S-0408

AN ACT Relating to educational reform; amending RCW 28A.150.030, 28A.195.010, 28A.150.250, 28A.150.290, 28A.335.160, 28A.150.220, 28A.190.030, 28A.330.100, 28A.500.010, 84.52.053, 28A.150.100, 28A.150.260, 28A.405.310, 28A.400.300, 28A.405.100, 28A.185.010, 28A.185.020, 28A.185.030, 28A.150.370, 84.52.053, 28A.215.100, 28A.215.180, 28A.215.010, 28A.215.020, 28A.215.040, 28A.315.540, and 28A.315.450; reenacting and amending RCW 28A.400.200; adding a new section to chapter 28A.150 RCW; adding a new section to chapter 28A.500 RCW; adding a new section to chapter 28A.400 RCW; adding a new section to chapter 28A.410 RCW; adding a new section to chapter 82.04 RCW; adding a new section to chapter 28A.230 RCW; adding a new section to chapter 28A.215 RCW; adding new sections to chapter 28A.300 RCW; adding a new section to chapter 28A.315 RCW; adding a new section to chapter 28A.320 RCW; creating new sections; repealing RCW 84.52.0531, 28A.405.350, 28A.300.010, 28A.150.200, 28A.150.210, 28A.150.220, 28A.150.230, 28A.150.240, 28A.150.250, 28A.150.260, 28A.150.270, 28A.150.280, 28A.150.290, and 28A.150.295; and providing contingent effective dates.

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

PART 1

INTENT

NEW SECTION. Sec. 101. The Constitution of the state of Washington requires the state to make ample provision for the education of all children residing within the state and to provide a general and uniform system of public schools. The legislature finds that this constitutional mandate is not being met. Far too many students in our public schools are unable to read, to communicate, or to reason effectively.

It is the intent of the legislature to improve the public school system by measures such as reforming the funding system; improving the quality of education by reducing class size, extending the school year, and requiring competency in a core curriculum; increasing the professionalism of teachers by improving compensation, providing performance incentives, and streamlining dispute resolution processes; improving access to technology in classrooms; encouraging partnerships; improving vocational education; and permitting the intervention of the state in local schools when necessary.

PART 2

CHANGING THE SCHOOL YEAR

NEW SECTION. Sec. 201. A new section is added to chapter 28A.150 RCW to read as follows:

The school year shall consist of the equivalent of:

(1) During the 1991‑92 school year, one hundred eighty‑two school days for grades one through twelve and one hundred eighty‑two half days of school for kindergarten;

(2) During the 1992‑93 school year, one hundred eighty-four school days for grades one through twelve and one hundred eighty-four half days of school for kindergarten;

(3) During the 1993‑94 school year, one hundred eighty-six school days for grades one through twelve and one hundred eighty-six half days of school for kindergarten;

(4) During the 1994‑95 school year, one hundred eighty-eight school days for grades one through twelve and one hundred eighty-eight half days of school for kindergarten;

(5) During the 1995-96 school year, one hundred ninety school days for grades one through twelve and one hundred ninety half days of school for kindergarten;

(6) During the 1996-97 school year, one hundred ninety-two school days for grades one through twelve and one hundred ninety-two half days of school for kindergarten;

(7) During the 1997-98 school year, one hundred ninety-four school days for grades one through twelve and one hundred ninety-four half days of school for kindergarten;

(8) During the 1998-99 school year, one hundred ninety-six school days for grades one through twelve and one hundred ninety-six half days of school for kindergarten;

(9) During the 1999-2000 school year, one hundred ninety-eight school days for grades one through twelve and one hundred ninety-eight half days of school for kindergarten; and

(10) For the 2000-2001 school year and thereafter, two hundred school days for grades one through twelve and two hundred half days of school for kindergarten.

Sec. 202. RCW 28A.150.030 and 1971 ex.s. c 161 s 1 are each amended to read as follows:

(1) A school day shall mean ((~~each~~)) a calendar day of the school year on which day all pupils enrolled in the common schools of a school district are afforded the opportunity to be engaged in educational activity that is planned and conducted by ((~~and~~)) or under the direction of the school district staff, as directed by the administration and board of directors of the district.

(2) The equivalent of a school day shall mean:

(a) Kindergarten ‑ full day: A minimum of the equivalent of four hours of program hour offerings;

(b) Kindergarten ‑ half day: A minimum of the equivalent of two and one‑half hours of program hour offerings;

(d) Elementary ‑ grades four through six: A minimum of five and one‑half hours of program hour offerings at each grade level;

(e) Grades seven and eight: A minimum of five and one‑half hours of program hour offerings at each grade level;

(f) Grades nine through twelve: A minimum of six hours of program hour offerings at each grade level;

(g) For purposes of this subsection, "program hour offering" has the meaning under RCW 28A.150.220.

Sec. 203. RCW 28A.195.010 and 1990 c 33 s 176 are each amended to read as follows:

The legislature hereby recognizes that private schools should be subject only to those minimum state controls necessary to insure the health and safety of all the students in the state and to insure a sufficient basic education to meet usual graduation requirements. The state, any agency or official thereof, shall not restrict or dictate any specific educational or other programs for private schools except as hereinafter in this section provided.

Principals of private schools or superintendents of private school districts shall file each year with the state superintendent of public instruction a statement certifying that the minimum requirements hereinafter set forth are being met, noting any deviations. After review of the statement, the state superintendent will notify schools or school districts of those deviations which must be corrected. In case of major deviations, the school or school district may request and the state board of education may grant provisional status for one year in order that the school or school district may take action to meet the requirements. Minimum requirements shall be as follows:

(1) The minimum school year for instructional purposes shall consist of no less than ((~~one hundred eighty school days or the equivalent in annual minimum program hour offerings as prescribed in RCW 28A.150.220~~)) the number of school days provided under section 201 of this 1991 act.

(2) The school day shall be the same as that required in RCW 28A.150.030 and 28A.150.220, except that the percentages of total program hour offerings as prescribed in RCW 28A.150.220 for basic skills, work skills, and optional subjects and activities shall not apply to private schools or private sectarian schools.

(3) All classroom teachers shall hold appropriate Washington state certification except as follows:

(a) Teachers for religious courses or courses for which no counterpart exists in public schools shall not be required to obtain a state certificate to teach those courses.

(b) In exceptional cases, people of unusual competence but without certification may teach students so long as a certified person exercises general supervision. Annual written statements shall be submitted to the office of the superintendent of public instruction reporting and explaining such circumstances.

(4) An approved private school may operate an extension program for parents, guardians, or persons having legal custody of a child to teach children in their custody. The extension program shall require at a minimum that:

(a) The parent, guardian, or custodian be under the supervision of an employee of the approved private school who is certified under chapter 28A.410 RCW;

(b) The planning by the certified person and the parent, guardian, or person having legal custody include objectives consistent with this subsection and subsections (1), (2), (5), (6), and (7) of this section;

(c) The certified person spend a minimum average each month of one contact hour per week with each student under his or her supervision who is enrolled in the approved private school extension program;

(d) Each student's progress be evaluated by the certified person; and

(e) The certified employee shall not supervise more than thirty students enrolled in the approved private school's extension program.

(5) Appropriate measures shall be taken to safeguard all permanent records against loss or damage.

(6) The physical facilities of the school or district shall be adequate to meet the program offered by the school or district: PROVIDED, That each school building shall meet reasonable health and fire safety requirements. A residential dwelling of the parent, guardian, or custodian shall be deemed to be an adequate physical facility when a parent, guardian, or person having legal custody is instructing his or her child under subsection (4) of this section.

(7) Private school curriculum shall include instruction of the basic skills of occupational education, science, mathematics, language, social studies, history, health, reading, writing, spelling, and the development of appreciation of art and music, all in sufficient units for meeting state board of education graduation requirements.

(8) Each school or school district shall be required to maintain up‑to‑date policy statements related to the administration and operation of the school or school district.

All decisions of policy, philosophy, selection of books, teaching material, curriculum, except as in subsection (7) above provided, school rules and administration, or other matters not specifically referred to in this section, shall be the responsibility of the administration and administrators of the particular private school involved.

Sec. 204. RCW 28A.150.250 and 1990 c 33 s 107 are each amended to read as follows:

From those funds made available by the legislature for the current use of the common schools, the superintendent of public instruction shall distribute annually as provided in RCW 28A.510.250 to each school district of the state operating a program approved by the state board of education an amount which, when combined with an appropriate portion of such locally available revenues, other than receipts from federal forest revenues distributed to school districts pursuant to RCW 28A.520.010 and 28A.520.020, as the superintendent of public instruction may deem appropriate for consideration in computing state equalization support, excluding excess property tax levies, will constitute a basic education allocation in dollars for each annual average full time equivalent student enrolled, based upon one ((~~full~~)) school year ((~~of one hundred eighty days~~)) consisting of the number of school days provided under section 201 of this 1991 act, except that for kindergartens one ((~~full~~)) school year shall ((~~be one hundred eighty~~)) consist of the number of half days of instruction under section 201 of this 1991 act, or the equivalent as provided in RCW 28A.150.220.

