BILL REQ. #: S-1391.3
| State of Washington | 62nd Legislature | 2011 Regular Session |
READ FIRST TIME 02/17/11.
AN ACT Relating to education governance; amending RCW 43.17.010, 43.17.020, 42.17A.705, 43.215.005, 43.215.147, 28A.175.075, 28A.290.020, 28A.300.020, 28A.300.030, 28A.300.035, 28A.300.040, 28A.300.041, 28A.300.042, 28A.300.1361, 28A.300.160, 28A.300.250, 28A.300.500, 28A.300.505, 28A.305.130, 28A.310.010, 28A.310.200, 28A.310.210, 28A.310.270, 28A.310.280, 28A.310.340, 28A.310.400, 28A.315.005, 28A.315.115, 28A.315.185, 28A.400.201, 28A.410.010, 28A.410.090, 28A.410.210, 28A.410.220, 28A.655.115, 28A.657.005, 28A.657.070, 28A.657.110, 72.40.010, 72.40.015, 72.40.019, 72.40.0191, 72.40.020, 72.40.024, 72.41.010, 72.41.020, 72.41.040, 72.42.010, 72.42.021, 72.42.041, and 43.41.400; reenacting and amending RCW 43.215.010, 43.215.020, and 28A.230.090; adding a new section to chapter 41.06 RCW; adding a new section to chapter 41.80 RCW; adding a new chapter to Title 28A RCW; creating new sections; recodifying RCW 28A.230.090, 28A.290.020, 28A.300.1361, and 28A.300.160; repealing RCW 43.215.030, 43.215.040, 43.215.090, 43.215.125, 43.215.440, 43.215.445, 41.06.097, 28A.290.010, 28A.300.050, 28A.300.136, 28A.300.137, 28A.305.011, 28A.305.021, 28A.305.035, 28A.305.902, 28A.310.480, 28A.345.010, 28A.345.020, 28A.345.030, 28A.345.040, 28A.345.050, 28A.345.060, 28A.345.070, 28A.345.902, 28A.410.200, 28A.410.260, 43.06B.010, 43.06B.030, and 43.06B.050; and providing an effective date.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
NEW SECTION. Sec. 101 The legislature finds that a growing
number of agencies, each with their own priorities and activities, set
education policy. The legislature further recognizes that while there
is excellent work being pursued by individual entities in response to
their specific duties, the focus and impact for student success would
be magnified if these agencies were brought together. The legislature
further finds that the consolidation of state-level education entities
would result in a governance system with a unifying student-centered
vision, common goals, shared priorities, and linked outcomes. The
results for learners would be improved with an integrated system
approach.
The legislature intends to create a seamless, cohesive state-level
governance education system focused on students and learning from birth
through high school graduation. This system will provide for
integrated policies at the state level, the creation of a streamlined
accountability system with clear measures and expectations, and
consistent best practice guidance and technical assistance to local
delivery systems. The accountability system will be based upon a
strategic plan focusing on achievement, student growth, bridging
existing learning gaps, and preparing students for their next steps in
learning and career. By consolidating state-level planning, policies,
accountability, and assistance, the legislature intends that outcomes
for learners will improve and management burdens for local delivery
systems will be lessened. The legislature further intends that chronic
P-12 issues such as the opportunity gap and mathematics and science
achievement be addressed systemically and that best practices for
teaching, leading, and learning be incorporated throughout the
education system.
NEW SECTION. Sec. 102 The definitions in this section apply
throughout this title unless the context clearly requires otherwise.
(1) "Department" means the department of education.
(2) "Secretary" means the secretary of education.
NEW SECTION. Sec. 103 (1) The department of education is created
as an executive branch agency. The department is vested with all
powers and duties transferred to it under chapter . . ., Laws of 2011
(this act) and such other powers and duties as may be authorized by
law.
(2) The superintendent of public instruction shall be housed within
the department of education but the superintendent shall retain the
supervisory duties pertaining to public schools granted under the state
Constitution.
(3) The department of education includes the state school for the
blind and the Washington state center for childhood deafness and
hearing loss.
(4) In administering a seamless state-level system of education
from birth through high school graduation, the primary duty of the
department is to focus education policy development on implementing
education programs and services that promote student achievement. The
department shall deliver innovative and flexible services, implement
best practices, increase efficiency in state-level administration, and
provide systemwide accountability.
NEW SECTION. Sec. 104 (1) The executive head and appointing
authority of the department is the secretary of education. The
secretary shall be appointed by the governor, subject to confirmation
by the senate. The secretary shall serve at the pleasure of the
governor. The secretary shall be paid a salary fixed by the governor
in accordance with RCW 43.03.040. If a vacancy occurs in the position
of secretary while the senate is not in session, the governor shall
make a temporary appointment until the next meeting of the senate at
which time he or she shall present to that body his or her nomination
for the position.
(2) The secretary may employ staff members, who shall be exempt
from chapter 41.06 RCW, and any additional staff members as are
necessary to administer this chapter, and such other duties as may be
authorized by law. The secretary may delegate any power or duty vested
in him or her by this chapter or other law, including the authority to
make final decisions and enter final orders in hearings conducted under
chapter 34.05 RCW.
(3) The secretary may create such administrative structures as the
secretary considers appropriate, except as otherwise specified by law.
The department shall be organized into divisions. When first
established, the department shall be organized into divisions for early
learning and K-12 education. Except as otherwise specified or as
federal requirements may differently require, the secretary may change
these divisions under plans prepared by the secretary and approved by
the governor.
(4) The secretary may employ such personnel as necessary for the
general administration of the department. This employment shall be in
accordance with the state civil service law, chapter 41.06 RCW, except
as otherwise provided.
NEW SECTION. Sec. 105 (1) The secretary shall administer the
activities of the department of education.
(2) The secretary shall exercise all the powers and perform all the
duties prescribed by law with respect to the state–level
administration, as provided in this chapter.
(3) In addition to other powers and duties granted to the
secretary, the secretary may:
(a) Enter into contracts on behalf of the state to carry out the
purposes of this chapter;
(b) Accept and expend gifts and grants that are related to the
purposes of this chapter, whether such grants are of federal or other
funds;
(c) Appoint a deputy secretary and such assistant secretaries and
special assistants, exempt from chapter 41.06 RCW, as may be needed to
administer the department;
(d) Appoint the superintendent of the school for the blind and the
director of the Washington state center for childhood deafness and
hearing loss, each of which are exempt from chapter 41.06 RCW;
(e) Adopt rules in accordance with chapter 34.05 RCW and perform
all other functions necessary and proper to carry out the purposes of
this chapter;
(f) Delegate powers, duties, and functions as the secretary deems
necessary for efficient administration, but the secretary shall be
responsible for the official acts of the officers and employees of the
department;
(g) Create such administrative structures as the secretary
considers appropriate, except as otherwise specified by law; and
(h) Perform other duties as are necessary and consistent with the
law.
(4) The secretary shall coordinate and collaborate with the
superintendent of public instruction and provide the administrative
support services for the superintendent of public instruction.
NEW SECTION. Sec. 106 In administering the department of
education, the secretary shall:
(1) Provide leadership for the education of the state's students
by:
(a) Promoting and measuring achievement;
(b) Respecting diverse cultures, abilities, and learning styles;
(c) Focusing on learning improvement strategies informed by
research and data; and
(d) Reviewing, changing, and implementing practices as necessary
across and within the education sectors to further learner success;
(2) Improve the connections that facilitate students' transitions
to and from different educational programs and the preparation for
those transitions;
(3) Develop and implement and continuously evaluate and adjust a
systemwide strategic plan that integrates the goals under section 107
of this act, as well as policies, activities, and functions of the
education sectors creating a powerful education system focused on
student learning that transcends traditional organizational boundaries;
(4) Implement performance measures focused on learner outcomes that
shall be used to continuously improve and evaluate student performance
and programs focusing on improving learning;
(5) Focus on improving learning throughout the entire education
delivery system including early learning and K-12 schools;
(6) Improve the coordination and relationships among the state and
parents, students, early learning educators and providers, local school
districts, community and technical colleges, and public and private
colleges and universities;
(7) Improve instructional quality and leadership practices in early
learning through secondary classrooms;
(8) Promote partnerships with private and nonprofit organizations
and other governmental entities to maximize the use of state and
private resources and promote innovation; and
(9) Submit budget requests for the entities and programs within the
department as required by law.
NEW SECTION. Sec. 107 (1) The strategic plan required by section
106(3) of this act shall be based on the following system goals to
provide an opportunity for:
(a) All students to enter kindergarten prepared for success in
school and life;
(b) All students to compete in mathematics and science nationally
and internationally, and for more students to graduate with degrees in
science, technology, engineering, and mathematics;
(c) All students to attain high academic standards regardless of
race, ethnicity, income, or gender, and for more students from
underrepresented groups to earn certificates and degrees; and
(d) All students to graduate able to succeed in college, training,
and careers.
(2) In developing the initial plan, the secretary shall review:
(a) The plans created by the various education agencies and boards
transferred to the department and those agencies coordinating with the
department under chapter . . ., Laws of 2011 (this act); and (b) the
plans developed for the federal race to the top application and related
work, as well and the plans and recommendations of the P-12 council.
(3) The strategic plan shall also include performance measures that
address short and long-term progress in meeting the system goals.
These measures shall be designed to be used for accountability
purposes.
NEW SECTION. Sec. 108 (1) The P-12 education council is created.
The council shall advise the secretary on broad policy issues affecting
the state's education system focusing on improving student learning to
include, but not be limited to, system goals, the state strategic plan,
state accountability measures, and implementation of evidence-based
best practices.
(2)(a) The council shall consist of seven voting members
representing the public and the public's interest in early learning and
K-12 education as follows:
(i) Two members representing early learning, appointed by the
governor;
(ii) Three members representing K-12 education elected by school
district directors, one of whom shall be a resident of the Puget Sound
area, one of whom shall be a resident of a non-Puget Sound area, and
one of whom shall be a resident of eastern Washington; and
(iii) Two members representing K-12 education appointed by the
governor.
(b) The superintendent of public instruction shall be a nonvoting
member, except that the superintendent shall vote in the case of a tie
vote of the rest of the council.
(3) The members shall serve four-year terms. However, to stagger
the terms of the council, the initial appointments for three of the
members shall be for two years. Once the initial two-year terms
expire, all subsequent terms shall be for four years with the terms
expiring on June 30th of the applicable year.
(4) The chair shall be determined by the council members, except
that the superintendent of public instruction may not be the chair.
(5) The department shall provide staff support to the council.
NEW SECTION. Sec. 109 The secretary may appoint such advisory
committees or councils as may be required by any federal legislation as
a condition to the receipt of federal funds by the department. The
secretary may also appoint statewide committees, councils, or work
groups on such subject matters as are or come within the department's
responsibilities. The committees, councils, or work groups shall be
constituted as the secretary may determine or as required by federal
law.
NEW SECTION. Sec. 110 (1) The governor shall appoint a
transition team to plan the technical and practical steps required to
bring the current state-level education agencies and structures into a
new department as provided in this act. The transition team may
include representatives from affected agencies. The governor shall
appoint the lead of the transition team.
(2) The transition team shall complete the transition plan and
implementation schedule by January 1, 2012. The plan shall be designed
to phase-in the operation of the department of education to begin by
July 1, 2012, and be completed by January 16, 2013.
(3) Once the transition is completed, the governor is encouraged to
assemble a transition team to consider, and if appropriate, coordinate
the inclusion of state-level higher education agencies into the
department of education.
NEW SECTION. Sec. 111 A new section is added to chapter 41.06
RCW to read as follows:
In addition to the exemptions under RCW 41.06.070, the provisions
of this chapter shall not apply in the department of education to the
secretary, the secretary's confidential secretary, assistant
secretaries, and any other exempt staff members provided for in
sections 104 and 105 of this act.
Sec. 112 RCW 43.17.010 and 2009 c 565 s 25 are each amended to
read as follows:
There shall be departments of the state government which shall be
known as (1) the department of social and health services, (2) the
department of ecology, (3) the department of labor and industries, (4)
the department of agriculture, (5) the department of fish and wildlife,
(6) the department of transportation, (7) the department of licensing,
(8) the department of general administration, (9) the department of
commerce, (10) the department of veterans affairs, (11) the department
of revenue, (12) the department of retirement systems, (13) the
department of corrections, (14) the department of health, (15) the
department of financial institutions, (16) the department of
archaeology and historic preservation, (17) ((the department of early
learning, and (18))) the Puget Sound partnership, and (18) the
department of education, which shall be charged with the execution,
enforcement, and administration of such laws, and invested with such
powers and required to perform such duties, as the legislature may
provide.
Sec. 113 RCW 43.17.020 and 2009 c 565 s 26 are each amended to
read as follows:
There shall be a chief executive officer of each department to be
known as: (1) The secretary of social and health services, (2) the
director of ecology, (3) the director of labor and industries, (4) the
director of agriculture, (5) the director of fish and wildlife, (6) the
secretary of transportation, (7) the director of licensing, (8) the
director of general administration, (9) the director of commerce, (10)
the director of veterans affairs, (11) the director of revenue, (12)
the director of retirement systems, (13) the secretary of corrections,
(14) the secretary of health, (15) the director of financial
institutions, (16) the director of the department of archaeology and
historic preservation, (17) ((the director of early learning, and
(18))) the executive director of the Puget Sound partnership, and (18)
the secretary of education.
Such officers, except the director of fish and wildlife, shall be
appointed by the governor, with the consent of the senate, and hold
office at the pleasure of the governor. The director of fish and
wildlife shall be appointed by the fish and wildlife commission as
prescribed by RCW 77.04.055.
Sec. 114 RCW 42.17A.705 and 2010 c 204 s 902 are each amended to
read as follows:
For the purposes of RCW 42.17A.700, "executive state officer"
includes:
(1) The chief administrative law judge, the director of
agriculture, the director of the department of services for the blind,
the director of the state system of community and technical colleges,
the director of commerce, the secretary of corrections, ((the director
of early learning,)) the director of ecology, the secretary of
education, the commissioner of employment security, the chair of the
energy facility site evaluation council, the secretary of the state
finance committee, the director of financial management, the director
of fish and wildlife, the executive secretary of the forest practices
appeals board, the director of the gambling commission, the director of
general administration, the secretary of health, the administrator of
the Washington state health care authority, the executive secretary of
the health care facilities authority, the executive secretary of the
higher education facilities authority, the executive secretary of the
horse racing commission, the executive secretary of the human rights
commission, the executive secretary of the indeterminate sentence
review board, the director of the department of information services,
the executive director of the state investment board, the director of
labor and industries, the director of licensing, the director of the
lottery commission, the director of the office of minority and women's
business enterprises, the director of parks and recreation, the
director of personnel, the executive director of the public disclosure
commission, the executive director of the Puget Sound partnership, the
director of the recreation and conservation office, the director of
retirement systems, the director of revenue, the secretary of social
and health services, the chief of the Washington state patrol, the
executive secretary of the board of tax appeals, the secretary of
transportation, the secretary of the utilities and transportation
commission, the director of veterans affairs, the president of each of
the regional and state universities and the president of The Evergreen
State College, and each district and each campus president of each
state community college;
(2) Each professional staff member of the office of the governor;
(3) Each professional staff member of the legislature; and
(4) Central Washington University board of trustees, the boards of
trustees of each community college and each technical college, each
member of the state board for community and technical colleges, state
convention and trade center board of directors, Eastern Washington
University board of trustees, Washington economic development finance
authority, Washington energy northwest executive board, The Evergreen
State College board of trustees, executive ethics board, fish and
wildlife commission, forest practices appeals board, forest practices
board, gambling commission, Washington health care facilities
authority, higher education coordinating board, higher education
facilities authority, horse racing commission, state housing finance
commission, human rights commission, indeterminate sentence review
board, board of industrial insurance appeals, information services
board, state investment board, commission on judicial conduct,
legislative ethics board, life sciences discovery fund authority board
of trustees, liquor control board, lottery commission, Pacific
Northwest electric power and conservation planning council, parks and
recreation commission, Washington personnel resources board, board of
pilotage commissioners, pollution control hearings board, public
disclosure commission, public employees' benefits board, recreation and
conservation funding board, salmon recovery funding board, shorelines
hearings board, board of tax appeals, transportation commission,
University of Washington board of regents, utilities and transportation
commission, Washington State University board of regents, and Western
Washington University board of trustees.
NEW SECTION. Sec. 115 (1)(a) The powers, duties, and functions
of the state school for the blind and the Washington state center for
childhood deafness and hearing loss are hereby transferred to the
department of education. All references to the director or the state
school for the blind or the Washington state center for childhood
deafness and hearing loss in the Revised Code of Washington shall be
construed to mean the secretary or the department of education.
(b) The department of early learning, the state board of education,
and the professional educator standards board are hereby abolished and
their powers, duties, and functions are hereby transferred to the
department of education. All references to the director or the
department of early learning, the state board of education, or the
professional educator standards board in the Revised Code of Washington
shall be construed to mean the secretary or the department of
education.
(c) The office of the education ombudsman is abolished.
(2)(a) All reports, documents, surveys, books, records, files,
papers, or written material in the possession of the state school for
the blind, the Washington state center for childhood deafness and
hearing loss, the department of early learning, the state board of
education, the office of the education ombudsman, or the professional
educator standards board shall be delivered to the custody of the
department of education. All cabinets, furniture, office equipment,
motor vehicles, and other tangible property employed by the state
school for the blind, the Washington state center for childhood
deafness and hearing loss, the department of early learning, the state
board of education, the office of the education ombudsman, or the
professional educator standards board shall be made available to the
department of education. All funds, credits, or other assets held by
the state school for the blind, the Washington state center for
childhood deafness and hearing loss, the department of early learning,
the state board of education, the office of the education ombudsman, or
the professional educator standards board shall be assigned to the
department of education.
(b) Any appropriations made to the state school for the blind, the
Washington state center for childhood deafness and hearing loss, the
department of early learning, the state board of education, the office
of the education ombudsman, or the professional educator standards
board shall, on the effective date of this section, be transferred and
credited to the department of education.
(c) If any question arises as to the transfer of any personnel,
funds, books, documents, records, papers, files, equipment, or other
tangible property used or held in the exercise of the powers and the
performance of the duties and functions transferred, the director of
financial management shall make a determination as to the proper
allocation and certify the same to the state agencies concerned.
(3) All employees of the state school for the blind, the Washington
state center for childhood deafness and hearing loss, the department of
early learning, the state board of education, or the professional
educator standards board are transferred to the jurisdiction of the
department of education. All employees classified under chapter 41.06
RCW, the state civil service law, are assigned to the department of
education to perform their usual duties upon the same terms as
formerly, without any loss of rights, subject to any action that may be
appropriate thereafter in accordance with the laws and rules governing
state civil service.
(4) All rules and all pending business before the state school for
the blind, the Washington state center for childhood deafness and
hearing loss, the department of early learning, the state board of
education, or the professional educator standards board shall be
continued and acted upon by the department of education. All existing
contracts and obligations shall remain in full force and shall be
performed by the department of education.
(5) The transfer of the powers, duties, functions, and personnel of
the state school for the blind, the Washington state center for
childhood deafness and hearing loss, the department of early learning,
the state board of education, and the professional educator standards
board shall not affect the validity of any act performed before the
effective date of this section. The elimination of the office of the
education ombudsman shall not affect the validity of any act performed
before the effective date of this section.
(6) If apportionments of budgeted funds are required because of the
transfers directed by this section, the director of financial
management shall certify the apportionments to the agencies affected,
the state auditor, and the state treasurer. Each of these shall make
the appropriate transfer and adjustments in funds and appropriation
accounts and equipment records in accordance with the certification.
(7) The treatment of all classified employees of the state school
for the blind, the Washington center for childhood deafness and hearing
loss, the department of early learning, the state board of education,
or the professional educator standards board within existing bargaining
units assigned to the department of education under this section is as
provided in sections 116 and 117, chapter . . ., Laws of 2011 (sections
116 and 117 of this act).
NEW SECTION. Sec. 116 This section provides for the transfer of
employees in existing collective bargaining units to the department of
education as provided for in section 115 of this act.
(1) Employees of the State School for the Blind. The existing
bargaining units of the employees at the state school for the blind
shall be transferred in their entirety to the department of education
without the merging of other bargaining units or the inclusion of
employees from other bargaining units. Nothing contained in this
section or section 115 of this act may be construed to alter any of the
existing collective bargaining units unless and until the bargaining
unit has been modified by action of the public employment relations
commission as provided by law. Therefore, the certification of the
existing bargaining units shall remain. However, the public employment
relations commission may, upon request, amend the certification to
reflect the name of the new agency. Nothing in this section or section
115 of this act may be construed to alter the provisions of any
existing collective bargaining agreement until the agreement has
expired. The existing bargaining units of employees of the state
school for the blind transferred under this section and section 115 of
this act shall continue to be subject to the provisions of chapter
41.80 RCW.
(2) Employees of the Washington State Center for Childhood Deafness
and Hearing Loss. The existing bargaining units of the employees at
the Washington state center for childhood deafness and hearing loss
shall be transferred in their entirety to the department of education
without the merging of other bargaining units or the inclusion of
employees from other bargaining units. Nothing contained in this
section or section 115 of this act may be construed to alter any of the
existing collective bargaining units unless and until the bargaining
unit has been modified by action of the public employment relations
commission as provided by law. Therefore, the certification of the
existing bargaining units shall remain. However, the public employment
relations commission may, upon request, amend the certification to
reflect the name of the new agency. Nothing in this section or section
115 of this act may be construed to alter the provisions of any
existing collective bargaining agreement until the agreement has
expired. The existing bargaining units of employees of the Washington
state center for childhood deafness and hearing loss transferred under
this section and section 115 of this act shall continue to be subject
to the provisions of chapter 41.80 RCW.
(3) Employees of the Department of Early Learning. Employees of
the department of early learning engaged in performing the powers,
functions, and duties transferred to the department of education under
section 115 of this act who are employees classified under chapter
41.06 RCW, the state civil service law, are assigned to the department
of education to perform their usual duties upon the same terms as
formerly, without any loss of rights, subject to any action that may be
appropriate thereafter in accordance with the laws and rules governing
state civil service law.
(4) Employees of the State Board of Education. All employees of
the state board of education engaged in performing the powers,
functions, and duties transferred to the department of education under
section 115 of this act who are employees classified under chapter
41.06 RCW, the state civil service law, are assigned to the department
of education to perform their usual duties upon the same terms as
formerly, without any loss of rights, subject to any action that may be
appropriate thereafter in accordance with the laws and rules governing
state civil service law.
(5) Employees of the Professional Educator Standards Board. All
employees of the professional educator standards board engaged in
performing the powers, functions, and duties transferred to the
department of education under section 115 of this act who are employees
classified under chapter 41.06 RCW, the state civil service law, are
assigned to the department of education to perform their usual duties
upon the same terms as formerly, without any loss of rights, subject to
any action that may be appropriate thereafter in accordance with the
laws and rules governing state civil service law.
NEW SECTION. Sec. 117 A new section is added to chapter 41.80
RCW to read as follows:
(1) By July 1, 2012, the public employment relations commission
shall review the existing collective bargaining units within the
department of early learning to determine if these units would be
appropriate units within the department of education. In determining
appropriateness of bargaining units, the commission shall use and apply
the organizational restructure detail created by the department of
education transition team.
(2) If the commission determines that an existing collective
bargaining unit is appropriate pursuant to RCW 41.80.070, the exclusive
bargaining representative certified to represent the bargaining unit
before July 1, 2012, shall continue as the exclusive bargaining
representative without the necessity of an election and will be so
certified by the commission.
(3) If the commission determines that existing collective
bargaining units are not appropriate, the commission may modify those
units and order an election pursuant to RCW 41.80.080. Certified
exclusive bargaining representatives will not be required to
demonstrate a showing of interest to be included on the ballot.
(4) The commission may require an election pursuant to RCW
41.80.080 if similarly situated employees are represented by more than
one employee organization. Certified exclusive bargaining
representatives will not be required to demonstrate a showing of
interest to be included on the ballot.
(5) Certification under this section does not preclude any
subsequent actions allowable under this chapter.
Sec. 201 RCW 43.215.005 and 2010 c 232 s 1 are each amended to
read as follows:
(1) The legislature recognizes that:
(a) Parents are their children's first and most important teachers
and decision makers;
(b) Research across disciplines now demonstrates that what happens
in the earliest years makes a critical difference in children's
readiness to succeed in school and life;
(c) Washington's competitiveness in the global economy requires a
world-class education system that starts early and supports life-long
learning;
(d) Washington state currently makes substantial investments in
voluntary child care and early learning services and supports, but
because services are fragmented across multiple state agencies, and
early learning providers lack the supports and incentives needed to
improve the quality of services they provide, many parents have
difficulty accessing high quality early learning services;
(e) A more cohesive and integrated voluntary early learning system
would result in greater efficiencies for the state, increased
partnership between the state and the private sector, improved access
to high quality early learning services, and better employment and
early learning outcomes for families and all children.
(2) The legislature finds that:
(a) The early years of a child's life are critical to the child's
healthy brain development and that the quality of caregiving during the
early years can significantly impact the child's intellectual, social,
and emotional development;
(b) A successful outcome for every child obtaining a K-12 education
depends on children being prepared from birth for academic and social
success in school. For children at risk of school failure, the
achievement gap often emerges as early as eighteen months of age;
(c) There currently is a shortage of high quality services and
supports for children ages birth to three and their parents and
caregivers; and
(d) Increasing the availability of high quality services for
children ages birth to three and their parents and caregivers will
result in improved school and life outcomes.
(3) Therefore, the legislature intends to establish a robust birth-to-three continuum of services for parents and caregivers of young
children in order to provide education and support regarding the
importance of early childhood development.
(4) The purpose of this chapter is:
(a) To establish the ((department of)) responsibilities for early
learning within the department of education created in section 103 of
this act, including maximizing the integration with K-12;
(b) To coordinate and consolidate state activities relating to
child care and early learning programs;
(c) To safeguard and promote the health, safety, and well-being of
children receiving child care and early learning assistance, which is
paramount over the right of any person to provide care;
(d) To provide tools to promote the hiring of suitable providers of
child care by:
(i) Providing parents with access to information regarding child
care providers;
(ii) Providing parents with child care licensing action histories
regarding child care providers; and
(iii) Requiring background checks of applicants for employment in
any child care facility licensed or regulated under current law;
(e) To promote linkages and alignment between early learning
programs and elementary schools and support the transition of children
and families from prekindergarten environments to kindergarten;
(f) To promote the development of a sufficient number and variety
of adequate child care and early learning facilities, both public and
private; and
(g) To license agencies and to assure the users of such agencies,
their parents, the community at large and the agencies themselves that
adequate minimum standards are maintained by all child care and early
learning facilities.
(5) This chapter does not expand the state's authority to license
or regulate activities or programs beyond those licensed or regulated
under existing law.
Sec. 202 RCW 43.215.010 and 2007 c 415 s 2 and 2007 c 394 s 2 are
each reenacted and amended to read as follows:
The definitions in this section apply throughout this chapter
unless the context clearly requires otherwise.
(1) "Agency" means any person, firm, partnership, association,
corporation, or facility that provides child care and early learning
services outside a child's own home and includes the following
irrespective of whether there is compensation to the agency:
(a) "Child day care center" means an agency that regularly provides
child day care and early learning services for a group of children for
periods of less than twenty-four hours;
(b) "Early learning" includes but is not limited to programs and
services for child care; state, federal, private, and nonprofit
preschool; child care subsidies; child care resource and referral;
parental education and support; and training and professional
development for early learning professionals;
(c) "Family day care provider" means a child day care provider who
regularly provides child day care and early learning services for not
more than twelve children in the provider's home in the family living
quarters;
(d) "Nongovernmental private-public partnership" means an entity
registered as a nonprofit corporation in Washington state with a
primary focus on early learning, school readiness, and parental
support, and an ability to raise a minimum of five million dollars in
contributions;
(e) "Service provider" means the entity that operates a community
facility.
