H-3566.1          _______________________________________________

                                  HOUSE BILL 2320

                  _______________________________________________

State of Washington              52nd Legislature             1992 Regular Session

By Representatives Peery, Brough, Winsley and J. Kohl

Read first time 01/15/92.  Referred to Committee on Education.Changing the name of educational clinics to education centers.

     AN ACT Relating to nomenclature of educational clinics; amending RCW 28A.205.010, 28A.205.020, 28A.205.030, 28A.205.040, 28A.205.050, 28A.205.060, 28A.205.070, 28A.205.080, and 28A.205.090; and creating a new section.

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

NEW SECTION. Sec. 1.      The purpose of this act is to change the name of educational clinics to education centers.

     Sec. 2.  RCW 28A.205.010 and 1990 c 33 s 180 are each amended to read as follows:

     (1) As used in this chapter, unless the context thereof shall clearly indicate to the contrary:

     ((Educational clinic)) Education center means any private school operated on a profit or nonprofit basis which does the following:

     (a) Is devoted to the teaching of basic academic skills, including specific attention to improvement of student motivation for achieving, and employment orientation.

     (b) Operates on a clinical, client centered basis.  This shall include, but not be limited to, performing diagnosis of individual educational abilities, determination and setting of individual goals, prescribing and providing individual courses of instruction therefor, and evaluation of each individual client's progress in his or her educational program.

     (c) Conducts courses of instruction by professionally trained personnel certificated by the state board of education according to rules and regulations promulgated for the purposes of this chapter and providing, for certification purposes, that a year's teaching experience in an ((educational clinic)) education center shall be deemed equal to a year's teaching experience in a common or private school.

     (2) For purposes of this chapter, basic academic skills shall include the study of mathematics, speech, language, reading and composition, science, history, literature and political science or civics; it shall not include courses of a vocational training nature and shall not include courses deemed nonessential to the accrediting of the common schools or the approval of private schools under RCW 28A.305.130.

     (3) The state board of education shall certify an education ((clinic)) center only upon application and (a) determination that such school comes within the definition thereof as set forth in subsection (1) above and (b) demonstration on the basis of actual educational performance of such applicants' students which shows after consideration of their students' backgrounds, educational gains that are a direct result of the applicants' educational program.  Such certification may be withdrawn if the board finds that a ((clinic)) center fails to provide adequate instruction in basic academic skills.  No ((educational clinic)) education center certified by the state board of education pursuant to this section shall be deemed a common school under RCW 28A.150.020 or a private school for the purposes of RCW 28A.195.010 through 28A.195.050.

     Sec. 3.  RCW 28A.205.020 and 1990 c 33 s 181 are each amended to read as follows:

     Only eligible common school dropouts shall be enrolled in a certified ((educational clinic)) education center for reimbursement by the superintendent of public instruction as provided in RCW 28A.205.040.  No person shall be considered an eligible common school dropout who (1) has completed high school, (2) who has not reached his or her thirteenth birthday or has passed his or her twentieth birthday, or (3) shows proficiency beyond the high school level in a test approved by the superintendent of public instruction to be given as part of the initial diagnostic procedure, or (4) until one month has passed after he or she has dropped out of any common school and the ((educational clinic)) education center has received written verification from a school official of the common school last attended in this state that such person is no longer in attendance at such school, unless such ((clinic)) center has been requested to admit such person by written communication of the board of directors or its designee, of that common school, or unless such person is unable to attend a particular common school because of disciplinary reasons, including suspension and/or expulsion therefrom.  The fact that any person may be subject to RCW 28A.225.010 through 28A.225.150, 28A.200.010, and 28A.200.020 shall not affect his or her qualifications as an eligible common school dropout under this chapter.

     Sec. 4.  RCW 28A.205.030 and 1990 c 33 s 182 are each amended to read as follows:

     The superintendent of public instruction shall adopt, by rules, policies and procedures to permit a prior common school dropout to reenter at the grade level appropriate to such individual's ability:  PROVIDED, That such individual shall be placed with the class he or she would be in had he or she not dropped out and graduate with that class, if the student's ability so permits notwithstanding any loss of credits prior to reentry and if such student earns credits at the normal rate subsequent to reentry.

     Notwithstanding any other provision of law, any certified ((educational clinic)) education center student, upon completion of an individual student program and irrespective of age, shall be eligible to take the general educational development test as given throughout the state.

     Sec. 5.  RCW 28A.205.040 and 1990 c 33 s 183 are each amended to read as follows:

     From funds appropriated for that purpose, the superintendent of public instruction shall pay to a certified ((clinic)) center on a monthly basis for each student enrolled in compliance with RCW 28A.205.020, fees in accordance with the following conditions:

     (1)(a) The fee for the initial diagnostic procedure shall be not more than fifty dollars per student, and hourly fees for each student shall be sixteen dollars if the class size is no greater than one, ten dollars if the class size is at least two and no greater than five, and five dollars if the class size is at least six:  PROVIDED, That revisions in such fees proposed by an education ((clinic)) center shall become effective after thirty days notice unless the superintendent finds such a revision is unreasonable in which case the revision shall not take effect:  PROVIDED FURTHER, That an education ((clinic)) center may, within fifteen days after such a finding by the superintendent, file notification of appeal with the state board of education which shall, no later than its second regularly scheduled meeting following notification of such appeal, either grant or deny the proposed revision:  AND PROVIDED FURTHER, That the administration of any general education development test shall not be a part of such initial diagnostic procedure.

     (b) Reimbursements shall not be made for students who are absent.

     (c) No ((clinic)) center shall make any charge to any student, or the student's parent, guardian or custodian, for whom a fee is being received under the provisions of this section.

     (2) Payments shall be made from available funds first to those ((clinic(s))) centers which have in the judgment of the superintendent demonstrated superior performance based upon consideration of students' educational gains taking into account such students' backgrounds, and upon consideration of cost effectiveness.  In considering the cost effectiveness of nonprofit ((clinics)) centers the superintendent shall take into account not only payments made under this section but also factors such as tax exemptions, direct and indirect subsidies or any other cost to taxpayers at any level of government which result from such nonprofit status.

     (3) To be eligible for such payment, every such ((clinic)) center, without prior notice, shall permit a review of its accounting records by personnel of the state auditor during normal business hours.

     (4) If total funds for this purpose approach depletion, the superintendent shall notify the ((clinics)) centers of the date after which further funds for reimbursement of the ((clinics')) centers' services will be exhausted.

     Sec. 6.  RCW 28A.205.050 and 1990 c 33 s 184 are each amended to read as follows:

     In accordance with chapter 34.05 RCW, the administrative procedure act, the state board of education with respect to the matter of certification, and the superintendent of public instruction with respect to all other matters, shall have the power and duty to make the necessary rules and regulations to carry out the purpose and intent of this chapter.

     Criteria as promulgated by the state board of education or superintendent of public instruction for determining if any ((educational clinic)) education center is providing adequate instruction in basic academic skills or demonstrating superior performance in student educational gains for funding under RCW 28A.205.040 shall be subject to review by four members of the legislature, one from each caucus of each house, including the chairs of the respective education committees.

     Sec. 7.  RCW 28A.205.060 and 1985 c 434 s 2 are each amended to read as follows:

     The superintendent of public instruction shall prepare a report on ((educational clinics)) education centers that:

     (1) Identifies a funding level that is adequate to fund the enrollment served by ((educational clinics)) education centers during the previous fiscal year;

     (2) Identifies locales in the state which are served by ((educational clinics)) education centers but where demand for ((educational clinic)) education center services will support additional service, and recommends the funding level necessary to serve such demand;

     (3) Identifies locales in the state which are not served by ((educational clinics)) education centers but where demand will support operation of ((clinics)) centers, and recommends the funding level necessary to serve such demand; and

     (4) Identifies locales in the state that are either underserved or not served by existing public school programs for drop-outs or for drop-out prevention, but where demand will support such services and recommends the funding level necessary to serve such demand.

     The report shall be submitted to the legislature by January 1 in the year following June 27, 1985, and updates of the report shall be submitted with each biennial budget request until such time as funding levels reach the levels recommended in subsections (2) and (3) of this section.

     Sec. 8.  RCW 28A.205.070 and 1990 c 33 s 185 are each amended to read as follows:

     In allocating funds appropriated for ((educational clinics)) education centers, the superintendent of public instruction shall:

     (1) Place priority upon stability and adequacy of funding for ((educational clinics)) education centers that have demonstrated superior performance as defined in RCW 28A.205.040(2).

     (2) Initiate and maintain a competitive review process to select new or expanded ((clinic)) center programs in unserved or underserved areas.  The criteria for review of competitive proposals for new or expanded education ((clinic)) center services shall include but not be limited to:

     (a) The proposing organization shall have obtained certification from the state board of education as provided in RCW 28A.205.010;

     (b) The cost-effectiveness of the proposal ((as judged by the criteria established in RCW 28A.97.100(1) and (2))); and

     (c) The availability of committed nonstate funds to support, enrich, or otherwise enhance the basic program.

     (3) In selecting areas for new or expanded ((educational clinics)) education centers programs, the superintendent of public instruction shall consider factors including but not limited to:

     (a) The proportion and total number of dropouts unserved by existing ((clinics)) centers' programs, if any;

     (b) The availability within the geographic area of programs other than ((educational clinics)) education centers which address the basic educational needs of dropouts; and

     (c) Waiting lists or other evidence of demand for expanded ((educational clinic)) education center programs.

     (4) In the event of any curtailment of services resulting from lowered legislative appropriations, the superintendent of public instruction shall issue pro rata reductions to all ((clinics)) centers funded at the time of the lowered appropriation.  Individual ((clinics)) centers may be exempted from such pro rata reductions if the superintendent finds that such reductions would impair the ((clinic's)) center's ability to operate at minimally acceptable levels of service.  In the event of such exceptions, the superintendent shall determine an appropriate rate for reduction to permit the ((clinic)) center to continue operation.

     (5) In the event that an additional ((clinic)) center or ((clinics)) centers become certified and apply to the superintendent for funds to be allocated from a legislative appropriation which does not increase from the immediately preceding biennium, or does not increase sufficiently to allow such additional ((clinic)) center or ((clinics)) centers to operate at minimally acceptable levels of service without reducing the funds available to previously funded ((clinics)) centers, the superintendent shall not provide funding for such additional ((clinic)) center or ((clinics)) centers from such appropriation.

     Sec. 9.  RCW 28A.205.080 and 1990 c 33 s 186 are each amended to read as follows:

     The legislature recognizes that ((educational clinics)) education centers provide a necessary and effective service for students who have dropped out of common school programs.  ((Educational clinics)) Education centers have demonstrated success in preparing such youth for productive roles in society and are an integral part of the state's program to address the needs of students who have dropped out of school.  The superintendent of public instruction shall distribute funds, consistent with legislative appropriations, allocated specifically for ((educational clinics)) education centers in accord with chapter 28A.205 RCW.  The legislature encourages school districts to explore cooperation with ((educational clinics)) education centers.

     Sec. 10.  RCW 28A.205.090 and 1990 c 33 s 187 are each amended to read as follows:

     The superintendent shall include the ((educational clinics)) education centers program in the biennial budget request.  Contracts between the superintendent of public instruction and the ((educational clinics)) education centers shall include quarterly plans which provide for relatively stable student enrollment but take into consideration anticipated seasonal variations in enrollment in the individual ((clinics)) centers.  Funds which are not expended by a ((clinic)) center during the quarter for which they were planned may be carried forward to subsequent quarters of the fiscal year.  The superintendent shall make payments to the ((clinics)) centers on a monthly basis pursuant to RCW 28A.205.040.