CERTIFICATION OF ENROLLMENT
SENATE BILL 5349
53rd Legislature
1993 Regular Session
Passed by the Senate April 17, 1993 YEAS 40 NAYS 0
President of the Senate
Passed by the House April 9, 1993 YEAS 96 NAYS 2 |
CERTIFICATE
I, Marty Brown, Secretary of the Senate of the State of Washington, do hereby certify that the attached is SENATE BILL 5349 as passed by the Senate and the House of Representatives on the dates hereon set forth. |
Speaker of the House of Representatives |
Secretary
|
Approved |
FILED |
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Governor of the State of Washington |
Secretary of State State of Washington |
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SENATE BILL 5349
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AS AMENDED BY THE HOUSE
Passed Legislature - 1993 Regular Session
State of Washington 53rd Legislature 1993 Regular Session
By Senators Pelz and Moyer
Read first time 01/25/93. Referred to Committee on Education.
AN ACT Relating to nomenclature of educational clinics; and amending RCW 28A.205.010, 28A.205.020, 28A.205.030, 28A.205.050, 28A.205.060, 28A.205.070, 28A.205.080, and 28A.205.090;
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
Sec. 1. RCW 28A.205.010 and 1990 c 33 s 180 are each amended to read as follows:
(1) As used in this chapter, unless the context thereof shall clearly indicate to the contrary:
((Educational clinic)) "Education
center" means any private school operated on a profit or nonprofit
basis which does the following:
(a) Is devoted to the teaching of basic academic skills, including specific attention to improvement of student motivation for achieving, and employment orientation.
(b) Operates on a clinical, client centered basis. This shall include, but not be limited to, performing diagnosis of individual educational abilities, determination and setting of individual goals, prescribing and providing individual courses of instruction therefor, and evaluation of each individual client's progress in his or her educational program.
(c) Conducts courses of instruction by
professionally trained personnel certificated by the state board of education
according to rules and regulations promulgated for the purposes of this chapter
and providing, for certification purposes, that a year's teaching experience in
an ((educational clinic)) education center shall be deemed equal
to a year's teaching experience in a common or private school.
(2) For purposes of this chapter, basic academic skills shall include the study of mathematics, speech, language, reading and composition, science, history, literature and political science or civics; it shall not include courses of a vocational training nature and shall not include courses deemed nonessential to the accrediting of the common schools or the approval of private schools under RCW 28A.305.130.
(3) The state board of education shall certify
an education ((clinic)) center only upon application and (a)
determination that such school comes within the definition thereof as set forth
in subsection (1) above and (b) demonstration on the basis of actual
educational performance of such applicants' students which shows after
consideration of their students' backgrounds, educational gains that are a
direct result of the applicants' educational program. Such certification may
be withdrawn if the board finds that a ((clinic)) center fails to
provide adequate instruction in basic academic skills. No ((educational
clinic)) education center certified by the state board of education
pursuant to this section shall be deemed a common school under RCW 28A.150.020
or a private school for the purposes of RCW 28A.195.010 through 28A.195.050.
Sec. 2. RCW 28A.205.020 and 1990 c 33 s 181 are each amended to read as follows:
Only eligible common school dropouts shall be
enrolled in a certified ((educational clinic)) education center
for reimbursement by the superintendent of public instruction as provided in
RCW 28A.205.040. No person shall be considered an eligible common school
dropout who (1) has completed high school, (2) who has not reached his or her
thirteenth birthday or has passed his or her twentieth birthday, or (3) shows
proficiency beyond the high school level in a test approved by the
superintendent of public instruction to be given as part of the initial
diagnostic procedure, or (4) until one month has passed after he or she has
dropped out of any common school and the ((educational clinic)) education
center has received written verification from a school official of the
common school last attended in this state that such person is no longer in
attendance at such school, unless such ((clinic)) center has been
requested to admit such person by written communication of the board of
directors or its designee, of that common school, or unless such person is
unable to attend a particular common school because of disciplinary reasons,
including suspension and/or expulsion therefrom. The fact that any person may
be subject to RCW 28A.225.010 through 28A.225.150, 28A.200.010, and 28A.200.020
shall not affect his or her qualifications as an eligible common school dropout
under this chapter.
Sec. 3. RCW 28A.205.030 and 1990 c 33 s 182 are each amended to read as follows:
The superintendent of public instruction shall adopt, by rules, policies and procedures to permit a prior common school dropout to reenter at the grade level appropriate to such individual's ability: PROVIDED, That such individual shall be placed with the class he or she would be in had he or she not dropped out and graduate with that class, if the student's ability so permits notwithstanding any loss of credits prior to reentry and if such student earns credits at the normal rate subsequent to reentry.
Notwithstanding any other provision of law, any
certified ((educational clinic)) education center student, upon
completion of an individual student program and irrespective of age, shall be
eligible to take the general educational development test as given throughout
the state.
Sec. 4. RCW 28A.205.050 and 1990 c 33 s 184 are each amended to read as follows:
In accordance with chapter 34.05 RCW, the administrative procedure act, the state board of education with respect to the matter of certification, and the superintendent of public instruction with respect to all other matters, shall have the power and duty to make the necessary rules and regulations to carry out the purpose and intent of this chapter.
Criteria as promulgated by the state board of
education or superintendent of public instruction for determining if any ((educational
clinic)) education center is providing adequate instruction in basic
academic skills or demonstrating superior performance in student educational
gains for funding under RCW 28A.205.040 shall be subject to review by four
members of the legislature, one from each caucus of each house, including the
chairs of the respective education committees.
Sec. 5. RCW 28A.205.060 and 1985 c 434 s 2 are each amended to read as follows:
The superintendent of public instruction shall
prepare a report on ((educational clinics)) education centers
that:
(1) Identifies a funding level that is adequate
to fund the enrollment served by ((educational clinics)) education
centers during the previous fiscal year;
(2) Identifies locales in the state which are
served by ((educational clinics)) education centers but where
demand for ((educational clinic)) education center services will
support additional service, and recommends the funding level necessary to serve
such demand;
(3) Identifies locales in the state which are not
served by ((educational clinics)) education centers but where
demand will support operation of ((clinics)) centers, and
recommends the funding level necessary to serve such demand; and
(4) Identifies locales in the state that are either underserved or not served by existing public school programs for drop-outs or for drop-out prevention, but where demand will support such services and recommends the funding level necessary to serve such demand.
The report shall be submitted to the legislature by January 1 in the year following June 27, 1985, and updates of the report shall be submitted with each biennial budget request until such time as funding levels reach the levels recommended in subsections (2) and (3) of this section.
Sec. 6. RCW 28A.205.070 and 1990 c 33 s 185 are each amended to read as follows:
In allocating funds appropriated for ((educational
clinics)) education centers, the superintendent of public
instruction shall:
(1) Place priority upon stability and adequacy
of funding for ((educational clinics)) education centers that
have demonstrated superior performance as defined in RCW 28A.205.040(2).
(2) Initiate and maintain a competitive review
process to select new or expanded ((clinic)) center programs in
unserved or underserved areas. The criteria for review of competitive
proposals for new or expanded education((clinic)) center services
shall include but not be limited to:
(a) The proposing organization shall have obtained certification from the state board of education as provided in RCW 28A.205.010;
(b) The cost-effectiveness of the proposal ((as
judged by the criteria established in RCW 28A.97.100(1) and (2))); and
(c) The availability of committed nonstate funds to support, enrich, or otherwise enhance the basic program.
(3) In selecting areas for new or expanded ((educational
clinics)) education center programs, the superintendent of public
instruction shall consider factors including but not limited to:
(a) The proportion and total number of dropouts
unserved by existing ((clinics)) center programs, if any;
(b) The availability within the geographic area
of programs other than ((educational clinics)) education centers
which address the basic educational needs of dropouts; and
(c) Waiting lists or other evidence of demand
for expanded ((educational clinic)) education center programs.
(4) In the event of any curtailment of services
resulting from lowered legislative appropriations, the superintendent of public
instruction shall issue pro rata reductions to all ((clinics)) centers
funded at the time of the lowered appropriation. Individual ((clinics))
centers may be exempted from such pro rata reductions if the superintendent
finds that such reductions would impair the ((clinic's)) center's
ability to operate at minimally acceptable levels of service. In the event of
such exceptions, the superintendent shall determine an appropriate rate for
reduction to permit the ((clinic)) center to continue operation.
(5) In the event that an additional ((clinic
or clinics)) center or centers become certified and apply to the
superintendent for funds to be allocated from a legislative appropriation which
does not increase from the immediately preceding biennium, or does not increase
sufficiently to allow such additional ((clinic or clinics)) center or
centers to operate at minimally acceptable levels of service without
reducing the funds available to previously funded ((clinics)) centers,
the superintendent shall not provide funding for such additional ((clinic or
clinics)) center or centers from such appropriation.
Sec. 7. RCW 28A.205.080 and 1990 c 33 s 186 are each amended to read as follows:
The legislature recognizes that ((educational
clinics)) education centers provide a necessary and effective
service for students who have dropped out of common school programs. ((Educational
clinics)) Education centers have demonstrated success in preparing
such youth for productive roles in society and are an integral part of the
state's program to address the needs of students who have dropped out of
school. The superintendent of public instruction shall distribute funds,
consistent with legislative appropriations, allocated specifically for ((educational
clinics)) education centers in accord with chapter 28A.205 RCW. The
legislature encourages school districts to explore cooperation with ((educational
clinics)) education centers.
Sec. 8. RCW 28A.205.090 and 1990 c 33 s 187 are each amended to read as follows:
The superintendent shall include the ((educational
clinics)) education centers program in the biennial budget request.
Contracts between the superintendent of public instruction and the ((educational
clinics)) education centers shall include quarterly plans which
provide for relatively stable student enrollment but take into consideration
anticipated seasonal variations in enrollment in the individual ((clinics))
centers. Funds which are not expended by a ((clinic)) center
during the quarter for which they were planned may be carried forward to
subsequent quarters of the fiscal year. The superintendent shall make payments
to the ((clinics)) centers on a monthly basis pursuant to RCW
28A.205.040.
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