AN ACT Relating to
clarifying transfers under the public school open enrollment program; and
amending RCW 28A.200.010, 28A.225.220, and 28A.225.225.
BE IT ENACTED BY THE
LEGISLATURE OF THE STATE OF WASHINGTON:
Sec. 1. RCW 28A.200.010 and 1993
c 336 s 1103 are each amended to read as follows:
Each parent whose child
is receiving home-based instruction under RCW 28A.225.010(4) shall have the
duty to:
(1) File annually a
signed declaration of intent that he or she is planning to cause his or her
child to receive home-based instruction. The statement shall include the name
and age of the child, shall specify whether a certificated person will be
supervising the instruction, and shall be written in a format prescribed by the
superintendent of public instruction. Each parent shall file the statement by
September 15 of the school year or within two weeks of the beginning of any
public school quarter, trimester, or semester with the superintendent of the
public school district within which the parent resides or the district that
accepts the transfer, and the student shall be deemed a transfer student of the
nonresident district. Parents may apply for transfer under RCW 28A.225.220;
(2) Ensure that test
scores or annual academic progress assessments and immunization records,
together with any other records that are kept relating to the instructional and
educational activities provided, are forwarded to any other public or private
school to which the child transfers. At the time of a transfer to a public
school, the superintendent of the local school district in which the child
enrolls may require a standardized achievement test to be administered and
shall have the authority to determine the appropriate grade and course level
placement of the child after consultation with parents and review of the
child's records; and
(3) Ensure that a
standardized achievement test approved by the state board of education is
administered annually to the child by a qualified individual or that an annual
assessment of the student's academic progress is written by a certificated
person who is currently working in the field of education. The state board of
education shall not require these children to meet the student learning goals,
master the essential academic learning requirements, to take the assessments,
or to obtain a certificate of mastery pursuant to RCW 28A.630.885. The
standardized test administered or the annual academic progress assessment
written shall be made a part of the child's permanent records. If, as a result
of the annual test or assessment, it is determined that the child is not making
reasonable progress consistent with his or her age or stage of development, the
parent shall make a good faith effort to remedy any deficiency.
Failure of a parent to
comply with the duties in this section shall be deemed a failure of such
parent's child to attend school without valid justification under RCW
28A.225.020. Parents who do comply with the duties set forth in this section
shall be presumed to be providing home-based instruction as set forth in RCW
28A.225.010(4).
Sec. 2. 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.
(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 or the request of a parent or
guardian for his or her child to transfer as a student receiving home-based
instruction.
(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. 3. RCW 28A.225.225 and 1994
c 293 s 1 are each amended to read as follows:
(1) All districts
accepting applications from nonresident students or from students receiving
home-based instruction for admission to the district's schools shall
consider equally all applications received. Each school district shall adopt a
policy establishing rational, fair, and equitable standards for acceptance and
rejection of applications by June 30, 1990. The policy may include rejection
of nonresident students if acceptance of these students would result in the
district experiencing a financial hardship.
(2) The district shall
provide to applicants written notification of the approval or denial of the application
in a timely manner. If the application is rejected, the notification shall
include the reason or reasons for denial and the right to appeal under RCW
28A.225.230(3).
