S-0147

AN ACT Relating to educational excellence; amending RCW 28A.305.140 and 28A.150.260; adding new sections to chapter 28A.630 RCW; creating new sections; making appropriations; providing an expiration date; and declaring an emergency.

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

PART I

REACH FOR EXCELLENCE GRANT PROGRAM

NEW SECTION. Sec. 101. (1) The legislature believes that attaining the vision for excellence in education under Senate Concurrent Resolution No. ____ (S-0225/91) will require new state-supported opportunities for schools to implement strategies to improve student learning and skills. It is the intent of the legislature to provide additional support to schools or school districts to:

(a) Encourage students, parents, teachers, principals, classified school staff, school district personnel, the school board, and other citizens to become more active partners in the learning community of their school or district;

(b) Encourage schools or districts to select and compete against goals and educational outcomes tailored to their own learning community; and

(2) The reach for excellence grant program shall be:

(a) Responsive to local educational concerns and desires;

(b) Educational, focusing on improving student learning and skills and encouraging the development of new measures to assess student performance;

(c) Accountable, so that projects earn reach achievement awards linked directly to progress made toward identified educational outcomes;

(d) Collaborative, with projects reflecting a partnership between students, parents, teachers, principals, and others; and

(e) Home-based, tailored to the needs of each participating school.

NEW SECTION. Sec. 102. Unless the context clearly requires otherwise, the definitions in this section apply throughout sections 103 through 110 and 113 through 116 of this act.

(1) "Educational outcomes" and "target educational outcomes" mean expected levels of student performance and achievement, including student learning objectives required under RCW 28A.320.210.

(2) "Indicators" means institutional factors that may bear a relationship to student learning and can be used to help assess students' progress toward identified educational outcomes.

(3) "Context indicators" means variables that characterize the setting in which educational programs are delivered and generally are items over which schools have little control.

(4) "Process indicators" means variables that characterize how educational programs are delivered and generally are items over which schools have some control.

(5) "Grant" means state funds provided to a district with a selected reach for excellence project for use in the planning and initial implementation of the project.

(6) "Award" or "reach achievement award" means state funds provided to a reach project for progress made toward target educational outcomes.

NEW SECTION. Sec. 103. (1) From funds appropriated by the legislature, the state board of education shall establish the reach for excellence grant program to assist schools and school districts in local efforts to improve student learning and skills. Participation in the program shall be voluntary.

(2) The state board of education shall be responsible for final decisions regarding selection and funding levels of projects and for the manner in which reach achievement awards shall be distributed. Reach projects may be conducted for up to six years subject to funding and annual approval by the state board. No project may receive continued funding for additional planning or reach achievement awards without approval from the state board. The state board shall use the benchmark data for the target educational outcomes required under section 106(2)(e) of this act in annually assessing the progress made toward the target educational outcomes to determine project eligibility for annual reach achievement awards. In evaluating projects to determine their continuation the state board shall emphasize giving projects maximum flexibility and time to be successful.

(3) The superintendent of public instruction shall be responsible for administration of the reach for excellence program once projects and funding levels have been determined by the state board.

(4) The state board shall establish a working committee to assist it with:

(a) The development of any additional grant application criteria;

(b) Selecting reach applicants for grant awards; and

NEW SECTION. Sec. 104. (1) The superintendent of public instruction shall assure that the sum total of all funds allocated for planning grants and for reach achievement awards does not exceed the amount appropriated by the legislature for the reach for excellence grant program.

(2) The superintendent shall award funds appropriated for the reach for excellence grant program to the selected projects as follows:

(a) The initial grant shall be awarded to projects for planning activities relating to implementation of the local reach project and for initial implementation of the project. Planning and initial implementation grants shall be for the 1991-92 and 1992-93 school years. These grants may be used for the following purposes:

(i) Planning;

(ii) Staff development and training;

(iii) Purchase of instructional materials, supplies, and resources;

(iv) Development of new measures to assess student performance; and

(v) Initial implementation of the reach project.

(3)(a) Commencing with the end of the 1993-94 school year, and each school year thereafter, projects receiving initial reach grants shall be evaluated by the state board to determine their eligibility for reach achievement awards as determined under section 103(2) of this act.

(b) School staff shall determine how the reach achievement awards will be used and, if applicable to the project, how much each staff member shall receive.

