"Sec. 1   RCW 28A.305.141 and 2009 c 543 s 2 are each amended to read as follows:
     (1) In addition to waivers authorized under RCW 28A.305.140 and 28A.655.180, the state board of education may grant waivers from the requirement for a one hundred eighty-day school year under RCW 28A.150.220 ((and 28A.150.250)) to school districts that propose to operate one or more schools on a flexible calendar for purposes of economy and efficiency as provided in this section. The requirement under RCW 28A.150.220 that school districts offer ((an annual average instructional hour offering of at least one thousand)) minimum instructional hours shall not be waived.
     (2) A school district seeking a waiver under this section must submit an application that includes:
     (a) A proposed calendar for the school day and school year that demonstrates how the instructional hour requirement will be maintained;
     (b) An explanation and estimate of the economies and efficiencies to be gained from compressing the instructional hours into fewer than one hundred eighty days;
     (c) An explanation of how monetary savings from the proposal will be redirected to support student learning;
     (d) A summary of comments received at one or more public hearings on the proposal and how concerns will be addressed;
     (e) An explanation of the impact on students who rely upon free and reduced-price school child nutrition services and the impact on the ability of the child nutrition program to operate an economically independent program;
     (f) An explanation of the impact on employees in education support positions and the ability to recruit and retain employees in education support positions;
     (g) An explanation of the impact on students whose parents work during the missed school day; and
     (h) Other information that the state board of education may request to assure that the proposed flexible calendar will not adversely affect student learning.
     (3) The state board of education shall adopt criteria to evaluate waiver requests. No more than five districts may be granted waivers. Waivers may be granted for up to three years. After each school year, the state board of education shall analyze empirical evidence to determine whether the reduction is affecting student learning. If the state board of education determines that student learning is adversely affected, the school district shall discontinue the flexible calendar as soon as possible but not later than the beginning of the next school year after the determination has been made. All waivers expire August 31, ((2014)) 2017.
     (a) Two of the five waivers granted under this subsection shall be granted to school districts with student populations of less than one hundred fifty students.
     (b) Three of the five waivers granted under this subsection shall be granted to school districts with student populations of between one hundred fifty-one and five hundred students.
     (4) ((The state board of education shall examine the waivers granted under this section and make a recommendation to the education committees of the legislature by December 15, 2013, regarding whether the waiver program should be continued, modified, or allowed to terminate. This recommendation should focus on whether the program resulted in improved student learning as demonstrated by empirical evidence. Such evidence includes, but is not limited to: Improved scores on the Washington assessment of student learning, results of the dynamic indicators of basic early literacy skills, student grades, and attendance.
     (5))) This section expires August 31, ((2014)) 2017."