(2) "Agency" does not include the following:
(a) Persons related to the child in the following ways:
(i) Any blood relative, including those of half-blood, and
including first cousins, nephews or nieces, and persons of preceding
generations as denoted by prefixes of grand, great, or great-great;
(ii) Stepfather, stepmother, stepbrother, and stepsister;
(iii) A person who legally adopts a child or the child's parent as
well as the natural and other legally adopted children of such persons,
and other relatives of the adoptive parents in accordance with state
law; or
(iv) Spouses of any persons named in (i), (ii), or (iii) of this
subsection (2)(a), even after the marriage is terminated;
(b) Persons who are legal guardians of the child;
(c) Persons who care for a neighbor's or friend's child or
children, with or without compensation, where the person providing care
for periods of less than twenty-four hours does not conduct such
activity on an ongoing, regularly scheduled basis for the purpose of
engaging in business, which includes, but is not limited to,
advertising such care;
(d) Parents on a mutually cooperative basis exchange care of one
another's children;
(e) Nursery schools or kindergartens that are engaged primarily in
educational work with preschool children and in which no child is
enrolled on a regular basis for more than four hours per day;
(f) Schools, including boarding schools, that are engaged primarily
in education, operate on a definite school year schedule, follow a
stated academic curriculum, accept only school-age children, and do not
accept custody of children;
(g) Seasonal camps of three months' or less duration engaged
primarily in recreational or educational activities;
(h) Facilities providing care to children for periods of less than
twenty-four hours whose parents remain on the premises to participate
in activities other than employment;
(i) Any agency having been in operation in this state ten years
before June 8, 1967, and not seeking or accepting moneys or assistance
from any state or federal agency, and is supported in part by an
endowment or trust fund;
(j) An agency operated by any unit of local, state, or federal
government or an agency, located within the boundaries of a federally
recognized Indian reservation, licensed by the Indian tribe;
(k) An agency located on a federal military reservation, except
where the military authorities request that such agency be subject to
the licensing requirements of this chapter;
(l) An agency that offers early learning and support services, such
as parent education, and does not provide child care services on a
regular basis.
(3) "Applicant" means a person who requests or seeks employment in
an agency.
(4) "Department" means the department of ((early learning))
education created in section 103 of this act.
(5) "Director" means the ((director)) secretary of ((the
department)) education or the secretary's designee.
(6) "Employer" means a person or business that engages the services
of one or more people, especially for wages or salary to work in an
agency.
(7) "Enforcement action" means denial, suspension, revocation,
modification, or nonrenewal of a license pursuant to RCW 43.215.300(1)
or assessment of civil monetary penalties pursuant to RCW
43.215.300(3).
(8) "Probationary license" means a license issued as a disciplinary
measure to an agency that has previously been issued a full license but
is out of compliance with licensing standards.
(9) "Requirement" means any rule, regulation, or standard of care
to be maintained by an agency.
(10) "Secretary" means the secretary of education.
Sec. 203 RCW 43.215.020 and 2010 c 233 s 1, 2010 c 232 s 2, and
2010 c 231 s 6 are each reenacted and amended to read as follows:
(1) The department of ((early learning is created as an executive
branch agency. The department is vested with all)) education is
responsible for the powers and duties transferred to it under this
chapter and such other powers and duties as may be authorized by law.
(2) The primary duties of the department under this chapter are to
implement state early learning policy maximizing the integration with
K-12 and to coordinate, consolidate, and integrate child care and early
learning programs in order to administer programs and funding as
efficiently as possible. The department's duties include, but are not
limited to, the following:
(a) To support both public and private sectors toward a
comprehensive and collaborative system of early learning that serves
parents, children, and providers and to encourage best practices in
child care and early learning programs;
(b) To make early learning resources available to parents and
caregivers;
(c) To carry out activities, including providing clear and easily
accessible information about quality and improving the quality of early
learning opportunities for young children, in cooperation with the
nongovernmental private-public partnership;
(d) To administer child care and early learning programs;
(e) To serve as the state lead agency for Part C of the federal
individuals with disabilities education act (IDEA);
(f) To standardize internal financial audits, oversight visits,
performance benchmarks, and licensing criteria, so that programs can
function in an integrated fashion;
(g) To support the implementation of the nongovernmental private-public partnership and cooperate with that partnership in pursuing its
goals including providing data and support necessary for the successful
work of the partnership;
(h) ((To work cooperatively and in coordination with the early
learning council;)) To collaborate with the K-12 school system at the state and
local levels to ensure appropriate connections and smooth transitions
between early learning and K-12 programs;
(i)
(((j))) (i) To develop and adopt rules for administration of the
program of early learning established in RCW 43.215.141; and
(((k) To develop a comprehensive birth-to-three plan to provide
education and support through a continuum of options including, but not
limited to, services such as: Home visiting; quality incentives for
infant and toddler child care subsidies; quality improvements for
family home and center-based child care programs serving infants and
toddlers; professional development; early literacy programs; and
informal supports for family, friend, and neighbor caregivers; and)) (j) Upon the development of an early learning information
system, to make available to parents timely inspection and licensing
action information through the internet and other means.
(l)
(3) The department's programs shall be designed in a way that
respects and preserves the ability of parents and legal guardians to
direct the education, development, and upbringing of their children,
and that recognizes and honors cultural and linguistic diversity. The
department shall include parents and legal guardians in the development
of policies and program decisions affecting their children.
Sec. 204 RCW 43.215.147 and 2008 c 152 s 6 are each amended to
read as follows:
(((1))) Within available funds, the ((council for children and
families)) department shall fund evidence-based and research-based home
visitation programs for improving parenting skills and outcomes for
children. Home visitation programs must be voluntary and must address
the needs of families to alleviate the effect on child development of
factors such as poverty, single parenthood, parental unemployment or
underemployment, parental disability, or parental lack of high school
diploma, which research shows are risk factors for child abuse and
neglect and poor educational outcomes.
(((2) The council for children and families shall develop a plan
with the department of social and health services, the department of
health, the department of early learning, and the family policy council
to coordinate or consolidate home visitation services for children and
families and report to the appropriate committees of the legislature by
December 1, 2007, with their recommendations for implementation of the
plan.))
NEW SECTION. Sec. 205 The following acts or parts of acts, as
now existing or hereafter amended, are each repealed:
(1) RCW 43.215.030 (Director -- Appointment -- Salary) and 2006 c 265
s 104;
(2) RCW 43.215.040 (Director -- Power and duties) and 2006 c 265 s
105;
(3) RCW 43.215.090 (Early learning advisory council -- Statewide
early learning plan) and 2010 c 234 s 3, 2010 c 12 s 1, & 2007 c 394 s
3;
(4) RCW 43.215.125 (Washington head start program proposal -- Report)
and 2009 c 564 s 941 & 2008 c 164 s 2;
(5) RCW 43.215.440 (Early childhood education and assistance
program -- State support -- Priorities -- Program funding levels) and 1994 c
166 s 10, 1990 c 33 s 214, 1987 c 518 s 102, & 1985 c 418 s 9;
(6) RCW 43.215.445 (Early childhood education and assistance
program -- Reimbursement of advisory committee expenses) and 1985 c 418
s 10; and
(7) RCW 41.06.097 (Department of early learning -- Certain personnel
exempted from chapter) and 2006 c 265 s 110.
Sec. 301 RCW 28A.175.075 and 2010 c 243 s 4 are each amended to
read as follows:
(1) The office of the superintendent of public instruction shall
establish a state-level building bridges work group that includes K-12
and state agencies that work with youth who have dropped out or are at
risk of dropping out of school. The following agencies shall appoint
representatives to the work group: The office of the superintendent of
public instruction, the workforce training and education coordinating
board, ((the department of early learning,)) the employment security
department, the state board for community and technical colleges, the
department of health, the community mobilization office, and the
children's services and behavioral health and recovery divisions of the
department of social and health services. The work group should also
consist of one representative from each of the following agencies and
organizations: A statewide organization representing career and
technical education programs including skill centers; the juvenile
courts or the office of juvenile justice, or both; the Washington
association of prosecuting attorneys; the Washington state office of
public defense; accredited institutions of higher education; the
educational service districts; the area workforce development councils;
parent and educator associations; ((achievement gap oversight and
accountability committee; office of the education ombudsman;)) local
school districts; agencies or organizations that provide services to
special education students; community organizations serving youth;
federally recognized tribes and urban tribal centers; each of the major
political caucuses of the senate and house of representatives; and the
minority commissions.
(2) To assist and enhance the work of the building bridges programs
established in RCW 28A.175.025, the state-level work group shall:
(a) Identify and make recommendations to the legislature for the
reduction of fiscal, legal, and regulatory barriers that prevent
coordination of program resources across agencies at the state and
local level;
(b) Develop and track performance measures and benchmarks for each
partner agency or organization across the state including performance
measures and benchmarks based on student characteristics and outcomes
specified in RCW 28A.175.035(1)(e); and
(c) Identify research-based and emerging best practices regarding
prevention, intervention, and retrieval programs.
(3)(a) The work group shall report to the ((quality education))
P-12 council, the department of education, appropriate committees of
the legislature, and the governor on an annual basis beginning December
1, 2007, with proposed strategies for building K-12 dropout prevention,
intervention, and reengagement systems in local communities throughout
the state including, but not limited to, recommendations for
implementing emerging best practices, needed additional resources, and
eliminating barriers.
(b) By September 15, 2010, the work group shall report on:
(i) A recommended state goal and annual state targets for the
percentage of students graduating from high school;
(ii) A recommended state goal and annual state targets for the
percentage of youth who have dropped out of school who should be
reengaged in education and be college and work ready;
(iii) Recommended funding for supporting career guidance and the
planning and implementation of K-12 dropout prevention, intervention,
and reengagement systems in school districts and a plan for phasing the
funding into the program of basic education, beginning in the 2011-2013
biennium; and
(iv) A plan for phasing in the expansion of the current school
improvement planning program to include state-funded, dropout-focused
school improvement technical assistance for school districts in
significant need of improvement regarding high school graduation rates.
(4) State agencies in the building bridges work group shall work
together, wherever feasible, on the following activities to support
school/family/community partnerships engaged in building K-12 dropout
prevention, intervention, and reengagement systems:
(a) Providing opportunities for coordination and flexibility of
program eligibility and funding criteria;
(b) Providing joint funding;
(c) Developing protocols and templates for model agreements on
sharing records and data;
(d) Providing joint professional development opportunities that
provide knowledge and training on:
(i) Research-based and promising practices;
(ii) The availability of programs and services for vulnerable
youth; and
(iii) Cultural competence.
(5) The building bridges work group shall make recommendations to
the governor and the legislature by December 1, 2010, on a state-level
and regional infrastructure for coordinating services for vulnerable
youth. Recommendations must address the following issues:
(a) Whether to adopt an official conceptual approach or framework
for all entities working with vulnerable youth that can support
coordinated planning and evaluation;
(b) The creation of a performance-based management system,
including outcomes, indicators, and performance measures relating to
vulnerable youth and programs serving them, including accountability
for the dropout issue;
(c) The development of regional and/or county-level multipartner
youth consortia with a specific charge to assist school districts and
local communities in building K-12 comprehensive dropout prevention,
intervention, and reengagement systems;
(d) The development of integrated or school-based one-stop shopping
for services that would:
(i) Provide individualized attention to the neediest youth and
prioritized access to services for students identified by a dropout
early warning and intervention data system;
(ii) Establish protocols for coordinating data and services,
including getting data release at time of intake and common assessment
and referral processes; and
(iii) Build a system of single case managers across agencies;
(e) Launching a statewide media campaign on increasing the high
school graduation rate; and
(f) Developing a statewide database of available services for
vulnerable youth.
Sec. 302 RCW 28A.230.090 and 2009 c 548 s 111 and 2009 c 223 s 2
are each reenacted and amended to read as follows:
(1) The ((state board)) department of education shall establish
high school graduation requirements or equivalencies for students,
except those equivalencies established by local high schools or school
districts under RCW 28A.230.097. The purpose of a high school diploma
is to declare that a student is ready for success in postsecondary
education, gainful employment, and citizenship, and is equipped with
the skills to be a lifelong learner.
(a) Any course in Washington state history and government used to
fulfill high school graduation requirements shall consider including
information on the culture, history, and government of the American
Indian peoples who were the first inhabitants of the state.
(b) The certificate of academic achievement requirements under RCW
28A.655.061 or the certificate of individual achievement requirements
under RCW 28A.155.045 are required for graduation from a public high
school but are not the only requirements for graduation.
(c) Any decision on whether a student has met the ((state board's))
department of education's high school graduation requirements for a
high school and beyond plan shall remain at the local level.
(2)(a) In recognition of the statutory authority of the ((state
board)) department of education to establish and enforce minimum high
school graduation requirements, the ((state board)) department shall
periodically reevaluate the graduation requirements and shall report
such findings to the legislature in a timely manner as determined by
the ((state board)) department.
(b) The ((state board)) department of education shall reevaluate
the graduation requirements for students enrolled in vocationally
intensive and rigorous career and technical education programs,
particularly those programs that lead to a certificate or credential
that is state or nationally recognized. The purpose of the evaluation
is to ensure that students enrolled in these programs have sufficient
opportunity to earn a certificate of academic achievement, complete the
program and earn the program's certificate or credential, and complete
other state and local graduation requirements.
(c) The ((state board)) department of education shall forward any
proposed changes to the high school graduation requirements to the
education committees of the legislature for review and to the ((quality
education)) P-12 council established under ((RCW 28A.290.010)) section
108 of this act, and the secretary of education. The legislature shall
have the opportunity to act during a regular legislative session before
the changes are adopted through administrative rule by the ((state
board)) department of education. 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 and funded by the legislature through the
omnibus appropriations act or other enacted legislation.
(3) Pursuant to any requirement for instruction in languages other
than English established by the ((state board)) department of education
or a local school district, or both, for purposes of high school
graduation, students who receive instruction in American sign language
or one or more American Indian languages shall be considered to have
satisfied the state or local school district graduation requirement for
instruction in one or more languages other than English.
(4) If requested by the student and his or her family, a student
who has completed high school courses before attending high school
shall be given high school credit which shall be applied to fulfilling
high school graduation requirements if:
(a) The course was taken with high school students, if the academic
level of the course exceeds the requirements for seventh and eighth
grade classes, and the student has successfully passed by completing
the same course requirements and examinations as the high school
students enrolled in the class; or
(b) The academic level of the course exceeds the requirements for
seventh and eighth grade classes and the course would qualify for high
school credit, because the course is similar or equivalent to a course
offered at a high school in the district as determined by the school
district board of directors.
(5) Students who have taken and successfully completed high school
courses under the circumstances in subsection (4) of this section shall
not be required to take an additional competency examination or perform
any other additional assignment to receive credit.
(6) At the college or university level, five quarter or three
semester hours equals one high school credit.
Sec. 303 RCW 28A.290.020 and 2010 c 236 s 5 are each amended to
read as follows:
(1) The legislature intends to continue to redefine the
instructional program of education under RCW 28A.150.220 that fulfills
the obligations and requirements of Article IX of the state
Constitution. The funding formulas under RCW 28A.150.260 to support
the instructional program shall be implemented to the extent the
technical details of the formula have been established and according to
an implementation schedule to be adopted by the legislature. The
object of the schedule is to assure that any increases in funding
allocations are timely, predictable, and occur concurrently with any
increases in program or instructional requirements. It is the intent
of the legislature that no increased programmatic or instructional
expectations be imposed upon schools or school districts without an
accompanying increase in resources as necessary to support those
increased expectations.
(2) The office of financial management, with assistance and support
from the office of the superintendent of public instruction, shall
convene a technical working group to:
(a) Develop the details of the funding formulas under RCW
28A.150.260;
(b) Recommend to the legislature an implementation schedule for
phasing-in any increased program or instructional requirements
concurrently with increases in funding for adoption by the legislature;
and
(c) Examine possible sources of revenue to support increases in
funding allocations and present options to the legislature and the
((quality education)) P-12 council created in ((RCW 28A.290.010))
section 108 of this act for consideration.
(3) The working group shall include representatives of the
legislative evaluation and accountability program committee, school
district and educational service district financial managers, the
Washington association of school business officers, the Washington
education association, the Washington association of school
administrators, the association of Washington school principals, the
Washington state school directors' association, the public school
employees of Washington, and other interested stakeholders with
expertise in education finance. The working group may convene advisory
subgroups on specific topics as necessary to assure participation and
input from a broad array of diverse stakeholders.
(4) The working group shall be monitored and overseen by the
legislature and the ((quality education)) P-12 council established in
((RCW 28A.290.010)) section 108 of this act. The working group shall
submit its recommendations to the legislature by December 1, 2009.
(5) After the 2009 report to the legislature, the office of
financial management ((and)), the office of the superintendent of
public instruction, and the department of education shall periodically
reconvene the working group to monitor and provide advice on further
development and implementation of the funding formulas under RCW
28A.150.260 and provide technical assistance to the ongoing work of the
((quality education)) P-12 council established in section 108 of this
act.
Sec. 304 RCW 28A.300.020 and 2005 c 497 s 403 are each amended to
read as follows:
The superintendent of public instruction may appoint assistant
superintendents of public instruction, a deputy superintendent of
public instruction, and may employ such other assistants and clerical
help as are necessary to carry out the supervisory duties of the
superintendent ((and the state board of education. However, the
superintendent shall employ without undue delay the executive director
of the state board of education and other state board of education
office assistants and clerical help, appointed by the state board under
RCW 28A.305.130, whose positions are allotted and funded in accordance
with moneys appropriated exclusively for the operation of the state
board of education. The rate of compensation and termination of any
such executive director, state board office assistants, and clerical
help shall be subject to the prior consent of the state board of
education)). The assistant superintendents, deputy superintendent, and
such other officers and employees as are exempted from the provisions
of chapter 41.06 RCW, shall serve at the pleasure of the superintendent
((or at the pleasure of the superintendent and the state board of
education as provided in this section. Expenditures by the
superintendent of public instruction for direct and indirect support of
the state board of education are valid operational expenditures by and
in behalf of the office of the superintendent of public instruction)).
Sec. 305 RCW 28A.300.030 and 1975 1st ex.s. c 275 s 46 are each
amended to read as follows:
The department of education or the superintendent of public
instruction, by rule ((or regulation)), may require the assistance of
educational service district boards and/or superintendents in the
performance of any duty, authority, or power imposed upon or granted to
the department of education or the superintendent of public instruction
by law or by the Constitution of the state of Washington, upon such
terms and conditions as the department of education or the
superintendent of public instruction shall establish. Such authority
to assist the superintendent of public instruction shall be limited to
the service function of information collection and dissemination and
the attestment to the accuracy and completeness of submitted
information. Authority to assist the department of education shall
include provision of services to students, educators, and organizations
in settings from early learning through secondary education as directed
by the department of education.
Sec. 306 RCW 28A.300.035 and 1994 c 113 s 1 are each amended to
read as follows:
If the superintendent of public instruction or the ((state board))
department of education, in carrying out their powers and duties under
Title 28A RCW, request the service of any certificated or classified
employee of a school district upon any committee formed for the purpose
of furthering education within the state, or within any school district
therein, and such service would result in a need for a school district
to employ a substitute for such certificated or classified employee
during such service, payment for such a substitute may be made by the
superintendent of public instruction or the department of education
from funds appropriated by the legislature for the current use of the
common schools and such payments shall be construed as amounts needed
for state support to the common schools under RCW 28A.150.380. If such
substitute is paid by the superintendent of public instruction or the
department of education, no deduction shall be made from the salary of
the certificated or classified employee. In no event shall a school
district deduct from the salary of a certificated or classified
employee serving on such committee more than the amount paid the
substitute employed by the district.
Sec. 307 RCW 28A.300.040 and 2009 c 556 s 10 are each amended to
read as follows:
In addition to any other powers and duties as provided by law, the
powers and duties of the superintendent of public instruction shall be:
(1) To have supervision over all matters pertaining to the public
schools of the state;
(2) To report to the governor and the legislature such information
and data as may be required for the management and improvement of the
schools;
(3) To maximize integration with early learning education and to
coordinate and collaborate with the secretary of education and other
department of education officials in carrying out the duties of the
department of education;
(4) To prepare and have printed such forms, registers, courses of
study, rules for the government of the common schools, and such other
material and books as may be necessary for the discharge of the duties
of teachers and officials charged with the administration of the laws
relating to the common schools, and to distribute the same to
educational service district superintendents;
(((4))) (5) To travel, without neglecting his or her other official
duties as superintendent of public instruction, for the purpose of
attending educational meetings or conventions, of visiting schools, and
of consulting educational service district superintendents or other
school officials;
(((5))) (6) To prepare and from time to time to revise a manual of
the Washington state common school code, copies of which shall be made
available online and which shall be sold at approximate actual cost of
publication and distribution per volume to public and nonpublic
agencies or individuals, said manual to contain Titles 28A and 28C RCW,
rules related to the common schools, and such other matter as the state
superintendent or the ((state board)) secretary of education shall
collaboratively determine. Proceeds of the sale of such code shall be
transmitted to the public printer who shall credit the state
superintendent's account within the state printing plant revolving fund
by a like amount;
(((6))) (7) To file all papers, reports and public documents
transmitted to the superintendent by the school officials of the
several counties or districts of the state, each year separately.
Copies of all papers filed in the superintendent's office, and the
superintendent's official acts, may, or upon request, shall be
certified by the superintendent and attested by the superintendent's
official seal, and when so certified shall be evidence of the papers or
acts so certified to;
(((7))) (8) To require annually, on or before the 15th day of
August, of the president, manager, or principal of every educational
institution in this state, a report as required by the superintendent
of public instruction; and it is the duty of every president, manager,
or principal, to complete and return such forms within such time as the
superintendent of public instruction shall direct;
(((8))) (9) To keep in the superintendent's office a record of all
teachers receiving certificates to teach in the common schools of this
state;
(((9))) (10) To issue certificates as provided by law;
(((10))) (11) To keep in the superintendent's office at the capital
of the state, all books and papers pertaining to the business of the
superintendent's office, and to keep and preserve in the
superintendent's office a complete record of statistics((, as well as
a record of the meetings of the state board of education));
(((11))) (12) With the assistance of the office of the attorney
general, to decide all points of law which may be submitted to the
superintendent in writing by any educational service district
superintendent, or that may be submitted to the superintendent by any
other person, upon appeal from the decision of any educational service
district superintendent; and the superintendent shall publish his or
her rulings and decisions from time to time for the information of
school officials and teachers; and the superintendent's decision shall
be final unless set aside by a court of competent jurisdiction;
(((12))) (13) To administer oaths and affirmations in the discharge
of the superintendent's official duties;
(((13))) (14) To deliver to his or her successor, at the expiration
of the superintendent's term of office, all records, books, maps,
documents and papers of whatever kind belonging to the superintendent's
office or which may have been received by the superintendent's for the
use of the superintendent's office;
(((14))) (15) To administer family services and programs to promote
the state's policy as provided in RCW 74.14A.025;
(((15))) (16) To promote the adoption of school-based curricula and
policies that provide quality, daily physical education for all
students, and to encourage policies that provide all students with
opportunities for physical activity outside of formal physical
education classes;
(((16))) (17) To perform such other duties as may be required by
law.
Sec. 308 RCW 28A.300.041 and 2009 c 310 s 1 are each amended to
read as follows:
(1) The legislature finds that a statewide student assessment
system should improve and inform classroom instruction, support
accountability, and provide useful information to all levels of the
educational system, including students, parents, teachers, schools,
school districts, and the state. The legislature intends to redesign
the current statewide system, in accordance with the recommendations of
the Washington assessment of student learning legislative work group,
to:
(a) Include multiple assessment formats, including both formative
and summative, as necessary to provide information to help improve
instruction and inform accountability;
(b) Enable collection of data that allows both statewide and
nationwide comparisons of student learning and achievement; and
(c) Be balanced so that the information used to make significant
decisions that affect school accountability or student educational
progress includes many data points and does not rely on solely the
results of a single assessment.
(2) The legislature further finds that one component of the
assessment system should be instructionally supportive formative
assessments. The key design elements or characteristics of an
instructionally supportive assessment must:
(a) Be aligned to state standards in areas that are being assessed;
(b) Measure student growth and competency at multiple points
throughout the year in a manner that allows instructors to monitor
student progress and have the necessary trend data with which to
improve instruction;
(c) Provide rapid feedback;
(d) Link student growth with instructional elements in order to
gauge the effectiveness of educators and curricula;
(e) Provide tests that are appropriate to the skill level of the
student;
(f) Support instruction for students of all abilities, including
highly capable students and students with learning disabilities;
(g) Be culturally, linguistically, and cognitively relevant,
appropriate, and understandable to each student taking the assessment;
(h) Inform parents and draw parents into greater participation of
the student's study plan;
(i) Provide a way to analyze the assessment results relative to
characteristics of the student such as, but not limited to, English
language learners, gender, ethnicity, poverty, age, and disabilities;
(j) Strive to be computer-based and adaptive; and
(k) Engage students in their learning.
(3) The legislature further finds that a second component of the
assessment system should be a state-administered summative achievement
assessment that can be used as a check on the educational system in
order to guide state expectations for the instruction of children and
satisfy legislative demands for accountability. The key design
elements or characteristics of the state administered achievement
assessment must:
(a) Be aligned to state standards in areas that are being assessed;
(b) Maintain and increase academic rigor;
(c) Measure student learning growth over years; and
(d) Strengthen curriculum.
(4) The legislature further finds that a third component of the
assessment system should include classroom-based assessments, which may
be formative, summative, or both. Depending on their use, classroom-based assessments should have the same design elements and
characteristics described in this section for formative and summative
assessments.
(5) The legislature further finds that to sustain a strong and
viable assessment system, preservice and ongoing training should be
provided for teachers and administrators on the effective use of
different types of assessments.
(6) The legislature further finds that as the statewide data system
is developed, data should be collected for all state-required statewide
assessments to be used for accountability and to monitor overall
student achievement.
(7) The superintendent of public instruction, in consultation with
the ((state board)) department of education, shall begin design and
development of an overall K-12 assessment system that meets the
principles and characteristics described in this section. In designing
formative and summative assessments, the superintendent shall solicit
bids for the use of computerized adaptive testing methodologies.
(8) ((Beginning December 1, 2009, and annually thereafter, the
superintendent and state board shall jointly report to the legislature
regarding the assessment system, including a cost analysis of any
changes and costs to expand availability and use of instructionally
supportive formative assessments.)) Beginning December 1, 2012, and
annually thereafter, the department of education and the superintendent
of public instruction shall jointly report to the legislature regarding
the K-12 assessment system, including a cost analysis of any changes
and costs to expand availability and use of instructionally supportive
formative assessments as well as efforts to align the K-12 assessment
system with assessment development and implementation in early learning
and higher education as appropriate.
Sec. 309 RCW 28A.300.042 and 2009 c 468 s 4 are each amended to
read as follows:
All student data-related reports required of the superintendent of
public instruction and the department of education in this title must
be disaggregated by at least the following subgroups of students:
White, Black, Hispanic, American Indian/Alaskan Native, Asian, Pacific
Islander/Hawaiian Native, low income, transitional bilingual, migrant,
special education, and students covered by section 504 of the federal
rehabilitation act of 1973, as amended (29 U.S.C. Sec. 794).
Sec. 310 RCW 28A.300.1361 and 2009 c 468 s 7 are each amended to
read as follows:
The ((superintendent of public instruction)) department of
education shall take all actions necessary to secure federal funds to
support enhancing data collection and data system capacity in order to
monitor progress in closing the achievement gap and to support other
innovations and model programs that align education reform and address
disproportionality in the public school system.
Sec. 311 RCW 28A.300.160 and 1995 c 399 s 21 are each amended to
read as follows:
(1) The ((office of the superintendent of public instruction))
department of education shall be the lead agency and shall assist the
department of social and health services, ((the department of
community, trade, and economic development)) early learning providers,
and school districts in establishing a coordinated primary prevention
program for child abuse and neglect.
(2) In developing the program, consideration shall be given to the
following:
(a) Parent, teacher, and children's workshops whose information and
training is:
(i) Provided in a clear, age-appropriate, nonthreatening manner,
delineating the problem and the range of possible solutions;
(ii) Culturally and linguistically appropriate to the population
served;
(iii) Appropriate to the geographic area served; and
(iv) Designed to help counteract common stereotypes about child
abuse victims and offenders;
(b) Training for school age children's parents and school staff,
which includes:
(i) Physical and behavioral indicators of abuse;
(ii) Crisis counseling techniques;
(iii) Community resources;
(iv) Rights and responsibilities regarding reporting;
(v) School district procedures to facilitate reporting and apprise
supervisors and administrators of reports; and
(vi) Caring for a child's needs after a report is made;
(c) Training for licensed day care providers and parents that
includes:
(i) Positive child guidance techniques;
(ii) Physical and behavioral indicators of abuse;
(iii) Recognizing and providing safe, quality day care;
(iv) Community resources;
(v) Rights and responsibilities regarding reporting; and
(vi) Caring for the abused or neglected child;
(d) Training for children that includes:
(i) The right of every child to live free of abuse;
(ii) How to disclose incidents of abuse and neglect;
(iii) The availability of support resources and how to obtain help;
(iv) Child safety training and age-appropriate self-defense
techniques; and
(v) A period for crisis counseling and reporting immediately
following the completion of each children's workshop in a school
setting which maximizes the child's privacy and sense of safety.
(3) The primary prevention program established under this section
shall be a voluntary program and shall not be part of the basic program
of education.
(4) Parents shall be given notice of the primary prevention program
and may refuse to have their children participate in the program.
Sec. 312 RCW 28A.300.250 and 1991 c 366 s 402 are each amended to
read as follows:
The department of education and the superintendent of public
instruction shall aggressively solicit eligible schools, child and
adult day care centers, and other organizations to participate in the
nutrition programs authorized by the United States department of
agriculture.
Sec. 313 RCW 28A.300.500 and 2007 c 401 s 2 are each amended to
read as follows:
(1) The office of the superintendent of public instruction is
authorized to establish a longitudinal student data system for and on
behalf of school districts in the state that is integrated with the
research and data work of the department of education. The primary
purpose of the data system is to better aid research into programs and
interventions that are most effective in improving student performance,
better understand the state's public educator workforce, and provide
information on areas within the educational system that need
improvement.
(2) The confidentiality of personally identifiable student data
shall be safeguarded consistent with the requirements of the federal
family educational rights privacy act and applicable state laws.
Consistent with the provisions of these federal and state laws, data
may be disclosed for educational purposes and studies, including but
not limited to:
(a) Educational studies authorized or mandated by the state
legislature;
(b) Studies initiated by other state educational authorities and
authorized by the office of the superintendent of public instruction or
the department of education, including analysis conducted by the
education data center established under RCW 43.41.400; and
(c) Studies initiated by other public or private agencies and
organizations and authorized by the office of the superintendent of
public instruction or the department of education.
(3) Any agency or organization that is authorized by the office of
the superintendent of public instruction or the department of education
to access student-level data shall adhere to all federal and state laws
protecting student data and safeguarding the confidentiality and
privacy of student records.
(4) Nothing in this section precludes the office of the
superintendent of public instruction or the department of education
from collecting and distributing aggregate data about students or
student-level data without personally identifiable information.
Sec. 314 RCW 28A.300.505 and 2007 c 401 s 5 are each amended to
read as follows:
(1) The office of the superintendent of public instruction in
collaboration with the department of education shall develop standards
for school data systems that focus on validation and verification of
data entered into the systems to ensure accuracy and compatibility of
data. The standards shall address but are not limited to the following
topics:
(a) Date validation;
(b) Code validation, which includes gender, race or ethnicity, and
other code elements;
(c) Decimal and integer validation; and
(d) Required field validation as defined by state and federal
requirements.
(2) The superintendent of public instruction in collaboration with
the department of education shall develop a reporting format and
instructions for school districts to collect and submit data on student
demographics that is disaggregated by distinct ethnic categories within
racial subgroups so that analyses may be conducted on student
achievement using the disaggregated data.
Sec. 315 RCW 28A.305.130 and 2009 c 548 s 502 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) For purposes of statewide kindergarten through grade
twelve accountability, the secretary 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)
(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)) secretary 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)) secretary shall adopt the goals by rule. However, before
each goal is implemented, the ((board)) secretary shall present the
goal to the education committees of the house of representatives and
the senate for the committees' review and comment in a time frame that
will permit the legislature to take statutory action on the goal if
such action is deemed warranted by the legislature;
(b) Identify the scores students must achieve in order to meet the
standard on the Washington assessment of student learning and, for high
school students, to obtain a certificate of academic achievement. The
((board)) secretary shall also determine student scores that identify
levels of student performance below and beyond the standard. The
((board)) secretary shall consider the incorporation of the standard
error of measurement into the decision regarding the award of the
certificates. The ((board)) secretary shall set such performance
standards and levels in consultation with the ((superintendent of
public instruction)) P-12 education council created in section 108 of
this act and after consideration of any recommendations that may be
developed by any advisory committees that may be established for this
purpose. The initial performance standards and any changes recommended
by the ((board)) secretary in the performance standards for the tenth
grade 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;
(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)) recommend any improvements needed to the
system; ((and))
(d) ((Include in the biennial report required under RCW
28A.305.035,)) Annually report to the legislature information on the
progress that has been made in achieving adopted goals ((adopted by the
board));
(((5))) (e) Accredit, subject to such accreditation standards and
procedures as may be established by the ((state board)) department 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: PROVIDED, That no private school may be approved that
operates a kindergarten program only: PROVIDED FURTHER, That no
private schools 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; and
(((6))) (f) 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
Sec. 316 RCW 28A.310.010 and 2009 c 381 s 25 are each amended to
read as follows:
It shall be the intent and purpose of this chapter to establish
educational service districts as regional agencies which are intended
to:
(1) Provide cooperative and informational services to local school
districts and to other education providers as appropriate;
(2) Assist the department of education and the superintendent of
public instruction ((and the state board of education)) in the
performance of their respective statutory or constitutional duties; and
(3) Provide services to school districts and to the Washington
state center for childhood deafness and hearing loss and the school for
the blind to assure equal educational opportunities and other education
providers as appropriate.
Sec. 317 RCW 28A.310.200 and 2009 c 381 s 27 are each amended to
read as follows:
In addition to other powers and duties as provided by law, every
educational service district board shall:
(1) Approve the budgets of the educational service district in
accordance with the procedures provided for in this chapter;
(2) Meet regularly according to the schedule adopted at the
organization meeting and in special session upon the call of the chair
or a majority of the board;
(3) Approve the selection of educational service district personnel
and clerical staff as provided in RCW 28A.310.230;
(4) Fix the amount of and approve the bonds for those educational
service district employees designated by the board as being in need of
bonding;
(5) Keep in the educational service district office a full and
correct transcript of the boundaries of each school district within the
educational service district;
(6) Acquire by borrowing funds or by purchase, lease, devise,
bequest, and gift and otherwise contract for real and personal property
necessary for the operation of the educational service district and to
the execution of the duties of the board and superintendent thereof and
sell, lease, or otherwise dispose of that property not necessary for
district purposes. No real property shall be acquired or alienated
without the prior approval of the superintendent of public instruction
and the acquisition or alienation of all such property shall be subject
to such provisions as the superintendent may establish. When borrowing
funds for the purpose of acquiring property, the educational service
district board shall pledge as collateral the property to be acquired.
Borrowing shall be evidenced by a note or other instrument between the
district and the lender;
(7) Under RCW 28A.310.010, upon the written request of the board of
directors of a local school district or districts served by the
educational service district, the educational service district board of
directors may provide cooperative and informational services not in
conflict with other law that provide for the development and
implementation of programs, activities, services, or practices that
support the education of preschool through twelfth grade students in
the public schools or that support the effective, efficient, or safe
management and operation of the school district or districts served by
the educational service district, or assist the department of education
in providing services to students, educators, and organizations in
settings from early learning through high school graduation;
(8) Adopt such bylaws and rules for its own operation as it deems
necessary or appropriate; and
(9) Enter into contracts, including contracts with common and
educational service districts and the Washington state center for
childhood deafness and hearing loss and the school for the blind for
the joint financing of cooperative service programs conducted pursuant
to RCW 28A.310.180(3), and employ consultants and legal counsel
relating to any of the duties, functions, and powers of the educational
service districts.
Sec. 318 RCW 28A.310.210 and 1975 1st ex.s. c 275 s 19 are each
amended to read as follows:
In addition to other powers and duties prescribed by law every
educational service district board shall be authorized to((:)) pay the expenses of its members in accordance with law for
attendance at statewide meetings of educational service district board
members.
(1)
(((2) Pay dues from educational service district funds in an amount
not to exceed one hundred dollars per board member per year for
membership in a statewide association of educational service district
board members: PROVIDED, That dues to such an association shall not be
paid unless the formation of such an association, including its
constitution and bylaws, is approved by a resolution passed by at least
two-thirds of the educational service district boards within the state:
PROVIDED FURTHER, That such association if formed shall not employ any
staff but shall contract either with the Washington state school
directors' association or with the superintendent of public instruction
for staff and informational services.))
Sec. 319 RCW 28A.310.270 and 1975 1st ex.s. c 275 s 24 are each
amended to read as follows:
In addition to other powers and duties as provided by law, each
educational service district superintendent shall:
(1) Serve as chief executive officer of the educational service
district and secretary of the educational service district board.
(2) Visit the schools in the educational service district, counsel
with directors and staff, and assist in every possible way to advance
the educational ((interest in)) interests of the department of
education and the educational service district.
Sec. 320 RCW 28A.310.280 and 1975 1st ex.s. c 275 s 25 are each
amended to read as follows:
In addition to other powers and duties as provided by law, each
educational service district superintendent shall:
(1) Perform such record keeping, including such annual reports as
may be required, and liaison and informational services to local school
districts, the department of education, and the superintendent of
public instruction as required by rule ((or regulation)) of the
department of education or the superintendent of public instruction
((or state board of education)): PROVIDED, That the department of
education and the superintendent of public instruction ((and the state
board of education)) may require some or all of the school districts to
report information directly when such reporting procedures are deemed
desirable or feasible.
(2) Keep records of official acts of the educational service
district board and superintendents in accordance with RCW ((28A.21.120,
as now or hereafter amended)) 28A.310.310.
(3) Preserve carefully all reports of school officers and teachers
and deliver to the successor of the office all records, books,
documents, and papers belonging to the office either personally or
through a personal representative, taking a receipt for the same, which
shall be filed in the office of the county auditor in the county where
the office is located.
Sec. 321 RCW 28A.310.340 and 1990 c 33 s 286 are each amended to
read as follows:
It is the intent of the legislature that a basic core of uniform
services be provided by educational service districts and be identified
in statute so that biennial budget requests for educational service
districts may be based upon measurable goals and needs. Educational
service districts as noted in RCW 28A.310.010, are intended primarily
to:
(1) Provide cooperative and informational services to local
districts and to perform functions for those districts when such
functions are more effectively or economically administered from the
regional level;
(2) Assist the state educational agencies, the department of
education, and the office of the superintendent of public instruction
((and the state board of education)) in the legal performance of their
duties; and
(3) Assist in providing pupils with equal educational
opportunities.
The purpose of RCW 28A.310.350 and 28A.310.360 is to further
identify those core services in order to prepare educational service
district budgets for the 1979-81 biennium, and those bienniums beyond.
Sec. 322 RCW 28A.310.400 and 1975 1st ex.s. c 275 s 35 are each
amended to read as follows:
The ((superintendent of public instruction)) department of
education shall be responsible for the provision of legal services to
all educational service districts: PROVIDED, That any educational
service district board may contract with any county for the legal
services of its prosecuting attorney.
Sec. 323 RCW 28A.315.005 and 1999 c 315 s 1 are each amended to
read as follows:
(1) Under the constitutional framework and the laws of the state of
Washington, the governance structure for the state's public common
school system is comprised of the following bodies: The legislature,
the governor, the superintendent of public instruction, the ((state
board)) department of education, the educational service district
boards of directors, and local school district boards of directors.
The respective policy and administrative roles of each body are
determined by the state Constitution and statutes.
(2) Local school districts are political subdivisions of the state
and the organization of such districts, including the powers, duties,
and boundaries thereof, may be altered or abolished by laws of the
state of Washington.
Sec. 324 RCW 28A.315.115 and 1985 c 385 s 3 are each amended to
read as follows:
Persons possessing the status of any of the following positions
shall not be eligible to be a member of a regional committee: The
secretary of education, the superintendent of public instruction, ((a
member of the state board of education,)) an educational service
district superintendent, a member of a board of directors of a school
district, a member of an educational service district board, a member
of a governing board of either a private school or a private school
district which conducts any grades kindergarten through twelve,
officers appointed by any such governing board, and employees of a
school district, an educational service district, the ((office of the
superintendent of public instruction)) department of education, a
private school, or a private school district.
Sec. 325 RCW 28A.315.185 and 2006 c 263 s 509 are each amended to
read as follows:
To the extent funds are appropriated, the superintendent of public
instruction, in cooperation with the educational service districts and
the ((Washington state school directors' association)) state
association representing the school district boards of directors, shall
conduct an annual training meeting for the regional committees,
educational service district superintendents, and local school district
superintendents and boards of directors. Training may also be provided
upon request.
Sec. 326 RCW 28A.400.201 and 2010 c 236 s 7 are each amended to
read as follows:
(1) The legislature recognizes that providing students with the
opportunity to access a world-class educational system depends on our
continuing ability to provide students with access to world-class
educators. The legislature also understands that continuing to attract
and retain the highest quality educators will require increased
investments. The legislature intends to enhance the current salary
allocation model and recognizes that changes to the current model
cannot be imposed without great deliberation and input from teachers,
administrators, and classified employees. Therefore, it is the intent
of the legislature to begin the process of developing an enhanced
salary allocation model that is collaboratively designed to ensure the
rationality of any conclusions regarding what constitutes adequate
compensation.
(2) Beginning July 1, 2011, the office of the superintendent of
public instruction, in collaboration with the office of financial
management, shall convene a technical working group to recommend the
details of an enhanced salary allocation model that aligns state
expectations for educator development and certification with the
compensation system and establishes recommendations for a concurrent
implementation schedule. In addition to any other details the
technical working group deems necessary, the technical working group
shall make recommendations on the following:
(a) How to reduce the number of tiers within the existing salary
allocation model;
(b) How to account for labor market adjustments;
(c) How to account for different geographic regions of the state
where districts may encounter difficulty recruiting and retaining
teachers;
(d) The role of and types of bonuses available;
(e) Ways to accomplish salary equalization over a set number of
years; and
(f) Initial fiscal estimates for implementing the recommendations
including a recognition that staff on the existing salary allocation
model would have the option to grandfather in permanently to the
existing schedule.
(3) As part of its work, the technical working group shall conduct
or contract for a preliminary comparative labor market analysis of
salaries and other compensation for school district employees to be
conducted and shall include the results in any reports to the
legislature. For the purposes of this subsection, "salaries and other
compensation" includes average base salaries, average total salaries,
average employee basic benefits, and retirement benefits.
(4) The analysis required under subsection (1) of this section
must:
(a) Examine salaries and other compensation for teachers, other
certificated instructional staff, principals, and other building-level
certificated administrators, and the types of classified employees for
whom salaries are allocated;
(b) Be calculated at a statewide level that identifies labor
markets in Washington through the use of data from the United States
bureau of the census and the bureau of labor statistics; and
(c) Include a comparison of salaries and other compensation to the
appropriate labor market for at least the following subgroups of
educators: Beginning teachers and types of educational staff
associates.
(5) The working group shall include representatives of the
department of personnel, ((the professional educator standards board,))
the office of the superintendent of public instruction, the Washington
education association, the Washington association of school
administrators, the association of Washington school principals, the
Washington state school directors' association, the public school
employees of Washington, and other interested stakeholders with
appropriate expertise in compensation related matters. The working
group may convene advisory subgroups on specific topics as necessary to
assure participation and input from a broad array of diverse
stakeholders.
(6) The working group shall be monitored and overseen by the
legislature and the ((quality education)) P-12 council created in ((RCW
28A.290.010)) section 108 of this act, the superintendent of public
instruction, and the secretary of education. The working group shall
make an initial report to the legislature by June 30, 2012, and shall
include in its report recommendations for whether additional further
work of the group is necessary.
Sec. 327 RCW 28A.410.010 and 2005 c 497 s 203 are each amended to
read as follows:
The ((Washington professional educator standards board)) secretary
of education shall establish, publish, and enforce rules determining
eligibility for and certification of personnel employed in the common
schools of this state, including certification for emergency or
temporary, substitute or provisional duty and under such certificates
or permits as the board shall deem proper or as otherwise prescribed by
law. The rules shall require that the initial application for
certification shall require a record check of the applicant through the
Washington state patrol criminal identification system and through the
federal bureau of investigation at the applicant's expense. The record
check shall include a fingerprint check using a complete Washington
state criminal identification fingerprint card. ((The superintendent
of public instruction may waive)) Department of education rules may
provide a waiver of the record check for any applicant who has had a
record check within the two years before application. The rules shall
permit a holder of a lapsed certificate but not a revoked or suspended
certificate to be employed on a conditional basis by a school district
with the requirement that the holder must complete any certificate
renewal requirements established by the ((state board)) department of
education within two years of initial reemployment.
In establishing rules pertaining to the qualifications of
instructors of American sign language the board shall consult with the
national association of the deaf, "sign instructors guidance network"
(s.i.g.n.), and the Washington state association of the deaf for
evaluation and certification of sign language instructors.
The superintendent of public instruction shall act as the
administrator of any such rules and have the power to issue any
certificates or permits and revoke the same in accordance with
((board)) department of education rules.
Sec. 328 RCW 28A.410.090 and 2009 c 396 s 5 are each amended to
read as follows:
(1)(a) Any certificate or permit authorized under the provisions of
this chapter, chapter 28A.405 RCW, or rules ((promulgated)) adopted
thereunder by the department of education, may be revoked or suspended
by the authority authorized to grant the same based upon a criminal
records report authorized by law, or upon the complaint of any school
district superintendent, educational service district superintendent,
or private school administrator for immorality, violation of written
contract, unprofessional conduct, intemperance, or crime against the
law of the state. School district superintendents, educational service
district superintendents, or private school administrators may file a
complaint concerning any certificated employee of a school district,
educational service district, or private school and this filing
authority is not limited to employees of the complaining superintendent
or administrator. Such written complaint shall state the grounds and
summarize the factual basis upon which a determination has been made
that an investigation by the superintendent of public instruction is
warranted.
(b) If the superintendent of public instruction has reasonable
cause to believe that an alleged violation of this chapter or rules
adopted under it has occurred based on a written complaint alleging
physical abuse or sexual misconduct by a certificated school employee
filed by a parent or another person, but no complaint has been
forwarded to the superintendent by a school district superintendent,
educational service district superintendent, or private school
administrator, and that a school district superintendent, educational
service district superintendent, or private school administrator has
sufficient notice of the alleged violation and opportunity to file a
complaint, the superintendent of public instruction may cause an
investigation to be made of the alleged violation, together with such
other matters that may be disclosed in the course of the investigation
related to certificated personnel.
(2) A parent or another person may file a written complaint with
the superintendent of public instruction alleging physical abuse or
sexual misconduct by a certificated school employee if:
(a) The parent or other person has already filed a written
complaint with the educational service district superintendent
concerning that employee;
(b) The educational service district superintendent has not caused
an investigation of the allegations and has not forwarded the complaint
to the superintendent of public instruction for investigation; and
(c) The written complaint states the grounds and factual basis upon
which the parent or other person believes an investigation should be
conducted.
(3)(a) Any such certificate or permit authorized under this chapter
or chapter 28A.405 RCW shall be revoked by the authority authorized to
grant the certificate upon a guilty plea or the conviction of any
felony crime specified under RCW 28A.400.322, in accordance with this
section. The person whose certificate is in question shall be given an
opportunity to be heard.
(b) Mandatory permanent revocation upon a guilty plea or the
conviction of felony crimes specified under RCW 28A.400.322(1) shall
apply to such convictions or guilty pleas which occur after July 23,
1989, and before July 26, 2009.
(c) Mandatory permanent revocation upon a guilty plea or conviction
of felony crimes specified under RCW 28A.400.322(2) shall apply to such
convictions or guilty pleas that occur on or after July 26, 2009.
(d) Revocation of any certificate or permit authorized under this
chapter or chapter 28A.405 RCW for a guilty plea or criminal conviction
of a crime specified under RCW 28A.400.322 occurring prior to July 23,
1989, shall be subject to the provisions of subsection (1) of this
section.
(4)(a) Any such certificate or permit authorized under this chapter
or chapter 28A.405 RCW shall be suspended or revoked, according to the
provisions of this subsection, by the authority authorized to grant the
certificate upon a finding that an employee has engaged in an
unauthorized use of school equipment to intentionally access material
depicting sexually explicit conduct or has intentionally possessed on
school grounds any material depicting sexually explicit conduct; except
for material used in conjunction with established curriculum. A first
time violation of this subsection shall result in either suspension or
revocation of the employee's certificate or permit as determined by the
office of the superintendent of public instruction. A second violation
shall result in a mandatory revocation of the certificate or permit.
(b) In all cases under this subsection (4), the person whose
certificate is in question shall be given an opportunity to be heard
((and has the right to appeal as established in RCW 28A.410.100)).
Certificates or permits shall be suspended or revoked under this
subsection only if findings are made on or after July 24, 2005. For
the purposes of this subsection, "sexually explicit conduct" has the
same definition as provided in RCW 9.68A.011.
(5) Any such certificate or permit authorized under this chapter or
chapter 28A.405 RCW shall be revoked by the authority authorized to
grant the certificate upon a finding that the certificate holder
obtained the certificate through fraudulent means, including fraudulent
misrepresentation of required academic credentials or prior criminal
record. In all cases under this subsection, the person whose
certificate is in question shall be given an opportunity to be heard
((and has the right to appeal as established in RCW 28A.410.100)).
Certificates or permits shall be revoked under this subsection only if
findings are made on or after July 26, 2009.
Sec. 329 RCW 28A.410.210 and 2009 c 531 s 4 are each amended to
read as follows:
The ((purpose of the professional educator standards board is to))
department of education shall establish policies and requirements for
the preparation and certification of educators that provide standards
for competency in professional knowledge and practice in the areas of
certification; a foundation of skills, knowledge, and attitudes
necessary to help students with diverse needs, abilities, cultural
experiences, and learning styles meet or exceed the learning goals
outlined in RCW 28A.150.210; knowledge of research-based practice; and
professional development throughout a career. The ((Washington
professional educator standards board)) department shall:
(1) Establish policies and practices for the approval of programs
of courses, requirements, and other activities leading to educator
certification including teacher, school administrator, and educational
staff associate certification;
(2) Establish policies and practices for the approval of the
character of work required to be performed as a condition of entrance
to and graduation from any educator preparation program including
teacher, school administrator, and educational staff associate
preparation program as provided in subsection (1) of this section;
(3) Establish a list of accredited institutions of higher education
of this and other states whose graduates may be awarded educator
certificates as teacher, school administrator, and educational staff
associate and establish criteria and enter into agreements with other
states to acquire reciprocal approval of educator preparation programs
and certification, including teacher certification from the national
board for professional teaching standards;
(4) Establish policies for approval of nontraditional educator
preparation programs;
(5) Conduct a review of educator program approval standards at
least every five years, beginning in 2006, to reflect research findings
and assure continued improvement of preparation programs for teachers,
administrators, and school specialized personnel;
(6) Specify the types and kinds of educator certificates to be
issued and conditions, including certificate suspension and revocation,
for certification in accordance with subsection (1) of this section
((and)), RCW 28A.410.010, and as authorized by law;
(7) Apply for and receive federal or other funds on behalf of the
state for purposes related to the duties of the board;
(8) Adopt rules under chapter 34.05 RCW that are necessary for the
effective and efficient implementation of this chapter;
(9) Maintain data concerning educator preparation programs and
their quality, educator certification, educator employment trends and
needs, and other data deemed relevant by the board;
(10) Serve as an advisory body to the governor, the superintendent
of public instruction, and the legislature on issues related to
educator recruitment, hiring, mentoring and support, professional
growth, retention, educator evaluation including but not limited to
peer evaluation, and revocation and suspension of licensure;
(11) Submit, by October 15th of each even-numbered year, a
((joint)) report ((with the state board of education)) to the
legislative education committees, the superintendent of public
instruction, and the governor((, and the superintendent of public
instruction. The report shall address the progress the boards have
made and the obstacles they have encountered, individually and
collectively, in the work of achieving the goals set out in RCW
28A.150.210)) regarding the work accomplished by the board as directed
by this chapter and any recommendations for improvements related to the
effective and efficient discharge of these duties and the programs
administered;
(12) Establish the prospective teacher assessment system for basic
skills and subject knowledge that shall be required to obtain residency
certification pursuant to RCW 28A.410.220 through 28A.410.240;
(13) By January 2010, set performance standards and develop, pilot,
and implement a uniform and externally administered professional-level
certification assessment based on demonstrated teaching skill. In the
development of this assessment, consideration shall be given to changes
in professional certification program components such as the
culminating seminar; and
(14) Conduct meetings under the provisions of chapter 42.30 RCW.
Sec. 330 RCW 28A.410.220 and 2008 c 176 s 2 are each amended to
read as follows:
(1)(a) Beginning not later than September 1, 2001, the Washington
professional educator standards board shall make available and pilot a
means of assessing an applicant's knowledge in the basic skills. For
the purposes of this section, "basic skills" means the subjects of at
least reading, writing, and mathematics. Beginning September 1, 2002,
except as provided in (c) of this subsection and subsection (4) of this
section, passing this assessment shall be required for admission to
approved teacher preparation programs and for persons from out-of-state
applying for a Washington state residency teaching certificate. After
the effective date of this section, the department of education shall
implement the assessment.
(b) On an individual student basis, approved teacher preparation
programs may admit into their programs a candidate who has not achieved
the minimum basic skills assessment score established by the
((Washington professional educator standards board)) department of
education. Individuals so admitted may not receive residency
certification without passing the basic skills assessment under this
section.
(c) The ((Washington professional educator standards board))
department of education may establish criteria to ensure that persons
from out-of-state who are applying for residency certification and
persons applying to master's degree level teacher preparation programs
can demonstrate to the ((board's)) department's satisfaction that they
have the requisite basic skills based upon having completed another
basic skills assessment acceptable to the ((Washington professional
educator standards board)) department or by some other alternative
approved by the ((Washington professional educator standards board))
department.
(2) The professional educator standards board shall set performance
standards and develop((,)) and pilot((, and implement)) a uniform and
externally administered professional-level certification assessment
based on demonstrated teaching skill. In the development of this
assessment, consideration shall be given to changes in professional
certification program components such as the culminating seminar. The
department of education shall implement the professional-level
certification.
(3) Beginning not later than September 1, 2002, the Washington
professional educator standards board shall provide for the initial
piloting and implementation of a means of assessing an applicant's
knowledge in the subjects for which the applicant has applied for an
endorsement to his or her residency or professional teaching
certificate. The assessment of subject knowledge shall not include
instructional methodology. Beginning September 1, 2005, passing this
assessment shall be required to receive an endorsement for
certification purposes. After the effective date of this section, the
department of education shall implement the assessment.
(4) The ((Washington professional educator standards board))
department of education may permit exceptions from the assessment
requirements under subsections (1), (2), and (3) of this section on a
case-by-case basis.
(5) The ((Washington professional educator standards board))
department of education shall provide for reasonable accommodations for
individuals who are required to take the assessments in subsection (1),
(2), or (3) of this section if the individuals have learning or other
disabilities.
(6) With the exception of applicants exempt from the requirements
of subsections (1), (2), and (3) of this section, an applicant must
achieve a minimum assessment score or scores established by the
((Washington professional educator standards board)) department of
education on each of the assessments under subsections (1), (2), and
(3) of this section.
(7) The ((Washington professional educator standards board and
superintendent of public instruction, as determined by the Washington
professional educator standards board,)) department of education may
contract with one or more third parties for:
(a) The development, purchase, administration, scoring, and
reporting of scores of the assessments established by the Washington
professional educator standards board under subsections (1), (2), and
(3) of this section;
(b) Related clerical and administrative activities; or
(c) Any combination of the purposes in this subsection.
(8) Applicants for admission to a Washington teacher preparation
program and applicants for residency and professional certificates who
are required to successfully complete one or more of the assessments
under subsections (1), (2), and (3) of this section, and who are
charged a fee for the assessment by a third party contracted with under
subsection (7) of this section, shall pay the fee charged by the
contractor directly to the contractor. Such fees shall be reasonably
related to the actual costs of the contractor in providing the
assessment.
(9) ((The superintendent of public instruction is responsible for
supervision and providing support services to administer this section.)) The ((
(10)Washington professional educator standards board))
department of education shall ((collaboratively)) select or develop and
implement the assessments and minimum assessment scores required under
this section ((with the superintendent of public instruction)) and
shall provide opportunities for representatives of other interested
educational organizations to participate in the selection or
development and implementation of such assessments in a manner deemed
appropriate by the ((Washington professional educator standards board))
department.
(((11))) (10) The ((Washington professional educator standards
board)) department of education shall adopt rules under chapter 34.05
RCW that are reasonably necessary for the effective and efficient
implementation of this section.
Sec. 331 RCW 28A.655.115 and 2010 c 235 s 702 are each amended to
read as follows:
(1) Beginning with the 2010-11 school year, each school shall
conduct outreach and seek feedback from a broad and diverse range of
parents, other individuals, and organizations in the community
regarding their experiences with the school. The school shall
summarize the responses in its annual report under RCW 28A.655.110.
(2) The office of the superintendent of public instruction shall
create a working group with representatives of organizations
representing parents, teachers, and principals as well as diverse
communities. ((The working group shall also include a representative
from the achievement gap oversight and accountability committee.)) By
September 1, 2010, the working group shall develop model feedback tools
and strategies that school districts may use to facilitate the feedback
process required in subsection (1) of this section. The model tools
and strategies are intended to provide assistance to school districts.
School districts are encouraged to adapt the models or develop unique
tools and strategies that best fit the circumstances in their
communities.
Sec. 332 RCW 28A.657.005 and 2010 c 235 s 101 are each amended to
read as follows:
The legislature finds that it is the state's responsibility to
create a coherent and effective accountability framework for the
continuous improvement for all schools and districts. This system must
provide an excellent and equitable education for all students; an
aligned federal/state accountability system; and the tools necessary
for schools and districts to be accountable. These tools include the
necessary accounting and data reporting systems, assessment systems to
monitor student achievement, and a system of general support, targeted
assistance, and, if necessary, intervention.
The office of the superintendent of public instruction is
responsible for developing and implementing the accountability tools to
build district capacity and working within federal and state
guidelines. The legislature assigned the state board of education or
the department of education responsibility and oversight for creating
an accountability framework. This framework provides 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. Such a system will identify schools and their
districts for recognition as well as for additional state support. For
a specific group of challenged schools, defined as persistently lowest-achieving schools, and their districts, it is necessary to provide a
required action process that creates a partnership between the state
and local district to target funds and assistance to turn around the
identified lowest-achieving schools.
Phase I of this accountability system will recognize schools that
have done an exemplary job of raising student achievement and closing
the achievement gaps using the state board of education's or the
department of education's accountability index. ((The state board of
education shall have ongoing collaboration with the achievement gap
oversight and accountability committee regarding the measures used to
measure the closing of the achievement gaps and the recognition
provided to the school districts for closing the achievement gaps.))
Phase I will also target the lowest five percent of persistently
lowest-achieving schools defined under federal guidelines to provide
federal funds and federal intervention models through a voluntary
option in 2010, and for those who do not volunteer and have not
improved student achievement, a required action process beginning in
2011.
Phase II of this accountability system will work toward
implementing the state board of education's or the department of
education's accountability index for identification of schools in need
of improvement, including those that are not Title I schools, and the
use of state and local intervention models and state funds through a
required action process beginning in 2013, in addition to the federal
program. Federal approval of the state board of education's or the
department of education's accountability index must be obtained or else
the federal guidelines for persistently lowest-achieving schools will
continue to be used.
The expectation from implementation of this accountability system
is the improvement of student achievement for all students to prepare
them for postsecondary education, work, and global citizenship in the
twenty-first century.
Sec. 333 RCW 28A.657.070 and 2010 c 235 s 107 are each amended to
read as follows:
(1) A required action plan review panel shall be established to
offer an objective, external review of a request from a school district
for reconsideration of the state board of education's or the department
of education's rejection of the district's required action plan. The
review and reconsideration by the panel shall be based on whether the
state board of education or the department of education gave
appropriate consideration to the unique circumstances and
characteristics identified in the academic performance audit of the
local school district whose required action plan was rejected.
(2)(a) The panel shall be composed of five individuals with
expertise in school improvement, school and district restructuring, or
parent and community involvement in schools. Two of the panel members
shall be appointed by the speaker of the house of representatives; two
shall be appointed by the president of the senate; and one shall be
appointed by the governor.
(b) The speaker of the house of representatives, president of the
senate, and governor shall solicit recommendations for possible panel
members from the Washington association of school administrators, the
Washington state school directors' association, the association of
Washington school principals, ((the achievement gap oversight and
accountability committee,)) and associations representing certificated
teachers, classified school employees, and parents.
(c) Members of the panel shall be appointed no later than December
1, 2010, but the superintendent of public instruction shall convene the
panel only as needed to consider a school district's request for
reconsideration. Appointments shall be for a four-year term, with
opportunity for reappointment. Reappointments in the case of a vacancy
shall be made expeditiously so that all requests are considered in a
timely manner.
(3) The required action plan review panel may reaffirm the decision
of the state board of education or the department of education,
recommend that the state board or the department of education
reconsider the rejection, or recommend changes to the required action
plan that should be considered by the district and the state board of
education or the department of education to secure approval of the
plan. The state board of education or the department of education
shall consider the recommendations of the panel and issue a decision in
writing to the local school district and the panel. If the school
district must submit a new required action plan to the state board of
education or the department of education, the district must submit the
plan within forty days of the board's decision.
(4) The state board of education, department of education, and
superintendent of public instruction must develop timelines and
procedures for the deliberations under this section so that school
districts can implement a required action plan within the time frame
required under RCW 28A.657.060.
Sec. 334 RCW 28A.657.110 and 2010 c 235 s 111 are each amended to
read as follows:
(1) The state board of education or the department 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) The state board of education or the department of education
shall develop an accountability index to identify schools and districts
for recognition, for continuous improvement, 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.
(3) The state board of education or the department of education, in
cooperation with the office of the superintendent of public
instruction, shall annually recognize schools for exemplary performance
as measured on the state board of education or the department of
education accountability index. ((The state board of education shall
have ongoing collaboration with the achievement gap oversight and
accountability committee regarding the measures used to measure the
closing of the achievement gaps and the recognition provided to the
school districts for closing the achievement gaps.))
(4) In coordination with the superintendent of public instruction,
the state board of education or the department 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.
(5) The state board of education or the department 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 or the department of education on how the state
resources received are being used.
Sec. 335 RCW 72.40.010 and 2009 c 381 s 3 are each amended to
read as follows:
There are established at Vancouver, Clark county, a school which
shall be known as the state school for the blind, and a separate school
which shall be known as the state school for the deaf. The primary
purpose of the state school for the blind and the state school for the
deaf is to educate and train hearing and visually impaired children.
The school for the blind shall be under the direction of the
superintendent with the advice of the board of trustees. The
superintendent shall report to the secretary of education. The school
for the deaf shall be under the direction of the director of the center
for childhood deafness and hearing loss or the director's designee
((and)) with the advice of the board of trustees. The director shall
report to the secretary of education.
Sec. 336 RCW 72.40.015 and 2009 c 381 s 2 are each amended to
read as follows:
(1) The Washington state center for childhood deafness and hearing
loss is established within the department of education to provide
statewide leadership for the coordination and delivery of educational
services to children who are deaf or hard of hearing. The activities
of the center shall be under the ((authority)) direction of the
director and advice of the board of trustees. ((The superintendent and
board of trustees of the state school for the deaf as of July 26, 2009,
shall be the director and board of trustees of the center.))
(2) The center's primary functions are:
(a) Managing and directing the supervision of the state school for
the deaf;
(b) Providing statewide leadership and support for the coordination
of regionally delivered educational services in the full range of
communication modalities, for children who are deaf or hard of hearing;
and
(c) Collaborating with appropriate public and private partners for
the training and professional development of educators serving children
who are deaf or hard of hearing.
Sec. 337 RCW 72.40.019 and 2009 c 381 s 4 are each amended to
read as follows:
The ((governor)) secretary of education shall appoint a director
for the Washington state center for childhood deafness and hearing
loss. The director shall have a master's or higher degree from an
accredited college or university in school administration or deaf
education, five or more years of experience teaching or providing
habilitative services to deaf or hard of hearing students, and three or
more years administrative or supervisory experience in programs for
deaf or hard of hearing students.
Sec. 338 RCW 72.40.0191 and 2009 c 381 s 5 are each amended to
read as follows:
In addition to any other powers and duties prescribed by law, the
director of the Washington state center for childhood deafness and
hearing loss:
(1) Shall be responsible for the supervision and management of the
center, including the state school for the deaf, and the property of
various kinds. The director may designate an individual to oversee the
day-to-day operation and supervision of students at the school;
(2) Shall employ members of the faculty, administrative officers,
and other employees, who shall all be subject to chapter 41.06 RCW, the
state civil service law, unless specifically exempted by other
provisions of law;
(3) Shall provide technical assistance and support as appropriate
to local and regional efforts to build critical mass and
communication-rich networking opportunities for children who are deaf
or hard of hearing and their families;
(4) Shall establish the course of study including vocational
training, with the assistance of the faculty and the approval of the
board of trustees;
(5) Shall((, as approved by the board of trustees,)) control and
authorize the use of the facilities for night school, summer school,
public meetings, applied research and training for the instruction of
students who are deaf or hard of hearing, outreach and support to
families of children who are deaf or hard of hearing, or other purposes
consistent with the purposes of the center;
(6) Shall purchase all supplies and lease or purchase equipment and
other personal property needed for the operation or maintenance of the
center;
(7) Shall prepare((, submit to the board of trustees for
approval,)) and administer the budget consistent with RCW 43.88.160 and
the budget and accounting act, chapter 43.88 RCW generally, as
applicable;
(8) Shall provide technical assistance and support to educational
service districts for the regional delivery of a full range of
educational services to students who are deaf or hard of hearing,
including but not limited to services relying on American Sign
Language, auditory oral education, total communication, and signed
exact English;
(9) As requested by educational service districts, shall recruit,
employ, and deploy itinerant teachers to provide in-district services
to children who are deaf or hard of hearing;
(10) May establish criteria, in addition to state certification,
for the teachers at the school and employees of the center;
(11) May establish((, with the approval of the board of trustees,))
new facilities as needs demand;
(12) May adopt rules, under chapter 34.05 RCW, ((as approved by the
board of trustees and)) as deemed necessary for the governance,
management, and operation of the center;
(13) May adopt rules((, as approved by the board of trustees,)) for
pedestrian and vehicular traffic on property owned, operated, and
maintained by the center;
(14) Except as otherwise provided by law, may enter into contracts
as the director deems essential to the purpose of the center;
(15) May receive gifts, grants, conveyances, devises, and bequests
of real or personal property from whatever source, as may be made from
time to time, in trust or otherwise, whenever the terms and conditions
will aid in carrying out the programs of the center; sell, lease, or
exchange, invest, or expend the same or the proceeds, rents, profits,
and income thereof except as limited by the terms and conditions
thereof; and adopt rules to govern the receipt and expenditure of the
proceeds, rents, profits, and income thereof;
(16) May adopt rules((, as approved by the board of trustees,))
providing for the transferability of employees between the center and
the school for the blind consistent with collective bargaining
agreements in effect; and
(17) May adopt rules under chapter 34.05 RCW((, as approved by the
board of trustees,)) and perform all other acts not forbidden by law as
the director deems necessary or appropriate to the administration of
the center.
Sec. 339 RCW 72.40.020 and 1985 c 378 s 13 are each amended to
read as follows:
The ((governor)) secretary of education shall appoint a
superintendent for the state school for the blind. The superintendent
shall have a master's degree from an accredited college or university
in school administration or blind education, five years of experience
teaching blind students in the classroom, and three years
administrative or supervisory experience in programs for blind
students.
Sec. 340 RCW 72.40.024 and 2009 c 381 s 6 are each amended to
read as follows:
In addition to the powers and duties under RCW 72.40.022 and
72.40.0191, the superintendent of the school for the blind and the
director of the Washington state center for childhood deafness and
hearing loss, or the director's designee, shall:
(1) Monitor the location and educational placement of each student
reported to the superintendent and the director, or the director's
designee, by the educational service district superintendents;
(2) Provide information about educational programs, instructional
techniques, materials, equipment, and resources available to students
with visual or auditory impairments to the parent or guardian,
educational service district superintendent, and the superintendent of
the school district where the student resides; and
(3) Serve as a consultant to the department of education and the
office of the superintendent of public instruction, provide
instructional leadership, and assist school districts in improving
their instructional programs for students with visual or hearing
impairments.
Sec. 341 RCW 72.41.010 and 1985 c 378 s 28 are each amended to
read as follows:
It is the intention of the legislature in creating a board of
trustees for the state school for the blind to perform the duties set
forth in this chapter, that the board of trustees perform needed
advisory services to the legislature, to the secretary of education,
and to the superintendent of the Washington state school for the blind,
in the development of programs for the visually impaired, and in the
operation of the Washington state school for the blind.
Sec. 342 RCW 72.41.020 and 1993 c 147 s 7 are each amended to
read as follows:
There is hereby created a board of trustees for the state school
for the blind to be composed of a resident from each of the state's
congressional districts now or hereafter existing. Trustees with
voting privileges shall be appointed by the ((governor with the consent
of the senate)) secretary of education. A representative of the
parent-teachers association of the Washington state school for the
blind, a representative of the Washington council of the blind, a
representative of the national federation of the blind of Washington,
one representative designated by the teacher association of the
Washington state school for the blind, and a representative of the
classified staff designated by his or her exclusive bargaining
representative shall each be ex officio and nonvoting members of the
board of trustees and shall serve during their respective tenures in
such positions.
Trustees shall be appointed by the ((governor)) secretary of
education to serve for a term of five years except that any person
appointed to fill a vacancy occurring prior to the expiration of any
term shall be appointed within sixty days of the vacancy and appointed
only for the remainder of the term.
One trustee shall be a resident and qualified elector from each of
the state's congressional districts. The board shall not be deemed to
be unlawfully constituted and a trustee shall not be deemed ineligible
to serve the remainder of the trustee's unexpired term on the board
solely by reason of the establishment of new or revised boundaries for
congressional districts. No voting trustee may be an employee of the
state school for the blind, a member of the board of directors of any
school district, a member of the governing board of any public or
private educational institution, a school district or educational
service district administrator, appointed after July 1, 1986, or an
elected officer or member of the legislative authority or any municipal
corporation.
The board of trustees shall organize itself by electing a chairman
from its members. The board shall adopt a seal and may adopt such
bylaws, rules, and regulations as it deems necessary for its own
government. A majority of the voting members of the board in office
shall constitute a quorum, but a lesser number may convene from time to
time and may compel the attendance of absent members in such manner as
prescribed in its bylaws, rules, or regulations. The superintendent of
the state school for the blind shall serve as, or may designate another
person to serve as, the secretary of the board, who shall not be deemed
to be a member of the board.
Sec. 343 RCW 72.41.040 and 1985 c 378 s 30 are each amended to
read as follows:
The board of trustees of the state school for the blind:
(1) Shall monitor and inspect all existing facilities of the state
school for the blind, and report its findings to the superintendent;
(2) Shall study and recommend comprehensive programs of education
and training and review the admission policy as set forth in RCW
72.40.040 and 72.40.050, and make appropriate recommendations to the
superintendent;
(3) Shall submit a list of three qualified candidates for
superintendent to the ((governor)) secretary of education and shall
advise the superintendent about the criteria and policy to be used in
the selection of members of the faculty and such other administrative
officers and other employees, who shall with the exception of the
superintendent all be subject to chapter 41.06 RCW, the state civil
service law, unless specifically exempted by other provisions of law.
All employees and personnel classified under chapter 41.06 RCW shall
continue, after July 1, 1986, to perform their usual duties upon the
same terms as formerly, without any loss of rights, subject to any
action that may be appropriate thereafter in accordance with the laws
and rules governing the state civil service law;
(4) Shall submit an evaluation of the superintendent to the
((governor)) secretary of education by July 1st of each odd-numbered
year and may recommend to the ((governor)) secretary of education that
the superintendent be removed for misfeasance, malfeasance, or
((wilful)) willful neglect of duty;
(5) May recommend to the superintendent the establishment of new
facilities as needs demand;
(6) May recommend to the superintendent rules and regulations for
the government, management, and operation of such housing facilities
deemed necessary or advisable;
(7) May make recommendations to the superintendent concerning
classrooms and other facilities to be used for summer or night schools,
or for public meetings and for any other uses consistent with the use
of such classrooms or facilities for the school for the blind;
(8) May make recommendations to the superintendent for adoption of
rules and regulations for pedestrian and vehicular traffic on property
owned, operated, or maintained by the school for the blind;
(9) Shall recommend to the superintendent, with the assistance of
the faculty, the course of study including vocational training in the
school for the blind, in accordance with other applicable provisions of
law and rules and regulations;
(10) May grant to every student, upon graduation or completion of
a program or course of study, a suitable diploma, nonbaccalaureate
degree, or certificate;
(11) Shall participate in the development of, and monitor the
enforcement of the rules and regulations pertaining to the school for
the blind;
(12) Shall perform any other duties and responsibilities prescribed
by the superintendent.
Sec. 344 RCW 72.42.010 and 2009 c 381 s 13 are each amended to
read as follows:
It is the intention of the legislature, in creating a board of
trustees for the Washington state center for childhood deafness and
hearing loss to perform the duties set forth in this chapter, that the
board of trustees perform needed ((oversight)) advisory services to the
((governor and)) the legislature, the secretary of education, and the
director of the center in the development of programs for the hard of
hearing, and in the operation of the center, including the school for
the deaf.
Sec. 345 RCW 72.42.021 and 2009 c 381 s 16 are each amended to
read as follows:
(1) The governance of the center and the school shall be vested in
a board of trustees. The board shall consist of nine members appointed
by the ((governor, with the consent of the senate)) secretary of
education. The board shall be composed of a resident from each of the
state's congressional districts and may include:
(a) One member who is deaf or hard of hearing;
(b) Two members who are experienced educational professionals;
(c) One member who is experienced in providing residential services
to youth; and
(d) One member who is the parent of a child who is deaf or hard of
hearing and who is receiving or has received educational services
related to deafness or hearing impairment from a public educational
institution.
(2) No voting trustee may be an employee of the school or the
center, a member of the board of directors of any school district, a
member of the governing board of any public or private educational
institution or an elected officer or member of the legislative
authority of any municipal corporation. No more than two voting
trustees may be school district or educational service district
administrators appointed after July 1, 1986.
(3) Trustees shall be appointed by the ((governor)) secretary of
education to serve a term of five years, except that any person
appointed to fill a vacancy occurring prior to the expiration of a term
shall be appointed within sixty days of the vacancy and appointed only
for the remainder of the term. Of the initial members, three must be
appointed for two-year terms, three must be appointed for three-year
terms, and the remainder must be appointed for five-year terms.
(4) The board shall not be deemed unlawfully constituted and a
trustee shall not be deemed ineligible to serve the remainder of the
trustee's unexpired term on the board solely by reason of the
establishment of new or revised boundaries for congressional districts.
In such an event, each trustee may continue to serve in office for the
balance of the term for which he or she was appointed so long as the
trustee continues to reside within the boundaries of the congressional
district as they existed at the time of his or her appointment.
Vacancies which occur in a trustee position during the balance of any
term shall be filled pursuant to subsection (3) of this section by a
successor who resides within the boundaries of the congressional
district from which the member whose office was vacated was appointed
as they existed at the time of his or her appointment. At the
completion of such term, and thereafter, a successor shall be appointed
from the congressional district which corresponds in number with the
congressional district from which the incumbent was appointed.
Sec. 346 RCW 72.42.041 and 2009 c 381 s 17 are each amended to
read as follows:
The board of trustees of the center:
(1) Shall adopt ((rules and regulations)) procedures for its own
governance;
(2) Shall ((direct)) advise the director regarding the development
of, ((approve,)) and monitor the enforcement of, policies((,)) and
rules((, and regulations)) pertaining to the school and the center,
including but not limited to:
(a) The use of classrooms and other facilities for summer or night
schools or for public meetings and any other uses consistent with the
mission of the center;
(b) Pedestrian and vehicular traffic on property owned, operated,
or maintained by the center;
(c) Governance, management, and operation of the residential
facilities;
(d) Transferability of employees between the center and the school
for the blind consistent with collective bargaining agreements in
effect; and
(e) Compliance with state and federal education civil rights laws
at the school;
(3) Shall develop a process for recommending candidates for the
position of director and upon a vacancy shall submit a list of three
qualified candidates for director to the ((governor)) secretary of
education;
(4) Shall submit an evaluation of the director to the ((governor))
secretary of education by July 1st of each odd-numbered year that
includes a recommendation regarding the retention of the director;
(5) May recommend to the ((governor)) secretary of education at any
time that the director be removed for conduct deemed by the board to be
detrimental to the interests of the center;
(6) Shall prepare and submit by July 1st of each even-numbered year
a report to the ((governor)) secretary of education and the appropriate
committees of the legislature which contains a detailed summary of the
center's progress on performance objectives and the center's work,
facility conditions, and revenues and costs of the center for the
previous year and which contains those recommendations it deems
necessary and advisable for the ((governor)) secretary of education and
the legislature to act on;
(7) ((Shall approve)) May make recommendations to the director
regarding the center's budget and all funding requests, both operating
and capital, submitted to the ((governor)) secretary of education;
(8) ((Shall direct and approve)) May make recommendations to the
director regarding the development and implementation of comprehensive
programs of education, training, and as needed residential living, such
that students served by the school receive a challenging and quality
education in a safe school environment;
(9) Shall ((direct,)) monitor((, and approve)) the implementation
of a comprehensive continuous quality improvement system for the
center;
(10) Shall monitor and inspect all existing facilities of the
center and report its findings in its biennial report to the
((governor)) secretary of education and appropriate committees of the
legislature; and
(11) May grant to every student of the school, upon graduation or
completion of a program or course of study, a suitable diploma,
nonbaccalaureate degree, or certificate.
NEW SECTION. Sec. 347 The following acts or parts of acts, as
now existing or hereafter amended, are each repealed:
(1) RCW 28A.290.010 (Quality education council -- Purpose -- Membership
and staffing -- Reports) and 2010 c 236 s 15, 2010 c 234 s 4, & 2009 c
548 s 114;
(2) RCW 28A.300.050 (Assistance to professional educator standards
board for activities involving professional educator excellence) and
2006 c 263 s 819, 1990 c 33 s 252, & 1987 c 525 s 227;
(3) RCW 28A.300.136 (Achievement gap oversight and accountability
committee -- Policy and strategy recommendations) and 2010 c 235 s 901 &
2009 c 468 s 2;
(4) RCW 28A.300.137 (Strategies to address the achievement gap--Improvement of education performance measures -- Annual report) and 2009
c 468 s 3 & 2008 c 298 s 3;
(5) RCW 28A.305.011 (Board membership -- Terms -- Compensation) and
2006 c 263 s 105 & 2005 c 497 s 101;
(6) RCW 28A.305.021 (Election of board members -- Restrictions) and
2005 c 497 s 102;
(7) RCW 28A.305.035 (Joint report to the legislature) and 2006 c
263 s 103 & 2005 c 497 s 103;
(8) RCW 28A.305.902 (Transfer of duties -- Review and
recommendation -- 2006 c 263) and 2006 c 263 s 101;
(9) RCW 28A.310.480 (Delegation to ESD of state board of education
program, project or service -- Contract) and 1977 ex.s. c 283 s 6;
(10) RCW 28A.345.010 (Association created) and 1969 ex.s. c 223 s
28A.61.010;
(11) RCW 28A.345.020 (Membership) and 1969 ex.s. c 223 s
28A.61.020;
(12) RCW 28A.345.030 (Powers of association) and 1991 c 66 s 1,
1990 c 33 s 372, 1989 c 325 s 1, 1983 c 187 s 1, 1979 c 151 s 13, 1974
ex.s. c 101 s 1, 1969 ex.s. c 184 s 4, & 1969 ex.s. c 223 s 28A.61.030;
(13) RCW 28A.345.040 (Coordination of policies -- Report) and 1969
ex.s. c 223 s 28A.61.040;
(14) RCW 28A.345.050 (Association dues -- Payment) and 1983 c 187 s
2, 1969 c 125 s 2, & 1969 ex.s. c 223 s 28A.61.050;
(15) RCW 28A.345.060 (Audit of staff classifications and employees'
salaries -- Contract with department of personnel -- Copies) and 1986 c 158
s 3 & 1983 c 187 s 4;
(16) RCW 28A.345.070 (Tribal relationships -- Achievement gap--Curriculum -- Reports to the legislature) and 2005 c 205 s 2;
(17) RCW 28A.345.902 (Effective date -- 1983 c 187) and 1983 c 187 s
8;
(18) RCW 28A.410.200 (Washington professional educator standards
board -- Creation -- Membership -- Executive director) and 2009 c 531 s 2,
2005 c 497 s 202, 2003 1st sp.s. c 22 s 1, 2002 c 92 s 1, & 2000 c 39
s 102;
(19) RCW 28A.410.260 (Washington professional educator standards
board -- Model standards for cultural competency -- Recommendations) and
2009 c 468 s 5;
(20) RCW 43.06B.010 (Office created -- Purposes -- Appointment--Regional education ombudsmen) and 2006 c 116 s 3;
(21) RCW 43.06B.030 (Liability for good faith performance--Privileged communications) and 2006 c 116 s 5; and
(22) RCW 43.06B.050 (Annual reports) and 2006 c 116 s 7.
NEW SECTION. Sec. 348 RCW 28A.230.090, 28A.290.020,
28A.300.1361, and 28A.300.160 are each recodified as sections in
chapter 28A.--- RCW (the new chapter created in section 502 of this
act).
Sec. 401 RCW 43.41.400 and 2009 c 548 s 201 are each amended to
read as follows:
(1) An education data center shall be established in the office of
financial management. The education data center shall jointly, with
the legislative evaluation and accountability program committee,
conduct collaborative analyses of early learning, K-12, and higher
education programs and education issues across the P-20 system, which
includes the department of ((early learning)) education, the
superintendent of public instruction, ((the professional educator
standards board, the state board of education,)) the state board for
community and technical colleges, the workforce training and education
coordinating board, the higher education coordinating board, public and
private nonprofit four-year institutions of higher education, and for
the purposes of this section shall also include the employment security
department. The education data center shall conduct collaborative
analyses under this section with the legislative evaluation and
accountability program committee and provide data electronically to the
legislative evaluation and accountability program committee, to the
extent permitted by state and federal confidentiality requirements.
The education data center shall be considered an authorized
representative of the state educational agencies in this section under
applicable federal and state statutes for purposes of accessing and
compiling student record data for research purposes.
(2) The education data center shall:
(a) In consultation with the legislative evaluation and
accountability program committee and the agencies and organizations
participating in the education data center, identify the critical
research and policy questions that are intended to be addressed by the
education data center and the data needed to address the questions;
(b) Coordinate with other state education agencies to compile and
analyze education data, including data on student demographics that is
disaggregated by distinct ethnic categories within racial subgroups,
and complete P-20 research projects;
(c) Collaborate with the legislative evaluation and accountability
program committee and the education and fiscal committees of the
legislature in identifying the data to be compiled and analyzed to
ensure that legislative interests are served;
(d) Annually provide to the K-12 data governance group a list of
data elements and data quality improvements that are necessary to
answer the research and policy questions identified by the education
data center and have been identified by the legislative committees in
(c) of this subsection. Within three months of receiving the list, the
K-12 data governance group shall develop and transmit to the education
data center a feasibility analysis of obtaining or improving the data,
including the steps required, estimated time frame, and the financial
and other resources that would be required. Based on the analysis, the
education data center shall submit, if necessary, a recommendation to
the legislature regarding any statutory changes or resources that would
be needed to collect or improve the data;
(e) Monitor and evaluate the education data collection systems of
the organizations and agencies represented in the education data center
ensuring that data systems are flexible, able to adapt to evolving
needs for information, and to the extent feasible and necessary,
include data that are needed to conduct the analyses and provide
answers to the research and policy questions identified in (a) of this
subsection;
(f) Track enrollment and outcomes through the public centralized
higher education enrollment system;
(g) Assist other state educational agencies' collaborative efforts
to develop a long-range enrollment plan for higher education including
estimates to meet demographic and workforce needs;
(h) Provide research that focuses on student transitions within and
among the early learning, K-12, and higher education sectors in the P-20 system; and
(i) Make recommendations to the legislature as necessary to help
ensure the goals and objectives of this section and RCW 28A.655.210 and
28A.300.507 are met.
(3) The department of ((early learning,)) education, superintendent
of public instruction, ((professional educator standards board, state
board of education,)) state board for community and technical colleges,
workforce training and education coordinating board, higher education
coordinating board, public four-year institutions of higher education,
and employment security department shall work with the education data
center to develop data-sharing and research agreements, consistent with
applicable security and confidentiality requirements, to facilitate the
work of the center. Private, nonprofit institutions of higher
education that provide programs of education beyond the high school
level leading at least to the baccalaureate degree and are accredited
by the Northwest association of schools and colleges or their peer
accreditation bodies may also develop data-sharing and research
agreements with the education data center, consistent with applicable
security and confidentiality requirements. The education data center
shall make data from collaborative analyses available to the education
agencies and institutions that contribute data to the education data
center to the extent allowed by federal and state security and
confidentiality requirements applicable to the data of each
contributing agency or institution.
NEW SECTION. Sec. 501 The code reviser shall prepare legislation
for the 2012 session to correct obsolete references resulting from the
enactment of this bill.
NEW SECTION. Sec. 502 Sections 101 through 110 and 115 of this
act constitute a new chapter in Title 28A RCW.
NEW SECTION. Sec. 503 Sections 101 through 109, 111 through 117,
201 through 205, 301 through 348, and 401 of this act take effect July
1, 2012.