(4) Reach achievement awards may be used for the following purposes:

(a) Any of the purposes authorized under subsection (2)(a) of this section;

(b) Stipends or salary and compensation increases for certificated or classified staff under RCW 28A.400.200(4). Nothing in sections 102 through 110 and 113 through 116 of this act precludes the use of reach achievement awards for providing stipends or salary and compensation increases through a compensation model characterized by differentiated levels of employment classification for certificated staff and differentiated responsibilities for each level of employment classification; or

NEW SECTION. Sec. 105. Use of reach achievement awards for the purpose of section 104(4)(b) of this act is not an increase in salary or compensation for the purposes of RCW 28A.400.200, nor may such compensation be applied to the district's salary schedule or be provided in a manner that would increase the state's basic education funding obligation.

NEW SECTION. Sec. 106. (1) Schools or school districts interested in implementing or enhancing existing local projects for educational excellence shall submit a grant application to the state board of education. All applications shall be submitted by the district's board of directors. If possible, applicants should develop their reach projects as part of the self-study process under RCW 28A.320.200, or otherwise link the proposed reach project to the self-study results of the school or district.

(2) Grant applications shall include:

(a) Documentation that at least one public hearing was held on the proposed reach project or projects. The public hearing required under this subsection, and other public hearings as may be held, may be conducted as part of the public hearings required under chapter 28A.505 RCW;

(b) Documentation that all parties are committed to work cooperatively during the term of the project;

(c) A description of how the reach for excellence grant program funds will be expended. The expenditure plan may be included as part of the district's annual budget required under chapter 28A.505 RCW;

(d) Target educational outcomes for the selected basic academic, workplace, and life and family skills under section 107 (1) through (3) of this act. Student learning objectives required under RCW 28A.320.210 may be used for target educational outcomes if applicable for the purposes of the reach project;

(e) Benchmark data for the target educational outcomes identified for the selected skills under section 107 (1) through (3) of this act;

(f) Benchmark data for context and process indicators as provided under section 108 of this act;

(g) Identification of the evaluation and accountability procedures and activities, including potential use of context and process indicators, that may be used to: (i) Assess progress toward the target educational outcomes; (ii) evaluate additional educational benefits received by students, building staff, and parents from implementation of the reach project; and (iii) assess the overall effectiveness of the project. Applicants shall identify at least one measure of assessing student performance other than standardized testing that will be developed or used as part of the reach project;

(h) A written statement that school directors and administrators are willing to exempt the reach project or projects from specifically identified local rules, as needed;

(i) A written statement that the school directors and the local bargaining agents will modify those portions of their local agreements as applicable for the reach project or projects;

(j) Written statements of support from the district's board of directors, the district superintendent, and the principal and staff of the school or schools requesting to implement a reach project, and statements of support, willingness to participate, or concerns from any interested persons or organizations; and

(k) Other information as may be determined necessary by the state board of education.

NEW SECTION. Sec. 107. (1) Grant applications under section 106 of this act shall include target educational outcomes for at least three of the following basic academic skill areas:

(a) Reading and writing of the English language;

(b) Speaking and listening;

(d) Studying;

(e) Reasoning and problem solving;

(f) Mathematics; and

(g) Computer competency.

(2) Grant applications under section 106 of this act shall include educational outcomes for at least two of the following workplace skill areas:

(a) Decision making;

(b) Cooperation and teamwork;

(d) Positive work habits.

(3) Grant applications under section 106 of this act shall include educational outcomes for at least two of the following life and family skill areas:

(a) Home and family life;

(b) Career planning;

(d) Responsible and ethical behavior;

(e) Concern for others; and

(f) Interpersonal relationships.

(4) Grant applications shall indicate for subsections (1) through (3) of this section the grade levels and subject matter areas in which the identified skills will be addressed.

NEW SECTION. Sec. 108. (1) If possible, grant applications under section 106 of this act should include benchmark data for the context and process indicators listed under subsections (2) and (3) of this section. However, as a condition to receiving reach for excellence program grant funds, applicants selected for the reach program shall submit to the state board of education the benchmark data for the context and process indicators listed under subsections (2) and (3) of this section.

(2) Applicants shall provide benchmark data for the following context indicators developed by the educational outcomes and measurement committee and reported to the legislature by the superintendent of public instruction in 1989:

(a) The average percent of students absent from school each day;

(b) Student mobility rate;

(d) Teacher mobility rate;

(e) Administrator mobility rate;

(f) The percent of students from low-income families; and

(g) The percent of students who speak English as a second language; plus

(h) The average percent of teachers absent from school each day.

(3) Applicants shall provide benchmark data for the following process indicators developed by the educational outcomes and measurement committee and reported to the legislature by the superintendent of public instruction in 1989:

(a) Student-teacher ratio;

(b) Student-counselor ratio;

(d) The average expenditure per student;

(e) The average expenditure per staff member for in-service for staff development;

(f) School accreditation status;

(g) The percent of students served by compensatory education programs;

(h) The percent of students served by chapter 1 migrant education programs;

(i) The percent of students served by special education programs; and

(j) The percent of students served by gifted-talented programs.

