[atlas:bill]

AN ACT Relating to the governance of the Washington state school for the deaf; amending RCW 72.40.010, 72.40.022, 72.42.010, 72.42.020, 72.42.040, and 72.42.070; and adding a new section to chapter 72.40 RCW.

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

Sec. 1. RCW 72.40.010 and 1985 c 378 s 11 are each amended to read as follows:

There are established at Vancouver, Clark county, a school which shall be known as the state school for the blind, and a separate school which shall be known as the state school for the deaf. The primary purpose of the state school for the blind and the state school for the deaf is to educate and train hearing and visually impaired children.

The ((~~schools~~)) school for the blind shall be under the direction of ((~~their respective superintendents~~)) the superintendent with the advice of the board of trustees. The school for the deaf shall be under the direction of the superintendent and board of trustees.

Sec. 2. RCW 72.40.022 and 1993 c 147 s 1 are each amended to read as follows:

In addition to any other powers and duties prescribed by law, the superintendent of the state school for the blind ((~~and the superintendent of the state school for the deaf~~)):

(1) Shall have full control of ((~~their respective schools~~)) the school and the property of various kinds.

(2) May establish criteria, in addition to state certification, for teachers at ((~~their respective schools~~)) the school.

(3) Shall employ members of the faculty, administrative officers, and other employees, who shall all be subject to chapter 41.06 RCW, the state civil service law, unless specifically exempted by other provisions of law.

(4) Shall establish the course of study including vocational training, with the assistance of the faculty and the advice of the ((~~respective boards~~)) board of trustees.

(5) May establish new facilities as needs demand.

(6) May adopt rules, under chapter 34.05 RCW, as deemed necessary for the government, management, and operation of the housing facilities.

(7) Shall control the use of the facilities and authorize the use of the facilities for night school, summer school, public meetings, or other purposes consistent with the purposes of ((~~their respective schools~~)) the school.

(8) May adopt rules for pedestrian and vehicular traffic on property owned, operated, and maintained by the ((~~respective schools~~)) school.

(9) Shall purchase all supplies and lease or purchase equipment and other personal property needed for the operation or maintenance of ((~~their respective schools~~)) the school.

(10) Except as otherwise provided by law, may enter into contracts as ((~~each~~)) the superintendent deems essential to the ((~~respective~~)) purposes of ((~~their schools~~)) the school.

(11) May receive gifts, grants, conveyances, devises, and bequests of real or personal property from whatever source, as may be made from time to time, in trust or otherwise, whenever the terms and conditions will aid in carrying out the programs of the ((~~respective schools~~)) school; sell, lease or exchange, invest, or expend the same or the proceeds, rents, profits, and income thereof except as limited by the terms and conditions thereof; and adopt rules to govern the receipt and expenditure of the proceeds, rents, profits, and income thereof.

(12) May, except as otherwise provided by law, enter into contracts as the ((~~superintendents deem~~)) superintendent deems essential for the operation of their respective schools.

(13) May adopt rules providing for the transferability of employees between the school for the deaf and the school for the blind consistent with collective bargaining agreements in effect.

(14) Shall prepare and administer ((~~their respective budgets~~)) the budget consistent with RCW 43.88.160 and the budget and accounting act, chapter 43.88 RCW generally, as applicable.

(15) May adopt rules under chapter 34.05 RCW and perform all other acts not forbidden by law as the superintendent((s)) deems necessary or appropriate to the administration of ((~~their respective schools~~)) the school.

NEW SECTION. Sec. 3. A new section is added to chapter 72.40 RCW to read as follows:

In addition to any other powers and duties prescribed by law, the superintendent of the state school for the deaf:

(1) Shall have responsibility for supervision and management of the school and the property of various kinds.

(2) May establish criteria, in addition to state certification, for teachers at the school.

(4) Shall establish the course of study including vocational training, with the assistance of the faculty and the approval of the board of trustees.

(5) May establish, with the approval of the board of trustees, new facilities as needs demand.

