BILL REQ. #: H-3986.2
| State of Washington | 60th Legislature | 2008 Regular Session |
Read first time 01/16/08. Referred to Committee on Education.
AN ACT Relating to recodifying the state's educational obligations under Article IX, sections 1 and 2 of the state Constitution; amending RCW 28A.150.200, 28A.150.220, 28A.150.205, 28A.150.380, 28A.150.040, 28A.150.060, 28A.150.100, 28A.150.230, 28A.150.250, 28A.150.260, 28A.150.262, 28A.150.290, 28A.150.350, 28A.150.390, 28A.150.400, 28A.150.410, 28A.155.010, 28A.155.020, 28A.155.040, 28A.155.090, 28A.155.100, 28A.160.130, 28A.185.020, 28A.195.010, 28A.225.010, 28A.225.115, 28A.225.200, 28A.230.010, 28A.305.035, 28A.305.130, 28A.305.140, 28A.305.215, 28A.320.240, 28A.335.030, 28A.340.060, 28A.400.200, 28A.400.205, 28A.410.210, 28A.415.310, 28A.600.310, 28A.600.405, 28A.655.010, 28A.655.070, 28A.655.110, 39.35D.020, 41.59.935, 74.09.5256, 84.33.010, 84.52.0531, and 84.52.0531; reenacting and amending RCW 28A.150.370, 28A.320.330, and 28A.415.023; adding a new chapter to Title 28A RCW; recodifying RCW 28A.150.200, 28A.150.210, 28A.150.211, 28A.150.220, 28A.150.250, 28A.150.260, 28A.150.205, 28A.150.060, 28A.150.100, 28A.150.410, 28A.150.230, 28A.150.240, 28A.150.350, 28A.150.370, 28A.150.390, 28A.150.280, 28A.150.270, 28A.150.275, 28A.150.290, 28A.150.400, 28A.150.360, and 28A.150.420; providing an effective date; and providing an expiration date.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
NEW SECTION. Sec. 1 (1) In 1977, the legislature adopted the
Washington basic education act of 1977 to set forth an education
program that complies with the requirements of Article IX, sections 1
and 2 of the state Constitution. Subsequently, the courts have held
that the state's obligations under Article IX include the provision of
several programs in addition to the program contained in the Washington
basic education act of 1977. In particular in 1983, Thurston county
superior court Judge Robert J. Doran in Seattle School District No. 1
v. State, Thurston Co. Superior Court No. 81-2-1713-1 (1983),
identified a number of additional programs that fall within the state's
obligations under Article IX of the state Constitution. Since 1983,
the legislature has proceeded as though the programs identified by
Judge Doran are included in the state's obligations under Article IX.
(2) However, the legislature has not made reference within state
statutes to the relationship of other court-identified programs to the
state's constitutional obligations. Programs provided with the intent
of complying with Article IX, sections 1 and 2 of the state
Constitution have come to be collectively described as "basic
education," even though statutory references to basic education tend to
refer to the education program adopted under the Washington basic
education act of 1977. The legislature's interpretation of its
constitutional obligations regarding a basic education is not
immediately apparent in the statutes.
(3) Therefore, the purpose of this act is to set forth in a
separate chapter, through recodification and cross-reference and solely
for purposes of clarity, those statutes and programs the courts have
held to be included in the state's constitutional obligations under
Article IX, sections 1 and 2 of the state Constitution. For further
clarity and ease of reference, this act recodifies within the new
chapter certain sections of law that are administrative in nature and
necessary for implementation of the state's obligations.
(4) This act does not expand, diminish, or alter the state's
obligations under Article IX of the state Constitution.
Sec. 101 RCW 28A.150.200 and 1990 c 33 s 104 are each amended to
read as follows:
((This 1977 amendatory act)) Chapter 359, Laws of 1977 ex. sess.
shall be known and may be cited as "the Washington basic education act
of 1977." The program evolving from the basic education act shall
include (1) the goal of the school system as defined in RCW 28A.150.210
(as recodified by this act), (2) those program requirements enumerated
in RCW 28A.150.220 (as recodified by this act), and (3) the
determination and distribution of state resources as defined in RCW
28A.150.250 and 28A.150.260 (as recodified by this act).
The requirements of the basic education act are deemed by the
legislature to comply with the requirements of Article IX, section 1 of
the state Constitution, which states that "It is the paramount duty of
the state to make ample provision for the education of all children
residing within its borders, without distinction or preference on
account of race, color, caste, or sex," and are adopted pursuant to
Article IX, section 2 of the state Constitution, which states that "The
legislature shall provide for a general and uniform system of public
schools."
Sec. 102 RCW 28A.150.220 and 1993 c 371 s 2 are each amended to
read as follows:
(1) Satisfaction of the basic education program requirements
identified in RCW 28A.150.210 (as recodified by this act) shall be
considered to be implemented by the following program:
(a) Each school district shall make available to students enrolled
in kindergarten at least a total instructional offering of four hundred
fifty hours. The program shall include instruction in the essential
academic learning requirements ((under RCW 28A.630.885)) and such other
subjects and such activities as the school district shall determine to
be appropriate for the education of the school district's students
enrolled in such program;
(b) Each school district shall make available to students enrolled
in grades one through twelve, at least a district-wide annual average
total instructional hour offering of one thousand hours. The state
board of education may define alternatives to classroom instructional
time for students in grades nine through twelve enrolled in alternative
learning experiences. The state board of education shall establish
rules to determine annual average instructional hours for districts
including fewer than twelve grades. The program shall include the
essential academic learning requirements ((under RCW 28A.630.885)) and
such other subjects and such activities as the school district shall
determine to be appropriate for the education of the school district's
students enrolled in such group;
(c) If the essential academic learning requirements include a
requirement of languages other than English, the requirement may be met
by students receiving instruction in one or more American Indian
languages.
(2) Nothing contained in subsection (1) of this section shall be
construed to require individual students to attend school for any
particular number of hours per day or to take any particular courses.
(3) Each school district's kindergarten through twelfth grade basic
educational program shall be accessible to all students who are five
years of age, as provided by RCW 28A.225.160, and less than twenty-one
years of age and shall consist of a minimum of one hundred eighty
school days per school year in such grades as are conducted by a school
district, and one hundred eighty half-days of instruction, or
equivalent, in kindergarten: PROVIDED, That effective May 1, 1979, a
school district may schedule the last five school days of the one
hundred and eighty day school year for noninstructional purposes in the
case of students who are graduating from high school, including, but
not limited to, the observance of graduation and early release from
school upon the request of a student, and all such students may be
claimed as a full time equivalent student to the extent they could
otherwise have been so claimed for the purposes of RCW 28A.150.250 and
28A.150.260 (as recodified by this act).
(4) The state board of education shall adopt rules to implement and
ensure compliance with the program requirements imposed by this
section, RCW 28A.150.250 and 28A.150.260 (as recodified by this act),
and such related supplemental program approval requirements as the
state board may establish.
NEW SECTION. Sec. 103 In addition to the basic education program
identified under RCW 28A.150.220 (as recodified by this act):
(1) Each school district shall make available to all eligible
students with disabilities as defined in RCW 28A.155.020 the
opportunity for an appropriate education at public expense as defined
by RCW 28A.155.020;
(2) As provided by RCW 28A.160.150 through 28A.160.180, each school
district shall make available to eligible students transportation
services and transportation to and from school;
(3) Each school district participating in the learning assistance
program, as set forth in chapter 28A.165 RCW, shall provide a program
to participating students that complies with the requirements of
chapter 28A.165 RCW;
(4) Each school district shall make available to each eligible and
enrolled student, transitional bilingual instruction as provided by RCW
28A.180.010 through 28A.180.080; and
(5) Each school district under RCW 28A.190.030 shall conduct a
program of education as provided by chapter 28A.190 RCW for students in
residential schools as defined by RCW 28A.190.020 and for juveniles in
detention facilities as identified by RCW 28A.190.010.
Sec. 104 RCW 28A.150.205 and 1992 c 141 s 502 are each amended to
read as follows:
Unless the context clearly requires otherwise, the definition in
this section applies throughout RCW ((28A.150.200 through 28A.150.295))
28A.150.220 and 28A.150.230 (as recodified by this act).
"Instructional hours" means those hours students are provided the
opportunity to engage in educational activity planned by and under the
direction of school district staff, as directed by the administration
and board of directors of the district, inclusive of intermissions for
class changes, recess, and teacher/
Sec. 105 RCW 28A.150.370 and 1995 c 335 s 102 and 1995 c 77 s 5
are each reenacted and amended to read as follows:
(1) The legislature shall, at each regular session in an odd-numbered year, appropriate from the state general fund for the current
use of the common schools such amounts as needed for state support to
the common schools during the ensuing biennium as provided in this
chapter, RCW 28A.160.150 through 28A.160.210, 28A.300.170, and
28A.500.010.
(2) In addition to those state funds provided to school districts
for basic education, the legislature shall appropriate funds for pupil
transportation, in accordance with this chapter, RCW 28A.160.150
through 28A.160.210, 28A.300.035, 28A.300.170, and 28A.500.010, and for
special education programs for students with disabilities, in
accordance with RCW 28A.155.010 through 28A.155.100. The legislature
may appropriate funds to be distributed to school districts for
population factors such as urban costs, enrollment fluctuations and for
special programs, including but not limited to, vocational-technical
institutes, compensatory programs, bilingual education, urban, rural,
racial and disadvantaged programs, programs for gifted students, and
other special programs.
NEW SECTION. Sec. 106 (1) The legislature and the state supreme
court have found that chapter 28A.193 RCW, rather than the basic
education act, fully satisfies any duty under Article IX of the state
Constitution to provide education programs for individuals under the
age of eighteen who are incarcerated in adult correctional facilities.
The purpose of this section is solely to acknowledge this
constitutional obligation. Programs for juvenile inmates are included
in this chapter solely for ease of reference.
(2) Each education provider under chapter 28A.193 RCW shall provide
a program of education to eligible and participating juvenile inmates
in adult correctional facilities as provided by chapter 28A.193 RCW.
Sec. 107 RCW 28A.150.380 and 2001 c 3 s 10 are each amended to
read as follows:
(((1) The state legislature shall, at each regular session in an
odd-numbered year, appropriate from the state general fund for the
current use of the common schools such amounts as needed for state
support to the common schools during the ensuing biennium as provided
in this chapter, RCW 28A.160.150 through 28A.160.210, 28A.300.170, and
28A.500.010.)) The state legislature shall ((
(2)also)), at each regular session
in an odd-numbered year, appropriate from the student achievement fund
and education construction fund solely for the purposes of and in
accordance with the provisions of the student achievement act during
the ensuing biennium.
Sec. 201 RCW 28A.150.040 and 1990 c 33 s 101 are each amended to
read as follows:
The school year shall begin on the first day of September and end
with the last day of August: PROVIDED, That any school district may
elect to commence the minimum annual school term as required under RCW
28A.150.220 (as recodified by this act) in the month of August of any
calendar year and in such case the operation of a school district for
such period in August shall be credited by the superintendent of public
instruction to the succeeding school year for the purpose of the
allocation and distribution of state funds for the support of such
school district.
Sec. 202 RCW 28A.150.060 and 2005 c 497 s 212 are each amended to
read as follows:
The term "certificated employee" as used in RCW 28A.195.010,
28A.150.060 (as recodified by this act), 28A.150.260 (as recodified by
this act), 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 of the
Washington professional educator standards board or the superintendent
of public instruction.
Sec. 203 RCW 28A.150.100 and 1990 c 33 s 103 are each amended to
read as follows:
(1) For the purposes of this section and RCW 28A.150.410 (as
recodified by this act) and 28A.400.200, "basic education certificated
instructional staff" shall mean all full time equivalent certificated
instructional staff in the following programs as defined for statewide
school district accounting purposes: Basic education, secondary
vocational education, general instructional support, and general
supportive services.
(2) In the 1988-89 school year and thereafter, each school district
shall maintain a ratio of at least forty-six basic education
certificated instructional staff to one thousand annual average full
time equivalent students.
Sec. 204 RCW 28A.150.230 and 2006 c 263 s 201 are each amended to
read as follows:
(1) It is the intent and purpose of this section to guarantee that
each common school district board of directors, whether or not acting
through its respective administrative staff, be held accountable for
the proper operation of their district to the local community and its
electorate. In accordance with the provisions of Title 28A RCW, ((as
now or hereafter amended,)) each common school district board of
directors shall be vested with the final responsibility for the setting
of policies ensuring quality in the content and extent of its
educational program and that such program provide students with the
opportunity to achieve those skills which are generally recognized as
requisite to learning.
(2) In conformance with the provisions of Title 28A RCW, ((as now
or hereafter amended,)) it shall be the responsibility of each common
school district board of directors to adopt policies to:
(a) Establish performance criteria and an evaluation process for
its certificated personnel, including administrative staff, and for all
programs constituting a part of such district's curriculum;
(b) Determine the final assignment of staff, certificated or
classified, according to board enumerated classroom and program needs;
(c) Determine the amount of instructional hours necessary for any
student to acquire a quality education in such district, in not less
than an amount otherwise required in RCW 28A.150.220 (as recodified by
this act), or rules of the state board of education;
(d) Determine the allocation of staff time, whether certificated or
classified;
(e) Establish final curriculum standards consistent with law and
rules of the superintendent of public instruction, relevant to the
particular needs of district students or the unusual characteristics of
the district, and ensuring a quality education for each student in the
district; and
(f) Evaluate teaching materials, including text books, teaching
aids, handouts, or other printed material, in public hearing upon
complaint by parents, guardians or custodians of students who consider
dissemination of such material to students objectionable.
Sec. 205 RCW 28A.150.250 and 1990 c 33 s 107 are each amended to
read as follows:
From those funds made available by the legislature for the current
use of the common schools, the superintendent of public instruction
shall distribute annually as provided in RCW 28A.510.250 to each school
district of the state operating a program approved by the state board
of education an amount which, when combined with an appropriate portion
of such locally available revenues, other than receipts from federal
forest revenues distributed to school districts pursuant to RCW
28A.520.010 and 28A.520.020, as the superintendent of public
instruction may deem appropriate for consideration in computing state
equalization support, excluding excess property tax levies, will
constitute a basic education allocation in dollars for each annual
average full time equivalent student enrolled, based upon one full
school year of one hundred eighty days, except that for kindergartens
one full school year shall be one hundred eighty half days of
instruction, or the equivalent as provided in RCW 28A.150.220 (as
recodified by this act).
Basic education shall be considered to be fully funded by those
amounts of dollars appropriated by the legislature pursuant to RCW
28A.150.250 and 28A.150.260 (as recodified by this act) to fund those
program requirements identified in RCW 28A.150.220 (as recodified by
this act) in accordance with the formula and ratios provided in RCW
28A.150.260 (as recodified by this act) and those amounts of dollars
appropriated by the legislature to fund the salary requirements of RCW
28A.150.100 and 28A.150.410 (as recodified by this act).
Operation of a program approved by the state board of education,
for the purposes of this section, shall include a finding that the
ratio of students per classroom teacher in grades kindergarten through
three is not greater than the ratio of students per classroom teacher
in grades four and above for such district: PROVIDED, That for the
purposes of this section, "classroom teacher" shall be defined as an
instructional employee possessing at least a provisional certificate,
but not necessarily employed as a certificated employee, whose primary
duty is the daily educational instruction of students: PROVIDED
FURTHER, That the state board of education shall adopt rules ((and
regulations)) to insure compliance with the student/teacher ratio
provisions of this section, and such rules ((and regulations)) shall
allow for exemptions for those special programs and/or school districts
which may be deemed unable to practicably meet the student/teacher
ratio requirements of this section by virtue of a small number of
students.
If a school district's basic education program fails to meet the
basic education requirements enumerated in RCW 28A.150.250,
28A.150.260, and 28A.150.220 (as recodified by this act), the state
board of education shall require the superintendent of public
instruction to withhold state funds in whole or in part for the basic
education allocation until program compliance is assured: PROVIDED,
That the state board of education may waive this requirement in the
event of substantial lack of classroom space.
Sec. 206 RCW 28A.150.260 and 2006 c 263 s 322 are each amended to
read as follows:
The basic education allocation for each annual average full-time
equivalent student shall be determined in accordance with the following
procedures:
(1) The governor shall and the superintendent of public instruction
may recommend to the legislature a formula based on a ratio of students
to staff for the distribution of a basic education allocation for each
annual average full-time equivalent student enrolled in a common
school. The distribution formula shall have the primary objective of
equalizing educational opportunities and shall provide appropriate
recognition of the following costs among the various districts within
the state:
(a) Certificated instructional staff and their related costs;
(b) Certificated administrative staff and their related costs;
(c) Classified staff and their related costs;
(d) Nonsalary costs;
(e) Extraordinary costs, including school facilities, of remote and
necessary schools as judged by the superintendent of public
instruction, with recommendations from the school facilities citizen
advisory panel under RCW 28A.525.025, and small high schools, including
costs of additional certificated and classified staff; and
(f) The attendance of students pursuant to RCW 28A.335.160 and
28A.225.250 who do not reside within the servicing school district.
(2)(a) This formula for distribution of basic education funds shall
be reviewed biennially by the superintendent and governor. The
recommended formula shall be subject to approval, amendment or
rejection by the legislature. The formula shall be for allocation
purposes only. While the legislature intends that the allocations for
additional instructional staff be used to increase the ratio of such
staff to students, nothing in this section shall require districts to
reduce the number of administrative staff below existing levels.
(b) The formula adopted by the legislature shall reflect the
following ratios at a minimum: (i) Forty-nine certificated
instructional staff to one thousand annual average full-time equivalent
students enrolled in grades kindergarten through three; (ii) forty-six
certificated instructional staff to one thousand annual average full-
time equivalent students in grades four through twelve; (iii) four
certificated administrative staff to one thousand annual average full-
time equivalent students in grades kindergarten through twelve; and
(iv) sixteen and sixty-seven one-hundredths classified personnel to one
thousand annual average full-time equivalent students enrolled in
grades kindergarten through twelve.
(c) In the event the legislature rejects the distribution formula
recommended by the governor, without adopting a new distribution
formula, the distribution formula for the previous school year shall
remain in effect: PROVIDED, That the distribution formula developed
pursuant to this section shall be for state apportionment and
equalization purposes only and shall not be construed as mandating
specific operational functions of local school districts other than
those program requirements identified in RCW 28A.150.220 and
28A.150.100 (as recodified by this act). The enrollment of any
district shall be the annual average number of full-time equivalent
students and part-time students as provided in RCW 28A.150.350 (as
recodified by this act), enrolled on the first school day of each month
and shall exclude full-time equivalent students with disabilities
recognized for the purposes of allocation of state funds for programs
under RCW 28A.155.010 through 28A.155.100. The definition of full-time
equivalent student shall be determined by rules of the superintendent
of public instruction: PROVIDED, That the definition shall be included
as part of the superintendent's biennial budget request: PROVIDED,
FURTHER, That any revision of the present definition shall not take
effect until approved by the house appropriations committee and the
senate ways and means committee: PROVIDED, FURTHER, That the office of
financial management shall make a monthly review of the
superintendent's reported full-time equivalent students in the common
schools in conjunction with RCW 43.62.050.
(3)(a) Certificated instructional staff shall include those persons
employed by a school district who are nonsupervisory employees within
the meaning of RCW 41.59.020(8): PROVIDED, That in exceptional cases,
people of unusual competence but without certification may teach
students so long as a certificated person exercises general
supervision: PROVIDED, FURTHER, That the hiring of such classified
people shall not occur during a labor dispute and such classified
people shall not be hired to replace certificated employees during a
labor dispute.
(b) Certificated administrative staff shall include all those
persons who are chief executive officers, chief administrative
officers, confidential employees, supervisors, principals, or assistant
principals within the meaning of RCW 41.59.020(4).
Sec. 207 RCW 28A.150.262 and 2005 c 356 s 2 are each amended to
read as follows:
Under RCW 28A.150.260 (as recodified by this act), the
superintendent of public instruction shall revise the definition of a
full-time equivalent student to include students who receive
instruction through digital programs. "Digital programs" means
electronically delivered learning that occurs primarily away from the
classroom. The superintendent of public instruction has the authority
to adopt rules to implement the revised definition beginning with the
2005-2007 biennium for school districts claiming state funding for the
programs. The rules shall include but not be limited to the following:
(1) Defining a full-time equivalent student under RCW 28A.150.260
(as recodified by this act) or part-time student under RCW 28A.150.350
(as recodified by this act) based upon the district's estimated average
weekly hours of learning activity as identified in the student's
learning plan, as long as the student is found, through monthly
evaluation, to be making satisfactory progress; the rules shall require
districts providing programs under this section to nonresident students
to establish procedures that address, at a minimum, the coordination of
student counting for state funding so that no student is counted for
more than one full-time equivalent in the aggregate;
(2) Requiring the board of directors of a school district offering,
or contracting under RCW 28A.150.305 to offer, a digital program to
adopt and annually review written policies for each program and program
provider and to receive an annual report on its digital learning
programs from its staff;
(3) Requiring each school district offering or contracting to offer
a digital program to report annually to the superintendent of public
instruction on the types of programs and course offerings, and number
of students participating;
(4) Requiring completion of a program self-evaluation;
(5) Requiring documentation of the district of the student's
physical residence;
(6) Requiring that supervision, monitoring, assessment, and
evaluation of the digital program be provided by certificated
instructional staff;
(7) Requiring each school district offering courses or programs to
identify the ratio of certificated instructional staff to full-time
equivalent students enrolled in such courses or programs, and to
include a description of their ratio as part of the reports required
under subsections (2) and (3) of this section;
(8) Requiring reliable methods to verify a student is doing his or
her own work; the methods may include proctored examinations or
projects, including the use of web cams or other technologies.
"Proctored" means directly monitored by an adult authorized by the
school district;
(9) Requiring, for each student receiving instruction in a digital
program, a learning plan that includes a description of course
objectives and information on the requirements a student must meet to
successfully complete the program or courses. The rules shall allow
course syllabi and other additional information to be used to meet the
requirement for a learning plan;
(10) Requiring that the district assess the educational progress of
enrolled students at least annually, using, for full-time students, the
state assessment for the student's grade level and using any other
annual assessments required by the school district. Part-time students
shall also be assessed at least annually. However, part-time students
who are either receiving home-based instruction under chapter 28A.200
RCW or who are enrolled in an approved private school under chapter
28A.195 RCW are not required to participate in the assessments required
under chapter 28A.655 RCW. The rules shall address how students who
reside outside the geographic service area of the school district are
to be assessed;
(11) Requiring that each student enrolled in the program have
direct personal contact with certificated instructional staff at least
weekly until the student completes the course objectives or the
requirements in the learning plan. Direct personal contact is for the
purposes of instruction, review of assignments, testing, evaluation of
student progress, or other learning activities. Direct personal
contact may include the use of telephone, e-mail, instant messaging,
interactive video communication, or other means of digital
communication;
(12) Requiring state-funded public schools or public school
programs whose primary purpose is to provide digital learning programs
to receive accreditation through the state accreditation program or
through the regional accreditation program;
(13) Requiring state-funded public schools or public school
programs whose primary purpose is to provide digital learning to
provide information to students and parents on whether or not the
courses or programs: Cover one or more of the school district's
learning goals or of the state's essential academic learning
requirements or whether they permit the student to meet one or more of
the state's or district's graduation requirements; and
(14) Requiring that a school district that provides one or more
digital courses to a student provide the parent or guardian of the
student, prior to the student's enrollment, with a description of any
difference between home-based education as described in chapter 28A.200
RCW and the enrollment option selected by the student. The parent or
guardian shall sign documentation attesting to his or her understanding
of the difference and the documentation shall be retained by the
district and made available for audit.
Sec. 208 RCW 28A.150.290 and 1992 c 141 s 504 are each amended to
read as follows:
(1) The superintendent of public instruction shall have the power
and duty to make such rules ((and regulations)) as are necessary for
the proper administration of this chapter and RCW 28A.160.150 through
((28A.160.220)) 28A.160.210, 28A.300.035, 28A.300.170, and 28A.500.010
not inconsistent with the provisions thereof, and in addition to
require such reports as may be necessary to carry out his or her duties
under this chapter and RCW 28A.160.150 through ((28A.160.220))
28A.160.210, 28A.300.035, 28A.300.170, and 28A.500.010.
(2) The superintendent of public instruction shall have the
authority to make rules ((and regulations)) which establish the terms
and conditions for allowing school districts to receive state basic
education moneys as provided in RCW 28A.150.250 (as recodified by this
act) when said districts are unable to fulfill for one or more schools
as officially scheduled the requirement of a full school year of one
hundred eighty days or the annual average total instructional hour
offering imposed by RCW 28A.150.220 and 28A.150.260 (as recodified by
this act) due to one or more of the following conditions:
(a) An unforeseen natural event, including, but not necessarily
limited to, a fire, flood, explosion, storm, earthquake, epidemic, or
volcanic eruption that has the direct or indirect effect of rendering
one or more school district facilities unsafe, unhealthy, inaccessible,
or inoperable; and
(b) An unforeseen mechanical failure or an unforeseen action or
inaction by one or more persons, including negligence and threats, that
(i) is beyond the control of both a school district board of directors
and its employees and (ii) has the direct or indirect effect of
rendering one or more school district facilities unsafe, unhealthy,
inaccessible, or inoperable. Such actions, inactions or mechanical
failures may include, but are not necessarily limited to, arson,
vandalism, riots, insurrections, bomb threats, bombings, delays in the
scheduled completion of construction projects, and the discontinuance
or disruption of utilities such as heating, lighting and water:
PROVIDED, That an unforeseen action or inaction shall not include any
labor dispute between a school district board of directors and any
employee of the school district.
A condition is foreseeable for the purposes of this subsection to
the extent a reasonably prudent person would have anticipated prior to
August first of the preceding school year that the condition probably
would occur during the ensuing school year because of the occurrence of
an event or a circumstance which existed during such preceding school
year or a prior school year. A board of directors of a school district
is deemed for the purposes of this subsection to have knowledge of
events and circumstances which are a matter of common knowledge within
the school district and of those events and circumstances which can be
discovered upon prudent inquiry or inspection.
(3) The superintendent of public instruction shall make every
effort to reduce the amount of paperwork required in administration of
this chapter and RCW 28A.160.150 through ((28A.160.220)) 28A.160.210,
28A.300.035, 28A.300.170, and 28A.500.010; to simplify the application,
monitoring and evaluation processes used; to eliminate all duplicative
requests for information from local school districts; and to make every
effort to integrate and standardize information requests for other
state education acts and federal aid to education acts administered by
the superintendent of public instruction so as to reduce paperwork
requirements and duplicative information requests.
Sec. 209 RCW 28A.150.350 and 1990 c 33 s 112 are each amended to
read as follows:
(1) For purposes of this section, the following definitions shall
apply:
(a) "Private school student" shall mean any student enrolled full
time in a private school;
(b) "School" shall mean any primary, secondary or vocational
school;
(c) "School funding authority" shall mean any nonfederal
governmental authority which provides moneys to common schools;
(d) "Part-time student" shall mean and include: Any student
enrolled in a course of instruction in a private school and taking
courses at and/or receiving ancillary services offered by any public
school not available in such private school; or any student who is not
enrolled in a private school and is receiving home-based instruction
under RCW 28A.225.010 which instruction includes taking courses at or
receiving ancillary services from the local school district or both; or
any student involved in any work training program and taking courses in
any public school, which work training program is approved by the
school board of the district in which such school is located.
(2) The board of directors of any school district is authorized
and, in the same manner as for other public school students, shall
permit the enrollment of and provide ancillary services for part time
students: PROVIDED, That this section shall only apply to part time
students who would be otherwise eligible for full time enrollment in
the school district.
(3) The superintendent of public instruction shall recognize the
costs to each school district occasioned by enrollment of and/or
ancillary services provided for part time students authorized by
subsection (2) of this section and shall include such costs in the
distribution of funds to school districts pursuant to RCW 28A.150.260
(as recodified by this act). Each school district shall be reimbursed
for the costs or a portion thereof, occasioned by attendance of and/or
ancillary services provided for part time students on a part time
basis, by the superintendent of public instruction, according to law.
(4) Each school funding authority shall recognize the costs
occasioned to each school district by enrollment of and ancillary
services provided for part time students authorized by subsection (2)
of this section, and shall include said costs in funding the activities
of said school districts.
(5) The superintendent of public instruction is authorized to adopt
rules ((and regulations)) to carry out the purposes of RCW 28A.150.260
and 28A.150.350 (as recodified by this act).
Sec. 210 RCW 28A.150.390 and 1995 c 77 s 6 are each amended to
read as follows:
The superintendent of public instruction shall submit to each
regular session of the legislature during an odd-numbered year a
programmed budget request for special education programs for students
with disabilities. Funding for programs operated by local school
districts shall be on an excess cost basis from appropriations provided
by the legislature for special education programs for students with
disabilities and shall take account of state funds accruing through RCW
28A.150.250, 28A.150.260 (as recodified by this act), federal medical
assistance and private funds accruing under RCW 74.09.5249 through
74.09.5253 and 74.09.5254 through 74.09.5256, and other state and local
funds, excluding special excess levies.
Sec. 211 RCW 28A.150.400 and 1990 c 33 s 117 are each amended to
read as follows:
State and county funds which may become due and apportionable to
school districts shall be apportioned in such a manner that any
apportionment factors used shall utilize data and statistics derived in
the school year that such funds are paid: PROVIDED, That the
superintendent of public instruction may make necessary administrative
provision for the use of estimates, and corresponding adjustments to
the extent necessary: PROVIDED FURTHER, That as to those revenues used
in determining the amount of state funds to be apportioned to school
districts pursuant to RCW 28A.150.250 (as recodified by this act), any
apportionment factors shall utilize data and statistics derived in an
annual period established pursuant to rules ((and regulations
promulgated)) adopted by the superintendent of public instruction in
cooperation with the department of revenue.
Sec. 212 RCW 28A.150.410 and 2007 c 403 s 1 are each amended to
read as follows:
(1) The legislature shall establish for each school year in the
appropriations act a statewide salary allocation schedule, for
allocation purposes only, to be used to distribute funds for basic
education certificated instructional staff salaries under RCW
28A.150.260 (as recodified by this act).
(2) Salary allocations for state-funded basic education
certificated instructional staff shall be calculated by the
superintendent of public instruction by determining the district's
average salary for certificated instructional staff, using the
statewide salary allocation schedule and related documents, conditions,
and limitations established by the omnibus appropriations act.
(3) Beginning January 1, 1992, no more than ninety college quarter-hour credits received by any employee after the baccalaureate degree
may be used to determine compensation allocations under the state
salary allocation schedule and LEAP documents referenced in the omnibus
appropriations act, or any replacement schedules and documents, unless:
(a) The employee has a masters degree; or
(b) The credits were used in generating state salary allocations
before January 1, 1992.
(4) Beginning in the 2007-08 school year, the calculation of years
of service for occupational therapists, physical therapists, speech-language pathologists, audiologists, nurses, social workers,
counselors, and psychologists regulated under Title 18 RCW may include
experience in schools and other nonschool positions as occupational
therapists, physical therapists, speech-language pathologists,
audiologists, nurses, social workers, counselors, or psychologists.
The calculation shall be that one year of service in a nonschool
position counts as one year of service for purposes of this chapter, up
to a limit of two years of nonschool service. Nonschool years of
service included in calculations under this subsection shall not be
applied to service credit totals for purposes of any retirement benefit
under chapter 41.32, 41.35, or 41.40 RCW, or any other state retirement
system benefits.
Sec. 213 RCW 28A.155.010 and 2007 c 115 s 1 are each amended to
read as follows:
It is the purpose of RCW 28A.155.010 through 28A.155.160,
28A.160.030, and 28A.150.390 (as recodified by this act) to ensure that
all children with disabilities as defined in RCW 28A.155.020 shall have
the opportunity for an appropriate education at public expense as
guaranteed to them by the Constitution of this state and applicable
federal laws.
Sec. 214 RCW 28A.155.020 and 2007 c 115 s 2 are each amended to
read as follows:
There is established in the office of the superintendent of public
instruction an administrative section or unit for the education of
children with disabilities who require special education.
Students with disabilities are those children whether enrolled in
school or not who through an evaluation process are determined eligible
for special education due to a disability.
In accordance with part B of the federal individuals with
disabilities education improvement act and any other federal or state
laws relating to the provision of special education services, the
superintendent of public instruction shall require each school district
in the state to insure an appropriate educational opportunity for all
children with disabilities between the ages of three and twenty-one,
but when the twenty-first birthday occurs during the school year, the
educational program may be continued until the end of that school year.
The superintendent of public instruction, by rule, shall establish for
the purpose of excess cost funding, as provided in RCW 28A.150.390 (as
recodified by this act), 28A.160.030, and 28A.155.010 through
28A.155.160, functional definitions of special education, the various
types of disabling conditions, and eligibility criteria for special
education programs for children with disabilities, including referral
procedures, use of aversive interventions, the education curriculum and
statewide or district-wide assessments, parent and district requests
for special education due process hearings, and procedural safeguards.
For the purposes of RCW 28A.155.010 through 28A.155.160, an appropriate
education is defined as an education directed to the unique needs,
abilities, and limitations of the children with disabilities who are
enrolled either full time or part time in a school district. School
districts are strongly encouraged to provide parental training in the
care and education of the children and to involve parents in the
classroom.
Nothing in this section shall prohibit the establishment or
continuation of existing cooperative programs between school districts
or contracts with other agencies approved by the superintendent of
public instruction, which can meet the obligations of school districts
to provide education for children with disabilities, or prohibit the
continuation of needed related services to school districts by the
department of social and health services.
This section shall not be construed as in any way limiting the
powers of local school districts set forth in RCW 28A.155.070.
Sec. 215 RCW 28A.155.040 and 2007 c 115 s 4 are each amended to
read as follows:
The board of directors of each school district, for the purpose of
compliance with the provisions of RCW 28A.150.390 (as recodified by
this act), 28A.160.030, and 28A.155.010 through 28A.155.160 and chapter
28A.190 RCW, shall cooperate with the superintendent of public
instruction and with the administrative officer and shall provide an
appropriate educational opportunity to children with disabilities, as
defined in RCW 28A.155.020, in regular or special school facilities
within the district or shall contract for such services with other
agencies as provided in RCW 28A.155.060 or shall participate in an
interdistrict arrangement in accordance with RCW 28A.335.160 and
28A.225.220 and/
In carrying out their responsibilities under this chapter, school
districts severally or jointly with the approval of the superintendent
of public instruction are authorized to support and/
The cost of board and room in facilities approved by the department
of social and health services shall be provided by the department of
social and health services for those students with disabilities
eligible for such aid under programs of the department. The cost of
approved board and room shall be provided for those students with
disabilities not eligible under programs of the department of social
and health services but deemed in need of the same by the
superintendent of public instruction: PROVIDED, That no school
district shall be financially responsible for special education
programs for students who are attending residential schools operated by
the department of social and health services: PROVIDED FURTHER, That
the provisions of RCW 28A.150.390 (as recodified by this act),
28A.160.030, and 28A.155.010 through 28A.155.100 shall not preclude the
extension by the superintendent of public instruction of special
education opportunities to students with disabilities in residential
schools operated by the department of social and health services.
Sec. 216 RCW 28A.155.090 and 2007 c 115 s 11 are each amended to
read as follows:
The superintendent of public instruction shall have the duty and
authority, through the administrative section or unit for the education
of children with disabling conditions, to:
(1) Assist school districts in the formation of programs to meet
the needs of children with disabilities;
(2) Develop interdistrict cooperation programs for children with
disabilities as authorized in RCW 28A.225.250;
(3) Provide, upon request, to parents or guardians of children with
disabilities, information as to the special education programs for
students with disabilities offered within the state;
(4) Assist, upon request, the parent or guardian of any child with
disabilities in the placement of any child with disabilities who is
eligible for but not receiving special educational services for
children with disabilities;
(5) Approve school district and agency programs as being eligible
for special excess cost financial aid to students with disabilities;
(6) Consistent with the provisions of RCW 28A.150.390 (as
recodified by this act), 28A.160.030, and 28A.155.010 through
28A.155.160, and part B of the federal individuals with disabilities
education improvement act, administer administrative hearings and other
procedures to ensure procedural safeguards of children with
disabilities; and
(7) ((Promulgate)) Adopt such rules as are necessary to implement
part B of the federal individuals with disabilities education
improvement act or other federal law providing for special education
services for children with disabilities and the several provisions of
RCW 28A.150.390 (as recodified by this act), 28A.160.030, and
28A.155.010 through 28A.155.160 and to ensure appropriate access to and
participation in the general education curriculum and participation in
statewide assessments for all students with disabilities.
Sec. 217 RCW 28A.155.100 and 2007 c 115 s 12 are each amended to
read as follows:
The superintendent of public instruction is hereby authorized and
directed to establish appropriate sanctions to be applied to any school
district of the state failing to comply with the provisions of RCW
28A.150.390 (as recodified by this act), 28A.160.030, and 28A.155.010
through 28A.155.060 and 28A.155.080 through 28A.155.160 to be applied
beginning upon the effective date thereof, which sanctions shall
include withholding of any portion of state aid to such district until
such time as compliance is assured.
Sec. 218 RCW 28A.160.130 and 1991 c 114 s 2 are each amended to
read as follows:
(1) There is created a fund on deposit with each county treasurer
for each school district of the county, which shall be known as the
transportation vehicle fund. Money to be deposited into the
transportation vehicle fund shall include, but is not limited to, the
following:
(a) The balance of accounts held in the general fund of each school
district for the purchase of approved transportation equipment and for
major transportation equipment repairs under RCW 28A.150.280 (as
recodified by this act). The amount transferred shall be the balance
of the account as of September 1, 1982;
(b) Reimbursement payments provided for in RCW 28A.160.200 except
those provided under RCW 28A.160.200(((4)))(3) that are necessary for
contracted payments to private carriers;
(c) Earnings from transportation vehicle fund investments as
authorized in RCW 28A.320.300; and
(d) The district's share of the proceeds from the sale of
transportation vehicles, as determined by the superintendent of public
instruction.
(2) Funds in the transportation vehicle fund may be used for the
following purposes:
(a) Purchase of pupil transportation vehicles pursuant to RCW
28A.160.200 and 28A.150.280 (as recodified by this act);
(b) Payment of conditional sales contracts as authorized in RCW
28A.335.200 or payment of obligations authorized in RCW 28A.530.080,
entered into or issued for the purpose of pupil transportation
vehicles;
(c) Major repairs to pupil transportation vehicles.
The superintendent of public instruction shall adopt rules which
shall establish the standards, conditions, and procedures governing the
establishment and use of the transportation vehicle fund. The rules
shall not permit the transfer of funds from the transportation vehicle
fund to any other fund of the district.
Sec. 219 RCW 28A.185.020 and 1990 c 33 s 168 are each amended to
read as follows:
Supplementary funds as may be provided by the state for this
program, in accordance with RCW 28A.150.370 (as recodified by this
act), shall be categorical funding on an excess cost basis based upon
a per student amount not to exceed three percent of any district's
full-time equivalent enrollment.
Sec. 220 RCW 28A.195.010 and 2004 c 19 s 106 are each amended to
read as follows:
The legislature hereby recognizes that private schools should be
subject only to those minimum state controls necessary to insure the
health and safety of all the students in the state and to insure a
sufficient basic education to meet usual graduation requirements. The
state, any agency or official thereof, shall not restrict or dictate
any specific educational or other programs for private schools except
as hereinafter in this section provided.
Principals of private schools or superintendents of private school
districts shall file each year with the state superintendent of public
instruction a statement certifying that the minimum requirements
hereinafter set forth are being met, noting any deviations. After
review of the statement, the state superintendent will notify schools
or school districts of those deviations which must be corrected. In
case of major deviations, the school or school district may request and
the state board of education may grant provisional status for one year
in order that the school or school district may take action to meet the
requirements. The state board of education shall not require private
school students to meet the student learning goals, obtain a
certificate of academic achievement, or a certificate of individual
achievement to graduate from high school, to master the essential
academic learning requirements, or to be assessed pursuant to RCW
28A.655.061. However, private schools may choose, on a voluntary
basis, to have their students master these essential academic learning
requirements, take the assessments, and obtain a certificate of
academic achievement or a certificate of individual achievement.
Minimum requirements shall be as follows:
(1) The minimum school year for instructional purposes shall
consist of no less than one hundred eighty school days or the
equivalent in annual minimum program hour offerings as prescribed in
RCW 28A.150.220 (as recodified by this act).
(2) The school day shall be the same as that required in RCW
28A.150.030 and 28A.150.220 (as recodified by this act), except that
the percentages of total program hour offerings as prescribed in RCW
28A.150.220 (as recodified by this act) for basic skills, work skills,
and optional subjects and activities shall not apply to private schools
or private sectarian schools.
(3) All classroom teachers shall hold appropriate Washington state
certification except as follows:
(a) Teachers for religious courses or courses for which no
counterpart exists in public schools shall not be required to obtain a
state certificate to teach those courses.
(b) In exceptional cases, people of unusual competence but without
certification may teach students so long as a certified person
exercises general supervision. Annual written statements shall be
submitted to the office of the superintendent of public instruction
reporting and explaining such circumstances.
(4) An approved private school may operate an extension program for
parents, guardians, or persons having legal custody of a child to teach
children in their custody. The extension program shall require at a
minimum that:
(a) The parent, guardian, or custodian be under the supervision of
an employee of the approved private school who is certified under
chapter 28A.410 RCW;
(b) The planning by the certified person and the parent, guardian,
or person having legal custody include objectives consistent with this
subsection and subsections (1), (2), (5), (6), and (7) of this section;
(c) The certified person spend a minimum average each month of one
contact hour per week with each student under his or her supervision
who is enrolled in the approved private school extension program;
(d) Each student's progress be evaluated by the certified person;
and
(e) The certified employee shall not supervise more than thirty
students enrolled in the approved private school's extension program.
(5) Appropriate measures shall be taken to safeguard all permanent
records against loss or damage.
(6) The physical facilities of the school or district shall be
adequate to meet the program offered by the school or district:
PROVIDED, That each school building shall meet reasonable health and
fire safety requirements. A residential dwelling of the parent,
guardian, or custodian shall be deemed to be an adequate physical
facility when a parent, guardian, or person having legal custody is
instructing his or her child under subsection (4) of this section.
(7) Private school curriculum shall include instruction of the
basic skills of occupational education, science, mathematics, language,
social studies, history, health, reading, writing, spelling, and the
development of appreciation of art and music, all in sufficient units
for meeting state board of education graduation requirements.
(8) Each school or school district shall be required to maintain
up-to-date policy statements related to the administration and
operation of the school or school district.
All decisions of policy, philosophy, selection of books, teaching
material, curriculum, except as in subsection (7) of this section
provided, school rules and administration, or other matters not
specifically referred to in this section, shall be the responsibility
of the administration and administrators of the particular private
school involved.
Sec. 221 RCW 28A.225.010 and 1998 c 244 s 14 are each amended to
read as follows:
(1) All parents in this state of any child eight years of age and
under eighteen years of age shall cause such child to attend the public
school of the district in which the child resides and such child shall
have the responsibility to and therefore shall attend for the full time
when such school may be in session unless:
(a) The child is attending an approved private school for the same
time or is enrolled in an extension program as provided in RCW
28A.195.010(4);
(b) The child is receiving home-based instruction as provided in
subsection (4) of this section;
(c) The child is attending an education center as provided in
chapter 28A.205 RCW;
(d) The school district superintendent of the district in which the
child resides shall have excused such child from attendance because the
child is physically or mentally unable to attend school, is attending
a residential school operated by the department of social and health
services, is incarcerated in an adult correctional facility, or has
been temporarily excused upon the request of his or her parents for
purposes agreed upon by the school authorities and the parent:
PROVIDED, That such excused absences shall not be permitted if deemed
to cause a serious adverse effect upon the student's educational
progress: PROVIDED FURTHER, That students excused for such temporary
absences may be claimed as full time equivalent students to the extent
they would otherwise have been so claimed for the purposes of RCW
28A.150.250 and 28A.150.260 (as recodified by this act) and shall not
affect school district compliance with the provisions of RCW
28A.150.220 (as recodified by this act); or
(e) The child is sixteen years of age or older and:
(i) The child is regularly and lawfully employed and either the
parent agrees that the child should not be required to attend school or
the child is emancipated in accordance with chapter 13.64 RCW;
(ii) The child has already met graduation requirements in
accordance with state board of education rules ((and regulations)); or
(iii) The child has received a certificate of educational
competence under rules ((and regulations)) established by the state
board of education under RCW 28A.305.190.
(2) A parent for the purpose of this chapter means a parent,
guardian, or person having legal custody of a child.
(3) An approved private school for the purposes of this chapter and
chapter 28A.200 RCW shall be one approved under ((regulations)) rules
established by the state board of education pursuant to RCW
28A.305.130.
(4) For the purposes of this chapter and chapter 28A.200 RCW,
instruction shall be home-based if it consists of planned and
supervised instructional and related educational activities, including
a curriculum and instruction in the basic skills of occupational
education, science, mathematics, language, social studies, history,
health, reading, writing, spelling, and the development of an
appreciation of art and music, provided for a number of hours
equivalent to the total annual program hours per grade level
established for approved private schools under RCW 28A.195.010 and
28A.195.040 and if such activities are:
(a) Provided by a parent who is instructing his or her child only
and are supervised by a certificated person. A certificated person for
purposes of this chapter and chapter 28A.200 RCW shall be a person
certified under chapter 28A.410 RCW. For purposes of this section,
"supervised by a certificated person" means: The planning by the
certificated person and the parent of objectives consistent with this
subsection; a minimum each month of an average of one contact hour per
week with the child being supervised by the certificated person; and
evaluation of such child's progress by the certificated person. The
number of children supervised by the certificated person shall not
exceed thirty for purposes of this subsection; or
(b) Provided by a parent who is instructing his or her child only
and who has either earned forty-five college level quarter credit hours
or its equivalent in semester hours or has completed a course in home-based instruction at a postsecondary institution or a vocational-technical institute; or
(c) Provided by a parent who is deemed sufficiently qualified to
provide home-based instruction by the superintendent of the local
school district in which the child resides.
(5) The legislature recognizes that home-based instruction is less
structured and more experiential than the instruction normally provided
in a classroom setting. Therefore, the provisions of subsection (4) of
this section relating to the nature and quantity of instructional and
related educational activities shall be liberally construed.
Sec. 222 RCW 28A.225.115 and 1996 c 134 s 11 are each amended to
read as follows:
The superintendent of public instruction, subject to available
funding, shall allocate funds to provide educational services for
children who have been referred to a community truancy board or to the
courts under RCW 28A.225.030. The funds shall be used on behalf of
such children for enrollment in skill centers, education centers,
alternative programs, and in other public or private educational
programs. Decisions regarding the expenditure of the funds shall be
made by the community truancy board or the courts, whichever is
applicable. The amount of the assistance for each child shall be
determined in accordance with the omnibus appropriations act. These
funds shall be in excess of any other funds provided through RCW
28A.150.260 (as recodified by this act) as basic education and other
state, federal, or local sources.
Sec. 223 RCW 28A.225.200 and 1990 c 33 s 234 are each amended to
read as follows:
(1) A local district may be authorized by the educational service
district superintendent to transport and educate its pupils in other
districts for one year, either by payment of a compensation agreed upon
by such school districts, or under other terms mutually satisfactory to
the districts concerned when this will afford better educational
facilities for the pupils and when a saving may be effected in the cost
of education: PROVIDED, That notwithstanding any other provision of
law, the amount to be paid by the state to the resident school district
for apportionment purposes and otherwise payable pursuant to RCW
28A.150.100 (as recodified by this act), 28A.150.250 through
28A.150.290 (as recodified by this act), 28A.150.350 through
28A.150.410 (as recodified by this act), 28A.160.150 through
28A.160.200, ((28A.160.220)) 28A.300.035, 28A.300.170, and 28A.500.010
shall not be greater than the regular apportionment for each high
school student of the receiving district. Such authorization may be
extended for an additional year at the discretion of the educational
service district superintendent.
(2) Subsection (1) of this section shall not apply to districts
participating in a cooperative project established under RCW
28A.340.030 which exceeds two years in duration.
Sec. 224 RCW 28A.230.010 and 2003 c 49 s 1 are each amended to
read as follows:
School district boards of directors shall identify and offer
courses with content that meet or exceed: (1) The basic education
skills identified in RCW 28A.150.210 (as recodified by this act); (2)
the graduation requirements under RCW 28A.230.090; (3) the courses
required to meet the minimum college entrance requirements under RCW
28A.230.130; and (4) the course options for career development under
RCW 28A.230.130. Such courses may be applied or theoretical, academic,
or vocational.
Sec. 225 RCW 28A.305.035 and 2006 c 263 s 103 are each amended to
read as follows:
(1) By October 15th of each even-numbered year, the state board of
education and the professional educator standards board shall submit a
joint report to the legislative education committees, the governor, and
the superintendent of public instruction. The report shall address the
progress the boards have made and the obstacles they have encountered,
individually and collectively, in the work of achieving the goals in
RCW 28A.150.210 (as recodified by this act).
(2) The state board of education shall include the chairs and
ranking minority members of the legislative education committees in
board communications so that the legislature can be kept apprised of
the discussions and proposed actions of the board.
Sec. 226 RCW 28A.305.130 and 2006 c 263 s 102 are each amended to
read as follows:
The purpose of the state board of education is to provide advocacy
and strategic oversight of public education; implement a standards-based accountability system to improve student academic achievement;
provide leadership in the creation of a system that personalizes
education for each student and respects diverse cultures, abilities,
and learning styles; and promote achievement of the goals of RCW
28A.150.210 (as recodified by this act). In addition to any other
powers and duties as provided by law, the state board of education
shall:
(1) Hold regularly scheduled meetings at such time and place within
the state as the board shall determine and may hold such special
meetings as may be deemed necessary for the transaction of public
business;
(2) Form committees as necessary to effectively and efficiently
conduct the work of the board;
(3) Seek advice from the public and interested parties regarding
the work of the board;
(4) For purposes of statewide accountability:
(a) Adopt and revise performance improvement goals in reading,
writing, science, and mathematics, by subject and grade level, once
assessments in these subjects are required statewide; academic and
technical skills, as appropriate, in secondary career and technical
education programs; and student attendance, as the board deems
appropriate to improve student learning. The goals shall be consistent
with student privacy protection provisions of RCW 28A.655.090(7) and
shall not conflict with requirements contained in Title I of the
federal elementary and secondary education act of 1965, or the
requirements 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 proficient
students, students with disabilities, and students from
disproportionately academically underachieving racial and ethnic
backgrounds. The board may establish school and school district goals
addressing high school graduation rates and dropout reduction goals for
students in grades seven through twelve. The board shall adopt the
goals by rule. However, before each goal is implemented, the board
shall present the goal to the education committees of the house of
representatives and the senate for the committees' review and comment
in a time frame that will permit the legislature to take statutory
action on the goal if such action is deemed warranted by the
legislature;
(b) Identify the scores students must achieve in order to meet the
standard on the Washington assessment of student learning and, for high
school students, to obtain a certificate of academic achievement. The
board shall also determine student scores that identify levels of
student performance below and beyond the standard. The board shall
consider the incorporation of the standard error of measurement into
the decision regarding the award of the certificates. The board shall
set such performance standards and levels in consultation with the
superintendent of public instruction and after consideration of any
recommendations that may be developed by any advisory committees that
may be established for this purpose. The initial performance standards
and any changes recommended by the board in the performance standards
for the tenth grade assessment shall be presented to the education
committees of the house of representatives and the senate by November
30th of the school year in which the changes will take place to permit
the legislature to take statutory action before the changes are
implemented if such action is deemed warranted by the legislature. The
legislature shall be advised of the initial performance standards and
any changes made to the elementary level performance standards and the
middle school level performance standards;
(c) Adopt objective, systematic criteria to identify successful
schools and school districts and recommend to the superintendent of
public instruction schools and districts to be recognized for two types
of accomplishments, student achievement and improvements in student
achievement. Recognition for improvements in student achievement shall
include consideration of one or more of the following accomplishments:
(i) An increase in the percent of students meeting standards. The
level of achievement required for recognition may be based on the
achievement goals established by the legislature and by the board under
(a) of this subsection;
(ii) Positive progress on an improvement index that measures
improvement in all levels of the assessment; and
(iii) Improvements despite challenges such as high levels of
mobility, poverty, English as a second language learners, and large
numbers of students in special populations as measured by either the
percent of students meeting the standard, or the improvement index.
When determining the baseline year or years for recognizing individual
schools, the board may use the assessment results from the initial
years the assessments were administered, if doing so with individual
schools would be appropriate;
(d) Adopt objective, systematic criteria to identify schools and
school districts in need of assistance and those in which significant
numbers of students persistently fail to meet state standards. In its
deliberations, the board shall consider the use of all statewide
mandated criterion-referenced and norm-referenced standardized tests;
(e) Identify schools and school districts in which state
intervention measures will be needed and a range of appropriate
intervention strategies after the legislature has authorized a set of
intervention strategies. After the legislature has authorized a set of
intervention strategies, at the request of the board, the
superintendent shall intervene in the school or school district and
take corrective actions. This chapter does not provide additional
authority for the board or the superintendent of public instruction to
intervene in a school or school district;
(f) Identify performance incentive systems that have improved or
have the potential to improve student achievement;
(g) Annually review the assessment reporting system to ensure
fairness, accuracy, timeliness, and equity of opportunity, especially
with regard to schools with special circumstances and unique
populations of students, and a recommendation to the superintendent of
public instruction of any improvements needed to the system; and
(h) Include in the biennial report required under RCW 28A.305.035,
information on the progress that has been made in achieving goals
adopted by the board;
(5) Accredit, subject to such accreditation standards and
procedures as may be established by the state board of education, all
private schools that apply for accreditation, and approve, subject to
the provisions of RCW 28A.195.010, private schools carrying out a
program for any or all of the grades kindergarten through twelve:
PROVIDED, That no private school may be approved that operates a
kindergarten program only: PROVIDED FURTHER, That no private schools
shall be placed upon the list of accredited schools so long as secret
societies are knowingly allowed to exist among its students by school
officials;
(6) Articulate with the institutions of higher education, workforce
representatives, and early learning policymakers and providers to
coordinate and unify the work of the public school system;
(7) Hire an executive director and an administrative assistant to
reside in the office of the superintendent of public instruction for
administrative purposes. Any other personnel of the board shall be
appointed as provided by RCW 28A.300.020. The executive director,
administrative assistant, and all but one of the other personnel of the
board are exempt from civil service, together with other staff as now
or hereafter designated as exempt in accordance with chapter 41.06 RCW;
and
(8) Adopt a seal that shall be kept in the office of the
superintendent of public instruction.
Sec. 227 RCW 28A.305.140 and 1990 c 33 s 267 are each amended to
read as follows:
The state board of education may grant waivers to school districts
from the provisions of RCW 28A.150.200 through 28A.150.220 (as
recodified by this act) on the basis that such waiver or waivers are
necessary to implement successfully a local plan to provide for all
students in the district an effective education system that is designed
to enhance the educational program for each student. The local plan
may include alternative ways to provide effective educational programs
for students who experience difficulty with the regular education
program.
The state board shall adopt criteria to evaluate the need for the
waiver or waivers.
Sec. 228 RCW 28A.305.215 and 2007 c 396 s 1 are each amended to
read as follows:
(1) The activities in this section revise and strengthen the state
learning standards that implement the goals of RCW 28A.150.210 (as
recodified by this act), known as the essential academic learning
requirements, and improve alignment of school district curriculum to
the standards.
(2) The state board of education shall be assisted in its work
under subsections (3) and (5) of this section by: (a) An expert
national consultant in each of mathematics and science retained by the
state board; and (b) the mathematics and science advisory panels
created under RCW 28A.305.219, as appropriate, which shall provide
review and formal comment on proposed recommendations to the
superintendent of public instruction and the state board of education
on new revised standards and curricula.
(3) By September 30, 2007, the state board of education shall
recommend to the superintendent of public instruction revised essential
academic learning requirements and grade level expectations in
mathematics. The recommendations shall be based on:
(a) Considerations of clarity, rigor, content, depth, coherence
from grade to grade, specificity, accessibility, and measurability;
(b) Study of:
(i) Standards used in countries whose students demonstrate high
performance on the trends in international mathematics and science
study and the programme for international student assessment;
(ii) College readiness standards;
(iii) The national council of teachers of mathematics focal points
and the national assessment of educational progress content frameworks;
and
(iv) Standards used by three to five other states, including
California, and the nation of Singapore; and
(c) Consideration of information presented during public comment
periods.
(4) By January 31, 2008, the superintendent of public instruction
shall revise the essential academic learning requirements and the grade
level expectations for mathematics and present the revised standards to
the state board of education and the education committees of the senate
and the house of representatives as required by RCW 28A.655.070(4).
The superintendent shall adopt the revised essential academic learning
requirements and grade level expectations unless otherwise directed by
the legislature during the 2008 legislative session.
(5) By June 30, 2008, the state board of education shall recommend
to the superintendent of public instruction revised essential academic
learning requirements and grade level expectations in science. The
recommendations shall be based on:
(a) Considerations of clarity, rigor, content, depth, coherence
from grade to grade, specificity, accessibility, and measurability;
(b) Study of standards used by three to five other states and in
countries whose students demonstrate high performance on the trends in
international mathematics and science study and the programme for
international student assessment; and
(c) Consideration of information presented during public comment
periods.
(6) By December 1, 2008, the superintendent of public instruction
shall revise the essential academic learning requirements and the grade
level expectations for science and present the revised standards to the
state board of education and the education committees of the senate and
the house of representatives as required by RCW 28A.655.070(4). The
superintendent shall adopt the revised essential academic learning
requirements and grade level expectations unless otherwise directed by
the legislature during the 2009 legislative session.
(7)(a) By May 15, 2008, the superintendent of public instruction
shall present to the state board of education recommendations for no
more than three basic mathematics curricula each for elementary,
middle, and high school grade spans.
(b) By June 30, 2008, the state board of education shall provide
official comment and recommendations to the superintendent of public
instruction regarding the recommended mathematics curricula. The
superintendent of public instruction shall make any changes based on
the comment and recommendations from the state board of education and
adopt the recommended curricula.
(c) By May 15, 2009, the superintendent of public instruction shall
present to the state board of education recommendations for no more
than three basic science curricula each for elementary, middle, and
high school grade spans.
(d) By June 30, 2009, the state board of education shall provide
official comment and recommendations to the superintendent of public
instruction regarding the recommended science curricula. The
superintendent of public instruction shall make any changes based on
the comment and recommendations from the state board of education and
adopt the recommended curricula.
(e) In selecting the recommended curricula under this subsection
(7), the superintendent of public instruction shall provide information
to the mathematics and science advisory panels created under RCW
28A.305.219, as appropriate, and seek the advice of the appropriate
panel regarding the curricula that shall be included in the
recommendations.
(f) The recommended curricula under this subsection (7) shall align
with the revised essential academic learning requirements and grade
level expectations. In addition to the recommended basic curricula,
appropriate diagnostic and supplemental materials shall be identified
as necessary to support each curricula.
(g) Subject to funds appropriated for this purpose and availability
of the curricula, at least one of the curricula in each grade span and
in each of mathematics and science shall be available to schools and
parents online at no cost to the school or parent.
(8) By December 1, 2007, the state board of education shall revise
the high school graduation requirements under RCW 28A.230.090 to
include a minimum of three credits of mathematics, one of which may be
a career and technical course equivalent in mathematics, and prescribe
the mathematics content in the three required credits.
(9) Nothing in this section requires a school district to use one
of the recommended curricula under subsection (7) of this section.
However, the statewide accountability plan adopted by the state board
of education under RCW 28A.305.130 shall recommend conditions under
which school districts should be required to use one of the recommended
curricula. The plan shall also describe the conditions for exception
to the curriculum requirement, such as the use of integrated academic
and career and technical education curriculum. Required use of the
recommended curricula as an intervention strategy must be authorized by
the legislature as required by RCW 28A.305.130(4)(e) before
implementation.
Sec. 229 RCW 28A.320.240 and 2006 c 263 s 914 are each amended to
read as follows:
(1) The purpose of this section is to identify quality criteria for
school library media programs that support the student learning goals
under RCW 28A.150.210 (as recodified by this act), the essential
academic learning requirements under RCW 28A.655.070, and high school
graduation requirements adopted under RCW 28A.230.090.
(2) Every board of directors shall provide for the operation and
stocking of such libraries as the board deems necessary for the proper
education of the district's students or as otherwise required by law or
rule of the superintendent of public instruction.
(3) "Teacher-librarian" means a certified teacher with a library
media endorsement under rules adopted by the professional educator
standards board.
(4) "School-library media program" means a school-based program
that is staffed by a certificated teacher-librarian and provides a
variety of resources that support student mastery of the essential
academic learning requirements in all subject areas and the
implementation of the district's school improvement plan.
(5) The teacher-librarian, through the school-library media
program, shall collaborate as an instructional partner to help all
students meet the content goals in all subject areas, and assist high
school students completing the culminating project and high school and
beyond plans required for graduation.
Sec. 230 RCW 28A.320.330 and 2007 c 503 s 2 and 2007 c 129 s 2
are each reenacted and amended to read as follows:
School districts shall establish the following funds in addition to
those provided elsewhere by law:
(1) A general fund for maintenance and operation of the school
district to account for all financial operations of the school district
except those required to be accounted for in another fund.
(2) A capital projects fund shall be established for major capital
purposes. All statutory references to a "building fund" shall mean the
capital projects fund so established. Money to be deposited into the
capital projects fund shall include, but not be limited to, bond
proceeds, proceeds from excess levies authorized by RCW 84.52.053,
state apportionment proceeds as authorized by RCW 28A.150.270 (as
recodified by this act), earnings from capital projects fund
investments as authorized by RCW 28A.320.310 and 28A.320.320, and state
forest revenues transferred pursuant to subsection (3) of this section.
Money derived from the sale of bonds, including interest earnings
thereof, may only be used for those purposes described in RCW
28A.530.010, except that accrued interest paid for bonds shall be
deposited in the debt service fund.
Money to be deposited into the capital projects fund shall include
but not be limited to rental and lease proceeds as authorized by RCW
28A.335.060, and proceeds from the sale of real property as authorized
by RCW 28A.335.130.
Money legally deposited into the capital projects fund from other
sources may be used for the purposes described in RCW 28A.530.010, and
for the purposes of:
(a) Major renovation, including the replacement of facilities and
systems where periodical repairs are no longer economical. Major
renovation and replacement shall include, but shall not be limited to,
roofing, heating and ventilating systems, floor covering, and
electrical systems.
(b) Renovation and rehabilitation of playfields, athletic fields,
and other district real property.
(c) The conduct of preliminary energy audits and energy audits of
school district buildings. For the purpose of this section:
(i) "Preliminary energy audits" means a determination of the energy
consumption characteristics of a building, including the size, type,
rate of energy consumption, and major energy using systems of the
building.
(ii) "Energy audit" means a survey of a building or complex which
identifies the type, size, energy use level, and major energy using
systems; which determines appropriate energy conservation maintenance
or operating procedures and assesses any need for the acquisition and
installation of energy conservation measures, including solar energy
and renewable resource measures.
(iii) "Energy capital improvement" means the installation, or
modification of the installation, of energy conservation measures in a
building which measures are primarily intended to reduce energy
consumption or allow the use of an alternative energy source.
(d) Those energy capital improvements which are identified as being
cost-effective in the audits authorized by this section.
(e) Purchase or installation of additional major items of equipment
and furniture: PROVIDED, That vehicles shall not be purchased with
capital projects fund money.
(f)(i) Costs associated with implementing technology systems,
facilities, and projects, including acquiring hardware, licensing
software, and on-line applications and training related to the
installation of the foregoing. However, the software or applications
must be an integral part of the district's technology systems,
facilities, or projects.
(ii) Costs associated with the application and modernization of
technology systems for operations and instruction including, but not
limited to, the ongoing fees for online applications, subscriptions, or
software licenses, including upgrades and incidental services, and
ongoing training related to the installation and integration of these
products and services. However, to the extent the funds are used for
the purpose under this subsection (2)(f)(ii), the school district shall
transfer to the district's general fund the portion of the capital
projects fund used for this purpose. The office of the superintendent
of public instruction shall develop accounting guidelines for these
transfers in accordance with internal revenue service regulations.
(3) A debt service fund to provide for tax proceeds, other
revenues, and disbursements as authorized in chapter 39.44 RCW. State
forest land revenues that are deposited in a school district's debt
service fund pursuant to RCW 79.64.110 and to the extent not necessary
for payment of debt service on school district bonds may be transferred
by the school district into the district's capital projects fund.
(4) An associated student body fund as authorized by RCW
28A.325.030.
(5) Advance refunding bond funds and refunded bond funds to provide
for the proceeds and disbursements as authorized in chapter 39.53 RCW.
Sec. 231 RCW 28A.335.030 and 1990 c 33 s 353 are each amended to
read as follows:
A school district may close a school for emergency reasons, as set
forth in RCW 28A.150.290(2) (a) and (b)(as recodified by this act),
without complying with the requirements of RCW 28A.335.020.
Sec. 232 RCW 28A.340.060 and 1990 c 33 s 371 are each amended to
read as follows:
(1) The superintendent of public instruction shall adopt rules as
necessary under chapter 34.05 RCW to carry out the provisions of RCW
28A.340.010 through 28A.340.070.
(2) When the joint operation of programs or services includes the
teaching of all or substantially all of the curriculum for a particular
grade or grades in only one local school district, the rules shall
provide that the affected students are attending school in the district
in which they reside for the purposes of RCW 28A.150.250 and
28A.150.260 (as recodified by this act) and chapter 28A.545 RCW.
Sec. 233 RCW 28A.400.200 and 2002 c 353 s 2 are each amended to
read as follows:
(1) Every school district board of directors shall fix, alter,
allow, and order paid salaries and compensation for all district
employees in conformance with this section.
(2)(a) Salaries for certificated instructional staff shall not be
less than the salary provided in the appropriations act in the
statewide salary allocation schedule for an employee with a
baccalaureate degree and zero years of service; and
(b) Salaries for certificated instructional staff with a masters
degree shall not be less than the salary provided in the appropriations
act in the statewide salary allocation schedule for an employee with a
masters degree and zero years of service;
(3)(a) The actual average salary paid to certificated instructional
staff shall not exceed the district's average certificated
instructional staff salary used for the state basic education
allocations for that school year as determined pursuant to RCW
28A.150.410 (as recodified by this act).
(b) Fringe benefit contributions for certificated instructional
staff shall be included as salary under (a) of this subsection only to
the extent that the district's actual average benefit contribution
exceeds the amount of the insurance benefits allocation provided per
certificated instructional staff unit in the state operating
appropriations act in effect at the time the compensation is payable.
For purposes of this section, fringe benefits shall not include payment
for unused leave for illness or injury under RCW 28A.400.210; employer
contributions for old age survivors insurance, workers' compensation,
unemployment compensation, and retirement benefits under the Washington
state retirement system; or employer contributions for health benefits
in excess of the insurance benefits allocation provided per
certificated instructional staff unit in the state operating
appropriations act in effect at the time the compensation is payable.
A school district may not use state funds to provide employer
contributions for such excess health benefits.
(c) Salary and benefits for certificated instructional staff in
programs other than basic education shall be consistent with the salary
and benefits paid to certificated instructional staff in the basic
education program.
(4) Salaries and benefits for certificated instructional staff may
exceed the limitations in subsection (3) of this section only by
separate contract for additional time, additional responsibilities, or
incentives. Supplemental contracts shall not cause the state to incur
any present or future funding obligation. Supplemental contracts shall
be subject to the collective bargaining provisions of chapter 41.59 RCW
and the provisions of RCW 28A.405.240, shall not exceed one year, and
if not renewed shall not constitute adverse change in accordance with
RCW 28A.405.300 through 28A.405.380. No district may enter into a
supplemental contract under this subsection for the provision of
services which are a part of the basic education program required by
Article IX, section 3 of the state Constitution.
(5) Employee benefit plans offered by any district shall comply
with RCW 28A.400.350 and 28A.400.275 and 28A.400.280.
Sec. 234 RCW 28A.400.205 and 2003 1st sp.s. c 20 s 1 are each
amended to read as follows:
(1) School district employees shall be provided an annual salary
cost-of-living increase in accordance with this section.
(a) The cost-of-living increase shall be calculated by applying the
rate of the yearly increase in the cost-of-living index to any state-funded salary base used in state funding formulas for teachers and
other school district employees. Beginning with the 2001-02 school
year, and for each subsequent school year, except for the 2003-04 and
2004-05 school years, each school district shall be provided a cost-of-living allocation sufficient to grant this cost-of-living increase.
(b) A school district shall distribute its cost-of-living
allocation for salaries and salary-related benefits in accordance with
the district's salary schedules, collective bargaining agreements, and
compensation policies. No later than the end of the school year, each
school district shall certify to the superintendent of public
instruction that it has spent funds provided for cost-of-living
increases on salaries and salary-related benefits.
(c) Any funded cost-of-living increase shall be included in the
salary base used to determine cost-of-living increases for school
employees in subsequent years. For teachers and other certificated
instructional staff, the rate of the annual cost-of-living increase
funded for certificated instructional staff shall be applied to the
base salary used with the statewide salary allocation schedule
established under RCW 28A.150.410 (as recodified by this act) and to
any other salary models used to recognize school district personnel
costs.
(2) For the purposes of this section, "cost-of-living index" means,
for any school year, the previous calendar year's annual average
consumer price index, using the official current base, compiled by the
bureau of labor statistics, United States department of labor for the
state of Washington. If the bureau of labor statistics develops more
than one consumer price index for areas within the state, the index
covering the greatest number of people, covering areas exclusively
within the boundaries of the state, and including all items shall be
used for the cost-of-living index in this section.
Sec. 235 RCW 28A.410.210 and 2005 c 497 s 201 are each amended to
read as follows:
The purpose of the professional educator standards board is to
establish policies and requirements for the preparation and
certification of educators that provide standards for competency in
professional knowledge and practice in the areas of certification; a
foundation of skills, knowledge, and attitudes necessary to help
students with diverse needs, abilities, cultural experiences, and
learning styles meet or exceed the learning goals outlined in RCW
28A.150.210 (as recodified by this act); knowledge of research-based
practice; and professional development throughout a career. The
Washington professional educator standards board shall:
(1) Establish policies and practices for the approval of programs
of courses, requirements, and other activities leading to educator
certification including teacher, school administrator, and educational
staff associate certification;
(2) Establish policies and practices for the approval of the
character of work required to be performed as a condition of entrance
to and graduation from any educator preparation program including
teacher, school administrator, and educational staff associate
preparation program as provided in subsection (1) of this section;
(3) Establish a list of accredited institutions of higher education
of this and other states whose graduates may be awarded educator
certificates as teacher, school administrator, and educational staff
associate and establish criteria and enter into agreements with other
states to acquire reciprocal approval of educator preparation programs
and certification, including teacher certification from the national
board for professional teaching standards;
(4) Establish policies for approval of nontraditional educator
preparation programs;
(5) Conduct a review of educator program approval standards at
least every five years, beginning in 2006, to reflect research findings
and assure continued improvement of preparation programs for teachers,
administrators, and school specialized personnel;
(6) Specify the types and kinds of educator certificates to be
issued 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 provided
by RCW 28A.410.100;
(8) Apply for and receive federal or other funds on behalf of the
state for purposes related to the duties of the board;
(9) Adopt rules under chapter 34.05 RCW that are necessary for the
effective and efficient implementation of this chapter;
(10) Maintain data concerning educator preparation programs and
their quality, educator certification, educator employment trends and
needs, and other data deemed relevant by the board;
(11) Serve as an advisory body to the superintendent of public
instruction on issues related to educator recruitment, hiring,
mentoring and support, professional growth, retention, educator
evaluation including but not limited to peer evaluation, and revocation
and suspension of licensure;
(12) Submit, by October 15th of each even-numbered year, a joint
report with the state board of education to the legislative education
committees, the governor, and the superintendent of public instruction.
The report shall address the progress the boards have made and the
obstacles they have encountered, individually and collectively, in the
work of achieving the goals set out in RCW 28A.150.210 (as recodified
by this act);
(13) Establish the prospective teacher assessment system for basic
skills and subject knowledge that shall be required to obtain residency
certification pursuant to RCW 28A.410.220 through 28A.410.240; and
(14) Conduct meetings under the provisions of chapter 42.30 RCW.
Sec. 236 RCW 28A.415.023 and 2005 c 497 s 209 and 2005 c 393 s 1
are each reenacted and amended to read as follows:
(1) Credits earned by certificated instructional staff after
September 1, 1995, shall be eligible for application to the salary
schedule developed by the legislative evaluation and accountability
program committee only if the course content:
(a) Is consistent with a school-based plan for mastery of student
learning goals as referenced in RCW 28A.655.110, the annual school
performance report, for the school in which the individual is assigned;
(b) Pertains to the individual's current assignment or expected
assignment for the subsequent school year;
(c) Is necessary to obtain an endorsement as prescribed by the
Washington professional educator standards board;
(d) Is specifically required to obtain advanced levels of
certification;
(e) Is included in a college or university degree program that
pertains to the individual's current assignment, or potential future
assignment, as a certified instructional staff; or
(f) Addresses research-based assessment and instructional
strategies for students with dyslexia, dysgraphia, and language
disabilities when addressing learning goal one under RCW 28A.150.210
(as recodified by this act), as applicable and appropriate for
individual certificated instructional staff.
(2) For the purpose of this section, "credits" mean college quarter
hour credits and equivalent credits for approved in-service, approved
continuing education, or approved internship hours computed in
accordance with RCW 28A.415.020.
(3) The superintendent of public instruction shall adopt rules and
standards consistent with the limits established by this section for
certificated instructional staff.
Sec. 237 RCW 28A.415.310 and 1993 c 336 s 408 are each amended to
read as follows:
(1) The paraprofessional training program is created. The primary
purpose of the program is to provide training for classroom assistants
to assist them in helping students achieve the student learning goals
under RCW 28A.150.210 (as recodified by this act). Another purpose of
the program is to provide training to certificated personnel who work
with classroom assistants.
(2) The superintendent of public instruction may allocate funds, to
the extent funds are appropriated for this program, to educational
service districts, school districts, and other organizations for
providing the training in subsection (1) of this section.
Sec. 238 RCW 28A.600.310 and 2005 c 125 s 1 are each amended to
read as follows:
(1) Eleventh and twelfth grade students or students who have not
yet received the credits required for the award of a high school
diploma and are eligible to be in the eleventh or twelfth grades may
apply to a participating institution of higher education to enroll in
courses or programs offered by the institution of higher education. A
student receiving home-based instruction enrolling in a public high
school for the sole purpose of participating in courses or programs
offered by institutions of higher education shall not be counted by the
school district in any required state or federal accountability
reporting if the student's parents or guardians filed a declaration of
intent to provide home-based instruction and the student received home-based instruction during the school year before the school year in
which the student intends to participate in courses or programs offered
by the institution of higher education. Students receiving home-based
instruction under chapter 28A.200 RCW and students attending private
schools approved under chapter 28A.195 RCW shall not be required to
meet the student learning goals, obtain a certificate of academic
achievement or a certificate of individual achievement to graduate from
high school, or to master the essential academic learning requirements.
However, students are eligible to enroll in courses or programs in
participating universities only if the board of directors of the
student's school district has decided to participate in the program.
Participating institutions of higher education, in consultation with
school districts, may establish admission standards for these students.
If the institution of higher education accepts a secondary school pupil
for enrollment under this section, the institution of higher education
shall send written notice to the pupil and the pupil's school district
within ten days of acceptance. The notice shall indicate the course
and hours of enrollment for that pupil.
(2) The pupil's school district shall transmit to the institution
of higher education an amount per each full-time equivalent college
student at statewide uniform rates for vocational and nonvocational
students. The superintendent of public instruction shall separately
calculate and allocate moneys appropriated for basic education under
RCW 28A.150.260 (as recodified by this act) to school districts for
purposes of making such payments and for granting school districts
seven percent thereof to offset program related costs. The
calculations and allocations shall be based upon the estimated
statewide annual average per full-time equivalent high school student
allocations under RCW 28A.150.260 (as recodified by this act),
excluding small high school enhancements, and applicable rules adopted
under chapter 34.05 RCW. The superintendent of public instruction, the
higher education coordinating board, and the state board for community
and technical colleges shall consult on the calculation and
distribution of the funds. The institution of higher education shall
not require the pupil to pay any other fees. The funds received by the
institution of higher education from the school district shall not be
deemed tuition or operating fees and may be retained by the institution
of higher education. A student enrolled under this subsection shall
not be counted for the purpose of determining any enrollment
restrictions imposed by the state on the institution of higher
education.
Sec. 239 RCW 28A.600.405 and 2007 c 355 s 4 are each amended to
read as follows:
(1) For purposes of this section and RCW 28B.50.534, "eligible
student" means a student who has completed all state and local high
school graduation requirements except the certificate of academic
achievement under RCW 28A.655.061 or the certificate of individual
achievement under RCW 28A.155.045, who is less than age twenty-one as
of September 1st of the academic year the student enrolls at a
community and technical college under this section, and who meets the
following criteria:
(a) Receives a level 2 (basic) score on the reading and writing
content areas of the high school Washington assessment of student
learning;
(b) Has not successfully met state standards on a retake of the
assessment or an alternative assessment;
(c) Has participated in assessment remediation; and
(d) Receives a recommendation to enroll in courses or a program of
study made available under RCW 28B.50.534 from his or her high school
principal.
(2) An eligible student may enroll in courses or a program of study
made available by a community or technical college participating in the
pilot program created under RCW 28B.50.534 for the purpose of obtaining
a high school diploma.
(3) For eligible students in courses or programs delivered directly
by the community or technical college participating in the pilot
program under RCW 28B.50.534 and only for enrollment in courses that
lead to a high school diploma, the superintendent of public instruction
shall transmit to the colleges participating in the pilot program an
amount per each full-time equivalent college student at statewide
uniform rates. The amount shall be the sum of (a), (b), (c), and (d)
of this subsection, as applicable.
(a) The superintendent shall separately calculate and allocate
moneys appropriated for basic education under RCW 28A.150.260 (as
recodified by this act) for purposes of making payments under this
section. The calculations and allocations shall be based upon the
estimated statewide annual average per full-time equivalent high school
student allocations under RCW 28A.150.260 (as recodified by this act),
excluding small high school enhancements, and applicable rules adopted
under chapter 34.05 RCW.
(b) The superintendent shall allocate an amount equal to the per
funded student state allocation for the learning assistance program
under chapter 28A.165 RCW for each full-time equivalent college student
or a pro rata amount for less than full-time enrollment.
(c) The superintendent shall allocate an amount equal to the per
full-time equivalent student allocation for the student achievement
program under RCW 28A.505.210 for each full-time equivalent college
student or a pro rata amount for less than full-time enrollment.
(d) For eligible students who meet eligibility criteria for the
state transitional bilingual instruction program under chapter 28A.180
RCW, the superintendent shall allocate an amount equal to the per
student state allocation for the transitional bilingual instruction
program or a pro rata amount for less than full-time enrollment.
(4) The superintendent may adopt rules establishing enrollment
reporting, recordkeeping, and accounting requirements necessary to
ensure accountability for the use of basic education, learning
assistance, and transitional bilingual program funds under this section
for the pilot program created under RCW 28B.50.534.
(5) All school districts in the geographic area of the two
community and technical colleges selected pursuant to section 8,
chapter 355, Laws of 2007 to participate in the pilot program shall
provide information about the high school completion option under RCW
28B.50.534 to students in grades ten, eleven, and twelve and the
parents or guardians of those students.
Sec. 240 RCW 28A.655.010 and 1993 c 336 s 201 are each amended to
read as follows:
Unless the context clearly requires otherwise, the definitions in
this section apply throughout RCW 28A.630.885 and 28A.300.130.
(1) "Commission" means the commission on student learning created
in RCW 28A.630.885.
(2) "Student learning goals" ((mean[s])) means the goals
established in RCW 28A.150.210 (as recodified by this act).
(3) "Essential academic learning requirements" means more specific
academic and technical skills and knowledge, based on the student
learning goals, as determined under RCW 28A.630.885(3)(a). Essential
academic learning requirements shall not limit the instructional
strategies used by schools or school districts or require the use of
specific curriculum.
(4) "Performance standards" or "standards" means the criteria used
to determine if a student has successfully learned the specific
knowledge or skill being assessed as determined under RCW
28A.630.885(3)(b). The standards should be set at internationally
competitive levels.
(5) "Assessment system" or "student assessment system" means a
series of assessments used to determine if students have successfully
learned the essential academic learning requirements. The assessment
system shall be developed under RCW 28A.630.885(3)(b).
(6) "Performance-based education system" means an education system
in which a significantly greater emphasis is placed on how well
students are learning, and significantly less emphasis is placed on
state-level laws and rules that dictate how instruction is to be
provided. The performance-based education system does not require that
schools use an outcome-based instructional model. Decisions regarding
how instruction is provided are to be made, to the greatest extent
possible, by schools and school districts, not by the state.
Sec. 241 RCW 28A.655.070 and 2007 c 354 s 5 are each amended to
read as follows:
(1) The superintendent of public instruction shall develop
essential academic learning requirements that identify the knowledge
and skills all public school students need to know and be able to do
based on the student learning goals in RCW 28A.150.210 (as recodified
by this act), develop student assessments, and implement the
accountability recommendations and requests regarding assistance,
rewards, and recognition of the state board of education.
(2) The superintendent of public instruction shall:
(a) Periodically revise the essential academic learning
requirements, as needed, based on the student learning goals in RCW
28A.150.210 (as recodified by this act). Goals one and two shall be
considered primary. To the maximum extent possible, the superintendent
shall integrate goal four and the knowledge and skill areas in the
other goals in the essential academic learning requirements; and
(b) Review and prioritize the essential academic learning
requirements and identify, with clear and concise descriptions, the
grade level content expectations to be assessed on the Washington
assessment of student learning and used for state or federal
accountability purposes. The review, prioritization, and
identification shall result in more focus and targeting with an
emphasis on depth over breadth in the number of grade level content
expectations assessed at each grade level. Grade level content
expectations shall be articulated over the grades as a sequence of
expectations and performances that are logical, build with increasing
depth after foundational knowledge and skills are acquired, and
reflect, where appropriate, the sequential nature of the discipline.
The office of the superintendent of public instruction, within seven
working days, shall post on its web site any grade level content
expectations provided to an assessment vendor for use in constructing
the Washington assessment of student learning.
(3) In consultation with the state board of education, the
superintendent of public instruction shall maintain and continue to
develop and revise a statewide academic assessment system in the
content areas of reading, writing, mathematics, and science for use in
the elementary, middle, and high school years designed to determine if
each student has mastered the essential academic learning requirements
identified in subsection (1) of this section. School districts shall
administer the assessments under guidelines adopted by the
superintendent of public instruction. The academic assessment system
may include a variety of assessment methods, including criterion-referenced and performance-based measures.
(4) If the superintendent proposes any modification to the
essential academic learning requirements or the statewide assessments,
then the superintendent shall, upon request, provide opportunities for
the education committees of the house of representatives and the senate
to review the assessments and proposed modifications to the essential
academic learning requirements before the modifications are adopted.
(5) The assessment system shall be designed so that the results
under the assessment system are used by educators as tools to evaluate
instructional practices, and to initiate appropriate educational
support for students who have not mastered the essential academic
learning requirements at the appropriate periods in the student's
educational development.
(6) By September 2007, the results for reading and mathematics
shall be reported in a format that will allow parents and teachers to
determine the academic gain a student has acquired in those content
areas from one school year to the next.
(7) To assist parents and teachers in their efforts to provide
educational support to individual students, the superintendent of
public instruction shall provide as much individual student performance
information as possible within the constraints of the assessment
system's item bank. The superintendent shall also provide to school
districts:
(a) Information on classroom-based and other assessments that may
provide additional achievement information for individual students; and
(b) A collection of diagnostic tools that educators may use to
evaluate the academic status of individual students. The tools shall
be designed to be inexpensive, easily administered, and quickly and
easily scored, with results provided in a format that may be easily
shared with parents and students.
(8) To the maximum extent possible, the superintendent shall
integrate knowledge and skill areas in development of the assessments.
(9) Assessments for goals three and four of RCW 28A.150.210 (as
recodified by this act) shall be integrated in the essential academic
learning requirements and assessments for goals one and two.
(10) The superintendent shall develop assessments that are directly
related to the essential academic learning requirements, and are not
biased toward persons with different learning styles, racial or ethnic
backgrounds, or on the basis of gender.
(11) The superintendent shall consider methods to address the
unique needs of special education students when developing the
assessments under this section.
(12) The superintendent shall consider methods to address the
unique needs of highly capable students when developing the assessments
under this section.
(13) The superintendent shall post on the superintendent's web site
lists of resources and model assessments in social studies, the arts,
and health and fitness.
Sec. 242 RCW 28A.655.110 and 1999 c 388 s 303 are each amended to
read as follows:
(1) Beginning with the 1994-95 school year, to provide the local
community and electorate with access to information on the educational
programs in the schools in the district, each school shall publish
annually a school performance report and deliver the report to each
parent with children enrolled in the school and make the report
available to the community served by the school. The annual
performance report shall be in a form that can be easily understood and
be used by parents, guardians, and other members of the community who
are not professional educators to make informed educational decisions.
As data from the assessments in RCW 28A.655.060 becomes available, the
annual performance report should enable parents, educators, and school
board members to determine whether students in the district's schools
are attaining mastery of the student learning goals under RCW
28A.150.210 (as recodified by this act), and other important facts
about the schools' performance in assisting students to learn. The
annual report shall make comparisons to a school's performance in
preceding years and shall include school level goals under RCW
28A.655.050, student performance relative to the goals and the
percentage of students performing at each level of the assessment, a
comparison of student performance at each level of the assessment to
the previous year's performance, and information regarding school-level
plans to achieve the goals.
(2) The annual performance report shall include, but not be limited
to: (a) A brief statement of the mission of the school and the school
district; (b) enrollment statistics including student demographics; (c)
expenditures per pupil for the school year; (d) a summary of student
scores on all mandated tests; (e) a concise annual budget report; (f)
student attendance, graduation, and dropout rates; (g) information
regarding the use and condition of the school building or buildings;
(h) a brief description of the learning improvement plans for the
school; and (i) an invitation to all parents and citizens to
participate in school activities.
(3) The superintendent of public instruction shall develop by June
30, 1994, and update periodically, a model report form, which shall
also be adapted for computers, that schools may use to meet the
requirements of subsections (1) and (2) of this section. In order to
make school performance reports broadly accessible to the public, the
superintendent of public instruction, to the extent feasible, shall
make information on each school's report available on or through the
superintendent's internet web site.
Sec. 243 RCW 39.35D.020 and 2006 c 263 s 330 are each amended to
read as follows:
The definitions in this section apply throughout this chapter
unless the context clearly requires otherwise.
(1) "Department" means the department of general administration.
(2) "High-performance public buildings" means high-performance
public buildings designed, constructed, and certified to a standard as
identified in this chapter.
(3) "Institutions of higher education" means the state
universities, the regional universities, The Evergreen State College,
the community colleges, and the technical colleges.
(4) "LEED silver standard" means the United States green building
council leadership in energy and environmental design green building
rating standard, referred to as silver standard.
(5)(a) "Major facility project" means: (i) A construction project
larger than five thousand gross square feet of occupied or conditioned
space as defined in the Washington state energy code; or (ii) a
building renovation project when the cost is greater than fifty percent
of the assessed value and the project is larger than five thousand
gross square feet of occupied or conditioned space as defined in the
Washington state energy code.
(b) "Major facility project" does not include: (i) Projects for
which the department, public school district, or other applicable
agency and the design team determine the LEED silver standard or the
Washington sustainable school design protocol to be not practicable; or
(ii) transmitter buildings, pumping stations, hospitals, research
facilities primarily used for sponsored laboratory experimentation,
laboratory research, or laboratory training in research methods, or
other similar building types as determined by the department. When the
LEED silver standard is determined to be not practicable for a project,
then it must be determined if any LEED standard is practicable for the
project. If LEED standards or the Washington sustainable school design
protocol are not followed for the project, the public school district
or public agency shall report these reasons to the department.
(6) "Public agency" means every state office, officer, board,
commission, committee, bureau, department, and public higher education
institution.
(7) "Public school district" means a school district eligible to
receive state basic education moneys pursuant to RCW 28A.150.250 and
28A.150.260 (as recodified by this act).
(8) "Washington sustainable school design protocol" means the
school design protocol and related information developed by the office
of the superintendent of public instruction, in conjunction with school
districts and the school facilities advisory board.
Sec. 244 RCW 41.59.935 and 1990 c 33 s 571 are each amended to
read as follows:
Nothing in this chapter shall be construed to grant employers or
employees the right to reach agreements regarding salary or
compensation increases in excess of those authorized in accordance with
RCW 28A.150.410 (as recodified by this act) and 28A.400.200.
Sec. 245 RCW 74.09.5256 and 1999 c 318 s 4 are each amended to
read as follows:
(1) Districts shall reassign medicaid payments to be received under
RCW 74.09.5249 through 74.09.5253, 74.09.5254 and 74.09.5255, and this
section to the superintendent of public instruction.
(2) The superintendent of public instruction shall receive medicaid
payments from the department of social and health services for all
state and federal moneys under Title XIX of the federal social security
act due to districts for medical assistance provided in the district's
special education program.
(3) The superintendent shall use reports from the department of
social and health services, the state billing agent, districts acting
as their own billing agent, and firms to calculate the appropriate
amounts of incentive payments and state special education program
moneys due each district.
(4) Moneys received by the superintendent of public instruction
shall be disbursed for the following purposes:
(a) Reimbursement to the department of social and health services
for the state-funded portion of medicaid payments;
(b) Reimbursement for billing agent's fees, including those of
districts acting as their own agent and billing fees of firms;
(c) Incentive payments to each school district equal to one-half of
the percent of potential medicaid eligible students billed by the
school district as calculated by the superintendent multiplied by the
federal portion of medicaid payments after deduction for billing fees;
and
(d) The remainder shall be distributed to districts as part of
state allocations for the special education program provided under RCW
28A.150.390 (as recodified by this act).
(5) With respect to private insurer funds received by districts,
the superintendent of public instruction shall reduce state special
education program allocations to districts by one minus the percent
calculated by the superintendent in subsection (4)(c) of this section,
after deduction for billing fees.
Sec. 246 RCW 84.33.010 and 1990 c 33 s 598 are each amended to
read as follows:
As a result of the study and analysis of systems of taxation of
standing timber and forest lands by the forest tax committee pursuant
to Senate Concurrent Resolution No. 30 of the 41st session of the
legislature, and the recommendations of the committee based thereon,
the legislature hereby finds that:
(1) The public welfare requires that this state's system for
taxation of timber and forest lands be modernized to assure the
citizens of this state and its future generations the advantages to be
derived from the continuous production of timber and forest products
from the significant area of privately owned forests in this state. It
is this state's policy to encourage forestry and restocking and
reforesting of such forests so that present and future generations will
enjoy the benefits which forest areas provide in enhancing water
supply, in minimizing soil erosion, storm and flood damage to persons
or property, in providing a habitat for wild game, in providing scenic
and recreational spaces, in maintaining land areas whose forests
contribute to the natural ecological equilibrium, and in providing
employment and profits to its citizens and raw materials for products
needed by everyone.
(2) The combination of variations in quantities, qualities and
locations of timber and forest lands, the fact that market areas for
timber products are nation-wide and world-wide and the unique long term
nature of investment costs and risks associated with growing timber,
all make exceedingly difficult the function of valuing and assessing
timber and forest lands.
(3) The existing ad valorem property tax system is unsatisfactory
for taxation of standing timber and forest land and will significantly
frustrate, to an ever increasing degree with the passage of time, the
perpetual enjoyment of the benefits enumerated above.
(4) For these reasons it is desirable, in exercise of the powers to
promote the general welfare and to impose taxes; that
(a) the ad valorem system for taxing timber be modified and
discontinued in stages over a three year period during which such
system will be replaced by one under which timber will be taxed on the
basis of stumpage value at the time of harvest, and
(b) forest land remain under the ad valorem taxation system but be
taxed only as provided in this chapter and RCW 28A.150.250 (as
recodified by this act).
Sec. 247 RCW 84.52.0531 and 2006 c 119 s 2 are each amended to
read as follows:
The maximum dollar amount which may be levied by or for any school
district for maintenance and operation support under the provisions of
RCW 84.52.053 shall be determined as follows:
(1) For excess levies for collection in calendar year 1997, the
maximum dollar amount shall be calculated pursuant to the laws and
rules in effect in November 1996.
(2) For excess levies for collection in calendar year 1998 and
thereafter, the maximum dollar amount shall be the sum of (a) plus or
minus (b) and (c) of this subsection minus (d) of this subsection:
(a) The district's levy base as defined in subsections (3) and (4)
of this section multiplied by the district's maximum levy percentage as
defined in subsection (5) of this section;
(b) For districts in a high/nonhigh relationship, the high school
district's maximum levy amount shall be reduced and the nonhigh school
district's maximum levy amount shall be increased by an amount equal to
the estimated amount of the nonhigh payment due to the high school
district under RCW 28A.545.030(3) and 28A.545.050 for the school year
commencing the year of the levy;
(c) For districts in an interdistrict cooperative agreement, the
nonresident school district's maximum levy amount shall be reduced and
the resident school district's maximum levy amount shall be increased
by an amount equal to the per pupil basic education allocation included
in the nonresident district's levy base under subsection (3) of this
section multiplied by:
(i) The number of full-time equivalent students served from the
resident district in the prior school year; multiplied by:
(ii) The serving district's maximum levy percentage determined
under subsection (5) of this section; increased by:
(iii) The percent increase per full-time equivalent student as
stated in the state basic education appropriation section of the
biennial budget between the prior school year and the current school
year divided by fifty-five percent;
(d) The district's maximum levy amount shall be reduced by the
maximum amount of state matching funds for which the district is
eligible under RCW 28A.500.010.
(3) For excess levies for collection in calendar year 2005 and
thereafter, a district's levy base shall be the sum of allocations in
(a) through (c) of this subsection received by the district for the
prior school year and the amounts determined under subsection (4) of
this section, including allocations for compensation increases, plus
the sum of such allocations multiplied by the percent increase per full
time equivalent student as stated in the state basic education
appropriation section of the biennial budget between the prior school
year and the current school year and divided by fifty-five percent. A
district's levy base shall not include local school district property
tax levies or other local revenues, or state and federal allocations
not identified in (a) through (c) of this subsection.
(a) The district's basic education allocation as determined
pursuant to RCW 28A.150.250, 28A.150.260, and 28A.150.350 (as
recodified by this act);
(b) State and federal categorical allocations for the following
programs:
(i) Pupil transportation;
(ii) Special education;
(iii) Education of highly capable students;
(iv) Compensatory education, including but not limited to learning
assistance, migrant education, Indian education, refugee programs, and
bilingual education;
(v) Food services; and
(vi) Statewide block grant programs; and
(c) Any other federal allocations for elementary and secondary
school programs, including direct grants, other than federal impact aid
funds and allocations in lieu of taxes.
(4) For levy collections in calendar years 2005 through 2011, in
addition to the allocations included under subsection (3)(a) through
(c) of this section, a district's levy base shall also include the
following:
(a) The difference between the allocation the district would have
received in the current school year had RCW 84.52.068 not been amended
by chapter 19, Laws of 2003 1st sp. sess. and the allocation the
district received in the current school year pursuant to RCW 84.52.068.
The office of the superintendent of public instruction shall offset the
amount added to a district's levy base pursuant to this subsection
(4)(a) by any additional per student allocations included in a
district's levy base pursuant to the enactment of an initiative to the
people subsequent to June 10, 2004; and
(b) The difference between the allocations the district would have
received the prior school year had RCW 28A.400.205 not been amended by
chapter 20, Laws of 2003 1st sp. sess. and the allocations the district
actually received the prior school year pursuant to RCW 28A.400.205.
The office of the superintendent of public instruction shall offset the
amount added to a district's levy base pursuant to this subsection
(4)(b) by any additional salary increase allocations included in a
district's levy base pursuant to the enactment of an initiative to the
people subsequent to June 10, 2004.
(5) A district's maximum levy percentage shall be twenty-two
percent in 1998 and twenty-four percent in 1999 and every year
thereafter; plus, for qualifying districts, the grandfathered
percentage determined as follows:
(a) For 1997, the difference between the district's 1993 maximum
levy percentage and twenty percent; and
(b) For 1998 and thereafter, the percentage calculated as follows:
(i) Multiply the grandfathered percentage for the prior year times
the district's levy base determined under subsection (3) of this
section;
(ii) Reduce the result of (b)(i) of this subsection by any levy
reduction funds as defined in subsection (6) of this section that are
to be allocated to the district for the current school year;
(iii) Divide the result of (b)(ii) of this subsection by the
district's levy base; and
(iv) Take the greater of zero or the percentage calculated in
(b)(iii) of this subsection.
(6) "Levy reduction funds" shall mean increases in state funds from
the prior school year for programs included under subsections (3) and
(4) of this section: (a) That are not attributable to enrollment
changes, compensation increases, or inflationary adjustments; and (b)
that are or were specifically identified as levy reduction funds in the
appropriations act. If levy reduction funds are dependent on formula
factors which would not be finalized until after the start of the
current school year, the superintendent of public instruction shall
estimate the total amount of levy reduction funds by using prior school
year data in place of current school year data. Levy reduction funds
shall not include moneys received by school districts from cities or
counties.
(7) For the purposes of this section, "prior school year" means the
most recent school year completed prior to the year in which the levies
are to be collected.
(8) For the purposes of this section, "current school year" means
the year immediately following the prior school year.
(9) Funds collected from transportation vehicle fund tax levies
shall not be subject to the levy limitations in this section.
(10) The superintendent of public instruction shall develop rules
((and regulations)) and inform school districts of the pertinent data
necessary to carry out the provisions of this section.
Sec. 248 RCW 84.52.0531 and 1997 c 259 s 2 are each amended to
read as follows:
The maximum dollar amount which may be levied by or for any school
district for maintenance and operation support under the provisions of
RCW 84.52.053 shall be determined as follows:
(1) For excess levies for collection in calendar year 1997, the
maximum dollar amount shall be calculated pursuant to the laws and
rules in effect in November 1996.
(2) For excess levies for collection in calendar year 1998 and
thereafter, the maximum dollar amount shall be the sum of (a) plus or
minus (b) and (c) of this subsection minus (d) of this subsection:
(a) The district's levy base as defined in subsection (3) of this
section multiplied by the district's maximum levy percentage as defined
in subsection (4) of this section;
(b) For districts in a high/nonhigh relationship, the high school
district's maximum levy amount shall be reduced and the nonhigh school
district's maximum levy amount shall be increased by an amount equal to
the estimated amount of the nonhigh payment due to the high school
district under RCW 28A.545.030(3) and 28A.545.050 for the school year
commencing the year of the levy;
(c) For districts in an interdistrict cooperative agreement, the
nonresident school district's maximum levy amount shall be reduced and
the resident school district's maximum levy amount shall be increased
by an amount equal to the per pupil basic education allocation included
in the nonresident district's levy base under subsection (3) of this
section multiplied by:
(i) The number of full-time equivalent students served from the
resident district in the prior school year; multiplied by:
(ii) The serving district's maximum levy percentage determined
under subsection (4) of this section; increased by:
(iii) The percent increase per full-time equivalent student as
stated in the state basic education appropriation section of the
biennial budget between the prior school year and the current school
year divided by fifty-five percent;
(d) The district's maximum levy amount shall be reduced by the
maximum amount of state matching funds for which the district is
eligible under RCW 28A.500.010.
(3) For excess levies for collection in calendar year 1998 and
thereafter, a district's levy base shall be the sum of allocations in
(a) through (c) of this subsection received by the district for the
prior school year, including allocations for compensation increases,
plus the sum of such allocations multiplied by the percent increase per
full time equivalent student as stated in the state basic education
appropriation section of the biennial budget between the prior school
year and the current school year and divided by fifty-five percent. A
district's levy base shall not include local school district property
tax levies or other local revenues, or state and federal allocations
not identified in (a) through (c) of this subsection.
(a) The district's basic education allocation as determined
pursuant to RCW 28A.150.250, 28A.150.260, and 28A.150.350 (as
recodified by this act);
(b) State and federal categorical allocations for the following
programs:
(i) Pupil transportation;
(ii) Special education;
(iii) Education of highly capable students;
(iv) Compensatory education, including but not limited to learning
assistance, migrant education, Indian education, refugee programs, and
bilingual education;
(v) Food services; and
(vi) Statewide block grant programs; and
(c) Any other federal allocations for elementary and secondary
school programs, including direct grants, other than federal impact aid
funds and allocations in lieu of taxes.
(4) A district's maximum levy percentage shall be twenty-two
percent in 1998 and twenty-four percent in 1999 and every year
thereafter; plus, for qualifying districts, the grandfathered
percentage determined as follows:
(a) For 1997, the difference between the district's 1993 maximum
levy percentage and twenty percent; and
(b) For 1998 and thereafter, the percentage calculated as follows:
(i) Multiply the grandfathered percentage for the prior year times
the district's levy base determined under subsection (3) of this
section;
(ii) Reduce the result of (b)(i) of this subsection by any levy
reduction funds as defined in subsection (5) of this section that are
to be allocated to the district for the current school year;
(iii) Divide the result of (b)(ii) of this subsection by the
district's levy base; and
(iv) Take the greater of zero or the percentage calculated in
(b)(iii) of this subsection.
(5) "Levy reduction funds" shall mean increases in state funds from
the prior school year for programs included under subsection (3) of
this section: (a) That are not attributable to enrollment changes,
compensation increases, or inflationary adjustments; and (b) that are
or were specifically identified as levy reduction funds in the
appropriations act. If levy reduction funds are dependent on formula
factors which would not be finalized until after the start of the
current school year, the superintendent of public instruction shall
estimate the total amount of levy reduction funds by using prior school
year data in place of current school year data. Levy reduction funds
shall not include moneys received by school districts from cities or
counties.
(6) For the purposes of this section, "prior school year" means the
most recent school year completed prior to the year in which the levies
are to be collected.
(7) For the purposes of this section, "current school year" means
the year immediately following the prior school year.
(8) Funds collected from transportation vehicle fund tax levies
shall not be subject to the levy limitations in this section.
(9) The superintendent of public instruction shall develop rules
((and regulations)) and inform school districts of the pertinent data
necessary to carry out the provisions of this section.
NEW SECTION. Sec. 301 Part headings used in this act are not any
part of the law.
NEW SECTION. Sec. 302 The following are codified or recodified
in the following order with subchapter headings in the new chapter
created in section 303 of this act.
Programs and Funding
Section 1 of this act
RCW 28A.150.200
RCW 28A.150.210
RCW 28A.150.211
RCW 28A.150.220
RCW 28A.150.250
RCW 28A.150.260
Section 103 of this act
RCW 28A.150.205
RCW 28A.150.060
RCW 28A.150.100
RCW 28A.150.410
RCW 28A.150.230
RCW 28A.150.240
RCW 28A.150.350
RCW 28A.150.370
RCW 28A.150.390
RCW 28A.150.280
Section 106 of this act
Administration
RCW 28A.150.270
RCW 28A.150.275
RCW 28A.150.290
RCW 28A.150.400
RCW 28A.150.360
RCW 28A.150.420
NEW SECTION. Sec. 303 Sections 1, 103, 106, and 301 of this act
constitute a new chapter in Title
NEW SECTION. Sec. 304 Section 247 of this act expires January 1,
2012.
NEW SECTION. Sec. 305 Section 248 of this act takes effect
January 1, 2012.