| State of Washington | 61st Legislature | 2009 Regular Session |
READ FIRST TIME 03/03/09.
AN ACT Relating to education; amending RCW 28A.150.200, 28A.150.210, 28A.150.220, 28A.150.250, 28A.150.260, 28A.150.390, 28A.150.380, 28A.150.315, 28A.230.090, 28A.305.130, 28A.160.150, 28A.160.160, 28A.160.170, 28A.160.180, 28A.160.190, 28A.150.410, 28A.165.005, 28A.165.015, 28A.165.055, 28A.180.010, 28A.180.080, 28A.185.010, 28A.185.020, and 28A.225.200; adding new sections to chapter 28A.150 RCW; adding new sections to chapter 28A.410 RCW; adding a new section to chapter 28B.10 RCW; adding a new section to chapter 28A.305 RCW; adding a new section to chapter 28A.655 RCW; adding a new section to chapter 28A.500 RCW; adding a new section to chapter 43.79 RCW; adding new sections to chapter 28A.160 RCW; creating new sections; repealing RCW 28A.150.030, 28A.150.060, 28A.150.100, 28A.150.040, 28A.150.370, 28A.155.180, and 28A.150.205; and providing effective dates.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
NEW SECTION. Sec. 1
(2) The legislature also intends that the policies and allocation
formulas in this act fulfill the legislature's obligation under Article
IX to establish a general and uniform system of public schools. The
legislature finds that in some instances providing general and uniform
educational opportunity requires tailoring basic education allocations
to reflect certain needs and circumstances of each school district,
including district size, certain student characteristics, and regional
labor market differences. It is the intent of the legislature that
these allocation formulas address these differences in order to promote
equity and uniformity of educational opportunity.
(3) Public education in Washington State has evolved since the
enactment of the Washington basic education act of 1977. Student
demographics, educational technology, data, and standards-based
learning and assessment are only a few examples of factors affecting
education that have changed in the last thirty years. Decisions by the
courts have played a part in this evolution, as have studies and
research about education practices and education funding. The
legislature finds ample evidence of a need to redefine the program of
basic education that is funded by the state and delivered by school
districts to better align with the stated goals of a basic education
and to improve the transparency and accountability of how the state
meets its constitutional obligation under Article IX.
(4) For practical and educational reasons, wholesale change of the
program of basic education and the funding formulas to support it
cannot occur instantaneously. Financial experts must develop the
details of the funding formulas. New systems of educator
certification, evaluation, mentoring, and compensation must be
developed and implemented. Data and accountability systems must be
created. Significant increases in resources for staffing and class
size reduction will have detrimental impact on student learning if
school districts hire unprepared teachers and lack facilities to house
them. The legislature intends to adopt a schedule for the concurrent
implementation of the redefined program of basic education and the
resources necessary to support it, beginning in the 2011-12 school year
and phased in over a six-year time period.
NEW SECTION. Sec. 2
NEW SECTION. Sec. 3
(a) Four members of the house of representatives, with two members
representing each of the major caucuses and appointed by the speaker of
the house of representatives;
(b) Four members of the senate, with two members representing each
of the major caucuses and appointed by the president of the senate; and
(c) One representative each from the office of the governor, office
of the superintendent of public instruction, state board of education,
professional educator standards board, and department of early
learning.
(2) The chair or cochairs of the steering committee shall be
selected by the members of the committee.
(3) The steering committee shall monitor and oversee the following
technical working groups:
(a) The finance and compensation working group under section 112 of
this act;
(b) The early learning working group under section 113 of this act;
and
(c) The achievement gap working group under section 4 of this act.
(4) Each of the working groups shall submit a preliminary report to
the steering committee by November 15, 2009, and a final report by
September 1, 2010. The steering committee may also request updates and
progress reports from the office of the superintendent of public
instruction, the state board of education, the professional educator
standards board, and the department of early learning on the
implementation of this act. The steering committee shall also monitor
and request updates and progress reports from groups or agencies
developing comprehensive education data systems.
(5) The steering committee shall submit an initial report to the
governor and the legislature by January 1, 2010, detailing its
recommendations based on analysis of reports from the working groups
and state agencies, including recommendations for resolving issues or
decisions requiring legislative action during the 2010 legislative
session, and recommendations for any funding necessary to continue
development and implementation of this act. The initial report from
the steering committee shall also contain a recommended schedule for
the concurrent phase-in of any changes in the instructional program of
basic education and the implementation of the funding formulas and
allocations to support the instructional program of basic education.
The objective of the schedule is to assure that increases in funding
allocations occur concurrently with increases in program and
instructional requirements.
(6) The steering committee shall submit subsequent reports to the
governor and the legislature by November 15, 2010, and annually
thereafter, ending November 15, 2016.
(7) Staff support for the basic education steering committee shall
be provided by the state agencies with representatives on the
committee, the senate committee services, and the office of program
research of the house of representatives. Legislative members of the
steering committee shall be reimbursed for travel expenses in
accordance with RCW 44.04.120.
(8) This section expires June 30, 2017.
NEW SECTION. Sec. 4
(2) An achievement gap working group is created to provide
oversight and accountability in the development of policies to close
the achievement gap. The working group shall synthesize the findings
and recommendations from the 2008 achievement gap studies into a single
implementation plan that recommends specific policies and strategies to
address the academic achievement gap in at least the following areas:
(a) Supporting and facilitating parent and community involvement
and outreach;
(b) Enhancing the cultural competency of current and future
educators and the cultural relevance of curriculum and instruction;
(c) Expanding pathways and strategies to prepare and recruit
diverse teachers and administrators;
(d) Recommending current programs and resources that should be
redirected to narrow the gap;
(e) Identifying data elements and systems needed to monitor
progress in closing the gap;
(f) Making closing the achievement gap part of the school and
school district improvement process; and
(g) Exploring innovative school models that have shown success in
closing the achievement gap.
(3) The achievement gap working group shall be composed of three
members appointed by the superintendent of public instruction and
twelve members appointed by the governor, with two governor-appointed
members to represent each of the following groups: African-Americans,
African-American immigrants, Asian-Americans, Pacific Islander
Americans, Hispanic Americans, and Native Americans. The chair or
cochairs of the working group shall be selected by the members of the
group. Staff support for the working group shall be provided within
available funds by the office of the superintendent of public
instruction through the center for the improvement of student learning.
(4) The achievement gap working group shall be monitored and
overseen by the basic education steering committee under section 3 of
this act.
Sec. 101 RCW 28A.150.200 and 1990 c 33 s 104 are each amended to
read as follows:This 1977 amendatory act shall be known
and may be cited as "The Washington Basic Education Act of 1977." The
program evolving from the Basic Education Act shall include (1) the
goal of the school system as defined in RCW 28A.150.210, (2) those
program requirements enumerated in RCW 28A.150.220, and (3) the
determination and distribution of state resources as defined in RCW
28A.150.250 and 28A.150.260.)) (1) The program
of basic education established under this chapter is deemed by the
legislature to comply with the requirements of Article IX, section 1 of
the state Constitution, which states that "It is the paramount duty of
the state to make ample provision for the education of all children
residing within its borders, without distinction or preference on
account of race, color, caste, or sex," and ((
The requirements of the Basic Education Act areare)) is adopted pursuant
to Article IX, section 2 of the state Constitution, which states that
"The legislature shall provide for a general and uniform system of
public schools."
(2) The legislature defines the program of basic education under
this chapter as:
(a) The instructional program of basic education the minimum
components of which are described in RCW 28A.150.220;
(b) The program of education provided by chapter 28A.190 RCW for
students in residential schools as defined by RCW 28A.190.020 and for
juveniles in detention facilities as identified by RCW 28A.190.010;
(c) The program of education provided by chapter 28A.193 RCW for
individuals under the age of eighteen who are incarcerated in adult
correctional facilities; and
(d) Transportation and transportation services to and from school
for eligible students as provided under RCW 28A.160.150 through
28A.160.180.
NEW SECTION. Sec. 102
(1) "Basic education goal" means the student learning goals and the
student knowledge and skills described under RCW 28A.150.210.
(2) "Certificated administrative staff" means all those persons who
are chief executive officers, chief administrative officers,
confidential employees, supervisors, principals, or assistant
principals within the meaning of RCW 41.59.020(4).
(3) "Certificated employee" as used in this chapter and RCW
28A.195.010, 28A.405.100, 28A.405.210, 28A.405.240, 28A.405.250,
28A.405.300 through 28A.405.380, and chapter 41.59 RCW, means those
persons who hold certificates as authorized by rule of the Washington
professional educator standards board.
(4) "Certificated instructional staff" means those persons employed
by a school district who are nonsupervisory certificated employees
within the meaning of RCW 41.59.020(8).
(5) "Class size" means an instructional grouping of students where,
on average, the ratio of students to teacher is the number specified.
(6) "Classified employee" means a person who does not hold a
certificate authorized by rule of the Washington professional educator
standards board or is employed in a position that does not require such
a certificate.
