BP BHEAD INT S [atlas:bill]

AN ACT Relating to academic choice in education scholarship program; adding a new chapter to Title 28A RCW; and providing for submission of this act to a vote of the people.

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

NEW SECTION. Sec. 1. The superintendent of public instruction shall establish an academic choice in education scholarship program to be initially piloted in the five school districts with the largest student populations in grades kindergarten through twelve.

NEW SECTION. Sec. 2. (1) "Eligible private school" means an approved private school located within an eligible school district that: (a) Complies with chapter 28A.195 RCW; (b) complies with all the health and safety laws and rules that apply to public schools; (c) is free from sectarian control or influence; (d) voluntarily participates in the academic choice in education scholarship program; and (e) agrees to comply with the requirements of the academic choice in education scholarship program.

(2) "Eligible school district" means any of the five school districts in the state of Washington with the largest total student populations in public and private schools in grades kindergarten through twelve.

(3) "Eligible student" means a student in grades kindergarten through twelve who: (a) Resides in one of the eligible school districts; (b) qualifies for free or reduced-priced meal programs under RCW 28A.235.140; and (c) during the previous school year was either (i) enrolled in the eligible school district; (ii) attending an eligible private school as an eligible student admitted through the scholarship program; or (iii) not enrolled in school.

(4) "Education-related expenses" means expenses necessarily incurred by an eligible student to participate fully in any required or optional academic curriculum offered by the eligible private school.

(5) "Scholarship program" means the academic choice in education scholarship program.

(6) "Superintendent" means the superintendent of public instruction of the state of Washington.

NEW SECTION. Sec. 3. (1) The scholarship program shall be a pilot program and shall begin in the 1998-99 school year.

(2) The superintendent shall design the scholarship program to meet the following requirements:

(a) Up to seven percent of an eligible school district's student population in grades kindergarten through twelve may participate in the scholarship program during the 1998-99 school year. Beginning in the 1999-2000 school year and thereafter, up to fifteen percent of an eligible school district's student population may participate in the scholarship program.

(b) Up to sixty-five percent of an eligible private school's enrollment may consist of eligible students attending the private school under the scholarship program.

(c) By May 1st of each year, an eligible private school must notify the superintendent of its intent to participate in the scholarship program the following school year. The notice must specify the maximum number of eligible students the private school will accept under the scholarship program. An eligible private school must also notify the superintendent when the private school accepts an applicant, when the eligible private school has reached its sixty-five percent maximum enrollment, and if any of the accepted eligible students drop out or are expelled during the school year.

(d) Any eligible student or the eligible student's parents or legal guardian may submit an application to an eligible private school that the student wishes to attend the following school year. The superintendent shall provide the application forms to the eligible school districts, which shall make the forms available to applicants. The applicant must submit the application no later than a date established by the superintendent. Within sixty days of receiving the application, the eligible private school shall notify the applicant in writing whether the school has accepted the applicant. Eligible private schools must accept applications on a random basis except that the eligible private school may give preference in accepting applications to siblings of eligible students accepted on a random basis.

(e) If the eligible private school rejects an eligible student because the school has insufficient space available, the eligible student may transfer his or her application to another participating eligible private school that has available space.

(f) Upon receipt from the eligible private school of proof of the student's enrollment in the school, the superintendent shall pay to the school a total of three thousand five hundred dollars for purposes of payment of tuition and education-related expenses. To participate in the scholarship program, an eligible private school must agree to accept the three thousand five hundred dollar payment as payment for the entire cost of the student's tuition and education-related expenses at the school for the school year. The superintendent shall pay fifty percent of the total amount in September and fifty percent in May. Nothing in this subsection (2)(f) prohibits the eligible private school from accepting donations or grants.

(g) For administrative purposes, the superintendent may make the check payable to the eligible private school on behalf of an enrolled eligible student. If more than one eligible student is enrolled in an eligible private school, the superintendent may consolidate payments made to the school on behalf of those students.

(h) The eligible school district shall provide transportation for students attending an eligible private school and shall receive state funding for the operating costs of transporting those students.

(i) The superintendent shall adopt rules to implement the pilot project and allocate funding.

NEW SECTION. Sec. 4. The superintendent shall:

(1) Adjust the annual payments to the eligible school districts to reflect the payments to eligible school districts to transport the accepted students to the private schools;

(2) Develop a process, in cooperation with the eligible school districts, to notify students and parents annually of students who reside in eligible school districts about the scholarship program and the participating eligible private schools;

(3) Develop a process, in cooperation with the eligible school districts and the participating eligible private schools, to inform the superintendent, the participating private school, and the students and parents in the eligible school district, when the eligible school districts and the participating private schools have reached their maximum enrollments for the upcoming school year;

(4) Monitor the scholarship program as provided in section 5 of this act; and

(5) No later than December 1, 2001, recommend to the appropriate committees of the legislature whether to expand, modify, or discontinue the scholarship program.

NEW SECTION. Sec. 5. (1) Each eligible private school participating in the scholarship program shall meet at least one of the following standards:

(a) At least seventy percent of the students in the scholarship program advance one grade level each year;

(b) The private school's average attendance rate for the students in the scholarship program is at least ninety percent as measured by a standard established by the superintendent;

(c) At least eighty percent of the students in the scholarship program demonstrate significant academic progress as measured by the private school; and

(d) At least seventy percent of the students in the scholarship program meet parent involvement criteria established by the private school.

(2) The superintendent shall monitor the performance of the students attending the participating eligible private schools. If the superintendent determines in any school year that a participating eligible private school is not meeting at least one of the standards under subsection (1) of this section, that private school may not participate in the scholarship program in the following school year.

NEW SECTION. Sec. 6. This chapter may be known and cited as the academic choice in education scholarship program act.

NEW SECTION. Sec. 7. Sections 1 through 6 of this act constitute a new chapter in Title 28A RCW.

NEW SECTION. Sec. 8. The secretary of state shall submit this act to the people for their adoption and ratification, or rejection, at the next general election to be held in this state, in accordance with Article II, section 1 of the state Constitution and the laws adopted to facilitate its operation.