BILL REQ. #:  S-1961.1 

READ FIRST TIME 02/20/09.   

     AN ACT Relating to flexibility in the education system; amending RCW 28A.185.030, 28A.215.010, 28A.220.020, 28A.220.030, 28A.230.158, 28A.230.160, 28A.230.205, 28A.300.405, 28A.300.410, 28A.300.455, and 28A.320.128; repealing RCW 28A.230.150, 28A.300.185, 28A.300.280, and 28A.320.185; providing an expiration date; and declaring an emergency.

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

Sec. 1   RCW 28A.185.030 and 1984 c 278 s 13 are each amended to read as follows:
     Local school districts may establish and operate, either separately or jointly, programs for highly capable students. Such authority shall include the right to employ and pay special instructors and to operate such programs jointly with a public institution of higher education. Local school districts which establish and operate programs for highly capable students shall adopt identification procedures and provide educational opportunities as follows, to the extent funds are available:
     (1) In accordance with rules ((and regulations)) adopted by the superintendent of public instruction, school districts shall implement procedures for nomination, assessment and selection of their most highly capable students. Nominations shall be based upon data from teachers, other staff, parents, students, and members of the community. Assessment shall be based upon a review of each student's capability as shown by multiple criteria intended to reveal, from a wide variety of sources and data, each student's unique needs and capabilities. Selection shall be made by a broadly based committee of professionals, after consideration of the results of the multiple criteria assessment.
     (2) Students selected pursuant to procedures outlined in this section shall be provided, to the extent feasible, an educational opportunity which takes into account each student's unique needs and capabilities and the limits of the resources and program options available to the district, including those options which can be developed or provided by using funds allocated by the superintendent of public instruction for that purpose.

Sec. 2   RCW 28A.215.010 and 2006 c 263 s 410 are each amended to read as follows:
     The board of directors of any school district shall have the power to establish and maintain preschools and to provide before-and-after-school and vacation care in connection with the common schools of said district located at such points as the board shall deem most suitable for the convenience of the public, for the care and instruction of infants and children residing in said district. The board shall establish such courses, activities, and rules((, and regulations)) governing preschools and before-and-after-school care as it may deem best: PROVIDED, That these courses and activities ((shall)) are encouraged to meet the minimum standard for such preschools as established by the United States department of health, education and welfare, or its successor agency, and the superintendent of public instruction. Except as otherwise provided by state or federal law, the board of directors may fix a reasonable charge for the care and instruction of children attending such schools. The board may, if necessary, supplement such funds as are received for the superintendent of public instruction or any agency of the federal government, by an appropriation from the general school fund of the district.

Sec. 3   RCW 28A.220.020 and 1990 c 33 s 218 are each amended to read as follows:
     The following words and phrases whenever used in chapter 28A.220 RCW shall have the following meaning:
     (1) "Superintendent" or "state superintendent" shall mean the superintendent of public instruction.
     (2) "Traffic safety education course" ((shall mean an accredited course of instruction in traffic safety education which shall consist of two phases, classroom instruction, and laboratory experience. "Laboratory experience" shall include on-street, driving range, or simulator experience or some combination thereof. Each phase shall meet basic course requirements which shall be established by the superintendent of public instruction and each part of said course shall be taught by a qualified teacher of traffic safety education. Any portions of the course may be taught after regular school hours or on Saturdays as well as on regular school days or as a summer school course, at the option of the local school districts.)) includes any course of instruction in traffic safety education approved by the local school district.
     (3) "Qualified teacher of traffic safety education" shall mean an instructor certificated under the provisions of chapter 28A.410 RCW and certificated by the superintendent of public instruction to teach either the classroom phase or the laboratory phase of the traffic safety education course, or both, under ((regulations)) rules promulgated by the superintendent: PROVIDED, That the laboratory experience phase of the traffic safety education course may be taught by instructors certificated under rules promulgated by the superintendent of public instruction, exclusive of any requirement that the instructor be certificated under the provisions of chapter 28A.410 RCW. Professional instructors certificated under the provisions of chapter 46.82 RCW, and participating in this program, shall be subject to reasonable qualification requirements jointly adopted by the superintendent of public instruction and the director of licensing.
     (4) "Realistic level of effort" means the classroom and laboratory student learning experiences considered acceptable to the superintendent of public instruction that must be satisfactorily accomplished by the student in order to successfully complete the traffic safety education course.

Sec. 4   RCW 28A.220.030 and 2000 c 115 s 9 are each amended to read as follows:
     (1) The superintendent of public instruction is authorized to establish a section of traffic safety education, and through such section shall: Define a "realistic level of effort" required to provide an effective traffic safety education course, establish a level of driving competency required of each student to successfully complete the course, and ensure that an effective statewide program is implemented and sustained, administer, supervise, and develop the traffic safety education program and shall assist local school districts in the conduct of their traffic safety education programs. The superintendent shall adopt necessary rules ((and regulations)) governing the operation and scope of the traffic safety education program; and each school district shall submit a report in even-numbered years to the superintendent on the condition of its traffic safety education program: PROVIDED, That the superintendent shall monitor the quality of the program and carry out the purposes of this chapter.
     (2) The board of directors of any school district maintaining a secondary school which includes any of the grades 10 to 12, inclusive, may establish and maintain a traffic safety education course. If a school district elects to offer a traffic safety education course and has within its boundaries a private accredited secondary school which includes any of the grades 10 to 12, inclusive, to the extent funds are available, at least one class in traffic safety education shall be given at times other than regular school hours if there is sufficient demand therefor.
     (3) The board of directors of a school district, or combination of school districts, may contract with any drivers' school licensed under the provisions of chapter 46.82 RCW to teach the laboratory phase of the traffic safety education course. Instructors provided by any such contracting drivers' school must be properly qualified teachers of traffic safety education under the joint qualification requirements adopted by the superintendent of public instruction and the director of licensing.
     (4) The superintendent shall establish a required minimum number of hours of continuing traffic safety education for traffic safety education instructors. The superintendent may phase in the requirement over not more than five years.
     (5) By January 1, 2010, the superintendent shall survey districts regarding the impact of the rules and minimum hours of training established under the authority of this section. The superintendent shall revise the rules and minimum hours based on that survey in order to reduce the burden on school districts.

Sec. 5   RCW 28A.230.158 and 2008 c 167 s 3 are each amended to read as follows:
     Annually, during the month of October, each public school shall conduct or promote educational activities that provide instruction, awareness, and understanding of disability history and people with disabilities, to the extent funds are available. The activities may include, but not be limited to, school assemblies or guest speaker presentations.

Sec. 6   RCW 28A.230.160 and 1990 c 33 s 241 are each amended to read as follows:
     During the school week preceding the eleventh day of November of each year, there shall be presented in each common school as defined in RCW 28A.150.020 educational activities suitable to the observance of Veterans' Day.
     The responsibility for the preparation and presentation of the activities ((approximating at least sixty minutes total)) for observance throughout the week shall be with the principal or head teacher of each school building and such program shall embrace topics tending to instill a loyalty and devotion to the institutions and laws of this state and nation.
     The superintendent of public instruction and each educational service district superintendent, by advice and suggestion, shall aid in the preparation of these activities if such aid be solicited.

Sec. 7   RCW 28A.230.205 and 2007 c 459 s 3 are each amended to read as follows:
     (1) To the extent funds are appropriated or are available for this purpose, the superintendent of public instruction and other members of the partnership created in RCW 28A.300.455 shall make available to school districts the list of identified financial literacy skills and knowledge, instructional materials, assessments, and other relevant information.
     (2)(a) Each school district is encouraged to provide its students with an opportunity to master the financial literacy skills and knowledge developed under RCW 28A.300.460.
     (b) This subsection is suspended until July 1, 2011.
     (3) For the purposes of RCW 28A.300.455((,)) and 28A.300.460((,)) and this section, it is not necessary to evaluate and apply the office of the superintendent of public instruction essential academic learning requirements or to develop grade level expectations.

Sec. 8   RCW 28A.300.405 and 2000 c 210 s 4 are each amended to read as follows:
     (1) Consistent with the legislative findings in RCW 28A.300.390, the legislature shall establish the Washington civil liberties public education program. The program provides grants for the purpose of establishing a legacy of remembrance as part of a continuing process of recovery from the World War II exclusion and detention of individuals of Japanese ancestry. The program is created to do one or both of the following:
     (((1))) (a) Educate the public regarding the history and the lessons of the World War II exclusion, removal, and detention of persons of Japanese ancestry through the development, coordination, and distribution of new educational materials and the development of curriculum materials to complement and augment resources currently available on this subject matter; and
     (((2))) (b) Develop videos, plays, presentations, speaker bureaus, and exhibitions for presentation to elementary schools, secondary schools, community colleges, and to other interested parties.
     (2) This section is suspended until July 1, 2011.

Sec. 9   RCW 28A.300.410 and 2000 c 210 s 5 are each amended to read as follows:
     (1) The superintendent of public instruction shall allocate grants under the program established in RCW 28A.300.390 through 28A.300.415 from private donations or within amounts appropriated for this specific purpose. The grants shall be awarded on a competitive basis.
     (2) The superintendent of public instruction may contract with independent review panelists and establish an advisory panel to evaluate and make recommendations to the superintendent of public instruction based on grant applications.
     (3) The superintendent of public instruction shall select grant recipients from applicants who meet all of the following criteria:
     (a) The capability to administer and complete the proposed project within specified deadlines and within the specified budget;
     (b) The experience, knowledge, and qualifications necessary to conduct quality educational activities regarding the exclusion and detention of Japanese-Americans during World War II;
     (c) Projects that relate the Japanese-American exclusion and detention experience with civil rights included in the Declaration of Independence and the Constitution so that this event may be illuminated and understood in order to prevent similar violations of civil rights in the future;
     (d) Projects that are designed to maximize the long-term educational impact of this chapter;
     (e) Projects that build upon, contribute to, and expand upon the existing body of educational and research materials on the exclusion and detention of Japanese-Americans during World War II; and
     (f) Projects that include the variety of experiences regarding the exclusion and detention of Japanese-Americans and its impact before, during, and after World War II including those Japanese-Americans who served in the military and those who were interned in department of justice camps.
     (4) Applicants for grants under the program are encouraged to do each of the following:
     (a) Involve former detainees, those excluded from the military area, and their descendants in the development and implementation of projects;
     (b) Develop a strategy and plan for raising the level of awareness and understanding among the American public regarding the exclusion and detention of Japanese-Americans during World War II so that the causes and circumstances of this and similar events may be illuminated and understood;
     (c) Develop a strategy and plan for reaching the broad, multicultural population through project activities;
     (d) Develop local and regional consortia of organizations and individuals engaged in similar educational, research, and development efforts;
     (e) Coordinate and collaborate with organizations and individuals engaging in similar educational, research, and development endeavors to maximize the effect of grants;
     (f) Utilize creative and innovative methods and approaches in the research, development, and implementation of their projects;
     (g) Seek matching funds, in-kind contributions, or other sources of support to supplement their proposal;
     (h) Use a variety of media, including new technology, and the arts to creatively and strategically appeal to a broad audience while enhancing and enriching community-based educational efforts;
     (i) Include in the grant application, scholarly inquiry related to the variety of experiences and impact of the exclusion and detention of persons of Japanese ancestry during World War II; and
     (j) Add relevant materials to or catalogue relevant materials in libraries and other repositories for the creation, publication, and distribution of bibliographies, curriculum guides, oral histories, and other resource directories and supporting the continued development of scholarly work on this subject by making a broad range of archival, library, and research materials more accessible to the American public.
     (5) The superintendent of public instruction may adopt other criteria as it deems appropriate for its review of grant proposals. In reviewing projects for funding, scoring shall be based on an evaluation of all application materials including narratives, attachments, support letters, supplementary materials, and other materials that may be requested of applicants.
     (6)(a) In the review process, the superintendent of public instruction shall assign the following order of priority to the criteria set forth in subsection (3) of this section:
     (i) Subsection (3)(a) through (d) of this section, inclusive, shall be given highest priority; and
     (ii) Subsection (3)(e) ((through [and])) and (f) of this section, inclusive, shall be given second priority.
     (b) The superintendent of public instruction shall consider the overall breadth and variety of the field of applicants to determine the projects that would best fulfill its program and mission. Final grant awards may be for the full amount of the grant requests or for a portion of the grant request.
     (7) The superintendent of public instruction shall determine the types of applicants eligible to apply for grants under this program.
     (8) The office may accept gifts, grants, or endowments from public or private sources for the program and may spend any gifts, grants, or endowments or income from public or private sources according to their terms.
     (9) Except to the extent private funds are available, this section is suspended until July 1, 2011.

Sec. 10   RCW 28A.300.455 and 2007 c 459 s 1 are each amended to read as follows:
     (1) By September 30, 2004, the financial literacy public-private partnership shall adopt a definition of financial literacy to be used in educational efforts.
     (2) ((By June 30, 2009,)) Beginning July 1, 2011, the financial literacy public-private partnership shall identify strategies to increase the financial literacy of public school students in our state. To the extent funds are available, strategies to be considered by the partnership shall include, but not be limited to:
     (a) Identifying and making available to school districts:
     (i) Important financial literacy skills and knowledge;
     (ii) Ways in which teachers at different grade levels may integrate financial literacy in mathematics, social studies, and other course content areas;
     (iii) Instructional materials and programs, including schoolwide programs, that include the important financial literacy skills and knowledge;
     (iv) Assessments and other outcome measures that schools and communities may use to determine whether students are financially literate; and
     (v) Other strategies for expanding and increasing the quality of financial literacy instruction in public schools, including professional development for teachers;
     (b) Developing a structure and set of operating principles for the financial literacy public-private partnership to assist interested school districts in improving the financial literacy of their students by providing such things as financial literacy instructional materials and professional development; and
     (c) Providing a report to the governor, the house and senate financial institutions and education committees of the legislature, the superintendent of public instruction, the state board of education, and education stakeholder groups, on the results of work of the financial literacy public-private partnership. An interim report shall be submitted to the same parties by June 30, 2007, with a final report by June 30, ((2009)) 2013.

Sec. 11   RCW 28A.320.128 and 2002 c 206 s 1 are each amended to read as follows:
     (1) ((By September 1, 2003,)) Each school district board of directors shall ((adopt a)) have a policy that addresses ((the following issues:
     (a))) procedures for providing notice of threats of violence or harm to the student or school employee who is the subject of the threat. The policy shall define "threats of violence or harm((";
     (b) Procedures for disclosing information that is provided to the school administrators about a student's conduct, including but not limited to the student's prior disciplinary records, official juvenile court records, and history of violence, to classroom teachers, school staff, and school security who, in the judgment of the principal, should be notified; and
     (c) Procedures for determining whether or not any threats or conduct established in the policy may be grounds for suspension or expulsion of the student.
     (2) The superintendent of public instruction, in consultation with educators and representatives of law enforcement, classified staff, and organizations with expertise in violence prevention and intervention, shall adopt a model policy that includes the issues listed in subsection (1) of this section by January 1, 2003. The model policy shall be posted on the superintendent of public instruction's web site. The school districts, in drafting their own policies, shall review the model policy))."
     (((3))) (2) School districts, school district boards of directors, school officials, and school employees providing notice in good faith as required and consistent with the board's policies adopted under this section are immune from any liability arising out of such notification.
     (((4))) (3) A person who intentionally and in bad faith or maliciously, knowingly makes a false notification of a threat under this section is guilty of a misdemeanor punishable under RCW 9A.20.021.

NEW SECTION.  Sec. 12   The following acts or parts of acts, as now existing or hereafter amended, are each repealed:
     (1) RCW 28A.230.150 (Temperance and Good Citizenship Day -- Aids in programming) and 1969 ex.s. c 223 s 28A.02.090;
     (2) RCW 28A.300.185 (Family preservation education program) and 2005 c 491 s 3;
     (3) RCW 28A.300.280 (Conflict resolution program) and 1994 sp.s. c 7 s 611; and
     (4) RCW 28A.320.185 (School gardens or farms) and 2008 c 215 s 7.

NEW SECTION.  Sec. 13   Sections 7 through 9 of this act expire July 1, 2011.

NEW SECTION.  Sec. 14   Sections 1 through 12 of this act are necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and take effect immediately.