BP BHEAD INT S

AN ACT Relating to the education for 2001 program; amending RCW 82.08.020, 28A.150.230, and 28A.150.250; adding new sections to chapter 28A.305 RCW; adding a new section to chapter 43.08 RCW; adding new sections to chapter 28A.630 RCW; adding a new section to chapter 28A.405 RCW; adding a new section to chapter 28A.320 RCW; adding a new section to chapter 28A.300 RCW; adding a new section to chapter 28A.150 RCW; creating new sections; providing for submission of this act to a vote of the people; and providing an expiration date.

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

NEW SECTION. Sec. 1. (1) Surveys show that education is a top concern of Washington's citizens. A majority believe that our education system needs to keep pace with societal changes, changes in workplace environments, and an ever-changing international community.

(2)(a) The legislature recognizes the state and nation continue to experience a transformation into an information and service-oriented age. To be better prepared to meet the challenges of their future, students now and in the future will need to acquire certain skills and knowledge and be able to think critically, including being able to act on information and conclusions once they have assimilated and analyzed information. If the state is to successfully transition into the emerging information and service-oriented age, there must be a commitment to continually increasing the learning of all students to educational performance levels significantly higher than now being demonstrated or expected.

(b) There is consensus that in this new age, the most likely leading industries in the twenty-first century will be microelectronics, biotechnology, new materials industries, civilian aviation, telecommunications, robots plus machine tools, and computers plus software. This means that individuals' abilities to assimilate information quickly and their capacity to adjust to circumstances will become new fundamental skills.

(c) There is recognition that in this new age there will be increased demand for a variety of services, including social services. This recognition is based in part on acknowledgement of a number of factors that can adversely impact a student's ability to learn. These factors include but are not limited to: Lack of parent involvement and support; child abuse and neglect; poverty, including parental unemployment or underemployment; family transiency and homelessness; drug and alcohol abuse; poor health and nutrition; crime; and peer influence. These factors can result in outcomes such as: Underachievement and failure; absenteeism and truancy; drug and alcohol abuse; delinquency; suicide; disruption of the classroom learning environment; dropping out; teen pregnancy; and, later in life: Unemployment; a need for public assistance; treatment or institutionalization for mental health reasons; involvement with the judicial system; and possible imprisonment for criminal convictions.

(3) The combination of expecting our schools to produce high-achieving students and at the same time asking the schools to take on increasing social service responsibilities presents a significant challenge to the education system. It also means that systemic educational reform will take time to realize.

(4) It is the intent of the legislature and the purpose of this act to support systemic educational reform by promoting locally designed restructuring efforts focused on continually improving student learning and performance by: Adopting state-wide student learning goals; lengthening the school year for students; providing additional days beyond the student year for staff; establishing a program to enhance the leadership training and preparation of principal candidates; providing grants for restructuring, technology, upgrading vocational and science equipment, and technical assistance; increasing the level of prevention and intervention services for elementary children; funding reductions in class size; strengthening school district accountability; promoting state level deregulation; and directing the establishment of new educator certification provisions.

(5) The legislature believes these actions:

(a) Will provide districts with necessary means and direction in support of local restructuring efforts designed to deliver educational programs and instruction more effectively; and

(b) Must be implemented if the state is to realize its own vision that by the year 2001, the education system in Washington state is world class because all students are successful learners and responsible citizens.

(6) This act shall be known as the education for 2001 act.

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

The legislature hereby endorses the student learning goals recommended by the governor's council on education reform and funding and directs the state board of education to adopt these goals by rule. The student learning goals shall be effective for all school districts beginning with the 1993-94 school year. The state board shall review the goals at least once every ten years and update them as necessary.

NEW SECTION. Sec. 3. A new section is added to chapter 43.08 RCW to read as follows:

(1) The education for 2001 account is created in the state treasury. The account shall consist of all moneys deposited to the account under RCW 82.08.020(2) and any other moneys as may be deposited by law.

