3127-S AMH SANT REAM 089

SHB 3127 - H AMD 795

By Representative Santos

WITHDRAWN 2/14/2006

   Strike all language 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.

  NEW SECTION. Sec. 2. (1) To facilitate access to information and materials on educational improvement and research, the state board of education, to the extent funds are appropriated, shall enter into a contract with an entity selected under section 3 of this act to establish and operate 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 center shall work in conjunction with parents, the superintendent of public instruction, educational service districts, institutions of higher education, educational, parent, and community organizations.
  (2) The center shall:
  (a) Administer the education ombudsman program established by section 5 of this act;
  (b) Serve as a clearinghouse for information, which may include developing and maintaining a website, 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; 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 parents, educators, and the public in helping students learn the essential academic learning requirements;
  (d) Develop 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) Take other actions to increase public awareness of the importance of parental and community involvement in education;
  (g) 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;
  (h) Provide training and consultation services;
  (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 selected entity, after consultation with the state board of education, shall select and employ a director for the center. The selected entity shall also employ such other staff as are necessary to fulfill its obligations under its contract with the state board of education.
  (4) The center may enter into contracts with individuals or organizations including but not limited to: Educational organizations; community-based organizations; federally recognized Indian tribes, school districts, educational services districts, and other individuals and organizations to accomplish the duties and responsibilities of the center. However, the center may not contract with any school, school district, or current employee of any school, school district, or the office of the superintendent of public instruction to provide ombudsman services. In carrying out the duties and responsibilities of the center, whenever possible the center shall use practitioners to assist agency staff as well as assist educators and others in schools and districts.

   NEW SECTION. Sec. 3. (1) The state board of education, in consultation with the chairs and ranking minority members of the legislative education committees, shall conduct a request for proposals process and select the entity that will establish and operate the center for improvement of student learning and the education ombudsman's office. Entities eligible to apply for selection are:

   (a) Educational service districts;

   (b) Institutions of higher education;

   (c) Private, non-profit educational organizations;

   (d) Private, non-profit community-based organizations; and

   (d) Federally approved Indian tribes.

   (2) The state board of education shall enter into a contract with the entity selected pursuant to subsection (1) of this section to establish and operate the center for improvement of student learning and the education ombudsman's office. The term of any contract between the state board of education and the entity selected shall not be greater than two years and may be renewed for terms of no longer than two years. Upon receiving notification of selection, the entity selected shall promptly retain a qualified director for the center for improvement of student learning.

      NEW SECTION. Sec. 4. (1) The center for the improvement of student learning account is hereby established in the custody of the state treasurer. The director of the state board of education shall deposit in the account all moneys received from gifts, grants, or endowments for the center for the improvement of student learning. Moneys in the account may be spent only for activities of the center. Disbursements from the account shall be on authorization of the director of the state board of education or the director's designee. The account is subject to the allotment procedure provided under chapter 43.88 RCW, but no appropriation is required for disbursements.
  (2) The director of the state board of education may receive such gifts, grants, and endowments from public or private sources as may be made from time to time, in trust or otherwise, for the use and benefit of the purposes of the center for the improvement of student learning and expend the same or any income therefrom according to the terms of the gifts, grants, or endowments.

   NEW SECTION. Sec. 5. The center for the improvement of student learning shall, through a request for proposals process, select and contract with an entity to serve as an education ombudsman for the purpose of providing information to parents, students, teachers, school districts, school administrators, 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 entity selected to act as the education ombudsman may be a non-profit educational or community-based organization, an institution of higher learning, or a federally approved Indian Tribe. The center for improvement of student learning shall not contract for education ombudsman services with a school, school district, or current employee of a school, school district, or the office of the superintendent of public instruction for the provision of ombudsman services. The education ombudsman shall report to the director of the center for improvement of student learning and to the advisory committee established by section 9 of this act.

   NEW SECTION. Sec. 6. (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 director of the center for the improvement of student learning deems appropriate.
  (2) The education ombudsman may contract with state or local departments, agencies, or nonprofit organizations to provide education ombudsman services throughout the state. The education ombudsman may delegate and certify regional education ombudsmen. The education ombudsman may not contract with a school, school district, or current employee of a school, school district, or the office of the superintendent of public instruction for the provision of ombudsman services.

   NEW SECTION. Sec. 7. (1) The education ombudsman and any regional education ombudsmen shall have training or demonstrated experience or both in the following areas:
  (a) Public education law and policy in this state;
  (b) Dispute resolution or problem resolution techniques, including investigation, mediation, and negotiation; and

   (c) Community outreach.
  (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.

   NEW SECTION. Sec. 8. (1) Neither the education ombudsman nor any regional educational ombudsmen are liable for good faith performance of responsibilities under this chapter.
  (a) 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.
  (b) 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.
   (2) 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.
   (3) 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 governor shall establish an education advisory committee consisting of at least eleven and no more than fifteen members appointed by the governor. The director of the state board of eduction, 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 governor 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 subsections (a) through (c) of this subsection (9).

   NEW SECTION. Sec. 10. (a) The education advisory committee shall advise and make recommendations to the legislature and the state board of education 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.

   (b) The education advisory committee shall provide a preliminary report to the legislature and the state board of education by September 1, 2007. Thereafter, the education advisory committee shall provide biennial reports to the legislature and the state board of education regarding:

   (1) The effectiveness of the center for improvement of student learning;

   (2) How the education ombudsman's services have been used; and

   (3) Ways, if any, that the center for improvement of student learning and the education ombudsman may increase the scope of their services or their community outreach.

   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;
  (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 8 of this act.

   NEW SECTION. Sec. 12. RCW 28A.300.130, 28A.300.135, 28A.300.290, and 28A.300.300 are each repealed.

   NEW SECTION. Sec. 13. Sections 1 through 10 of this act constitute new sections in chapter 28A.310 RCW.

   NEW SECTION. Sec. 14. Section 11 of this act takes effect July 1, 2006."

EFFECT: Removes all language from the bill. Directs the state board of education, in consultation with the chairs and ranking minority members of the legislative education committees, to select an entity to establish and operate the center for improvement of student learning and the education ombudsman's office. The entity selected may be an educational service district, institution of higher education, federally recognized Indian tribe, non-profit educational organization, or a non-profit community-based organization. The governor shall appoint an education advisory committee that will monitor the effectiveness of the center and the ombudsman's office and report biennially to the legislature and the state board of education.