BILL REQ. #:  S-0679.2 

Read first time 01/24/13.   Referred to Committee on Early Learning & K-12 Education.

     AN ACT Relating to policies regarding assignment of certificated instructional staff in public schools; adding a new section to chapter 28A.405 RCW; and adding a new section to chapter 41.59 RCW.

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

NEW SECTION.  Sec. 1   A new section is added to chapter 28A.405 RCW to read as follows:
     (1) Beginning September 1, 2013, or upon the expiration of a collective bargaining agreement that conflicts with the provisions of this section, whichever is later, each school district board of directors must adopt a policy on assignment of certificated instructional staff consistent with the provisions of this section. This section applies to all collective bargaining agreements entered into or renewed after the effective date of this section.
     (2) For the purposes of this section:
     (a) "Certificated instructional staff" means classroom teachers and educational staff associates;
     (b) "Displaced" means a certificated instructional staff member assigned to a particular school no longer has an assignment to that school as a result of a request for reassignment by the certificated instructional staff member, a principal, or the district administration; change in program; change in enrollment; or implementation of a state or federal accountability intervention model. As provided under RCW 28A.405.100(4)(b), a certificated instructional staff member may not be displaced during a probationary period to the supervision of an individual other than the original evaluator; and
     (c) "Nonprovisional" means a certificated instructional staff member who does not fall under the provisions of RCW 28A.405.220.
     (3) A nonprovisional certificated instructional staff member may be assigned to a particular school only with the mutual agreement of the principal and the staff member being assigned. As provided under RCW 28A.405.100(8), evaluation results must be used as one of multiple factors in the consideration of an agreement to an assignment beginning with the 2015-16 school year.
     (4) If an assignment with mutual agreement is not identified, the superintendent or designee may assign the certificated instructional staff member to a temporary position, including a substitute assignment, an instructional support position, a position in a district office, or other position.
     (5) If a displaced nonprovisional certificated instructional staff member is not assigned to a nontemporary position with mutual agreement by May 15th of the school year following the displacement, the superintendent may initiate notice of nonrenewal of contract as provided under RCW 28A.405.210. Lack of assignment under this section of a displaced certificated instructional staff member to a nontemporary position after eight or more months, including cumulative time spent in successive assignments to temporary positions, constitutes grounds for a finding of probable cause under RCW 28A.405.210.

NEW SECTION.  Sec. 2   A new section is added to chapter 41.59 RCW to read as follows:
     Nothing in this chapter may be construed to grant employers or employees the right to reach agreements that are in conflict with the provisions of section 1 of this act.