3127 AMH TALC REAM 084
HB 3127 - H AMD 777
By Representative Talcott
Strike everything after the enacting clause and insert the following:
"NEW SECTION. Sec. 1. The legislature finds that 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. The legislature
further finds that students and schools benefit from increased
parental, guardian, and community knowledge of and input regarding
the delivery of public education. The legislature further finds
that increased knowledge of and input regarding the public
education system is particularly needed in low-income and ethnic
minority communities.
The legislature finds that the center for the improvement of
student learning, created by the legislature in 1993 under the
auspices of the superintendent of public instruction, has not been
allocated funding since the 2001-2003 biennium, and in effect no
longer exists. It is the intent of the legislature to reactivate
the center for the improvement of student learning, and to create
within the center an educational ombudsman to serve as a resource
center for parents and students and as an advocate for students in
the public education system.
Sec. 2. 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)). The center shall work
in conjunction with ((the academic achievement and accountability
commission)) parents, educational service districts, institutions
of higher education, and ((education)) educational, 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))Administer the education ombudsman program established
by section 3 of this act;
(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 required by
the superintendent of public instruction. 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))education advisory committee created in section 9 of
this act, 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. However,
the superintendent may not contract with any school, school
district, or current employee of any school or school district to
provide ombudsman services. 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.
NEW SECTION. Sec. 3. There is created within the center for the
improvement of student learning the office of the education
ombudsman for the purpose of providing information to school
districts, school administrators, teachers, parents, students, and
others regarding their rights and responsibilities with respect to
the state's public elementary and secondary education system,
monitoring and ensuring compliance with administrative acts,
statutes, and policies relating to public elementary and secondary
education, and advocating on behalf of elementary and secondary
students. The education ombudsman shall be appointed by the
superintendent of public instruction and shall report to the
superintendent of public instruction and the director of the center
for the improvement of student learning.
NEW SECTION. Sec. 4. (1) The education ombudsman shall have the
following powers and duties:
(a) To provide information to students, parents, school
districts, school administrators, teachers, and interested members
of the public regarding this state's public elementary and
secondary education system;
(b) To investigate, upon the education ombudsman's initiative
or upon receipt of a complaint, an administrative act alleged to be
contrary to law, rule, or policy; however, the education ombudsman
may decline to investigate any complaint;
(c) To refer complainants and others to appropriate resources,
agencies, or departments;
(d) To assist in the resolution of complaints made by parents
and students with regard to the state's public elementary and
secondary education system; and
(e) To carry out such other activities as the superintendent of
public instruction or the director of the center for the
improvement of student learning deems appropriate.
(2) To perform all duties in this section, the education
ombudsman shall partner and contract with one or more state
nonprofit organizations that serve as representatives of parents.
NEW SECTION. Sec. 5. (1) The education ombudsman and any
regional education ombudsmen shall have training or experience or
both in the following areas:
(a) Public education law and policy in this state; and
(b) Dispute resolution or problem resolution techniques,
including investigation, mediation, and negotiation.
(2) The education ombudsman may not be employed by any school
district, the office of the superintendent of public education or
the state board of education while serving as an education ombudsman.
(3) The superintendent of public instruction may appoint the
director of the center for the improvement of student learning to
also serve as the education ombudsman.
NEW SECTION. Sec. 6. (1) Neither the education ombudsman nor
any regional educational ombudsmen are liable for good faith
performance of responsibilities under this chapter.
(2) No discriminatory, disciplinary, or retaliatory action may
be taken against any student or employee of any school district,
the office of the superintendent of public education, or the state
board of education, for any communication made, or information
given or disclosed, to aid the education ombudsman in carrying out
his or her duties and responsibilities, unless the same was done
without good faith or maliciously. This subsection is not intended
to infringe upon the rights of a school district to supervise,
discipline, or terminate an employee for other reasons or to
discipline a student for other reasons.
(3) All communications by the education ombudsman or the
ombudsman's staff or designee, if reasonably related to the
education ombudsman's duties and responsibilities and done in good
faith, are privileged and that privilege shall serve as a defense
to any action in libel or slander.
NEW SECTION. Sec. 7. The education ombudsman shall treat all
matters under investigation, including the identities of students,
complainants, and individuals from whom information is acquired, as
confidential, except as necessary to enable the education ombudsman
to perform the duties of the office and to support any
recommendations resulting from the investigation. Upon receipt of
information that by law is confidential or privileged, the
ombudsman shall maintain the confidentiality of such information
and shall not further disclose or disseminate the information
except as provided by applicable state or federal law.
Investigative records of the education ombudsman are confidential
and are exempt from public disclosure under chapter 42.56 RCW.
NEW SECTION. Sec. 8. When the education ombudsman or a
designee of the ombudsman has reasonable cause to believe that any
public official, employee, or other person has acted in a manner
warranting criminal or disciplinary proceedings, he or she shall
report the matter, or cause a report to be made, to the appropriate
authorities. For purposes of this section, reasonable cause means
the ombudsman or the ombudsman's staff member or designee has
direct knowledge of the action warranting criminal or disciplinary
proceedings or has determined through an investigation that the
allegations or information provided by another person relating to
such actions are credible.
NEW SECTION. Sec. 9. (1) The superintendent of public
instruction shall establish an education advisory committee
consisting of at least eleven and no more than fifteen members
appointed by the superintendent of public instruction. The
superintendent of public education, or his or her designee, shall
serve as a nonvoting ex officio member of the committee and shall
act as secretary.
(2) At least five members of the committee shall be parents or
guardians of children enrolled in the public elementary or
secondary education system in this state. At least one of these
members shall be a parent or guardian of a "special education
student" as that term is defined by the superintendent of public
instruction. In addition, at least one of these members shall be a
member of the Washington Congress of Parents and Teachers.
(3) At least one member shall be a certificated employee or
administrator in a public elementary or secondary school in this state.
(4) At least one member shall be a commissioner or director, or
a designee selected by a commissioner or director, from each of the
following:
(a) The Washington state commission on Hispanic affairs;
(b) The Washington state commission on African-American
affairs;
(c) The Washington state commission on Asian Pacific American
affairs; and
(d) The governor's office of Indian affairs.
(5) The members of the education advisory committee shall be
representative of the geographic regions of the state, including
eastern and central Washington, as well as representative of the
ethnic diversity of the state.
(6) Members of the committee shall serve at the pleasure of the
superintendent of public instruction for three-year terms. Of the
initial members appointed, two members shall serve one-year terms,
three members shall serve two-year terms, and the remaining members
shall serve three-year terms.
(7) The committee may establish subcommittees as it desires,
and may invite nonmembers to serve on these subcommittees.
(8) Nonlegislative members of the committee shall be reimbursed
for travel expenses under RCW 43.03.050 and 43.03.060.
(9) As used in this section, "parent or guardian" means (a)
natural, adoptive, or foster parents, (b) guardians, (c)
individuals acting in the place of a parent, with whom the child
lives, and who are legally responsible for the child's welfare, and
(d) surrogates acting at the request of a person named in
subsection (4)(a) through (c) of this section.
NEW SECTION. Sec. 10. The education advisory committee shall
advise and make recommendations to the superintendent of public
instruction regarding, but not limited to, the effectiveness of the
center for the improvement of student learning and the education
ombudsman, methods to increase community involvement in public
education, and strategies to improve the educational opportunities
for all students in the state.
Sec. 11 RCW 42.56.240 and 2005 c 274 s 404 are each amended to
read as follows:
The following investigative, law enforcement, and crime victim
information is exempt from public inspection and copying under this
chapter:
(1) Specific intelligence information and specific
investigative records compiled by investigative, law enforcement,
and penology agencies, and state agencies vested with the
responsibility to discipline members of any profession, the
nondisclosure of which is essential to effective law enforcement or
for the protection of any person's right to privacy;
(2) Information revealing the identity of persons who are
witnesses to or victims of crime or who file complaints with
investigative, law enforcement, or penology agencies, other than
the commission, if disclosure would endanger any person's life,
physical safety, or property. If at the time a complaint is filed
the complainant, victim, or witness indicates a desire for
disclosure or nondisclosure, such desire shall govern. However, all
complaints filed with the commission about any elected official or
candidate for public office must be made in writing and signed by
the complainant under oath;
(3) Any records of investigative reports prepared by any state,
county, municipal, or other law enforcement agency pertaining to
sex offenses contained in chapter 9A.44 RCW or sexually violent
offenses as defined in RCW 71.09.020, which have been transferred
to the Washington association of sheriffs and police chiefs for
permanent electronic retention and retrieval pursuant to RCW 40.14.070(2)(b);
(4) License applications under RCW 9.41.070; copies of license
applications or information on the applications may be released to
law enforcement or corrections agencies; ((and))
(5) Information revealing the identity of child victims of
sexual assault who are under age eighteen. Identifying information
means the child victim's name, address, location, photograph, and
in cases in which the child victim is a relative or stepchild of
the alleged perpetrator, identification of the relationship between
the child and the alleged perpetrator; and
(6) Investigative records of the education ombudsman, as
provided in section 7 of this act.
NEW SECTION. Sec. 12. Sections 1 and 3 through 10 of this act
are each added to chapter 28A.300 RCW.
NEW SECTION. Sec. 13. Section 11 of this act takes effect July
1, 2006.
NEW SECTION. Sec. 14. If specific funding for the purposes of this act, referencing this act by bill or chapter number, is not provided by June 30, 2006, in the omnibus appropriations act, this act is null and void."
Correct the title.
EFFECT: Removes all language from the bill. Authority for the center for improvement of student learning (CISL) stays with the office of the superintendent of public instruction, rather than moving to the governor's office. The education ombudsman's office is created within the CISL. The education advisory committee is created to advise the superintendent of public instruction. Adds a "null and void" clause.