(4) If possible and appropriate, benchmark data required under section 106(2)(e) of this act and subsections (2) and (3) of this section shall be provided on a by-school basis. If this is not possible, the benchmark data shall be provided on a district-level basis.

NEW SECTION. Sec. 109. (1) Grant applications may be submitted jointly by two or more school districts or by an educational service district on behalf of one or more school districts. An application may include a proposal for two or more school buildings to implement jointly a reach for excellence project.

(2) Upon request from a school district, the superintendent of public instruction or the educational service district shall provide the district with technical assistance to develop the grant application.

(3) Upon request from a reach for excellence project, the superintendent of public instruction or the educational service district shall provide the project with technical assistance to develop a measure of assessing student performance as required under section 106(2)(g) of this act.

NEW SECTION. Sec. 110. Applicants selected for the reach for excellence grant program shall receive an automatic waiver from the teacher contact hours requirements under RCW 28A.150.260 and the basic education program hours offering requirements under RCW 28A.150.200 through 28A.150.220. The waivers shall be automatically renewed subject to continued funding and approval by the state board of education under section 103 of this act.

Sec. 111. RCW 28A.305.140 and 1990 c 33 s 267 are each amended to read as follows:

(1) The state board of education may grant waivers to school districts from the provisions of RCW 28A.150.200 through 28A.150.220 on the basis that such waiver or waivers are necessary to implement successfully a local plan to provide for all students in the district an effective education system that is designed to enhance the educational program for each student. The local plan may include alternative ways to provide effective educational programs for students who experience difficulty with the regular education program.

The state board shall adopt criteria to evaluate the need for the waiver or waivers.

(2) A school or district selected to participate in the reach for excellence grant program under sections 102 through 110 and 113 through 116 of this act shall be granted an automatic waiver from the provisions of RCW 28A.150.200 through 28A.150.220.

Sec. 112. 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 school year, the formula adopted by the legislature shall reflect the following ratios at a minimum: (i) Forty-nine 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) four certificated administrative staff to one thousand annual average full time equivalent students 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.

(d) 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, 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)(a) 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,~~)) (b) 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)~~)) (i) The students' classroom instructional time will not be reduced; and

((~~(b)~~)) (ii) The teacher's expertise is critical to the success of the local plan for excellence.

(c) A school or district selected to participate in the reach for excellence grant program under sections 102 through 110 and 113 through 116 of this act shall be granted an automatic waiver under (a) of this subsection.

NEW SECTION. Sec. 113. Applications for participation in the reach for excellence grant program shall be subject to chapter 41.59 RCW. As provided for in section 106(2)(i) of this act, this requirement does not apply if there is a written agreement between the district board of directors and the exclusive bargaining representatives in the district to waive the provisions of chapter 41.59 RCW for purposes of applying for participation in the reach for excellence grant program.

NEW SECTION. Sec. 114. (1) Each school district shall report to the state board of education by October 1, 1993, and annually thereafter pursuant to section 116(4) of this act, the following information:

(a) The educational excellence activities supported by reach for excellence grant funds;

(b) Updated information relating to the required benchmark data;

(d) The means and the results of evaluating the target educational outcomes and additional benefits received by students, building staff, and parents from implementation of the local reach project.

(2) By December 1, 1993, and by December 1 of each subsequent even-numbered calendar year, the state board of education shall provide the legislature and the governor a report on the reach for excellence grant program. The reports shall include information on the items required under subsection (1) of this section.

(3) In the report due December 1, 1996, the state board shall:

(a) Indicate the most common basic academic, workplace, and life and family skills and accompanying target educational outcomes identified by the reach projects;

(b) Indicate the development or use of measures to assess student performance other than standardized tests;

(c) Include recommendations on the feasibility of implementing basic academic, workplace, and life and family skills, educational outcomes, and context and process indicators state-wide; and

(d) Comment on or recommend how the salary allocation schedule developed by the legislative evaluation and accountability program committee might reflect a school performance assessment model based on basic academic, workplace, and life and family skills, educational outcomes, and context and process indicators.

(4) The state board of education shall submit a final report on the reach for excellence grant program to the legislature and the governor not later than December 1, 1998.

NEW SECTION. Sec. 115. The superintendent of public instruction shall provide for the sharing of information between reach projects and with schools and districts not selected or not participating in the reach for excellence grant program.

