5625-S AMS MCAU S2266

5625-S AMS MCAU S2266.2

SSB 5625 - S AMD 076

By Senators McAuliffe, Finkbeiner, Eide, Rasmussen, Carlson and Regala

Strike everything after the enacting clause and insert the following:

"NEW SECTION. Sec. 1. The legislature finds that Washington's educators have made significant progress in preparing students for successful and productive lives in the twenty-first century.

The legislature further finds the need for an effective accountability system to help fulfill the promise of statewide school improvement efforts for all Washington students. The legislature recognizes that all stakeholders in Washington's public education system share in the responsibility for an effective accountability system, including educators, students, parents, the community, and state policymakers. An effective accountability system should inform, support, and motivate, as well as require achievement of the state's learning goals.

The legislature further finds that the goals of this accountability system are to promote learning and achievement of the goals and academic standards for all students as measured by the elementary, middle, and high school criterion-referenced and norm-referenced assessments; to acknowledge the challenges faced by students and educators in achieving these goals; and to help support schools address these challenges.

The legislature further finds that an effective accountability system should encourage educators to work in schools facing these challenges. Districts and schools should be measured for continuous improvement over time against their own baseline, not against the performance of other schools.

The legislature further finds that the accountability system should rely on local responsibility and leadership. State-level responsibility should emphasize assistance, technical support, and monitoring. At the same time, the legislature finds that state intervention may be necessary in schools that show no progress in student achievement and improvement in student learning over time. In such cases, the state must have the capacity to intervene effectively on behalf of students.

Sec. 2. RCW 28A.655.030 and 1999 c 388 s 102 are each amended to read as follows:

The powers and duties of the academic achievement and accountability commission shall include, but are not limited to the following:

(1) For purposes of statewide accountability, the commission shall:

(a) Adopt and revise performance improvement goals in reading, writing, science, and mathematics by subject and grade level as the commission deems appropriate to improve student learning, once assessments in these subjects are required statewide. The goals shall be in addition to any goals adopted in RCW 28A.655.050. The commission may also revise any goal adopted in RCW 28A.655.050. The commission may adopt and revise goals for dropout rates and reduction of dropout rates for middle schools, junior high schools, and high schools. The commission may adopt and revise goals designed to accelerate the achievement of students from various racial, ethnic, and socioeconomic backgrounds who are disproportionately academically underachieving. The commission shall adopt the goals by rule. However, before each goal is implemented, the commission shall present the goal to the education committees of the house of representatives and the senate for the committees' review and comment in a time frame that will permit the legislature to take statutory action on the goal if such action is deemed warranted by the legislature;

(b) Identify the scores students must achieve in order to meet the standard on the Washington assessment of student learning and determine student scores that identify levels of student performance below and beyond the standard. The commission shall set such performance standards and levels in consultation with the superintendent of public instruction and after consideration of any recommendations that may be developed by any advisory committees that may be established for this purpose;

(c) Adopt objective, systematic criteria to identify successful schools and school districts and recommend to the superintendent of public instruction schools and districts to be recognized for two types of accomplishments, student achievement and improvements in student achievement. Recognition for improvements in student achievement shall include consideration of one or more of the following accomplishments:

(i) An increase in the percent of students meeting standards. The level of achievement required for recognition may be based on the achievement goals established by the legislature under RCW 28A.655.050 and the commission under (a) of this subsection;

(ii) Positive progress on an improvement index that measures improvement in all levels of the assessment; and

(iii) Improvements despite challenges such as high levels of mobility, poverty, English as a second language learners, and large numbers of students in special populations as measured by either the percent of students meeting the standard, or the improvement index.

When determining the baseline year or years for recognizing individual schools, the commission may use the assessment results from the initial years the assessments were administered, if doing so with individual schools would be appropriate;

(d) Adopt objective, systematic criteria to be used by school districts under section 3 of this act to identify schools ((~~and school districts~~)) in need of assistance ((~~and those~~)) in which significant numbers of students persistently fail to meet state standards. Adopt objective, systematic criteria to be used by the superintendent of public instruction and the academic achievement and accountability commission under section 4 of this act, to identify schools that have shown no progress in improving student learning under the school improvement plan and have the highest need of assistance. In its deliberations, the commission shall consider the use of all statewide mandated criterion-referenced and norm-referenced standardized tests;

(e) Adopt objective, systematic criteria to identify schools and school districts in which state intervention measures will be needed ((and a range of appropriate intervention strategies, beginning no earlier than June 30, 2001, and after the legislature has authorized a set of intervention strategies. Beginning no earlier than June 30, 2001, and after the legislature has authorized a set of intervention strategies, at the request of the commission, the superintendent shall intervene in the school or school district and take corrective actions. This chapter does not provide additional authority for the commission or the superintendent of public instruction to intervene in a school or school district)) in accordance with section 5 of this act;

(f) Review state interventions that have taken place in other states and identify state interventions that have been successful;

(g) Identify performance incentive systems that have improved or have the potential to improve student achievement;

((~~(g)~~)) (h) Annually review the assessment reporting system to ensure fairness, accuracy, timeliness, and equity of opportunity, especially with regard to schools with special circumstances and unique populations of students, and a recommendation to the superintendent of public instruction of any improvements needed to the system;

((~~(h)~~)) (i) Annually report by December 1st to the legislature, the governor, the superintendent of public instruction, and the state board of education on the progress, findings, and recommendations of the commission. The report may include recommendations of actions to help improve student achievement;

((~~(i)~~)) (j) By December 1, 2000, and by December 1st annually thereafter, report to the education committees of the house of representatives and the senate on the progress that has been made in achieving the reading goal under RCW 28A.655.050 and any additional goals adopted by the commission;

((~~(j)~~)) (k) Coordinate its activities with the state board of education and the office of the superintendent of public instruction;

((~~(k)~~)) (l) Seek advice from the public and all interested educational organizations in the conduct of its work; and

((~~(l)~~)) (m) Establish advisory committees, which may include persons who are not members of the commission;

(2) Holding meetings and public hearings, which may include regional meetings and hearings;

(3) Hiring necessary staff and determining the staff's duties and compensation. However, the office of the superintendent of public instruction shall provide staff support to the commission until the commission has hired its own staff, and shall provide most of the technical assistance and logistical support needed by the commission thereafter. The office of the superintendent of public instruction shall be the fiscal agent for the commission. The commission may direct the office of the superintendent of public instruction to enter into subcontracts, within the commission's resources, with school districts, teachers, higher education faculty, state agencies, business organizations, and other individuals and organizations to assist the commission in its deliberations; and

(4) Receiving per diem and travel allowances as permitted under RCW 43.03.050 and 43.03.060.

NEW SECTION. Sec. 3. A new section is added to chapter 28A.655 RCW to read as follows:

(1) Beginning September 2001, and each September thereafter, each school district shall use the criteria established by the academic achievement and accountability commission under RCW 28A.655.030 to annually analyze student assessment results. The analysis shall include, but not be limited to, consideration of the levels of student achievement and levels of improvement on statewide criterion-referenced and norm-referenced assessments. The purposes of the analysis shall be to identify successful schools and to identify schools in need of assistance.

(2) Based on the results of the school district's analysis conducted pursuant to subsection (1) of this section, if the school district identifies a school within the district as a school in need of assistance the school district shall conduct a needs assessment of the school. The needs assessment shall analyze multiple indicators including, but not limited to:

(a) The student achievement from school, district, and statewide assessments;

(b) The improvement in student achievement and student learning over time;

(d) The current alignment of the school's curriculum and instruction with the goals and standards of the Washington assessment of student learning.

(3) Based on the results of the needs assessment conducted pursuant to subsection (2) of this section, a school improvement plan shall be developed or revised by the school in consultation with the school district. The plan shall be developed with the involvement of the school employees, students (when appropriate), parents, and the community. The improvement plan shall include, but not be limited to:

(a) Student learning and achievement goals and expectations;

(b) How existing funds will be used more effectively; and

The plan may include a request of waivers of state laws or local policies and agreements if a waiver is necessary to improve student learning and to implement the improvement plan. Waivers that are available prior to January 1, 2001, shall be obtained under an expedited decision-making process. Other waivers of the education code may be obtained from the superintendent of public instruction if the superintendent has the authority to grant such a waiver.

The plan may include replacement of school staff if the employee organization that represents the individual staff member shows evidence of support of the replacement of the individual.

(4) School districts shall have one school year to complete the needs assessments and to develop the improvement plans.

(5) Each school district shall annually report to the superintendent of public instruction and the academic achievement and accountability commission on the local efforts and the results of the school improvement plans developed or revised under subsection (3) of this section.

NEW SECTION. Sec. 4. A new section is added to chapter 28A.655 RCW to read as follows:

(1) Beginning September 2003, the superintendent of public instruction and the academic achievement and accountability commission shall annually review and analyze the reports submitted by the school districts under section 3 of this act. The analysis shall include, but not be limited to, consideration of the levels of student achievement and the levels of student improvement on criterion-referenced and norm-referenced assessments achieved under the local school improvement plan. The superintendent and the commission shall use the analysis of the local school district reports and the criteria established by the commission under RCW 28A.655.030 to identify schools annually that have shown no progress in improving student learning and have the highest need for assistance.

(2) Beginning September 2003, if the superintendent and the commission determine that a school is eligible for assistance under subsection (1) of this section then the superintendent shall notify the school district within which the eligible school is located of such eligibility.

(3) School districts with a school that is eligible for assistance may request assistance under this section by notifying the superintendent of public instruction by October 1st. If an eligible school district requests assistance then the superintendent, or the superintendent's designee, shall conduct a full needs assessment. The superintendent or the superintendent's designee shall seek input from the school employees, students (when appropriate), parents, and the community. The needs assessment shall analyze multiple indicators including, but not limited to:

(a) Student achievement from school, district, and statewide assessments;

(b) Improvement in student achievement and learning over time;

(d) Student mobility and poverty indicators;

(e) Attendance rates;

(f) Dropout and graduation rates, if applicable and available;

(g) Posthigh school indicators, if applicable and available;

(h) Percent of students in special programs;

(i) School climate and safety indicators;

(j) Other barriers to student learning; and

(k) Other information submitted by the school and school district.

(4) Based on the needs assessment, the superintendent of public instruction, or the superintendent's designee, and the eligible school district requesting assistance shall jointly negotiate the terms of a performance agreement to address the barriers to the improvement of student learning identified by the needs assessment. Any assistance provided under the terms of the performance agreement shall be limited to specific, cost-effective strategies for improving student learning, or to specific promising strategies that are part of a rigorous and ongoing evaluation, as stipulated in the performance agreement. The superintendent shall present the performance agreement to the commission. The commission shall either accept or reject the performance agreement without changes. If the commission rejects the performance agreement then the commission must provide a written explanation for the rejection. The superintendent and the school district shall have up to one year to submit another performance agreement to be accepted or rejected by the commission. The duration of a performance agreement shall be two years. The performance agreements shall include, but not be limited to:

(a) Student performance goals and learning expectations;

(b) How existing funds will be used more effectively;

(d) How the most significant barriers to improvement will be addressed;

(e) Which specific waivers, if any, of state laws or local policies and agreements are needed to improve student learning and to implement the performance agreement. Waivers that are available prior to January 1, 2001, shall be obtained under an expedited decision-making process. Other waivers of the education code may be obtained from the superintendent of public instruction if the superintendent has the authority to grant such a waiver;

(f) Whether there will be replacement of school staff. If staff is replaced then the employee organization that represents the individual staff member must show evidence of support of the replacement of the individual;

(g) Who is responsible for implementing the specific actions in the agreement; and

(h) Measurable benchmarks for actions in the performance agreement with a timeline for completion to determine progress.

(5) The superintendent of public instruction shall have one school year to complete both the needs assessment under subsection (3) of this section and the performance agreement under subsection (4) of this section, including having the academic achievement and accountability commission accept or reject the performance agreement.

(6) Once a performance agreement has been accepted by the academic achievement and accountability commission and signed by the parties, the school district shall hold a public hearing to notify the public of the components of the performance agreement.

NEW SECTION. Sec. 5. A new section is added to chapter 28A.655 RCW to read as follows:

(1) Beginning in July 2005, and annually thereafter, at the end of the first year of a performance agreement negotiated pursuant to section 4 of this act, the superintendent of public instruction or the superintendent's designee shall evaluate the progress on meeting the benchmarks, timelines, and other components of the performance agreement. The superintendent shall report the findings of the evaluation to the school district and to the academic achievement and accountability commission.

(2) Beginning in July 2006, and annually thereafter, at the end of the second year of a performance agreement negotiated pursuant to section 4 of this act, the superintendent of public instruction or the superintendent's designee shall conduct a full evaluation using multiple sources of information to determine whether each party to the performance agreement complied with the components of the performance agreement; whether the benchmarks, timelines, and other components of the performance agreement were met; and whether student learning was improved. If student learning was not improved then the superintendent or the superintendent's designee shall conduct an analysis to determine why student learning was not improved. The superintendent shall report the findings of the evaluation and the analysis to the school district and to the academic achievement and accountability commission.

(3) Based on the results of the evaluation and analysis performed under subsection (2) of this section and using the criteria developed by the commission under RCW 28A.655.030, the academic achievement and accountability commission shall determine whether the performance agreement shall be:

(a) Ended because the agreement was successfully completed;

(b) Extended with existing or newly negotiated conditions; or

The commission shall report to the house of representatives and senate committees on education and shall implement more intensive intervention strategies if the commission determines the following:

(i) The parties to the performance agreement complied with the performance agreement but the school district and the school are making insufficient progress in improving student learning as determined by the criteria developed by the commission under RCW 28A.655.030; and

(ii) The Washington assessment of student learning that is used in the criteria developed by the commission in RCW 28A.655.030 has been determined to be reliable and valid.

(4) The superintendent of public instruction shall notify the school district of the intent of the academic achievement and accountability commission to implement more intensive intervention strategies. The school district shall be provided the opportunity to present information to the commission to appeal the decision.

(5) If after the appeal by the school district the academic achievement and accountability commission determine that more intensive strategies are required then the superintendent shall design and implement an intervention plan that addresses the improvement of student learning.

(6) The superintendent of public instruction and the academic achievement and accountability commission shall report to the legislature on all interventions.

Sec. 6. RCW 28A.300.040 and 1999 c 348 s 6 are each amended to read as follows:

In addition to any other powers and duties as provided by law, the powers and duties of the superintendent of public instruction shall be:

(1) To have supervision over all matters pertaining to the public schools of the state;

(2) To report to the governor and the legislature such information and data as may be required for the management and improvement of the schools;

(3) To prepare and have printed such forms, registers, courses of study, rules for the government of the common schools, and such other material and books as may be necessary for the discharge of the duties of teachers and officials charged with the administration of the laws relating to the common schools, and to distribute the same to educational service district superintendents;

(4) To travel, without neglecting his or her other official duties as superintendent of public instruction, for the purpose of attending educational meetings or conventions, of visiting schools, of consulting educational service district superintendents or other school officials;

(5) To prepare and from time to time to revise a manual of the Washington state common school code, copies of which shall be provided in such numbers as determined by the superintendent of public instruction at no cost to those public agencies within the common school system and which shall be sold at approximate actual cost of publication and distribution per volume to all other public and nonpublic agencies or individuals, said manual to contain Titles 28A and 28C RCW, rules related to the common schools, and such other matter as the state superintendent or the state board of education shall determine. Proceeds of the sale of such code shall be transmitted to the public printer who shall credit the state superintendent's account within the state printing plant revolving fund by a like amount;

(6) To act as ex officio member and the chief executive officer of the state board of education;

(7) To file all papers, reports and public documents transmitted to the superintendent by the school officials of the several counties or districts of the state, each year separately. Copies of all papers filed in the superintendent's office, and the superintendent's official acts, may, or upon request, shall be certified by the superintendent and attested by the superintendent's official seal, and when so certified shall be evidence of the papers or acts so certified to;

(8) To require annually, on or before the 15th day of August, of the president, manager, or principal of every educational institution in this state, a report as required by the superintendent of public instruction; and it is the duty of every president, manager or principal, to complete and return such forms within such time as the superintendent of public instruction shall direct;

(9) To keep in the superintendent's office a record of all teachers receiving certificates to teach in the common schools of this state;

(10) To issue certificates as provided by law;

(11) To keep in the superintendent's office at the capital of the state, all books and papers pertaining to the business of the superintendent's office, and to keep and preserve in the superintendent's office a complete record of statistics, as well as a record of the meetings of the state board of education;

(12) With the assistance of the office of the attorney general, to decide all points of law which may be submitted to the superintendent in writing by any educational service district superintendent, or that may be submitted to the superintendent by any other person, upon appeal from the decision of any educational service district superintendent; and the superintendent shall publish his or her rulings and decisions from time to time for the information of school officials and teachers; and the superintendent's decision shall be final unless set aside by a court of competent jurisdiction;

(13) To administer oaths and affirmations in the discharge of the superintendent's official duties;

(14) To deliver to his or her successor, at the expiration of the superintendent's term of office, all records, books, maps, documents and papers of whatever kind belonging to the superintendent's office or which may have been received by the superintendent's for the use of the superintendent's office;

(15) To administer family services and programs to promote the state's policy as provided in RCW 74.14A.025;

(16) To grant waivers for school improvement plans in accordance with section 3 of this act, negotiate and implement performance agreements pursuant to section 4 of this act, and implement state intervention strategies as authorized under section 5 of this act; and

(17) To perform such other duties as may be required by law.

Sec. 7. RCW 28A.505.120 and 1975‑'76 2nd ex.s. c 118 s 12 are each amended to read as follows:

(1) If a local school district fails to comply with any binding restrictions issued by the superintendent of public instruction, the allocation of state funds for support of the local school district may be withheld, pending an investigation of the reason for such noncompliance by the office of the superintendent of public instruction. Written notice of the intent to withhold state funds, with reasons stated for this action, shall be made to the school district by the office of the superintendent of public instruction before any portion of the state allocation is withheld.

(2) Pursuant to an intervention plan authorized under chapter 28A.655 RCW, the superintendent may withhold the allocation of all or a portion of nonbasic education state funds from the local school district pending a determination by the superintendent and the academic achievement and accountability commission that withholding such funds is no longer an appropriate state intervention strategy for the improvement of student learning in the affected school district. Written notice of the intent to withhold such state funds, with reasons stated for this action, shall be made to the school district by the office of the superintendent of public instruction before any portion of the state allocation is withheld.

Sec. 8. RCW 28A.400.010 and 1990 c 33 s 376 are each amended to read as follows:

Except as what may be provided in an improvement plan under section 3 of this act, a performance agreement under section 4 of this act, or an intervention plan under section 5 of this act in all districts:

(1) The board of directors shall elect a superintendent who shall have such qualification as the local school board alone shall determine. The superintendent shall have supervision over the several departments of the schools thereof and carry out such other powers and duties as prescribed by law.

(2) Notwithstanding the provisions of RCW 28A.400.300(1), the board may contract with such superintendent for a term not to exceed three years when deemed in the best interest of the district. The right to renew a contract of employment with any school superintendent shall rest solely with the discretion of the school board employing such school superintendent. Regarding such renewal of contracts of school superintendents the provisions of RCW 28A.405.210, 28A.405.240, and 28A.645.010 shall be inapplicable.

Sec. 9. RCW 28A.400.030 and 1991 c 116 s 14 are each amended to read as follows:

In addition to such other duties as a district school board shall prescribe and except as what may be provided in an improvement plan under section 3 of this act, a performance agreement under section 4 of this act, or an intervention plan under section 5 of this act, the school district superintendent shall:

(1) Attend all meetings of the board of directors and cause to have made a record as to the proceedings thereof.

(2) Keep such records and reports and in such form as the district board of directors require or as otherwise required by law or rule or regulation of higher administrative agencies and turn the same over to his or her successor.

(3) Keep accurate and detailed accounts of all receipts and expenditures of school money. At each annual school meeting the superintendent must present his or her record book of board proceedings for public inspection, and shall make a statement of the financial condition of the district and such record book must always be open for public inspection.

(4) Give such notice of all annual or special elections as otherwise required by law; also give notice of the regular and special meetings of the board of directors.

(5) Sign all orders for warrants ordered to be issued by the board of directors.

(6) Carry out all orders of the board of directors made at any regular or special meeting.

Sec. 10. RCW 28A.400.100 and 1977 ex.s. c 272 s 1 are each amended to read as follows:

School districts may employ public school principals and/or vice principals to supervise the operation and management of the school to which they are assigned. Such persons shall hold valid teacher and administrative certificates. In addition to such other duties as shall be prescribed by law ((~~and~~)), by the job description adopted by the board of directors, and as what may be provided in an improvement plan under section 3 of this act, a performance agreement under section 4 of this act, or an intervention plan under section 5 of this act, each principal shall:

(1) Assume administrative authority, responsibility and instructional leadership, under the supervision of the school district superintendent, and in accordance with the policies of the school district board of directors, for the planning, management, supervision and evaluation of the educational program of the attendance area for which he or she is responsible.

(2) Submit recommendations to the school district superintendent regarding appointment, assignment, promotion, transfer and dismissal of all personnel assigned to the attendance area for which he or she is responsible.

(3) Submit recommendations to the school district superintendent regarding the fiscal needs to maintain and improve the instructional program of the attendance area for which he or she is responsible.

(4) Assume administrative authority and responsibility for the supervision, counseling and discipline of pupils in the attendance area for which he or she is responsible.

Sec. 11. RCW 28A.400.300 and 1997 c 13 s 10 are each amended to read as follows:

Every board of directors, unless otherwise specially provided by law and except as what may be provided in an improvement plan under section 3 of this act, a performance agreement under section 4 of this act, or an intervention plan under section 5 of this act, shall:

(1) Employ for not more than one year, and for sufficient cause discharge all certificated and classified employees;

(2) Adopt written policies granting leaves to persons under contracts of employment with the school district(s) in positions requiring either certification or classified qualifications, including but not limited to leaves for attendance at official or private institutes and conferences and sabbatical leaves for employees in positions requiring certification qualification, and leaves for illness, injury, bereavement and, emergencies for both certificated and classified employees, and with such compensation as the board of directors prescribe: PROVIDED, That the board of directors shall adopt written policies granting to such persons annual leave with compensation for illness, injury and emergencies as follows:

(a) For such persons under contract with the school district for a full year, at least ten days;

(b) For such persons under contract with the school district as part time employees, at least that portion of ten days as the total number of days contracted for bears to one hundred eighty days;

(c) For certificated and classified employees, annual leave with compensation for illness, injury, and emergencies shall be granted and accrue at a rate not to exceed twelve days per year; provisions of any contract in force on June 12, 1980, which conflict with requirements of this subsection shall continue in effect until contract expiration; after expiration, any new contract executed between the parties shall be consistent with this subsection;

(d) Compensation for leave for illness or injury actually taken shall be the same as the compensation such person would have received had such person not taken the leave provided in this proviso;

(e) Leave provided in this proviso not taken shall accumulate from year to year up to a maximum of one hundred eighty days for the purposes of RCW 28A.400.210 and 28A.400.220, and for leave purposes up to a maximum of the number of contract days agreed to in a given contract, but not greater than one year. Such accumulated time may be taken at any time during the school year or up to twelve days per year may be used for the purpose of payments for unused sick leave.

(f) Sick leave heretofore accumulated under section 1, chapter 195, Laws of 1959 (former RCW 28.58.430) and sick leave accumulated under administrative practice of school districts prior to the effective date of section 1, chapter 195, Laws of 1959 (former RCW 28.58.430) is hereby declared valid, and shall be added to leave for illness or injury accumulated under this proviso;

(g) Any leave for injury or illness accumulated up to a maximum of forty-five days shall be creditable as service rendered for the purpose of determining the time at which an employee is eligible to retire, if such leave is taken it may not be compensated under the provisions of RCW 28A.400.210 and 28A.310.490;

(h) Accumulated leave under this proviso shall be transferred to and from one district to another, the office of superintendent of public instruction and offices of educational service district superintendents and boards, to and from such districts and such offices;

(i) Leave accumulated by a person in a district prior to leaving said district may, under rules and regulations of the board, be granted to such person when the person returns to the employment of the district.

When any certificated or classified employee leaves one school district within the state and commences employment with another school district within the state, the employee shall retain the same seniority, leave benefits and other benefits that the employee had in his or her previous position: PROVIDED, That classified employees who transfer between districts after July 28, 1985, shall not retain any seniority rights other than longevity when leaving one school district and beginning employment with another. If the school district to which the person transfers has a different system for computing seniority, leave benefits, and other benefits, then the employee shall be granted the same seniority, leave benefits and other benefits as a person in that district who has similar occupational status and total years of service.

Sec. 12. RCW 28A.405.210 and 1996 c 201 s 1 are each amended to read as follows:

(1) No teacher, principal, supervisor, superintendent, or other certificated employee, holding a position as such with a school district, hereinafter referred to as "employee", shall be employed except by written order of a majority of the directors of the district at a regular or special meeting thereof and as may be provided in an improvement plan under section 3 of this act, a performance agreement under section 4 of this act, or an intervention plan under section 5 of this act, nor unless he or she is the holder of an effective teacher's certificate or other certificate required by law or the state board of education for the position for which the employee is employed, nor unless his or her employment with a school district is consistent with any and all determinations made by the superintendent of public instruction and the academic achievement and accountability commission under the authority granted in sections 3, 4, and 5 of this act and RCW 28A.655.030.

The board shall make with each employee employed by it a written contract, which shall be in conformity with the laws of this state, and except as otherwise provided by law, limited to a term of not more than one year. Any employment contract approved after September 1, 2001, that is inconsistent with any provision of this act is null and void solely with respect to those provisions in conflict with this act. Every such contract shall be made in duplicate, one copy to be retained by the school district superintendent or secretary and one copy to be delivered to the employee. No contract shall be offered by any board for the employment of any employee who has previously signed an employment contract for that same term in another school district of the state of Washington unless such employee shall have been released from his or her obligations under such previous contract by the board of directors of the school district to which he or she was obligated. Any contract signed in violation of this provision shall be void.

In the event it is determined that there is probable cause or causes that the employment contract of an employee should not be renewed by the district for the next ensuing term such employee shall be notified in writing on or before May 15th preceding the commencement of such term of that determination, or if the omnibus appropriations act has not passed the legislature by May 15th, then notification shall be no later than June 1st, which notification shall specify the cause or causes for nonrenewal of contract. Such determination of probable cause for certificated employees, other than the superintendent, shall be made by the superintendent or in accordance with an improvement plan under section 3 of this act, a performance agreement under section 4 of this act, or an intervention plan under section 5 of this act. Such notice shall be served upon the employee personally, or by certified or registered mail, or by leaving a copy of the notice at the house of his or her usual abode with some person of suitable age and discretion then resident therein. Every such employee so notified, except employees notified pursuant to the implementation of an improvement plan under section 3 of this act, a performance agreement under section 4 of this act, or an intervention plan under section 5 of this act, at his or her request made in writing and filed with the president, chair, or secretary of the board of directors of the district within ten days after receiving such notice, shall be granted opportunity for hearing pursuant to RCW 28A.405.310 to determine whether there is sufficient cause or causes for nonrenewal of contract: PROVIDED, That any employee receiving notice of nonrenewal of contract due to an enrollment decline or loss of revenue may, in his or her request for a hearing, stipulate that initiation of the arrangements for a hearing officer as provided for by RCW 28A.405.310(4) shall occur within ten days following July 15 rather than the day that the employee submits the request for a hearing. If any such notification or opportunity for hearing is not timely given, the employee entitled thereto shall be conclusively presumed to have been reemployed by the district for the next ensuing term upon contractual terms identical with those which would have prevailed if his or her employment had actually been renewed by the board of directors for such ensuing term.

This section shall not be applicable to "provisional employees" as so designated in RCW 28A.405.220; transfer to a subordinate certificated position as that procedure is set forth in RCW 28A.405.230 shall not be construed as a nonrenewal of contract for the purposes of this section.

(2) In the event that a determination is made pursuant to an improvement plan under section 3 of this act, a performance agreement under section 4 of this act, or an intervention plan under section 5 of this act that there is probable cause that the employment contract of an employee should not be renewed for the ensuing term:

(a) Such employee shall be notified thereof in writing on or before May 15th preceding the commencement of the school term, or if the omnibus appropriations act has not passed the legislature by May 15th, then notification shall be by June 1st, which notification shall state the reason or reasons for such determination. Such notice shall be served upon the employee personally, or by certified or registered mail, or by leaving a copy of the notice at the place of his or her usual abode with some person of suitable age and discretion then resident therein.

(b) The determination of nonrenewal by the academic achievement and accountability commission shall consider any evaluations conducted pursuant to RCW 28A.405.100 and shall be in accordance with the provisions of an improvement plan under section 3 of this act, a performance agreement under section 4 of this act, or an intervention plan under section 5 of this act.

(c) Every such employee notified pursuant to this subsection, at his or her request made in writing and filed with the superintendent of the district within ten days after receiving such notice, shall be given the opportunity to meet informally with the superintendent for the purpose of requesting the superintendent to recommend that the academic achievement and accountability commission reconsider their decision. Such meeting shall be held no later than ten days following the receipt of such request, and the employee shall be given at least three days' written notice of the date, time, and place of the meeting. At such meeting the employee shall be given the opportunity to refute any facts upon which the superintendent's or the academic achievement and accountability commission's determination was based and to make any argument in support of his or her request for reconsideration.

(d) Within ten days following the meeting with the employee, the superintendent shall either recommend to the superintendent of public instruction that the employee be reinstated or shall submit to the school district board of directors for consideration at its next regular meeting a written report recommending that the employment contract of the employee be nonrenewed and stating the reason or reasons therefor. A copy of such report shall be delivered to the employee at least three days before the scheduled meeting of the board of directors. The district superintendent may request an informal meeting with the superintendent of public instruction to consider a recommendation to reinstate the employee. The superintendent of public instruction shall consider but is not required to grant such request for an informal meeting with the district superintendent and the employee. In taking action upon the recommendation of the superintendent or the direction of the superintendent of public instruction and the commission, the board of directors may consider any written communication that the employee may file with the secretary of the board at any time before that meeting.

(e) The board of directors shall notify the employee in writing of its final decision and action within ten days following the meeting at which the superintendent's recommendation or the direction of the superintendent of public instruction and the commission was considered. The action of the board of directors to nonrenew the contract of an employee under this subsection shall be final and not subject to appeal.

Sec. 13. RCW 28A.405.220 and 1996 c 201 s 2 are each amended to read as follows:

Notwithstanding the provisions of RCW 28A.405.210, every person employed by a school district in a teaching or other nonsupervisory certificated position shall be subject to nonrenewal of employment contract as provided in this section and under an improvement plan under section 3 of this act, a performance agreement under section 4 of this act, or an intervention plan under section 5 of this act during the first two years of employment by such district, unless the employee has previously completed at least two years of certificated employment in another school district in the state of Washington, in which case the employee shall be subject to nonrenewal of employment contract pursuant to this section during the first year of employment with the new district or as may be provided pursuant to an improvement plan under section 3 of this act, a performance agreement under section 4 of this act, or an intervention plan under section 5 of this act. Employees as defined in this section shall hereinafter be referred to as "provisional employees".

In the event the superintendent of the school district or the superintendent of public instruction and the academic achievement and accountability commission determine((s)) that the employment contract of any provisional employee should not be renewed by the district for the next ensuing term such provisional employee shall be notified thereof by the district superintendent in writing on or before May 15th preceding the commencement of such school term, or if the omnibus appropriations act has not passed the legislature by May 15th, then notification shall be no later than June 1st, which notification shall state the reason or reasons for such determination. Such notice shall be served upon the provisional employee personally, or by certified or registered mail, or by leaving a copy of the notice at the place of his or her usual abode with some person of suitable age and discretion then resident therein. ((~~The~~)) A determination ((of)) by the superintendent of the school district shall be subject to the evaluation requirements of RCW 28A.405.100. A determination by the superintendent of public instruction and the commission shall be made pursuant to an improvement plan under section 3 of this act, a performance agreement under section 4 of this act, or an intervention plan under section 5 of this act.

Every such provisional employee so notified, at his or her request made in writing and filed with the superintendent of the district within ten days after receiving such notice, shall be given the opportunity to meet informally with the superintendent for the purpose of requesting the superintendent to reconsider his or her decision or consider recommending to the superintendent of public instruction and the commission reinstatement of the provisional employee. Such meeting shall be held no later than ten days following the receipt of such request, and the provisional employee shall be given written notice of the date, time and place of meeting at least three days prior thereto. At such meeting the provisional employee shall be given the opportunity to refute any facts upon which the ((~~superintendent's~~)) determination was based and to make any argument in support of his or her request for reconsideration.

Within ten days following the meeting with the provisional employee, the superintendent shall either reinstate the provisional employee or shall recommend to the superintendent of public instruction that the employee be reinstated or shall submit to the school district board of directors for consideration at its next regular meeting a written report recommending that the employment contract of the provisional employee be nonrenewed and stating the reason or reasons therefor. In the event the district superintendent recommends reinstatement to the superintendent of public instruction, the district superintendent may request an informal meeting with the superintendent of public instruction to present his or her reasons. Such request for an informal meeting shall be considered by the superintendent of public instruction. A copy of such report shall be delivered to the provisional employee at least three days prior to the scheduled meeting of the board of directors. In taking action upon the recommendation of the superintendent, the board of directors shall consider any written communication which the provisional employee may file with the secretary of the board at any time prior to that meeting.

The board of directors shall notify the provisional employee in writing of its final decision within ten days following the meeting at which the superintendent's recommendation was considered. The decision of the board of directors to nonrenew the contract of a provisional employee shall be final and not subject to appeal.

This section applies to any person employed by a school district in a teaching or other nonsupervisory certificated position after June 25, 1976. This section and an improvement plan under section 3 of this act, a performance agreement under section 4 of this act, or an intervention plan under section 5 of this act provide((s)) the exclusive means for nonrenewing the employment contract of a provisional employee and no other provision of law shall be applicable thereto, including, without limitation, RCW 28A.405.210 and chapter 28A.645 RCW.

Sec. 14. RCW 28A.405.230 and 1996 c 201 s 3 are each amended to read as follows:

Any certificated employee of a school district employed as an assistant superintendent, director, principal, assistant principal, coordinator, or in any other supervisory or administrative position, hereinafter in this section referred to as "administrator", shall be subject to transfer, at the expiration of the term of his or her employment contract or as may be provided pursuant to an improvement plan under section 3 of this act, a performance agreement under section 4 of this act, or an intervention plan under section 5 of this act during the term of such an employee's employment contract that took effect after September 1, 2001, to any subordinate certificated position within the school district. "Subordinate certificated position" as used in this section, shall mean any administrative or nonadministrative certificated position for which the annual compensation is less than the position currently held by the administrator.

Every superintendent determining that the best interests of the school district would be served by transferring any administrator to a subordinate certificated position, and every superintendent notified that, pursuant to an improvement plan under section 3 of this act, a performance agreement under section 4 of this act, or an intervention plan under section 5 of this act, the superintendent of public instruction and the academic achievement and accountability commission have determined that the best interests of the school district would be served by transferring any administrator to a subordinate certificated position shall notify that administrator in writing on or before May 15th preceding the commencement of such school term of that determination, or if the omnibus appropriations act has not passed the legislature by May 15th, then notification shall be no later than June 1st, which notification shall state the reason or reasons for the transfer, and shall identify the subordinate certificated position to which the administrator will be transferred. Such notice shall be served upon the administrator personally, or by certified or registered mail, or by leaving a copy of the notice at the place of his or her usual abode with some person of suitable age and discretion then resident therein.

Every such administrator so notified, at his or her request made in writing and filed with the president or chair, or secretary of the board of directors of the district within ten days after receiving such notice, shall be given the opportunity to meet informally with the board of directors in an executive session thereof or with the superintendent of public instruction as appropriate for the purpose of requesting the ((~~board to reconsider~~)) reconsideration of the decision of the superintendent or commission. Such board shall or the superintendent of public instruction may, upon receipt of such request, ((~~shall~~)) schedule the meeting for no later than the next regularly scheduled meeting of the board or as soon as is practicable for the office of the superintendent of public instruction to schedule a meeting for this purpose, and ((~~shall~~)) notify the administrator in writing of the date, time, and place of the meeting at least three days prior thereto. At such meeting the administrator shall be given the opportunity to refute any facts upon which the determination was based and to make any argument in support of his or her request for reconsideration. The administrator and the board or the superintendent of public instruction may invite their respective legal counsel to be present and to participate at the meeting. The board shall notify the administrator in writing of its final decision, or as appropriate the final decision of the superintendent of public instruction and the academic achievement and accountability commission, within ten days following its meeting with the administrator. No appeal to the courts shall lie from the final decision of the board of directors or commission to transfer an administrator to a subordinate certificated position: PROVIDED, That in the case of principals, except for any principal transferred pursuant to an improvement plan under section 3 of this act, a performance agreement under section 4 of this act, or an intervention plan under section 5 of this act, such transfer shall be made at the expiration of the contract year and only during the first three consecutive school years of employment as a principal by a school district; except that if any such principal has been previously employed as a principal by another school district in the state of Washington for three or more consecutive school years the provisions of this section shall apply only to the first full school year of such employment.

This section applies to any person employed as an administrator by a school district on June 25, 1976 and to all persons so employed at any time thereafter. This section and an improvement plan under section 3 of this act, a performance agreement under section 4 of this act, or an intervention plan under section 5 of this act provide((s)) the exclusive means for transferring an administrator to a subordinate certificated position at the expiration of the term of his or her employment contract.

Sec. 15. RCW 28A.150.020 and 1969 ex.s. c 223 s 28A.01.060 are each amended to read as follows:

"Common schools" means schools maintained at public expense in each school district or under alternative arrangements for public governance or administration pursuant to an improvement plan under section 3 of this act, a performance agreement under section 4 of this act, or an intervention plan under section 5 of this act and carrying on a program from kindergarten through the twelfth grade or any part thereof including vocational educational courses otherwise permitted by law.

Sec. 16. RCW 28A.320.010 and 1969 ex.s. c 223 s 28A.58.010 are each amended to read as follows:

A school district shall constitute a body corporate and shall possess all the usual powers of a public corporation except as may be provided pursuant to an improvement plan under section 3 of this act, a performance agreement under section 4 of this act, or an intervention plan under section 5 of this act, and in that name and style may sue and be sued and transact all business necessary for maintaining school and protecting the rights of the district, and enter into such obligations as are authorized therefor by law.

Sec. 17. RCW 28A.320.015 and 1992 c 141 s 301 are each amended to read as follows:

(1) Except as provided in an improvement plan under section 3 of this act, a performance agreement under section 4 of this act, or an intervention plan under section 5 of this act, the board of directors of each school district may exercise the following:

(a) The broad discretionary power to determine and adopt written policies not in conflict with other law that provide for the development and implementation of programs, activities, services, or practices that the board determines will:

(i) Promote the education of kindergarten through twelfth grade students in the public schools; or

(ii) Promote the effective, efficient, or safe management and operation of the school district;

(b) Such powers as are expressly authorized by law; and

(2) Before adopting a policy under subsection (1)(a) of this section, the school district board of directors shall comply with the notice requirements of the open public meetings act, chapter 42.30 RCW, and shall in addition include in that notice a statement that sets forth or reasonably describes the proposed policy. The board of directors shall provide a reasonable opportunity for public written and oral comment and consideration of the comment by the board of directors.

Sec. 18. RCW 28A.320.035 and 1997 c 267 s 1 are each amended to read as follows:

(1) The board of directors of a school district may contract with other school districts, educational service districts, public or private organizations, agencies, schools, or individuals to implement the board's powers and duties provided that such contracts are consistent with any provisions which may be implemented pursuant to an improvement plan under section 3 of this act, a performance agreement under section 4 of this act, or an intervention plan under section 5 of this act. The board of directors of a school district may contract for goods and services, including but not limited to contracts for goods and services as specifically authorized in statute or rule, as well as other educational, instructional, and specialized services. When a school district board of directors contracts for educational, instructional, or specialized services, the purpose of the contract must be to improve student learning or achievement.

(2) A contract under subsection (1) of this section may not be made with a religious or sectarian organization or school where the contract would violate the state or federal Constitution.

Sec. 19. RCW 28A.315.005 and 1999 c 315 s 1 are each amended to read as follows:

(1) Under the constitutional framework and the laws of the state of Washington, the governance structure for the state's public common school system is comprised of the following bodies: The legislature, the governor, the superintendent of public instruction, the state board of education, the academic achievement and accountability commission, the educational service district boards of directors, and local school district boards of directors. The respective policy and administrative roles of each body are determined by the state Constitution and statutes.

(2) Local school districts are political subdivisions of the state and the organization of such districts, including the powers, duties, and boundaries thereof, may be altered or abolished by laws of the state of Washington or by the superintendent of public instruction and the academic achievement and accountability commission pursuant to an improvement plan under section 3 of this act, a performance agreement under section 4 of this act, or an intervention plan under section 5 of this act and RCW 28A.655.030 and 28A.300.040, except that the superintendent of public instruction and the academic achievement and accountability commission shall not be authorized to alter school district boundaries.

Sec. 20. RCW 28A.315.015 and 1999 c 315 s 101 are each amended to read as follows:

(1) It is the purpose of this chapter to:

(a) Incorporate into a single, comprehensive, school district organization law all essential provisions governing:

(i) The formation and establishment of new school districts;

(ii) The alteration of the boundaries of existing districts; and

(iii) The adjustment of the assets and liabilities of school districts when changes are made under this chapter; and

(b) Establish methods and procedures whereby changes in the school district system may be brought about by the people concerned and affected.

(2) It is the state's policy that decisions on proposed changes in school district organization should be made, whenever possible, by negotiated agreement between the affected school districts. If the districts cannot agree, the decision shall be made by the regional committees on school district organization, based on the committees' best judgment, taking into consideration the following factors and factors under RCW 28A.315.205:

(a) A balance of local petition requests and the needs of the statewide community at large in a manner that advances the best interest of public education in the affected school districts and communities, the educational service district, and the state;

(b) Responsibly serving all of the affected citizens and students by contributing to logical service boundaries and recognizing a changing economic pattern within the educational service districts of the state;

(c) Enhancing the educational opportunities of pupils in the territory by reducing existing disparities among the affected school districts' ability to provide operating and capital funds through an equitable adjustment of the assets and liabilities of the affected districts;

(d) Promoting a wiser use of public funds through improvement in the school district system of the educational service districts and the state; and

(e) Other criteria or considerations as may be established in rule by the state board of education.

(3) It is neither the intent nor purpose of this chapter to apply to organizational changes and the procedure therefor relating to capital fund aid by nonhigh school districts as provided for in chapter 28A.540 RCW.

(4) This chapter is not intended to apply in any way to the provisions implemented pursuant to an improvement plan under section 3 of this act, a performance agreement under section 4 of this act, or an intervention plan under section 5 of this act.

Sec. 21. RCW 28A.315.025 and 1990 c 33 s 293 are each amended to read as follows:

As used in this chapter:

(1) "Change in the organization and extent of school districts" means the formation and establishment of new school districts, the dissolution of existing school districts, the alteration of the boundaries of existing school districts, or all of them. "Change" does not include any change implemented pursuant to an improvement plan under section 3 of this act, a performance agreement under section 4 of this act, or an intervention plan under section 5 of this act.

(2) "Regional committee" means the regional committee on school district organization created by this chapter.

(3) "State board" means the state board of education.

(4) "School district" means the territory under the jurisdiction of a single governing board designated and referred to as the board of directors.

(5) "Educational service district superintendent" means the educational service district superintendent as provided for in RCW 28A.310.170 or his or her designee.

Sec. 22. RCW 28A.225.210 and 1990 c 33 s 235 are each amended to read as follows:

Every school district shall admit on a tuition free basis all persons of school age who reside within this state, and do not reside within another school district carrying the grades for which they are eligible to enroll: PROVIDED, That nothing in this section shall be construed as affecting RCW 28A.225.220 ((or)), 28A.225.250, or an improvement plan under section 3 of this act, a performance agreement under section 4 of this act, or an intervention plan under section 5 of this act.

Sec. 23. RCW 28A.225.220 and 1995 c 335 s 602 and 1995 c 52 s 2 are each reenacted and amended to read as follows:

(1) Any board of directors may make agreements with adults choosing to attend school, and may charge the adults reasonable tuition.

(2) A district is strongly encouraged to honor the request of a parent or guardian for his or her child to attend a school in another district or the request of a parent or guardian for his or her child to transfer as a student receiving home-based instruction.

(3) A district shall release a student to a nonresident district that agrees to accept the student if:

(a) A financial, educational, safety, or health condition affecting the student would likely be reasonably improved as a result of the transfer; ((or))

(b) Attendance at the school in the nonresident district is more accessible to the parent's place of work or to the location of child care; ((or))

(c) The student transfer is authorized pursuant to an improvement plan under section 3 of this act, a performance agreement under section 4 of this act, or an intervention plan under section 5 of this act; or

(d) There is a special hardship or detrimental condition.

(4) A district may deny the request of a resident student to transfer to a nonresident district if the release of the student would adversely affect the district's existing desegregation plan. However, a district may not deny such a request for transfer if the student is authorized to transfer to a nonresident district pursuant to an improvement plan under section 3 of this act, a performance agreement under section 4 of this act, or an intervention plan under section 5 of this act.

(5) For the purpose of helping a district assess the quality of its education program, a resident school district may request an optional exit interview or questionnaire with the parents or guardians of a child transferring to another district. No parent or guardian may be forced to attend such an interview or complete the questionnaire.

(6) Beginning with the 1993-94 school year, school districts may not charge transfer fees or tuition for nonresident students enrolled under subsection (3) of this section and RCW 28A.225.225. Reimbursement of a high school district for cost of educating high school pupils of a nonhigh school district shall not be deemed a transfer fee as affecting the apportionment of current state school funds.

Sec. 24. RCW 28A.225.270 and 1990 1st ex.s. c 9 s 205 are each amended to read as follows:

Each school district in the state shall adopt and implement a policy allowing intradistrict enrollment options no later than June 30, 1990. Each district shall establish its own policy establishing standards on how the intradistrict enrollment options will be implemented. However, in the event that a conflict exists between the school district policy and actions required under this act by the academic achievement and accountability commission and the superintendent of public instruction under an improvement plan under section 3 of this act, a performance agreement under section 4 of this act, or an intervention plan under section 5 of this act, such actions shall supersede the applicable school district policy.

NEW SECTION. Sec. 25. A new section is added to chapter 41.56 RCW to read as follows:

Any contract or agreement entered into by a school district after the effective date of this section that is in conflict with the effective implementation of any decision or action authorized under this act is null and void with respect to the particular provision of the contract or agreement that is in conflict with this act.

NEW SECTION. Sec. 26. A new section is added to chapter 41.59 RCW to read as follows:

Sec. 27. RCW 41.59.910 and 1975 1st ex.s. c 288 s 19 are each amended to read as follows:

This chapter shall supersede existing statutes not expressly repealed to the extent that there is a conflict between a provision of this chapter and those other statutes. However, in the event that a conflict exists between this chapter and this act, this act shall supersede this chapter. Except as otherwise expressly provided herein, nothing in this chapter shall be construed to annul, modify or preclude the renewal or continuation of any lawful agreement entered into prior to January 1, 1976 between an employer and an employee organization covering wages, hours, and terms and conditions of employment. Where there is a conflict between any collective bargaining agreement and any resolution, rule, policy or regulation of the employer or its agents, the terms of the collective bargaining agreement shall prevail.

NEW SECTION. Sec. 28. RCW 28A.655.035 (Accountability policies‑-Recommendations) and 1999 c 388 s 103 are each repealed.

NEW SECTION. Sec. 29. RCW 28A.655.050 (Reading goals‑-Mathematics goals) and 1999 c 388 s 201 & 1998 c 319 s 101 are each repealed.

NEW SECTION. Sec. 30. Section 29 of this act takes effect September 1, 2001."

SSB 5625 - S AMD 076

By Senators McAuliffe, Finkbeiner, Eide, Rasmussen, Carlson and Regala

On page 1, line 2 of the title, after "recommendations;" strike the remainder of the title and insert "amending RCW 28A.655.030, 28A.300.040, 28A.505.120, 28A.400.010, 28A.400.030, 28A.400.100, 28A.400.300, 28A.405.210, 28A.405.220, 28A.405.230, 28A.150.020, 28A.320.010, 28A.320.015, 28A.320.035, 28A.315.005, 28A.315.015, 28A.315.025, 28A.225.210, 28A.225.270, and 41.59.910; reenacting and amending RCW 28A.225.220; adding new sections to chapter 28A.655 RCW; adding a new section to chapter 41.56 RCW; adding a new section to chapter 41.59 RCW; creating a new section; repealing RCW 28A.655.035 and 28A.655.050; and providing an effective date."