AN ACT Relating to the
recommendations of the joint select committee on education restructuring;
amending RCW 28A.150.360, 28A.150.370, 28A.150.380, 28A.215.010, 28A.215.040,
28A.625.010, 28A.625.050, 28A.630.868, 28A.630.870, 28A.630.874, 28A.630.880,
28A.205.050, 28A.630.400, 28A.170.075, 28A.170.090, 28A.610.010, 28A.610.020,
28A.610.030, 28A.600.---, 28A.215.020, 28A.215.030, 28A.215.050, 28A.405.120,
28A.415.105, 28B.90.005, 28A.215.170, 28A.320.200, 28A.330.100, 28A.400.306,
28A.630.885, 28A.630.952, 28A.650.015, 28A.180.080, 28A.225.220, 28A.225.250,
28A.335.160, 28A.405.070, and 28A.405.460; reenacting and amending RCW
28A.315.680; adding new sections to chapter 28A.410 RCW; adding a new chapter
to Title 28B RCW; creating new sections; recodifying RCW 28A.405.010,
28A.405.025, 28A.610.010, 28A.610.020, 28A.610.030, 28A.610.040, and
28A.610.050; repealing RCW 28A.310.380, 28A.170.010, 28A.170.020, 28A.170.030,
28A.170.040, 28A.170.060, 28A.170.070, 28A.175.060, 28A.210.050, 28A.225.190,
28A.405.150, 28A.405.160, 28A.415.290, 28A.630.090, 28A.630.091, 28A.630.750,
28A.630.753, 28A.630.756, 28A.630.759, 28A.630.762, 28A.630.765, 28A.630.768,
28A.630.771, 28A.630.774, 28A.630.777, 28A.630.780, 28A.630.783, 28A.630.786,
28A.630.789, 28A.630.800, 28A.175.070, 28A.210.005, 28A.215.300, 28A.215.310,
28A.215.320, 28A.215.330, 28A.234.010, 28A.175.020, 28A.175.030, 28A.175.040,
28A.175.050, 28A.240.010, 28A.240.020, 28A.240.030, 28A.300.110, 28A.300.180,
28A.300.200, 28A.415.110, 28A.415.115, 28A.415.220, 28A.600.425, 28A.600.430,
28A.600.435, 28A.600.440, 28A.600.445, 28A.600.450, 28A.615.060, 28A.625.300,
28A.630.070, 28A.630.075, 28A.630.300, 28A.630.320, 28A.630.330, 28A.630.390,
28A.415.120, 28A.205.060, 28A.225.180, 28A.225.320, 28A.300.210, 28A.335.310,
28A.340.050, 28A.170.100, 28A.175.080, 28A.180.050, 28A.180.070, 28A.415.050,
and 28A.400.150; and providing expiration dates.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF
WASHINGTON:
TABLE OF
CONTENTS
PART
I - OBSOLETE REFERENCES.................................. 2
PART
II - OBSOLETE SECTIONS................................... 6
PART
III - RECODIFICATIONS OR TECHNICAL CHANGES............... 10
PART
IV - UNFUNDED PROGRAMS................................... 14
PART
V - REPORTS.............................................. 17
PART
VI - PERMISSIVE LANGUAGE................................. 28
PART
VII - MANDATES ON SCHOOL DISTRICT OPERATIONS............. 31
PART
VIII - MISCELLANEOUS..................................... 31
PART I - OBSOLETE REFERENCES
Sec. 101. RCW 28A.150.360 and 1990
c 33 s 113 are each amended to read as follows:
In the event of an
unforeseen emergency, in the nature of either an unavoidable cost to a district
or unexpected variation in anticipated revenues to a district, the state
superintendent is authorized, for not to exceed two years, to make such an
adjustment in the allocation of funds as is consistent with the intent of ((RCW
28A.150.100 through 28A.150.430)) this chapter, RCW
28A.160.150 through ((28A.160.220)) 28A.160.210, 28A.300.170, and
28A.500.010 in providing an equal educational opportunity for the children of
such district or districts.
Sec. 102. RCW 28A.150.370 and 1990
c 33 s 114 are each amended to read as follows:
In addition to those
state funds provided to school districts for basic education, the legislature
shall appropriate funds for pupil transportation, in accordance with ((RCW
28A.150.100 through 28A.150.430)) this chapter, RCW
28A.160.150 through ((28A.160.220)) 28A.160.210, 28A.300.170, and
28A.500.010, and for programs for handicapped students, in accordance with RCW
28A.155.010 through 28A.155.100. The legislature may appropriate funds to be
distributed to school districts for population factors such as urban costs,
enrollment fluctuations and for special programs, including but not limited to,
vocational-technical institutes, compensatory programs, bilingual education,
urban, rural, racial and disadvantaged programs, programs for gifted students,
and other special programs.
Sec. 103. RCW 28A.150.380 and 1990
c 33 s 115 are each amended to read as follows:
The state legislature
shall, at each regular session in an odd-numbered year, appropriate from the
state general fund for the current use of the common schools such amounts as
needed for state support to the common schools during the ensuing biennium as provided
in ((RCW 28A.150.100 through 28A.150.430)) this chapter, RCW
28A.160.150 through ((28A.160.220)) 28A.160.210, 28A.300.170, and
28A.500.010.
Sec. 104. RCW 28A.215.010 and 1969
ex.s. c 223 s 28A.34.010 are each amended to read as follows:
The board of directors
of any school district shall have the power to establish and maintain ((nursery
schools)) preschools and to provide before-and-after-school and
vacation care in connection with the common schools of said district located at
such points as the board shall deem most suitable for the convenience of the
public, for the care and instruction of infants and children residing in said
district. The board shall establish such courses, activities, rules, and
regulations governing ((nursery schools)) preschools and
before-and-after-school care as it may deem best: PROVIDED, That these courses
and activities shall meet the minimum standard for such ((nursery schools))
preschools as established by the United States Department of Health,
Education and Welfare, or its successor agency, and the state board of
education. Except as otherwise provided by state or federal law, the board of
directors may fix a reasonable charge for the care and instruction of children
attending such schools. The board may, if necessary, supplement such funds as
are received for the superintendent of public instruction or any agency of the
federal government, by an appropriation from the general school fund of the
district.
Sec. 105. RCW 28A.215.040 and 1973
1st ex.s. c 154 s 45 are each amended to read as follows:
Every board of
directors shall have power to establish, equip and maintain ((nursery
schools)) preschools and/or provide before-and-after-school care for
children of working parents, in cooperation with the federal government or any
of its agencies, when in their judgment the best interests of their district
will be subserved thereby.
Sec. 106. RCW 28A.315.680 and 1991
c 363 s 29 and 1991 c 288 ss 7 and 8 are each reenacted and amended to read as
follows:
The school boards of
any school district of the first class having within its boundaries a city with
a population of four hundred thousand people or more shall establish the
director district boundaries. Appointment of a board member to fill any
vacancy existing for a new director district prior to the next regular school
election shall be by the school board. Prior to the next regular election in
the school district and the filing of declarations of candidacy therefor, the
incumbent school board shall designate said director districts by number.
Directors appointed to fill vacancies as above provided shall be subject to
election, one for a six-year term, and one for a two-year term and thereafter
the term of their respective successors shall be for four years. The term of
office of incumbent members of the board of such district shall not be affected
by RCW 28A.315.450, 28A.315.460, 28A.315.570, 28A.315.670, and
28A.315.680((, and 29.21.180)).
Sec. 107. RCW 28A.625.010 and 1990
c 33 s 513 are each amended to read as follows:
RCW 28A.625.020 through
((28A.625.070 and 28B.15.547)) 28A.625.065 may be known and cited
as the Washington award for excellence in education program act.
Sec. 108. RCW 28A.625.050 and 1991
c 255 s 8 are each amended to read as follows:
The superintendent of
public instruction shall adopt rules under chapter 34.05 RCW to carry out the
purposes of RCW 28A.625.010 through ((28A.625.070)) 28A.625.065.
These rules shall include establishing the selection criteria for the
Washington award for excellence in education program. The superintendent is
encouraged to consult with teachers, educational staff associates, principals,
administrators, classified employees, superintendents, and school board members
in developing the selection criteria. Notwithstanding the provisions of RCW
28A.625.020 (1) and (2), such rules may allow for the selection of individuals
whose teaching or administrative duties, or both, may encompass multiple grade
level or building assignments, or both.
Sec. 109. RCW 28A.630.868 and 1993
c 335 s 5 are each amended to read as follows:
(1) The superintendent
of public instruction shall administer RCW ((28A.630.860)) 28A.630.861
through 28A.630.880.
(2) The school-to-work
transitions projects may be conducted for up to six years, if funds are
provided.
Sec. 110. RCW 28A.630.870 and 1993
c 335 s 6 are each amended to read as follows:
(1) The superintendent
of public instruction may accept, receive, and administer for the purposes of
RCW ((28A.630.860)) 28A.630.861 through 28A.630.880 such gifts,
grants, and contributions as may be provided from public and private sources
for the purposes of RCW ((28A.630.860)) 28A.630.861 through
28A.630.880.
(2) The school-to-work
transitions 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 ((28A.630.860)) RCW 28A.630.861 through
28A.630.880. 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.
Sec. 111. RCW 28A.630.874 and 1993
c 335 s 7 are each amended to read as follows:
(1) The superintendent
of public instruction, in coordination with the state board of education, the
state board for community and technical colleges, the work force training and
education coordinating board, and the higher education coordinating board,
shall provide technical assistance to selected schools and shall develop a
process that coordinates and facilitates linkages among participating school
districts, secondary schools, junior high schools, middle schools, technical
colleges, and colleges and universities.
(2) The superintendent
of public instruction and the state board of education may adopt rules under
chapter 34.05 RCW as necessary to implement its duties under RCW ((28A.630.860))
28A.630.861 through 28A.630.880.
Sec. 112. RCW 28A.630.880 and 1993
c 335 s 10 are each amended to read as follows:
RCW ((28A.630.860))
28A.630.861 through 28A.630.880 may be known and cited as the
school-to-work transitions program.
NEW SECTION. Sec.
113. RCW 28A.310.380 and 1975
1st ex.s. c 275 s 32, 1971 ex.s. c 282 s 23, & 1969 ex.s. c 176 s 16 are
each repealed.
PART II - OBSOLETE
SECTIONS
Sec. 201. RCW 28A.205.050 and 1993
c 211 s 4 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 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. 202. RCW 28A.630.400 and 1991
c 285 s 2 are each amended to read as follows:
(1) The state board of
education and the state board for community and technical colleges
((education)), in consultation with the superintendent of public
instruction, the higher education coordinating board, the state apprenticeship
training council, and community colleges, shall ((work cooperatively to
develop by September 1, 1992, an educational paraprofessional)) adopt
rules as necessary under chapter 34.05 RCW to implement the paraeducator
associate of arts degree.
(2) As used in this
section, ((an "educational paraprofessional")) a
"paraeducator" is an individual who has completed an associate of
arts degree for ((an educational paraprofessional)) a paraeducator.
The ((educational paraprofessional)) paraeducator may be hired by
a school district to assist certificated instructional staff in the direct
instruction of children in small and large groups, individualized instruction,
testing of children, recordkeeping, and preparation of materials. The ((educational
paraprofessional)) paraeducator shall work under the direction of
instructional certificated staff.
(3) The training
program for ((an educational paraprofessional)) a paraeducator
associate of arts degree shall include, but is not limited to, the general
requirements for receipt of an associate of arts degree and training in the
areas of introduction to childhood education, orientation to handicapped
children, fundamentals of childhood education, creative activities for
children, instructional materials for children, fine art experiences for
children, the psychology of learning, introduction to education, child health
and safety, child development and guidance, first aid, and a practicum in a
school setting.
(4) ((In developing
the program,)) Consideration shall be given to transferability of
credit earned in this program to teacher preparation programs at colleges and
universities.
(((5) The agencies
identified under subsection (1) of this section shall adopt rules as necessary
under chapter 34.05 RCW to implement this section.))
NEW SECTION. Sec.
203. The following acts or
parts of acts are each repealed:
(1) RCW 28A.170.010 and
1987 c 518 s 205;
(2) RCW 28A.170.020 and
1990 c 33 s 153, 1989 c 233 s 5, & 1987 c 518 s 206;
(3) RCW 28A.170.030 and
1987 c 518 s 207;
(4) RCW 28A.170.040 and
1990 c 33 s 154 & 1987 c 518 s 208;
(5) RCW 28A.170.060 and
1994 c 245 s 5, 1989 c 271 s 113, & 1987 c 518 s 210;
(6) RCW 28A.170.070 and
1990 c 33 s 155 & 1987 c 518 s 211;
(7) RCW 28A.175.060 and
1987 c 518 s 218;
(8) RCW 28A.210.050 and
1969 ex.s. c 223 s 28A.31.060;
(9) RCW 28A.225.190 and
1969 ex.s. c 223 s 28A.58.220;
(10) RCW 28A.405.150
and 1990 c 33 s 388, 1988 c 241 s 1, 1986 c 73 s 1, & 1985 c 420 s 7;
(11) RCW 28A.405.160
and 1990 c 33 s 389 & 1985 c 420 s 8;
(12) RCW 28A.415.290
and 1993 c 336 s 406;
(13) RCW 28A.630.090
and 1990 c 33 s 524 & 1987 c 401 s 11;
(14) RCW 28A.630.091
and 1987 c 401 s 13;
(15) RCW 28A.630.750
and 1991 c 346 s 1;
(16) RCW 28A.630.753
and 1991 c 346 s 2;
(17) RCW 28A.630.756
and 1991 c 346 s 3;
(18) RCW 28A.630.759
and 1991 c 346 s 4;
(19) RCW 28A.630.762
and 1991 c 346 s 5;
(20) RCW 28A.630.765
and 1991 c 346 s 6;
(21) RCW 28A.630.768
and 1991 c 346 s 7;
(22) RCW 28A.630.771
and 1991 c 346 s 8;
(23) RCW 28A.630.774
and 1991 c 346 s 9;
(24) RCW 28A.630.777
and 1991 c 346 s 10;
(25) RCW 28A.630.780
and 1991 c 346 s 11;
(26) RCW 28A.630.783
and 1991 c 346 s 12;
(27) RCW 28A.630.786
and 1991 c 346 s 13;
(28) RCW 28A.630.789
and 1991 c 346 s 14; and
(29) RCW 28A.630.800
and 1985 c 349 s 3.
