AN ACT Relating to
nomenclature in the common school education code; amending RCW 28A.150.220,
28A.150.260, 28A.150.260, 28A.150.275, 28A.150.370, 28A.150.390, 28A.155.010,
28A.155.020, 28A.155.030, 28A.155.040, 28A.155.050, 28A.155.060, 28A.155.070,
28A.155.080, 28A.155.090, 28A.160.040, 28A.160.160, 28A.160.180, 28A.190.030,
28A.310.190, 28A.320.080, 28A.330.100, 28A.525.030, 28A.525.162, 28A.545.040,
28A.545.100, 28A.630.400, 28A.630.835, 28A.630.840, 28A.630.845, and
28A.630.872; providing a contingent effective date; providing expiration dates;
and providing a contingent expiration date.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF
WASHINGTON:
Sec. 1. RCW 28A.150.220 and 1993
c 371 s 1 are each amended to read as follows:
(1) For the purposes of
this section and RCW 28A.150.250 and 28A.150.260:
(a) The term
"total program hour offering" shall mean those hours when students
are provided the opportunity to engage in educational activity planned by and
under the direction of school district staff, as directed by the administration
and board of directors of the district, inclusive of intermissions for class
changes, recess and teacher/parent-guardian conferences which are planned and
scheduled by the district for the purpose of discussing students' educational
needs or progress, and exclusive of time actually spent for meals.
(b) "Instruction in
work skills" shall include instruction in one or more of the following
areas: Industrial arts, home and family life education, business and office
education, distributive education, agricultural education, health occupations
education, vocational education, trade and industrial education, technical
education and career education.
(2) Satisfaction of the
basic education goal identified in RCW 28A.150.210 shall be considered to be
implemented by the following program requirements:
(a) Each school district
shall make available to students in kindergarten at least a total program
offering of four hundred fifty hours. The program shall include reading,
arithmetic, language skills and such other subjects and such activities as the
school district shall determine to be appropriate for the education of the
school district's students enrolled in such program;
(b) Each school
district shall make available to students in grades one through three, at least
a total program hour offering of two thousand seven hundred hours. A minimum
of ninety-five percent of the total program hour offerings shall be in the
basic skills areas of reading/language arts (which may include languages other
than English, including American Indian languages), mathematics, social studies,
science, music, art, health and physical education. The remaining five percent
of the total program hour offerings may include such subjects and activities as
the school district shall determine to be appropriate for the education of the
school district's students in such grades;
(c) Each school
district shall make available to students in grades four through six at least a
total program hour offering of two thousand nine hundred seventy hours. A
minimum of ninety percent of the total program hour offerings shall be in the
basic skills areas of reading/language arts (which may include languages other
than English, including American Indian languages), mathematics, social
studies, science, music, art, health and physical education. The remaining ten
percent of the total program hour offerings may include such subjects and
activities as the school district shall determine to be appropriate for the
education of the school district's students in such grades;
(d) Each school
district shall make available to students in grades seven through eight, at
least a total program hour offering of one thousand nine hundred eighty hours.
A minimum of eighty-five percent of the total program hour offerings shall be
in the basic skills areas of reading/language arts (which may include languages
other than English, including American Indian languages), mathematics, social
studies, science, music, art, health and physical education. A minimum of ten
percent of the total program hour offerings shall be in the area of work skills.
The remaining five percent of the total program hour offerings may include such
subjects and activities as the school district shall determine to be
appropriate for the education of the school district's students in such grades;
(e) Each school district
shall make available to students in grades nine through twelve at least a total
program hour offering of four thousand three hundred twenty hours. A minimum
of sixty percent of the total program hour offerings shall be in the basic
skills areas of language arts, languages other than English, which may be
American Indian languages, mathematics, social studies, science, music, art,
health and physical education. A minimum of twenty percent of the total
program hour offerings shall be in the area of work skills. The remaining
twenty percent of the total program hour offerings may include traffic safety
or such subjects and activities as the school district shall determine to be
appropriate for the education of the school district's students in such grades,
with not less than one-half thereof in basic skills and/or work skills:
PROVIDED, That each school district shall have the option of including grade
nine within the program hour offering requirements of grades seven and eight so
long as such requirements for grades seven through nine are increased to two
thousand nine hundred seventy hours and such requirements for grades ten
through twelve are decreased to three thousand two hundred forty hours.
(3) In order to provide
flexibility to the local school districts in the setting of their curricula,
and in order to maintain the intent of this legislation, which is to stress the
instruction of basic skills and work skills, any local school district may
establish minimum course mix percentages that deviate by up to five percentage
points above or below those minimums required by subsection (2) of this
section, so long as the total program hour requirement is still met.
(4) Nothing contained
in subsection (2) of this section shall be construed to require individual
students to attend school for any particular number of hours per day or to take
any particular courses.
(5) Each school
district's kindergarten through twelfth grade basic educational program shall
be accessible to all students who are five years of age, as provided by RCW
28A.225.160, and less than twenty-one years of age and shall consist of a
minimum of one hundred eighty school days per school year in such grades as are
conducted by a school district, and one hundred eighty half-days of
instruction, or equivalent, in kindergarten: PROVIDED, That effective May 1,
1979, a school district may schedule the last five school days of the one
hundred and eighty day school year for noninstructional purposes in the case of
students who are graduating from high school, including, but not limited to,
the observance of graduation and early release from school upon the request of
a student, and all such students may be claimed as a full time equivalent
student to the extent they could otherwise have been so claimed for the
purposes of RCW 28A.150.250 and 28A.150.260.
(6) The state board of
education shall adopt rules to implement and ensure compliance with the program
requirements imposed by this section, RCW 28A.150.250 and 28A.150.260, and such
related supplemental program approval requirements as the state board may
establish: PROVIDED, That each school district board of directors shall
establish the basis and means for determining and monitoring the district's
compliance with the basic skills and work skills percentage and course
requirements of this section. The certification of the board of directors and
the superintendent of a school district that the district is in compliance with
such basic skills and work skills requirements may be accepted by the
superintendent of public instruction and the state board of education.
(7) ((Handicapped))
Special education programs for students with disabilities,
vocational-technical institute programs, state institution and state
residential school programs, all of which programs are conducted for the common
school age, kindergarten through secondary school program students encompassed
by this section, shall be exempt from the basic skills and work skills
percentage and course requirements of this section in order that the unique
needs, abilities or limitations of such students may be met.
(8) Any school district
may petition the state board of education for a reduction in the total program
hour offering requirements for one or more of the grade level groupings
specified in this section. The state board of education shall grant all such
petitions that are accompanied by an assurance that the minimum total program
hour offering requirements in one or more other grade level groupings will be
exceeded concurrently by no less than the number of hours of the reduction.
Sec. 2. RCW 28A.150.260 and 1992
c 141 s 303 are each amended to read as follows:
The basic education
allocation for each annual average full time equivalent student shall be
determined in accordance with the following procedures:
(1) The governor shall
and the superintendent of public instruction may recommend to the legislature a
formula based on a ratio of students to staff for the distribution of a basic
education allocation for each annual average full time equivalent student
enrolled in a common school. The distribution formula shall have the primary
objective of equalizing educational opportunities and shall provide appropriate
recognition of the following costs among the various districts within the
state:
(a) Certificated
instructional staff and their related costs;
(b) Certificated
administrative staff and their related costs;
(c) Classified staff
and their related costs;
(d) Nonsalary costs;
(e) Extraordinary costs
of remote and necessary schools and small high schools, including costs of
additional certificated and classified staff; and
(f) The attendance of
students pursuant to RCW 28A.335.160 and 28A.225.250 who do not reside within
the servicing school district.
(2)(a) This formula for
distribution of basic education funds shall be reviewed biennially by the
superintendent and governor. The recommended formula shall be subject to
approval, amendment or rejection by the legislature. The formula shall be for
allocation purposes only. While the legislature intends that the allocations
for additional instructional staff be used to increase the ratio of such staff
to students, nothing in this section shall require districts to reduce the
number of administrative staff below existing levels.
(b) The formula adopted
by the legislature shall reflect the following ratios at a minimum: (i)
Forty-nine certificated instructional staff to one thousand annual average full
time equivalent students enrolled in grades kindergarten through three; (ii)
forty-six certificated instructional staff to one thousand annual average full
time equivalent students in grades four through twelve; (iii) four certificated
administrative staff to one thousand annual average full time equivalent
students in grades kindergarten through twelve; and (iv) sixteen and
sixty-seven one-hundredths classified personnel to one thousand annual average
full time equivalent students enrolled in grades kindergarten through twelve.
(c) In the event the
legislature rejects the distribution formula recommended by the governor,
without adopting a new distribution formula, the distribution formula for the
previous school year shall remain in effect: PROVIDED, That the distribution
formula developed pursuant to this section shall be for state apportionment and
equalization purposes only and shall not be construed as mandating specific
operational functions of local school districts other than those program
requirements identified in RCW 28A.150.220 and 28A.150.100. The enrollment of
any district shall be the annual average number of full time equivalent
students and part time students as provided in RCW 28A.150.350, enrolled on the
first school day of each month and shall exclude full time equivalent ((handicapped))
students with disabilities recognized for the purposes of allocation of
state funds for programs under RCW 28A.155.010 through 28A.155.100. The
definition of full time equivalent student shall be determined by rules ((and
regulations)) of the superintendent of public instruction: PROVIDED, That
the definition shall be included as part of the superintendent's biennial
budget request: PROVIDED, FURTHER, That any revision of the present definition
shall not take effect until approved by the house appropriations committee and
the senate ways and means committee: PROVIDED, FURTHER, That the office of
financial management shall make a monthly review of the superintendent's
reported full time equivalent students in the common schools in conjunction
with RCW 43.62.050.
(3)(a) Certificated
instructional staff shall include those persons employed by a school district
who are nonsupervisory employees within the meaning of RCW 41.59.020(8):
PROVIDED, That in exceptional cases, people of unusual competence but without
certification may teach students so long as a certificated person exercises
general supervision: PROVIDED, FURTHER, That the hiring of such
noncertificated people shall not occur during a labor dispute and such
noncertificated people shall not be hired to replace certificated employees
during a labor dispute.
(b) Certificated
administrative staff shall include all those persons who are chief executive
officers, chief administrative officers, confidential employees, supervisors,
principals, or assistant principals within the meaning of RCW 41.59.020(4).
(4) Each annual average
full time equivalent certificated classroom teacher's direct classroom contact
hours shall average at least twenty-five hours per week. Direct classroom
contact hours shall be exclusive of time required to be spent for preparation,
conferences, or any other nonclassroom instruction duties. Up to two hundred
minutes per week may be deducted from the twenty-five contact hour requirement,
at the discretion of the school district board of directors, to accommodate
authorized teacher/parent-guardian conferences, recess, passing time between
classes, and informal instructional activity. Implementing rules to be adopted
by the state board of education pursuant to RCW 28A.150.220(4) shall provide
that compliance with the direct contact hour requirement shall be based upon
teachers' normally assigned weekly instructional schedules, as assigned by the
district administration. Additional record-keeping by classroom teachers as a
means of accounting for contact hours shall not be required. Waivers from
contact hours may be requested under RCW 28A.305.140.
Sec. 3. RCW 28A.150.260 and 1992
c 141 s 507 are each amended to read as follows:
The basic education
allocation for each annual average full time equivalent student shall be
determined in accordance with the following procedures:
(1) The governor shall
and the superintendent of public instruction may recommend to the legislature a
formula based on a ratio of students to staff for the distribution of a basic
education allocation for each annual average full time equivalent student
enrolled in a common school. The distribution formula shall have the primary
objective of equalizing educational opportunities and shall provide appropriate
recognition of the following costs among the various districts within the
state:
(a) Certificated
instructional staff and their related costs;
(b) Certificated
administrative staff and their related costs;
(c) Classified staff
and their related costs;
(d) Nonsalary costs;
(e) Extraordinary costs
of remote and necessary schools and small high schools, including costs of
additional certificated and classified staff; and
(f) The attendance of
students pursuant to RCW 28A.335.160 and 28A.225.250 who do not reside within
the servicing school district.
(2)(a) This formula for
distribution of basic education funds shall be reviewed biennially by the
superintendent and governor. The recommended formula shall be subject to
approval, amendment or rejection by the legislature. The formula shall be for
allocation purposes only. While the legislature intends that the allocations
for additional instructional staff be used to increase the ratio of such staff
to students, nothing in this section shall require districts to reduce the
number of administrative staff below existing levels.
(b) The formula adopted
by the legislature shall reflect the following ratios at a minimum: (i)
Forty-nine certificated instructional staff to one thousand annual average full
time equivalent students enrolled in grades kindergarten through three; (ii)
forty-six certificated instructional staff to one thousand annual average full
time equivalent students in grades four through twelve; (iii) four certificated
administrative staff to one thousand annual average full time equivalent
students in grades kindergarten through twelve; and (iv) sixteen and
sixty-seven one-hundredths classified personnel to one thousand annual average
full time equivalent students enrolled in grades kindergarten through twelve.
(c) In the event the
legislature rejects the distribution formula recommended by the governor,
without adopting a new distribution formula, the distribution formula for the
previous school year shall remain in effect: PROVIDED, That the distribution
formula developed pursuant to this section shall be for state apportionment and
equalization purposes only and shall not be construed as mandating specific
operational functions of local school districts other than those program
requirements identified in RCW 28A.150.220 and 28A.150.100. The enrollment of
any district shall be the annual average number of full time equivalent
students and part time students as provided in RCW 28A.150.350, enrolled on the
first school day of each month and shall exclude full time equivalent ((handicapped))
students with disabilities recognized for the purposes of allocation of
state funds for programs under RCW 28A.155.010 through 28A.155.100. The
definition of full time equivalent student shall be determined by rules ((and
regulations)) of the superintendent of public instruction: PROVIDED, That
the definition shall be included as part of the superintendent's biennial
budget request: PROVIDED, FURTHER, That any revision of the present definition
shall not take effect until approved by the house appropriations committee and
the senate ways and means committee: PROVIDED, FURTHER, That the office of
financial management shall make a monthly review of the superintendent's
reported full time equivalent students in the common schools in conjunction
with RCW 43.62.050.
(3)(a) Certificated
instructional staff shall include those persons employed by a school district
who are nonsupervisory employees within the meaning of RCW 41.59.020(8):
PROVIDED, That in exceptional cases, people of unusual competence but without
certification may teach students so long as a certificated person exercises
general supervision: PROVIDED, FURTHER, That the hiring of such
noncertificated people shall not occur during a labor dispute and such
noncertificated people shall not be hired to replace certificated employees during
a labor dispute.
(b) Certificated
administrative staff shall include all those persons who are chief executive
officers, chief administrative officers, confidential employees, supervisors,
principals, or assistant principals within the meaning of RCW 41.59.020(4).
Sec. 4. RCW 28A.150.275 and 1993
c 223 s 1 are each amended to read as follows:
The basic education
allocation, including applicable vocational entitlements and ((handicapped
student)) special education program money, generated under this
chapter and under state appropriation acts by school districts for students
enrolled in a technical college program established by an interlocal agreement
under RCW 28B.50.533 shall be allocated in amounts as determined by the
superintendent of public instruction to the serving college rather than to the
school district, unless the college chooses to continue to receive the
allocations through the school districts. This section does not apply to
students enrolled in the running start program established in RCW 28A.600.310.
Sec. 5. 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, 28A.160.150 through ((28A.160.220)) 28A.160.210,
28A.300.035, 28A.300.170, and 28A.500.010, and for special education
programs for ((handicapped)) students with disabilities, 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. 6. RCW 28A.150.390 and 1994
c 180 s 8 are each amended to read as follows:
The superintendent of
public instruction shall submit to each regular session of the legislature
during an odd-numbered year a programmed budget request for ((handicapped))
special education programs for students with disabilities.
Funding for programs operated by local school districts shall be on an excess
cost basis from appropriations provided by the legislature for ((handicapped))
special education programs for students with disabilities and
shall take account of state funds accruing through RCW 28A.150.250,
28A.150.260, federal medical assistance and private funds accruing under RCW
74.09.5249 through 74.09.5253 and 74.09.5254 through 74.09.5256, and other
state and local funds, excluding special excess levies.
Sec. 7. RCW 28A.155.010 and 1990
c 33 s 120 are each amended to read as follows:
It is the purpose of
RCW 28A.155.010 through 28A.155.100, 28A.160.030, and 28A.150.390 to ensure
that all ((handicapped)) children with disabilities as defined in
RCW 28A.155.020 shall have the opportunity for an appropriate education at
public expense as guaranteed to them by the Constitution of this state.
Sec. 8. RCW 28A.155.020 and 1990
c 33 s 121 are each amended to read as follows:
There is established in
the office of the superintendent of public instruction an administrative
section or unit for the education of children with ((handicapping)) disabling
conditions.
((Handicapped)) Children
with disabilities are those children in school or out of school who are
temporarily or permanently retarded in normal educational processes by reason
of physical or mental ((handicap)) disability, or by reason of
emotional maladjustment, or by reason of other ((handicap)) disability,
and those children who have specific learning and language disabilities
resulting from perceptual-motor ((handicaps)) disabilities,
including problems in visual and auditory perception and integration.
The superintendent of
public instruction shall require each school district in the state to insure an
appropriate educational opportunity for all ((handicapped)) children with
disabilities between the ages of three and twenty-one, but when the
twenty-first birthday occurs during the school year, the educational program
may be continued until the end of that school year. The superintendent of
public instruction, by rule ((and regulation)), shall establish for the
purpose of excess cost funding, as provided in RCW 28A.150.390, 28A.160.030,
and 28A.155.010 through 28A.155.100, functional definitions of the various
types of ((handicapping)) disabling conditions and eligibility
criteria for ((handicapped)) special education programs for
students with disabilities. For the purposes of RCW 28A.155.010 through
28A.155.100, an appropriate education is defined as an education directed to
the unique needs, abilities, and limitations of the ((handicapped))
children with disabilities. School districts are strongly encouraged to
provide parental training in the care and education of the children and to
involve parents in the classroom.
Nothing in this section
shall prohibit the establishment or continuation of existing cooperative
programs between school districts or contracts with other agencies approved by
the superintendent of public instruction, which can meet the obligations of
school districts to provide education for ((handicapped)) children with
disabilities, or prohibit the continuation of needed related services to
school districts by the department of social and health services.
This section shall not
be construed as in any way limiting the powers of local school districts set
forth in RCW 28A.155.070.
No child shall be
removed from the jurisdiction of juvenile court for training or education under
RCW 28A.155.010 through 28A.155.100 without the approval of the superior court
of the county.
Sec. 9. RCW 28A.155.030 and 1990
c 33 s 122 are each amended to read as follows:
The superintendent of
public instruction shall appoint an administrative officer of the division.
The administrative officer, under the direction of the superintendent of public
instruction, shall coordinate and supervise the program of special education
for ((all handicapped)) eligible children with disabilities
in the school districts of the state. He or she shall cooperate with the
educational service district superintendents and local school district
superintendents and with all other interested school officials in ensuring that
all school districts provide an appropriate educational opportunity for all ((handicapped))
children with disabilities and shall cooperate with the state secretary
of social and health services and with county and regional officers on cases
where medical examination or other attention is needed.
Sec. 10. RCW 28A.155.040 and 1990
c 33 s 123 are each amended to read as follows:
The board of directors
of each school district, for the purpose of compliance with the provisions of
RCW 28A.150.390, 28A.160.030, and 28A.155.010 through 28A.155.100, shall
cooperate with the superintendent of public instruction and with the
administrative officer and shall provide an appropriate educational opportunity
and give other appropriate aid and special attention to ((handicapped))
children with disabilities in regular or special school facilities
within the district or shall contract for such services with other agencies as
provided in RCW 28A.155.060 or shall participate in an interdistrict
arrangement in accordance with RCW 28A.335.160 and 28A.225.220 and/or
28A.225.250 and 28A.225.260.
In carrying out their
responsibilities under this chapter, school districts severally or jointly with
the approval of the superintendent of public instruction are authorized to
establish, operate, support and/or contract for residential schools and/or
homes approved by the department of social and health services for aid and
special attention to ((handicapped)) children with disabilities.
The cost of board and
room in facilities approved by the department of social and health services
shall be provided by the department of social and health services for those ((handicapped))
students with disabilities eligible for such aid under programs of the
department. The cost of approved board and room shall be provided for those ((handicapped))
students with disabilities not eligible under programs of the department
of social and health services but deemed in need of the same by the
superintendent of public instruction: PROVIDED, That no school district shall
be financially responsible for special aid programs for students who are
attending residential schools operated by the department of social and health
services: PROVIDED FURTHER, That the provisions of RCW 28A.150.390,
28A.160.030, and 28A.155.010 through 28A.155.100 shall not preclude the
extension by the superintendent of public instruction of special education
opportunities to ((handicapped)) children with disabilities in
residential schools operated by the department of social and health services.
Sec. 11. RCW 28A.155.050 and 1990
c 33 s 124 are each amended to read as follows:
Any child who is not
able to attend school and who is eligible for special excess cost aid programs
authorized under RCW 28A.155.010 through 28A.155.100 shall be given such aid at
home or at such other place as determined by the board of directors of the
school district in which such child resides. Any school district within which
such a child resides shall thereupon be granted regular apportionment of state
and county school funds and, in addition, allocations from state excess funds
made available for such special services for such period of time as such
special aid program is given: PROVIDED, That should such child or any other ((handicapped))
child with disabilities attend and participate in a special aid program
operated by another school district in accordance with the provisions of RCW
28A.225.210, 28A.225.220, and/or 28A.225.250, such regular apportionment shall
be granted to the receiving school district, and such receiving school district
shall be reimbursed by the district in which such student resides in accordance
with rules ((and regulations promulgated)) adopted by the
superintendent of public instruction for the entire approved excess cost not
reimbursed from such regular apportionment.
Sec. 12. RCW 28A.155.060 and 1990
c 33 s 125 are each amended to read as follows:
For the purpose of
carrying out the provisions of RCW 28A.155.020 through 28A.155.050, the board
of directors of every school district shall be authorized to contract with
agencies approved by the state board of education for operating ((handicapped))
special education programs for students with disabilities.
