S-4017.3 _______________________________________________
SUBSTITUTE SENATE BILL 6243
_______________________________________________
State of Washington 57th Legislature 2002 Regular Session
By Senate Committee on Education (originally sponsored by Senators McAuliffe, Eide, Carlson, Kastama, Rasmussen and Kohl‑Welles)
READ FIRST TIME 02/07/2002.
AN ACT Relating to efficiencies in the current state-level governance structure of the K-12 public school system in Washington state; amending RCW 28A.305.010, 28A.305.040, 28A.305.080, 28A.305.090, 28A.655.010, 28A.655.030, 28A.655.070, 28A.300.130, and 28A.505.210; creating a new section; repealing RCW 28A.655.020; and providing an effective date.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
Sec. 1. RCW 28A.305.010 and 1992 c 56 s 1 are each amended to read as follows:
(1) The state board of education shall be comprised of one member from each congressional district of the state, not including any congressional district at large, elected by the members of the boards of directors of school districts thereof, as hereinafter in this chapter provided, four members appointed by the governor with the consent of the senate, the superintendent of public instruction, and one member elected at large, as provided in this chapter, by the members of the boards of directors of all private schools in the state meeting the requirements of RCW 28A.195.010. The member representing private schools shall not vote on matters affecting public schools. If there is a dispute about whether or not an issue directly affects public schools, the dispute shall be settled by a majority vote of the other members of the board.
(2) Each major caucus of the senate and of the house of representatives shall submit a list of three names from which the governor shall make appointments. The governor shall select a member from each list provided by each caucus. The governor is encouraged to appoint members who are supportive of educational improvement, who have a positive record of service, and who will devote sufficient time to the responsibilities of the board to ensure that the objectives of the board are achieved. The appointees shall include educators, business leaders, and parents, but may not be legislators.
Sec. 2. RCW 28A.305.040 and 1990 c 33 s 260 are each amended to read as follows:
(1) Candidates for membership on the state board of education shall file declarations of candidacy with the superintendent of public instruction on forms prepared by the superintendent. Declarations of candidacy may be filed by person or by mail not earlier than the first day of September, or later than the sixteenth day of September. The superintendent of public instruction may not accept any declaration of candidacy that is not on file in the superintendent's office or is not postmarked before the seventeenth day of September, or if not postmarked or the postmark is not legible, if received by mail after the twenty-first day of September. No person employed in any school, college, university, or other educational institution or any educational service district superintendent's office or in the office of superintendent of public instruction shall be eligible for membership on the state board of education, whether elected or appointed, and each member elected who is not representative of the private schools in this state and thus not running-at-large must be a resident of the congressional district from which he or she was elected. No member of a board of directors of a local school district or private school shall continue to serve in that capacity after having been elected or appointed to the state board.
(2) The prohibitions against membership upon the board of directors of a school district or school and against employment, as well as the residence requirement, established by this section, are conditions to the eligibility of state board members to serve as such which apply throughout the terms for which they have been elected or appointed. Any state board member who hereafter fails to meet one or more of the conditions to eligibility shall be deemed to have immediately forfeited his or her membership upon the board for the balance of his or her term: PROVIDED, That such a forfeiture of office shall not affect the validity of board actions taken prior to the date of notification to the board during an open public meeting of the violation.
Sec. 3. RCW 28A.305.080 and 1992 c 56 s 2 are each amended to read as follows:
(1) The term of office of each elected member of the state board of education shall begin on the second Monday in January next following the election at which he or she was elected, and he or she shall hold office for the term for which he or she was elected and until his or her successor is elected and qualified. Except as otherwise provided in RCW 28A.305.030, each elected member of the state board of education shall be elected for a term of four years.
(2) Except for initial members, the term of office of each appointed member of the state board of education shall be four years and until his or her successor is appointed and qualified. Members shall be reappointed in the same manner as original appointments. Terms of initial appointed members shall be staggered such that two members are appointed to two-year terms and two members are appointed to four-year terms. For initial appointments, the governor is encouraged to appoint persons who served with distinction on the academic achievement and accountability commission.
Sec. 4. RCW 28A.305.090 and 1990 c 33 s 264 are each amended to read as follows:
(1) Except as provided in subsection (2) of this section, whenever there shall be a vacancy upon the state board of education, from any cause whatever, it shall be the duty of the remaining members of the board to fill such vacancy by appointment, and the person so appointed shall continue in office until his or her successor has been specially elected, as hereinafter in this section provided, and has qualified. Whenever a vacancy occurs, the superintendent of public instruction shall call, in the month of August next following the date of the occurrence of such vacancy, a special election to be held in the same manner as other elections provided for in this chapter, at which election a successor shall be elected to hold office for the unexpired term of the member whose office was vacated.
(2) Vacancies in appointed board positions shall be filled by appointment by the governor with the consent of the senate. The person so appointed shall fill the position for the unexpired term of the member whose position was vacated.
Sec. 5. RCW 28A.655.010 and 1993 c 336 s 201 are each amended to read as follows:
Unless the context
clearly requires otherwise, the definitions in this section apply throughout
RCW ((28A.630.885)) 28A.655.060 and 28A.300.130.
(1) (("Commission"
means the commission on student learning created in RCW 28A.630.885.
(2))) "Student learning goals" ((mean[s]))
means the goals established in RCW 28A.150.210.
(((3))) (2)
"Essential academic learning requirements" means more specific
academic and technical skills and knowledge, based on the student learning
goals, as determined under RCW ((28A.630.885)) 28A.655.060(3)(a).
Essential academic learning requirements shall not limit the instructional
strategies used by schools or school districts or require the use of specific
curriculum.
(((4))) (3)
"Performance standards" or "standards" means the criteria
used to determine if a student has successfully learned the specific knowledge
or skill being assessed as determined under RCW ((28A.630.885)) 28A.655.060(3)(b).
The standards should be set at internationally competitive levels.
(((5))) (4)
"Assessment system" or "student assessment system" means a
series of assessments used to determine if students have successfully learned
the essential academic learning requirements. The assessment system shall be
developed under RCW ((28A.630.885)) 28A.655.060(3)(b).
(((6))) (5)
"Performance-based education system" means an education system in
which a significantly greater emphasis is placed on how well students are
learning, and significantly less emphasis is placed on state-level laws and
rules that dictate how instruction is to be provided. The performance-based
education system does not require that schools use an outcome-based
instructional model. Decisions regarding how instruction is provided are to be
made, to the greatest extent possible, by schools and school districts, not by
the state.
Sec. 6. 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)) superintendent of public instruction shall:
(((a))) (1)
Adopt and revise performance improvement goals in reading, writing, science,
and mathematics by subject and grade level as the ((commission)) superintendent
of public instruction 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)) superintendent
of public instruction may also revise any goal adopted in RCW 28A.655.050.
The ((commission)) superintendent of public instruction shall
adopt the goals by rule. However, before each goal is implemented, the ((commission))
superintendent of public instruction 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))) (2)
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))
superintendent of public instruction 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))) (3)
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. When
determining the baseline year or years for recognizing individual schools, the
superintendent of public instruction may use the assessment results from the
initial years the assessments were administered, if doing so with individual
schools would be appropriate. Recognition for improvements in student
achievement shall include consideration of one or more of the following
accomplishments:
(((i))) (a)
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))
superintendent of public instruction under (((a) of this))
subsection (1) of this section;
(((ii))) (b)
Positive progress on an improvement index that measures improvement in all
levels of the assessment; and
(((iii))) (c)
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))) (4)
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. In its deliberations, the ((commission))
superintendent of public instruction shall consider the use of all
statewide mandated criterion-referenced and norm-referenced standardized tests;
(((e))) (5)
Identify schools and school districts in which state intervention measures will
be needed and a range of appropriate intervention strategies((, beginning no
earlier than June 30, 2001, and)) after the legislature has authorized a
set of intervention strategies. ((Beginning no earlier than June 30, 2001,
and)) After the legislature has authorized a set of intervention
strategies, ((at the request of the commission,)) the superintendent of
public instruction 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;
(((f))) (6)
Identify performance incentive systems that have improved or have the potential
to improve student achievement;
(((g))) (7)
Annually review the assessment reporting system to ensure fairness, accuracy,
timeliness, and equity of opportunity, especially with regard to schools with
special circumstances and unique populations of students((, and a
recommendation to the superintendent of public instruction of any improvements
needed to the system));
(((h))) (8)
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)) under
this section. The report may include recommendations of actions to help improve
student achievement;
(((i))) (9)
Annually 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)) superintendent of public instruction;
(((j))) (10)
Coordinate its activities with the state board of education ((and the office
of the superintendent of public instruction)); and
(((k))) (11)
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;
(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)) regarding the duties under this section.
Sec. 7. RCW 28A.655.070 and 1999 c 388 s 501 are each amended to read as follows:
(1) The superintendent
of public instruction shall identify the knowledge and skills all public school
students need to know and be able to do based on the student learning goals in
RCW 28A.150.210((, develop student assessments, and implement the
accountability recommendations and requests regarding assistance, rewards, and
recognition of the academic achievement and accountability commission)).
(2) The superintendent of public instruction shall periodically revise the essential academic learning requirements, as needed, based on the student learning goals in RCW 28A.150.210. Goals one and two shall be considered primary. To the maximum extent possible, the superintendent shall integrate goal four and the knowledge and skill areas in the other goals in the essential academic learning requirements.
(3) ((In
consultation with the academic achievement and accountability commission,))
The superintendent of public instruction shall maintain and continue to
develop and revise a statewide academic assessment system for use in the
elementary, middle, and high school years designed to determine if each student
has mastered the essential academic learning requirements identified in subsection
(1) of this section. The academic assessment system shall include a variety of
assessment methods, including criterion-referenced and performance-based
measures.
(4) The assessment system shall be designed so that the results under the assessment system are used by educators as tools to evaluate instructional practices, and to initiate appropriate educational support for students who have not mastered the essential academic learning requirements at the appropriate periods in the student's educational development.
(5) To the maximum extent possible, the superintendent shall integrate knowledge and skill areas in development of the assessments.
(6) Assessments for goals three and four of RCW 28A.150.210 shall be integrated in the essential academic learning requirements and assessments for goals one and two.
(7) The superintendent shall develop assessments that are directly related to the essential academic learning requirements, and are not biased toward persons with different learning styles, racial or ethnic backgrounds, or on the basis of gender.
(8) The superintendent shall consider methods to address the unique needs of special education students when developing the assessments under this section.
(9) The superintendent shall consider methods to address the unique needs of highly capable students when developing the assessments under this section.
Sec. 8. RCW 28A.300.130 and 1999 c 388 s 401 are each amended to read as follows:
(1) Expanding activity
in educational research, educational restructuring, and educational improvement
initiatives has produced and continues to produce much valuable information.
The legislature finds that such information should be shared with the citizens
and educational community of the state as widely as possible. To facilitate
access to information and materials on educational improvement and research,
the superintendent of public instruction, to the extent funds are appropriated,
shall establish the center for the improvement of student learning. The
primary purpose of the center is to provide assistance and advice to parents,
school board members, educators, and the public regarding strategies for
assisting students in learning the essential academic learning requirements
pursuant to RCW ((28A.630.885)) 28A.655.060. The center shall
work in conjunction with ((the academic achievement and accountability
commission,)) educational service districts, institutions of higher
education, and education, parent, community, and business organizations.
(2) The center, in conjunction with other staff in the office of the superintendent of public instruction, shall:
(a) Serve as a
clearinghouse for the completed work and activities ((of the academic
achievement and accountability commission)) under chapter 28A.655 RCW;
(b) Serve as a clearinghouse for information regarding successful educational improvement and parental involvement programs in schools and districts, and information about efforts within institutions of higher education in the state to support educational improvement initiatives in Washington schools and districts;
(c) Provide best practices research and advice that can be used to help schools develop and implement: Programs and practices to improve instruction of the essential academic learning requirements under section 701 of this act; systems to analyze student assessment data, with an emphasis on systems that will combine the use of state and local data to monitor the academic progress of each and every student in the school district; comprehensive, school-wide improvement plans; school-based shared decision-making models; programs to promote lifelong learning and community involvement in education; school-to-work transition programs; programs to meet the needs of highly capable students; programs and practices to meet the diverse needs of students based on gender, racial, ethnic, economic, and special needs status; research, information, and technology systems; and other programs and practices that will assist educators in helping students learn the essential academic learning requirements;
(d) Develop and
distribute((, in conjunction with the academic achievement and accountability
commission,)) parental involvement materials, including instructional
guides developed to inform parents of the essential academic learning
requirements. The instructional guides also shall contain actions parents may
take to assist their children in meeting the requirements, and should focus on
reaching parents who have not previously been involved with their children's
education;
(e) Identify obstacles to greater parent and community involvement in school shared decision-making processes and recommend strategies for helping parents and community members to participate effectively in school shared decision-making processes, including understanding and respecting the roles of school building administrators and staff;
(f) Develop and maintain an internet web site to increase the availability of information, research, and other materials;
(g) Take other actions to increase public awareness of the importance of parental and community involvement in education;
(h) Work with appropriate organizations to inform teachers, district and school administrators, and school directors about the waivers available and the broadened school board powers under RCW 28A.320.015;
(i) Provide training and consultation services, including conducting regional summer institutes;
(j) Address methods for improving the success rates of certain ethnic and racial student groups; and
(k) Perform other functions consistent with the purpose of the center as prescribed in subsection (1) of this section.
(3) The superintendent
of public instruction((, after consultation with the academic achievement
and accountability commission,)) shall select and employ a director for the
center.
(4) The superintendent may enter into contracts with individuals or organizations including but not limited to: School districts; educational service districts; educational organizations; teachers; higher education faculty; institutions of higher education; state agencies; business or community-based organizations; and other individuals and organizations to accomplish the duties and responsibilities of the center. In carrying out the duties and responsibilities of the center, the superintendent, whenever possible, shall use practitioners to assist agency staff as well as assist educators and others in schools and districts.
Sec. 9. RCW 28A.505.210 and 2001 c 3 s 3 (Initiative Measure No. 728) are each amended to read as follows:
School districts shall have the authority to decide the best use of student achievement funds to assist students in meeting and exceeding the new, higher academic standards in each district consistent with the provisions of chapter 3, Laws of 2001.
(1) Student achievement funds shall be allocated for the following uses:
(a) To reduce class size by hiring certificated elementary classroom teachers in grades K-4 and paying nonemployee-related costs associated with those new teachers;
(b) To make selected reductions in class size in grades 5-12, such as small high school writing classes;
(c) To provide extended learning opportunities to improve student academic achievement in grades K-12, including, but not limited to, extended school year, extended school day, before-and-after-school programs, special tutoring programs, weekend school programs, summer school, and all-day kindergarten;
(d) To provide additional professional development for educators, including additional paid time for curriculum and lesson redesign and alignment, training to ensure that instruction is aligned with state standards and student needs, reimbursement for higher education costs related to enhancing teaching skills and knowledge, and mentoring programs to match teachers with skilled, master teachers. The funding shall not be used for salary increases or additional compensation for existing teaching duties, but may be used for extended year and extended day teaching contracts;
(e) To provide early assistance for children who need prekindergarten support in order to be successful in school;
(f) To provide improvements or additions to school building facilities which are directly related to the class size reductions and extended learning opportunities under (a) through (c) of this subsection.
(2) Annually on or
before May 1st, the school district board of directors shall meet at the time
and place designated for the purpose of a public hearing on the proposed use of
these funds to improve student achievement for the coming year. Any person may
appear or by written submission have the opportunity to comment on the proposed
plan for the use of these funds. No later than August 31st, as a part of the
process under RCW 28A.505.060, each school district shall adopt a plan for the
use of these funds for the upcoming school year. Annually, each school district
shall provide to the citizens of their district a public accounting of the
funds made available to the district during the previous school year under
chapter 3, Laws of 2001, how the funds were used, and the progress the district
has made in increasing student achievement, as measured by required state
assessments and other assessments deemed appropriate by the district. Copies
of this report shall be provided to the superintendent of public instruction ((and
to the academic achievement and accountability commission)).
NEW SECTION. Sec. 10. (1) The academic achievement and accountability commission is hereby abolished and its powers, duties, and functions are hereby transferred to the office of the superintendent of public instruction. All references to the academic achievement and accountability commission in the Revised Code of Washington shall be construed to mean the superintendent of public instruction or the office of the superintendent of public instruction.
(2)(a) All reports, documents, surveys, books, records, files, papers, or written material in the possession of the academic achievement and accountability commission shall be delivered to the custody of the office of the superintendent of public instruction. All cabinets, furniture, office equipment, motor vehicles, and other tangible property employed by the academic achievement and accountability commission shall be made available to the office of the superintendent of public instruction.
(b) All unspent appropriated funds made to the academic achievement and accountability commission existing on the effective date of this section shall lapse.
(c) If any question arises as to the transfer of any funds, books, documents, records, papers, files, equipment, or other tangible property used or held in the exercise of the powers and the performance of the duties and functions transferred, the director of financial management shall make a determination as to the proper allocation and certify the same to the state agencies concerned.
(3) The transfer of the powers, duties, and functions of the academic achievement and accountability commission shall not affect the validity of any act performed before the effective date of this section.
(4) If apportionments of budgeted funds are required because of the transfers directed by this section, the director of financial management shall certify the apportionments to the agencies affected, the state auditor, and the state treasurer. Each of these shall make the appropriate transfer and adjustments in funds and appropriation accounts and equipment records in accordance with the certification.
NEW SECTION. Sec. 11. RCW 28A.655.020 (Academic achievement and accountability commission) and 1999 c 388 s 101 are each repealed.
NEW SECTION. Sec. 12. This act takes effect July 1, 2003.
NEW SECTION. Sec. 13. If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected.
--- END ---