Sec. 204. RCW 28A.170.075 and 1990
c 33 s 156 are each amended to read as follows:
(1) The legislature
finds that the provision of drug and alcohol counseling and related prevention
and intervention services in schools will enhance the classroom environment for
students and teachers, and better enable students to realize their academic and
personal potentials.
(2) The legislature
finds that it is essential that resources be made available to school districts
to provide early drug and alcohol prevention and intervention services to
students and their families; to assist in referrals to treatment providers; and
to strengthen the transition back to school for students who have had problems
of drug and alcohol abuse.
(3) ((New and
existing)) Substance abuse awareness programs funded ((pursuant
to RCW 28A.170.010 through 28A.170.070)) under this chapter do not
fall within the definition of basic education for purposes of Article IX of the
state Constitution and the state's funding duty thereunder.
(4) The legislature
intends to provide grants for drug and alcohol abuse prevention and
intervention in schools, targeted to those schools with the highest
concentrations of students at risk.
Sec. 205. RCW 28A.170.090 and 1990
c 33 s 158 are each amended to read as follows:
(1) The superintendent
of public instruction shall select school districts and cooperatives of school
districts to receive grants for drug and alcohol abuse prevention and
intervention programs for students in kindergarten through twelfth grade, from
funds appropriated by the legislature for this purpose. The minimum annual
grant amount per district or cooperative of districts shall be twenty thousand
dollars. Factors to be used in selecting proposals for funding and in
determining grant awards shall be developed in consultation with the substance
abuse advisory committee appointed under RCW 28A.170.050, with the intent of
targeting funding to districts with high-risk populations. These factors may
include:
(a) Characteristics of
the school attendance areas to be served, such as the number of students from
low-income families, truancy rates, juvenile justice referrals, and social
services caseloads;
(b) The total number of
students who would have access to services; and
(c) Participation of
community groups and law enforcement agencies in drug and alcohol abuse
prevention and intervention activities.
(2) The application
procedures for grants under this section shall ((be consistent with the
application procedures for other grants for substance abuse awareness programs
under RCW 28A.170.020, including)) include provisions for
comprehensive planning, establishment of a school and community substance abuse
advisory committee, and documentation of the district's needs assessment.
Planning and application for grants under this section may be integrated with
the development of other substance abuse awareness programs by school
districts((, and other grants under RCW 28A.170.010 through 28A.170.040
shall not require a separate application)). School districts shall, to the
maximum extent feasible, coordinate the use of grants provided under this
section with other funding available for substance abuse awareness programs.
School districts should allocate resources giving emphasis to drug and alcohol
abuse intervention services for students in grades five through nine. Grants
may be used to provide services for students who are enrolled in approved
private schools.
(3) School districts
receiving grants under this section shall be required to establish a means of
accessing formal assessment services for determining treatment needs of
students with drug and alcohol problems. The grant applications submitted by
districts shall identify the districts' plan for meeting this requirement.
(4) School districts
receiving grants under this section shall be required to perform biennial
evaluations of their drug and alcohol abuse prevention and intervention
programs, and to report on the results of these evaluations to the
superintendent of public instruction.
(5) The superintendent
of public instruction may adopt rules to implement RCW 28A.170.080 ((through
28A.170.100)) and 28A.170.090.
PART III -
RECODIFICATIONS OR TECHNICAL CHANGES
Sec. 301. RCW 28A.610.010 and 1990
c 33 s 505 are each amended to read as follows:
(1) Parents can be the
most effective teachers for their children. Providing illiterate or
semiliterate parents with opportunities to acquire basic skills and child development
knowledge will enhance their ability to assist and support their children in
the learning process, and will enhance children's learning experiences in the
formal education environment by providing children with the motivation and
positive home environment which contribute to enhanced academic performance.
(2) ((RCW
28A.610.020 through 28A.610.060)) This chapter may be known and
cited as project even start.
Sec. 302. RCW 28A.610.020 and 1990
c 33 s 506 are each amended to read as follows:
Unless the context
clearly requires otherwise, the definition in this section shall apply
throughout ((RCW 28A.610.030 through 28A.610.060)) this chapter.
"Parent" or
"parents" means a parent who has less than an eighth grade ability in
one or more of the basic skill areas of reading, language arts, or mathematics,
as measured by a standardized test, and who has a child or children enrolled
in: (1) The state early childhood education and assistance program; (2) a
federal head start program; (3) a state or federally funded elementary school
basic skills program serving students who have scored below the national
average on a standardized test in one or more of the basic skill areas of
reading, language arts, or mathematics; or (4) a cooperative ((nursery
school)) preschool at a community or technical college ((or
vocational technical institute)).
Sec. 303. RCW 28A.610.030 and 1990
c 33 s 507 are each amended to read as follows:
(1) The ((superintendent
of public instruction)) state board for community and technical colleges,
in consultation with the department of community, trade, and economic
development, the department of social and health services, the ((state board
for community education)) superintendent of public instruction, and
community-based, nonprofit providers of adult literacy services, shall develop
an adult literacy program to serve eligible parents as defined under RCW
28A.610.020. The program shall give priority to serving parents with children
who have not yet enrolled in school or are in grades kindergarten through
three.
(2) In addition to
providing basic skills instruction to eligible parents, the program may include
other program components which may include transportation, child care, and such
other directly necessary activities as may be necessary to accomplish the
purposes of ((RCW 28A.610.020 through 28A.610.060)) this chapter.
(3) Parents who elect
to participate in training or work programs, as a condition of receiving public
assistance, shall have the hours spent in parent participation programs,
conducted as part of a federal head start program, or the state early childhood
education and assistance program under RCW 28A.215.100 through 28A.215.200 and
28A.215.900 through 28A.215.908, or parent literacy programs under ((RCW
28A.610.020 through 28A.610.060)) this chapter, counted toward the
fulfillment of their work and training obligation for the receipt of public
assistance.
(4) State funds as may
be appropriated for project even start shall be used solely to expand and
complement, but not supplant, federal funds for adult literary programs.
(5) The ((superintendent
of public instruction)) state board for community and technical colleges
shall adopt rules as necessary to carry out the purposes of ((RCW
28A.610.020 through 28A.610.060)) this chapter.
Sec. 304. RCW 28A.600.--- and 1995
c . . . (SSB 5440) s 2 are each amended to read as follows:
(1) Any elementary or
secondary school student who is determined to have carried a firearm onto, or
to have possessed a firearm on, public elementary or secondary school
premises, public school-provided transportation, or areas of facilities while
being used exclusively by public schools, shall be expelled from school for not
less than one year under RCW 28A.600.010. The superintendent of the school
district, educational service district, state school for the deaf, or state
school for the blind may modify the expulsion of a student on a case-by-case
basis.
