S-3150

AN ACT Relating to the REACH for excellence program; amending RCW 84.52.0531 and 28A.500.010; and adding a new section to chapter 28A.305 RCW.

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

Sec. 1. RCW 84.52.0531 and 1990 c 33 s 601 are each amended to read as follows:

Except as provided for in subsection (8) of this section, the maximum dollar amount which may be levied by or for any school district for maintenance and operation support under the provisions of RCW 84.52.053 shall be determined as follows:

(1) For the purpose of this section, the basic education allocation shall be determined pursuant to RCW 28A.150.250, 28A.150.260, and 28A.150.350: PROVIDED, That when determining the basic education allocation under subsection ((~~(4)~~)) (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) ((For the purposes of subsection (5) of this section, a base year levy percentage shall be established. The base year levy percentage shall be equal to the greater of: (a) The district's actual levy percentage for calendar year 1985, (b) the average levy percentage for all school district levies in the state in calendar year 1985, or (c) the average levy percentage for all school district levies in the educational service district of the district in calendar year 1985.

~~(3)~~)) For excess levies for collection in calendar year ((~~1988~~)) 1992 and thereafter, the maximum dollar amount shall be the ((~~total of)) sum of (a) and (b) of this section minus (c) of this subsection:~~

~~(a) The district's levy base as defined in subsection (((4)~~)) (3) of this section multiplied by the district's maximum levy percentage as defined in subsection((s)) (5) ((~~and (6)~~)) of this section; ((~~plus~~))

(b) In the case of nonhigh school districts only, 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; ((~~less~~))

(c) The maximum amount of state matching funds under RCW 28A.500.010 for which the district is eligible in that tax collection year.

((~~(4)~~)) (3) For excess levies for collection in calendar year ((~~1988~~)) 1992 and thereafter, a district's levy base shall be the sum of ((~~the following~~)) allocations in (a) through (c) of this subsection 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.

((~~(5) For levies to be collected in calendar year 1988, a district's maximum levy percentage shall be determined as follows:~~

~~(a) Multiply the district's base year levy percentage as defined in subsection (2) of this section by the district's levy base as determined in subsection (4) of this section;~~

(b) Reduce the amount in (a) of this subsection by the total estimated amount of any levy reduction funds as defined in subsection (7) of this section which are to be allocated to the district for the 1987-88 school year;

~~(c) Divide the amount in (b) of this subsection by the district's levy base to compute a new percentage; and~~

~~(d) The percentage in (c) of this subsection or twenty percent, whichever is greater, shall be the district's maximum levy percentage for levies collected in calendar year 1988.~~

~~(6)~~)) (4) For excess levies for collection in calendar year 1989 and thereafter, a district's maximum levy percentage shall be determined as follows:

(a) Multiply the district's maximum levy percentage for the prior year or thirty percent, whichever is less, by the district's levy base as determined in subsection ((~~(4)~~)) (3) of this section;

(b) Reduce the amount in (a) of this subsection by the total estimated amount of any levy reduction funds as defined in subsection ((~~(7)~~)) (5) of this section which are to be allocated to the district for the current school year;

(d) The percentage in (c) of this subsection or twenty percent, whichever is greater, shall be the district's maximum levy percentage for levies collected in that calendar year.

((~~(7)~~)) (5) "Levy reduction funds" shall mean increases in state funds from the prior school year for programs included under subsection ((~~(4)~~)) (3) of this section: (a) That are not attributable to enrollment changes, compensation increases, or inflationary adjustments; and (b) that are or were specifically identified as levy reduction funds in the appropriations act. If levy reduction funds are dependent on formula factors which would not be finalized until after the start of the current school year, the superintendent of public instruction shall estimate the total amount of levy reduction funds by using prior school year data in place of current school year data. Levy reduction funds shall not include moneys received by school districts from cities or counties.

((~~(8)~~)) (6) For the purposes of this section, "prior school year" shall mean the most recent school year completed prior to the year in which the levies are to be collected.

((~~(9)~~)) (7) For the purposes of this section, "current school year" shall mean the year immediately following the prior school year.

((~~(10)~~)) (8) In addition to the excess levies under this section, a district may levy a special levy for a sum not to exceed the district's levy base as determined under subsection (2) of this section multiplied by not more than five percent for the purpose of establishing a reach for excellence project under section 2 of this act. This special levy shall not affect the authorization of excess levies for the maintenance and operation support of local school districts.

(9) The superintendent of public instruction shall develop rules and regulations and inform school districts of the pertinent data necessary to carry out the provisions of this section.

NEW SECTION. Sec. 2. A new section is added to chapter 28A.305 RCW to read as follows:

(1)(a) Districts that pass a special levy of up to five percent as authorized under RCW 84.52.0531 shall use the funds solely to establish a reach for excellence program in the district.

(b) The local reach for excellence program shall:

(i) Emphasize improvements in assessment of student learning and performance;

(ii) Develop more challenging curriculum, including, where appropriate, combining academic and vocational education curriculum into a single, integrated instructional system that incorporates practical application of coursework content; and

(iii) 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.

(2) Before expending the special levy funds for a reach for excellence program, districts shall submit to the state board of education a plan for restructuring the educational program in one or more schools in the district that includes:

(a) Specific standards for increased student learning that the district expects to achieve;

(b) How the district plans to achieve the higher standards, including timelines for implementation;

(d) Evidence that the board of directors, teachers, administrators, and classified employees are committed to working cooperatively in implementing the plan;

(e) Evidence that opportunities were provided for parents and citizens to be involved in the development of the plan; and

(f) Identification of the state requirements that will be waived.

(3) School districts that pass a special levy to establish reach for excellence programs shall be exempted from program hour offering requirements under RCW 28A.150.220, the self-study process requirements under RCW 28A.320.200, the student learning objective requirements under RCW 28A.320.210, the teacher classroom contact requirements under RCW 28A.150.260(4), and the ratio of students to classroom teachers under RCW 28A.150.250.

(4) Exemptions from the requirements under subsection (3) of this section shall be renewed every two years by the state board of education upon the state board receiving an exemption renewal request from the school district board of directors. Before filing the request, the school district shall conduct at least one public meeting to evaluate the educational programs that were implemented as a result of the exemptions and the special levy authorized under RCW 84.52.0531. The request to the state board shall include information regarding the activities and programs implemented as a result of the exemptions and special levy funding and a summary of the comments received at the public meeting or meetings.

(5) If a school district intends to waive the program hour offerings under RCW 28A.150.220, it shall make available to students enrolled in kindergarten at least a total offering of four hundred fifty instructional hours. The program shall include instruction in reading, arithmetic, language skills, and other subjects and activities as the school district determines to be appropriate. Each school district also shall make available to students enrolled in grades one through twelve at least a district-wide annual average total offering of one thousand instructional hours. Effective May 1, 1993, a school district may schedule the last thirty instructional hours of any 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 full-time equivalent students to the extent they could otherwise have been so claimed for the purposes of RCW 28A.150.250 and 28A.150.260. The state board of education may define alternatives to classroom instructional time for students in grades nine through twelve enrolled in alternative learning experiences. The state board of education shall establish rules to determine annual average instructional hours for districts having fewer than twelve grades. The program shall include, in one or more of the grades one through twelve, instruction in reading and language arts, foreign languages, mathematics, social studies, science, music, art, health, physical education, and work force skills.

(6) Unless the context clearly requires otherwise, the definitions in this subsection apply to subsection (5) of this section:

(a) "Instructional hours" means those hours 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 that 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 force skills" means applied learning that strengthens and reinforces an individual's academic knowledge, critical thinking, problem-solving skills, and work ethics, and thereby develops employability, occupational skills, and the ability to manage home and work responsibilities necessary for economic independence. Such instruction shall include but is not limited to technology education/ industrial arts, home and family life education, business education, marketing education, agricultural education, health occupations education, trade and industrial education, and technical education.

(7) Districts shall submit to the state board of education a biennial report on their reach for excellence programs.

Sec. 3. 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 to be collected in calendar year 1989 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 percent levy rate" shall mean ten percent of the total levy bases as defined in RCW ((~~84.52.0531(4)~~)) 84.52.0531(3) 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 percent of the district's levy base as defined in RCW 84.52.0531(4), plus one-half of any amount computed under RCW 84.52.0531(3)(b) 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 percent levy rate which exceeds the state-wide average ten 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 percent levy rate and the state-wide average ten percent levy rate; to (ii) the state-wide average ten 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 percent of the district's levy base as defined in RCW ((~~84.52.0531(4)~~)) 84.52.0531(3), multiplied by the following percentage: (i) The difference between the district's ten percent levy rate and the state-wide average ten percent levy rate; divided by (ii) the district's ten 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.