BILL REQ. #:  H-4485.2 

Read first time 01/27/2004.   Referred to Committee on Education.

     AN ACT Relating to education flexibility; adding a new chapter to Title 28A RCW; creating a new section; providing an effective date; and providing an expiration date.

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

NEW SECTION.  Sec. 1   The legislature finds that state laws and rules have burdened schools and school districts and absorbed too much time and funding that should have been devoted to student learning. The legislature intends to give districts the greatest possible flexibility so the districts may focus their efforts on helping children reach the state's academic standards and become well-educated citizens who can make positive contributions to their families and communities.

NEW SECTION.  Sec. 2   Subject to the conditions set forth in this section, if approved by the board of school directors, a school district is exempt from all state statutes and rules applicable to school districts and school district boards of directors. Any board of school directors exercising this authority shall:
     (1) Implement a quality management system and conduct annual self-assessments;
     (2) Comply with state and federal health, safety, parents' rights, civil rights, and nondiscrimination laws, including, but not limited to, the family educational rights and privacy act (20 U.S.C. 1232g), chapter 28A.640 RCW (sexual equality), and Title IX of the education amendments of 1972 (20 U.S.C. Sec. 1681 et seq.) applicable to school districts, and to the same extent as school districts;
     (3) Participate in free and reduced priced meal programs to the same extent as is required for other public schools;
     (4) Participate in nationally normed standardized achievement tests required in RCW 28A.230.190, 28A.230.193, and 28A.230.230 and the elementary, middle school, and high school standards, requirements, and assessment examinations required in chapter 28A.655 RCW;
     (5) Employ certificated instructional staff as required in RCW 28A.410.010, however schools may hire noncertificated instructional staff of unusual competence and in exceptional cases as specified in RCW 28A.150.260;
     (6) Comply with the employee record check requirements in RCW 28A.400.303;
     (7) Be subject to financial examinations and audits as determined by the state auditor, including annual audits for legal and fiscal compliance;
     (8) Be subject to independent performance audits by a qualified contractor selected jointly by the state auditor and the joint legislative audit and review committee beginning at the conclusion of the third year of the school's operation, and at least once every three years thereafter; however, a school is not required to bear the expense of the audits;
     (9) Comply with the annual performance report under RCW 28A.655.110;
     (10) Follow the performance improvement goals and requirements adopted by the academic achievement and accountability commission by rule under RCW 28A.655.030;
     (11) Be subject to the accountability requirements of the federal no child left behind act of 2001, including Title I requirements;
     (12) Comply with and be subject to the requirements under the individuals with disabilities education act, as amended in 1997;
     (13) Comply with and be subject to the requirements under the federal educational rights and privacy act;
     (14) Comply with the open public meetings act in chapter 42.30 RCW and open public records requirements in RCW 42.17.250;
     (15) Be subject to and comply with legislation enacted after the effective date of this section governing the operation and management of schools;
     (16) Conduct annual self assessments of its quality management program;
     (17) Comply with public disclosure requirements and with the reporting requirements in RCW 42.17.240; and
     (18) Comply with the requirements of chapter 28A.200 RCW, the high school options program under chapter 28A.600 RCW, and student choice options under RCW 28A.225.220 through 28A.225.230.

NEW SECTION.  Sec. 3   (1) The legislative ad hoc committee on educational flexibility and local determination is created. The committee shall be composed of four members of the legislature, four principals selected by a statewide organization representing principals, four superintendents selected by a statewide organization representing superintendents, one member of the state board of education, and the superintendent of public instruction or the superintendent's designee. Of the legislative members, two members, one from each major caucus, shall be selected by the speaker of the house of representatives and two members, one from each major caucus, shall be selected by the president of the senate.
     (2) Staff support for the committee shall be provided by senate committee services and the office of program research. Technical and logistical support may be provided by the office of the superintendent of public instruction and the organizations selecting committee members.
     (3) Legislative members of the ad hoc committee shall receive per diem and travel under RCW 44.04.120.
     (4) Travel and other expenses of nonlegislative members of the ad hoc committee shall be provided by the agency, association, or organization that appointed the member.
     (5) The ad hoc committee shall review state laws and rules referred to in section 2 of this act with the goal of simplifying and streamlining the remaining requirements so that public schools:
     (a) Have the flexibility to operate effectively;
     (b) Can spend as much of their funding as possible in the classroom;
     (c) Improve student learning; and
     (d) Are returned to community control. The ad hoc committee shall report to the legislature with its findings and recommendations by November 1, 2005.
     (6) This section expires July 1, 2006.

NEW SECTION.  Sec. 4   Sections 2 and 3 of this act constitute a new chapter in Title 28A RCW.

NEW SECTION.  Sec. 5   Section 2 of this act takes effect September 1, 2004.