(7) "Classroom teacher" means a certificated instructional staff
person who is employed in a position that requires certification and
whose primary duty is the daily educational instruction of students.
In exceptional cases, people of unusual competence but without
certification may teach students so long as a certificated person
exercises general supervision, but the hiring of such classified people
shall not occur during a labor dispute, and such classified people
shall not be hired to replace certificated employees during a labor
dispute.
(8) "Instructional hours" means those hours students are provided
the opportunity to engage in educational activity planned by and under
the direction of school district staff, as directed by the
administration and board of directors of the district, inclusive of
intermissions for class changes, recess, and teacher/parent-guardian
conferences that are planned and scheduled by the district for the
purpose of discussing students' educational needs or progress, and
exclusive of time actually spent for meals.
(9) "Instructional program of basic education" means the minimum
program required to be provided by school districts and includes
instructional hour requirements and other components under RCW
28A.150.220.
(10) "Program of basic education" means the overall program under
RCW 28A.150.200 and deemed by the legislature to comply with the
requirements of Article IX, section 1 of the state Constitution.
(11) "School day" means each day of the school year on which pupils
enrolled in the common schools of a school district are engaged in
academic and career and technical instruction planned by and under the
direction of the school.
(12) "School year" includes the minimum number of school days
required under RCW 28A.150.220 and begins on the first day of September
and ends with the last day of August, except that any school district
may elect to commence the annual school term in the month of August of
any calendar year and in such case the operation of a school district
for such period in August shall be credited by the superintendent of
public instruction to the succeeding school year for the purpose of the
allocation and distribution of state funds for the support of such
school district.
(13) "Teacher planning period" means a period of a school day as
determined by the administration and board of the directors of the
district that may be used by teachers for instruction-related
activities including but not limited to preparing instructional
materials; reviewing student performance; recording student data;
consulting with other teachers, instructional assistants, mentors,
instructional coaches, administrators, and parents; or participating in
professional development.
Sec. 103 RCW 28A.150.210 and 2007 c 400 s 1 are each amended to
read as follows:The goal of the basic education act for
the schools of the state of Washington set forth in this chapter shall
be to)) A basic education is an evolving program of instruction that
provides students with the opportunity to become responsible and
respectful global citizens, to contribute to their economic well-being
and that of their families and communities, to explore and understand
different perspectives, and to enjoy productive and satisfying lives.
((Additionally,)) The state of Washington intends to provide for a
public school system that is able to evolve and adapt in order to
better focus on strengthening the educational achievement of all
students, which includes high expectations for all students and gives
all students the opportunity to achieve personal and academic success.
A basic education must also provide all students with the opportunity
to graduate from high school with a meaningful high school diploma,
ready for success in postsecondary education, gainful employment, and
citizenship. To these ends, the goals of each school district, with
the involvement of parents and community members, shall be to provide
opportunities for every student to develop the knowledge and skills
essential to:
(1) Read with comprehension, write effectively, and communicate
successfully in a variety of ways and settings and with a variety of
audiences;
(2) Know and apply the core concepts and principles of mathematics;
social, physical, and life sciences; civics and history, including
different cultures and participation in representative government;
geography; arts; and health and fitness;
(3) Think analytically, logically, and creatively, and to integrate
different experiences and knowledge to form reasoned judgments and
solve problems; and
(4) Understand the importance of work and finance and how
performance, effort, and decisions directly affect future career and
educational opportunities.
Sec. 104 RCW 28A.150.220 and 1993 c 371 s 2 are each amended to
read as follows:Satisfaction of the basic education
program requirements identified in RCW 28A.150.210 shall be considered
to be implemented by the following program:)) In order for students to have the
opportunity to develop the basic education knowledge and skills under
RCW 28A.150.210, school districts must provide instruction of
sufficient quantity and quality and give students the opportunity to
complete graduation requirements that are intended to prepare them for
postsecondary education, gainful employment, and citizenship. The
program established under this section shall be the minimum
instructional program of basic education offered by school districts.
(a) Each school district shall make available to students enrolled
in kindergarten at least a total instructional offering of four hundred
fifty hours. The program shall include instruction in the essential
academic learning requirements under RCW 28A.630.885 and such other
subjects and such activities as the school district shall determine to
be appropriate for the education of the school district's students
enrolled in such program;
(b) Each school district shall make available to students enrolled
in grades one through twelve, at least a district-wide annual average
total instructional hour offering of one thousand hours. The state
board of education may define alternatives to classroom instructional
time for students in grades nine through twelve enrolled in alternative
learning experiences. The state board of education shall establish
rules to determine annual average instructional hours for districts
including fewer than twelve grades. The program shall include the
essential academic learning requirements under RCW 28A.630.885 and such
other subjects and such activities as the school district shall
determine to be appropriate for the education of the school district's
students enrolled in such group
(2) Each school district shall make available to students the
following minimum instructional offering each school year:
(a) For students enrolled in grades one through twelve, at least a
district-wide annual average of one thousand hours, which shall be
increased to at least one thousand eighty instructional hours for
students enrolled in each of grades seven through twelve and at least
one thousand instructional hours for students in each of grades one
through six according to an implementation schedule adopted by the
legislature; and
(b) For students enrolled in kindergarten, at least four hundred
fifty instructional hours, which shall be increased to at least one
thousand instructional hours according to the implementation schedule
under RCW 28A.150.315.
(3) The instructional program of basic education provided by each
school district shall include:
(a) Instruction in the essential academic learning requirements
under RCW 28A.655.070;
(b) Instruction that provides students the opportunity to complete
twenty-four credits for high school graduation, with course
distribution requirements established by the state board of education
under RCW 28A.230.090 and that may be subject to a phased-in
implementation of the twenty-four credits as adopted by the board;
(c) If the essential academic learning requirements include a
requirement of languages other than English, the requirement may be met
by students receiving instruction in one or more American Indian
languages;
(d) Supplemental instruction and services for underachieving
students through the learning assistance program under RCW 28A.165.005
through 28A.165.065;
(e) Supplemental instruction and services for eligible and enrolled
students whose primary language is other than English through the
transitional bilingual instruction program under RCW 28A.180.010
through 28A.180.080;
(f) The opportunity for an appropriate education at public expense
as defined by RCW 28A.155.020 for all eligible students with
disabilities as defined in RCW 28A.155.020; and
(g) Programs for highly capable students under RCW 28A.185.010
through 28A.185.030.
(((2))) (4) Nothing contained in ((subsection (1) of)) this section
shall be construed to require individual students to attend school for
any particular number of hours per day or to take any particular
courses.
(((3))) (5) Each school district's kindergarten through twelfth
grade basic educational program shall be accessible to all students who
are five years of age, as provided by RCW 28A.225.160, and less than
twenty-one years of age and shall consist of a minimum of one hundred
eighty school days per school year in such grades as are conducted by
a school district, and one hundred eighty half-days of instruction, or
equivalent, in kindergarten((: PROVIDED, That)), to be increased to a
minimum of one hundred eighty school days per school year according to
the implementation schedule under RCW 28A.150.315. However, effective
May 1, 1979, a school district may schedule the last five school days
of the one hundred and eighty day school year for noninstructional
purposes in the case of students who are graduating from high school,
including, but not limited to, the observance of graduation and early
release from school upon the request of a student, and all such
students may be claimed as a full time equivalent student to the extent
they could otherwise have been so claimed for the purposes of RCW
28A.150.250 and 28A.150.260.
(((4))) (6) The state board of education shall adopt rules to
implement and ensure compliance with the program requirements imposed
by this section, RCW 28A.150.250 and 28A.150.260, and such related
supplemental program approval requirements as the state board may
establish.
Sec. 105 RCW 28A.150.250 and 1990 c 33 s 107 are each amended to
read as follows:amount which, when
combined with an appropriate portion of such locally available
revenues, other than)) allocation based on the formulas provided in RCW
28A.150.260, 28A.150.390, and section 108 of this act. The basic
education instructional allocation shall be net of receipts from
federal forest revenues distributed to school districts pursuant to RCW
28A.520.010 and 28A.520.020((, as the superintendent of public
instruction may deem appropriate for consideration in computing state
equalization support, excluding excess property tax levies, will
constitute a basic education allocation in dollars for each annual
average full time equivalent student enrolled, based upon one full
school year of one hundred eighty days, except that for kindergartens
one full school year shall be one hundred eighty half days of
instruction, or the equivalent as provided in RCW 28A.150.220)).
(2) The instructional program of basic education shall be
considered to be fully funded by those amounts of dollars appropriated
by the legislature pursuant to RCW ((28A.150.250 and)) 28A.150.260,
28A.150.390, and section 108 of this act to fund those program
requirements identified in RCW 28A.150.220 in accordance with the
formula and ratios provided in RCW 28A.150.260 and those amounts of
dollars appropriated by the legislature to fund the salary requirements
of RCW ((28A.150.100 and)) 28A.150.410.
((Operation of a program approved by the state board of education,
for the purposes of this section, shall include a finding that the
ratio of students per classroom teacher in grades kindergarten through
three is not greater than the ratio of students per classroom teacher
in grades four and above for such district: PROVIDED, That for the
purposes of this section, "classroom teacher" shall be defined as an
instructional employee possessing at least a provisional certificate,
but not necessarily employed as a certificated employee, whose primary
duty is the daily educational instruction of students: PROVIDED
FURTHER, That the state board of education shall adopt rules and
regulations to insure compliance with the student/teacher ratio
provisions of this section, and such rules and regulations shall allow
for exemptions for those special programs and/or school districts which
may be deemed unable to practicably meet the student/teacher ratio
requirements of this section by virtue of a small number of students.))
(3) If a school district's basic education program fails to meet
the basic education requirements enumerated in RCW ((28A.150.250,))
28A.150.260((,)) and 28A.150.220, the state board of education shall
require the superintendent of public instruction to withhold state
funds in whole or in part for the basic education allocation until
program compliance is assured((: PROVIDED, That)). However, the state
board of education may waive this requirement in the event of
substantial lack of classroom space.
Sec. 106 RCW 28A.150.260 and 2006 c 263 s 322 are each amended to
read as follows:The
basic education allocation for each annual average full time equivalent
student shall be determined in accordance with the following
procedures)) The purpose of this section is to provide for the
allocation of state funding that the legislature deems necessary to
support school districts in offering the minimum instructional program
of basic education under RCW 28A.150.220. The allocation shall be
determined as follows:
(1) The governor shall and the superintendent of public instruction
may recommend to the legislature a formula ((based on a ratio of
students to staff)) for the distribution of a basic education
instructional allocation for each ((annual average full time equivalent
student enrolled in a)) common school district. ((The distribution
formula shall have the primary objective of equalizing educational
opportunities and shall provide appropriate recognition of the
following costs among the various districts within the state:))
(a) Certificated instructional staff and their related costs;
(b) Certificated administrative staff and their related costs;
(c) Classified staff and their related costs;
(d) Nonsalary costs;
(e) Extraordinary costs, including school facilities, of remote and
necessary schools as judged by the superintendent of public
instruction, with recommendations from the school facilities citizen
advisory panel under RCW 28A.525.025, and small high schools, including
costs of additional certificated and classified staff; and
(f) The attendance of students pursuant to RCW 28A.335.160 and
28A.225.250 who do not reside within the servicing school district.
(2)(((a))) The distribution formula under this section shall be for
allocation purposes only. Except as may be required under chapter
28A.165, 28A.180, or 28A.155 RCW, or federal laws and regulations,
nothing in this section requires school districts to use basic
education instructional funds to implement a particular instructional
approach or service. Nothing in this section requires school districts
to maintain a particular classroom teacher-to-student ratio or other
staff-to-student ratio or to use allocated funds to pay for particular
types or classifications of staff. Nothing in this section entitles an
individual teacher to a particular teacher planning period.
(3)(a) The distribution formula for the basic education
instructional allocation shall be based on minimum staffing and
nonstaff costs the legislature deems necessary to support instruction
and operations in prototypical schools serving high, middle, and
elementary school students as provided in this section. The use of
prototypical schools for the distribution formula does not constitute
legislative intent that schools should be operated or structured in a
similar fashion as the prototypes. Prototypical schools illustrate the
level of resources needed to operate a school of a particular size with
particular types and grade levels of students using commonly understood
terms and inputs, such as class size, hours of instruction, and various
categories of school staff. Funding allocations to school districts
shall be adjusted from the school prototypes based on the actual number
of annual average full-time equivalent students in each grade level at
each school in the district and not based on the grade-level
configuration of the school. The allocations shall be further adjusted
from the school prototypes with minimum allocations for small schools
and to reflect other factors identified in the omnibus appropriations
act.
(b) For the purposes of this section, prototypical schools are
defined as follows:
(i) A prototypical high school has six hundred average annual full-time equivalent students in grades nine through twelve;
(ii) A prototypical middle school has four hundred thirty-two
average annual full-time equivalent students in grades seven and eight;
and
(iii) A prototypical elementary school has four hundred average
annual full-time equivalent students in grades kindergarten through
six.
(c) The minimum allocation for each level of prototypical school
shall be based on the number of full-time equivalent classroom teachers
needed to provide instruction over the minimum required annual
instructional hours under RCW 28A.150.220 and provide at least one
teacher planning period per school day, and based on an average class
size as specified in the omnibus appropriations act. The omnibus
appropriations act shall specify:
(i) Basic average class size;
(ii) Basic average class size in schools where more than fifty
percent of the students are eligible for free and reduced-price meals;
(iii) Average class size for exploratory and preparatory career and
technical education, laboratory science, advanced placement, and
international baccalaureate courses; and
(iv) Average class size in grades kindergarten through three.
(d) The minimum allocation for each level of prototypical school
shall include allocations for the following types of staff in addition
to classroom teachers:
(i) Principals, including assistant principals and other
certificated building-level administrators;
(ii) Teacher librarians, a function that includes information
literacy, technology, and media to support school library media
programs;
(iii) Student health services, a function that includes school
nurses and social workers;
(iv) Guidance counselors, a function that includes parent outreach
and graduation advisor;
(v) Professional development coaches;
(vi) Office support and other staff providing noninstructional
support services;
(vii) Custodians and other maintenance; and
(viii) Classified staff providing student and staff safety.
(4)(a) The minimum allocation for each school district shall
include allocations per annual average full-time equivalent student for
the following materials, supplies, and operating costs: Student
technology; utilities; curriculum, textbooks, library materials, and
instructional supplies; instructional professional development; other
building-level costs including maintenance, custodial, and security;
and central office administration.
(b) The annual average full-time equivalent student amounts in (a)
of this subsection shall be enhanced based on full-time equivalent
student enrollment in exploratory career and technical education
courses for students in grades seven through twelve; laboratory science
courses for students in grades nine through twelve; preparatory career
and technical education courses for students in grades nine through
twelve offered in a high school; and preparatory career and technical
education courses for students in grades eleven and twelve offered
through a skill center.
(5) The allocations provided under subsections (3) and (4) of this
section shall be enhanced as follows to provide additional allocations
for classroom teachers and maintenance, supplies, and operating costs:
(a) To provide supplemental instruction and services for
underachieving students through the learning assistance program under
RCW 28A.165.005 through 28A.165.065, allocations shall be based on the
percent of students in each school who are eligible for free and
reduced-price meals. The minimum allocation for the learning
assistance program shall provide an extended school day and extended
school year for each level of prototypical school and a per student
allocation for maintenance, supplies, and operating costs.
(b) To provide supplemental instruction and services for students
whose primary language is other than English, allocations shall be
based on the number of students in each school who are eligible for and
enrolled in the transitional bilingual instruction program under RCW
28A.180.010 through 28A.180.080. The minimum allocation for each level
of prototypical school shall provide for supplemental instruction based
on percent of the school day a student is assumed to receive
supplemental instruction and a per student allocation for maintenance,
supplies, and operating costs.
(6) The allocations provided under subsections (3) and (4) of this
section shall be enhanced to provide additional allocations to support
programs for highly capable students under RCW 28A.185.010 through
28A.185.030, based on two percent of each school district's full-time
equivalent enrollment. The minimum allocation for the programs shall
provide an extended school day and extended school year for each level
of prototypical school and a per student allocation for maintenance,
supplies, and operating costs.
(7) The allocations under subsections (3) through (5) of this
section shall be enhanced as provided under RCW 28A.150.390 on an
excess cost basis to provide supplemental instructional resources for
students with disabilities.
(8) The distribution formula shall include allocations to school
districts to support certificated and classified staffing of central
office administration. The minimum allocation shall be calculated as
a percentage, identified in the omnibus appropriations act, of the
total allocations for staff under subsection (3) of this section for
all schools in the district.
(9)(a) For the purposes of allocations for prototypical high
schools and middle schools under subsections (3) and (5) of this
section that are based on the percent of students in the school who are
eligible for free and reduced-price meals, the actual percent of such
students in a school shall be adjusted by a factor identified in the
omnibus appropriations act to reflect underreporting of free and
reduced-price meal eligibility among middle and high school students.
(b) Allocations or enhancements provided under subsections (3) and
(4) of this section for exploratory and preparatory career and
technical education courses shall be provided only for courses approved
by the office of the superintendent of public instruction under chapter
28A.700 RCW.
(10)(a) This formula for distribution of basic education funds
shall be reviewed biennially by the superintendent and governor. The
recommended formula shall be subject to approval, amendment or
rejection by the legislature. ((The formula shall be for allocation
purposes only. While the legislature intends that the allocations for
additional instructional staff be used to increase the ratio of such
staff to students, nothing in this section shall require districts to
reduce the number of administrative staff below existing levels.)) (b) In the event the legislature rejects the distribution
formula recommended by the governor, without adopting a new
distribution formula, the distribution formula for the previous school
year shall remain in effect((
(b) The formula adopted by the legislature shall reflect the
following ratios at a minimum: (i) Forty-nine certificated
instructional staff to one thousand annual average full time equivalent
students enrolled in grades kindergarten through three; (ii) forty-six
certificated instructional staff to one thousand annual average full
time equivalent students in grades four through twelve; (iii) four
certificated administrative staff to one thousand annual average full
time equivalent students in grades kindergarten through twelve; and
(iv) sixteen and sixty-seven one-hundredths classified personnel to one
thousand annual average full time equivalent students enrolled in
grades kindergarten through twelve.
(c): PROVIDED, That the distribution formula
developed pursuant to this section shall be for state apportionment and
equalization purposes only and shall not be construed as mandating
specific operational functions of local school districts other than
those program requirements identified in RCW 28A.150.220 and
28A.150.100)).
(c) The enrollment of any district shall be the annual average
number of full-time equivalent students and part-time students as
provided in RCW 28A.150.350, enrolled on the first school day of each
month ((and shall exclude full time equivalent students with
disabilities recognized for the purposes of allocation of state funds
for programs under RCW 28A.155.010 through 28A.155.100)), including
students who are in attendance pursuant to RCW 28A.335.160 and
28A.225.250 who do not reside within the servicing school district.
The definition of full-time equivalent student shall be determined by
rules of the superintendent of public instruction((: PROVIDED, That
the definition)) and shall be included as part of the superintendent's
biennial budget request((: PROVIDED, FURTHER, That)). The definition
shall be based on the minimum instructional hour offerings required
under RCW 28A.150.220. Any revision of the present definition shall
not take effect until approved by the house appropriations committee
and the senate ways and means committee((: PROVIDED, FURTHER, That)).
(d) The office of financial management shall make a monthly review
of the superintendent's reported full-time equivalent students in the
common schools in conjunction with RCW 43.62.050.
(((3)(a) Certificated instructional staff shall include those
persons employed by a school district who are nonsupervisory employees
within the meaning of RCW 41.59.020(8): PROVIDED, That in exceptional
cases, people of unusual competence but without certification may teach
students so long as a certificated person exercises general
supervision: PROVIDED, FURTHER, That the hiring of such classified
people shall not occur during a labor dispute and such classified
people shall not be hired to replace certificated employees during a
labor dispute.))
(b) Certificated administrative staff shall include all those
persons who are chief executive officers, chief administrative
officers, confidential employees, supervisors, principals, or assistant
principals within the meaning of RCW 41.59.020(4).
Sec. 107 RCW 28A.150.390 and 1995 c 77 s 6 are each amended to
read as follows:28A.150.250,))
28A.150.260((,)) (3) through (5) and federal medical assistance and
private funds accruing under RCW 74.09.5249 through 74.09.5253 and
74.09.5254 through 74.09.5256((, and other state and local funds,
excluding special excess levies)).
(2) The excess cost allocation to school districts shall be based
on the following:
(a) A district's annual average headcount enrollment of students
ages birth through four and those five year olds not yet enrolled in
kindergarten who are eligible for and enrolled in special education,
multiplied by the district's base allocation per full-time equivalent
student, multiplied by 1.15; and
(b) A district's annual average full-time equivalent basic
education enrollment, multiplied by the district's funded enrollment
percent, multiplied by the district's base allocation per full-time
equivalent student, multiplied by 0.9309.
(3) As used in this section:
(a) "Base allocation" means the total state allocation to all
schools in the district generated by the distribution formula under RCW
28A.150.260 (3) through (5), to be divided by the district's full-time
equivalent enrollment.
(b) "Basic education enrollment" means enrollment of resident
students including nonresident students enrolled under RCW 28A.225.225
and students from nonhigh districts enrolled under RCW 28A.225.210 and
excluding students residing in another district enrolled as part of an
interdistrict cooperative program under RCW 28A.225.250.
(c) "Enrollment percent" means the district's resident special
education annual average enrollment, excluding students ages birth
through four and those five year olds not yet enrolled in kindergarten,
as a percent of the district's annual average full-time equivalent
basic education enrollment.
(d) "Funded enrollment percent" means the lesser of the district's
actual enrollment percent or twelve and seven-tenths percent.
NEW SECTION. Sec. 108
(a) The committee shall consider additional funds for districts
that can convincingly demonstrate that all legitimate expenditures for
special education exceed all available revenues from state funding
formulas. In the determination of need, the committee shall also
consider additional available revenues from federal sources.
Differences in program costs attributable to district philosophy,
service delivery choice, or accounting practices are not a legitimate
basis for safety net awards. In the determination of need, the
committee shall require that districts demonstrate that they are
maximizing their eligibility for all state and federal revenues related
to services for special education students and federal impact aid.
(b) The committee shall then consider the extraordinary high cost
needs of one or more individual special education students.
Differences in costs attributable to district philosophy, service
delivery choice, or accounting practices are not a legitimate basis for
safety net awards.
(c) Using criteria developed by the committee, the committee shall
then consider extraordinary costs associated with communities that draw
a larger number of families with children in need of special education
services, which may include consideration of proximity to group homes,
military bases, and regional hospitals. Safety net awards under this
subsection (1)(c) shall be adjusted to reflect amounts awarded under
(b) of this subsection.
(d) The maximum allowable indirect cost for calculating safety net
eligibility may not exceed the federal restricted indirect cost rate
for the district plus one percent.
(e) Safety net awards shall be adjusted based on the percent of
potential medicaid eligible students billed as calculated by the
superintendent of public instruction in accordance with chapter 318,
Laws of 1999.
(f) Safety net awards must be adjusted for any audit findings or
exceptions related to special education funding.
(2) The superintendent of public instruction may adopt such rules
and procedures as are necessary to administer the special education
funding and safety net award process. Before revising any standards,
procedures, or rules, the superintendent shall consult with the office
of financial management and the fiscal committees of the legislature.
In adopting and revising the rules, the superintendent shall ensure the
application process to access safety net funding is streamlined,
timelines for submission are not in conflict, feedback to school
districts is timely and provides sufficient information to allow school
districts to understand how to correct any deficiencies in a safety net
application, and that there is consistency between awards approved by
school district and by application period. The office of the
superintendent of public instruction shall also provide technical
assistance to school districts in preparing and submitting special
education safety net applications.
(3) On an annual basis, the superintendent shall survey districts
regarding their satisfaction with the safety net process and consider
feedback from districts to improve the safety net process. Each year
by December 1st, the superintendent shall prepare and submit a report
to the office of financial management and the appropriate policy and
fiscal committees of the legislature that summarizes the survey results
and those changes made to the safety net process as a result of the
school district feedback.
(4) The safety net oversight committee appointed by the
superintendent of public instruction shall consist of:
(a) One staff member from the office of the superintendent of
public instruction;
(b) Staff of the office of the state auditor who shall be nonvoting
members of the committee; and
(c) One or more representatives from school districts or
educational service districts knowledgeable of special education
programs and funding.
Sec. 109 RCW 28A.150.380 and 2001 c 3 s 10 are each amended to
read as follows:from the
state general fund)) for the current use of the common schools such
amounts as needed for state support to ((the common schools)) school
districts during the ensuing biennium ((as provided in this chapter,
RCW 28A.160.150 through 28A.160.210, 28A.300.170, and 28A.500.010)) for
the program of basic education under RCW 28A.150.200.
(2) In addition to those state funds provided to school districts
for basic education, the legislature may appropriate funds to be
distributed to school districts for other factors and for other special
programs to enhance or enrich the program of basic education.
(3) The state legislature shall also, at each regular session in an
odd-numbered year, appropriate from the student achievement fund and
education construction fund solely for the purposes of and in
accordance with the provisions of the student achievement act during
the ensuing biennium.
Sec. 110 RCW 28A.150.315 and 2007 c 400 s 2 are each amended to
read as follows:
(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.))
Sec. 111 RCW 28A.230.090 and 2006 c 114 s 3 are each amended to
read as follows:
(a) Any course in Washington state history and government used to
fulfill high school graduation requirements shall consider including
information on the culture, history, and government of the American
Indian peoples who were the first inhabitants of the state.
(b) The certificate of academic achievement requirements under RCW
28A.655.061 or the certificate of individual achievement requirements
under RCW 28A.155.045 are required for graduation from a public high
school but are not the only requirements for graduation.
(c) Any decision on whether a student has met the state board's
high school graduation requirements for a high school and beyond plan
shall remain at the local level.
(2)(a) In recognition of the statutory authority of the state board
of education to establish and enforce minimum high school graduation
requirements, the state board shall periodically reevaluate the
graduation requirements and shall report such findings to the
legislature in a timely manner as determined by the state board.
(b) The state board shall reevaluate the graduation requirements
for students enrolled in vocationally intensive and rigorous career and
technical education programs, particularly those programs that lead to
a certificate or credential that is state or nationally recognized.
The purpose of the evaluation is to ensure that students enrolled in
these programs have sufficient opportunity to earn a certificate of
academic achievement, complete the program and earn the program's
certificate or credential, and complete other state and local
graduation requirements. ((The board shall reports [report] its
findings and recommendations for additional flexibility in graduation
requirements, if necessary, to the legislature by December 1, 2007.))
(c) The state board shall forward any proposed changes to the high
school graduation requirements to the education committees of the
legislature for review, and the legislature shall have the opportunity
to act during a regular legislative session before the changes are
adopted through administrative rule by the state board. Changes that
have a fiscal impact on school districts, as identified by a fiscal
analysis prepared by the office of the superintendent of public
instruction, shall take effect only if formally authorized by the
legislature through the omnibus appropriations act or other enacted
legislation.
(3) Pursuant to any requirement for instruction in languages other
than English established by the state board of education or a local
school district, or both, for purposes of high school graduation,
students who receive instruction in American sign language or one or
more American Indian languages shall be considered to have satisfied
the state or local school district graduation requirement for
instruction in one or more languages other than English.
(4) If requested by the student and his or her family, a student
who has completed high school courses before attending high school
shall be given high school credit which shall be applied to fulfilling
high school graduation requirements if:
(a) The course was taken with high school students, if the academic
level of the course exceeds the requirements for seventh and eighth
grade classes, and the student has successfully passed by completing
the same course requirements and examinations as the high school
students enrolled in the class; or
(b) The academic level of the course exceeds the requirements for
seventh and eighth grade classes and the course would qualify for high
school credit, because the course is similar or equivalent to a course
offered at a high school in the district as determined by the school
district board of directors.
(5) Students who have taken and successfully completed high school
courses under the circumstances in subsection (4) of this section shall
not be required to take an additional competency examination or perform
any other additional assignment to receive credit.
(6) At the college or university level, five quarter or three
semester hours equals one high school credit.
NEW SECTION. Sec. 112
(2) The office of financial management and the office of the
superintendent of public instruction shall convene a technical working
group to:
(a) Develop the details of the funding formulas under RCW
28A.150.260;
(b) Recommend an implementation schedule for phasing-in any
increased program or instructional requirements concurrently with
increases in funding for adoption by the legislature;
(c) Examine possible sources of revenue to support increases in
funding allocations and present options to the steering committee for
consideration;
(d) Recommend options for a compensation system that provides
support for effective teaching and recruitment and retention of high
quality staff, including:
(i) Developing options and cost estimates for a salary allocation
schedule for new certificated instructional staff into which current
staff have the option to transfer. At a minimum, the schedules shall
align with the educator certification system developed by the
professional educator standards board;
(ii) Updating the comparable wage and regional wage analysis
conducted by the Washington state institute for public policy in 2008
and developing options and cost estimates for a regional wage
adjustment schedule that could be applied to state salary allocations
for certificated instructional, administrative, and classified staff;
(iii) Developing options and cost estimates for allocations for
administrative and classified staff through the funding formulas in RCW
28A.150.260; and
(iv) Collecting and analyzing detailed data on supplemental
contracts for time, responsibilities, or incentives; and
(e) Develop options for a new system of supplemental school funding
through local school levies and local effort assistance. The working
group shall take into consideration the impact on overall school
district revenues of the new funding formulas established under RCW
28A.150.260 and recommend a phase-in plan that reduces reliance on
local school levies concurrently with increased state funding and
assures that no district suffers a decrease in overall funding from one
school year to the next due to implementation of the new systems.
(3) The working group shall include representatives of the state
board of education, the professional educator standards board, the
legislative evaluation and accountability program committee, school
district and educational service district financial managers, the
Washington association of school business officers, the Washington
education association, the Washington association of school
administrators, the association of Washington school principals, the
Washington state school directors' association, classified school
employees, parents, higher education, and other interested persons with
expertise in education finance. The working group may convene advisory
subgroups on specific topics as necessary to assure participation and
input from a broad array of diverse stakeholders. The office of
financial management and the office of the superintendent of public
instruction may divide the working group into subgroups to focus on the
funding formulas, compensation, revenue, and supplemental school
funding.
(4) The working group shall be monitored and overseen by the basic
education steering committee under section 3 of this act.
NEW SECTION. Sec. 113
(2) 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. 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. The working group may convene
advisory subgroups on specific topics as necessary to assure
participation and input from a broad array of diverse stakeholders.
(3) 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:
(a) Recommend student eligibility criteria that focus on children
aged three and four considered most at-risk;
(b) Develop options for a service delivery system that includes
school districts, educational service districts, community and
technical colleges, and public and private nonsectarian organizations;
(c) Develop options for shared governance that include the
superintendent of public instruction and the department of early
learning each with appropriate supervisory and administrative
responsibilities;
(d) Develop recommended parameters and minimum standards for the
program; and
(e) Continue development of a statewide kindergarten assessment
process.
(4) The early learning working group shall be monitored and
overseen by the basic education steering committee under section 3 of
this act.
NEW SECTION. Sec. 201
NEW SECTION. Sec. 202 A new section is added to chapter 28A.410
RCW to read as follows:
(2) By January 1, 2010, the professional educator standards board
shall submit to the governor and the education and fiscal committees of
the legislature:
(a) An update on the status of implementation of the professional
certificate external and uniform assessment authorized in RCW
28A.410.210;
(b) A proposal for a valid and reliable classroom-based means of
evaluating teacher effectiveness as a culminating measure for residency
certification that involves multiple measures of teacher performance in
classrooms and a role for state-trained evaluators;
(c) Estimated costs and statutory authority needed for further
development and implementation of the assessments in this subsection
(2); and
(d) Recommendations for other modifications to residency,
professional, and ongoing professional certification that focus on
demonstrated performance and professional growth rather than enrollment
in certification programs or continuing education.
(3) By January 1, 2011, the professional educator standards board
shall submit recommendations to the governor and the education
committees of the legislature providing definitions for voluntary
master-level certification for teachers and educational staff
associates. Within the definition established by the board,
individuals certified through the national board for professional
teaching standards shall be considered to have achieved master-level
certification.
NEW SECTION. Sec. 203 A new section is added to chapter 28A.410
RCW to read as follows:
(a) Work with institutions of higher education, including community
colleges, to build stronger connections and partnerships with school
districts and to craft innovative teacher preparation programs,
particularly in rural areas;
(b) Work with in-state and national organizations to identify
barriers and craft solutions to improved recruitment, hiring,
preparation, and retention of mathematics and science teachers;
(c) Expand information to students and counselors, from middle
school through college, about teacher preparation options and
opportunities;
(d) Seek private and federal support for innovations and
initiatives; and
(e) Set goals, collect and analyze data, and monitor progress
toward achieving the goals.
(2) Strategies overseen and coordinated by the board to achieve the
objectives of this section include but are not limited to the
following:
(a) Building pipelines to mathematics and science teaching,
beginning in middle school and through college using the recruiting
Washington teachers program under RCW 28A.415.370, the pipeline for
paraeducators conditional scholarship program under RCW 28A.660.042,
and the Washington teach initiative under section 204 of this act;
(b) Streamlining teacher preparation and improving the geographic
distribution of mathematics and science teachers through the retooling
to teach mathematics and science conditional scholarship program under
RCW 28A.660.045 and alternative route to teacher certification programs
under RCW 28A.660.040;
(c) Shifting and building capacity in public four-year institutions
of higher education to prepare mathematics and science teachers through
institutional priority initiatives under section 204 of this act; and
(d) Attracting individuals to careers in mathematics and science
teaching, including through the future teachers conditional scholarship
and loan repayment program under chapter 28B.102 RCW.
NEW SECTION. Sec. 204 A new section is added to chapter 28B.10
RCW to read as follows:
(a) Evidence of a commitment by the institution to make development
of mathematics and science teachers an institutional priority;
(b) Collaboration between institutional leadership, the college of
education, and the mathematics and science departments of the college
of arts and sciences;
(c) Proposed targeted outreach, student advising, and recruitment
efforts;
(d) Proposed streamlined course requirements to enable students to
obtain both a mathematics or science major and residency certification
within four years of study;
(e) Development of opportunities for classroom experiences early in
the students' academic careers;
(f) Evidence of increased collaboration and partnership with school
districts, including districts outside the immediate geographic
vicinity of the institution and including exploration of opportunities
for alternative route programs; and
(g) Measurable goals and objectives, including the estimated shift
in enrollment under the institutional priority initiative under
subsection (3) of this section.
(2) Each institution under this section shall begin exploring
opportunities for partnerships with one or more school districts to
provide one or more of the alternative route programs under RCW
28A.660.040 using routes two, three, or four to offer candidates a
postbaccalaureate residency teaching certificate in middle level
mathematics or science or secondary mathematics or science. In the
plans and updates required under subsection (1) of this section, each
institution shall identify possible partner school districts, describe
prospects and barriers for partnership, and provide an analysis of the
opportunities and progress in developing an alternative route program.
(3) Each institution under this section shall include in its
Washington teach initiative a specific plan to reduce admittance and
enrollment of students seeking residency teacher certification with an
endorsement in elementary education and increase enrollment capacity
for students seeking residency teacher certification with an
endorsement in middle level mathematics or science, or secondary
mathematics or science.
NEW SECTION. Sec. 301
(2) However, the legislature also finds that the state and school
districts share responsibility for continuous improvement and achieving
state educational standards. It is the state's responsibility to
provide schools and districts with the tools necessary for continuous
improvement. These tools include the necessary accounting and data
reporting systems, assessment systems to monitor student achievement,
and a system of general support, targeted assistance, recognition, and,
if necessary, intervention. It is also the state's responsibility to
take into account the capacity of the school system to implement
changes and meet new requirements, and adjust expectations accordingly.
(3) The legislature intends to maintain a single system of
continuous school improvement under both state and federal law. The
legislature intends that a new state system be implemented only if
Washington receives authorization from the United States department of
education to use the state system for federal accountability purposes
under P.L. 107-110, the no child left behind act of 2001.
Sec. 302 RCW 28A.305.130 and 2008 c 27 s 1 are each amended to
read as follows:
(1) Hold regularly scheduled meetings at such time and place within
the state as the board shall determine and may hold such special
meetings as may be deemed necessary for the transaction of public
business;
(2) Form committees as necessary to effectively and efficiently
conduct the work of the board;
(3) Seek advice from the public and interested parties regarding
the work of the board;
(4) For purposes of statewide accountability:
(a) Adopt and revise performance improvement goals in reading,
writing, science, and mathematics, by subject and grade level, once
assessments in these subjects are required statewide; academic and
technical skills, as appropriate, in secondary career and technical
education programs; and student attendance, as the board deems
appropriate to improve student learning. The goals shall be consistent
with student privacy protection provisions of RCW 28A.655.090(7) and
shall not conflict with requirements contained in Title I of the
federal elementary and secondary education act of 1965, or the
requirements of the Carl D. Perkins vocational education act of 1998,
each as amended. The goals may be established for all students,
economically disadvantaged students, limited English proficient
students, students with disabilities, and students from
disproportionately academically underachieving racial and ethnic
backgrounds. The board may establish school and school district goals
addressing high school graduation rates and dropout reduction goals for
students in grades seven through twelve. The board shall adopt the
goals by rule. However, before each goal is implemented, the board
shall present the goal to the education committees of the house of
representatives and the senate for the committees' review and comment
in a time frame that will permit the legislature to take statutory
action on the goal if such action is deemed warranted by the
legislature;
(b) Identify the scores students must achieve in order to meet the
standard on the Washington assessment of student learning and, for high
school students, to obtain a certificate of academic achievement. The
board shall also determine student scores that identify levels of
student performance below and beyond the standard. The board shall
consider the incorporation of the standard error of measurement into
the decision regarding the award of the certificates. The board shall
set such performance standards and levels in consultation with the
superintendent of public instruction and after consideration of any
recommendations that may be developed by any advisory committees that
may be established for this purpose. The initial performance standards
and any changes recommended by the board in the performance standards
for the tenth grade assessment shall be presented to the education
committees of the house of representatives and the senate by November
30th of the school year in which the changes will take place to permit
the legislature to take statutory action before the changes are
implemented if such action is deemed warranted by the legislature. The
legislature shall be advised of the initial performance standards and
any changes made to the elementary level performance standards and the
middle school level performance standards;
(c) Adopt objective, systematic criteria based on multiple outcomes
and indicators to identify successful schools and school districts
((and recommend to the superintendent of public instruction schools and
districts to be recognized for two types of accomplishments, student
achievement and improvements in student achievement. Recognition for
improvements in student achievement shall include consideration of one
or more of the following accomplishments:)), those in need of assistance, and those in which
significant numbers of students persistently fail to meet state
standards((
(i) An increase in the percent of students meeting standards. The
level of achievement required for recognition may be based on the
achievement goals established by the legislature and by the board under
(a) of this subsection;
(ii) Positive progress on an improvement index that measures
improvement in all levels of the assessment; and
(iii) Improvements despite challenges such as high levels of
mobility, poverty, English as a second language learners, and large
numbers of students in special populations as measured by either the
percent of students meeting the standard, or the improvement index.
When determining the baseline year or years for recognizing individual
schools, the board may use the assessment results from the initial
years the assessments were administered, if doing so with individual
schools would be appropriate;
(d) Adopt objective, systematic criteria to identify schools and
school districts. In its deliberations, the board shall consider the use of
all statewide mandated criterion-referenced and norm-referenced
standardized tests));
(d) Recommend to the superintendent of public instruction ways for
exemplary schools and districts to be recognized for student
achievement and improvements in student achievement;
(e) Identify schools and school districts in which state
((intervention measures)) support and assistance will be needed and
recommend to the legislature a range of appropriate intervention
strategies, which may be implemented only after the legislature has
authorized a set of intervention strategies. After the legislature has
authorized a set of intervention strategies, at the request of the
board, the superintendent shall intervene in the school or school
district and take corrective actions. This chapter does not provide
additional authority for the board or the superintendent of public
instruction to intervene in a school or school district;
(f) Identify performance incentive systems that have improved or
have the potential to improve student achievement;
(g) Annually review the assessment reporting system to ensure
fairness, accuracy, timeliness, and equity of opportunity, especially
with regard to schools with special circumstances and unique
populations of students, and a recommendation to the superintendent of
public instruction of any improvements needed to the system; and
(h) Include in the biennial report required under RCW 28A.305.035,
information on the progress that has been made in achieving goals
adopted by the board;
(5) Accredit, subject to such accreditation standards and
procedures as may be established by the state board of education, all
private schools that apply for accreditation, and approve, subject to
the provisions of RCW 28A.195.010, private schools carrying out a
program for any or all of the grades kindergarten through twelve:
PROVIDED, That no private school may be approved that operates a
kindergarten program only: PROVIDED FURTHER, That no private schools
shall be placed upon the list of accredited schools so long as secret
societies are knowingly allowed to exist among its students by school
officials;
(6) Articulate with the institutions of higher education, workforce
representatives, and early learning policymakers and providers to
coordinate and unify the work of the public school system;
(7) Hire an executive director and an administrative assistant to
reside in the office of the superintendent of public instruction for
administrative purposes. Any other personnel of the board shall be
appointed as provided by RCW 28A.300.020. The board may delegate to
the executive director by resolution such duties as deemed necessary to
efficiently carry on the business of the board including, but not
limited to, the authority to employ necessary personnel and the
authority to enter into, amend, and terminate contracts on behalf of
the board. The executive director, administrative assistant, and all
but one of the other personnel of the board are exempt from civil
service, together with other staff as now or hereafter designated as
exempt in accordance with chapter 41.06 RCW; and
(8) Adopt a seal that shall be kept in the office of the
superintendent of public instruction.
NEW SECTION. Sec. 303 A new section is added to chapter 28A.305
RCW to read as follows:
(1) Develop a comprehensive system of voluntary support and
assistance for schools and school districts where the level of
intensity of support and assistance for continuous school improvement
increases based on objective, systematic criteria. The superintendent
of public instruction shall implement the system to the extent funds
are available;
(2) Develop a proposal for support and assistance for schools and
school districts that have not demonstrated sufficient improvement
through a voluntary system. The proposal shall be implemented only if
formally authorized by the legislature through enacted legislation;
(3) Develop a methodology for using the prototypical school funding
model under RCW 28A.150.260 as an analytic tool for comparing funding
allocation assumptions and the actual use and distribution of
resources, as well as outcomes, at the school and district level; and
(4) Examine opportunities for and the feasibility of incorporating
a system of quality management, accountability, and performance
improvement such as the Baldridge national quality program into the
overall state system continuous school improvement.
NEW SECTION. Sec. 304
(2) The state board of education and the superintendent of public
instruction shall submit a progress report on the implementation of RCW
28A.305.130 and section 303 of this act to the education and fiscal
committees of the legislature by December 1, 2009, and a final report
with proposals and recommendations by December 1, 2010.
NEW SECTION. Sec. 305 A new section is added to chapter 28A.655
RCW to read as follows:
NEW SECTION. Sec. 401 A new section is added to chapter 28A.500
RCW to read as follows:
(2) However, the value of permitting local levies must be balanced
with the value of equity and fairness to students and to taxpayers,
neither of whom should be unduly disadvantaged due to differences in
the tax bases used to support local levies. Equity and fairness
require both an equitable basis for supplemental funding outside basic
education and a mechanism for property tax-poor school districts to
fairly access supplemental funding. As such, local effort assistance,
while also outside the state's obligation for basic education, is
another important component of school finance.
NEW SECTION. Sec. 402 A new section is added to chapter 43.79
RCW to read as follows:
(2) By September 30, 2011, and by September 30th of each odd-numbered year thereafter, if general state revenues from the prior
fiscal biennium exceed the revenues from the fiscal biennium
immediately preceding the prior fiscal biennium by more than five
percent, the state treasurer shall transfer fifty percent of the amount
over five percent to the basic education account.
(3) For the purposes of this section, "general state revenues"
shall be as defined by Article VIII, section 1 of the state
Constitution.
Sec. 403 RCW 28A.160.150 and 1996 c 279 s 1 are each amended to
read as follows:one radius mile from)) the school walk area as determined
under RCW ((28A.160.180(2))) 28A.160.160(5).
Sec. 404 RCW 28A.160.160 and 1996 c 279 s 2 are each amended to
read as follows:
(1) "Eligible student" means any student served by the
transportation program of a school district or compensated for
individual transportation arrangements authorized by RCW 28A.160.030
whose route stop is ((more than one radius mile from the)) outside the
walk area for a student's school, except if the student to be
transported is disabled under RCW 28A.155.020 and is either not
ambulatory or not capable of protecting his or her own welfare while
traveling to or from the school or agency where special education
services are provided, in which case no mileage distance restriction
applies.
(2) "Superintendent" means the superintendent of public
instruction.
(3) "To and from school" means the transportation of students for
the following purposes:
(a) Transportation to and from route stops and schools;
(b) Transportation to and from schools pursuant to an interdistrict
agreement pursuant to RCW 28A.335.160;
(c) Transportation of students between schools and learning centers
for instruction specifically required by statute; and
(d) Transportation of students with disabilities to and from
schools and agencies for special education services.
Academic extended day transportation for the instructional program
of basic education under RCW 28A.150.220 shall ((not)) be considered
part of transportation of students "to and from school" for the
purposes of ((chapter 61, Laws of 1983 1st ex. sess)) this section.
Transportation for field trips may not be considered part of
transportation of students "to and from school" under this section.
(4) "Transportation services" for students living within ((one
radius mile from)) the school walk area means school transportation
services including the use of buses, funding of crossing guards, and
matching funds for local and state transportation projects intended to
mitigate hazardous walking conditions. Priority for transportation
services shall be given to students in grades kindergarten through
five.
(5) The "walk area" means that area around a school with an
adequate roadway configuration to provide students access to school
with a walking distance of less than one mile. Mileage must be
measured along the shortest roadway or maintained public walkway where
hazardous conditions do not exist. The hazardous conditions must be
documented by a process established in rule by the superintendent of
public instruction and must include roadway, environmental, and social
conditions. Each elementary school shall identify walk routes within
the walk area.
Sec. 405 RCW 28A.160.170 and 2007 c 139 s 1 are each amended to
read as follows:
(1)(a) The number of eligible students transported to and from
school as provided for in RCW 28A.160.150 ((for the current school year
and the number of miles estimated to be driven for pupil transportation
services)), along with ((a map describing student route))
identification of stop locations and school locations, and (b) the
number of miles driven for pupil transportation services as authorized
in RCW 28A.160.150 the previous school year; and
(2) Other operational data and descriptions as required by the
superintendent to determine allocation requirements for each district.
The superintendent shall require that districts separate the costs of
operating the program for the transportation of eligible students to
and from school as defined by RCW 28A.160.160(3) from non-to-and-from-school pupil transportation costs in the annual financial statement.
The cost, quantity, and type of all fuel purchased by school districts
for use in to-and-from-school transportation shall be included in the
annual financial statement.
Each district shall submit the information required in this section
on a timely basis as a condition of the continuing receipt of school
transportation moneys.
Sec. 406 RCW 28A.160.180 and 1996 c 279 s 3 are each amended to
read as follows:based on differential rates))
determined by the superintendent of public instruction in the following
manner:
(1) The superintendent shall annually calculate ((a standard
student mile allocation rate for determining)) the transportation
allocation for those services provided for in RCW 28A.160.150.
(("Standard student mile allocation rate," as used in this chapter,
means the per mile allocation rate for transporting an eligible
student.)) The ((standard student mile)) allocation ((rate)) formula
may be adjusted to include such additional differential factors as
((distance; restricted)) basic and special passenger ((load;
circumstances that require use of special types of transportation
vehicles; student with disabilities load; and small fleet maintenance))
counts as defined by the superintendent of public instruction, average
distance to school, and number of locations served.
(2) ((For transportation services for students living within one
radius mile from school,)) The allocation shall be based on a
regression analysis of the number of basic and special students ((in
grades kindergarten through five living within one radius mile as
specified in the biennial appropriations act)) transported and as many
other site characteristics that are identified as being statistically
significant.
(3) ((The superintendent of public instruction shall annually
calculate allocation rate(s), which shall include vehicle amortization,
for determining)) The transportation allocation for transporting
students in district-owned passenger cars, as defined in RCW 46.04.382,
pursuant to RCW 28A.160.010 for services provided for in RCW
28A.160.150 if a school district deems it advisable to use such
vehicles after the school district board of directors has considered
the safety of the students being transported as well as the economy of
utilizing a district-owned passenger car in lieu of a school bus is the
private vehicle reimbursement rate in effect on September 1st of each
school year. Students transported in district-owned passenger cars
must be included in the corresponding basic or special passenger
counts.
(4) Prior to June 1st of each year the superintendent shall submit
to the office of financial management, and the education and fiscal
committees ((on education and ways and means of the senate and house of
representatives)) of the legislature, a report outlining the
methodology and rationale used in determining the statistical
coefficients for each site characteristic used to determine the
allocation ((rates to be used)) for the following year.
Sec. 407 RCW 28A.160.190 and 1990 c 33 s 145 are each amended to
read as follows:If the
number of eligible students in a school district changes ten percent or
more from the October report, and the change is maintained for a period
of twenty consecutive school days or more, the district may submit
revised eligible student data to the superintendent of public
instruction.)) The superintendent shall((, to the extent funds are
available,)) recalculate and prorate the district's allocation for the
transportation of pupils to and from school.
The superintendent shall make the student transportation allocation
in accordance with the apportionment payment schedule in RCW
28A.510.250. Such allocation payments may be based on ((estimated
amounts)) the prior school year's ridership report for payments to be
made in September, October, November, December, and January.
NEW SECTION. Sec. 408 A new section is added to chapter 28A.160
RCW to read as follows:
NEW SECTION. Sec. 409 A new section is added to chapter 28A.160
RCW to read as follows:
(1) Efficient routing of buses;
(2) Efficient use of vehicle capacity; and
(3) Reasonable controls on compensation costs.
The superintendent shall submit to the fiscal and education
committees of the legislature no later than December 1st of each year
a report summarizing the efficiency reviews and the resulting changes
implemented by school districts in response to the recommendations of
the regional transportation coordinators.
NEW SECTION. Sec. 410 A new section is added to chapter 28A.160
RCW to read as follows:
(a) The formula must be developed and revised on an ongoing basis
using the major cost factors in student transportation, including basic
and special student loads, school district land area, average distance
to school, roadway miles, and number of locations served. Factors will
include all those site characteristics that are statistically
significant after analysis of the data required by the revised
reporting process.
(b) The formula must allocate funds to school districts based on
the average predicted costs of transporting students to and from
school, using a regression analysis.
(2) During the phase-in period, funding provided to school
districts for student transportation operations shall be distributed on
the following basis:
(a) Annually, each school district shall receive the lesser of the
previous school year's pupil transportation operations allocation, or
the total of allowable pupil transportation expenditures identified on
the previous school year's final expenditure report to the state plus
district indirect expenses using the state recovery rate identified by
the superintendent; and
(b) Annually, any funds appropriated by the legislature in excess
of the maintenance level funding amount for student transportation
shall be distributed among school districts on a prorated basis using
the difference between the amount identified in (a) of this subsection
and the amount determined under the formula in RCW 28A.160.180.
(3) The superintendent shall develop, implement, and provide a copy
of the rules specifying the student transportation reporting
requirements to the legislature and school districts no later than
December 1, 2009.
(4) Beginning in December 2009, and continuing until December 2014,
the superintendent shall provide quarterly updates and progress reports
to the fiscal committees of the legislature on the implementation and
testing of the distribution formula.
Sec. 501 RCW 28A.150.410 and 2007 c 403 s 1 are each amended to
read as follows:
(2) Salary allocations for state-funded ((basic education))
certificated instructional staff shall be calculated by the
superintendent of public instruction by determining the district's
average salary for all certificated instructional staff, using the
statewide salary allocation schedule and related documents, conditions,
and limitations established by the omnibus appropriations act.
(3) Beginning January 1, 1992, no more than ninety college quarter-hour credits received by any employee after the baccalaureate degree
may be used to determine compensation allocations under the state
salary allocation schedule and LEAP documents referenced in the omnibus
appropriations act, or any replacement schedules and documents, unless:
(a) The employee has a masters degree; or
(b) The credits were used in generating state salary allocations
before January 1, 1992.
(4) Beginning in the 2007-08 school year, the calculation of years
of service for occupational therapists, physical therapists, speech-language pathologists, audiologists, nurses, social workers,
counselors, and psychologists regulated under Title 18 RCW may include
experience in schools and other nonschool positions as occupational
therapists, physical therapists, speech-language pathologists,
audiologists, nurses, social workers, counselors, or psychologists.
The calculation shall be that one year of service in a nonschool
position counts as one year of service for purposes of this chapter, up
to a limit of two years of nonschool service. Nonschool years of
service included in calculations under this subsection shall not be
applied to service credit totals for purposes of any retirement benefit
under chapter 41.32, 41.35, or 41.40 RCW, or any other state retirement
system benefits.
Sec. 502 RCW 28A.165.005 and 2004 c 20 s 1 are each amended to
read as follows:The learning assistance program requirements
in)) This chapter ((are)) is designed to: (1) Promote the use of
assessment data when developing programs to assist underachieving
students; and (2) guide school districts in providing the most
effective and efficient practices when implementing ((programs))
supplemental instruction and services to assist underachieving
students. ((Further, this chapter provides the means by which a school
district becomes eligible for learning assistance program funds and the
distribution of those funds.))
Sec. 503 RCW 28A.165.015 and 2004 c 20 s 2 are each amended to
read as follows:
(1) "Approved program" means a program submitted to and approved by
the office of the superintendent of public instruction and conducted
pursuant to the plan that addresses the required elements as provided
for in this chapter.
(2) "Basic skills areas" means reading, writing, and mathematics as
well as readiness associated with these skills.
(3) "Participating student" means a student in kindergarten through
grade ((eleven who scores below standard for his or her grade level on
the statewide assessments and who is identified in the approved plan to
receive services. Beginning with the 2007-2008 school year,
"participating student" means a student in kindergarten through grade))
twelve who scores below standard for his or her grade level on the
statewide assessments and who is identified in the approved plan to
receive services.
(4) "Statewide assessments" means one or more of the several basic
skills assessments administered as part of the state's student
assessment system, and assessments in the basic skills areas
administered by local school districts.
(5) "Underachieving students" means students with the greatest
academic deficits in basic skills as identified by the statewide
assessments.
Sec. 504 RCW 28A.165.055 and 2008 c 321 s 10 are each amended to
read as follows:(1))) Each school district with an approved
program is eligible for state funds provided for the learning
assistance program. The funds shall be appropriated for the learning
assistance program in accordance with RCW 28A.150.260 and the
((biennial)) omnibus appropriations act. The distribution formula is
for school district allocation purposes only, but funds appropriated
for the learning assistance program must be expended for the purposes
of RCW 28A.165.005 through 28A.165.065. ((The distribution formula
shall be based on one or more family income factors measuring economic
need.))
(2) In addition to the funds allocated to eligible school districts
on the basis of family income factors, enhanced funds shall be
allocated for school districts where more than twenty percent of
students are eligible for and enrolled in the transitional bilingual
instruction program under chapter 28A.180 RCW as provided in this
subsection. The enhanced funding provided in this subsection shall
take effect beginning in the 2008-09 school year.
(a) If, in the prior school year, a district's percent of October
headcount student enrollment in grades kindergarten through twelve who
are enrolled in the transitional bilingual instruction program, based
on an average of the program headcount taken in October and May,
exceeds twenty percent, twenty percent shall be subtracted from the
district's percent transitional bilingual instruction program
enrollment and the resulting percent shall be multiplied by the
district's kindergarten through twelve annual average full-time
equivalent enrollment for the prior school year.
(b) The number calculated under (a) of this subsection shall be the
number of additional funded students for purposes of this subsection,
to be multiplied by the per-funded student allocation rates specified
in the omnibus appropriations act.
(c) School districts are only eligible for the enhanced funds under
this subsection if their percentage of October headcount enrollment in
grades kindergarten through twelve eligible for free or reduced-price
lunch exceeded forty percent in the prior school year.
Sec. 505 RCW 28A.180.010 and 1990 c 33 s 163 are each amended to
read as follows:, and to provide supplemental financial assistance to
school districts to meet the extra costs of these programs)).
Sec. 506 RCW 28A.180.080 and 1995 c 335 s 601 are each amended to
read as follows:The superintendent of public instruction shall
prepare and submit biennially to the governor and the legislature a
budget request for bilingual instruction programs.)) Moneys
appropriated by the legislature for the purposes of RCW 28A.180.010
through 28A.180.080 shall be allocated by the superintendent of public
instruction to school districts for the sole purpose of operating an
approved bilingual instruction program((; priorities for funding shall
exist for the early elementary grades. No moneys shall be allocated
pursuant to this section to fund more than three school years of
bilingual instruction for each eligible pupil within a district:
PROVIDED, That such moneys may be allocated to fund more than three
school years of bilingual instruction for any pupil who fails to
demonstrate improvement in English language skills adequate to remove
impairment of learning when taught only in English. The superintendent
of public instruction shall set standards and approve a test for the
measurement of such English language skills)).
Sec. 507 RCW 28A.185.010 and 1984 c 278 s 12 are each amended to
read as follows:
Pursuant to rules ((and regulations)) adopted by the superintendent
of public instruction for the administration of this chapter, the
superintendent of public instruction shall carry out a program for
highly capable students. Such program may include conducting,
coordinating and aiding in research (including pilot programs),
disseminating information to local school districts, providing
statewide staff development, and allocating to school districts
supplementary funds for additional costs of district programs, as
provided by RCW ((28A.185.020)) 28A.150.260.
Sec. 508 RCW 28A.185.020 and 1990 c 33 s 168 are each amended to
read as follows:
(1) The legislature finds that, for highly capable students, access
to accelerated learning and enhanced instruction is access to a basic
education. There are multiple definitions of highly capable, from
intellectual to academic to artistic. The research literature strongly
supports using multiple criteria to identify highly capable students,
and therefore, the legislature does not intend to prescribe a single
method. Instead, the legislature intends to allocate funding based on
two percent of each school district's population and authorize school
districts to identify through the use of multiple, objective criteria
those students most highly capable and eligible to receive accelerated
learning and enhanced instruction in the program offered by the
district. Access to accelerated learning and enhanced instruction
through the program for highly capable students does not constitute an
individual entitlement for any particular student.
(2) 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 under RCW 28A.150.260 shall be categorical
funding ((on an excess cost basis based upon a per student amount not
to exceed three percent of any district's full-time equivalent
enrollment)) to provide services to highly capable students as
determined by a school district under RCW 28A.185.030.
Sec. 509 RCW 28A.225.200 and 1990 c 33 s 234 are each amended to
read as follows::
PROVIDED, That)). Notwithstanding any other provision of law, the
amount to be paid by the state to the resident school district for
apportionment purposes and otherwise payable pursuant to RCW
((28A.150.100,)) 28A.150.250 through 28A.150.290, 28A.150.350 through
28A.150.410, 28A.160.150 through 28A.160.200, ((28A.160.220))
28A.300.035, and 28A.300.170((, and 28A.500.010)) shall not be greater
than the regular apportionment for each high school student of the
receiving district. Such authorization may be extended for an
additional year at the discretion of the educational service district
superintendent.
(2) Subsection (1) of this section shall not apply to districts
participating in a cooperative project established under RCW
28A.340.030 which exceeds two years in duration.
NEW SECTION. Sec. 510 The following acts or parts of acts are
each repealed:
(1) RCW 28A.150.030 (School day) and 1971 ex.s. c 161 s 1 & 1969
ex.s. c 223 s 28A.01.010;
(2) RCW 28A.150.060 (Certificated employee) and 2005 c 497 s 212,
1990 c 33 s 102, 1977 ex.s. c 359 s 17, 1975 1st ex.s. c 288 s 21, &
1973 1st ex.s. c 105 s 1;
(3) RCW 28A.150.100 (Basic education certificated instructional
staff -- Definition -- Ratio to students) and 1990 c 33 s 103 & 1987 1st
ex.s. c 2 s 203;
(4) RCW 28A.150.040 (School year -- Beginning -- End) and 1990 c 33 s
101, 1982 c 158 s 5, 1977 ex.s. c 286 s 1, 1975-'76 2nd ex.s. c 118 s
22, & 1969 ex.s. c 223 s 28A.01.020;
(5) RCW 28A.150.370 (Additional programs for which legislative
appropriations must or may be made) and 1995 c 335 s 102, 1995 c 77 s
5, 1990 c 33 s 114, 1982 1st ex.s. c 24 s 1, & 1977 ex.s. c 359 s 7;
(6) RCW 28A.155.180 (Safety net funds--Application--Technical
assistance--Annual survey) and 2007 c 400 s 8; and
(7) RCW 28A.150.205 (Definition) and 1992 c 141 s 502.
NEW SECTION. Sec. 601 Part headings and captions used in this
act are not any part of the law.
NEW SECTION. Sec. 602 Sections 3, 102, and 108 of this act are
each added to chapter
NEW SECTION. Sec. 603 Sections 101 through 110, 402 through 408,
and 501 through 510 of this act take effect September 1, 2011.
NEW SECTION. Sec. 604 Section 409 of this act takes effect
September 1, 2013.
NEW SECTION. Sec. 605 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.