AN ACT Relating to providing educational opportunities for students; amending RCW 28A.205.020 and 28A.205.080; adding a new section to chapter 28A.150 RCW; and creating a new section.

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

NEW SECTION. Sec. 1. The legislature finds that school districts may seek to provide instructional programs to students who are academically at risk, or who have been subject to disciplinary actions due to behavioral problems. These students have very different learning needs, and providing instruction to these students can be difficult for school districts. The legislature intends to create additional options for the education of children who are likely to be suspended, expelled, or who are exhibiting poor academic performance or behavioral problems.

NEW SECTION. Sec. 2. A new section is added to chapter 28A.150 RCW to read as follows:

(1) The board of directors of school districts may contract with alternative educational service providers for eligible students. Alternative educational service providers that the school district may contract with include, but are not limited to:

(a) Other schools;

(b) Alternative education programs not operated by the school district;

(d) Skill centers;

(e) Dropout prevention programs; or

(f) Other public or private organizations, excluding sectarian or religious organizations.

(2) Eligible students include students who are likely to be expelled or who are enrolled in the school district but have been suspended, are academically at risk, or who have been subject to repeated disciplinary actions due to behavioral problems.

(3) If a school district board of directors chooses to initiate specialized programs for students at risk of expulsion or who are failing academically by contracting out with alternative educational service providers identified in subsection (1) of this section, the school district board of directors and the organization must specify the specific learning standards that students are expected to achieve. Placement of the student shall be jointly determined by the school district, the student's parent or legal guardian, and the alternative educational service provider.

(4) For the purpose of this section, the superintendent of public instruction shall adopt rules to permit students to reenter at the grade level appropriate to the student's ability. Students who are sixteen years of age or older may take the GED test.

(5) The board of directors of school districts may require that students who would otherwise be suspended or expelled attend schools or programs listed in subsection (1) of this section as a condition of continued enrollment in the school district.

Sec. 3. RCW 28A.205.020 and 1993 c 211 s 2 are each amended to read as follows:

Only eligible common school dropouts shall be enrolled in a certified education center for reimbursement by the superintendent of public instruction as provided in RCW 28A.205.040. ((No)) A person ((~~shall be considered~~)) is not an eligible common school dropout ((~~who~~)) if: (1) The person has completed high school, (2) ((~~who~~)) the person has not reached his or her ((~~thirteenth~~)) twelfth birthday or has passed his or her twentieth birthday, ((or)) (3) the person shows proficiency beyond the high school level in a test approved by the superintendent of public instruction to be given as part of the initial diagnostic procedure, or (4) ((~~until~~)) less than one month has passed after ((~~he or she~~)) the person has dropped out of any common school and the education center has not received written verification from a school official of the common school last attended in this state that ((~~such~~)) the person is no longer in attendance at ((~~such~~)) the school((~~, unless such center has been requested to admit such person by written communication of~~)). A person is an eligible common school dropout even if one month has not passed since the person dropped out if the board of directors or its designee, of that common school, ((~~or unless such~~)) requests the center to admit the person because the person has dropped out or because the person is unable to attend a particular common school because of disciplinary reasons, including suspension and/or expulsion ((~~therefrom~~)). The fact that any person may be subject to RCW 28A.225.010 through 28A.225.150, 28A.200.010, and 28A.200.020 shall not affect his or her qualifications as an eligible common school dropout under this chapter.

Sec. 4. RCW 28A.205.080 and 1993 c 211 s 7 are each amended to read as follows:

The legislature recognizes that education centers provide a necessary and effective service for students who have dropped out of common school programs. Education centers have demonstrated success in preparing such youth for productive roles in society and are an integral part of the state's program to address the needs of students who have dropped out of school. The superintendent of public instruction shall distribute funds, consistent with legislative appropriations, allocated specifically for education centers in accord with chapter 28A.205 RCW. The legislature encourages school districts to explore cooperation with education centers pursuant to section 2 of this act.