NEW SECTION. Sec. 116. (1) The state board of education and the superintendent of public instruction shall adopt rules as necessary under chapter 34.05 RCW to implement sections 102 through 110 and 113 through 116 of this act. The rules shall be adopted not later than December 1, 1991.

(2) The rules shall include the following dates to govern administration of the reach for excellence grant program:

(a) Initial applications must be received by the state board of education not later than March 15, 1992;

(b) The state board of education shall evaluate the applications and select the initial projects for grants by May 31, 1992; and

(c) After planning, initial implementation of the first reach projects shall commence no later than the start of the 1993-94 school year.

(3) The state board shall establish an annual date by which subsequent applications must be submitted.

(4) The state board shall establish a date by which the annual report required under section 114(1) of this act shall be submitted.

(5) The state board shall establish an annual date by which the board shall notify each project of the amount of any eligible reach achievement award and status to continue.

NEW SECTION. Sec. 117. Sections 102 through 110 and 113 through 116 of this act are each added to chapter 28A.630 RCW.

NEW SECTION. Sec. 118. Sections 101 through 116 of this act shall expire December 31, 1998.

PART II

COMPENSATION IMPROVEMENT PLAN

NEW SECTION. Sec. 201. (1) The legislature recognizes that staff motivation, skills, and continued professional development are fundamental keys to improvement in student learning. The legislature believes it shares in the public obligation to foster and sustain a professional educational environment that has, but is not limited to, the following characteristics:

(a) Attracts individuals to the teaching profession; and

(b) Provides certificated staff with compensation that takes into account job performance but is also commensurate with public expectations for both educational employees and the public education system.

(2) The legislature finds that accountability and compensation are critical variables affecting the success of the education system. To foster educational excellence efforts in Washington, it is the intent of the legislature to provide and maintain a level of compensation for educational employees that is:

(a) Commensurate with public expectations;

(b) Comparable to other professions requiring similar educational experience; and

NEW SECTION. Sec. 202. (1) The superintendent of public instruction, in consultation with teachers, classified employees, administrators, school directors, business, labor, parents, and legislators shall conduct a study of compensation for educational employees in Washington. The study shall include, but is not limited to, a review of the relationship between compensation for educational employees and:

(a) Salaries paid:

(i) In other professions requiring comparable educational experience and preparation; and

(ii) To teachers, administrators, and classified employees in other states;

(b) The in-service training act of 1977, RCW 28A.415.030 and 28A.415.040;

(c) In-service and staff development opportunities sponsored by school districts, educational service districts, or other providers of in-service and staff development programs;

(d) The provisions of RCW 28A.215.020 that allow credit on the salary schedule developed by the legislative evaluation and accountability program committee for approved in-service and continuing education;

(e) The state board of education's continuing education requirement for certificated instructional staff with continuing certificates;

(f) The length of the school year for contracted certificated and classified employees;

(g) The teacher assistance program under RCW 28A.405.450;

(h) The self-study program under RCW 28A.320.200;

(i) The schools for the twenty-first century program under RCW 28A.630.100 through 28A.630.290;

(j) The evaluation of certificated employees under RCW 28A.405.100;

(k) State board of education teacher assignment and certificate endorsement policies;

(l) Certification requirements under chapter 28A.410 RCW;

(m) The Washington award for excellence in education program under RCW 28A.625.020 through 28A.625.070, and particularly the Christa McAuliffe award under that program under RCW 28A.625.030;

(n) Local education program enhancement funds; and

(o) The results of the studies by the state board of education on internships and alternative classification.

(2) Based on the results of the study findings, the superintendent shall submit to the legislature and the governor not later than December 1, 1991, a plan to bring educational employees' salaries to a level that places Washington in the top ten states by the beginning of the 1997-98 school year.

PART III

COMPENSATION MAINTENANCE PLAN

NEW SECTION. Sec. 301. The superintendent of public instruction, in consultation with teachers, classified employees, administrators, school directors, business, labor, parents, and legislators shall study and recommend to the legislature and the governor not later than December 1, 1991, a plan to maintain salaries for educational employees in Washington at the levels to be established under section 202(2) of this act. The plan may include the use of peer states or peer professions.

PART IV

MISCELLANEOUS

NEW SECTION. Sec. 401. (1) The sum of thirty-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 purposes of sections 101 through 116 of this act.

(2) Not more than one and one-half percent of the appropriation under subsection (1) of this section shall be expended by the superintendent for administrative activities related to implementing sections 101 through 116 of this act.

NEW SECTION. Sec. 402. The sum of one 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 for the purposes of sections 202 and 301 of this act.

NEW SECTION. Sec. 403. If any provision of this act or its application to any person or circumstances 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. 404. 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 immediately.