BILL REQ. #:  H-1771.2 

READ FIRST TIME 02/17/11.   

     AN ACT Relating to authorizing creation of innovation schools and innovation zones in school districts; 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 finds that:
     (a) School district boards of directors should be encouraged to grant schools of the district maximum possible flexibility to meet the needs of students and the communities in which they live; and
     (b) Particularly in schools and communities that are struggling to improve student academic outcomes and close the educational opportunity gap, there is a critical need for innovative models of public education that are tailored to the unique circumstances and needs of the students in those schools and communities.
     (2) Therefore, the legislature intends to create a framework for change that includes:
     (a) Leveraging community assets;
     (b) Improving staff capacity and effectiveness;
     (c) Developing family, school, and higher education partnerships;
     (d) Implementing evidence-based practices proven to be effective in reducing demographic disparities in student achievement; and
     (e) Enabling educators and parents of selected schools and school districts to restructure school operations and develop model school programs that will improve student performance.

NEW SECTION.  Sec. 2   (1) The office of the superintendent of public instruction shall develop a process for school districts to apply to have one or more schools within the district designated as an innovation school. A group of schools that share common interests, such as geographical location or educational focus, or that sequentially serve classes of students as they progress through elementary and secondary grades may be designated as an innovation zone. An innovation zone may include all schools within a school district. Consortia of multiple districts may also apply for designation as an innovation zone, to include all schools within the participating districts.
     (2) Applications requesting designation of innovation schools or innovation zones must be developed by the educators, parents, and communities of participating schools in collaboration with the school district administration. School districts must ensure that each school has substantial opportunity to participate in the development of the innovation plan under section 4 of this act.
     (3) The office of the superintendent of public instruction shall develop common criteria for reviewing applications and for evaluating the need for waivers of state statutes and administrative rules as provided under section 5 of this act.

NEW SECTION.  Sec. 3   (1) Initial applications to designate innovation schools and innovation zones must be submitted by school district boards of directors to their respective educational service districts by February 1, 2012, to be implemented beginning in the 2012-13 school year. Initial innovation plans must be able to be implemented without supplemental state funds.
     (2) Each educational service district boards of directors shall review applications from within the district using the common criteria developed by the office of the superintendent of public instruction. Each educational service district shall recommend approval by the office of the superintendent of public instruction of no more than three applications in each district. At least one of the recommended applications in each educational service district must propose an innovation zone, as long as the application meets the review criteria.
     (3) The office of the superintendent of public instruction shall verify that the innovation plans of the applicants recommended by the educational service districts contain the required elements under section 4 of this act before approving the applications and designating the innovation schools and innovation zones.
     (4) Initial designation of innovation schools and innovation zones under this section shall be for a six-year period, beginning in the 2012-13 school year.

NEW SECTION.  Sec. 4   (1) Each application for designation of an innovation school or innovation zone must include a proposed plan that:
     (a) Defines the scope of the innovation school or innovation zone and describes why designation would enhance the ability of the school or schools to improvement student achievement and close the educational opportunity gap;
     (b) Enumerates specific, research-based activities and innovations to be carried out under the designation;
     (c) Justifies each request for waiver of state statutes or administrative rules as provided under section 5 of this act;
     (d) Justifies any requests for waiver of state statutes or administrative rules that are in addition to the waivers authorized under section 5 of this act that are necessary to carry out the proposed innovations;
     (e) Identifies the improvements in student achievement that are expected to be accomplished through the innovations;
     (f) Includes budget plans and anticipated sources of funding, including private grants and contributions, if any;
     (g) 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;
     (h) Identifies the evaluation and accountability processes to be used to measure student and innovation school or innovation zone performance;
     (i) Includes a written statement that school directors and administrators are willing to exempt the designated school or schools from specifically identified local rules, as needed;
     (j) Includes a written statement that school directors and local bargaining agents will modify those portions of their local agreements as applicable for the designated school or schools;
     (k) Includes written statements of support from the district's board of directors, the superintendent, the principal and staff of schools seeking designation, 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, institution of higher education, or community organization; and
     (l) Commits all parties to work cooperatively during the term of the pilot project.
     (2) A plan to designate an innovation school or innovation zone must be approved by a majority of the staff assigned to the school or schools participating in the plan.
     (3) An application for designation as an innovation school or innovation zone 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.