(2) Moneys in the account shall be spent for each and only of the following purposes as specified in RCW 82.08.020 and sections 5 and 6 of this act:

(a) To increase the school year for students to an average of one hundred eighty-five days annually or the equivalent in program hours specified under section 5 of this act, beginning with the 1996-97 school year, and to increase the school year for students to an average of one hundred ninety days annually or the equivalent in program hours specified under section 5 of this act, beginning with the 1997-98 school year;

(b) To provide certificated instructional and classified staff an average of ten additional days beyond the student school year for planning and training related to restructuring, including in-service and professional growth opportunities, beginning with the 1994-95 school year, and to provide certificated instructional and classified staff an average of five additional days beyond the student school year for planning and training related to restructuring, beginning with the 1998-99 school year: PROVIDED, That with regard to classified staff the primary emphasis shall be on classified staff with instructional responsibilities;

(c) To provide up to twenty million dollars annually for education for 2001 grants to school districts for costs of planning and training related to local restructuring initiatives, beginning with the 1994-95 school year;

(d) To provide up to ten million dollars annually for technology grants to school districts to enhance the training and teaching of staff and students about technology and technology-related applications, beginning with the 1994-95 school year;

(e) To provide up to five million dollars annually in grants to school districts for updating vocational and science education equipment, beginning with the 1994-95 school year;

(f) To provide up to five hundred thousand dollars annually to the superintendent of public instruction to provide technical assistance to school districts as specified under section 8 of this act, beginning with the 1994-95 school year;

(g) To increase the level of prevention and early intervention services to meet the needs of the whole child, including needs beyond education but which affect the child's ability to learn, by providing on a supplemental basis up to twenty-five million dollars annually to expand the fair start program, beginning with the 1994-95 school year;

(h) To provide school districts with funds to reduce class sizes in any of the grades kindergarten through twelve as determined by the district; and

(i) To provide up to one million seven hundred thousand dollars annually to enhance the leadership training and preparation of principals.

(3) None of the programs or purposes under subsection (2) of this section shall become a part of the state's basic program of education obligation as set forth under Article IX of the state Constitution.

Sec. 4. RCW 82.08.020 and 1992 c 194 s 9 are each amended to read as follows:

(1) There is levied and there shall be collected a tax on each retail sale in this state equal to six and five-tenths percent of the selling price.

(2)(a) Beginning February 1, 1994, and through June 30, 1995, the rate under subsection (1) of this section shall be six and seventy-seven one-hundredths percent.

(b) Beginning July 1, 1995, and through June 30, 1996, the rate under subsection (1) of this section shall be six and eighty-five one-hundredths percent.

(c) Beginning July 1, 1996, and through June 30, 1997, the rate under subsection (1) of this section shall be seven and four one-hundredths percent.

(d) Beginning July 1, 1997, and through June 30, 1998, the rate under subsection (1) of this section shall be seven and twenty-six one-hundredths percent.

(e) Beginning July 1, 1998, and through June 30, 1999, the rate under subsection (1) of this section shall be seven and twenty-eight one-hundredths percent.

(f) Beginning July 1, 1999, and through June 30, 2000, the rate under subsection (1) of this section shall be seven and twenty-seven one-hundredths percent.

(g) The revenues collected from the increases under this subsection (2) shall be deposited in the education for 2001 account established under section 3 of this act.

(3) There is levied and there shall be collected an additional tax on each retail car rental, regardless of whether the vehicle is licensed in this state, equal to five and nine-tenths percent of the selling price. Ninety-one percent of the revenue collected under this subsection shall be deposited and distributed in the same manner as motor vehicle excise tax revenue collected under RCW 82.44.020(1). Nine percent of the revenue collected under this subsection shall be deposited in the transportation fund and distributed in the same manner as motor vehicle excise tax revenue collected under RCW 82.44.020(2).

((~~(3)~~)) (4) The taxes imposed under this chapter shall apply to successive retail sales of the same property.

((~~(4)~~)) (5) The rates provided in this section apply to taxes imposed under chapter 82.12 RCW as provided in RCW 82.12.020.

NEW SECTION. Sec. 5. A new section is added to chapter 28A.630 RCW to read as follows:

(1) For the 1996-97 school year, students shall attend school for an average of one hundred eighty-five days or the equivalent in program hours offerings. Each school district shall make available to students at least the following total program hours offerings for the designated grade levels:

(a) For kindergarten: At least four hundred sixty-two and one-half hours;

(b) For grades one through three: At least two thousand seven hundred seventy-five hours;

(d) For grades seven and eight: At least two thousand thirty-five hours; and

(e) For grades nine through twelve: At least four thousand four hundred forty hours.

(2) Beginning the 1997-98 school year, students shall attend school for an average of one hundred ninety days or the equivalent in program hours offerings. Each school district shall make available to students at least the following total program hours offerings for the designated grade levels:

(a) For kindergarten: At least four hundred seventy-five hours;

(b) For grades one through three: At least two thousand eight hundred fifty hours;

(d) For grades seven and eight: At least two thousand ninety hours; and

(e) For grades nine through twelve: At least four thousand five hundred sixty hours.

(3) The state board of education shall adopt rules permitting districts to offer program hours in different grade configurations as long as the total program hours offerings are adjusted accordingly to reflect the minimum requirements listed under subsections (1) and (2) of this section.

NEW SECTION. Sec. 6. A new section is added to chapter 28A.630 RCW to read as follows:

(1) Beginning with the 1994-95 school year, basic education certificated instructional staff and classified staff shall be provided with the equivalent of an average of ten additional days beyond the student school calendar year. These days shall be used for planning, staff development, and training related to restructuring efforts. The compensation for these days shall be at the regular salary rates and shall constitute supplemental compensation under RCW 28A.400.200(4).

(2) Beginning with the 1998-99 school year, basic education certificated instructional staff and classified staff shall be provided with the equivalent of an average of five additional days beyond the student school calendar year. These days shall be used for planning, staff development, and training related to restructuring efforts. The compensation for these days shall be at the regular salary rates and shall constitute supplemental compensation under RCW 28A.400.200(4).

NEW SECTION. Sec. 7. A new section is added to chapter 28A.630 RCW to read as follows:

(1) From moneys appropriated from the education for 2001 account established under section 3(1) of this act, the state board of education may award grants to school districts for the purposes authorized under section 3(2)(c) of this act.

(2) Applications for education for 2001 grant funds shall comply with the requirements of RCW 28A.305.140(1). Education for 2001 grants may be used for: Planning and staff development and training, including training in new or alternative instructional strategies; purchasing or developing instructional materials, supplies, and resources; and developing new measures to assess student performance.

NEW SECTION. Sec. 8. A new section is added to chapter 28A.630 RCW to read as follows:

The superintendent of public instruction shall provide or contract to provide, upon request from a school or school district, the following:

(1) Technical assistance to develop the grant application under section 7 of this act;

(2) Technical assistance to develop measures of assessing student performance authorized under section 7 of this act;

(3) Technical assistance in areas including but not limited to curriculum development, instructional strategies, and program evaluation; and

(4) Technical assistance in planning and implementing modified school calendars.

NEW SECTION. Sec. 9. A new section is added to chapter 28A.405 RCW to read as follows:

(1) The Washington state principal internship support program is hereby created. The purpose of the program is to provide funds to school districts to enable employees who are in a principal preparation program to complete an internship with a mentor principal.

(2)(a) Beginning in the 1994-95 school year, a maximum of two hundred principal internships shall be funded annually.

(b) The maximum amount of state funding for each internship shall be based on the state-wide average cost of providing a substitute teacher for the equivalent of ninety days of instruction, as determined by the superintendent of public instruction.

(c) Funds appropriated for the principal internship support program shall be allocated by the superintendent of public instruction to the educational service districts based on the percentage of full-time equivalent public school students enrolled in school districts in each educational service district.

(d) Once principal internship participants have been selected, the educational service districts shall allocate the funds to the appropriate school districts. The funds shall be used to pay for replacement substitute staff while the school district employee is completing the principal internship.

