BILL REQ. #:  H-3556.1 

Prefiled 1/6/2006. Read first time 01/09/2006.   Referred to Committee on Education.

     AN ACT Relating to waivers authorized by the state board of education regarding length of the school year; amending RCW 28A.305.140 and 28A.655.180; and repealing RCW 28A.305.145.

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

Sec. 1   RCW 28A.305.140 and 1990 c 33 s 267 are each amended to read as follows:
     (1) Except as provided in subsection (2) of this section, the state board of education may grant waivers to school districts from the provisions of RCW 28A.150.200 through 28A.150.220 on the basis that such waiver or waivers are necessary to implement successfully a local plan to provide for all students in the district an effective education system that is designed to enhance the educational program for each student. The local plan may include alternative ways to provide effective educational programs for students who experience difficulty with the regular education program.
     (2) The state board of education shall not grant waivers from the provisions of RCW 28A.150.220(3) requiring one hundred eighty school days per school year. Waivers of RCW 28A.150.220(3) granted before the effective date of this section expire at the end of the 2005-06 school year unless such expiration constitutes an abrogation of a collective bargaining agreement or contract within the school district, in which case the waiver may continue until the expiration date previously approved by the state board.
     (3) The state board shall adopt criteria to evaluate the need for the waiver or waivers.

Sec. 2   RCW 28A.655.180 and 1995 c 208 s 1 are each amended to read as follows:
     (1) The state board of education, where appropriate, or the superintendent of public instruction, where appropriate, may grant waivers to districts from the provisions of statutes or rules relating to((: The length of the school year;)) student-to-teacher ratios((;)) and other administrative rules that in the opinion of the state board of education or the opinion of the superintendent of public instruction may need to be waived in order for a district to implement a plan for restructuring its educational program or the educational program of individual schools within the district.
     (2) School districts may use the application process in RCW 28A.305.140 ((or 28A.300.138)) to apply for the waivers under ((subsection (1) of)) this section.
     (((3) The joint select committee on education restructuring shall study which waivers of state laws or rules are necessary for school districts to implement education restructuring. The committee shall study whether the waivers are used to implement specific essential academic learning requirements and student learning goals. The committee shall study the availability of waivers under the schools for the twenty-first century program created by chapter 525, Laws of 1987, and the use of those waivers by schools participating in that program. The committee shall also study the use of waivers authorized under RCW 28A.305.140. The committee shall report its findings to the legislature by December 1, 1997.))

NEW SECTION.  Sec. 3   RCW 28A.305.145 (Application process for waivers under RCW 28A.305.140) and 1993 c 336 s 302 are each repealed.