Z‑0512.3   _____________________________________________

 

SENATE BILL 5625

 

           _____________________________________________

 

State of Washington      57th Legislature     2001 Regular Session

 

By Senators McAuliffe, Finkbeiner, Carlson and Kohl‑Welles; by request of Governor Locke, Academic Achievement and Accountability Commission and State Board of Education

 

Read first time 01/29/2001.  Referred to Committee on Education.

_1      AN ACT Relating to academic achievement and accountability

_2  commission accountability system recommendations; amending RCW

_3  28A.655.030, 28A.300.040, 28A.505.120, 28A.400.010, 28A.400.030,

_4  28A.400.100, 28A.400.300, 28A.405.210, 28A.405.220, 28A.405.230,

_5  28A.150.020, 28A.320.010, 28A.320.015, 28A.320.035, 28A.315.005,

_6  28A.315.015, 28A.315.025, 28A.225.210, 28A.225.270, and 41.59.910;

_7  reenacting and amending RCW 28A.225.220; adding new sections to

_8  chapter 28A.655 RCW; adding a new section to chapter 41.56 RCW;

_9  adding a new section to chapter 41.59 RCW; creating a new section;

10  repealing RCW 28A.655.035 and 28A.655.050; and providing an

11  effective date.

     

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

     

13      NEW SECTION.  Sec. 1.  The legislature finds that the most

14  important purpose of an accountability system is to promote the

15  improvement of student achievement so that all students achieve

16  the state's four learning goals and meet or exceed the specific

17  academic standards measured by the elementary, middle, and high

18  school assessments.  Continuous improvement with a clear focus on

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_1  student achievement should be the basis for the accountability

_2  system.  Local responsibility and local control will be respected

_3  and supported so that school districts have the flexibility

_4  necessary to implement improvements.  State level involvement will

_5  emphasize monitoring, assistance, and technical support.  At the

_6  same time, the legislature further finds that if state

_7  intervention is necessary in schools that persistently fail to

_8  show adequate achievement or sufficient improvement in student

_9  learning, the state must be equipped to effectively implement

10  interventions on behalf of the students.  The assistance and

11  intervention system for schools and districts in which progress is

12  not satisfactory should consist of three distinct phases:  Intensive

13  voluntary focused assistance provided to identified schools in

14  which assistance is requested; intensive nonvoluntary focused

15  assistance for identified schools in which low performance

16  persists; and in egregious cases in which low student performance

17  continues to persist and school improvements are not occurring,

18  more intensive state intervention in the school or school

19  system.  All students should be given the opportunity to benefit

20  from improved instructional strategies and curricula aligned with

21  the state academic standards so that they become equipped to live,

22  learn, and work successfully in the twenty-first century.

     

23      Sec. 2.  RCW 28A.655.030 and 1999 c 388 s 102 are each amended to

24  read as follows:

25      The powers and duties of the academic achievement and

26  accountability commission shall include, but are not limited to

27  the following:

28      (1) For purposes of statewide accountability, the commission

29  shall:

30      (a) Adopt and revise performance improvement goals in reading,

31  writing, science, and mathematics by subject and grade level as

32  the commission deems appropriate to improve student learning, once

33  assessments in these subjects are required statewide.  The goals

34  shall be in addition to any goals adopted in RCW 28A.655.050.  The

35  commission may also revise any goal adopted in RCW 28A.655.050.  The

36  commission may adopt and revise goals for dropout rates and

37  reduction of dropout rates for middle schools, junior high

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_1  schools, and high schools.  The commission may adopt and revise

_2  goals designed to accelerate the achievement of students from

_3  various racial, ethnic, and socioeconomic backgrounds who are

_4  disproportionately academically underachieving.  The commission

_5  shall adopt the goals by rule.  However, before each goal is

_6  implemented, the commission shall present the goal to the

_7  education committees of the house of representatives and the

_8  senate for the committees' review and comment in a time frame that

_9  will permit the legislature to take statutory action on the goal

10  if such action is deemed warranted by the legislature;

11      (b) Identify the scores students must achieve in order to meet

12  the standard on the Washington assessment of student learning and

13  determine student scores that identify levels of student

14  performance below and beyond the standard.  The commission shall set

15  such performance standards and levels in consultation with the

16  superintendent of public instruction and after consideration of

17  any recommendations that may be developed by any advisory

18  committees that may be established for this purpose;

19      (c) Adopt objective, systematic criteria to identify successful

20  schools and school districts and recommend to the superintendent

21  of public instruction schools and districts to be recognized for

22  two types of accomplishments, student achievement and improvements

23  in student achievement.  Recognition for improvements in student

24  achievement shall include consideration of one or more of the

25  following accomplishments:

26      (i) An increase in the percent of students meeting standards.

27  The level of achievement required for recognition may be based on

28  the achievement goals established by the legislature under RCW

29  28A.655.050 and the commission under (a) of this subsection;

30      (ii) Positive progress on an improvement index that measures

31  improvement in all levels of the assessment; and

32      (iii) Improvements despite challenges such as high levels of

33  mobility, poverty, English as a second language learners, and

34  large numbers of students in special populations as measured by

35  either the percent of students meeting the standard, or the

36  improvement index.

37      When determining the baseline year or years for recognizing

                               p. 3                       SB 5625

_1  individual schools, the commission may use the assessment results

_2  from the initial years the assessments were administered, if doing

_3  so with individual schools would be appropriate;

_4      (d) Adopt objective, systematic criteria to identify schools

_5  and school districts in need of assistance and those in which

_6  significant numbers of students persistently fail to meet state

_7  standards, and to identify schools that may be directed to accept

_8  focused assistance as provided for under section 3(3) of this

_9  act.  In its deliberations, the commission shall consider the use of

10  all statewide mandated criterion-referenced and norm-referenced

11  standardized tests;

12      (e) Identify, based on the results of the evaluation conducted

13  under section 6 (3) and (4) of this act, schools and school

14  districts in which state intervention measures will be needed and

15  a range of appropriate intervention strategies, beginning no

16  earlier than ((June 30, 2001, and after the legislature has

17  authorized a set of intervention strategies)) September 15,

18  2003.  Beginning no earlier than ((June 30, 2001, and after the

19  legislature has authorized a set of intervention strategies))

20  September 15, 2003, at the request of the commission, the

21  superintendent shall intervene in the school or school district

22  and take corrective actions((.  This chapter does not provide

23  additional authority for the commission or the superintendent of

24  public instruction to intervene in a school or school district));

25      (f) Identify performance incentive systems that have improved

26  or have the potential to improve student achievement;

27      (g) Annually review the assessment reporting system to ensure

28  fairness, accuracy, timeliness, and equity of opportunity,

29  especially with regard to schools with special circumstances and

30  unique populations of students, and a recommendation to the

31  superintendent of public instruction of any improvements needed to

32  the system;

33      (h) Annually report by December 1st to the legislature, the

34  governor, the superintendent of public instruction, and the state

35  board of education on the progress, findings, and recommendations

36  of the commission.  The report may include recommendations of

37  actions to help improve student achievement;

38      (i) By December 1, 2000, and by December 1st annually

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_1  thereafter, report to the education committees of the house of

_2  representatives and the senate on the progress that has been made

_3  in achieving the reading goal under RCW 28A.655.050 and any

_4  additional goals adopted by the commission;

_5      (j) Coordinate its activities with the state board of education

_6  and the office of the superintendent of public instruction;

_7      (k) Seek advice from the public and all interested educational

_8  organizations in the conduct of its work; and

_9      (l) Establish advisory committees, which may include persons

10  who are not members of the commission;

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

12  regional meetings and hearings;

13      (3) Hiring necessary staff and determining the staff's duties

14  and compensation.  However, the office of the superintendent of

15  public instruction shall provide staff support to the commission

16  until the commission has hired its own staff, and shall provide

17  most of the technical assistance and logistical support needed by

18  the commission thereafter.  The office of the superintendent of

19  public instruction shall be the fiscal agent for the commission.

20  The commission may direct the office of the superintendent of

21  public instruction to enter into subcontracts, within the

22  commission's resources, with school districts, teachers, higher

23  education faculty, state agencies, business organizations, and

24  other individuals and organizations to assist the commission in

25  its deliberations; and

26      (4) Receiving per diem and travel allowances as permitted under

27  RCW 43.03.050 and 43.03.060.

     

28      NEW SECTION.  Sec. 3.  A new section is added to chapter 28A.655

29  RCW to read as follows:

30      (1) The academic achievement and accountability commission,

31  with the assistance of the superintendent of public instruction,

32  shall annually analyze assessment results.  The analysis shall

33  include but not be limited to consideration of the levels of

34  achievement and levels of improvement on criterion-referenced and

35  norm-referenced assessments required statewide.  The purposes of the

36  analysis shall be:

                               p. 5                       SB 5625

 

_1      (a) To identify successful schools and school districts based

_2  on criteria adopted by the commission;

_3      (b) To identify schools in need of focused assistance, based on

_4  criteria adopted by the commission;

_5      (c) After September 15, 2003, to help identify schools and

_6  school districts in which more intensive state intervention

_7  strategies are needed; and

_8      (d) To develop other information the commission deems

_9  appropriate in pursuit of the fulfillment of its responsibility to

10  provide oversight of the state's educational accountability

11  system.

12      (2) Based on the results of the commission's analysis of

13  relevant criteria conducted pursuant to subsection (1)(b) of this

14  section, the commission shall determine which schools shall be

15  prioritized as having the highest need for focused

16  assistance.  Subject to available appropriations and the

17  determination made under this subsection, the commission shall

18  determine the number of schools eligible for focused assistance

19  annually by September 15th.

20      (3) After September 15, 2002, the commission shall annually

21  analyze assessment results of any schools that were notified the

22  previous year of their eligibility for focused assistance but

23  which did not receive focused assistance in the previous year due

24  to the school district's decision to decline the assistance.  Based

25  on the analysis conducted under this subsection, if the commission

26  determines the students in a school are not making sufficient

27  progress toward improved achievement, the commission may direct

28  the school district to accept focused assistance on behalf of the

29  eligible school under the terms of a performance

30  agreement.  Performance agreements developed under circumstances

31  outlined in this subsection shall be developed by the

32  superintendent of public instruction, in consultation with the

33  school district, and approved by the commission.

     

34      NEW SECTION.  Sec. 4.  A new section is added to chapter 28A.655

35  RCW to read as follows:

36      (1) If the academic achievement and accountability commission

37  determines that a school is eligible for focused assistance based

SB 5625                        p. 6

_1  on assistance criteria adopted by the commission, the commission

_2  shall notify the school district within which the eligible school

_3  is located of such eligibility.  School districts with a school that

_4  the commission has determined is eligible for focused assistance

_5  may request focused assistance under this section by notifying the

_6  superintendent of public instruction.  Before a performance

_7  agreement is approved, the office of the superintendent of public

_8  instruction and the commission or its designee shall conduct a

_9  second level of analysis using local assessment and program data

10  and other information provided by the district.

11      (2)(a) The superintendent of public instruction or the

12  superintendent's designee shall negotiate the terms of a

13  performance agreement with a school district requesting focused

14  assistance.

15      (b) The superintendent of public instruction or the

16  superintendent's designee shall develop a performance agreement,

17  in consultation with a school district, when a district is

18  required by the commission to accept focused assistance.

19      (c) All such performance agreements shall be subject to

20  approval by the commission.

21      (3) Focused assistance, as outlined in this chapter, shall be

22  available to a school district on behalf of an eligible school

23  solely on the basis of, and in accordance with all terms and

24  conditions of, a performance agreement.  Focused assistance shall

25  not be provided to any school district in a given academic year

26  unless a performance agreement is approved within one hundred

27  eighty days of the date the district was notified by the

28  commission that an eligible school was located within that school

29  district.

30      (4) The duration of a performance agreement shall be two years

31  and may be renewed by the superintendent of public instruction and

32  the school district board of directors, with the approval of the

33  commission.  The focus of a performance agreement shall be what the

34  state, district, and school must do to improve the performance of

35  students in eligible schools in the district to achieve mastery of

36  the essential academic learning requirements.  Performance

37  agreements shall include:

38      (a) A needs assessment;

                               p. 7                       SB 5625

 

_1      (b) An improvement plan, that shall include but not be limited

_2  to:

_3      (i) Student performance goals and expectations for the two-year

_4  period of the agreement;

_5      (ii) How existing funds can be used more effectively;

_6      (iii) The most significant barriers to improvement and how

_7  those barriers will be addressed;

_8      (iv) What actions the district needs to take to assist the

_9  school;

10      (v) Whether students attending the school have the choice of

11  transferring to other public schools in the district, and whether

12  this choice includes free bus transportation;

13      (vi) Who is responsible for implementing the specific actions

14  in the plan; and

15      (vii) Whether waivers of state laws or local policies and

16  agreements are needed.  Waiver provisions in existence prior to

17  January 1, 2001, are to be used to obtain the waivers, under an

18  expedited decision-making process if necessary; and

19      (c) Measurable benchmarks with a timeline for completion

20  against which the district, schools, and the state are required to

21  show progress for all students.

     

22      NEW SECTION.  Sec. 5.  A new section is added to chapter 28A.655

23  RCW to read as follows:

24      (1) Assistance provided under the terms of a performance

25  agreement under section 4 of this act is limited to specific, cost-

26  effective strategies for improving student achievement, or to

27  specific promising strategies that are part of a rigorous and

28  ongoing evaluation.  Subject to available funding, financial

29  assistance shall be provided by the state if the superintendent of

30  public instruction and the academic achievement and accountability

31  commission find that funds currently available to the district on

32  behalf of the eligible school are being used effectively and that

33  additional funds are necessary.

34      (2) Focused assistance options and actions available to the

35  district and the office of the superintendent of public

36  instruction which a performance agreement may stipulate include,

37  but are not limited to:

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_1      (a) Changes in the school's curriculum and instructional

_2  practices, including implementing a whole school reform model;

_3      (b) Additional funds for staff collaboration, planning, and

_4  training;

_5      (c) Additional funds for instructional materials;

_6      (d) Additional funds for employee compensation;

_7      (e) Additional learning opportunities for students;

_8      (f) Providing students attending the school with the choice of

_9  transferring to other public schools in the district, with or

10  without free bus transportation;

11      (g) Personnel changes;

12      (h) Reallocation of financial resources;

13      (i) Waivers of specific state laws and local policies and

14  agreements;

15      (j) Increasing fiscal flexibility at the school site;

16      (k) Hiring a short-term principal/teacher replacement team that

17  would provide free time for the principal and teachers for staff

18  collaboration, planning, and training; and

19      (l) In the most egregious situations, closing and

20  reconstituting the school, which could include:

21      (i) Replacing the existing principal;

22      (ii) Replacing some or all of the staff; and

23      (iii) Contracting out the management of the school.

     

24      NEW SECTION.  Sec. 6.  A new section is added to chapter 28A.655

25  RCW to read as follows:

26      (1) The academic achievement and accountability commission or

27  its designee shall analyze the implementation of a performance

28  agreement one year after the performance agreement is approved.  The

29  focus of this analysis is on the degree to which benchmarks and

30  timelines in the agreement have been met.

31      (2) Two years after a performance agreement is approved, the

32  commission shall analyze progress on the performance agreement

33  benchmarks and whether students in the school receiving focused

34  assistance met or exceeded the student performance expectations

35  provided in the agreement.

36      (3) After focused assistance has been provided for two years to

37  a school district on behalf of an eligible school, if student

                               p. 9                       SB 5625

_1  performance does not meet or exceed the levels stipulated in the

_2  performance agreement and the commission determines the school and

_3  school district are not making sufficient progress on the

_4  benchmarks in the performance agreement, the commission or its

_5  designee shall conduct a more in-depth evaluation.

_6      (4) The evaluation conducted under subsection (3) of this

_7  section shall use multiple sources of information that may

_8  include, but are not limited to:

_9      (a) Student achievement from district or school assessments;

10      (b) The level of improvement in student achievement over time;

11      (c) Student mobility and poverty;

12      (d) Attendance;

13      (e) Dropout and graduation rates, if applicable and available;

14      (f) Posthigh school indicators, if applicable and available;

15      (g) The percent of students in special programs; and

16      (h) Other factors presented by individual districts or schools.

     

17      NEW SECTION.  Sec. 7.  A new section is added to chapter 28A.655

18  RCW to read as follows:

19      (1) At the request of the academic achievement and

20  accountability commission and as provided in RCW 28A.655.030(1)(e)

21  and 28A.300.040, and based on the results of the evaluation

22  conducted under section 6 (3) and (4) of this act, the

23  superintendent of public instruction shall intervene in a school

24  or school district deemed by the commission to be making

25  insufficient progress in improving student learning and to have

26  made insufficient progress implementing the performance agreement.

27      (2) The range of appropriate state intervention strategies

28  selected by the commission for particular schools and school

29  districts and implemented by the superintendent of public

30  instruction may include any and all actions deemed by the

31  superintendent and the commission to be necessary to improve

32  student learning.

33      (3) The state intervention strategies authorized by this act

34  include any provisions that may be contained in a performance

35  agreement and further include, but shall not be limited to:

36      (a) Withholding of funds;

37      (b) Reconstitution of school district personnel;

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_1      (c) Removal of particular schools from the school district

_2  jurisdiction and establishment of alternative arrangements for

_3  public governance and supervision of such schools;

_4      (d) Appointment by the superintendent of public instruction of

_5  a receiver or trustee to administer the affairs of the district in

_6  place of the school district superintendent and school board;

_7      (e) Abolition or restructuring of the school district;

_8      (f) Authorizing student transfers to other schools and school

_9  districts; and

10      (g) Development of a plan by the superintendent of public

11  instruction that addresses student performance problems and that

12  specifies state and school district responsibilities under the

13  plan.

14      (4) The parent or guardian of a student enrolled at a school in

15  which the commission has authorized any state intervention

16  strategies pursuant to this section shall be given the choice to

17  transfer the student to another public school in the same district

18  or in a public school in an adjacent district, subject to the

19  following conditions and limitations:

20      (a) The school district with jurisdiction over the school to

21  which the student seeks to transfer determines there is adequate

22  space at the chosen school to accommodate the transfer student;

23  and

24      (b) A student transferring to a school under this section may

25  only be offered free transportation if:

26      (i) The superintendent of public instruction determines that

27  free transportation is appropriate in the case of the individual

28  student; and

29      (ii) The transportation is paid in full by the state.

30      (5) The commission shall closely monitor and evaluate the

31  effect of the choice program developed under subsection (4) of

32  this section.

     

33      Sec. 8.  RCW 28A.300.040 and 1999 c 348 s 6 are each amended to

34  read as follows:

35      In addition to any other powers and duties as provided by law,

36  the powers and duties of the superintendent of public instruction

37  shall be:

                               p. 11                       SB 5625

 

_1      (1) To have supervision over all matters pertaining to the

_2  public schools of the state;

_3      (2) To report to the governor and the legislature such

_4  information and data as may be required for the management and

_5  improvement of the schools;

_6      (3) To prepare and have printed such forms, registers, courses

_7  of study, rules for the government of the common schools, and such

_8  other material and books as may be necessary for the discharge of

_9  the duties of teachers and officials charged with the

10  administration of the laws relating to the common schools, and to

11  distribute the same to educational service district

12  superintendents;

13      (4) To travel, without neglecting his or her other official

14  duties as superintendent of public instruction, for the purpose of

15  attending educational meetings or conventions, of visiting

16  schools, of consulting educational service district

17  superintendents or other school officials;

18      (5) To prepare and from time to time to revise a manual of the

19  Washington state common school code, copies of which shall be

20  provided in such numbers as determined by the superintendent of

21  public instruction at no cost to those public agencies within the

22  common school system and which shall be sold at approximate actual

23  cost of publication and distribution per volume to all other

24  public and nonpublic agencies or individuals, said manual to

25  contain Titles 28A and 28C RCW, rules related to the common

26  schools, and such other matter as the state superintendent or the

27  state board of education shall determine.  Proceeds of the sale of

28  such code shall be transmitted to the public printer who shall

29  credit the state superintendent's account within the state

30  printing plant revolving fund by a like amount;

31      (6) To act as ex officio member and the chief executive officer

32  of the state board of education;

33      (7) To file all papers, reports and public documents

34  transmitted to the superintendent by the school officials of the

35  several counties or districts of the state, each year separately.

36  Copies of all papers filed in the superintendent's office, and the

37  superintendent's official acts, may, or upon request, shall be

SB 5625                        p. 12

_1  certified by the superintendent and attested by the

_2  superintendent's official seal, and when so certified shall be

_3  evidence of the papers or acts so certified to;

_4      (8) To require annually, on or before the 15th day of August,

_5  of the president, manager, or principal of every educational

_6  institution in this state, a report as required by the

_7  superintendent of public instruction; and it is the duty of every

_8  president, manager or principal, to complete and return such forms

_9  within such time as the superintendent of public instruction shall

10  direct;

11      (9) To keep in the superintendent's office a record of all

12  teachers receiving certificates to teach in the common schools of

13  this state;

14      (10) To issue certificates as provided by law;

15      (11) To keep in the superintendent's office at the capital of

16  the state, all books and papers pertaining to the business of the

17  superintendent's office, and to keep and preserve in the

18  superintendent's office a complete record of statistics, as well

19  as a record of the meetings of the state board of education;

20      (12) With the assistance of the office of the attorney general,

21  to decide all points of law which may be submitted to the

22  superintendent in writing by any educational service district

23  superintendent, or that may be submitted to the superintendent by

24  any other person, upon appeal from the decision of any educational

25  service district superintendent; and the superintendent shall

26  publish his or her rulings and decisions from time to time for the

27  information of school officials and teachers; and the

28  superintendent's decision shall be final unless set aside by a

29  court of competent jurisdiction;

30      (13) To administer oaths and affirmations in the discharge of

31  the superintendent's official duties;

32      (14) To deliver to his or her successor, at the expiration of

33  the superintendent's term of office, all records, books, maps,

34  documents and papers of whatever kind belonging to the

35  superintendent's office or which may have been received by the

36  superintendent's for the use of the superintendent's office;

37      (15) To administer family services and programs to promote the

38  state's policy as provided in RCW 74.14A.025;

                               p. 13                       SB 5625

 

_1      (16) To negotiate or develop and enter into contracts with

_2  school districts to implement performance agreements providing

_3  focused assistance pursuant to chapter 28A.655 RCW and to

_4  implement state intervention strategies requested and approved by

_5  the academic achievement and accountability commission and

_6  authorized under chapter 28A.655 RCW; and

_7      (17) To perform such other duties as may be required by law.

     

_8      Sec. 9.  RCW 28A.505.120 and 1975‑'76 2nd ex.s. c 118 s 12 are each

_9  amended to read as follows:

10      (1) If a local school district fails to comply with any binding

11  restrictions issued by the superintendent of public instruction,

12  the allocation of state funds for support of the local school

13  district may be withheld, pending an investigation of the reason

14  for such noncompliance by the office of the superintendent of

15  public instruction.  Written notice of the intent to withhold state

16  funds, with reasons stated for this action, shall be made to the

17  school district by the office of the superintendent of public

18  instruction before any portion of the state allocation is

19  withheld.

20      (2) If a local school district is deemed by the academic

21  achievement and accountability commission, as provided in sections

22  4 through 7 of this act, to have made insufficient progress

23  improving student learning and insufficient progress implementing

24  a performance agreement, the allocation of all or a portion of

25  nonbasic education state funds may be withheld from the local

26  school district pending a determination by the commission that

27  withholding such funds is no longer an appropriate state

28  intervention strategy for the improvement of student learning in

29  the affected school district.  Written notice of the intent to

30  withhold such state funds, with reasons stated for this action,

31  shall be made to the school district by the office of the

32  superintendent of public instruction at the request of the

33  commission before any portion of the state allocation is withheld.

     

34     Sec. 10.  RCW 28A.400.010 and 1990 c 33 s 376 are each amended to

35  read as follows:

 

SB 5625                        p. 14

_1      Except as what may be provided under sections 5 and 7 of this

_2  act, in all districts:

_3      (1) The board of directors shall elect a superintendent who

_4  shall have such qualification as the local school board alone

_5  shall determine.  The superintendent shall have supervision over the

_6  several departments of the schools thereof and carry out such

_7  other powers and duties as prescribed by law.

_8      (2) Notwithstanding the provisions of RCW 28A.400.300(1), the

_9  board may contract with such superintendent for a term not to

10  exceed three years when deemed in the best interest of the

11  district.  The right to renew a contract of employment with any

12  school superintendent shall rest solely with the discretion of the

13  school board employing such school superintendent.  Regarding such

14  renewal of contracts of school superintendents the provisions of

15  RCW 28A.405.210, 28A.405.240, and 28A.645.010 shall be

16  inapplicable.

     

17      Sec. 11.  RCW 28A.400.030 and 1991 c 116 s 14 are each amended to

18  read as follows:

19      In addition to such other duties as a district school board

20  shall prescribe and except as what may be provided under section 3

21  or 7 of this act the school district superintendent shall:

22      (1) Attend all meetings of the board of directors and cause to

23  have made a record as to the proceedings thereof.

24      (2) Keep such records and reports and in such form as the

25  district board of directors require or as otherwise required by

26  law or rule or regulation of higher administrative agencies and

27  turn the same over to his or her successor.

28      (3) Keep accurate and detailed accounts of all receipts and

29  expenditures of school money.  At each annual school meeting the

30  superintendent must present his or her record book of board

31  proceedings for public inspection, and shall make a statement of

32  the financial condition of the district and such record book must

33  always be open for public inspection.

34      (4) Give such notice of all annual or special elections as

35  otherwise required by law; also give notice of the regular and

36  special meetings of the board of directors.

                               p. 15                       SB 5625

 

_1      (5) Sign all orders for warrants ordered to be issued by the

_2  board of directors.

_3      (6) Carry out all orders of the board of directors made at any

_4  regular or special meeting.

     

_5      Sec. 12.  RCW 28A.400.100 and 1977 ex.s. c 272 s 1 are each amended

_6  to read as follows:

_7      School districts may employ public school principals and/or

_8  vice principals to supervise the operation and management of the

_9  school to which they are assigned.  Such persons shall hold valid

10  teacher and administrative certificates.  In addition to such other

11  duties as shall be prescribed by law ((and)), by the job

12  description adopted by the board of directors, and as what may be

13  provided under section 3, 5, or 7 of this act, each principal

14  shall:

15      (1) Assume administrative authority, responsibility and

16  instructional leadership, under the supervision of the school

17  district superintendent, and in accordance with the policies of

18  the school district board of directors, for the planning,

19  management, supervision and evaluation of the educational program

20  of the attendance area for which he or she is responsible.

21      (2) Submit recommendations to the school district

22  superintendent regarding appointment, assignment, promotion,

23  transfer and dismissal of all personnel assigned to the attendance

24  area for which he or she is responsible.

25      (3) Submit recommendations to the school district

26  superintendent regarding the fiscal needs to maintain and improve

27  the instructional program of the attendance area for which he or

28  she is responsible.

29      (4) Assume administrative authority and responsibility for the

30  supervision, counseling and discipline of pupils in the attendance

31  area for which he or she is responsible.

     

32     Sec. 13.  RCW 28A.400.300 and 1997 c 13 s 10 are each amended to

33  read as follows:

34      Every board of directors, unless otherwise specially provided

35  by law and except as what may be provided under section 5 or 7 of

36  this act, shall:

SB 5625                        p. 16

 

_1      (1) Employ for not more than one year, and for sufficient cause

_2  discharge all certificated and classified employees;

_3      (2) Adopt written policies granting leaves to persons under

_4  contracts of employment with the school district(s) in positions

_5  requiring either certification or classified qualifications,

_6  including but not limited to leaves for attendance at official or

_7  private institutes and conferences and sabbatical leaves for

_8  employees in positions requiring certification qualification, and

_9  leaves for illness, injury, bereavement and, emergencies for both

10  certificated and classified employees, and with such compensation

11  as the board of directors prescribe:  PROVIDED, That the board of

12  directors shall adopt written policies granting to such persons

13  annual leave with compensation for illness, injury and emergencies

14  as follows:

15      (a) For such persons under contract with the school district

16  for a full year, at least ten days;

17      (b) For such persons under contract with the school district as

18  part time employees, at least that portion of ten days as the

19  total number of days contracted for bears to one hundred eighty

20  days;

21      (c) For certificated and classified employees, annual leave

22  with compensation for illness, injury, and emergencies shall be

23  granted and accrue at a rate not to exceed twelve days per year;

24  provisions of any contract in force on June 12, 1980, which

25  conflict with requirements of this subsection shall continue in

26  effect until contract expiration; after expiration, any new

27  contract executed between the parties shall be consistent with

28  this subsection;

29      (d) Compensation for leave for illness or injury actually taken

30  shall be the same as the compensation such person would have

31  received had such person not taken the leave provided in this

32  proviso;

33      (e) Leave provided in this proviso not taken shall accumulate

34  from year to year up to a maximum of one hundred eighty days for

35  the purposes of RCW 28A.400.210 and 28A.400.220, and for leave

36  purposes up to a maximum of the number of contract days agreed to

37  in a given contract, but not greater than one year.  Such

                               p. 17                       SB 5625

_1  accumulated time may be taken at any time during the school year

_2  or up to twelve days per year may be used for the purpose of

_3  payments for unused sick leave.

_4      (f) Sick leave heretofore accumulated under section 1, chapter

_5  195, Laws of 1959 (former RCW 28.58.430) and sick leave

_6  accumulated under administrative practice of school districts

_7  prior to the effective date of section 1, chapter 195, Laws of

_8  1959 (former RCW 28.58.430) is hereby declared valid, and shall be

_9  added to leave for illness or injury accumulated under this

10  proviso;

11      (g) Any leave for injury or illness accumulated up to a maximum

12  of forty-five days shall be creditable as service rendered for the

13  purpose of determining the time at which an employee is eligible

14  to retire, if such leave is taken it may not be compensated under

15  the provisions of RCW 28A.400.210 and 28A.310.490;

16      (h) Accumulated leave under this proviso shall be transferred

17  to and from one district to another, the office of superintendent

18  of public instruction and offices of educational service district

19  superintendents and boards, to and from such districts and such

20  offices;

21      (i) Leave accumulated by a person in a district prior to

22  leaving said district may, under rules and regulations of the

23  board, be granted to such person when the person returns to the

24  employment of the district.

25      When any certificated or classified employee leaves one school

26  district within the state and commences employment with another

27  school district within the state, the employee shall retain the

28  same seniority, leave benefits and other benefits that the

29  employee had in his or her previous position:  PROVIDED, That

30  classified employees who transfer between districts after July 28,

31  1985, shall not retain any seniority rights other than longevity

32  when leaving one school district and beginning employment with

33  another.  If the school district to which the person transfers has a

34  different system for computing seniority, leave benefits, and

35  other benefits, then the employee shall be granted the same

36  seniority, leave benefits and other benefits as a person in that

37  district who has similar occupational status and total years of

38  service.

 

SB 5625                        p. 18

     

_1     Sec. 14.  RCW 28A.405.210 and 1996 c 201 s 1 are each amended to

_2  read as follows:

_3      (1) No teacher, principal, supervisor, superintendent, or other

_4  certificated employee, holding a position as such with a school

_5  district, hereinafter referred to as "employee", shall be employed

_6  except by written order of a majority of the directors of the

_7  district at a regular or special meeting thereof and as may be

_8  provided under section 5 or 7 of this act, nor unless he or she is

_9  the holder of an effective teacher's certificate or other

10  certificate required by law or the state board of education for

11  the position for which the employee is employed, nor unless his or

12  her employment with a school district is consistent with any and

13  all determinations made by the academic achievement and

14  accountability commission under the authority granted in sections

15  4 and 6 of this act and RCW 28A.655.030.

16      The board shall make with each employee employed by it a

17  written contract, which shall be in conformity with the laws of

18  this state, and except as otherwise provided by law, limited to a

19  term of not more than one year.  Any employment contract approved

20  after September 1, 2001, that is inconsistent with any provision

21  of this act is null and void solely with respect to those

22  provisions in conflict with this act.  Every such contract shall

23  be made in duplicate, one copy to be retained by the school

24  district superintendent or secretary and one copy to be delivered

25  to the employee.  No contract shall be offered by any board for the

26  employment of any employee who has previously signed an employment

27  contract for that same term in another school district of the

28  state of Washington unless such employee shall have been released

29  from his or her obligations under such previous contract by the

30  board of directors of the school district to which he or she was

31  obligated.  Any contract signed in violation of this provision shall

32  be void.

33      In the event it is determined that there is probable cause or

34  causes that the employment contract of an employee should not be

35  renewed by the district for the next ensuing term such employee

36  shall be notified in writing on or before May 15th preceding the

37  commencement of such term of that determination, or if the omnibus

                               p. 19                       SB 5625

_1  appropriations act has not passed the legislature by May 15th,

_2  then notification shall be no later than June 1st, which

_3  notification shall specify the cause or causes for nonrenewal of

_4  contract.  Such determination of probable cause for certificated

_5  employees, other than the superintendent, shall be made by the

_6  superintendent or in accordance with the provisions of section 5

_7  or 7 of this act.  Such notice shall be served upon the employee

_8  personally, or by certified or registered mail, or by leaving a

_9  copy of the notice at the house of his or her usual abode with

10  some person of suitable age and discretion then resident therein.

11  Every such employee so notified, except employees notified

12  pursuant to the implementation of any provision of section 5 or 7

13  of this act, at his or her request made in writing and filed with

14  the president, chair, or secretary of the board of directors of

15  the district within ten days after receiving such notice, shall be

16  granted opportunity for hearing pursuant to RCW 28A.405.310 to

17  determine whether there is sufficient cause or causes for

18  nonrenewal of contract:  PROVIDED, That any employee receiving

19  notice of nonrenewal of contract due to an enrollment decline or

20  loss of revenue may, in his or her request for a hearing,

21  stipulate that initiation of the arrangements for a hearing

22  officer as provided for by RCW 28A.405.310(4) shall occur within

23  ten days following July 15 rather than the day that the employee

24  submits the request for a hearing.  If any such notification or

25  opportunity for hearing is not timely given, the employee entitled

26  thereto shall be conclusively presumed to have been reemployed by

27  the district for the next ensuing term upon contractual terms

28  identical with those which would have prevailed if his or her

29  employment had actually been renewed by the board of directors for

30  such ensuing term.

31      This section shall not be applicable to "provisional employees"

32  as so designated in RCW 28A.405.220; transfer to a subordinate

33  certificated position as that procedure is set forth in RCW

34  28A.405.230 shall not be construed as a nonrenewal of contract for

35  the purposes of this section.

36      (2) In the event that a determination is made pursuant to

37  section 5 or 7 of this act that there is probable cause that the

SB 5625                        p. 20

_1  employment contract of an employee should not be renewed for the

_2  ensuing term:

_3      (a) Such employee shall be notified thereof in writing on or

_4  before May 15th preceding the commencement of the school term, or

_5  if the omnibus appropriations act has not passed the legislature

_6  by May 15th, then notification shall be by June 1st, which

_7  notification shall state the reason or reasons for such

_8  determination.  Such notice shall be served upon the employee

_9  personally, or by certified or registered mail, or by leaving a

10  copy of the notice at the place of his or her usual abode with

11  some person of suitable age and discretion then resident therein.

12      (b) The determination of nonrenewal by the academic achievement

13  and accountability commission shall consider any evaluations

14  conducted pursuant to RCW 28A.405.100 and shall be in accordance

15  with the provisions of sections 4 and 6 of this act.

16      (c) Every such employee notified pursuant to this subsection,

17  at his or her request made in writing and filed with the

18  superintendent of the district within ten days after receiving

19  such notice, shall be given the opportunity to meet informally

20  with the superintendent for the purpose of requesting the

21  superintendent to recommend that the academic achievement and

22  accountability commission reconsider their decision.  Such meeting

23  shall be held no later than ten days following the receipt of such

24  request, and the employee shall be given at least three days'

25  written notice of the date, time, and place of the meeting.  At such

26  meeting the employee shall be given the opportunity to refute any

27  facts upon which the superintendent's or the academic achievement

28  and accountability commission's determination was based and to

29  make any argument in support of his or her request for

30  reconsideration.

31      (d) Within ten days following the meeting with the employee,

32  the superintendent shall either recommend to the superintendent of

33  public instruction that the employee be reinstated or shall submit

34  to the school district board of directors for consideration at its

35  next regular meeting a written report recommending that the

36  employment contract of the employee be nonrenewed and stating the

37  reason or reasons therefor.  A copy of such report shall be

38  delivered to the employee at least three days before the scheduled

                               p. 21                       SB 5625

_1  meeting of the board of directors.  The district superintendent may

_2  request an informal meeting with the superintendent of public

_3  instruction to consider a recommendation to reinstate the

_4  employee.  The superintendent of public instruction shall consider

_5  but is not required to grant such request for an informal meeting

_6  with the district superintendent and the employee.  In taking action

_7  upon the recommendation of the superintendent or the direction of

_8  the superintendent of public instruction and the commission, the

_9  board of directors may consider any written communication that the

10  employee may file with the secretary of the board at any time

11  before that meeting.

12      (e) The board of directors shall notify the employee in writing

13  of its final decision and action within ten days following the

14  meeting at which the superintendent's recommendation or the

15  direction of the superintendent of public instruction and the

16  commission was considered.  The action of the board of directors to

17  nonrenew the contract of an employee under this subsection shall

18  be final and not subject to appeal.

     

19      Sec. 15.  RCW 28A.405.220 and 1996 c 201 s 2 are each amended to

20  read as follows:

21      Notwithstanding the provisions of RCW 28A.405.210, every person

22  employed by a school district in a teaching or other

23  nonsupervisory certificated position shall be subject to

24  nonrenewal of employment contract as provided in this section and

25  under section 5 or 7 of this act during the first two years of

26  employment by such district, unless the employee has previously

27  completed at least two years of certificated employment in another

28  school district in the state of Washington, in which case the

29  employee shall be subject to nonrenewal of employment contract

30  pursuant to this section during the first year of employment with

31  the new district or as may be provided pursuant to section 5 or 7

32  of this act.  Employees as defined in this section shall hereinafter

33  be referred to as "provisional employees".

34      In the event the superintendent of the school district or the

35  academic achievement and accountability commission determines that

36  the employment contract of any provisional employee should not be

37  renewed by the district for the next ensuing term such provisional

SB 5625                        p. 22

_1  employee shall be notified thereof by the district superintendent

_2  in writing on or before May 15th preceding the commencement of

_3  such school term, or if the omnibus appropriations act has not

_4  passed the legislature by May 15th, then notification shall be no

_5  later than June 1st, which notification shall state the reason or

_6  reasons for such determination.  Such notice shall be served upon

_7  the provisional employee personally, or by certified or registered

_8  mail, or by leaving a copy of the notice at the place of his or

_9  her usual abode with some person of suitable age and discretion

10  then resident therein.  ((The)) A determination ((of)) by the

11  superintendent of the school district shall be subject to the

12  evaluation requirements of RCW 28A.405.100.  A determination by the

13  commission shall be made pursuant to section 5 or 7 of this act.

14      Every such provisional employee so notified, at his or her

15  request made in writing and filed with the superintendent of the

16  district within ten days after receiving such notice, shall be

17  given the opportunity to meet informally with the superintendent

18  for the purpose of requesting the superintendent to reconsider his

19  or her decision or consider recommending to the superintendent of

20  public instruction and the commission reinstatement of the

21  provisional employee.  Such meeting shall be held no later than ten

22  days following the receipt of such request, and the provisional

23  employee shall be given written notice of the date, time and place

24  of meeting at least three days prior thereto.  At such meeting the

25  provisional employee shall be given the opportunity to refute any

26  facts upon which the ((superintendent's)) determination was based

27  and to make any argument in support of his or her request for

28  reconsideration.

29      Within ten days following the meeting with the provisional

30  employee, the superintendent shall either reinstate the

31  provisional employee or shall recommend to the superintendent of

32  public instruction that the employee be reinstated or shall submit

33  to the school district board of directors for consideration at its

34  next regular meeting a written report recommending that the

35  employment contract of the provisional employee be nonrenewed and

36  stating the reason or reasons therefor.  In the event the district

37  superintendent recommends reinstatement to the superintendent of

38  public instruction, the district superintendent may request an

                               p. 23                       SB 5625

_1  informal meeting with the superintendent of public instruction to

_2  present his or her reasons.  Such request for an informal meeting

_3  shall be considered by the superintendent of public instruction. A

_4  copy of such report shall be delivered to the provisional employee

_5  at least three days prior to the scheduled meeting of the board of

_6  directors.  In taking action upon the recommendation of the

_7  superintendent, the board of directors shall consider any written

_8  communication which the provisional employee may file with the

_9  secretary of the board at any time prior to that meeting.

10      The board of directors shall notify the provisional employee in

11  writing of its final decision within ten days following the

12  meeting at which the superintendent's recommendation was

13  considered.  The decision of the board of directors to nonrenew the

14  contract of a provisional employee shall be final and not subject

15  to appeal.

16      This section applies to any person employed by a school

17  district in a teaching or other nonsupervisory certificated

18  position after June 25, 1976.  This section and sections 4 and 6 of

19  this act provide((s)) the exclusive means for nonrenewing the

20  employment contract of a provisional employee and no other

21  provision of law shall be applicable thereto, including, without

22  limitation, RCW 28A.405.210 and chapter 28A.645 RCW.

     

23      Sec. 16.  RCW 28A.405.230 and 1996 c 201 s 3 are each amended to

24  read as follows:

25      Any certificated employee of a school district employed as an

26  assistant superintendent, director, principal, assistant

27  principal, coordinator, or in any other supervisory or

28  administrative position, hereinafter in this section referred to

29  as "administrator", shall be subject to transfer, at the

30  expiration of the term of his or her employment contract or as may

31  be provided pursuant to section 5 or 7 of this act during the term

32  of such an employee's employment contract that took effect after

33  September 1, 2001, to any subordinate certificated position within

34  the school district. "Subordinate certificated position" as used

35  in this section, shall mean any administrative or

36  nonadministrative certificated position for which the annual

SB 5625                        p. 24

_1  compensation is less than the position currently held by the

_2  administrator.

_3      Every superintendent determining that the best interests of the

_4  school district would be served by transferring any administrator

_5  to a subordinate certificated position, and every superintendent

_6  notified that pursuant to section 5 or 7 of this act the academic

_7  achievement and accountability commission has determined that the

_8  best interests of the school district would be served by

_9  transferring any administrator to a subordinate certificated

10  position shall notify that administrator in writing on or before

11  May 15th preceding the commencement of such school term of that

12  determination, or if the omnibus appropriations act has not passed

13  the legislature by May 15th, then notification shall be no later

14  than June 1st, which notification shall state the reason or

15  reasons for the transfer, and shall identify the subordinate

16  certificated position to which the administrator will be

17  transferred.  Such notice shall be served upon the administrator

18  personally, or by certified or registered mail, or by leaving a

19  copy of the notice at the place of his or her usual abode with

20  some person of suitable age and discretion then resident therein.

21      Every such administrator so notified, at his or her request

22  made in writing and filed with the president or chair, or

23  secretary of the board of directors of the district within ten

24  days after receiving such notice, shall be given the opportunity

25  to meet informally with the board of directors in an executive

26  session thereof or with the superintendent of public instruction

27  as appropriate for the purpose of requesting the ((board to

28  reconsider)) reconsideration of the decision of the superintendent

29  or commission.  Such board shall or the superintendent of public

30  instruction may, upon receipt of such request, ((shall)) schedule

31  the meeting for no later than the next regularly scheduled meeting

32  of the board or as soon as is practicable for the office of the

33  superintendent of public instruction to schedule a meeting for

34  this purpose, and ((shall)) notify the administrator in writing of

35  the date, time, and place of the meeting at least three days prior

36  thereto.  At such meeting the administrator shall be given the

37  opportunity to refute any facts upon which the determination was

38  based and to make any argument in support of his or her request

                               p. 25                       SB 5625

_1  for reconsideration. The administrator and the board or the

_2  superintendent of public instruction may invite their respective

_3  legal counsel to be present and to participate at the meeting.  The

_4  board shall notify the administrator in writing of its, or as

_5  appropriate of the commission's, final decision within ten days

_6  following its meeting with the administrator.  No appeal to the

_7  courts shall lie from the final decision of the board of directors

_8  or commission to transfer an administrator to a subordinate

_9  certificated position:  PROVIDED, That in the case of principals,

10  except for any principal transferred pursuant to section 5 or 7 of

11  this act, such transfer shall be made at the expiration of the

12  contract year and only during the first three consecutive school

13  years of employment as a principal by a school district; except

14  that if any such principal has been previously employed as a

15  principal by another school district in the state of Washington

16  for three or more consecutive school years the provisions of this

17  section shall apply only to the first full school year of such

18  employment.

19      This section applies to any person employed as an administrator

20  by a school district on June 25, 1976 and to all persons so

21  employed at any time thereafter.  This section and section 5 or 7 of

22  this act provide((s)) the exclusive means for transferring an

23  administrator to a subordinate certificated position at the

24  expiration of the term of his or her employment contract.

     

25      Sec. 17.  RCW 28A.150.020 and 1969 ex.s. c 223 s 28A.01.060 are each

26  amended to read as follows:

27      "Common schools" means schools maintained at public expense in

28  each school district or under alternative arrangements for public

29  governance or administration pursuant to section 7 of this act and

30  carrying on a program from kindergarten through the twelfth grade

31  or any part thereof including vocational educational courses

32  otherwise permitted by law.

     

33     Sec. 18.  RCW 28A.320.010 and 1969 ex.s. c 223 s 28A.58.010 are

34  each amended to read as follows:

35      A school district shall constitute a body corporate and shall

36  possess all the usual powers of a public corporation except as may

SB 5625                        p. 26

_1  be provided pursuant to section 3, 5, or 7 of this act, and in

_2  that name and style may sue and be sued and transact all business

_3  necessary for maintaining school and protecting the rights of the

_4  district, and enter into such obligations as are authorized

_5  therefor by law.

     

_6      Sec. 19.  RCW 28A.320.015 and 1992 c 141 s 301 are each amended to

_7  read as follows:

_8      (1) Except as provided in section 3, 5, or 7 of this act, the

_9  board of directors of each school district may exercise the

10  following:

11      (a) The broad discretionary power to determine and adopt

12  written policies not in conflict with other law that provide for

13  the development and implementa­tion of programs, activities,

14  services, or practices that the board determines will:

15      (i) Promote the education of kindergarten through twelfth grade

16  students in the public schools; or

17      (ii) Promote the effective, efficient, or safe management and

18  operation of the school district;

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

20      (c) Such powers as are necessarily or fairly implied in the

21  powers expressly authorized by law.

22      (2) Before adopting a policy under subsection (1)(a) of this

23  section, the school district board of directors shall comply with

24  the notice requirements of the open public meetings act, chapter

25  42.30 RCW, and shall in addition include in that notice a

26  statement that sets forth or reasonably describes the proposed

27  policy.  The board of directors shall provide a reasonable

28  opportunity for public written and oral comment and consideration

29  of the comment by the board of directors.

     

30      Sec. 20.  RCW 28A.320.035 and 1997 c 267 s 1 are each amended to

31  read as follows:

32      (1) The board of directors of a school district may contract

33  with other school districts, educational service districts, public

34  or private organizations, agencies, schools, or individuals to

35  implement the board's powers and duties provided that such

36  contracts are consistent with any provisions which may be

                               p. 27                       SB 5625

_1  implemented pursuant to section 7 of this act.  The board of

_2  directors of a school district may contract for goods and

_3  services, including but not limited to contracts for goods and

_4  services as specifically authorized in statute or rule, as well as

_5  other educational, instructional, and specialized services.  When a

_6  school district board of directors contracts for educational,

_7  instructional, or specialized services, the purpose of the

_8  contract must be to improve student learning or achievement.

_9      (2) A contract under subsection (1) of this section may not be

10  made with a religious or sectarian organization or school where

11  the contract would violate the state or federal Constitution.

     

12     Sec. 21.  RCW 28A.315.005 and 1999 c 315 s 1 are each amended to

13  read as follows:

14      (1) Under the constitutional framework and the laws of the

15  state of Washington, the governance structure for the state's

16  public common school system is comprised of the following bodies:

17  The legislature, the governor, the superintendent of public

18  instruction, the state board of education, the academic

19  achievement and accountability commission, the educational service

20  district boards of directors, and local school district boards of

21  directors.  The respective policy and administrative roles of each

22  body are determined by the state Constitution and statutes.

23      (2) Local school districts are political subdivisions of the

24  state and the organization of such districts, including the

25  powers, duties, and boundaries thereof, may be altered or

26  abolished by laws of the state of Washington or by the

27  superintendent of public instruction at the request of the

28  academic achievement and accountability commission pursuant to

29  section 7 of this act and RCW 28A.655.030 and 28A.300.040, except

30  that the superintendent of public instruction and the academic

31  achievement and accountability commission shall not be authorized

32  to alter school district boundaries.

     

33      Sec. 22.  RCW 28A.315.015 and 1999 c 315 s 101 are each amended to

34  read as follows:

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

SB 5625                        p. 28

 

_1      (a) Incorporate into a single, comprehensive, school district

_2  organization law all essential provisions governing:

_3      (i) The formation and establishment of new school districts;

_4      (ii) The alteration of the boundaries of existing districts;

_5  and

_6      (iii) The adjustment of the assets and liabilities of school

_7  districts when changes are made under this chapter; and

_8      (b) Establish methods and procedures whereby changes in the

_9  school district system may be brought about by the people

10  concerned and affected.

11      (2) It is the state's policy that decisions on proposed changes

12  in school district organization should be made, whenever possible,

13  by negotiated agreement between the affected school districts.  If

14  the districts cannot agree, the decision shall be made by the

15  regional committees on school district organization, based on the

16  committees' best judgment, taking into consideration the following

17  factors and factors under RCW 28A.315.205:

18      (a) A balance of local petition requests and the needs of the

19  statewide community at large in a manner that advances the best

20  interest of public education in the affected school districts and

21  communities, the educational service district, and the state;

22      (b) Responsibly serving all of the affected citizens and

23  students by contributing to logical service boundaries and

24  recognizing a changing economic pattern within the educational

25  service districts of the state;

26      (c) Enhancing the educational opportunities of pupils in the

27  territory by reducing existing disparities among the affected

28  school districts' ability to provide operating and capital funds

29  through an equitable adjustment of the assets and liabilities of

30  the affected districts;

31      (d) Promoting a wiser use of public funds through improvement

32  in the school district system of the educational service districts

33  and the state; and

34      (e) Other criteria or considerations as may be established in

35  rule by the state board of education.

36      (3) It is neither the intent nor purpose of this chapter to

37  apply to organizational changes and the procedure therefor

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_1  relating to capital fund aid by nonhigh school districts as

_2  provided for in chapter 28A.540 RCW.

_3      (4) This chapter is not intended to apply in any way to the

_4  provisions implemented pursuant to section 5 or 7 of this act.

     

_5      Sec. 23.  RCW 28A.315.025 and 1990 c 33 s 293 are each amended to

_6  read as follows:

_7      As used in this chapter:

_8      (1) "Change in the organization and extent of school districts"

_9  means the formation and establishment of new school districts, the

10  dissolution of existing school districts, the alteration of the

11  boundaries of existing school districts, or all of them.  "Change"

12  does not include any change implemented pursuant to section 7 of

13  this act.

14      (2) "Regional committee" means the regional committee on school

15  district organization created by this chapter.

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

17      (4) "School district" means the territory under the

18  jurisdiction of a single governing board designated and referred

19  to as the board of directors.

20      (5) "Educational service district superintendent" means the

21  educational service district superintendent as provided for in RCW

22  28A.310.170 or his or her designee.

     

23      Sec. 24.  RCW 28A.225.210 and 1990 c 33 s 235 are each amended to

24  read as follows:

25      Every school district shall admit on a tuition free basis all

26  persons of school age who reside within this state, and do not

27  reside within another school district carrying the grades for

28  which they are eligible to enroll:  PROVIDED, That nothing in this

29  section shall be construed as affecting RCW 28A.225.220 ((or)),

30  28A.225.250, or section 5 or 7 of this act.

     

31     Sec. 25.  RCW 28A.225.220 and 1995 c 335 s 602 and 1995 c 52 s 2

32  are each reenacted and amended to read as follows:

33      (1) Any board of directors may make agreements with adults

34  choosing to attend school, and may charge the adults reasonable

35  tuition.

SB 5625                        p. 30

 

_1      (2) A district is strongly encouraged to honor the request of a

_2  parent or guardian for his or her child to attend a school in

_3  another district or the request of a parent or guardian for his or

_4  her child to transfer as a student receiving home-based

_5  instruction.

_6      (3) A district shall release a student to a nonresident

_7  district that agrees to accept the student if:

_8      (a) A financial, educational, safety, or health condition

_9  affecting the student would likely be reasonably improved as a

10  result of the transfer; ((or))

11      (b) Attendance at the school in the nonresident district is

12  more accessible to the parent's place of work or to the location

13  of child care; ((or))

14      (c) The student transfer is authorized pursuant to section 7 of

15  this act; or

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

17      (4) A district may deny the request of a resident student to

18  transfer to a nonresident district if the release of the student

19  would adversely affect the district's existing desegregation

20  plan.  However, a district may not deny such a request for transfer

21  if the student is authorized to transfer to a nonresident district

22  pursuant to section 7 of this act.

23      (5) For the purpose of helping a district assess the quality of

24  its education program, a resident school district may request an

25  optional exit interview or questionnaire with the parents or

26  guardians of a child transferring to another district.  No parent or

27  guardian may be forced to attend such an interview or complete the

28  questionnaire.

29      (6) Beginning with the 1993-94 school year, school districts

30  may not charge transfer fees or tuition for nonresident students

31  enrolled under subsection (3) of this section and RCW

32  28A.225.225.  Reimbursement of a high school district for cost of

33  educating high school pupils of a nonhigh school district shall

34  not be deemed a transfer fee as affecting the apportionment of

35  current state school funds.

     

36      Sec. 26.  RCW 28A.225.270 and 1990 1st ex.s. c 9 s 205 are each

37  amended to read as follows:

 

                               p. 31                       SB 5625

_1      Each school district in the state shall adopt and implement a

_2  policy allowing intradistrict enrollment options no later than

_3  June 30, 1990.  Each district shall establish its own policy

_4  establishing standards on how the intradistrict enrollment options

_5  will be implemented.  However, in the event that a conflict exists

_6  between the school district policy and actions required under this

_7  act by the academic achievement and accountability commission and

_8  the superintendent of public instruction under sections 4, 5, and

_9  7 of this act, such actions shall supercede the applicable school

10  district policy.

     

11      NEW SECTION.  Sec. 27.  A new section is added to chapter 41.56

12  RCW to read as follows:

13      Any contract or agreement entered into by a school district

14  after the effective date of this act that is in conflict with the

15  effective implementation of any decision or action authorized

16  under this act is null and void with respect to the particular

17  provision of the contract or agreement that is in conflict with

18  this act.

     

19      NEW SECTION.  Sec. 28.  A new section is added to chapter 41.59

20  RCW to read as follows:

21      Any contract or agreement entered into by a school district

22  after the effective date of this act that is in conflict with the

23  effective implementation of any decision or action authorized

24  under this act is null and void with respect to the particular

25  provision of the contract or agreement that is in conflict with

26  this act.

     

27      Sec. 29.  RCW 41.59.910 and 1975 1st ex.s. c 288 s 19 are each

28  amended to read as follows:

29      This chapter shall supersede existing statutes not expressly

30  repealed to the extent that there is a conflict between a

31  provision of this chapter and those other statutes.  However, in the

32  event that a conflict exists between this chapter and this act,

33  this act shall supercede this chapter.  Except as otherwise

34  expressly provided herein, nothing in this chapter shall be

35  construed to annul, modify or preclude the renewal or continuation

SB 5625                        p. 32

_1  of any lawful agreement entered into prior to January 1, 1976

_2  between an employer and an employee organization covering wages,

_3  hours, and terms and conditions of employment.  Where there is a

_4  conflict between any collective bargaining agreement and any

_5  resolution, rule, policy or regulation of the employer or its

_6  agents, the terms of the collective bargaining agreement shall

_7  prevail.

     

_8      NEW SECTION.  Sec. 30.  RCW 28A.655.035 (Accountability policies‑-

_9  Recommendations) and 1999 c 388 s 103 are each repealed.

     

10      NEW SECTION.  Sec. 31.  RCW 28A.655.050 (Reading goals‑-Mathematics

11  goals) and 1999 c 388 s 201 & 1998 c 319 s 101 are each repealed.

     

12     NEW SECTION.  Sec. 32.  Section 31 of this act takes effect

13  September 1, 2001.

 

‑‑‑ END ‑‑‑

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