BILL REQ. #: S-4080.3
| State of Washington | 61st Legislature | 2010 Regular Session |
READ FIRST TIME 02/09/10.
AN ACT Relating to recognizing successful schools and school districts by providing school district flexibility while maintaining the school district's governance authority and control of recognized schools; amending RCW 28A.305.225; adding a new section to chapter 28A.150 RCW; adding a new section to chapter 28A.155 RCW; adding a new section to chapter 28A.160 RCW; adding a new section to chapter 28A.165 RCW; adding a new section to chapter 28A.170 RCW; adding a new section to chapter 28A.175 RCW; adding a new section to chapter 28A.180 RCW; adding a new section to chapter 28A.185 RCW; adding a new section to chapter 28A.190 RCW; adding a new section to chapter 28A.193 RCW; adding a new section to chapter 28A.205 RCW; adding a new section to chapter 28A.210 RCW; adding a new section to chapter 28A.215 RCW; adding a new section to chapter 28A.220 RCW; adding a new section to chapter 28A.225 RCW; adding a new section to chapter 28A.230 RCW; adding a new section to chapter 28A.235 RCW; adding a new section to chapter 28A.240 RCW; adding a new section to chapter 28A.245 RCW; adding a new section to chapter 28A.250 RCW; adding a new section to chapter 28A.290 RCW; adding a new section to chapter 28A.300 RCW; adding a new section to chapter 28A.305 RCW; adding a new section to chapter 28A.310 RCW; adding a new section to chapter 28A.315 RCW; adding a new section to chapter 28A.320 RCW; adding a new section to chapter 28A.323 RCW; adding a new section to chapter 28A.325 RCW; adding a new section to chapter 28A.330 RCW; adding a new section to chapter 28A.335 RCW; adding a new section to chapter 28A.340 RCW; adding a new section to chapter 28A.345 RCW; adding a new section to chapter 28A.400 RCW; adding a new section to chapter 28A.405 RCW; adding a new section to chapter 28A.410 RCW; adding a new section to chapter 28A.415 RCW; adding a new section to chapter 28A.500 RCW; adding a new section to chapter 28A.505 RCW; adding a new section to chapter 28A.510 RCW; adding a new section to chapter 28A.515 RCW; adding a new section to chapter 28A.520 RCW; adding a new section to chapter 28A.525 RCW; adding a new section to chapter 28A.527 RCW; adding a new section to chapter 28A.530 RCW; adding a new section to chapter 28A.535 RCW; adding a new section to chapter 28A.540 RCW; adding a new section to chapter 28A.545 RCW; adding a new section to chapter 28A.600 RCW; adding a new section to chapter 28A.605 RCW; adding a new section to chapter 28A.620 RCW; adding a new section to chapter 28A.623 RCW; adding a new section to chapter 28A.625 RCW; adding a new section to chapter 28A.630 RCW; adding a new section to chapter 28A.635 RCW; adding a new section to chapter 28A.640 RCW; adding a new section to chapter 28A.645 RCW; adding a new section to chapter 28A.650 RCW; adding a new section to chapter 28A.655 RCW; adding a new section to chapter 28A.660 RCW; adding a new section to chapter 28A.690 RCW; adding a new section to chapter 28A.700 RCW; and creating new sections.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
NEW SECTION. Sec. 1 (1) The legislature intends to reward
schools and school districts with greater autonomy, flexibility, and
control over the operation of the schools and districts when recognized
by the state board of education as having exemplary student
performance, while maintaining the school district's governance
authority and control of recognized schools by the school district
board of directors. The legislature finds that increasing flexibility
requires that only minimal state-level requirements be imposed upon the
recognized schools and districts. It is the intent of the legislature
that this reward will be an incentive to educators, schools, school
districts, and communities to continue to strive towards improving
student academic performance through the use of successful learning
strategies.
(2) The legislature finds that Washington has a strong history of
local control and that a locally elected school board is vested with
significant governance authority over the schools in the district. The
legislature has no intent to interfere with or lessen that authority
with this act. Instead, the legislature intends to recognize and
reward those school boards of directors that have continually made good
decisions and have helped to promote successful, productive learning
environments in the schools by giving the districts even greater
flexibility.
Sec. 2 RCW 28A.305.225 and 2009 c 548 s 503 are each amended to
read as follows:
(1) The state board of education shall continue to refine the
development of an accountability framework that creates a unified
system of support for challenged schools((,)) that aligns with basic
education, increases the level of support based upon the magnitude of
need, and uses data for decisions.