Basic education shall be considered to be fully funded by those amounts of dollars appropriated by the legislature pursuant to RCW 28A.150.250 and 28A.150.260 to fund those program requirements identified in RCW 28A.150.220 in accordance with the formula and ratios provided in RCW 28A.150.260 and those amounts of dollars appropriated by the legislature to fund the salary requirements of RCW 28A.150.100 and 28A.150.410.

Operation of a program approved by the state board of education, for the purposes of this section, shall include a finding that the ratio of students per classroom teacher in grades kindergarten through three is not greater than the ratio of students per classroom teacher in grades four and above for such district: PROVIDED, That for the purposes of this section, "classroom teacher" shall be defined as an instructional employee possessing at least a provisional certificate, but not necessarily employed as a certificated employee, whose primary duty is the daily educational instruction of students: PROVIDED FURTHER, That the state board of education shall adopt rules and regulations to insure compliance with the student/teacher ratio provisions of this section, and such rules and regulations shall allow for exemptions for those special programs and/or school districts which may be deemed unable to practicably meet the student/teacher ratio requirements of this section by virtue of a small number of students.

If a school district's basic education program fails to meet the basic education requirements enumerated in RCW 28A.150.250, 28A.150.260, and 28A.150.220, the state board of education shall require the superintendent of public instruction to withhold state funds in whole or in part for the basic education allocation until program compliance is assured: PROVIDED, That the state board of education may waive this requirement in the event of substantial lack of classroom space.

Sec. 205. 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~~)) consisting of the number of school days provided under section 201 of this 1991 act or the total program hour offering, teacher contact hour, or course mix and percentage requirements imposed by RCW 28A.150.030, 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.

Sec. 206. RCW 28A.335.160 and 1990 c 33 s 359 are each amended to read as follows:

Any school district may cooperate with one or more school districts in the following:

(1) The joint financing, planning, construction, equipping and operating of any educational facility otherwise authorized by law: PROVIDED, That any cooperative financing plan involving the construction of school plant facilities must be approved by the state board of education pursuant to such rules as may now or hereafter be promulgated relating to state approval of school construction.

(2) The joint maintenance and operation of educational programs or services (a) either as a part of the operation of a joint facility or otherwise, (b) either on a full or part time attendance basis, and (c) either on a regular ((~~one hundred eighty day~~)) school year consisting of the number of school days provided under section 201 of this 1991 act or extended school year: PROVIDED, That any such joint program or service must be operated pursuant to a written agreement approved by the superintendent of public instruction pursuant to rules and regulations promulgated therefor. In establishing rules and regulations the state superintendent shall consider, among such other factors as the superintendent deems appropriate, the economic feasibility of said services and programs, the educational and administrative scope of said agreement and the need for said programs or services.

Notwithstanding any other provision of the law, the state superintendent of public instruction shall establish rules and regulations for the apportionment of attendance credits for such students as are enrolled in a jointly operated facility or program, including apportionment for approved part time and extended school year attendance.

Sec. 207. RCW 28A.150.220 and 1990 c 33 s 105 are each amended to read as follows:

(1) For the purposes of this section and RCW 28A.150.250 and 28A.150.260:

(a) The term "total program hour offering" shall mean those hours when students are provided the opportunity to engage in educational activity planned by and under the direction of school district staff, as directed by the administration and board of directors of the district, inclusive of intermissions for class changes, recess and teacher/parent‑guardian conferences which are planned and scheduled by the district for the purpose of discussing students' educational needs or progress, and exclusive of time actually spent for meals.

(b) "Instruction in work skills" shall include instruction in one or more of the following areas: Industrial arts, home and family life education, business and office education, distributive education, agricultural education, health occupations education, vocational education, trade and industrial education, technical education and career education.

(2) Satisfaction of the basic education goal identified in RCW 28A.150.210 shall be considered to be implemented by the following program requirements:

(a) Each school district shall make available to students in kindergarten at least a total program offering ((~~of four hundred fifty hours. The program shall include~~)) including reading, arithmetic, language skills and such other subjects and such activities as the school district shall determine to be appropriate for the education of the school district's students enrolled in such program;

(b) Each school district shall make available to students in grades one through three, at least a total program hour offering of ((~~two thousand seven hundred hours.~~)) which a minimum of ninety‑five percent of the total program hour offerings shall be in the basic skills areas of reading/language arts (which may include foreign languages), mathematics, social studies, science, music, art, health and physical education. The remaining five percent of the total program hour offerings may include such subjects and activities as the school district shall determine to be appropriate for the education of the school district's students in such grades;

(c) Each school district shall make available to students in grades four through six at least a total program hour offering of ((~~two thousand nine hundred seventy hours.~~)) which a minimum of ninety percent of the total program hour offerings shall be in the basic skills areas of reading/language arts (which may include foreign languages), mathematics, social studies, science, music, art, health and physical education. The remaining ten percent of the total program hour offerings may include such subjects and activities as the school district shall determine to be appropriate for the education of the school district's students in such grades;

(d) Each school district shall make available to students in grades seven through eight, at least a total program hour offering of ((~~one thousand nine hundred eighty hours.~~)) which a minimum of eighty‑five percent of the total program hour offerings shall be in the basic skills areas of reading/language arts (which may include foreign languages), mathematics, social studies, science, music, art, health and physical education. A minimum of ten percent of the total program hour offerings shall be in the area of work skills. The remaining five percent of the total program hour offerings may include such subjects and activities as the school district shall determine to be appropriate for the education of the school district's students in such grades;

(e) Each school district shall make available to students in grades nine through twelve at least a total program hour offering of ((~~four thousand three hundred twenty hours.~~)) which a minimum of sixty percent of the total program hour offerings shall be in the basic skills areas of language arts, foreign language, mathematics, social studies, science, music, art, health and physical education. A minimum of twenty percent of the total program hour offerings shall be in the area of work skills. The remaining twenty percent of the total program hour offerings may include traffic safety or such subjects and activities as the school district shall determine to be appropriate for the education of the school district's students in such grades, with not less than one‑half thereof in basic skills and/or work skills((: PROVIDED, That each school district shall have the option of including grade nine within the program hour offering requirements of grades seven and eight so long as such requirements for grades seven through nine are increased to two thousand nine hundred seventy hours and such requirements for grades ten through twelve are decreased to three thousand two hundred forty hours)).

(3) In order to provide flexibility to the local school districts in the setting of their curricula, and in order to maintain the intent of this legislation, which is to stress the instruction of basic skills and work skills, any local school district may establish minimum course mix percentages that deviate by up to five percentage points above or below those minimums required by subsection (2) of this section((~~, so long as the total program hour requirement is still met~~)).

(4) Nothing contained in subsection (2) of this section shall be construed to require individual students to attend school for any particular number of hours per day or to take any particular courses.

(5) Each school district's kindergarten through twelfth grade basic educational program shall be accessible to all students who are five years of age, as provided by RCW 28A.225.160, and less than twenty‑one years of age and shall consist of ((~~a minimum of one hundred eighty school days per~~)) the number of school days in a school year as provided under section 201 of this 1991 act in such grades as are conducted by a school district, and ((~~one hundred eighty~~)) the number of half‑days of instruction during the school year as provided under section 201 of this 1991 act, or equivalent, in kindergarten: PROVIDED, That effective May 1, 1979, a school district may schedule the last five school days of the ((~~one hundred and eighty day~~)) school year for noninstructional purposes in the case of students who are graduating from high school, including, but not limited to, the observance of graduation and early release from school upon the request of a student, and all such students may be claimed as a full time equivalent student to the extent they could otherwise have been so claimed for the purposes of RCW 28A.150.250 and 28A.150.260.

(6) The state board of education shall adopt rules to implement and ensure compliance with the program requirements imposed by this section, RCW 28A.150.250 and 28A.150.260, and such related supplemental program approval requirements as the state board may establish: PROVIDED, That each school district board of directors shall establish the basis and means for determining and monitoring the district's compliance with the basic skills and work skills percentage and course requirements of this section. The certification of the board of directors and the superintendent of a school district that the district is in compliance with such basic skills and work skills requirements may be accepted by the superintendent of public instruction and the state board of education.

(7) Handicapped education programs, vocational‑technical institute programs, state institution and state residential school programs, all of which programs are conducted for the common school age, kindergarten through secondary school program students encompassed by this section, shall be exempt from the basic skills and work skills percentage and course requirements of this section in order that the unique needs, abilities or limitations of such students may be met.

(((8) Any school district may petition the state board of education for a reduction in the total program hour offering requirements for one or more of the grade level groupings specified in this section. The state board of education shall grant all such petitions that are accompanied by an assurance that the minimum total program hour offering requirements in one or more other grade level groupings will be exceeded concurrently by no less than the number of hours of the reduction.))

Sec. 208. 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, conduct a program of education, including related student activities, for residents of the residential school. 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 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 hundred and eighty school days~~)) the number of school days provided under section 201 of this 1991 act 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. 209. RCW 28A.330.100 and 1990 c 33 s 348 are each amended to read as follows:

Every board of directors of a school district of the first class, in addition to the general powers for directors enumerated in this title, shall have the power:

(1) To employ for a term of not exceeding three years a superintendent of schools of the district, and for cause to dismiss him or her; and to fix his or her duties and compensation.

(2) To employ, and for cause dismiss one or more assistant superintendents and to define their duties and fix their compensation.

(3) To employ a business manager, attorneys, architects, inspectors of construction, superintendents of buildings and a superintendent of supplies, all of whom shall serve at the board's pleasure, and to prescribe their duties and fix their compensation.

(4) To employ, and for cause dismiss, supervisors of instruction and to define their duties and fix their compensation.

(5) To prescribe a course of study and a program of exercises which shall be consistent with the course of study prepared by the state board of education for the use of the common schools of this state.

(6) To, in addition to the minimum requirements imposed by this title establish and maintain such grades and departments, including night, high, kindergarten, vocational training and, except as otherwise provided by law, industrial schools, and schools and departments for the education and training of any class or classes of handicapped youth, as in the judgment of the board, best shall promote the interests of education in the district.

(7) To determine the length of time over and above ((~~one hundred eighty~~)) the number of school days provided under section 201 of this 1991 act that school shall be maintained: PROVIDED, That for purposes of apportionment no district shall be credited with more than ((~~one hundred and eighty‑three days' attendance~~)) the number of school days under section 201 of this 1991 act in any school year; and to fix the time for annual opening and closing of schools and for the daily dismissal of pupils before the regular time for closing schools.

(8) To maintain a shop and repair department, and to employ, and for cause dismiss, a foreman and the necessary help for the maintenance and conduct thereof.

(9) To provide free textbooks and supplies for all children attending school, when so ordered by a vote of the electors; or if the free textbooks are not voted by the electors, to provide books for children of indigent parents, on the written statement of the city superintendent that the parents of such children are not able to purchase them.

(10) To require of the officers or employees of the district to give a bond for the honest performance of their duties in such penal sum as may be fixed by the board with good and sufficient surety, and to cause the premium for all bonds required of all such officers or employees to be paid by the district: PROVIDED, That the board may, by written policy, allow that such bonds may include a deductible proviso not to exceed two percent of the officer's or employee's annual salary.

(11) To prohibit all secret fraternities and sororities among the students in any of the schools of the said districts.

(12) To appoint a practicing physician, resident of the school district, who shall be known as the school district medical inspector, and whose duty it shall be to decide for the board of directors all questions of sanitation and health affecting the safety and welfare of the public schools of the district who shall serve at the board's pleasure; the school district medical inspector or authorized deputies shall make monthly inspections of each school in the district and report the condition of the same to the board of education and board of health: PROVIDED, That children shall not be required to submit to vaccination against the will of their parents or guardian.

NEW SECTION. Sec. 210. The year-round school pilot project is created. The project shall be designed by the superintendent of public instruction to encourage school districts to adopt year-round school schedules. The superintendent of public instruction shall provide grants, from such funds as may be appropriated for the purposes of this section, to applicant school districts. By December 15, 1994, the superintendent of public instruction shall report to the legislature on the project. This section shall expire December 31, 1994.

PART 3

FINANCING REFORM

NEW SECTION. Sec. 301. RCW 84.52.0531 and 1990 c 33 s 601, 1989 c 141 s 1, 1988 c 252 s 1, 1987 1st ex.s. c 2 s 101, 1987 c 185 s 40, & 1985 c 374 s 1 are each repealed.

Sec. 302. RCW 28A.500.010 and 1987 1st ex.s. c 2 s 102 are each amended to read as follows:

(1) Commencing with taxes assessed in ((~~1988~~)) 1991 to be collected in calendar year ((~~1989~~)) 1992 and thereafter, in addition to a school district's other general fund allocations, each eligible district shall be provided local effort assistance funds as provided in this section. Such funds are not part of the district's basic education allocation. ((~~For the first distribution of local effort assistance funds provided under this section in calendar year 1989, state funds may be prorated according to the formula in this section.~~))

(2)(a) "Prior tax collection year" shall mean the year immediately preceding the year in which the local effort assistance shall be allocated.

(b) The "state-wide average ((~~ten~~)) fifteen percent levy rate" shall mean ten percent of the total levy bases as defined in ((~~RCW 84.52.0531(4)~~)) section 303(3) of this 1991 act summed for all school districts, and divided by the total assessed valuation for excess levy purposes in the prior tax collection year for all districts as adjusted to one hundred percent by the county indicated ratio established in RCW 84.48.075.

(i) ((~~Ten~~)) Fifteen percent of the district's levy base as defined in ((~~RCW 84.52.0531(4)~~)) section 303(3) of this 1991 act, plus one-half of any amount computed under ((~~RCW 84.52.0531(3)(b)~~)) section 303(2) of this 1991 act in the case of nonhigh school districts; divided by

(ii) The district's assessed valuation for excess levy purposes for the prior tax collection year as adjusted to one hundred percent by the county indicated ratio.

(d) "Eligible districts" shall mean those districts with a ((~~ten~~)) fifteen percent levy rate which exceeds the state-wide average ((~~ten~~)) fifteen percent levy rate.

(3) Allocation of state matching funds to eligible districts for local effort assistance shall be determined as follows:

(a) Funds raised by the district through maintenance and operation levies during that tax collection year shall be matched with state funds using the following ratio of state funds to levy funds: (i) The difference between the district's ((~~ten~~)) fifteen percent levy rate and the state-wide average ((~~ten~~)) fifteen percent levy rate; to (ii) the state-wide average ((~~ten~~)) fifteen percent levy rate.

(b) The maximum amount of state matching funds for which a district may be eligible in any tax collection year shall be ((~~ten~~)) fifteen percent of the district's levy base as defined in ((~~RCW 84.52.0531(4)~~)) section 303(3) of this 1991 act, multiplied by the following percentage: (i) The difference between the district's ((~~ten~~)) fifteen percent levy rate and the state-wide average ((~~ten~~)) fifteen percent levy rate; divided by (ii) the district's ((~~ten~~)) fifteen percent levy rate.

(4) Fifty-five percent of local effort assistance funds shall be distributed to qualifying districts during the applicable tax collection year on or before June 30 and forty-five percent shall be distributed on or before December 31 of any year.

NEW SECTION. Sec. 303. A new section is added to chapter 28A.500 RCW to read as follows:

Unless the context clearly requires otherwise, the definitions in this section apply in RCW 28A.500.010.

(1) "Basic education allocation" means the amount determined pursuant to RCW 28A.150.250, 28A.150.260, and 28A.150.350: PROVIDED, That when determining the basic education allocation under subsection (3) of this section, nonresident full time equivalent pupils who are participating in a program provided for in chapter 28A.545 RCW or in any other program pursuant to an interdistrict agreement shall be included in the enrollment of the resident district and excluded from the enrollment of the serving district.

(2) "Additional sums for nonhigh districts" means an amount equal to the total estimated amount due by the nonhigh school district to high school districts pursuant to chapter 28A.545 RCW for the school year during which collection of the levy is to commence, less the increase in the nonhigh school district's basic education allocation as computed pursuant to subsection (1) of this section due to the inclusion of pupils participating in a program provided for in chapter 28A.545 RCW in such computation.

(3) For excess levies for collection in calendar year 1991 and thereafter, a district's "levy base" means the sum of the following allocations received by the district for the prior school year, including allocations for compensation increases, adjusted by the percent increase per full time equivalent student in the state basic education appropriation between the prior school year and the current school year:

(a) The district's basic education allocation as determined pursuant to RCW 28A.150.250, 28A.150.260, and 28A.150.350;

(b) State and federal categorical allocations for the following programs:

(i) Pupil transportation;

(ii) Handicapped education;

(iii) Education of highly capable students;

(iv) Compensatory education, including but not limited to learning assistance, migrant education, Indian education, refugee programs, and bilingual education;

(v) Food services; and

(vi) State‑wide block grant programs; and

(c) Any other federal allocations for elementary and secondary school programs, including direct grants, other than federal impact aid funds and allocations in lieu of taxes.

Sec. 304. RCW 84.52.053 and 1987 1st ex.s. c 2 s 103 are each amended to read as follows:

The limitations imposed by RCW 84.52.050 through 84.52.056, and 84.52.043 shall not prevent the levy of additional taxes by school districts, when authorized so to do by the electors of such school district in the manner and for the purposes and number of years allowable under Article VII, section 2(a) of the Constitution of this state, as amended by Amendment 79 and as thereafter amended, at a special or general election to be held in the year in which the levy is made or, in the case of a proposition authorizing ((~~two-year~~)) levies for maintenance and operation support of a school district or authorizing two-year through six-year levies to support the construction, modernization, or remodeling of school facilities, or both, at a special or general election to be held in the year in which the first annual levy is made: PROVIDED, That once additional tax levies have been authorized for maintenance and operation support of a school district ((~~for a two year period~~)), no further additional tax levies for maintenance and operation support of the district for ((~~that~~)) a two-year period may be authorized. If an excess levy for maintenance and operation is not approved by the voters in subsequent elections, the school district may continue the excess levy for maintenance and operation purposes that last received voter approval if approved after December 31, 1991.

