Z-0933

AN ACT Relating to educational programs and funding for juveniles in detention facilities; adding new sections to chapter 28A.190 RCW; and creating new sections.

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

NEW SECTION. Sec. 1. The superintendent of public instruction has submitted to the 1991 legislature the interagency committee report of its study of institutional education programs. The findings and recommendations of the committee place emphasis in part upon the need for direction and coordination of juvenile corrections education programs within state, county, and other local correction facilities, as well as the need to ensure compliance with federal and state education of the handicapped programming and excess cost funding requirements. The purposes of this act are to:

(1) Advance the establishment of such direction and coordination by providing for the continuance of a similar interagency juvenile corrections education management advisory committee, and the joint development and adoption of standards by the superintendent of public instruction and the department of social and health services; and

(2) Assure that pending further study and revision of the method of funding corrections education programs, supplemental excess cost funding is available for the special education of students with handicapping conditions.

NEW SECTION. Sec. 2. The superintendent of public instruction and the secretary of the department of social and health services shall jointly appoint and maintain a juvenile corrections education management advisory committee. The membership of the committee shall consist of nine representatives of school districts conducting correctional education programs under RCW 13.04.145, 28A.190.010, and 28A.190.030, county detention centers, state institutions for juvenile offenders, group homes, learning centers, the governor's juvenile justice board, the department of social and health services, the superintendent of public instruction, and juvenile corrections administrators. The cost of maintaining the committee, including the cost of reimbursing committee members for lodging, per diem, and travel expenses under RCW 43.03.050 and 43.03.060, shall be split evenly between the superintendent of public instruction and department of social and health services or as otherwise provided for in a committee budget jointly adopted by the two agencies.

NEW SECTION. Sec. 3. The superintendent of public instruction and secretary of the department of social and health services shall jointly adopt bylaws governing the purposes and functioning of the juvenile corrections education management advisory committee appointed under section 2 of this act. The bylaws shall at a minimum provide for the committee's periodic development of recommendations respecting:

(1) The division and coordination of corrections education and support service responsibilities at and between the state and local levels;

(2) Data collection and reporting standards and processes;

(3) Facility and equipment standards;

(4) Funding standards and processes;

(5) Monitoring standards and processes for compliance and technical assistance purposes;

(6) Program standards; and

(7) Student screening and placement standards and processes.

NEW SECTION. Sec. 4. The superintendent of public instruction and the secretary of the department of social and health services may develop with the advice and assistance of the juvenile corrections education management advisory committee appointed under section 2 of this act and jointly adopt rules under chapter 34.05 RCW that establish:

(1) The division and means of coordinating the performance of duties between school districts, the department of social and health services, counties, and their agents under RCW 28A.190.030(4) and 28A.190.040 (6) and (7) respecting providing security against harm to education program staff and students, and the screening, identification of the handicapped education and other special program needs, and placement of students;

(2) Building and equipment standards including, but not limited to, classroom space and vocational instruction equipment and fixture standards governing performance of the duties of the department of social and health services, counties, and their agents under RCW 28A.190.040 (2) and (3);

(3) Data collection and reporting standards and processes including, but not limited to, student enrollment, student projection, and financial expenditure reporting standards and processes governing school districts, the department of social and health services, counties, and their agents;

(4) Monitoring standards and processes governing the exercise of oversight and the provision of technical assistance by the superintendent of public instruction and department of social and health services in order to ensure compliance with state and federal laws;

(5) Program standards including, but not limited to, curriculum, staffing level, staff qualification, and length of program standards governing the performance of duties by school districts under RCW 28A.190.030 (1), (3), and (4); and

(6) Student screening and assessment standards and procedures governing the performance of duties by school districts, the department of social and health services, counties, and their agents under RCW 28A.190.030(4) and 28A.190.040 (6) and (7).

NEW SECTION. Sec. 5. In addition to the allocation of moneys otherwise appropriated for institutional education purposes, the superintendent of public instruction shall allocate to school districts conducting juvenile corrections education programs under RCW 13.04.145, 28A.190.010, and 28A.190.030 supplemental excess cost funding in support of the special education of students with handicapping conditions. Such supplemental funding shall be allocated on a reimbursement basis for documented handicapped program direct excess costs from moneys appropriated for the support of school district handicapped education programs. The maximum amount allocable to each school shall be calculated by applying the formula authorized in the state operating appropriations act separately to a school district's juvenile corrections program handicapped student population, and shall not exceed the excess cost portion of the calculation.

NEW SECTION. Sec. 6. By December 15, 1992, the superintendent of public instruction and the secretary of the department of social and health services shall jointly develop and submit to the senate ways and means and education committees, and the house of representatives appropriations and education committees, a report of:

(1) The progress that has been accomplished in implementing sections 2, 3, and 4 of this act; and

(2) Recommendations respecting revisions in the funding of the corrections education basic education program and special needs programs that are supported by program and cost data.

NEW SECTION. Sec. 7. Sections 2 through 5 of this act are each added to chapter 28A.190 RCW.