(e) Educational service districts may be reimbursed for costs associated with implementing the program. Reimbursement rates shall be determined by the superintendent of public instruction.

(3) The process for selecting participants in the principal internship support program shall be as follows:

(a) The candidate must be enrolled in a state board approved principal preparation program.

(b) The candidate must apply in writing to his or her local school district.

(c) Each school district shall determine which applicants meet its criteria for participation in the principal internship support program and shall notify in writing its educational service district of the school district's selected applicants. When submitting the names of applicants, the school district shall identify a mentor principal for each principal intern applicant.

NEW SECTION. Sec. 10. A new section is added to chapter 28A.305 RCW to read as follows:

(1) The state board of education shall appoint a principal internship advisory task force to develop and recommend to the board performance-based standards for the principal internship support program. Principal interns shall complete all the standards in order to complete the internship program successfully.

(2) Colleges, universities, and school districts may establish additional standards.

(3) Task force membership shall include, but is not limited to, persons representing the office of the superintendent of public instruction, principals, school administrators, teachers, school directors, higher education principal preparation programs, and educational service districts.

NEW SECTION. Sec. 11. A new section is added to chapter 28A.305 RCW to read as follows:

(1) The state board of education shall report annually by December 1st to the legislature, governor, and citizens of the state on the results of the education for 2001 act, chapter . . ., Laws of 1993 (this act). The first report is due December 1, 1994.

(2) For the purpose of the annual report under subsection (1) of this section, the state board shall work with districts to establish baseline criteria. The criteria shall be used by the state board to help determine annual progress of districts and schools in raising the level of student achievement and performance to meet the state-wide student learning goals under section 2 of this act.

(3) It is the intent of the legislature that reporting requirements imposed on districts and schools in order for the state board to meet the requirement of subsection (1) of this section, shall to the maximum extent possible replace existing applicable state reporting requirements on districts and schools.

NEW SECTION. Sec. 12. A new section is added to chapter 28A.320 RCW to read as follows:

(1) To ensure school board accountability and to ensure that the local community and electorate have access to information on the educational programs in the school districts, each school district's board of directors shall publish annually a school district accountability report. School districts shall have a copy of the accountability report available for public inspection at each school in the district, at the district office, and in public libraries.

(2) The accountability report shall include a brief statement of the mission of the school district, enrollment statistics including student demographics, expenditures per pupil for the school year, the average compensation for teachers, a summary of student scores on all mandated tests and college entrance examination scores, a concise annual budget report, the student drop-out, absenteeism, and graduation rates, and an invitation to all citizens to participate in site-based councils and other school planning activities. The published accountability report shall compare district, state, and national data whenever appropriate.

(3) This section shall remain in effect until such time as the legislature acts on recommendations of the commission on student learning under RCW 28A.630.885(2) to create a state-wide accountability system as required under RCW 28A.630.885(5)(j).

Sec. 13. RCW 28A.150.230 and 1991 c 61 s 1 are each amended to read as follows:

(1) It is the intent and purpose of this section to guarantee that each common school district board of directors, whether or not acting through its respective administrative staff, be held accountable for the proper operation of their district to the local community and its electorate. In accordance with the provisions of Title 28A RCW, as now or hereafter amended, each common school district board of directors shall be vested with the final responsibility for the setting of policies ensuring quality in the content and extent of its educational program and that such program provide students with the opportunity to achieve those skills which are generally recognized as requisite to learning.

(2) In conformance with the provisions of Title 28A RCW, as now or hereafter amended, it shall be the responsibility of each common school district board of directors to adopt policies to:

(a) Establish performance criteria and an evaluation process for its certificated personnel, including administrative staff, and for all programs constituting a part of such district's curriculum;

(b) Determine the final assignment of staff, certificated or classified, according to board enumerated classroom and program needs;

(c) Determine the amount of instructional hours necessary for any student to acquire a quality education in such district, in not less than an amount otherwise required in RCW 28A.150.220, or rules and regulations of the state board of education;

(d) Determine the allocation of staff time, whether certificated or classified;

(e) Establish final curriculum standards consistent with law and rules and regulations of the state board of education, relevant to the particular needs of district students or the unusual characteristics of the district, and ensuring a quality education for each student in the district; and

(f) Evaluate teaching materials, including text books, teaching aids, handouts, or other printed material, in public hearing upon complaint by parents, guardians or custodians of students who consider dissemination of such material to students objectionable.

(((3) In keeping with the accountability purpose expressed in this section and to insure that the local community and electorate have access to information on the educational programs in the school districts, each school district's board of directors shall annually publish a descriptive guide to the district's common schools. This guide shall be made available at each school in the district for examination by the public. The guide shall include, but not be limited to, the following:

~~(a) Criteria used for written evaluations of staff members pursuant to RCW 28A.405.100;~~

~~(b) A summary of program objectives pursuant to RCW 28A.320.210;~~

~~(c) Results of comparable testing for all schools within the district; and~~

~~(d) Budget information which will include the following:~~

~~(i) Student enrollment;~~

(ii) Number of full time equivalent personnel per school in the district itemized according to classroom teachers, instructional support, and building administration and support services, including itemization of such personnel by program;

(iii) Number of full time equivalent personnel assigned in the district to central administrative offices, itemized according to instructional support, building and central administration, and support services, including itemization of such personnel by program;

(iv) Total number of full time equivalent personnel itemized by classroom teachers, instructional support, building and central administration, and support services, including itemization of such personnel by program; and

~~(v) Special levy budget request presented by program and expenditure for purposes over and above those requirements identified in RCW 28A.150.220.~~))

Sec. 14. 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, except that for kindergartens one full school year shall be one hundred eighty half days of instruction, 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.

NEW SECTION. Sec. 15. A new section is added to chapter 28A.300 RCW to read as follows:

(1) The superintendent of public instruction shall adopt rules clearly allowing districts to blend funds for the basic education, learning assistance, special education, and transitional bilingual education programs to the maximum extent possible for the continued receipt of federal funds.

(2) The superintendent of public instruction may create a new program code in the accounting manual for public school districts to track revenues and expenditures under subsection (1) of this section.

NEW SECTION. Sec. 16. A new section is added to chapter 28A.150 RCW to read as follows:

The superintendent of public instruction shall work with appropriate organizations to ensure that every teacher, district and building administrator, and school director is aware of the waivers available under RCW 28A.305.140 and the broadened school board powers under RCW 28A.320.015.

NEW SECTION. Sec. 17. The state board shall report to the legislature by December 31, 1993, on the progress and any findings of the board's study of outcomes-based program approval standards. When the study is completed, the board shall submit a report to the legislature.

NEW SECTION. Sec. 18. A new section is added to chapter 28A.630 RCW to read as follows:

(1)(a) The state board of education shall adopt rules as necessary under chapter 34.05 RCW to carry out RCW 28A.150.230 and 28A.150.250 and sections 2, 5, 7, and 10 through 12 of this act.

(b) The state board shall adopt necessary rules to implement the recommendations of the study required under section 104, chapter 141, Laws of 1992.

(2) The superintendent of public instruction shall adopt rules as necessary under chapter 34.05 RCW to implement sections 3(2) (a), (b), (d), (e), and (f), 6, 8, 10, 15, and 16 of this act. The superintendent of public instruction may not allocate funds to the educational service districts under section 9 of this act before the state board of education has adopted the standards required under section 10 of this act.

(3) The state treasurer shall adopt rules as necessary under chapter 34.05 RCW to carry out section 3 of this act.

(4) The department of revenue shall adopt rules as necessary under chapter 34.05 RCW to carry out RCW 82.08.020.

NEW SECTION. Sec. 19. This act shall expire July 1, 2000.

NEW SECTION. Sec. 20. 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. 21. This act shall be submitted to the people for their adoption and ratification, or rejection, at the November 1993 state general election, in accordance with Article II, section 1 of the state Constitution, as amended, and the laws adopted to facilitate the operation thereof.