H-1832

AN ACT Relating to temporary waivers of requirements under chapter 28A.150 RCW; amending RCW 28A.150.290; creating a new section; providing an expiration date; and declaring an emergency.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

NEW SECTION. Sec. 1. The legislature finds that there currently is great interest in educational reform in all areas of educational services and that educational reform will be promoted by creating opportunities for teachers, administrators, and all other certificated and classified staff to meet together and share ideas and proposals for reform. The legislature further finds that due to adverse weather conditions in the winter of 1990-91, most schools in the state were closed for two or more days. Under current law, the school districts are required to make up for days of closure caused by adverse weather by adding school days at the end of the school year. The legislature finds that in the interest of promoting educational reform, it would be appropriate to provide an alternative during the 1990-91 school year by which the days of school closure can be made up, not by adding school days at the end of the school year which students are required to attend, but by allowing school districts to offer staff development programs regarding educational reform.

Sec. 2. RCW 28A.150.290 and 1990 c 33 s 111 are each amended to read as follows:

(1) The superintendent of public instruction shall have the power and duty to make such rules and regulations as are necessary for the proper administration of this chapter and RCW 28A.160.150 through 28A.160.220, 28A.300.170, and 28A.500.010 not inconsistent with the provisions thereof, and in addition to require such reports as may be necessary to carry out his or her duties under this chapter and RCW 28A.160.150 through 28A.160.220, 28A.300.170, and 28A.500.010.

(2) The superintendent of public instruction shall have the authority to make rules and regulations which establish the terms and conditions for allowing school districts to receive state basic education moneys as provided in RCW 28A.150.250 when said districts are unable to fulfill for one or more schools as officially scheduled the requirement of a full school year of one hundred eighty days or the total program hour offering, teacher contact hour, or course mix and percentage requirements imposed by RCW 28A.150.220 and 28A.150.260 due to one or more of the following conditions:

(a) An unforeseen natural event, including, but not necessarily limited to, a fire, flood, explosion, storm, earthquake, epidemic, or volcanic eruption that has the direct or indirect effect of rendering one or more school district facilities unsafe, unhealthy, inaccessible, or inoperable; and

(b) An unforeseen mechanical failure or an unforeseen action or inaction by one or more persons, including negligence and threats, that (i) is beyond the control of both a school district board of directors and its employees and (ii) has the direct or indirect effect of rendering one or more school district facilities unsafe, unhealthy, inaccessible, or inoperable. Such actions, inactions or mechanical failures may include, but are not necessarily limited to, arson, vandalism, riots, insurrections, bomb threats, bombings, delays in the scheduled completion of construction projects, and the discontinuance or disruption of utilities such as heating, lighting and water: PROVIDED, That an unforeseen action or inaction shall not include any labor dispute between a school district board of directors and any employee of the school district.

A condition is foreseeable for the purposes of this subsection to the extent a reasonably prudent person would have anticipated prior to August first of the preceding school year that the condition probably would occur during the ensuing school year because of the occurrence of an event or a circumstance which existed during such preceding school year or a prior school year. A board of directors of a school district is deemed for the purposes of this subsection to have knowledge of events and circumstances which are a matter of common knowledge within the school district and of those events and circumstances which can be discovered upon prudent inquiry or inspection.

(3) The superintendent of public instruction shall make every effort to reduce the amount of paperwork required in administration of this chapter and RCW 28A.160.150 through 28A.160.220, 28A.300.170, and 28A.500.010; to simplify the application, monitoring and evaluation processes used; to eliminate all duplicative requests for information from local school districts; and to make every effort to integrate and standardize information requests for other state education acts and federal aid to education acts administered by the superintendent of public instruction so as to reduce paperwork requirements and duplicative information requests.

(4) The superintendent of public instruction shall waive the requirements of a one hundred eighty day school year and reduce the amount of total program hour offerings and teacher contact hours required, for the 1990-91 school year only, for each school district that meets the following conditions:

(a) The reason the school district is unable to fulfill the school year, total program hour offering, and teacher contact hours requirement is due to school closure from adverse weather conditions, such as snow or freezing weather;

(b) The school district provides a one hundred seventy-eight day school year and an equivalent amount in total program hour offerings and teacher contact hours; and

(c) The school district submits to the superintendent of public instruction a plan regarding a staff development program relating to educational reform that all certificated and classified staff are required to attend. School districts have the discretion to provide the kind of educational reform program they believe is the most appropriate one for their district. The plan shall be submitted to the superintendent of public instruction before June 1, 1991, shall provide that the program will be offered for a time period equivalent to the time period of school closure up to a maximum of two days, and shall provide that the program will be offered to the certificated and classified staff before September 1, 1991. If the plans fulfill the conditions regarding the June 1, 1991, submittal deadline, the length of program, and the scheduling of the program before September 1, 1991, the plans are automatically sufficient and not subject to approval or nonapproval by the superintendent of public instruction.

NEW SECTION. Sec. 3. This act shall expire August 31, 1991.

NEW SECTION. Sec. 4. This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and shall take effect immediately.