BILL REQ. #: H-0551.2
| State of Washington | 62nd Legislature | 2011 Regular Session |
Read first time 01/21/11. Referred to Committee on Education.
AN ACT Relating to encouraging innovation in public schools; amending RCW 28A.305.140, 28A.655.180, and 28A.400.200; adding new sections to chapter 28A.630 RCW; creating a new section; and providing an expiration date.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
NEW SECTION. Sec. 1 (1) The legislature intends to encourage
educational innovation, creativity, professionalism, and initiative by:
(a) Providing schools and school districts an opportunity to remove
barriers to innovation through the temporary waiver of certain state
statutes and administrative rules, and (b) providing selected schools
and school districts with the technology, services, and staff necessary
to enhance learning through innovative practices.
(2) The legislature further intends that the school innovation
program create a framework for change that includes: (a) Leveraging
community assets; (b) improving staff capacity and effectiveness; (c)
developing family and school partnerships; and (d) enhancing capacity
and collaboration between school districts and local education
associations with the goal of improving student learning.
NEW SECTION. Sec. 2 (1) The school innovation program is
established to foster change in the public school system. The
objectives of the program are to:
(a) Enable educators and parents of selected schools and school
districts to restructure certain school operations and develop model
school programs that will improve student performance;
(b) Determine through an evaluation of the pilot projects whether
increasing local decision-making authority will produce more effective
learning; and
(c) Hold pilot projects accountable for student progress.
(2) The office of the superintendent of public instruction, in
consultation with the quality education council under RCW 28A.290.010,
shall develop a process for schools and school districts to apply to
participate in the school innovation program. The office shall review
and select pilot projects for grant awards and monitor and evaluate the
school innovation program. The office shall develop criteria to
evaluate the need for waivers of state statutes or administrative rules
as provided under section 3 of this act. In developing the application
review process, selecting projects for grant awards, and developing the
criteria for waivers, the office shall take into consideration the
recommendations of the quality education council.
(3) The superintendent of public instruction may adopt rules to
carry out the responsibilities assigned under sections 2 through 8 of
this act.
NEW SECTION. Sec. 3 (1) The superintendent of public instruction
may grant waivers of state statutes and administrative rules for pilot
projects in the school innovation program as follows:
(a) Waivers may be granted under RCW 28A.655.180;
(b) Waivers may be granted from the provisions of RCW 28A.400.200
regarding the statewide salary schedule and salary lid compliance
requirements;
(c) Waivers may be granted to permit the commingling of funds
appropriated by the legislature on a categorical basis for such
programs as, but not limited to, highly capable students, transitional
bilingual instruction, and learning assistance;
(d) Waivers may be granted of other administrative rules that in
the opinion of the superintendent of public instruction are necessary
to be waived to implement a school innovation pilot project; and
(e) State rules dealing with public health, safety, and civil
rights, including accessibility for individuals with disabilities, may
not be waived.
(2) At the request of a school district, the superintendent of
public instruction may petition the United States department of
education or other federal agencies to waive federal regulations
necessary to implement a school innovation pilot project.
(3) The state board of education may grant waivers for pilot
projects in the school innovation program of administrative rules
pertaining to calculation of course credits for high school courses.
(4) Waivers may be granted under this section for a school
innovation pilot project for a period not to exceed the duration of the
project.
NEW SECTION. Sec. 4 (1) Initial applications to participate in
the school innovation program shall be submitted by school district
boards of directors to the office of the superintendent of public
instruction by March 31, 2013. An application may include one or more
schools in the district or the school district as a whole. Subject to
available funding, additional applications may be submitted for
consideration by November 1st of subsequent years.
(2) Each application must contain a proposed plan that:
(a) Enumerates specific activities to be carried out as part of the
pilot project;
(b) Commits all parties to work cooperatively during the term of
the pilot project;
(c) Includes budget plans for the project and additional
anticipated sources of funding, including private grants and
contributions, if any;
(d) Identifies the technical resources desired, the potential costs
of those resources, and the institutions of higher education,
educational service districts, or consultants available to provide such
services;
(e) Identifies the evaluation and accountability processes to be
used to measure student and project performance;
(f) Justifies each request for waiver of specific state statutes or
administrative rules during at least the first two years of the
project;
(g) Includes a written statement that school directors and
administrators are willing to exempt the pilot project from
specifically identified local rules, as needed;
(h) Includes a written statement that the school directors and the
local bargaining agents will modify those portions of their local
agreements as applicable for the pilot project; and
(i) Includes written statements of support from the district's
board of directors, the district superintendent, the principal and
staff of schools requesting to become a pilot project, each local
employee association affected by the proposal, the local parent
organization, and statements of support, willingness to participate, or
concerns from any interested parent, business, or community
organization.
