BILL REQ. #: S-3330.2
| State of Washington | 61st Legislature | 2010 Regular Session |
Read first time 01/19/10. Referred to Committee on Early Learning & K-12 Education.
AN ACT Relating to flexibility in the education system; amending RCW 28A.150.520, 28A.185.030, 28A.210.020, 28A.210.030, 28A.210.080, 28A.210.370, 28A.210.380, 28A.215.010, 28A.220.030, 28A.300.118, 28A.300.150, 28A.300.160, 28A.300.270, 28A.300.405, 28A.300.410, 28A.300.450, 28A.300.490, 28A.300.520, 28A.320.080, 28A.320.128, 28A.320.160, 28A.345.020, 28A.345.050, 28A.640.020, 28A.655.061, and 39.35D.040; repealing RCW 28A.210.130, 28A.210.360, 28A.210.365, 28A.220.050, 28A.220.080, 28A.220.085, 28A.230.150, 28A.300.280, and 28A.320.185; providing an expiration date; and declaring an emergency.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
Sec. 1 RCW 28A.150.520 and 2005 c 12 s 9 are each amended to read
as follows:
To the extent funds are available, public school districts must
comply with high-performance public ((building[s])) buildings
requirements under RCW 39.35D.010, 39.35D.020, 39.35D.040, 39.35D.060,
and 28A.150.530.
Sec. 2 RCW 28A.185.030 and 2009 c 380 s 4 are each amended to
read as follows:
Local school districts may establish and operate, either separately
or jointly, programs for highly capable students. Such authority shall
include the right to employ and pay special instructors and to operate
such programs jointly with a public institution of higher education.
Local school districts which establish and operate programs for highly
capable students shall adopt identification procedures and provide
educational opportunities as follows, to the extent funds are
available:
(1) In accordance with rules adopted by the superintendent of
public instruction, school districts shall implement procedures for
nomination, assessment and selection of their most highly capable
students. Nominations shall be based upon data from teachers, other
staff, parents, students, and members of the community. Assessment
shall be based upon a review of each student's capability as shown by
multiple criteria intended to reveal, from a wide variety of sources
and data, each student's unique needs and capabilities. Selection
shall be made by a broadly based committee of professionals, after
consideration of the results of the multiple criteria assessment.
(2) When a student, who is a child of a military family in
transition, has been assessed or enrolled as highly capable by a
sending school, the receiving school shall initially honor placement of
the student into a like program.
(a) The receiving school shall determine whether the district's
program is a like program when compared to the sending school's
program; and
(b) The receiving school may conduct subsequent assessments to
determine appropriate placement and continued enrollment in the
program.
(3) Students selected pursuant to procedures outlined in this
section shall be provided, to the extent feasible, an educational
opportunity which takes into account each student's unique needs and
capabilities and the limits of the resources and program options
available to the district, including those options which can be
developed or provided by using funds allocated by the superintendent of
public instruction for that purpose.
(4) The definitions in Article II of RCW 28A.705.010 apply to
subsection (2) of this section.
Sec. 3 RCW 28A.210.020 and 2009 c 556 s 18 are each amended to
read as follows:
(1) Every board of school directors shall have the power, and it
shall be its duty to provide for and require screening for the visual
and auditory acuity of all children attending schools in their
districts to ascertain which if any of such children have defects
sufficient to retard them in their studies. Auditory and visual
screening shall be made in accordance with procedures and standards
adopted by rule ((or regulation)) of the state board of health. Prior
to the adoption or revision of such rules ((or regulations)) the state
board of health shall seek the recommendations of the superintendent of
public instruction regarding the administration of visual and auditory
screening and the qualifications of persons competent to administer
such screening. Persons performing visual screening may include, but
are not limited to, ophthalmologists, optometrists, or opticians who
donate their professional services to schools or school districts. If
a vision professional who donates his or her services identifies a
vision defect sufficient to affect a student's learning, the vision
professional must notify the school nurse and/or the school principal
in writing and may not contact the student's parents or guardians
directly. A school official shall inform parents or guardians of
students in writing that a visual examination was recommended, but may
not communicate the name or contact information of the vision
professional conducting the screening.
(2) Except to the extent necessary to comply with the federal
individuals with disabilities education act (IDEA) or to serve children
who are eligible for free or reduced-price lunch, this section is
suspended until July 1, 2013.
Sec. 4 RCW 28A.210.030 and 1991 c 3 s 289 are each amended to
read as follows:
(1) The person or persons completing the screening prescribed in
RCW 28A.210.020 shall promptly prepare a record of the screening of
each child found to have, or suspected of having, reduced visual and/or
auditory acuity in need of attention, including the special education
services provided by RCW 28A.155.010 through 28A.155.100, and send
copies of such records and recommendations to the parents or guardians
of such children and shall deliver the original records to the
appropriate school official who shall preserve such records and forward
to the superintendent of public instruction and the secretary of health
visual and auditory data as requested by such officials.
(2) Except to the extent necessary to comply with the federal
individuals with disabilities education act (IDEA) or to serve children
who are eligible for free or reduced-price lunch, this section is
suspended until July 1, 2013.
Sec. 5 RCW 28A.210.080 and 2007 c 276 s 1 are each amended to
read as follows:
(1) The attendance of every child at every public and private
school in the state and licensed day care center shall be conditioned
upon the presentation before or on each child's first day of attendance
at a particular school or center, of proof of either (a) full
immunization, (b) the initiation of and compliance with a schedule of
immunization, as required by rules of the state board of health, or (c)
a certificate of exemption as provided for in RCW 28A.210.090. The
attendance at the school or the day care center during any subsequent
school year of a child who has initiated a schedule of immunization
shall be conditioned upon the presentation of proof of compliance with
the schedule on the child's first day of attendance during the
subsequent school year. Once proof of full immunization or proof of
completion of an approved schedule has been presented, no further proof
shall be required as a condition to attendance at the particular school
or center.
(2)(a) Beginning with sixth grade entry, every public and private
school in the state shall provide parents and guardians with access to
information about meningococcal disease and its vaccine at the
beginning of every school year. Providing online access to the
information satisfies the requirements of this section unless a parent
or guardian specifically requests information to be provided in written
form. The information about meningococcal disease shall include:
(i) Its causes and symptoms, how meningococcal disease is spread,
and the places where parents and guardians may obtain additional
information and vaccinations for their children; and
(ii) Current recommendations from the United States centers for
disease control and prevention regarding the receipt of vaccines for
meningococcal disease and where the vaccination can be received.
(b) This subsection shall not be construed to require the
department of health or the school to provide meningococcal vaccination
to students.
(c) The department of health shall prepare the informational
materials and shall consult with the office of superintendent of public
instruction.
(d) This subsection does not create a private right of action.
(3)(a) Beginning with sixth grade entry, every public school in the
state shall provide parents and guardians with access to information
about human papillomavirus disease and its vaccine at the beginning of
every school year. Providing online access to the information
satisfies the requirements of this section unless a parent or guardian
specifically requests information to be provided in written form. The
information about human papillomavirus disease shall include:
(i) Its causes and symptoms, how human papillomavirus disease is
spread, and the places where parents and guardians may obtain
additional information and vaccinations for their children; and
(ii) Current recommendations from the United States centers for
disease control and prevention regarding the receipt of vaccines for
human papillomavirus disease and where the vaccination can be received.
(b) This subsection shall not be construed to require the
department of health or the school to provide human papillomavirus
vaccination to students.
(c) The department of health shall prepare the informational
materials and shall consult with the office of the superintendent of
public instruction.
(d) This subsection does not create a private right of action.
(4) Private schools are required by state law to notify parents
that information on the human papillomavirus disease prepared by the
department of health is available.
Sec. 6 RCW 28A.210.370 and 2005 c 462 s 2 are each amended to
read as follows:
(1) The superintendent of public instruction and the secretary of
the department of health shall develop a uniform policy for all school
districts providing for the in-service training for school staff on
symptoms, treatment, and monitoring of students with asthma and on the
additional observations that may be needed in different situations that
may arise during the school day and during school-sponsored events. To
the extent possible, the in-service training shall be offered online
and no more than once every three years. The policy shall include the
standards and skills that must be in place for in-service training of
school staff.
(2) All school districts shall adopt policies regarding asthma
rescue procedures for each school within the district.
(3) All school districts must require that each public elementary
school and secondary school grant to any student in the school
authorization for the self-administration of medication to treat that
student's asthma or anaphylaxis, if:
(a) A health care practitioner prescribed the medication for use by
the student during school hours and instructed the student in the
correct and responsible use of the medication;
(b) The student has demonstrated to the health care practitioner,
or the practitioner's designee, and a professional registered nurse at
the school, the skill level necessary to use the medication and any
device that is necessary to administer the medication as prescribed;
(c) The health care practitioner formulates a written treatment
plan for managing asthma or anaphylaxis episodes of the student and for
medication use by the student during school hours; and
(d) The student's parent or guardian has completed and submitted to
the school any written documentation required by the school, including
the treatment plan formulated under (c) of this subsection and other
documents related to liability.
(4) An authorization granted under subsection (3) of this section
must allow the student involved to possess and use his or her
medication:
(a) While in school;
(b) While at a school-sponsored activity, such as a sporting event;
and
(c) In transit to or from school or school-sponsored activities.
(5) An authorization granted under subsection (3) of this section:
(a) Must be effective only for the same school and school year for
which it is granted; and
(b) Must be renewed by the parent or guardian each subsequent
school year in accordance with this subsection.
(6) School districts must require that backup medication, if
provided by a student's parent or guardian, be kept at a student's
school in a location to which the student has immediate access in the
event of an asthma or anaphylaxis emergency.
(7) School districts must require that information described in
subsection (3)(c) and (d) of this section be kept on file at the
student's school in a location easily accessible in the event of an
asthma or anaphylaxis emergency.
(8) Nothing in this section creates a cause of action or in any
other way increases or diminishes the liability of any person under any
other law.
Sec. 7 RCW 28A.210.380 and 2008 c 173 s 1 are each amended to
read as follows:
(1) The office of the superintendent of public instruction, in
consultation with the department of health, shall develop anaphylactic
policy guidelines for schools to prevent anaphylaxis and deal with
medical emergencies resulting from it. The policy guidelines shall be
developed with input from pediatricians, school nurses, other health
care providers, parents of children with life-threatening allergies,
school administrators, teachers, and food service directors.
The policy guidelines shall include, but need not be limited to:
(a) A procedure for each school to follow to develop a treatment
plan including the responsibilities ((for [of])) of school nurses and
other appropriate school personnel responsible for responding to a
student who may be experiencing anaphylaxis;
(b) The content of a training course for appropriate school
personnel for preventing and responding to a student who may be
experiencing anaphylaxis. To the extent possible, the training course
shall be offered online and no more than once every three years;
(c) A procedure for the development of an individualized emergency
health care plan for children with food or other allergies that could
result in anaphylaxis;
(d) A communication plan for the school to follow to gather and
disseminate information on students with food or other allergies who
may experience anaphylaxis;
(e) Strategies for reduction of the risk of exposure to
anaphylactic causative agents including food and other allergens.
(2) For the purpose of this section "anaphylaxis" means a severe
allergic and life-threatening reaction that is a collection of
symptoms, which may include breathing difficulties and a drop in blood
pressure or shock.
(3)(a) By October 15, 2008, the superintendent of public
instruction shall report to the select interim legislative task force
on comprehensive school health reform created in section 6, chapter 5,
Laws of 2007, on the following:
(i) The implementation within school districts of the 2008
guidelines for care of students with life-threatening food allergies
developed by the superintendent pursuant to section 501, chapter 522,
Laws of 2007, including a review of policies developed by the school
districts, the training provided to school personnel, and plans for
follow-up monitoring of policy implementation; and
(ii) Recommendations on requirements for effectively implementing
the school anaphylactic policy guidelines developed under this section.
(b) By March 31, 2009, the superintendent of public instruction
shall report policy guidelines to the appropriate committees of the
legislature and to school districts for the districts to use to develop
and adopt their policies.
(4) By September 1, 2009, each school district shall use the
guidelines developed under subsection (1) of this section to develop
and adopt a school district policy for each school in the district to
follow to assist schools to prevent anaphylaxis.
Sec. 8 RCW 28A.215.010 and 2006 c 263 s 410 are each amended to
read as follows:
The board of directors of any school district shall have the power
to establish and maintain preschools and to provide before-and-after-school and vacation care in connection with the common schools of said
district located at such points as the board shall deem most suitable
for the convenience of the public, for the care and instruction of
infants and children residing in said district. The board shall
establish such courses, activities, and rules((, and regulations))
governing preschools and before-and-after-school care as it may deem
best: PROVIDED, That these courses and activities ((shall)) are
encouraged to meet the minimum standard for such preschools as
established by the United States department of health, education and
welfare, or its successor agency, and the superintendent of public
instruction. Except as otherwise provided by state or federal law, the
board of directors may fix a reasonable charge for the care and
instruction of children attending such schools. The board may, if
necessary, supplement such funds as are received for the superintendent
of public instruction or any agency of the federal government, by an
appropriation from the general school fund of the district.
Sec. 9 RCW 28A.220.030 and 2000 c 115 s 9 are each amended to
read as follows:
(1) The superintendent of public instruction is authorized to
establish a section of traffic safety education, and through such
section shall: Define a "realistic level of effort" required to
provide an effective traffic safety education course, establish a level
of driving competency required of each student to successfully complete
the course, and ensure that an effective statewide program is
implemented and sustained, administer, supervise, and develop the
traffic safety education program and shall assist local school
districts in the conduct of their traffic safety education programs.
The superintendent shall adopt necessary rules ((and regulations))
governing the operation and scope of the traffic safety education
program; and each school district shall submit a report in even-numbered years to the superintendent on the condition of its traffic
safety education program: PROVIDED, That the superintendent shall
monitor the quality of the program and carry out the purposes of this
chapter.
(2) The board of directors of any school district maintaining a
secondary school which includes any of the grades 10 to 12, inclusive,
may establish and maintain a traffic safety education course. If a
school district elects to offer a traffic safety education course and
has within its boundaries a private accredited secondary school which
includes any of the grades 10 to 12, inclusive, to the extent funds are
available, at least one class in traffic safety education shall be
given at times other than regular school hours if there is sufficient
demand therefor.
(3) The board of directors of a school district, or combination of
school districts, may contract with any drivers' school licensed under
the provisions of chapter 46.82 RCW to teach the laboratory phase of
the traffic safety education course. Instructors provided by any such
contracting drivers' school must be properly qualified teachers of
traffic safety education under the joint qualification requirements
adopted by the superintendent of public instruction and the director of
licensing.
(4) The superintendent shall establish a required minimum number of
hours of continuing traffic safety education for traffic safety
education instructors. The superintendent may phase in the requirement
over not more than five years.
(5) By January 1, 2011, the superintendent shall survey districts
regarding the impact of the rules and minimum hours of training
established under the authority of this section. The superintendent
shall revise the rules and minimum hours based on that survey in order
to reduce the burden on school districts.
Sec. 10 RCW 28A.300.118 and 2000 c 126 s 1 are each amended to
read as follows:
(1) Beginning with the ((2000-01)) 2011-12 school year, the
superintendent of public instruction shall notify senior high schools
and any other public school that includes ninth grade of the names and
contact information of public and private entities offering programs
leading to college credit, including information about online advanced
placement classes, if the superintendent has knowledge of such entities
and if the cost of reporting these entities is minimal.
(2) Beginning with the ((2000-01)) 2011-12 school year, each senior
high school and any other public school that includes ninth grade shall
publish annually and deliver to each parent with children enrolled in
ninth through twelfth grades, information concerning the entrance
requirements and the availability of programs in the local area that
lead to college credit, including classes such as advanced placement,
running start, tech-prep, skill centers, college in the high school,
and international baccalaureate programs. The information may be
included with other information the school regularly mails to parents.
In addition, each senior high school and any other public school that
includes ninth grade shall enclose information of the names and contact
information of other public or private entities offering such programs,
including online advanced placement programs, to its ninth through
twelfth grade students if the school has knowledge of such entities.
Sec. 11 RCW 28A.300.150 and 2006 c 263 s 705 are each amended to
read as follows:
The superintendent of public instruction shall collect and
disseminate to school districts information on child abuse and neglect
prevention curriculum and shall adopt rules dealing with the prevention
of child abuse for purposes of curriculum use in the common schools.
The superintendent of public instruction and the departments of social
and health services and ((community, trade, and economic development))
commerce shall share relevant information. Providing online access to
the information satisfies the requirements of this section unless a
parent or guardian specifically requests information to be provided in
written form.
Sec. 12 RCW 28A.300.160 and 1995 c 399 s 21 are each amended to
read as follows:
(1) The office of the superintendent of public instruction shall be
the lead agency and shall assist the department of social and health
services, the department of ((community, trade, and economic
development)) commerce, and school districts in establishing a
coordinated primary prevention program for child abuse and neglect.
(2) In developing the program, consideration shall be given to the
following:
(a) Parent, teacher, and children's workshops whose information and
training is:
(i) Provided in a clear, age-appropriate, nonthreatening manner,
delineating the problem and the range of possible solutions;
(ii) Culturally and linguistically appropriate to the population
served;
(iii) Appropriate to the geographic area served; and
(iv) Designed to help counteract common stereotypes about child
abuse victims and offenders;
(b) Training for school age children's parents and school staff,
which includes:
(i) Physical and behavioral indicators of abuse;
(ii) Crisis counseling techniques;
(iii) Community resources;
(iv) Rights and responsibilities regarding reporting;
(v) School district procedures to facilitate reporting and apprise
supervisors and administrators of reports; and
(vi) Caring for a child's needs after a report is made;
(c) Training for licensed day care providers and parents that
includes:
(i) Positive child guidance techniques;
(ii) Physical and behavioral indicators of abuse;
(iii) Recognizing and providing safe, quality day care;
(iv) Community resources;
(v) Rights and responsibilities regarding reporting; and
(vi) Caring for the abused or neglected child;
(d) Training for children that includes:
(i) The right of every child to live free of abuse;
(ii) How to disclose incidents of abuse and neglect;
(iii) The availability of support resources and how to obtain help;
(iv) Child safety training and age-appropriate self-defense
techniques; and
(v) A period for crisis counseling and reporting immediately
following the completion of each children's workshop in a school
setting which maximizes the child's privacy and sense of safety.
(3) The office of the superintendent of public instruction shall
not require annual training under subsection (2) of this section. The
office of the superintendent of public instruction may consider
offering training every four years, except for new employees who shall
receive training within the first year of their hire date. School
districts are encouraged to work with private or nonprofit entities
that have the ability to provide the appropriate training for staff in
accordance with this section.
(4) The primary prevention program established under this section
shall be a voluntary program and shall not be part of the basic program
of education.
(((4))) (5) Parents shall be given notice of the primary prevention
program and may refuse to have their children participate in the
program.
Sec. 13 RCW 28A.300.270 and 1994 sp.s. c 7 s 602 are each amended
to read as follows:
(1) The superintendent of public instruction shall, to the extent
funding is available, contract with school districts, educational
service districts, and approved in-service providers to conduct
training sessions for school certificated and classified employees in
conflict resolution and other violence prevention topics. The training
shall be developmentally and culturally appropriate for the school
populations being served and be research based. The training shall not
be based solely on providing materials, but also shall include
techniques on imparting these skills to students. The training
sessions shall be developed in coordination with school districts, the
superintendent of public instruction, parents, law enforcement
agencies, human services providers, and other interested parties. The
training shall be offered to school districts and school staff
requesting the training, and shall be made available at locations
throughout the state.
(2) The office of the superintendent of public instruction shall
not require annual training sessions. The training may be offered
every four years.
Sec. 14 RCW 28A.300.405 and 2000 c 210 s 4 are each amended to
read as follows:
(1) Consistent with the legislative findings in RCW 28A.300.390,
the legislature shall establish the Washington civil liberties public
education program. The program provides grants for the purpose of
establishing a legacy of remembrance as part of a continuing process of
recovery from the World War II exclusion and detention of individuals
of Japanese ancestry. The program is created to do one or both of the
following:
(((1))) (a) Educate the public regarding the history and the
lessons of the World War II exclusion, removal, and detention of
persons of Japanese ancestry through the development, coordination, and
distribution of new educational materials and the development of
curriculum materials to complement and augment resources currently
available on this subject matter; and
(((2))) (b) Develop videos, plays, presentations, speaker bureaus,
and exhibitions for presentation to elementary schools, secondary
schools, community colleges, and to other interested parties.
(2) This section is suspended until July 1, 2013.
Sec. 15 RCW 28A.300.410 and 2000 c 210 s 5 are each amended to
read as follows:
(1) The superintendent of public instruction shall allocate grants
under the program established in RCW 28A.300.390 through 28A.300.415
from private donations or within amounts appropriated for this specific
purpose. The grants shall be awarded on a competitive basis.
(2) The superintendent of public instruction may contract with
independent review panelists and establish an advisory panel to
evaluate and make recommendations to the superintendent of public
instruction based on grant applications.
(3) The superintendent of public instruction shall select grant
recipients from applicants who meet all of the following criteria:
(a) The capability to administer and complete the proposed project
within specified deadlines and within the specified budget;
(b) The experience, knowledge, and qualifications necessary to
conduct quality educational activities regarding the exclusion and
detention of Japanese-Americans during World War II;
(c) Projects that relate the Japanese-American exclusion and
detention experience with civil rights included in the Declaration of
Independence and the Constitution so that this event may be illuminated
and understood in order to prevent similar violations of civil rights
in the future;
(d) Projects that are designed to maximize the long-term
educational impact of this chapter;
(e) Projects that build upon, contribute to, and expand upon the
existing body of educational and research materials on the exclusion
and detention of Japanese-Americans during World War II; and
(f) Projects that include the variety of experiences regarding the
exclusion and detention of Japanese-Americans and its impact before,
during, and after World War II including those Japanese-Americans who
served in the military and those who were interned in department of
justice camps.
(4) Applicants for grants under the program are encouraged to do
each of the following:
(a) Involve former detainees, those excluded from the military
area, and their descendants in the development and implementation of
projects;
(b) Develop a strategy and plan for raising the level of awareness
and understanding among the American public regarding the exclusion and
detention of Japanese-Americans during World War II so that the causes
and circumstances of this and similar events may be illuminated and
understood;
(c) Develop a strategy and plan for reaching the broad,
multicultural population through project activities;
(d) Develop local and regional consortia of organizations and
individuals engaged in similar educational, research, and development
efforts;
(e) Coordinate and collaborate with organizations and individuals
engaging in similar educational, research, and development endeavors to
maximize the effect of grants;
(f) Utilize creative and innovative methods and approaches in the
research, development, and implementation of their projects;
(g) Seek matching funds, in-kind contributions, or other sources of
support to supplement their proposal;
(h) Use a variety of media, including new technology, and the arts
to creatively and strategically appeal to a broad audience while
enhancing and enriching community-based educational efforts;
(i) Include in the grant application, scholarly inquiry related to
the variety of experiences and impact of the exclusion and detention of
persons of Japanese ancestry during World War II; and
(j) Add relevant materials to or catalogue relevant materials in
libraries and other repositories for the creation, publication, and
distribution of bibliographies, curriculum guides, oral histories, and
other resource directories and supporting the continued development of
scholarly work on this subject by making a broad range of archival,
library, and research materials more accessible to the American public.
(5) The superintendent of public instruction may adopt other
criteria as it deems appropriate for its review of grant proposals. In
reviewing projects for funding, scoring shall be based on an evaluation
of all application materials including narratives, attachments, support
letters, supplementary materials, and other materials that may be
requested of applicants.
(6)(a) In the review process, the superintendent of public
instruction shall assign the following order of priority to the
criteria set forth in subsection (3) of this section:
(i) Subsection (3)(a) through (d) of this section, inclusive, shall
be given highest priority; and
(ii) Subsection (3)(e) ((through [and])) and (f) of this section,
inclusive, shall be given second priority.
(b) The superintendent of public instruction shall consider the
overall breadth and variety of the field of applicants to determine the
projects that would best fulfill its program and mission. Final grant
awards may be for the full amount of the grant requests or for a
portion of the grant request.
(7) The superintendent of public instruction shall determine the
types of applicants eligible to apply for grants under this program.
(8) The office may accept gifts, grants, or endowments from public
or private sources for the program and may spend any gifts, grants, or
endowments or income from public or private sources according to their
terms.
(9) Except to the extent private funds are available, this section
is suspended until July 1, 2013.
Sec. 16 RCW 28A.300.450 and 2009 c 443 s 1 are each amended to
read as follows:
(1) A financial education public-private partnership is
established, composed of the following members:
(a) Four members of the legislature, with one member from each
caucus of the house of representatives appointed by the speaker of the
house of representatives, and one member from each caucus of the senate
appointed by the president of the senate;
(b) Four representatives from the private for-profit and nonprofit
financial services sector, including at least one representative from
the jumpstart coalition, to be appointed by the governor;
(c) Four teachers to be appointed by the superintendent of public
instruction, with one each representing the elementary, middle,
secondary, and postsecondary education sectors;
(d) A representative from the department of financial institutions
to be appointed by the director;
(e) Two representatives from the office of the superintendent of
public instruction, with one involved in curriculum development and one
involved in teacher professional development, to be appointed by the
superintendent.
(2) The chair of the partnership shall be selected by the members
of the partnership from among the legislative members.
(3) To the extent funds are appropriated or are available for this
purpose, the partnership may hire a staff person who shall reside in
the office of the superintendent of public instruction for
administrative purposes. Additional technical and logistical support
may be provided by the office of the superintendent of public
instruction, the department of financial institutions, the
organizations composing the partnership, and other participants in the
financial education public-private partnership.
(4) The members of the partnership shall be appointed by August 1,
2009.
(5) Legislative members of the partnership shall receive per diem
and travel under RCW 44.04.120.
(6) Travel and other expenses of members of the partnership shall
be provided by the agency, association, or organization that member
represents.
(7) This section shall be implemented to the extent funds are
available.
(8) This section is suspended until July 1, 2013.
Sec. 17 RCW 28A.300.490 and 2007 c 406 s 2 are each amended to
read as follows:
(1) A task force on gangs in schools is created to examine current
adult and youth gang activities that are affecting school safety. The
task force shall work under the guidance of the superintendent of
public instruction school safety center, the school safety center
advisory committee, and the Washington association of sheriffs and
police chiefs.
(2) The task force shall be comprised of representatives, selected
by the superintendent of public instruction, who possess expertise
relevant to gang activity in schools. The task force shall outline
methods for preventing new gangs, eliminating existing gangs, gathering
intelligence, and sharing information about gang activities.
(3) Beginning December 1, 2007, the task force shall annually
report its findings and recommendations to the education committees of
the legislature.
(4) This section is suspended until July 1, 2013.
Sec. 18 RCW 28A.300.520 and 2009 c 578 s 9 are each amended to
read as follows:
(1) The superintendent of public instruction shall review current
policies and assess the adequacy and availability of programs targeted
at children who have a parent who is incarcerated in a department of
corrections facility. The superintendent of public instruction shall
adopt policies that support the children of incarcerated parents and
meet their needs with the goal of facilitating normal child
development, including maintaining adequate academic progress, while
reducing intergenerational incarceration.
(2) To the extent funds are available, the superintendent shall
conduct the following activities to assist in implementing the
requirements of subsection (1) of this section:
(a) Gather information and data on the students who are the
children of inmates incarcerated in department of corrections
facilities; and
(b) Participate in the children of incarcerated parents advisory
committee and report information obtained under this section to the
advisory committee.
(3) This section is suspended until July 1, 2013.
Sec. 19 RCW 28A.320.080 and 1995 c 77 s 21 are each amended to
read as follows:
Every board of directors, unless otherwise specifically provided by
law, shall:
(1) Provide for the expenditure of a reasonable amount for suitable
commencement exercises;
(2) ((In addition to providing)) To the extent funds are available,
provide free instruction in lip reading for children disabled by
defective hearing((,)) and make arrangements for free instruction in
lip reading to adults disabled by defective hearing whenever in its
judgment such instruction appears to be in the best interests of the
school district and adults concerned;
(3) Join with boards of directors of other school districts or an
educational service district pursuant to RCW 28A.310.180(3), or both
such school districts and educational service district in buying
supplies, equipment and services by establishing and maintaining a
joint purchasing agency, or otherwise, when deemed for the best
interests of the district, any joint agency formed hereunder being
herewith authorized and empowered to issue interest bearing warrants in
payment of any obligation owed: PROVIDED, HOWEVER, That those agencies
issuing interest bearing warrants shall assign accounts receivable in
an amount equal to the amount of the outstanding interest bearing
warrants to the county treasurer issuing such interest bearing
warrants: PROVIDED FURTHER, That the joint purchasing agency shall
consider the request of any one or more private schools requesting the
agency to jointly buy supplies, equipment, and services including but
not limited to school bus maintenance services, and, after considering
such request, may cooperate with and jointly make purchases with
private schools of supplies, equipment, and services, including but not
limited to school bus maintenance services, so long as such private
schools pay in advance their proportionate share of the costs or
provide a surety bond to cover their proportionate share of the costs
involved in such purchases;
(4) Consider the request of any one or more private schools
requesting the board to jointly buy supplies, equipment and services
including but not limited to school bus maintenance services, and,
after considering such request, may provide such joint purchasing
services: PROVIDED, That such private schools pay in advance their
proportionate share of the costs or provide a surety bond to cover
their proportionate share of the costs involved in such purchases; and
(5) Prepare budgets as provided for in chapter 28A.505 RCW.
Sec. 20 RCW 28A.320.128 and 2002 c 206 s 1 are each amended to
read as follows:
(1) ((By September 1, 2003,)) Each school district board of
directors shall ((adopt a)) have a policy that addresses ((the
following issues:)) procedures for providing notice of threats of violence or
harm to the student or school employee who is the subject of the
threat. The policy shall define "threats of violence or harm((
(a)";))."
(b) Procedures for disclosing information that is provided to the
school administrators about a student's conduct, including but not
limited to the student's prior disciplinary records, official juvenile
court records, and history of violence, to classroom teachers, school
staff, and school security who, in the judgment of the principal,
should be notified; and
(c) Procedures for determining whether or not any threats or
conduct established in the policy may be grounds for suspension or
expulsion of the student
(2) The superintendent of public instruction, in consultation with
educators and representatives of law enforcement, classified staff, and
organizations with expertise in violence prevention and intervention,
shall adopt a model policy that includes the issues listed in
subsection (1) of this section by January 1, 2003. The model policy
shall be posted on the superintendent of public instruction's web site.
The school districts, in drafting their own policies, shall review the
model policy.
(3) School districts, school district boards of directors, school
officials, and school employees providing notice in good faith as
required and consistent with the board's policies adopted under this
section are immune from any liability arising out of such notification.
(4) A person who intentionally and in bad faith or maliciously,
knowingly makes a false notification of a threat under this section is
guilty of a misdemeanor punishable under RCW 9A.20.021.
Sec. 21 RCW 28A.320.160 and 2005 c 274 s 244 are each amended to
read as follows:
School districts must, at the first opportunity but in all cases
within forty-eight hours of receiving a report alleging sexual
misconduct by a school employee, notify the parents of a student
alleged to be the victim, target, or recipient of the misconduct.
School districts ((shall)) may provide parents with information
regarding their rights under the public records act, chapter 42.56 RCW,
to request the public records regarding school employee discipline.
This information shall be provided to ((all)) parents ((on an annual
basis)) upon their request.
Sec. 22 RCW 28A.345.020 and 1969 ex.s. c 223 s 28A.61.020 are
each amended to read as follows:
The membership of the school directors' association ((shall)) may
comprise the members of the boards of directors of the school districts
of the state.
Sec. 23 RCW 28A.345.050 and 1983 c 187 s 2 are each amended to
read as follows:
The school directors' association may establish a graduated
schedule of dues for members of the association based upon the number
of certificated personnel in each district. Dues shall be established
for the directors of each district as a group. The total of all dues
assessed shall not exceed twenty-seven cents for each one thousand
dollars of the statewide total of all school districts' general fund
receipts. The board of directors of a school district shall make
provision for payment out of the general fund of the district of the
dues of association members resident in the district, which payment
shall be made in the manner provided by law for the payment of other
claims against the general fund of the district. The dues for each
member school district shall be due and payable on the first day of
January of each year.
Sec. 24 RCW 28A.640.020 and 1994 c 213 s 1 are each amended to
read as follows:
(1) The superintendent of public instruction shall develop
((regulations)) rules and guidelines to eliminate sex discrimination as
it applies to public school employment, counseling and guidance
services to students, recreational and athletic activities for
students, access to course offerings, and in textbooks and
instructional materials used by students.
(a) Specifically with respect to public school employment, all
schools shall be required to:
(i) Maintain credential requirements for all personnel without
regard to sex;
(ii) Make no differentiation in pay scale on the basis of sex;
(iii) Assign school duties without regard to sex except where such
assignment would involve duty in areas or situations, such as but not
limited to a shower room, where persons might be disrobed;
(iv) Provide the same opportunities for advancement to males and
females; and
(v) Make no difference in conditions of employment including, but
not limited to, hiring practices, leaves of absence, hours of
employment, and assignment of, or pay for, instructional and
noninstructional duties, on the basis of sex.
(b) Specifically with respect to counseling and guidance services
for students, they shall be made available to all students equally.
All certificated personnel shall be required to stress access to all
career and vocational opportunities to students without regard to sex.
(c) Specifically with respect to recreational and athletic
activities, they shall be offered to all students without regard to
sex. Schools may provide separate teams for each sex. Schools which
provide the following shall do so with no disparities based on sex:
Equipment and supplies; medical care; services and insurance;
transportation and per diem allowances; opportunities to receive
coaching and instruction; laundry services; assignment of game
officials; opportunities for competition, publicity and awards;
scheduling of games and practice times including use of courts, gyms,
and pools: PROVIDED, That such scheduling of games and practice times
shall be determined by local administrative authorities after
consideration of the public and student interest in attending and
participating in various recreational and athletic activities. Each
school which provides showers, toilets, or training room facilities for
athletic purposes shall provide comparable facilities for both sexes.
Such facilities may be provided either as separate facilities or shall
be scheduled and used separately by each sex.
The superintendent of public instruction shall also be required to
develop a student survey to distribute every three years to each local
school district in the state to determine student interest for
male/
(d) Specifically with respect to course offerings, all classes
shall be required to be available to all students without regard to
sex: PROVIDED, That separation is permitted within any class during
sessions on sex education or gym classes.
(e) Specifically with respect to textbooks and instructional
materials, which shall also include, but not be limited to, reference
books and audio-visual materials, they shall be required to adhere to
the guidelines developed by the superintendent of public instruction to
implement the intent of this chapter: PROVIDED, That this subsection
shall not be construed to prohibit the introduction of material deemed
appropriate by the instructor for educational purposes.
(2)(a) By December 31, 1994, the superintendent of public
instruction shall develop criteria for use by school districts in
developing sexual harassment policies as required under (b) of this
subsection. The criteria shall address the subjects of grievance
procedures, remedies to victims of sexual harassment, disciplinary
actions against violators of the policy, and other subjects at the
discretion of the superintendent of public instruction. Disciplinary
actions must conform with collective bargaining agreements and state
and federal laws. The superintendent of public instruction also shall
supply sample policies to school districts upon request.
(b) By June 30, 1995, every school district shall adopt and
implement a written policy concerning sexual harassment. The policy
shall apply to all school district employees, volunteers, parents, and
students, including, but not limited to, conduct between students.
(c) School district policies on sexual harassment shall be reviewed
by the superintendent of public instruction considering the criteria
established under (a) of this subsection as part of the monitoring
process established in RCW 28A.640.030.
(d) The school district's sexual harassment policy shall be
conspicuously posted throughout each school building, and provided to
each employee. Employees may be provided the policy online. A copy of
the policy shall appear in any publication of the school or school
district setting forth the rules, ((regulations,)) procedures, and
standards of conduct for the school or school district.
(e) Each school shall develop a process for discussing the
district's sexual harassment policy. The process shall ensure the
discussion addresses the definition of sexual harassment and issues
covered in the sexual harassment policy.
(f) The office of the superintendent of public instruction shall
not require annual training to address the policies of this section.
Beginning in 2013, training may be offered every four years, except for
new employees who shall receive training within the first year of their
hire date.
(g) "Sexual harassment" as used in this section means unwelcome
sexual advances, requests for sexual favors, sexually motivated
physical contact, or other verbal or physical conduct or communication
of a sexual nature if:
(i) Submission to that conduct or communication is made a term or
condition, either explicitly or implicitly, of obtaining an education
or employment;
(ii) Submission to or rejection of that conduct or communication by
an individual is used as a factor in decisions affecting that
individual's education or employment; or
(iii) That conduct or communication has the purpose or effect of
substantially interfering with an individual's educational or work
performance, or of creating an intimidating, hostile, or offensive
educational or work environment.
Sec. 25 RCW 28A.655.061 and 2009 c 524 s 5 are each amended to
read as follows:
(1) The high school assessment system shall include but need not be
limited to the Washington assessment of student learning, opportunities
for a student to retake the content areas of the assessment in which
the student was not successful, and if approved by the legislature
pursuant to subsection (10) of this section, one or more objective
alternative assessments for a student to demonstrate achievement of
state academic standards. The objective alternative assessments for
each content area shall be comparable in rigor to the skills and
knowledge that the student must demonstrate on the Washington
assessment of student learning for each content area.
(2) Subject to the conditions in this section, a certificate of
academic achievement shall be obtained by most students at about the
age of sixteen, and is evidence that the students have successfully met
the state standard in the content areas included in the certificate.
With the exception of students satisfying the provisions of RCW
28A.155.045 or 28A.655.0611, acquisition of the certificate is required
for graduation from a public high school but is not the only
requirement for graduation.
(3) Beginning with the graduating class of 2008, with the exception
of students satisfying the provisions of RCW 28A.155.045, a student who
meets the state standards on the reading, writing, and mathematics
content areas of the high school Washington assessment of student
learning shall earn a certificate of academic achievement. If a
student does not successfully meet the state standards in one or more
content areas required for the certificate of academic achievement,
then the student may retake the assessment in the content area up to
four times at no cost to the student. If the student successfully
meets the state standards on a retake of the assessment then the
student shall earn a certificate of academic achievement. Once
objective alternative assessments are authorized pursuant to subsection
(10) of this section, a student may use the objective alternative
assessments to demonstrate that the student successfully meets the
state standards for that content area if the student has taken the
Washington assessment of student learning at least once. If the
student successfully meets the state standards on the objective
alternative assessments then the student shall earn a certificate of
academic achievement.
(4) Beginning no later than with the graduating class of 2013, a
student must meet the state standards in science in addition to the
other content areas required under subsection (3) of this section on
the Washington assessment of student learning or the objective
alternative assessments in order to earn a certificate of academic
achievement. The state board of education may adopt a rule that
implements the requirements of this subsection (4) beginning with a
graduating class before the graduating class of 2013, if the state
board of education adopts the rule by September 1st of the freshman
school year of the graduating class to which the requirements of this
subsection (4) apply. The state board of education's authority under
this subsection (4) does not alter the requirement that any change in
performance standards for the tenth grade assessment must comply with
RCW 28A.305.130.
(5) The state board of education may not require the acquisition of
the certificate of academic achievement for students in home-based
instruction under chapter 28A.200 RCW, for students enrolled in private
schools under chapter 28A.195 RCW, or for students satisfying the
provisions of RCW 28A.155.045.
(6) A student may retain and use the highest result from each
successfully completed content area of the high school assessment.
(7) School districts must make available to students the following
options:
(a) To retake the Washington assessment of student learning up to
four times in the content areas in which the student did not meet the
state standards if the student is enrolled in a public school; or
(b) To retake the Washington assessment of student learning up to
four times in the content areas in which the student did not meet the
state standards if the student is enrolled in a high school completion
program at a community or technical college. The superintendent of
public instruction and the state board for community and technical
colleges shall jointly identify means by which students in these
programs can be assessed.
(8) Students who achieve the standard in a content area of the high
school assessment but who wish to improve their results shall pay for
retaking the assessment, using a uniform cost determined by the
superintendent of public instruction.
(9) Opportunities to retake the assessment at least twice a year
shall be available to each school district.
(10)(a) The office of the superintendent of public instruction
shall develop options for implementing objective alternative
assessments, which may include an appeals process for students' scores,
for students to demonstrate achievement of the state academic
standards. The objective alternative assessments shall be comparable
in rigor to the skills and knowledge that the student must demonstrate
on the Washington assessment of student learning and be objective in
its determination of student achievement of the state standards.
Before any objective alternative assessments in addition to those
authorized in RCW 28A.655.065 or (b) of this subsection are used by a
student to demonstrate that the student has met the state standards in
a content area required to obtain a certificate, the legislature shall
formally approve the use of any objective alternative assessments
through the omnibus appropriations act or by statute or concurrent
resolution.
(b)(i) A student's score on the mathematics, reading or English, or
writing portion of the SAT or the ACT may be used as an objective
alternative assessment under this section for demonstrating that a
student has met or exceeded the state standards for the certificate of
academic achievement. The state board of education shall identify the
scores students must achieve on the relevant portion of the SAT or ACT
to meet or exceed the state standard in the relevant content area on
the Washington assessment of student learning. The state board of
education shall identify the first scores by December 1, 2007. After
the first scores are established, the state board may increase but not
decrease the scores required for students to meet or exceed the state
standards.
(ii) Until August 31, 2008, a student's score on the mathematics
portion of the PSAT may be used as an objective alternative assessment
under this section for demonstrating that a student has met or exceeded
the state standard for the certificate of academic achievement. The
state board of education shall identify the score students must achieve
on the mathematics portion of the PSAT to meet or exceed the state
standard in that content area on the Washington assessment of student
learning.
(iii) A student who scores at least a three on the grading scale of
one to five for selected AP examinations may use the score as an
objective alternative assessment under this section for demonstrating
that a student has met or exceeded state standards for the certificate
of academic achievement. A score of three on the AP examinations in
calculus or statistics may be used as an alternative assessment for the
mathematics portion of the Washington assessment of student learning.
A score of three on the AP examinations in English language and
composition may be used as an alternative assessment for the writing
portion of the Washington assessment of student learning. A score of
three on the AP examinations in English literature and composition,
macroeconomics, microeconomics, psychology, United States history,
world history, United States government and politics, or comparative
government and politics may be used as an alternative assessment for
the reading portion of the Washington assessment of student learning.
(11) By December 15, 2004, the house of representatives and senate
education committees shall obtain information and conclusions from
recognized, independent, national assessment experts regarding the
validity and reliability of the high school Washington assessment of
student learning for making individual student high school graduation
determinations.
(((12) To help assure continued progress in academic achievement as
a foundation for high school graduation and to assure that students are
on track for high school graduation, each school district shall prepare
plans for and notify students and their parents or legal guardians as
provided in this subsection (12).))
(a) Student learning plans are required for eighth through twelfth
grade students who were not successful on any or all of the content
areas of the Washington assessment for student learning during the
previous school year or who may not be on track to graduate due to
credit deficiencies or absences. The parent or legal guardian shall be
notified about the information in the student learning plan, preferably
through a parent conference and at least annually. To the extent
feasible, schools serving English language learner students and their
parents shall translate the plan into the primary language of the
family. The plan shall include the following information as
applicable:
(i) The student's results on the Washington assessment of student
learning;
(ii) If the student is in the transitional bilingual program, the
score on his or her Washington language proficiency test II;
(iii) Any credit deficiencies;
(iv) The student's attendance rates over the previous two years;
(v) The student's progress toward meeting state and local
graduation requirements;
(vi) The courses, competencies, and other steps needed to be taken
by the student to meet state academic standards and stay on track for
graduation;
(vii) Remediation strategies and alternative education options
available to students, including informing students of the option to
continue to receive instructional services after grade twelve or until
the age of twenty-one;
(viii) The alternative assessment options available to students
under this section and RCW 28A.655.065;
(ix) School district programs, high school courses, and career and
technical education options available for students to meet graduation
requirements; and
(x) Available programs offered through skill centers or community
and technical colleges, including the college high school diploma
options under RCW 28B.50.535.
(b) All fifth grade students who were not successful in one or more
of the content areas of the fourth grade Washington assessment of
student learning shall have a student learning plan.
(i) The parent or guardian of the student shall be notified,
preferably through a parent conference, of the student's results on the
Washington assessment of student learning, actions the school intends
to take to improve the student's skills in any content area in which
the student was unsuccessful, and provide strategies to help them
improve their student's skills.
(ii) Progress made on the student plan shall be reported to the
student's parents or guardian at least annually and adjustments to the
plan made as necessary.
Sec. 26 RCW 39.35D.040 and 2006 c 263 s 331 are each amended to
read as follows:
(1) All major facility projects of public school districts
receiving any funding in a state capital budget must be designed and
constructed to at least the LEED silver standard or the Washington
sustainable school design protocol. To the extent appropriate LEED
silver or Washington sustainable school design protocol standards exist
for the type of building or facility, this subsection applies to major
facility projects that have not received project approval from the
superintendent of public instruction prior to: (a) July 1, 2006, for
volunteering school districts; (b) July 1, 2007, for class one school
districts; and (c) July 1, 2008, for class two school districts.
(2) Public school districts under this section shall: (a) Monitor
and document appropriate operating benefits and savings resulting from
major facility projects designed and constructed as required under this
section for a minimum of five years following local board acceptance of
a project receiving state funding; and (b) report annually to the
superintendent of public instruction. The form and content of each
report must be mutually developed by the office of the superintendent
of public instruction in consultation with school districts.
(3) The superintendent of public instruction shall consolidate the
reports required in subsection (2) of this section into one report and
report to the governor and legislature by September 1st of each even-numbered year beginning in 2006 and ending in 2016. In its report, the
superintendent of public instruction shall also report on the
implementation of this chapter, including reasons why the LEED standard
or Washington sustainable school design protocol was not used as
required by RCW 39.35D.020(5)(b). The superintendent of public
instruction shall make recommendations regarding the ongoing
implementation of this chapter, including a discussion of incentives
and disincentives related to implementing this chapter.
(4) The superintendent of public instruction shall develop and
issue guidelines for administering this chapter for public school
districts. The purpose of the guidelines is to define a procedure and
method for employing and verifying compliance with the LEED silver
standard or the Washington sustainable school design protocol.
(5) The superintendent of public instruction shall utilize the
school facilities advisory board as a high-performance buildings
advisory committee comprised of affected public schools, the
superintendent of public instruction, the department, and others at the
superintendent of public instruction's discretion to provide advice on
implementing this chapter. Among other duties, the advisory committee
shall make recommendations regarding an education and training process
and an ongoing evaluation or feedback process to help the
superintendent of public instruction implement this chapter.
(6) School districts are required to comply with this section only
to the extent federal or state funds are available.
NEW SECTION. Sec. 27 The following acts or parts of acts are
each repealed:
(1) RCW 28A.210.130 (Immunization program -- Superintendent of public
instruction to provide information) and 1990 c 33 s 197 & 1985 c 49 s
4;
(2) RCW 28A.210.360 (Model policy on access to nutritious foods and
developmentally appropriate exercise -- School district policies) and
2004 c 138 s 2;
(3) RCW 28A.210.365 (Food choice, physical activity, childhood
fitness -- Minimum standards -- District waiver or exemption policy) and
2007 c 5 s 5;
(4) RCW 28A.220.050 (Information on proper use of left-hand lane)
and 1986 c 93 s 4;
(5) RCW 28A.220.080 (Information on motorcycle awareness) and 2007
c 97 s 4 & 2004 c 126 s 1;
(6) RCW 28A.220.085 (Information on driving safely among bicyclists
and pedestrians) and 2008 c 125 s 4;
(7) RCW 28A.230.150 (Temperance and Good Citizenship Day -- Aids in
programming) and 1969 ex.s. c 223 s 28A.02.090;
(8) RCW 28A.300.280 (Conflict resolution program) and 1994 sp.s. c
7 s 611; and
(9) RCW 28A.320.185 (School gardens or farms) and 2008 c 215 s 7.
NEW SECTION. Sec. 28 Sections 3, 4, and 14 through 18 of this
act expire July 1, 2013.
NEW SECTION. Sec. 29 This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the
state government and its existing public institutions, and takes effect
immediately.