"Sec. 109   RCW 28A.150.315 and 2007 c 400 s 2 are each amended to read as follows:
     PHASE-IN ALL-DAY KINDERGARTEN. (1) Beginning with the 2007-08 school year, funding for voluntary all-day kindergarten programs shall be phased-in beginning with schools with the highest poverty levels, defined as those schools with the highest percentages of students qualifying for free and reduced-price lunch support in the prior school year. Once a school receives funding for the all-day kindergarten program, that school shall remain eligible for funding in subsequent school years regardless of changes in the school's percentage of students eligible for free and reduced-price lunches as long as other program requirements are fulfilled. Additionally, schools receiving all-day kindergarten program support shall agree to the following conditions:
     (a) Provide at least a one thousand-hour instructional program;
     (b) Provide a curriculum that offers a rich, varied set of experiences that assist students in:
     (i) Developing initial skills in the academic areas of reading, mathematics, and writing;
     (ii) Developing a variety of communication skills;
     (iii) Providing experiences in science, social studies, arts, health and physical education, and a world language other than English;
     (iv) Acquiring large and small motor skills;
     (v) Acquiring social and emotional skills including successful participation in learning activities as an individual and as part of a group; and
     (vi) Learning through hands-on experiences;
     (c) Establish learning environments that are developmentally appropriate and promote creativity;
     (d) Demonstrate strong connections and communication with early learning community providers; and
     (e) Participate in kindergarten program readiness activities with early learning providers and parents.
     (2) Subject to funds appropriated for this purpose, the superintendent of public instruction shall designate one or more school districts to serve as resources and examples of best practices in designing and operating a high-quality all-day kindergarten program. Designated school districts shall serve as lighthouse programs and provide technical assistance to other school districts in the initial stages of implementing an all-day kindergarten program. Examples of topics addressed by the technical assistance include strategic planning, developing the instructional program and curriculum, working with early learning providers to identify students and communicate with parents, and developing kindergarten program readiness activities.
     (((3) Any funds allocated to support all-day kindergarten programs under this section shall not be considered as basic education funding.))

NEW SECTION.  Sec. 110   BASIC EDUCATION PROGRAM OF EARLY LEARNING. (1) The legislature finds that disadvantaged young children do not have the opportunity to attain the goals or meaningfully participate or reach any reasonable level of achievement within the regular instructional program of basic education without supplemental instruction in preschool to prepare them for kindergarten and beyond. Therefore, the legislature intends to establish a basic education program of early learning for at-risk children that is part of the program of basic education under this chapter beginning in the 2011-12 school year, subject to the implementation schedule under section 111 of this act.
     (2) The basis for the basic education program of early learning is the statewide Washington head start program required to be proposed by the department of early learning under RCW 43.215.125, which the legislature may modify before adopting. It is the intent of the legislature that the basic education program of early learning, which shall include the federal head start program as it applies to at-risk children, replace the early childhood education and assistance program under RCW 43.215.400 through 43.215.450 as it applies to at-risk children. The basic education program of early learning includes:
     (a) Comprehensive services that focus on the needs of the child and include education, health, and family support services;
     (b) Instruction to develop literacy, numeracy, reasoning, problem-solving, and decision-making skills that are the foundation of school readiness;
     (c) A minimum of four hundred forty-eight instructional hours per year;
     (d) Required family support services and parent conferences;
     (e) Minimum staffing requirements and appropriate minimum qualifications for instructional staff;
     (f) Data collection used for program planning; and
     (g) Program quality and performance standards.
     (3) For the purposes of this section and the basic education program of early learning, "at-risk children" means children aged three, four, and five who are not eligible for kindergarten and whose family income is at or below one hundred thirty percent of the federal poverty level, as published annually by the federal department of health and human services. Participation by an at-risk child in the basic education program of early learning is voluntary.
     (4)(a) Beginning in the 2011-12 school year and subject to the implementation schedule under section 111 of this act, the legislature shall appropriate funds on a per-student basis to provide services for at-risk children who enroll in the basic education program of early learning. The per-student amount for the 2011-12 school year shall be equivalent to the amount provided for that year for the federal head start program and must be annually adjusted thereafter in the omnibus appropriations act. The total allocation shall be net of receipts from the federal head start program that are to provide services for at-risk children.
     (b) State and federal funds to support the program shall be distributed to school districts that may provide services directly or may contract with public or private nonsectarian organizations, including but not limited to educational service districts, community and technical colleges, local governments, or nonprofit organizations, to provide services.
     (5) All programs are subject to approval by the department of early learning.
     (6) The superintendent of public instruction shall assure that school districts and contractors comply with Article IX, section 4 of the state Constitution prohibiting sectarian control or influence of all schools maintained or supported wholly or in part by public funds.
     (7) In cooperation with the department of early learning, the superintendent of public instruction shall require school districts to use a common, statewide kindergarten readiness assessment as a form of accountability for the basic education program of early learning.

NEW SECTION.  Sec. 111   EARLY LEARNING WORKING GROUP. (1) The department of early learning and the office of the superintendent of public instruction shall convene a working group to develop the basic education program of early learning described under section 110 of this act. The early learning working group shall be composed of representatives from head start and early childhood education and assistance program providers, school districts, thrive by five of Washington, and other stakeholders with expertise in early learning.
     (2) The early learning working group shall continue the preliminary work of the department of early learning under RCW 43.215.125 to develop a proposal for a statewide Washington head start program. The working group shall develop recommended parameters and minimum standards for the program.
     (3) The early learning working group shall also examine service delivery, program, and funding options for providing preschool early learning services for at-risk children aged birth to three and examine the advantages, disadvantages, and implications of including services to this population of children as part of the program of basic education. A representative of the office of the attorney general shall be included as a participant in the early learning working group to assist with this examination.
     (4) The work of the early learning working group shall be monitored and overseen by the legislature under section 3 of this act. The working group shall provide updates on its work as requested by the legislature.
     (5) The department of early learning and the office of the superintendent of public instruction shall submit a progress report on the development of the basic education program of early learning to the legislature by November 15, 2009. The progress report shall include recommendations for addressing any unresolved issues or decisions requiring legislative action during the 2010 legislative session to allow continued development of the program. A final report, including recommended legislation to authorize the superintendent of public instruction and the department of early learning to fulfill their responsibilities under section 110 of this act, shall be submitted to the legislature by September 1, 2010."

"Sec. 501   RCW 28A.185.020 and 1990 c 33 s 168 are each amended to read as follows:
     HIGHLY CAPABLE ALLOCATION. (1) Supplementary funds as may be provided by the state for ((this program, in accordance with RCW 28A.150.370,)) the program for highly capable students shall be categorical funding on an excess cost basis based upon a per student ((amount)) allocation to provide services to highly capable students not to exceed three percent of any district's full-time equivalent enrollment. The amount of supplementary funding for this program shall be established by the legislature in the omnibus appropriations act. The program for highly capable students shall not be considered part of the program of basic education as defined under RCW 28A.150.200.
     (2) It is the intent of the legislature that the per student allocation for this program be calculated for each school district based on costs to provide classroom teachers and maintenance, supplies, and operating costs in prototypical schools as described under RCW 28A.150.260.
     (3) The distribution formula under this section shall be for allocation purposes only."

"Sec. 606   RCW 28A.195.010 and 2004 c 19 s 106 are each amended to read as follows:
     PRIVATE SCHOOLS. 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)) instructional hour offerings ((as prescribed in RCW 28A.150.220)), with a schoolwide annual average total instructional hour offering of one thousand hours for students enrolled in grades one through twelve, and at least four hundred fifty hours for students enrolled in kindergarten.
     (2) The school day shall be the same as ((that required in RCW 28A.150.030 and 28A.150.220, except that the percentages of total program hour offerings as prescribed in RCW 28A.150.220 for basic skills, work skills, and optional subjects and activities shall not apply to private schools or private sectarian schools)) defined in section 102 of this act.
     (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."