(2) For purposes of
this section, "firearm" means a firearm as defined in 18 U.S.C. Sec.
921, and a "firearm" as defined in RCW 9.41.010.
(3) This section shall
be construed in a manner consistent with the individuals with disabilities
education act, 20 U.S.C. Sec. 1401 et seq.
(4) Nothing in this
section prevents a public school district, educational service district, the
state school for the deaf, or the state school for the blind if it has expelled
a student from such student's regular school setting from providing educational
services to the student in an alternative setting.
(5) This section does
not apply to:
(a) Any student while
engaged in military education authorized by school authorities in which rifles
are used but not other firearms; or
(b) Any student while
involved in a convention, showing, demonstration, lecture, or firearms safety
course authorized by school authorities in which the rifles of collectors or
instructors are handled or displayed but not other firearms; or
(c) Any student while
participating in a rifle competition authorized by school authorities.
NEW SECTION. Sec.
305. The following sections
are each recodified as new sections in chapter 28A.410 RCW:
RCW 28A.405.010
RCW 28A.405.025
NEW SECTION. Sec.
306. The following sections
are recodified as a new chapter in Title 28B RCW:
RCW 28A.610.010
RCW 28A.610.020
RCW 28A.610.030
RCW 28A.610.040
RCW 28A.610.050
NEW SECTION. Sec.
307. The following acts or
parts of acts are each repealed:
(1) RCW 28A.175.070 and
1994 c 245 s 6 & 1987 c 518 s 219;
(2) RCW 28A.210.005 and
1989 1st ex.s. c 9 s 239;
(3) RCW 28A.215.300 and
1986 c 150 s 1;
(4) RCW 28A.215.310 and
1990 c 33 s 216 & 1986 c 150 s 2;
(5) RCW 28A.215.320 and
1986 c 150 s 3;
(6) RCW 28A.215.330 and
1990 c 33 s 217 & 1986 c 150 s 4; and
(7) RCW 28A.234.010 and
1993 sp.s. c 4 s 15.
Sec. 308. RCW 28A.215.020 and 1990
c 33 s 210 are each amended to read as follows:
Expenditures under
federal funds and/or state appropriations made to carry out the purposes of RCW
28A.215.010 through 28A.215.050 ((and 28A.215.300 through 28A.215.330))
shall be made by warrants issued by the state treasurer upon order of the
superintendent of public instruction. The state board of education shall make
necessary rules and regulations to carry out the purpose of RCW 28A.215.010.
Sec. 309. RCW 28A.215.030 and 1990
c 33 s 211 are each amended to read as follows:
In the event the
legislature appropriates any moneys to carry out the purposes of RCW 28A.215.010
through 28A.215.050 ((and 28A.215.300 through 28A.215.330)), allocations
therefrom may be made to school districts for the purpose of underwriting
allocations made or requested from federal funds until such federal funds are
available. Any school district may allocate a portion of its funds for the
purpose of carrying out the provisions of RCW 28A.215.010 through 28A.215.050
((and 28A.215.300 through 28A.215.330)) pending the receipt of
reimbursement from funds made available by acts of congress.
Sec. 310. RCW 28A.215.050 and 1990
c 33 s 212 are each amended to read as follows:
As a supplement to the
authority otherwise granted by RCW 28A.215.010 through 28A.215.050 ((and
28A.215.300 through 28A.215.330)) respecting the care or instruction, or
both, of children in general, the board of directors of any school district may
only utilize funds outside the state basic education appropriation and the
state school transportation appropriation to:
(1) Contract with
public and private entities to conduct all or any portion of the management and
operation of a child care program at a school district site or elsewhere;
(2) Establish charges
based upon costs incurred under this section and provide for the reduction or
waiver of charges in individual cases based upon the financial ability of the
parents or legal guardians of enrolled children to pay the charges, or upon
their provision of other valuable consideration to the school district; and
(3) Transport children
enrolled in a child care program to the program and to related sites using
district-owned school buses and other motor vehicles, or by contracting for
such transportation and related services: PROVIDED, That no child three years
of age or younger shall be transported under the provisions of this section
unless accompanied by a parent or guardian.
PART IV - UNFUNDED
PROGRAMS
Sec. 401. RCW 28A.405.120 and 1985
c 420 s 3 are each amended to read as follows:
School districts shall
require each administrator, each principal, or other supervisory personnel who
has responsibility for evaluating classroom teachers to have training in
evaluation procedures. ((The superintendent of public instruction shall
provide technical assistance to the local school districts and to the
educational service districts in providing training to evaluators.))
NEW SECTION. Sec.
402. The following acts or
parts of acts are each repealed:
(1) RCW 28A.175.020 and
1987 c 518 s 213;
(2) RCW 28A.175.030 and
1990 c 33 s 160, 1989 c 209 s 1, & 1987 c 518 s 214;
(3) RCW 28A.175.040 and
1990 c 33 s 161, 1989 c 209 s 2, & 1987 c 518 s 215;
(4) RCW 28A.175.050 and
1990 c 33 s 162 & 1987 c 518 s 217;
(5) RCW 28A.240.010 and
1990 c 33 s 248 & 1985 c 422 s 2;
(6) RCW 28A.240.020 and
1985 c 422 s 1;
(7) RCW 28A.240.030 and
1990 c 33 s 249 & 1985 c 422 s 3;
(8) RCW 28A.300.110 and
1990 c 33 s 255, 1987 1st ex.s. c 2 s 208, 1987 c 197 s 1, & 1984 c 278 s
5;
(9) RCW 28A.300.180 and
1989 c 146 s 3;
(10) RCW 28A.300.200
and 1991 c 128 s 13 & 1990 c 243 s 9;
(11) RCW 28A.415.110
and 1991 c 258 s 3;
(12) RCW 28A.415.115
and 1991 c 258 s 4;
(13) RCW 28A.415.220
and 1993 c 217 s 1 & 1991 c 252 s 1;
(14) RCW 28A.600.425
and 1992 c 196 s 2;
(15) RCW 28A.600.430
and 1992 c 196 s 3;
(16) RCW 28A.600.435
and 1992 c 196 s 4;
(17) RCW 28A.600.440
and 1992 c 196 s 5;
(18) RCW 28A.600.445
and 1992 c 196 s 6;
(19) RCW 28A.600.450
and 1992 c 196 s 7;
(20) RCW 28A.615.060
and 1989 c 310 s 1;
(21) RCW 28A.625.300
and 1985 c 349 s 4;
(22) RCW 28A.630.070
and 1990 c 148 s 2;
(23) RCW 28A.630.075
and 1990 c 148 s 3;
(24) RCW 28A.630.300
and 1987 c 349 s 1;
(25) RCW 28A.630.320
and 1990 c 33 s 534 & 1987 c 349 s 3;
(26) RCW 28A.630.330
and 1990 c 33 s 535 & 1987 c 349 s 4; and
(27) RCW 28A.630.390
and 1987 c 349 s 7.
