (2) academic subject performance levels, (3) timelines for
participating school districts to notify students of the opportunity to
participate, (4) procedures for the administration of the program, and (5) the
procedures for providing the appropriate honors award designation.
Sec. 24. RCW 28A.170.100 and 1990 c 33 s 159 are each amended to read as follows:
(1)
School districts are encouraged to promote parent and community involvement in
drug and alcohol abuse prevention and intervention programs, through parent
visits under RCW 28A.605.020 and through any school involvement program
established by the district ((under RCW 28A.615.010 through 28A.615.050)).
(2) Districts are further encouraged to review drug and alcohol prevention and intervention programs as part of the self-study procedures required under RCW 28A.320.200 and as part of any annual goal-setting process the district may have established under RCW 28A.320.220.
Sec. 25. RCW 28A.315.230 and 1990 c 33 s 306 are each amended to read as follows:
Any
school district in the state having a student enrollment within the public
schools of such district of two thousand pupils or more, as shown by ((any
regular census as required under RCW 28A.400.030(4) or by any other))
evidence acceptable to the educational service district superintendent and the
superintendent of public instruction, shall be a school district of the first
class. Any other school district shall be a school district of the second
class.
Whenever the educational service district superintendent finds that the classification of a school district should be changed, and upon the approval of the superintendent of public instruction, he or she shall make an order in conformity with his or her findings and alter the records of his or her office accordingly. Thereafter the board of directors of the district shall organize in the manner provided by law for the organization of the board of a district of the class to which said district then belongs.
NEW SECTION. Sec. 26. The following acts or parts of acts are each repealed:
(1) RCW 28A.26.010 and 1979 c 4 s 1;
(2) RCW 28A.26.020 and 1979 c 4 s 2;
(3) RCW 28A.26.030 and 1979 c 4 s 3;
(4) RCW 28A.26.040 and 1979 c 4 s 4;
(5) RCW 28A.26.050 and 1979 c 4 s 5;
(6) RCW 28A.26.060 and 1979 c 4 s 6;
(7) RCW 28A.26.900 and 1979 c 4 s 8;
(8) RCW 28A.150.090 and 1969 ex.s. c 223 s 28A.01.110;
(9) RCW 28A.150.430 and 1990 c 33 s 119 & 1972 ex.s. c 146 s 2;
(10) RCW 28A.155.110 and 1990 c 33 s 129 & 1975 1st ex.s. c 78 s 1;
(11) RCW 28A.155.120 and 1985 c 341 s 2 & 1975 1st ex.s. c 78 s 2;
(12) RCW 28A.155.130 and 1990 c 33 s 130 & 1975 1st ex.s. c 78 s 3;
(13) RCW 28A.230.200 and 1984 c 278 s 10;
(14) RCW 28A.305.180 and 1985 c 341 s 3 & 1975 1st ex.s. c 127 s 1;
(15) RCW 28A.310.450 and 1975 1st ex.s. c 275 s 38 & 1974 ex.s. c 91 s 5;
(16) RCW 28A.310.900 and 1975 1st ex.s. c 275 s 155;
(17) RCW 28A.320.220 and 1984 c 278 s 1;
(18) RCW 28A.410.130 and 1969 ex.s. c 223 s 28A.87.020;
(19) RCW 28A.410.900 and 1987 c 525 s 218;
(20) RCW 28A.505.190 and 1975-'76 2nd ex.s. c 118 s 19;
(21) RCW 28A.525.100 and 1969 ex.s. c 223 s 28A.47.775;
(22) RCW 28A.525.102 and 1990 c 33 s 432 & 1969 ex.s. c 223 s 28A.47.776;
(23) RCW 28A.525.104 and 1990 c 33 s 433 & 1969 ex.s. c 223 s 28A.47.777;
(24) RCW 28A.525.106 and 1990 c 33 s 434 & 1969 ex.s. c 223 s 28A.47.778;
(25) RCW 28A.525.108 and 1990 c 33 s 435 & 1969 ex.s. c 223 s 28A.47.779;
(26) RCW 28A.525.110 and 1990 c 33 s 436 & 1969 ex.s. c 223 s 28A.47.780;
(27) RCW 28A.525.112 and 1990 c 33 s 437 & 1969 ex.s. c 223 s 28A.47.781;
(28) RCW 28A.525.114 and 1990 c 33 s 438 & 1969 ex.s. c 223 s 28A.47.782;
(29) RCW 28A.525.116 and 1990 c 33 s 439 & 1969 ex.s. c 223 s 28A.47.783;
(30) RCW 28A.550.010 and 1985 c 57 s 9 & 1969 ex.s. c 223 s 28A.46.010;
(31) RCW 28A.615.010 and 1987 c 518 s 301;
(32) RCW 28A.615.020 and 1990 c 33 s 508 & 1987 c 518 s 302;
(33) RCW 28A.615.030 and 1990 c 33 s 509 & 1987 c 518 s 303;
(34) RCW 28A.615.040 and 1987 c 518 s 304;
(35) RCW 28A.630.310 and 1990 c 33 s 533 & 1987 c 349 s 2; and