BILL REQ. #:  H-3476.2 

Read first time 01/16/12.   Referred to Committee on Education.

     AN ACT Relating to making the membership of the state board of education more representative of public education; amending RCW 28A.305.011 and 28A.305.130; creating new sections; repealing RCW 28A.305.021; and declaring an emergency.

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

NEW SECTION.  Sec. 1   It is the intent of the legislature that the state board of education provide meaningful policy direction as defined in RCW 28A.305.130 and 28A.230.090. The legislature finds that meaningful policies are best made when a majority of board members have firsthand knowledge of how educational institutions and staff in the K-12 system operate, including how policy changes affect local district and state budgets, school programs, and student achievement. It is also critical that members of the state board of education understand which policies and goals will contribute the greatest benefit to all students, as well as policies and goals that create burdens on the system and barriers to student achievement.
     The legislature finds that a similar model has worked well for the professional educator standards board, which was split from the state board of education through legislation in 2000. Further, the legislature finds that such members, working as a team with citizen members, are more likely to save the state time and money by identifying unintended consequences of decisions early on, and will be well-positioned to assist local education staff and communities with implementation of innovative policy changes.
     It is also the intent of the legislature that any policy changes or rules considered by the state board of education be accompanied by a thorough fiscal analysis of local school district costs, as well as the impact to state funds, with the clear understanding that no mandates be imposed on students, schools, staff, or school districts without ample funding.
     Therefore the legislature intends to reconfigure the membership of the state board of education to include locally elected school directors and school district staff, as well as citizens appointed by the governor to broadly represent the interests of Washington state students. Furthermore, the legislature intends to clarify that fiscal impact statements be required and considered by the board and legislature before board adoption of goals or policy changes.

Sec. 2   RCW 28A.305.011 and 2006 c 263 s 105 are each amended to read as follows:
     (1) The membership of the state board of education shall be composed of sixteen voting members who are residents of the state of Washington. The membership shall consist of the following:
     (a) ((Seven shall be members representing the educational system, as follows:
     (i) Five members elected by school district directors. Three of the members elected by school district directors shall be residents of western Washington and two members shall be residents of eastern Washington;
     (ii))) One member elected at-large by the members of the boards of directors of all private schools in the state meeting the requirements of RCW 28A.195.010((; and
     (iii) The superintendent of public instruction));
     (b) ((Seven)) Four members appointed by the Washington state school directors' association, one of whom must be a resident of western Washington, one of whom must be a resident of eastern Washington, and one of whom must represent a school with two thousand or fewer students;
     (c) Two members appointed by the Washington association of school administrators, one of whom must be a resident of western Washington and one of whom must be a resident of eastern Washington;
     (d) One member appointed by the association of Washington school principals;
     (e) Three members appointed by the Washington education association, one of whom must be a resident of western Washington, one of whom must be a resident of eastern Washington, and one of whom must represent a school with two thousand or fewer students;
     (f) One member appointed by the Washington association for career and technical education;
     (g) One member appointed by unions representing classified school employees;
     (h) Three members appointed by the governor; and
     (((c))) (i) Two students selected in a manner determined by the state board of education.
     (2) Initial appointments shall be for terms from one to four years in length, with the terms expiring on the second Monday of January of the applicable year. As ((the terms of the first appointees expire or)) vacancies on the board occur, the ((governor shall appoint or reappoint members of the board)) members shall be appointed or reappointed to complete the ((initial)) terms or to four-year terms, as appropriate, in the same manner as the original appointment.
     (a) Appointees of the governor must be individuals who have demonstrated interest in public schools and are supportive of educational improvement, have a positive record of service, and who will devote sufficient time to the responsibilities of the board.
     (b) In appointing board members, the governor and appointing authorities shall consider the geographic, gender, and ethnic diversity of the population of the state.
     (c) All appointments to the board made by the governor are subject to confirmation by the senate.
     (d) No person may serve as a member of the board((, except the superintendent of public instruction,)) for more than two consecutive full four-year terms.
     (3) The governor may remove an appointed member of the board for neglect of duty, misconduct, malfeasance, or misfeasance in office, or for incompetent or unprofessional conduct as defined in chapter 18.130 RCW. In such a case, the governor shall file with the secretary of state a statement of the causes for and the order of removal from office, and the secretary of state shall send a certified copy of the statement of causes and order of removal to the last known post office address of the member.
     (4)(a) The chair of the board shall be elected by a majority vote of the members of the board. The chair of the board shall serve a term of two years, and may be reelected to an additional term. A member of the board may not serve as chair for more than two consecutive terms.
     (b) ((Eight)) Nine voting members of the board constitute a quorum for the transaction of business.
     (c) All members except the student members are voting members.
     (5) Members of the board appointed by the governor who are not public employees shall be compensated in accordance with RCW 43.03.250 and shall be reimbursed for travel expenses incurred in carrying out the duties of the board in accordance with RCW 43.03.050 and 43.03.060.