A special election may be called and the time therefor fixed by the board of school directors, by giving notice thereof by publication in the manner provided by law for giving notices of general elections, at which special election the proposition authorizing such excess levy shall be submitted in such form as to enable the voters favoring the proposition to vote "yes" and those opposed thereto to vote "no".

NEW SECTION. Sec. 305. Section 304 of this act shall take effect December 31, 1991, if the proposed amendment to Article VII, section 2 of the state Constitution providing for continuing levies, Senate Joint Resolution No. ....... (S-0409/91), is validly submitted to and is approved and ratified by the voters at a general election to be held in November 1991. If this proposed amendment is not so approved and ratified, section 304 of this act is void in its entirety.

NEW SECTION. Sec. 306. The superintendent of public instruction shall develop a proposed weighted student funding formula and submit the proposal to the legislature by January 1, 1993.

Sec. 307. RCW 28A.150.100 and 1990 c 33 s 103 are each amended to read as follows:

(1) For the purposes of this section and RCW 28A.150.410 and 28A.400.200, "basic education certificated instructional staff" shall mean all full time equivalent certificated instructional staff in the following programs as defined for state‑wide school district accounting purposes: Basic education, secondary vocational education, general instructional support, and general supportive services.

(2) In the ((~~1988‑89~~)) 1991‑92 school year and thereafter, each school district shall maintain a ratio of at least ((~~forty‑six~~)) fifty‑ five basic education certificated instructional staff to one thousand annual average full time equivalent students.

Sec. 308. RCW 28A.150.260 and 1990 c 33 s 108 are each amended to read as follows:

The basic education allocation for each annual average full time equivalent student shall be determined in accordance with the following procedures:

(1) The governor shall and the superintendent of public instruction may recommend to the legislature a formula based on a ratio of students to staff for the distribution of a basic education allocation for each annual average full time equivalent student enrolled in a common school. The distribution formula shall have the primary objective of equalizing educational opportunities and shall provide appropriate recognition of the following costs among the various districts within the state:

(a) Certificated instructional staff and their related costs;

(b) Certificated administrative staff and their related costs;

(d) Nonsalary costs;

(e) Extraordinary costs of remote and necessary schools and small high schools, including costs of additional certificated and classified staff; and

(f) The attendance of students pursuant to RCW 28A.335.160 and 28A.225.250 who do not reside within the servicing school district.

(2)(a) This formula for distribution of basic education funds shall be reviewed biennially by the superintendent and governor. The recommended formula shall be subject to approval, amendment or rejection by the legislature. The formula shall be for allocation purposes only. While the legislature intends that the allocations for additional instructional staff be used to increase the ratio of such staff to students, nothing in this section shall require districts to reduce the number of administrative staff below existing levels.

(b) ((The formula adopted by the legislature for the 1987‑88 school year shall reflect the following ratios at a minimum: (i) Forty‑eight certificated instructional staff to one thousand annual average full time equivalent students enrolled in grades kindergarten through three; (ii) forty‑ six certificated instructional staff to one thousand annual average full time equivalent students enrolled in grades four through twelve; (iii) four certificated administrative staff to one thousand annual average full time equivalent students enrolled in grades kindergarten through twelve; and (iv) sixteen and sixty‑seven one‑hundredths classified personnel to one thousand annual average full time equivalent students enrolled in grades kindergarten through twelve.

~~(c)~~)) Commencing with the ((~~1988‑89~~)) 1991‑92 school year, the formula adopted by the legislature shall reflect the following ratios at a minimum: (i) ((~~Forty‑nine~~)) Fifty‑five certificated instructional staff to one thousand annual average full time equivalent students enrolled in grades kindergarten through ((~~three; (ii) forty‑six certificated instructional staff to one thousand annual average full time equivalent students in grades four through~~)) twelve; ((~~(iii)~~)) (ii) four certificated administrative staff to one thousand annual average full time equivalent students in grades kindergarten through twelve; and ((~~(iv)~~)) (iii) sixteen and sixty‑seven one‑hundredths classified personnel to one thousand annual average full time equivalent students enrolled in grades kindergarten through twelve.

((~~(d)~~)) (c) In the event the legislature rejects the distribution formula recommended by the governor, without adopting a new distribution formula, the distribution formula for the previous school year shall remain in effect: PROVIDED, That the distribution formula developed pursuant to this section shall be for state apportionment and equalization purposes only and shall not be construed as mandating specific operational functions of local school districts other than those program requirements identified in RCW 28A.150.220 and 28A.150.100. The enrollment of any district shall be the annual average number of full time equivalent students and part time students as provided in RCW 28A.150.350, enrolled on the first school day of each month and shall exclude full time equivalent handicapped students recognized for the purposes of allocation of state funds for programs under RCW 28A.155.010 through 28A.155.100. The definition of full time equivalent student shall be determined by rules and regulations of the superintendent of public instruction: PROVIDED, That the definition shall be included as part of the superintendent's biennial budget request: PROVIDED, FURTHER, That any revision of the present definition shall not take effect until approved by the house appropriations committee and the senate ways and means committee: PROVIDED, FURTHER, That the office of financial management shall make a monthly review of the superintendent's reported full time equivalent students in the common schools in conjunction with RCW 43.62.050.

(3) (a) Certificated instructional staff shall include those persons employed by a school district who are nonsupervisory employees within the meaning of RCW 41.59.020(8): PROVIDED, That in exceptional cases and as provided under section 408 of this 1991 act, people of unusual competence but without certification may teach students so long as a certificated person exercises general supervision: PROVIDED, FURTHER, That the hiring of such noncertificated people shall not occur during a labor dispute and such noncertificated people shall not be hired to replace certificated employees during a labor dispute.

(b) Certificated administrative staff shall include all those persons who are chief executive officers, chief administrative officers, confidential employees, supervisors, principals, or assistant principals within the meaning of RCW 41.59.020(4).

(4) Each annual average full time equivalent certificated classroom teacher's direct classroom contact hours shall average at least twenty‑five hours per week. Direct classroom contact hours shall be exclusive of time required to be spent for preparation, conferences, or any other nonclassroom instruction duties. Up to two hundred minutes per week may be deducted from the twenty‑five contact hour requirement, at the discretion of the school district board of directors, to accommodate authorized teacher/parent‑guardian conferences, recess, passing time between classes, and informal instructional activity. Implementing rules to be adopted by the state board of education pursuant to RCW 28A.150.220(6) shall provide that compliance with the direct contact hour requirement shall be based upon teachers' normally assigned weekly instructional schedules, as assigned by the district administration. Additional record‑ keeping by classroom teachers as a means of accounting for contact hours shall not be required. However, upon request from the board of directors of any school district, the provisions relating to direct classroom contact hours for individual teachers in that district may be waived by the state board of education if the waiver is necessary to implement a locally approved plan for educational excellence and the waiver is limited to those individual teachers approved in the local plan for educational excellence. The state board of education shall develop criteria to evaluate the need for the waiver. Granting of the waiver shall depend upon verification that: (a) The students' classroom instructional time will not be reduced; and (b) the teacher's expertise is critical to the success of the local plan for excellence.

PART 4

REFORMING THE TEACHING PROFESSION

Sec. 401. RCW 28A.405.310 and 1990 c 33 s 396 are each amended to read as follows:

(1) Any employee receiving a notice of probable cause for discharge or adverse effect in contract status pursuant to RCW 28A.405.300, or any employee, with the exception of provisional employees as defined in RCW 28A.405.220, receiving a notice of probable cause for nonrenewal of contract pursuant to RCW 28A.405.210, shall be granted the opportunity for a hearing pursuant to this section.

(2) In any request for a hearing pursuant to RCW 28A.405.300 or 28A.405.210, the employee may request either an open or closed hearing. The hearing shall be open or closed as requested by the employee, but if the employee fails to make such a request, the hearing officer may determine whether the hearing shall be open or closed.

(3) The employee may engage counsel who shall be entitled to represent the employee at the prehearing conference held pursuant to subsection (5) of this section and at all subsequent proceedings pursuant to this section. At the hearing provided for by this section, the employee may produce such witnesses as he or she may desire.

(4) In the event that an employee requests a hearing pursuant to RCW 28A.405.300 or 28A.405.210, a hearing officer shall be appointed in the following manner: Within fifteen days following the receipt of any such request the board of directors of the district or its designee and the employee or employee's designee shall each appoint one nominee. The two nominees shall jointly appoint a hearing officer who shall be a member in good standing of the Washington state bar association or a person adhering to the arbitration standards established by the public employment relations commission and listed on its current roster of arbitrators. Should said nominees fail to agree as to who should be appointed as the hearing officer, either the board of directors or the employee, upon appropriate notice to the other party, may apply to the presiding judge of the superior court for the county in which the district is located for the appointment of such hearing officer, whereupon such presiding judge shall have the duty to appoint a hearing officer who shall, in the judgment of such presiding judge, be qualified to fairly and impartially discharge his or her duties. Nothing herein shall preclude the board of directors and the employee from stipulating as to the identity of the hearing officer in which event the foregoing procedures for the selection of the hearing officer shall be inapplicable. The district shall pay all fees and expenses of any hearing officer selected pursuant to this subsection.

