Z-1380

AN ACT Relating to institution education programs; amending RCW 13.04.145, 28A.190.010, 28A.190.020, 28A.190.030, 28A.190.040, 28A.190.050, and 28A.190.060; and adding new sections to chapter 28A.190 RCW.

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

Sec. 1. RCW 13.04.145 and 1990 c 33 s 551 are each amended to read as follows:

A program of education shall be provided for by the several counties and school districts of the state for common school age persons confined in each of the detention facilities staffed and maintained by the several counties of the state under this chapter and chapters 13.16 and 13.20 RCW. The division of duties, authority, and liabilities of the several counties and school districts of the state respecting the educational programs is 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~~)) institution residents. For the purposes of this section, the terms "department of social and health services," ((~~"residential school" or "schools,"~~)) "institution," and "superintendent or chief administrator of ((~~a residential school~~)) an institution" as used in RCW 28A.190.030 through 28A.190.060 shall be respectively construed to mean "the several counties of the state," "detention facilities," and "the administrator of juvenile court detention services." 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.190.010 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 school districts of the state 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 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~~)) institution residents. For the purposes of this section, the term ((~~"residential school" or "schools"~~)) "institution" 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. 3. RCW 28A.190.020 and 1990 c 33 s 171 are each amended to read as follows:

The term ((~~"residential school"~~)) "institution" as used in RCW 28A.190.020 through 28A.190.060, 72.01.200, 72.05.010 and 72.05.130, each as now or hereafter amended, shall mean Green Hill school, Maple Lane school, Naselle Youth Camp, ((~~Cedar Creek Youth Camp,~~)) Mission Creek Youth Camp, Echo Glen, Lakeland Village, Rainier school, Yakima Valley school, Interlake school, Fircrest school, Francis Haddon Morgan Center, the Child Study and Treatment Center and Secondary School of Western State Hospital, and such other schools, camps, and centers as are now or hereafter established by the department of social and health services for the diagnosis, confinement and rehabilitation of juveniles committed by the courts or for the care and treatment of persons who are exceptional in their needs by reason of mental and/or physical deficiency: PROVIDED, That the term shall not include the state schools for the deaf and blind or adult correctional institutions.

Sec. 4. 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~~)) an institution 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, conduct a program of education, including related student activities, for ((~~residents~~)) clients of the ((~~residential school~~)) institution. Except as otherwise provided for by ((~~contract pursuant to~~)) interlocal cooperative agreement under RCW 28A.190.050, the duties and authority of a school district and its employees to conduct such a program shall be limited to 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~~)) institution 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~~)) twenty school days each school year;

(b) Special education pursuant to RCW 28A.155.010 through 28A.155.100, ((~~and~~)) vocational education, and other programs that school districts are otherwise required by law to provide to students enrolled in school district programs including, but not limited to, special education, bilingual education, and learning assistance programs, as necessary to address the unique needs and limitations of ((~~residents~~)) clients; and

(c) Such other courses of instruction and school-related student activities as are provided by the school district for ((~~nonresidential school~~)) noninstitutional students to the extent it is practical and judged appropriate for the ((~~residents~~)) clients 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~~)) institution;

(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~~)) institution education programs, and funds from federal and private grants, bequests and gifts made for the purpose of maintaining and operating the ((~~program of~~)) education programs.

Sec. 5. RCW 28A.190.040 and 1990 c 33 s 173 are each amended to read as follows:

The duties and authority of the department of social and health services and of each superintendent or chief administrator of ((~~a residential school~~)) an institution to support each program of education conducted by a school district pursuant to RCW 28A.190.030, shall include the following:

(1) The provision of transportation for ((~~residential school~~)) institution students to and from the sites of the program of education through the purchase, lease or rental of school buses and other vehicles as necessary;

(2) The provision of safe and healthy building and playground space for the conduct of the program of education through the construction, purchase, lease or rental of such space as necessary;

(3) The provision of furniture, vocational instruction machines and tools, building and playground fixtures, and other equipment and fixtures for the conduct of the program of education through construction, purchase, lease or rental as necessary;

