BILL REQ. #:  H-1920.1 

READ FIRST TIME 02/17/09.   

     AN ACT Relating to the delivery of educational services to children who are deaf and hearing impaired; amending RCW 72.40.010, 72.40.019, 72.40.024, 72.40.028, 72.40.120, 72.40.200, 72.40.210, 72.40.031, 72.42.010, 72.42.015, 72.42.016, 72.42.021, 72.42.041, 72.40.070, 72.40.220, 72.40.250, 72.40.280, 72.42.060, 26.44.210, 28A.155.160, 28A.310.010, 28A.310.180, 28A.310.200, 28A.335.205, 28A.400.303, 28A.400.305, 28A.600.420, 41.40.088, and 70.198.020; adding new sections to chapter 72.42 RCW; creating new sections; repealing RCW 72.40.023; providing an expiration date; and declaring an emergency.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

NEW SECTION.  Sec. 1   The legislature finds that the education of children who are deaf presents unique challenges because deafness is a low-incidence disability significantly impacting the child's ability to access communication at home, at school, and in the community. The legislature further finds that over the past fifty years, there have been numerous advances in technology as well as a growing awareness about the importance of delivering services to children in a variety of communication modalities to support their early and continued access to communication. The legislature intends to enhance the coordination of regionally delivered educational services and supports for children who are deaf or hard of hearing and to promote the development of communication-rich learning environments for these children.

NEW SECTION.  Sec. 2   A new section is added to chapter 72.42 RCW to read as follows:
     (1) The Washington state center for childhood deafness and hearing loss is established to provide statewide leadership for the coordination and delivery of educational services to children who are deaf or hard of hearing. The activities of the center shall be under the authority of the director and the board of trustees. The superintendent and board of trustees of the state school for the deaf as of the effective date of this section shall be the director and board of trustees of the center.
     (2) The center's primary functions are:
     (a) Managing and directing the supervision of the state school for the deaf;
     (b) Providing statewide leadership and support for the coordination of regionally delivered educational services in the full range of communication modalities, for children who are deaf or hard of hearing; and
     (c) Collaborating with appropriate public and private partners to develop an applied research center for the training and professional development of educators serving children who are deaf or hard of hearing.

Sec. 3   RCW 72.40.010 and 2002 c 209 s 1 are each amended to read as follows:
     There are established at Vancouver, Clark county, a school which shall be known as the state school for the blind, and a separate school which shall be known as the state school for the deaf. The primary purpose of the state school for the blind and the state school for the deaf is to educate and train hearing and visually impaired children.
     The school for the blind shall be under the direction of the superintendent with the advice of the board of trustees. The school for the deaf shall be under the direction of the ((superintendent)) director of the center or the director's designee and the board of trustees.

Sec. 4   RCW 72.40.019 and 1985 c 378 s 14 are each amended to read as follows:
     The governor shall appoint a ((superintendent)) director for the ((state school for the deaf)) Washington state center for childhood deafness and hearing loss. The ((superintendent)) director shall have a masters or higher degree from an accredited college or university in school administration or deaf education, five or more years of experience teaching or providing habilitative services to deaf or hard of hearing students ((in the classroom)), and three or more years administrative or supervisory experience in programs for deaf or hard of hearing students.

NEW SECTION.  Sec. 5   A new section is added to chapter 72.42 RCW to read as follows:
     In addition to any other powers and duties prescribed by law, the director of the Washington state center for childhood deafness and hearing loss:
     (1) Shall be responsible for the supervision and management of the center, including the state school for the deaf, and the property of various kinds. The director may designate an individual to oversee the day-to-day operation and supervision of students at the school;
     (2) Shall employ members of the faculty, administrative officers, and other employees, who shall all be subject to chapter 41.06 RCW, the state civil service law, unless specifically exempted by other provisions of law;
     (3) Shall provide technical assistance and support as appropriate to local and regional efforts to build critical mass and communication-rich networking opportunities for children who are deaf or hard of hearing and their families;
     (4) Shall establish the course of study including vocational training and shall, in collaboration with the department of social and health services, provide post-high school transition planning and programming services to students who are deaf or hard of hearing, with the assistance of the faculty and the approval of the board of trustees;
     (5) Shall, as approved by the board of trustees, control and authorize the use of the facilities for night school, summer school, public meetings, applied research and training for the instruction of students who are deaf or hard of hearing, outreach and support to families of children who are deaf or hard of hearing, or other purposes consistent with the purposes of the center;
     (6) Shall purchase all supplies and lease or purchase equipment and other personal property needed for the operation or maintenance of the center;
     (7) Shall prepare, submit to the board of trustees for approval, and administer the budget consistent with RCW 43.88.160 and the budget and accounting act, chapter 43.88 RCW generally, as applicable;
     (8) Shall provide technical assistance and support to educational service districts for the regional delivery of a full range of educational services to students who are deaf or hard of hearing, including but not limited to services relying on American Sign Language, auditory oral education, total communication, and signed exact English;
     (9) As requested by educational service districts, shall recruit, employ, and deploy itinerant teachers to provide in-district services to children who are deaf or hard of hearing;
     (10) May establish criteria, in addition to state certification, for the teachers at the school and employees of the center;
     (11) May establish, with the approval of the board of trustees, new facilities as needs demand;
     (12) May adopt rules, under chapter 34.05 RCW, as approved by the board of trustees and as deemed necessary for the governance, management, and operation of the center;
     (13) May adopt rules, as approved by the board of trustees, for pedestrian and vehicular traffic on property owned, operated, and maintained by the center;
     (14) Except as otherwise provided by law, may enter into contracts as the director deems essential to the purpose of the center;
     (15) May receive gifts, grants, conveyances, devises, and bequests of real or personal property from whatever source, as may be made from time to time, in trust or otherwise, whenever the terms and conditions will aid in carrying out the programs of the center; sell, lease, or exchange, invest, or expend the same or the proceeds, rents, profits, and income thereof except as limited by the terms and conditions thereof; and adopt rules to govern the receipt and expenditure of the proceeds, rents, profits, and income thereof;
     (16) May adopt rules, as approved by the board of trustees, providing for the transferability of employees between the center and the school for the blind consistent with collective bargaining agreements in effect; and
     (17) May adopt rules under chapter 34.05 RCW, as approved by the board of trustees, and perform all other acts not forbidden by law as the director deems necessary or appropriate to the administration of the center.

Sec. 6   RCW 72.40.024 and 2002 c 209 s 4 are each amended to read as follows:
     In addition to the powers and duties under RCW 72.40.022 ((and 72.40.023)) and section 5 of this act, the superintendent of ((each)) the school for the blind and the director of the Washington state center for childhood deafness and hearing loss, or the director's designee, shall:
     (1) Monitor the location and educational placement of each student reported to the superintendent((s)) and the director, or the director's designee, by the educational service district superintendents;
     (2) Provide information about educational programs, instructional techniques, materials, equipment, and resources available to students with visual or auditory impairments to the parent or guardian, educational service district superintendent, and the superintendent of the school district where the student resides; and
     (3) Serve as a consultant to the office of the superintendent of public instruction, provide instructional leadership, and assist school districts in improving their instructional programs for students with visual or hearing impairments.

Sec. 7   RCW 72.40.028 and 2006 c 263 s 829 are each amended to read as follows:
     All teachers ((at the state school for the deaf)) employed by the Washington state center for childhood deafness and hearing loss and the state school for the blind shall meet all certification requirements and the programs shall meet all accreditation requirements and conform to the standards defined by law or by rule of the Washington professional educator standards board or the office of the state superintendent of public instruction. The superintendent((s)) and the director, by rule, may adopt additional educational standards for their respective ((schools)) facilities. Salaries of all certificated employees shall be set so as to conform to and be contemporary with salaries paid to other certificated employees of similar background and experience in the school district in which the program or facility is located. The superintendent((s)) and the director may provide for provisional certification for teachers in their respective ((schools)) facilities including certification for emergency, temporary, substitute, or provisional duty.

Sec. 8   RCW 72.40.120 and 1991 c 65 s 1 are each amended to read as follows:
     Any appropriation for the ((school for the deaf)) Washington state center for childhood deafness and hearing loss or the school for the blind shall be made directly to the ((school for the deaf)) center or the school for the blind.

Sec. 9   RCW 72.40.200 and 2000 c 125 s 1 are each amended to read as follows:
     The ((state school for the deaf)) Washington state center for childhood deafness and hearing loss and the state school for the blind shall promote the personal safety of students and protect the children who attend from child abuse and neglect as defined in RCW 26.44.020.

Sec. 10   RCW 72.40.210 and 2000 c 125 s 2 are each amended to read as follows:
     The ((superintendents)) director of the ((state school for the deaf)) Washington state center for childhood deafness and hearing loss and the superintendent of the state school for the blind or their designees shall immediately report to the persons indicated the following events:
     (1) To the child's parent, custodian, or guardian:
     (a) The death of the child;
     (b) Hospitalization of a child in attendance or residence at the ((school)) facility;
     (c) Allegations of child abuse or neglect in which the parent's child in attendance or residence at the ((school)) facility is the alleged victim;
     (d) Allegations of physical or sexual abuse in which the parent's child in attendance or residence at the ((school)) facility is the alleged perpetrator;
     (e) Life-threatening illness;
     (f) The attendance at the ((school)) facility of any child who is a registered sex offender under RCW 9A.44.130 as permitted by RCW 4.24.550.
     (2) Notification to the parent shall be made by the means most likely to be received by the parent. If initial notification is made by telephone, such notification shall be followed by notification in writing within forty-eight hours after the initial ((oral)) verbal contact is made.

