H-1188.1 _______________________________________________
HOUSE BILL 1611
_______________________________________________
State of Washington 56th Legislature 1999 Regular Session
By Representative Delvin
Read first time 02/01/1999. Referred to Committee on Education.
AN ACT Relating to waivers of laws and rules pertaining to schools; and amending RCW 28A.320.017, 28A.150.425, 28A.165.095, 28A.175.015, 28A.185.045, 28A.220.065, 28A.230.065, 28A.235.035, 28A.300.075, 28A.305.148, 28A.320.045, 28A.330.005, 28A.400.115, 28A.405.469, 28A.600.005, 41.59.935, and 28A.630.945.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
Sec. 1. RCW 28A.320.017 and 1997 c 431 s 2 are each amended to read as follows:
(1) As provided in RCW 28A.150.425, 28A.165.095, 28A.175.015, 28A.185.045, 28A.220.065, 28A.230.065, 28A.235.035, 28A.300.075, 28A.305.148, 28A.320.045, 28A.330.005, 28A.400.115, 28A.405.469, and 28A.600.005, 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)) third 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.
(((10)
This section expires June 30, 1999.))
Sec. 2. RCW 28A.150.425 and 1997 c 431 s 3 are each amended to read as follows:
(((1)))
Schools may obtain, in accordance with RCW 28A.320.017, 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 RCW 28A.320.017, from any rules of the state board of
education and superintendent of public instruction adopted to implement the
statutory requirements.
(((2) This section expires June 30, 1999.))
Sec. 3. RCW 28A.165.095 and 1997 c 431 s 5 are each amended to read as follows:
(((1)))
Schools may obtain, in accordance with RCW 28A.320.017, 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 RCW 28A.320.017, from any rules of the state board of
education and superintendent of public instruction adopted to implement the
statutory requirements.
(((2) This section expires June 30, 1999.))
Sec. 4. RCW 28A.175.015 and 1997 c 431 s 6 are each amended to read as follows:
(((1)))
Schools may obtain, in accordance with RCW 28A.320.017, 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 RCW 28A.320.017, from any rules of the state board of
education and superintendent of public instruction adopted to implement the
statutory requirements.
(((2) This section expires June 30, 1999.))
Sec. 5. RCW 28A.185.045 and 1997 c 431 s 8 are each amended to read as follows:
(((1)))
Schools may obtain, in accordance with RCW 28A.320.017, 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 RCW 28A.320.017, from any rules of the state board of
education and superintendent of public instruction adopted to implement the
statutory requirements.
(((2) This section expires June 30, 1999.))
Sec. 6. RCW 28A.220.065 and 1997 c 431 s 9 are each amended to read as follows:
(((1)))
Schools may obtain, in accordance with RCW 28A.320.017, 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 RCW 28A.320.017, from any rules of the state board of
education and superintendent of public instruction adopted to implement the
statutory requirements.
(((2) This section expires June 30, 1999.))
Sec. 7. RCW 28A.230.065 and 1997 c 431 s 11 are each amended to read as follows:
(((1)))
Schools may obtain, in accordance with RCW 28A.320.017, 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 RCW 28A.320.017, from any rules of the state board of
education and superintendent of public instruction adopted to implement the
statutory requirements.
(((2) This section expires June 30, 1999.))
Sec. 8. RCW 28A.235.035 and 1997 c 431 s 12 are each amended to read as follows:
(((1)))
Schools may obtain, in accordance with RCW 28A.320.017, 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 RCW 28A.320.017, from any rules of the state board of
education and superintendent of public instruction adopted to implement the
statutory requirements.
(((2) This section expires June 30, 1999.))
Sec. 9. RCW 28A.300.075 and 1997 c 431 s 13 are each amended to read as follows:
(((1)))
Schools may obtain, in accordance with RCW 28A.320.017, 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 RCW 28A.320.017, from any rules of the state board of
education and superintendent of public instruction adopted to implement the
statutory requirements.
(((2) This section expires June 30, 1999.))
Sec. 10. RCW 28A.305.148 and 1997 c 431 s 14 are each amended to read as follows:
(((1)))
Schools may obtain, in accordance with RCW 28A.320.017, 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 RCW 28A.320.017, from any rules of the state board of
education and superintendent of public instruction adopted to implement the
statutory requirements.
(((2) This section expires June 30, 1999.))
Sec. 11. RCW 28A.320.045 and 1997 c 431 s 15 are each amended to read as follows:
(((1)))
Schools may obtain, in accordance with RCW 28A.320.017, 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 RCW 28A.320.017, 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 RCW 28A.320.017.
(2)
This section expires June 30, 1999.))
Sec. 12. RCW 28A.330.005 and 1997 c 431 s 16 are each amended to read as follows:
(((1)))
Schools may obtain, in accordance with RCW 28A.320.017, 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 RCW 28A.320.017, from any rules of the state board of
education and superintendent of public instruction adopted to implement the
statutory requirements.
(((2) This section expires June 30, 1999.))
Sec. 13. RCW 28A.400.115 and 1997 c 431 s 17 are each amended to read as follows:
(((1)))
Schools may obtain, in accordance with RCW 28A.320.017, 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 RCW 28A.320.017, from any rules of the state board of
education and superintendent of public instruction adopted to implement the
statutory requirements.
(((2) This section expires June 30, 1999.))
Sec. 14. RCW 28A.405.469 and 1997 c 431 s 18 are each amended to read as follows:
(((1)))
Schools may obtain, in accordance with RCW 28A.320.017, 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 RCW 28A.320.017, from any rules of the state board of
education and superintendent of public instruction adopted to implement the
statutory requirements.
(((2) This section expires June 30, 1999.))
Sec. 15. RCW 28A.600.005 and 1997 c 431 s 19 are each amended to read as follows:
(((1)))
Schools may obtain, in accordance with RCW 28A.320.017, 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 RCW 28A.320.017, from any rules of the state board of
education and superintendent of public instruction adopted to implement the
statutory requirements.
(((2) This section expires June 30, 1999.))
Sec. 16. RCW 41.59.935 and 1997 c 431 s 22 are each amended to read as follows:
(((1)))
Nothing in this chapter shall be construed to grant employers or employees the
right to reach agreements regarding:
(((a)))
(1) Salary or compensation increases in excess of those authorized in
accordance with RCW 28A.150.410 and 28A.400.200; or
(((b)))
(2) Limiting the employer's authority to grant waivers under RCW
28A.320.017.
(((2)
This section expires June 30, 1999.))
Sec. 17. RCW 28A.630.945 and 1997 c 431 s 23 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) This section expires June 30, 1999.))
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