NEW SECTION.  Sec. 5   (1)(a) The superintendent of public instruction and the state board of education, each within the scope of their statutory authority, may grant waivers of state statutes and administrative rules for designated innovation schools and innovation zones as follows:
     (i) Waivers may be granted under RCW 28A.655.180 and 28A.305.140;
     (ii) Waivers may be granted from the provisions of RCW 28A.400.200 regarding the statewide salary schedule and salary lid compliance requirements;
     (iii) 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; and
     (iv) Waivers may be granted of other administrative rules that in the opinion of the superintendent of public instruction or the state board of education are necessary to be waived to implement an innovation school or innovation zone.
     (b) State administrative 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 an innovation school or innovation zone.
     (3) The state board of education may grant waivers for innovation schools or innovation zones of administrative rules pertaining to calculation of course credits for high school courses.
     (4) Waivers may be granted under this section for a period not to exceed the duration of the designation of the innovation school or innovation zone.
     (5) The superintendent of public instruction and the state board of education shall provide an expedited review of requests for waivers for designated innovation schools and innovation zones. Requests may be denied if the superintendent of public instruction or the state board of education conclude that the waiver:
     (a) Is likely to result in a decrease in academic achievement in the innovation school or innovation zone;
     (b) Would jeopardize the receipt of state or federal funds that a school district would otherwise be eligible to receive, unless the school district submits a written authorization for the waiver acknowledging that receipt of these funds could be jeopardized; or
     (c) Would violate state or federal laws or rules that are not authorized to be waived.

NEW SECTION.  Sec. 6   (1) A second round of applications for designation of innovation schools and innovation zones may be submitted by school district boards of directors to their respective educational service districts by November 1, 2013.
     (2) In addition to the elements required under section 4 of this act, an innovation plan developed for the second round of applications may include requests for supplemental state funding to support activities such as extended instructional time, professional development time for staff, curriculum, materials, or additional staff resources.
     (3) Applicants may include school districts with innovation schools or innovation zones designated under section 3 of this act, as well as other districts. The office of the superintendent of public instruction shall develop an abbreviated application for school districts with designation under section 3 of this act.
     (4) Each educational service district boards of directors shall review applications from within the district using the common criteria developed by the office of the superintendent of public instruction. Each educational service district shall recommend approval by the office of the superintendent of public instruction of no more than three applications in each district. At least one of the recommended applications in each educational service district must propose an innovation zone, as long as the application meets the review criteria.
     (5) The office of the superintendent of public instruction shall review the applications recommended by the educational service districts, select no more than ten innovation schools or innovation zones for designation, and submit a request to the legislature for supplemental state funding based on the applications. The supplemental funding request must be submitted as a single decision package, to be considered as a whole by the legislature and not by each innovation school or innovation zone.
     (6) Subject to funds appropriated for this purpose or available in the school innovation account under section 8 of this act, the office of the superintendent of public instruction shall, by July 1, 2014, award innovation grant funds to the selected innovation schools and innovation zones.
     (7) Designation of innovation schools and innovation zones and award of innovation grant funds under this section shall be for a six-year period if funds are available, beginning in the 2014-15 school year.

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 designated innovation schools and innovation zones by January 15, 2013, and January 15th of each odd-numbered year thereafter. The report must include recommendations for waiver of state laws and administrative rules in addition to the waivers authorized under section 5 of this act, as identified in innovation plans submitted by school districts.
     (2) Each innovation school and innovation zone must submit an annual report to the office of the superintendent of public instruction on their progress 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 innovation schools and innovation zones.

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 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.

Sec. 9   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 an innovation school or innovation zone designated under section 3 or 6 of this act.
     (2) The state board shall adopt criteria to evaluate the need for the waiver or waivers.

Sec. 10   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 an innovation school or innovation zone designated under section 3 or 6 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. 11   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 an innovation school or innovation zone designated under section 3 or 6 of this act.

NEW SECTION.  Sec. 12   Sections 2 through 8 of this act are each added to chapter 28A.630 RCW.

NEW SECTION.  Sec. 13   This act expires June 30, 2021.