1303-S2 AMH KEIS H2750

1303-S2 AMH KEIS H2750.3

2SHB 1303 - H AMD 142 WITHDRAWN 3-13-97

By Representatives Keiser and Linville

Strike everything after the enacting clause and insert the following:

"NEW SECTION. Sec. 1. The legislature has determined that the key to improving our schools is to hold them accountable for achieving results rather than following rules. The energy and the resources of the school system should be focused on what students learn, and on helping them improve learning in order to achieve new, higher academic standards. Turning Washington schools into world-class centers for learning will take a partnership of effort and a willingness for schools to develop new curricula and have the freedom to try new school designs and ideas. School districts and schools should be developing plans to achieve high academic standards. The legislature finds that individual schools may need certain waivers from laws and rules to help the school achieve high academic standards. The legislature intends that such waivers should be granted for the purpose of improving student learning under our state standards and assessments. The legislature intends to allow schools to approach their educational mission with both increased flexibility and accountability that will assist them in better meeting the needs of the students in their district.

NEW SECTION. Sec. 2. A new section is added to chapter 28A.320 RCW to read as follows:

(1) As provided in sections 3 through 16 of this act, the board of directors of each school district may grant waivers, or partial waivers, of state laws and rules to schools within the district. The school board shall grant waivers in accordance with this section.

(2) To apply for waivers, a school principal must prepare an application to the board of directors that identifies which laws and rules are being requested for waiver and the rationale for the request. The rationale must identify how granting the waivers will improve student learning or the delivery of education services in the school. In developing the application, principals shall seek substantial involvement from the school's superintendent, site council, school staff, and parents. The site council must approve the application. A school district may grant a waiver to an individual school only if the school agrees to participate in the assessment system under RCW 28A.630.885.

(3) The school board shall provide for public review and comment regarding the waiver request.

(4) The duration, renewal, and rescission of the waivers shall be determined by the school district board of directors.

(5) The following may not be waived:

(a) Laws and rules pertaining to health, safety, and civil rights;

(b) Provisions of the basic education act relating to certificated instructional staff ratios, RCW 28A.150.100; goals, RCW 28A.150.210; funding allocations, formulas, and definitions, RCW 28A.150.250 and 28A.150.260; and salary and compensation minimum amounts and limitations, RCW 28A.400.200;

(c) The assessment, accountability, and reporting requirements in RCW 28A.230.190, the fourth grade standardized test; RCW 28A.230.230, the eighth grade standardized test; RCW 28A.230.240, the eleventh grade standardized test; RCW 28A.630.885, assessment requirements as developed by the commission on student learning; and RCW 28A.320.205, the annual performance report;

(d) Requirements in RCW 28A.150.220 pertaining to the total number of program hours that must be offered;

(e) State and federal financial reporting and auditing requirements;

(f) State constitutional requirements;

(g) Mandatory subjects of collective bargaining;

(h) Terms and conditions of collective bargaining agreements;

(i) Laws and rules pertaining to special education;

(j) Laws and rules governing braille instruction under RCW 28A.155.105, 28A.155.115, and 28A.410.032;

(k) Teacher certification requirements in RCW 28A.305.130 (1) through (5), 28A.400.100, and chapter 28A.410 RCW; and

(l) The essential academic learning requirements being developed by the commission on student learning in RCW 28A.630.885.

(6) School district boards of directors may not grant waivers that impair contracts or collective bargaining agreements. Understanding that collective bargaining language can sometimes pose a barrier to change, it is the intent of the legislature to encourage school districts and unions to work together toward agreements that will allow maximum flexibility in order to improve student learning. The granting of waivers of state laws and rules pursuant to chapter . . ., Laws of 1997 (this act) by school district boards of directors as authorized in this section shall not be subject to collective bargaining unless the subject of the waiver request is contained within a collective bargaining agreement.

(7) School district boards of directors granting waivers to state laws and rules shall certify to the superintendent of public instruction that they have a waiver review process in effect and shall transmit to the superintendent of public instruction and the state board of education a list of laws and rules that have been waived in accordance with this section and a description of the process used in considering the waivers. The superintendent of public instruction and the state board of education shall review the waivers of state laws and rules within their respective jurisdictions. The waivers shall be approved by the superintendent of public instruction or the state board of education, as appropriate, if the school district board of directors complied with the requirements of this section. The superintendent of public instruction or state board of education, as appropriate, shall approve or deny the waiver request, in whole or in part, within forty calendar days of receiving the list of waivers. If the district receives no response from either the superintendent of public instruction or the state board of education after forty days, the waiver shall be deemed uncontested. If a waiver is contested by the superintendent of public instruction or the state board of education, either as appropriate, may make recommendations to the district that will assist the district in accomplishing the goal sought through the waiver. The state board of education may delegate the responsibility for reviewing and approving or denying the waivers to its staff if an appeal procedure to the board is provided.

(8) School district boards of directors granting waivers shall report annually to the superintendent of public instruction the impact on student learning or delivery of education services resulting from the waivers granted.

(9) The superintendent of public instruction and state board of education shall report to the legislature by November 1, 2000, the laws and rules that have been waived in accordance with this section. The superintendent of public instruction and the state board of education shall also review the implementation of this section to determine if the waivers are meeting the stated objectives of this section and make recommendations to the legislature about any changes necessary to ensure the objectives are met.

NEW SECTION. Sec. 3. A new section is added to chapter 28A.150 RCW to read as follows:

Schools may obtain, in accordance with section 2 of this act, waivers from the statutory requirements in this chapter that pertain to the instructional program, operation, and management of schools. Waivers also may be obtained, in accordance with section 2 of this act, from any rules of the state board of education and superintendent of public instruction adopted to implement the statutory requirements.

NEW SECTION. Sec. 4. A new section is added to chapter 28A.165 RCW to read as follows:

NEW SECTION. Sec. 5. A new section is added to chapter 28A.175 RCW to read as follows:

NEW SECTION. Sec. 6. A new section is added to chapter 28A.185 RCW to read as follows:

NEW SECTION. Sec. 7. A new section is added to chapter 28A.210 RCW to read as follows:

NEW SECTION. Sec. 8. A new section is added to chapter 28A.220 RCW to read as follows:

NEW SECTION. Sec. 9. A new section is added to chapter 28A.225 RCW to read as follows:

NEW SECTION. Sec. 10. A new section is added to chapter 28A.230 RCW to read as follows:

NEW SECTION. Sec. 11. A new section is added to chapter 28A.235 RCW to read as follows:

NEW SECTION. Sec. 12. A new section is added to chapter 28A.300 RCW to read as follows:

NEW SECTION. Sec. 13. A new section is added to chapter 28A.305 RCW to read as follows:

NEW SECTION. Sec. 14. A new section is added to chapter 28A.320 RCW to read as follows:

NEW SECTION. Sec. 15. A new section is added to chapter 28A.330 RCW to read as follows:

NEW SECTION. Sec. 16. A new section is added to chapter 28A.600 RCW to read as follows:

Sec. 17. RCW 28A.335.170 and 1990 c 33 s 360 are each amended to read as follows:

The board of directors of any school district may enter into contracts for their respective districts for periods not exceeding five years in duration with public and private persons, organizations, and entities for the following purposes:

(1) To rent or lease building space, portable buildings, security systems, computers and other equipment. A school district administrator or principal may obtain, in accordance with section 2 of this act, waivers from the five-year restriction. Waivers also may be obtained, in accordance with section 2 of this act, from any rules of the state board of education and superintendent of public instruction adopted to implement the statutory requirements;

(2) To have maintained and repaired security systems, computers and other equipment; and

(3) To provide pupil transportation services.

No school district may enter into a contract for pupil transportation unless it has notified the superintendent of public instruction that, in the best judgment of the district, the cost of contracting will not exceed the projected cost of operating its own pupil transportation.

The budget of each school district shall identify that portion of each contractual liability incurred pursuant to this section extending beyond the fiscal year by amount, duration, and nature of the contracted service and/or item in accordance with rules and regulations of the superintendent of public instruction adopted pursuant to RCW 28A.505.140 and 28A.310.330.

The provisions of this section shall not have any effect on the length of contracts for school district employees specified by RCW 28A.400.300 and 28A.405.210."

Correct the title.

EFFECT: The provisions in the second substitute bill concerning collective bargaining agreements are either modified or stricken. An affirmative statement is made that school districts may not waive mandatory subjects of collective bargaining and terms and conditions of collective bargaining agreements. An affirmative statement is also made that the legislature intends to encourage unions and employers to work together toward agreements that will allow maximum flexibility to improve student learning. The provision in the bill concerning conditions of probation is stricken. The waiver provisions governing certificated and classified employees are stricken. The waiver provisions in the chapters governing teacher certification, special education, sexual equality, and bilingual education are stricken. The principal must seek the substantial involvement of the superintendent, teachers, parents, and the site council. The site council must approve the application. Waivers may only be granted to schools that participate in the assessment provisions under education goals. SPI and SBE must review implementation of the act to determine if the waivers are meeting the stated objectives.