Approval standards for such agencies shall conform substantially with those
promulgated for approval of special education aid programs in the common
schools.
Sec. 13. RCW 28A.155.070 and 1971
ex.s. c 66 s 7 are each amended to read as follows:
Special educational and
training programs provided by the state and the school districts thereof for ((handicapped))
children with disabilities may be extended to include children of
preschool age. School districts which extend such special programs to children
of preschool age shall be entitled to the regular apportionments from state and
county school funds, as provided by law, and in addition to allocations from
state excess cost funds made available for such special services for those ((handicapped))
children with disabilities who are given such special services.
Sec. 14. RCW 28A.155.080 and 1990
c 33 s 126 are each amended to read as follows:
Where a ((handicapped))
child with disabilities as defined in RCW 28A.155.020 has been denied
the opportunity of an educational program by a local school district
superintendent under the provisions of RCW 28A.225.010, or for any other reason
there shall be an affirmative showing by the school district superintendent in
a writing directed to the parents or guardian of such a child within ten days
of such decision that
(1) No agency or other
school district with whom the district may contract under RCW 28A.155.040 can
accommodate such child, and
(2) Such child will not
benefit from an alternative educational opportunity as permitted under RCW
28A.155.050.
There shall be a right
of appeal by the parent or guardian of such child to the superintendent of
public instruction pursuant to procedures established by the superintendent and
in accordance with RCW 28A.155.090.
Sec. 15. RCW 28A.155.090 and 1990
c 33 s 127 are each amended to read as follows:
The superintendent of
public instruction shall have the duty and authority, through the
administrative section or unit for the education of children with ((handicapping))
disabling conditions, to:
(1) Assist school
districts in the formation of total school programs to meet the needs of ((handicapped))
children with disabilities;
(2) Develop
interdistrict cooperation programs for ((handicapped)) children with
disabilities as authorized in RCW 28A.225.250;
(3) Provide, upon
request, to parents or guardians of ((handicapped)) children with
disabilities, information as to the ((handicapped)) special
education programs for students with disabilities offered within the
state;
(4) Assist, upon
request, the parent or guardian of any ((handicapped)) child with
disabilities in the placement of any ((handicapped)) child with
disabilities who is eligible for but not receiving special educational aid
for ((handicapped)) children with disabilities;
(5) Approve school
district and agency programs as being eligible for special excess cost
financial aid to ((handicapped)) children with disabilities;
(6) Adjudge, upon
appeal by a parent or guardian of a ((handicapped)) child with
disabilities who is not receiving an educational program, whether the
decision of a local school district superintendent under RCW 28A.155.080 to
exclude such ((handicapped)) child with disabilities was
justified by the available facts and consistent with the provisions of RCW 28A.150.390,
28A.160.030, and 28A.155.010 through 28A.155.100((;[.])). If the
superintendent of public instruction shall decide otherwise he or she shall
apply sanctions as provided in RCW 28A.155.100 until such time as the school
district assures compliance with the provisions (([of])) of RCW
28A.150.390, 28A.160.030, and 28A.155.010 through 28A.155.100; and
(7) Promulgate such
rules ((and regulations)) as are necessary to implement the several
provisions of RCW 28A.150.390, 28A.160.030, and 28A.155.010 through 28A.155.100
and to ensure educational opportunities within the common school system for all
((handicapped)) children with disabilities who are not
institutionalized.
Sec. 16. RCW 28A.160.040 and 1973
c 45 s 2 are each amended to read as follows:
The directors of school
districts are authorized to lease school buses to nonprofit organizations to
transport ((handicapped)) children with disabilities and elderly
persons to and from the site of activities or programs deemed beneficial to
such persons by such organizations: PROVIDED, That commercial bus
transportation is not reasonably available for such purposes.
Sec. 17. RCW 28A.160.160 and 1990
c 33 s 142 are each amended to read as follows:
For purposes of RCW
28A.160.150 through 28A.160.190, except where the context shall clearly
indicate otherwise, the following definitions apply:
(1) "Eligible
student" means any student served by the transportation program of a
school district or compensated for individual transportation arrangements
authorized by RCW 28A.160.030 whose route stop is more than one radius mile
from the student's school, except if the student to be transported: (a) Is ((handicapped))
disabled under RCW 28A.155.020 and is either not ambulatory or not
capable of protecting his or her own welfare while traveling to or from the
school or agency where special education services are provided, in which case
no mileage distance restriction applies; or (b) qualifies for an exemption due
to hazardous walking conditions.
(2)
"Superintendent" means the superintendent of public instruction.
(3) "To and from
school" means the transportation of students for the following purposes:
(a) Transportation to
and from route stops and schools;
(b) Transportation to
and from schools pursuant to an interdistrict agreement pursuant to RCW
28A.335.160;
(c) Transportation of
students between schools and learning centers for instruction specifically
required by statute; and
(d) Transportation of
((handicapped)) students with disabilities to and from schools
and agencies for special education services.
Extended day
transportation shall not be considered part of transportation of students
"to and from school" for the purposes of ((this 1983 act)) chapter
61, Laws of 1983 1st ex. sess.
(4) "Hazardous
walking conditions" means those instances of the existence of dangerous
walkways documented by the board of directors of a school district which meet
criteria specified in rules adopted by the superintendent of public
instruction. A school district that receives an exemption for hazardous
walking conditions should demonstrate that good faith efforts are being made to
alleviate the problem and that the district, in cooperation with other state
and local governing authorities, is attempting to reduce the incidence of
hazardous walking conditions. The superintendent of public instruction shall
appoint an advisory committee to prepare guidelines and procedures for
determining the existence of hazardous walking conditions. The committee shall
include but not be limited to representatives from law enforcement agencies,
school districts, the department of transportation, city and county government,
the insurance industry, parents, school directors and legislators.
Sec. 18. RCW 28A.160.180 and 1990
c 33 s 144 are each amended to read as follows:
Each district's annual
student transportation allocation shall be based on differential rates
determined by the superintendent of public instruction in the following manner:
(1) The superintendent
shall annually calculate a standard student mile allocation rate for
determining the transportation allocation for those services provided for in
RCW 28A.160.150. "Standard student mile allocation rate," as used in
this chapter, means the per mile allocation rate for transporting an eligible
student. The standard student mile allocation rate may be adjusted to include
such additional differential factors as distance; restricted passenger load;
circumstances that require use of special types of transportation vehicles; ((handicapped))
student with disabilities load; and small fleet maintenance.
(2) The superintendent
of public instruction shall annually calculate allocation rate(s), which shall
include vehicle amortization, for determining the transportation allocation for
transporting students in district-owned passenger cars, as defined in RCW
46.04.382, pursuant to RCW 28A.160.010 for services provided for in RCW
28A.160.150 if a school district deems it advisable to use such vehicles after
the school district board of directors has considered the safety of the
students being transported as well as the economy of utilizing a district-owned
passenger car in lieu of a school bus.
(3) Prior to June 1st
of each year the superintendent shall submit to the office of financial
management, and the committees on education and ways and means of the senate
and house of representatives a report outlining the methodology and rationale
used in determining the allocation rates to be used the following year.
Sec. 19. RCW 28A.190.030 and 1990
c 33 s 172 are each amended to read as follows:
Each school district
within which there is located a residential school shall, singly or in concert
with another school district pursuant to RCW 28A.335.160 and 28A.225.250 or
pursuant to chapter 39.34 RCW, conduct a program of education, including
related student activities, for residents of the residential school. Except as
otherwise provided for by contract pursuant to RCW 28A.190.050, the duties and
authority of a school district and its employees to conduct such a program
shall be limited to the following:
(1) The employment,
supervision and control of administrators, teachers, specialized personnel and
other persons, deemed necessary by the school district for the conduct of the
program of education;
(2) The purchase, lease
or rental and provision of textbooks, maps, audio-visual equipment, paper,
writing instruments, physical education equipment and other instructional
equipment, materials and supplies, deemed necessary by the school district for
the conduct of the program of education;
(3) The development and
implementation, in consultation with the superintendent or chief administrator
of the residential school or his or her designee, of the curriculum;
(4) The conduct of a
program of education, including related student activities, for residents who
are three years of age and less than twenty-one years of age, and have not met
high school graduation requirements as now or hereafter established by the
state board of education and the school district which includes:
(a) Not less than one
hundred and eighty school days each school year;
(b) Special education
pursuant to RCW 28A.155.010 through 28A.155.100, and vocational education, as
necessary to address the unique needs and limitations of residents; and
(c) Such courses of
instruction and school related student activities as are provided by the school
district for nonresidential school students to the extent it is practical and
judged appropriate for the residents by the school district after consultation
with the superintendent or chief administrator of the residential school:
PROVIDED, That a preschool special education program may be provided for ((handicapped))
residential school students with disabilities;
(5) The control of
students while participating in a program of education conducted pursuant to
this section and the discipline, suspension or expulsion of students for
violation of reasonable rules of conduct adopted by the school district; and
(6) The expenditure of
funds for the direct and indirect costs of maintaining and operating the
program of education that are appropriated by the legislature and allocated by
the superintendent of public instruction for the exclusive purpose of
maintaining and operating residential school programs of education, and funds
from federal and private grants, bequests and gifts made for the purpose of
maintaining and operating the program of education.
Sec. 20. RCW 28A.310.190 and 1990
c 33 s 277 are each amended to read as follows:
In addition to other
powers and duties as provided by law, every educational service district board
shall:
(1) If the district
board deems necessary, hold each year one or more teachers' institutes as
provided for in RCW 28A.415.010 and one or more school directors' meetings.
(2) Cooperate with the
state supervisor of special aid for ((handicapped)) children with
disabilities as provided in RCW 28A.155.010 through 28A.155.100.
(3) Certify statistical
data as basis for apportionment purposes to county and state officials as
provided in chapter 28A.545 RCW.
(4) Perform such other
duties as may be prescribed by law or rule ((or regulation)) of the
state board of education and/or the superintendent of public instruction as
provided in RCW 28A.300.030 and 28A.305.210.
Sec. 21. RCW 28A.320.080 and 1990
c 33 s 331 are each amended to read as follows:
Every board of
directors, unless otherwise specifically provided by law, shall:
(1) Provide for the
expenditure of a reasonable amount for suitable commencement exercises;
(2) In addition to
providing free instruction in lip reading for children ((handicapped)) disabled
by defective hearing, make arrangements for free instruction in lip reading to
adults ((handicapped)) disabled by defective hearing whenever in
its judgment such instruction appears to be in the best interests of the school
district and adults concerned;
(3) Join with boards of
directors of other school districts or an educational service district pursuant
to RCW 28A.310.180(3), or both such school districts and educational service
district in buying supplies, equipment and services by establishing and
maintaining a joint purchasing agency, or otherwise, when deemed for the best
interests of the district, any joint agency formed hereunder being herewith
authorized and empowered to issue interest bearing warrants in payment of any
obligation owed: PROVIDED, HOWEVER, That those agencies issuing interest
bearing warrants shall assign accounts receivable in an amount equal to the
amount of the outstanding interest bearing warrants to the county treasurer
issuing such interest bearing warrants: PROVIDED FURTHER, That the joint
purchasing agency shall consider the request of any one or more private schools
requesting the agency to jointly buy supplies, equipment, and services
including but not limited to school bus maintenance services, and, after
considering such request, may cooperate with and jointly make purchases with
private schools of supplies, equipment, and services, including but not limited
to school bus maintenance services, so long as such private schools pay in
advance their proportionate share of the costs or provide a surety bond to
cover their proportionate share of the costs involved in such purchases;
(4) Consider the
request of any one or more private schools requesting the board to jointly buy
supplies, equipment and services including but not limited to school bus
maintenance services, and, after considering such request, may provide such
joint purchasing services: PROVIDED, That such private schools pay in advance
their proportionate share of the costs or provide a surety bond to cover their
proportionate share of the costs involved in such purchases; and
(5) Prepare budgets as
provided for in chapter 28A.505 RCW.
Sec. 22. 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 with disabilities, 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. 23. RCW 28A.525.030 and 1980
c 154 s 17 are each amended to read as follows:
Whenever funds are
appropriated for modernization of existing school facilities, the state board
of education is authorized to approve the use of such funds for modernization
of existing facilities, modernization being limited to major structural changes
in such facilities and, as necessary to bring such facilities into compliance
with the ((handicapped)) barrier free access requirements of section
504 of the federal rehabilitation act of 1973 (29 U.S.C. Sec. 706) and rules
implementing the act, both major and minor structural changes, and may include
as incidental thereto the replacement of fixtures, fittings, furnishings and
service systems of a building in order to bring it up to a contemporary state
consistent with the needs of changing educational programs. The allocation of
such funds shall be made upon the same basis as funds used for the financing of
a new school plant project utilized for a similar purpose.
Sec. 24. RCW 28A.525.162 and 1990
c 33 s 455 are each amended to read as follows:
(1) Funds appropriated
to the state board of education from the common school construction fund shall
be allotted by the state board of education in accordance with student
enrollment and the provisions of RCW 28A.525.200.
(2) No allotment shall
be made to a school district until such district has provided matching funds
equal to or greater than the difference between the total approved project cost
and the amount of state assistance to the district for financing the project
computed pursuant to RCW 28A.525.166, with the following exceptions:
(a) The state board may
waive the matching requirement for districts which have provided funds for
school building construction purposes through the authorization of bonds or
through the authorization of excess tax levies or both in an amount equivalent
to two and one-half percent of the value of its taxable property, as defined in
RCW 39.36.015.
(b) No such matching
funds shall be required as a condition to the allotment of funds for the
purpose of making major or minor structural changes to existing school
facilities in order to bring such facilities into compliance with the ((handicapped))
barrier free access requirements of section 504 of the federal
rehabilitation act of 1973 (29 U.S.C. Sec. 706) and rules implementing the act.
(3) For the purpose of
computing the state matching percentage under RCW 28A.525.166 when a school
district is granted authority to enter into contracts, adjusted valuation per
pupil shall be calculated using headcount student enrollments from the most
recent October enrollment reports submitted by districts to the superintendent
of public instruction, adjusted as follows:
(a) In the case of
projects for which local bonds were approved after May 11, 1989:
(i) For districts which
have been designated as serving high school districts under RCW 28A.540.110,
students residing in the nonhigh district so designating shall be excluded from
the enrollment count if the student is enrolled in any grade level not offered
by the nonhigh district;
(ii) The enrollment of
nonhigh school districts shall be increased by the number of students residing
within the district who are enrolled in a serving high school district so
designated by the nonhigh school district under RCW 28A.540.110, including only
students who are enrolled in grade levels not offered by the nonhigh school
district; and
(iii) The number of
preschool ((handicapped)) students with disabilities included in
the enrollment count shall be multiplied by one-half;
(b) In the case of
construction or modernization of high school facilities in districts serving
students from nonhigh school districts, the adjusted valuation per pupil shall
be computed using the combined adjusted valuations and enrollments of each
district, each weighted by the percentage of the district's resident high
school students served by the high school district; and
(c) The number of
kindergarten students included in the enrollment count shall be multiplied by
one-half.
(4) The state board of
education shall prescribe and make effective such rules ((and regulations))
as are necessary to equate insofar as possible the efforts made by school districts
to provide capital funds by the means aforesaid.
(5) For the purposes of
this section, "preschool ((handicapped)) students with
disabilities" means developmentally disabled children of preschool age
who are entitled to services under RCW 28A.155.010 through 28A.155.100 and are
not included in the kindergarten enrollment count of the district.
Sec. 25. RCW 28A.545.040 and 1990
c 33 s 489 are each amended to read as follows:
The term "student
residing in a nonhigh school district" and its equivalent as used in RCW
28A.545.030 through 28A.545.110 and 84.52.0531 shall mean any ((handicapped
or nonhandicapped)) common school age person with or without
disabilities who resides within the boundaries of a nonhigh school district
that does not conduct the particular kindergarten through grade twelve grade
which the person has not yet successfully completed and is eligible to enroll
in.
Sec. 26. RCW 28A.545.100 and 1990
c 33 s 494 are each amended to read as follows:
Unless otherwise agreed
to by the board of directors of a nonhigh school district, the amounts which
are established as due by a nonhigh school district pursuant to RCW 28A.545.030
through 28A.545.110 and 84.52.0531, as now or hereafter amended, shall
constitute the entire amount which is due by a nonhigh school district for the
school year for the education of any and all ((handicapped and
nonhandicapped)) students with or without disabilities residing in
the nonhigh school district who attend a high school district pursuant to RCW
28A.225.210, and for the transportation of such students by a high school
district.
Sec. 27. 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 associate of arts degree.
(2) As used in this
section, an "educational paraprofessional" is an individual who has
completed an associate of arts degree for an educational paraprofessional. The
educational paraprofessional 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
shall work under the direction of instructional certificated staff.
(3) The training program
for an educational paraprofessional 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 with disabilities,
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.
(3) The training
program for an educational paraprofessional 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 with disabilities,
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.
Sec. 28. RCW 28A.630.835 and 1991
c 265 s 4 are each amended to read as follows:
School districts with
demonstration projects shall:
(1) Confer on a regular
basis during project planning and implementation with teachers, support staff,
parents of ((handicapped)) students with disabilities, and
parents of other students served in the project;
(2) Administer annual
achievement tests to all students served in the project if required in the
project contract; and
(3) Cooperate in
providing all information needed for the evaluation.
Sec. 29. RCW 28A.630.840 and 1994
c 13 s 6 are each amended to read as follows:
(1) Funding used in
demonstration projects may include state, federal, and local funds, as
determined by the district.
(2) State ((handicapped))
special education allocations shall be calculated for districts with
demonstration projects according to the ((handicapped)) special
education funding formula in use for other districts, except for the
provisions of RCW 28A.630.845 and with the following changes:
(a) Funding for school
districts that had pilot projects approved under section 13, chapter 233, Laws
of 1989, and that were participating in projects under this section on January 31,
1992, shall be based for the duration of a project on four percent of the
kindergarten through twelfth grade enrollment considered as specific learning
disabled, without regard to the actual number of students so identified. The
legislature recognizes the importance of continuing and developing the pilot
projects.
(b) The funding
percentages for districts with demonstration projects specified in (a) of this
subsection and in RCW 28A.630.845 shall be used to adjust basic education
allocations under RCW 28A.150.260 and learning assistance program allocations
under RCW 28A.165.070.
(c) State ((handicapped))
special education allocations up to the level required by federal
maintenance of effort rules shall be expended for special education
services to ((handicapped)) students with disabilities.
Allocations greater than the amount needed to comply with federal maintenance
of effort rules may at the option of the district be designated as
noncategorical project funds and may be expended on services to any student
served in the project.
(3) Learning assistance
program allocations shall be calculated for districts with demonstration
projects according to the funding formula in use for other districts, except
that any increases in the district allocation above the fiscal year 1991 amount
shall be designated as noncategorical project funds and may be expended on
services to any student served in the project.
(4) Transitional
bilingual program allocations shall be calculated for districts with
demonstration projects according to the funding formula in use for other
districts, except that any increases in the district allocation above the
fiscal year 1991 amount shall be designated as noncategorical project funds and
may be expended on services to any student served in the project.
(5) Expenditures of
noncategorical project funds under subsections (2)(c), (3), and (4) of this
section shall be accounted for in new and discrete program or subprogram codes
designated by the superintendent of public instruction. The codes shall take
effect by September 1, 1991.
Sec. 30. RCW 28A.630.845 and 1994
c 13 s 1 are each amended to read as follows:
(1) The legislature
finds that the state system of funding ((handicapped)) special
education has fiscal incentives to label children as ((handicapped)) disabled
and that unnecessary labeling can be detrimental to children. The legislature
encourages demonstration projects that provide needed services without
unnecessary labeling. To test this approach, the legislature intends to
maintain the funding level for innovative special services programs that reduce
the incidence of unnecessary labeling.
(2) School districts
may propose demonstration projects under this subsection to provide needed
services and achieve major reductions in the percentage of district students
labeled as ((handicapped)) disabled in one or more specified
categories. State ((handicapped)) special education funding for
districts with such projects shall be based for the duration of the project on
the average percentage of the kindergarten through twelfth grade enrollment in
the specified categories during the school year before the start of the
project.
(3) School districts
with specific learning disabled enrollment at or above four percent of the
district's kindergarten through twelfth grade enrollment may propose
demonstration projects under this subsection to provide needed services and
reduce unnecessary labeling to below the four percent level. When the specific
learning disabled enrollment is below the four percent level, funding for the
district shall be based on four percent of the kindergarten through twelfth
grade enrollment considered as specific learning disabled, without regard to
the actual number of students so identified.
(4) Funding under
subsections (2) and (3) of this section is contingent on the following: (a)
The funding is spent on children needing special services; and (b) the overall
percentage of first through twelfth grade students in the district labeled as
((handicapped)) disabled declines each year of the project,
excluding ((handicapped)) students with disabilities who transfer
into the district.
Sec. 31. RCW 28A.630.872 and 1992
c 137 s 8 are each amended to read as follows:
(1) The state board of
education, where appropriate, or the superintendent of public instruction,
where appropriate, may grant waivers to pilot project districts consistent with
law if necessary to implement a pilot project proposal.
(2) State rules dealing
with public health, safety, and civil rights, including accessibility by the ((handicapped))
disabled, shall not be waived. A school district may request the state
board of education or the superintendent of public instruction to ask the
United States department of education or other federal agencies to waive
certain federal regulations necessary to fully implement the proposed pilot
project.
NEW SECTION. Sec.
32. Section 1 of this act
shall expire September 1, 2000. However, section 1 of this act shall not
expire if, by September 1, 2000, a law is not enacted stating that a school
accountability and academic assessment system is not in place.
NEW SECTION. Sec.
33. Section 3 of this act
shall take effect September 1, 2000. However, section 3 of this act shall not
take effect if, by September 1, 2000, a law is enacted stating that a school
accountability and academic assessment system is not in place.
NEW SECTION. Sec.
34. Sections 28 through 30 of
this act expire September 1, 2001.
NEW
SECTION. Sec. 35. Section 31 of this act
expires June 30, 1999.
