H-0634.3 _______________________________________________
HOUSE BILL 2001
_______________________________________________
State of Washington 52nd Legislature 1991 Regular Session
By Representatives Holland, Peery, Forner, Winsley, Broback, Brough, Miller, Mitchell, Brumsickle and Rasmussen.
Read first time February 18, 1991. Referred to Committee on Education\Appropriations.
AN ACT Relating to educational programs and funding for juveniles in detention facilities; amending RCW 28A.190.010, 28A.190.030, and 28A.190.050; and adding a new section to chapter 28A.150 RCW.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
Sec. 1. RCW 28A.190.010 and 1990 c 33 s 170 are each amended to read as follows:
A
program of education shall be provided for by the department of social and
health services ((and)), the ((several)) office of the
superintendent of public instruction, and those school districts of the
state that have entered into contracts with the department of social and
health services and the office of the superintendent of public instruction
for common school age persons who have been admitted to facilities staffed and
maintained by the department of social and health services for the education
and treatment of juveniles who have been diverted or who have been found to
have committed a juvenile offense. The division of duties, authority, and
liabilities of the department of social and health services, the office of
the superintendent of public instruction, and the several school districts
of the state respecting the educational programs shall be the same in all
respects as set forth in RCW 28A.190.030 through 28A.190.060 respecting
programs of education for state residential school residents. For the purposes
of this section, the term "residential school" or "schools"
as used in RCW 28A.190.030 through 28A.190.060 shall be construed to mean a
facility staffed and maintained by the department of social and health services
for the education and treatment of juvenile offenders on probation or parole.
Nothing in this section shall prohibit a school district from utilizing the
services of an educational service district subject to RCW 28A.310.180.
Sec. 2. RCW 28A.190.030 and 1990 c 33 s 172 are each amended to read as follows:
((Each
school district within which there is located a residential school shall,
singly or in concert with another school district pursuant to RCW 28A.335.160
and 28A.225.250 or pursuant to chapter 39.34 RCW,)) The department of
social and health services and the office of the superintendent of public
instruction shall contract with one or more school districts to conduct a
program of education, including related student activities, for residents of
the residential schools. Two or more school districts may act
jointly under RCW 28A.335.160 and 28A.225.250 or under chapter 39.34 RCW.
Except as otherwise provided for by contract pursuant to RCW 28A.190.050, the
duties and authority of a school district and its employees to conduct such a
program shall ((be limited to)) include the following:
(1) The employment, supervision and control of administrators, teachers, specialized personnel and other persons, deemed necessary by the school district for the conduct of the program of education;
(2) The purchase, lease or rental and provision of textbooks, maps, audio-visual equipment, paper, writing instruments, physical education equipment and other instructional equipment, materials and supplies, deemed necessary by the school district for the conduct of the program of education;
(3) The development and implementation, in consultation with the superintendent or chief administrator of the residential school or his or her designee, of the curriculum;
(4) The conduct of a program of education, including related student activities, for residents who are three years of age and less than twenty-one years of age, and have not met high school graduation requirements as now or hereafter established by the state board of education and the school district which includes:
(a)
Not less than ((one)) two hundred ((and eighty)) forty
school days each school year;
(b) Special education pursuant to RCW 28A.155.010 through 28A.155.100, and vocational education, as necessary to address the unique needs and limitations of residents; and
(c) Such courses of instruction and school related student activities as are provided by the school district for nonresidential school students to the extent it is practical and judged appropriate for the residents by the school district after consultation with the superintendent or chief administrator of the residential school: PROVIDED, That a preschool special education program may be provided for handicapped residential school students;
(5) The control of students while participating in a program of education conducted pursuant to this section and the discipline, suspension or expulsion of students for violation of reasonable rules of conduct adopted by the school district; and
(6) The expenditure of funds for the direct and indirect costs of maintaining and operating the program of education that are appropriated by the legislature and allocated by the superintendent of public instruction for the exclusive purpose of maintaining and operating residential school programs of education, and funds from federal and private grants, bequests and gifts made for the purpose of maintaining and operating the program of education.
Sec. 3. RCW 28A.190.050 and 1990 c 33 s 174 are each amended to read as follows:
Each
school district required to conduct a program of education pursuant to RCW
28A.190.030, ((and)) the department of social and health services,
and the office of the superintendent of public instruction shall hereafter
negotiate and execute a written contract for each school year or such longer
period as may be agreed to which delineates the manner in which their respective
duties and authority will be cooperatively performed and exercised, and any
disputes and grievances resolved. Any such contract may provide for the
performance of duties by a school district in addition to those set forth in
RCW 28A.190.030 (1) through (5), including duties imposed upon the department
of social and health services and its agents pursuant to RCW 28A.190.040:
PROVIDED, That funds identified in RCW 28A.190.030(6) and/or funds provided by
the department of social and health services are available to fully pay the
direct and indirect costs of such additional duties and the district is
otherwise authorized by law to perform such duties in connection with the
maintenance and operation of a school district.
NEW SECTION. Sec. 4. A new section is added to chapter 28A.150 RCW to read as follows:
(1) The basic education allocation for each annual average full-time equivalent student in a residential school as defined in RCW 28A.190.020 shall be 2.15 times greater than the teacher-student funding ratio set by the legislature for other schools serving students in grades four through twelve.
(2) In addition to the basic education allocation set forth in subsection (1) of this section, the office of the superintendent of public instruction shall contribute to the educational program at the residential schools, a sum of money equal to the dollars per student raised in the local tax levy by the school district conducting a program of education under RCW 28A.190.030.
(3) Each school district required to conduct a program of education under RCW 28A.190.030 shall take all necessary action to designate students in need of special education and to obtain all available funding for special education.
(4) Each school district required to conduct a program of education under RCW 28A.190.030 is entitled to receive and shall take all necessary action to receive for the benefit of the residential schools, any specialized funding available, including but not limited to funding for transitional bilingual programs, gifted programs, the learning assistance programs, and block grants.