(6) May adopt rules, under chapter 34.05 RCW, as approved by the board of trustees, as deemed necessary for the government, management, and operation of the housing facilities.

(7) Shall, as approved by the board of trustees, control the use of the facilities and authorize the use of the facilities for night school, summer school, public meetings, or other purposes consistent with the purposes of the school.

(8) May adopt rules, as approved by the board of trustees, for pedestrian and vehicular traffic on property owned, operated, and maintained by the school.

(9) Shall purchase all supplies and lease or purchase equipment and other personal property needed for the operation or maintenance of the school.

(10) Except as otherwise provided by law, may enter into contracts as the superintendent deems essential to the purpose of the school.

(11) May receive gifts, grants, conveyances, devises, and bequests of real or personal property from whatever source, as may be made from time to time, in trust or otherwise, whenever the terms and conditions will aid in carrying out the programs of the school; sell, lease or exchange, invest, or expend the same or the proceeds, rents, profits, and income thereof except as limited by the terms and conditions thereof; and adopt rules to govern the receipt and expenditure of the proceeds, rents, profits, and income thereof.

(12) May, except as otherwise provided by law, enter into contracts as the superintendent deems essential for the operation of the school.

(13) May adopt rules, as approved by the board of trustees, providing for the transferability of employees between the school for the deaf and the school for the blind consistent with collective bargaining agreements in effect.

(14) Shall prepare, submit to the board of trustees for approval, and administer the budget consistent with RCW 43.88.160 and the budget and accounting act, chapter 43.88 RCW generally, as applicable.

(15) May adopt rules under chapter 34.05 RCW, as approved by the board of trustees, and perform all other acts not forbidden by law as the superintendent deems necessary or appropriate to the administration of the school.

(16) Shall serve as executive secretary for the board of trustees.

Sec. 4. RCW 72.42.010 and 1985 c 378 s 31 are each amended to read as follows:

It is the intention of the legislature, in creating a board of trustees for the state school for the deaf to perform the duties set forth in this chapter, that the board of trustees perform needed ((~~advisory~~)) oversight services to the governor and the legislature ((~~and to~~)) of the school's superintendent ((~~of the Washington state school for the deaf~~)) and staff in the development of programs for the hearing impaired, and in the operation of the Washington state school for the deaf.

Sec. 5. RCW 72.42.020 and 1993 c 147 s 9 are each amended to read as follows:

There is hereby created a board of trustees for the state school for the deaf to be composed of a resident from each of the state's congressional districts. Trustees with voting privileges shall be appointed by the governor with the consent of the senate. The president of the parent-staff organization of the school for the deaf, a representative of the classified staff designated by their exclusive bargaining representative, one representative designated by the teachers' association of the school for the deaf, and the president of the Washington state association for the deaf shall each be ex officio and nonvoting members of the board of trustees and shall serve during their respective tenures in such positions.

Trustees shall be appointed by the governor to serve for a term of five years except that any person appointed to fill a vacancy occurring prior to the expiration of any term shall be appointed within sixty days of the vacancy and appointed only for the remainder of the term.

One trustee shall be a resident and qualified elector from each of the state's congressional districts, as now or hereafter existing. The board shall not be deemed to be unlawfully constituted and a trustee shall not be deemed ineligible to serve the remainder of the trustee's unexpired term on the board solely by reason of the establishment of new or revised boundaries for congressional districts. No voting trustee may be an employee of the state school for the deaf, a member of the board of directors of any school district, a member of the governing board of any public or private educational institution, a school district or educational service district administrator appointed after July 1, 1986, or an elected officer or member of the legislative authority of any municipal corporation.

The board of trustees shall organize itself by electing a chairperson((,)) and a vice-chairperson((~~, and secretary from its members~~)). The school superintendent shall serve as executive secretary of the board. The board shall adopt a seal and may adopt such bylaws, rules, and regulations as it deems necessary for its own government. A majority of the voting members of the board in office shall constitute a quorum, but a lesser number may adjourn from time to time and may compel the attendance of absent members in such manner as prescribed in its bylaws, rules, or regulations.

Sec. 6. RCW 72.42.040 and 1985 c 378 s 34 are each amended to read as follows:

The board of trustees of the state school for the deaf:

(1) ((~~Shall monitor and inspect all existing facilities of the state school for the deaf, and report its findings to the superintendent;~~

(2) Shall study and recommend comprehensive programs of education and training and review the admission policy as set forth in RCW 72.40.040 and 72.40.050, and make appropriate recommendations to the superintendent;

~~(3)~~)) Shall develop a process for recommending candidates for the position of superintendent and upon a vacancy shall submit a list of three qualified candidates for superintendent to the governor and shall advise the superintendent about the criteria and policy to be used in the selection of members of the faculty and such other administrative officers and other employees, who shall all with the exception of the superintendent be subject to chapter 41.06 RCW, the state civil service law, unless specifically exempted by other provisions of law. All employees and personnel classified under chapter 41.06 RCW shall continue, after July 1, 1986, to perform their usual duties upon the same terms as formerly, without any loss of rights, subject to any action that may be appropriate thereafter in accordance with the laws and rules governing the state civil service law;

((~~(4)~~)) (2) Shall submit an evaluation of the superintendent to the governor by July 1 of each ((~~odd-numbered~~)) year and may recommend to the governor at any time that the superintendent be removed for misfeasance, malfeasance, or willful neglect of duty;

((~~(5) May recommend to the superintendent the establishment of new facilities as needs demand;~~

~~(6) May recommend to the superintendent rules and regulations for the government, management, and operation of such housing facilities deemed necessary or advisable;~~

(7) May make recommendations to the superintendent concerning classrooms and other facilities to be used for summer or night schools, or for public meetings and for any other uses consistent with the use of such classrooms or facilities for the school for the deaf;

~~(8) May make recommendations to the superintendent for adoption of rules and regulations for pedestrian and vehicular traffic on property owned, operated, or maintained by the school for the deaf;~~

(9) Shall recommend to the superintendent, with the assistance of the faculty, the course of study including vocational training in the school for the deaf, in accordance with other applicable provisions of law and rules and regulations;

~~(10) May grant to every student, upon graduation or completion of a program or course of study, a suitable diploma, nonbaccalaureate degree, or certificate.~~

~~(11) Shall participate in the development of, and monitor the enforcement of the rules and regulations pertaining to the school for the deaf;~~

~~(12)~~)) (3) Shall prepare and submit by July 1st of each even-numbered year a report to the governor which shall contain a detailed summary of the school's progress on performance objectives and the school's work, facility conditions, and revenues and costs of the school for the previous year and which shall contain those recommendations it deems necessary and advisable for the governor and legislature to act on;

(4) Shall approve the school's budget, and all funding requests, both operating and capital, submitted to the governor;

(5) Shall direct the development of, approve, and monitor the enforcement of the policies, rules, and regulations pertaining to the school for the deaf;

(6) Shall direct implementation of comprehensive programs of education, training, and as needed residential living, such that students served by the state school for the deaf receive a challenging and quality education in a safe school environment;

(7) Shall monitor and inspect all existing facilities of the state school for the deaf, and report its findings to the governor in its annual report;

(8) May provide direction to the superintendent concerning classrooms and other facilities to be used for summer or night schools, or for public meetings and for any other uses consistent with the use of such classrooms or facilities for the school for the deaf;

(9) May provide direction to the superintendent for adoption of rules and regulations for pedestrian and vehicular traffic on property owned, operated, or maintained by the school for the deaf;

(10) May grant to every student, upon graduation or completion of a program or course of study, a suitable diploma, nonbaccalaureate degree, or certificate;

(11) Shall perform any other duties and responsibilities prescribed by the ((~~superintendent~~)) governor.

Sec. 7. RCW 72.42.070 and 1993 c 147 s 10 are each amended to read as follows:

The board of trustees shall meet at least quarterly but may meet more frequently at such times as the board by resolution determines or the bylaws of the board prescribe.