Sec. 3   RCW 28A.305.130 and 2011 1st sp.s. c 6 s 1 are each amended to read as follows:
     The purpose of the state board of education is to provide advocacy and strategic oversight of public education; implement a standards-based accountability framework that creates a unified system of increasing levels of support for schools in order to improve student academic achievement; provide leadership in the creation of a system that personalizes education for each student and respects diverse cultures, abilities, and learning styles; and promote achievement of the goals of RCW 28A.150.210. In addition to any other powers and duties as provided by law, the state board of education shall:
     (1) Hold regularly scheduled meetings at such time and place within the state as the board shall determine and may hold such special meetings as may be deemed necessary for the transaction of public business;
     (2) Form committees as necessary to effectively and efficiently conduct the work of the board;
     (3) Seek advice from the public and interested parties regarding the work of the board;
     (4) For purposes of statewide accountability:
     (a) Adopt and revise performance improvement goals in reading, writing, science, and mathematics, by subject and grade level, once assessments in these subjects are required statewide; academic and technical skills, as appropriate, in secondary career and technical education programs; and student attendance, as the board deems appropriate to improve student learning. The goals shall be consistent with student privacy protection provisions of RCW 28A.655.090(7) and shall not conflict with requirements contained in Title I of the federal elementary and secondary education act of 1965, or the requirements of the Carl D. Perkins vocational education act of 1998, each as amended. The goals may be established for all students, economically disadvantaged students, limited English proficient students, students with disabilities, and students from disproportionately academically underachieving racial and ethnic backgrounds. The board may establish school and school district goals addressing high school graduation rates and dropout reduction goals for students in grades seven through twelve. The board shall adopt the goals by rule. However, before each goal or policy change is implemented, the board shall:
     (i) Complete a fiscal analysis on the impact of the rule or policy change on the state and school district, including soliciting fiscal impact data from a representative sample of school districts from across the state, and share this information with the education committees of the house of representatives and the senate at the time the goal or policy change is presented; and
     (ii) Present the goal or policy change to the education committees of the house of representatives and the senate for the committees' review and comment, including a public hearing, in a time frame that will permit the legislature to take statutory action on the goal or policy change if such action is deemed warranted by the legislature;
     (b) Identify the scores students must achieve in order to meet the standard on the statewide student assessment and, for high school students, to obtain a certificate of academic achievement. The board shall also determine student scores that identify levels of student performance below and beyond the standard. The board shall consider the incorporation of the standard error of measurement into the decision regarding the award of the certificates. The board shall set such performance standards and levels in consultation with the superintendent of public instruction and after consideration of any recommendations that may be developed by any advisory committees that may be established for this purpose. The legislature shall be advised of the initial performance standards for the high school statewide student assessment. Any changes recommended by the board in the performance standards for the high school assessment shall be presented to the education committees of the house of representatives and the senate by November 30th of the school year in which the changes will take place to permit the legislature to take statutory action before the changes are implemented if such action is deemed warranted by the legislature. The legislature shall be advised of the initial performance standards and any changes made to the elementary level performance standards and the middle school level performance standards. The board must provide an explanation of and rationale for all initial performance standards and any changes, for all grade levels of the statewide student assessment. If the board changes the performance standards for any grade level or subject, the superintendent of public instruction must recalculate the results from the previous ten years of administering that assessment regarding students below, meeting, and beyond the state standard, to the extent that this data is available, and post a comparison of the original and recalculated results on the superintendent's web site;
     (c) Annually review the assessment reporting system to ensure fairness, accuracy, timeliness, and equity of opportunity, especially with regard to schools with special circumstances and unique populations of students, and a recommendation to the superintendent of public instruction of any improvements needed to the system; and
     (d) Include in the biennial report required under RCW 28A.305.035, information on the progress that has been made in achieving goals adopted by the board;
     (5) Accredit, subject to such accreditation standards and procedures as may be established by the state board of education, all private schools that apply for accreditation, and approve, subject to the provisions of RCW 28A.195.010, private schools carrying out a program for any or all of the grades kindergarten through twelve. However, no private school may be approved that operates a kindergarten program only and no private school shall be placed upon the list of accredited schools so long as secret societies are knowingly allowed to exist among its students by school officials;
     (6) Articulate with the institutions of higher education, workforce representatives, and early learning policymakers and providers to coordinate and unify the work of the public school system;
     (7) Hire an executive director and an administrative assistant to reside in the office of the superintendent of public instruction for administrative purposes. Any other personnel of the board shall be appointed as provided by RCW 28A.300.020. The board may delegate to the executive director by resolution such duties as deemed necessary to efficiently carry on the business of the board including, but not limited to, the authority to employ necessary personnel and the authority to enter into, amend, and terminate contracts on behalf of the board. The executive director, administrative assistant, and all but one of the other personnel of the board are exempt from civil service, together with other staff as now or hereafter designated as exempt in accordance with chapter 41.06 RCW; and
     (8) Adopt a seal that shall be kept in the office of the superintendent of public instruction.

NEW SECTION.  Sec. 4   RCW 28A.305.021 (Election of board members--Restrictions) and 2005 c 497 s 102 are each repealed.

NEW SECTION.  Sec. 5   Appointing authorities must identify appointees as soon as possible after the effective date of this section and the state board of education as reconfigured by this act must convene at the earliest opportunity after the effective date of sections 1 through 4 of this act.

NEW SECTION.  Sec. 6   Section 5 of this act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately.