S-0335.2/91 2nd   _______________________________________________

 

                                 SENATE BILL 5181

                  _______________________________________________

 

State of Washington              52nd Legislature             1991 Regular Session

 

By Senators Oke, Bailey, Rinehart, Erwin, Gaspard, Anderson, A. Smith, Metcalf, Craswell, Talmadge, Saling, Roach, Murray, Madsen, von Reichbauer, Nelson, Owen, Johnson, Newhouse, Bauer, Vognild, Barr, Rasmussen, L. Kreidler, Moore, Amondson and Thorsness.

 

Read first time January 23, 1991.  Referred to Committee on Education.Changing provisions relating to technological and vocational education.


     AN ACT Relating to technological and vocational education; amending RCW 28B.80.350; adding new sections to Title 28A RCW; adding a new section to chapter 28B.80 RCW; adding a new section to chapter 28B.50 RCW; adding new sections to chapter 28A.150 RCW; adding a new section to chapter 28A.300 RCW; adding a new section to chapter 28B.10 RCW; creating new sections; making appropriations; providing an effective date; providing an expiration date; and declaring an emergency.

 

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

 

     NEW SECTION.  Sec. 1.      (1) The legislature recognizes that students now and in the future will need to acquire certain skills to be better prepared to function in a rapidly changing society, including an ever changing workplace environment.  As we continue to experience the fast-paced social evolution into an information and service-oriented age, individuals' abilities to assimilate information quickly and their capacity to adjust to new circumstances are rapidly becoming new fundamental skills.

     (2) New technologies are being introduced into the education system but need to be introduced more quickly and equitably across the curriculum.  At the same time, teachers and students need to become familiar with the educational technologies and to learn how to use these technologies to enhance the educational experience.

     (3) The legislature finds that providing for the integration of technology in education, providing resources to enhance vocational education programs, facilitating the integration of academics and vocational education, and encouraging innovative developments in the use of technology and vocational education will make students better prepared to meet the challenges of the twenty-first century.

 

                                      PART 1

         INNOVATIONS IN VOCATIONAL EDUCATION FOR THE TWENTY-FIRST CENTURY

 

     NEW SECTION.  Sec. 101.    The innovations in vocational education program for the twenty-first century is created.  The program shall encourage the development of new and the improvement of existing vocational projects to help students learn the skills necessary to meet the challenges of an increasingly technological and ever-changing workplace.  Goals of projects within the program shall include but not be limited to:

     (1) Encouraging the integration between academic and vocational programs with the following specific items addressed:

     (a) Revision of instructional strategies and materials used in vocational courses to establish higher academic standards and expectations for students;

     (b) Development of a challenging multiyear program of study that combines academic and vocational elements designed both to prepare students for employment after high school and for further education;

     (c) Access to rewarding and demanding vocational programs and academic courses for underachieving students and methods of providing needed extra assistance;

     (d) Coordination among secondary and postsecondary vocational education programs;

     (e) Coordination among vocational and academic administrators and teachers and school counselors, business, and labor, and representatives of postsecondary education to identify, specify, and develop methods to assess minimum levels of academic achievement and technical competencies;

     (f) Providing assistance to students in selecting courses and choosing careers;

     (g) Expanding efforts to assist students in finding employment or entering an institution of postsecondary education;

     (h) Establishing performance indicators both to track and report annual progress;

     (i) Providing information about the program throughout the state; and

     (j) Identifying the professional development needed by teachers and administrators to assist in the integration of academic and vocational skills;

     (2) Encouraging collaborative models among schools and school districts, educational service districts, interdistrict cooperatives, skills centers, public vocational technical institutes, community colleges, business, labor, and industry;

     (3) Encouraging the development of workplace competencies and concepts that transcend particular occupational skills;

     (4) Encouraging the effective administration of vocational programs; and

     (5) Developing modifications in curriculum, instruction, and program delivery to address changing technology and changing students' needs.

 

     NEW SECTION.  Sec. 102.    (1) The superintendent of public instruction, with the assistance of the state board of education and in consultation with the state board for vocational education and the state board for community college education, shall develop a process for public schools or school districts, educational service districts, interdistrict cooperatives, skills centers, public vocational technical institutes, and community colleges to participate in the innovations in vocational education program for the twenty-first century.

     (2) The superintendent of public instruction shall review and select projects for the grant awards, and monitor and evaluate programs operated by grant recipients.

