BILL REQ. #:  H-4145.1 

Read first time 01/20/2006.   Referred to Committee on Education.

     AN ACT Relating to education; amending RCW 28A.300.130, 28A.300.135, and 42.56.240; adding a new chapter to Title 43 RCW; creating a new section; recodifying RCW 28A.300.130, 28A.300.135, 28A.300.290, and 28A.300.300; and providing an effective date.

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

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 reassign the authority and duties of the center for the improvement of student learning from the superintendent of public instruction to the governor, 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)) governor, 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, the superintendent of public instruction, 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 4 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)) governor, after consultation with the ((academic achievement and accountability commission)) education advisory committee created in section 10 of this act, shall select and employ a director for the center.
     (4) The ((superintendent)) center 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 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, the ((superintendent)) center, whenever possible, shall use practitioners to assist agency staff as well as assist educators and others in schools and districts.

Sec. 3   RCW 28A.300.135 and 1993 c 336 s 502 are each amended to read as follows:
     (1) The center for the improvement of student learning account is hereby established in the custody of the state treasurer. The ((superintendent of public instruction)) governor 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 ((superintendent of public instruction)) governor or the ((superintendent's)) governor'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 ((superintendent of public instruction)) governor 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. 4   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 governor and shall report to the governor and the director of the center for the improvement of student learning.

NEW SECTION.  Sec. 5   (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 governor or 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. 6   (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 governor may appoint the director of the center for the improvement of student learning to also serve as the education ombudsman.

NEW SECTION.  Sec. 7   (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. 8   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. 9   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. 10   (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 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 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 subsection (4)(a) through (c) of this section.

NEW SECTION.  Sec. 11   The education advisory committee shall advise and make recommendations to the governor 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. 12   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 8 of this act.

NEW SECTION.  Sec. 13   (1) All powers, duties, and functions of the office of the superintendent of public instruction pertaining to the center for the improvement of student learning are transferred to the office of the governor.
     (2)(a) All reports, documents, surveys, books, records, files, papers, or written material in the possession of the office of the superintendent of public instruction pertaining to the powers, functions, and duties transferred shall be delivered to the custody of the office of the governor. All cabinets, furniture, office equipment, motor vehicles, and other tangible property employed by the office of the superintendent of public instruction in carrying out the powers, functions, and duties transferred shall be made available to the office of the governor. All funds, credits, or other assets held in connection with the powers, functions, and duties transferred shall be assigned to the office of the governor.
     (b) Any appropriations made to the office of the superintendent of public instruction for carrying out the powers, functions, and duties transferred shall, on the effective date of this section, be transferred and credited to the office of the governor.
     (c) Whenever any question arises as to the transfer of any personnel, 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) All rules and all pending business before the office of the superintendent of public instruction pertaining to the powers, functions, and duties transferred shall be continued and acted upon by the office of the governor. All existing contracts and obligations shall remain in full force and shall be performed by the office of the governor.
     (4) The transfer of the powers, duties, and functions of the office of the superintendent of public instruction shall not affect the validity of any act performed before the effective date of this section.
     (5) 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. 14   RCW 28A.300.130, 28A.300.135, 28A.300.290, and 28A.300.300 are each recodified as new sections in the chapter created in section 15 of this act.

NEW SECTION.  Sec. 15   Sections 1 and 4 through 11 of this act constitute a new chapter in Title 43 RCW.

NEW SECTION.  Sec. 16   Section 12 of this act takes effect July 1, 2006.