NEW SECTION.  Sec. 11   (1) The state school for the deaf is hereby abolished and its powers, duties, and functions are hereby transferred to the Washington state center for childhood deafness and hearing loss. All references to the superintendent or the state school for the deaf in the Revised Code of Washington shall be construed to mean the director or the Washington state center for childhood deafness and hearing loss.
     (2)(a) All reports, documents, surveys, books, records, files, papers, or written material in the possession of the state school for the deaf shall be delivered to the custody of the Washington state center for childhood deafness and hearing loss. All cabinets, furniture, office equipment, motor vehicles, and other tangible property employed by the state school for the deaf shall be made available to the Washington state center for childhood deafness and hearing loss. All funds, credits, or other assets held by the state school for the deaf shall be assigned to the Washington state center for childhood deafness and hearing loss.
     (b) Any appropriations made to the state school for the deaf shall, on the effective date of this section, be transferred and credited to the Washington state center for childhood deafness and hearing loss.
     (c) If any question arises as to the transfer of any personnel, funds, books, documents, records, papers, files, equipment, or other tangible property used or held in the exercise of the powers and the performance of the duties and functions transferred, the director of financial management shall make a determination as to the proper allocation and certify the same to the state agencies concerned.
     (3) All employees of the state school for the deaf are transferred to the jurisdiction of the Washington state center for childhood deafness and hearing loss. All employees classified under chapter 41.06 RCW, the state civil service law, are assigned to the Washington state center for childhood deafness and hearing loss to perform their usual duties upon the same terms as formerly, without any loss of rights, subject to any action that may be appropriate thereafter in accordance with the laws and rules governing state civil service.
     (4) All rules and all pending business before the state school for the deaf shall be continued and acted upon by the Washington state center for childhood deafness and hearing loss. All existing contracts and obligations shall remain in full force and shall be performed by the Washington state center for childhood deafness and hearing loss.
     (5) The transfer of the powers, duties, functions, and personnel of the state school for the deaf shall not affect the validity of any act performed before the effective date of this section.
     (6) If apportionments of budgeted funds are required because of the transfers directed by this section, the director of financial management shall certify the apportionments to the agencies affected, the state auditor, and the state treasurer. Each of these shall make the appropriate transfer and adjustments in funds and appropriation accounts and equipment records in accordance with the certification.
     (7) The existing bargaining units shall be transferred in their entirety without the merging of other bargaining units or the inclusion of employees from other bargaining units. Nothing contained in this section may be construed to alter any of the existing collective bargaining units unless the bargaining unit has been modified by action of the public employment relations commission as provided by law. Therefore, the certification of the existing bargaining units shall remain. However, the commission may, upon request, amend the certification to reflect the name of the new agency. In addition, nothing in this section may be construed to alter the provisions of any existing collective bargaining agreement until the agreement has expired.

Sec. 12   RCW 72.40.031 and 1985 c 378 s 16 are each amended to read as follows:
     The school year for the state school for the blind and the state school for the deaf shall commence on the first day of July of each year and shall terminate on the 30th day of June of the succeeding year. The regular school term shall be for a period of nine months and shall commence as near as reasonably practical at the time of the commencement of regular terms in ((the)) other public schools, with the equivalent number of days as are now required by law, and the regulations of the superintendent of public instruction as now or hereafter amended, during the school year in ((the)) other public schools. The school and the center shall observe all legal holidays, in the same manner as other agencies of state government, and ((the schools)) will not be in session on such days and such other days as may be approved by the ((respective)) superintendent((s)) or the director. During the period when the schools are not in session during the regular school term, schools may be operated, subject to the approval of the ((respective)) superintendent((s)) or the director or the director's designee, for the instruction of students or for such other reasons which are in furtherance of the objects and purposes of ((such schools)) the respective facilities.

Sec. 13   RCW 72.42.010 and 2002 c 209 s 5 are each amended to read as follows:
     It is the intention of the legislature, in creating a board of trustees for the ((state school for the deaf)) Washington state center for childhood deafness and hearing loss to perform the duties set forth in this chapter, that the board of trustees perform needed oversight services to the governor and the legislature of the ((Washington state school for the deaf)) center in the development of programs for the hard of hearing ((impaired)), and in the operation of the ((Washington state)) center, including the school for the deaf.

Sec. 14   RCW 72.42.015 and 1985 c 378 s 32 are each amended to read as follows:
     Unless the context clearly requires otherwise as used in this chapter "((superintendent)) director" means ((superintendent)) the director of the Washington state ((school for the deaf)) center for childhood deafness and hearing loss.

Sec. 15   RCW 72.42.016 and 2002 c 209 s 6 are each amended to read as follows:
     Unless the context clearly requires otherwise, as used in this chapter:
     (1) "Center" means the Washington state center for childhood deafness and hearing loss serving local school districts across the state; and
     (2) "School" means the Washington state residential school for the deaf located in Vancouver, Washington.

Sec. 16   RCW 72.42.021 and 2002 c 209 s 7 are each amended to read as follows:
     (1) The governance of the center and the school shall be vested in a board of trustees. The board shall consist of nine members appointed by the governor, with the consent of the senate. The board shall be composed of a resident from each of the state's congressional districts and may include:
     (a) One member who is deaf or hard of hearing ((impaired));
     (b) Two members who are experienced educational professionals;
     (c) One member who is experienced in providing residential services to youth; and
     (d) One member who is the parent of a child who is deaf or hard of hearing ((impaired)) and who is receiving or has received educational services related to deafness or hearing impairment from a public educational institution.
     (2) No voting trustee may be an employee of the school or the center, a member of the board of directors of any school district, a member of the governing board of any public or private educational institution((, a school district or educational service district administrator appointed after July 1, 1986,)) or an elected officer or member of the legislative authority of any municipal corporation. No more than two voting trustees may be school district or educational service district administrators appointed after July 1, 1986.
     (3) Trustees shall be appointed by the governor to serve a term of five years, except that any person appointed to fill a vacancy occurring prior to the expiration of a term shall be appointed within sixty days of the vacancy and appointed only for the remainder of the term. Of the initial members, three must be appointed for two-year terms, three must be appointed for three-year terms, and the remainder must be appointed for five-year terms.
     (4) The board shall not be deemed unlawfully constituted and a trustee shall not be deemed ineligible to serve the remainder of the trustee's unexpired term on the board solely by reason of the establishment of new or revised boundaries for congressional districts. In such an event, each trustee may continue to serve in office for the balance of the term for which he or she was appointed so long as the trustee continues to reside within the boundaries of the congressional district as they existed at the time of his or her appointment. Vacancies which occur in a trustee position during the balance of any term shall be filled pursuant to subsection (3) of this section by a successor who resides within the boundaries of the congressional district from which the member whose office was vacated was appointed as they existed at the time of his or her appointment. At the completion of such term, and thereafter, a successor shall be appointed from the congressional district which corresponds in number with the congressional district from which the incumbent was appointed.

Sec. 17   RCW 72.42.041 and 2002 c 209 s 8 are each amended to read as follows:
     The board of trustees of the ((school)) center:
     (1) Shall adopt rules and regulations for its own governance;
     (2) Shall direct the development of, approve, and monitor the enforcement of policies, rules, and regulations pertaining to the school and the center, including but not limited to:
     (a) The use of classrooms and other facilities for summer or night schools or for public meetings and any other uses consistent with the mission of the center;
     (b) Pedestrian and vehicular traffic on property owned, operated, or maintained by the ((school)) center;
     (c) Governance, management, and operation of the residential facilities;
     (d) Transferability of employees between the ((school for the deaf)) center and the school for the blind consistent with collective bargaining agreements in effect; and
     (e) Compliance with state and federal education civil rights laws at the school;
     (3) Shall develop a process for recommending candidates for the position of ((superintendent)) director and upon a vacancy shall submit a list of three qualified candidates for ((superintendent)) director to the governor;
     (4) Shall submit an evaluation of the ((superintendent)) director to the governor by July 1st of each odd-numbered year that includes a recommendation regarding the retention of the ((superintendent)) director;
     (5) May recommend to the governor at any time that the ((superintendent)) director be removed for conduct deemed by the board to be detrimental to the interests of the ((school)) center;
     (6) Shall prepare and submit by July 1st of each even-numbered year a report to the governor and the appropriate committees of the legislature which contains a detailed summary of the ((school's)) center's progress on performance objectives and the ((school's)) center's work, facility conditions, and revenues and costs of the ((school)) center for the previous year and which contains those recommendations it deems necessary and advisable for the governor and the legislature to act on;
     (7) Shall approve the ((school's)) center's budget and all funding requests, both operating and capital, submitted to the governor;
     (8) Shall direct and approve the development and implementation of comprehensive programs of education, training, and as needed residential living, such that students served by the school receive a challenging and quality education in a safe school environment;
     (9) Shall direct, monitor, and approve the implementation of a comprehensive continuous quality improvement system for the ((school)) center;
     (10) Shall monitor and inspect all existing facilities of the ((school)) center and report its findings in its biennial report to the governor and appropriate committees of the legislature; and
     (11) May grant to every student of the school, upon graduation or completion of a program or course of study, a suitable diploma, nonbaccalaureate degree, or certificate.

Sec. 18   RCW 72.40.070 and 1985 c 378 s 22 are each amended to read as follows:
     It shall be the duty of each educational service district to make a full and specific report of visually ((or hearing)) impaired or hard of hearing youth to the superintendent of the school for the blind or the ((school for the deaf)) director of the Washington state center for childhood deafness and hearing loss, or the director's designee, as the case may be and the superintendent of public instruction, annually. The superintendent of public instruction shall report about the hard of hearing or visually impaired youth to the school for the blind and the ((school for the deaf)) Washington state center for childhood deafness and hearing loss, as the case may be, annually.

Sec. 19   RCW 72.40.220 and 2000 c 125 s 3 are each amended to read as follows:
     (1) The ((superintendents)) director of the ((state school for the deaf)) Washington state center for childhood deafness and hearing loss, or the director's designee, and the superintendent of the state school for the blind shall maintain in writing and implement behavior management policies and procedures that accomplish the following:
     (a) Support the child's appropriate social behavior, self-control, and the rights of others;
     (b) Foster dignity and self-respect for the child;
     (c) Reflect the ages and developmental levels of children in care.
     (2) The state school for the deaf and the state school for the blind shall use proactive, positive behavior support techniques to manage potential child behavior problems. These techniques shall include but not be limited to:
     (a) Organization of the physical environment and staffing patterns to reduce factors leading to behavior incidents;
     (b) Intervention before behavior becomes disruptive, in the least invasive and least restrictive manner available;
     (c) Emphasis on verbal deescalation to calm the upset child;
     (d) Redirection strategies to present the child with alternative resolution choices.

Sec. 20   RCW 72.40.250 and 2000 c 125 s 6 are each amended to read as follows:
     In addition to the powers and duties under RCW 72.40.022 and 72.40.024, the ((superintendents)) director of the ((state school for the deaf)) Washington state center for childhood deafness and hearing loss, or the director's designee, and the superintendent of the state school for the blind shall:
     (1) Develop written procedures for the supervision of employees and volunteers who have the potential for contact with students. Such procedures shall be designed to prevent child abuse and neglect by providing for adequate supervision of such employees and volunteers, taking into consideration such factors as the student population served, architectural factors, and the size of the facility. Such procedures shall include, but need not be limited to, the following:
     (a) Staffing patterns and the rationale for such;
     (b) Responsibilities of supervisors;
     (c) The method by which staff and volunteers are made aware of the identity of all supervisors, including designated on-site supervisors;
     (d) Provision of written supervisory guidelines to employees and volunteers;
     (e) Periodic supervisory conferences for employees and volunteers; and
     (f) Written performance evaluations of staff to be conducted by supervisors in a manner consistent with applicable provisions of the civil service law.
     (2) Develop written procedures for the protection of students when there is reason to believe an incident has occurred which would render a ((child)) minor student an abused or neglected child within the meaning of RCW 26.44.020. Such procedures shall include, but need not be limited to, the following:
     (a) Investigation. Immediately upon notification that a report of child abuse or neglect has been made to the department of social and health services or a law enforcement agency, the superintendent or the director, or the director's designee, shall:
     (i) Preserve any potential evidence through such actions as securing the area where suspected abuse or neglect occurred;
     (ii) Obtain proper and prompt medical evaluation and treatment, as needed, with documentation of any evidence of abuse or neglect; and
     (iii) Provide necessary assistance to the department of social and health services and local law enforcement in their investigations;
     (b) Safety. Upon notification that a report of suspected child abuse or neglect has been made to the department of social and health services or a law enforcement agency, the superintendent or the director or his or her designee, with consideration for causing as little disruption as possible to the daily routines of the students, shall evaluate the situation and immediately take appropriate action to assure the health and safety of the students involved in the report and of any other students similarly situated, and take such additional action as is necessary to prevent future acts of abuse or neglect. Such action may include:
     (i) Consistent with federal and state law:
     (A) Removing the alleged perpetrator from the school;
     (B) Increasing the degree of supervision of the alleged perpetrator; and
     (C) Initiating appropriate disciplinary action against the alleged perpetrator;
     (ii) Provision of increased training and increased supervision to volunteers and staff pertinent to the prevention and remediation of abuse and neglect;
     (iii) Temporary removal of the students from a program and reassignment of the students within the school, as an emergency measure, if it is determined that there is a risk to the health or safety of such students in remaining in that program. Whenever a student is removed, pursuant to this subsection (2)(b)(iii), from a special education program or service specified in his or her individualized education program, the action shall be reviewed in an individualized education program meeting; and
     (iv) Provision of counseling to the students involved in the report or any other students, as appropriate;
     (c) Corrective action plans. Upon receipt of the results of an investigation by the department of social and health services pursuant to a report of suspected child abuse or neglect, the superintendent or the director, or the director's designee, after consideration of any recommendations by the department of social and health services for preventive and remedial action, shall implement a written plan of action designed to assure the continued health and safety of students and to provide for the prevention of future acts of abuse or neglect.

Sec. 21   RCW 72.40.280 and 2002 c 208 s 2 are each amended to read as follows:
     (1) The department of social and health services must periodically monitor the residential program at the state school for the deaf, including but not limited to examining the residential-related policies and procedures as well as the residential facilities. The department of social and health services must make recommendations to the ((school's superintendent)) director and the board of trustees of the center or its successor board on health and safety improvements related to child safety and well-being. The department of social and health services must conduct the monitoring reviews at least ((quarterly until December 1, 2006)) annually. The director or the director's designee may from time to time request technical assistance from the department of social and health services.
     (2) The department of social and health services must conduct a comprehensive child health and safety review, as defined in rule, of the residential program at the state school for the deaf every three years. ((The department of social and health services must deliver the first health and safety review to the governor, the legislature, the school's superintendent, and the school's board of trustees or successor board by December 1, 2004.))
     (3) The state school for the deaf must provide the department of social and health services' staff with full and complete access to all records and documents that the department staff may request to carry out the requirements of this section. The department of social and health services must have full and complete access to all students and staff of the state school for the deaf to conduct interviews to carry out the requirements of this section.
     (4) For the purposes of this section, the department of social and health services must use the safety standards established in this chapter when conducting the reviews.

Sec. 22   RCW 72.42.060 and 1975-'76 2nd ex.s. c 34 s 168 are each amended to read as follows:
     Each member of the board of trustees shall receive travel expenses as provided in RCW 43.03.050 and 43.03.060 as now existing or hereafter amended, and such payments shall be a proper charge to any funds appropriated or allocated for the support of the ((state school for the deaf)) Washington state center for childhood deafness and hearing loss.

Sec. 23   RCW 26.44.210 and 2002 c 208 s 1 are each amended to read as follows:
     (1) The department must investigate referrals of alleged child abuse or neglect occurring at the state school for the deaf, including alleged incidents involving students abusing other students; determine whether there is a finding of abuse or neglect; and determine whether a referral to law enforcement is appropriate under this chapter.
     (2) The department must send a copy of the investigation report, including the finding, regarding any incidents of alleged child abuse or neglect at the state school for the deaf to the ((school's superintendent)) center's director, or the director's designee. The department may include recommendations to the ((superintendent)) director and the board of trustees or its successor board for increasing the safety of the school's students.

Sec. 24   RCW 28A.155.160 and 2007 c 115 s 15 are each amended to read as follows:
     Notwithstanding any other provision of law, the office of the superintendent of public instruction, the department of early learning, the Washington state ((school for the deaf)) center for childhood deafness and hearing loss, the Washington state school for the blind, school districts, educational service districts, and all other state and local government educational agencies and the department of services for the blind, the department of social and health services, and all other state and local government agencies concerned with the care, education, or habilitation or rehabilitation of children with disabilities may enter into interagency cooperative agreements for the purpose of providing assistive technology devices and services to children with disabilities. Such arrangements may include but are not limited to interagency agreements for the acquisition, including joint funding, maintenance, loan, sale, lease, or transfer of assistive technology devices and for the provision of assistive technology services including but not limited to assistive technology assessments and training.
     For the purposes of this section, "assistive device" means any item, piece of equipment, or product system, whether acquired commercially off-the-shelf, modified, or customized, that is used to increase, maintain, or improve functional capabilities of children with disabilities. The term "assistive technology service" means any service that directly assists a child with a disability in the selection, acquisition, or use of an assistive technology device. Assistive technology service includes:
     (1) The evaluation of the needs of a child with a disability, including a functional evaluation of the child in the child's customary environment;
     (2) Purchasing, leasing, or otherwise providing for the acquisition of assistive technology devices by children with disabilities;
     (3) Selecting, designing, fitting, customizing, adapting, applying, retaining, repairing, or replacing of assistive technology devices;
     (4) Coordinating and using other therapies, interventions, or services with assistive technology devices, such as those associated with existing education and rehabilitation plans and programs;
     (5) Training or technical assistance for a child with a disability or if appropriate, the child's family; and
     (6) Training or technical assistance for professionals, including individuals providing education and rehabilitation services, employers, or other individuals who provide services to, employ, or are otherwise substantially involved in the major life functions of children with disabilities.

Sec. 25   RCW 28A.310.010 and 1988 c 65 s 1 are each amended to read as follows:
     It shall be the intent and purpose of this chapter to establish educational service districts as regional agencies which are intended to:
     (1) Provide cooperative and informational services to local school districts;
     (2) Assist the superintendent of public instruction and the state board of education in the performance of their respective statutory or constitutional duties; and
     (3) Provide services to school districts and to the ((school for the deaf)) Washington state center for childhood deafness and hearing loss and the school for the blind to assure equal educational opportunities.

Sec. 26   RCW 28A.310.180 and 1990 c 33 s 276 are each amended to read as follows:
     In addition to other powers and duties as provided by law, every educational service district board shall:
     (1) Comply with rules or regulations of the state board of education and the superintendent of public instruction.
     (2) If the district board deems necessary, establish and operate for the schools within the boundaries of the educational service district a depository and distribution center for films, tapes, charts, maps, and other instructional material as recommended by the school district superintendents within the service area of the educational service district: PROVIDED, That the district may also provide the services of the depository and distribution center to private schools within the district so long as such private schools pay such fees that reflect actual costs for services and the use of instructional materials as may be established by the educational service district board.
     (3) Establish cooperative service programs for school districts within the educational service district and joint purchasing programs for schools within the educational service district pursuant to RCW 28A.320.080(3): PROVIDED, That on matters relating to cooperative service programs the board and superintendent of the educational service district shall seek the prior advice of the superintendents of local school districts within the educational service district.
     (4) Establish direct student service programs for school districts within the educational service district including pupil transportation. However, for the provision of state-funded pupil transportation for special education cooperatives programs for special education conducted under RCW 28A.155.010 through 28A.155.100, the educational service district, with the consent of the participating school districts, shall be entitled to receive directly state apportionment funds for that purpose: PROVIDED, That the board of directors and superintendent of a local school district request the educational service district to perform said service or services: PROVIDED FURTHER, That the educational service district board of directors and superintendents agree to provide the requested services: PROVIDED, FURTHER, That the provisions of chapter 39.34 RCW are strictly adhered to: PROVIDED FURTHER, That the educational service district board of directors may contract with the ((school for the deaf)) Washington state center for childhood deafness and hearing loss and the school for the blind to provide transportation services or other services necessary for the regional delivery of educational services for children who are deaf or hearing impaired.

Sec. 27   RCW 28A.310.200 and 2006 c 263 s 610 are each amended to read as follows:
     In addition to other powers and duties as provided by law, every educational service district board shall:
     (1) Approve the budgets of the educational service district in accordance with the procedures provided for in this chapter;
     (2) Meet regularly according to the schedule adopted at the organization meeting and in special session upon the call of the chair or a majority of the board;
     (3) Approve the selection of educational service district personnel and clerical staff as provided in RCW 28A.310.230;
     (4) Fix the amount of and approve the bonds for those educational service district employees designated by the board as being in need of bonding;
     (5) Keep in the educational service district office a full and correct transcript of the boundaries of each school district within the educational service district;
     (6) Acquire by borrowing funds or by purchase, lease, devise, bequest, and gift and otherwise contract for real and personal property necessary for the operation of the educational service district and to the execution of the duties of the board and superintendent thereof and sell, lease, or otherwise dispose of that property not necessary for district purposes. No real property shall be acquired or alienated without the prior approval of the superintendent of public instruction and the acquisition or alienation of all such property shall be subject to such provisions as the superintendent may establish. When borrowing funds for the purpose of acquiring property, the educational service district board shall pledge as collateral the property to be acquired. Borrowing shall be evidenced by a note or other instrument between the district and the lender;
     (7) Under RCW 28A.310.010, upon the written request of the board of directors of a local school district or districts served by the educational service district, the educational service district board of directors may provide cooperative and informational services not in conflict with other law that provide for the development and implementation of programs, activities, services, or practices that support the education of preschool through twelfth grade students in the public schools or that support the effective, efficient, or safe management and operation of the school district or districts served by the educational service district;
     (8) Adopt such bylaws and rules for its own operation as it deems necessary or appropriate; and
     (9) Enter into contracts, including contracts with common and educational service districts and the ((school for the deaf)) Washington state center for childhood deafness and hearing loss and the school for the blind for the joint financing of cooperative service programs conducted pursuant to RCW 28A.310.180(3), and employ consultants and legal counsel relating to any of the duties, functions, and powers of the educational service districts.

Sec. 28   RCW 28A.335.205 and 1997 c 104 s 2 are each amended to read as follows:
     Notwithstanding any other provision of law, the office of the superintendent of public instruction, the Washington state school for the blind, the Washington state ((school for the deaf)) center for childhood deafness and hearing loss, school districts, educational service districts, and all other state or local governmental agencies concerned with education may loan, lease, sell, or transfer assistive devices for the use and benefit of children with disabilities to children with disabilities or their parents or to any other public or private nonprofit agency providing services to or on behalf of individuals with disabilities including but not limited to any agency providing educational, health, or rehabilitation services. The notice requirement in RCW 28A.335.180 does not apply to the loan, lease, sale, or transfer of such assistive devices. The sale or transfer of such devices is authorized under this section regardless of whether or not the devices have been declared surplus. The sale or transfer shall be recorded in an agreement between the parties and based upon the item's depreciated value.
     For the purposes of this section, "assistive device" means any item, piece of equipment, or product system, whether acquired commercially off-the-shelf, modified, or customized, that is used to increase, maintain, or improve functional capabilities of children with disabilities.
     For the purpose of implementing this section, each educational agency shall establish and maintain an inventory of assistive technology devices in its possession that exceed one hundred dollars and, for each such device, shall establish a value, which shall be adjusted annually to reflect depreciation.
     This section shall not enhance or diminish the obligation of school districts to provide assistive technology to children with disabilities where needed to achieve a free and appropriate public education and equal opportunity in accessing academic and extracurricular activities.

Sec. 29   RCW 28A.400.303 and 2007 c 35 s 1 are each amended to read as follows:
     (1) School districts, educational service districts, the ((state school for the deaf)) Washington state center for childhood deafness and hearing loss, the state school for the blind, and their contractors hiring employees who will have regularly scheduled unsupervised access to children shall require a record check through the Washington state patrol criminal identification system under RCW 43.43.830 through 43.43.834, 10.97.030, and 10.97.050 and through the federal bureau of investigation before hiring an employee. The record check shall include a fingerprint check using a complete Washington state criminal identification fingerprint card. The requesting entity shall provide a copy of the record report to the applicant. When necessary, applicants may be employed on a conditional basis pending completion of the investigation. If the applicant has had a record check within the previous two years, the district, the ((state school for the deaf)) Washington state center for childhood deafness and hearing loss, the state school for the blind, or contractor may waive the requirement. Except as provided in subsection (2) of this section, the district, pursuant to chapter 41.59 or 41.56 RCW, the ((state school for the deaf)) Washington state center for childhood deafness and hearing loss, the state school for the blind, or contractor hiring the employee shall determine who shall pay costs associated with the record check.
     (2) Federal bureau of Indian affairs-funded schools may use the process in subsection (1) of this section to perform record checks for their employees and applicants for employment.

Sec. 30   RCW 28A.400.305 and 2007 c 35 s 2 are each amended to read as follows:
     The superintendent of public instruction shall adopt rules as necessary under chapter 34.05 RCW on record check information. The rules shall include, but not be limited to the following:
     (1) Written procedures providing a school district, ((state school for the deaf)) Washington state center for childhood deafness and hearing loss, state school for the blind, or federal bureau of Indian affairs-funded school employee or applicant for certification or employment access to and review of information obtained based on the record check required under RCW 28A.400.303; and
     (2) Written procedures limiting access to the superintendent of public instruction record check database to only those individuals processing record check information at the office of the superintendent of public instruction, the appropriate school district or districts, the ((state school for the deaf)) Washington state center for childhood deafness and hearing loss, the state school for the blind, the appropriate educational service district or districts, and the appropriate federal bureau of Indian affairs-funded schools.

Sec. 31   RCW 28A.600.420 and 1997 c 265 s 5 are each amended to read as follows:
     (1) Any elementary or secondary school student who is determined to have carried a firearm onto, or to have possessed a firearm on, public elementary or secondary school premises, public school-provided transportation, or areas of facilities while being used exclusively by public schools, shall be expelled from school for not less than one year under RCW 28A.600.010. The superintendent of the school district, educational service district, ((state school for the deaf)) or state school for the blind, or the director of the Washington state center for childhood deafness and hearing loss, or the director's designee, may modify the expulsion of a student on a case-by-case basis.
     (2) For purposes of this section, "firearm" means a firearm as defined in 18 U.S.C. Sec. 921, and a "firearm" as defined in RCW 9.41.010.
     (3) This section shall be construed in a manner consistent with the individuals with disabilities education act, 20 U.S.C. Sec. 1401 et seq.
     (4) Nothing in this section prevents a public school district, educational service district, the ((state school for the deaf)) Washington state center for childhood deafness and hearing loss, or the state school for the blind if it has expelled a student from such student's regular school setting from providing educational services to the student in an alternative setting.
     (5) This section does not apply to:
     (a) Any student while engaged in military education authorized by school authorities in which rifles are used but not other firearms; or
     (b) Any student while involved in a convention, showing, demonstration, lecture, or firearms safety course authorized by school authorities in which the rifles of collectors or instructors are handled or displayed but not other firearms; or
     (c) Any student while participating in a rifle competition authorized by school authorities.
     (6) A school district may suspend or expel a student for up to one year subject to subsections (1), (3), (4), and (5) of this section, if the student acts with malice as defined under RCW 9A.04.110 and displays an instrument that ((appeared [appears])) appears to be a firearm, on public elementary or secondary school premises, public school-provided transportation, or areas of facilities while being used exclusively by public schools.

Sec. 32   RCW 41.40.088 and 2000 c 247 s 107 are each amended to read as follows:
     (1) A plan 1 member who is employed by a school district or districts, an educational service district, the ((state school for the deaf)) Washington state center for childhood deafness and hearing loss, the state school for the blind, institutions of higher education, or community colleges:
     (a) Shall receive a service credit month for each month of the period from September through August of the following year if he or she is employed in an eligible position, earns compensation earnable for six hundred thirty hours or more during that period, and is employed during nine months of that period, except that a member may not receive credit for any period prior to the member's employment in an eligible position;
     (b) If a member in an eligible position does not meet the requirements of (a) of this subsection, the member is entitled to a service credit month for each month of the period he or she earns earnable compensation for seventy or more hours; and the member is entitled to a one-quarter service credit month for those calendar months during which he or she earned compensation for less than seventy hours.
     (2) Except for any period prior to the member's employment in an eligible position, a plan 2 or plan 3 member who is employed by a school district or districts, an educational service district, the state school for the blind, the ((state school for the deaf)) Washington state center for childhood deafness and hearing loss, institutions of higher education, or community colleges:
     (a) Shall receive a service credit month for each month of the period from September through August of the following year if he or she is employed in an eligible position, earns compensation earnable for eight hundred ten hours or more during that period, and is employed during nine months of that period;
     (b) If a member in an eligible position for each month of the period from September through August of the following year does not meet the hours requirements of (a) of this subsection, the member is entitled to one-half service credit month for each month of the period if he or she earns earnable compensation for at least six hundred thirty hours but less than eight hundred ten hours during that period, and is employed nine months of that period;
     (c) In all other instances, a member in an eligible position is entitled to service credit months as follows:
     (i) One service credit month for each month in which compensation is earned for ninety or more hours;
     (ii) One-half service credit month for each month in which compensation is earned for at least seventy hours but less than ninety hours; and
     (iii) One-quarter service credit month for each month in which compensation is earned for less than seventy hours;
     (d) After August 31, 2000, school districts and educational service districts will no longer be employers for the public employees' retirement system plan 2 or plan 3.
     (3) The department shall adopt rules implementing this section.

Sec. 33   RCW 70.198.020 and 2004 c 47 s 2 are each amended to read as follows:
     (1) There is established an advisory council in the department of social and health services for the purpose of advancing the development of a comprehensive and effective statewide system to provide prompt and effective early interventions for children in the state who are deaf or hard of hearing and their families.
     (2) Members of the advisory council shall have training, experience, or interest in hearing loss in children. Membership shall include, but not be limited to, the following: Pediatricians; audiologists; teachers of the deaf and hard of hearing; parents of children who are deaf or hard of hearing; a representative from the Washington state ((school for the deaf)) center for childhood deafness and hearing loss; and representatives of the infant toddler early intervention program in the department of social and health services, the department of health, and the office of the superintendent of public instruction.

NEW SECTION.  Sec. 34   (1) The director of the Washington state center for childhood deafness and hearing loss shall convene an advisory panel for the purpose of implementing in two educational service districts a structured program for delivering education services to children who are deaf and hearing impaired. The advisory panel shall consist of the following persons:
     (a) A representative from the Washington sensory disabilities services program to be selected by the superintendent of public instruction;
     (b) A representative from the office of deaf and hard of hearing services to be selected by the secretary of the department of social and health services;
     (c) One person representing educational service district superintendents and one representing school district superintendents, both of whom shall be selected by the Washington association of school administrators;
     (d) Four representatives selected by the governor, one from the department of health, one from the department of early learning, and two from nongovernmental entities providing educational services to children who are deaf or hearing impaired, including at least one provider of auditory oral educational services and at least one provider of total educational services;
     (e) Two parents of school-age children who are deaf or hearing impaired, one of whom shall be selected by an organization representing the educational interests of all children who are deaf or hearing impaired without regard to any specific communication modality, and one of whom shall be selected by the governor; and
     (f) In addition to the director, one representative from the Washington state center for childhood deafness and hearing loss to be selected by the board of trustees of the center.
     (2) Selection of advisory panel members shall be completed not later than June 1, 2009. The panel shall collectively establish a meeting schedule to support completion of its work.
     (3) The panel shall develop a structure and plan for implementing regional education programs at two demonstration sites that:
     (a) Are established within an educational service district and managed through shared governance by the school districts within the educational service districts;
     (b) Collaborate and partner with, enhance, and avoid duplication of existing and available services and programs, both public and private;
     (c) Provide services at one or more central locations in the educational service districts;
     (d) Provide services to students in their resident districts, including students with hearing impairments who may not qualify for special education services;
     (e) Include educational and transportation services for children, consultation for teachers and staff, and outreach to families; and
     (f) Support communication-rich learning environments and instruction of students in the full spectrum of communication modalities by qualified professionals, including American Sign Language, auditory oral education, total communication, and signed exact English.
     (4) The panel shall jointly select and consult with two educational service districts as the demonstration sites, one of which shall be in eastern Washington. Not later than December 31, 2009, the panel shall brief the legislature on its work and identify the resources and policy changes essential for the implementation and operation of the demonstration sites.
     (5) This section expires January 1, 2010.

NEW SECTION.  Sec. 35   RCW 72.40.023 (Superintendent of the state school for the deaf -- Powers and duties) and 2002 c 209 s 3 are each repealed.

NEW SECTION.  Sec. 36   Section 34 of this act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately.