1303-S2.E AMS FINK S3317.1

 

 

 

E2SHB 1303 - S AMD - 527

By Senators Finkbeiner and Johnson

 

                                                                   

 

    Strike everything after the enacting clause and insert the following:

 

    "NEW SECTION.  Sec. 1.  As we face a more complex society and increasing demands are placed on schools and the educational services they provide for children, it is important that school districts are provided with flexibility to determine how best to work within their communities to ensure students are meeting high academic standards.  It is the intent of the legislature 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 20 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.  The application must include evidence that the school's teachers, classified employees, site council, parents, and students, as appropriate, are committed to working cooperatively in implementing the waiver.

    (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.  The renewal of a waiver shall be subject to the review process by the superintendent of public instruction and the state board of education as provided in subsection (7) of this section.

    (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, except for waivers provided in accordance with RCW 28A.630.945; goals, RCW 28A.150.210; funding allocations, formulas, and definitions, RCW 28A.150.250 and 28A.150.260, except for waivers provided in accordance with RCW 28A.150.250; and salary and compensation minimum amounts and limitations, RCW 28A.400.200;

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

    (d) 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;

    (e) Requirements in RCW 28A.150.220 pertaining to the total number of program hours that must be offered, except for waivers provided in accordance with RCW 28A.305.140;

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

    (g) State constitutional requirements; and

    (h) Certification and other requirements in chapter 28A.410 RCW.

    (6) A school district may not include provisions in a collective bargaining agreement that limit the district's authority to grant waivers under this section.

    (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.

 

    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.155 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, except that the statutory requirements of RCW 28A.155.105 and 28A.155.115 may not be waived.  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, except that any rules adopted to implement RCW 28A.155.105 and 28A.155.115 may not be waived.  School districts may not waive the district's obligation to meet all federal statutes applicable to the education of individuals with disabilities.

 

    NEW SECTION.  Sec. 5.  A new section is added to chapter 28A.165 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. 6.  A new section is added to chapter 28A.175 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. 7.  A new section is added to chapter 28A.180 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. 8.  A new section is added to chapter 28A.185 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. 9.  A new section is added to chapter 28A.220 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. 10.  A new section is added to chapter 28A.225 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. 11.  A new section is added to chapter 28A.230 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. 12.  A new section is added to chapter 28A.235 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. 13.  A new section is added to chapter 28A.300 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. 14.  A new section is added to chapter 28A.305 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. 15.  A new section is added to chapter 28A.320 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.  No waivers may be obtained from section 2 of this act.

 

    NEW SECTION.  Sec. 16.  A new section is added to chapter 28A.330 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. 17.  A new section is added to chapter 28A.400 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. 18.  A new section is added to chapter 28A.405 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. 19.  A new section is added to chapter 28A.600 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. 20.  A new section is added to chapter 28A.640 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.

 

    Sec. 21.  RCW 28A.405.100 and 1994 c 115 s 1 are each amended to read as follows:

    (1) The superintendent of public instruction shall establish and may amend from time to time minimum criteria for the evaluation of the professional performance capabilities and development of certificated classroom teachers and certificated support personnel.  For classroom teachers the criteria shall be developed in the following categories:  Instructional skill; classroom management, professional preparation and scholarship; effort toward improvement when needed; the handling of student discipline and attendant problems; and interest in teaching pupils and knowledge of subject matter.

    Every board of directors shall, in accordance with procedure provided in RCW 41.59.010 through 41.59.170, 41.59.910 and 41.59.920, establish evaluative criteria and procedures for all certificated classroom teachers and certificated support personnel.  The evaluative criteria must contain as a minimum the criteria established by the superintendent of public instruction pursuant to this section and must be prepared within six months following adoption of the superintendent of public instruction's minimum criteria.  The district must certify to the superintendent of public instruction that evaluative criteria have been so prepared by the district.

    Except as provided in subsection (5) of this section, it shall be the responsibility of a principal or his or her designee to evaluate all certificated personnel in his or her school.  During each school year all classroom teachers and certificated support personnel, hereinafter referred to as "employees" in this section, shall be observed for the purposes of evaluation at least twice in the performance of their assigned duties.  Total observation time for each employee for each school year shall be not less than sixty minutes.  Following each observation, or series of observations, the principal or other evaluator shall promptly document the results of the observation in writing, and shall provide the employee with a copy thereof within three days after such report is prepared.  New employees shall be observed at least once for a total observation time of thirty minutes during the first ninety calendar days of their employment period.

    ((Every)) At any time after October 15th, an employee whose work is judged unsatisfactory based on district evaluation criteria shall be notified in writing of ((stated)) the specific areas of deficiencies along with a ((suggested specific and)) reasonable program for improvement ((on or before February 1st of each year)).  During the period of probation, the employee may not be transferred from the supervision of the original evaluator.  Improvement of performance or probable cause for nonrenewal must occur and be documented by the original evaluator before any consideration of a request for transfer or reassignment as contemplated by either the individual or the school district.  A probationary period of sixty school days shall be established ((beginning on or before February 1st and ending no later than May 1st)).  The establishment of a probationary period does not adversely affect the contract status of an employee within the meaning of RCW 28A.405.300.  The purpose of the probationary period is to give the employee opportunity to demonstrate improvements in his or her areas of deficiency.  The establishment of the probationary period and the giving of the notice to the employee of deficiency shall be by the school district superintendent and need not be submitted to the board of directors for approval.  During the probationary period the evaluator shall meet with the employee at least twice monthly to supervise and make a written evaluation of the progress, if any, made by the employee.  The evaluator may authorize one additional certificated employee to evaluate the probationer and to aid the employee in improving his or her areas of deficiency; such additional certificated employee shall be immune from any civil liability that might otherwise be incurred or imposed with regard to the good faith performance of such evaluation.  The probationer may be removed from probation if he or she has demonstrated improvement to the satisfaction of the principal in those areas specifically detailed in his or her initial notice of deficiency and subsequently detailed in his or her improvement program.  Lack of necessary improvement ((shall be)) during the established probationary period, as specifically documented in writing with notification to the probationer and shall constitute grounds for a finding of probable cause under RCW 28A.405.300 or 28A.405.210.

    ((The establishment of a probationary period shall not be deemed to adversely affect the contract status of an employee within the meaning of RCW 28A.405.300.))

    Immediately following the completion of a probationary period that does not produce performance changes detailed in the initial notice of deficiencies and improvement program, the employee may be removed from his or her assignment and placed into an alternative assignment for the remainder of the school year.  This reassignment may not displace another employee nor may it adversely affect the probationary employee's compensation or benefits for the remainder of the employee's contract year.  If such reassignment is not possible, the district may, at its option, place the employee on paid leave for the balance of the contract term.

    (2) Every board of directors shall establish evaluative criteria and procedures for all superintendents, principals, and other administrators.  It shall be the responsibility of the district superintendent or his or her designee to evaluate all administrators.  Such evaluation shall be based on the administrative position job description.  Such criteria, when applicable, shall include at least the following categories:  Knowledge of, experience in, and training in recognizing good professional performance, capabilities and development; school administration and management; school finance; professional preparation and scholarship; effort toward improvement when needed; interest in pupils, employees, patrons and subjects taught in school; leadership; and ability and performance of evaluation of school personnel.

    (3) Each certificated employee shall have the opportunity for confidential conferences with his or her immediate supervisor on no less than two occasions in each school year.  Such confidential conference shall have as its sole purpose the aiding of the administrator in his or her assessment of the employee's professional performance.

    (4) The failure of any evaluator to evaluate or supervise or cause the evaluation or supervision of certificated employees or administrators in accordance with this section, as now or hereafter amended, when it is his or her specific assigned or delegated responsibility to do so, shall be sufficient cause for the nonrenewal of any such evaluator's contract under RCW 28A.405.210, or the discharge of such evaluator under RCW 28A.405.300.

    (5) After an employee has four years of satisfactory evaluations under subsection (1) of this section, a school district may use a short form of evaluation, a locally bargained evaluation emphasizing professional growth, an evaluation under subsection (1) of this section, or any combination thereof.  The short form of evaluation shall include either a thirty minute observation during the school year with a written summary or a final annual written evaluation based on the criteria in subsection (1) of this section and based on at least two observation periods during the school year totaling at least sixty minutes without a written summary of such observations being prepared.  However, the evaluation process set forth in subsection (1) of this section shall be followed at least once every three years unless this time is extended by a local school district under the bargaining process set forth in chapter 41.59 RCW.  The employee or evaluator may require that the evaluation process set forth in subsection (1) of this section be conducted in any given school year.  No evaluation other than the evaluation authorized under subsection (1) of this section may be used as a basis for determining that an employee's work is unsatisfactory under subsection (1) of this section or as probable cause for the nonrenewal of an employee's contract under RCW 28A.405.210 unless an evaluation process developed under chapter 41.59 RCW determines otherwise.

 

    Sec. 22.  RCW 41.59.935 and 1990 c 33 s 571 are each amended to read as follows:

    Nothing in this chapter shall be construed to grant employers or employees the right to reach agreements regarding:

    (1) Salary or compensation increases in excess of those authorized in accordance with RCW 28A.150.410 and 28A.400.200; or

    (2) Limiting the employer's authority to grant waivers under section 2 of this act.

 

    Sec. 23.  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 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.

 

    Sec. 24.  RCW 28A.630.945 and 1995 c 208 s 1 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 districts from the provisions of statutes or rules relating to:  The length of the school year; student-to-teacher ratios; and other administrative rules that in the opinion of the state board of education or the opinion of the superintendent of public instruction may need to be waived in order for a district to implement a plan for restructuring its educational program or the educational program of individual schools within the district.

    (2) School districts may use the application process in RCW 28A.305.140 or 28A.300.138 to apply for the waivers under subsection (1) of this section.

    (((3) The joint select committee on education restructuring shall study which waivers of state laws or rules are necessary for school districts to implement education restructuring.  The committee shall study whether the waivers are used to implement specific essential academic learning requirements and student learning goals.  The committee shall study the availability of waivers under the schools for the twenty-first century program created by chapter 525, Laws of 1987, and the use of those waivers by schools participating in that program.  The committee shall also study the use of waivers authorized under RCW 28A.305.140.  The committee shall report its findings to the legislature by December 1, 1997.))

 

    NEW SECTION.  Sec. 25.  The superintendent of public instruction, in collaboration with school district personnel and the state board of education, shall conduct a study to identify additional actions that can be taken to increase flexibility for individual schools and school districts.  The study shall review the superintendent of public instruction's rule-making process, the granting of waivers from provisions of collective bargaining agreements, and other policies and practices that reduce school and school district flexibility.  The study shall be submitted to the education committees of the senate and house of representatives by December 1, 1997."

 

 

 

E2SHB 1303 - S AMD - 527

By Senators Finkbeiner and Johnson

 

                                                                   

 

    On page 1, line 1 of the title, after "education;" strike the remainder of the title and insert "amending RCW 28A.405.100, 41.59.935, 28A.335.170, and 28A.630.945; adding new sections to chapter 28A.320 RCW; adding a new section to chapter 28A.150 RCW; adding a new section to chapter 28A.155 RCW; adding a new section to chapter 28A.165 RCW; adding a new section to chapter 28A.175 RCW; adding a new section to chapter 28A.180 RCW; adding a new section to chapter 28A.185 RCW; adding a new section to chapter 28A.220 RCW; adding a new section to chapter 28A.225 RCW; adding a new section to chapter 28A.230 RCW; adding a new section to chapter 28A.235 RCW; adding a new section to chapter 28A.300 RCW; adding a new section to chapter 28A.305 RCW; adding a new section to chapter 28A.330 RCW; adding a new section to chapter 28A.400 RCW; adding a new section to chapter 28A.405 RCW; adding a new section to chapter 28A.600 RCW; adding a new section to chapter 28A.640 RCW; and creating new sections."

 


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