(3) Grant applications may include proposals for a
performance-based system of staff evaluation and compensation that
includes some or all of the following components:
(a) Peer reviews or evaluations;
(b) Student feedback;
(c) Video reviews;
(d) Evaluation by supervisors;
(e) Years of experience;
(f) Socioeconomic status of students; and
(g) Educational experience.
(4) Grant applications may include proposals for activities that
would require additional funding to be implemented, such as extended
instructional time, professional development time for staff,
curriculum, and materials, or additional staff resources.
NEW SECTION. Sec. 5 (1) After reviewing pilot project proposals
and considering the recommendations of the quality education council,
and subject to funds appropriated or available in the school innovation
program account for this purpose, the office of the superintendent of
public instruction shall select not more than ten school innovation
pilot projects. At least one entire school district must be included
among the selected pilot projects if the application is consistent with
the requirements of section 4 of this act. To the extent possible, the
office of the superintendent of public instruction shall select
projects that reflect a balance among elementary, middle, and high
schools, as well as a balance among geographic areas of the state and
school characteristics and sizes.
(2) Subject to funds appropriated or available in the school
innovation program account for this purpose, the office of the
superintendent of public instruction shall award school innovation
program grant funding to the selected pilot projects. Initial grants
shall be awarded by July 1, 2013, with the pilot projects commencing in
the 2013-14 school year.
(3) School innovation pilot projects may be conducted for up to six
years, if funds are provided for this purpose. Subject to approval by
the office of the superintendent of public instruction and continued
state funding, pilot projects initially funded for two years may be
extended for a total period not to exceed six years. Future funding
shall be conditioned on a positive evaluation of the project.
NEW SECTION. Sec. 6 Subject to funds appropriated or available
in the school innovation program account for this purpose, the office
of the superintendent of public instruction shall ensure that school
innovation pilot projects are provided with resources, support, and
assistance to conduct project activities. The office shall facilitate
coordination and cooperation among pilot projects, colleges and
universities, the state board for community and technical colleges,
community-based organizations, and the business community. Staff from
pilot projects must be given priority consideration for participation
in state sponsored staff development programs that are directly related
to the goals of the projects.
NEW SECTION. Sec. 7 (1) The office of the superintendent of
public instruction shall report to the education committees of the
legislature on the progress of the school innovation program by January
15, 2015, and January 15th of each odd-numbered year thereafter,
including a recommendation on the number of additional pilot projects
that should be authorized and funded.
(2) Each pilot project selected to participate in the school
innovation program must submit an annual report to the office of the
superintendent of public instruction on the progress of the project as
a condition of receipt of continued funding.
(3) The office of the superintendent of public instruction, through
the center for the improvement of student learning, must collect and
disseminate to all school districts and other interested parties
information about the school innovation program.
NEW SECTION. Sec. 8 (1) The superintendent of public instruction
may accept, receive, and administer such gifts, grants, and
contributions as may be provided from public and private sources for
the purposes of sections 2 through 7 of this act.
(2) The school innovation program account is established in the
custody of the state treasurer. The superintendent of public
instruction shall deposit in the account all moneys received under this
section. Moneys in the account may be spent only for the purposes of
sections 2 through 7 of this act. Only the superintendent of public
instruction or the superintendent's designee may authorize expenditures
from the account. The account is subject to the allotment procedures
provided under chapter 43.88 RCW, but an appropriation is not required
for expenditures.
NEW SECTION. Sec. 9 The quality education council shall assist
the office of the superintendent of public instruction in the
development of the application process and the review and selection of
pilot projects for the school innovation program under section 2 of
this act. The council shall recommend pilot projects for approval to
the office of the superintendent of public instruction. The quality
education council shall also assist the office of the superintendent of
public instruction and the state board of education in the development
of criteria for waivers of statutes or administrative rules for the
pilot projects as provided under section 3 of this act and RCW
28A.305.140 and 28A.655.180.
Sec. 10 RCW 28A.305.140 and 1990 c 33 s 267 are each amended to
read as follows:
(1) The state board of education may grant waivers to school
districts from the provisions of RCW 28A.150.200 through 28A.150.220 on
the basis that such waiver or waivers are necessary to:
(a) Implement successfully a local plan to provide for all students
in the district an effective education system that is designed to
enhance the educational program for each student. The local plan may
include alternative ways to provide effective educational programs for
students who experience difficulty with the regular education program;
or
(b) Implement a school innovation pilot project selected under
section 5 of this act.
(2) The state board shall adopt criteria to evaluate the need for
the waiver or waivers.
Sec. 11 RCW 28A.655.180 and 2009 c 543 s 3 are each amended to
read as follows:
(1) The state board of education, where appropriate, or the
superintendent of public instruction, where appropriate, may grant
waivers to districts from the provisions of statutes or rules relating
to: The length of the school year; student-to-teacher ratios; and
other administrative rules that in the opinion of the state board of
education or the opinion of the superintendent of public instruction
may need to be waived in order for a district to implement a plan for
restructuring its educational program or the educational program of
individual schools within the district or to implement a school
innovation pilot project selected under section 5 of this act.
(2) School districts may use the application process in RCW
28A.305.140 to apply for the waivers under this section.
Sec. 12 RCW 28A.400.200 and 2010 c 235 s 401 are each amended to
read as follows:
(1) Every school district board of directors shall fix, alter,
allow, and order paid salaries and compensation for all district
employees in conformance with this section.
(2)(a) Salaries for certificated instructional staff shall not be
less than the salary provided in the appropriations act in the
statewide salary allocation schedule for an employee with a
baccalaureate degree and zero years of service; and
(b) Salaries for certificated instructional staff with a master's
degree shall not be less than the salary provided in the appropriations
act in the statewide salary allocation schedule for an employee with a
master's degree and zero years of service.
(3)(a) The actual average salary paid to certificated instructional
staff shall not exceed the district's average certificated
instructional staff salary used for the state basic education
allocations for that school year as determined pursuant to RCW
28A.150.410.
(b) Fringe benefit contributions for certificated instructional
staff shall be included as salary under (a) of this subsection only to
the extent that the district's actual average benefit contribution
exceeds the amount of the insurance benefits allocation provided per
certificated instructional staff unit in the state operating
appropriations act in effect at the time the compensation is payable.
For purposes of this section, fringe benefits shall not include payment
for unused leave for illness or injury under RCW 28A.400.210; employer
contributions for old age survivors insurance, workers' compensation,
unemployment compensation, and retirement benefits under the Washington
state retirement system; or employer contributions for health benefits
in excess of the insurance benefits allocation provided per
certificated instructional staff unit in the state operating
appropriations act in effect at the time the compensation is payable.
A school district may not use state funds to provide employer
contributions for such excess health benefits.
(c) Salary and benefits for certificated instructional staff in
programs other than basic education shall be consistent with the salary
and benefits paid to certificated instructional staff in the basic
education program.
(4) Salaries and benefits for certificated instructional staff may
exceed the limitations in subsection (3) of this section only by
separate contract for additional time, for additional responsibilities,
for incentives, or for implementing specific measurable innovative
activities, including professional development, specified by the school
district to: (a) Close one or more achievement gaps, (b) focus on
development of science, technology, engineering, and mathematics (STEM)
learning opportunities, or (c) provide arts education. Beginning
September 1, 2011, school districts shall annually provide a brief
description of the innovative activities included in any supplemental
contract to the office of the superintendent of public instruction.
The office of the superintendent of public instruction shall summarize
the district information and submit an annual report to the education
committees of the house of representatives and the senate.
Supplemental contracts shall not cause the state to incur any present
or future funding obligation. Supplemental contracts shall be subject
to the collective bargaining provisions of chapter 41.59 RCW and the
provisions of RCW 28A.405.240, shall not exceed one year, and if not
renewed shall not constitute adverse change in accordance with RCW
28A.405.300 through 28A.405.380. No district may enter into a
supplemental contract under this subsection for the provision of
services which are a part of the basic education program required by
Article IX, section 3 of the state Constitution.
(5) Employee benefit plans offered by any district shall comply
with RCW 28A.400.350 ((and)), 28A.400.275, and 28A.400.280.
(6) The superintendent of public instruction may waive the
requirements of this section for a school innovation program pilot
project as provided under section 3 of this act.
NEW SECTION. Sec. 13 Sections 2 through 9 of this act are each
added to chapter
NEW SECTION. Sec. 14 This act expires June 30, 2020.