     (3) The superintendent of public instruction shall evaluate the program on a state-wide basis.

 

     NEW SECTION.  Sec. 103.    The superintendent of public instruction, after reviewing project proposals, shall, subject to money being appropriated by the legislature for this purpose, select not more than twenty-one projects during each biennium for the innovations in vocational education program.  The projects should reflect a balance among rural and urban areas, geographical areas, and school characteristics and sizes.  The projects may be awarded to a public high school, a school district containing one or more high schools, a skills center, an educational service district, an interdistrict cooperative, a public vocational technical institute, or a community college.  An award to a community college shall be made only if the project involves a school or school district, educational service district, interdistrict cooperative, public vocational technical institute, or skills center. Applications from two or more school districts, educational service districts, combinations of school districts and community college districts through an agreement under RCW 28B.50.530,  or any combination are encouraged.

 

     NEW SECTION.  Sec. 104.    Initial applications to participate in the innovations in vocational education program shall be submitted to the office of the superintendent of public instruction not later than September 30, 1991, for implementation beginning December 30, 1991.  Subject to available funding, additional applications may be submitted to the superintendent of public instruction for consideration by November 1 of subsequent years.  Each application shall contain a proposed plan that:

     (1) Describes specific activities to be carried out as part of the project;

     (2) Provides for all parties to work cooperatively during the term of the project;

     (3) Includes provisions for certificated school staff providing instruction in vocational education programs, and classified school employees with primary roles in implementing and conducting the plan,  to be employed on supplemental contracts with additional compensation for an average of ten additional days beyond the general state-funded school year allocations for each participating employee, and staff development time as provided by legislative appropriation.  Notwithstanding the provisions of RCW 28A.400.200, district resources may be used to fund the employment of school district staff beyond the average of ten additional days for the purposes of the project;

     (4) Includes budget plans for the project and additional anticipated sources of funding, including private grants and contributions, if any;

     (5) Identifies the technical resources desired, the potential costs of those resources, and the institutions of higher education, businesses, industries, labor organizations, educational service districts, or consultants available to provide such resources;

     (6) Identifies the evaluation and accountability processes to be used to measure student, project, and staff performance;

     (7) Justifies each request for waiver of specific state statutes or administrative rules during at least the first two years of the program;

     (8) Includes a written statement that school directors and administrators and community college boards of trustees, if applicable, are willing to exempt the projects from specifically identified local rules, as needed;

     (9) Includes a written statement that the school directors and community college board of trustees and the local bargaining agents will modify those portions of their local agreements as applicable for the projects;

     (10) Includes a written statement that model curriculum programs developed under RCW 28A.300.110 have been considered, if applicable;

     (11) Includes written statements of support from the school district board of directors, the school district superintendent, and the principal and staff of the building requesting to become a project, and statements of support, willingness to participate, or concerns from any interested parent, business, or community organization; and

     (12) Includes written statements of support from the community college board of trustees and the community college president and staff of the community college requesting to become a project, if applicable.

 

     NEW SECTION.  Sec. 105.    (1) The superintendent of public instruction shall administer sections 101 through 111 of this act and is authorized to award grant funding, subject to money being appropriated by the legislature for this purpose, for projects selected by the superintendent of public instruction under section 103 of this act.

     (2) The superintendent of public instruction shall distribute the initial award grants by December 1, 1991.  The initial projects under the innovations in vocational education program shall begin during the 1991-92 school year.

     (3) The projects for the innovations in vocational education program may be conducted for up to six years, if funds are so provided.  Subject to approval by the superintendent of public instruction and continued state funding, projects initially funded for two years may be extended for a total period not to exceed six years.  Future funding shall be conditioned on a positive evaluation of the project.

 

     NEW SECTION.  Sec. 106.    (1) The superintendent of public instruction may accept, receive, and administer for the purposes of sections 101 through 111 of this act such gifts, grants, and contributions as may be provided from public and private sources for the purposes of sections 101 through 111 of this act.

     (2) The innovations in vocational education program account is hereby established in the custody of the state treasurer.  The superintendent of public instruction shall deposit in the account all moneys received under this section.  Moneys in the account may be spent only for the purposes of sections 101 through 111 of this act.  Disbursements from this account shall be on the authorization of the superintendent of public instruction or the superintendent's designee.  The account is subject to the allotment procedure provided under chapter 43.88 RCW, but no appropriation is required for disbursements.

 

     NEW SECTION.  Sec. 107.    (1) The superintendent of public instruction, where appropriate, or the state board of education, where appropriate, is authorized to grant waivers to project applicants from the provisions of statutes or administrative rules relating to:  Graduation requirements under RCW 28A.230.090; student to teacher ratios; teacher contact hour requirements under RCW 28A.150.260; teacher certification requirements; program approval standards; the commingling of funds appropriated by the legislature for vocational education programs and basic education programs if not inconsistent with federal laws or regulations;  and other administrative rules which in the opinion of the superintendent of public instruction or the state board of education may need to be waived to implement a project proposal.

     (2) State rules dealing with public health, safety, and civil rights, including accessibility by the handicapped, shall not be waived.

     (3) A school district may request the state board of education or superintendent of public instruction to ask the United States department of education, the United States department of labor, or other federal agencies to waive certain federal regulations necessary to implement the proposed project.

     (4) The superintendent of public instruction and the state board of education shall work with the state board for community college education and the higher education coordinating board for the waiver of applicable college entrance requirements and for the establishment of course equivalency requirements for students participating in projects under sections 101 through 111 of this act.

     (5) The superintendent of public instruction and the state board of education shall seek the waiver of any applicable provisions of the job skills program under RCW 28C.04.400 through 28C.04.480.

 

     NEW SECTION.  Sec. 108.    The superintendent of public instruction shall ensure that successful applicants will be afforded resources and special support assistance, as specified in legislative appropriations, in undertaking activities for the innovations in vocational education program.  The superintendent of public instruction shall develop a process that coordinates and facilitates linkages among participating school districts, community colleges, business, labor, and industry.  Staff from schools or school districts, public vocational technical institutes, educational service districts, skills centers, and community colleges selected to participate in the innovations in vocational education program shall be given priority consideration for participation in state sponsored staff development programs and summer institutes which are directly related to the goals of the selected projects.

 

     NEW SECTION.  Sec. 109.    (1)  The superintendent of public instruction may adopt rules under chapter 34.05 RCW as necessary to implement the superintendent's duties under sections 101 through 111 of this act.

     (2) The state board of education may adopt rules under chapter 34.05 RCW as necessary to implement its duties under sections 101 through 111 of this act.

 

     NEW SECTION.  Sec. 110.    (1) The superintendent of public instruction shall report to the legislature on the progress of the innovations in vocational education program by January 15 of each odd-numbered year, including a recommendation on the number of additional projects which should be authorized and funded.  The first report shall be submitted by January 15, 1993.

     (2) Each applicant selected to participate in the innovations in vocational education program shall submit an annual report to the superintendent of public instruction on the progress of the project as a condition of receipt of continued funding.

 

     NEW SECTION.  Sec. 111.    The superintendent of public instruction, through the state clearinghouse for education information, shall collect and disseminate to all school districts and other interested parties information about the innovations in vocational education program.

 

     NEW SECTION.  Sec. 112.  A new section is added to chapter 28B.80 RCW to read as follows:

     The higher education coordinating board shall review the entrance requirements for the state institutions of higher education and shall work with the boards of trustees and the boards of regents of the state universities, the regional universities, and The Evergreen State College and the superintendent of public instruction and the state board of education regarding waiving certain entrance requirements or developing course equivalencies for students enrolled in a program under sections 101 through 111 of this act.

 

     NEW SECTION.  Sec. 113.  A new section is added to chapter 28B.50 RCW to read as follows:

     The state board for community college education may adopt rules under chapter 34.05 RCW as necessary to implement the board's duties under sections 101 through 111 of this act.

 

     NEW SECTION.  Sec. 114.    Sections 101 through 111 of this act shall constitute a new subchapter within a new chapter which is added to Title 28A RCW with the subchapter heading "innovations in vocational education program for the twenty-first century."

 

     NEW SECTION.  Sec. 115.    Sections 101 through 114 of this act shall expire June 30, 1999.

 

                                      PART 2

              VOCATIONAL EDUCATION INSTRUCTION‑-STUDENT/TEACHER RATIO

 

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

     Commencing with the 1991-92 school year, the formula adopted by the legislature pursuant to RCW 28A.150.260 shall include a ratio of ninety-two one-hundredths certificated instructional staff and eight one-hundredths certificated administrative staff to sixteen and sixty-seven one-hundredths annual average full-time equivalent students in grades nine through twelve enrolled in vocational education programs approved by the superintendent of public instruction:  PROVIDED, That any increase in funds generated by the change in the ratio of certificated personnel to annual average full-time equivalent vocational students shall be used by local school districts to provide additional state support for their vocational education programs commencing with the 1991-92 school year.

 

     NEW SECTION.  Sec. 202.  A new section is added to chapter 28A.150 RCW to read as follows:

     The superintendent of public instruction shall adopt rules that establish general program approval standards for determining the terms and conditions under which school districts are eligible to receive state funds for secondary vocational education.  The standards shall include a provision regarding the use of extended or supplemental contracts for certificated vocational education instructors in vocational fields and provide assistance to districts in determining when to offer such contracts.

 

                                      PART 3

                 LOCAL PLANNING FOR VOCATIONAL EDUCATION INCLUDING

                               PURCHASE OF EQUIPMENT

 

     NEW SECTION.  Sec. 301.    (1) Each school district, skills center, educational service district, interdistrict cooperative, or public vocational technical institute receiving state funds for vocational programs shall consult with a local advisory council on vocational education.  The district may create a council or may use an existing entity that meets the requirements of this section and sections 302 and 303 of this act.  Joint councils may be established.

     (2) The councils shall be composed of members who are representative of the population found in the area that the council serves.  The council shall be composed of representatives of the general public including at a minimum representatives of business, industry, labor, and spokespersons for persons with disabilities.

 

     NEW SECTION.  Sec. 302.    The local advisory council shall provide advice and assistance to the school district, skills center, educational service district, interdistrict cooperative,  or public vocational technical institute on:

     (1) Selecting equipment and instructional materials and establishing specifications for training areas.  The council shall suggest ways to provide for the efficient and effective use of equipment and insure maximum use of the equipment;

     (2) Determining training needs;

     (3) Determining content and length of courses;

     (4) Determining current and future employment opportunities and requirements;

     (5) Making recommendations to help provide for experienced and knowledgeable instructors; and

     (6) Providing support for the entire vocational education program.

 

     NEW SECTION.  Sec. 303.    A school district shall only be eligible to receive funds to upgrade or to acquire equipment for vocational education programs if the district in consultation with the local advisory council has developed a vocational education program improvement component within their plan.  The improvement component shall describe:  Methods for strengthening vocational education; business and industry partnerships; the potential to aid local economic development; staff training; the need for extended or supplemental contracts for specific certificated instructional staff in vocational programs; job placement; consistency with the state plan for vocational education; and the basic skills and core competencies required for successful employment.  In developing the plan, coordination with community colleges, business and industry, and other school districts, educational service districts, interdistrict cooperatives, skills centers, and public vocational technical institutes shall be considered.  The plan shall be revised at least once every two years.

 

     NEW SECTION.  Sec. 304.    The entity in the state of Washington qualifying as the entity for the receipt of federal funds shall, with available funds, provide technical assistance to local vocational education advisory committees.

 

     NEW SECTION.  Sec. 305.    Sections 301 through 303 of this act shall constitute a new subchapter within a new chapter which is added to Title 28A RCW with the subchapter heading "local planning for vocational education."

 

                                      PART 4

                         VOCATIONAL AGRICULTURAL EDUCATION

 

     NEW SECTION.  Sec. 401.  A new section is added to chapter 28A.300 RCW to read as follows:

     Each vocational agriculture education service area shall encourage greater student and teacher knowledge of environmentally sensitive and low-input agricultural and landscaping practices, water conservation, and agricultural worker protections.

 

                                      PART 5

              COURSE EQUIVALENCIES‑-ADMISSION STANDARDS TO FOUR-YEAR

                         INSTITUTIONS OF HIGHER EDUCATION

 

     NEW SECTION.  Sec. 501.  A new section is added to chapter 28B.10 RCW to read as follows:

     In developing admission standards, each four-year institution of higher education shall recognize the relevance of vocational education courses and the competencies taught in such courses and shall make every effort to designate applicable vocational education courses as course equivalencies.

 

     Sec. 502.  RCW 28B.80.350 and 1988 c 172 s 4 are each amended to read as follows:

     The board shall coordinate educational activities among all segments of higher education taking into account the educational programs, facilities, and other resources of both public and independent two and four-year colleges and universities.  The four-year institutions and the state board for community college education shall coordinate information and activities with the board.  The board shall have the following additional responsibilities:

     (1) Promote interinstitutional cooperation;

     (2) Establish minimum admission standards for four-year institutions, including a requirement that coursework in sign language shall satisfy any foreign language requirement the board or the institutions may establish as a general undergraduate admissions requirement.  The standards shall include recognition of the relevance of vocational education courses and the competencies taught in such courses and the use of vocational education courses having academic equivalencies to meet admission requirements to four-year institutions;

     (3) Establish transfer policies;

     (4) Adopt rules implementing statutory residency requirements;

     (5) Develop and administer reciprocity agreements with bordering states and the province of British Columbia;

     (6) Review and recommend compensation practices and levels for administrative employees, exempt under chapter 28B.16 RCW, and faculty using comparative data from peer institutions;

     (7) Monitor higher education activities for compliance with all relevant state policies for higher education;

     (8) Arbitrate disputes between and among four-year institutions or between and among four-year institutions and community colleges at the request of one or more of the institutions involved, or at the request of the governor, or from a resolution adopted by the legislature. The decision of the board shall be binding on the participants in the dispute;

     (9) Establish and implement a state system for collecting, analyzing, and distributing information;

     (10) Recommend to the governor and the legislature ways to remove any economic incentives to use off-campus program funds for on-campus activities; and

     (11) Make recommendations to increase minority participation, and monitor and report on the progress of minority participation in higher education.

 

                                      PART 6

                                  APPROPRIATIONS

 

     NEW SECTION.  Sec. 601.    The sum of two million five hundred thousand dollars, or as much thereof as may be necessary, is appropriated from the general fund to the superintendent of public instruction for the purposes of the innovations in vocational education program for the twenty-first century under sections 101 through 111 of this act for the biennium ending June 30, 1993.

 

     NEW SECTION.  Sec. 602.    The sum of four million eight hundred thousand dollars, or as much thereof as may be necessary, is appropriated from the general fund for the biennium ending June 30, 1993, to the superintendent of public instruction for the purposes of section 201 of this act.

 

     NEW SECTION.  Sec. 603.    The sum of eight million dollars, or as much thereof as may be necessary, is appropriated from the general fund for the biennium ending June 30, 1993, to the superintendent of public instruction for the purposes of purchasing equipment and for the nonemployee-related costs associated with the use of that equipment for vocational education programs developed in plans as provided in sections 301 through 303 of this act.  Not more than ten percent of the funds may be used for the installation of the equipment and staff training in the use of the equipment.  Districts shall not receive less than three thousand dollars.

 

     NEW SECTION.  Sec. 604.    The sum of fifty thousand dollars, or as much thereof as may be necessary, is appropriated for the biennium ending June 30, 1993, from the general fund to the governor to distribute to the entity in the state of Washington qualifying as the entity for the receipt of federal funds for the purpose of providing technical assistance to local vocational education advisory committees.

 

     NEW SECTION.  Sec. 605.    The sum of four million dollars, or as much thereof as may be necessary, is appropriated for the biennium ending June 30, 1993, from the general fund to the superintendent of public instruction for the purpose of allocating funds to school districts for extended contracts or supplemental contracts for certificated instructional staff in approved vocational education programs.

 

     NEW SECTION.  Sec. 606.    The sum of five hundred thousand dollars, or as much thereof as may be necessary, is appropriated for the biennium ending June 30, 1993, from the general fund to the superintendent of public instruction to provide for vocational teacher recruitment, preparation, and training, including the recruitment of minority teachers.

 

                                      PART 7

                                   MISCELLANEOUS

 

     NEW SECTION.  Sec. 701.    Subchapter headings used in this act do not constitute any part of the law.

 

     NEW SECTION.  Sec. 702.    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.

 

     NEW SECTION.  Sec. 703.    If any part of this act is found to be in conflict with federal requirements which are a prescribed condition to the allocation of federal funds to the state, the conflicting part of this act is hereby declared to be inoperative solely to the extent of the conflict and with respect to the agencies directly affected, and such finding or determination shall not affect the operation of the remainder of this act in its application to the agencies concerned.

 

     NEW SECTION.  Sec. 704.    This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and shall take effect July 1, 1991.