CERTIFICATION OF ENROLLMENT

SENATE BILL 6168

Chapter 578, Laws of 2009

(partial veto)

61st Legislature
2009 Regular Session



STATE EDUCATION PROGRAMS--COST REDUCTIONS



EFFECTIVE DATE: 07/26/09

Passed by the Senate April 20, 2009
  YEAS 43   NAYS 4

BRAD OWEN
________________________________________    
President of the Senate
Passed by the House April 25, 2009
  YEAS 95   NAYS 0

FRANK CHOPP
________________________________________    
Speaker of the House of Representatives


 
CERTIFICATE

I, Thomas Hoemann, Secretary of the Senate of the State of Washington, do hereby certify that the attached is SENATE BILL 6168 as passed by the Senate and the House of Representatives on the dates hereon set forth.

THOMAS HOEMANN
________________________________________    
Secretary
Approved May 19, 2009, 4:13 p.m., with the exception of Sections 3, 4 and 8 which are vetoed.






CHRISTINE GREGOIRE
________________________________________    
Governor of the State of Washington
 
FILED
May 20, 2009







Secretary of State
State of Washington


_____________________________________________ 

SENATE BILL 6168
_____________________________________________

Passed Legislature - 2009 Regular Session
State of Washington61st Legislature2009 Regular Session

By Senators Tom and Prentice

  



     AN ACT Relating to reducing costs in state elementary and secondary education programs; and amending RCW 28A.415.380, 28A.320.190, 28A.415.340, 28A.300.515, 28A.630.035, 28A.300.130, 28A.245.060, 28A.625.020, 28A.300.520, and 28A.320.125.

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

Sec. 1   RCW 28A.415.380 and 2007 c 396 s 4 are each amended to read as follows:
     (1) A mathematics and science instructional coach program is authorized, which shall consist of a coach development institute, coaching seminars, coaching activities in schools, and program evaluation.
     (2) The office of the superintendent of public instruction shall develop a mathematics and science instructional coach program that includes an initial coach development experience for new coaches provided through an institute setting, coaching support seminars, and additional coach development services. The office shall draw upon the experiences of coaches in federally supported elementary literacy programs and other successful programs, research and policy briefs on adult professional development, and research that specifically addresses the instructional environments of middle, junior high, and high schools as well as the unique aspects of the fields of mathematics and science.
     (3) The office of the superintendent of public instruction shall design the application process and select the program participants.
     (4) Schools and school districts participating in the program shall carefully select the individuals to perform the role of mathematics or science instructional coach. Characteristics to be considered for a successful coach include:
     (a) Expertise in content area;
     (b) Expertise in various instructional methodologies and personalizing learning;
     (c) Personal skills that include skilled listening, questioning, trust-building, and problem-solving;
     (d) Understanding and appreciation for the differences in adult learners and student learners; and
     (e) Capacity for strategic planning and quality program implementation.
     (5) The role of the mathematics or science instructional coach is focused on supporting teachers as they apply knowledge, develop skills, polish techniques, and deepen their understanding of content and instructional practices. This work takes a number of forms including: Individualized professional development, department-wide and school-wide professional development, guidance in student data interpretation, and using assessment to guide instruction. Each coach shall be assigned to two schools as part of the program.
     (6) Program participants have the following responsibilities:
     (a) Mathematics and science coaches shall participate in the coach development institute as well as in coaching support seminars that take place throughout the school year, practice coaching activities as guided by those articulated in the role of the coach in subsection (5) of this section, collect data, and participate in program evaluation activities as requested by the institute pursuant to subsection (7) of this section.
     (b) School and district administrators in districts in which the mathematics and science coaches are practicing shall participate in program evaluation activities.
     (7)(a) The Washington State University social and economic sciences research center shall conduct an evaluation of the mathematics and science instructional coach program in this section. Data shall be collected through various instruments including surveys, program and activity reports, student performance measures, observations, interviews, and other processes. Findings shall include an evaluation of the coach development institute, coaching support seminars, and other coach support activities; recommendations with regard to the characteristics required of the coaches; identification of changes in teacher instruction related to coaching activities; and identification of the satisfaction level with coaching activities as experienced by classroom teachers and administrators.
     (b) The Washington State University social and economic sciences research center shall report its findings to the governor, the office of the superintendent of public instruction, and the education and fiscal committees of the legislature. An interim report is due November 1, 2008. The final report is due December 1, 2009.
     (8) The mathematics and science instructional coach program in this section shall be implemented to the extent funds are available for that purpose.

Sec. 2   RCW 28A.320.190 and 2008 c 321 s 3 are each amended to read as follows:
     (1) The extended learning opportunities program is created for eligible eleventh and twelfth grade students who are not on track to meet local or state graduation requirements as well as eighth grade students who ((may not be on track to meet the standard on the Washington assessment of student learning or)) need additional assistance in order to have the opportunity for a successful entry into high school. The program shall provide early notification of graduation status and information on education opportunities including preapprenticeship programs that are available.
     (2) Under the extended learning opportunities program and to the extent funds are available for that purpose, districts shall make available to students in grade twelve who have failed to meet one or more local or state graduation requirements the option of continuing enrollment in the school district in accordance with RCW 28A.225.160. Districts are authorized to use basic education program funding to provide instruction to eligible students under RCW 28A.150.220(3).
     (3) Under the extended learning (([opportunities])) opportunities program, instructional services for eligible students can occur during the regular school day, evenings, on weekends, or at a time and location deemed appropriate by the school district, including the educational service district, in order to meet the needs of these students. Instructional services provided under this section do not include services offered at private schools. Instructional services can include, but are not limited to, the following:
     (a) Individual or small group instruction;
     (b) Instruction in English language arts and/or mathematics that eligible students need to pass all or part of the Washington assessment of student learning;
     (c) Attendance in a public high school or public alternative school classes or at a skill center;
     (d) Inclusion in remediation programs, including summer school;
     (e) Language development instruction for English language learners;
     (f) Online curriculum and instructional support, including programs for credit retrieval and Washington assessment of student learning preparatory classes; and
     (g) Reading improvement specialists available at the educational service districts to serve eighth, eleventh, and twelfth grade educators through professional development in accordance with RCW 28A.415.350. The reading improvement specialist may also provide direct services to eligible students and those students electing to continue a fifth year in a high school program who are still struggling with basic reading skills.

     *Sec. 3   RCW 28A.415.340 and 2007 c 402 s 1 are each amended to read as follows:
     (1) Research supports the value of quality school and school district leadership. Effective leadership is critical to improving student learning and transforming underperforming schools and school districts into world-class learning centers.
     (2) A public-private partnership is established to develop, pilot, and implement, to the extent funds are available, the Washington state leadership academy to focus on the development and enhancement of personal leadership characteristics and the teaching of effective practices and skills demonstrated by school and district administrators who are successful managers and instructional leaders. It is the goal of the academy to provide state-of-the-art programs and services across the state.
     (3) Academy partners include the state superintendent and principal professional associations, private nonprofit foundations, institutions of higher education with approved educator preparation programs, the professional educator standards board, the office of the superintendent of public instruction, educational service districts, the state school business officers' association, and other entities identified by the partners. The partners shall designate an independent organization to act as the fiscal agent for the academy and shall establish a board of directors to oversee and direct the academy's finances, services, and programs. The academy shall be supported by a national research institution with demonstrated expertise in educational leadership.
     (4) Initial development of academy course content and activities shall be supported by private funds. Implementation of the Washington state leadership academy is subject to the availability of funds. Initial tasks of the academy are to:
     (a) Finalize a comprehensive design of the academy and the development of the curriculum frameworks for a comprehensive leadership development program that includes coursework, practicum, mentoring, and evaluation components;
     (b) Develop curriculum for individual leadership topics;
     (c) Pilot the curriculum and all program components; and
     (d) Modify the comprehensive design, curriculum coursework, practicum, and mentoring programs based on the research results gained from pilot activities.
     (5) The board of directors shall report semiannually to the superintendent of public instruction on the financial contributions provided by foundations and other organizations to support the work of the academy. The board of directors shall report by December 31st each year to the superintendent of public instruction on the programs and services provided, numbers of participants in the various academy activities, evaluation activities regarding program and participant outcomes, and plans for the academy's future development.
     (6) The board of directors shall make recommendations for changes in superintendent and principal preparation programs, the administrator licensure system, and continuing education requirements.
     *Sec. 3 was vetoed. See message at end of chapter.

     *Sec. 4   RCW 28A.300.515 and 2007 c 396 s 15 are each amended to read as follows:
     To the extent funds are available for this purpose, the superintendent of public instruction shall provide support for statewide coordination for math, science, and technology, including employing a statewide director for math, science, and technology. The duties of the director shall include, but not be limited to:
     (1) Within funds specifically appropriated therefor, obtain a statewide license, or otherwise obtain and disseminate, an interactive, project-based high school and middle school technology curriculum that includes a comprehensive professional development component for teachers and, if possible, counselors, and also includes a systematic program evaluation. The curriculum must be distributed to all school districts, or as many as feasible, by the 2007-08 school year;
     (2) Within funds specifically appropriated therefor, supporting a public-private partnership to assist school districts with implementing an ongoing, inquiry-based science program that is based on a research-based model of systemic reform and aligned with the Washington state science grade level expectations;
     (3) Within funds specifically appropriated therefor, supporting a public-private partnership to provide enriching opportunities in mathematics, engineering, and science for underrepresented students in grades kindergarten through twelve using exemplary materials and instructional approaches;
     (4) In an effort to increase precollege and prework interest in math, science, and technology fields, in collaboration with the community and technical colleges, the four-year institutions of higher education, and the workforce training and education coordinating board, conducting outreach efforts to attract middle and high school students to careers in math, science, and technology and to educate students about the coursework that is necessary to be adequately prepared to succeed in these fields;
     (5) Coordinating youth opportunities in math, science, and technology, including facilitating student participation in school clubs, state-level fairs, national competitions, and encouraging partnerships between students and university faculty or industry to facilitate such student participation;
     (6) Developing and maintaining public-private partnerships to generate business and industry assistance to accomplish the following:
     (a) Increasing student engagement and career awareness, including increasing student participation in the youth opportunities in subsection (5) of this section;
     (b) Creation and promotion of student scholarships, internships, and apprenticeships;
     (c) Provision of relevant teacher experience and training, including on-the-job professional development opportunities;
     (d) Upgrading kindergarten through twelfth grade school equipment and facilities to support high quality math, science, and technology programs;
     (7) Assembling a cadre of inspiring speakers employed or experienced in the relevant fields to speak to kindergarten through twelfth grade students to demonstrate the breadth of the opportunities in the relevant fields as well as share the types of coursework that ((is [are])) are necessary for someone to be successful in the relevant field;
     (8) Providing technical assistance to schools and school districts, including working with counselors in support of the math, science, and technology programs; and
     (9) Reporting annually to the legislature about the actions taken to provide statewide coordination for math, science, and technology.
     *Sec. 4 was vetoed. See message at end of chapter.

Sec. 5   RCW 28A.630.035 and 2006 c 113 s 3 are each amended to read as follows:
     (1) The legislature finds that the complexity of modern political life has created a demand for informed citizens who are willing not only to vote, but also to participate in the elections process.
     (2) The purpose of this section is to create a pilot project to help graduate students who are better voters, better citizens, and who are ready to take an informed and responsible place in society.
     (3) The office of the superintendent of public instruction, within funds available for this purpose, shall work with selected county auditors' offices to develop an interactive high school civics curriculum to help students learn how to become informed citizens. The curriculum shall meet the requirements for the office of the superintendent of public instruction's classroom-based assessments. Staff from the office of the superintendent of public instruction shall work directly in the curriculum development.
     (4) Counties ((shall)) may apply to, and be selected by, the office of the superintendent of public instruction to participate in the pilot project under this section. A maximum of fifteen counties may participate.
     (5) The curriculum shall include, but not be limited to:
     (a) Local government organization;
     (b) A discussion of ballot measures, initiatives, and referenda;
     (c) The role of the precinct in defining ballots, candidates, and political activities;
     (d) The roles and responsibilities of taxing jurisdictions in establishing ballot measures; and
     (e) The work of conducting elections.
     (6) The study may include in the curriculum civics essential academic learning requirements relating to examining representative government and citizen participation and analyzing the purposes and organization of government and laws.
     (7) To the extent funds are available, a curriculum guide shall be developed that will help teachers and students maximize the learning of key issues in civics, and shall include strategies for helping students develop voters' guide information for ballot issues and candidates who appear on the ballot. This guide should incorporate ideas from other Washington state civics education programs, such as "We the People" and "Project Citizen." The guide should also present ideas for sharing the results of an election with the larger community and with local government officials in productive, meaningful ways.
     (8) In addition to the required components of the pilot project under this section, other activities may be included in the project, such as:
     (a) Conducting mock county elections at schools; and
     (b) Preparing an advisory issue on which the school would vote, including issue preparation, conducting the election, and preparing a presentation to a local government official on the results of the advisory issue.
     (9) The pilot project shall operate for the 2006-07 and 2007-08 school years.
     (((10) Funds for the pilot project shall be made available to the office of the superintendent of public instruction for a contract position in civics curriculum and for support costs for soliciting and implementing volunteer participation.
     (11)
)) The office of the superintendent of public instruction shall adopt rules to implement this section, including rules specifying selection criteria for counties that wish to participate.
     (((12))) (11) The superintendent of public instruction shall provide an interim report to appropriate committees of the legislature by December 1, 2008, and a final report by December 1, 2009, detailing the results of the project and budget recommendations for expansion, if appropriate.
     (((13))) (12) This section expires January 31, 2010.

Sec. 6   RCW 28A.300.130 and 2008 c 165 s 1 are each amended to read as follows:
     (1) To facilitate access to information and materials on educational improvement and research, the superintendent of public instruction, to the extent funds are appropriated, shall establish the center for the improvement of student learning. The center shall work in conjunction with parents, educational service districts, institutions of higher education, and education, parent, community, and business organizations.
     (2) The center, to the extent funds are appropriated for this purpose, and in conjunction with other staff in the office of the superintendent of public instruction, shall:
     (a) Serve as a clearinghouse for information regarding successful educational improvement and parental involvement programs in schools and districts, and information about efforts within institutions of higher education in the state to support educational improvement initiatives in Washington schools and districts;
     (b) Provide best practices research that can be used to help schools develop and implement: Programs and practices to improve instruction; systems to analyze student assessment data, with an emphasis on systems that will combine the use of state and local data to monitor the academic progress of each and every student in the school district; comprehensive, school-wide improvement plans; school-based shared decision-making models; programs to promote lifelong learning and community involvement in education; school-to-work transition programs; programs to meet the needs of highly capable students; programs and practices to meet the needs of students with disabilities; programs and practices to meet the diverse needs of students based on gender, racial, ethnic, economic, and special needs status; research, information, and technology systems; and other programs and practices that will assist educators in helping students learn the essential academic learning requirements;
     (c) Develop and maintain an internet web site to increase the availability of information, research, and other materials;
     (d) Work with appropriate organizations to inform teachers, district and school administrators, and school directors about the waivers available and the broadened school board powers under RCW 28A.320.015;
     (e) Provide training and consultation services, including conducting regional summer institutes;
     (f) Identify strategies for improving the success rates of ethnic and racial student groups and students with disabilities, with disproportionate academic achievement;
     (g) Work with parents, teachers, and school districts in establishing a model absentee notification procedure that will properly notify parents when their student has not attended a class or has missed a school day. The office of the superintendent of public instruction shall consider various types of communication with parents including, but not limited to, electronic mail, phone, and postal mail; and
     (h) Perform other functions consistent with the purpose of the center as prescribed in subsection (1) of this section.
     (3) The superintendent of public instruction shall select and employ a director for the center.
     (4) The superintendent may enter into contracts with individuals or organizations including but not limited to: School districts; educational service districts; educational organizations; teachers; higher education faculty; institutions of higher education; state agencies; business or community-based organizations; and other individuals and organizations to accomplish the duties and responsibilities of the center. In carrying out the duties and responsibilities of the center, the superintendent, whenever possible, shall use practitioners to assist agency staff as well as assist educators and others in schools and districts.
     (5) The office of the superintendent of public instruction shall report to the legislature by September 1, 2007, and thereafter biennially, regarding the effectiveness of the center for the improvement of student learning, how the services provided by the center for the improvement of student learning have been used and by whom, and recommendations to improve the accessibility and application of knowledge and information that leads to improved student learning and greater family and community involvement in the public education system.

Sec. 7   RCW 28A.245.060 and 2007 c 463 s 7 are each amended to read as follows:
     To the extent funds are available, the superintendent of public instruction shall assign at least one full-time equivalent staff position within the office of the superintendent of public instruction to serve as the director of skill centers.

     *Sec. 8   RCW 28A.625.020 and 1991 c 255 s 1 are each amended to read as follows:
     (1) The superintendent of public instruction shall establish an annual award program for excellence in education to recognize teachers, principals, administrators, classified staff, school district superintendents, and school boards for their leadership, contributions, and commitment to education. The program shall recognize annually:
     (((1))) (a) Five teachers from each congressional district of the state. One individual must be an elementary level teacher, one must be a junior high or middle school level teacher, and one must be a secondary level teacher. Teachers shall include educational staff associates;
     (((2))) (b) Five principals or administrators from the state;
     (((3))) (c) One school district superintendent from the state;
     (((4))) (d) One school district board of directors from the state; and
     (((5))) (e) Three classified staff from each congressional district of the state.
     (2) Implementation of the program in this section is contingent on the provision of funds available for this purpose.
     *Sec. 8 was vetoed. See message at end of chapter.

Sec. 9   RCW 28A.300.520 and 2007 c 384 s 5 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.

Sec. 10   RCW 28A.320.125 and 2007 c 406 s 1 are each amended to read as follows:
     (1) The legislature considers it to be a matter of public safety for public schools and staff to have current safe school plans and procedures in place, fully consistent with federal law. The legislature further finds and intends, by requiring safe school plans to be in place, that school districts will become eligible for federal assistance. The legislature further finds that schools are in a position to serve the community in the event of an emergency resulting from natural disasters or man-made disasters.
     (2) Schools and school districts shall consider the guidance provided by the superintendent of public instruction, including the comprehensive school safety checklist and the model comprehensive safe school plans that include prevention, intervention, all hazard/crisis response, and postcrisis recovery, when developing their own individual comprehensive safe school plans. Each school district shall adopt, no later than September 1, 2008, and implement a safe school plan consistent with the school mapping information system pursuant to RCW 36.28A.060. The plan shall:
     (a) Include required school safety policies and procedures;
     (b) Address emergency mitigation, preparedness, response, and recovery;
     (c) Include provisions for assisting and communicating with students and staff, including those with special needs or disabilities;
     (d) Use the training guidance provided by the Washington emergency management division of the state military department in collaboration with the Washington state office of the superintendent of public instruction school safety center and the school safety center advisory committee;
     (e) Require the building principal to be certified on the incident command system;
     (f) Take into account the manner in which the school facilities may be used as a community asset in the event of a community-wide emergency; and
     (g) Set guidelines for requesting city or county law enforcement agencies, local fire departments, emergency service providers, and county emergency management agencies to meet with school districts and participate in safety-related drills ((annually)).
     (3) To the extent funds are available, school districts shall annually:
     (a) Review and update safe school plans in collaboration with local emergency response agencies;
     (b) Conduct an inventory of all hazardous materials;
     (c) Update information on the school mapping information system to reflect current staffing and updated plans, including:
     (i) Identifying all staff members who are trained on the national incident management system, trained on the incident command system, or are certified on the incident command system; and
     (ii) Identifying school transportation procedures for evacuation, to include bus staging areas, evacuation routes, communication systems, parent-student reunification sites, and secondary transportation agreements consistent with the school mapping information system; and
     (d) Provide information to all staff on the use of emergency supplies and notification and alert procedures.
     (4) To the extent funds are available, school districts ((are required to)) shall annually record and report on the information and activities required in subsection (3) of this section to the Washington association of sheriffs and police chiefs.
     (5) School districts are encouraged to work with local emergency management agencies and other emergency responders to conduct one tabletop exercise, one functional exercise, and two full-scale exercises within a four-year period.
     (6) Schools shall conduct no less than one safety-related drill each month that school is in session. Schools shall complete no less than one drill using the school mapping information system, one drill for lockdowns, one drill for shelter-in-place, and six drills for fire evacuation in accordance with the state fire code. Schools should consider drills for earthquakes, tsunamis, or other high-risk local events. Schools shall document the date and time of such drills. This subsection is intended to satisfy all federal requirements for comprehensive school emergency drills and evacuations.
     (7) Educational service districts are encouraged to apply for federal emergency response and crisis management grants with the assistance of the superintendent of public instruction and the Washington emergency management division of the state military department.
     (8) The superintendent of public instruction may adopt rules to implement provisions of this section. These rules may include, but are not limited to, provisions for evacuations, lockdowns, or other components of a comprehensive safe school plan.


         Passed by the Senate April 20, 2009.
         Passed by the House April 25, 2009.
         Approved by the Governor May 19, 2009, with the exception of certain items that were vetoed.
         Filed in Office of Secretary of State May 20, 2009.

     Note: Governor's explanation of partial veto is as follows:

"I have approved, except for Sections 3, 4 and 8, Senate Bill 6168 entitled:
     
"AN ACT Relating to reducing costs in state elementary and secondary education programs."

Sections 3 and 4 refer to the availability of funds as the determinate for whether these important programs are implemented. Because all programs are dependent on legislative appropriations, the addition of this language has no substantive effect. I am concerned, however, that future budget writers might erroneously conclude that these programs are in a different status than other programs and consider not funding them solely because of the addition of this new language. As a result, I have vetoed Sections 3 and 4 of Senate Bill 6168.

Section 8 of Senate Bill 6168 amends RCW 28A.625.020, Office of Superintendent of Public Instruction annual recognition program. RCW 28A.625.020 is also repealed by Section 20(6) of Senate Bill 5889 which I signed earlier today. Therefore, I am not approving Section 8 of Senate Bill 6168 to correct a potential double amendment and conflicting policy.

For these reasons, I have vetoed Sections 3, 4 and 8 of Senate Bill 6168.

With the exception of Sections 3, 4 and 8, Senate Bill 6168 is approved."