(2)(a) The state board of education shall develop an accountability
index to identify public schools and districts for recognition and for
additional state support. The index shall be based on criteria that
are fair, consistent, and transparent. Performance shall be measured
using multiple outcomes and indicators including, but not limited to,
graduation rates and results from statewide assessments. The index
shall be developed in such a way as to be easily understood by both
employees within the schools and districts, as well as parents and
community members. It is the legislature's intent that the index
provide feedback to schools and districts to self-assess their
progress, and enable the identification of schools with exemplary
((student)) performance and those that need assistance to overcome
challenges in order to achieve exemplary ((student)) performance.
(b) Once the state board of education uses the accountability index
((has identified)) to identify schools and school districts for a
specific exemplary performance award, as defined by the state board of
education, then the recognized schools or school districts shall be
rewarded with greater autonomy, flexibility, and control and shall be
required to meet only the minimal state-level requirements for two
school years following the school year in which the school or district
was recognized; however the school district in which any school is
recognized shall retain governance authority and control of recognized
schools by the school district board of directors. The recognized
school districts shall retain all the powers and authority of a school
district. The recognized schools and school districts shall comply
only with the following state-level requirements:
(i) To hire, manage, and discharge any school employee in
accordance with the terms of the relevant state law and rules and the
local collective bargaining agreement, including chapters 41.56, 41.58,
and 41.59 RCW; and including employing certificated instructional staff
as required in RCW 28A.410.250, but may hire noncertificated
instructional staff of unusual competence and in exceptional cases as
specified in RCW 28A.150.260;
(ii) To comply with the employee record check requirements in RCW
28A.400.303;
(iii) To adhere to the state and federal health, safety, parents'
and students' rights, civil rights, special education, privacy, and
nondiscrimination laws, rules, and regulations;
(iv) To participate in free and reduced priced meal programs to the
extent required by law;
(v) To provide the program of basic education required under RCW
28A.150.200 as it applies to schools and school districts, and
administer the required statewide assessments under chapter 28A.655 RCW
to assess whether a student has met the state standards;
(vi) To meet the terms of the performance goals and reporting
requirements under RCW 28A.655.100 and 28A.655.110;
(vii) Be subject to the state and federal student accountability
requirements;
(viii) Be subject to the annual adoption and filing of the district
budget and financial statements;
(ix) Be subject to financial examinations and audits as determined
by the state auditor and the office of the superintendent of public
instruction, including audits for legal and fiscal compliance;
(x) To comply with the requirements of chapter 28A.500 RCW for
local effort assistance;
(xi) To follow the requirements for the election of school district
directors as provided in chapter 28A.343 RCW;
(xii) To comply with the open public meetings act in chapter 42.30
RCW and the open public records requirements in chapter 42.56 RCW; and
(xiii) To adhere to the provisions of the interstate compact on
educational opportunity for military children.
(b) Once the state board of education uses the accountability index
to identify the schools and districts that need additional help, a more
thorough analysis will be done to analyze specific conditions in the
district including but not limited to the level of state resources a
school or school district receives in support of the basic education
system, achievement gaps for different groups of students, and
community support.
(3) Based on the accountability index and in consultation with the
superintendent of public instruction, the state board of education
shall develop a proposal and timeline for implementation of a
comprehensive system of voluntary support and assistance for schools
and districts. The timeline must take into account and accommodate
capacity limitations of the K-12 educational system. Changes that have
a fiscal impact on school districts, as identified by a fiscal analysis
prepared by the office of the superintendent of public instruction,
shall take effect only if formally authorized by the legislature
through the omnibus appropriations act or other enacted legislation.
(4)(a) The state board of education shall develop a proposal and
implementation timeline for a more formalized comprehensive system
improvement targeted to challenged schools and districts that have not
demonstrated sufficient improvement through the voluntary system. The
timeline must take into account and accommodate capacity limitations of
the K-12 educational system. The proposal and timeline shall be
submitted to the education committees of the legislature by December 1,
2009, and shall include recommended legislation and recommended
resources to implement the system according to the timeline developed.
(b) The proposal shall outline a process for addressing performance
challenges that will include the following features: (i) An academic
performance audit using peer review teams of educators that considers
school and community factors in addition to other factors in developing
recommended specific corrective actions that should be undertaken to
improve student learning; (ii) a requirement for the local school board
plan to develop and be responsible for implementation of corrective
action plan taking into account the audit findings, which plan must be
approved by the state board of education at which time the plan becomes
binding upon the school district to implement; and (iii) monitoring of
local district progress by the office of the superintendent of public
instruction. The proposal shall take effect only if formally
authorized by the legislature through the omnibus appropriations act or
other enacted legislation.
(5) In coordination with the superintendent of public instruction,
the state board of education shall seek approval from the United States
department of education for use of the accountability index and the
state system of support, assistance, and intervention, to replace the
federal accountability system under P.L. 107-110, the no child left
behind act of 2001.
(6) The state board of education shall work with the education data
center established within the office of financial management and the
technical working group established in section 112, chapter 548, Laws
of 2009 to determine the feasibility of using the prototypical funding
allocation model as not only a tool for allocating resources to schools
and districts but also as a tool for schools and districts to report to
the state legislature and the state board of education on how the state
resources received are being used.
NEW SECTION. Sec. 3 A new section is added to chapter 28A.150
RCW to read as follows:
(2) The superintendent of public instruction and the state board of
education may jointly adopt rules to implement this section.
NEW SECTION. Sec. 4 A new section is added to chapter 28A.155
RCW to read as follows:
(2) The superintendent of public instruction and the state board of
education may jointly adopt rules to implement this section.
NEW SECTION. Sec. 5 A new section is added to chapter 28A.160
RCW to read as follows:
(2) The superintendent of public instruction and the state board of
education may jointly adopt rules to implement this section.
NEW SECTION. Sec. 6 A new section is added to chapter 28A.165
RCW to read as follows:
(2) The superintendent of public instruction and the state board of
education may jointly adopt rules to implement this section.
NEW SECTION. Sec. 7 A new section is added to chapter 28A.170
RCW to read as follows:
(2) The superintendent of public instruction and the state board of
education may jointly adopt rules to implement this section.
NEW SECTION. Sec. 8 A new section is added to chapter 28A.175
RCW to read as follows:
(2) The superintendent of public instruction and the state board of
education may jointly adopt rules to implement this section.
NEW SECTION. Sec. 9 A new section is added to chapter 28A.180
RCW to read as follows:
(2) The superintendent of public instruction and the state board of
education may jointly adopt rules to implement this section.
NEW SECTION. Sec. 10 A new section is added to chapter 28A.185
RCW to read as follows:
(2) The superintendent of public instruction and the state board of
education may jointly adopt rules to implement this section.
NEW SECTION. Sec. 11 A new section is added to chapter 28A.190
RCW to read as follows:
(2) The superintendent of public instruction and the state board of
education may jointly adopt rules to implement this section.
NEW SECTION. Sec. 12 A new section is added to chapter 28A.193
RCW to read as follows:
(2) The superintendent of public instruction and the state board of
education may jointly adopt rules to implement this section.
NEW SECTION. Sec. 13 A new section is added to chapter 28A.205
RCW to read as follows:
(2) The superintendent of public instruction and the state board of
education may jointly adopt rules to implement this section.
NEW SECTION. Sec. 14 A new section is added to chapter 28A.210
RCW to read as follows:
(2) The superintendent of public instruction and the state board of
education may jointly adopt rules to implement this section.
NEW SECTION. Sec. 15 A new section is added to chapter 28A.215
RCW to read as follows:
(2) The superintendent of public instruction and the state board of
education may jointly adopt rules to implement this section.
NEW SECTION. Sec. 16 A new section is added to chapter 28A.220
RCW to read as follows:
(2) The superintendent of public instruction and the state board of
education may jointly adopt rules to implement this section.
NEW SECTION. Sec. 17 A new section is added to chapter 28A.225
RCW to read as follows:
(2) The superintendent of public instruction and the state board of
education may jointly adopt rules to implement this section.
NEW SECTION. Sec. 18 A new section is added to chapter 28A.230
RCW to read as follows:
(2) The superintendent of public instruction and the state board of
education may jointly adopt rules to implement this section.
NEW SECTION. Sec. 19 A new section is added to chapter 28A.235
RCW to read as follows:
(2) The superintendent of public instruction and the state board of
education may jointly adopt rules to implement this section.
NEW SECTION. Sec. 20 A new section is added to chapter 28A.245
RCW to read as follows:
(2) The superintendent of public instruction and the state board of
education may jointly adopt rules to implement this section.
NEW SECTION. Sec. 21 A new section is added to chapter 28A.250
RCW to read as follows:
(2) The superintendent of public instruction and the state board of
education may jointly adopt rules to implement this section.
NEW SECTION. Sec. 22 A new section is added to chapter 28A.290
RCW to read as follows:
(2) The superintendent of public instruction and the state board of
education may jointly adopt rules to implement this section.
NEW SECTION. Sec. 23 A new section is added to chapter 28A.300
RCW to read as follows:
(2) The superintendent of public instruction and the state board of
education may jointly adopt rules to implement this section.
NEW SECTION. Sec. 24 A new section is added to chapter 28A.305
RCW to read as follows:
(2) The superintendent of public instruction and the state board of
education may jointly adopt rules to implement this section.
NEW SECTION. Sec. 25 A new section is added to chapter 28A.310
RCW to read as follows:
(2) The superintendent of public instruction and the state board of
education may jointly adopt rules to implement this section.
NEW SECTION. Sec. 26 A new section is added to chapter 28A.315
RCW to read as follows:
(2) The superintendent of public instruction and the state board of
education may jointly adopt rules to implement this section.
NEW SECTION. Sec. 27 A new section is added to chapter 28A.320
RCW to read as follows:
(2) The superintendent of public instruction and the state board of
education may jointly adopt rules to implement this section.
NEW SECTION. Sec. 28 A new section is added to chapter 28A.323
RCW to read as follows:
(2) The superintendent of public instruction and the state board of
education may jointly adopt rules to implement this section.
NEW SECTION. Sec. 29 A new section is added to chapter 28A.325
RCW to read as follows:
(2) The superintendent of public instruction and the state board of
education may jointly adopt rules to implement this section.
NEW SECTION. Sec. 30 A new section is added to chapter 28A.330
RCW to read as follows:
(2) The superintendent of public instruction and the state board of
education may jointly adopt rules to implement this section.
NEW SECTION. Sec. 31 A new section is added to chapter 28A.335
RCW to read as follows:
(2) The superintendent of public instruction and the state board of
education may jointly adopt rules to implement this section.
NEW SECTION. Sec. 32 A new section is added to chapter 28A.340
RCW to read as follows:
(2) The superintendent of public instruction and the state board of
education may jointly adopt rules to implement this section.
NEW SECTION. Sec. 33 A new section is added to chapter 28A.345
RCW to read as follows:
(2) The superintendent of public instruction and the state board of
education may jointly adopt rules to implement this section.
NEW SECTION. Sec. 34 A new section is added to chapter 28A.400
RCW to read as follows:
(2) The superintendent of public instruction and the state board of
education may jointly adopt rules to implement this section.
NEW SECTION. Sec. 35 A new section is added to chapter 28A.405
RCW to read as follows:
(2) The superintendent of public instruction and the state board of
education may jointly adopt rules to implement this section.
NEW SECTION. Sec. 36 A new section is added to chapter 28A.410
RCW to read as follows:
(2) The superintendent of public instruction and the state board of
education may jointly adopt rules to implement this section.
NEW SECTION. Sec. 37 A new section is added to chapter 28A.415
RCW to read as follows:
(2) The superintendent of public instruction and the state board of
education may jointly adopt rules to implement this section.
NEW SECTION. Sec. 38 A new section is added to chapter 28A.500
RCW to read as follows:
(2) The superintendent of public instruction and the state board of
education may jointly adopt rules to implement this section.
NEW SECTION. Sec. 39 A new section is added to chapter 28A.505
RCW to read as follows:
(2) The superintendent of public instruction and the state board of
education may jointly adopt rules to implement this section.
NEW SECTION. Sec. 40 A new section is added to chapter 28A.510
RCW to read as follows:
(2) The superintendent of public instruction and the state board of
education may jointly adopt rules to implement this section.
NEW SECTION. Sec. 41 A new section is added to chapter 28A.515
RCW to read as follows:
(2) The superintendent of public instruction and the state board of
education may jointly adopt rules to implement this section.
NEW SECTION. Sec. 42 A new section is added to chapter 28A.520
RCW to read as follows:
(2) The superintendent of public instruction and the state board of
education may jointly adopt rules to implement this section.
NEW SECTION. Sec. 43 A new section is added to chapter 28A.525
RCW to read as follows:
(2) The superintendent of public instruction and the state board of
education may jointly adopt rules to implement this section.
NEW SECTION. Sec. 44 A new section is added to chapter 28A.527
RCW to read as follows:
(2) The superintendent of public instruction and the state board of
education may jointly adopt rules to implement this section.
NEW SECTION. Sec. 45 A new section is added to chapter 28A.530
RCW to read as follows:
(2) The superintendent of public instruction and the state board of
education may jointly adopt rules to implement this section.
NEW SECTION. Sec. 46 A new section is added to chapter 28A.535
RCW to read as follows:
(2) The superintendent of public instruction and the state board of
education may jointly adopt rules to implement this section.
NEW SECTION. Sec. 47 A new section is added to chapter 28A.540
RCW to read as follows:
(2) The superintendent of public instruction and the state board of
education may jointly adopt rules to implement this section.
NEW SECTION. Sec. 48 A new section is added to chapter 28A.545
RCW to read as follows:
(2) The superintendent of public instruction and the state board of
education may jointly adopt rules to implement this section.
NEW SECTION. Sec. 49 A new section is added to chapter 28A.600
RCW to read as follows:
(2) The superintendent of public instruction and the state board of
education may jointly adopt rules to implement this section.
NEW SECTION. Sec. 50 A new section is added to chapter 28A.605
RCW to read as follows:
(2) The superintendent of public instruction and the state board of
education may jointly adopt rules to implement this section.
NEW SECTION. Sec. 51 A new section is added to chapter 28A.620
RCW to read as follows:
(2) The superintendent of public instruction and the state board of
education may jointly adopt rules to implement this section.
NEW SECTION. Sec. 52 A new section is added to chapter 28A.623
RCW to read as follows:
(2) The superintendent of public instruction and the state board of
education may jointly adopt rules to implement this section.
NEW SECTION. Sec. 53 A new section is added to chapter 28A.625
RCW to read as follows:
(2) The superintendent of public instruction and the state board of
education may jointly adopt rules to implement this section.
NEW SECTION. Sec. 54 A new section is added to chapter 28A.630
RCW to read as follows:
(2) The superintendent of public instruction and the state board of
education may jointly adopt rules to implement this section.
NEW SECTION. Sec. 55 A new section is added to chapter 28A.635
RCW to read as follows:
(2) The superintendent of public instruction and the state board of
education may jointly adopt rules to implement this section.
NEW SECTION. Sec. 56 A new section is added to chapter 28A.640
RCW to read as follows:
(2) The superintendent of public instruction and the state board of
education may jointly adopt rules to implement this section.
NEW SECTION. Sec. 57 A new section is added to chapter 28A.645
RCW to read as follows:
(2) The superintendent of public instruction and the state board of
education may jointly adopt rules to implement this section.
NEW SECTION. Sec. 58 A new section is added to chapter 28A.650
RCW to read as follows:
(2) The superintendent of public instruction and the state board of
education may jointly adopt rules to implement this section.
NEW SECTION. Sec. 59 A new section is added to chapter 28A.655
RCW to read as follows:
(2) The superintendent of public instruction and the state board of
education may jointly adopt rules to implement this section.
NEW SECTION. Sec. 60 A new section is added to chapter 28A.660
RCW to read as follows:
(2) The superintendent of public instruction and the state board of
education may jointly adopt rules to implement this section.
NEW SECTION. Sec. 61 A new section is added to chapter 28A.690
RCW to read as follows:
(2) The superintendent of public instruction and the state board of
education may jointly adopt rules to implement this section.
NEW SECTION. Sec. 62 A new section is added to chapter 28A.700
RCW to read as follows:
(2) The superintendent of public instruction and the state board of
education may jointly adopt rules to implement this section.
NEW SECTION. Sec. 63 If any part of this act is found to be in
conflict with federal requirements that are a prescribed condition to
the allocation of federal funds to the state, the conflicting part of
this act is inoperative solely to the extent of the conflict and with
respect to the agencies directly affected, and this finding does not
affect the operation of the remainder of this act in its application to
the agencies concerned. Rules adopted under this act must meet federal
requirements that are a necessary condition to the receipt of federal
funds by the state.
NEW SECTION. Sec. 64 If any provision of this act or its
application to any person or circumstance is held invalid, the
remainder of the act or the application of the provision to other
persons or circumstances is not affected.