(4) The provision of heat, lights, telephones, janitorial services, repair services, and other support services for the vehicles, building and playground spaces, equipment and fixtures provided for in this section;

(5) The employment, supervision and control of persons to provide immediate on-site security for school district employees, and to transport students and ((to)) maintain the vehicles, building and playground spaces, equipment and fixtures, provided for in this section;

(6) Clinical and medical evaluation services normally provided by a parent or guardian necessary to a determination by the school district of the educational needs of ((~~residential school~~)) institutional students, exclusive of educational assessments; and

(7) Such other support services and facilities as may be specified in the annual interlocal cooperation agreement under RCW 28A.190.050 and are reasonably necessary for the conduct of the program of education.

Sec. 6. 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 shall hereafter jointly negotiate and execute a written ((~~contract~~)) interlocal cooperation agreement under chapter 39.34 RCW for each school year ((or such longer period as may be agreed to which)). The process shall begin on or before November 1st of each school year and culminate in an interlocal cooperation agreement to be filed with the office of the superintendent of public instruction no later than April 15th for the following school year. Based on a review of available data regarding the unique needs of the population and projected changes in the population, the interlocal cooperation agreement shall delineate((s)) the manner in which ((~~their~~)) each agency's respective duties and authority will be cooperatively performed and exercised, and ((~~any~~)) how disputes ((~~and grievances~~)) will be resolved. Any such ((~~contract~~)) interlocal cooperation agreement 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. The interlocal cooperation agreement shall address, at a minimum, the following identified areas: Program content, budget, facilities, personnel matters, and student conduct. The interlocal cooperation agreement shall be signed by the following parties: The authorized department of social and health services administrator and the school district superintendent or the superintendent's designee. Should either or both parties disagree as to the content of the interlocal cooperation agreement, the matter shall be forwarded to the office of the superintendent of public instruction, the department of social and health services representative, or a juvenile court administrator for mediation.

Sec. 7. RCW 28A.190.060 and 1990 c 33 s 175 are each amended to read as follows:

The department of social and health services shall provide written notice on or before April 15th of each school year to the superintendent of each school district conducting a program of education pursuant to RCW 28A.190.030 through 28A.190.050 of ((~~any foreseeable residential school closure, reduction in the number of residents, or any other cause for a reduction in the school district's staff for~~)) the number of annual full-time equivalent institution school students who will be enrolled during the next school year. In the event the department of social and health services fails to provide notice as prescribed by this section, or provides notice of a student enrollment higher than that which actually occurs during the next school year, the department shall be liable and responsible for the payment of the salary and employment related costs for the next school year of each school district employee whose contract the school district would have nonrenewed but for the failure of the department to provide notice.

NEW SECTION. Sec. 8. A new section is added to chapter 28A.190 RCW to read as follows:

An institution education program advisory council shall be established by the superintendent of public instruction for the purposes of providing advice, based on an annual review of available data on students and programs, and a forum for communications and technical assistance regarding the provision of coordinated services to institution education program students. Such advice shall be related to areas of mutual interest or common concern to the agencies involved in the provision of services to this population of students. Areas of advice may include, but not be limited to: Standards, program content, budget, facilities, personnel matters, recommendations for legislative changes, and student conduct. The advisory council, number of members, and area of representation shall be jointly determined by the superintendent of public instruction, the department of social and health services, and county juvenile court administrators.

NEW SECTION. Sec. 9. A new section is added to chapter 28A.190 RCW to read as follows:

There shall be mutually developed an interlocal cooperation agreement under chapter 39.34 RCW between the superintendent of public instruction and the department of social and health services, and/or juvenile court administrators, that specifies at a minimum the following areas: General direction and standards, budget, facilities, agency service coordination, forecasting and projections of student enrollment, personnel matters, program content, joint and separate responsibilities for service, and student conduct. The local interlocal cooperation agreements to be developed and implemented pursuant to the procedures specified in RCW 28A.190.050 shall conform in content and specify procedures to be mutually undertaken by the agencies involved to accomplish the state interlocal cooperation agreements areas as cited. The state interlocal cooperation agreement shall be completed by January 1st of each school year for the next school year.