| State of Washington | 61st Legislature | 2009 Regular Session |
Read first time 02/18/09. Referred to Committee on Early Learning & K-12 Education.
AN ACT Relating to education; amending RCW 28A.150.200, 28A.150.210, 28A.150.220, 28A.150.250, 28A.150.260, 28A.150.390, 28A.150.380, 28A.230.090, 28A.415.360, 28A.165.005, 28A.165.015, 28A.165.055, 28A.180.010, 28A.180.080, and 28A.225.200; adding new sections to chapter 28A.150 RCW; adding a new section to chapter 28A.300 RCW; adding a new section to chapter 28A.410 RCW; adding a new section to chapter 28A.305 RCW; adding a new section to chapter 43.41 RCW; adding a new section to chapter 28A.500 RCW; creating new sections; repealing RCW 28A.150.030, 28A.150.060, 28A.150.100, 28A.150.040, 28A.150.370, and 28A.155.180; and providing an effective date.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
NEW SECTION. Sec. 1 (1) Public education in Washington state has
evolved since the enactment of the Washington basic education act of
1977. Decisions by the courts have played a part in this evolution, as
have studies and research about education practices and education
funding. The legislature finds ample evidence of a need for continuing
to refine the program of basic education that is funded by the state
and delivered by school districts.
(2) In enacting this legislation, the legislature intends to
continue to review, evaluate, and revise the definition and funding of
basic education in order to continue to fulfill the state obligation
under Article IX of the state Constitution to define and fund a program
of basic education for children residing in the state and attending
public schools. The legislature also intends to continue to strengthen
and modify the structure of the entire K-12 educational system,
including nonbasic education programmatic elements, in order to build
the capacity to anticipate and support potential future enhancements to
basic education as the educational needs of our citizens continue to
evolve.
(3) The legislature further intends to fulfill the state's
obligation under Article IX to establish a general and uniform system
of public schools and build upon the actions previously taken by the
legislature to address the inequities that exist in the current system.
However, the legislature finds that in some instances providing general
and uniform educational opportunity requires tailoring basic education
to reflect certain needs and circumstances of each school district,
including district size and certain student characteristics. It is the
intent of the legislature to address these differences using a rational
basis for the differences in order to promote equity and uniformity of
educational opportunity.
(4) The legislature finds that while the state has the
responsibility to provide for a general and uniform system of public
schools, there is also a need for some diversity in the public school
system. A successful system of public education must permit some
variation among school districts outside the basic education provided
for by the state to respond to and reflect the unique desires of local
communities. The opportunity for local communities to invest in
enriched education programs promotes support for local public schools.
Further, the ability of local school districts to experiment with
enriched programs can inform the legislature's long-term evolution of
the definition of basic education. Therefore, local levy authority
remains an important component of the overall finance system in support
of the public schools even though it is outside the state's obligation
for basic education.
(5) For practical and educational reasons, major changes of the
program of basic education and the funding formulas to support it
cannot occur instantaneously. The legislature intends to build upon
the previous efforts of the legislature and the work of the basic
education task force, the state board of education, the professional
educator standards board, and others. However, an implementation
strategy must be determined for the instructional program; financial
experts must develop the details of the funding formulas that are based
on prototypical schools; changes to the systems of educator
certification, evaluation, mentoring, and compensation must be
established; a data and reporting system must be designed; the capacity
of districts to help their schools improve student achievement must be
increased; and a system in which the state and school districts share
accountability for achieving state educational standards requires new
mechanisms that will clearly define the relationship of expectations
for the state, school districts, and schools. As development of these
formulas, processes, and systems progresses, the legislature shall
monitor the progress. The legislature intends to begin a schedule for
implementation of a redefined program of basic education and the
resources necessary to support it, beginning in the 2011-12 school
year. It is the legislature's intent that when the system has the
capacity to fully implement these reforms and enhancements they will be
included in a definition and funding of basic education.
(6) It is the further intent of the legislature to also address
additional issues that are of importance to the legislature but are not
part of basic education.
NEW SECTION. Sec. 2
NEW SECTION. Sec. 3
Sec. 101 RCW 28A.150.200 and 1990 c 33 s 104 are each amended to
read as follows:This 1977 amendatory act shall be known
and may be cited as "The Washington Basic Education Act of 1977." The
program evolving from the Basic Education Act shall include (1) the
goal of the school system as defined in RCW 28A.150.210, (2) those
program requirements enumerated in RCW 28A.150.220, and (3) the
determination and distribution of state resources as defined in RCW
28A.150.250 and 28A.150.260.)) (1) The program
of basic education established under this chapter is deemed by the
legislature to comply with the requirements of Article IX, section 1 of
the state Constitution, which states that "It is the paramount duty of
the state to make ample provision for the education of all children
residing within its borders, without distinction or preference on
account of race, color, caste, or sex," and ((
The requirements of the Basic Education Act areare)) is adopted pursuant
to Article IX, section 2 of the state Constitution, which states that
"The legislature shall provide for a general and uniform system of
public schools."
(2) The legislature defines the program of basic education under
this chapter as that which is necessary to provide the opportunity to
develop the knowledge and skills necessary to meet the state-established high school graduation requirements that are intended to
allow students to have the opportunity to graduate with a meaningful
diploma that prepares them for postsecondary education, gainful
employment, and citizenship. This program includes the following:
(a) The instructional program of basic education the minimum
components of which are described in RCW 28A.150.220;
(b) The program of education provided by chapter 28A.190 RCW for
students in residential schools as defined by RCW 28A.190.020 and for
juveniles in detention facilities as identified by RCW 28A.190.010;
(c) The program of education provided by chapter 28A.193 RCW for
individuals under the age of eighteen who are incarcerated in adult
correctional facilities; and
(d) Transportation and transportation services to and from school
for eligible students as provided under RCW 28A.160.150 through
28A.160.180.
NEW SECTION. Sec. 102
(1) "Basic education goal" means the student learning goals and the
student knowledge and skills described under RCW 28A.150.210.
(2) "Certificated administrative staff" means all those persons who
are chief executive officers, chief administrative officers,
confidential employees, supervisors, principals, or assistant
principals within the meaning of RCW 41.59.020(4).
(3) "Certificated employee" as used in this chapter and RCW
28A.195.010, 28A.405.100, 28A.405.210, 28A.405.240, 28A.405.250,
28A.405.300 through 28A.405.380, and chapter 41.59 RCW, means those
persons who hold certificates as authorized by rule of the Washington
professional educator standards board.
(4) "Certificated instructional staff" means those persons employed
by a school district who are nonsupervisory certificated employees
within the meaning of RCW 41.59.020(8).
(5) "Class size" means an instructional grouping of students where,
on average, the ratio of students to teacher is the number specified.
(6) "Classified employee" means a person who does not hold a
professional education certificate or is employed in a position that
does not require such a certificate.
(7) "Classroom teacher" means a person who holds a professional
education certificate and is employed in a position for which such
certificate is required whose primary duty is the daily educational
instruction of students. In exceptional cases, people of unusual
competence but without certification may teach students so long as a
certificated person exercises general supervision, but the hiring of
such classified employees shall not occur during a labor dispute, and
such classified employees shall not be hired to replace certificated
employees during a labor dispute.
(8) "Instructional program of basic education" means the minimum
program required to be provided by school districts and includes
instructional hour requirements and other components under RCW
28A.150.220.
(9) "Program of basic education" means the overall program under
RCW 28A.150.200 and deemed by the legislature to comply with the
requirements of Article IX, section 1 of the state Constitution.
(10) "School day" means each day of the school year on which pupils
enrolled in the common schools of a school district are engaged in
academic and career and technical instruction planned by and under the
direction of the school.
(11) "School year" includes the minimum number of school days
required under RCW 28A.150.220 and begins on the first day of September
and ends with the last day of August, except that any school district
may elect to commence the annual school term in the month of August of
any calendar year and in such case the operation of a school district
for such period in August shall be credited by the superintendent of
public instruction to the succeeding school year for the purpose of the
allocation and distribution of state funds for the support of such
school district.
(12) "Teacher planning period" means a period of a school day as
determined by the administration and board of the directors of the
district that may be used by teachers for instruction-related
activities including but not limited to preparing instructional
materials; reviewing student performance; recording student data;
consulting with other teachers, instructional assistants, mentors,
instructional coaches, administrators, and parents; or participating in
professional development.
Sec. 103 RCW 28A.150.210 and 2007 c 400 s 1 are each amended to
read as follows:The goal of the basic education act for
the schools of the state of Washington set forth in this chapter shall
be)) A basic education is an evolving program of instruction that is
intended to provide students with the opportunity to become responsible
and respectful global citizens, to contribute to their economic well-being and that of their families and communities, to explore and
understand different perspectives, and to enjoy productive and
satisfying lives. Additionally, the state of Washington intends to
provide for a public school system that is able to evolve and adapt in
order to better focus on strengthening the educational achievement of
all students, which includes high expectations for all students and
gives all students the opportunity to achieve personal and academic
success. To these ends, the goals of each school district, with the
involvement of parents and community members, shall be to provide
opportunities for every student to develop the knowledge and skills
essential to:
(1) Read with comprehension, write effectively, and communicate
successfully in a variety of ways and settings and with a variety of
audiences;
(2) Know and apply the core concepts and principles of mathematics;
social, physical, and life sciences; civics and history, including
different cultures and participation in representative government;
geography; arts; and health and fitness;
(3) Think analytically, logically, and creatively, and to integrate
different experiences and knowledge to form reasoned judgments and
solve problems; and
(4) Understand the importance of work and finance and how
performance, effort, and decisions directly affect future career and
educational opportunities.
Sec. 104 RCW 28A.150.220 and 1993 c 371 s 2 are each amended to
read as follows:program requirements)) goal identified in RCW 28A.150.210 shall be
((considered)) intended to be implemented by the following minimum
instructional program:
(a) Each school district shall make available to students enrolled
in kindergarten at least a total instructional offering of four hundred
fifty hours. The program shall include instruction in the essential
academic learning requirements under RCW ((28A.630.885)) 28A.655.070
and such other subjects and such activities as the school district
shall determine to be appropriate for the education of the school
district's students enrolled in such program;
(b) Each school district shall make available to students enrolled
in grades one through twelve, at least a district-wide annual average
total instructional hour offering of one thousand hours. The state
board of education may define alternatives to classroom instructional
time for students in grades nine through twelve enrolled in alternative
learning experiences. The state board of education shall establish
rules to determine annual average instructional hours for districts
including fewer than twelve grades. The program shall include the
essential academic learning requirements under RCW ((28A.630.885))
28A.655.070 and such other subjects and such activities as the school
district shall determine to be appropriate for the education of the
school district's students enrolled in such group;
(c) If the essential academic learning requirements include a
requirement of languages other than English, the requirement may be met
by students receiving instruction in one or more American Indian
languages;
(d) Supplemental instruction and services for underachieving
students through the learning assistance program under RCW 28A.165.005
through 28A.165.065;
(e) Supplemental instruction and services for eligible and enrolled
students whose primary language is other than English through the
transitional bilingual instruction program under RCW 28A.180.010
through 28A.180.080; and
(f) The opportunity for an appropriate education at public expense
as defined by RCW 28A.155.020 for all eligible students with
disabilities as defined in RCW 28A.155.020.
(2) Nothing contained in subsection (1) of this section shall be
construed to require individual students to attend school for any
particular number of hours per day or to take any particular courses.
(3) Each school district's kindergarten through twelfth grade basic
educational program shall be accessible to all students who are five
years of age, as provided by RCW 28A.225.160, and less than twenty-one
years of age and shall consist of a minimum of one hundred eighty
school days per school year in such grades as are conducted by a school
district, and one hundred eighty half-days of instruction, or
equivalent, in kindergarten((: PROVIDED, That)). However, effective
May 1, 1979, a school district may schedule the last five school days
of the one hundred and eighty day school year for noninstructional
purposes in the case of students who are graduating from high school,
including, but not limited to, the observance of graduation and early
release from school upon the request of a student, and all such
students may be claimed as a full time equivalent student to the extent
they could otherwise have been so claimed for the purposes of RCW
28A.150.250 and 28A.150.260.
(4) The state board of education shall adopt rules to implement and
ensure compliance with the program requirements imposed by this
section, RCW 28A.150.250 and 28A.150.260, and such related supplemental
program approval requirements as the state board may establish.
(5) Nothing in this section precludes a school district from
enriching the instructional program of basic education, such as
offering additional instruction or providing additional services,
programs, or activities that the school district determines to be
appropriate for the education of the school district's students.
Sec. 105 RCW 28A.150.250 and 1990 c 33 s 107 are each amended to
read as follows:amount which, when
combined with an appropriate portion of such locally available
revenues, other than)) allocation based on the formulas provided in RCW
28A.150.260, 28A.150.390, and section 108 of this act. The basic
education instructional allocation shall be net of receipts from
federal forest revenues distributed to school districts pursuant to RCW
28A.520.010 and 28A.520.020((, as the superintendent of public
instruction may deem appropriate for consideration in computing state
equalization support, excluding excess property tax levies, will
constitute a basic education allocation in dollars for each annual
average full time equivalent student enrolled, based upon one full
school year of one hundred eighty days, except that for kindergartens
one full school year shall be one hundred eighty half days of
instruction, or the equivalent as provided in RCW 28A.150.220)).
(2) The instructional program of basic education shall be
considered to be fully funded by those amounts of dollars appropriated
by the legislature pursuant to RCW ((28A.150.250 and)) 28A.150.260,
28A.150.390, and section 108 of this act to fund those program
requirements identified in RCW 28A.150.220 in accordance with the
formula ((and ratios)) provided in RCW 28A.150.260 and those amounts of
dollars appropriated by the legislature to fund the salary requirements
of RCW ((28A.150.100 and)) 28A.150.410.
((Operation of a program approved by the state board of education,
for the purposes of this section, shall include a finding that the
ratio of students per classroom teacher in grades kindergarten through
three is not greater than the ratio of students per classroom teacher
in grades four and above for such district: PROVIDED, That for the
purposes of this section, "classroom teacher" shall be defined as an
instructional employee possessing at least a provisional certificate,
but not necessarily employed as a certificated employee, whose primary
duty is the daily educational instruction of students: PROVIDED
FURTHER, That the state board of education shall adopt rules and
regulations to insure compliance with the student/teacher ratio
provisions of this section, and such rules and regulations shall allow
for exemptions for those special programs and/or school districts which
may be deemed unable to practicably meet the student/teacher ratio
requirements of this section by virtue of a small number of students.))
(3) If a school district's basic education program fails to meet
the basic education requirements enumerated in RCW ((28A.150.250,))
28A.150.260((,)) and 28A.150.220, the state board of education shall
require the superintendent of public instruction to withhold state
funds in whole or in part for the basic education allocation until
program compliance is assured((: PROVIDED, That)). However, the state
board of education may waive this requirement in the event of
substantial lack of classroom space.
Sec. 106 RCW 28A.150.260 and 2006 c 263 s 322 are each amended to
read as follows:The
basic education allocation for each annual average full time equivalent
student shall be determined in accordance with the following
procedures)) The purpose of this section is to provide for the
allocation of state funding that the legislature deems necessary to
support school districts in offering the minimum instructional program
of basic education under RCW 28A.150.220. The allocation shall be
determined as follows:
(1) The governor shall and the superintendent of public instruction
may recommend to the legislature a formula ((based on a ratio of
students to staff)) for the distribution of a basic education
instructional allocation for each ((annual average full time equivalent
student enrolled in a)) common school district. ((The distribution
formula shall have the primary objective of equalizing educational
opportunities and shall provide appropriate recognition of the
following costs among the various districts within the state:))
(a) Certificated instructional staff and their related costs;
(b) Certificated administrative staff and their related costs;
(c) Classified staff and their related costs;
(d) Nonsalary costs;
(e) Extraordinary costs, including school facilities, of remote and
necessary schools as judged by the superintendent of public
instruction, with recommendations from the school facilities citizen
advisory panel under RCW 28A.525.025, and small high schools, including
costs of additional certificated and classified staff; and
(f) The attendance of students pursuant to RCW 28A.335.160 and
28A.225.250 who do not reside within the servicing school district.
(2)(((a))) The distribution formula under this section shall be for
allocation purposes only. Except as may be required under chapter
28A.165, 28A.180, or 28A.155 RCW, or federal laws and regulations,
nothing in this section requires school districts to use basic
education instructional funds to implement a particular instructional
approach or service. Nothing in this section requires school districts
to maintain a particular classroom teacher-to-student ratio or other
staff-to-student ratio or to use allocated funds to pay for particular
types or classifications of staff. Nothing in this section entitles an
individual teacher to a particular teacher planning period.
(3)(a) To the extent the technical details of the formula have been
adopted by the legislature, the distribution formula for the basic
education instructional allocation shall be based on minimum staffing
and nonstaff costs the legislature deems necessary to support
instruction and operations in prototypical schools serving high,
middle, and elementary school students as provided in this section.
The use of prototypical schools for the distribution formula does not
constitute legislative intent that schools should be operated or
structured in a similar fashion as the prototypes. Prototypical
schools illustrate the level of resources needed to operate a school of
a particular size with particular types and grade levels of students
using commonly understood terms and inputs, such as class size, hours
of instruction, and various categories of school staff. It is the
intent that the funding allocations to school districts be adjusted
from the school prototypes based on the actual number of annual average
full-time equivalent students in each grade level at each school in the
district and not based on the grade-level configuration of the school
to the extent that data is available. The allocations shall be further
adjusted from the school prototypes with minimum allocations for small
schools and to reflect other factors identified in the omnibus
appropriations act.
(b) For the purposes of this section, prototypical schools are
defined as follows:
(i) A prototypical high school has six hundred average annual full-time equivalent students in grades nine through twelve;
(ii) A prototypical middle school has four hundred thirty-two
average annual full-time equivalent students in grades seven and eight;
and
(iii) A prototypical elementary school has four hundred average
annual full-time equivalent students in grades kindergarten through
six.
(c) The minimum allocation for each level of prototypical school
shall be based on the number of full-time equivalent classroom teachers
needed to provide instruction over the minimum required annual
instructional hours under RCW 28A.150.220 and provide at least one
teacher planning period per school day, and based on an average class
size as specified in the omnibus appropriations act. The omnibus
appropriations act shall at a minimum specify:
(i) Basic average class size;
(ii) Basic average class size in schools where more than fifty
percent of the students are eligible for free and reduced-price meals;
and
(iii) Average class size in grades kindergarten through three.
(d) The minimum allocation for each level of prototypical school
shall include allocations for staff in addition to classroom teachers.
(4) The minimum allocation for each school district shall include
allocations per annual average full-time equivalent student for the
following materials, supplies, and operating costs: Student
technology; utilities; curriculum, textbooks, library materials, and
instructional supplies; instructional professional development; other
building-level costs including maintenance, custodial, and security;
and central office administration.
(5) The allocations provided under subsections (3) and (4) of this
section shall be enhanced as follows to provide additional allocations
for classroom teachers and maintenance, supplies, and operating costs:
(a) To provide supplemental instruction and services for
underachieving students through the learning assistance program under
RCW 28A.165.005 through 28A.165.065, allocations shall be based on the
percent of students in each school who are eligible for free and
reduced-price meals. The minimum allocation for the learning
assistance program shall provide an extended school day and extended
school year for each level of prototypical school and a per student
allocation for maintenance, supplies, and operating costs.
(b) To provide supplemental instruction and services for students
whose primary language is other than English, allocations shall be
based on the number of students in each school who are eligible for and
enrolled in the transitional bilingual instruction program under RCW
28A.180.010 through 28A.180.080. The minimum allocation for each level
of prototypical school shall provide for supplemental instruction based
on percent of the school day a student is assumed to receive
supplemental instruction and a per student allocation for maintenance,
supplies, and operating costs.
(6) The allocations under subsections (3)(b), (c)(i), and (d) and
(4) of this section shall be enhanced as provided under RCW 28A.150.390
on an excess cost basis to provide supplemental instructional resources
for students with disabilities.
(7) The distribution formula shall include allocations to school
districts to support staffing of central office administration. The
minimum allocation shall be calculated as a percentage, identified in
the omnibus appropriations act, of the total allocations for staff
under subsection (3) of this section for all schools in the district.
(8) For the purposes of allocations for prototypical high schools
and middle schools under subsections (3) and (5) of this section that
are based on the percent of students in the school who are eligible for
free and reduced-price meals, the actual percent of such students in a
school shall be adjusted by a factor identified in the omnibus
appropriations act to reflect underreporting of free and reduced-price
meal eligibility among middle and high school students.
(9)(a) This formula for distribution of basic education funds shall
be reviewed biennially by the superintendent and governor. The
recommended formula shall be subject to approval, amendment or
rejection by the legislature. ((The formula shall be for allocation
purposes only. While the legislature intends that the allocations for
additional instructional staff be used to increase the ratio of such
staff to students, nothing in this section shall require districts to
reduce the number of administrative staff below existing levels.)) (b) In the event the legislature rejects the distribution
formula recommended by the governor, without adopting a new
distribution formula, the distribution formula for the previous school
year shall remain in effect((
(b) The formula adopted by the legislature shall reflect the
following ratios at a minimum: (i) Forty-nine certificated
instructional staff to one thousand annual average full time equivalent
students enrolled in grades kindergarten through three; (ii) forty-six
certificated instructional staff to one thousand annual average full
time equivalent students in grades four through twelve; (iii) four
certificated administrative staff to one thousand annual average full
time equivalent students in grades kindergarten through twelve; and
(iv) sixteen and sixty-seven one-hundredths classified personnel to one
thousand annual average full time equivalent students enrolled in
grades kindergarten through twelve.
(c): PROVIDED, That the distribution formula
developed pursuant to this section shall be for state apportionment and
equalization purposes only and shall not be construed as mandating
specific operational functions of local school districts other than
those program requirements identified in RCW 28A.150.220 and
28A.150.100)).
(c) The enrollment of any district shall be the annual average
number of full-time equivalent students and part-time students as
provided in RCW 28A.150.350, enrolled on the first school day of each
month ((and shall exclude full time equivalent students with
disabilities recognized for the purposes of allocation of state funds
for programs under RCW 28A.155.010 through 28A.155.100)), including
students who are in attendance pursuant to RCW 28A.335.160 and
28A.225.250 who do not reside within the servicing school district.
The definition of full-time equivalent student shall be determined by
rules of the superintendent of public instruction((: PROVIDED, That
the definition)) and shall be included as part of the superintendent's
biennial budget request((: PROVIDED, FURTHER, That)). The definition
shall be based on the minimum instructional hour offerings required
under RCW 28A.150.220. Any revision of the present definition shall
not take effect until approved by the house ((appropriations)) ways and
means committee and the senate ways and means committee((: PROVIDED,
FURTHER, That)).
(d) The office of financial management shall make a monthly review
of the superintendent's reported full-time equivalent students in the
common schools in conjunction with RCW 43.62.050.
(((3)(a) Certificated instructional staff shall include those
persons employed by a school district who are nonsupervisory employees
within the meaning of RCW 41.59.020(8): PROVIDED, That in exceptional
cases, people of unusual competence but without certification may teach
students so long as a certificated person exercises general
supervision: PROVIDED, FURTHER, That the hiring of such classified
people shall not occur during a labor dispute and such classified
people shall not be hired to replace certificated employees during a
labor dispute.))
(b) Certificated administrative staff shall include all those
persons who are chief executive officers, chief administrative
officers, confidential employees, supervisors, principals, or assistant
principals within the meaning of RCW 41.59.020(4).
Sec. 107 RCW 28A.150.390 and 1995 c 77 s 6 are each amended to
read as follows:28A.150.250,))
28A.150.260((,)) (3) through (5) and federal medical assistance and
private funds accruing under RCW 74.09.5249 through 74.09.5253 and
74.09.5254 through 74.09.5256((, and other state and local funds,
excluding special excess levies)).
(2) The excess cost allocation to school districts shall be based
on the following:
(a) A district's annual average headcount enrollment of students
ages birth through four and those five year olds not yet enrolled in
kindergarten who are eligible for and enrolled in special education,
multiplied by the district's base allocation per full-time equivalent
student, multiplied by 1.15; and
(b) A district's annual average full-time equivalent basic
education enrollment, multiplied by the district's funded enrollment
percent, multiplied by the district's base allocation per full-time
equivalent student, multiplied by 0.9309.
(3) As used in this section:
(a) "Base allocation" means the total state allocation to all
schools in the district generated by the distribution formula under RCW
28A.150.260 (3) (b), (c)(i), and (d) and (4), to be divided by the
district's full-time equivalent enrollment.
(b) "Basic education enrollment" means enrollment of resident
students including nonresident students enrolled under RCW 28A.225.225
and students from nonhigh districts enrolled under RCW 28A.225.210 and
excluding students residing in another district enrolled as part of an
interdistrict cooperative program under RCW 28A.225.250.
(c) "Enrollment percent" means the district's resident special
education annual average enrollment, excluding students ages birth
through four and those five year olds not yet enrolled in kindergarten,
as a percent of the district's annual average full-time equivalent
basic education enrollment.
(d) "Funded enrollment percent" means the lesser of the district's
actual enrollment percent or twelve and seven-tenths percent.
NEW SECTION. Sec. 108
(a) The committee shall consider additional funds for districts
that can convincingly demonstrate that all legitimate expenditures for
special education exceed all available revenues from state funding
formulas. In the determination of need, the committee shall also
consider additional available revenues from federal sources.
Differences in program costs attributable to district philosophy,
service delivery choice, or accounting practices are not a legitimate
basis for safety net awards. In the determination of need, the
committee shall require that districts demonstrate that they are
maximizing their eligibility for all state and federal revenues related
to services for special education students.
(b) The committee shall then consider the extraordinary high cost
needs of one or more individual special education students.
Differences in costs attributable to district philosophy, service
delivery choice, or accounting practices are not a legitimate basis for
safety net awards.
(c) Using criteria developed by the committee, the committee shall
then consider extraordinary costs associated with communities that draw
a larger number of families with children in need of special education
services. Safety net awards under this subsection (1)(c) shall be
adjusted to reflect amounts awarded under (b) of this subsection.
(d) The maximum allowable indirect cost for calculating safety net
eligibility may not exceed the federal restricted indirect cost rate
for the district plus one percent.
(e) Safety net awards shall be adjusted based on the percent of
potential medicaid eligible students billed as calculated by the
superintendent of public instruction in accordance with chapter 318,
Laws of 1999.
(f) Safety net awards must be adjusted for any audit findings or
exceptions related to special education funding.
(2) The superintendent of public instruction may adopt such rules
and procedures as are necessary to administer the special education
funding and safety net award process. Before revising any standards,
procedures, or rules, the superintendent shall consult with the office
of financial management and the fiscal committees of the legislature.
In adopting and revising the rules, the superintendent shall ensure the
application process to access safety net funding is streamlined,
timelines for submission are not in conflict, feedback to school
districts is timely and provides sufficient information to allow school
districts to understand how to correct any deficiencies in a safety net
application, and that there is consistency between awards approved by
school district and by application period. The office of the
superintendent of public instruction shall also provide technical
assistance to school districts in preparing and submitting special
education safety net applications.
(3) On an annual basis, the superintendent shall survey districts
regarding their satisfaction with the safety net process and consider
feedback from districts to improve the safety net process. Each year
by December 1st, the superintendent shall prepare and submit a report
to the office of financial management and the appropriate policy and
fiscal committees of the legislature that summarizes the survey results
and those changes made to the safety net process as a result of the
school district feedback.
(4) The safety net oversight committee appointed by the
superintendent of public instruction shall consist of:
(a) One staff member from the office of the superintendent of
public instruction;
(b) Staff of the office of the state auditor who shall be nonvoting
members of the committee; and
(c) One or more representatives from school districts or
educational service districts knowledgeable of special education
programs and funding.
Sec. 109 RCW 28A.150.380 and 2001 c 3 s 10 are each amended to
read as follows:from the
state general fund)) for the current use of the common schools such
amounts as needed for state support to ((the common schools)) school
districts during the ensuing biennium ((as provided in this chapter,
RCW 28A.160.150 through 28A.160.210, 28A.300.170, and 28A.500.010)) for
the program of basic education under RCW 28A.150.200.
(2) In addition to those state funds provided to school districts
for basic education, the legislature may appropriate funds to be
distributed to school districts for other factors and for other special
programs to enhance or enrich the program of basic education.
(3) The state legislature shall also, at each regular session in an
odd-numbered year, appropriate from the student achievement fund and
education construction fund solely for the purposes of and in
accordance with the provisions of the student achievement act during
the ensuing biennium.
Sec. 110 RCW 28A.230.090 and 2006 c 114 s 3 are each amended to
read as follows:
(a) Any course in Washington state history and government used to
fulfill high school graduation requirements shall consider including
information on the culture, history, and government of the American
Indian peoples who were the first inhabitants of the state.
(b) The certificate of academic achievement requirements under RCW
28A.655.061 or the certificate of individual achievement requirements
under RCW 28A.155.045 are required for graduation from a public high
school but are not the only requirements for graduation.
(c) Any decision on whether a student has met the state board's
high school graduation requirements for a high school and beyond plan
shall remain at the local level.
(2)(a) In recognition of the statutory authority of the state board
of education to establish and enforce minimum high school graduation
requirements, the state board shall periodically reevaluate the
graduation requirements and shall report such findings to the
legislature in a timely manner as determined by the state board.
(b) The state board shall reevaluate the graduation requirements
for students enrolled in vocationally intensive and rigorous career and
technical education programs, particularly those programs that lead to
a certificate or credential that is state or nationally recognized.
The purpose of the evaluation is to ensure that students enrolled in
these programs have sufficient opportunity to earn a certificate of
academic achievement, complete the program and earn the program's
certificate or credential, and complete other state and local
graduation requirements. ((The board shall reports [report] its
findings and recommendations for additional flexibility in graduation
requirements, if necessary, to the legislature by December 1, 2007.))
(c) The state board shall forward any proposed changes to the high
school graduation requirements to the education committees of the
legislature for review, and the legislature shall have the opportunity
to act during a regular legislative session before the changes are
adopted through administrative rule by the state board. Changes that
have a fiscal impact on school districts, as identified by a fiscal
analysis prepared by the office of the superintendent of public
instruction, shall take effect only if formally authorized and funded
by the legislature through the omnibus appropriations act or other
enacted legislation.
(3) Pursuant to any requirement for instruction in languages other
than English established by the state board of education or a local
school district, or both, for purposes of high school graduation,
students who receive instruction in American sign language or one or
more American Indian languages shall be considered to have satisfied
the state or local school district graduation requirement for
instruction in one or more languages other than English.
(4) If requested by the student and his or her family, a student
who has completed high school courses before attending high school
shall be given high school credit which shall be applied to fulfilling
high school graduation requirements if:
(a) The course was taken with high school students, if the academic
level of the course exceeds the requirements for seventh and eighth
grade classes, and the student has successfully passed by completing
the same course requirements and examinations as the high school
students enrolled in the class; or
(b) The academic level of the course exceeds the requirements for
seventh and eighth grade classes and the course would qualify for high
school credit, because the course is similar or equivalent to a course
offered at a high school in the district as determined by the school
district board of directors.
(5) Students who have taken and successfully completed high school
courses under the circumstances in subsection (4) of this section shall
not be required to take an additional competency examination or perform
any other additional assignment to receive credit.
(6) At the college or university level, five quarter or three
semester hours equals one high school credit.
NEW SECTION. Sec. 111
(2) The office of financial management, with assistance and support
from the office of the superintendent of public instruction, shall
convene a technical working group to recommend the details of the
funding formulas and a concurrent implementation schedule.
(3) In addition to any other details the technical working group
deems necessary, the technical working group shall:
(a) Based on the intent established in RCW 28A.150.260, determine
how to adjust the actual allocations to school districts from the
school prototypes and what additional data might be necessary to allow
adjustments based on the actual number of full-time equivalent students
in each grade level at each school in the district;
(b) Recommend whether there should be additional class size
categories, in addition to those in RCW 28A.150.260, that should be
specified in the omnibus appropriations act for prototypical schools;
(c) Recommend what staff categories, in addition to classroom
teachers, should have specified allocations included in the omnibus
appropriations act for prototypical schools. In developing the list,
the working group shall at a minimum consider the following categories:
(i) Principals, including assistant principals and other
certificated building-level administrators;
(ii) Teacher or classified employee librarians, a function that
includes information literacy, technology, and media to support school
library media programs;
(iii) Student health services, a function that includes school
nurses, whether certificated instructional or classified employee, and
social workers;
(iv) Guidance counselors, a function that includes parent outreach
and graduation advisor;
(v) Professional development coaches;
(vi) Teaching assistance, which includes any aspect of educational
instructional services provided by classified employees;
(vii) Office support, technology support, and noninstructional
aides;
(viii) Custodians, warehouse, maintenance, laborer, and
professional and technical education support employees;
(ix) Student and staff safety; and
(x) Teacher mentor enhancement; and
(d) Recommend whether additional categories of enhancements to the
annual average full-time equivalent student allocation should be
included in the omnibus appropriations act for prototypical schools,
any recommended criteria for those enhancements, and whether
restrictions on when those enhancements apply should be included. The
working group shall at a minimum give consideration to the following
potential enhancements:
(i) Based on student enrollment in exploratory career and technical
education courses;
(ii) Based on student enrollment in laboratory science courses;
(iii) Based on student enrollment in preparatory career and
technical education courses;
(iv) Based on enrollment in preparatory career and technical
education courses offered through a skill center; and
(v) Based on the enrollment of highly capable students.
(4) The working group shall include representatives of the
legislative evaluation and accountability program committee, school
district and educational service district financial managers, the
Washington association of school business officers, the Washington
education association, the Washington association of school
administrators, the association of Washington school principals, the
Washington state school directors' association, the public school
employees of Washington, and other interested stakeholders with
expertise in education finance. The working group may convene advisory
subgroups on specific topics as necessary to assure participation and
input from a broad array of diverse stakeholders.
(5) The working group shall be monitored and overseen by the
legislature as established in section 3 of this act. The working group
shall submit its recommendations to the legislature by December 1,
2009.
NEW SECTION. Sec. 112 A new section is added to chapter 28A.300
RCW to read as follows:
(2) The legislature shall:
(a) Review the recommendations of the superintendent of public
instruction submitted under subsection (1) of this section; and
(b) Use the information as it continues to redefine and enhance an
evolving program of basic education that serves the educational needs
of the citizen's of Washington; and ensure that no enhancements are
imposed on the educational system that cannot be accommodated by the
existing system capacity.
(3) It is the intent of the legislature that as state support for
the common schools is increased, increases in appropriations that are
not basic education appropriations and that are above the maintenance
level of the prior budget cycle shall be used primarily for the
purposes of building system capacity to support:
(a) Class size reductions in grades kindergarten through three; or
(b) Increasing and enhancing a statewide beginning teacher
mentoring and support system.
(4) "System capacity" for purposes of this section includes, but is
not limited to, the ability of schools and districts to provide the
capital facilities necessary to support a particular instructional
program, the staffing levels necessary to support an instructional
program both in terms of actual numbers of staff as well as the
experience level and types of staff available to fill positions, the
higher education systems capacity to prepare the next generation of
educators, and the availability of data and a data system capable of
helping the state allocate its resources in a manner consistent with
evidence-based practices that are shown to improve student learning.
(5) The office of the superintendent of public instruction shall
report to the legislature on an annual basis beginning December 1,
2010.
NEW SECTION. Sec. 201
NEW SECTION. Sec. 202 A new section is added to chapter 28A.410
RCW to read as follows:
(1)(a) By January 1, 2010, the professional educator standards
board shall adopt a set of articulated teacher knowledge, skill, and
performance standards for effective teaching that are evidence-based,
measurable, meaningful, and documented in high quality research as
being associated with improved student learning. The standards shall
be calibrated for each level of certification and along the entire
career continuum. In developing the standards, the board shall, to the
extent possible, incorporate standards for cultural competency along
the entire continuum. For the purposes of this subsection, "cultural
competency" includes knowledge of student cultural histories and
contexts, as well as family norms and values in different cultures;
knowledge and skills in accessing community resources and community and
parent outreach; and skills in adapting instruction to students'
experiences and identifying cultural contexts for individual students.
(b) By January 1, 2010, the professional educator standards board
shall adopt a definition of master teacher, with a comparable level of
increased competency between professional certification level and
master level as between professional certification level and national
board certification. Within the definition established by the
professional educator standards board, teachers certified through the
national board for professional teaching standards shall be considered
master teachers.
(2) By January 1, 2010, the professional educator standards board
shall submit to the governor and the education and fiscal committees of
the legislature:
(a) An update on the status of implementation of the professional
certificate external and uniform assessment authorized in RCW
28A.410.210;
(b) A proposal for a uniform, statewide, valid, and reliable
classroom-based means of evaluating teacher effectiveness as a
culminating measure at the preservice level that is to be used during
the student-teaching field experience. This assessment shall include
multiple measures of teacher performance in classrooms, evidence of
positive impact on student learning, and shall include review of
artifacts, such as use of a variety of assessment and instructional
strategies, and student work. The proposal shall establish a timeline
for when the assessment will be required for successful completion of
a Washington state-approved teacher preparation program. The timeline
shall take into account the capacity of the K-12 education and higher
education systems to accommodate the new assessment. The proposal and
timeline shall also address how the assessment will be included in
state-reported data on preparation program quality; and
(c) A recommendation on the length of time that a residency
certificate issued to a teacher is valid and within what time period a
teacher must meet the minimum level of performance for and receive a
professional certificate in order to continue being certified as a
teacher. In developing this recommendation, the professional educator
standards board shall consult with interested stakeholders including
the Washington education association, the Washington association of
school administrators, association of Washington school principals, and
the Washington state school directors' association and shall include
with its recommendation a description of each stakeholder's comments on
the recommendation.
(3) The update and proposal in subsection (2)(a) and (b) of this
section shall include, at a minimum, descriptions of:
(a) Estimated costs and statutory authority needed for further
development and implementation of these assessments;
(b) A common and standardized rubric for determining whether a
teacher meets the minimum level of performance of the assessments; and
(c) Administration and management of the assessments.
(4) To the extent that funds are appropriated for this purpose and
in accordance with the timeline established in subsection (2) of this
section, recognizing the capacity limitations of the education systems,
the professional educator standards board shall develop the system and
process as established in subsections (1), (2), and (3) of this section
throughout the remainder of the 2010-11 and 2011-12 school years.
(5) Beginning no earlier than September 1, 2011, award of a
professional certificate shall be based on a minimum of two years of
successful teaching experience as defined by the board and on the
results of the evaluation authorized under RCW 28A.410.210(14) and
under this section, and may not require candidates to enroll in a
professional certification program.
(6) Beginning July 1, 2011, educator preparation programs approved
to offer the residency teaching certificate shall be required to
demonstrate how the program produces effective teachers as evidenced by
the measures established under this section and other criteria
established by the professional educator standards board.
Sec. 203 RCW 28A.415.360 and 2007 c 402 s 9 are each amended to
read as follows:
(1) Subject to funds appropriated for this purpose, targeted
professional development programs, to be known as learning improvement
days, are authorized to further the development of outstanding
mathematics, science, and reading teaching and learning opportunities
in the state of Washington. The intent of this section is to provide
guidance for the learning improvement days in the omnibus
appropriations act. The learning improvement days authorized in this
section shall not be considered part of the definition of basic
education.
(2) ((The expected outcomes of these programs are)) A school
district is eligible to receive funding for learning improvement days
that are limited to specific activities related to student learning
that contribute to the following outcomes:
(a) Provision of meaningful, targeted professional development for
all teachers in mathematics, science, or reading;
(b) Increased knowledge and instructional skill for mathematics,
science, or reading teachers;
(c) Increased use of curriculum materials with supporting
diagnostic and supplemental materials that align with state standards;
(d) Skillful guidance for students participating in alternative
assessment activities;
(e) Increased rigor of course offerings especially in mathematics,
science, and reading;
(f) Increased student opportunities for focused, applied
mathematics and science classes;
(g) Increased student success on state achievement measures; and
(h) Increased student appreciation of the value and uses of
mathematics, science, and reading knowledge and exploration of related
careers.
(3) School districts receiving resources under this section shall
submit reports to the superintendent of public instruction ((regarding
the use of the funds;)) documenting how the use of the funds ((is
associated with)) contributes to measurable improvement in the
((expected)) outcomes described under subsection (2) of this section;
and how other professional development resources and programs
authorized in statute or in the omnibus appropriations act contribute
to the expected outcomes. The superintendent of public instruction and
the office of financial management shall collaborate on required report
content and format.
NEW SECTION. Sec. 301
(2) The legislature has already charged the state board of
education to develop criteria to identify schools and districts that
are successful, in need of assistance, and those where students
persistently fail, as well as to identify a range of intervention
strategies and a performance incentive system. The legislature finds
that the state board of education should build on the work that the
board has already begun in these areas. As development of these
formulas, processes, and systems progresses, the legislature should
monitor the progress.
NEW SECTION. Sec. 302 A new section is added to chapter 28A.305
RCW to read as follows:
(2) The state board of education shall develop an accountability
index to identify schools and districts for recognition and for
additional state support. The index shall be based on student growth
using criteria that are fair, consistent, and transparent. Performance
shall be measured using multiple outcomes and indicators including, but
not limited to, graduation rates and results from statewide
assessments. The accountability index shall take into account the
level of state resources a school or school district receives in
support of the program of basic education. The index shall be
developed in such a way as to be easily understood by both employees
within the schools and districts, as well as parents and community
members. It is the legislature's intent that the index provide
feedback to schools and districts to self-assess their progress, and
enable the identification of schools with exemplary student performance
and those that need assistance to overcome challenges in order to
achieve exemplary student performance.
(3) Based on the accountability index and in consultation with the
superintendent of public instruction, the state board of education
shall develop a proposal and timeline for implementation of a
comprehensive system of voluntary support and assistance for schools
and districts. The timeline must take into account and accommodate
capacity limitations of the K-12 educational system. The proposal and
timeline shall be submitted to the education committees of the
legislature for review, and the legislature shall have the opportunity
to act during a regular legislative session before the system of
voluntary support is implemented. Changes that have a fiscal impact on
school districts, as identified by a fiscal analysis prepared by the
office of the superintendent of public instruction, shall take effect
only if formally authorized by the legislature through the omnibus
appropriations act or other enacted legislation.
(4) The state board of education shall develop a proposal and
implementation timeline for a more formalized comprehensive system
improvement targeted to challenged schools and districts that have not
demonstrated sufficient improvement through the voluntary system. The
timeline must take into account and accommodate capacity limitations of
the K-12 educational system. The proposal and timeline shall be
submitted to the education committees of the legislature by December 1,
2012, and shall include recommended legislation and recommended
resources to implement the system according to the timeline developed.
The proposal shall take effect only if formally authorized by the
legislature through the omnibus appropriations act or other enacted
legislation.
(5) In coordination with the superintendent of public instruction,
the state board of education shall seek approval from the United States
department of education for use of the accountability index and the
state system of support, assistance, and potential intervention, to
replace the federal accountability system under P.L. 107-110, the no
child left behind act of 2001.
(6) The state board of education shall work with the education data
center established within the office of financial management and the
technical working group established in section 111 of this act to
determine the feasibility of using the prototypical funding allocation
model as not only a tool for allocating resources to schools and
districts but also as a tool for schools and districts to report to the
state legislature and the state board of education on how the state
resources received are being used.
NEW SECTION. Sec. 401 A new section is added to chapter 43.41
RCW to read as follows:
(1) The legislature recognizes that providing students with the
opportunity to access a world-class educational system depends on our
continuing ability to provide students with access to world-class
educators. The legislature also understands that continuing to attract
and retain the highest quality educators will require increased
investments. The legislature intends to enhance the current salary
allocation model and recognizes that changes to the current model
cannot be imposed without great deliberation and input from teachers,
administrators, and classified employees. Therefore, it is the intent
of the legislature to begin the process of developing an enhanced
salary allocation model that is collaboratively designed to ensure the
rationality of any conclusions regarding what constitutes adequate
compensation.
(2) Beginning July 1, 2011, the office of financial management
shall convene a technical working group to recommend the details of an
enhanced salary allocation model that aligns state expectations for
educator development and certification with the compensation system and
establishes recommendations for a concurrent implementation schedule.
In addition to any other details the technical working group deems
necessary, the technical working group shall make recommendations on
the following:
(a) How to reduce the number of tiers within the existing salary
allocation model;
(b) How to account for labor market adjustments;
(c) The role of and types of bonuses available;
(d) Ways to accomplish salary equalization over a set number of
years; and
(e) Initial fiscal estimates for implementing the recommendations
including a recognition that staff on the existing salary allocation
model would have the option to grandfather in permanently to the
existing schedule.
(3) As part of its work, the technical working group shall conduct
or contract for a preliminary comparative labor market analysis of
salaries and other compensation for school district employees to be
conducted and shall include the results in any reports to the
legislature. For the purposes of this subsection, "salaries and other
compensation" includes average base salaries, average total salaries,
average employee basic benefits, and retirement benefits.
(4) The analysis required under subsection (1) of this section
must:
(a) Examine salaries and other compensation for teachers, other
certificated instructional staff, principals, and other building-level
certificated administrators, and the types of classified employees for
whom salaries are allocated;
(b) Be calculated at a statewide level that identifies labor
markets in Washington through the use of data from the United States
bureau of the census and the bureau of labor statistics; and
(c) Include a comparison of salaries and other compensation to the
appropriate labor market for at least the following subgroups of
educators: Beginning teachers and types of educational staff
associates.
(5) The working group shall include representatives of the
department of personnel, the professional educator standards board, the
office of the superintendent of public instruction, the Washington
education association, the Washington association of school
administrators, the association of Washington school principals, the
Washington state school directors' association, the public school
employees of Washington, and other interested stakeholders with
appropriate expertise in compensation related matters. The working
group may convene advisory subgroups on specific topics as necessary to
assure participation and input from a broad array of diverse
stakeholders.
(6) The working group shall be monitored and overseen by the
legislature as established in section 3 of this act. The working group
shall make an initial report to the legislature by December 1, 2012,
and shall include in its report recommendations for whether additional
further work of the group is necessary.
NEW SECTION. Sec. 501 A new section is added to chapter 28A.500
RCW to read as follows:
(2) However, the value of permitting local levies must be balanced
with the value of equity and fairness to students and to taxpayers,
neither of whom should be unduly disadvantaged due to differences in
the tax bases used to support local levies. Equity and fairness
require both an equitable basis for supplemental funding outside basic
education and a mechanism for property tax-poor school districts to
fairly access supplemental funding. As such, local effort assistance,
while also outside the state's obligation for basic education, is
another important component of school finance.
NEW SECTION. Sec. 502
(2) The working group shall consider the impact on overall school
district revenues of the new basic education funding system established
under this act and shall recommend a phase-in plan that ensures that no
school district suffers a decrease in funding from one school year to
the next due to implementation of the new system of supplemental
funding.
(3) The working group shall be composed of representatives from the
department of revenue, the legislative evaluation and accountability
program committee, school district and educational service district
financial managers, and representatives of the Washington association
of school business officers, the Washington education association, the
Washington association of school administrators, the association of
Washington school principals, the Washington state school directors'
association, the public school employees of Washington, and other
interested stakeholders with expertise in education finance. The
working group may convene advisory subgroups on specific topics as
necessary to assure participation and input from a broad array of
diverse stakeholders.
(4) The local funding working group shall be monitored and overseen
by the legislature as established in section 3 of this act. The
working group shall report to the legislature December 1, 2011.
Sec. 601 RCW 28A.165.005 and 2004 c 20 s 1 are each amended to
read as follows:The learning assistance program requirements
in)) This chapter ((are)) is designed to: (1) Promote the use of
assessment data when developing programs to assist underachieving
students; and (2) guide school districts in providing the most
effective and efficient practices when implementing ((programs))
supplemental instruction and services to assist underachieving
students. ((Further, this chapter provides the means by which a school
district becomes eligible for learning assistance program funds and the
distribution of those funds.))
Sec. 602 RCW 28A.165.015 and 2004 c 20 s 2 are each amended to
read as follows:
(1) "Approved program" means a program submitted to and approved by
the office of the superintendent of public instruction and conducted
pursuant to the plan that addresses the required elements as provided
for in this chapter.
(2) "Basic skills areas" means reading, writing, and mathematics as
well as readiness associated with these skills.
(3) "Participating student" means a student in kindergarten through
grade ((eleven who scores below standard for his or her grade level on
the statewide assessments and who is identified in the approved plan to
receive services. Beginning with the 2007-2008 school year,
"participating student" means a student in kindergarten through grade))
twelve who scores below standard for his or her grade level on the
statewide assessments and who is identified in the approved plan to
receive services.
(4) "Statewide assessments" means one or more of the several basic
skills assessments administered as part of the state's student
assessment system, and assessments in the basic skills areas
administered by local school districts.
(5) "Underachieving students" means students with the greatest
academic deficits in basic skills as identified by the statewide
assessments.
Sec. 603 RCW 28A.165.055 and 2008 c 321 s 10 are each amended to
read as follows:(1))) Each school district with an approved
program is eligible for state funds provided for the learning
assistance program. The funds shall be appropriated for the learning
assistance program in accordance with RCW 28A.150.260 and the
((biennial)) omnibus appropriations act. The distribution formula is
for school district allocation purposes only, but funds appropriated
for the learning assistance program must be expended for the purposes
of RCW 28A.165.005 through 28A.165.065. ((The distribution formula
shall be based on one or more family income factors measuring economic
need.))
(2) In addition to the funds allocated to eligible school districts
on the basis of family income factors, enhanced funds shall be
allocated for school districts where more than twenty percent of
students are eligible for and enrolled in the transitional bilingual
instruction program under chapter 28A.180 RCW as provided in this
subsection. The enhanced funding provided in this subsection shall
take effect beginning in the 2008-09 school year.
(a) If, in the prior school year, a district's percent of October
headcount student enrollment in grades kindergarten through twelve who
are enrolled in the transitional bilingual instruction program, based
on an average of the program headcount taken in October and May,
exceeds twenty percent, twenty percent shall be subtracted from the
district's percent transitional bilingual instruction program
enrollment and the resulting percent shall be multiplied by the
district's kindergarten through twelve annual average full-time
equivalent enrollment for the prior school year.
(b) The number calculated under (a) of this subsection shall be the
number of additional funded students for purposes of this subsection,
to be multiplied by the per-funded student allocation rates specified
in the omnibus appropriations act.
(c) School districts are only eligible for the enhanced funds under
this subsection if their percentage of October headcount enrollment in
grades kindergarten through twelve eligible for free or reduced-price
lunch exceeded forty percent in the prior school year.
Sec. 604 RCW 28A.180.010 and 1990 c 33 s 163 are each amended to
read as follows:, and to provide supplemental financial assistance to
school districts to meet the extra costs of these programs)).
Sec. 605 RCW 28A.180.080 and 1995 c 335 s 601 are each amended to
read as follows:The superintendent of public instruction shall
prepare and submit biennially to the governor and the legislature a
budget request for bilingual instruction programs.)) Moneys
appropriated by the legislature for the purposes of RCW 28A.180.010
through 28A.180.080 shall be allocated by the superintendent of public
instruction to school districts for the sole purpose of operating an
approved bilingual instruction program((; priorities for funding shall
exist for the early elementary grades. No moneys shall be allocated
pursuant to this section to fund more than three school years of
bilingual instruction for each eligible pupil within a district:
PROVIDED, That such moneys may be allocated to fund more than three
school years of bilingual instruction for any pupil who fails to
demonstrate improvement in English language skills adequate to remove
impairment of learning when taught only in English. The superintendent
of public instruction shall set standards and approve a test for the
measurement of such English language skills)).
Sec. 606 RCW 28A.225.200 and 1990 c 33 s 234 are each amended to
read as follows::
PROVIDED, That)). Notwithstanding any other provision of law, the
amount to be paid by the state to the resident school district for
apportionment purposes and otherwise payable pursuant to RCW
((28A.150.100,)) 28A.150.250 through 28A.150.290, 28A.150.350 through
28A.150.410, 28A.160.150 through 28A.160.200, ((28A.160.220))
28A.300.035, and 28A.300.170((, and 28A.500.010)) shall not be greater
than the regular apportionment for each high school student of the
receiving district. Such authorization may be extended for an
additional year at the discretion of the educational service district
superintendent.
(2) Subsection (1) of this section shall not apply to districts
participating in a cooperative project established under RCW
28A.340.030 which exceeds two years in duration.
NEW SECTION. Sec. 607 The following acts or parts of acts are
each repealed:
(1) RCW 28A.150.030 (School day) and 1971 ex.s. c 161 s 1 & 1969
ex.s. c 223 s 28A.01.010;
(2) RCW 28A.150.060 (Certificated employee) and 2005 c 497 s 212,
1990 c 33 s 102, 1977 ex.s. c 359 s 17, 1975 1st ex.s. c 288 s 21, &
1973 1st ex.s. c 105 s 1;
(3) RCW 28A.150.100 (Basic education certificated instructional
staff -- Definition -- Ratio to students) and 1990 c 33 s 103 & 1987 1st
ex.s. c 2 s 203;
(4) RCW 28A.150.040 (School year -- Beginning -- End) and 1990 c 33 s
101, 1982 c 158 s 5, 1977 ex.s. c 286 s 1, 1975-'76 2nd ex.s. c 118 s
22, & 1969 ex.s. c 223 s 28A.01.020;
(5) RCW 28A.150.370 (Additional programs for which legislative
appropriations must or may be made) and 1995 c 335 s 102, 1995 c 77 s
5, 1990 c 33 s 114, 1982 1st ex.s. c 24 s 1, & 1977 ex.s. c 359 s 7;
and
(6) RCW 28A.155.180 (Safety net funds--Application--Technical
assistance--Annual survey) and 2007 c 400 s 8.
NEW SECTION. Sec. 701 Part headings and captions used in this
act are not any part of the law.
NEW SECTION. Sec. 702 Sections 1, 3, 102, and 108 of this act
are each added to chapter
NEW SECTION. Sec. 703 Sections 101 through 109 and 601 through
607 of this act take effect September 1, 2011.
NEW SECTION. Sec. 704 If any provision of this act or its
application to any person or circumstance is held invalid, the
remainder of the act or the application of the provision to other
persons or circumstances is not affected.