Sec. 403. RCW 28A.415.105 and 1991
c 258 s 2 are each amended to read as follows:
Unless the context
clearly requires otherwise, the definitions in this section apply throughout
RCW ((28A.415.110)) 28A.415.125 through 28A.415.140.
(1) "Cooperating
organizations" means that at least one school district, one college or
university, and one educational service district are involved jointly with the
development of a student teaching center.
(2) "Cooperating
teacher" means a teacher who holds a continuing certificate and supervises
and coaches a student teacher.
(3) "Field
experience" means opportunities for observation, tutoring, microteaching,
extended practicums, and clinical and laboratory experiences which do not fall
within the meaning of student teaching.
(4) "School
setting" means a classroom in a public, common school in the state of
Washington.
(5) "Student
teacher" means a candidate for initial teacher certification who is in a
state board of education-approved, or regionally or nationally accredited
teacher preparation program in a school setting as part of the field-based
component of their preparation program.
(6) "Student
teaching" means the full quarter or semester in a school setting during
which the student teacher observes the cooperating teacher, participates in
instructional activities, and assumes both part-time and full-time teaching
responsibilities under the supervision of the cooperating teacher.
(7) "Student
teaching center" means the program established to provide student teachers
in a geographic region of the state with special support and training as part
of their teacher preparation program.
(8) "Supervisor or
university supervisor" means the regular or adjunct faculty member, or
college or university-approved designee, who assists and supervises the work of
cooperating teachers and student teachers.
Sec. 404. RCW 28B.90.005 and 1993
c 181 s 1 are each amended to read as follows:
The legislature finds
that it has previously declared in RCW 28B.107.005 that it is important to the
economic future of the state to promote international awareness and
understanding, and in RCW 1.20.100 ((and 28A.630.300)), that the state's
economy and economic well-being depends heavily on foreign trade and
international exchange.
The legislature finds
that it is appropriate that such policies should be implemented by encouraging
universities and colleges domiciled in foreign countries to establish branch
campuses in Washington and that it is also important to those foreign colleges
and universities that their status as authorized foreign degree-granting
institutions be recognized by this state to facilitate the establishment and
operation of such branch campuses.
In the furtherance of
such policy, the legislature adopts the foreign degree-granting institution
approved branch campus act.
NEW SECTION. Sec.
405. RCW 28A.415.120 and 1991
c 258 s 5 are each repealed.
PART V - REPORTS
Sec. 501. RCW 28A.215.170 and 1994
c 166 s 9 are each amended to read as follows:
((The governor shall
report to the legislature before each regular session of the legislature
convening in an odd-numbered year, on the current status of the program, the
state-wide need for early childhood program services, and the plans to address
these needs. The department shall consult with the office of the
superintendent of public instruction in the preparation of the biennial report
and on all issues of mutual concern addressed in the report.
The governor's
report shall include specific recommendations on at least the following issues:
(1) The desired
relationships of a state-funded early childhood education and assistance
program with the common school system;
(2) The types of
children and their needs that the program should serve;
(3) The appropriate
level of state support for implementing a comprehensive early childhood
education and assistance program for all eligible children, including related
programs to prepare instructors and provide facilities, equipment, and
transportation;
(4) The state
administrative structure necessary to implement the program; and
(5) The
establishment of a system)) The
department shall annually report to the governor and the legislature on the
findings of the longitudinal study undertaken to examine and monitor the
effectiveness of early childhood educational and assistance services for
eligible children to measure, among other elements, if possible, how the
average level of performance of children completing this program compare to the
average level of performance of all state students in their grade level, and to
the average level of performance of those eligible students who did not have
access to this program. The evaluation system shall examine how the percentage
of these children needing access to special education or remedial programs
compares to the overall percentage of children needing such services and
compares to the percentage of eligible students who did not have access to this
program needing such services.
Sec. 502. RCW 28A.320.200 and 1990
c 33 s 333 are each amended to read as follows:
(1) Each school
district board of directors shall develop a schedule and process by which each
public school within its jurisdiction shall undertake self-study procedures on
a regular basis: PROVIDED, That districts may allow two or more elementary
school buildings in the district to undertake jointly the self-study process.
Each school may follow the accreditation process developed by the state board
of education under RCW 28A.305.130(6), although no school is required to file
for actual accreditation, or the school may follow a self-study process
developed locally. The initial self-study process within each district shall
begin by September 1, 1986, and should be completed for all schools within a
district by the end of the 1990‑91 school year.
(2) Any self-study
process must include the participation of staff, parents, members of the
community, and students, where appropriate to their age.
(3) The self-study
process that is used must focus upon the quality and appropriateness of the
school's educational program and the results of its operational effort. The
primary emphasis throughout the process shall be placed upon:
(a) Achieving
educational excellence and equity;
(b) Building stronger
links with the community; and
(c) Reaching consensus
upon educational expectations through community involvement and corresponding
school management.
(4) The state board of
education shall adopt rules governing procedural criteria. Such rules should
be flexible so as to accommodate local goals and circumstances. The rules may
allow for waiver of the self-study for economic reasons and may also allow for
waiver of the initial self-study if a district or its schools have participated
successfully in an official accreditation process or in a similar assessment of
educational programs within the last three years. The self-study process shall
be conducted on a cyclical basis every seven years following the initial 1990‑91
period.
(5) The superintendent
of public instruction shall provide training to assist districts in their
self-studies.
(((6) Each district
shall report every two years to the superintendent of public instruction on the
scheduling and implementation of their self-study activities. The report shall
include information about how the district and each school within the district
have addressed the issue of class size and staffing patterns.))
Sec. 503. RCW 28A.330.100 and 1991
c 116 s 17 are each amended to read as follows:
Every board of
directors of a school district of the first class, in addition to the general
powers for directors enumerated in this title, shall have the power:
(1) To employ for a
term of not exceeding three years a superintendent of schools of the district,
and for cause to dismiss him or her; and to fix his or her duties and compensation.
(2) To employ, and for
cause dismiss one or more assistant superintendents and to define their duties
and fix their compensation.
(3) To employ a
business manager, attorneys, architects, inspectors of construction,
superintendents of buildings and a superintendent of supplies, all of whom
shall serve at the board's pleasure, and to prescribe their duties and fix
their compensation.
(4) To employ, and for
cause dismiss, supervisors of instruction and to define their duties and fix
their compensation.
(5) To prescribe a
course of study and a program of exercises which shall be consistent with the
course of study prepared by the state board of education for the use of the
common schools of this state.
(6) To, in addition to
the minimum requirements imposed by this title establish and maintain such
grades and departments, including night, high, kindergarten, vocational
training and, except as otherwise provided by law, industrial schools, and
schools and departments for the education and training of any class or classes
of handicapped youth, as in the judgment of the board, best shall promote the
interests of education in the district.
