BILL REQ. #:  S-1348.1 

Read first time 02/05/09.   Referred to Committee on Early Learning & K-12 Education.

     AN ACT Relating to flexibility in the education system; amending RCW 28A.300.130, 28A.300.137, 28A.300.160, 28A.300.270, 28A.300.290, 28A.300.300, 28A.300.450, 28A.300.490, 28A.300.520, 28A.320.080, 28A.345.020, 28A.345.050, 28A.415.010, 28A.415.100, 28A.415.125, 28A.415.130, 28A.415.135, 28A.415.140, 28A.415.145, 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.170.050, 28A.210.310, 28A.210.330, 28A.210.350, 28A.210.370, 28A.210.380, and 39.35D.040; repealing RCW 28A.300.090, 28A.300.801, 28A.210.255, 28A.210.360, and 28A.210.365; and providing an expiration date.

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

Sec. 1   RCW 28A.300.130 and 2008 c 165 s 1 are each amended to read as follows:
     (1) To facilitate access to information and materials on educational improvement and research, the superintendent of public instruction, to the extent funds are appropriated, shall establish the center for the improvement of student learning. The center shall work in conjunction with parents, educational service districts, institutions of higher education, and education, parent, community, and business organizations.
     (2) The center, in conjunction with other staff in the office of the superintendent of public instruction, shall:
     (a) Serve as a clearinghouse for information regarding successful educational improvement and parental involvement programs in schools and districts, and information about efforts within institutions of higher education in the state to support educational improvement initiatives in Washington schools and districts;
     (b) Provide best practices research that can be used to help schools develop and implement: Programs and practices to improve instruction; systems to analyze student assessment data, with an emphasis on systems that will combine the use of state and local data to monitor the academic progress of each and every student in the school district; comprehensive, school-wide improvement plans; school-based shared decision-making models; programs to promote lifelong learning and community involvement in education; school-to-work transition programs; programs to meet the needs of highly capable students; programs and practices to meet the needs of students with disabilities; programs and practices to meet the diverse needs of students based on gender, racial, ethnic, economic, and special needs status; research, information, and technology systems; and other programs and practices that will assist educators in helping students learn the essential academic learning requirements;
     (c) Develop and maintain an internet web site to increase the availability of information, research, and other materials;
     (d) Work with appropriate organizations to inform teachers, district and school administrators, and school directors about the waivers available and the broadened school board powers under RCW 28A.320.015;
     (e) Provide training and consultation services, including conducting regional summer institutes;
     (f) Identify strategies for improving the success rates of ethnic and racial student groups and students with disabilities, with disproportionate academic achievement;
     (g) Work with parents, teachers, and school districts in establishing a model absentee notification procedure that will properly notify parents when their student has not attended a class or has missed a school day. The office of the superintendent of public instruction shall consider various types of communication with parents including, but not limited to, electronic mail, phone, and postal mail; and
     (h) Perform other functions consistent with the purpose of the center as prescribed in subsection (1) of this section.
     (3) The superintendent of public instruction shall select and employ a director for the center.
     (4) The superintendent may enter into contracts with individuals or organizations including but not limited to: School districts; educational service districts; educational organizations; teachers; higher education faculty; institutions of higher education; state agencies; business or community-based organizations; and other individuals and organizations to accomplish the duties and responsibilities of the center. In carrying out the duties and responsibilities of the center, the superintendent, whenever possible, shall use practitioners to assist agency staff as well as assist educators and others in schools and districts.
     (5) The office of the superintendent of public instruction shall report to the legislature by September 1, 2007, and thereafter biennially, regarding the effectiveness of the center for the improvement of student learning, how the services provided by the center for the improvement of student learning have been used and by whom, and recommendations to improve the accessibility and application of knowledge and information that leads to improved student learning and greater family and community involvement in the public education system.
     (6) This section is suspended until July 1, 2011.

Sec. 2   RCW 28A.300.137 and 2008 c 298 s 3 are each amended to read as follows:
     (1) Beginning in January 2010, the center for the improvement of student learning shall report annually to the superintendent of public instruction, the state board of education, the governor, the P-20 council, and the education committees of the legislature on the implementation status of strategies to address the achievement gap for African-American students and on the progress in improvement of education performance measures for African-American students.
     (2) This section is suspended until July 1, 2011.

Sec. 3   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.
     (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. 4   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. 5   RCW 28A.300.290 and 1996 c 273 s 1 are each amended to read as follows:
     (1) Beginning in 2011, the center for the improvement of student learning, or its designee, shall develop and implement a process for identifying programs that have been proven to be effective based upon valid research in teaching elementary students to read. Additional programs shall be reviewed after the initial identification of effective programs.
     (2) In identifying effective reading programs, beginning in 2011 the center for the improvement of student learning, or its designee, shall consult primary education teachers, statewide reading organizations, institutions of higher education, the commission on student learning, parents, legislators, and other appropriate individuals and organizations.
     (3) In identifying effective reading programs, the following criteria shall be used:
     (a) Whether the program will help the student meet the state-level and classroom-based assessments for reading;
     (b) Whether the program has achieved documented results for students on valid and reliable assessments;
     (c) Whether the results of the program have been replicated at different locations over a period of time;
     (d) Whether the requirements and specifications for implementing the program are clear so that potential users can clearly determine the requirements of the program and how to implement it;
     (e) Whether, when considering the cost of implementing the program, the program is cost-effective relative to other similar types of programs;
     (f) Whether the program addresses differing student populations; and
     (g) Other appropriate criteria and considerations.
     (4) The initial identification of effective reading programs shall be completed and a list of the identified programs prepared by December 31, 1996.

Sec. 6   RCW 28A.300.300 and 1998 c 245 s 11 are each amended to read as follows:
     (1) After effective programs have been identified in accordance with RCW 28A.300.290, beginning in 2011 the center for the improvement of student learning, or its designee, shall provide, upon request, online information and take other appropriate steps to inform elementary school teachers, principals, curriculum directors, superintendents, school board members, college and university reading instruction faculty, and others of its findings.
     (2) Beginning in 2011, the center, in cooperation with statewide organizations interested in improving literacy, also shall develop and implement strategies to improve reading instruction in the state, with a special emphasis on the instruction of reading in the primary grades using the effective reading programs that have been identified in accordance with RCW 28A.300.290. The strategies may include, but should not be limited to, expanding and improving reading instruction of elementary school teachers in teacher preparation programs, expanded in-service training in reading instruction, the training of paraprofessionals and volunteers in reading instruction, improving classroom-based assessment of reading, and increasing statewide and regional technical assistance in reading instruction.

Sec. 7   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. 8   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. 9   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. 10   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. 11   RCW 28A.345.020 and 1969 ex.s. c 223 s 28A.61.020 are each amended to read as follows:
     The membership of the school directors' association ((shall)) may comprise the members of the boards of directors of the school districts of the state.

Sec. 12   RCW 28A.345.050 and 1983 c 187 s 2 are each amended to read as follows:
     The school directors' association may establish a graduated schedule of dues for members of the association based upon the number of certificated personnel in each district. Dues shall be established for the directors of each district as a group. The total of all dues assessed shall not exceed twenty-seven cents for each one thousand dollars of the statewide total of all school districts' general fund receipts. The board of directors of a school district shall make provision for payment out of the general fund of the district of the dues of association members resident in the district, which payment shall be made in the manner provided by law for the payment of other claims against the general fund of the district. The dues for each member school district shall be due and payable on the first day of January of each year.

Sec. 13   RCW 28A.415.010 and 2006 c 263 s 807 are each amended to read as follows:
     (1) It shall be the responsibility of each educational service district board to establish a center for the improvement of teaching. The center shall administer, coordinate, and act as fiscal agent for such programs related to the recruitment and training of certificated and classified K-12 education personnel as may be delegated to the center by the superintendent of public instruction under RCW 28A.310.470. To assist in these activities, each educational service district board shall establish an improvement of teaching coordinating council to include, at a minimum, representatives as specified in RCW 28A.415.040. An existing in-service training task force, established pursuant to RCW 28A.415.040, may serve as the improvement of teaching coordinating council. The educational service district board shall ensure coordination of programs established pursuant to RCW 28A.415.030, 28A.410.060, and 28A.415.250.
     The educational service district board may arrange each year for the holding of one or more teachers' institutes and/or workshops for professional staff preparation and in-service training in such manner and at such time as the board believes will be of benefit to the teachers and other professional staff of school districts within the educational service district and shall comply with rules of the professional educator standards board pursuant to RCW 28A.410.060 or the superintendent of public instruction pursuant to RCW 28A.415.250. The board may provide such additional means of teacher and other professional staff preparation and in-service training as it may deem necessary or appropriate and there shall be a proper charge against the educational service district general expense fund when approved by the educational service district board.
     (2) Educational service district boards of contiguous educational service districts, by mutual arrangements, may hold joint institutes and/or workshops, the expenses to be shared in proportion to the numbers of certificated personnel as shown by the last annual reports of the educational service districts holding such joint institutes or workshops.
     (3) In local school districts employing more than one hundred teachers and other professional staff, the school district superintendent may hold a teachers' institute of one or more days in such district, said institute when so held by the school district superintendent to be in all respects governed by the provisions of this title and rules relating to teachers' institutes held by educational service district superintendents.
     (4) This section is suspended until July 1, 2011.

Sec. 14   RCW 28A.415.100 and 1991 c 258 s 1 are each amended to read as follows:
     (1) The legislature recognizes that:
     (a) Strong teacher preparation programs are vital to the success of the state's entire education system;
     (b) Clinical field experiences, particularly student teaching, are critical to the developmental preparation of teacher candidates and to the success of teacher preparation programs;
     (c) Schools, school districts, educational service districts, and institutions of higher education benefit mutually from cooperative relationships that provide teacher candidates with appropriate, necessary, and successful student teaching experiences that establish continuity between the theory and practice of teaching;
     (d) Positive student teaching experiences result from the careful match between cooperating teachers and student teachers;
     (e) Teacher candidates should have student teaching opportunities and other field experiences that are reflective of the diversity existing among schools and school districts statewide; and
     (f) School districts statewide should have access to student teachers.
     (2) Therefore, in support of quality, professional, research-based training of prospective teachers, it is the intent of the legislature to continue its support of evolving partnerships among schools, school districts, educational service districts, community colleges, and colleges and universities, that are:
     (a) Benefiting the teaching profession;
     (b) Enhancing the ability of all new teachers to assume initial teaching responsibilities with greater confidence and a higher level of training;
     (c) Providing important and positive mentoring opportunities for experienced teachers; and
     (d) Strengthening cooperation and communication between the precollegiate and collegiate sectors of the state education system.
     (3) This section is suspended until July 1, 2011.

Sec. 15   RCW 28A.415.125 and 2006 c 263 s 812 are each amended to read as follows:
     (1) The professional educator standards board, from appropriated funds, shall establish a network of student teaching centers to support the continuing development of the field-based component of teacher preparation programs. The purpose of the training centers is to:
     (((1))) (a) Expand opportunities for student teacher placements in school districts statewide, with an emphasis on those populations and locations that are unserved or underserved;
     (((2))) (b) Provide cooperating teachers for all student teachers during their student internship for up to two academic quarters;
     (((3))) (c) Enhance the student teaching component of teacher preparation programs, including a placement of student teachers in special education and multi-ethnic school settings; and
     (((4))) (d) Expand access to each other and opportunities for collaboration in teacher education between colleges and universities and school districts.
     (2) This section is suspended until July 1, 2011.

Sec. 16   RCW 28A.415.130 and 2006 c 263 s 813 are each amended to read as follows:
     (1) Funds for the student teaching centers shall be allocated by the superintendent of public instruction among the educational service district regions on the basis of student teaching placements. The fiscal agent for each center shall be either an educational service district or a state institution of higher education. Prospective fiscal agents shall document to the professional educator standards board the following information:
     (((1))) (a) The existing or proposed center was developed jointly through a process including participation by at least one school district, one college or university, and one educational service district;
     (((2))) (b) Primary administration for each center shall be the responsibility of one or more of the cooperating organizations;
     (((3))) (c) Assurance that the training center program provides appropriate and necessary training in observation, supervision, and assistance skills and techniques for:
     (((a))) (i) Cooperating teachers;
     (((b))) (ii) Other school building personnel; and
     (((c))) (iii) School district employees.
     (2) This section is suspended until July 1, 2011.

Sec. 17   RCW 28A.415.135 and 1991 c 258 s 8 are each amended to read as follows:
     (1) The student teaching centers shall be an alternative means of placing teachers into school districts throughout the state. Nothing in RCW 28A.415.100 through 28A.415.140 or 28A.415.250 precludes a higher education institution that is not a participant in a training center from placing student teachers into a district that may be participating formally with other institutions in a student teaching center program, or placing student teachers into districts pursuant to an agreement between the institution and district.
     (2) This section is suspended until July 1, 2011.

Sec. 18   RCW 28A.415.140 and 1991 c 258 s 9 are each amended to read as follows:
     (1) Field experiences may be provided through a student teaching center. The cost of providing such experiences and opportunities shall be the sole responsibility of the participants cooperating in the operation of the center.
     (2) This section is suspended until July 1, 2011.

Sec. 19   RCW 28A.415.145 and 2006 c 263 s 814 are each amended to read as follows:
     (1) The professional educator standards board and the superintendent of public instruction shall adopt rules as necessary under chapter 34.05 RCW to carry out the purposes of RCW 28A.415.100 through 28A.415.140.
     (2) This section is suspended until July 1, 2011.

Sec. 20   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. 21   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. 22   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. 23   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. 24   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. 25   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. 26   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. 27   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. 28   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. 29   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. 30   RCW 28A.170.050 and 1997 c 13 s 3 are each amended to read as follows:
     The superintendent of public instruction ((shall)) may appoint a substance abuse advisory committee comprised of: Representatives of certificated and classified staff; administrators; parents; students; school directors; the bureau of alcohol and substance abuse within the department of social and health services; the traffic safety commission; and county coordinators of alcohol and drug treatment. The committee shall advise the superintendent on matters of local program development, coordination, and evaluation.

Sec. 31   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. 32   RCW 28A.210.330 and 2002 c 350 s 2 are each amended to read as follows:
     (1) School districts shall provide individual health plans for students with diabetes, subject to the following conditions:
     (a) The board of directors of the school district shall adopt policies to be followed for students with diabetes. The policies shall include, but need not be limited to:
     (i) The acquisition of parent requests and instructions;
     (ii) The acquisition of orders from licensed health professionals prescribing within the scope of their prescriptive authority for monitoring and treatment at school;
     (iii) The provision for storage of medical equipment and medication provided by the parent;
     (iv) The provision for students to perform blood glucose tests, administer insulin, treat hypoglycemia and hyperglycemia, and have easy access to necessary supplies and equipment to perform monitoring and treatment functions as specified in the individual health plan. The policies shall include the option for students to carry on their persons the necessary supplies and equipment and the option to perform monitoring and treatment functions anywhere on school grounds including the students' classrooms, and at school-sponsored events;
     (v) The establishment of school policy exceptions necessary to accommodate the students' needs to eat whenever and wherever necessary, have easy, unrestricted access to water and bathroom use, have provisions made for parties at school when food is served, eat meals and snacks on time, and other necessary exceptions as described in the individual health plan;
     (vi) The assurance that school meals are never withheld because of nonpayment of fees or disciplinary action;
     (vii) A description of the students' school day schedules for timing of meals, snacks, blood sugar testing, insulin injections, and related activities;
     (viii) The development of individual emergency plans;
     (ix) The distribution of the individual health plan to appropriate staff based on the students' needs and staff level of contact with the students;
     (x) The possession of legal documents for parent-designated adults to provide care, if needed; and
     (xi) The updating of the individual health plan at least annually or more frequently, as needed; and
     (b) The board of directors, in the course of developing the policies in (a) of this subsection, shall seek advice from one or more licensed physicians or nurses or diabetes educators who are nationally certified.
     (2)(a) For the purposes of this section, "parent-designated adult" means a volunteer, who may be a school district employee, who receives additional training from a health care professional or expert in diabetic care selected by the parents, and who provides care for the child consistent with the individual health plan.
     (b) To be eligible to be a parent-designated adult, a school district employee not licensed under chapter 18.79 RCW shall file, without coercion by the employer, a voluntary written, current, and unexpired letter of intent stating the employee's willingness to be a parent-designated adult. If a school employee who is not licensed under chapter 18.79 RCW chooses not to file a letter under this section, the employee shall not be subject to any employer reprisal or disciplinary action for refusing to file a letter.
     (3) The board of directors shall designate a professional person licensed under chapter 18.71, 18.57, or 18.79 RCW as it applies to registered nurses and advanced registered nurse practitioners, to consult and coordinate with the student's parents and health care provider, and train and supervise the appropriate school district personnel in proper procedures for care for students with diabetes to ensure a safe, therapeutic learning environment. Training may also be provided by a diabetes educator who is nationally certified. Parent-designated adults who are school employees are required to receive the training provided under this subsection. Parent-designated adults who are not school employees shall show evidence of comparable training. The parent-designated adult must also receive additional training as established in subsection (2)(a) of this section for the additional care the parents have authorized the parent-designated adult to provide. The professional person designated under this subsection is not responsible for the supervision of the parent-designated adult for those procedures that are authorized by the parents.
     (4) This section is suspended until July 1, 2011.

Sec. 33   RCW 28A.210.350 and 2002 c 350 s 4 are each amended to read as follows:
     (1) A school district, school district employee, agent, or parent-designated adult who, acting in good faith and in substantial compliance with the student's individual health plan and the instructions of the student's licensed health care professional, provides assistance or services under RCW 28A.210.330 shall not be liable in any criminal action or for civil damages in his or her individual or marital or governmental or corporate or other capacities as a result of the services provided under RCW 28A.210.330 to students with diabetes.
     (2) This section is suspended until July 1, 2011.

Sec. 34   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. 35   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. 36   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. 37   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.300.801 (Legislative youth advisory council) and 2007 c 291 s 2 & 2005 c 355 s 1;
     (3) RCW 28A.210.255 (Provision of health services in public and private schools -- Employee job description) and 2003 c 172 s 2;
     (4) 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
     (5) RCW 28A.210.365 (Food choice, physical activity, childhood fitness -- Minimum standards -- District waiver or exemption policy) and 2007 c 5 s 5.

NEW SECTION.  Sec. 38   Sections 1, 2, 7 through 9, 13 through 26, 32, and 33 of this act expire July 1, 2011.