BILL REQ. #:  Z-1014.1 

Read first time 01/15/10.   Referred to Committee on Early Learning & K-12 Education.

     AN ACT Relating to transferring the state school for the blind, the Washington state center for childhood deafness and hearing loss, and the associated boards of trustees to the office of the superintendent of public instruction; amending RCW 72.40.010, 72.40.015, 72.40.019, 72.40.020, 72.40.022, 72.40.024, 72.40.028, 72.40.031, 72.40.040, 72.40.050, 72.40.070, 72.40.210, 72.40.220, 72.40.250, 72.40.280, 72.41.010, 72.41.020, 72.41.040, 72.42.010, 72.42.021, and 72.42.041; adding new sections to chapter 28A.155 RCW; creating new sections; recodifying RCW 72.40.010, 72.40.015, 72.40.019, 72.40.0191, 72.40.020, 72.40.022, 72.40.024, 72.40.028, 72.40.031, 72.40.040, 72.40.050, 72.40.060, 72.40.070, 72.40.080, 72.40.090, 72.40.100, 72.40.110, 72.40.200, 72.40.210, 72.40.220, 72.40.230, 72.40.240, 72.40.250, 72.40.260, 72.40.270, 72.40.280, 72.41.010, 72.41.020, 72.41.025, 72.41.030, 72.41.040, 72.41.060, 72.41.070, 72.42.010, 72.42.021, 72.42.031, 72.42.041, 72.42.060, and 72.42.070; repealing RCW 72.40.120, 72.41.015, 72.42.015, and 72.42.016; and providing an effective date.

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

NEW SECTION.  Sec. 101   A new section is added to chapter 28A.155 RCW under the subchapter heading "state school for the blind and state center for childhood deafness and hearing loss" to read as follows:
     The definitions in this section apply throughout this subchapter, the subchapter "Board of trustees--School for the blind" created in section 204 of this act, and the subchapter "Board of trustees--Center for childhood deafness and hearing loss" created in section 304 of this act unless the context clearly requires otherwise.
     (1) "Assistant superintendent of the center" means the assistant superintendent of the Washington state center for childhood deafness and hearing loss, formerly called the director of the Washington state center for childhood deafness and hearing loss.
     (2) "Assistant superintendent of the school for the blind" means the assistant superintendent for the state school for the blind, formerly called the superintendent of the state school for the blind.
     (3) "Center" means the Washington state center for childhood deafness and hearing loss serving the local school districts across the state.
     (4) "School" means the Washington state residential school for the deaf located in Vancouver, Washington.
     (5) "Superintendent" means the superintendent of public instruction.

Sec. 102   RCW 72.40.010 and 2009 c 381 s 3 are each amended to read as follows:
     There are established at Vancouver, Clark county, a school which shall be known as the state school for the blind, and a separate school which shall be known as the state school for the deaf. The primary purpose of the state school for the blind and the state school for the deaf is to educate and train hearing and visually impaired children. The state school for the blind and the state school for the deaf shall be programs under the office of the superintendent of public instruction.
     The school for the blind shall be under the direction of the assistant superintendent of the school for the blind with the advice of the board of trustees. The school for the deaf shall be under the direction of the ((director)) assistant superintendent of the center or the ((director's)) assistant superintendent's designee and the board of trustees.

Sec. 103   RCW 72.40.015 and 2009 c 381 s 2 are each amended to read as follows:
     (1) The Washington state center for childhood deafness and hearing loss is established to provide statewide leadership for the coordination and delivery of educational services to children who are deaf or hard of hearing. The activities of the center shall be under the authority of the director and the board of trustees. ((The superintendent and board of trustees of the state school for the deaf as of July 26, 2009, shall be)) Effective July 1, 2010, the director and board of trustees of the center shall be the assistant superintendent of the center and the board of trustees.
     (2) The center's primary functions are:
     (a) Managing and directing the supervision of the state school for the deaf;
     (b) Providing statewide leadership and support for the coordination of regionally delivered educational services in the full range of communication modalities, for children who are deaf or hard of hearing; and
     (c) Collaborating with appropriate public and private partners for the training and professional development of educators serving children who are deaf or hard of hearing.

Sec. 104   RCW 72.40.019 and 2009 c 381 s 4 are each amended to read as follows:
     The ((governor)) superintendent shall appoint ((a director for the Washington state center for childhood deafness and hearing loss)) an assistant superintendent of the center. The ((director)) assistant superintendent of the center shall have a master's or higher degree from an accredited college or university in school administration or deaf education, five or more years of experience teaching or providing habilitative services to deaf or hard of hearing students, and three or more years administrative or supervisory experience in programs for deaf or hard of hearing students.

Sec. 105   RCW 72.40.020 and 1985 c 378 s 13 are each amended to read as follows:
     The ((governor)) superintendent shall appoint ((a)) an assistant superintendent ((for)) of the ((state)) school for the blind. The assistant superintendent shall have a master's degree from an accredited college or university in school administration or blind education, five years of experience teaching blind students in the classroom, and three years administrative or supervisory experience in programs for blind students.

Sec. 106   RCW 72.40.022 and 2002 c 209 s 2 are each amended to read as follows:
     In addition to any other powers and duties prescribed by law, the assistant superintendent of the ((state)) school for the blind:
     (1) Shall have full control of the school and the property of various kinds((.));
     (2) May establish criteria, in addition to state certification, for teachers at the school((.));
     (3) Shall employ members of the faculty, administrative officers, and other employees, who shall all be subject to chapter 41.06 RCW, the state civil service law, unless specifically exempted by other provisions of law((.));
     (4) Shall establish the course of study including vocational training, with the assistance of the faculty and the advice of the board of trustees((.));
     (5) May establish new facilities as needs demand((.));
     (6) May adopt rules, under chapter 34.05 RCW, as deemed necessary for the government, management, and operation of the housing facilities((.));
     (7) Shall control the use of the facilities and authorize the use of the facilities for night school, summer school, public meetings, or other purposes consistent with the purposes of the school((.));
     (8) May adopt rules for pedestrian and vehicular traffic on property owned, operated, and maintained by the school((.));
     (9) Shall purchase all supplies and lease or purchase equipment and other personal property needed for the operation or maintenance of the school((.));
     (10) Except as otherwise provided by law, may enter into contracts as the assistant superintendent deems essential to the purpose of the school((.));
     (11) May receive gifts, grants, conveyances, devises, and bequests of real or personal property from whatever source, as may be made from time to time, in trust or otherwise, whenever the terms and conditions will aid in carrying out the programs of the school; sell, lease or exchange, invest, or expend the same or the proceeds, rents, profits, and income thereof except as limited by the terms and conditions thereof; and adopt rules to govern the receipt and expenditure of the proceeds, rents, profits, and income thereof((.));
     (12) May, except as otherwise provided by law, enter into contracts the assistant superintendent deems essential for the operation of the school((.));
     (13) May adopt rules providing for the transferability of employees between the ((school for the deaf)) center and the school for the blind consistent with collective bargaining agreements in effect((.));
     (14) Shall prepare and administer the school's budget consistent with RCW 43.88.160 and the budget and accounting act, chapter 43.88 RCW generally, as applicable((.)); and
     (15) May adopt rules under chapter 34.05 RCW and perform all other acts not forbidden by law as the assistant superintendent deems necessary or appropriate to the administration of the school.

Sec. 107   RCW 72.40.024 and 2009 c 381 s 6 are each amended to read as follows:
     In addition to the powers and duties under RCW 72.40.022 and 72.40.0191 (as recodified by this act), the assistant superintendent of the school for the blind and the ((director)) assistant superintendent of the ((Washington state)) center ((for childhood deafness and hearing loss, or the director's designee,)) shall:
     (1) Monitor the location and educational placement of each student reported to the assistant superintendents ((and the director, or the director's designee,)) by the educational service district superintendents;
     (2) Provide information about educational programs, instructional techniques, materials, equipment, and resources available to students with visual or auditory impairments to the parent or guardian, educational service district superintendent, and the superintendent of the school district where the student resides; and
     (3) ((Serve as a consultant)) Provide information and expertise to the office of the superintendent ((of public instruction)), provide instructional leadership, and assist school districts in improving their instructional programs for students with visual or hearing impairments.

Sec. 108   RCW 72.40.028 and 2009 c 381 s 7 are each amended to read as follows:
     All teachers employed by the ((Washington state)) center ((for childhood deafness and hearing loss)) and the state school for the blind shall meet all certification requirements and the programs shall meet all accreditation requirements and conform to the standards defined by law or by rule of the Washington professional educator standards board or the office of the ((state)) superintendent ((of public instruction)). The assistant superintendent of the school for the blind and the ((director)) assistant superintendent of the center, by rule, may adopt additional educational standards for their respective facilities. Salaries of all certificated employees shall be set so as to conform to and be contemporary with salaries paid to other certificated employees of similar background and experience in the school district in which the program or facility is located. The assistant superintendent of the school for the blind and the ((director)) assistant superintendent of the center may provide for provisional certification for teachers in their respective facilities including certification for emergency, temporary, substitute, or provisional duty.

Sec. 109   RCW 72.40.031 and 2009 c 381 s 12 are each amended to read as follows:
     The school year for the state school for the blind and the state school for the deaf shall commence on the first day of July of each year and shall terminate on the 30th day of June of the succeeding year. The regular school term shall be for a period of nine months and shall commence as near as reasonably practical at the time of the commencement of regular terms in other public schools, with the equivalent number of days as are now required by law, and the ((regulations)) rules of the superintendent ((of public instruction as now or hereafter amended)), during the school year in other public schools. The school and the center shall observe all legal holidays, in the same manner as other agencies of state government, and will not be in session on such days and such other days as may be approved by the assistant superintendent of the school for the blind or the ((director)) assistant superintendent of the center. During the period when the schools are not in session during the regular school term, schools may be operated, subject to the approval of the assistant superintendent of the school for the blind or the ((director or the director's designee)) assistant superintendent of the center, for the instruction of students or for such other reasons which are in furtherance of the objects and purposes of the respective facilities.

Sec. 110   RCW 72.40.040 and 2000 c 125 s 8 are each amended to read as follows:
     (1) The schools shall be free to residents of the state between the ages of three and twenty-one years, who are blind/visually impaired or deaf/hearing impaired, or with other disabilities where a vision or hearing disability is the major need for services.
     (2) The schools may provide nonresidential services to children ages birth through three who meet the eligibility criteria in this section, subject to available funding.
     (3) Each school shall admit and retain students on a space available basis according to criteria developed and published by each school assistant superintendent in consultation with each board of trustees and school faculty: PROVIDED, That students over the age of twenty-one years, who are otherwise qualified may be retained at the school, if in the discretion of the assistant superintendent in consultation with the faculty they are proper persons to receive further training given at the school and the facilities are adequate for proper care, education, and training.
     (4) The admission and retention criteria developed and published by each school assistant superintendent shall contain a provision allowing the schools to refuse to admit or retain a student who is an adjudicated sex offender except that the schools shall not admit or retain a student who is an adjudicated level III sex offender as provided in RCW 13.40.217(3).

Sec. 111   RCW 72.40.050 and 2000 c 125 s 9 are each amended to read as follows:
     (1) The assistant superintendents may admit to their respective schools visually or hearing impaired children from other states as appropriate, but the parents or guardians of such children or other state will be required to pay annually or quarterly in advance a sufficient amount to cover the cost of maintaining and educating such children as set by the applicable assistant superintendent.
     (2) The admission and retention criteria developed and published by each school assistant superintendent shall contain a provision allowing the schools to refuse to admit or retain a nonresident student who is an adjudicated sex offender, or the equivalent under the laws of the state in which the student resides, except that the schools shall not admit or retain a nonresident student who is an adjudicated level III sex offender or the equivalent under the laws of the state in which the student resides.

Sec. 112   RCW 72.40.070 and 2009 c 381 s 18 are each amended to read as follows:
     It shall be the duty of each educational service district to make a full and specific report of visually impaired or deaf or hard of hearing youth to the assistant superintendent of the school for the blind or the ((director)) assistant superintendent of the ((Washington state)) center ((for childhood deafness and hearing loss, or the director's designee,)) as the case may be and the superintendent ((of public instruction)), annually. The superintendent ((of public instruction)) shall ((report)) provide information about the deaf or hard of hearing or visually impaired youth to the school for the blind and the ((Washington state)) center ((for childhood deafness and hearing loss)), as the case may be, annually.

Sec. 113   RCW 72.40.210 and 2009 c 381 s 10 are each amended to read as follows:
     The ((director)) assistant superintendent of the ((Washington state)) center ((for childhood deafness and hearing loss)) and the assistant superintendent of the ((state)) school for the blind ((or their designees)) shall immediately report to the persons indicated the following events:
     (1) To the child's parent, custodian, or guardian:
     (a) The death of the child;
     (b) Hospitalization of a child in attendance or residence at the facility;
     (c) Allegations of child abuse or neglect in which the parent's child in attendance or residence at the facility is the alleged victim;
     (d) Allegations of physical or sexual abuse in which the parent's child in attendance or residence at the facility is the alleged perpetrator;
     (e) Life-threatening illness;
     (f) The attendance at the facility of any child who is a registered sex offender under RCW 9A.44.130 as permitted by RCW 4.24.550.
     (2) Notification to the parent shall be made by the means most likely to be received by the parent. If initial notification is made by telephone, such notification shall be followed by notification in writing within forty-eight hours after the initial verbal contact is made.

Sec. 114   RCW 72.40.220 and 2009 c 381 s 19 are each amended to read as follows:
     (1) The ((director)) assistant superintendent of the ((Washington state)) center ((for childhood deafness and hearing loss, or the director's designee,)) and the assistant superintendent of the ((state)) school for the blind shall maintain in writing and implement behavior management policies and procedures that accomplish the following:
     (a) Support the child's appropriate social behavior, self-control, and the rights of others;
     (b) Foster dignity and self-respect for the child;
     (c) Reflect the ages and developmental levels of children in care.
     (2) The state school for the deaf and the state school for the blind shall use proactive, positive behavior support techniques to manage potential child behavior problems. These techniques shall include but not be limited to:
     (a) Organization of the physical environment and staffing patterns to reduce factors leading to behavior incidents;
     (b) Intervention before behavior becomes disruptive, in the least invasive and least restrictive manner available;
     (c) Emphasis on verbal deescalation to calm the upset child;
     (d) Redirection strategies to present the child with alternative resolution choices.

Sec. 115   RCW 72.40.250 and 2009 c 381 s 20 are each amended to read as follows:
     In addition to the powers and duties under RCW 72.40.022 and 72.40.024 (as recodified by this act), the ((director)) assistant superintendent of the ((Washington state)) center ((for childhood deafness and hearing loss, or the director's designee,)) and the assistant superintendent of the state school for the blind shall:
     (1) Develop written procedures for the supervision of employees and volunteers who have the potential for contact with students. Such procedures shall be designed to prevent child abuse and neglect by providing for adequate supervision of such employees and volunteers, taking into consideration such factors as the student population served, architectural factors, and the size of the facility. Such procedures shall include, but need not be limited to, the following:
     (a) Staffing patterns and the rationale for such;
     (b) Responsibilities of supervisors;
     (c) The method by which staff and volunteers are made aware of the identity of all supervisors, including designated on-site supervisors;
     (d) Provision of written supervisory guidelines to employees and volunteers;
     (e) Periodic supervisory conferences for employees and volunteers; and
     (f) Written performance evaluations of staff to be conducted by supervisors in a manner consistent with applicable provisions of the civil service law.
     (2) Develop written procedures for the protection of students when there is reason to believe an incident has occurred which would render a minor student an abused or neglected child within the meaning of RCW 26.44.020. Such procedures shall include, but need not be limited to, the following:
     (a) Investigation. Immediately upon notification that a report of child abuse or neglect has been made to the department of social and health services or a law enforcement agency, the assistant superintendent of the school for the blind or the ((director, or the director's designee,)) assistant superintendent of the center shall:
     (i) Preserve any potential evidence through such actions as securing the area where suspected abuse or neglect occurred;
     (ii) Obtain proper and prompt medical evaluation and treatment, as needed, with documentation of any evidence of abuse or neglect; and
     (iii) Provide necessary assistance to the department of social and health services and local law enforcement in their investigations;
     (b) Safety. Upon notification that a report of suspected child abuse or neglect has been made to the department of social and health services or a law enforcement agency, the assistant superintendent of the school for the blind or the ((director or his or her designee)) assistant superintendent of the center, with consideration for causing as little disruption as possible to the daily routines of the students, shall evaluate the situation and immediately take appropriate action to assure the health and safety of the students involved in the report and of any other students similarly situated, and take such additional action as is necessary to prevent future acts of abuse or neglect. Such action may include:
     (i) Consistent with federal and state law:
     (A) Removing the alleged perpetrator from the school;
     (B) Increasing the degree of supervision of the alleged perpetrator; and
     (C) Initiating appropriate disciplinary action against the alleged perpetrator;
     (ii) Provision of increased training and increased supervision to volunteers and staff pertinent to the prevention and remediation of abuse and neglect;
     (iii) Temporary removal of the students from a program and reassignment of the students within the school, as an emergency measure, if it is determined that there is a risk to the health or safety of such students in remaining in that program. Whenever a student is removed, pursuant to this subsection (2)(b)(iii), from a special education program or service specified in his or her individualized education program, the action shall be reviewed in an individualized education program meeting; and
     (iv) Provision of counseling to the students involved in the report or any other students, as appropriate;
     (c) Corrective action plans. Upon receipt of the results of an investigation by the department of social and health services pursuant to a report of suspected child abuse or neglect, the assistant superintendent of the school for the blind or the ((director, or the director's designee)) assistant superintendent of the center, after consideration of any recommendations by the department of social and health services for preventive and remedial action, shall implement a written plan of action designed to assure the continued health and safety of students and to provide for the prevention of future acts of abuse or neglect.

Sec. 116   RCW 72.40.280 and 2009 c 381 s 21 are each amended to read as follows:
     (1) The department of social and health services must periodically monitor the residential program at the state school for the deaf, including but not limited to examining the residential-related policies and procedures as well as the residential facilities. The department of social and health services must make recommendations to the ((director)) assistant superintendent of the center and the board of trustees of the center or its successor board on health and safety improvements related to child safety and well-being. The department of social and health services must conduct the monitoring reviews at least annually. The ((director or the director's designee)) assistant superintendent of the center may from time to time request technical assistance from the department of social and health services.
     (2) The department of social and health services must conduct a comprehensive child health and safety review, as defined in rule, of the residential program at the state school for the deaf every three years.
     (3) The state school for the deaf must provide the department of social and health services' staff with full and complete access to all records and documents that the department staff may request to carry out the requirements of this section. The department of social and health services must have full and complete access to all students and staff of the state school for the deaf to conduct interviews to carry out the requirements of this section.
     (4) For the purposes of this section, the department of social and health services must use the safety standards established in this chapter when conducting the reviews.

NEW SECTION.  Sec. 117   The following sections are recodified as sections in chapter 28A.155 RCW under the subchapter heading "state school for the blind and state center for childhood deafness and hearing loss":
     RCW 72.40.010
     RCW 72.40.015
     RCW 72.40.019
     RCW 72.40.0191
     RCW 72.40.020
     RCW 72.40.022
     RCW 72.40.024
     RCW 72.40.028
     RCW 72.40.031
     RCW 72.40.040
     RCW 72.40.050
     RCW 72.40.060
     RCW 72.40.070
     RCW 72.40.080
     RCW 72.40.090
     RCW 72.40.100
     RCW 72.40.110
     RCW 72.40.200
     RCW 72.40.210
     RCW 72.40.220
     RCW 72.40.230
     RCW 72.40.240
     RCW 72.40.250
     RCW 72.40.260
     RCW 72.40.270
     RCW 72.40.280

NEW SECTION.  Sec. 118   RCW 72.40.120 (Center for childhood deafness and hearing loss -- School for the blind -- Appropriations) and 2009 c 381 s 8 & 1991 c 65 s 1 are each repealed.

NEW SECTION.  Sec. 119   (1) The powers, duties, and functions of the state school for the blind are hereby transferred to the office of the superintendent of public instruction. All references to the superintendent or the state school for the blind in the Revised Code of Washington shall be construed to mean the assistant supervisor of the school for the blind or the office of the superintendent of public instruction.
     (2)(a) All reports, documents, surveys, books, records, files, papers, or written material in the possession of the state school for the blind shall be delivered to the custody of the office of the superintendent of public instruction. All cabinets, furniture, office equipment, motor vehicles, and other tangible property employed by the state school for the blind shall be made available to the office of the superintendent of public instruction. All funds, credits, or other assets held by the state school for the blind shall be assigned to the office of the superintendent of public instruction.
     (b) Any appropriations made to the state school for the blind shall, on the effective date of this section, be transferred and credited to the office of the superintendent of public instruction.
     (c) If any question arises as to the transfer of any personnel, funds, books, documents, records, papers, files, equipment, or other tangible property used or held in the exercise of the powers and the performance of the duties and functions transferred, the director of financial management shall make a determination as to the proper allocation and certify the same to the state agencies concerned.
     (3) All employees of the state school for the blind are transferred to the jurisdiction of the office of the superintendent of public instruction. All employees classified under chapter 41.06 RCW, the state civil service law, are assigned to the office of the superintendent of public instruction to perform their usual duties upon the same terms as formerly, without any loss of rights, subject to any action that may be appropriate thereafter in accordance with the laws and rules governing state civil service.
     (4) All rules and all pending business before the state school for the blind shall be continued and acted upon by the office of the superintendent of public instruction. All existing contracts and obligations shall remain in full force and shall be performed by the office of the superintendent of public instruction.
     (5) The transfer of the powers, duties, functions, and personnel of the state school for the blind shall not affect the validity of any act performed before the effective date of this section.
     (6) If apportionments of budgeted funds are required because of the transfers directed by this section, the director of financial management shall certify the apportionments to the agencies affected, the state auditor, and the state treasurer. Each of these shall make the appropriate transfer and adjustments in funds and appropriation accounts and equipment records in accordance with the certification.
     (7) The existing bargaining units shall be transferred in their entirety without the merging of other bargaining units or the inclusion of employees from other bargaining units. Nothing contained in this section may be construed to alter any of the existing collective bargaining units unless and until the bargaining unit has been modified by action of the public employment relations commission as provided by law. Therefore, the certification of the existing bargaining units shall remain. However, the public employment relations commission may, upon request, amend the certification to reflect the name of the new agency. Nothing in this section may be construed to alter the provisions of any existing collective bargaining agreement until the agreement has expired. The existing bargaining units of employees transferred under this section shall continue to be subject to the provisions of chapter 41.80 RCW.

NEW SECTION.  Sec. 120   (1) The powers, duties, and functions of the center for childhood deafness and hearing loss are hereby transferred to the office of the superintendent of public instruction. All references to the director or the center for childhood deafness and hearing loss in the Revised Code of Washington shall be construed to mean the assistant superintendent of the Washington state center for childhood deafness and hearing loss or the office of the superintendent of public instruction.
     (2)(a) All reports, documents, surveys, books, records, files, papers, or written material in the possession of the center for childhood deafness and hearing loss shall be delivered to the custody of the office of the superintendent of public instruction. All cabinets, furniture, office equipment, motor vehicles, and other tangible property employed by the center for childhood deafness and hearing loss shall be made available to the office of the superintendent of public instruction. All funds, credits, or other assets held by the center for childhood deafness and hearing loss shall be assigned to the office of the superintendent of public instruction.
     (b) Any appropriations made to the center for childhood deafness and hearing loss shall, on the effective date of this section, be transferred and credited to the office of the superintendent of public instruction.
     (c) If any question arises as to the transfer of any personnel, funds, books, documents, records, papers, files, equipment, or other tangible property used or held in the exercise of the powers and the performance of the duties and functions transferred, the director of financial management shall make a determination as to the proper allocation and certify the same to the state agencies concerned.
     (3) All employees of the center for childhood deafness and hearing loss are transferred to the jurisdiction of the office of the superintendent of public instruction. All employees classified under chapter 41.06 RCW, the state civil service law, are assigned to the office of the superintendent of public instruction to perform their usual duties upon the same terms as formerly, without any loss of rights, subject to any action that may be appropriate thereafter in accordance with the laws and rules governing state civil service.
     (4) All rules and all pending business before the center for childhood deafness and hearing loss shall be continued and acted upon by the office of the superintendent of public instruction. All existing contracts and obligations shall remain in full force and shall be performed by the office of the superintendent of public instruction.
     (5) The transfer of the powers, duties, functions, and personnel of the center for childhood deafness and hearing loss shall not affect the validity of any act performed before the effective date of this section.
     (6) If apportionments of budgeted funds are required because of the transfers directed by this section, the director of financial management shall certify the apportionments to the agencies affected, the state auditor, and the state treasurer. Each of these shall make the appropriate transfer and adjustments in funds and appropriation accounts and equipment records in accordance with the certification.
     (7) The existing bargaining units shall be transferred in their entirety without the merging of other bargaining units or the inclusion of employees from other bargaining units. Nothing contained in this section may be construed to alter any of the existing collective bargaining units unless and until the bargaining unit has been modified by action of the public employment relations commission as provided by law. Therefore, the certification of the existing bargaining units shall remain. However, the public employment relations commission may, upon request, amend the certification to reflect the name of the new agency. Nothing in this section may be construed to alter the provisions of any existing collective bargaining agreement until the agreement has expired. The existing bargaining units of employees transferred under this section shall continue to be subject to the provisions of chapter 41.80 RCW.

Sec. 201   RCW 72.41.010 and 1985 c 378 s 28 are each amended to read as follows:
     It is the intention of the legislature in creating a board of trustees for the state school for the blind to perform the duties set forth in this chapter, that the board of trustees perform needed advisory services to the legislature and to the assistant superintendent of the ((Washington state)) school for the blind, in the development of programs for the visually impaired, and in the operation of the Washington state school for the blind.

Sec. 202   RCW 72.41.020 and 1993 c 147 s 7 are each amended to read as follows:
     There is hereby created a board of trustees for the state school for the blind to be composed of a resident from each of the state's congressional districts now or hereafter existing. Trustees with voting privileges shall be appointed by the ((governor with the consent of the senate)) superintendent. A representative of the parent-teachers association of the Washington state school for the blind, a representative of the Washington council of the blind, a representative of the national federation of the blind of Washington, one representative designated by the teacher association of the Washington state school for the blind, and a representative of the classified staff designated by his or her exclusive bargaining representative shall each be ex officio and nonvoting members of the board of trustees and shall serve during their respective tenures in such positions.
     Trustees shall be appointed by the ((governor)) superintendent to serve for a term of five years except that any person appointed to fill a vacancy occurring prior to the expiration of any term shall be appointed within sixty days of the vacancy and appointed only for the remainder of the term.
     One trustee shall be a resident and qualified elector from each of the state's congressional districts. The board shall not be deemed to be unlawfully constituted and a trustee shall not be deemed ineligible to serve the remainder of the trustee's unexpired term on the board solely by reason of the establishment of new or revised boundaries for congressional districts. No voting trustee may be an employee of the state school for the blind, a member of the board of directors of any school district, a member of the governing board of any public or private educational institution, a school district or educational service district administrator, appointed after July 1, 1986, or an elected officer or member of the legislative authority or any municipal corporation.
     The board of trustees shall organize itself by electing a ((chairman)) chair from its members. The board shall adopt a seal and may adopt such bylaws((,)) and rules((, and regulations)) as it deems necessary for its own government. A majority of the voting members of the board in office shall constitute a quorum, but a lesser number may convene from time to time and may compel the attendance of absent members in such manner as prescribed in its bylaws((,)) or rules((, or regulations)). The assistant superintendent of the ((state)) school for the blind shall serve as, or may designate another person to serve as, the secretary of the board, who shall not be deemed to be a member of the board.

Sec. 203   RCW 72.41.040 and 1985 c 378 s 30 are each amended to read as follows:
     The board of trustees of the state school for the blind:
     (1) Shall monitor and inspect all existing facilities of the state school for the blind, and report its findings to the superintendent and the assistant superintendent of the school for the blind;
     (2) Shall study and recommend comprehensive programs of education and training and review the admission policy as set forth in RCW 72.40.040 and 72.40.050 (as recodified by this act), and make appropriate recommendations to the assistant superintendent of the school for the blind;
     (3) Shall submit a list of three qualified candidates for assistant superintendent of the school for the blind to the ((governor)) superintendent and shall advise the assistant superintendent about the criteria and policy to be used in the selection of members of the faculty and such other administrative officers and other employees, who shall with the exception of the assistant superintendent all be subject to chapter 41.06 RCW, the state civil service law, unless specifically exempted by other provisions of law. All employees and personnel classified under chapter 41.06 RCW shall continue, after July 1, 1986, to perform their usual duties upon the same terms as formerly, without any loss of rights, subject to any action that may be appropriate thereafter in accordance with the laws and rules governing the state civil service law;
     (4) Shall submit an evaluation of the assistant superintendent of the school for the blind to the ((governor)) superintendent by July 1st of each odd-numbered year and may recommend to the ((governor)) superintendent that the assistant superintendent be removed for misfeasance, malfeasance, or willful neglect of duty;
     (5) May recommend to the assistant superintendent of the school for the blind the establishment of new facilities as needs demand;
     (6) May recommend to the assistant superintendent of the school for the blind rules ((and regulations)) for the government, management, and operation of such housing facilities deemed necessary or advisable;
     (7) May make recommendations to the assistant superintendent of the school for the blind concerning classrooms and other facilities to be used for summer or night schools, or for public meetings and for any other uses consistent with the use of such classrooms or facilities for the school for the blind;
     (8) May make recommendations to the assistant superintendent of the school for the blind for adoption of rules ((and regulations)) for pedestrian and vehicular traffic on property owned, operated, or maintained by the school for the blind;
     (9) Shall recommend to the assistant superintendent of the school for the blind, with the assistance of the faculty, the course of study including vocational training in the school for the blind, in accordance with other applicable provisions of law and rules ((and regulations));
     (10) May grant to every student, upon graduation or completion of a program or course of study, a suitable diploma, nonbaccalaureate degree, or certificate;
     (11) Shall participate in the development of, and monitor the enforcement of the rules ((and regulations)) pertaining to the school for the blind;
     (12) Shall perform any other duties and responsibilities prescribed by the assistant superintendent of the school for the blind.

NEW SECTION.  Sec. 204   The following sections are recodified as sections in chapter 28A.155 RCW under the subchapter heading "Board of trustees--School for the blind":
     RCW 72.41.010
     RCW 72.41.020
     RCW 72.41.025
     RCW 72.41.030
     RCW 72.41.040
     RCW 72.41.060
     RCW 72.41.070

NEW SECTION.  Sec. 205   RCW 72.41.015 ("Superintendent" defined) and 1985 c 378 s 27 are each repealed.

Sec. 301   RCW 72.42.010 and 2009 c 381 s 13 are each amended to read as follows:
     It is the intention of the legislature, in creating a board of trustees for the Washington state center for childhood deafness and hearing loss to perform the duties set forth in this chapter, that the board of trustees perform needed oversight services to the ((governor)) superintendent and the legislature of the center in the development of programs for the hard of hearing, and in the operation of the center, including the school for the deaf.

Sec. 302   RCW 72.42.021 and 2009 c 381 s 16 are each amended to read as follows:
     (1) The governance of the center and the school shall be vested in a board of trustees. The board shall consist of nine members appointed by the ((governor, with the consent of the senate)) superintendent. The board shall be composed of a resident from each of the state's congressional districts and may include:
     (a) One member who is deaf or hard of hearing;
     (b) Two members who are experienced educational professionals;
     (c) One member who is experienced in providing residential services to youth; and
     (d) One member who is the parent of a child who is deaf or hard of hearing and who is receiving or has received educational services related to deafness or hearing impairment from a public educational institution.
     (2) No voting trustee may be an employee of the school or the center, a member of the board of directors of any school district, a member of the governing board of any public or private educational institution or an elected officer or member of the legislative authority of any municipal corporation. No more than two voting trustees may be school district or educational service district administrators appointed after July 1, 1986.
     (3) Trustees shall be appointed by the ((governor)) superintendent to serve a term of five years, except that any person appointed to fill a vacancy occurring prior to the expiration of a term shall be appointed within sixty days of the vacancy and appointed only for the remainder of the term. Of the initial members, three must be appointed for two-year terms, three must be appointed for three-year terms, and the remainder must be appointed for five-year terms.
     (4) The board shall not be deemed unlawfully constituted and a trustee shall not be deemed ineligible to serve the remainder of the trustee's unexpired term on the board solely by reason of the establishment of new or revised boundaries for congressional districts. In such an event, each trustee may continue to serve in office for the balance of the term for which he or she was appointed so long as the trustee continues to reside within the boundaries of the congressional district as they existed at the time of his or her appointment. Vacancies which occur in a trustee position during the balance of any term shall be filled pursuant to subsection (3) of this section by a successor who resides within the boundaries of the congressional district from which the member whose office was vacated was appointed as they existed at the time of his or her appointment. At the completion of such term, and thereafter, a successor shall be appointed from the congressional district which corresponds in number with the congressional district from which the incumbent was appointed.

Sec. 303   RCW 72.42.041 and 2009 c 381 s 17 are each amended to read as follows:
     The board of trustees of the center:
     (1) Shall adopt rules ((and regulations)) for its own governance;
     (2) Shall direct the development of, approve, and monitor the enforcement of policies((,)) and rules((, and regulations)) pertaining to the school and the center, including but not limited to:
     (a) The use of classrooms and other facilities for summer or night schools or for public meetings and any other uses consistent with the mission of the center;
     (b) Pedestrian and vehicular traffic on property owned, operated, or maintained by the center;
     (c) Governance, management, and operation of the residential facilities;
     (d) Transferability of employees between the center and the school for the blind consistent with collective bargaining agreements in effect; and
     (e) Compliance with state and federal education civil rights laws at the school;
     (3) Shall develop a process for recommending candidates for the position of ((director)) assistant superintendent of the center and upon a vacancy shall submit a list of three qualified candidates for ((director)) assistant superintendent of the center to the ((governor)) superintendent;
     (4) Shall submit an evaluation of the ((director)) assistant superintendent of the center to the ((governor)) superintendent by July 1st of each odd-numbered year that includes a recommendation regarding the retention of the ((director)) assistant superintendent of the center;
     (5) May recommend to the ((governor)) superintendent at any time that the ((director)) assistant superintendent of the center be removed for conduct deemed by the board to be detrimental to the interests of the center;
     (6) Shall prepare and submit by July 1st of each even-numbered year a report to the governor, the superintendent, and the appropriate committees of the legislature which contains a detailed summary of the center's progress on performance objectives and the center's work, facility conditions, and revenues and costs of the center for the previous year and which contains those recommendations it deems necessary and advisable for the governor, the superintendent, and the legislature to act on;
     (7) Shall approve the center's budget and all funding requests, both operating and capital, ((submitted)) recommended for submission to the governor;
     (8) Shall direct and approve the development and implementation of comprehensive programs of education, training, and as needed residential living, such that students served by the school receive a challenging and quality education in a safe school environment;
     (9) Shall direct, monitor, and approve the implementation of a comprehensive continuous quality improvement system for the center;
     (10) Shall monitor and inspect all existing facilities of the center and report its findings in its biennial report to the superintendent, the governor, and appropriate committees of the legislature; and
     (11) May grant to every student of the school, upon graduation or completion of a program or course of study, a suitable diploma, nonbaccalaureate degree, or certificate.

NEW SECTION.  Sec. 304   The following sections are recodified as sections in chapter 28A.155 RCW under the subchapter heading "Board of trustees--Center for childhood deafness and hearing loss":
     RCW 72.42.010
     RCW 72.42.021
     RCW 72.42.031
     RCW 72.42.041
     RCW 72.42.060
     RCW 72.42.070

NEW SECTION.  Sec. 305   The following acts or parts of acts are each repealed:
     (1) RCW 72.42.015 ("Director" defined) and 2009 c 381 s 14 & 1985 c 378 s 32; and
     (2) RCW 72.42.016 (Additional definitions) and 2009 c 381 s 15 & 2002 c 209 s 6.

NEW SECTION.  Sec. 401   A new section is added to chapter 28A.155 RCW under the subchapter heading "state school for the blind and state center for childhood deafness and hearing loss" to read as follows:
     The assistant superintendent of the school for the blind and the assistant superintendent of the center may each delegate any power or duty vested in or transferred to him or her to any assistant or subordinate. The respective assistant superintendent remains responsible for the official act of his or her designee.

NEW SECTION.  Sec. 402   This act takes effect July 1, 2010.