(7) To determine the
length of time over and above one hundred eighty days that school shall be
maintained: PROVIDED, That for purposes of apportionment no district shall be
credited with more than one hundred and eighty-three days' attendance in any
school year; and to fix the time for annual opening and closing of schools and
for the daily dismissal of pupils before the regular time for closing schools.
(8) To maintain a shop
and repair department, and to employ, and for cause dismiss, a foreman and the
necessary help for the maintenance and conduct thereof.
(9) To provide free
textbooks and supplies for all children attending school.
(10) To require of the
officers or employees of the district to give a bond for the honest performance
of their duties in such penal sum as may be fixed by the board with good and
sufficient surety, and to cause the premium for all bonds required of all such
officers or employees to be paid by the district: PROVIDED, That the board
may, by written policy, allow that such bonds may include a deductible proviso
not to exceed two percent of the officer's or employee's annual salary.
(11) To prohibit all
secret fraternities and sororities among the students in any of the schools of
the said districts.
(12) To appoint a
practicing physician, resident of the school district, who shall be known as
the school district medical inspector, and whose duty it shall be to decide for
the board of directors all questions of sanitation and health affecting the
safety and welfare of the public schools of the district who shall serve at the
board's pleasure((; the school district medical inspector or authorized
deputies shall make monthly inspections of each school in the district and
report the condition of the same to the board of education and board of health)):
PROVIDED, That children shall not be required to submit to vaccination against
the will of their parents or guardian.
Sec. 504. RCW 28A.400.306 and 1992
c 159 s 9 are each amended to read as follows:
The state patrol shall
accept fingerprints obtained under this chapter only if it can ensure that the
patrol will not retain a record of the fingerprints after the check is
complete. It shall not forward fingerprints obtained under this chapter to the
federal bureau of investigation unless it can ensure that the federal bureau of
investigation will not retain a record of the fingerprints after the check is
complete. ((The state patrol shall report to the house of representatives
appropriations committee and the senate ways and means committee on measures
taken to implement this section before accepting any fingerprints obtained
under this chapter.))
Sec. 505. RCW 28A.630.885 and 1994
c 245 s 13 are each amended to read as follows:
(1) The Washington
commission on student learning is hereby established. The primary purposes of
the commission are to identify the knowledge and skills all public school
students need to know and be able to do based on the student learning goals in
RCW 28A.150.210, to develop student assessment and school accountability
systems, to review current school district data reporting requirements and
make recommendations on what data is necessary for the purposes of
accountability and meeting state information needs, and to take other steps
necessary to develop a performance-based education system. The commission
shall include three members of the state board of education, three members
appointed by the governor before July 1, 1992, and five members appointed no
later than June 1, 1993, by the governor elected in the November 1992
election. The governor shall appoint a chair from the commission members, and
fill any vacancies in gubernatorial appointments that may occur. The state
board of education shall fill any vacancies of state board of education
appointments that may occur. In making the appointments, educators, business
leaders, and parents shall be represented, and nominations from state-wide
education, business, and parent organizations shall be requested. Efforts
shall be made to ensure that the commission reflects the racial and ethnic
diversity of the state's K-12 student population and that the major geographic
regions in the state are represented. Appointees shall be qualified
individuals who are supportive of educational restructuring, who have a
positive record of service, and who will devote sufficient time to the
responsibilities of the commission to ensure that the objectives of the
commission are achieved.
(2) The commission
shall establish advisory committees. Membership of the advisory committees shall
include, but not necessarily be limited to, professionals from the office of
the superintendent of public instruction and the state board of education, and
other state and local educational practitioners and student assessment
specialists.
(3) The commission,
with the assistance of the advisory committees, shall:
(a) Develop essential
academic learning requirements based on the student learning goals in RCW
28A.150.210. Essential academic learning requirements shall be developed, to
the extent possible, for each of the student learning goals in RCW
28A.150.210. Goals one and two shall be considered primary. Essential
academic learning requirements for RCW 28A.150.210(1), goal one, and the
mathematics component of RCW 28A.150.210(2), goal two, shall be completed no
later than March 1, 1995. Essential academic learning requirements that
incorporate the remainder of RCW 28A.150.210 (2), (3), and (4), goals two,
three, and four, shall be completed no later than March 1, 1996. To the
maximum extent possible, the commission shall integrate goal four and the
knowledge and skill areas in the other goals in the development of the
essential academic learning requirements;
(b)(i) The commission
shall present to the state board of education and superintendent of public
instruction a state-wide academic assessment system for use in the elementary,
middle, and high school years designed to determine if each student has mastered
the essential academic learning requirements identified in (a) of this
subsection. The academic assessment system shall include a variety of
assessment methods, including performance-based measures that are
criterion-referenced. Performance standards for determining if a student has
successfully completed an assessment shall be initially determined by the
commission in consultation with the advisory committees required in subsection
(2) of this section.
(ii) The assessment
system shall be designed so that the results under the assessment system are
used by educators as tools to evaluate instructional practices, and to initiate
appropriate educational support for students who have not mastered the
essential academic learning requirements at the appropriate periods in the
student's educational development.
(iii) Assessments
measuring the essential academic learning requirements developed for RCW
28A.150.210(1), goal one, and the mathematics component of RCW 28A.150.210(2),
goal two, shall be initially implemented by the state board of education and
superintendent of public instruction no later than the 1996-97 school year,
unless the legislature takes action to delay or prevent implementation of the
assessment system and essential academic learning requirements. Assessments
measuring the essential academic learning requirements developed for RCW
28A.150.210 (2), (3), and (4), goals two, three, and four, shall be initially
implemented by the state board of education and superintendent of public
instruction no later than the 1997-98 school year, unless the legislature takes
action to delay or prevent implementation of the assessment system and
essential academic learning requirements. To the maximum extent possible, the
commission shall integrate knowledge and skill areas in development of the
assessments.
(iv) Before the
2000-2001 school year, participation by school districts in the assessment
system shall be optional. School districts that desire to participate before
the 2000-2001 school year shall notify the superintendent of public instruction
in a manner determined by the superintendent. Beginning in the 2000-2001
school year, all school districts shall be required to participate in the
assessment system.
(v) The state board of
education and superintendent of public instruction may modify the essential
academic learning requirements and academic assessment system, as needed, in
subsequent school years.
(vi) The commission
shall develop assessments that are directly related to the essential academic learning
requirements, and are not biased toward persons with different learning styles,
racial or ethnic backgrounds, or on the basis of gender;
(c) After a
determination is made by the state board of education that the high school
assessment system has been implemented and that it is sufficiently reliable and
valid, successful completion of the high school assessment shall lead to a
certificate of mastery. The certificate of mastery shall be obtained by most
students at about the age of sixteen, and is evidence that the student has
successfully mastered the essential academic learning requirements during his
or her educational career. The certificate of mastery shall be required for
graduation but shall not be the only requirement for graduation. The commission
shall make recommendations to the state board of education regarding the
relationship between the certificate of mastery and high school graduation
requirements. Upon achieving the certificate of mastery, schools shall provide
students with the opportunity to continue to pursue career and educational
objectives through educational pathways that emphasize integration of academic
and vocational education. Educational pathways may include, but are not
limited to, programs such as work-based learning, school-to-work transition,
tech prep, vocational-technical education, running start, and preparation for
technical college, community college, or university education;
(d) Consider methods to
address the unique needs of special education students when developing the
assessments in (b) and (c) of this subsection;
(e) Consider methods to
address the unique needs of highly capable students when developing the
assessments in (b) and (c) of this subsection;
(f) Develop
recommendations on the time, support, and resources, including technical
assistance, needed by schools and school districts to help students achieve the
essential academic learning requirements. These recommendations shall include
an estimate for the legislature, superintendent of public instruction, and
governor on the expected cost of implementing the academic assessment system;
(g) Develop
recommendations for consideration by the higher education coordinating board
for adopting college and university entrance requirements for public school
students that are consistent with the essential academic learning requirements
and the certificate of mastery;
(h) Review current
school district data reporting requirements for the purposes of accountability
and meeting state information needs. The commission on student learning shall
report recommendations to the joint select committee on education restructuring
by September 15, 1996, on:
(i) What data is
necessary to compare how school districts are performing before the essential
academic learning requirements and the assessment system are implemented with
how school districts are performing after the essential academic learning
requirements and the assessment system are implemented; and
(ii) What data is
necessary pertaining to school district reports under the accountability
systems developed by the commission on student learning under this section;
(i) By December
1, 1998, recommend to the legislature, governor, state board of education, and
superintendent of public instruction:
(i) A state-wide
accountability system to monitor and evaluate accurately and fairly the level
of learning occurring in individual schools and school districts. The
accountability system shall be designed to recognize the characteristics of the
student population of schools and school districts such as gender, race,
ethnicity, socioeconomic status, and other factors. The system shall include
school-site, school district, and state-level accountability reports;
(ii) A school
assistance program to help schools and school districts that are having
difficulty helping students meet the essential academic learning requirements;
(iii) A system to
intervene in schools and school districts in which significant numbers of
students persistently fail to learn the essential academic learning
requirements; and
(iv) An awards program
to provide incentives to school staff to help their students learn the
essential academic learning requirements, with each school being assessed
individually against its own baseline. Incentives shall be based on the rate
of percentage change of students achieving the essential academic learning
requirements. School staff shall determine how the awards will be spent.
It is the intent of the
legislature to begin implementation of programs in this subsection (3)(((h)))
(i) on September 1, 2000;
(((i))) (j)
Report annually by December 1st to the legislature, the governor, the
superintendent of public instruction, and the state board of education on the
progress, findings, and recommendations of the commission; and
(((j))) (k)
Make recommendations to the legislature and take other actions necessary or
desirable to help students meet the student learning goals.
(4) The commission
shall coordinate its activities with the state board of education and the office
of the superintendent of public instruction.
(5) The commission
shall seek advice broadly from the public and all interested educational
organizations in the conduct of its work, including holding periodic regional
public hearings.
(6) The commission shall
select an entity to provide staff support and the office of the superintendent
of public instruction shall provide administrative oversight and be the fiscal
agent for the commission. The commission may direct the office of the
superintendent of public instruction to enter into subcontracts, within the
commission's resources, with school districts, teachers, higher education
faculty, state agencies, business organizations, and other individuals and
organizations to assist the commission in its deliberations.
(7) Members of the
commission shall be reimbursed for travel expenses as provided in RCW 43.03.050
and 43.03.060.
Sec. 506. RCW 28A.630.952 and 1994
c 245 s 4 are each amended to read as follows:
(1) In addition to the
duties in RCW 28A.630.951, the joint select committee on education
restructuring shall review all laws pertaining to K-12 public education and to
educator preparation and certification with the intent of identifying laws that
inhibit the achievement of the new system of performance-based education. The
select committee shall report to the legislature by November 15, 1994. The
laws pertaining to home schooling and private schools shall not be reviewed in
this study.
(2) The joint select
committee on education restructuring shall review ((current)) the
school district data reporting requirements for the purposes of accountability
and meeting state information needs reported by the commission on student
learning under RCW 28A.630.885. The joint select committee shall report its
recommendations to the legislature by January 1996 ((on:
(a) What data is
necessary to compare how school districts are performing before the essential
academic learning requirements and the assessment system are implemented with
how school districts are performing after the essential academic learning
requirements and the assessment system are implemented; and
(b) What data is
necessary pertaining to school district reports under the accountability
systems developed by the commission on student learning under RCW
28A.630.885(3)(h))).
Sec. 507. RCW 28A.650.015 and 1994
c 245 s 2 are each amended to read as follows:
(1) The superintendent
of public instruction, to the extent funds are appropriated, shall develop and
implement a Washington state K-12 education technology plan. The technology
plan((, which)) shall be ((completed by September 1, 1994, and))
updated on at least a biennial basis, shall be developed to coordinate and expand
the use of education technology in the common schools of the state. The plan
shall be consistent with applicable provisions of chapter 43.105 RCW. The
plan, at a minimum, shall address:
(a) The provision of
technical assistance to schools and school districts for the planning,
implementation, and training of staff in the use of technology in curricular
and administrative functions;
(b) The continued
development of a network to connect school districts, institutions of higher
learning, and other sources of on-line information; and
(c) Methods to
equitably increase the use of education technology by students and school
personnel throughout the state.
(2) The superintendent
of public instruction shall appoint an educational technology advisory committee
to assist in the development and implementation of the technology plan in
subsection (1) of this section. The committee shall include, but is not
limited to, persons representing: The state board of education, the commission
on student learning, the department of information services, educational
service districts, school directors, school administrators, school principals,
teachers, classified staff, higher education faculty, parents, students,
business, labor, scientists and mathematicians, the higher education
coordinating board, the work force training and education coordinating board,
and the state library.
NEW SECTION. Sec.
508. The following acts or
parts of acts are each repealed:
(1) RCW 28A.205.060 and
1993 c 211 s 5 & 1985 c 434 s 2;
(2) RCW 28A.225.180 and
1990 c 33 s 233 & 1969 ex.s. c 223 s 28A.58.215;
(3) RCW 28A.225.320 and
1990 1st ex.s. c 9 s 210;
(4) RCW 28A.300.210 and
1991 c 201 s 18;
(5) RCW 28A.335.310 and
1993 c 461 s 3; and
(6) RCW 28A.340.050 and
1990 c 33 s 370 & 1988 c 268 s 7.
PART VI - PERMISSIVE
LANGUAGE
Sec. 601. RCW 28A.180.080 and 1990
c 33 s 167 are each amended to read as follows:
The superintendent of
public instruction shall prepare and submit biennially to the governor and the
legislature a budget request for bilingual instruction programs. Moneys appropriated
by the legislature for the purposes of RCW 28A.180.010 through 28A.180.080
shall be allocated by the superintendent of public instruction to school
districts for the sole purpose of operating an approved bilingual instruction
program; priorities for funding shall exist for the early elementary grades.
No moneys shall be allocated pursuant to this section to fund more than three
school years of bilingual instruction for each eligible pupil within a
district: PROVIDED, That such moneys may be allocated to fund more than three
school years of bilingual instruction for any pupil who fails to demonstrate
improvement in English language skills adequate to remove impairment of
learning when taught only in English. The superintendent of public instruction
shall set standards and approve a test for the measurement of such English
language skills. ((School districts are hereby empowered to accept grants,
gifts, donations, devices and other gratuities from private and public sources
to aid in accomplishing the purposes of RCW 28A.180.010 through 28A.180.080.))
Sec. 602. RCW 28A.225.220 and 1993
c 336 s 1008 are each amended to read as follows:
(1) Any board of
directors may make agreements with adults choosing to attend school((:
PROVIDED, That unless such arrangements are approved by the state
superintendent of public instruction, a reasonable tuition charge, fixed by the
state superintendent of public instruction, shall be paid by such students as
best may be accommodated therein)), and may charge the adults reasonable
tuition.
(2) A district is
strongly encouraged to honor the request of a parent or guardian for his or her
child to attend a school in another district.
(3) A district shall
release a student to a nonresident district that agrees to accept the student
if:
(a) A financial,
educational, safety, or health condition affecting the student would likely be
reasonably improved as a result of the transfer; or
(b) Attendance at the
school in the nonresident district is more accessible to the parent's place of
work or to the location of child care; or
(c) There is a special
hardship or detrimental condition.
(4) A district may deny
the request of a resident student to transfer to a nonresident district if the
release of the student would adversely affect the district's existing
desegregation plan.
(5) For the purpose of
helping a district assess the quality of its education program, a resident
school district may request an optional exit interview or questionnaire with the
parents or guardians of a child transferring to another district. No parent or
guardian may be forced to attend such an interview or complete the
questionnaire.
(6) Beginning with the
1993-94 school year, school districts may not charge transfer fees or tuition
for nonresident students enrolled under subsection (3) of this section and RCW
28A.225.225. Reimbursement of a high school district for cost of educating
high school pupils of a nonhigh school district shall not be deemed a transfer
fee as affecting the apportionment of current state school funds.
Sec. 603. RCW 28A.225.250 and 1969
c 130 s 11 are each amended to read as follows:
((Notwithstanding
any other provision of law,)) (1) The state superintendent of public
instruction is directed and authorized to develop and adopt rules ((and
regulations to implement such voluntary, tuition free attendance programs among
school districts that he)) governing cooperative programs between and
among school districts and educational service districts that the
superintendent deems necessary ((for the expressed purpose of)) to
assure:
(((1) Providing
educational opportunities, including vocational skills programs, not otherwise
provided;
(2) Avoiding
unnecessary duplication of specialized or unusually expensive educational
programs and facilities; or
(3) Improving racial
balance within and among school districts: PROVIDED, That no voluntary,
tuition free attendance program among school districts developed by the
superintendent of public instruction shall be instituted unless such program
receives the approval of the boards of directors of the districts))
(a) Correct
calculation of state apportionment payments;
(b) Proper budgeting
and accounting for interdistrict cooperative program revenues and expenditures;
(c) Reporting of
student, personnel, and fiscal data to meet state needs; and
(d) Protection of
the right of residents of Washington under twenty-one years of age to a
tuition-free program of basic education.
(2) Unless
specifically authorized in law, interdistrict cooperative programs shall not be
designed to systematically increase state allocation above amounts required if
services were provided by the resident school district.
Sec. 604. RCW 28A.335.160 and 1990
c 33 s 359 are each amended to read as follows:
Any school district may
cooperate with one or more school districts in the ((following:
(1) The)) joint financing, planning, construction,
equipping and operating of any educational facility otherwise authorized by
law: PROVIDED, That any cooperative financing plan involving the construction
of school plant facilities must be approved by the state board of education
pursuant to such rules as may now or hereafter be promulgated relating to state
approval of school construction.
(((2) The joint
maintenance and operation of educational programs or services (a) either as a
part of the operation of a joint facility or otherwise, (b) either on a full or
part time attendance basis, and (c) either on a regular one hundred eighty day
school year or extended school year: PROVIDED, That any such joint program or
service must be operated pursuant to a written agreement approved by the
superintendent of public instruction pursuant to rules and regulations
promulgated therefor. In establishing rules and regulations the state
superintendent shall consider, among such other factors as the superintendent
deems appropriate, the economic feasibility of said services and programs, the
educational and administrative scope of said agreement and the need for said
programs or services.
Notwithstanding any
other provision of the law, the state superintendent of public instruction
shall establish rules and regulations for the apportionment of attendance
credits for such students as are enrolled in a jointly operated facility or
program, including apportionment for approved part time and extended school
year attendance.))
NEW SECTION. Sec.
605. The following acts or
parts of acts are each repealed:
(1) RCW 28A.170.100 and
1991 c 116 s 24, 1990 c 33 s 159, & 1989 c 271 s 313;
(2) RCW 28A.175.080 and
1989 c 233 s 7;
(3) RCW 28A.180.050 and
1984 c 124 s 4, & 1979 c 95 s 4;
(4) RCW 28A.180.070 and
1990 c 33 s 166 & 1984 c 124 s 6; and
(5) RCW 28A.415.050 and
1985 c 419 s 2.
PART VII - MANDATES ON
SCHOOL DISTRICT OPERATIONS
Sec. 701. RCW 28A.405.070 and 1989
c 206 s 1 are each amended to read as follows:
((In filling a
position)) Effective December 31, 1995, school and educational
service districts shall ((consider applications from two individuals wishing
to share a job. All announcements of job openings shall contain a statement
indicating the district will accept applications from individuals wishing to
share the position. Job sharing shall be available to certificated staff))
have a policy on the sharing of jobs by district employees.
Sec. 702. RCW 28A.405.460 and 1991
c 116 s 15 are each amended to read as follows:
All certificated
employees of school districts shall be allowed a reasonable lunch period of not
less than thirty continuous minutes per day during the regular school lunch
periods and during which they shall have no assigned duties: PROVIDED, That
local districts may work out other arrangements with the consent of all
affected parties.
NEW SECTION. Sec.
703. RCW 28A.400.150 and 1990
c 33 s 380 & 1969 ex.s. c 223 s 28A.58.170 are each repealed.
PART VIII -
MISCELLANEOUS
NEW SECTION. Sec.
801. The repeal of any
programs that are not funded as of the effective date of this section is not
intended to comment on the value of the services provided by the programs. The
repeal of statutes in chapter . . ., Laws of 1995 (this act) does not
affect the general authority of school districts to provide services to
accomplish the purposes of these programs. The deletion or repeal of language
that permitted school districts to carry out specific activities that would be
within their general authority is not intended to affect the general authority
of school districts to continue to carry out those activities.
NEW SECTION. Sec.
802. Sections 109 through 112
of this act shall expire June 30, 1999.
NEW SECTION. Sec.
803. Section 505 of this act
shall expire September 1, 1998.
NEW SECTION. Sec.
804. Section 506 of this act
shall expire December 1, 2001.
NEW SECTION. Sec.
805. Part headings and the
table of contents as used in this act do not constitute any part of the law.
