3127-S.EAMSMCAUS5907.4ESHB 3127S AMD409By Senators McAuliffe, SchmidtADOPTED 03/08/2006 Strike everything after the enacting clause and insert thefollowing:NEW SECTION.Sec. The legislature finds that expandingactivity in educational research, educational restructuring, andeducational improvement initiatives has produced and continues toproduce much valuable information. The legislature finds that suchinformation should be shared with the citizens and educationalcommunity of the state as widely as possible. The legislature furtherfinds that students and schools benefit from increased parental,guardian, and community involvement in education and increasedknowledge of and input regarding the delivery of public education. Thelegislature further finds that increased community involvement with,knowledge of, and input regarding the public education system isparticularly needed in lowincome and ethnic minority communities. The legislature finds that the center for the improvement ofstudent learning, created by the legislature in 1993 under the auspicesof the superintendent of public instruction, has not been allocatedfunding since the 20012003 biennium, and in effect no longer exists.It is the intent of the legislature to reactivate the center for theimprovement of student learning, and to create an educational ombudsmanto increase parent, guardian, and community involvement in publiceducation and to serve as a resource for parents and students and as anadvocate for students in the public education system.Sec. RCW 28A.300.130 and 1999 c 388 s 401 are each amended toread as follows: (1) ((Expanding activity in educational research, educationalrestructuring, and educational improvement initiatives has produced andcontinues to produce much valuable information. The legislature findsthat such information should be shared with the citizens and Official Print - 1 educational community of the state as widely as possible.)) Tofacilitate access to information and materials on educationalimprovement and research, the superintendent of public instruction, tothe extent funds are appropriated, shall establish the center for theimprovement of student learning. ((The primary purpose of the centeris to provide assistance and advice to parents, school board members,educators, and the public regarding strategies for assisting studentsin learning the essential academic learning requirements pursuant toRCW 28A.630.885.)) The center shall work in conjunction with ((theacademic achievement and accountability commission)) parents,educational service districts, institutions of higher education, andeducation, parent, community, and business organizations. (2) The center, in conjunction with other staff in the office ofthe superintendent of public instruction, shall: (a) ((Serve as a clearinghouse for the completed work andactivities of the academic achievement and accountability commission; (b))) Serve as a clearinghouse for information regarding successfuleducational improvement and parental involvement programs in schoolsand districts, and information about efforts within institutions ofhigher education in the state to support educational improvementinitiatives in Washington schools and districts; (((c))) (b) Provide best practices research ((and advice)) that canbe used to help schools develop and implement: Programs and practicesto improve instruction ((of the essential academic learningrequirements under section 701 of this act)); systems to analyzestudent assessment data, with an emphasis on systems that will combinethe use of state and local data to monitor the academic progress ofeach and every student in the school district; comprehensive, schoolwide improvement plans; schoolbased shared decisionmaking models;programs to promote lifelong learning and community involvement ineducation; schoolto work transition programs; programs to meet theneeds of highly capable students; programs and practices to meet thediverse needs of students based on gender, racial, ethnic, economic,and special needs status; research, information, and technologysystems; and other programs and practices that will assist educators inhelping students learn the essential academic learning requirements; (((d) Develop and distribute, in conjunction with the academicachievement and accountability commission, parental involvement Official Print - 2 materials, including instructional guides developed to inform parentsof the essential academic learning requirements. The instructionalguides also shall contain actions parents may take to assist theirchildren in meeting the requirements, and should focus on reachingparents who have not previously been involved with their children'seducation; (e) Identify obstacles to greater parent and community involvementin school shared decisionmaking processes and recommend strategies forhelping parents and community members to participate effectively inschool shared decisionmaking processes, including understanding andrespecting the roles of school building administrators and staff; (f))) (c) Develop and maintain an internet web site to increase theavailability of information, research, and other materials; (((g) Take other actions to increase public awareness of theimportance of parental and community involvement in education; (h))) (d) Work with appropriate organizations to inform teachers,district and school administrators, and school directors about thewaivers available and the broadened school board powers under RCW28A.320.015; (((i))) (e) Provide training and consultation services, includingconducting regional summer institutes; (((j) Address methods for improving the success rates of certainethnic and racial student groups)) (f) Identify strategies forimproving the success rates of ethnic and racial student groups withdisproportionate academic achievement; (g) Work with parents, teachers, and school districts inestablishing a model absentee notification procedure that will properlynotify parents when their student has not attended a class or hasmissed a school day. The office of the superintendent of publicinstruction shall consider various types of communication with parentsincluding, but not limited to, electronic mail, phone, and postal mail;and (((k))) (h) Perform other functions consistent with the purpose ofthe center as prescribed in subsection (1) of this section. (3) The superintendent of public instruction((, after consultationwith the academic achievement and accountability commission,)) shallselect and employ a director for the center. Official Print - 3 (4) The superintendent may enter into contracts with individuals ororganizations including but not limited to: School districts;educational service districts; educational organizations; teachers;higher education faculty; institutions of higher education; stateagencies; business or communitybased organizations; and otherindividuals and organizations to accomplish the duties andresponsibilities of the center. In carrying out the duties andresponsibilities of the center, the superintendent, whenever possible,shall use practitioners to assist agency staff as well as assisteducators and others in schools and districts. (5) The office of the superintendent of public instruction shallreport to the legislature by September 1, 2007, and thereafterbiennially, regarding the effectiveness of the center for improvementof student learning, how the services provided by the center forimprovement of student learning have been used and by whom, andrecommendations to improve the accessibility and application ofknowledge and information that leads to improved student learning andgreater family and community involvement in the public educationsystem.NEW SECTION.Sec. (1) There is hereby created the office ofthe education ombudsman within the office of the governor for thepurposes of providing information to parents, students, and othersregarding their rights and responsibilities with respect to the state'spublic elementary and secondary education system, and advocating onbehalf of elementary and secondary students. (2)(a) The governor shall appoint an ombudsman who shall be aperson of recognized judgment, independence, objectivity, and integrityand shall be qualified by training or experience or both in thefollowing areas: (i) Public education law and policy in this state; (ii) Dispute resolution or problem resolution techniques, includingmediation and negotiation; and (iii) Community outreach. (b) The education ombudsman may not be an employee of any schooldistrict, the office of the superintendent of public instruction, orthe state board of education while serving as an education ombudsman. Official Print - 4 (3) Before the appointment of the education ombudsman, the governorshall share information regarding the appointment to a sixpersonlegislative committee appointed and comprised as follows: (a) The committee shall consist of three senators and three membersof the house of representatives from the legislature. (b) The senate members of the committee shall be appointed by thepresident of the senate. Two members shall represent the majoritycaucus and one member the minority caucus. (c) The house of representatives members of the committee shall beappointed by the speaker of the house of representatives. Two membersshall represent the majority caucus and one member the minority caucus. (4) If sufficient appropriations are provided, the educationombudsman shall delegate and certify regional education ombudsmen. Theeducation ombudsman shall ensure that the regional ombudsmen selectedare appropriate to the community in which they serve and hold the samequalifications as in subsection (2)(a) of this section. The educationombudsman may not contract with the superintendent of publicinstruction, or any school, school district, or current employee of aschool, school district, or the office of the superintendent of publicinstruction for the provision of regional ombudsman services.NEW SECTION.Sec. The education ombudsman shall have thefollowing powers and duties: (1) To develop parental involvement materials, includinginstructional guides developed to inform parents of the essentialacademic learning requirements required by the superintendent of publicinstruction. The instructional guides also shall contain actionsparents may take to assist their children in meeting the requirements,and should focus on reaching parents who have not previously beeninvolved with their children's education; (2) To provide information to students, parents, and interestedmembers of the public regarding this state's public elementary andsecondary education system; (3) To identify obstacles to greater parent and communityinvolvement in school shared decision-making processes and recommendstrategies for helping parents and community members to participateeffectively in school shared decision-making processes, including Official Print - 5 understanding and respecting the roles of school buildingadministrators and staff; (4) To identify and recommend strategies for improving the successrates of ethnic and racial student groups with disproportionateacademic achievement; (5) To refer complainants and others to appropriate resources,agencies, or departments; (6) To facilitate the resolution of complaints made by parents andstudents with regard to the state's public elementary and secondaryeducation system; (7) To perform such other functions consistent with the purpose ofthe education ombudsman; and (8) To consult with representatives of the following organizationsand groups regarding the work of the office of the education ombudsman,including but not limited to: (a) The state parent teacher association; (b) Certificated and classified school employees; (c) School and school district administrators; (d) Parents of special education students; (e) Parents of English language learners; (f) The Washington state commission on Hispanic affairs; (g) The Washington state commission on AfricanAmerican affairs; (h) The Washington state commission on Asian Pacific Americanaffairs; and (i) The governor's office of Indian affairs.NEW SECTION.Sec. (1) Neither the education ombudsman nor anyregional educational ombudsmen are liable for good faith performance ofresponsibilities under this chapter. (2) No discriminatory, disciplinary, or retaliatory action may betaken against any student or employee of any school district, theoffice of the superintendent of public education, or the state board ofeducation, for any communication made, or information given ordisclosed, to aid the education ombudsman in carrying out his or herduties and responsibilities, unless the same was done without goodfaith or maliciously. This subsection is not intended to infringe uponthe rights of a school district to supervise, discipline, or terminate Official Print - 6 an employee for other reasons or to discipline a student for otherreasons. (3) All communications by the education ombudsman or theombudsman's staff or designee, if reasonably related to the educationombudsman's duties and responsibilities and done in good faith, areprivileged and that privilege shall serve as a defense to any action inlibel or slander.NEW SECTION.Sec. The education ombudsman shall treat allmatters, including the identities of students, complainants, andindividuals from whom information is acquired, as confidential, exceptas necessary to enable the education ombudsman to perform the duties ofthe office. Upon receipt of information that by law is confidential orprivileged, the ombudsman shall maintain the confidentiality of suchinformation and shall not further disclose or disseminate theinformation except as provided by applicable state or federal law.NEW SECTION.Sec. The education ombudsman shall report on thework and accomplishment of the office and advise and makerecommendations to the governor, the legislature, and the state boardof education annually. The initial report to the governor, thelegislature, and the state board of education shall be made bySeptember 1, 2007, and there shall be annual reports by September 1steach year thereafter. The annual reports shall provide at least thefollowing information: (1) How the education ombudsman's services have been used and bywhom; (2) Methods for the education ombudsman to increase and enhancefamily and community involvement in public education; (3) Recommendations to eliminate barriers and obstacles tomeaningful family and community involvement in public education; and (4) Strategies to improve the educational opportunities for allstudents in the state, including recommendations from organizations andgroups provided in section 4(8) of this act.NEW SECTION.Sec. Sections 3 through 7 of this act constitutea new chapter in Title 43 RCW. Official Print - 7 NEW SECTION.Sec. If specific funding for the purposes of thisact and section 2 of this act, referencing this act and section 2 ofthis act by bill or chapter number and section number, is not providedby June 30, 2006, in the omnibus appropriations act, section 2 of thisact is null and void.ESHB 3127S AMDBy Senators McAuliffe, SchmidtADOPTED 03/08/2006 On page 1, line 1 of the title, after education; strike theremainder of the title and insert amending RCW 28A.300.130; adding anew chapter to Title 43 RCW; and creating new sections.--- END --- Official Print - 8