H-2062.1  _______________________________________________

 

                    SUBSTITUTE HOUSE BILL 1562

          _______________________________________________

 

State of Washington      57th Legislature     2001 Regular Session

 

By House Committee on Education (originally sponsored by Representatives Talcott, Quall and Keiser; by request of Governor Locke, Academic Achievement and Accountability Commission and State Board of Education)

 

Read first time 02/26/2001.  Referred to Committee on .

Adopting recommendations of the academic achievement and accountability commission.


    AN ACT Relating to academic achievement and accountability system recommendations; amending RCW 28A.655.030, 28A.300.040, 28A.405.210, and 28A.405.230; 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; adding a new section to chapter 28A.320 RCW; adding a new section to chapter 28A.300 RCW; creating new sections; and repealing RCW 28A.655.035 and 28A.655.050.

 

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

 

    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 assessments; to acknowledge the challenges faced by students and teachers in achieving these goals; and to develop the necessary supports to address these challenges.

    The legislature further finds that the changes needed to fulfill the challenging goals of our school improvement efforts cannot be accomplished solely by individual educators.  Therefore, a comprehensive system of assistance must be developed and made available to all schools.  Components must include continuous research for informed decision making, staff and administrative professional development, and curriculum and instruction resources.

    The legislature further finds that an effective accountability system also must provide incentives to local schools to make needed improvements, particularly those focused on helping students succeed despite poverty, lack of English proficiency, mobility, disabilities, and family difficulties.  Further, the system must encourage educators to work in schools facing these challenges.  Districts and schools must 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.  The system should respect and support local flexibility in the design, financing, and management of schools, including their instructional programs, organization, and structure.  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 persistently fail to show adequate achievement or improvement over time.  In such cases, the state must have the capacity to intervene effectively on behalf of students.  The process for assistance and intervention must consist of distinct phases including:  Voluntary focused assistance; nonvoluntary focused assistance; and more intensive state sanctions for persistently low-performing schools.

 

    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:

    (i) 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;

    (ii) Goals for dropout rates and reduction of dropout rates for middle schools, junior high schools, and high schools, once common definitions and a student tracking system are developed;

    (iii) Goals designed to accelerate the achievement of students from various demographic 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 identify schools and school districts in need of assistance and those in which significant numbers of students persistently fail to meet state standards, including schools that may be invited or directed to accept focused assistance.  In its deliberations, the commission shall consider the use of all statewide mandated criterion-referenced and norm-referenced standardized tests;

    (e) Identify schools and school districts in which state ((intervention measures)) sanctions will be needed and a range of appropriate ((intervention strategies)) sanctions, beginning no earlier than June 30, ((2001, and after the legislature has authorized a set of intervention strategies)) 2004.  Beginning no earlier than June 30, ((2001, and after the legislature has authorized a set of intervention strategies)) 2004, 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)) implement state sanctions authorized by the legislature;

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

    (g) 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)) recommend to the superintendent of public instruction ((of)) any improvements needed to the system;

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

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

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

    (m) Develop and analyze any data or information necessary to perform its accountability responsibilities;

    (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) The superintendent of public instruction, based on the criteria established by the academic achievement and accountability commission, shall annually analyze assessment results.  The analysis shall include, but need not be limited to, consideration of the levels of achievement and levels of improvement on criterion-referenced and  norm-referenced assessments required to meet goals and achievement levels determined by the academic achievement and accountability commission.  The purposes of the analysis shall be:

    (a) To identify successful schools and school districts, based on criteria adopted by the commission;

    (b) To identify schools in need of focused assistance, based on criteria adopted by the commission; and

    (c) After June 15, 2004, to help the commission identify schools and school districts in which more intensive state sanctions may be needed.

    (2) The superintendent of public instruction shall provide the commission with available data, including raw student data, and other information the commission deems appropriate in pursuit of the fulfillment of its responsibility to provide oversight and monitoring of the state's educational accountability system.

 

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

    (1) If a school is eligible for focused assistance, each year by October 1st, the superintendent of public instruction shall notify the school district within which the school is located of such eligibility.  A school district with an eligible school may request focused assistance under this section by notifying the superintendent of public instruction by November 1st.

    (2) Once a school district has notified the superintendent of public instruction that the district will accept focused assistance on behalf of an eligible school, the superintendent of public instruction, in cooperation with the school district in which the school is located, shall oversee the following process:

    (a) The superintendent of public instruction or the superintendent's designee, in cooperation with the district and with the assistance of educational experts, shall convene a team to conduct an academic audit of, and a needs assessment for, the school.  The team shall present its findings and recommendations to the superintendent of public instruction and the school directors of the district.  The superintendent of public instruction shall share those results with the academic achievement and accountability commission.

    (b) The school directors shall hold a public hearing to inform parents, teachers, staff, and the local community about the findings and recommendation of the academic audit and the needs assessment.  The school directors shall solicit advice on how to address the issues identified by the academic audit and needs assessment.

    (c) Based on the results of the academic audit, needs assessment, and community response, the district, with the assistance of the superintendent of public instruction or the superintendent's designee, shall develop a comprehensive school improvement plan;

    (d) Based on the results of the school improvement plan and the requirements of section 5 of this act, the superintendent of public instruction or the superintendent's designee and the school district shall adopt a performance agreement.

    (3) The superintendent of public instruction and the academic achievement and accountability commission shall monitor district progress in the implementation of the performance agreement.

 

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

    (1) Focused assistance, as outlined in this chapter, shall be available to a school district on behalf of an eligible school to complete an academic audit and needs assessment, develop a comprehensive school improvement plan, and implement a performance agreement.  Focused assistance for performance agreement implementation may not be provided to a school district in a given academic year unless the agreement is approved within one hundred eighty calendar days of the date the district accepts the offer of focused assistance.  Assistance may be obtained from third parties, such as personnel from colleges or universities, independent contractors, statewide education organizations, and educational service districts.

    (2) The academic audit shall include an assessment of the things that are working well in the school and those which need reexamination and refinement.  The audit may also include, but need not be limited to, an assessment of the types of philosophy, vision, skills, strategies, resources, organization, evaluation, monitoring, and rewards and sanctions that need attention in the school.

    (3) 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 over time;

    (c) Current allocation and use of existing resources;

    (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; and

    (j) Other barriers to improvement.

    (4) Based on results of the academic audit, the needs assessment, and community input, a school improvement plan shall be developed or revised by the district, with the assistance of the superintendent of public instruction or the superintendent's designee.  The plan, which shall be developed with the involvement of the school's staff, parents, and major employee organizations, shall address identified barriers to improved student performance.

    (5) Third parties may provide assistance in the development of the improvement plan.  The improvement plan shall include, but need not be limited to a description of:

    (a) Student performance goals and expectations;

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

    (c) The most significant barriers to improvement and how those barriers will be addressed;

    (d) What actions are needed to assist the school;

    (e) Who is responsible for implementing the specific actions in the plan;

    (f) Whether students attending the school should have the choice of transferring to other public schools in the district, and whether this choice includes free bus transportation; and

    (g) Whether waivers of state laws or local policies and agreements are needed.  Waiver provisions in existence before January 1, 2001, are to be used to obtain the waivers, under an expedited decision-making process if necessary.

    (6) The superintendent of public instruction, or the superintendent's designee, and the school district shall jointly negotiate and adopt the terms of a performance agreement to implement the school improvement plan.  The agreement shall be developed in consultation with the school's staff, parents, and major employee organizations.  The duration of a performance agreement shall be two school years for schools that have voluntarily accepted focused assistance and one school year for school districts that have been directed to accept focused assistance.  The agreement may be renewed with the approval of the academic achievement and accountability commission.  The performance agreements shall include, but not be limited to a description of:

    (a) Student performance goals and expectations;

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

    (c) How additional focused assistance resources, if any, will be used;

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

    (e) What actions the district and state will take to assist the school;

    (f) Whether students attending the school have the choice of transferring to other public schools in the district, and whether this choice includes free bus transportation;

    (g) Which specific waivers, if any, of state laws or local policies and agreements are needed.  Waiver provisions in existence before January 1, 2001, are to be used to obtain the waivers, under an expedited decision-making process if necessary;

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

    (i) Measurable benchmarks for actions in the performance agreement with a timeline for completion against which the district, school, and the state are required to show progress.

    (7) Before final adoption, the performance agreement shall be submitted to the academic achievement and accountability commission for the commission's review and comment.

 

    NEW SECTION.  Sec. 6.  A new section is added to chapter 28A.655 RCW to read as follows:

    After June 15, 2002, annually the superintendent of public instruction and the academic achievement and accountability commission shall jointly analyze assessment results of any schools that were notified of their eligibility but did not receive focused assistance in the previous year due to the school district's decision to decline the assistance.  Based on the analysis conducted under this section, if the academic achievement and accountability commission determines the students in a school are not making sufficient progress toward improved achievement, the superintendent of public instruction shall direct the school district to accept focused assistance on behalf of the eligible school under sections 4 and 5 of this act.  The superintendent of public instruction or the superintendent's designee and the school district shall jointly negotiate and adopt a performance agreement.  However, if the district or school fails to conduct this process in good faith, the superintendent of public instruction shall recommend to the commission that state sanctions be imposed.

 

    NEW SECTION.  Sec. 7.  A new section is added to chapter 28A.655 RCW to read as follows:

    (1) The superintendent of public instruction, or the superintendent's designee shall analyze the implementation of a performance agreement after the agreement has been in effect for one year.  Upon completion, the superintendent shall provide the analysis to the academic achievement and accountability commission.  The focus of the analysis shall be the degree to which implementation benchmarks and timelines in the agreement have been met.

    (2) Two years after a performance agreement is approved for a school district that has accepted voluntary assistance, and one year after a performance agreement has been approved for a school district that has received involuntary assistance, the superintendent of public instruction and the academic achievement and accountability commission shall jointly evaluate progress on the performance agreement implementation benchmarks and the degree to which students in the school have met or exceeded the student performance expectations described in the agreement.  The evaluation shall use multiple sources of information that may include, but are not limited to, the information included in the academic audit and the needs assessment required in section 4 of this act.

    (3) Based on the results of the evaluation, the superintendent of public instruction shall recommend to the commission that the performance agreement be:

    (a) Terminated because the agreement was successfully completed;

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

    (c) Replaced with state sanctions.  The superintendent of public instruction shall recommend the implementation of state sanctions if the superintendent finds that the school district and school are making insufficient progress in improving student learning or insufficient progress in implementation of the performance agreement.

    (4) The superintendent of public instruction shall notify the district of the results of the evaluation and the superintendent's recommendations to the commission.

 

    NEW SECTION.  Sec. 8.  (1) The academic achievement and accountability commission shall analyze the intervention strategies used by other states and nations and the success of those strategies in improving student achievement.  Based on this analysis, the commission shall recommend a process and specific strategies for the implementation of state sanctions in schools and school districts that are making insufficient progress in improving student achievement and implementing performance agreements.  The process shall include increasingly intensive sanction strategies and appropriate notice and due process provisions.

    (2) The strategies shall include a required renegotiation of collective bargaining agreements, an automatic waiver of the state continuing contract law for certificated employees, and automatic interdistrict and intradistrict enrollment options for students assigned to the identified school.

    (3) The commission shall report its recommendations to the governor and the legislative education and fiscal committees by November 30, 2002.

 

    Sec. 9.  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 adopt contracts with school districts for the implementation of performance agreements pursuant to chapter 28A.655 RCW and, after June 30, 2004, to implement any state sanctions authorized under chapter 28A.655 RCW; and

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

 

    Sec. 10.  RCW 28A.405.210 and 1996 c 201 s 1 are each amended to read as follows:

    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, 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.

    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.  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.  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, 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.

    No earlier than July 1, 2004, the requirements of this section shall be waived in a school in which state sanctions have been imposed under chapter 28A.655 RCW.

 

    Sec. 11.  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, 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 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 for the purpose of requesting the board to reconsider the decision of the superintendent.  Such board, upon receipt of such request, shall schedule the meeting for no later than the next regularly scheduled meeting of the board, 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 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 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 to transfer an administrator to a subordinate certificated position:  PROVIDED, That in the case of principals 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 provides the exclusive means for transferring an administrator to a subordinate certificated position at the expiration of the term of his or her employment contract.

    No earlier than July 1, 2004, the requirements of this section shall be waived in a school in which state sanctions have been imposed under chapter 28A.655 RCW.

 

    NEW SECTION.  Sec. 12.  A new section is added to chapter 41.56 RCW to read as follows:

    After June 30, 2004, if a collective bargaining agreement entered into under this chapter after the effective date of this section conflicts with or prevents implementation of a sanction adopted, or a decision or action required under such a sanction by the superintendent of public instruction under chapter 28A.655 RCW, the parties to the agreement must immediately enter into collective bargaining for a mutually agreed upon modification of the agreement.

 

    NEW SECTION.  Sec. 13.  A new section is added to chapter 41.59 RCW to read as follows:

    After June 30, 2004, if a collective bargaining agreement entered into under this chapter after the effective date of this section conflicts with or prevents implementation of a sanction adopted, or a decision or action required under such a sanction by the superintendent of public instruction under chapter 28A.655 RCW, the parties to the agreement must immediately enter into collective bargaining for a mutually agreed upon modification of the agreement.

 

    NEW SECTION.  Sec. 14.  A new section is added to chapter 28A.320 RCW to read as follows:

    Each school district shall adopt a policy allowing the automatic intradistrict and interdistrict transfer and acceptance of students from schools that are the subject of state sanctions under chapter 28A.655 RCW after June 30, 2004.

 

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

    The superintendent of public instruction shall recognize and honor each school that has met or exceeded the state minimum fourth grade reading goal for the school, as defined in RCW 28A.655.050, on the 2001 Washington assessment of student learning.

 

    NEW SECTION.  Sec. 16.  RCW 28A.655.035 (Accountability policies‑-Recommendations) and 1999 c 388 s 103 are each repealed.

 

    NEW SECTION.  Sec. 17.  RCW 28A.655.050 (Reading goals--Mathematics goals) and 1999 c 388 s 201 & 1998 c 319 s 101 are each repealed.

 


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