BILL REQ. #:  S-1751.1 

READ FIRST TIME 02/19/09.   

     AN ACT Relating to flexibility in the education system; amending RCW 28A.300.150, 28A.300.160, 28A.300.270, 28A.300.450, 28A.300.490, 28A.300.520, 28A.320.080, 28A.625.020, 28A.625.042, 28A.625.050, 28A.625.360, 28A.625.370, 28A.625.380, 28A.625.390, 28A.640.020, 28A.150.520, 28A.160.210, 28A.210.310, 28A.210.370, 28A.210.380, and 39.35D.040; repealing RCW 28A.300.090, 28A.210.360, 28A.210.365, and 28A.170.050; providing an expiration date; and declaring an emergency.

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

Sec. 1   RCW 28A.300.150 and 2006 c 263 s 705 are each amended to read as follows:
     The superintendent of public instruction shall collect and disseminate to school districts information on child abuse and neglect prevention curriculum and shall adopt rules dealing with the prevention of child abuse for purposes of curriculum use in the common schools. The superintendent of public instruction and the departments of social and health services and community, trade, and economic development shall share relevant information. Providing online access to the information satisfies the requirements of this section unless a parent or guardian specifically requests information to be provided in written form.

Sec. 2   RCW 28A.300.160 and 1995 c 399 s 21 are each amended to read as follows:
     (1) The office of the superintendent of public instruction shall be the lead agency and shall assist the department of social and health services, the department of community, trade, and economic development, and school districts in establishing a coordinated primary prevention program for child abuse and neglect.
     (2) In developing the program, consideration shall be given to the following:
     (a) Parent, teacher, and children's workshops whose information and training is:
     (i) Provided in a clear, age-appropriate, nonthreatening manner, delineating the problem and the range of possible solutions;
     (ii) Culturally and linguistically appropriate to the population served;
     (iii) Appropriate to the geographic area served; and
     (iv) Designed to help counteract common stereotypes about child abuse victims and offenders;
     (b) Training for school age children's parents and school staff, which includes:
     (i) Physical and behavioral indicators of abuse;
     (ii) Crisis counseling techniques;
     (iii) Community resources;
     (iv) Rights and responsibilities regarding reporting;
     (v) School district procedures to facilitate reporting and apprise supervisors and administrators of reports; and
     (vi) Caring for a child's needs after a report is made;
     (c) Training for licensed day care providers and parents that includes:
     (i) Positive child guidance techniques;
     (ii) Physical and behavioral indicators of abuse;
     (iii) Recognizing and providing safe, quality day care;
     (iv) Community resources;
     (v) Rights and responsibilities regarding reporting; and
     (vi) Caring for the abused or neglected child;
     (d) Training for children that includes:
     (i) The right of every child to live free of abuse;
     (ii) How to disclose incidents of abuse and neglect;
     (iii) The availability of support resources and how to obtain help;
     (iv) Child safety training and age-appropriate self-defense techniques; and
     (v) A period for crisis counseling and reporting immediately following the completion of each children's workshop in a school setting which maximizes the child's privacy and sense of safety.
     (3) The office of the superintendent of public instruction shall not require annual training under subsection (2) of this section. The office of the superintendent of public instruction may consider offering training every four years, except for new employees who shall receive training within the first year of their hire date. School districts are encouraged to work with private or nonprofit entities that have the ability to provide the appropriate training for staff in accordance with this section.
     (4) The primary prevention program established under this section shall be a voluntary program and shall not be part of the basic program of education.
     (((4))) (5) Parents shall be given notice of the primary prevention program and may refuse to have their children participate in the program.

Sec. 3   RCW 28A.300.270 and 1994 sp.s. c 7 s 602 are each amended to read as follows:
     (1) The superintendent of public instruction shall, to the extent funding is available, contract with school districts, educational service districts, and approved in-service providers to conduct training sessions for school certificated and classified employees in conflict resolution and other violence prevention topics. The training shall be developmentally and culturally appropriate for the school populations being served and be research based. The training shall not be based solely on providing materials, but also shall include techniques on imparting these skills to students. The training sessions shall be developed in coordination with school districts, the superintendent of public instruction, parents, law enforcement agencies, human services providers, and other interested parties. The training shall be offered to school districts and school staff requesting the training, and shall be made available at locations throughout the state.
     (2) The office of the superintendent of public instruction shall not require annual training sessions. The training may be offered every four years.

Sec. 4   RCW 28A.300.450 and 2004 c 247 s 2 are each amended to read as follows:
     (1) A financial literacy public-private partnership is established, composed of up to four members representing the legislature, one from and appointed by the office of the superintendent of public instruction, one from and appointed by the department of financial institutions, up to four from the financial services sector, and four educators. One or two members of the senate, one of whom is a member of the senate committee on financial services, insurance and housing, shall be appointed by the president of the senate. One or two members of the house of representatives, one of whom is a member of the house committee on financial institutions and insurance, shall be appointed by the speaker of the house of representatives. The superintendent of public instruction shall appoint the members from the financial services sector and educator members. The chair of the partnership shall be selected by the members of the partnership.
     (2) To the extent funds are appropriated or are available for this purpose, technical and logistical support may be provided by the office of the superintendent of public instruction, the organizations composing the partnership, and other participants in the financial literacy public-private partnership. The superintendent of public instruction shall compile the initial list of members and convene the first meeting of the partnership.
     (3) The members of the committee shall be appointed by July 1, 2004.
     (4) Legislative members of the partnership shall receive per diem and travel under RCW 44.04.120.
     (5) Travel and other expenses of members of the partnership shall be provided by the agency, association, or organization that member represents.
     (6) This section is suspended until July 1, 2011.

Sec. 5   RCW 28A.300.490 and 2007 c 406 s 2 are each amended to read as follows:
     (1) A task force on gangs in schools is created to examine current adult and youth gang activities that are affecting school safety. The task force shall work under the guidance of the superintendent of public instruction school safety center, the school safety center advisory committee, and the Washington association of sheriffs and police chiefs.
     (2) The task force shall be comprised of representatives, selected by the superintendent of public instruction, who possess expertise relevant to gang activity in schools. The task force shall outline methods for preventing new gangs, eliminating existing gangs, gathering intelligence, and sharing information about gang activities.
     (3) Beginning December 1, 2007, the task force shall annually report its findings and recommendations to the education committees of the legislature.
     (4) This section is suspended until July 1, 2011.

Sec. 6   RCW 28A.300.520 and 2007 c 384 s 5 are each amended to read as follows:
     (1) The superintendent of public instruction shall review current policies and assess the adequacy and availability of programs targeted at children who have a parent who is incarcerated in a department of corrections facility. The superintendent of public instruction shall adopt policies that support the children of incarcerated parents and meet their needs with the goal of facilitating normal child development, including maintaining adequate academic progress, while reducing intergenerational incarceration.
     (2) The superintendent shall conduct the following activities to assist in implementing the requirements of subsection (1) of this section:
     (a) Gather information and data on the students who are the children of inmates incarcerated in department of corrections facilities; and
     (b) Participate in the children of incarcerated parents advisory committee and report information obtained under this section to the advisory committee.
     (3) This section is suspended until July 1, 2011.

Sec. 7   RCW 28A.320.080 and 1995 c 77 s 21 are each amended to read as follows:
     Every board of directors, unless otherwise specifically provided by law, shall:
     (1) Provide for the expenditure of a reasonable amount for suitable commencement exercises;
     (2) ((In addition to providing)) To the extent funds are available, provide free instruction in lip reading for children disabled by defective hearing((,)) and make arrangements for free instruction in lip reading to adults disabled by defective hearing whenever in its judgment such instruction appears to be in the best interests of the school district and adults concerned;
     (3) Join with boards of directors of other school districts or an educational service district pursuant to RCW 28A.310.180(3), or both such school districts and educational service district in buying supplies, equipment and services by establishing and maintaining a joint purchasing agency, or otherwise, when deemed for the best interests of the district, any joint agency formed hereunder being herewith authorized and empowered to issue interest bearing warrants in payment of any obligation owed: PROVIDED, HOWEVER, That those agencies issuing interest bearing warrants shall assign accounts receivable in an amount equal to the amount of the outstanding interest bearing warrants to the county treasurer issuing such interest bearing warrants: PROVIDED FURTHER, That the joint purchasing agency shall consider the request of any one or more private schools requesting the agency to jointly buy supplies, equipment, and services including but not limited to school bus maintenance services, and, after considering such request, may cooperate with and jointly make purchases with private schools of supplies, equipment, and services, including but not limited to school bus maintenance services, so long as such private schools pay in advance their proportionate share of the costs or provide a surety bond to cover their proportionate share of the costs involved in such purchases;
     (4) Consider the request of any one or more private schools requesting the board to jointly buy supplies, equipment and services including but not limited to school bus maintenance services, and, after considering such request, may provide such joint purchasing services: PROVIDED, That such private schools pay in advance their proportionate share of the costs or provide a surety bond to cover their proportionate share of the costs involved in such purchases; and
     (5) Prepare budgets as provided for in chapter 28A.505 RCW.

Sec. 8   RCW 28A.625.020 and 1991 c 255 s 1 are each amended to read as follows:
     (1) The superintendent of public instruction shall establish an annual award program for excellence in education to recognize teachers, principals, administrators, classified staff, school district superintendents, and school boards for their leadership, contributions, and commitment to education. The program shall recognize annually:
     (((1))) (a) Five teachers from each congressional district of the state. One individual must be an elementary level teacher, one must be a junior high or middle school level teacher, and one must be a secondary level teacher. Teachers shall include educational staff associates;
     (((2))) (b) Five principals or administrators from the state;
     (((3))) (c) One school district superintendent from the state;
     (((4))) (d) One school district board of directors from the state; and
     (((5))) (e) Three classified staff from each congressional district of the state.
     (2) This section is suspended until July 1, 2011.

Sec. 9   RCW 28A.625.042 and 1994 c 279 s 4 are each amended to read as follows:
     (1) All recipients of the Washington award for excellence in education shall receive a certificate presented by the governor and the superintendent of public instruction, or their designated representatives, at a public ceremony or ceremonies in appropriate locations.
     (2) In addition to the certificate under subsection (1) of this section, the award for teachers, classified employees, superintendents employed by second-class school districts, and principals or administrators shall include a recognition award of at least two thousand five hundred dollars. The amount of the recognition award for superintendents employed by first-class school districts shall be at least one thousand dollars. The recognition award shall not be considered compensation for the purposes of RCW 28A.400.200.
     (3) In addition to the certificate under subsection (1) of this section, the award for the school board shall include a recognition award not to exceed two thousand five hundred dollars. The school board must use its recognition award for an educational purpose.
     (4) This section is suspended until July 1, 2011.

Sec. 10   RCW 28A.625.050 and 1995 c 335 s 108 are each amended to read as follows:
     (1) The superintendent of public instruction shall adopt rules under chapter 34.05 RCW to carry out the purposes of RCW 28A.625.010 through 28A.625.065. These rules shall include establishing the selection criteria for the Washington award for excellence in education program. The superintendent is encouraged to consult with teachers, educational staff associates, principals, administrators, classified employees, superintendents, and school board members in developing the selection criteria. Notwithstanding the provisions of RCW 28A.625.020(1) (a) and (((2))) (b), such rules may allow for the selection of individuals whose teaching or administrative duties, or both, may encompass multiple grade level or building assignments, or both.
     (2) This section is suspended until July 1, 2011.

Sec. 11   RCW 28A.625.360 and 2006 c 263 s 804 are each amended to read as follows:
     (1) The professional educator standards board shall establish an annual award program for excellence in teacher preparation to recognize higher education teacher educators for their leadership, contributions, and commitment to education.
     (2) The program shall recognize annually one teacher preparation faculty member from one of the teacher preparation programs approved by the professional educator standards board.
     (3) This section is suspended until July 1, 2011.

Sec. 12   RCW 28A.625.370 and 2006 c 263 s 820 are each amended to read as follows:
     (1) The award for the teacher educator shall include:
     (((1))) (a) A certificate presented to the teacher educator by the governor, the chair of the professional educator standards board, and the superintendent of public instruction at a public ceremony; and
     (((2))) (b) A grant to the professional education advisory board of the institution from which the teacher educator is selected, which grant shall not exceed two thousand five hundred dollars and which grant shall be awarded under RCW 28A.625.390.
     (2) This section is suspended until July 1, 2011.

Sec. 13   RCW 28A.625.380 and 2006 c 263 s 821 are each amended to read as follows:
     (1) The professional educator standards board shall adopt rules under chapter 34.05 RCW to carry out the purposes of RCW 28A.625.360 through 28A.625.390. These rules shall include establishing the selection criteria for the Washington award for excellence in teacher preparation. The board is encouraged to consult with teacher educators, deans, and professional education advisory board members in developing the selection criteria. The criteria shall include any role performed by nominees relative to implementing innovative developments by the nominee's teacher preparation program and efforts the nominee has made to assist in communicating with legislators, common school teachers and administrators, and others about the nominee's teacher preparation program.
     (2) This section is suspended until July 1, 2011.

Sec. 14   RCW 28A.625.390 and 2006 c 263 s 822 are each amended to read as follows:
     (1) The professional education advisory board for the institution from which the teacher educator has been selected to receive an award shall be eligible to apply for an educational grant as provided under RCW 28A.625.370. The professional educator standards board shall award the grant after the board has approved the grant application as long as the written grant application is submitted to the board within one year after the award is received by the teacher educator. The grant application shall identify the educational purpose toward which the grant shall be used.
     (2) This section is suspended until July 1, 2011.

Sec. 15   RCW 28A.640.020 and 1994 c 213 s 1 are each amended to read as follows:
     (1) The superintendent of public instruction shall develop ((regulations)) rules and guidelines to eliminate sex discrimination as it applies to public school employment, counseling and guidance services to students, recreational and athletic activities for students, access to course offerings, and in textbooks and instructional materials used by students.
     (a) Specifically with respect to public school employment, all schools shall be required to:
     (i) Maintain credential requirements for all personnel without regard to sex;
     (ii) Make no differentiation in pay scale on the basis of sex;
     (iii) Assign school duties without regard to sex except where such assignment would involve duty in areas or situations, such as but not limited to a shower room, where persons might be disrobed;
     (iv) Provide the same opportunities for advancement to males and females; and
     (v) Make no difference in conditions of employment including, but not limited to, hiring practices, leaves of absence, hours of employment, and assignment of, or pay for, instructional and noninstructional duties, on the basis of sex.
     (b) Specifically with respect to counseling and guidance services for students, they shall be made available to all students equally. All certificated personnel shall be required to stress access to all career and vocational opportunities to students without regard to sex.
     (c) Specifically with respect to recreational and athletic activities, they shall be offered to all students without regard to sex. Schools may provide separate teams for each sex. Schools which provide the following shall do so with no disparities based on sex: Equipment and supplies; medical care; services and insurance; transportation and per diem allowances; opportunities to receive coaching and instruction; laundry services; assignment of game officials; opportunities for competition, publicity and awards; scheduling of games and practice times including use of courts, gyms, and pools: PROVIDED, That such scheduling of games and practice times shall be determined by local administrative authorities after consideration of the public and student interest in attending and participating in various recreational and athletic activities. Each school which provides showers, toilets, or training room facilities for athletic purposes shall provide comparable facilities for both sexes. Such facilities may be provided either as separate facilities or shall be scheduled and used separately by each sex.
     The superintendent of public instruction shall also be required to develop a student survey to distribute every three years to each local school district in the state to determine student interest for male/female participation in specific sports.
     (d) Specifically with respect to course offerings, all classes shall be required to be available to all students without regard to sex: PROVIDED, That separation is permitted within any class during sessions on sex education or gym classes.
     (e) Specifically with respect to textbooks and instructional materials, which shall also include, but not be limited to, reference books and audio-visual materials, they shall be required to adhere to the guidelines developed by the superintendent of public instruction to implement the intent of this chapter: PROVIDED, That this subsection shall not be construed to prohibit the introduction of material deemed appropriate by the instructor for educational purposes.
     (2)(a) By December 31, 1994, the superintendent of public instruction shall develop criteria for use by school districts in developing sexual harassment policies as required under (b) of this subsection. The criteria shall address the subjects of grievance procedures, remedies to victims of sexual harassment, disciplinary actions against violators of the policy, and other subjects at the discretion of the superintendent of public instruction. Disciplinary actions must conform with collective bargaining agreements and state and federal laws. The superintendent of public instruction also shall supply sample policies to school districts upon request.
     (b) By June 30, 1995, every school district shall adopt and implement a written policy concerning sexual harassment. The policy shall apply to all school district employees, volunteers, parents, and students, including, but not limited to, conduct between students.
     (c) School district policies on sexual harassment shall be reviewed by the superintendent of public instruction considering the criteria established under (a) of this subsection as part of the monitoring process established in RCW 28A.640.030.
     (d) The school district's sexual harassment policy shall be conspicuously posted throughout each school building, and provided online to each employee. A copy of the policy shall appear in any publication of the school or school district setting forth the rules, ((regulations,)) procedures, and standards of conduct for the school or school district.
     (e) Each school shall develop a process for discussing the district's sexual harassment policy. The process shall ensure the discussion addresses the definition of sexual harassment and issues covered in the sexual harassment policy.
     (f) The office of the superintendent of public instruction shall not require annual training to address the policies of this section. Beginning in 2011, training may be offered every four years.
     (g) "Sexual harassment" as used in this section means unwelcome sexual advances, requests for sexual favors, sexually motivated physical contact, or other verbal or physical conduct or communication of a sexual nature if:
     (i) Submission to that conduct or communication is made a term or condition, either explicitly or implicitly, of obtaining an education or employment;
     (ii) Submission to or rejection of that conduct or communication by an individual is used as a factor in decisions affecting that individual's education or employment; or
     (iii) That conduct or communication has the purpose or effect of substantially interfering with an individual's educational or work performance, or of creating an intimidating, hostile, or offensive educational or work environment.

Sec. 16   RCW 28A.150.520 and 2005 c 12 s 9 are each amended to read as follows:
     To the extent funds are available, public school districts must comply with high-performance public ((building[s])) buildings requirements under RCW 39.35D.010, 39.35D.020, 39.35D.040, 39.35D.060, and 28A.150.530.

Sec. 17   RCW 28A.160.210 and 2006 c 263 s 906 are each amended to read as follows:
     In addition to other powers and duties, the superintendent of public instruction shall adopt rules governing the training and qualifications of school bus drivers. Such rules shall be designed to insure that persons will not be employed to operate school buses unless they possess such physical health and driving skills as are necessary to safely operate school buses: PROVIDED, That such rules shall insure that school bus drivers are provided a due process hearing before any certification required by such rules is cancelled: PROVIDED FURTHER, That such rules shall not conflict with the authority of the department of licensing to license school bus drivers in accordance with chapter 46.25 RCW. The superintendent of public instruction shall reduce the annual training burden on local school districts. To the extent possible, training shall be online and no more than once every two years. The superintendent of public instruction may obtain a copy of the driving record, as maintained by the department of licensing, for consideration when evaluating a school bus driver's driving skills.

Sec. 18   RCW 28A.210.310 and 1997 c 9 s 1 are each amended to read as follows:
     (1) To protect children in the public schools of this state from exposure to the addictive substance of nicotine, each school district board of directors shall have a written policy mandating a prohibition on the use of all tobacco products on public school property.
     (2) The policy in subsection (1) of this section shall include, but not be limited to, ((a requirement that students and school personnel be notified of the prohibition, the posting of signs prohibiting the use of tobacco products,)) sanctions for students and school personnel who violate the policy, and a requirement that school district personnel enforce the prohibition. Enforcement policies adopted in the school board policy shall be in addition to the enforcement provisions in RCW 70.160.070.

Sec. 19   RCW 28A.210.370 and 2005 c 462 s 2 are each amended to read as follows:
     (1) The superintendent of public instruction and the secretary of the department of health shall develop a uniform policy for all school districts providing for the in-service training for school staff on symptoms, treatment, and monitoring of students with asthma and on the additional observations that may be needed in different situations that may arise during the school day and during school-sponsored events. To the extent possible, the in-service training shall be offered online and no more than once every three years. The policy shall include the standards and skills that must be in place for in-service training of school staff.
     (2) All school districts shall adopt policies regarding asthma rescue procedures for each school within the district.
     (3) All school districts must require that each public elementary school and secondary school grant to any student in the school authorization for the self-administration of medication to treat that student's asthma or anaphylaxis, if:
     (a) A health care practitioner prescribed the medication for use by the student during school hours and instructed the student in the correct and responsible use of the medication;
     (b) The student has demonstrated to the health care practitioner, or the practitioner's designee, and a professional registered nurse at the school, the skill level necessary to use the medication and any device that is necessary to administer the medication as prescribed;
     (c) The health care practitioner formulates a written treatment plan for managing asthma or anaphylaxis episodes of the student and for medication use by the student during school hours; and
     (d) The student's parent or guardian has completed and submitted to the school any written documentation required by the school, including the treatment plan formulated under (c) of this subsection and other documents related to liability.
     (4) An authorization granted under subsection (3) of this section must allow the student involved to possess and use his or her medication:
     (a) While in school;
     (b) While at a school-sponsored activity, such as a sporting event; and
     (c) In transit to or from school or school-sponsored activities.
     (5) An authorization granted under subsection (3) of this section:
     (a) Must be effective only for the same school and school year for which it is granted; and
     (b) Must be renewed by the parent or guardian each subsequent school year in accordance with this subsection.
     (6) School districts must require that backup medication, if provided by a student's parent or guardian, be kept at a student's school in a location to which the student has immediate access in the event of an asthma or anaphylaxis emergency.
     (7) School districts must require that information described in subsection (3)(c) and (d) of this section be kept on file at the student's school in a location easily accessible in the event of an asthma or anaphylaxis emergency.
     (8) Nothing in this section creates a cause of action or in any other way increases or diminishes the liability of any person under any other law.

Sec. 20   RCW 28A.210.380 and 2008 c 173 s 1 are each amended to read as follows:
     (1) The office of the superintendent of public instruction, in consultation with the department of health, shall develop anaphylactic policy guidelines for schools to prevent anaphylaxis and deal with medical emergencies resulting from it. The policy guidelines shall be developed with input from pediatricians, school nurses, other health care providers, parents of children with life-threatening allergies, school administrators, teachers, and food service directors.
The policy guidelines shall include, but need not be limited to:
     (a) A procedure for each school to follow to develop a treatment plan including the responsibilities ((for [of])) of school nurses and other appropriate school personnel responsible for responding to a student who may be experiencing anaphylaxis;
     (b) The content of a training course for appropriate school personnel for preventing and responding to a student who may be experiencing anaphylaxis. To the extent possible, the training course shall be offered online and no more than once every three years;
     (c) A procedure for the development of an individualized emergency health care plan for children with food or other allergies that could result in anaphylaxis;
     (d) A communication plan for the school to follow to gather and disseminate information on students with food or other allergies who may experience anaphylaxis;
     (e) Strategies for reduction of the risk of exposure to anaphylactic causative agents including food and other allergens.
     (2) For the purpose of this section "anaphylaxis" means a severe allergic and life-threatening reaction that is a collection of symptoms, which may include breathing difficulties and a drop in blood pressure or shock.
     (3)(a) By October 15, 2008, the superintendent of public instruction shall report to the select interim legislative task force on comprehensive school health reform created in section 6, chapter 5, Laws of 2007, on the following:
     (i) The implementation within school districts of the 2008 guidelines for care of students with life-threatening food allergies developed by the superintendent pursuant to section 501, chapter 522, Laws of 2007, including a review of policies developed by the school districts, the training provided to school personnel, and plans for follow-up monitoring of policy implementation; and
     (ii) Recommendations on requirements for effectively implementing the school anaphylactic policy guidelines developed under this section.
     (b) By March 31, 2009, the superintendent of public instruction shall report policy guidelines to the appropriate committees of the legislature and to school districts for the districts to use to develop and adopt their policies.
     (4) By September 1, 2009, each school district shall use the guidelines developed under subsection (1) of this section to develop and adopt a school district policy for each school in the district to follow to assist schools to prevent anaphylaxis.

Sec. 21   RCW 39.35D.040 and 2006 c 263 s 331 are each amended to read as follows:
     (1) All major facility projects of public school districts receiving any funding in a state capital budget must be designed and constructed to at least the LEED silver standard or the Washington sustainable school design protocol. To the extent appropriate LEED silver or Washington sustainable school design protocol standards exist for the type of building or facility, this subsection applies to major facility projects that have not received project approval from the superintendent of public instruction prior to: (a) July 1, 2006, for volunteering school districts; (b) July 1, 2007, for class one school districts; and (c) July 1, 2008, for class two school districts.
     (2) Public school districts under this section shall: (a) Monitor and document appropriate operating benefits and savings resulting from major facility projects designed and constructed as required under this section for a minimum of five years following local board acceptance of a project receiving state funding; and (b) report annually to the superintendent of public instruction. The form and content of each report must be mutually developed by the office of the superintendent of public instruction in consultation with school districts.
     (3) The superintendent of public instruction shall consolidate the reports required in subsection (2) of this section into one report and report to the governor and legislature by September 1st of each even-numbered year beginning in 2006 and ending in 2016. In its report, the superintendent of public instruction shall also report on the implementation of this chapter, including reasons why the LEED standard or Washington sustainable school design protocol was not used as required by RCW 39.35D.020(5)(b). The superintendent of public instruction shall make recommendations regarding the ongoing implementation of this chapter, including a discussion of incentives and disincentives related to implementing this chapter.
     (4) The superintendent of public instruction shall develop and issue guidelines for administering this chapter for public school districts. The purpose of the guidelines is to define a procedure and method for employing and verifying compliance with the LEED silver standard or the Washington sustainable school design protocol.
     (5) The superintendent of public instruction shall utilize the school facilities advisory board as a high-performance buildings advisory committee comprised of affected public schools, the superintendent of public instruction, the department, and others at the superintendent of public instruction's discretion to provide advice on implementing this chapter. Among other duties, the advisory committee shall make recommendations regarding an education and training process and an ongoing evaluation or feedback process to help the superintendent of public instruction implement this chapter.
     (6) School districts are required to comply with this section only to the extent federal or state funds are available.

NEW SECTION.  Sec. 22   The following acts or parts of acts, as now existing or hereafter amended, are each repealed:
     (1) RCW 28A.300.090 (Vocational agriculture education -- Service area established -- Duties) and 1983 1st ex.s. c 34 s 2;
     (2) RCW 28A.210.360 (Model policy on access to nutritious foods and developmentally appropriate exercise -- School district policies) and 2004 c 138 s 2; and
     (3) RCW 28A.210.365 (Food choice, physical activity, childhood fitness -- Minimum standards -- District waiver or exemption policy) and 2007 c 5 s 5; and
     (4) RCW 28A.170.050 (Advisory committee -- Members -- Duties) and 1997 c 13 s 3 & 1987 c 518 s 209.

NEW SECTION.  Sec. 23   Sections 4 through 6, 8 through 14, 16, and 21 of this act expire July 1, 2011.

NEW SECTION.  Sec. 24   This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately.