H-1741

AN ACT Relating to education; amending RCW 28A.405.100, 41.59.020, 41.59.935, and 28A.335.170; 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.210 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.410 RCW; adding a new section to chapter 28A.600 RCW; adding a new section to chapter 28A.640 RCW; adding a new section to chapter 41.59 RCW; creating a new section; and repealing RCW 28A.305.140, 28A.305.145, and 28A.630.945.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

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 4 through 23 of this act and RCW 41.59.020, 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 involvement from the school's superintendent, site council, school staff, and parents.

(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) The goals of the basic education act in RCW 28A.150.210 and the essential academic learning requirements being developed by the commission on student learning in RCW 28A.630.885;

(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; and

(f) State constitutional requirements.

(6) 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 is not subject to collective bargaining. 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. The following acts or parts of acts are each repealed:

(1) RCW 28A.305.140 and 1992 c 141 s 302, 1990 c 33 s 267, & 1985 c 349 s 6;

(2) RCW 28A.305.145 and 1993 c 336 s 302; and

(3) RCW 28A.630.945 and 1995 c 208 s 1.

NEW SECTION. Sec. 4. 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. 5. A new section is added to chapter 28A.155 RCW to read as follows:

NEW SECTION. Sec. 6. A new section is added to chapter 28A.165 RCW to read as follows:

NEW SECTION. Sec. 7. A new section is added to chapter 28A.175 RCW to read as follows:

NEW SECTION. Sec. 8. A new section is added to chapter 28A.180 RCW to read as follows:

NEW SECTION. Sec. 9. A new section is added to chapter 28A.185 RCW to read as follows:

NEW SECTION. Sec. 10. A new section is added to chapter 28A.210 RCW to read as follows:

NEW SECTION. Sec. 11. A new section is added to chapter 28A.220 RCW to read as follows:

NEW SECTION. Sec. 12. A new section is added to chapter 28A.225 RCW to read as follows:

NEW SECTION. Sec. 13. A new section is added to chapter 28A.230 RCW to read as follows:

NEW SECTION. Sec. 14. A new section is added to chapter 28A.235 RCW to read as follows:

NEW SECTION. Sec. 15. A new section is added to chapter 28A.300 RCW to read as follows:

NEW SECTION. Sec. 16. A new section is added to chapter 28A.305 RCW to read as follows:

NEW SECTION. Sec. 17. A new section is added to chapter 28A.320 RCW to read as follows:

NEW SECTION. Sec. 18. A new section is added to chapter 28A.330 RCW to read as follows:

NEW SECTION. Sec. 19. A new section is added to chapter 28A.400 RCW to read as follows:

NEW SECTION. Sec. 20. A new section is added to chapter 28A.405 RCW to read as follows:

NEW SECTION. Sec. 21. A new section is added to chapter 28A.410 RCW to read as follows:

NEW SECTION. Sec. 22. A new section is added to chapter 28A.600 RCW to read as follows:

NEW SECTION. Sec. 23. A new section is added to chapter 28A.640 RCW to read as follows:

Sec. 24. 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.

NEW SECTION. Sec. 25. A new section is added to chapter 41.59 RCW to read as follows:

In the case of school district employees and employers who are parties to a collective bargaining agreement that is in effect on the effective date of this section, chapter . . ., Laws of 1997 (this act) does not apply with respect to issues in which there is a conflict between chapter . . ., Laws of 1997 (this act) and the agreement until the first day following expiration of the collective bargaining agreement. On that day, chapter . . ., Laws of 1997 (this act) applies without regard to renewal or extension of the agreement.

Sec. 26. RCW 41.59.020 and 1989 c 11 s 11 are each amended to read as follows:

As used in this chapter:

(1) The term "employee organization" means any organization, union, association, agency, committee, council, or group of any kind in which employees participate, and which exists for the purpose, in whole or in part, of collective bargaining with employers.

(2) The term "collective bargaining" or "bargaining" means the performance of the mutual obligation of the representatives of the employer and the exclusive bargaining representative to meet at reasonable times in light of the time limitations of the budget-making process, and to bargain in good faith in an effort to reach agreement with respect to the wages, hours, and terms and conditions of employment((~~: PROVIDED, That~~)). "Collective bargaining" or "bargaining" does not include transfer, assignment, or scheduling of employees, the school year calendar, or the granting of waivers under section 2 of this act. Prior law, practice or interpretation shall be neither restrictive, expansive, nor determinative with respect to the scope of bargaining. A written contract incorporating any agreements reached shall be executed if requested by either party. The obligation to bargain does not compel either party to agree to a proposal or to make a concession.

In the event of a dispute between an employer and an exclusive bargaining representative over the matters that are terms and conditions of employment, the commission shall decide which item(s) are mandatory subjects for bargaining and which item(s) are nonmandatory.

(3) The term "commission" means the public employment relations commission established by RCW 41.58.010.

(4) The terms "employee" and "educational employee" means any certificated employee of a school district, except:

(a) The chief executive officer of the employer.

(b) The chief administrative officers of the employer, which shall mean the superintendent of the district, deputy superintendents, administrative assistants to the superintendent, assistant superintendents, and business manager. Title variation from all positions enumerated in this subsection (b) may be appealed to the commission for determination of inclusion in, or exclusion from, the term "educational employee".

(i) Any person who participates directly on behalf of an employer in the formulation of labor relations policy, the preparation for or conduct of collective bargaining, or the administration of collective bargaining agreements, except that the role of such person is not merely routine or clerical in nature but calls for the consistent exercise of independent judgment; and

(ii) Any person who assists and acts in a confidential capacity to such person.

(d) Unless included within a bargaining unit pursuant to RCW 41.59.080, any supervisor, which means any employee having authority, in the interest of an employer, to hire, assign, promote, transfer, layoff, recall, suspend, discipline, or discharge other employees, or to adjust their grievances, or to recommend effectively such action, if in connection with the foregoing the exercise of such authority is not merely routine or clerical in nature but calls for the consistent exercise of independent judgment, and shall not include any persons solely by reason of their membership on a faculty tenure or other governance committee or body. The term "supervisor" shall include only those employees who perform a preponderance of the above-specified acts of authority.

(e) Unless included within a bargaining unit pursuant to RCW 41.59.080, principals and assistant principals in school districts.

(5) The term "employer" means any school district.

(6) The term "exclusive bargaining representative" means any employee organization which has:

(a) Been selected or designated pursuant to the provisions of this chapter as the representative of the employees in an appropriate collective bargaining unit; or

(b) Prior to January 1, 1976, been recognized under a predecessor statute as the representative of the employees in an appropriate collective bargaining or negotiations unit.

(7) The term "person" means one or more individuals, organizations, unions, associations, partnerships, corporations, boards, committees, commissions, agencies, or other entities, or their representatives.

(8) The term "nonsupervisory employee" means all educational employees other than principals, assistant principals and supervisors.

Sec. 27. 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. 28. 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.