5732-S.EAMHMCDEAMH3112.2ESSB 5732H AMDBy Representative McDermottADOPTED AS AMENDED 04/15/2005 Strike everything after the enacting clause and insert thefollowing:NEW SECTION.Sec. The legislature intends to reconstitute thestate board of education and to refocus its purpose; to abolish theacademic achievement and accountability commission; to assign policyand rulemaking authority for educator preparation and certification tothe professional educator standards board and to clearly define itspurpose; and to align the missions of the state board of education andthe professional educator standards board to create a collaborative andeffective governance system that can accelerate progress towardsachieving the goals in RCW 28A.150.210.PART 1STATE BOARD OF EDUCATIONNEW SECTION.Sec. A new section is added to chapter 28A.305RCW to read as follows: (1) The membership of the state board of education shall becomposed of the superintendent of public instruction, who shall be thepresident of the board, and fifteen members who are residents of thestate of Washington as follows: (a) Seven members elected by school district directors. Three ofthe members elected by school district directors shall be residents ofwestern Washington and two members shall be residents of easternWashington; (b) Five members appointed by the governor; (c) One member elected atlarge by the members of the boards ofdirectors of all private schools in the state meeting the requirementsof RCW 28A.195.010; and 1 (d) Two students selected in a manner determined by the state boardof education. (2) Initial appointments shall be for terms from one to four yearsin length, with the terms expiring on the second Monday of January ofthe applicable year. As the terms of the first appointees expire orvacancies on the board occur, the governor shall appoint or reappointmembers of the board to complete the initial terms or to fouryearterms, as appropriate. (a) Appointees of the governor must be individuals who havedemonstrated interest in public schools and are supportive ofeducational improvement, have a positive record of service, and whowill devote sufficient time to the responsibilities of the board. (b) In appointing board members, the governor shall consider thediversity of the population of the state. (c) All appointments to the board made by the governor are subjectto confirmation by the senate. (d) No person may serve as a member of the board, except thesuperintendent of public instruction, for more than two consecutivefull fouryear terms. (3) The governor may remove an appointed member of the board forneglect of duty, misconduct, malfeasance, or misfeasance in office, orfor incompetent or unprofessional conduct as defined in chapter 18.130RCW. In such a case, the governor shall file with the secretary ofstate a statement of the causes for and the order of removal fromoffice, and the secretary of state shall send a certified copy of thestatement of causes and order of removal to the last known post officeaddress of the member. (4)(a) The chair of the board shall be elected by a majority voteof the members of the board. (b) Eight voting members of the board constitute a quorum for thetransaction of business. (c) All members except the student members are voting members. (5) Members of the board appointed by the governor who are notpublic employees shall be compensated in accordance with RCW 43.03.240and shall be reimbursed for travel expenses incurred in carrying outthe duties of the board in accordance with RCW 43.03.050 and 43.03.060. 2 NEW SECTION.Sec. A new section is added to chapter 28A.305RCW to read as follows: The election of state board of education members by schooldirectors and private school board members shall be conducted by theoffice of the superintendent of public instruction for the members ofthe state board who begin serving on January 1, 2006, and thereafter. (1) The superintendent shall adopt rules for the conduct ofelections, which shall include, but need not be limited to: Thedefinition of the eastern Washington and western Washington geographicregions of the state for the purpose of determining board memberpositions; the weighting of votes cast by the number of students in theschool director's school district or board member's private school;election and dispute resolution procedures; the process for fillingvacancies; and election timelines. The election timeline shall includecalling for elections no later than the twentyfifth of August, andnotification of the election results no later than the fifteenth ofDecember. (2) State board member positions one and two shall be filled byresidents of the eastern Washington region and positions three, four,and five shall be filled by residents of the western Washington region. (3) A school director shall be eligible to vote only for acandidate for each position in the geographic region within which theschool director resides. (4) Initial terms of the individuals elected by the schooldirectors shall be for terms of two to four years in length as follows:Two members, one from eastern Washington and one from westernWashington, shall be elected to twoyear terms; two members, one fromeastern Washington and one from western Washington, shall be elected tofouryear terms; and one member from western Washington shall beelected to a threeyear term. The term of the private school membershall be two years. All terms shall expire on the second Monday ofJanuary of the applicable year. (5) No person employed in any public or private school, college,university, or other educational institution or any educational servicedistrict superintendent's office or in the office of the superintendentof public instruction is eligible for membership on the state board ofeducation. No member of a board of directors of a local school 3 district or private school may continue to serve in that capacity afterhaving been elected to the state board.NEW SECTION.Sec. A new section is added to chapter 28A.305RCW to read as follows: By October 15th of each evennumbered year, the state board ofeducation and the professional educator standards board shall submit ajoint report to the legislative education committees, the governor, andthe superintendent of public instruction. The report shall address theprogress the boards have made and the obstacles they have encountered,individually and collectively, in the work of achieving the goals inRCW 28A.150.210.Sec. RCW 28A.305.130 and 2002 c 205 s 3 are each amended toread as follows: The purpose of the state board of education is to adopt statewidepolicies that promote achievement of the goals of RCW 28A.150.210;implement a standardsbased accountability system; and provideleadership in the creation of an education system that respects thediverse cultures, abilities, and learning styles of all students. Inaddition to any other powers and duties as provided by law, the stateboard of education shall: (1) Until January 1, 2006, approve or disapprove the program ofcourses leading to teacher, school administrator, and schoolspecialized personnel certification offered by all institutions ofhigher education within the state which may be accredited and whosegraduates may become entitled to receive such certification. (2) Until January 1, 2006, conduct every five years a review of theprogram approval standards, including the minimum standards forteachers, administrators, and educational staff associates, to reflectresearch findings and assure continued improvement of preparationprograms for teachers, administrators, and educational staffassociates. (3) Until January 1, 2006, investigate the character of the workrequired to be performed as a condition of entrance to and graduationfrom any institution of higher education in this state relative to suchcertification as provided for in subsection (1) of this section, and 4 prepare a list of accredited institutions of higher education of thisand other states whose graduates may be awarded such certificates. (4) Until January 1, 2006: (a) ((The state board of education shall)) Adopt rules to allow ateacher certification candidate to fulfill, in part, teacherpreparation program requirements through work experience as aclassified teacher's aide in a public school or private school meetingthe requirements of RCW 28A.195.010. The rules shall include, but arenot limited to, limitations based upon the recency of the teacherpreparation candidate's teacher aide work experience, and limitationsbased on the amount of work experience that may apply toward teacherpreparation program requirements under this chapter((.)); and (b) ((The state board of education shall)) Require that at the timeof the individual's enrollment in a teacher preparation program, thesupervising teacher and the building principal shall jointly provide tothe teacher preparation program of the higher education institution atwhich the teacher candidate is enrolled, a written assessment of theperformance of the teacher candidate. The assessment shall containsuch information as determined by the state board of education andshall include: Evidence that at least fifty percent of the candidate'swork as a classified teacher's aide was involved in instructionalactivities with children under the supervision of a certificatedteacher and that the candidate worked a minimum of six hundred thirtyhours for one school year; the type of work performed by the candidate;and a recommendation of whether the candidate's work experience as aclassified teacher's aide should be substituted for teacher preparationprogram requirements. In compliance with such rules as may beestablished by the state board of education under this section, theteacher preparation programs of the higher education institution wherethe candidate is enrolled shall make the final determination as to whatteacher preparation program requirements may be fulfilled by teacheraide work experience. (5) Until January 1, 2006, supervise the issuance of suchcertificates as provided for in subsection (1) of this section andspecify the types and kinds of certificates necessary for the severaldepartments of the common schools by rule or regulation in accordancewith RCW 28A.410.010. 5 (6) Hold regularly scheduled meetings at such time and place withinthe state as the board shall determine and may hold such specialmeetings as may be deemed necessary for the transaction of publicbusiness. (7) Form committees as necessary to effectively and efficientlyconduct the work of the board. (8) Seek advice from the public and interested parties regardingthe work of the board. (9) For purposes of statewide accountability, the board shall: (a) Adopt and revise performance improvement goals in reading,writing, science, and mathematics, by subject and grade level, onceassessments in these subjects are required statewide; academic andtechnical skills, as appropriate, in secondary career and technicaleducation programs; and student attendance, as the board deemsappropriate to improve student learning. The goals shall be consistentwith student privacy protection provisions of RCW 28A.655.090(7) andshall not conflict with requirements contained in Title I of thefederal elementary and secondary education act of 1965, or therequirements of the Carl D. Perkins vocational education act of 1998,each as amended. The goals may be established for all students,economically disadvantaged students, limited English proficientstudents, students with disabilities, and students fromdisproportionately academically underachieving racial and ethnicbackgrounds. The board may establish school and school district goalsaddressing high school graduation rates and dropout reduction goals forstudents in grades seven through twelve. The board shall adopt thegoals by rule. However, before each goal is implemented, the boardshall present the goal to the education committees of the house ofrepresentatives and the senate for the committees' review and commentin a time frame that will permit the legislature to take statutoryaction on the goal if such action is deemed warranted by thelegislature; (b) Identify the scores students must achieve in order to meet thestandard on the Washington assessment of student learning and, for highschool students, to obtain a certificate of academic achievement. Theboard shall also determine student scores that identify levels ofstudent performance below and beyond the standard. The board shallconsider the incorporation of the standard error of measurement into 6 the decision regarding the award of the certificates. The board shallset such performance standards and levels in consultation with thesuperintendent of public instruction and after consideration of anyrecommendations that may be developed by any advisory committees thatmay be established for this purpose. The initial performance standardsand any changes recommended by the board in the performance standardsfor the tenth grade assessment shall be presented to the educationcommittees of the house of representatives and the senate by November30th of the school year in which the changes will take place to permitthe legislature to take statutory action before the changes areimplemented if such action is deemed warranted by the legislature. Thelegislature shall be advised of the initial performance standards andany changes made to the elementary level performance standards and themiddle school level performance standards; (c) Adopt objective, systematic criteria to identify successfulschools and school districts and recommend to the superintendent ofpublic instruction schools and districts to be recognized for two typesof accomplishments, student achievement and improvements in studentachievement. Recognition for improvements in student achievement shallinclude consideration of one or more of the following accomplishments: (i) An increase in the percent of students meeting standards. Thelevel of achievement required for recognition may be based on theachievement goals established by the legislature and by the board under(a) of this subsection; (ii) Positive progress on an improvement index that measuresimprovement in all levels of the assessment; and (iii) Improvements despite challenges such as high levels ofmobility, poverty, English as a second language learners, and largenumbers of students in special populations as measured by either thepercent of students meeting the standard, or the improvement index.When determining the baseline year or years for recognizing individualschools, the board may use the assessment results from the initialyears the assessments were administered, if doing so with individualschools would be appropriate; (d) Adopt objective, systematic criteria to identify schools andschool districts in need of assistance and those in which significantnumbers of students persistently fail to meet state standards. In its 7 deliberations, the board shall consider the use of all statewidemandated criterionreferenced and normreferenced standardized tests; (e) Identify schools and school districts in which stateintervention measures will be needed and a range of appropriateintervention strategies after the legislature has authorized a set ofintervention strategies. After the legislature has authorized a set ofintervention strategies, at the request of the board, thesuperintendent shall intervene in the school or school district andtake corrective actions. This chapter does not provide additionalauthority for the board or the superintendent of public instruction tointervene in a school or school district; (f) Identify performance incentive systems that have improved orhave the potential to improve student achievement; (g) Annually review the assessment reporting system to ensurefairness, accuracy, timeliness, and equity of opportunity, especiallywith regard to schools with special circumstances and uniquepopulations of students, and a recommendation to the superintendent ofpublic instruction of any improvements needed to the system; (h) Include in the biennial report required under section 103 ofthis act, information on the progress that has been made in achievinggoals adopted by the board. (10) Accredit, subject to such accreditation standards andprocedures as may be established by the state board of education, allschools that apply for accreditation, and approve, subject to theprovisions of RCW 28A.195.010, private schools carrying out a programfor any or all of the grades kindergarten through twelve: PROVIDED,That no private school may be approved that operates a kindergartenprogram only: PROVIDED FURTHER, That no public or private schoolsshall be placed upon the list of accredited schools so long as secretsocieties are knowingly allowed to exist among its students by schoolofficials: PROVIDED FURTHER, That the state board may elect to requireall or certain classifications of the public schools to conduct andparticipate in such preaccreditation examination and evaluationprocesses as may now or hereafter be established by the board. (((7))) (11) Make rules and regulations governing the establishmentin any existing nonhigh school district of any secondary program or anynew grades in grades nine through twelve. Before any such program or 8 any new grades are established the district must obtain prior approvalof the state board. (((8))) (12) Prepare such outline of study for the common schoolsas the board shall deem necessary, and in conformance with legislativerequirements, and prescribe such rules for the general government ofthe common schools, as shall seek to secure regularity of attendance,prevent truancy, secure efficiency, and promote the true interest ofthe common schools. (((9))) (13) Continuously reevaluate courses and other requirementsand adopt and enforce regulations within the common schools so as tomeet the educational needs of students ((and)). (14) Evaluate course of study requirements and articulate with theinstitutions of higher education, work force representatives, and earlylearning policymakers and providers to coordinate and unify the work ofthe public school system. (((10))) (15) Carry out board powers and duties relating to theorganization and reorganization of school districts ((under RCW28A.315.010 through 28A.315.680 and 28A.315.900)). (((11))) (16) Hear and decide appeals as otherwise provided by law. ((The state board of education is given the authority to)) (17)Promulgate information and rules dealing with the prevention of childabuse for purposes of curriculum use in the common schools. (18) Hire an executive director and an administrative assistant toreside in the office of the superintendent of public instruction foradministrative purposes. Any other personnel of the board shall beappointed as provided by RCW 28A.300.020. The executive director,administrative assistant, and all but one of the other personnel of theboard are exempt from civil service, together with other staff as nowor hereafter designated as exempt in accordance with chapter 41.06 RCW. (19) Adopt a seal that shall be kept in the office of thesuperintendent of public instruction.Sec. RCW 28A.505.210 and 2001 c 3 s 3 are each amended toread as follows: School districts shall have the authority to decide the best use ofstudent achievement funds to assist students in meeting and exceedingthe new, higher academic standards in each district consistent with theprovisions of chapter 3, Laws of 2001. 9 (1) Student achievement funds shall be allocated for the followinguses: (a) To reduce class size by hiring certificated elementaryclassroom teachers in grades K4 and paying nonemployeerelated costsassociated with those new teachers; (b) To make selected reductions in class size in grades 512, suchas small high school writing classes; (c) To provide extended learning opportunities to improve studentacademic achievement in grades K12, including, but not limited to,extended school year, extended school day, beforeandafterschoolprograms, special tutoring programs, weekend school programs, summerschool, and allday kindergarten; (d) To provide additional professional development for educators,including additional paid time for curriculum and lesson redesign andalignment, training to ensure that instruction is aligned with statestandards and student needs, reimbursement for higher education costsrelated to enhancing teaching skills and knowledge, and mentoringprograms to match teachers with skilled, master teachers. The fundingshall not be used for salary increases or additional compensation forexisting teaching duties, but may be used for extended year andextended day teaching contracts; (e) To provide early assistance for children who needprekindergarten support in order to be successful in school; (f) To provide improvements or additions to school buildingfacilities which are directly related to the class size reductions andextended learning opportunities under (a) through (c) of thissubsection. (2) Annually on or before May 1st, the school district board ofdirectors shall meet at the time and place designated for the purposeof a public hearing on the proposed use of these funds to improvestudent achievement for the coming year. Any person may appear or bywritten submission have the opportunity to comment on the proposed planfor the use of these funds. No later than August 31st, as a part ofthe process under RCW 28A.505.060, each school district shall adopt aplan for the use of these funds for the upcoming school year.Annually, each school district shall provide to the citizens of theirdistrict a public accounting of the funds made available to thedistrict during the previous school year under chapter 3, Laws of 2001, 10 how the funds were used, and the progress the district has made inincreasing student achievement, as measured by required stateassessments and other assessments deemed appropriate by the district.Copies of this report shall be provided to the superintendent of publicinstruction ((and to the academic achievement and accountabilitycommission)).Sec. RCW 28A.655.070 and 2004 c 19 s 204 are each amended toread as follows: (1) The superintendent of public instruction shall developessential academic learning requirements that identify the knowledgeand skills all public school students need to know and be able to dobased on the student learning goals in RCW 28A.150.210, develop studentassessments, and implement the accountability recommendations andrequests regarding assistance, rewards, and recognition of the((academic achievement and accountability commission)) state board ofeducation. (2) The superintendent of public instruction shall: (a) Periodically revise the essential academic learningrequirements, as needed, based on the student learning goals in RCW28A.150.210. Goals one and two shall be considered primary. To themaximum extent possible, the superintendent shall integrate goal fourand the knowledge and skill areas in the other goals in the essentialacademic learning requirements; and (b) Review and prioritize the essential academic learningrequirements and identify, with clear and concise descriptions, thegrade level content expectations to be assessed on the Washingtonassessment of student learning and used for state or federalaccountability purposes. The review, prioritization, andidentification shall result in more focus and targeting with anemphasis on depth over breadth in the number of grade level contentexpectations assessed at each grade level. Grade level contentexpectations shall be articulated over the grades as a sequence ofexpectations and performances that are logical, build with increasingdepth after foundational knowledge and skills are acquired, andreflect, where appropriate, the sequential nature of the discipline.The office of the superintendent of public instruction, within seven 11 working days, shall post on its web site any grade level contentexpectations provided to an assessment vendor for use in constructingthe Washington assessment of student learning. (3) In consultation with the ((academic achievement andaccountability commission)) state board of education, thesuperintendent of public instruction shall maintain and continue todevelop and revise a statewide academic assessment system in thecontent areas of reading, writing, mathematics, and science for use inthe elementary, middle, and high school years designed to determine ifeach student has mastered the essential academic learning requirementsidentified in subsection (1) of this section. School districts shalladminister the assessments under guidelines adopted by thesuperintendent of public instruction. The academic assessment systemshall include a variety of assessment methods, including criterionreferenced and performancebased measures. (4) If the superintendent proposes any modification to theessential academic learning requirements or the statewide assessments,then the superintendent shall, upon request, provide opportunities forthe education committees of the house of representatives and the senateto review the assessments and proposed modifications to the essentialacademic learning requirements before the modifications are adopted. (5)(a) The assessment system shall be designed so that the resultsunder the assessment system are used by educators as tools to evaluateinstructional practices, and to initiate appropriate educationalsupport for students who have not mastered the essential academiclearning requirements at the appropriate periods in the student'seducational development. (b) Assessments measuring the essential academic learningrequirements in the content area of science shall be available formandatory use in middle schools and high schools by the 200304 schoolyear and for mandatory use in elementary schools by the 200405 schoolyear unless the legislature takes action to delay or preventimplementation of the assessment. (6) By September 2007, the results for reading and mathematicsshall be reported in a format that will allow parents and teachers todetermine the academic gain a student has acquired in those contentareas from one school year to the next. 12 (7) To assist parents and teachers in their efforts to provideeducational support to individual students, the superintendent ofpublic instruction shall provide as much individual student performanceinformation as possible within the constraints of the assessmentsystem's item bank. The superintendent shall also provide to schooldistricts: (a) Information on classroombased and other assessments that mayprovide additional achievement information for individual students; and (b) A collection of diagnostic tools that educators may use toevaluate the academic status of individual students. The tools shallbe designed to be inexpensive, easily administered, and quickly andeasily scored, with results provided in a format that may be easilyshared with parents and students. (8) To the maximum extent possible, the superintendent shallintegrate knowledge and skill areas in development of the assessments. (9) Assessments for goals three and four of RCW 28A.150.210 shallbe integrated in the essential academic learning requirements andassessments for goals one and two. (10) The superintendent shall develop assessments that are directlyrelated to the essential academic learning requirements, and are notbiased toward persons with different learning styles, racial or ethnicbackgrounds, or on the basis of gender. (11) The superintendent shall consider methods to address theunique needs of special education students when developing theassessments under this section. (12) The superintendent shall consider methods to address theunique needs of highly capable students when developing the assessmentsunder this section. (13) The superintendent shall post on the superintendent's web sitelists of resources and model assessments in social studies, the arts,and health and fitness.PART 2WASHINGTON PROFESSIONAL EDUCATOR STANDARDS BOARDSec. RCW 28A.410.210 and 2000 c 39 s 103 are each amended toread as follows: The purpose of the professional educator standards board is to 13 establish policies and requirements for the preparation andcertification of educators that provide standards for competency inprofessional knowledge and practice in the areas of certification; afoundation of skills, knowledge, and attitudes necessary to helpstudents with diverse needs, abilities, cultural experiences, andlearning styles meet or exceed the learning goals outlined in RCW28A.150.210; knowledge of researchbased practice; and professionaldevelopment throughout a career. The Washington professional educatorstandards board shall: (1) Establish policies and practices for the approval of programsof courses, requirements, and other activities leading to educatorcertification including teacher, school administrator, and educationalstaff associate certification; (2) Establish policies and practices for the approval of thecharacter of work required to be performed as a condition of entranceto and graduation from any educator preparation program includingteacher, school administrator, and educational staff associatepreparation program as provided in subsection (1) of this section; (3) Establish a list of accredited institutions of higher educationof this and other states whose graduates may be awarded educatorcertificates as teacher, school administrator, and educational staffassociate and establish criteria and enter into agreements with otherstates to acquire reciprocal approval of educator preparation programsand certification, including teacher certification from the nationalboard for professional teaching standards; (4) Establish policies for approval of nontraditional educatorpreparation programs; (5) Conduct a review of educator program approval standards atleast every five years, beginning in 2006, to reflect research findingsand assure continued improvement of preparation programs for teachers,administrators, and school specialized personnel; (6) Specify the types and kinds of educator certificates to beissued and conditions for certification in accordance with subsection(1) of this section and RCW 28A.410.010; (7) Hear and determine educator certification appeals as providedby RCW 28A.410.100; (8) Apply for and receive federal or other funds on behalf of thestate for purposes related to the duties of the board; 14 (9) Adopt rules under chapter 34.05 RCW that are necessary for theeffective and efficient implementation of this chapter; (10) Maintain data concerning educator preparation programs andtheir quality, educator certification, educator employment trends andneeds, and other data deemed relevant by the board; (11) Serve as an advisory body to the superintendent of publicinstruction ((and as the sole advisory body to the state board ofeducation)) on issues related to educator recruitment, hiring,((preparation, certification including high quality alternative routesto certification,)) mentoring and support, professional growth,retention, ((governance, prospective teacher pedagogy assessment,prospective principal assessment,)) educator evaluation including butnot limited to peer evaluation, and revocation and suspension oflicensure; (((2))) (12) Submit ((annual reports and recommendations, beginningDecember 1, 2000, to the governor, the education and fiscal committeesof the legislature, the state board of education, and thesuperintendent of public instruction concerning duties and activitieswithin the board's advisory capacity. The Washington professionaleducator standards board shall submit a separate report by December 1,2000, to the governor, the education and fiscal committees of thelegislature, the state board of education, and the superintendent ofpublic instruction providing recommendations for at least two highquality alternative routes to teacher certification. In itsdeliberations, the board shall consider at least one route that permitspersons with substantial subject matter expertise to achieve residencycertification through an onthejob training program provided by aschool district)), by October 15th of each evennumbered year, a jointreport with the state board of education to the legislative educationcommittees, the governor, and the superintendent of public instruction.The report shall address the progress the boards have made and theobstacles they have encountered, individually and collectively, in thework of achieving the goals set out in RCW 28A.150.210; ((and (3))) (13) Establish the prospective teacher assessment system forbasic skills and subject knowledge that shall be required to obtainresidency certification pursuant to RCW 28A.410.220 through28A.410.240; and (14) Conduct meetings under the provisions of chapter 42.30 RCW. 15 Sec. RCW 28A.410.200 and 2003 1st sp.s. c 22 s 1 are eachamended to read as follows: (1)(a) The Washington professional educator standards board iscreated, consisting of twenty members to be appointed by the governorto fouryear terms and the superintendent of public instruction((, whoshall be an ex officio, nonvoting member)). (b) As the fouryear terms of the first appointees expire orvacancies to the board occur for the first time, the governor shallappoint or reappoint the members of the board to oneyear to fouryearstaggered terms. Once the oneyear to threeyear terms expire, allsubsequent terms shall be for four years, with the terms expiring onJune 30th of the applicable year. The terms shall be staggered in sucha way that, where possible, the terms of members representing aspecific group do not expire simultaneously. (c) No person may serve as a member of the board for more than twoconsecutive full fouryear terms. (d) The governor shall annually appoint the chair of the board fromamong the teachers and principals on the board. No board member mayserve as chair for more than two consecutive years. (2) Seven of the members shall be public school teachers, one shallbe a private school teacher, three shall represent higher educationeducator preparation programs, four shall be school administrators, twoshall be educational staff associates, one shall be a classifiedemployee who assists in public school student instruction, one shall bea parent, and one shall be a member of the public. (3) Public school teachers appointed to the board must: (a) Have at least three years of teaching experience in aWashington public school; (b) Be currently certificated and actively employed in a teachingposition; and (c) Include one teacher currently teaching at the elementary schoollevel, one at the middle school level, one at the high school level,and one vocationally certificated. (4) Private school teachers appointed to the board must: (a) Have at least three years of teaching experience in aWashington approved private school; and (b) Be currently certificated and actively employed in a teachingposition in an approved private school. 16 (5) Appointees from higher education educator preparation programsmust include two representatives from institutions of higher educationas defined in RCW 28B.10.016 and one representative from an institutionof higher education as defined in RCW 28B.07.020(4). (6) School administrators appointed to the board must: (a) Have at least three years of administrative experience in aWashington public school district; (b) Be currently certificated and actively employed in a schooladministrator position; and (c) Include two public school principals, one Washington approvedprivate school principal, and one superintendent. (7) Educational staff associates appointed to the board must: (a) Have at least three years of educational staff associateexperience in a Washington public school district; and (b) Be currently certificated and actively employed in aneducational staff associate position. (8) Public school classified employees appointed to the board must: (a) Have at least three years of experience in assisting in theinstruction of students in a Washington public school; and (b) Be currently employed in a position that requires the employeeto assist in the instruction of students. (9) Each major caucus of the house of representatives and thesenate shall submit a list of at least one public school teacher. Inmaking the public school teacher appointments, the governor shallselect one nominee from each list provided by each caucus. Thegovernor shall appoint the remaining members of the board from a listof qualified nominees submitted to the governor by organizationsrepresentative of the constituencies of the board, from applicationsfrom other qualified individuals, or from both nominees and applicants. (10) All appointments to the board made by the governor shall besubject to confirmation by the senate. (11) The governor shall appoint the members of the initial board nolater than June 1, 2000. (12) In appointing board members, the governor shall consider thediversity of the population of the state. (13) Each member of the board shall be compensated in accordancewith RCW 43.03.240 and shall be reimbursed for travel expenses incurred 17 in carrying out the duties of the board in accordance with RCW43.03.050 and 43.03.060. (14) The governor may remove a member of the board for neglect ofduty, misconduct, malfeasance or misfeasance in office, or forincompetency or unprofessional conduct as defined in chapter 18.130RCW. In such a case, the governor shall file with the secretary ofstate a statement of the causes for and the order of removal fromoffice, and the secretary of state shall send a certified copy of thestatement of causes and order of removal to the last known post officeaddress of the member. (15) If a vacancy occurs on the board, the governor shall appointa replacement member from the nominees as specified in subsection (9)of this section to fill the remainder of the unexpired term. Whenfilling a vacancy of a member nominated by a major caucus of thelegislature, the governor shall select the new member from a list of atleast one name submitted by the same caucus that provided the list fromwhich the retiring member was appointed. (16) Members of the board shall hire an executive director and anadministrative assistant to reside in the office of the superintendentof public instruction for administrative purposes only.Sec. RCW 28A.410.010 and 2001 c 263 s 1 are each amended toread as follows: The ((state board of education)) Washington professional educatorstandards board shall establish, publish, and enforce rules ((andregulations)) determining eligibility for and certification ofpersonnel employed in the common schools of this state, includingcertification for emergency or temporary, substitute or provisionalduty and under such certificates or permits as the board shall deemproper or as otherwise prescribed by law. The rules shall require thatthe initial application for certification shall require a record checkof the applicant through the Washington state patrol criminalidentification system and through the federal bureau of investigationat the applicant's expense. The record check shall include afingerprint check using a complete Washington state criminalidentification fingerprint card. The superintendent of publicinstruction may waive the record check for any applicant who has had arecord check within the two years before application. The rules shall 18 permit a holder of a lapsed certificate but not a revoked or suspendedcertificate to be employed on a conditional basis by a school districtwith the requirement that the holder must complete any certificaterenewal requirements established by the state board of education withintwo years of initial reemployment. In establishing rules pertaining to the qualifications ofinstructors of American sign language the ((state)) board shall consultwith the national association of the deaf, "sign instructors guidancenetwork" (s.i.g.n.), and the Washington state association of the deaffor evaluation and certification of sign language instructors. The superintendent of public instruction shall act as theadministrator of any such rules ((and regulations)) and have the powerto issue any certificates or permits and revoke the same in accordancewith board rules ((and regulations)).Sec. RCW 28A.410.040 and 1992 c 141 s 101 are each amended toread as follows: The ((state board of education)) Washington professional educatorstandards board shall adopt rules providing that, except as provided inthis section, all individuals qualifying for an initiallevel teachingcertificate after August 31, 1992, shall possess a baccalaureate degreein the arts, sciences, and/or humanities and have fulfilled therequirements for teacher certification pursuant to RCW ((28A.305.130(1) and (2))) 28A.410.210. However, candidates for grades preschoolthrough eight certificates shall have fulfilled the requirements for amajor as part of their baccalaureate degree. If the major is in earlychildhood education, elementary education, or special education, thecandidate must have at least thirty quarter hours or twenty semesterhours in one academic field.Sec. RCW 28A.410.050 and 1992 c 141 s 102 are each amended toread as follows: The ((state board of education)) Washington professional educatorstandards board shall develop and adopt rules establishingbaccalaureate and masters degree equivalency standards for vocationalinstructors performing instructional duties and acquiring certificationafter August 31, 1992. 19 Sec. RCW 28A.410.060 and 1990 c 33 s 407 are each amended toread as follows: The fee for any certificate, or any renewal thereof, issued by theauthority of the state of Washington, and authorizing the holder toteach or perform other professional duties in the public schools of thestate shall be not less than one dollar or such reasonable fee thereforas the ((state board of education)) Washington professional educatorstandards board by rule ((or regulation)) shall deem necessarytherefor. The fee must accompany the application and cannot berefunded unless the application is withdrawn before it is finallyconsidered. The educational service district superintendent, or otherofficial authorized to receive such fee, shall within thirty daystransmit the same to the treasurer of the county in which the office ofthe educational service district superintendent is located, to be byhim or her placed to the credit of said school district or educationalservice district: PROVIDED, That if any school district collectingfees for the certification of professional staff does not hold aprofessional training institute separate from the educational servicedistrict then all such moneys shall be placed to the credit of theeducational service district. Such fees shall be used solely for the purpose of precertificationprofessional preparation, program evaluation, and professional inservice training programs in accord with rules ((and regulations)) ofthe ((state board of education)) Washington professional educatorstandards board herein authorized.Sec. RCW 28A.410.100 and 1992 c 159 s 6 are each amended toread as follows: Any teacher whose certificate to teach has been questioned underRCW 28A.410.090 shall have a right to be heard by the issuing authoritybefore his or her certificate is revoked. Any teacher whosecertificate to teach has been revoked shall have a right of appeal tothe ((state board of education)) Washington professional educatorstandards board if notice of appeal is given by written affidavit tothe board within thirty days after the certificate is revoked. An appeal to the ((state board of education)) Washingtonprofessional educator standards board within the time specified shall 20 operate as a stay of revocation proceedings until the next regular orspecial meeting of said board and until the board's decision has beenrendered.Sec. RCW 28A.410.120 and 1990 c 33 s 411 are each amended toread as follows: Notwithstanding any other provision of this title, the ((stateboard of education)) Washington professional educator standards boardor superintendent of public instruction shall not require anyprofessional certification or other qualifications of any personelected superintendent of a local school district by that district'sboard of directors, or any person hired in any manner to fill aposition designated as, or which is, in fact, deputy superintendent, orassistant superintendent.Sec. RCW 28A.415.023 and 1997 c 90 s 1 are each amended toread as follows: (1) Credits earned by certificated instructional staff afterSeptember 1, 1995, shall be eligible for application to the salaryschedule developed by the legislative evaluation and accountabilityprogram committee only if the course content: (a) Is consistent with a schoolbased plan for mastery of studentlearning goals as referenced in RCW ((28A.320.205)) 28A.655.110, theannual school performance report, for the school in which theindividual is assigned; (b) Pertains to the individual's current assignment or expectedassignment for the subsequent school year; (c) Is necessary to obtain an endorsement as prescribed by the((state board of education)) Washington professional educator standardsboard; (d) Is specifically required to obtain advanced levels ofcertification; or (e) Is included in a college or university degree program thatpertains to the individual's current assignment, or potential futureassignment, as a certified instructional staff. (2) For the purpose of this section, "credits" mean college quarterhour credits and equivalent credits for approved inservice, approved 21 continuing education, or approved internship hours computed inaccordance with RCW 28A.415.020. (3) The superintendent of public instruction shall adopt rules andstandards consistent with the limits established by this section forcertificated instructional staff.Sec. RCW 28A.415.060 and 1991 c 155 s 1 are each amended toread as follows: The ((state board of education)) Washington professional educatorstandards board rules for continuing education shall provide thateducational staff associates may use credits or clock hours thatsatisfy the continuing education requirements for their stateprofessional licensure, if any, to fulfill the continuing educationrequirements established by the ((state board of education)) Washingtonprofessional educator standards board.Sec. RCW 28A.415.205 and 1991 c 238 s 75 are each amended toread as follows: (1) The Washington state minority teacher recruitment program isestablished. The program shall be administered by the ((state board ofeducation)) Washington professional educator standards board. The((state board of education)) Washington professional educator standardsboard shall consult with the higher education coordinating board,representatives of institutions of higher education, educationorganizations having an interest in teacher recruitment issues, thesuperintendent of public instruction, the state board for community andtechnical colleges, the department of employment security, and the workforce training and education coordinating board. The program shall bedesigned to recruit future teachers from students in the targetedgroups who are in the ninth through twelfth grades and from adults inthe targeted groups who have entered other occupations. (2) The program shall include the following: (a) Encouraging students in targeted groups in grades nine throughtwelve to acquire the academic and related skills necessary to preparefor the study of teaching at an institution of higher education; (b) Promoting teaching career opportunities to develop an awarenessof opportunities in the education profession; 22 (c) Providing opportunities for students to experience theapplication of regular high school course work to activities related toa teaching career; and (d) Providing for increased cooperation among institutions ofhigher education including community colleges, the superintendent ofpublic instruction, the ((state board of education)) Washingtonprofessional educator standards board, and local school districts inworking toward the goals of the program.Sec. RCW 28A.150.060 and 1990 c 33 s 102 are each amended toread as follows: The term "certificated employee" as used in RCW 28A.195.010,28A.150.060, 28A.150.260, 28A.405.100, 28A.405.210, 28A.405.240,28A.405.250, 28A.405.300 through 28A.405.380, and chapter 41.59 RCW,shall include those persons who hold certificates as authorized by rule((or regulation)) of the ((state board of education)) Washingtonprofessional educator standards board or the superintendent of publicinstruction.Sec. RCW 28A.170.080 and 1990 c 33 s 157 are each amended toread as follows: (1) Grants provided under RCW 28A.170.090 may be used solely forservices provided by a substance abuse intervention specialist or fordedicated staff time for counseling and intervention services providedby any school district certificated employee who has been trained byand has access to consultation with a substance abuse interventionspecialist. Services shall be directed at assisting students inkindergarten through twelfth grade in overcoming problems of drug andalcohol abuse, and in preventing abuse and addiction to suchsubstances, including nicotine. The grants shall require localmatching funds so that the grant amounts support a maximum of eightypercent of the costs of the services funded. The services of asubstance abuse intervention specialist may be obtained by means of acontract with a state or community services agency or a drug treatmentcenter. Services provided by a substance abuse intervention specialistmay include: (a) Individual and family counseling, including preventivecounseling; 23 (b) Assessment and referral for treatment; (c) Referral to peer support groups; (d) Aftercare; (e) Development and supervision of student mentor programs; (f) Staff training, including training in the identification ofhighrisk children and effective interaction with those children in theclassroom; and (g) Development and coordination of school drug and alcohol coreteams, involving staff, students, parents, and community members. (2) For the purposes of this section, "substance abuse interventionspecialist" means any one of the following, except that diagnosis andassessment, counseling and aftercare specifically identified withtreatment of chemical dependency shall be performed only by personnelwho meet the same qualifications as are required of a qualifiedchemical dependency counselor employed by an alcoholism or drugtreatment program approved by the department of social and healthservices. (a) An educational staff associate employed by a school district oreducational service district who holds certification as a schoolcounselor, school psychologist, school nurse, or school social workerunder ((state board of education)) Washington professional educatorstandards board rules adopted pursuant to RCW ((28A.305.130))28A.410.210; (b) An individual who meets the definition of a qualified drug oralcohol counselor established by the bureau of alcohol and substanceabuse; (c) A counselor, social worker, or other qualified professionalemployed by the department of social and health services; (d) A psychologist licensed under chapter 18.83 RCW; or (e) A children's mental health specialist as defined in RCW71.34.020.Sec. RCW 28A.205.010 and 1999 c 348 s 2 are each amended toread as follows: (1) As used in this chapter, unless the context thereof shallclearly indicate to the contrary: "Education center" means any private school operated on a profit ornonprofit basis which does the following: 24 (a) Is devoted to the teaching of basic academic skills, includingspecific attention to improvement of student motivation for achieving,and employment orientation. (b) Operates on a clinical, client centered basis. This shallinclude, but not be limited to, performing diagnosis of individualeducational abilities, determination and setting of individual goals,prescribing and providing individual courses of instruction therefor,and evaluation of each individual client's progress in his or hereducational program. (c) Conducts courses of instruction by professionally trainedpersonnel certificated by the ((state board of education)) Washingtonprofessional educator standards board according to rules adopted forthe purposes of this chapter and providing, for certification purposes,that a year's teaching experience in an education center shall bedeemed equal to a year's teaching experience in a common or privateschool. (2) For purposes of this chapter, basic academic skills shallinclude the study of mathematics, speech, language, reading andcomposition, science, history, literature and political science orcivics; it shall not include courses of a vocational training natureand shall not include courses deemed nonessential to the accrediting ofthe common schools or the approval of private schools under RCW28A.305.130. (3) The state board of education shall certify an education centeronly upon application and (a) determination that such school comeswithin the definition thereof as set forth in subsection (1) of thissection and (b) demonstration on the basis of actual educationalperformance of such applicants' students which shows afterconsideration of their students' backgrounds, educational gains thatare a direct result of the applicants' educational program. Suchcertification may be withdrawn if the board finds that a center failsto provide adequate instruction in basic academic skills. No educationcenter certified by the state board of education pursuant to thissection shall be deemed a common school under RCW 28A.150.020 or aprivate school for the purposes of RCW 28A.195.010 through 28A.195.050.Sec. RCW 28A.205.050 and 1995 c 335 s 201 are each amended toread as follows: 25 In accordance with chapter 34.05 RCW, the administrative procedureact, the ((state board of education)) Washington professional educatorstandards board with respect to the matter of certification, and thesuperintendent of public instruction with respect to all other matters,shall have the power and duty to make the necessary rules to carry outthe purpose and intent of this chapter.Sec. RCW 28A.405.210 and 1996 c 201 s 1 are each amended toread as follows: No teacher, principal, supervisor, superintendent, or othercertificated employee, holding a position as such with a schooldistrict, hereinafter referred to as "employee", shall be employedexcept by written order of a majority of the directors of the districtat a regular or special meeting thereof, nor unless he or she is theholder of an effective teacher's certificate or other certificaterequired by law or the ((state board of education)) Washingtonprofessional educator standards board for the position for which theemployee is employed. The board shall make with each employee employed by it a writtencontract, which shall be in conformity with the laws of this state, andexcept as otherwise provided by law, limited to a term of not more thanone year. Every such contract shall be made in duplicate, one copy tobe retained by the school district superintendent or secretary and onecopy to be delivered to the employee. No contract shall be offered byany board for the employment of any employee who has previously signedan employment contract for that same term in another school district ofthe state of Washington unless such employee shall have been releasedfrom his or her obligations under such previous contract by the boardof directors of the school district to which he or she was obligated.Any contract signed in violation of this provision shall be void. In the event it is determined that there is probable cause orcauses that the employment contract of an employee should not berenewed by the district for the next ensuing term such employee shallbe notified in writing on or before May 15th preceding the commencementof such term of that determination, or if the omnibus appropriationsact has not passed the legislature by May 15th, then notification shallbe no later than June 1st, which notification shall specify the causeor causes for nonrenewal of contract. Such determination of probable 26 cause for certificated employees, other than the superintendent, shallbe made by the superintendent. Such notice shall be served upon theemployee personally, or by certified or registered mail, or by leavinga copy of the notice at the house of his or her usual abode with someperson of suitable age and discretion then resident therein. Everysuch employee so notified, at his or her request made in writing andfiled with the president, chair or secretary of the board of directorsof the district within ten days after receiving such notice, shall begranted opportunity for hearing pursuant to RCW 28A.405.310 todetermine whether there is sufficient cause or causes for nonrenewal ofcontract: PROVIDED, That any employee receiving notice of nonrenewalof contract due to an enrollment decline or loss of revenue may, in hisor her request for a hearing, stipulate that initiation of thearrangements for a hearing officer as provided for by RCW28A.405.310(4) shall occur within ten days following July 15 ratherthan the day that the employee submits the request for a hearing. Ifany such notification or opportunity for hearing is not timely given,the employee entitled thereto shall be conclusively presumed to havebeen reemployed by the district for the next ensuing term uponcontractual terms identical with those which would have prevailed ifhis or her employment had actually been renewed by the board ofdirectors for such ensuing term. This section shall not be applicable to "provisional employees" asso designated in RCW 28A.405.220; transfer to a subordinatecertificated position as that procedure is set forth in RCW 28A.405.230shall not be construed as a nonrenewal of contract for the purposes ofthis section.Sec. RCW 28B.10.140 and 2004 c 60 s 1 are each amended toread as follows: The University of Washington, Washington State University, CentralWashington University, Eastern Washington University, WesternWashington University, and The Evergreen State College are eachauthorized to train teachers and other personnel for whom teachingcertificates or special credentials prescribed by the ((state board ofeducation)) Washington professional educator standards board arerequired, for any grade, level, department, or position of the publicschools of the state. 27 Sec. RCW 18.118.010 and 1990 c 33 s 553 are each amended toread as follows: (1) The purpose of this chapter is to establish guidelines for theregulation of the real estate profession and other business professionswhich may seek legislation to substantially increase their scope ofpractice or the level of regulation of the profession, and for theregulation of business professions not licensed or regulated on July26, 1987: PROVIDED, That the provisions of this chapter are notintended and shall not be construed to: (a) Apply to any regulatoryentity created prior to July 26, 1987, except as provided in thischapter; (b) affect the powers and responsibilities of thesuperintendent of public instruction or ((state board of education))Washington professional educator standards board under RCW((28A.305.130)) 28A.410.210 and 28A.410.010; (c) apply to or interferein any way with the practice of religion or to any kind of treatment byprayer; (d) apply to any remedial or technical amendments to anystatutes which licensed or regulated activity before July 26, 1987; and(e) apply to proposals relating solely to continuing education. Thelegislature believes that all individuals should be permitted to enterinto a business profession unless there is an overwhelming need for thestate to protect the interests of the public by restricting entry intothe profession. Where such a need is identified, the regulationadopted by the state should be set at the least restrictive levelconsistent with the public interest to be protected. (2) It is the intent of this chapter that no regulation shall beimposed upon any business profession except for the exclusive purposeof protecting the public interest. All bills introduced in thelegislature to regulate a business profession for the first time shouldbe reviewed according to the following criteria. A business professionshould be regulated by the state only when: (a) Unregulated practice can clearly harm or endanger the health,safety, or welfare of the public, and the potential for the harm iseasily recognizable and not remote or dependent upon tenuous argument; (b) The public needs and can reasonably be expected to benefit froman assurance of initial and continuing professional ability; and (c) The public cannot be effectively protected by other means in amore costbeneficial manner. 28 (3) After evaluating the criteria in subsection (2) of this sectionand considering governmental and societal costs and benefits, if thelegislature finds that it is necessary to regulate a businessprofession not previously regulated by law, the least restrictivealternative method of regulation should be implemented, consistent withthe public interest and this section: (a) Where existing common law and statutory civil actions andcriminal prohibitions are not sufficient to eradicate existing harm,the regulation should provide for stricter civil actions and criminalprosecutions; (b) Where a service is being performed for individuals involving ahazard to the public health, safety, or welfare, the regulation shouldimpose inspection requirements and enable an appropriate state agencyto enforce violations by injunctive relief in court, including, but notlimited to, regulation of the business activity providing the servicerather than the employees of the business; (c) Where the threat to the public health, safety, or economicwellbeing is relatively small as a result of the operation of thebusiness profession, the regulation should implement a system ofregistration; (d) Where the consumer may have a substantial basis for relying onthe services of a practitioner, the regulation should implement asystem of certification; or (e) Where apparent that adequate regulation cannot be achieved bymeans other than licensing, the regulation should implement a system oflicensing.Sec. RCW 18.120.010 and 1990 c 33 s 554 are each amended toread as follows: (1) The purpose of this chapter is to establish guidelines for theregulation of health professions not licensed or regulated prior toJuly 24, 1983, and those licensed or regulated health professions whichseek to substantially increase their scope of practice: PROVIDED, Thatthe provisions of this chapter are not intended and shall not beconstrued to: (a) Apply to any regulatory entity created prior to July24, 1983, except as provided in this chapter; (b) affect the powers andresponsibilities of the superintendent of public instruction or ((stateboard of education)) Washington professional educator standards board 29 under RCW ((28A.305.130)) 28A.410.210 and 28A.410.010; (c) apply to orinterfere in any way with the practice of religion or to any kind oftreatment by prayer; and (d) apply to any remedial or technicalamendments to any statutes which licensed or regulated activity beforeJuly 24, 1983. The legislature believes that all individuals should bepermitted to enter into a health profession unless there is anoverwhelming need for the state to protect the interests of the publicby restricting entry into the profession. Where such a need isidentified, the regulation adopted by the state should be set at theleast restrictive level consistent with the public interest to beprotected. (2) It is the intent of this chapter that no regulation shall,after July 24, 1983, be imposed upon any health profession except forthe exclusive purpose of protecting the public interest. All billsintroduced in the legislature to regulate a health profession for thefirst time should be reviewed according to the following criteria. Ahealth profession should be regulated by the state only when: (a) Unregulated practice can clearly harm or endanger the health,safety, or welfare of the public, and the potential for the harm iseasily recognizable and not remote or dependent upon tenuous argument; (b) The public needs and can reasonably be expected to benefit froman assurance of initial and continuing professional ability; and (c) The public cannot be effectively protected by other means in amore costbeneficial manner. (3) After evaluating the criteria in subsection (2) of this sectionand considering governmental and societal costs and benefits, if thelegislature finds that it is necessary to regulate a health professionnot previously regulated by law, the least restrictive alternativemethod of regulation should be implemented, consistent with the publicinterest and this section: (a) Where existing common law and statutory civil actions andcriminal prohibitions are not sufficient to eradicate existing harm,the regulation should provide for stricter civil actions and criminalprosecutions; (b) Where a service is being performed for individuals involving ahazard to the public health, safety, or welfare, the regulation shouldimpose inspection requirements and enable an appropriate state agency 30 to enforce violations by injunctive relief in court, including, but notlimited to, regulation of the business activity providing the servicerather than the employees of the business; (c) Where the threat to the public health, safety, or economicwellbeing is relatively small as a result of the operation of thehealth profession, the regulation should implement a system ofregistration; (d) Where the consumer may have a substantial basis for relying onthe services of a practitioner, the regulation should implement asystem of certification; or (e) Where apparent that adequate regulation cannot be achieved bymeans other than licensing, the regulation should implement a system oflicensing.Sec. RCW 28A.410.032 and 1996 c 135 s 4 are each amended toread as follows: Teachers of visually impaired students shall be qualified accordingto rules adopted by the ((state board of education)) professionaleducator standards board.PART 3TRANSFER OF POWERS AND DUTIESNEW SECTION.Sec. (1) The state board of education asconstituted prior to the effective date of this section is herebyabolished and its powers, duties, and functions are hereby transferredto the state board of education as specified in this act. Allreferences to the director or the state board of education asconstituted prior to the effective date of this section in the RevisedCode of Washington shall be construed to mean the director or the stateboard of education as specified in this act. (2)(a) All reports, documents, surveys, books, records, files,papers, or written material in the possession of the state board ofeducation as constituted prior to the effective date of this sectionshall be delivered to the custody of the state board of education asspecified in this act. All cabinets, furniture, office equipment,motor vehicles, and other tangible property employed by the state boardof education as constituted prior to the effective date of this section 31 shall be made available to the state board of education as specified inthis act. All funds, credits, or other assets held by the state boardof education as constituted prior to the effective date of this sectionshall be assigned to the state board of education as specified in thisact. (b) Any appropriations made to the state board of education asconstituted prior to the effective date of this section shall, on theeffective date of this section, be transferred and credited to thestate board of education as specified in this act. (c) If any question arises as to the transfer of any personnel,funds, books, documents, records, papers, files, equipment, or othertangible property used or held in the exercise of the powers and theperformance of the duties and functions transferred, the director offinancial management shall make a determination as to the properallocation and certify the same to the state agencies concerned. (3) All employees of the state board of education as constitutedprior to the effective date of this section are transferred to thejurisdiction of the state board of education as specified in this act.All employees classified under chapter 41.06 RCW, the state civilservice law, are assigned to the state board of education as specifiedin this act to perform their usual duties upon the same terms asformerly, without any loss of rights, subject to any action that may beappropriate thereafter in accordance with the laws and rules governingstate civil service. (4) All rules and all pending business before the state board ofeducation as constituted prior to the effective date of this sectionshall be continued and acted upon by the state board of education asspecified in this act. All existing contracts and obligations shallremain in full force and shall be performed by the state board ofeducation as specified in this act. (5) The transfer of the powers, duties, functions, and personnel ofthe state board of education as constituted prior to the effective dateof this section shall not affect the validity of any act performedbefore the effective date of this section. (6) If apportionments of budgeted funds are required because of thetransfers directed by this section, the director of financialmanagement shall certify the apportionments to the agencies affected, 32 the state auditor, and the state treasurer. Each of these shall makethe appropriate transfer and adjustments in funds and appropriationaccounts and equipment records in accordance with the certification. (7) Nothing contained in this section may be construed to alter anyexisting collective bargaining unit or the provisions of any existingcollective bargaining agreement until the agreement has expired oruntil the bargaining unit has been modified by action of the personnelresources board as provided by law.NEW SECTION.Sec. (1) The academic achievement andaccountability commission is hereby abolished and its powers, duties,and functions are hereby transferred to the state board of education.All references to the director or the academic achievement andaccountability commission in the Revised Code of Washington shall beconstrued to mean the director or the state board of education. (2)(a) All reports, documents, surveys, books, records, files,papers, or written material in the possession of the academicachievement and accountability commission shall be delivered to thecustody of the state board of education. All cabinets, furniture,office equipment, motor vehicles, and other tangible property employedby the academic achievement and accountability commission shall be madeavailable to the state board of education. All funds, credits, orother assets held by the academic achievement and accountabilitycommission shall be assigned to the state board of education. (b) Any appropriations made to the academic achievement andaccountability commission shall, on the effective date of this section,be transferred and credited to the state board of education. (c) If any question arises as to the transfer of any funds, books,documents, records, papers, files, equipment, or other tangibleproperty used or held in the exercise of the powers and the performanceof the duties and functions transferred, the director of financialmanagement shall make a determination as to the proper allocation andcertify the same to the state agencies concerned. (3) All rules and all pending business before the academicachievement and accountability commission shall be continued and actedupon by the state board of education. All existing contracts andobligations shall remain in full force and shall be performed by thestate board of education. 33 (4) The transfer of the powers, duties, and functions of theacademic achievement and accountability commission shall not affect thevalidity of any act performed before the effective date of thissection. (5) If apportionments of budgeted funds are required because of thetransfers directed by this section, the director of financialmanagement shall certify the apportionments to the agencies affected,the state auditor, and the state treasurer. Each of these shall makethe appropriate transfer and adjustments in funds and appropriationaccounts and equipment records in accordance with the certification. (6) Nothing contained in this section may be construed to alter anyexisting collective bargaining unit or the provisions of any existingcollective bargaining agreement until the agreement has expired oruntil the bargaining unit has been modified by action of the personnelresources board as provided by law.PART 4MISCELLANEOUSNEW SECTION.Sec. The following acts or parts of acts as nowexisting or hereafter amended, are each repealed: RCW 28A.305.010 (Composition of board) and 1992 c 56 s 1, 1990c 33 s 257, 1988 c 255 s 1, 1980 c 179 s 1, & 1969 ex.s. c 223 s28A.04.010; RCW 28A.305.020 (Call and notice of elections) and 1990 c 33 s258, 1988 c 255 s 2, 1981 c 38 s 1, & 1969 ex.s. c 223 s 28A.04.020; RCW 28A.305.030 (Elections in new congressional districtsCalland conduct ofMember termsTransitional measures to reduce number ofmembers from each district) and 1992 c 56 s 3, 1990 c 33 s 259, 19821st ex.s. c 7 s 1, & 1969 ex.s. c 223 s 28A.04.030; RCW 28A.305.040 (Declarations of candidacyQualifications ofcandidatesMembers restricted from service on local boardsForfeitureof office) and 1990 c 33 s 260, 1982 1st ex.s. c 7 s 2, 1980 c 179 s 4,1975 1st ex.s. c 275 s 49, 1971 c 48 s 1, & 1969 ex.s. c 223 s28A.04.040; RCW 28A.305.050 (Qualifications of votersBallotsVotinginstructionsCandidates' biographical data) and 1990 c 33 s 261, 1988c 255 s 3, 1981 c 38 s 2, & 1969 ex.s. c 223 s 28A.04.050; 34 RCW 28A.305.060 (Election procedureCertificate) and 1990 c 33s 262, 1981 c 38 s 3, 1980 c 179 s 5, 1975 c 19 s 2, 1969 ex.s. c 283s 25, & 1969 ex.s. c 223 s 28A.04.060; RCW 28A.305.070 (Action to contest electionGroundsProcedure) and 1980 c 179 s 6 & 1975 c 19 s 1; RCW 28A.305.080 (Terms of office) and 1992 c 56 s 2, 1990 c 33s 263, & 1969 ex.s. c 223 s 28A.04.070; RCW 28A.305.090 (Vacancies, filling) and 1990 c 33 s 264 & 1969ex.s. c 223 s 28A.04.080; RCW 28A.305.100 (Superintendent as ex officio member and chiefexecutive officer of board) and 1982 c 160 s 1 & 1969 ex.s. c 223 s28A.04.090; RCW 28A.305.110 (Executive directorSecretary of board) and1996 c 25 s 1, 1990 c 33 s 265, 1982 c 160 s 3, & 1969 ex.s. c 223 s28A.04.100; RCW 28A.305.120 (MeetingsCompensation and travel expenses ofmembers) and 1984 c 287 s 60, 1975'76 2nd ex.s. c 34 s 67, 1973 c 106s 13, & 1969 ex.s. c 223 s 28A.04.110; RCW 28A.305.200 (Seal) and 1969 ex.s. c 223 s 28A.04.140; and RCW 28A.300.130 (Center for the improvement of studentlearningEducational improvement and researchClearinghouse foracademic achievement and accountability commission and for informationregarding educational improvement and parental involvement programs)and 1999 c 388 s 401, 1996 c 273 s 5, 1993 c 336 s 501, & 1986 c 180 s1.NEW SECTION.Sec. The following acts or parts of acts areeach repealed: RCW 28A.655.020 (Academic achievement and accountabilitycommission) and 1999 c 388 s 101; RCW 28A.655.030 (Essential academic learning requirements andassessmentsDuties of the academic achievement and accountabilitycommission) and 2004 c 19 s 205, 2002 c 37 s 1, & 1999 c 388 s 102; and RCW 28A.655.900 (Transfer of powers, duties, and functions) and1999 c 388 s 502.Sec. RCW 28A.300.020 and 1996 c 25 s 2 are each amended toread as follows: 35 The superintendent of public instruction may appoint assistantsuperintendents of public instruction, a deputy superintendent ofpublic instruction, and may employ such other assistants and clericalhelp as are necessary to carry out the duties of the superintendent andthe state board of education. However, the superintendent shall employwithout undue delay the executive director of the state board ofeducation and other state board of education office assistants andclerical help, appointed by the state board under RCW ((28A.305.110))28A.305.130, whose positions are allotted and funded in accordance withmoneys appropriated exclusively for the operation of the state board ofeducation. The rate of compensation and termination of any suchexecutive director, state board office assistants, and clerical helpshall be subject to the prior consent of the state board of education.The assistant superintendents, deputy superintendent, and such otherofficers and employees as are exempted from the provisions of chapter41.06 RCW, shall serve at the pleasure of the superintendent or at thepleasure of the superintendent and the state board of education asprovided in this section. Expenditures by the superintendent of publicinstruction for direct and indirect support of the state board ofeducation are valid operational expenditures by and in behalf of theoffice of the superintendent of public instruction.Sec. RCW 28A.310.110 and 1990 c 33 s 272 are each amended toread as follows: Any common school district board member eligible to vote for acandidate for membership on an educational service district or anycandidate for the position, within ten days after the secretary to thestate board of education's certification of election, may contest theelection of the candidate pursuant to chapter 29A.68 RCW((28A.305.070)).Sec. RCW 28A.315.085 and 1999 c 315 s 206 are each amended toread as follows: (1) The superintendent of public instruction shall furnish to thestate board and to regional committees the services of employedpersonnel and the materials and supplies necessary to enable them toperform the duties imposed upon them by this chapter and shallreimburse the members thereof for expenses necessarily incurred by them 36 in the performance of their duties, such reimbursement for regionalcommittee members to be in accordance with RCW 28A.315.155, and suchreimbursement for state board members to be in accordance with ((RCW28A.305.120)) section 101 of this act. (2) Costs that may be incurred by an educational service districtin association with school district negotiations under RCW 28A.315.195and supporting the regional committee under RCW 28A.315.205 shall bereimbursed by the state from such funds as are appropriated for thesepurposes.NEW SECTION.Sec. The professional educator standards boardshall conduct a comprehensive analysis of the strengths and weaknessesof Washington's educator and administrator certification andpreparation systems, and by December 1, 2005, transmit its findings andany recommendations to the legislative committees on education, thesuperintendent of public instruction, the state board of education, andthe governor. The board shall use the analysis to develop a planningdocument to guide the assumption of policy and rulemaking authorityresponsibilities for educator and administrator preparation andcertification, consistent with the board's purpose.NEW SECTION.Sec. A joint subcommittee of the earlylearning, K12 and higher education committee of the senate and theeducation committee of the house of representatives, in collaborationwith the state board of education, school directors, administrators,principals, the superintendent of public instruction, parents,teachers, and other interested parties, shall review the statutoryduties of the state board of education held before the effective dateof this section, except the duties for educator certification that havebeen transferred to the professional educator standards board.Recommendations shall be reported to the early learning, K12 andhigher education committee of the senate and the education committee ofthe house of representatives by December 15, 2005.NEW SECTION.Sec. Part headings used in this act are not anypart of the law. 37 NEW SECTION.Sec. Sections 101, 103, 105, 106, 201 through220, 301, 401, and 403 through 405 of this act take effect January 1,2006.NEW SECTION.Sec. Sections 104, 302, 402, and 406 through408 of this act are necessary for the immediate preservation of thepublic peace, health, or safety, or support of the state government andits existing public institutions, and take effect July 1, 2005.NEW SECTION.Sec. Section 102 of this act is necessary forthe immediate preservation of the public peace, health, or safety, orsupport of the state government and its existing public institutions,and takes effect immediately.ESSB 5732H AMDBy Representative McDermottADOPTED AS AMENDED 04/15/2005 On page 1, line 4 of the title, after commission; strike theremainder of the title and insert amending RCW 28A.305.130,28A.505.210, 28A.655.070, 28A.410.210, 28A.410.200, 28A.410.010,28A.410.040, 28A.410.050, 28A.410.060, 28A.410.100, 28A.410.120,28A.415.023, 28A.415.060, 28A.415.205, 28A.150.060, 28A.170.080,28A.205.010, 28A.205.050, 28A.405.210, 28B.10.140, 18.118.010,18.120.010, 28A.410.032, 28A.300.020, 28A.310.110, and 28A.315.085;adding new sections to chapter 28A.305 RCW; creating new sections;repealing RCW 28A.305.010, 28A.305.020, 28A.305.030, 28A.305.040,28A.305.050, 28A.305.060, 28A.305.070, 28A.305.080, 28A.305.090,28A.305.100, 28A.305.110, 28A.305.120, 28A.305.200, 28A.300.130,28A.655.020, 28A.655.030, and 28A.655.900; providing effective dates;and declaring an emergency.--- END --- 38