(5) Within five days following the selection of a hearing officer pursuant to subsection (4) of this section, the hearing officer shall schedule a prehearing conference to be held within such five‑day period, unless the board of directors and employee agree on another date convenient with the hearing officer. The employee shall be given written notice of the date, time, and place of such prehearing conference at least three days prior to the date established for such conference.

(6) The hearing officer shall preside at any prehearing conference scheduled pursuant to subsection (5) of this section and in connection therewith shall:

(a) Issue such subpoenas or subpoenas duces tecum as either party may request at that time or thereafter; and

(b) Authorize the taking of prehearing depositions at the request of either party at that time or thereafter; and

(c) Provide for such additional methods of discovery as may be authorized by the civil rules applicable in the superior courts of the state of Washington; and

(d) Establish the date for the commencement of the hearing, to be within ten days following the date of the prehearing conference, unless the employee requests a continuance, in which event the hearing officer shall give due consideration to such request.

(7) The hearing officer shall preside at any hearing and in connection therewith shall:

(a) Make rulings as to the admissibility of evidence pursuant to the rules of evidence applicable in the superior court of the state of Washington.

(b) Make other appropriate rulings of law and procedure.

(c) Within ten days following the conclusion of the hearing transmit in writing to the board and to the employee, findings of fact and conclusions of law and final decision. ((~~If the final decision is in favor of the employee, the employee shall be restored to his or her employment position and shall be awarded reasonable attorneys' fees.~~))

(8) Any final decision by the hearing officer to nonrenew the employment contract of the employee, or to discharge the employee, or to take other action adverse to the employee's contract status, as the case may be, shall be based solely upon the cause or causes specified in the notice of probable cause to the employee and shall be established by a preponderance of the evidence at the hearing to be sufficient cause or causes for such action.

(9) All subpoenas and prehearing discovery orders shall be enforceable by and subject to the contempt and other equity powers of the superior court of the county in which the school district is located upon petition of any aggrieved party.

(10) A complete record shall be made of the hearing and all orders and rulings of the hearing officer and school board.

NEW SECTION. Sec. 402. RCW 28A.405.350 and 1990 c 33 s 399, 1975-'76 2nd ex.s. c 114 s 7, 1969 ex.s. c 34 s 16, & 1969 ex.s. c 223 s 28A.58.490 are each repealed.

NEW SECTION. Sec. 403. A new section is added to chapter 28A.400 RCW to read as follows:

(1) An employee may request that RCW 28A.405.300 through 28A.405.380 be waived and the issues be subject to arbitration when the employee is notified in writing of discharge or another adverse change in contract status. The waiver shall be requested in writing within seven days after receiving notice.

(2) The school district superintendent may consent to the waiver within three days of the request. If the superintendent consents to the waiver, the issue of probable cause for discharge or adverse change in contract status shall be decided through arbitration.

(3) The arbitrator shall be selected in the same manner as a hearing officer is selected under RCW 28A.405.310(4). The arbitrator shall be selected within fifteen days after the waiver is accepted.

(4) The arbitration shall begin within five days after the arbitrator is selected. The decision shall be made within ten days after the conclusion of the arbitration proceedings.

(5) The decision of the arbitrator is final and is not subject to appeal unless there was an evident mistake in the description of any person, thing, or property; the arbitrators have based the award on a matter not submitted to them; or there was an evident miscalculation of an amount. The arbitration may be overturned upon a showing of fraud or duress either in requesting the waiver or during the arbitration.

Sec. 404. RCW 28A.400.200 and 1990 1st ex.s. c 11 s 2 and 1990 c 33 s 381 are each reenacted and amended to read as follows:

(1) Every school district board of directors shall fix, alter, allow, and order paid salaries and compensation for all district employees in conformance with this section.

(2)(a) Salaries for certificated instructional staff shall not be less than the salary provided in the appropriations act in the state‑wide salary allocation schedule for an employee with a baccalaureate degree and zero years of service; ((~~and~~))

(b) Salaries for certificated instructional staff with a masters degree shall not be less than the salary provided in the appropriations act in the state‑wide salary allocation schedule for an employee with a masters degree and zero years of service; and

(((3)(a) The actual average salary paid to basic education certificated instructional staff shall not exceed the district's average basic education certificated instructional staff salary used for the state basic education allocations for that school year as determined pursuant to RCW 28A.150.410.

(b) Fringe benefit contributions for basic education certificated instructional staff shall be included as salary under (a) of this subsection to the extent that the district's actual average benefit contribution exceeds the greater of: (i) The formula amount for insurance benefits provided per certificated instructional staff unit in the state operating appropriations act in effect at the time the compensation is payable; or (ii) the actual average amount provided by the school district in the 1986‑87 school year. For purposes of this section, fringe benefits shall not include payment for unused leave for illness or injury under RCW 28A.400.210, or employer contributions for old age survivors insurance, workers' compensation, unemployment compensation, and retirement benefits under the Washington state retirement system.))

(c) Salary and benefits for certificated instructional staff in programs other than basic education shall be consistent with the salary and benefits paid to certificated instructional staff in the basic education program.

(((4) Salaries and benefits for certificated instructional staff may exceed the limitations in subsection (3) of this section only by separate contract for additional time, additional responsibilities, or incentives. Supplemental contracts shall not cause the state to incur any present or future funding obligation. Supplemental contracts shall be subject to the collective bargaining provisions of chapter 41.59 RCW and the provisions of RCW 28A.405.240, shall not exceed one year, and if not renewed shall not constitute adverse change in accordance with RCW 28A.405.300 through 28A.405.380. No district may enter into a supplemental contract under this subsection for the provision of services which are a part of the basic education program required by Article IX, section 3 of the state Constitution.

~~(5)~~)) (3) Employee benefit plans offered by any district shall comply with RCW 28A.400.350 and 28A.400.275 and 28A.400.280.

(4) Any salary paid that exceeds the district's average basic education certificated instructional staff salary used for the state basic education allocation for that school year as determined pursuant to RCW 28A.150.410 shall be reported to the office of the superintendent of public instruction. This additional salary is not part of basic education and shall not be used to determine the district's basic education allocation.

Sec. 405. RCW 28A.400.300 and 1990 c 33 s 382 are each amended to read as follows:

Every board of directors, unless otherwise specially provided by law, shall:

(1) Employ for not more than one year, and for sufficient cause discharge all certificated and noncertificated employees, and fix, alter, allow, and order paid their salaries and compensation;

(2) Adopt written policies granting leaves to persons under contracts of employment with the school district(s) in positions requiring either certification or noncertification qualifications, including but not limited to leaves for attendance at official or private institutes and conferences and sabbatical leaves for employees in positions requiring certification qualification, and leaves for illness, injury, bereavement and, emergencies for both certificated and noncertificated employees, and with such compensation as the board of directors prescribe: PROVIDED, That the board of directors shall adopt written policies granting to such persons annual leave with compensation for illness, injury and emergencies as follows:

(a) For such persons under contract with the school district for a full year, at least ten days;

(b) For such persons under contract with the school district as part time employees, at least that portion of ten days as the total number of days contracted for bears to one hundred eighty days;

(c) For certificated and noncertificated employees, annual leave with compensation for illness, injury, and emergencies shall be granted and accrue at a rate not to exceed twelve days per year; provisions of any contract in force on June 12, 1980, which conflict with requirements of this subsection shall continue in effect until contract expiration; after expiration, any new contract executed between the parties shall be consistent with this subsection;

(d) Compensation for leave for illness or injury actually taken shall be the same as the compensation such person would have received had such person not taken the leave provided in this proviso;

(e) Leave provided in this proviso not taken shall accumulate from year to year up to a maximum of one hundred eighty days for the purposes of RCW 28A.400.210 and 28A.400.220, and for leave purposes up to a maximum of the number of contract days agreed to in a given contract, but not greater than one year. Such accumulated time may be taken at any time during the school year or up to twelve days per year may be used for the purpose of payments for unused sick leave((.));

(f) Sick leave heretofore accumulated under section 1, chapter 195, Laws of 1959 (former RCW 28.58.430) and sick leave accumulated under administrative practice of school districts prior to the effective date of section 1, chapter 195, Laws of 1959 (former RCW 28.58.430) is hereby declared valid, and shall be added to leave for illness or injury accumulated under this proviso;

(g) Any leave for injury or illness accumulated up to a maximum of forty‑five days shall be creditable as service rendered for the purpose of determining the time at which an employee is eligible to retire, if such leave is taken it may not be compensated under the provisions of RCW 28A.400.210 and 28A.310.490;

(h) Accumulated leave under this proviso shall be transferred to and from one district to another, the office of superintendent of public instruction and offices of educational service district superintendents and boards, to and from such districts and such offices;

(i) Leave accumulated by a person in a district prior to leaving said district may, under rules and regulations of the board, be granted to such person when the person returns to the employment of the district.

When any certificated or classified employee leaves one school district within the state and commences employment with another school district within the state, the employee shall retain the same seniority, leave benefits and other benefits that the employee had in his or her previous position: PROVIDED, That classified employees who transfer between districts after July 28, 1985, shall not retain any seniority rights other than longevity when leaving one school district and beginning employment with another. If the school district to which the person transfers has a different system for computing seniority, leave benefits, and other benefits, then the employee shall be granted the same seniority, leave benefits and other benefits as a person in that district who has similar occupational status and total years of service.

NEW SECTION. Sec. 406. (1) The superintendent of public instruction shall establish a task force to develop a career ladder system by September 1, 1993. The proposal shall be submitted to the legislature by September 1, 1993. The system shall be designed to foster and sustain a professional educational environment that includes the following characteristics: Attracts individuals to the teaching profession; encourages creativity and cooperation among teachers and other certificated instructional staff; provides appropriate in‑ service opportunities for certificated instructional staff; enhances the intrinsic rewards certificated instructional staff gain from helping students learn; and provides certificated instructional staff with compensation that takes into account job performance but is also commensurate with social expectations. The proposal shall focus on the optimal use, remuneration, and development of human resources. The proposal shall include at a minimum the following features:

(a) Differentiated levels of employment classification for certificated instructional staff;

(b) Differentiated responsibilities for each level of employment classification;

(c) Differentiated compensation for each level of employment classification, which shall be based on at least one factor other than years of experience and level of educational attainment;

(d) An evaluation component; and

(e) An in‑service/staff development component.

(2) The task force shall consist of the following members:

(a) The superintendent of public instruction who shall serve as chair of the committee;

(b) One member representing the state board of education other than the superintendent of public instruction;

(c) Four members who are practicing certificated instructional employees, one of whom shall be a vocational instructor, with two from first class school districts and two from second class school districts;

(d) Four members who are school directors, with two from first class school districts and two from second class school districts;

(e) Two members who are principals, with one from a first class school district and one from a second class school district;

(f) Two members who are superintendents, with one from a first class school district and one from a second class school district;

(g) Two members representing institutions with state board of education approved‑professional educator preparation programs;

(h) One member representing business;

(i) One member representing labor; and

(j) Two members representing parents.

(3) Members of the committee shall be reimbursed for expenses under RCW 43.03.050 and 43.03.060.

(4) This section shall expire June 30, 1994.

Sec. 407. RCW 28A.405.100 and 1990 c 33 s 386 are each amended to read as follows:

(1) The superintendent of public instruction shall establish and may amend from time to time minimum criteria for the evaluation of the professional performance capabilities and development of certificated classroom teachers and certificated support personnel. For classroom teachers the criteria shall be developed in the following categories: Instructional skill; classroom management, professional preparation and scholarship; effort toward improvement when needed; the handling of student discipline and attendant problems; and interest in teaching pupils and knowledge of subject matter.

Every board of directors shall, in accordance with procedure provided in RCW 41.59.010 through 41.59.170, 41.59.910 and 41.59.920, establish evaluative criteria and procedures for all certificated classroom teachers and certificated support personnel. The evaluative criteria must contain as a minimum the criteria established by the superintendent of public instruction pursuant to this section and must be prepared within six months following adoption of the superintendent of public instruction's minimum criteria. The district must certify to the superintendent of public instruction that evaluative criteria have been so prepared by the district.

((~~Except as provided in subsection (5) of this section,~~)) It shall be the responsibility of a principal or his or her designee to evaluate all certificated personnel in his or her school. During each school year all classroom teachers and certificated support personnel, hereinafter referred to as "employees" in this section, shall be observed for the purposes of evaluation at least ((~~twice~~)) four times in the performance of their assigned duties. Total observation time for each employee for each school year shall be not less than ((~~sixty~~)) one hundred minutes. Following each observation, or series of observations, the principal or other evaluator shall promptly document the results of the evaluation in writing, and shall provide the employee with a copy thereof within three days after such report is prepared. New employees shall be observed at least ((~~once~~)) twice for a total observation time of ((~~thirty~~)) fifty minutes during the first ninety calendar days of their employment period.

Every employee whose work is judged unsatisfactory based on district evaluation criteria shall be notified in writing of stated specific areas of deficiencies along with a suggested specific and reasonable program for improvement on or before February 1st of each year. A probationary period shall be established beginning on or before February 1st and ending no later than May 1st. The purpose of the probationary period is to give the employee opportunity to demonstrate improvements in his or her areas of deficiency. The establishment of the probationary period and the giving of the notice to the employee of deficiency shall be by the school district superintendent and need not be submitted to the board of directors for approval. During the probationary period the evaluator shall meet with the employee at least twice monthly to supervise and make a written evaluation of the progress, if any, made by the employee. The evaluator may authorize one additional certificated employee to evaluate the probationer and to aid the employee in improving his or her areas of deficiency; such additional certificated employee shall be immune from any civil liability that might otherwise be incurred or imposed with regard to the good faith performance of such evaluation. The probationer may be removed from probation if he or she has demonstrated improvement to the satisfaction of the principal in those areas specifically detailed in his or her initial notice of deficiency and subsequently detailed in his or her improvement program. Lack of necessary improvement shall be specifically documented in writing with notification to the probationer and shall constitute grounds for a finding of probable cause under RCW 28A.405.300 or 28A.405.210.

The establishment of a probationary period shall not be deemed to adversely affect the contract status of an employee within the meaning of RCW 28A.405.300.

(2) Every board of directors shall establish evaluative criteria and procedures for all superintendents, principals, and other administrators. It shall be the responsibility of the district superintendent or his or her designee to evaluate all administrators. Such evaluation shall be based on the administrative position job description. Such criteria, when applicable, shall include at least the following categories: Knowledge of, experience in, and training in recognizing good professional performance, capabilities and development; school administration and management; school finance; professional preparation and scholarship; effort toward improvement when needed; interest in pupils, employees, patrons and subjects taught in school; leadership; and ability and performance of evaluation of school personnel.

(3) Each certificated employee shall have the opportunity for confidential conferences with his or her immediate supervisor on no less than two occasions in each school year. Such confidential conference shall have as its sole purpose the aiding of the administrator in his or her professional performance.

(4) The failure of any evaluator to evaluate or supervise or cause the evaluation or supervision of certificated employees or administrators in accordance with this section, as now or hereafter amended, when it is his or her specific assigned or delegated responsibility to do so, shall be sufficient cause for the nonrenewal of any such evaluator's contract under RCW 28A.405.210, or the discharge of such evaluator under RCW 28A.405.300.

(((5) After an employee has four years of satisfactory evaluations under subsection (1) of this section, a school district may use a short form of evaluation. The short form of evaluation shall include either a thirty minute observation during the school year with a written summary or a final annual written evaluation based on the criteria in subsection (1) of this section and based on at least two observation periods during the school year totaling at least sixty minutes without a written summary of such observations being prepared. However, the evaluation process set forth in subsection (1) of this section shall be followed at least once every three years and an employee or evaluator may request that the evaluation process set forth in subsection (1) of this section be conducted in any given school year. The short form evaluation process may not be used as a basis for determining that an employee's work is unsatisfactory under subsection (1) of this section nor as probable cause for the nonrenewal of an employee's contract under RCW 28A.405.210.))

NEW SECTION. Sec. 408. A new section is added to chapter 28A.410 RCW to read as follows:

The state board of education shall adopt rules authorizing persons with special knowledge or expertise in specific fields of knowledge to teach students. The rules shall include but not be limited to criteria for school districts to select persons, limitations on the subject matter that may be taught, supervision requirements, and time limits which shall not exceed four thousand hours of instruction. A school district shall not be required to demonstrate that a person with regular certification is unavailable. Persons shall not be hired under this section during a labor dispute.

PART 5

EDUCATION FOR HIGHLY CAPABLE STUDENTS

Sec. 501. RCW 28A.185.010 and 1984 c 278 s 12 are each amended to read as follows:

Pursuant to rules and regulations adopted by the superintendent of public instruction for the administration of this chapter, the superintendent of public instruction shall carry out a program for highly capable students. Such program ((~~may~~)) shall include conducting, coordinating and aiding in research (including pilot programs), disseminating information to local school districts, providing statewide staff development, and allocating to school districts supplementary funds for additional costs of district programs, as provided by RCW 28A.185.020.

Sec. 502. RCW 28A.185.020 and 1990 c 33 s 168 are each amended to read as follows:

((~~Supplementary~~)) (1) Funds ((~~as may~~)) shall be provided by the state for this program((~~, in accordance with RCW 28A.150.370, shall be categorical funding~~)) on an excess cost basis from appropriations provided by the legislature based upon a per student amount not to exceed three percent of any district's full‑time equivalent enrollment.

(2) The superintendent of public instruction shall submit to each regular session of the legislature during an odd‑numbered year a budget request for programs for highly capable students.

Sec. 503. RCW 28A.185.030 and 1984 c 278 s 13 are each amended to read as follows:

Local school districts ((~~may~~)) shall establish and operate, either separately or jointly, programs for highly capable students. Such authority shall include the right to employ and pay special instructors and to operate such programs jointly with a public institution of higher education. Local school districts which establish and operate programs for highly capable students shall adopt identification procedures and provide educational opportunities as follows:

(1) In accordance with rules and regulations adopted by the superintendent of public instruction, school districts shall implement procedures for nomination, assessment and selection of their most highly capable students. Nominations shall be based upon data from teachers, other staff, parents, students, and members of the community. Assessment shall be based upon a review of each student's capability as shown by multiple criteria intended to reveal, from a wide variety of sources and data, each student's unique needs and capabilities. Selection shall be made by a broadly based committee of professionals, after consideration of the results of the multiple criteria assessment.

(2) Students selected pursuant to procedures outlined in this section shall be provided, to the extent feasible, an educational opportunity which takes into account each student's unique needs and capabilities and the limits of the resources and program options available to the district, including those options which can be developed or provided by using funds allocated by the superintendent of public instruction for that purpose.

Sec. 504. RCW 28A.150.370 and 1990 c 33 s 114 are each amended to read as follows:

In addition to those state funds provided to school districts for basic education, the legislature shall appropriate funds for pupil transportation, in accordance with RCW 28A.150.100 through 28A.150.430, 28A.160.150 through 28A.160.220, 28A.300.170, and 28A.500.010, for highly capable students under chapter 28A.185 RCW, and for programs for handicapped students, in accordance with RCW 28A.155.010 through 28A.155.100. The legislature may appropriate funds to be distributed to school districts for population factors such as urban costs, enrollment fluctuations and for special programs, including but not limited to, vocational‑technical institutes, compensatory programs, bilingual education, urban, rural, racial and disadvantaged programs, ((~~programs for gifted students,~~)) and other special programs.

PART 6

BUSINESS AND SCHOOL PARTNERSHIPS‑‑TAX CREDITS

NEW SECTION. Sec. 601. A new section is added to chapter 82.04 RCW to read as follows:

In computing tax under this chapter, there is allowed a credit against the tax equal to twenty‑five percent of the fair market value of any donation of materials, equipment, real property, or services to a public school in the state of Washington if the school district superintendent or his or her designee accepts the donation. For any nonmonetary donation, the amount of the credit shall equal twenty‑five percent of the fair market value of the donation. If the amount of the credit exceeds the tax liability under this chapter, any excess may be carried forward to subsequent years. No tax credit may be claimed under this section until a copy of the written letter from the school district stating that the donation was accepted is sent to the department of revenue and the department of revenue approves the donation. The department of revenue shall by rule establish the procedure for granting the credit.

PART 7

LOCAL DECISIONS ON ACQUIRING EQUIPMENT

Sec. 701. RCW 84.52.053 and 1987 1st ex.s. c 2 s 103 are each amended to read as follows:

The limitations imposed by RCW 84.52.050 through 84.52.056, and 84.52.043 shall not prevent the levy of additional taxes by school districts, when authorized so to do by the electors of such school district in the manner and for the purposes and number of years allowable under Article VII, section 2(a) of the Constitution of this state, as amended by Amendment 79 and as thereafter amended, at a special or general election to be held in the year in which the levy is made or, in the case of a proposition authorizing two‑year levies for maintenance and operation support of a school district or authorizing two‑year through six‑year levies to support the construction, modernization, or remodeling of school facilities, or both, at a special or general election to be held in the year in which the first annual levy is made((~~: PROVIDED, That~~)). The two‑year through six‑year levy authorized by this section for the construction, modernization, or remodeling of school facilities may be used to purchase capital equipment that constitutes a fixture or interconnected system that is not part of a construction project. Such proceeds may be used to expand an existing interconnected system and may be used to purchase replacement equipment if the replacement equipment is modernizing or upgrading an existing system or interconnected system. Once additional tax levies have been authorized for maintenance and operation support of a school district for a two year period, no further additional tax levies for maintenance and operation support of the district for that period may be authorized.

PART 8

STUDENT COMPETENCY

NEW SECTION. Sec. 801. A new section is added to chapter 28A.230 RCW to read as follows:

(1) The board of directors of each school district shall prepare and administer a standardized state‑wide high school core competency achievement test to measure acquisition of the competencies described in local district student learning objectives. A student shall not receive a high school diploma unless the student passes the high school competency test. Students may take the test at any point, until passed, in their high school program or until graduation. Experiences for which testing is not appropriate may be demonstrated by successful completion of relevant course work. Students with special educational needs may participate in this program to the extent of their capabilities. Unless stated in the student's individual education plan, this section does not apply to students with handicapping conditions under chapter 28A.155 RCW.

(2) The state board of education shall require a diagnostic test to be given to each high school student who scores below the twenty‑fifth percentile in the eighth or eleventh grade assessments or who has not passed the test under subsection (1) of this section. The diagnostic tests shall be used to identify students who need help to remedy deficiencies and the assistance needed before those students graduate from high school.

PART 9

EARLY CHILDHOOD EDUCATION

Sec. 901. RCW 28A.215.100 and 1985 c 418 s 1 are each amended to read as follows:

It is the intent of the legislature to establish a preschool state education and assistance program. This special assistance program is a voluntary enrichment program to help prepare some children to enter the common school system and shall be offered ((~~only as funds are available~~)) to all eligible children not served by a comparable federally funded program. This program is ((~~not a~~)) part of the basic program of education which must be fully funded by the legislature under Article IX, section 1 of the state Constitution. It is the further intent of the legislature that the services of the program be delivered by a variety of service providers including but not limited to school districts, private nonprofit agencies and municipal corporations, and that the program continue to be administered by the department of community development.

Sec. 902. RCW 28A.215.180 and 1990 c 33 s 214 are each amended to read as follows:

((For the purposes of RCW 28A.215.100 through 28A.215.200 and 28A.215.900 through 28A.215.908, the department may award state support under RCW 28A.215.100 through 28A.215.160 to increase the numbers of eligible children assisted by the federal or state-supported preschool programs in this state by up to five thousand additional children. Priority shall be given to groups in those geographical areas which include a high percentage of families qualifying under the federal "at risk" criteria.)) The overall program funding level shall be based on an average grant per child consistent with state appropriations made for program costs: PROVIDED, That programs addressing special needs of selected groups or communities shall be recognized in the department's rules.

PART 10

CHILD CARE

Sec. 1001. RCW 28A.215.010 and 1969 ex.s. c 223 s 28A.34.010 are each amended to read as follows:

(1) The board of directors of any school district shall have the power to establish and maintain nursery schools and to provide before-and-after-school and vacation care in connection with the common schools of said district located at such points as the board shall deem most suitable for the convenience of the public, for the care and instruction of infants and children residing in said district.

(2) The school board shall establish such courses, activities, rules, and regulations governing nursery schools and before-and-after-school care as it may deem best including, but not limited to, rules governing qualifications for persons providing services and program standards: PROVIDED, That these courses and activities shall meet the minimum standards ((~~for such nursery schools as established by the United States Department of Health, Education and Welfare, or its successor agency~~)) under federal law and regulation, and under rules adopted by the ((~~state board of education~~)) superintendent of public instruction. The rules adopted for child care programs under this section shall be developed and agreed to by the department of social and health services and the superintendent of public instruction.

(3) Except as otherwise provided by state or federal law, the school district board of directors may fix a reasonable charge for the care and instruction of children attending ((~~such schools~~)) nursery school or receiving child care. The board may, if necessary, supplement such funds as are received for the superintendent of public instruction or any agency of the federal government, by an appropriation from the general school fund of the district.

Sec. 1002. RCW 28A.215.020 and 1990 c 33 s 210 are each amended to read as follows:

Expenditures under federal funds and/or state appropriations made to carry out the purposes of RCW 28A.215.010 through 28A.215.050 and 28A.215.300 through 28A.215.330 shall be made by warrants issued by the state treasurer upon order of the superintendent of public instruction. The ((~~state board of education~~)) superintendent of public instruction shall make necessary rules and regulations to carry out the purpose of RCW 28A.215.010.

Sec. 1003. RCW 28A.215.040 and 1973 1st ex.s. c 154 s 45 are each amended to read as follows:

Every board of directors shall have power to establish, equip and maintain nursery schools and/or provide before-and-after-school care and vacation care for children of working parents, in cooperation with the federal government or any of its agencies, when in their judgment the best interests of their district will be subserved thereby.

NEW SECTION. Sec. 1004. A new section is added to chapter 28A.215 RCW to read as follows:

Facilities for child care programs under RCW 28A.215.010 shall be designed to be conducive to learning and meet the needs of children. The facilities shall comply with an annual fire, health, and safety inspection. The facilities shall be accessible to handicapped children.

PART 11

SUPERINTENDENT OF PUBLIC INSTRUCTION

NEW SECTION. Sec. 1101. RCW 28A.300.010 and 1990 c 33 s 250 & 1969 ex.s. c 223 s 28A.03.010 are each repealed.

NEW SECTION. Sec. 1102. The superintendent of public instruction shall serve the remainder of the four-year term of office for which elected in 1988 and until the successor is appointed and qualified.

NEW SECTION. Sec. 1103. A new section is added to chapter 28A.300 RCW to read as follows:

The superintendent of public instruction shall be appointed by the governor subject to confirmation by the senate. The governor shall select the superintendent from a list of three names submitted by the state board of education. The superintendent shall be appointed for a four-year term.

NEW SECTION. Sec. 1104. Sections 1101 through 1103 of this act shall take effect June 30, 1992, if the proposed amendment to Article III, section 1 of the state Constitution providing for the appointment of the superintendent of public instruction by the governor, Senate Joint Resolution No. ...... (S-0410/91), is validly submitted to and is approved and ratified by the voters at a general election to be held in November 1991. If this proposed amendment is not so approved and ratified, sections 1101 through 1103 of this act are void in their entirety.

Sec. 1105. RCW 28A.315.540 and 1987 c 307 s 2 are each amended to read as follows:

Each member of the board of directors of a school district may receive the compensation ((~~of fifty dollars per day or portion thereof~~)) for attending board meetings and for performing other services on behalf of the school district((~~, not to exceed four thousand eight hundred dollars per year, if~~)) as the district board of directors ((~~has authorized~~)) authorizes by board resolution, at a regularly scheduled meeting, the provision of such compensation. A board of directors of a school district may authorize such compensation only from locally collected excess levy funds available for that purpose, and compensation for board members shall not cause the state to incur any present or future funding obligation.

Any director may waive all or any portion of his or her compensation under this section as to any month or months during his or her term of office, by a written waiver filed with the district as provided in this section. The waiver, to be effective, must be filed any time after the director's election and before the date on which the compensation would otherwise be paid. The waiver shall specify the month or period of months for which it is made.

The compensation provided in this section shall be in addition to any reimbursement for expenses paid to such directors by the school district.

NEW SECTION. Sec. 1106. A new section is added to chapter 28A.315 RCW to read as follows:

In connection with a primary or general election for board of director positions, the board of directors of any school district may, after holding a regularly scheduled meeting preceded by publishing notice in a daily newspaper of general circulation one week before the hearing, do one or both of the following:

(1) Establish total dollar limits on individuals' and organizations' campaign contributions;

(2) Authorize reasonable expenditures of district excess levy funds for direct campaign purposes, on a matching basis with private contributions, toward the election campaigns. The district may establish a requirement that the candidate agree to limitations on campaign expenditures as a condition of accepting moneys from excess levy funds.

Sec. 1107. RCW 28A.315.450 and 1980 c 35 s 1 are each amended to read as follows:

The governing board of a school district shall be known as the board of directors of the district.

(1) Unless otherwise specifically provided, as in RCW 29.13.060 or as provided in subsection (3) of this section, each member of a board of directors shall be elected by ballot by the registered voters of the school district and shall hold office for a term of four years and until a successor is elected and qualified. Terms of school directors shall be staggered, and insofar as possible, not more than a majority of one shall be elected to full terms at any regular election. In case a member or members of a board of directors are to be elected to fill an unexpired term or terms, the ballot shall specify the term for which each such member is to be elected.

(2) Except for a school district of the first class having within its boundaries a city with a population of four hundred thousand people or more in class AA counties which shall have a board of directors of seven members, the board of directors of every school district of the first class or school district of the second class shall consist of five members.

(3) The members of a school district board of directors in a school district of the first class having within its boundaries a city with a population of four hundred thousand people or more in class AA counties may be appointed by the mayor with the approval of the city council if approved by the voters at a regular election. The measure may be placed on the ballot by vote of the city council or by resolution of the school district board of directors.

PART 12

SCHOOL DISTRICT ACCOUNTABILITY

NEW SECTION. Sec. 1201. A new section is added to chapter 28A.320 RCW to read as follows:

(1) The superintendent of public instruction shall develop an investigation and evaluation system to identify school districts that have deficiencies severe enough to preclude an adequate education for the children in those districts. Based on the investigation, the superintendent of public instruction shall issue a report documenting any irregularities.

(2) If the superintendent of public instruction determines that a local school district has failed to assure a thorough and efficient system of education, the superintendent of public instruction may issue an order suspending the powers of the school district board of directors for up to three years and creating a state‑operated school district for that term.

(3) The superintendent of public instruction shall appoint a state district superintendent for each state‑operated school district who shall serve for the term of the state‑operated school district. The individual selected shall be qualified by training and experience appropriate for the particular district.

(4) Within four months after the establishment of a state‑operated school district, the state district superintendent for that district shall present a corrective action plan and timetable developed for that district. At least once each year the state district superintendent shall report to the superintendent of public instruction on the progress made in implementing the corrective action plan and the prospects for return of the district to local control.

(5) If a state‑operated school district has not met the requirements of the corrective action plan by the time the district is to be returned to local control, the superintendent of public instruction shall order an additional term of up to three years for the state‑operated school district.

NEW SECTION. Sec. 1202. (1) The head teacher pilot project is created. The superintendent of public instruction may select not more than five districts, from those that apply, to participate in the project. The districts selected shall be of different sizes and from different regions of the state and have a minimum of twenty‑five percent of the schools within the districts participating in the project.

(2) The project shall be designed to encourage schools to try different styles of participatory management within school buildings. In the participating schools, a head teacher shall replace the principal as the school administrator. The head teacher shall have administrative and teaching responsibilities. The position of head teacher may be shared by more than one person.

(3) The participating school districts shall report to the superintendent of public instruction on the head teacher pilot project. Included in the report shall be the reactions of students, teachers, and parents to the project. Particular issues analyzed in the report shall include but not be limited to: Evaluation of teachers, student discipline, community relations, staff satisfaction, and changes, if any in the school budget. The superintendent of public instruction shall compile the reports and submit a report to the legislature by December 15, 1993.

(4) This section shall expire December 31, 1993.

PART 13

VOCATIONAL EDUCATION

NEW SECTION. Sec. 1301. A new section is added to chapter 28A.300 RCW to read as follows:

(1) The superintendent of public instruction of public instruction shall develop model curricula for the integration of vocational and academic programs and distribute curricula to educational service districts and school districts;

(2) The office of the superintendent of public instruction shall develop in-service training programs on the use of the curricula under subsection (1) of this section;

(3) The superintendent of public instruction shall work with the state institutions of higher education to establish course equivalencies, as applicable, for college entrance requirements.

PART 14

REPEAL OF BASIC EDUCATION ACT

NEW SECTION. Sec. 1401. The following acts or parts of acts, as now existing or hereafter amended, are each repealed effective January 1, 1994:

(1) RCW 28A.150.200 and 1990 c 33 s 104 & 1977 ex.s. c 359 s 1;

(2) RCW 28A.150.210 and 1977 ex.s. c 359 s 2;

(3) RCW 28A.150.220 and 1990 c 33 s 105, 1982 c 158 s 1, 1979 ex.s. c 250 s 1, & 1977 ex.s. c 359 s 3;

(4) RCW 28A.150.230 and 1990 c 33 s 106, 1979 ex.s. c 250 s 7, & 1977 ex.s. c 359 s 18;

(5) RCW 28A.150.240 and 1979 ex.s. c 250 s 5 & 1977 ex.s. c 359 s 19;

(6) RCW 28A.150.250 and 1990 c 33 s 107, 1987 1st ex.s. c 2 s 201, 1986 c 144 s 1, 1983 c 3 s 30, 1982 c 158 s 3, 1982 c 158 s 2, 1980 c 154 s 12, 1979 ex.s. c 250 s 2, 1977 ex.s. c 359 s 4, 1975 1st ex.s. c 211 s 1, 1973 2nd ex.s. c 4 s 1, 1973 1st ex.s. c 195 ss 9, 136, 137, 138, 139, & 1973 c 46 s 2;

(7) RCW 28A.150.260 and 1990 c 33 s 108, 1987 1st ex.s. c 2 s 202, 1985 c 349 s 5, 1983 c 229 s 1, 1979 ex.s. c 250 s 3, 1979 c 151 s 12, 1977 ex.s. c 359 s 5, & 1969 ex.s. c 244 s 14;

(8) RCW 28A.150.270 and 1985 c 7 s 89 & 1980 c 154 s 13;

(9) RCW 28A.150.280 and 1990 c 33 s 110, 1990 c 33 s 109, 1981 c 343 s 1, 1981 c 265 s 9, 1981 c 265 s 8, 1977 ex.s. c 359 s 6, 1977 c 80 s 3, 1975 1st ex.s. c 275 s 60, 1972 ex.s. c 85 s 1, 1971 c 48 s 14, & 1969 ex.s. c 223 s 28A.41.160;

(10) RCW 28A.150.290 and 1990 c 33 s 111, 1981 c 285 s 1, 1979 ex.s. c 250 s 6, 1973 1st ex.s. c 78 s 1, 1972 ex.s. c 105 s 4, 1971 c 46 s 1, 1969 ex.s. c 3 s 2, & 1969 ex.s. c 223 s 28A.41.170; and

(11) RCW 28A.150.295 and 1969 ex.s. c 223 s 28A.02.010.

PART 15

MISCELLANEOUS

NEW SECTION. Sec. 1501. If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected.