6696-S2.E AMH ERIC MCLA 576

E2SSB 6696 - H AMD TO WAYS COMM AMD (H-5458.2/10) 1403

By Representative Ericksen

FAILED 3/05/2010

On page 5, line 32 of the striking amendment, after "models." insert "School districts are encouraged to implement an innovation school as provided in sections 402 through 409 of this act in a persistently lowest-achieving school, as long as the innovation school plan under section 404 of this act also meets requirements of a federal intervention model."

On page 34, after line 5 of the striking amendment, insert the following:

"NEW SECTION. Sec. 402. (1) The legislature finds that:

(a) To further the goals of high quality public education throughout the state, each school district board of directors should have the authority to grant public schools of the district the maximum degree of flexibility possible to meet the needs of individual students and the communities in which they live; and

(b) Particularly in schools and communities that are struggling to improve student academic outcomes and close the achievement gap among groups of students, there is a critical need for innovative models of public education that are tailored to the unique circumstances and needs of the students in those schools and communities and implement evidence-based practices proven to be effective in reducing demographic disparities in student achievement.

(2) Therefore, the legislature intends to:

(a) Grant school districts and public schools greater ability to meet the educational needs of a diverse student population;

(b) Improve educational performance through greater individual school autonomy and managerial flexibility;

(c) Encourage innovation in education by providing local school communities and principals with greater control over levels of staffing, personnel selection and evaluation, scheduling, and educational programming with the goal of improving student achievement and closing the achievement gap; and

(d) Hold public schools that receive greater autonomy under this chapter accountable for student academic achievement as measured by the statewide assessments of student learning and other accountability measures.

(3) The legislature encourages school districts identified for required action under section 103 of this act to establish innovation schools as an intervention model under section 105 of this act in any persistently lowest-performing schools identified in the district.

NEW SECTION. Sec. 403. Any school district board of directors may establish one or more innovation schools or innovation school zones within the district as provided in this section.

(1)(a) Any public school within a school district may submit to the board of directors of the district an innovation school plan as described under section 404 of this act. A group of public schools within a school district that share common interests, such as geographical location or educational focus, or that sequentially serve classes of students as they progress through elementary and secondary education may jointly submit to the board of directors of the district a plan to create an innovation school zone as described under section 404 of this act. An innovation school zone may include all public schools within a school district.

(b) A school district board of directors that receives an innovation school plan or innovation school zone plan shall either approve or disapprove the plan within sixty days of receiving the plan. If the board of directors rejects the plan, the board must provide a written explanation of the reasons for the rejection. The public school or group of public schools may resubmit an amended plan any time after a plan is rejected.

(2) Any school district board of directors may initiate and collaborate with one or more public schools in the district to create one or more innovation schools through an innovation school plan or one or more innovation school zones through an innovation school zone plan. In creating an innovation school plan or an innovation school zone plan, the board of directors must ensure that each public school affected by the plan has substantial opportunity to participate in development of the plan.

(3) If a school district board of directors approves or creates an innovation school or an innovation school zone within the district, the board of directors may seek designation of the district as an innovation school district under section 406 of this act.

NEW SECTION. Sec. 404. (1) An innovation school plan shall include the following information:

(a) A statement of the mission of the public school and why designation as an innovation school would enhance the ability of the school to achieve its mission;

(b) A description of the innovations to be implemented by the public school, which may include but are not limited to innovations in school staffing, curriculum and assessment, class scheduling, use of financial and other resources, and recruitment, employment, evaluation, and compensation of school employees;

(c) A listing of the programs, policies, or other operational aspects of the public school that would be affected by the innovations identified in the plan and the manner in which they would be affected, including but not limited to:

(i) The research-based educational program to be implemented by the school;

(ii) Unique learning opportunities for students to be implemented by the school;

(iii) The student promotion and graduation policies to be implemented at the school;

(iv) The student assessment plan at the school;

(v) The length of school day and school year at the school;

(vi) The proposed budget for the school; and

(vii) The proposed staffing plan for the school;

(d) Identification of the improvements in academic performance that the public school expects to achieve in implementing the innovations;

(e) A statement of the level of support for designation as an innovation school demonstrated by the personnel employed at the school, the students and parents of students enrolled in the school, and the community surrounding the school;

(f) An estimate of the cost savings and increased efficiencies, if any, the public school expects to achieve in implementing the identified innovations;

(g) A listing and description of any waivers of state rules or laws and state or school district policies that are necessary for the public school to implement the identified innovations and why the waivers are necessary; and

(h) Any additional information required by the school district board of directors to be included in an innovation school plan.

(2) An innovation school zone plan must include all of the information under subsection (1) of this section, plus the following additional information:

(a) A description of how innovations in the public schools within the innovation school zone would be integrated to achieve results that would be less likely to be accomplished by each school working alone;

(b) An estimate of any economies of scale that would be achieved by innovations implemented jointly by the public schools within the innovation school zone; and

(c) A statement of the level of support for creating an innovation school zone demonstrated by the personnel employed at each public school that would be included in the zone, the students and parents of students enrolled in each of the schools, and the community surrounding the innovation school zone. In determining the level of support, each public school shall specifically solicit input concerning the selection of schools included in the innovation school zone and the strategies and procedures that would be used in implementing and integrating the innovations within the schools in the zone.

(3) In considering or creating an innovation school plan or an innovation school zone plan, each public school involved in the plan and each school district board of directors is strongly encouraged to consider innovations in the following areas:

(a) Curriculum and assessments;

(b) Expanded accountability measures, including the use of a variety of accountability measures to more accurately present a complete measure of student learning and accomplishment, such as:

(i) Use of graduation or exit examinations, end-of-course examinations, student portfolio reviews, or national and international accountability measures;

(ii) Measuring the percentage of students continuing on to postsecondary education; and

(iii) Measuring the percentage of students concurrently obtaining a high school diploma and an associate degree or career and technical education certificate;

(c) Provision of services, including special education services, services for highly capable students, services for English language learner students, and educational and support services for students at risk of academic failure, suspension, or expulsion;

(d) Implementation of programs, services, and strategies specifically intended to close the achievement gap and increase graduation rates across all groups of students in the school;

(e) Teacher recruitment, training, and professional development;

(f) Employment and assignment policies;

(g) Performance expectations and evaluation procedures for teachers and principals;

(h) Compensation for teachers, principals, and other school building personnel, including but not limited to performance-based pay, total compensation plans, and other innovations;

(i) School governance and the roles, responsibilities, and expectations of principals in innovation schools or schools in an innovation school zone;

(j) School-based budgeting, hiring and assignment of school staff, and other management responsibilities; and

(k) Preparation and counseling of students for transition to postsecondary education and employment.

NEW SECTION. Sec. 405. Each school district board of directors is authorized and encouraged to seek and accept public and private gifts, grants, and donations to offset the costs of developing and implementing innovation school plans and innovation school zone plans.

NEW SECTION. Sec. 406. A school district board of directors that has approved or created an innovation school or an innovation school zone under section 403 of this act may seek designation by the state board of education as an innovation school district under this section.

(1) A school district board of directors that seeks designation as an innovation school district shall submit its innovation school plans or innovation school zone plans to the state board of education and the superintendent of public instruction for review and comment. Within sixty days after receiving such a plan, the state board of education and the superintendent of public instruction shall respond to the school district board of directors with any suggested changes or additions to the plan, including suggestions for further innovations or measures to increase the likelihood that the innovations will result in greater academic achievement within the innovation schools or innovation school zones. Based on the comments of the state board of education and the superintendent of public instruction, a school district board of directors may withdraw and resubmit the innovation school plan or innovation school zone plan.

(2) Within ten days of providing comment on an innovation school plan or innovation school zone plan under subsection (1) of this section, unless the school district board of directors withdraws the plan for purposes of revision, the state board of education shall designate the school district as an innovation school district unless the state board concludes that the plan:

(a) Is likely to result in a decrease in academic achievement in the innovation school or innovation school zone;

(b) Is not financially feasible to implement; or

(c) Would violate state or federal laws or rules that are not authorized to be waived under section 407 or 408 of this act.

(3) If the state board of education does not designate a school district as an innovation school district, the board shall provide a written explanation of the basis for the rejection to the school district board of directors. The school district board of directors may resubmit a revised innovation school plan or innovation school zone plan and seek designation as an innovation school district at any time after the designation is rejected.

NEW SECTION. Sec. 407. The superintendent of public instruction and the state board of education, within the scope of their statutory authority, shall waive the application of rules, policies, and procedures for an innovation school district designated under section 406 of this act to the extent the waiver of the rules, policies, and procedures are included in an approved innovation school plan or innovation school zone plan. The superintendent of public instruction and the state board of education shall not waive rules, policies, and procedures that jeopardize the receipt of state or federal funds that the innovation school district would otherwise be eligible to receive unless the innovation school district submits a written authorization for the waiver acknowledging that receipt of these funds could be jeopardized. A waiver of rules, policies, and procedures under this section applies only to the approved innovation schools or innovation school zones in the designated innovation school district and only as specified in the approved plan.

NEW SECTION. Sec. 408. (1) The superintendent of public instruction shall waive the statutory requirements and any related rules of the chapters of law specified under this section for an innovation school district designated under section 406 of this act to the extent the waiver is included in an approved innovation school plan or innovation school zone plan. A waiver of statutory requirements and any related rules under this section applies only to the approved innovation schools or innovation school zones in the designated innovation school district and only as specified in the approved plan.

(2) The following laws are subject to waiver under this section, except as provided under subsection (3) of this section:

(a) Chapter 28A.150 RCW, general provisions;

(b) Chapter 28A.165 RCW, learning assistance program;

(d) Chapter 28A.175 RCW, dropout prevention, intervention, and retrieval system;

(e) Chapter 28A.180 RCW, transitional bilingual instruction program;

(f) Chapter 28A.185 RCW, highly capable students;

(g) Chapter 28A.210 RCW, health screening and requirements;

(h) Chapter 28A.215 RCW, early childhood, preschools, and before-and-after school care;

(i) Chapter 28A.220 RCW, traffic safety;

(j) Chapter 28A.225 RCW, compulsory school attendance and admission;

(k) Chapter 28A.230 RCW, compulsory course work and activities;

(l) Chapter 28A.245 RCW, skill centers;

(m) Chapter 28A.250 RCW, online learning;

(n) Chapter 28A.300 RCW, superintendent of public instruction;

(o) Chapter 28A.320 RCW, provisions applicable to all districts;

(p) Chapter 28A.400 RCW, employees;

(q) Chapter 28A.405 RCW, certificated employees;

(r) Chapter 28A.410 RCW, certification;

(s) Chapter 28A.600 RCW, students;

(t) Chapter 28A.620 RCW, community education programs;

(u) Chapter 28A.650 RCW, education technology; and

(v) Chapter 28A.700 RCW, secondary career and technical education.

(3) The following laws may not be waived:

(a) State and federal laws and regulations pertaining to health, safety, civil rights, privacy, and nondiscrimination;

(b) The provisions of the basic education act relating to the basic education goals under RCW 28A.150.210 and funding allocations, formulas, and definitions under RCW 28A.150.250, 28A.150.260, 28A.150.390, and 28A.150.392, except for waivers provided in accordance with RCW 28A.150.250;

(c) Laws regarding financial examinations and audits as determined by the state auditor and the office of the superintendent of public instruction, including audits for legal and fiscal compliance;

(d) Laws pertaining to the election of school district boards of directors and to the organization and reorganization of school districts;

(e) Employee background and record check requirements under RCW 28A.400.301 and 28A.400.303 and mandatory termination for crimes against children under RCW 28A.400.320 through 28A.400.330; and

(f) All other applicable laws and rules not specifically waived under subsection (2) of this section or section 407 of this act.

NEW SECTION. Sec. 409. (1) An innovation school district designated under section 406 of this act shall permit but not require employees assigned to an innovation school or a school within an innovation school zone to elect to be removed from collective bargaining units and collective bargaining agreements as provided under sections 410 and 411 of this act.

(2) If the employees assigned to a school within an innovation school zone do not elect to be removed from the collective bargaining unit, the school district board of directors may revise the innovation school zone plan to remove that school from the innovation school zone plan.

(3) Any employee who is assigned to an innovation school or a school within an innovation school zone may request a transfer to another school within the school district. The superintendent and school district board of directors shall make every reasonable effort to accommodate the employee's request for a transfer.

NEW SECTION. Sec. 410. A new section is added to chapter 41.56 RCW to read as follows:

(1) Any collective bargaining agreement entered into, extended, amended, or renewed after the effective date of this section between a school district employer and employees under this chapter must contain a provision that allows employees of an innovation school district designated under section 406 of this act who are assigned to an innovation school or a school within an innovation school zone to elect to be removed from the bargaining unit and the collective bargaining agreement as provided under this section.

(2) Employees assigned to an innovation school or a school within an innovation school zone may elect, by means of a secret ballot approved by a majority of the employees under this chapter assigned to the school, to be removed from their bargaining unit and collective bargaining agreement. In the case of schools within an innovation school zone, the election shall be conducted separately for each school within the zone.

(3) Removal of employees of an innovation school or a school within an innovation school zone from bargaining units and collective bargaining agreements under this section shall continue so long as the school remains an innovation school or within an innovation school zone.

NEW SECTION. Sec. 411. A new section is added to chapter 41.59 RCW to read as follows:

(1) Any collective bargaining agreement entered into, extended, amended, or renewed after the effective date of this section between an employer and employees under this chapter must contain a provision that allows employees of an innovation school district designated under section 406 of this act who are assigned to an innovation school or a school within an innovation school zone to elect to be removed from the bargaining unit and the collective bargaining agreement as provided under this section.

NEW SECTION. Sec. 412. A new section is added to chapter 28A.150 RCW to read as follows:

An innovation school district designated under section 406 of this act shall be subject to the requirements of this chapter and related rules unless a waiver is included in an approved innovation school plan or innovation school zone plan of the district. A waiver as provided under section 407 or 408 of this act from the requirements of this chapter and related rules applies only to the approved innovation schools or innovation school zones in the designated innovation school district and only as specified in the approved plan.

NEW SECTION. Sec. 413. A new section is added to chapter 28A.165 RCW to read as follows:

NEW SECTION. Sec. 414. A new section is added to chapter 28A.170 RCW to read as follows:

NEW SECTION. Sec. 415. A new section is added to chapter 28A.175 RCW to read as follows:

NEW SECTION. Sec. 416. A new section is added to chapter 28A.180 RCW to read as follows:

NEW SECTION. Sec. 417. A new section is added to chapter 28A.185 RCW to read as follows:

NEW SECTION. Sec. 418. A new section is added to chapter 28A.210 RCW to read as follows:

NEW SECTION. Sec. 419. A new section is added to chapter 28A.215 RCW to read as follows:

NEW SECTION. Sec. 420. A new section is added to chapter 28A.220 RCW to read as follows:

NEW SECTION. Sec. 421. A new section is added to chapter 28A.225 RCW to read as follows:

NEW SECTION. Sec. 422. A new section is added to chapter 28A.230 RCW to read as follows:

NEW SECTION. Sec. 423. A new section is added to chapter 28A.245 RCW to read as follows:

NEW SECTION. Sec. 424. A new section is added to chapter 28A.250 RCW to read as follows:

NEW SECTION. Sec. 425. A new section is added to chapter 28A.300 RCW to read as follows:

NEW SECTION. Sec. 426. A new section is added to chapter 28A.320 RCW to read as follows:

NEW SECTION. Sec. 427. A new section is added to chapter 28A.400 RCW to read as follows:

NEW SECTION. Sec. 428. A new section is added to chapter 28A.405 RCW to read as follows:

NEW SECTION. Sec. 429. A new section is added to chapter 28A.410 RCW to read as follows:

NEW SECTION. Sec. 430. A new section is added to chapter 28A.600 RCW to read as follows:

NEW SECTION. Sec. 431. A new section is added to chapter 28A.620 RCW to read as follows:

NEW SECTION. Sec. 432. A new section is added to chapter 28A.650 RCW to read as follows:

NEW SECTION. Sec. 433. A new section is added to chapter 28A.700 RCW to read as follows:

On page 78, after line 29 of the striking amendment, insert the following:

"NEW SECTION. Sec. 1105. If any part of this act is found to be in conflict with federal requirements that are a prescribed condition to the allocation of federal funds to the state, the conflicting part of this act is inoperative solely to the extent of the conflict and with respect to the agencies directly affected, and this finding does not affect the operation of the remainder of this act in its application to the agencies concerned. Rules adopted under this act must meet federal requirements that are a necessary condition to the receipt of federal funds by the state.

NEW SECTION. Sec. 1106. If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected.

NEW SECTION. Sec. 1107. Sections 402 through 409 of this act constitute a new chapter in Title 28A RCW."

Renumber the remaining sections consecutively and correct any internal references accordingly.

EFFECT: Establishes a process for a local school board to create Innovation Schools or groups of schools called an Innovation School Zone. Encourages Required Action districts to implement Innovation Schools in their persistently lowest-performing schools, as long as the Innovation School Plan meets the requirements of a federal innovation model for receipt of federal school improvement funds.

· Outlines various elements of an Innovation School or School Zone plan, which include a list of any state laws or rules that the school wants to have waived in order to implement the plan.

· Once a plan is approved by the school board, authorizes the board to request designation by the State Board of Education as an Innovation School District.

· If the SBE approves the designation, requires the SPI and the SBE, within their statutory authority, to waive any rules or procedures that are included in an approved plan.

· Requires the SPI to waive any of a series of specified laws that are included in an approved plan, as long as the waivers only apply to the schools in the plan, and only to the extent the waiver is a part of the plan.

· Allows most of the key laws in the school code to be waived, including teacher evaluation and hiring laws, salaries, requirements to hire only certified staff, minimum hours of instruction and length of the school year, and others.

· Prohibits waiver of a number of laws: those pertaining to civil rights, health and safety; statewide assessments and accountability; allocations of state funding; school district budgeting and accounting; legal and financial audits; laws pertaining to school construction and bonds.

Provides that future collective bargaining agreements must contain a provision allowing the employees of an Innovation School or an Innovation School Zone to opt out of the collective bargaining agreement by a majority vote.

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